BOARD OF
AUGUST 9, 2005
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY,
Present:
Chairman
Vice Chairman Brenda
Carey (District 5)
Commissioner Bob
Dallari (District 1)
Commissioner Randy
Morris (District 2)
Commissioner Dick Van
Der Weide (District 3)
County Manager Kevin
Grace
Deputy Clerk Carylon
Cohen
The
Invocation was given by Pastor Wes Tanksley, Riverwalk Church of God, Sanford.
Commissioner
Dallari led the Pledge of Allegiance.
Commissioner
Dallari stated regarding Item #21, Approve and authorize Chairman to execute a
Construction Agreement with South Seminole & North Orange County Wastewater
Transmission Authority, over the last two weeks Mr. Rockett, through the
SSNOCWWTA Board, has been doing a very good job and he wanted to compliment him
publicly for the fine job he’s doing.
Commissioner
Morris questioned regarding Item #18, authorize Chairman to execute Florida
Recreation Development
Assistance Program (FRDAP) project agreement
to Soldier’s
Motion by Commissioner Carey, seconded by Commissioner Dallari, to
approve and authorize the following:
Community Services
Community Assistance
1. Approve the
following expenditures from the Seminole County Drug Abuse Trust Fund for: (1) Winter Springs Police Department in
the amount $12,000; and (2) Lake Mary Police Department in the amount of $3,875
to provide enhancement to their drug abuse education efforts.
2. Approve CSBG
application of $226,115.00 and authorize Chairman to execute grant application,
as shown on page _______, and approve the required 2% cash match of $4,522.00.
3. Adopt
appropriate Resolution #2005-R-132, as shown on page _______, approving the
issuance of industrial development revenue bonds for the Christian Prison
Ministry Inc. by the Seminole County Industrial Development Authority.
4. Approve release
of Water and Sewer Maintenance Agreement with Letter of Credit #8035350738-55
(Regal Centre, Inc.) in the amount of $2,100.00 for the Regal Centre
project.
5. Approve release
of original Water and Sewer Maintenance Agreement with Letter of Credit
#P000598 in the amount of $70,500.00 for the Estates at Wekiva Phase 1.
6. Approve release
of original Water and Sewer Maintenance Bond No. 3SM 988 401 00
(Retreat-Seminole, Limited) in the amount of $44,509.48 for the Retreat at
Wekiva Phase 1.
Districts 1, 2,
3, 4 and 5 voted AYE.
Mr.
McMillan advised it was pointed out to him yesterday for Item #31, John M.
Chenet and Kathleen K. Chenet Property, under Exhibit C, Section IV. (a), there
is an improper reference indicating Item II and it should be Item III. He further advised that Items #28, #29
and #31 on his report are the only three outstanding parcels on the Cross
Seminole Trail at this time. This
will complete acquisition on the Trail from
Commissioner Morris said the confusion on how
the process works was generated among the staff but not with the Board. His point is it has been two years.
Motion by Commissioner Morris, seconded by Commissioner Dallari, to
approve and authorize the following:
Litigation
27. Approve and authorize Chairman to execute Subordination of
Utility Interest Agreement, as shown on page _______, relating to Parcel
Numbers 112 and 712 of the
Property Acquisition
28. Authorization to accept and record in County Records donation
of a recreational trail easement, as shown on page _______, relating to Parcel
Number 136 of the Cross Seminole Trail project, located at 700 Macasphalt,
Winter Springs, APAC Southeast, Inc.
29. Approve and authorize Chairman to execute Right-of-Way Consent
License Agreement, as shown on page _______, for use of FPL Easement for the
Cross Seminole Trail project.
30. Approve and authorize Chairman to execute Purchase Agreement,
as shown on page _______, relating to Parcel Numbers 736 and 737 of the Bunnell
Road improvement project in the amount of $7,500.00, inclusive of fees and
costs; Florida Conference Association of Seventh-Day Adventists property.
31. Approve and authorize Chairman to execute Purchase Agreement,
as shown on page _______, relating to Parcel Number 104 of the Cross Seminole
Trail project located on
Districts 1, 2, 3, 4 and 5 voted
AYE.
-------
Mr.
McMillan said at the last meeting, the Sexual Predator Ordinance was brought
up. He reported that he has met
with the Sheriff’s Office and completed all changes yesterday. He talked to the Chairman yesterday and
at this point, he intends to provide copies of the final draft to each attorney
for the cities to bring comments back to the Board. He is hoping to get that to the attorneys today and, hopefully,
be able to get back on the agenda for the next Board meeting for authorization
to advertise a public hearing.
Constitutional Officers Consent Agenda
Motion by Commissioner Dallari, seconded by Commissioner Carey, to
approve and authorize the following:
Clerk’s Office
32. Expenditure Approval Lists, as shown on page _______, dated
July 11 & 18, 2005 and Payroll Approval List, as shown on page _______,
dated July 14, 2005.
Sheriff’s Office
34. Adoption of Budget Amendment Resolution #2005-R-139, as shown
on page _______, approving $100,000 to the Sheriff’s FY 2004/05 budget to
accept funds from the Florida Department of Law Enforcement Violent Crime and
Drug Control Council to aid in an ongoing investigation.
35. Adoption of Budget Amendment Resolution #2005-R-140, as shown
on page _______, increasing the Sheriff’s Office FY 2004/05 budget by $31,561
for unclaimed evidence funds, in accordance with Section 705.105, Florida
Statutes, that becomes the property of the Sheriff’s Office.
36. Approve Budget Change Request to transfer $160,000 in reserve
for contingency funds allocated in the Sheriff’s Office FY 04/05 adopted budget
to the Sheriff’s Office operating account.
37. Approve acceptance and authorize Chairman to execute the
Sheriff’s Office Edward Byrne Memorial Justice Assistance Grant (JAG) Award, as
shown on page _______, to complete the purchase of a Latent Print Station.
Districts 1, 2, 3, 4 and 5 voted
AYE.
-------
The
Board noted, for information only, the following Clerk’s “received and filed”:
1. Term
Contract M-491-05, as shown on page _______, with Rainbow Distributors,
2. Work
Order #10, as shown on page _______, to CC-1188-02, One Source Roofing, Inc.
3. Work
Order #10, as shown on page _______, to RFP-4214-04, Site Secure, Inc.
4. Work
Order #14, as shown on page _______, to PS-5166-04, Starmer Ranaldi Planning
and Architecture.
5. Certificate
of Final Completion, as shown on page _______, for CC-1240-04, CPH Engineers,
Inc. and
6. Basic
Contract M-490-05, as shown on page _______, with S2L, Incorporated.
7. Work
Order #23, as shown on page _______, to PS-5120-02, PBS&J.
8. Work
Order #11, as shown on page _______, to RFP-4214-04, Site Secure, Inc.
9. Change
Order #1, as shown on page _______, to Work Order #35 for CC-1212-03, Atlas
General.
10. Memorandum to Liz Parkhurst, Planning
& Development, from Sandy McCann, Commission Records, regarding outstanding
P&D documents.
11. Memorandum to Kevin Grace,
12. Memorandum to Jerry McCollum,
13. Work Order #37, as shown on page _______,
to CC-1212-03, Homes in Partnership, Inc.
14. Change Order #2, as shown on page
_______, to CC-1246-04,
15. Ninth Amendment, as shown on page
_______, to PS-549-00, HKS Architects, Inc., approved by the BCC on December
14, 2004.
16. Basic Contracts M-492-05 and M-495-05, as
shown on page _______, PBS&J.
17. Work Order #10, as shown on page _______,
to RFP-4109-01, Kessler Consulting, Inc.
18. Work Order #41, as shown on page _______,
to CC-1212-03, Corinthian Builders, Inc.
19. Amendment #1, as shown on page _______, to
Work Order #48, PS-556-00, DCR Engineering Services, Inc.
20. Work Order #38, as shown on page _______,
to CC-1212-03, Homes in Partnership, Inc.
21. Work Order #36, as shown on page _______,
to PS-5129-02, Bowyer-Singleton & Assoc., Inc.
22. Basic Contract M-494-05, as shown on page
_______, EMI Consulting Specialists, Inc.
23. Consultant Services Agreement, as shown
on page _______, between Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
and the US 17-92 Community Redevelopment Agency approved by the CRA on June 14,
2005.
24. Amendment #3, as shown on page _______,
to Work Order #3 for PS-537-99, Bowyer-Singleton & Assoc., Inc.
25. Work Order #5, as shown on page _______,
to CC-1262-05, APEC, Inc.
26. Fourth Amendment, as shown on page
_______, to IFB-3089-04, Sun Belt Medical/Emergi-Source.
27. Second Amendment, as shown on page
_______, to RFP-4190-03, Pomeroy IT Solutions.
28. Work Orders #6 and #7, as shown on page
_______, to CC-1262-05, Schuller Contractors.
29. Amendment #3, as shown on page _______,
to Work Order #15 for PS-586-01, S2LI, Inc.
30. Work Order #1, as shown on page _______,
to PS-5177-05, Professional Engineering Consultants.
31. Notice from the Florida Public Service Commission
regarding disposition of Docket No. 041272-EI, Progress Energy
32. Letter to Maryanne Morse, Clerk, from
Thelma McPherson, City of
33. US 17-92 CRA Redevelopment Grant
Agreement, as shown on page _______, between the CRA and Terra Firma
Construction Management, Inc. approved by the CRA on June 14, 2005.
34. Work Order #29, as shown on page _______,
to PS-574-00, The Colinas Group.
35. Work Order #37, as shown on page _______,
to PS-5129-02, Bowyer-Singleton & Assoc., Inc.
36. Change Order #1, as shown on page
_______, to Work Order #18 for CC-1222-03, Schuller Contractors, Inc.
37. Memorandum to Lisa Spriggs from J. Kevin
Grace,
38. Memorandum to Sandy McCann from Jennifer
Bero, Grants Coordinator, regarding outstanding BCC document.
39. Bids as follows: IFB-3121-05, IFB-3122-05, and
IFB-3123-05, as shown on page _______.
Ray
Hooper, Purchasing Manager, addressed the Board to request direction and
authorization to proceed with a contract agreement for Lake Mary Boulevard
Pedestrian Overpass at
Commissioner
Morris reported he had a conversation with the City Manager and they have not
had a meeting yet. In his
conversation with the City Manager, he thought it was worthy to pursue because
of the rationalization the City Manager made in the letter.
Motion by Commissioner Morris, seconded by Commissioner Dallari, to
approve Alternative 1 (build two bridges concurrently totaling $7,318,000) as
identified in the staff report, under Contract DB-608-04, as shown on page
_______, with the condition that the City of Lake Mary will take over the
maintenance of the roof tops on both bridges.
Under
discussion, Commissioner Dallari asked if there are any provisions on the
bridges for the City or the County to put a signature plate telling what the
road is or the city the bridge is going through. Mr. McCollum advised that historically what staff has done
for the trails system is put it in without having the city’s name or logo.
Commissioner
Carey said she, too, was a little disappointed with the letter received because
this is really a safety issue. To
do nothing would not be the responsible thing to do. She reminded the Board that this started out with three
options from $2.9 million to $3.9 million and the Board selected the most
expensive one and now they are tying to come up with some economy of scales to
see if they could save some money for use.” She stated she would not be
supporting the motion because it is not appropriate and she doesn’t think it is
responsible.
Commissioner
Van Der Wide stated he has a little heart burn, not so much with the letter,
but that the newspaper had the Mayor’s comments. He thought it was completely unnecessary and not in line
with the way he would do things.
As he looked into this, the City of Winter Springs contributed over
$200,000 for the bridge they wanted.
He said considering the circumstances, that it was over budget.
Whereupon,
Commissioner Morris stated these two bridges are $700,000 under budget.
Commissioner
Van Der Weide continued that it was roughly $240,000 over budget and that is
basically what Winter Springs paid.
Mr.
Grace said Winter Springs understood that they were asking the Board to do more
than what was planned to do.
Mr.
McCollum stated this is a little different structure and had federal
allocation.
David
Martin addressed the Board to state the cost was approximately $900,000 over
the grant amount and that was split three ways between DOT, the County and
Winter Springs. The City’s
additional funding was based on a more decorative overpass than the other
possible selection.
Mr.
McCollum added these new overpasses will be built with the Second Generation
Sales Tax.
Commissioner
Van Der Weide stated it’s been pointed out to him that the overpasses are being
funded with sales tax money and it is under budget. He believes it is with Commissioner Carey’s insistence to
build more than one bridge at a time that brought it under budget. He said anytime they deal with the
cities, he has heart burn when they don’t work it out. He said upon further consideration,
even though he voted against this in the past, he is going to change his vote
and vote for the motion on the table.
He said he does think they need to work as much as possible with the
cities and other government entities to try to come up with something that
makes sense.
Commissioner
Carey said when she looked at the 2001 Generation Sales Tax, they have to
estimate for 10 years out, so $4 million is the estimate of the number to make
sure they have enough budgeted to cover.
She said Alternative 1 would not be in the budget if they had to acquire
any land, so if this were going to be a standard, all others would be over
budget. However, she understands
if there are funds left in sales tax, they would have more money to do more
trails, pedestrian overpasses and road projects. She said she is concerned that when they go to do the next
bridge and acquire right-of-way, they will not be under budget.
Commissioner
Morris thanked Mr. McCollum for building both bridges at the same time. He said for the money for the I-4 and
SR 434 bridge, the Commission talked to Congressman Mica and got it supported. They had three total bridges and in trying
to bring the District Commissioner along with the other four Commissioners, the
Board has accelerated the bridge over I-4 and Markham Woods. This is a planning process that the
present commission has done in the past.
He doesn’t think every project needs to be micro-managed. He thinks the Board is doing the right
thing. They have consistently
tried to build quality in this county.
These items were known by the voters. He said they are not going to have a shortfall. This particular project has been worked
on for seven years. They brought
in the cooperation of the City and School Board when, at first, it was over
their objections. They are seeking
the highest standards and they can do all those things when they have planned
appropriately.
Chairman
Henley said he thought they should have done Alternative 3, because it meets
the standard of safety. That was
what was put before the public.
There was nothing when they did the sales tax about aesthetics. He thinks the standing of the City has
shifted from safety to aesthetics.
He will never go for that from the standpoint of aesthetics only. He said he was going to vote against
this too. He had some
conversations with the City officials with regard to them taking over expenses
after that. He said he doesn’t
take well to ultimatums. It almost
forces him to vote against this because of the expressions heard. To refer, if it was quoted correctly,
to a $300,000 bridge as a chicken coop, he said you just simply don’t belittle
something like that. He doesn’t
care what the source of the money is.
In
Commissioner
Morris said the motion reflects a maintenance provision for both roofs. That would be the condition they would
move forward. He doesn’t think
they need to have an additional maintenance feature.
Districts
1, 2, 3 and 4 voted AYE.
Commissioner
Carey voted NAY.
Commissioner
Morris thanked Lake Mary Mayor Green, Deputy Mayor McClean and City Manager
Litton for coming today.
-------
Chairman
Henley recessed the meeting at 9:59 a.m. and reconvened it at 10:10 a.m.
-------
David
Gregory, Solid Waste Manager, addressed the Board to present request for
approval of an extraordinary rate adjustment for Republic Services, Waste
Management, Inc. and Waste Services of Florida for collection of
hurricane-generated waste; and approval of a Budget Amendment for same in the
amount of $399,656.
Mr.
Gregory advised FEMA has accepted the haulers’ requests and project worksheets
for the increase in tonage and are being processed. Only the incremental work beyond the regular pick up amount
is being recommended. He explained
this will not affect the solid waste collection rates.
Commissioner
Morris asked if all billings had been billed to FEMA, what percentage rate of
repayment are they at, and if additional action is needed with respect to
working with the federal representatives.
Mr.
Grace stated everyone across the State is frustrated with the slow
reimbursement process. He said
they may have to do more to see this through.
Ms.
Comings advised the County has billed approximately 90%; the bill was reduced
to about $46 million and the County has billed about $41 million, but only
received about $14 million. She
stated from the conversation she had last week, FEMA indicated there was some
backlog and, hopefully, they will see more funding in the next two weeks.
Mr.
Grace said he thinks the issue of that happened in
Motion by Commissioner Dallari, seconded by Commissioner Van Der
Weide, to approve the extraordinary rate adjustment requests to Republic
Services, Waste Management, Inc. and Waste Services of Florida for collection
of hurricane-generated waste; and adoption of Budget Amendment Resolution
#2005-R-141, as shown on page _______, in the amount of $399,656.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner
Morris reported regarding the discussion at the Budget work session about the
connector to the section where the Wekiva Trail drops off before it gets to the
Mr.
McCollum gave a PowerPoint presentation giving an update on the Seminole County
Trails Program. He showed slides
(copies received and filed in the staff report) and reviewed the following: Seminole County Trails Program Existing
and Funded Projects; Seminole Wekiva Trail; Cross Seminole Trail; Cross
Seminole Trail-Section 1; Cross Seminole Trail-Section 2; Cross Seminole
Trail-Section 3; Flagler Trail; Kewannee Trail; Other Special Areas; and
Funding.
Upon
inquiry by Commissioner Carey, Mr. McCollum advised the crossing at
Under
discussion of the trail going to the
With
regard to the Cross Seminole Trail, Commissioner Dallari said he thinks staff
should encourage some dialog with Orange County and generate a plan to see
about some funding in the future for the bridge across 426 and Howell Branch
Road.
Commissioner
Morris said the County did put in a request for some funding, but didn’t get
it. He referred back to the Wekiva
Trail and said the Cross Seminole Trail crosses the Florida Trail to
Commissioner
Carey said as a representative on the Wekiva Task Force, she thinks it is a
good idea to talk about that. She
said they have a meeting in September and should probably bring that up so
others don’t forget the County is trying to connect.
Commissioner
Morris discussed the trail going by the
Mr. McCollum stated any time they work with
open areas, they work with the Sheriff for enforcement.
Chairman
Henley stated he would hope so in the Big Tree area also since they are going
in with all the playground equipment for children.
Commissioner
Van Der Weide discussed that he has noticed in other states, when there is a
wide median like on SR 427, they put the trail right down the middle of the
medians.
Chairman
Henley said if they use the Ronald Reagan right-of-way, they could cut the cost
and speed the project up.
Commissioner
Morris advised in a meeting with City Manager Drago, there is a major problem
when they come to
Mr.
McCollum said that with regard to Section 3 of the trail, they originally
looked at coming down the Progress Energy Power easement. Under the current trail program, they
are putting in wider sidewalks to the library and to the schools. He discussed going to design and construction
and doing an 8’ sidewalk along
Commissioner
Morris said the alternative of acquiring the right-of-way would be shoe-horned
in and cause a little contention with the property owners.
Chairman
Henley asked staff to make sure to take into consideration the Soldiers Creek
Trailhead as they master plan the Five Points area.
Upon
inquiry by Commissioner Van Der Weide, Mr. McCollum said on all new projects,
they are trying to go with 8’ sidewalks especially around schools. He said with the project coming in at
Midway, they have been adamant about something much higher than 8’. Discussion continued.
-------
Melonie
Barrington, Traffic Engineer, addressed the Board to give a PowerPoint
presentation on the proposed Traffic Calming Program. Copy of the slide presentation was received and filed in the
staff report. Ms. Barrington introduced
Gary Carlin, Post Buckley Schuh & Jernigan.
Commissioner
Morris left the meeting at this time.
Gary
Carlin addressed the Board to cover the following topics: Introduction; Program Goals, Objectives
& Policies; Implementation Process Step One; Implementation Process Step
Two; and Traffic Calming Measures and Guidelines.
Commissioner
Van Der Weide said he likes the roundabout. He has seen a few of these and they do seem to work very
well. He wonders how much parking
they may end up losing.
Chairman
Henley said he thinks the citizens need to understand there are certain
standards that must be met before they are eligible for some of these devices.
Commissioner
Morris re-entered the meeting at this time.
Commissioner
Dallari said he did not see maintenance in the base line budget. Mr. Carlin answered him that
landscaping materials is included in the Other Construction budget line. Whereupon, Commissioner Dallari said
there should be something in for project landscaping. He is concerned they are giving folks the assumption that
maintenance will be assumed under that dollar figure.
Mr.
Carlin advised Commissioner Carey that the typical cost for these devices range
from $5,000 to $150,000.
Whereupon, Commissioner Carey said she doesn’t want people to think they
can come in and have five or six done a year. She said she is happy to hear there will be community
meetings and discussion.
Commissioner
Morris advised the City of Winter Springs has done a pretty aggressive program
in some of the more moderate neighborhoods; but the problem is that some of the
movements are too restricted. He
said you have to watch that because then you’re running over the curbs and
plants.
Mr.
McMillan advised the City of Winter Springs did file a plan challenge to the
plan amendments that implemented the Charter Amendment. They filed that to the Department of
Community Affairs (DCA). He
reported that yesterday, the County received dismissal of that action.
-------
Chairman
Henley recessed the meeting at 11:12 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk
Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at
the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide
to authorize filing the proofs of publication for this meeting's scheduled
public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
CHASE
GROVES PUD
Continuation
of a public hearing to consider Chase Groves PUD Major Amendment, Final Master
Plan approval, and DRI Notice of Proposed Change (NOPC) on approximately 5.4
acres located at the northeast corner of Casa Verde Boulevard and Old Lake Mary
Road, as described in the proof of publication, Tom Daly.
Jeff
Hopper, Planning, addressed the Board to present the request stating the
applicant is proposing 64 condominium units on Tract M of Chase Groves
PUD. The property is an
undeveloped parcel in the PUD originally approved in the late 1980’s. The property is currently designated for
commercial use. There will be
eight buildings on the site with a maximum height of 35 ft. and two
stories. The applicant is
proposing to designate 62 additional parking spaces. The proposed buffer adjacent to
Chairman
Henley stated it bothers him that a commitment is submitted to the Planning
& Zoning (P&Z) and it then changes significantly between that meeting
and now.
Upon
inquiry by Commissioner Dallari, Mr. Hopper advised to his knowledge the
changes don’t affect the site plan.
Mr.
Hopper referred to Page 3, Paragraph J and stated this item is in reference to
the applicant submitting past due annual reports for the DRI prior to Final
Engineering. He stated staff has
received all of the annual reports and they would like to strike that from the
draft developer’s commitment agreement.
Gifford
Anglim, Daly Design, addressed the Board to advise he is representing Centex
Homes. He stated he would like to
apologize for an error in the data regarding the minimum square footage on the
final master plan and this has been modified. He said a gentleman attending the P&Z meeting expressed
a desire for nothing to be on the side and it was modified on the final master
plan. An e-mail from Mr. Anglim
relating to the errors was received and filed.
Commissioner
Carey stated the problem she has is the applicant showed a minimum square
footage of 1,300 at the P&Z hearing as well as to her when he was in her
office.
David
Brown, representing Centex Homes, addressed the Board to inform Commissioner
Carey of how many units will be 1,776 and 1,036 sq. ft. Discussion ensued relative to the
square footage requirements and the average price of the homes.
Mike
Oliver, Centex Homes, addressed the Board to advise each building will have two
units at 1036 sq. ft., two will be 1,210 sq. ft., two will be 1,417 sq. ft.,
one 1,776 sq. ft. and one at 1,777 sq. ft. He stated all of the units will have one-car garages, two of
them will be two stories and the remainder will be one-story flats.
Commissioner
Carey stated she feels the applicant is trying to accommodate the community as
well as a good neighbor.
Commissioner
Morris stated he can understand the nature of this project in this
location. The medium home price is
$240,000 or more. He stated he
feels it is a reasonable project and he can vote for this project because of
the location.
Mr.
Anglim requested the Board to approve the request.
Discussion
ensued relating to the number of students this will generate and the impact of
water allocation.
No
one spoke in support or in opposition.
District
Commissioner Carey stated there is an existing brick wall and she has asked the
developer if they would be willing to match that existing wall. She stated staff needs to make sure
that they get the monitoring and modeling traffic study prior to issuance of
the building permits. She added a
variety of housing is needed in
Motion by Commissioner Carey, seconded by Commissioner Morris to
approve Major PUD Amendment, Final Master Plan and NOPC to Chase Groves PUD;
authorize Chairman to execute the Developer’s Commitment Agreement, as shown on
page ________, and Fourth Amended and Restated Development Order, as shown on
page ________, for General Sanford Estates (Chase Groves DRI), on approximately
5.4 acres located at the northeast corner of Casa Verde Blvd. and Old Lake Mary
Road, as described in the proof of publication, Tom Daly, with the changes as
identified and the issues she clarified in the development order.
Under
discussion, Commissioner Carey stated she has spoken to the Chase Grove
Homeowner’s Association and they are in support of the project.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan left the meeting at this time.
REZONE/Earl
Mike
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to C-3 (General Commercial
and Wholesale) for a 0.92 acre site located at 784 Arletta Street, Earl W.
Mike, received and filed.
Mr.
Hopper presented the request as outlined in the agenda memorandum. He stated the site could be sold as
Commercial if the rezone is approved.
He said issues, such as access, drainage, buffering and outdoor lighting
will be addressed during the site plan review subsequent to the rezoning. The site is adjacent to the City of
Earl
Mike, applicant, addressed the Board to state he has resided at the location
since 1994 and his intent is basically to see which way the wind will
blow.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey
to adopt Ordinance #2005-33, as shown on page ________, approving rezone from
A-1 (Agriculture) to C-3 (General Commercial and Wholesale) for a 0.92 acre
site located at 784 Arletta Street, as described in the proof of publication,
Earl W. Mike.
Districts
1, 2, 3, 4 and 5 voted AYE.
WALDEN
CHASE PUD
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request for Walden Chase PUD Major Amendment and Final Master Plan for
approximately 8.1 acres located on the south side of
Mr.
Hopper presented the request stating the applicant is proposing a 64-unit
townhouse at a maximum density of approximately 9.05 units per net buildable
acre. The subject property
received approval in March 2005 at a slightly higher density with a requirement
for a two-way road from the north and south to provide access between
Dan
Matthys, Planning & Development Director, addressed the Board to address
the following changes: Page 1,
Section 6 relating to building setbacks to the west should be 25 feet; Section
8d should read masonry wall instead of a PVC fence; Section 8g should read the
height of understory trees should be 8 ft. tall with 4 ft. to 5 ft. width to
the ground; and the following should be included in Section K, “Access to the
private road as outlined in the first amendment to the agreement for
development of the Palm Valley Drive property and granted easement dated June
30, 2005, as recorded in public records OR Book 05841, pages 112-136. A copy of the revisions were received
and filed.
Upon
inquiry by Commissioner Dallari, Tom Daly, applicant, addressed the Board to
advise he agrees with all the changes.
Tom
Daly stated this item was approved to change it to townhomes on March 22. Since then, they have been working
diligently with the Palm Valley Homeowners Association in order to try to come
up with a tri-party agreement. He
stated he is here to answer any questions the Board may have. He said the homeowners association has
signed off on this plan.
Chairman
Henley stated he has two Written Comment Forms (received and filed) from James
McConnell and Dorothy McGuire in favor of the request.
Donald
Hartwig,
T.J.
Levey,
Beth
Keifer,
Virginia
Hartwig,
Harold
Harris,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Dallari, seconded by Commissioner Carey to
approve the PUD Major Amendment and Final Master Plan; approval of the
Developer’s Commitment Agreement, as shown on page ________, for approximately
8.1 acres located on the south side of Park Road, 600 ft. east of Alafaya Trail,
as described in the proof of publication, Tom Daly; and approval of the
Development Order, as shown on page _______, including changes presented by
staff.
Under
discussion, Commissioner Dallari stated he would like to say that this has been
an interesting project and he has enjoyed working with the developer and the
citizens in
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
-------
Upon
inquiry by Chairman Henley, the Board advised that they received a copy of the
letter from Congressman John Mica relative to awards to this district on the
6-year transportation authorization bill.
-------
Chairman
Henley stated he received a request from Jake Stewart, MyRegion.org, asking the
Board to appoint a representative from
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide
to appoint Commissioner Carey as a representative from
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey stated she will be unable to attend this Friday’s meeting.
Commissioner
Morris stated he will include in the
motion to make the
appointment effective date as of September 1, 2005.
The
Board had no objections.
Commissioner
Morris stated Sally Sherman has been serving as the liaison for that Board.
-------
Chairman
Henley submitted an e-mail and copies of photographs (received and filed) from
B.L. Rainey relating to code violations in his neighborhood. He stated he doesn’t know if any of the
Board members have received any complaints about this and he wants them to see
the pictures that he has. He said
this is a daily event and the Code Enforcement officer for that area indicated
that it is not a violation in their code.
-------
Chairman
Henley advised that the sidewalk work on
-------
Chairman
Henley stated at the last meeting the Board tabled a motion of the Chairman’s
recommendation for compensation for County Attorney Robert McMillan. He stated his recommendation is
still the same with a 5% increase for the budget year coming up and no
compensation for the second year.
Commissioner
Carey stated she would like to offer an alternative motion. She said the attorney’s position is
at-will and by doing a 2005 increase and saying they will not do anything for
2006, she feels that they are indicating they are in a two-year contract. She added since the employees are being
offered a 4% increase, she would like to consider a one year of 4% and be
silent to the 2006 year at this time.
She stated she would not be supporting the motion that is currently on
the floor.
Chairman
Henley stated the motion on the floor is for a 5% increase effective on the
anniversary date and with no increase the second year, assuming he is still
with the County.
Motion by
Commissioner Van Der Weide to call the question.
District 3 voted AYE.
Commissioners Dallari,
Morris, Henley and Carey voting NAY, whereupon the motion died for lack of a
second.
Commissioner
Carey stated she wouldn’t be in favor of anything over 4%.
Chairman
Henley stated the Board has already tentatively agreed to 5% for the Supervisor
of Elections and significantly higher than 5% for the Sheriff’s budget.
Commissioner
Carey reviewed the
Mr. McMillan stated he had suggested 3% for
the prior years and he didn’t want anything more than what they budgeted for
County employees. He stated it
wasn’t a reflection on his performance but at his request. He said he told the Chairman that if
the Board would go to 5%, he would waive the increase for next year. He explained he is planning to go into
the DROP program at the end of the year and this would be worth more to him
this year.
Commissioner
Morris stated he does think there is a valid point of a two-year concern. He said Mr. McMillan is a contracted
professional employee and his contract can end without cause under the
provision to pay off. He stated 4%
is something the Board may think through and next year they can do another
motion.
Commissioner
Van Der Weide stated there is nothing controversial about this and he supports
the Chairman on this.
Commissioner
Morris stated he supports the Chairman in his own way.
Commissioner
Carey stated the maximum they have to offer the County employees is 4% and she
wouldn’t want to see anything more.
Commissioner
Morris withdrew his second to the original motion.
Commissioner
Van Der Weide withdrew his original motion.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari
to approve the Chairman’s recommendation for a 5% increase in compensation to
County Attorney Robert McMillan, for this budget year with no increase in the
second year.
Under
discussion, Commissioner Dallari stated the issue he has with the motion is he
thinks they should be looking at it from a perspective as they have a contract
with the
Commissioner
Carey stated there is no contract with the
Mr.
McMillan clarified he does have a contract with the Board. It is a continuous contract and it
calls for an annual review.
Commissioner
Carey stated she hasn’t seen a contract.
She stated she has seen previous information about his goals and
objectives and they are almost verbatim from previous years. She added that he should have been a
“team player” and proactive all along.
Mr.
McMillan stated prior to 1994, the County Attorney worked for the County
Manager and he doesn’t think he has ever heard his involvement in the
organization being described as not being a team player.
Commissioner
Morris stated he believes this is inappropriate. The concept of the Board is sitting here in a public meeting
where the
Commissioner
Carey stated she thinks compensation is tied to evaluation, therefore, she will
not be supporting the motion.
Districts
1, 3, and 4 voted AYE.
Commissioners
Morris and Carey voted NAY.
The following Communications and/or Reports
were received and filed:
1.
Letter dated
7/27/05 to BCC from Sherry Fincher, Executive Director-Meals on Wheels, re:
Appreciation for $20,000 for back-up generator.
2.
Memorandum
dated 7/29/05 to BCC and Kevin Grace, Co. Manager, (with attachment) from Lenor
Bromberg, Engineer/Special Projects, re: Cross Seminole Trail Interstate 4 pedestrian
bridge signing and lighting enhancement.
3.
Memorandum
dated 7/29/05 to BCC and Kevin Grace, Co. Manager, (with attachment) from
Patricia Comings, Budget Manager, re: Information for Budget Work Session.
4.
Memorandum
dated 7/21/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re:
Capital Project Fund transfer for CR 46A Phase II.
5.
Memorandum
dated 7/15/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from
Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co.
Records.
6.
Memorandum
dated 7/29/05 to Sandy McCann, Supervisor-Co. Commission Records Office, from
Becky Noggle, Sr. Coordinator-Environmental Services, re: Submission into Co.
Records.
7.
Letter dated
7/20/05 to Chairman Henley from Linda Watson, Chief Executive Office-LYNX, re:
FY 2004 Medicaid Funding.
(cc: BCC, Co. Manager,
Deputy Co. Managers, Co. Attorney, Transportation Planner)
8.
Letter dated
7/21/05 to BCC from John Hillenmeyer, President/CEO-Orlando Regional
Healthcare, re: Designation of Employer of Choice.
9.
Letter dated
7/27/05 to BCC from Gloria Wade, Animal Welfare Alliance of Central
10.
Memorandum
dated 7/27/05 to BCC (with attachment) from Frank Raymond, Fleet Manager, re:
24-hour vehicle assignments.
11.
Letter dated
7/26/05 to Chairman (with attachment) from Peter Newman, Director, Office of
Facilities Planning-University of Central
12.
Memorandum
dated 7/25/05 to Commissioner Carey (with attachment) from Patti Michel,
Community Information, re: Listing of promotional items purchased by
13.
Letter dated
7/25/05 to BCC (with attachment) from Diane Pickett Culpepper, Bright House,
re: Expanding of Favorites on Demand service.
14.
Copy of
memorandum dated 7/26/05 to Gary Johnson, Public Works Director (with
attachment) from Commissioner Dallari, District 1, re: Commendation of employees from Oviedo
Citizens in Action committee.
(cc: BCC, Co. Manager,
Deputy Co. Managers)
15.
Copy of
petitions, as shown on page ________, to Seminole Co. re: Opposition to
rezoning on Lake Charm Landing.
16.
Letter dated
7/20/05 to BCC (with attachment) from Michael Napier, Administrator-Health
Department, re: FY 2004/05 3rd quarter report.
17.
Contract, as
shown on page ________, for services between Seminole Co. and the
following: Larry Sprick (Umpire
Soft Ball Slow Pitch); Terry Stuhr (Umpire Soft Ball Slow Pitch); and Greg
Reynolds (Umpire Soft Ball Slow Pitch).
18.
Copy of letter
dated 8/3/05 to Commissioner Carey from Brett Jordan, Agent for the
Board-Carisbrooke Community Association, re: Request for reclaimed water. (cc: BCC, Co. Manager, Deputy Co. Managers, Environmental Services
Director)
19.
Letter dated
8/2/05 to Property Owners from John Litton, City Manager-City of
20.
Letter dated
8/4/05 to Chairman from John Litton, City Manager-City of
21.
Letter dated
8/1/05 to BCC (with attachment) from Reverend John Murphy, Executive
Director-Harvest Time International, re: Support for expansion of
facilities.
22.
Letter dated
8/2/05 to Chairman from Brindley Pieters, President-Private Business
Association of Seminole, re: Support for the Central Florida Commuter Rail
Transit program. (cc: BCC, Co. Manager, Deputy Co. Managers,
Public Works Director)
23.
Letter dated
8/1/05 to BCC from Harold Barley, Executive Director-Metroplan, re: Support of
the
24.
Memorandum
dated 7/31/05 to BCC and Kevin Grace, Co. Manager from Stephen Linda,
President-Seminole Co. Youth Hockey Foundation Inc., re: Update on the Roller
Hockey Rink at
25.
Letter dated
7/29/05 to BCC (with attachments) from John Saboor, Executive Director, and
Doug Barclay, Seminole Co. Marketing Manager-Central
26.
Letter dated
7/29/05 to Chairman (with attachment) from Ray Valdes, Seminole Co. Tax
Collector, re: Proposed Summary of 2005/06 Budget.
27.
Memorandum
dated 8/1/05 to Commissioner Carey (with attachment) from Chief Penny Fleming,
Administrative Services-Seminole Co. Sheriff’s Office, re: Additional budget
information.
28.
Contract, as
shown on page ________, for services between Seminole Co. Government and
Jonathan Farsaci (Slow Pitch Soft Ball Field Supervisor).
DISTRICT
COMMISSIONERS’ REPORT
Commissioner
Carey stated she would like the Board to be aware of the Golden Lyre Awards
scheduled for Saturday, August 20, 2005 at 6:00 p.m. at the Helen Stairs
Theatre.
-------
Commissioner
Carey informed the Board that the Seminole Soil and Water Conservation District
is having a river clean-up at the St. John’s/Lake Monroe area on Sunday, August
21, 2005 at 4:00 p.m. She stated
if anyone would like to join them, they can contact Michelle Thatcher at
407-321-8212.
-------
Commissioner
Carey stated the Central Florida Zoo is having their annual Black Tie on the
Wild Side at the Lake Mary Marriott on August 27, 2005 at 6:30 p.m. She stated she has some raffle tickets
as well.
-------
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide
to appoint Jeff Triplett, City of
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner Dallari, seconded by Commissioner Carey to
appoint Tom Boyko, District 1; Richard Harris, At Large; and Jane Hammontree,
City of
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Dallari stated he knows that in the year 2008 the Federal Government will be
reducing the type of refrigerant in HVAC equipment that can be used and he
would like to know if the County has a Refrigeration Migration Plan.
Mr.
Grace stated he will check that out and get back to the Board on that.
-------
Commissioner
Dallari stated he would like staff to check on the County logo.
Mr.
Grace stated staff has been reviewing that with the Department Directors and
they will be bringing that back to the Board at a later date.
-------
Commissioner
Dallari stated he has had discussions with Jim Weinberg relative to Beef
O-Brady’s restaurant about the impact fees for water and sewer, and he would
like for him to address his issues with the Board. He stated the type of restaurant that was built does not
have the amount of water that a typical restaurant uses and the impact fees are
quite high for a restaurant that doesn’t use all of those types of
facilities. He said he would like
to know if there is any avenue he can do to appeal the impact fees.
Mr.
McMillan stated he understood that there are alternative calculations for water
and sewer impact fees and how they are dealing with those.
Commissioner
Van Der Weide stated if you look at the law, the County can adjust it up based
on the usage, but there isn’t anything in there that if the use has changed to
where they are not using the amount that they had, the County can adjust that.
Mr.
McMillan stated the alternative calculation is something they have been
discussing for a while.
Sally
Sherman, Deputy County Manager, addressed the Board to advised she has met with
Mr. Weinberg and they took a look at the issue. She stated what Mr. Weinberg is asking for, there are no
provisions in the ordinance at this time.
The fee structure that is in place is the original fee structure that
was adopted in the early 1980’s.
She said she is planning to review the ordinance further and then come
back to the Board with a complete overview. The fee structure is tied to a CUP and staff wants to take a
comprehensive look.
Mr.
McMillan stated they have to tie up a certain capacity based on the use by
virtue of DEP regulations and that is the impact on the system whether or not
the restaurant uses more or less.
The impact on the capital construction is whatever the gallons per day
is and that locks up the plan capacity.
Commissioner
Dallari stated the Code does say that alternate calculation methods will be
reviewed and it is silent about that and it should be addressed. Discussion ensued.
Mr.
McMillan stated he believes that Ms. Sherman is working on revisions with the
Environmental Services staff.
Commissioner
Morris stated the more appropriate thing is he hopes the Board is not going to
turn this into a review theater for complaints about the Code. The idea is to have staff review
this. Also, the District
Commissioner can get together with Mr. Weinberg and then make a recommendation
to the Board.
Commissioner
Dallari stated he would like staff to address that and then report back to the
Board.
-------
Commissioner
Dallari stated staff did a wonderful job on the budget process, but the one
thing that was not in it was the Seminole Soil & Water Conservation
District’s budget.
Mr.
Grace stated he noticed that the other day and he will get back to the Board on
that.
-------
Commissioner
Dallari stated there has been a lot of art being placed on the first floor of
the
-------
Motion by Commissioner Morris, seconded by Commissioner Dallari to
appoint John Horan, City of Winter Springs; and Linda Dietz, District 2, to the
Charter Review Commission.
Under
discussion, Commissioner Morris stated he will have his third (at-large)
appointment at the next meeting.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Morris stated he had a great honor of being the commencement speaker to the UCF
graduates on August 6, 2005. He
stated it was a great experience.
-------
Commissioner
Morris announced that the Orange County Commission approved 5-1 a resolution
for light rail after three hours of debate and public comment. He stated Commissioner Bob Sindler was
the one who voted against the resolution.
-------
Commissioner
Morris stated he and Commissioner Carey had a meeting in the conference room
regarding the Eugene Gregory memorial.
He stated that meeting had a very quick and positive resolution and they
are going to try to work with the community and bring back something to the
Board.
-------
Commissioner
Morris stated he would like to congratulate Commissioner Dallari for
eliminating the paper agenda packet and replacing it with his laptop computer.
-------
Commissioner
Morris stated at the last meeting he asked for a report on canopy roads and he
has not seen it to date.
Don
Fisher, Deputy County Manager, addressed the Board to advise he doesn’t have a
date to report back, but he has met with Gary Johnson, Public Works Director,
to see if he can get the Public Works staff and Planning staff together. He stated he will meet with each Board
member to brief them on the recommendations.
-------
Commissioner
Van Der Weide stated he has visited the Public Works Department and he is very
impressed with staff’s cooperation with the work being done in the Little
Wekiva water basin.
COMMITTEE
REPORTS
No
report.
Mr.
Grace stated at the last meeting, the Board indicated they are interested in doing
a library survey by using Barcelo and Associates. The cost is $18,000 and what he would like to do is get with
each member to review the agreement and the scope that is being discussed.
-------
Mr.
Grace stated staff is trying to get together the many information requests that
came out of the budget work sessions last week. He stated other major issues will be presented to the Board
at the next meeting.
-------
There
being no further business to come before the Board, the Chairman declared the meeting
adjourned at 3:05 p.m., this same date.
ATTEST______________________Clerk_____________________Chairman
cc/er