BOARD OF
SEPTEMBER
13, 2005
The following is a
non-verbatim transcript of the BOARD OF
COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, September 13, 2005,
in the SEMINOLE COUNTY SERVICES
BUILDING at
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 Sandy McCann
Pastor David Knox, Christ Episcopal Church, Longwood, gave the Invocation.
Commissioner Dick Van
Der Weide led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Morris,
seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-152, as
shown on page _______, honoring Terry L. Schenk, Fire Chief, Seminole County
Department of Public Safety, EMS/Fire/Rescue Division for his 30 years of
dedicated service to the citizens of
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was
presented to Chief Schenk, who addressed the Board to express his appreciation
to his family, the Board and fellow staff members.
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Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-153, as shown on page _______, proclaiming the month of September as “Leukemia & Lymphoma Awareness Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Maria Avenciano who addressed the Board to express her appreciation and to advise of scheduled fund-raising events.
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Bill Avery,
representing Hospice of the Comforter, addressed the Board to express
appreciation and thanks to the employees of Seminole County Government for
choosing Hospice as their charity of choice for 2005. He advised the employees have generated nearly $16,000 towards
their new 16-bed in-patient Hospice House located in
With regard to Item #35, Commissioner Carey stated in the future, she wants staff to be sure to thoroughly review requested vacates for plats so that needed right-of-way is not also vacated.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the following:
5. Approve and authorize Board to grant authority to J. Dennis
Westrick, P.E. to execute St. Johns River Water Management District’s (SJRWMD)
Agreement for cost sharing funds to support the County’s Greenwood Lakes
Reclaimed Water System Improvement project.
Business Office
6. Approve release of original Water and Sewer Maintenance Bond
#700-81-22-5683 (Wal-Mart Stores East, LP) in the amount of $9,405.23 for water
and sewer for the
7. Approve release of original Water and Sewer Maintenance Agreement with Letter of Credit #P001539 in the amount of $16,826.39 for water and sewer for the Astor Farms Ph. 3 project.
MSBU
22. Adopt appropriate Resolution #2005-R-159, as shown on page _______, authorizing the Solid Waste Collection and Disposal assessments billed on an installment schedule and to establish the respective lien provisions for such assessments.
Districts 1, 2, 3, 4
and 5 voted AYE.
Upon inquiry by Commissioner Van Der Weide, Attorney McMillan advised the County has an agreement with the State Attorney’s Office to prosecute violators. He also advised the Sheriff’s Office will be providing a map showing the restricted areas.
Commissioner Morris stated he agrees with the intent of the ordinance and believes it is the right way to go. However, he has concerns with the term “traveling” because a car or bus driving by a restricted area would be considered a violation.
Chief Deputy Steve Harriett, Sheriff’s Office, addressed the Board to explain the traveling aspect has to do with the ability of law enforcement to conduct an investigation as to why an individual is traversing in an area. He added an individual will only be arrested if they are unable to explain why they are in the area.
Upon inquiry by Commissioner Carey, Chief Harriett advised there are some exceptions that allow people to be in areas legally and it is incumbent on the officer to conduct an investigation as to why they are there.
Commissioner Morris requested a briefing on the proposed ordinance.
Chairman Henley stated the Mayors and Managers have encouraged the BCC to move forward on this ordinance.
Motion by Commissioner Carey,
seconded by Commissioner Morris to approve and authorize the following:
Property Acquisition
41. Authorize a Binding Written
Offer/Offer of Judgment relating to Parcel Number 151 of the
42. Adoption of Fifth Amended
Resolution of Necessity #2005-R-163, as shown on page _______, relating
to the Bunnell Road improvement project (from west of Eden Park Road to West
Towne Parkway).
Litigation
43. Approve and execute Subordination of Utility Interest Agreement, as shown on page _______, relating to Parcel Numbers 121/721 of the Lake Drive road improvement project, between the County and Florida Power Corporation d/b/a/ Progress Energy of Florida, Inc.
44. Approve and execute
Subordination of Utility Interest Agreement, as shown on page _______, relating
to Parcel Numbers 101 and 109 of the Eden Park Avenue road improvement project.
Other
45. Authorization to advertise the proposed sexual predator ordinance for public hearing on September 27, 2005.
Districts 1, 2, 3, 4
and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
CLERK’S REPORT
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve and authorize the following:
46. Expenditure Approval Lists, as shown on page _______, dated August 8, 15, 22, 2005; and Payroll Approval List, as shown on page _______, dated August 11, 2005.
47. Approval of Official BCC Minutes dated August 9, 2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for
information only, the following Clerk’s “received & filed”:
1. Memorandum to Administrative Assistants,
BCC Chairman & Commissioners from Kathy Moore, MSBU Program Manager,
regarding notice of proposed non-ad valorem assessments.
2. Amendment #2, as shown on page _______,
to Work Order #53, PS-556-00, DCR Engineering Services, Inc.
3. Memorandum to Sandy McCann, Supervisor,
County Commission Records, from Denes Balo, Director, Clerk’s Finance,
transmitting FY 2005/2006 Budget.
4. Letter to Maryanne Morse, Clerk of the
Circuit Court, from Sarah M. Mijares, City Clerk, City of
5. Certified Tennis Pro Agreement, as shown
on page _______, dated August 4, 2005, with Pysan Yenchai.
6. Memorandum to BCC from Kevin Grace,
7. Basic Contract #M-175-00, as shown on
page _______, with DeBeaubien, Knight, Simmons, Mantzaris & Neal, LLP.
8. Work Order #2, as shown on page _______,
to M-485-05, IMS Infrastructure Management Services.
9. Work Order #21, as shown on page _______,
to RFP-4173-02, American Acquisition Title, Inc.
10. Term Contract
IFB-3122-05, as shown on page _______, Engineered Castings.
11. First Amendment, as
shown on page _______, to RFP-4249-05, Petroleum Equipment Construction.
12. Term Contract
IFB-3121-05, as shown on page _______, Control Technologies of Central Florida,
Inc.
13. Term Contract
IFB-3118-05, as shown on page ________, Awnclean USA, Inc.
14. Amendment #1, as
shown on page _______, to Work Order #11, PS-585-01, Bentley Architects &
Engineers, Inc.
15. Basic Contract
#M-499-05, as shown on page _______, with CPH Engineers, Inc.
16. Letters to Maryanne
Morse, Clerk of the Circuit Court, from Thelma McPherson, Casselberry City
Clerk, regarding Annexation Ordinances 05-1163, 05-1166 and 05-1167.
17. Amendment #1, as
shown on page _______, to Work Order #4 to PS-5144-03, PEC, Inc.
18. Amendment #2, as
shown on page _______, to Work Order #3 to PS-5143-03, PEC, Inc.
19. Change Order #2, as
shown on page _______, to Work Order #1 to CC-1252-04, Parthenon Construction
Co.
20. Change Order #1, as
shown on page _______, to Work Order #2 to CC-1252-03, Parthenon Construction
Co.
21. Audit of the
Tourist Development Trust Fund.
22. Work Order #3, as
shown on page _______, to PS-5139-03, Inwood Consulting Engineers.
23. Memorandum to Sandy
McCann from BeJay Harbin, Development Review, submitting the following: Maintenance Bond, as shown on page
______, in the amount of $2,786.50 for
Red Bug Village, Lot 2; Maintenance Bond, as shown on page _______, in
the amount of $8,804.50 for River Run Townhomes; Maintenance Agreement, as
shown on page _______, and Letter of Credit #FGAC-05210, as shown on page
_______, in the amount of $5,082.30 for Estates @ Wekiva, Phase 2; Maintenance
Bond, as shown on page _______, in the amount of $17,470.80 for Lake Mary
Professional Campus; Maintenance Agreement, as shown on page _______, and
Letter of Credit #78531562 in the amount of $5,099 for Magnolia Pointe; and
Performance Bond, as shown on page _______, in the amount of $67,309 for
SprintCom, Inc.
24. Bill of Sale, as
shown on page _______, for Magnolia Pointe.
25. Satisfactions of
Connection Fees, as shown on page _______, for the projects known as Lake Mary
Collections, RBC Bank; Colonial Town Park Building 500; and Big Ten Tire.
26. Utility Agreement,
as shown on page _______, for Sewer Service with Pollo Operations, Inc.
27. Letters of
acceptance, as shown on page ________, of water and sewer systems and Bills of
Sale for the projects known as
28. Conditional Utility
Agreements, as shown on page _______, for Water and Sewer Service with The Rock
of Central Florida, Inc.
29. Conditional Utility
Agreements, as shown on page _______, for Water and Sewer Service with
Realvest-Monroe CommerCenter III, LLC.
30. Letter of
acceptance, as shown on page _______, of water and sewer systems, Bill of Sale
and Warranty Deed for the project known as River Run Townhomes.
31. Letter of
acceptance, as shown on page _______, of water and sewer systems and Bill of
Sale for the project known as Estates @ Wekiva Park, Phase 2.
32. Development Orders,
as shown on page _______, for the following: Florida Conference of Seventh Day Adventist, 505 Markham
Woods Road; Bryan Fenner, 105 Dublin Drive; James Brown, 2435 W. Lake Brantley
Drive; Sagewood Properties, LLC, 3180 Foxwood Drive; Kathleen Prossen, 1698
Kingston Road; Steven Nelson, 3411 Dawn Court; Robert Wilson, 116 Sweetbriar;
Raymond Khoshnou, 140 Fernwood Boulevard; Luis & Damaris Delgado, Marker
St., Lot 9; Buckingham-Lake Mary LP, 2499 Northumbria Dr.; and Jonathon
Fillmon, Snow Queen Dr., Lot 1.
33. Work Order #5, as
shown on page _______, to PS-5152-03, Boyle Engineering Corporation.
34. Work Order #1, as
shown on page _______, to PS-5185-05, Boyle Engineering Corporation.
35. Administrative Code
and Policy Manual, August 2005, as shown on page _______.
36. Term Contract
IFB-3117-05, as shown on page _______, with Shelley’s Environmental Systems.
37. Budget Amendment
Resolution #2005-R-142, as shown on page _______, in the amount of $10,000
adopted by the BCC on June 14, 2005.
38. Budget Amendment
Resolution #2005-R-143, as shown on page _______, in the amount of $23,000
adopted by the BCC on July 26, 2005.
39. Work Order #10, as
shown on page _______, to CC-1252-04, Parthenon Construction Co.
40. Work Orders #8 and
#9, as shown on page _______, to CC-1262-05, Schuller Contractors.
41. Work Order #3, as
shown on page _______, to RFP-4215-04, Clayton Roper & Marshall, Inc.
42. First Amendment to
PS-552-00, as shown on page ________, Earth Tech Consulting, Inc.
43. Non-certified
Tennis Pro Agreement, as shown on page _______, with Emily Haylock dated August
15, 2005.
44. Work Order #1, as
shown on page _______, to PS-5163-04, Inwood Consulting Engineers.
45. Work Order #38, as
shown on page _______, to PS-5130-02, Nodarse and Associates, Inc.
46. Work Order #2, as
shown on page _______, to RFP-4240-05, Florida Physicians Medical Group dba
Newman Family Medical.
47. Certificate of
Final Completion, as shown on page ________, for CC-1222, Work Order #13, with
Central Florida Environmental Corp.
48. Memorandum to
Michael Arnold, Roads/Stormwater Manager, from Assistant County Attorney Henry
Brown, regarding Direct Pay Request,
49. Memorandums to
Jerry McCollum, County Engineer, from Assistant County Attorney Al Schwarz
regarding Direct Pay Request, Seminole County v. Suero, et al.
50. Work Order #14, as
shown on page ______, to RFP-4214-04, Site Secure, Inc.
51. Work Order #2, as
shown on page _______, to PS-5177-05, Professional Engineering Consultants.
52. Work Order #15, as
shown on page _______, to PS-566-00, Professional Service Industries, Inc.
53. Work Orders #3 and
#5, as shown on page _______, to RFP-4240-05, Florida Physicians Medical Group
dba Newman Family Medical.
54. Work Order #15, as
shown on page _______, to PS-5166-04, Starmer Ranaldi Planning and
Architecture.
55. Addendum Agreement,
as shown on page _______, between BellSouth and
56. Certificates of
Final Completion, as shown on page _______, for Work Order #3 and Work Order #9
to CC-1252-04, Stage Door II, Inc.
57. Change Order #1, as
shown on page _______, to CC-1243-04, John Carlo, Inc.
58. Change Order #1, as
shown on page _______, to CC-1221-03, AB/WCG.
59. Amendment #1, as
shown on page _______, to Work Order #69 for PS-590-01, TEI Engineers and
Planners.
60. Amendment #1, as
shown on page ______, to Work Order #9 for PS-5165-04, HDR Engineering, Inc.
61. Work Order #4, as
shown on page _______, to RFP-4108-01, ZHA, Incorporated.
62. Change Order #1, as
shown on page _______, to CC-1232-04, Central Florida Environmental Corp.
63. Memorandum to
County Engineer Jerry McCollum from Assistant County Attorney Henry Brown
regarding Direct Pay Request, Seminole County v. Veigle, et al.
64. Work Order #41, as
shown on page _______, to PS-5129-02, Southeastern Surveying & Mapping.
65. Administrative
Order, as shown on page _______, for Jambarco, LLC, for the project known as
ABC at Oviedo Marketplace.
66. Customer
Agreements, as shown on page
_______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution,
Delivery and Spray Easement for the project known as Legacy Academy-LMC, LLC.
67. Utility Agreement,
as shown on page _______, for Sewer Service with Panda Restaurant Group.
68. Conditional Utility
Agreements, as shown on page _______, for Water and Sewer Service with Stephen
& Wanda Ratcliff.
69. Satisfaction of
Connection Fees, as shown on page _______, for the following projects: NW Oregon PUD Carriage Homes @ Dunwoody
Commons,
70. Customer
Agreements, as shown on page ________, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement for the project known as
Primera Commons, Lot 4.
71. Utility Agreement,
as shown on page _______, for Sewer Service with NAP Seminole Marketplace, LLC.
72. Letter of
acceptance and Bill of Sale, as shown on page _______, for the project known as
Talman Mews, Phase 1.
73. Amendment #1, as
shown on page _______, to Work Order #18 to PS-5116-02, Keith and Schnars.
74. Bids as
follows: #2121-05; IFB-3124-05;
RFP-4255-05; CC-1269-05; PS-5192-05; CC-1267-05; and CC-1270-05.
REGULAR AGENDA
Linda Eiland, Risk
Management, addressed the Board to request authorization to renew the County’s
Workers’ Compensation and Property & Liability Insurance.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Dallari to authorize the Chairman to execute
Agreements, as shown on page _______, for renewal of the County’s Workers’
Compensation and Property & Liability Insurance, effective October 1,
2005.
Districts 1, 2, 3, 4
and 5 voted AYE.
Mr. Grace advised the
discussion regarding the Sanford Memorial Stadium contract with the City of
LEGISLATIVE UPDATE
The Board voiced no objections to using the “business card” voting procedure for the selection of the
federal lobbyist at this afternoon’s meeting.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Morris
advised that the Seminole County Bar Association Legal Aid Society will be
conducting, in conjunction with
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Commissioner Morris announced that there will be a joint meeting between MPO and LYNX.
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Commissioner Van Der
Weide requested the
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Commissioner Henley thanked staff for sidewalk work going on in his district.
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Commissioner Henley
advised he attended the “Honoring Heroes Day” ceremony and dedication on
September 11 which was sponsored by the City of
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Commissioner Van Der
Weide also requested the
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Commissioner Carey
advised she attended the Seminole County Chamber of Commerce Industry
Recognition luncheon on September 7, which recognized businesses and industries
in
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Commissioner Carey thanked staff for the time they have met with her on two major drainage issues in her district. She added that she will be bringing to the Board some solutions to these problems.
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Commissioner Carey also
commended the City of
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Commissioner Dallari
agreed that the City of
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Motion by Commissioner Dallari, seconded by Commissioner Morris to adopt appropriate Resolution #2005-R-171, as shown on page _______, commending Steve Henken for his services on the Swimming Pool Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari
requested staff to review the current mileage rate and come back with an
appropriate figure per mile for reimbursement. Mr. Grace advised he will review same.
COMMITTEE REPORTS
Chairman Henley briefly reported on Envision Seminole and their discussions they had at their recent strategic planning meeting.
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Chairman Henley advised that the City/County Advisory Committee will be meeting on Thursday of this week.
Commissioner Morris
advised he will be in
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Commissioner Carey said
she has asked the Chairman to review the Committee list and how those are
shared between Commissioners.
CHAIRMAN’S REPORT
Chairman Henley advised of letter from Tax Collector, Ray Valdes, regarding the tax roll. Copy of letter was received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize extension of the 2005 Tax Roll prior to the completion of the Value Adjustment Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Henley advised of a letter from Gary Earl, President/CEO of Workforce Central Florida, transmitting a candidate for appointment to the Workforce Central Florida Board of Directors. Copy of letter was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Carey to appoint Craig Wojcik to the Workforce Central Florida Board of Directors.
Districts 1, 2, 3, 4
and 5 voted AYE.
Commissioner Carey stated many companies are allowing employees to cash in a day of vacation for donation funds.
Commissioner Dallari stated he would support the County adopting another county in the gulf-coast area. He said he believes the Sheriff is working with one of the sheriff departments and he suggested staff look at possibility adopting that county.
DCM, Sally Sherman,
stated they are looking at
Mr. Grace advised the food
drive is targeted to provide food to the Salvation Army, Second Harvest Food
Bank, Harvest Time International, and the
Commissioner Morris
stated that
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Mr. Grace requested direction with regard to the salary adjustment plan.
Commissioner Dallari proposed putting in an additional 1% pay increase for pay bands 1 through 4. This increase would be a one-time only increase for next year.
Mr. Grace advised the cost to do that would be $580,000 across all funds and would not include the firefighters.
Commissioner Carey stated she is not comfortable with pulling something out of the air.
Commissioner Dallari
stated he is only looking to do this for this coming year.
DISTRICT COMMISSIONERS’ REPORTS, CONTINUED
Commissioner Morris stated it doesn’t appear that the transit shelter contract approved in 2003 is being monitored by staff. He said since that time only 17 shelters have been installed and most of them have been in the city limits. He requested staff to review this and meet with the contractor to find out what is going on.
Mr. Grace stated he will bring this back as a briefing item and have the company in attendance to discuss same.
Commissioner Dallari requested a copy of the contract.
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The Chairman recessed
the meeting at 10:55 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Sandy
McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the
Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der
Weide, seconded by Commissioner Dallari to authorize filing the proofs of
publication for this meeting's scheduled public hearings.
Districts 1, 2, 3, 4
and 5 voted AYE.
PUBLIC HEARINGS
LARGE
Michael Holbrook (Continued)
Continuation of a
public hearing to consider request for a Large Scale Land Use Amendment from
Low Density Residential (LDR) to Medium Density Residential (MDR) on 23.48
acres located on the north side of Slavia Road, 0.3 miles east of Red Bug Lake
Road, as described in the proof of publication, as shown on page ________,
Michael Holbrook.
Jeff Hopper, Planning,
addressed the Board to state the proposed land use amendment would permit
residential development at a maximum density of 10 dwelling units per net
buildable acre. The applicant
intends to construct townhouses on the property, but has not submitted a rezone
application. According to the
Future Land Use Map, the property is entirely in the Conservation Overlay,
indicating the presence of wetlands and/or flood prone areas on the site. Since the County can only approve
development above the 100-year flood elevation, it is likely that there will be
substantial restrictions to development of the site. The applicant is aware of the potential restrictions and
wishes to move forward with the requested future land use amendment. The applicant will need to provide
adequate technical information supported by staff to indicate that at least
some areas are above the flood elevation.
Staff recommends approval to transit to the Department of Community
Affairs (DCA) for review, noting that final adoption would require additional
engineering data being provided at that time.
Upon inquiry by
Chairman Henley, Mr. Hopper advised the applicant is intending to submit a
rezoning application in the coming months. The main issue is to obtain that engineering data as part of
the application so the Board will have it at the time of adoption.
Ray Braddick, President
of Bowyer Singleton, addressed the Board to state he concurs with staff
comments. He explained the reason
they want to move forward with the land use is because of the cycling of the land
use. Bear Gully Creek runs along
the northwest corner of the property.
Years ago, the County had a 100-year flood study for the creek and
improvements were done along that area.
Unfortunately, that study was not submitted to FEMA and the 100-year
flood elevation was never adopted.
They will bring that study up to date and then process it through the
County and FEMA to establish that elevation. The time schedule affected them in this process, so by
transmitting the land use, it would give them time to do that study prior to the
Board adopting the land use.
No one spoke in support
or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to transmit to the DCA, request for a
Large Scale Land Use Amendment from Low Density Residential (LDR) to Medium
Density Residential (MDR) on 23.48 acres located on the north side of
Districts 1, 2, 3, 4
and 5 voted AYE.
REZONE/Chris
Proof of publication,
as shown on page ________, calling for a public hearing to consider request to
Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development) on
approximately 1.9 acres located on the east side of Tuskawilla Road,
approximately 300 ft. north of SR 426, Chris Gardner, received and filed.
Mr. Hopper stated the
applicant is proposing 21,746 sq. ft. of office use in four separate
buildings. The buildings will be
two stories in height and will share
Upon inquiry by
Chairman Henley, Mr. Hopper advised he believes the revised site plan shows 10
ft. parking spaces.
Upon inquiry by
Commissioner Morris, Mr. Hopper advised the retention pond will be designed so
that it will not be required to be fenced. He stated the final site plan will come back to the
Board.
Mr. Hopper informed
Commissioner Morris that he believes the pond will be a wet pond. He briefly reviewed the type of
lighting that will be available for the project.
Joe Gardner, Condev
Corp. representative, addressed the Board to state he will be glad to answer
any questions.
Mr. Gardner informed
Commissioner Henley that the sitting area will not be a covered area.
Upon inquiry by
Commissioner Morris, Mr. Gardner advised the pond will be designed dry.
No one spoke in support
or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to adopt Ordinance #2005-36, as shown on page
________, approving rezoning from A-1 (Agriculture) to PCD (Planned Commercial
Development) on approximately 1.9 acres located on the east side of Tuskawilla
Road, approximately 300 ft. north of SR 426, as described in the proof of
publication, Chris Gardner, subject to the conditions (A-K) in the Development
Order, as shown on page ________.
Districts 1, 2, 3, 4
and 5 voted AYE.
VACATE AND ABANDON/Alvarado &
Leon
Proof of publication,
as shown on page ________, calling for a public hearing to consider request to
Vacate and Abandon the unnamed public alleys contained in the limits of Block
4, Whitcomb’s First Addition to
Cynthia Sweet,
Development Review, addressed the Board to state the alleys run parallel
between First and Second Streets and Pine and Oak Streets. She stated the alleys are consistent
with the character of the area as the alleys in Block 3 of the same plat. The alleys are not opened for public
access and will not prohibit access to any parcel. The existing single-family residence located at
No one spoke in support
or in opposition.
Motion by Commissioner Morris,
seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-164,
as shown on page _______, vacating and abandoning the unnamed public alleys
contained in the limits of Block 4, Whitcomb’s First Addition to Geneva, as
described in the proof of publication, Thomas Alvarado & Livelle Leon.
Districts 1, 2, 3, 4
and 5 voted AYE.
VACATE AND ABANDON/Sharon Grant
Proof of publication,
as shown on page ________, calling for a public hearing to consider request to
Vacate and Abandon a portion of the unimproved right-of-way known as
Cynthia Sweet stated
the applicant is requesting to vacate a portion of the 30 ft. unimproved public
right-of-way known as Oak Avenue consisting of approximately 4,956 sq. ft.
located south of S. Ronald Reagan Blvd. and north of Lake Mobile Dr. The existing unimproved right-of-way of
Mrs. Jones addressed
the Board to state she lives on one of the lots on
Ms. Sweet explained
that if the road is vacated, then it would allow the applicant more land so she
can improve her lot.
Ms. Sweet explained for
Mrs. Jones the purpose of the notices for property owners living within 300 ft.
of the request.
Commissioner Carey
stated she would like clarification that this property will be split between
three adjacent property owners.
Robert McMillan,
No one else spoke in
support or in opposition.
District Commissioner
Henley recommended approval of the request with staff recommendations.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to adopt appropriate Resolution
#2005-R-165, as shown on page _________, vacating and abandoning a portion of
the unimproved right-of-way known as Oak Avenue, as described in the proof of
publication, Sharon Grant, with staff recommendations.
Districts 1, 2, 3, 4
and 5 voted AYE.
BOA APPEAL/Daniel Aponte
Proof of publication,
as shown on page ________, calling for a public hearing to consider request for
an Appeal of the Board of Adjustment’s decision to deny a special side yard
setback variance from 7.5 ft. to 3.33 ft. for a proposed shed located at
Michael Rumer,
Planning, addressed the Board to state the Board of Adjustment (BOA) denied the
request on June 27, 2005 based on staff’s recommendation and based on the
shed’s height and roof style not matching the roof of the existing house. He stated staff is recommending
upholding the BOA’s decision.
Daniel Aponte,
applicant, addressed the Board to explain what they are trying to do. He reviewed the variance application as
outlined in the agenda memorandum.
Melissa Aponte,
applicant, addressed the Board to state they will be installing a fence to
conceal the front of the shed.
Mr. Aponte stated he
has a letter (not received and filed) from the neighbors stating they have no
objections to the shed. He stated
he is not sure why the BOA denied the request and he will address any questions
the Board may have.
Chairman Henley
explained why the applicant was turned down by the BOA for the variance.
Upon inquiry by
Commissioner Morris, Mr. Aponte advised if they put the shed near the house, it
would close off their window.
No one else spoke in
support or in opposition.
District Commissioner
Henley stated the applicant does not meet the criteria required for
variances. He stated in looking at
the lot, there are possibilities of solving the problem themselves by making
some adjustments. This isn’t
something created by the lot size and irregularity, but by the size of the shed
and the location they have chosen.
Therefore, he doesn’t feel that this is justification enough to override
the BOA’s decision to set a precedence of that nature. He said he would recommend upholding
the BOA’s decision.
Motion by Commissioner Morris,
seconded by Commissioner Van Der Weide to uphold the BOA’s decision to deny a
special side yard setback variance from 7.5 ft. to 3.33 ft. for a proposed shed
located at
Districts 1, 2, 3, 4
and 5 voted AYE.
BOA APPEAL/Rosy Rios
Proof of publication,
as shown on page ________, calling for a public hearing to consider request for
an Appeal of the Board of Adjustment’s decision to deny a side street setback
variance from 25 ft. to 7.5 ft. for a proposed home on
Mr. Rumer stated the
BOA denied the request at their June 27, 2005 meeting. He stated the BOA based their denial on
staff’s recommendation and on the basis that the applicant did not show up for
two scheduled BOA hearings. He
said staff is recommending that the Board uphold the BOA’s decision.
Upon inquiry by
Chairman Henley, Mr. Rumer advised staff has based their recommendation that
the applicant did not meet the criteria for granting a variance.
Upon inquiry by
Commissioner Van Der Weide, Mr. Rumer advised there is no opposition from the
surrounding neighbors.
Commissioner Van Der
Weide stated one neighbor has suggested that
Rosy Rios, applicant,
addressed the Board to state the typical side setback is 7.5 ft. for this
particular zoning. The 25 ft.
setback is there for corner properties so that it can meet the requirements for
site distance for oncoming traffic.
This is merely being used as a driveway into her neighbor’s garage. There is no other traffic that goes
into this portion of the street.
This portion of the road could easily be vacated to her neighbor and to
herself because it is not being used as a typical road. She stated she is proposing a custom
home and it will not deter from the neighborhood.
Upon inquiry by
Commissioner Morris, Ms. Rios advised one property has access into that street
and it is a landlocked property.
The road is just being used as an access road into her neighbor’s garage
and to the property to the south.
There is about 65 ft. of right-of-way, but there is additional 22½ ft.
to the edge of the road and the house would not look like it is on top of the
street.
Upon inquiry by
Commissioner Carey, Mr. Rumer advised the side setback would be 7.5 ft. if it
is not on a corner lot.
Mr.
Rumer informed Commissioner Dallari that the square footage of the proposed
home is 4,863 sq. ft. including the garage.
Mr.
Rumer informed Commissioner Carey that there is a wall that goes around
No one spoke in support
or in opposition.
Speaker Request Form
was received and filed.
District Commissioner
Van Der Weide stated the fact is that there are other things the applicant
could do with that lot. He stated
he feels the applicant could build a house on that lot and granting the request
would set a precedent in that neighborhood. He said he is not sure if the School Board is not going to
address the issue of that road.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Morris to uphold the Board of Adjustment in
denying a side street setback
variance from 25 ft. to 7.5 ft. for a proposed home on
Districts 1, 2, 3, 4
and 5 voted AYE.
BOA APPEAL/Jaime Maisonet
Proof of publication,
as shown on page ________, calling for a public hearing to consider request for
an Appeal of the Board of Adjustment’s decision to deny a rear yard setback
variance from 30 ft. to 8 ft. for a proposed shed located at
Mr. Rumer stated the
BOA denied the side yard setback from 30 ft. to 8 ft. for a proposed 20 ft. x
25 ft. (500 sq. ft.) shed. He
stated the BOA denied the request based on staff’s findings.
Jaime Maisonet,
applicant, addressed the Board to display and review photographs (not received
and filed) of the front, back and sides of the house. He stated his neighbors indicated that they do not oppose
the construction of the shed. He
said the reason he would like to build this size shed is because he would like
to put his kids’ toys in it as well as his generator, lawn mower and other
tools. He indicated that he bought
his house eight years ago and he is planning to remodel it in two years.
No one spoke in support
or in opposition.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Carey to uphold the Board of Adjustment’s
decision, thereby, denying a rear yard setback variance from 30 ft. to 8 ft.
for a proposed shed located at
Districts 1, 2, 3, 4
and 5 voted AYE.
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Chairman Henley
recessed the meeting at 2:40 p.m., reconvening it at 2:45 p.m.
LEGISLATIVE UPDATE
Sally Sherman, Deputy
County Manager, addressed the Board to state on August 4, 2005, during the
Budget work sessions, the Board tentatively approved funding in the amount of
$100,000 to secure a federal lobbyist.
She stated staff contacted a number of sources to secure information on
successful federal lobbyists. She
said included in the packet is the proposed draft agreement with the scope of
work. She requested that the Board
select a federal lobbyist, waive the procurement process and authorize the
Chairman to execute a contract with a specified firm.
Commissioner Morris
stated he will not be voting on this item as he had relationships with one of the
firms in the past. He stated he
will be submitting a Conflict of Interest Form, as shown on page _______.
Upon inquiry by
Commissioner Carey, Ms. Sherman explained what type of requests the County has
made to the Federal government.
Upon further inquiry by
Commissioner Carey, Mr. Grace advised there are some federal dollars in some
areas that are entered through the State and they apply through them. The idea is to go after items that they
have not gone after before.
Ms. Sherman reviewed
for Commissioner Van Der Weide what their neighboring
Commissioner Van Der
Weide stated the Legislative Delegation has recommended that
Chairman Henley stated
he feels the County may have neglected moving forward with this in the past,
but when they look at the needs in this County relative to stormwater and
alternative water, it is necessary for them to attempt to pursue additional
revenues from the State as there is a wide variety of opportunities to seek
funds. He stated he feels it is
prudent to move forward with this and it is important to choose a firm that has
broad expertise on this. The
County needs to apply for wherever money is available. He said he met with Congressman Mica
and he indicated that he doesn’t have the staff people to help with applying
for grants. Congressman Mica also
indicated that he is not aware of everything that is available and he would
recommend hiring a lobbyist. He
stated if the Board recalls, he came forward with a recommendation to consider
hiring a lobbyist and the Board was not ready at that time.
Commissioner Carey
stated she submitted research from the Center for Public Integrity and
Lobbyist.info of some firms (not received and filed) showing who represents
them.
Chairman Henley noted
the list of fees that are being requested.
Commissioner Carey
stated she doesn’t spend much time in
Chairman Henley stated
the Board members had an opportunity to review the responses and if there is
anything they want to discuss, now is the time to do it.
Commissioner Carey
stated the one thing that concerns her is when they have someone that
represents a lot of people they can only go to the well so many times. She stated if they have 20 to 30
clients and if you ask for money for those clients, not all of them will get
money. She said the one thing that
is important is whoever they hire as a lobbyist, they need to have a great
relationship with committee staff.
Chairman Henley stated
the one thing the Board needs to be cognizant of is there may be a number of
clients, but all of them may not be asking for the same thing out of the same
pot.
Commissioner Dallari
stated going through the records and seeing what people have done through the
years means a lot. He stated he
feels that there are couple of firms here that will “bring home the
bacon”. He said he thinks it is
important to step up to the plate and go to D.C.
Chairman Henley stated
the more you contact them, the more you require and the more you contact them,
the more response you will get.
Commissioner Dallari
stated the
Steve Lee, Deputy
County Attorney, addressed the Board to state the
Mr. McMillan stated
this is a little different, but if the Board puts in a standard they can do
that.
Commissioner Dallari
stated he would like a one-year contract with a 30-day notice.
Commissioner Carey
stated she would like to see that in all of the lobbyist contracts.
Chairman Henley stated
he would like to include in the contract that if it becomes necessary for staff
or a Board member to participate in the testifying or presenting, that they be
responsible to help prepare the presentation since they are more familiar with
what is generally happening.
Mr. Lee stated the
contract does provide, at any time, to terminate the contract if the lobbyist
fails to meet their obligations.
Commissioner Carey
stated some of the proposals indicated that they will be giving monthly reports
and it is difficult for them to see it unless it is in writing.
Mr. Lee stated
sometimes it is hard to put into writing what is going on. He stated the Board may not want a
written report as there may be sensitive negotiations going on.
Mr. Grace stated there
may be a way to update the Board in some type of written form.
Commissioner Morris
stated if there is an issue that the Board is hearing two different things,
they may want to talk to the
Mr. McMillan gave each
Board member their business cards (received and filed) to select their number
one choice for a federal lobbyist.
Commissioners Van Der Weide, Henley and Dallari recommended Alcalde
& Fay. Commissioner Carey
recommended Barbour Griffith & Rogers, LLC.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Dallari to authorize staff to negotiate a
Contract, as shown on page ________, with Alcalde & Fay as the federal
lobbyist; and waive the procurement process.
Districts 1, 3, 4 and 5
voted AYE.
Commissioner Morris
abstained from voting.
-
- -
Chairman Henley stated
if staff cannot negotiate a contract with Alcalde & Fay, the Board needs to
select a second firm.
Commissioners Van Der
Weide, Henley and Carey recommended Barbour Griffith & Rogers, LLC. Commissioner Dallari recommended
Consensus Communication.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Dallari to authorize Barbour Griffith &
Rogers, LLC as the second firm selected if a contract cannot be negotiated with
Alcalde & Fay.
Districts 1, 3, 4 and 5
voted AYE.
Commissioner Morris
abstained from voting.
COMMUNICATIONS
AND/OR REPORTS
The following Communications
and/or Reports were received and filed:
1. Copy
of letter dated 8/23/05 to Nathan Rudgers (with attachments) from Dan Matthys,
Planning & Development Director, re: Activity at
2. Letter
dated 8/24/05 to Chairman from Mike Genetti, President-Association of the
United States Army Sunshine Chapter, re: Thank you for assisting and supporting
Florida Army National Guard. (cc: BCC, Co. Manager, Deputy Co. Managers)
3. Copy
of identical letter dated 8/26/05 to all Charter Review Commission members from
Chairman re: Appointment to Charter Review Commission and responsibilities
associated with same.
4. Memorandum
dated 8/24/05 to BCC from Kevin Grace, Co. Manager, re: Administrative Code.
5. Memorandum
dated 8/25/05 to BCC, Co. Manager and Deputy Co. Manager (with attachment) from
Meloney Lung, Manager-Support Services, re: Seminole County Gun and Archery
Association leased property.
6. Letter
dated 8/2/05 to Chairman (with attachment) from Congressman John Mica re:
Transportation funding for
7. Letter
dated 7/27/05 to Chairman (with attached report) from William Monroe, Auditor
General-State of
8. Notice
of public hearings for Development of Regional Impact proposed changes - City
of
9. Copy
of letter dated 8/10/05 to Co. Manager from Dede Schaffner, Midway Safe Harbor
Advocate, re: Request for additional funding to expand programs. (cc: BCC, Deputy Co. Managers)
10.
Letter dated 8/23/05 to Chairman from Linda Moore,
President-Seminole Cultural Arts Council, re: Request for additional
funding. (cc: Co. Manager, Deputy
Co. Managers)
11.
Memorandum dated 8/23/05 to BCC, Co. Manager, Deputy Co.
Managers (with attachment) from Robert McMillan, Co. Attorney, re: Sexual
Offenders Ordinance.
12.
Copy of letter dated 8/16/05 to Leo and Jeanne d’Arc Salvail
(with attachments) from Ginny Markley, Program Manager-Impact Fee/Concurrency,
re: Impact Fee Waiver.
13.
Letter dated 8/31/05 to BCC (with attachments) from John
Saboor, Executive Director and Doug Barclay, Seminole Co. Marketing
Manager-Central
14.
Letter dated 8/18/05 to Chairman from George Gilhooley,
District Five Secretary-Florida Department of Transportation, re: Award of
grant monies for county projects.
(cc: BCC, Deputy Co.
Managers)
15.
Notice of Land Planning Agency public hearings on September
14, 2005 for City of
16.
Memorandum dated 8/29/05 to BCC from Kevin Grace re: Acting
Co. Manager during trip to
17.
Memorandum dated 9/1/05 to BCC (with attached map) from Tony
Walter, Planning Manager, re: Transit Shelter Program Update.
18.
Memorandum dated 8/29/05 to BCC (with attachment) from Kevin
Grace, Co. Manager, re:
19.
Memorandum dated 8/22/05 to BCC (with attachment) from Kevin
Grace, Co. Manager, re: Capital Project Fund Transfer-Criminal Justice Center
Project #00187801.
20.
Letter dated 8/25/05 to Chairman from Margot Knight, President
& CEO-United Arts of Central Florida, re: Thanks and gratitude for final
installment of the 2004 Campaign pledge.
(cc: BCC, Co. Manager,
Deputy Co. Managers)
21.
Notice of request for variance public hearing on September 14,
2005 for City of
22.
Memorandum dated 8/26/05 to BCC and District Board of
Trustees-Seminole Community College (with attached article) from E. Ann McGee,
23.
Letter dated 8/29/05 to Commissioner Dallari from David
Schillhammer, Executive Director-Orlando Philharmonic Orchestra, re: Request
for funding. (cc: BCC, Co. Manager, Deputy Co. Managers)
24.
Memorandum dated 8/26/05 to Sandy McCann, Supervisor, Co.
Commission Records Office from Becky Noggle, Sr. Coordinator, Environmental
Services, re: Submission into Co. Records.
25.
Public Notice for proposal to replace SR 415 bridge over
26.
Copy of letter dated 8/18/05 to Mayor Richard Crotty-Orange
Co. from Linda Watson, Chief Executive Office-LYNX, re: Budget request for
2005/06. (cc: BCC, Co. Manager, Deputy Co. Managers,
Transportation Planner)
27.
Letter dated 8/22/05 to BCC from Mayor Buddy Dyer-City of
28.
Resolution from the Seminole County Regional Chamber of
Commerce in support of the proposed commuter rail project. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Engineer, Co.
Attorney)
29.
Contract for services, as shown on page ________, between
Seminole Co. Government and Jacqueline Garcia (Scorekeeper ASA Tournament).
30.
Letter dated 9/7/05 to Chairman from Dr. Cordell O’Connor,
President-Greater Oviedo Chamber of Commerce, re: Support for the library
expansion project. (cc: BCC, Co. Manager, Deputy Co. Managers,
Library & Leisure Services Director)
31.
Notice of Seminola Boulevard East Small Area Study community
meeting on September 27, 2005 in the City of
32.
Notice and agenda for September 14, 2005 Seminole Co. Port
Authority board meeting.
33.
Letter dated 8/24/05 to Stakeholders (with attached report)
from James Kennedy, Director-NASA re: NASA's on-going programs and 2004 Annual
Report.
34.
Memorandum dated 9/1/05 to Chairman (with attached memo from
David Johnson, Property Appraiser) from Ray Valdes, Seminole Co. Tax Collector
re: Extending the 2005 tax roll until the completion of the Value Adjustment
Board hearings. (cc: BCC, Co. Manager, Deputy Co. Managers,
Fiscal Services Director)
CHAIRMAN’S REPORT (Continued)
Chairman Henley stated
the Board had discussions this morning relating to liaison appointments. He submitted a current list (received
and filed) of Board liaison appointments for 2005.
Upon inquiry by
Commissioner Dallari, Chairman Henley advised he attended the CALNO meeting
because Commissioner Dallari was unable to attend. He stated he can change it back to Commissioner Dallari if
he desires.
Commissioner Van Der
Weide stated it is the Chairman’s prerogative to assign Board members to these
committees. He questioned if they
are going to negotiate these in public meetings instead of having the Chairman
to follow through as he always has.
Chairman Henley stated
he feels it is important to change assignments from time to time as the Board
can get a full exposure of the things that are out there. He stated he asked each Board member to
submit their selections and he would try to work with them. Discussion ensued.
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Chairman Henley asked
that the
Commissioner Carey
stated she would like to see something from staff on how they will follow up on
items and what specific projects they will be working on in moving this
forward.
Chairman Henley stated
he and Mr. Grace have had discussions on that and they will be following up
regarding those. There are plans
in the works.
Commissioner Morris
stated he would like to compliment Chairman Henley on his report and the
charter service line.
Upon inquiry by
Commissioner Morris relating to putting
Mr. Grace stated during
their meetings with
Commissioner Dallari
asked if the Board will be seeing a timeline on some of the issues.
Mr. Grace stated he
will try to give the Board an update some time in November.
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There being no further
business to come before the Board, the Chairman declared the meeting adjourned
at 3:38 p.m., this same date.
ATTEST______________________Clerk_____________________Chairman
slm/er