BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 10, 2005
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m., on Tuesday, May 10, 2005, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Carlton Henley (District 4)
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
County Attorney Robert McMillan
Deputy Clerk Eva Roach
The Invocation was given by Pastor Danny Shaylor, New Tribes Mission, Sanford, Fl.
Robert McMillan, County Attorney, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-86, as shown on page ________, honoring John Hauserman, Department of Environmental Services, Division of Solid Waste Management, for his 19 years of dedicated service to Seminole County upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Mr. Hauserman.
-------
Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-83, as shown on page ________, proclaiming the week of May 14-20, 2005 as “EMS Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to members of the Emergency Medical Services team.
-------
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-85, as shown on page _______, proclaiming May 15-21, 2005 as “National Public Works Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to members of the Public Works Department.
-------
Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-84, as shown on page ________, proclaiming May 9-13, 2005 as “Tourism Week in Seminole County”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris stated this resolution will be presented at the Tourism Awards Luncheon.
COUNTY MANAGER’S CONSENT AGENDA
Kevin Grace, County Manager, addressed the Board to clarify that there is a statement in the backup for Item #14, Approve Amendment #5 to RFP-4128-01, indicating that “there are additional costs associated with this extension”, and it should read “there are no additional costs”.
Commissioner Carey stated relating to Item 12, Award RFP-4240-04, she talked to staff about a quick Urinalysis Test done at a lab instead of having to wait several hours to get in. That service can be done as a separate test for $29.
Ray Hooper, Purchasing Manager, addressed the Board to advise there will be a secondary on the drug testing.
Motion by Commissioner Dallari, seconded by Commissioner Carey to authorize and approve the following:
8. Appprove Change Orders #5 and #6, as shown on page ________, to CC-1228-04/TLR – Greenwood Lakes WWTF Master Pump Station Updates – Mechanical Screens with Wharton-Smith, Inc., Lake Monroe ($88,829.13 and 141 days).
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Dallari to authorize and approve the following:
Litigation
24. Approve proposed mediated settlement relating to Walker, as Trustee Property, Parcel Number 109 of the Airport Boulevard Phase III road improvement project, in the amount of $398,974.44, inclusive of all damages, attorney’s fees and costs.
25. Approve proposed mediated settlement relating to S.A.Z. Development, Inc. Property, Parcel Numbers 212/812A/B/C on the East Lake Mary Boulevard Phase IIB road improvement project, in the amount of $241,678, inclusive of all damages, attorney’s fees and costs.
Property Acquisition
26. Approve and execute Purchase Agreement, as shown on page ________, relating to Will and Agnes Roger Property, Parcel ID Numbers 16-21-31-5CA-0000-112D and 16-21-31-5CA-0000-112E required for the Consumers/Lake Hayes Water Transmission Main Project, located at 2288 Andrew Lane, Oviedo, in the amount of $10,000 with no fees, costs or expenses incurred.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize and approve the following:
CLERK’S OFFICE
27. Approval of Expenditure Approval Lists, as shown on page ________, dated April 11 & 18, 2005; and Payroll Approval List, as shown on page ________, dated April 7, 2005.
28. Approval of BCC Minutes dated April 12, 2005.
29. Noted, for information only, the following Clerk’s received and filed.
1. Second Amendment, as shown on page ________, to IFB-3063, Sodium Hydroxide Purchase Agreement.
2. Second Amendment, as shown on page _________, to IFB-3072-03, Hypochlorite Purchase Agreement.
3. Change Order #1, as shown on page ________, to CC-1231-04.
4. Certificate of Completion, Work Order #58, as shown on page ________, to CC-1139-BJC.
5. Work Orders #6 & #7, as shown on page ________, to PS-5166-04.
6. Basic Contract #M-487-05, as shown on page _________, Camp Dresser & McKee, Inc.
7. Work Orders #30, #31, #32, #33, & #34, as shown on page ________, to CC-1212-03.
8. Amendment #1, as shown on page _________, to Work Order #5 to PS-5150-03.
9. Work Order #34, as shown on page ________, to PS-5130-02.
10. Amendment #1, as shown on page ________, to Work Order #32 to CC-1212-03.
11. Amendment #1, as shown on page ________, to Work Order #31 to CC-1212-03.
12. Amendment #1, as shown on page ________, to Work Order #34 to CC-1212-03.
13. Amendment #1, as shown on page ________, to Work Order #30 to CC-1212-03.
14. Amendment #1, as shown on page _______, to Work Order #33 to CC-1212-03.
15. Work Order #8, as shown on page ________, to PS-5166-04.
16. Work Order #2, as shown on page ________, to PS-5137-03.
17. Basic Contract M-488-05, as shown on page ________, Brian Cummings & Associates, Inc.
18. Amendment #2, as shown on page ________, to Work Order #14 to PS-585-01.
19. Work Orders #17 & #18, as shown on page ________, to PS-5116-02.
20. Work Order #8, as shown on page ________, to PS-5135-02.
21. Work Order #1, as shown on page ________, to CC-1252-04.
22. IFB-3105-05 Contract, as shown on page ________, for Overhead Door Maintenance, A-N-R Door Systems, Inc.
23. Second Amendment, as shown on page ________, to IFB-3092-04.
24. IFB-3111-05 Maintenance Services Agreement, as shown on page _________, Poolworks.
25. Letter to Ms. Lauren Milligan, Florida State Clearinghouse, Dept. of Environmental Protection, from Anne Brewer, P.E., Florida Dept. of Transportation, re: Advance Notification for SR 46 PD&E Study.
26. Memorandum to Sandy McCann, County Commission Records, from Kendra Currey, County Attorney’s Office, re: Amended Item for Submission (Eden Park, Parcel #108, Jim Cannon).
27. Drainage Easement, as shown on page _________, with Casselberry Investment Properties, Ltd., per settlement, Seminole County v. Casselberry Investment Properties, Ltd., approved by the Board on December 14, 2004.
28. Development Orders, as shown on page ________, as follows: #05-30000018 Sparks Variance; #05-30000013 Carnes Variance; #05-30000011 Carr Variance; #05-30000010 Patterson Variance; #05-30000008 Milanovich, Jr. Variance; #05-30000006 Snell Variance; and #04-32000035 Rutheford Special Exception.
29. Letter to Commissioner Randy Morris from Lilli Bogan, Director of Child Support Enforcement Program, Department of Revenue, submitting calculations used in determining Seminole County’s incentive payment amount for child support collections.
30. Memorandum to Sandy McCann, County Commission Records, from Debra Edge, County Attorney’s office, submitting a Warranty Deed, as shown on page ________, with the Florida Conference Association of Seventh-Day Adventists relating to the Fire Department Training Storage facility.
31. Certificate of Title, as shown on page ________, for Sandy Lane Reserve Phase 2.
32. Conservation Easement, as shown on page ________, for Lee & Carol Smith.
33. Memorandum to BCC from Kevin Grace, County Manager, re: Capital Project Fund Transfer for Wekiva Springs Road.
34. Memorandum to Mark Flomerfelt, Stormwater Division, from Henry Brown, Assistant County Attorney, re: Direct Pay Request relative to Expert Witness Procurement, Lockhart Smith Canal, Martha Faircloth parcel.
35. Purchase Agreement, as shown on page ________, for Parcel 112, Elizabeth C. Lucey-Hearld per Binding Written Offer approved by the BCC on February 8, 2005.
36. Purchase Agreement, as shown on page _______, for Parcel 701, International Promoters of Art, Inc. per Binding Written Offer approved by the BCC on March 22, 2005.
37. CC-1257-05 Agreement, as shown on page _______, with CEM Enterprises, Inc.
38. CC-1259-05 Agreement, as shown on page ________, with CEM Enterprises, Inc.
39. Conditional Utility Agreements, as shown on page ________, for water and sewer service with Complete Soccer Academy Real Estate, LLC.
40. Conditional Utility Agreements, as shown on page ________, for water and sewer service with Pedro & Olga Fernandez.
41. Conditional Utility Agreements, as shown on page _________, for water and sewer service with Sonny’s Franchise Company.
42. Assignment of Conditional Utility Agreements, as shown on page _________, for water and sewer service with Windsor Oaks LLC and Bradford Development Corp. for the project known as Bella Foresta.
43. Conditional Utility Agreement, as shown on page ________, for water service with Line Drive, Inc. for the project known as Sutherland Management.
44. Conditional Utility Agreements, as shown on page ________, for water and sewer service with M.I. Homes of Orlando, LLC for the project known as Wilson Park.
45. Bill of Sale, as shown on page ________, accepting water and sewer within the project known as Hunt Club Business Center LLC.
46. BD-2115-05 Generator Installation Agreement, as shown on page ________, with Chinchor Electric, Inc.
47. Various documents and Title of Insurance Policies, as shown on page _________, for Lake Drive; Elder Creek/C-15; and Lockhart-Smith Canal.
48. Bids as follows: CC-1261-05; PS-5182-05; PS-5180-05; IFB-3110-05; IFB-3112-05; RFP-4244-05; RFP-4246-05; RFP-4249-05; and PS-5183-05.
SHERIFF’S OFFICE
No Report.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Ray Hooper, Purchasing Manager, presented request to approve ranking list and authorize negotiations on DB-608-04/AJR, Lake Mary Blvd. Pedestrian Overpass to Finfrock of Apopka, Fl at an estimated cost of $2,878,091.
Commissioner Carey stated she met with Mr. Hooper and Jerry McCollum, County Engineer, yesterday and the bridge at SR 434 and the design done by Southland are similar in a lot of ways. The biggest difference is this one has a roof on it and she feels a roof is excessive. She stated she feels the one prepared and submitted by Southland Construction and Dyer, Riddle, Mills & Precourt is one that they may be able to negotiate with working out a design similar to the one on SR 434 with some modifications. This design is also one that is selected by the City of Lake Mary. This may be the appropriate one since it is going to be at the Gateway of Lake Mary. She said there were discussions relating to Lake Mary Blvd. and Country Club Road as well as Rinehart Road. She stated she will be meeting with the Markham Woods Homeowners Association to discuss an overlay or a tunnel for International Drive. She added from a priority standpoint, she feels that should be the second most important of the three bridges due to the traffic out there.
Motion by Commissioner Carey, seconded by Commissioner Dallari to enter into negotiations to modify the pedestrian overpass design with Southland Corp.
Under discussion and upon inquiry by Commissioner Morris, Commissioner Carey displayed photographs of the proposed bridge. She stated what she is suggesting is to negotiate with this group and to try to come up with a modification to standardize what they are looking at and to come up with something that is similar throughout the County.
Commissioner Morris stated this is not a trail bridge but a pedestrian overpass. The pedestrian bridge is a long planned bridge for Lake Mary, and it relates to the safety of the children of Lake Mary Elementary School. The Board needs to rule on if it is going to be a uniform standard and he doesn’t think there should be. There could be some uniform standards relating to certain design criteria relative to mobility, safety, public access, and Federal law. He stated he strongly supports a tunnel at Heathrow and this could be done this year if it is the direction of this Board. He said he believes the Cross Florida trail near Rinehart needs to be built as well as there is a need for a location near Aloma.
Jerry McCollum, County Engineer, addressed the Board to state at the last Board meeting, they brought forth in terms of a funding option where they could take a small amount of sidewalk funds as well as a full allocation and fund the International Parkway crossing. He stated $1.5 million to $2 million will be taken out of that money and that would be put into the Aloma/Red Bug project. If the Board directs staff to do that, that would come forth during the budget session this summer.
Commissioner Morris stated he feels they should do that.
Chairman Henley stated all they are doing today is selecting a company and they are not approving the design or the amount of money. He stated he will not support this type of price for a pedestrian overpass.
Commissioner Carey stated she would like to direct staff to consider three priorities on Lake Mary Blvd., the first would be Country Club Road, the second would be International Parkway, and the third one would be Rinehart Road.
Mr. McCollum informed Commissioner Carey that the RFP covers the pedestrian overpass at C-15 and Rinehart Road and they will probably occur about the same time.
Mr. McCollum informed Chairman Henley that in order to fund the additional structures and supplement the other one, it is about $5.5 million.
Commissioner Morris recommended making a separate motion regarding the other matters. He stated he supports negotiations for this particular contractor. Staff has had additional conversations with some Commissioners and not all of them.
Mr. McCollum stated he would suggest a slight adjustment on the motion. He stated staff may be able to negotiate with the contractor to remove the roof and keep the center piece, and those two costs could be brought back to the Board.
Commissioner Morris stated staff could bring back a series of options; one is to enter into discussions with the City of Lake Mary. He stated for the record, he would like to make sure it is still under the budget they originally allotted for this.
Mr. McCollum stated if the Board goes forth with the engineer and contractor who submitted this, there is a significant cost savings if they go ahead and talk to them about Rinehart Road and Lake Mary as well. They could save up to $700,000 if those two were done at the same time.
Commissioner Morris stated it is important that they continue to communicate with the City of Lake Mary because both bridges will be on their property. He stated he would like to ask the motion maker to authorize negotiation for both the Rinehart trail bridge and the Country Club pedestrian and try to do it by a date certain.
Mr. McCollum informed Commissioner Morris he would assume that it would take at least 30 to 45 days to negotiate that with the contractor.
Upon inquiry by Commissioner Van Der Weide, Mr. McCollum advised if the roof and decorative side panels were removed, the cost savings would probably be about $300,000 to $400,000. He stated if the only issue is the roof, staff can come back with the difference in price once they negotiate with the contractor. Discussion ensued.
Commissioner Carey withdrew her motion. Commissioner Dallari withdrew his second.
Motion by Commissioner Carey, seconded by Commissioner Dallari to enter into negotiations with the Southland Company team for DB-608-04/AJR - Lake Mary Boulevard Pedestrian Overpass to build two pedestrian bridges on Lake Mary Blvd., one at Country Club and one at Rinehart road and with staff to come back to the Board with modifications of using this as a basis and costs.
Under discussion, Commissioner Morris stated the actual discussion is that within 30-45 days, Mr. McCollum will bring this issue back with these items, and the Board will determine whether or not it will go forward with a formal contract. He stated the motion maker may want to include in the motion that they will enter negotiations with Southland.
Mr. McCollum stated staff will try their best to bring this back during the second meeting in June.
Commissioner Morris stated he would hope staff will bring this back during the first meeting in June so they can move this process along.
Districts 1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Morris, seconded by Commissioner Dallari to authorize staff to also bring back to the Board at the same time the feasibility of prioritization of these projects to design/build a tunnel or bridge for Lake Mary Blvd. at the International Parkway and to bring back the Aloma project as well.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Tina Deater, Planning, addressed the Board to present request to approve the final master plan and Developer’s Commitment Agreement for Celery Estates South, consisting of approximately 14.27 acres, and located on the southeast corner of Celery Avenue and Brisson Avenue, Robert Horian. She stated the applicant obtained a Land Use Amendment and PUD Preliminary Master Plan approval on December 14, 2004. The proposed final master plan complies with all of the conditions contained in the approved development order. The applicant has provided architectural renderings and an entrance sign plan. She said staff recommends approval of the request.
Chairman Henley stated he would disagree to the construction activities (7:00 a.m. to 9:00 p.m.) under the Miscellaneous Development Commitments outlined on Page 4 of the Developer’s Commitment Agreement. He said 9:00 p.m. is too late.
Matt West, Planning Manager, addressed the Board to advise there is no prohibition on construction times in the Code. Discussion ensued relating to the hours construction sites shut down.
District Commissioner Carey stated the County has ordinances that deal with noise and the residents can call if there is a problem. She stated she doesn’t have a problem with the 9:00 p.m. shut down and she thinks there are things going on until dark that are not noise provoking.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the final master plan and Developer’s Commitment Agreement, as shown on page ________, for Celery Estates South, consisting of approximately 14.27 acres and located on the southeast corner of Celery Avenue and Brisson Avenue, Robert Horian, based on staff findings.
Under discussion, Chairman Henley stated he is in favor of the project, but he is not in favor with the time of construction activities.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
Cathleen Consoli, Planning, addressed the Board to request direction with regard to drafting a Historic Preservation Ordinance as required by the Grant Agreement with the State of Florida, Division of Historical Resources. She stated the Division of Historical Resources awarded a match-in-kind grant to conduct a survey of historic structures in the East Rural Area of the County and to prepare a historic preservation ordinance. The current survey is an update to the 1994 survey and it focuses on the core of Geneva. The County’s consultant, Land Design Innovations, Inc. is conducting the survey of approximately 90 structures and it includes Florida Master Site file forms, location maps and photographs. The Seminole County Comprehensive Plan contains policies in the Design Element Objective 7 relating to public awareness and enjoyment of historical resources. These policies require updating the listing of historical sites in the County. Chapter 50 of the Land Development Code requires County review of proposed development to ensure that listed historic structures are identified. The County Code establishes the Historical Commission, its procedures and advisory capacity to the BCC. The proposed criteria was presented to the Historical Commission on April 21, 2005. Staff is recommending the following be placed in a forthcoming ordinance: (1) Define criteria used by the Historical Commission to determine historical significance and to recommend if a historic structure should be identified as local historic landmark; (2) Define criteria used by the Historical Commission to review and make recommendations to the BCC on requests for demolitions or modifications to historic structures. This review provides the opportunity for the County to evaluate the historical value of the structure and for the property owners to investigate other means of protecting the structure. It is possible that the structure may be sold and relocated, rehabilitated, or reconstructed to fit the contemporary needs of the owners. This review also allows for a thorough documentation of the structure if it is to be demolished, preserving an accurate record; (3) Establish County review procedures for applications to demolish or modify historical structures; and (4) Allow the Planning Manager to waive certain code requirements such as setbacks and parking, through administrative waivers, to save a historic structure. She concluded by stating the next step is to a draft ordinance incorporating recommended criteria that will be submitted to the State along with additional required documentation. Staff will work with the Land Development Code consultants to bring the ordinance back to the Board incorporating the requested changes.
Commissioner Morris stated he supports moving forward with the ordinance. He asked how defining the public process would go if they move forward with the historic areas.
Ms. Consoli advised if it is a historic preservation ordinance, staff would come back to the Board for direction and it would only be in unincorporated areas of Seminole County.
Chairman Henley advised the County is not establishing a historic district. Ms. Consoli stated that is correct.
Motion by Commissioner Morris, seconded by Commissioner Carey to direct staff to draft a Historic Preservation Ordinance as required by the Grant Agreement with the State of Florida, Division of Historical Resources, which contain criteria recommended by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Morris stated the Landfill Tipping Fees established for commercial waste delivered to the landfill for disposal is an issue that was discussed a couple weeks ago. He stated he is now fully clear on the rates for hauling and staff does not need to make a presentation.
Mr. Grace stated if the Board is satisfied, staff will not make a presentation.
-------
Chairman Henley recessed the meeting at 10:29 a.m. to allow staff time to prepare for the Legislative Update. The meeting was reconvened at 10:35 a.m.
COUNTY ATTORNEY’S BRIEFING
No Report.
LEGISLATIVE UPDATE
Sally Sherman, Deputy County Manager, and Steve Lee, Deputy County Attorney, addressed the Board to give an update on the Legislative Session issues. Ms. Sherman stated this has been a very interesting year. The session ended on May 6 and it was very active at the very end. Staff has basically pulled together a quick report of what passed and what failed.
Steve Lee stated one thing that is not in this report that they have not been tracking is the County has been cited for vehicles having licenses on the front bumpers and not on the rear bumper. He stated he spoke to Bobby Brantley and he indicated that he is planning to come to the May 24 meeting to review what did and did not transpire. He continued by reviewing the following issues: Voting Machine Requirements, Judicial Employees Fix bill; Deferred Compensation; Car Rental Surcharge. He said with regard to the Growth Management bill the Legislators elected to pass what was given to them, but there were quite a few things that were thrown in by the Senate that were not expected. Staff doesn’t know what that means until they sit down and review it. Senator Bennett was very unhappy with the counties over the Growth Management issue and has vowed to be more troubled to the counties. Another issue that staff had asked for is the fire hydrants.
Commissioner Morris recommended authorizing staff to draft an appropriate ordinance for the fire hydrants.
Attorney Lee stated he is not sure they need to do that as they are drawing up an ordinance at this time, but the final bill language may be sufficient.
Commissioner Morris stated he understood that the County needs an appropriate ordinance in place to monitor these. He stated he doesn’t know if he wants to place rule-making on a private sector. Therefore, he feels an ordinance is the appropriate way to do this.
Robert McMillan, County Attorney, addressed the Board to advise the Board has already directed staff to draft an ordinance and if the new legislation affects that in any way, staff will bring it back to the Board.
Commissioner Morris stated the other issue is private utilities in public right-of-ways and on private properties. He stated there were concerns with fire hydrants at condominiums and apartments. He feels both of those should come back to the Board as soon as possible.
Upon inquiry by Chairman Henley, Attorney Lee advised the holdup on getting it to the Board now deals with what kind of appeal process and whether Chapter 85 of the County Code needs to be revised because of adoption of a state-wide building code. Hopefully staff can get that back to the Board at the next meeting; if not, it will be the following meeting.
Ms. Sherman advised the Traffic Safety Act was approved and $7.5 million was appropriated for trauma centers. She stated staff had concerns with regard to the impact fees and that did not pass. All of the State Infringement on Local Authority issues failed. She added staff has submitted in the backup a comprehensive list of all the Bills that passed during the 2005 Legislative Session.
Upon inquiry by Commissioner Morris, Ms. Sherman advised the Cell Tower location did pass. She stated she understands that what was passed did not have the strength the original wireless had but staff is reviewing that to see what the outcome is.
Upon further inquiry by Commissioner Morris, Ms. Sherman advised the local authority for cell tower location did not pass. She stated staff wants to review SB 620 and all the amendments to see what the final outcome was, and to see if any of those items were inserted into that bill. She informed Commissioner Morris that the Municipal Water tax bill did not pass.
Attorney Lee informed Commissioner Morris that he will let him know if any portion of the Agriculture bill passed. Discussion ensued. Attorney Lee stated Bobby Brantley indicated that Representative Johnson agreed to meet with staff relating to the County’s concerns on the Growth Management bill.
Commissioner Van Der Weide stated he feels it is important to monitor that.
Commissioner Morris stated the Board tries to remind the Senators and Representatives that 70+% of the population of Florida live in Charter counties. There are far more conservative events that counties support versus what cities support.
Discussion ensued between Mr. Grace, Attorney Lee and the Board relating to the Trauma Center funding and the Annexation bills.
Commissioner Morris stated he hopes that when they get staff’s more comprehensive report back, he would like to see how that weigh into the discussions they have had earlier relative to public information regarding the critical issues.
Commissioner Van Der Weide stated the Board needs to evaluate this and adjust their website accordingly as there are pluses and minuses, those issues that haven’t been resolved.
Commissioner Morris stated this was a very dangerous session and the only reason they were not hurt badly is because bills were killed. They have members in the House who overwhelmingly supported those bills. He stated they need to be talking to the local Delegation about what they were doing.
PUBLIC HEARINGS
Chairman Henley stated staff has received a request (not received and filed) from the applicant of HIBC DRI NOPC Rezone (Item #34) to continue to the June 14, 2005 meeting.
Mr. Grace stated the applicant originally requested a continuance to July 5 and that is not going to take place as it was an error on their part. He stated the applicant sent a second letter requesting a continuance to June 14, 2005.
Upon inquiry by Commissioner Morris, Mr. Grace advised he believes the applicant was supposed to submit their notification to continue by 12:00 p.m. the day before the hearing. The applicant is allowed to have two continuances and after the third, it would be withdrawn.
Mr. West advised he believes this is the applicant’s fourth continuance but the first was requested by staff. Discussion ensued relative to when the original continuance was issued.
Commissioner Morris stated he is not in favor of the continuance. He stated he would rather hear the request and be done with it.
Commissioner Carey stated she received an e-mail from the representative of Colonial Properties. She stated Commissioner Henley will not be attending the June 14 meeting and she would rather have a full Board for this item. She said she would like to see it held during the second meeting in June rather than the first meeting.
Commissioner Morris advised he will not be attending the second meeting in June. He stated he is not in favor of continuing the item as he feels there is no reason for continuing it. He recommended rescheduling the request for the next meeting.
Commissioner Carey agreed to continue the HIBC item until the next meeting.
Chairman Henley stated the Board will take formal action with all Commissioners in attendance this afternoon.
-------
The Chairman recessed the meeting at 11:10 a.m., reconvening at 1:34 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PUBLIC HEARINGS
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
HEATHROW INTERNATIONAL BUSINESS
CENTER DRI NOPC, REZONE AND
AMENDMENT/MEREDITH PICKENS/Continued
Continuation of a public hearing from November 9, 2004 and February 8, 2005, for consideration of the Heathrow International Business Center Development of Regional Impact Notice of Proposed Change (DRI NOPC), Rezone from PUD (Planned Unit Development) to PUD; and Major Amendment to the HIBC PUD; as described in the proof of publication, as shown on page _______, Meredith Pickens.
Chairman Henley stated the Commissioners were made aware this morning that there was a letter (received and filed) from the applicant requesting another continuance.
Meredith Pickens, Shutts & Bowen, addressed the Board to state she hated to be put in this position and ask for a continuance again. She has been working with the County and City through a litany of issues that have come up. The property is in the City of Lake Mary and in Seminole County, and approvals are required from both jurisdictions in order to move forward. She requested a continuance for two weeks. She thinks that will give them ample opportunities to meet with the Commissioners individually to discuss outstanding issues. She said if they can be placed on the next Board agenda, she will not be asking for any further continuances.
No one spoke in support or in opposition to the continuance.
Motion by Commissioner Carey, seconded by Commissioner Morris, to continue to May 24, 2005, at 1:30 p.m., or as soon thereafter as possible, the public hearing for consideration of the Heathrow International Business Center Development of Regional Impact Notice of Proposed Change (DRI NOPC), Rezone from PUD (Planned Unit Development) to PUD; and Major Amendment to the HIBC PUD; as described in the proof of publication, Meredith Pickens.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONE FROM R-1 to R-2/
FORREST JACKSON, Continued
Continuation of a public hearing from April 12, 2005, to consider request to rezone from R-1 (Single-family Dwelling) to R-2 (One and Two-family Dwelling District) on approximately .21 acres, located on the west side of Jackson Street; as described in the proof of publication, Forrest Jackson.
Michael Rumer, Planner, addressed the Board to present the request, stating a community meeting was held on Thursday, May 5, 2005. He said everyone left the meeting in support of the rezoning. Since the meeting, he has received one fax and one letter (both received and filed) in support of the request. Mr. Rumer said staff believes the proposal would be incompatible with the area and staff is recommending the Board’s denial of the request. He advised the P&Z Commission voted six to one on March 2, 2005, to recommend approval of the rezoning.
Upon inquiry by Chairman Henley, Mr. Rumer showed a picture (not received and filed) of the existing duplex and discussed how it was built with a connecting utility room.
Quentin Freeman, 608 Stevenson Drive, addressed the Board to state he is the partial owner of the property with his grandfather, Forrest Jackson. He stated all the requirements to change the zoning from R-1 to R-2 have been met. He met with the community and had a petition (not received and filed) signed and he said he has pretty much the support of the whole community. He said he hopes the Board takes that into consideration when they make their decision.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
District Commissioner Henley briefly discussed with staff that there are six vacant lots on Jackson Street that could potentially be duplexes and the rest are all single-family residences. He recommended supporting the staff’s recommendation to deny the request.
Motion by Commissioner Morris, seconded by Commissioner Dallari, to deny the request for rezoning from R-1 (Single-family Dwelling District) to R-2 (One and Two-family Dwelling District) on approximately 0.21 acres, located on the west side of Jackson Street; as described in the proof of publication, Forrest Jackson, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
HILLTOP DRIVE/LONGWOOD-LAKE MARY
ROAD LARGE SCALE LAND USE AMENDMENT
AND REZONE/ALLAN GOLDBERG
Proof of publication, as shown on page _______, calling for a public hearing to consider the Hilltop Drive/Longwood-Lake Mary Large Scale Land Use Amendment from Low Density Residential (LDR) to Medium Density Residential (MDR) on approximately 22.45 acres, and Rezone from A-1 (Agriculture) to Planned Unit Development (PUD) on approximately 21.45 acres located on the west side of Longwood-Lake Mary Road, approximately 700 feet south of Acorn Drive, Allan Goldberg, received and filed.
Tina Deater, Senior Planner, presented the request. She advised the Department of Community Affairs (DCA) has provided staff with their Objections, Recommendations and Comments and a copy (received and filed) of the staff’s responses was provided to the Board last week. DCA’s objection to this amendment was that staff did not adequately address the availability of water and wastewater to serve the development. The staff’s response is that there is currently capacity in the northeast service area with water use productions demonstrating this. Staff is recommending adoption of an ordinance that includes the proposed map amendment from LDR to MDR and adoption of an ordinance for the proposed rezone from A-1 to PUD, subject to the Development Order and Preliminary Master Plan.
Commissioner Morris asked staff to discuss how it can be assured some future Board will not make a change to the outlying parcel not included in the rezoning where property owner Dorothea Clack wishes to retain the A-1 zoning to avoid a commercial zoning.
Ms. Deater advised the future land use would be Medium Density Residential, and if anyone wanted to have some type commercial use, that would have to come back before the Board for a land use amendment to change it.
Matt West, Planning Manager, stated the only other zoning that would be allowed in MDR is the RP zoning which is an office-type zoning.
DCM Don Fisher addressed the Board to advise this Board cannot bind a future Board, but they can put the statement on the Record and a statement can be added to a future developer’s commitment agreement regarding the process that would need to take place to change the outparcel to commercial.
Commissioner Morris stated the Board worked very hard on Longwood-Lake Mary Road to try to make that area conducive with the residential areas. He would hate to see someone not understand what the Board has worked on.
Mr. McMillan advised the Board can make it as clear as possible on the Record that what the Board is doing today is not to be taken as any intent to increase the density in the future in that area, nor should it be considered that there is a trend towards that kind of development. He stated that still does not bind a future Board, but it makes it clear that a future Board can’t rely on what the Board did today as indicating their intent to move in that direction.
Commissioner Morris additionally stated for the Record that the Planning staff will work with getting a statement from the applicant when the final site plan comes back. He noted, for the Record, that the Board understood that the reason this outparcel developed in this way is because of the intent of the resident to stay there until such time she may choose to sell or move.
Commissioner Carey added that if there was a request for the outparcel to go to commercial, the applicant would have to come in for a land use amendment.
Allan Goldberg, applicant, C & G Real Estate Group, addressed the Board to state they agree with the staff recommendations.
No one else spoke in support or in opposition.
District Commissioner Henley recommended approval of the staff’s recommendation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve the proposed map amendment from Low Density Residential to Medium Density Residential on approximately 22.45 acres and adopt Ordinance #2005-18, as shown on page _______, rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development) on approximately 21.45 acres, located on the west side of Longwood-Lake Mary Road, approximately 700 feet south of Acorn Drive, subject to the Development Order, as shown on page _______, and the Preliminary Master Plan; as described in the proof of publication, Allan Goldberg, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Henley left the agenda order at this time to acknowledge the Japanese delegation of elected officials in attendance, invited to the United States under the auspices of the State Department’s International Visitor Leadership Program.
Bill McDermott, Economic Development, addressed the Board to introduce Mr. Kiyoshi Mishide with the U.S. State Department to introduce the guests.
Mr. Mishide introduced Mr. Kunio Ishimine, Member, Kadena Town Council, Okinawa Prefecture; Mr. Taketoyo Toguchi, Member, Nago City Assembly; and Ms. Mio Nakamura, Member, Okinawa City Council, Okinawa Prefecture.
Chairman Henley welcomed the guests to America and to Central Florida.
Chairman Henley returned to the regular order of the meeting’s agenda.
RED BUG ROAD/COOPER TOWNHOMES
LARGE SCALE LAND USE AMENDMENT
AND REZONE/JIM COOPER
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Large Scale Land Use Amendment from Low Density Residential to Medium Density Residential; and Rezone from A-1 to R-3A (Multiple-Family Dwelling District) for 20.12 acres located on the north side of East Red Bug Road, ¼ mile west of SR 434, Jim Cooper, received and filed.
Jeff Hopper, Senior Planner, presented the request, stating the Department of Community Affairs raised an objection relating to possible impacts of wetlands and the shallow aquifer in the area. The staff’s response was that the proposed townhomes are confined to the southeast corner of the property where most of the buildable land on the site is located. Clustering of homes, roads and retention facilities in this are directs impacts away from the wetlands. In addition, a buffer averaging 25’ in width is required by code to be adjacent to all wetland areas. Clustering of the development as proposed is also a benefit in terms of stormwater management, preserving much of the site as undisturbed open space where rainfall can be absorbed naturally into the ground. Proposed retention ponds will be located between developed areas in the wetlands which will be preserved with a conservation easement. Also, the development will have to comply with regulations of the County and the St. Johns River Water Management District for its stormwater management system. He said staff recommends approval subject to the conditions in the Development Order and in the staff report, including that the building height should be limited to 35’; setbacks should be 20 feet from the sidewalks; the developer shall provide a sidewalk along East Red Bug Road connecting the site with SR 434; and the developer shall provide a wrought iron fence along East Red Bug Road from the east property line to the project entrance.
Jim Cooper, applicant, 315 E. Robinson Street, addressed the Board to state he concurs with the staff recommendation.
Upon inquiry by Commissioner Morris, Mr. Cooper advised he will be receiving the utilities from Seminole County. He added that they will not be annexing into the City of Oviedo.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the proposed map amendment from Low Density Residential (LDR) to Medium Density Residential (MDR); and enact Ordinance #2005-19, as shown on page _______, rezoning the property from A-1 to R-3A on 20.12 acres located on the north side of East Red Bug Road, 1/4 mile west of SR 434; as described in the proof of publication, Jim Cooper, with the staff recommendations, and approval of the Development Order, as shown on page _______,
Districts 1, 2, 3, 4 and 5 voted AYE.
NW 46 PUD LARGE SCALE LAND
USE AMENDMENT AND REZONE
KENNETH WRIGHT/SHUTTS & BOWEN
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Large Scale Land Use Amendment from Commercial to Medium Density Residential (MDR); and rezoning from PCD (Planned Commercial Development) to PUD (Planned Unit Development) on 55+/- acres located on the east side of North Oregon Street, ½ mile north of SR 46, Kenneth Wright/Shutts & Bowen, received and filed.
Mr. Hopper presented the request stating the Department of Community Affairs raised an objection relating to the availability of water and sewer capacity to serve the site. The staff’s response indicated this project had been included in the updated Consumptive Use Permit application submitted to the St. Johns River Water Management District and is now being addressed in the projected water needs. He said staff is recommending adoption subject to the conditions listed in the staff report which include the following: (1) the development be limited to 400 dwelling units, or ten units per net buildable acre; (2) no rental units shall be permitted; (3) reclaimed water should be used on the site; and (4) all homebuyers shall have deeds noting the site’s proximity to I-4.
Mr. Hopper advised of two corrections, discussed by the applicant and supported by staff, to the list of staff recommendations in the staff report and Development Order as follows: Item “t” is revised to say a 6-foot PVC fence, or better quality as approved by County staff, and 4 canopy trees (per 100 linear feet) shall be provided along the south property line; and Item “z” to read, at the time of final master plan, the site layout shall be evaluated to minimize unit proximity to I-4.
Upon inquiry by Chairman Henley on the number of students that might be impact the school system from this project, Mr. West advised the staff did their own report and through their own analysis, it seems that townhomes generate about half the number of students as apartments or rental units. Staff’s estimate is about .13 students per townhome unit, but that is not official.
Commissioner Morris requested a copy of staff’s analysis and to see how the calculations compare with the Board of Realtors and with surrounding counties.
Attorney Meredith Pickens, representing the applicant, stated she believes the number of students came to 102 based on the typical formula. Based on the County data provided of .13 students per unit, which would result in approximately 45 students from the townhomes development.
Ms. Pickens stated she concurs with the provisions of the staff report and Development Order, particularly with the notation about the fence and site plan corrections that Mr. Hopper made.
Michael Hanson, 1829 Stargazer Terrace, addressed the Board to state he recognizes the property is going to get developed and he does not care if it’s commercial or not. He said within the last two years, probably about 600 homes have been built in the area. They would like to have access to the trail system. He explained his request that the two sidewalks in the area on the south side where Oregon Trace is located connect up to Wayside Drive to give access to the trail system. He said last year the Board approved business along Orange Avenue and allowed them to develop without sidewalks and to make a contribution to the sidewalk fund. He said that is not the way to go and he asked the Board not to do that with this development.
Commissioner Carey discussed the sidewalk fund.
Deputy County Attorney Steve Lee addressed the Board to state he would have to find out more information about the sidewalk fund.
Mr. Grace advised that in the past, the Board has done that and monies have been set aside for sidewalk improvements. That has not been done lately and the Board has indicated the developments are to provide the sidewalks.
Whereupon, Commissioner Carey requested that Mr. Grace report back to her on where the $4,000 went that was mentioned by Mr. Hanson.
During discussion, Commissioner Morris said he thinks the issue the Board needs to answer is what are the future plans for sidewalks in this area. He advised Mr. Hanson that they will get his issue sorted out and get back with him.
Commissioner Carey advised her office will follow up with Mr. Hanson on the sidewalk plan.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to approve the proposed map amendment from Commercial to Medium Density Residential (MDR) and adopt Ordinance #2005-20, as shown on page _______, rezoning the property from PCD to PUD, per the staff report, on 55+/- acres located on the east side of North Oregon Street, ½ mile north of SR 46; as described in the proof of publication; and approval of Development Order, as shown on page _______, as amended, Kenneth Wright/Shutts & Bowen.
Under discussion, Commissioner Morris stated he would vote against the motion for the same reasons the Local Planning Agency (LPA) voted against the request (due to concerns related to school capacities, reduction of the County’s commercial tax base, and the possible need for noise abatement measures resulting from placing residential uses adjacent to Interstate 4).
Chairman Henley stated he would also vote against the motion for the same reasons as stated by Commissioner Morris.
Districts 1, 3 and 5 voted AYE.
Commissioners Morris and Henley voted NAY.
-------
Chairman Henley recessed the meeting at 2:25 p.m. and reconvened it at 2:37 p.m.
CAMERON HEIGHTS PUD LARGE SCALE LAND
USE AMENDMENT AND REZONE/ROBERT ZLATKISS
Proof of publication, as shown on page _______, calling for a public hearing to consider a land use amendment from Suburban Estates (SE), Low Density Residential (LDR), Industrial, and Commercial to Planned Development (PD); and a rezone from Agriculture (A-1), Industrial (M-1), Retail Commercial (C-1) and Retail Commercial (C-1) to Planned Unit Development (PUD); approximately 261 acres located in the Midway area, north of SR 46 and west of SR 415, south of Celery Avenue and east of Sipes Avenue, Robert Zlatkiss, received and filed.
Mr. Hopper presented the request, stating the current plan is a revision showing the proposed school site north of Hughey Street and west of Beardall Avenue as opposed to the transmittal plan showing the school on a parcel fronting on Sipes Avenue. He noted that noise is still a concern, and staff is recommending that sound attenuation blankets be included in all homes built south of a line extending east from the end of Hughey Street. Another concern staff has is with the current capacity of SR 46 which is now operating at Level of Service F. State law requires that public facility capacity be available for all new development at the time its impacts are felt. This would be achieved by requiring each phase of the development to pass concurrency review prior to permitting. The Department of Community Affairs raised an objection relating to the availability of sewer and water service from the City of Sanford. Staff has obtained a letter from Sanford indicating their ability and intent to provide utility service. Mr. Hopper stated in recent weeks, staff had meetings with the applicant who attempted to address concerns raised since the transmittal hearing, but the staff concluded that bringing out new information and analyses would unnecessarily complicate the Board’s decision. Therefore, staff provided the Board today a copy of the Development Order (copy received and filed) containing amendments approved by the Board at the transmittal hearing. This one represents the staff’s final list of recommendations. He added two corrections: Item “aaa” should be deleted and replaced with, “Each phase of the development shall meet concurrency on its own to insure that adequate public facilities are available as the impacts of the project are created.” A new condition should be added as Item “hhh” requiring water and sewer service for all development within the project. Mr. Hopper advised the Preliminary Master Plan has been revised to indicate the correct location of the school site.
Dwight Satoff addressed the Board to introduce his team of Tom Daly, Daly Design Group, Planner; Dave Blunt, Madden Engineering, Civil Engineer; Iman Saidie (phonetic), Traffic Planning & Design, Traffic Engineer; and Walt Wheeler of Aquatic Symbionics, eagle expert. He reviewed the reasons they were attracted to the site in the beginning and reviewed the employment center he said the County is creating around the airport. He said the majority of the property around the airport is residential, and the proposed project is four miles within the urban boundary. He showed a map (not received and filed) of properties already developed (highlighted in yellow). He described their mixed-use project with four major components: residential, a school campus, a five-acre commercial tract to provide possibly a grocery store, and a 13.7-acre business park tract. He said they are providing substantial housing where the County is putting a substantial amount of employment, and it is an anecdote to sprawl. He said this is a community with variable lot sizes. The townhouses would provide a buffer against some of the industrial warehouse type uses and commercial uses. He advised they agreed to increase the square footage of the houses and nearly doubled those in most cases. He noted that they will disperse traffic on five or six roads. He reviewed the numbers and said they are well below the capacity for Cameron and Beardall Roads. They will be bringing these roads up to standards. He further reviewed that the property is in the Midway drainage basin. He said they will limit their construction time when the eagles are not nesting. He explained the agreement with the School Board for a middle and elementary school site. He further described the site plan for the project.
Upon inquiry by Chairman Henley, Mr. Satoff agreed not to develop the approximately 18 units near the pond on the six-acre site to be sold to the School Board for the schools. Discussion ensued on the total number of units.
Mr. Satoff stated they are not trying to build units on the school site and, if it makes a difference, they can agree not to build the units by the drainage pond, but it will be a shared pond.
Commissioner Carey stated the Board originally approved 996 units and she asked Mr. Satoff if that is what he is agreeing to.
Mr. Satoff said he thinks that would be acceptable because that figure recognizes a lot of the changes. Discussion continued.
Commissioner Morris stated when the School Board property closes, that will reduce the number of units automatically.
Commissioner Carey said the number would be 876 units, excluding the School Board property. Mr. Satoff agreed that was the correct number.
Chairman Henley advised Written Comment Forms were submitted (received and filed) with eight in support of the action and one in opposition.
Larry Dale, representing the Sanford Airport Authority Board, addressed the Board to state the Airport Authority supports the development subject only to the residential component being outside the 60 DNL contour and the developer granting an avigational easement and associated development order for those residential areas of the development.
Upon inquiry by Chairman Henley, Mr. Dale said there are over 5,000 jobs at the airport today. The spinoff, according to the economic statement done by the State DOT, is approximately 27,000 jobs in the Central Florida area. The projected job growth over the next 20 years on the airport property is approximately 10,000 jobs.
Upon inquiry by Commissioner Morris, Mr. Dale said they are forecasting 43,000 total jobs for the additional acreage around the airport and on the airport.
Mr. Dale described the current jobs as mixed use. He further described the types of future businesses he sees as coming in the area of the airport.
During discussion, Mr. Hopper stated the avigational easement is not mentioned in the development order. Whereupon, Mr. Dale said it should be and that is what they worked on doing with the staff.
Commissioner Morris suggested adding Item “iii” in the development order to have the appropriate language regarding the avigational easement. He said staff can draft that (copy received ad filed) so it’s available for the Board to vote on.
Commissioner Dallari said he would like to make sure the actual language for the avigational easement is drafted in the development order.
Dan Matthys, Planning Director, addressed the Board to state the avigational easement is not in the current development order because the Board received a copy of the one that was transmitted to DCA. The Airport Authority and the applicant did talk about it and he believes the applicant is willing to make the voluntary commitment in the development order. Should that be the vote of the Board, staff will put that in.
Commissioner Carey said staff could modify Items “p,” “q,” and “qq” to say avigational easement instead of deed restriction.
Carol Saviak, 924 N. Highland Avenue, Executive Director representing the Coalition for Property Rights, addressed the Board to state the Cameron Heights application is a reasonable use of the property and fully compatible with other existing developments. She encouraged the Board to transmit the request and not stand in the way of the “American Dream,” not only for Mr. Zlatkiss but for the dreams of the future homeowners who desire to have the quality of life which comes from being able to afford a home or townhome within a reasonable distance from where they work.
John Russell, 950 Powhatan Drive, addressed the Board to state he owns property within the proposed Cameron Heights development. He said he believes this review has been drawn out much longer than necessary due to many objections from a few residents in the Celery Avenue area. He said the last private meeting was called by the developer to address and attempt to correct any objections and concerns the opposition had. At that meeting he came to the realization that the people opposing had no intentions of finding solutions for anything they objected to. The only solution stated by the opposition was for the developer to close his brief case and leave them alone. They want Celery Avenue to stay unchanged. He said Cameron Heights will be the beginning of much needed road and drainage improvements. It will bring new schools and add to the tax base. He requested the Board pass the Cameron Heights development.
Jimye Russell, 950 Powhatan Drive, representing Emanuel Hillery who was unable to attend the meeting, addressed the Board to read a statement (not received and filed) by Mr. Hillery. She read that Mr. Hillery is a community leader and president of a community group. He said that after discussion about Cameron Heights at one of the community meetings, the group consensus was that this project could only improve their property values, help alleviate school overcrowding, and overall improve their community. He requested the Board consider passing the planned development of Cameron Heights.
Doug Doudney, 824 N. Highland Avenue, President for the Coalition for Property rights, addressed the Board to state this plan represents reasonable use. In the last meeting, many opponents spoke saying how they need to preserve Celery Avenue in the rural nature it has always been. He showed on the map where Celery Avenue was routed before the new Douglas Stenstrom bridge was built and gave its history stating it was the only way to go to East Volusia County and the beaches from Seminole County. He said progress and change happened and the area grew. Today, they are at the point where SR 415 is being overtaxed and there are plans to enhance it and Celery Avenue as well. The point is the change came because the area grew. Cameron Heights is bringing about change also and that change brings in the finances and capital for further infrastructure. He asked the Board to approve Cameron Heights.
Ali Mawji, 520 Wilton Circle, addressed the Board to state he owns some of the land on the subject property and he does feel this project will bring a lot of money into the City of Sanford. For that reason, he feels the Board should pass this request.
Carolyn Stenstrom, 181 Wimbledon Circle, representing a real estate trust that has ownership of 120 acres of the subject property, addressed the Board to state she is in favor of the project. Also, she has been in real estate for 40 years. She said planned unit development is the best way to accommodate the greatest good for the greatest number of people. She has talked with the developers and they are very professional. She hopes the Board will approve the project.
The following persons yielded their speaking time to Ken McIntosh, who was speaking in opposition to the project: Mary McIntosh, Joyce Sawyers, Blake Sawyers, Christa Andres, Sally Rosemond, Barry Hicks, and Joe Hunt.
Ken McIntosh, 921 Powhatan Drive, addressed the Board to state he hopes today to send a clear message to Governor Bush, the Department of Community Affairs, citizens of Central Florida and of Seminole County that Seminole County is the natural choice and that it remains the natural choice. He said there is no joint planning agreement and the Land Planning Agency voted 7 to 0 to recommend denial of the request. At the February 8, 2005, meeting, the BCC was concerned about the joint planning agreement (JPA); and the DCA is likewise interested in the JPA between Seminole County and the City of Sanford. The Director of Environmental Affairs and the St. Johns River Water Management District indicated that the availability of the agreement to serve an IGC5 must be taken care of in order to facilitate the acceptance of this project. He gave some details on the joint planning agreement that expired with the City of Sanford and what happened following that. He advised that on May 4, 2005, the City of Sanford verified to him that the only JPA in existence is that which was tendered unilaterally by the City on May 5, 2003. He stated Linda Burnett, Director of Government Affairs at the St. Johns District, has indicated it is necessary to receive a certificate from the City of Sanford that capacity is available from the City of Sanford if the project is annexed. He stated there is no certificate from the City of Sanford that it is capable of having available water to this project considering the following: subdivisions in place including Celery Farms and Celery Lakes; subdivisions subject to approval including Celery Estates North, Celery Estates South, Raintree and the proposed Cameron Heights. He stated the Consumptive Use Permit dated December, 2004, does not substantially meet the requirements specified by the Director of Community Affairs. It was mentioned in the DCA’s ORC Report that “they will get a school even when this plan is rejected.” He said there have been arms’ length dealings between the developer and the School Board that are subject to a contract of specific performance in the event the School Board does not close. He stated the School Board has always been opposed to the Cameron Heights project because of deficiencies in the elementary, middle school and high school census. He read from the DCA letter and a statement from the staff’s response that says, “non-residential uses are universally recognized as being more suitable adjacent to an airport and more compatible with airport overflight activity. The preponderance of non-residential uses is internally consistent with the vision of the County’s Comprehensive Plan for this area to develop as industrial parks, corporate business parks, office complexes, commercial developments and attendant retail services and hotel uses and medium to high density residential uses.” Mr. McIntosh said this has been the position of the staff until Cameron Heights came across the board. At that time, the statement was made that this housing is necessary to meet the needs of the airport. He said they need hard data and strong numbers to support the anticipated need for housing to meet the clear, anticipated employment needs specified by the Airport Director. He advised that an avigation easement is a property right that is subject to condemnation. He said it is obviously a problem for this community development to be in this close proximity to the airport. He stated one of the inclusions in response to the ORC by the County is the Airport, City, and County of Seminole JPA. This project is outside the airport’s layout planned boundary. He advised that two miles from the intersection of SR 415 and SR 46, the City of Deltona has just given consideration to the Reed-Ellis development which flows from Reed-Ellis Road to Kove Estates. This is 1,856 houses to be developed in that area. There has not been any information about this coordination with reference to this development.
Mr. McIntosh commented about matters brought before the Board today concerning the development with the suggested changes; meetings in the area with the developer; the matter of undersized commercial; the source of the data on employment and types of businesses; the development adding to the tax base of Sanford and not to Seminole County; a sector plan in the area from Brisson Avenue east to SR 415 and SR 46 north to the St. Johns River that resulted in the Celery Avenue sector; and no mention in the development order of the overlay standards that were prepared over four years in conjunction with the Celery Avenue area. He requested the Board deny adoption of the Large Scale Plan Amendment, that the land use changes be denied, and there be no further transmittal to the Department of Community Affairs. He also requested the Board to deny the changes to the Future Land Use Map and deny all requests for rezoning. He said they have worked long and hard to point out to the Board in 276 pages (copy of documents received and filed) the problems they think are evident in this regard. Mr. McIntosh stated Midway needs help and needs to be included in a sector plan. He advised that the Audubon Society is in strong opposition to this plan.
Mr. Satoff gave rebuttal comments covering the reasons for the LPA’s vote of denial; comments about the School Board; and clarification on the tax base for the City of Sanford and Seminole County. He also discussed the types of businesses that would be allowed in the commercial area.
Mr. Matthys read the restricted uses in the C-1 zone.
Commissioner Morris stated he has great concern about the lack of an interlocal agreement with the City of Sanford. The Board has an agreement themselves with respect to the proposed interlocal agreement with Sanford regarding the overlay standards. He asked that if the City of Sanford annexes the property, what is to guarantee that the overlay standards will go with the land.
Mr. Matthys said he does not believe there is a guarantee at this point.
Mr. McMillan stated if the City annexes the property, it will be subject to the development order the County puts into place. The City would then have the authority to change the development order if it goes through the process to do so. The County could object, but the jurisdiction is in the City once it annexes the property.
Commissioner Carey commented about the draft Celery Avenue development agreement. She said there are people in this area who have water from Sanford that are not annexed into the City. That is an option the City has. She stated until the City of Sanford gets contiguous property going out to this subject property, they could not annex it. She advised she has worked with Mayor Kuhn to try to move the Celery Avenue agreement forward and deal with issues concerning Midway. At this point, she thinks the best the Board can do, if the Board decides to move this project forward, is to put the restrictions in that will best protect the community.
Mr. Satoff stated he will commit to not seek any change to this plan. He believes the water and sewer service agreement with Sanford has been in place since 1990. He knows that once the property is annexed, it is subject to the development order, and the County is giving Sanford what the Board finds to be important with this project. He said this is an opportunity the County would not have had if he had done the straight annexing. He also said if there were a way to get utilities without annexing, he would do that.
Commissioner Van Der Weide stated that the Board still has the ongoing problem that the City of Sanford is in a state of flux and has been since the beginning of this project. Commissioner Carey has been trying to work with the City, but there are new people on the block. County staff and others have also been working with the City and it’s embarrassing they can’t get some concrete agreement, and he definitely feels there will be annexation.
Commissioner Morris stated they do need to work with the Sanford Mayor, as Commissioner Carey is doing, and the County needs some direction on three critical issues mentioned by Mr. McIntosh.
Commissioner Morris questioned Mr. Satoff on some issues raised by Mr. McIntosh on the school site and whether the avigation easement is a condemnation.
Mr. West responded to the question about staff being opposed to residential in this area because of the airport noise parameters until the proposal was made for Cameron Heights.
Scott Stegall, School Board, addressed the Board to answer the question by Chairman Henley regarding the standard acreage for an elementary, middle, and high school and the projected number of students.
Upon inquiry by Commissioner Dallari, Mr. Satoff stated he has had discussions with staff about the County’s affordable housing program. He said they are projecting the homes to begin pricing in the $160,000 range and up to $250,000, $300,000 and up. He said he is amenable to the possibility of participating in the County’s SHIP program.
Upon inquiry by Commissioner Van Der Weide, Mr. West advised the issue is still up in the air about Celery Avenue and if Sanford will take it over. He said this is one of the issues to be brought back to the City.
Commissioner Morris discussed with Mr. West that the City agreed in the draft agreement on densities to go with four units to the acre west of the Agricultural Station and three units to the acre at the Agricultural Station and eastward. Whereupon, Commissioner Morris said these are the important things that must be clear when Commissioner Carey meets with the City of Sanford.
Commissioner Dallari asked for a commitment from Mr. Satoff to work with the Community Development Office to provide some type of affordable housing or have an agreement for some type of credit for affordable housing. Whereupon, Mr. Satoff said he is amenable to work out something before the final master plan. He has had experience scattering some affordable housing units throughout a project and he thinks that would be a great idea. He committed verbally to do that.
Mr. West discussed the densities for the adjacent areas already developed.
Commissioner Carey mentioned she had a request from the Midway community about helping them take over the utilities in Midway. She discussed this with staff who responded this is a service area of Sanford, so it makes sense for Sanford to take that community in because the County has no services there. She said she is also trying to get that as part of the agreement with Sanford.
Mr. McIntosh commented regarding the overlay standards; that in 1967 the Indian Mound Association gave to Sanford their water system; the annexed parcel which he said will not stand a judicial review; and outparcels that are enclaves.
Mr. Satoff pointed out that the County is receiving no tax dollars for the subject property now and if he develops it, the County will receive more whether it is annexed or not.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner Carey stated she thinks a planned unit development of this magnitude can only benefit this area. She doesn’t think water is an issue because the City of Sanford provided a letter stating they have the capacity and are willing to serve this area. She said Dr. Vogel contacted her personally and he is excited about the school site he has negotiated for with Mr. Satoff and the prospect of putting a multiple use facility on the site. She thinks Mr. Satoff’s willingness to have an avigational easement takes care of the airport’s issue.
Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the proposed map amendment from Suburban Estates (SE), Low Density Residential (LDR), Industrial, and Commercial to Planned Development (PD); and adopt Ordinance #2005-21, as shown on page _______, rezoning the property from Agriculture (A-1), Industrial (M-1), Retail Commercial (C-1) and Retail Commercial (C-2) to Planned Unit Development (PUD); as described in the proof of publication, Robert Zlatkiss, with the following amendments to the Development Order, as shown on page _______, adopted February 8, 2005 as amended and presented today to the Board: Item “a” to remain at 996 units (which includes the school site) that is four units per net buildable acre; Items “p,” “q,” and “qq” to have the language inserted staff provided about the avigational easement (copy received and filed); Item “aaa” language will be revised to say the applicant will meet concurrency (staff’s recommended language will be inserted); and add Item “hhh” giving the staff recommendation dealing with water and sewer.
Under discussion, Mr. Matthys advised Commissioner Morris that if the applicant does not meet concurrency he cannot move forward with the project.
Commissioner Dallari noted, for the Record, that the applicant will work with the Community Development Office prior to final master plan adoption to look at some type of affordable housing units for this project.
Commissioner Carey clarified that the intent of the Board would be the applicant could use standard County square footages on the affordable housing units.
Chairman Henley commented that property rights are not the exclusive domain of the applicant. It is the collective responsibility of the Commission to determine how the property is going to be developed because it has an impact on all the people in Seminole County. He said he has also talked with Dr. Vogel and this school will probably open up being overcrowded because of all the other developments. He thinks it is important for the Board to consider the way this project is gerrymandered throughout the entire sector. They will open up this entire sector to annexation and the County does not have an agreement with the City of Sanford. One of their disagreements has been over densities and he thinks it is a mistake for the Board to move forward with this project until they are able to come up with an interlocal agreement and have assurance from the City of Sanford that they have the capacity. He said the entire sector should be master planned if they want to protect the entire section. This will bring in additional revenues if developed, but it will also bring in additional costs to the taxpayers. In the development order, they will be adding 2,000 trips per day to roads they know are already at Level of Service F and they are not in the five-year plan to be upgraded. He said, in his opinion, there are too many negatives to support this motion.
Commissioners Carey and Morris responded to comments by Chairman Henley.
Commissioner Dallari called the question for the vote.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
-------
Chairman Henley recessed the meeting at 4:50 p.m. and reconvened it at 4:58 p.m.
COMPREHENSIVE PLAN-RURAL BOUNDARY MAP
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Comprehensive Plan-Rural Boundary Map and legal description for the rural area as authorized by the Home Rule Charter Amendment approved by the voters of Seminole County in the November 2004 General Election, received and filed.
April Boswell, Senior Planner, addressed the Board to present the request. She advised the DCA did not find an objection or comment on this item and staff is recommending adoption of the amendment to the Comprehensive Plan.
Commissioner Carey advised she received an e-mail (copy received and filed) from the Sustainable Community Advisory Council. All the Commissioners acknowledged their receipt of same and Chairman Henley entered the e-mail into the Record.
Richard Creedon, President of the Geneva Citizens Association and speaking on behalf of the Eastern Seminole County Rural Lands Coalition, 1172 Apache Drive, addressed the Board to state they in the rural lands would like to thank the County Commission and County staff for their hard work to preserve the open space in the eastern part of the County. He said if the Charter Amendment is ruled to be invalid by the Court, they urge the Commission to approach the voters again with language that is acceptable to the Court. He said this is the will of the people as shown by the victory on the amendment in 2004. He urged the Board to stay the course and continue to work in partnership with them so they can carry out the wishes of the electorate by preserving and enhancing their natural heritage.
Chairman Henley read into the Record the comments from the Sustainable Community Advisory Council.
Anthony Darganese, 225 E. Robinson Street, Winter Springs City Attorney, addressed the Board to state their objection. He said the City of Winter Springs opposes implementation of the Charter Amendment at this time as Judge Alley has invalidated the amendment. The basis of the objection is for all the reasons stated at the trial court. He requested the Commission to not proceed at this time. He said Winter Springs has been acting in good faith despite their disagreements on the legal issues. The City has established a Rural Area Committee of its own and appointed members to that last evening and, hopefully, they will begin their work soon.
No one else spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve the proposed text amendment to add the Rural Boundary Map and Legal Description for the Rural Area authorized by the Home Rule Charter Amendment, which was approved by a majority of voters of Seminole County in the November 2004 General Election, as exhibits in the Future Land Use Element (FLU) of the Seminole County Comprehensive Plan (Vision 2020 Plan) and add text to the FLU Issue 11 “Protection of Rural Areas,” based on staff findings; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
TEXT AMENDMENTS
Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an ordinance that includes the proposed text amendments to the Future Land Use and Transportation Elements of the Seminole County Comprehensive Plan relating to the Higher Intensity Planned Development-Airport Area and vicinity, received and filed.
Tony Matthews, Principal Planner, addressed the Board to present the request, stating the Department of Community Affairs had an objection to the proposed text amendments and recommended the policies include a breakdown of the mix of uses (residential and nonresidential) that would be allowed in the HIP-Airport area. He said staff made those changes and believe the responses prepared will satisfy the DCA’s objection. Staff is recommending the Board enact an ordinance that includes the proposed text amendments to the Future Land Use and Transportation Elements of the Seminole County Comprehensive Plan to ensure compatibility between permitted uses within the HIP-Airport area and vicinity, and the operations and expansion of the Orlando Sanford International Airport.
Commissioner Carey stated staff did spend a lot of time working with the Airport Authority and their attorneys. She said this is typical of what other airport areas do to help protect the airport areas.
Motion by Commissioner Carey, seconded by Commissioner Morris, to approve the proposed text amendments to the Future Land Use and Transportation Elements of the Seminole County Comprehensive Plan to ensure compatibility between permitted uses within the Higher Intensity Planned Development-Airport area and vicinity, and the operations and expansion of the Orlando Sanford International Airport with Attachment A of the staff report and with staff findings and with the appropriate map, Attachment G; as described in the proof of publication.
Under discussion, Diane Crews, Orlando Sanford Airport, addressed the Board to state they worked very closely with County staff, the County Attorney’s Office and Commissioner Carey and they appreciate all the time given to this. She said the language revised in Attachment A is acceptable to them.
No one else spoke in support or in opposition.
Districts 1, 2, 3, 4 and 5 voted AYE.
2005 SPRING CYCLE LARGE SCALE
PLAN AMENDMENT ORDINANCE
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Spring 2005 Cycle Large Scale Plan Amendment Ordinance, received and filed.
Mr. Matthews presented the request, stating this ordinance will include the land use and text amendments, including the amendments adopted on February 8, 2005, and this date of May 10, 2005, as follows: The Florence Arbor Planned Development, Red Bug Road/Cooper Townhomes, Hilltop Drive/Longwood-Lake Mary Road, NW 46 PUD, Cameron Heights PUD, Airport Policies, and the Rural Boundary Amendments.
No one spoke in support or in opposition.
Commissioner Morris noted for the Record that some Commissioners did not vote in favor of all the amendments.
Motion by Commissioner Morris, seconded by Commissioner Carey, to enact Ordinance #2005-17, as shown on page _______, adopting the Spring 2005 Cycle Large Scale Plan Amendments to the Vision 2020 Seminole County Comprehensive Plan; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
MID-YEAR BUDGET AMENDMENT/
FISCAL YEAR 2004/2005
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the appropriate Mid-Year Budget Amendment Resolution for Fiscal Year 2004-2005, received and filed. The Mid-year Budget Amendment Booklet was received and filed.
Fiscal Services Director Lisa Spriggs addressed the Board to present the request. She advised the total budgetary amendment is $56,865,783. She also advised staff included a summary (copy received and filed) of the hurricane relief funding and included an impact of the municipalities, as requested. She reported the County should receive approximately $10 million in hurricane relief funding within the next week.
Commissioner Morris stated the concern he has had is that staff keeps putting out information that says Seminole County but it leaves out the information for the cities. He said for some reason the cities have had a much higher collection rate in terms of receivables from FEMA than the County. He doesn’t understand what the complications are, but if there are some, they need to know why. He thanked Ms. Spriggs for getting the information together and said he hopes the Board does not have to request it again in the future.
Mr. Grace asked for clarification and said he understands the public information aspect when communicating to the public on what the impacts on the County are as a whole, but when talking about the County’s financial impacts, the County basically don’t have any jurisdiction over the cities and what they are doing. He said the financial condition staff is proposing, as it relates to the storms, is directly related to the County and County government. He said staff can try to provide information for both entities in the future, but the primary responsibility was to provide the County’s finances as related to the storms.
Commissioner Morris stated he understands the mid-year budget is about the County. He asked for a comparison particularly to see how the County is performing and they are not performing well as compared to the cities. This is a great concern because it rests in the Board’s mind if the County is going to get the collectibles. He said this has been a repeated request and he still doesn’t think the staff gets the message relative to providing information to the public that makes sense.
Commissioner Carey said she thinks there should be a way to streamline the budget and make it more understandable. She said all the cities she has talked to have collected at a much higher rate than the County. She would like to have Mr. Grace come back and report on how the collections are going on a regular basis.
No one spoke in support in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to authorize the Chairman to execute the appropriate Mid-Year Budget Amendment Resolution #2005-R-88, as shown on page _______, for Fiscal Year 2004/2005; as described in the proof of publication.
Under discussion, Commissioner Morris stated his comments were not criticisms of the staff and are not a reflection of the information presented today for the Board.
Commissioner Dallari agreed that staff did an outstanding job on the presentation today.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S REPORT
Chairman Henley advised Gary Earl has made some recommendations to the Board for vacancies on the Workforce Central Florida Board of Directors. He concurs with the recommendations as he has not heard otherwise from the Commissioners.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to appoint Dennis Bowman and Dyke Shannon to fill the vacancies on the Workforce Central Florida Board of Directors representing Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMITTEE REPORTS
Chairman Henley said the Board received recently a memorandum (copy received and filed) regarding the Combined Services Commission (Joint City/County Advisory Committee). He reported he met with the Mayors regarding this proposal and all were present with the exception of the Lake Mary Mayor. He distributed a copy of the draft minutes (received and filed) to the Commissioners and reviewed the changes the Mayors wanted to make to the proposal. The Board discussed the proposed membership.
Commissioner Carey suggested Chairman Henley report to the group that the Board consensus is that the membership be made up of two elected officials from each city and county, the Mayor or his designee selected by the City representatives; the business person from the City of Winter Springs to be selected by the Committee and add one Private Business Association (PBA) member.
Chairman Henley recommended Commissioner Morris as the other elected official on this Commission representing Seminole County BCC.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to appoint Commissioner Morris to the Combined Services Commission (Joint City/County Advisory Committee) representing Seminole County BCC along with Commissioner Henley.
Districts 1, 2, 3, 4 and 5 voted AYE.
The following Communications and/or Reports were received and filed:
1. Letter dated 4/14/05 to BCC from Diane Pickett Culpepper, Bright House, re: Sponsoring the Seminole County Public Schools A Night of Stars-Teacher of the Year program.
2. Memorandum dated 4/18/05 to BCC (with attachment) from David Medley, Ph.D., Community Services Manager, re: Status Report for Community Services Agency Grants.
3. Letter dated 3/30/05 to Property Owner from Joseph Berenis, PE, Deputy Exec. Director, Orlando/Orange Co. Expressway Authority and Anne Brewer, PE, District Project Development and Environmental Engineer, Fla. Department of Transportation, re: Project Development and Environmental Study for the Wekiva Parkway project. (cc: BCC, Co. Manager, Deputy Co. Managers, Public Works Director, Co. Engineer, Support Services)
4. Copy of memorandum dated 4/15/05 to Sandy McCann, Supervisor, Co. Commission Records, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submissions into Co. Records.
5. Memorandum dated 2/7/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer-Criminal Justice Center Project #00187801.
6. Memorandum dated 2/7/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer-Parking Lot Lights for Red Bug Lake and Sanlando Parks Project #0-222401.
7. Copy of memorandum dated 4/13/05 to Robert Wilson, Director, Co. Finance, from Donald Eslinger, Sheriff, re: Hurricane Ivan reimbursement.
8. Letter dated 4/8/05 to BCC from Diane Pickett Culpepper, Bright House, re: New customer service office in Seminole County.
9. Copy of letter dated 4/14/04 to Rob Bugnacki from Francisco Torregrosa, Planner/Ecologist, re: Astor Farms wildlife.
10. Letter dated 4/11/05 to Chairman from William Silliman, President, Home Builders Assoc., re: Urging the hiring of additional inspectors. (cc: BCC, Co. Manager, Deputy Co. Managers, Building Official)
11. Copy of letter dated 3/04/05 to Lauren Milligan, Environmental Consultant, Fla. State Clearinghouse-Department of Environmental Protection, (with attachment) from Anne Brewer, PE, District Project Development and Environmental Engineer, Fla. Department of Transportation, re: Advance Notification for SR 46 PD&E Study. (cc: Co. Manager, Deputy Co. Managers, Public Works Director)
12. City of Sanford Notice of Public Hearing to consider rezone April 21, 2005. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager, Support Services)
13. Notice of meeting and agenda for Seminole County Port Authority Meeting April 20, 2005.
14. Letter dated 4/6/05 to BCC from Congresswoman Corrine Brown re: Lady Liberty dedication on 4/14/05.
15. Letter dated 2/4/05 to City and County Managers (with attached report) from Roger Desjarlais, County Administrator, Broward County, re: Annual Report for FY 2003/04.
16. Letter dated 3/14/05 to Chairman (with attached report) from Allan Keen, Chairman, Orlando/Orange County Expressway Authority, re: 2004 Annual Report.
17. Copy of letter dated 4/12/05 to Journey with Jay, Inc. from Jane Peterson, Library Services Manager, re: Appreciation for recent book donations.
18. Contract for services, as shown on page _______, between Seminole County and the following: James Bonomo (Slow Pitch Softball Umpire), Kevin Johnson (Slow Pitch Softball Umpire), Diane White (Scorekeeper Slow Pitch Softball), and Lenon Anderson (Slow Pitch Softball Umpire).
19. Copy of letter dated 4/20/05 to Representative Denise Grimsley from Stephen Lee, Deputy Co. Attorney, re: Peggy Green/Big Oaks Ranch located in Seminole County.
20. Letter dated 4/20/05 to Chairman from Clayton H. Wilder, Community Program Administrator, Fla. Department of Law Enforcement, re: Early resolution case management program conclusion. (cc: BCC, Community Services Director, Sheriff’s Office, Fiscal Services Director, Co. Manager)
21. Letter dated 4/17/05 to BCC and R.B. Matthews, Principal Engineer, Progress Energy, (with attached petition) from Charles and Danielle Dobbs re: Power poles in Dommerich Hills subdivision.
22. Letter dated 4/25/05 to BCC, City Commissioners, Sheriff’s Department, Animal Control, Public Safety, Sanford Mayor and Sanford Police Chief (with attached correspondence) from Wanda Chandler re: Request to change animal trapping laws.
23. Copy of letter dated 4/20/05 to Ray Williams, Seminole Co. School Board, Transportation Department, from Wanda Chandler re: School bus parking.
24. Copy of letter dated 4/22/05 to Danielle and Charles Dobbs from Chairman re: Discussions with Progress Energy and power poles in Dommerich Hills subdivision.
25. Agenda and minutes from February 17, March 17, and April 21, 2005 Historical Commission meetings.
26. 2004 Annual Report from Orlando/Orange Co. Convention & Visitors Bureau, Inc.
27. Letter dated 4/14/05 to Chairman from Sanford City Manager re: Thank you for support and assistance.
28. Letter dated 4/15/05 to BCC from Keith and Monica Oster re: Traveling through Seminole County.
29. Memorandum dated 4/19/05 to BCC (with attachment) from Matt West, Planning Manager, re: Seminole Co. Large Scale Comprehensive Plan Amendment hearing schedules for Fall 2005 and Spring 2006.
30. Letter dated 4/21/04 to Chairman from Roy Smith, President-Prime Construction, re: Mutual termination of contract for convenience (Markham Woods Road). (cc: BCC, Co. Manager, Deputy Co. Managers, Public Works Director)
31. Memorandum dated 4/21/05 to BCC (with attachment) from Kevin Grace, Co. Manager, re: Capital Project Fund Transfer-Historical Museum.
32. Letter dated 4/29/05 to Chairman (with attachments) from James Stansbury, Acting Regional Program Administrator-Department of Community Affairs, re: Review of proposed Comprehensive Plan Amendment. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)
33. Letter dated 4/22/05 to Government Official (with attached synopsis) from Jeffrey Bartel, Vice President, External Affairs, Florida Power & Light, re: Florida Power & Light petition for base rate increase. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)
34. Memorandum dated 4/19/05 to All Florida Counties (with attachment) from Bob Cole, Santa Rosa County Commissioner, re: Opposition to HB 1173 and SB 232 (Growth Management) (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)
35. Memorandum dated 4/29/05 to BCC and Kevin Grace, Co. Manager, from Jerry McCollum, Co. Engineer, re: Review of current wall policy on major roadway projects.
36. Letter dated 4/29/05 to BCC from Tricia Johnson, Representative Community & Government Relations-Orlando Regional Healthcare, re: Values and benefits of Volunteer Programs.
37. Letter dated 4/29/05 to Chairman (with attachment) from R. Alexander Glenn, Progress Energy, re: Petition for rate increase. (cc: BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)
38. Copy of letter dated 4/28/05 to Ray Valdes, Seminole Co. Tax Collector, from Cathy Collins, Budget Supervisor-Department of Revenue, re: 2005/06 Budget development. (cc: BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director)
39. Copy of letter dated 4/29/05 to Honorable Thomas Walter and Oviedo City Council Members from Commissioner Randall Morris re: Proposed development at CR 426 and Oklahoma Street.
40. City of Lake Mary Notice for Public Hearing re: Final Plat revision on 5/19/05. (cc: BCC, Co. Manager, Deputy Co. Managers, Planning & Development Director, Planning Manager)
41. Copy of memorandum dated 4/29/05 to Sandy McCann, Supervisor, Co. Commission Records, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submission into Co. records.
42. Letter dated 4/21/05 to Chairman (with attachments) from Michael Napier, Administrator, Seminole Co. Health Department, re: Second quarterly report.
43. Copy of letter dated 4/27/05 to Steve Miller, Executive Director, S. Seminole N. Orange Co. Wastewater Transmission Authority, from Kevin Grace, Co. Manager, re: Replacement members.
44. Contract for services, as shown on page _______, between Seminole Co. and the following: Stephan Dodd (Umpire Slow Pitch Softball), Susan Dodd (Scorekeeper Slow Pitch Softball), and Frank Rogers (Umpire Slow Pitch Softball).
45. Copy of letter dated 4/26/05 to Karen Jacobs, Project Director, Historical Museum, (with attachment) from Robert Martin, Ph.D., Director, Institute of Museum and Library Services, re: Selection for 2005 Institutional Assessment grant. (cc: BCC, Co. Manager, Deputy Co. Managers, Library & Leisure Services Director, Fiscal Services)
46. Memorandum dated 5/6/05 to BCC from Kevin Grace, Co. Manager, re: Acting County Manager May 11-13, 2005.
47. Letter dated 5/2/05 to Chairman (with attachment) from Valeria Hubbard, AICP, Director, Division of Community Planning, Department of Community Affairs, re: Multi-County Hazard Mitigation Workshop and Comprehensive Plan/Local Mitigation Strategy Integration. (cc: BCC, Co. Manager, Deputy Co. Managers)
48. Letter dated 5/3/05 to BCC (with attachment) from Ann Brown Payne, President & CEO, The Alliance, re: 1st Quarter Progress Report.
49. Letter dated 4/30/05 to BCC (with attachment) from John Saboor, Executive Director, and Doug Barclay, Seminole Co Marketing Manager, Central Florida Sports Commission, re: Activities in Central Fla. for March, 2005.
50. Memorandum dated 5/2/05 to BCC and Kevin Grace, Co. Manager, (with attached map) from Jerry McCollum, PE, Co. Engineer, re: Proposed Design/Build Pedestrian Overpass on Lake Mary Boulevard.
51. Memorandum dated 5/4/05 to BCC & Staff, Co. Manager & Staff, Public Works Director & Staff, Roads-Stormwater Division Section Managers & Staff, Roads-Stormwater Division Senior Team Leaders, Roads-Stormwater Division Customer Service (with attachment) from Mike Arnold, Program Manager, Roads/Stormwater, re: Start of Sidewalk repair contract.
52. Copy of letter dated 5/3/05 to Francisco Torregrosa, Planning, from Bob Bugnacki re: Astor Farms Development. (cc: Co. Manager, Co. Attorney)
53. Copy of letter dated 4/4/05 to Department of Community Affairs, (with attached documentation) from Ken McIntosh, Celery/Cameron Concerned Property Owner, re: Opposition to Cameron Heights PUD. (cc: BCC, Co. Manager, Deputy Co. Manager {Planning}, Planning & Development Director, Planning Manager)
54. Copy of letters dated 5/3/05 to Women’s Club of Sanford, from Jane Peterson, Library Services Manager, re: Appreciation for two separate donations.
55. Copy of letter dated 4/21/05 to Mary Locanture from Ken Roberts, Director-Public Safety, re: Appreciation for donation.
56. Contract for services, as shown on page _______, between Seminole County Government and the following: Keith Crider (Umpire Slow Pitch Softball), Angela Neukam (Field Supervisor), and William Bills (Slow Pitch Softball Umpire).
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey advised the next Mayors/Managers meeting is scheduled for May 19, 2005, 7:30 p.m. at the Central Florida Zoo.
-------
Motion by Commissioner Carey, seconded by Commissioner Dallari, to appoint Michael Williams to the Parks and Recreation Advisory Committee for a one-year term ending January 1, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide, to appoint Rosie Szlachetka to the Natural Lands Committee for a two-year term ending January 1, 2007.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner Carey, seconded by Commissioner Morris, to adopt appropriate Resolution #2005-R-89, as shown on page _______, of appreciation to Fred Harden for his service on the Natural Lands Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Carey reported she and Sanford Mayor Linda Kuhn dedicated the Steamboat Historical Marker on April 30, 2005 on the waterfront.
-------
Commissioner Carey expressed her appreciation for the Board’s support on the text amendment on the airport and appreciation to County staff and the Airport staff for their hard work on that. She also reported that the customs area at the airport is going great and being expanded.
Commissioner Carey reported on the recent forum held at the Sanford Orlando Airport hosted by Congressman John Mica with three airports that talked about the growth of aviation.
-------
Commissioner Carey advised of the MetroPlan meeting scheduled for tomorrow morning (May 11) at 9:00 a.m.
-------
Commissioner Carey reminded the Board of the “Alive After Five” event in downtown Sanford on Thursday beginning at 5:00 p.m.
-------
Commissioner Carey announced the Leadership Seminole Graduation is scheduled for Friday, May 20, 2005.
-------
Commissioner Carey advised the Lake Mary “Fun Day on the Trail” is scheduled for May 21, 2005.
COMMITTEE REPORTS, Continued
Commissioner Morris stated at the MetroPlan Orlando meeting, they welcomed back Orlando Mayor Dyer. He reviewed the issue of the $2 surcharge not passing. He said there will be some reporting on that over the next two months and MetroPlan will be back on that.
DISTRICT COMMISSIONERS’ REPORTS, Continued
Commissioner Van Der Weide reported he attended a town meeting hosted by Congressman Tom Feeney and his guest U. S. Senator John McCain at UCF. He said it was a very interesting meeting.
-----
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to appoint the following to the Charter Commission: Ben Tucker, District 3 representative; Pam O’Hab, City representative; and Grant Maloy, representative-at-large.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:49 p.m., this same date.
ATTEST: ______________________ Clerk ___________________Chairman
er/cc