BOARD OF
JANUARY 22, 2008
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY,
Present:
Chairman Brenda
Carey (District 5)
Vice Chairman Mike McLean (District 2)
Commissioner
Bob Dallari (District 1)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Maryanne
Morse, Clerk of Circuit Court
County
Manager Cindy Coto
Deputy
Clerk Carylon Cohen
Commissioner
Henley gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
Awards and Presentations
Janet
Davis, Human Resources Director, addressed the Board to acknowledge those
employees who have graduated from the
David Medley, Community Services Director,
addressed the Board to state that provided to the Board is a draft report (copy
received and filed) from the Central Florida Regional Commission on
Homelessness. The Commission hopes to
finalize the report in February, 2008.
He introduced Paul Partyka, member of the Commission, who would make the
presentation to the Board.
Mr. Partyka addressed the Board and
introduced those who will help on the proposal:
Donna Wyche; Maureen Brockman; and Muffet Robinson. He also recognized others appointed to the
Commission: Chrissy Todd; Paul Slater,
Esquire; Dr. Bernadette Blake; Dave Medley; and Keylor Chan. He gave a PowerPoint (copy received and
filed) presentation covering the following topics: How Many of Our Neighbors are Homeless?; Who
are Our Homeless?; Shall We Allow this to Continue?; Why is Homelessness not a
Front and Center Issue?; History; Central Florida Regional Commission on
Homelessness; A Note (on public and private dedicated providers of services to
the homeless); Recommendations for Implementation, Housing,
Prevention/Self-sufficiency, Supportive Systems, and Healthcare; Cost of the
10-Year Plan; Critical Requirement for Success; and This is a Legacy Opportunity.
Chairman Carey stated one of the big issues
is they have all these agencies but no one is talking to each other. She reviewed the different agencies and said
one of the first steps is to get everybody together. She said there are a lot of beds already
existing; and there is a prevention of foreclosure program through the County’s
Community Resources Department. Also, there
are a lot of things the County has already done. She thinks it is important to get the teams
together to come up with a plan and present that, because she knows that
funding is going to be an issue. She
stated she would think that the homeless issue in
Mr. Partyka stated one of the things they
want to do is have this homeless collaborative.
They want to do the coordination of all these agencies.
Commissioner McLean expressed thanks to Mr.
Partyka and other members of the Commission who stepped up to take this on and
said he thinks this report is an excellent first step. He believes they are doing a great job. On the idea of preventative maintenance and
educating the people, he asked if Mr. Partyka had been in contact with
Workforce. He asked Mr. Partyka to
explain how they are trying to coordinate some of the existing agencies. Mr.
Partyka said the challenge over the next year is to find out what everybody
does and how they can fit together. He
advised they expect to finalize this report in their next meeting on February
13, 2008.
Chairman Carey said one of the things they need
to do is if they are duplicating efforts, somebody has to change what they are
doing.
Commissioner Henley said this is an
excellent report and it is a great start.
He thinks it is important for the group to schedule a work session
regarding the report and ask staff to try to determine what is already being
done, not only by the County but by each of the cities. They need to know what might be
diverted. He thinks there is something
that can be planned regionally, but they have to implement it locally. This is another prime example for the cities
and the County to work together on. This
is a problem they have known exists for a long time. He thinks also it would be well to know what
the faith-based groups are doing. Then
find out how much duplication there is so they can get a plan of action. He said people need to understand that there
is money involved to solve this problem and they can’t solve it if government
keeps taking money away. He thinks the
next step would be to try to get all the information available from the cities
and counties through workshops and see what the circumstances are. He suggested the Board direct staff along
those lines.
Chairman Carey said she is looking to do
that this summer after the Commission on Homelessness has had the opportunity
to finish the report.
Commissioner Dallari commended Mr. Partyka
and everyone associated with this project.
He said it is a regional need. He
agreed with Commissioner Henley that a work session is much needed with the BCC
and other counties. He suggested holding
a work session sometime in the spring.
He would like the Commission on Homelessness to then update the report
based on the work sessions with them and the other cities and counties. He asked Mr. Partyka if he could compile some
information on what it would take in
Commissioner Van Der Weide stated they know
there is obviously a need and he thinks they all recognize that. He said it comes down to a lack of funding
and lack of dedicated funding source.
They need to coordinate all the efforts and need to include the State on
this. He said it always boils down to a
lack of funding to get the job done.
Chairman Carey said she thinks it is
important when they finalize this report to send copies to the House and Senate
and their Legislative Delegation members.
Mr. Partyka advised anyone can review the
full report that is now on their web site at CFHomelessCommission.org.
Chairman Carey recessed the meeting at
10:18 a.m. and reconvened it at 10:29 a.m.
Ms. Coto advised of the following changes
to the agenda: For Item #24, staff has
provided additional information on the scope of services. She is recommending that Item #27, Future
Fire Station #29 Purchase Agreement for Parcels, be pulled from the agenda. She
said she has spoken with staff and would like the opportunity to do some
additional research. She further advised
for Item #28, Resolution recognizing the Institute of Internal Auditors as a
QTI and Interlocal Agreement with the city of Lake Mary, that the new figure
for the anticipated capital investment for this project is $14,821,000. Item #30A, Applicant for a grant application
for the Drug Court Discretionary Program, is an add-on. Also, she said she believes the Board
received the requests for continuance to February 12, 2008, for Public Hearing Items
#39 and #40, Large Scale Future Land Use Amendments and Rezones for James G.
Willard, Shutts & Bowen, LLP, and Reed Berlinsky, KB Home Orlando, LLC.
Commissioner McLean noted that the staff
report for Item #23, Purchase and Sale Agreement for compensatory mitigation
lands for the Lake Drive Project, shows the mitigated size of the property is
10.60 acres while the contract total is 10.8789 acres. He asked for clarification on that.
Jerry McCollum,
Commissioner Van Der Weide asked for
further explanation on Item #27, Future Fire Station #29 Purchase Agreement for
Parcels.
Motion
by Commissioner Dallari, seconded by Commissioner McLean to approve and
authorize the following:
3. Approve
Amendment #1, as shown on page _______, to PS-5185-05/AJR with Boyle
Engineering Corporation,
4. Approve
the negotiated rates and award PS-2404-07/BJH, as shown on page _______, Final
Design Services for CR 426 Safety Improvements –
5. Approve
ranking list and authorize staff to negotiate rates for PS-2468-07/BHJ – Master
Agreement for National Pollutant Discharge Elimination System (NPDES) Services
with CDM, Inc. of Orlando; MACTEC Engineering & Consulting, Inc. of
Orlando; and BCI Engineers & Scientist, Inc. of Orlando. (Estimated usage
of $475,000.00 per year.)
Support Services
6. Approve
liability claim for Estate of M. Gillespie v. Seminole County in the
amount of $114,678.64 inclusive.
Community Service
Community Assistance
7. Approve
and authorize Community Development staff to renegotiate the terms of the
outstanding combination loans to eliminate the need for current payments and,
instead, restructure them on a deferred payment basis.
8. Approve
and authorize the Chairman to execute the Satisfactions, as shown on page
________, of Second Mortgage for households assisted under the SHIP Home
Ownership Assistance Program and the Emergency Repair Housing Program for the
following: Miguel Angel and Janet
DeJesus; Gussie Malone; Raymond B. Miller, Jr.; Victoria Sheppard; Mildred Stewart;
Foundren Washington; Ronald J. Wic; and Mary E. Williams.
Economic Development
Tourism
9. Approve
and authorize the Chairman to execute Application, as shown on page _______,
for Federal Registration of the Seminole County Trademark; and authorize payment
of $375.00.
Fiscal Services
Administration
10. Approve to submit a Grant Application to the State of
11. Approve and authorize the Chairman to execute the Grant Agreement,
as shown on page _______, between the Florida Department of Community Affairs
and
12. Approve and authorize the Chairman to execute the Modification, as
shown on page _______, of the 2006-07 State Homeland Security Urban Search and
Rescue Grant Agreement in acceptance of revisions to the expiration and
reimbursement dates, and the method of award.
13. Authorization by the Board of County Commissioners for the Tax
Collector to publish the 2007 Delinquent Tax Lists in the Sanford Herald at the
quoted rates.
14. Approve and authorize the Chairman to execute
Resolution #2008-R-40, as shown on page _______, implementing Budget Amendment
Request (BAR) #08-36 through the Public Safety Federal Grants fund in the
amount of $43,649.00 to increase funding for training relative to federal homeland
security efforts.
15. Approve and authorize the Chairman to execute
Resolution #2008-R-41, as shown on page _______, implementing Budget Amendment
Request (BAR) #08-37 in the 1991 Infrastructure Sales Tax and South Central Impact
Fee Funds for the amount of $106,000.00 to provide funding for mitigation
expenditures related to the
16. Approve and authorize the Chairman to execute
Resolution #2008-R-42, as shown on page _______, implementing Budget Amendment
Request (BAR) #08-38 through the Public Safety Federal Grants fund in the
amount of $89,803 to decrease appropriations in accordance with modification of
the FY 06/07 State Homeland Security Urban Search and Rescue Grant Agreement.
17. Approve and authorize the Chairman to execute
Resolution #2008-R-43, as shown on page _______, implementing Budget Amendment
Request (BAR) #08-39 through the 2001 Infrastructure Sales Tax & Natural
Lands/Trails Funds in the amount of $3,763,395 to adjust funding of the SR 434
Underpass and related utility reimbursement projects.
18. Approve and authorize the Chairman to execute
Budget Change Request #08-13 in the Water and Sewer Bonds/Series 2006 and Water
and Sewer Operating Fund for the total amount of $6,563,451 to increase funding
for capital projects.
MSBU
19. Approve and authorize the Chairman to execute
a Premium Lighting Agreement, as shown on page _______, between
Planning and Development
Development Review
20. Adopt and authorize the Chairman to execute
Resolution #2008-R-44, as shown on page _______, to vacate and abandon a 7.5
foot platted utility easement located at the southwest corner of Lot 11, The
Reserve At The Crossings Phase Two, recorded in the Public Records of Seminole
County, Florida in Plat Book 35, Pages 50 through 52 in Section 18, Township 20
S, Range 30 E, and further described as 370 Dawnview Court; Victor Norberg.
21. Authorize release of Irrevocable Letter of
Credit #319947 in the amount of $8,250 for Markham Woods Enclave. (King
Builders, LLC, Rex Crane, representative)
22. Authorize the release of Performance Bond
#K07509352 in the amount of $1,083,477.77 for Copper Chase. (KB Home Orlando,
LLC)
Engineering
23. Approve and authorize the Chairman to execute
a Purchase and Sale Agreement, as shown on page _______, for the necessary
compensatory mitigation lands for Phases I and II of the Lake Drive Project
(Capital Improvement Project #012401).
24. Approve and authorize the Chairman to execute
a Revenue Agreement, as shown on page _______, between the St. Johns River
Water Management District and
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean, to approve and
authorize the following:
Litigation
25. Approval of the proposed negotiated settlement relating to
Parcel Numbers 122/722A/722B/722C of the County Road 15 road improvement
project; Small Bay Partners, LLC property. The proposed settlement is at the total sum of
$217,352.00 inclusive of all compensation to the owner, attorney fees of any
kind, all costs, interest and any other matter for which
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officer’s
Consent Agenda
Motion by Commissioner Henley, seconded
by Commissioner Van Der Weide, to approve and authorize the following:
Clerk’s
Office
26. Approval of Expenditure Lists, as
shown on page _______, dated December 26 and 31, 2007;
Districts 1, 2, 3, 4 and 5 voted
AYE.
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The
Board noted, for information only, the following Clerk's "received and
filed”:
1. Certificate,
as shown on page _______, of No Recall for Florida Jai-Alai, Inc.
2. Term
Contract IFB-3101-05, as shown on page _______, with Practical Products Group,
LLC.
3. Work
Orders #57 and #58, as shown on page _______, to RFP-4214-04.
4. Change
Order #1, as shown on page _______, to Work Order #5 for CC-1075-06.
5. Maintenance
Bond, as shown on page _______, for
6. Audit
review, of the Development Review Fund dated December, 2007, prepared by the
Internal Audit Division of the Clerk of the Circuit Court.
7. Memorandum
to Chairman Carey from Maryanne Morse, Clerk, regarding interest paid under the
Prompt Payment Act.
8. Sixth
amendment, as shown on page _______, to IFB-3063-03, Harcros Chemicals, Inc.
9. Sixth
amendment, as shown on page _______, to IFB-3072-03, Harcros Chemicals, Inc.
10. Recorded Perpetual Drainage Easement, as shown on page _______, per
Joint Facilitation of Public Infrastructure Agreement approved by the BCC on
Oct. 9, 2007.
11. Development Orders, as shown on page _______, for Lois Mae Paulucci
Revocable Trust (L&L Acres) and WRI University Palms, LLC (4250 Alafaya
Trail).
12. Recorded Temporary Construction Easements, as shown on page
_______, for John Grimes and Diego and Hilda Santiago per binding Written
Offers approved by the BCC on June 12, 2007.
13. Amendment #1, as shown on page _______, to Work Order #1 for
PS-0127-05.
14. Work Order #1, as shown on page _______, to PS-1681-06.
15. Work Order #18, as shown on page _______, to PS-1074-06.
16. Basic Contract #M-3026-07, as shown on page _______, with Southern
Building Services, Inc.
17. Work Order #23, as shown on page _______, to PS-5190-05.
18. Reflections at Hidden Lake, Inc. leases, as shown on page _______,
assigned to Reflections of Seminole County, LLC, for the following: Tower and Front Space; Tanks; Environmental
Services Project Management; and Community Services.
19. Change Order #2, as shown on page _______, to CC-1114-05.
20. Memorandum to Liz Parkhurst, Planning & Development, from Sandy
McCann, Commission Records, regarding P&D Documents.
21. Certificate, as shown on page _______, of Completion for Work Order
#5 to CC-1284-06.
22. Work Order #24, as shown on page _______, to PS-0381-06.
23. Work Order #18, as shown on page _______, to RFP-0225-05.
24. Work Order #19, as shown on page _______, to PS-1074-06.
25. Maintenance Agreement and Letter of Credit, as shown on page
_______, in the amount of $26,460.75 for Markham Woods Enclave.
26. Maintenance Agreement and Letter of Credit, as shown on page _______,
in the amount of $19,979.70 for C. A. Stone PCD.
27. Bids as follows: PS-2825-07
and PS-2774-07.
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Maryanne
Morse, Clerk, addressed the Board to speak on two issues, one being an update
on the SBA. She said as of last week,
the Board of Trustees has allowed an increase up to 37% to withdraw any money
you have in the “A” fund. This would
include the 15% that was approved in the beginning of December, 2007. That went into effect on January 18. She said, subsequently, as of today, she will
be withdrawing an additional 22% of their funds from the SBA in that “A”
fund. Upon inquiry by Chairman Carey,
she advised that will leave a balance a little under $60 million.
Chairman
Carey asked if they will be able to pull more of the funds out sometime in the
future. Ms. Morse said SBA is
anticipating that a lot of their debt would mature at certain points. A lot of that will mature between March and
April. There is also the indication that
the next major maturity point is in September.
She said she would not anticipate the SBA increasing the allowable
withdrawal up until the September time frame unless something significantly
happens with the markets within the State of
Ms.
Morse said she distributed a memorandum (copy received and filed) earlier to
the Board that she wishes to address.
She said she does not have an issue with the County following the
direction of the Board at their December meeting, but she has an objection,
that to her is almost reprehensible, that the Clerk’s Office, who is
responsible for these, and was not brought into the mix by a simple phone
call. She said this is a duty and
responsibility of the Clerk’s Office and one that she takes very, very
seriously and she thinks her office needs to be brought into the play and into
the action; and not treated like a stepchild. She said had the
Ms.
Coto stated she sent an e-mail to the
Chairman
Carey said, as they just talked about, communication is the key to success for
pretty much everything, so they obviously need to work on this together. She thinks what the Board received from Ms.
Coto was the Board direction to evaluate their policy and to make sure they
were following all the laws and that the proper investments were being done. It was not to evaluate the existing investment
portfolio. She said she and Ms. Morse
have talked about the potential of the Clerk hiring a professional to have as
an advisor. She thinks the intent of the
Board in December was to look to an outside consultant to evaluate the
investment policy to make sure they were following all the rules and the statutes
set that they are required to follow on those investments. She said she thinks it is important that they
have it be a third party. She doesn’t
have any problem with having First Southwest analyze the investment policy per
the structure of the policy and she thinks it’s important that Ms. Morse
continue to move forward with hiring the independent consultant on the
investment pool and if there is any valuation or audit that’s done of that, she
hopes that information is shared with the Board, just like they get the
quarterly investment reports.
Commissioner
McLean said he thinks that makes very good sense. He asked if part of what the outside
consultant is going to do is look at various structures to see how they can
best use the investment policy in the future.
He said they had a discussion at the last meeting on a number of ideas,
including establishing an investment committee.
He brought that up with the idea of not putting that type of pressure
and responsibility on any one person, whether it’s the Clerk or anyone else. He was thinking they would have people on the
ground and if they see a shift of circumstances, they may be able to inform the
Board, hopefully, a little sooner rather than later. He asked if that is what the Clerk is looking
to do with this outside consultant.
Ms.
Morse said she thinks there are several issues with regard to an outside
consultant. Number one, no one six
months ago could have foretold what the potential negative was going to be with
regard to the SBA. In fact, the Board of
Trustees, in her opinion, was somewhat negligent in not having a strong
oversight of its own fiduciary duty. In
regard to the Seminole County office, the biggest issue in investing funds has
always been the lack of having a good, solid cash flow prognosis in knowing
what they’re going to need and when. She
said they did receive copies in December from two of the major
departments. She complimented Pam
Hastings for her valuation on anticipatory cash flow needs through a 12-month
cycle. She also got one from
Environmental Services where they took their budget and divided it by 12 and
said that was what they were going to need.
She said the big issue she’s always had and part of the value of having
a consultant is the ability to sit down and say these are strictly what you’re
going to need; in other words assist us with that cash flow analysis. Ms. Morse stated that in 2007, she had set
aside $265 million of taxpayers money for capital improvement projects because
that’s what her office was told was going to be needed. In reality, they spent $130 million. Instead of having the ability to put those
funds in a T-bill or T-note for a two-year cycle, they opted for a money market
account and, subsequently, with the failure of the SBA, that also put her in
the situation of saying, what happened here.
They didn’t need to be placed in that scenario, whatsoever, but the
Clerk’s Office and
Commissioner
Henley stated he agrees with Ms. Morse.
If they can project into the future exactly what they’re going to need
and when they’re going to need it, but after sitting on the Board for 10 years,
there have been circumstances that come up that cause you to delay a project or
to substitute another project, the amount of monies might be there. That’s probably going to continue to
happen. One of the things he is
concerned about is, does the SBA tell the Clerk what they invest in and how
frequently does she get that information.
Ms.
Morse said that is part of the problem with the local government account; that
there was no transparency whatsoever. It
wasn’t until the end of August that there were some questions being raised by
folks around the State as to why is this interest rate a little bit higher than
what the rest of the entities are doing.
It wasn’t until the beginning of November when Bloomberg got it out and
said wait a minute, you guys have a potential problem that anybody was aware of
it. At that point, when the Bloomberg
report came in is when her office pulled the $240 million out. She said they have to look at it from the
standpoint that for 25 years, the SBA has been a good vehicle. In this particular situation, however, now
they have gotten into a situation, unfortunately (and this is her personal
opinion), where instead of hiring money managers, they were hiring political
appointees. That, coupled with a lack of
oversight by the trustees, led to a potential disastrous situation.
Commissioner
Henley said he thinks it ought to be a requirement that the SBA notify the
entities of what they are investing your money in.
Ms.
Morse stated she thinks with General McMillan in, there are a lot of changes that
are being put into place that haven’t been in place in recent years, and one of
those is transparency. One of those is
also to tighten up what they’re allowed to invest in.
Chairman
Carey said there is no reason why the staff can’t give cash flow projections
with the software they have and, certainly, creating benchmarks is always a
good idea. In any business, you have to know
what your cash flow projections are and where the cash is coming from and where
it’s going to be sitting in between. She
thinks that communication is the key here.
She said the staff will move forward with having their analysis done on
the policy for making sure they are complying with all the rules and the Board
will look forward to Ms. Morse coming back to them, once she has gone through
the process of selecting whoever she is going to hire as the financial advisor,
looking for some benchmarks and those kinds of things.
Regular Agenda
As requested by
Commissioner Van Der Weide, Ms. Coto gave further explanation on her
recommendation to pull from the agenda the request to approve and authorize the
Chairman to execute the Purchase Agreement for Parcels #31-21-31-515-0000-0020
and 31-21-31-515-0000-0030 owned by
Chairman Carey said if
they’re going to be on the front row of a main street in a commercial district,
they’re going to pay top dollar for those sites. There is no reason why they can’t be one off
and behind those commercial developments to not be paying that top dollar. She said she was on the site yesterday and
called the
Commissioner Van Der
Weide asked what triggered the three-bay firehouse when they have always had
two-bay firehouses; and how does staff come to those conclusions.
Ms. Coto said the Public
Safety staff looks at call volume and the type of calls they receive. There is a lot of information they look at
when they decide how many bays, and what size a particular fire station should
be. She said staff has put together what
is considered to be a prototype, based upon some of the concerns expressed as
relates to the fire station on SR 436.
That site had some interesting restrictions related to the configuration
of the site which required them to go to two stories, as well as some
concessions on design standards that were made when they acquired the site from
the original property owner. She said
the staff has heard the Commission’s concerns as to what the future fire
stations should look like.
Commissioner Van Der
Weide said he is wondering if they will be building every firehouse now three
bays instead of two bays and he wants justification on that. He would question having a three-bay fire
station that close to the
Ms. Coto said staff will
explore all his questions and bring back the responses when staff comes back
with a revised recommendation.
Commissioner Henley said
he met with staff last week to discuss this issue and it struck him about the
perimeter of the location with half of it in
Chairman Carey said as dollars tighten up
everywhere, she thinks this is across-the-Board with the cities and the County,
they all need to be talking about what they can do together. It may not be consolidation, but may just be
jointly manning them and doing some things differently.
Commissioner Dallari said he would like to
get some information on Station #65, the joint station between
Ms. Coto said staff has expressed the same
concerns and are in discussion with
Commissioner Dallari asked when does Ms.
Coto think they can get something resolved, as this has been going on for a
long time. She said she can’t control
the actions of
Commissioner Dallari said he would like to
get some information on whether
Chairman Carey suggested Ms. Coto discuss
this with
Chairman Carey summarized that this item is pulled by the
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Bill McDermott, Economic Development Director,
addressed the Board to present the request to approve and authorize the
Chairman to execute a Resolution recognizing the Institute of Internal Auditors
as a QTI; approve and authorize the Chairman to execute an Interlocal Agreement
with the city of Lake Mary to provide 50% of the $112,800.00 local match
requirement; and provide an appropriation of $56,400.00 as Seminole County’s
participation in the QTI tax refund program.
Commissioner McLean said he thinks this is
exactly what this program was meant to do.
He complimented Mr. McDermott on doing a great job and said, hopefully,
the Board will see more of these opportunities.
Mr. McDermott also gave credit to the Economic Development Commission.
Motion
by Commissioner Dallari, seconded by Commissioner McLean, to approve and
authorize the Chairman to execute Resolution #2008-R-45, as shown on page
_______, recognizing the Institute of Internal Auditors as a QTI; approve and
authorize the Chairman to execute an Interlocal Agreement, as shown on page
_______, with the city of Lake Mary to provide 50% of the $112,800.00 local
match requirement; and provide an appropriation of $56,400.00 as Seminole
County’s participation in the QTI tax refund program.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Jennifer Bero, Fiscal Services, addressed
the Board to present request to support Community Based Care of Seminole, Inc. (CBC),
approve submittal of an application to the US Department of Public Health
Services for their Child Mental Health Initiatives Grant Program, and authorize
the Chairman to execute supporting documents.
Michael Bryant from Community Based Care of
Seminole was present to answer any questions.
Chairman Carey noted that the back-up
information states that the CBC is coordinating efforts to accommodate the
required match. She said this is not
something the County has budgeted, nor does she see it being budgeted in the
near future, and the staff needs to make sure that, as the requesting agency, CBC
understands that the Board is looking for them to have those matching funds
available at the appropriate time.
Chairman Henley said he understood that
there was no funding on the County’s part.
The CBC is going to handle the money and the whole works. He asked what risk is it to the County if the
money is misused.
Ms. Bero advised the oversight of the
funding will be coordinated by the County’s Community Services Department, Dr.
David Medley. She explained the County
will be entering into an agreement with CBC that clearly defines what the
expectations are of both parties.
Motion
by Commissioner McLean, seconded by Commissioner Henley, to support Community
Based Care of Seminole, Inc. and approval to submit an application to the US
Department of Public Health Services for their Child Mental Health Initiatives
Grant Program, and authorize the Chairman to execute supporting documents, as
shown on page _______; contingent upon a satisfactory agreement with Community
Based Care, Inc. and the agreement is to come back to the Board for final
approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Bero presented request for Board
direction as to the County remaining as the applicant for a grant application
submitted by the Judiciary to the US Department of Justice for their Drug Court
Discretionary Program. The application
requested $154,059 for enhancements to the Adult Drug Court Program.
Chairman Carey stated she thinks it is
important to try to support the program as it will benefit the citizens who go
through the process.
Commissioner
Ms. Bero advised her understanding is that
the Judiciary has exhausted all other efforts.
Judge Perry said he had spoken to someone at the Supreme Court level and
they are not able to take the grant application without the County as the
applicant. The judges have money for the
match.
Commissioner Henley said he would like some
safeguards put in that the County doesn’t wind up holding the bag in case there
are some misuses. He would like an
agreement on how this is going to operate and where the controls are.
Chairman Carey said maybe the Board can see
the agreement and proposed budget for the
Ms. Coto said she believes the grant application
submitted is very similar to the one the Board saw when they had the budget
discussion earlier in the year.
Betsy Lamb,
Chairman Carey said the Board wants to see
what the money is going to be used for.
She asked Ms. Lamb to resubmit that information along with the agreement
and have that come back to the Board.
She explained that Ms. Lamb needs to go ahead and apply for the grant
because there is a deadline. She asked for
a motion to support moving this forward with the understanding that the
agreement will come back to the Board for final approval.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, for the County
to move forward the grant application submitted by the Judiciary to the US
Department of Justice for the Adult Drug Court Discretionary Program, based on
the discussions today.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Dori DeBord, Planning and Development
Director, addressed the Board to present the request to approve and authorize
the Chairman to execute the 2007 Interlocal Agreement for Public School
Facility Planning and School Concurrency as amended January, 2008. She stated the School Board has begun
implementing school concurrency as of January 1, 2008. They have an application process and the
County and City staffs have been directing people to go to the School Board on
residential projects. She said County
staff will also begin implementing in their application process an addendum
which will allow people to bring their projects to the County and staff will
get those to the School Board for them.
She explained the two changes to the Interlocal Agreement as
follows: Page 17, changed the year from
January 1, 2009, to January 1, 2008; Page 20, removed the 18-month time frame
which staff was going to use to write the Land Development Code requirements
for school concurrency.
Chairman Carey said while they will have
the annual numbers of projected students in July, she thinks it is important
that the BCC gets regular notification in October of the projected and actual
numbers, and maybe again in December as she understands there is another
decline in enrollment at that time.
That’s one issue she would like to make sure the BCC is kept abreast
of. She noted that it is in the
agreement that the application to the School Board is to be made prior to the
development application submittal. She
said she doesn’t know how the County staff would process this with an applicant
making a developer’s application and have not made an application to the School
Board first. She said staff may want to
review that in Section 12.2 of the agreement.
Ms. DeBord explained that the staff is not
trying to circumvent the School Board being able to take the application, but
where staff can be helpful, they would try to do that. she said it is always the applicant’s
obligation, and not the County staff’s, to get the plat to the School Board for
review.
Chairman Carey said while concurrency kicks
in, she thinks it would be useful to the applicants coming for development
review for staff to have a summary of what they need to do and the order in
which to do it. She wants to make sure
they are not getting people in to apply for the development agreement and they
have to wait because they have not done the SIA (School Impact Analysis)
application process.
Ms. DeBord stated staff is notifying people
of that during the pre-application process and they will continue to do that;
and also through the preliminary subdivision process, they are letting them
know of the timing to go to the School Board.
Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and
authorize the Chairman to execute the 2007 Interlocal Agreement, as shown on
page _______, for Public School Facility Planning and School Concurrency as
amended January, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
County
Manager’s Briefing, Continued
Ms. Coto stated regarding the Budget
Amendment Status Report FY 07-08 that when the staff brought the new policies
to the BCC, it was requested that staff bring during a regular Board meeting
those budget amendment items that Ms. Coto has signed off on that the Board
would have previously seen.
The Board had no questions.
Upon inquiry by the Chairman, Ms. Morse
said she had not yet had the opportunity to review the report.
Chairman Carey noted no action was needed;
this was an informational item only.
Mr. McMillan said apparently, the Board’s
Administrative Aides are getting a lot of phone calls about card rooms. He is updating their research regarding what
options the Board would have relative to card rooms. His initial research is that the Board has no
options. Previously, the statute that
authorized card rooms required the
Discussion ensued with Chairman Carey about
how this started. She said this is a
legal process and she would like to have someone in the
Mr. McMillan said he was going to provide a
summary of what would have to be done to tell anyone who calls or the calls can
be forwarded to his Executive Assistant.
-------
Mr. McMillan advised the Orange County
Ethics Task Force has issued their final report. He was waiting for that before he forwarded
it along with a draft of the ordinance from his office to the Commission. The report has a January 29 date on it, so he
is not sure if this is the final report.
He said he would forward the report and await the Board’s direction on
what they would like to do.
Chairman Carey said once they have the
opportunity to review that report and the ordinance proposed by the
-------
Ms. Coto stated she has one inquiry on the
requests for continuance for Public Hearing Items #39 and #40, and she asked if
it is the Board’s desire for her to notify individuals that the Board has the
requests for continuance and will take that up at this afternoon’s meeting.
Chairman Carey advised Ms. Coto to feel
welcome to call those who have made a specific call that she is confident the
Board will be able to honor the requests for continuance.
-------
Chairman Carey recessed the meeting at
11:23 a.m., reconvening at 1:30 p.m.,
with all Commissioners and all other Officials, with the exception of Deputy
Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were
present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize filing the proofs of publication
for this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REZONE/Terra
Engineering/Jamalabad
Continuation
of a public hearing to consider request to Rezone from A-1 (Agriculture) to PCD
(Planned Commercial Development) for approximately 11.26 acres, located on the
south side of
Tina
Williamson, Assistant Planning Manager, addressed the Board to advise that this
item was continued from the December 11, 2007 meeting to allow the applicant to
pursue PCD zoning. The applicant is
requesting the proposed rezone in order to operate a boat/truck/RV rental
facility, a warehouse and a truck repair/storage facility. The requested uses within the PCD are in
accordance with the C-3 zoning district.
Staff is recommending the following buffers: (1) Four canopy trees and four understory
trees per 100 linear feet of buffer on the north property line and a continuous
shrub hedge that will attain a height of 3 ft. within one year of
planting. The trees shall be planted so
that they do not interfere with any power lines; (2) A minimum 8 ft. opaque
wall or fence, 12 canopy trees, 24 understory trees, and 204 shrubs evenly
spaced along the east property line; (3) A minimum 80 ft. opaque wall or fence,
12 canopy trees, 24 understory trees, and 204 shrubs evenly spaced along the
west property line; and (4) A minimum 8 ft. opaque wall or fence and 4 canopy
trees per 100 linear feet of buffer, and a continuous shrub hedge along the
southern property line that will attain a height of 3 ft. within one year of
planting.
Arnt
Vagle, representing the applicant, addressed the Board to advise he accepts
staff’s recommendation.
Ted
Gale,
Ms.
Williamson advised Chuck Blankenship is the owner and Mr. Vagle is the
applicant.
Mr.
Gale discussed the issue of the County wanting him to donate right-of-way on
Alison
Stettner, Planning Manager, addressed the Board to explain that Mr. Gale is
referring to a letter that he received from Mr. Beach regarding the paving
program in which the County asks for volunteer donations in order to pave the
roadway. She stated staff will get with
Mr. Gale after the meeting to explain the right-of-way issue.
Mr.
Gale stated he is on the north side of the proposed property and if they build
that up it will probably make his property flood worse.
Chairman
Carey stated the County guidelines require that the developer keep the
stormwater on their own site and not allow it to run onto other properties.
Maryanne
Morse, Clerk of Court, entered the meeting at this time.
Mr.
Gale stated a retention pond is on part of his property and the road always
stays wet.
Chairman
Carey stated those issues will be taken up as they come in with the master plan
and final engineering plans.
Chris
Lawson,
At
the request of Chairman Carey, Larry Ponder, Development Review Manager,
addressed the Board to explain the process of retention ponds.
Catherine
Rodenburg,
At
the request of Chairman Carey, Mr. Ponder explained the process the County has
relating to protecting endangered species and environmental wetlands. He also reviewed the stormwater issues and
what safeguards are in place.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt Ordinance #2008-4, as shown on page
________, approving Rezone from A-1 (Agriculture) to PCD (Planned Commercial
Development) for approximately 11.26 acres, located on the south side of W.
Chapman Road, between SR 417 and SR 426; and approval of the Development Order,
as shown on page _______, as described in the proof of publication, Terra
Engineering/Rashad Jamalabad.
Under
discussion, Commissioner Dallari stated when this comes back for final site
plan approval, he would like to make sure that the turning radius into the site
is wide enough coming off of West Chapman.
Commissioner
Henley stated he hopes that staff will make every effort to improve the
drainage situation out there so that they can help prevent water runoff.
Chairman
Carey stated one issue is the road is not paved and if it is, that would help
the water from standing in the road. She
clarified the P&Z Commission recommended denial of the request.
Districts
1, 2, 3, 4 and 5 voted AYE.
TEXT
AMENDMENTS TO COMPREHENSIVE PLAN
Proof
of publication, as shown on page ________, calling for a public hearing to
consider adoption of an Ordinance amending the Proposed Text Amendments to the
Comprehensive Plan creating a new Public School Facilities Element and amending
the Capital Improvements, Implementation and Intergovernmental Coordination
elements, and authorize submittal to the State Department of Community Affairs
(DCA), received and filed.
Sheryl
Stolzenberg, Planning, addressed the Board to present the request as outlined
in the agenda memorandum. She stated the
proposed text amendment creates a new element called the Public School
Facilities Element and amendments to the Capital Improvements, Implementation
and Intergovernmental Coordination Elements in order to comply with
requirements of the State law. The draft
amendments to the text of the Comprehensive Plan were submitted to the
Department of Community Affairs (DCA) in August 2007 as well as the interlocal
agreements with the cities and School Board.
Staff received the Objections, Recommendations and Comments (ORC) report
from the DCA in November objecting to the date the concurrency would take
effect. The DCA requested that some of
the language in the interlocal agreement be added into the element. Staff has met with the cities and School
Board relating to the changes and everyone has complied with the
requirements. Staff has changed the
effective date from January 1, 2009 to January 1, 2008.
Ms.
Stolzenberg explained for Commissioner McLean what it means moving the date
back. She stated staff will have
educational workshops with the development industry if needed. The process will be understandable. She said she contacted other counties to see
if DCA contacted them and they indicated that they were notified that this was
the interpretation of the State Land Planning Agency.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt Ordinance #2008-5, as shown on page
________, amending the Proposed Text Amendments to the Comprehensive Plan
creating a new Public School Facilities Element; and amending the Capital
Improvements, Implementation and Intergovernmental Coordination elements; and
authorize submittal to the State Department of Community Affairs (DCA), as
described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
ADMINISTRATIVE
REZONE/Seminole County
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Administratively Rezone approximately 0.09 acres from R-1AA
(Single-Family Dwelling) to C-1 (Retail Commercial), located on the west side
of Alafaya Trail approximately 200 feet south of Remington Drive, Seminole
County, received and filed.
Ian
Sikonia, Planning, addressed the Board to review the administrative rezone
request. He stated per the Seminole
County Comprehensive Growth Management Plan and Vision 2020, R-1AA zoning is
not allowed in the Future Land Use Designation of Commercial. Therefore, C-1 zoning classification will
bring the property into compliance with the Seminole County Comprehensive
Growth Management Plan and Vision 2020.
The P&Z Commission recommended approval of the request with staff
findings. Staff recommends approval of
the request to rezone to C-1.
Susan
Goodwin, President of the Sawgrass Homeowners Association, addressed the Board
to state she doesn’t have anything to say for or against the project as she
doesn’t know what the property will be used for.
Dori
DeBord, Planning & Development Director, addressed the Board to clarify
that the owner of the property is planning to incorporate this into Planned
Development as a gas station site plan.
She stated he’ll probably use it for retention and maybe for some
additional internal circulation within the property. She stated whatever he does; he will have to
modify his approved site plan to incorporate this. The zoning is compatible with the use that he
has permitted out there because it is a small piece of property, there is not a
lot of “stand alone” C-1 zoning that can go on this site.
Upon
inquiry by Commissioner Dallari, Ms. DeBord advised the applicant could bring a
change to the site plan as a minor amendment and the Board could review that.
No
one else spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to adopt Ordinance #2008-6, as shown on
page _______, to approve Administrative Rezone of approximately 0.09 acres from
R-1AA (Single-Family Dwelling) to C-1 (Retail Commercial), located on the west
side of Alafaya Trail approximately 200 feet south of Remington Drive, as
described in the proof of publication, Seminole County, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
ADMINISTRATIVE
REZONE/Seminole County
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Administratively Rezone approximately 1.49 acres from R-1
(Single-Family Dwelling) to R-1BB (Single-Family Dwelling) located on the north
side of
Mr.
Sikonia stated on September 25, 2007, the Board authorized staff to proceed
with administratively rezoning 1.49+ acres from R-1 to R-1BB. Under the Land Development Code, the subject
lots are non-conforming and they do not meet the minimum lot size and width at
the building line required by the R-1 zoning district. An administrative rezone of these parcels
would reduce or eliminate the need for variances, thereby reducing needless
expense to the County and public. The
proposed R-1BB zoning classification requires a minimum lot size of 5,000 sq.
ft. and a width at the building line of 50 ft.
The Future Land Use designation of the subject property is Medium
Density Residential, which allows the requested zoning district. The P&Z Commission recommended approval
of the request based on staff findings.
Staff recommends approval of the rezoning request.
Flossie
Gilbert,
No
one else spoke in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to adopt Ordinance #2008-7, as shown on page ________,
to Administratively Rezone approximately 1.49 acres from R-1 (Single-Family
Dwelling) to R-1BB (Single-Family Dwelling) located on the north side of
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Rolly
Reel
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone approximately 0.227 acres located on the southwest
corner of Faith Terrace and
Austin
Watkins, Planning, addressed the Board to present request, advising that the
applicant is requesting the rezone to allow for a wider variety of general
office uses. The site plan has four
stacked parking spaces. Staff recommends
that during this rezone, the site be approved for Professional and General
Office uses listed as Special Uses in the RP zoning classification, with the
following prohibited uses: Medical and
Dental Offices, Dental and Medical Clinics and Medical and Dental
Laboratories. The P&Z Commission recommended
approval of the request. Staff is
recommending approval of the request.
At
the request of Commissioner McLean, Mr. Watkins explained what the thought
process was in eliminating the medical uses.
Mr.
Watkins reviewed for Chairman Carey the uses that would be allowed on the
property.
No
one else spoke in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt Ordinance 2008-8, as shown on page _______,
rezoning approximately 0.227 acres located on the southwest corner of Faith
Terrace and Maitland Avenue, from RP (Residential Professional) to RP
(Residential Professional), and approval of the Revised and Restated
Development Order, as shown on page ________, as described in the proof of
publication, Rolly Reel, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Lake
Doctors, Inc.
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone approximately 2.15 acres from A-1 (Agriculture) to
M-1 (Industrial), located 100 ft. north of the intersection of E. Lake Mary Blvd.
and Laura Avenue, Lake Doctors, Inc., Jim Williams, received and filed.
Mr.
Sikonia stated the applicant is requesting the rezone to develop a 15,000 sq.
ft. office and warehouse facility.
Greg
Crawford, representing the applicant, addressed the Board to state he will
answer any questions.
No
one spoke in support or in opposition.
District
Commissioner Carey recommended approval of the rezoning request.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt Ordinance #2008-9, as shown on page
________, rezoning approximately 2.15 acres from A-1 (Agriculture) to M-1
(Industrial), located 100 ft. north of the intersection of
Districts
1, 2, 3, 4 and 5 voted AYE.
LARGE
AMENDMENT
& REZONE/James Willard
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request for a Large Scale Future Land Use Amendment from MDR (Medium
Density Residential) to HDR (High Density Residential), and Rezone from PUD
(Planned Unit Development) to PUD (Planned Unit Development) for approximately
26.8 acres, located on the east side of Oregon Street, approximately ˝ mile
north of the intersection of SR 46 and Oregon Street, James G. Willard, Shutts
& Bowen, LLP, received and filed.
Chairman
Carey advised that the applicant is requesting a continuance to the February
12, 2008 meeting and she supports the request.
A letter from the applicant requesting the continuance was received and
filed.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to continue to February 12, 2008 at 1:30
p.m., or as soon thereafter as possible, request to consider Large Scale Future
Land Use Amendment from MDR (Medium Density Residential) to HDR (High Density
Residential), and Rezone from PUD (Planned Unit Development) to PUD (Planned
Unit Development) for approximately 26.8 acres, located on the east side of
Oregon Street, approximately ˝ mile north of the intersection of SR 46 and
Oregon Street, as described in the proof of publication, James G. Willard,
Shutts & Bowen, LLP.
Districts
1, 2, 3, 4 and 5 voted AYE.
LARGE SCALE FUTURE LAND USE
AMENDMENT AND REZONE/Reed
Berlinsky
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request for a Large Scale Future Land Use Amendment from MDR (Medium
Density Residential) to HDR (High Density Residential), and Rezone from PUD
(Planned Unit Development) to PUD (Planned Unit Development) for approximately
28.25 acres, located on the east side of Oregon Street, approximately ˝ mile
north of the intersection of SR 46 and Oregon Street, Reed Berlinsky, KB Home
Orlando, LLC, received and filed.
Chairman
Carey advised that the applicant is requesting a continuance to the February
12, 2008 meeting and she recommends continuing this item. A letter from the applicant requesting the
continuance was received and filed.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to continue to February 12, 2008, at 1:30 p.m. or as
soon thereafter as possible, request to consider Large Scale Future Land Use
Amendment from MDR (Medium Density Residential) to HDR (High Density
Residential), and Rezone from PUD (Planned Unit Development) to PUD (Planned
Unit Development) for approximately 28.25 acres, located on the east side of
Oregon Street, approximately ˝ mile north of the intersection of SR 46 and
Oregon Street, as described in the proof of publication, Reed Berlinsky, KB
Home Orlando, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/R&K
Construction, Kevin Roy
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone approximately 9.90 acres, located northwest of
Mr.
Watkins advised the rezoning request will allow a minimum of 3,600 sq. ft. for
single-family dwellings and a minimum building line of 40 ft. The Future Land Use of the subject property
is Low Density Residential and the Comprehensive Plan Policy 10.1 allows the
net density to be increased to seven dwelling units per net building acre if
affordable standards are met. The
Seminole County Comprehensive Plan Policy HSG 1.6 indicates that the County
shall encourage plan amendments for medium to high density residential
development on infill parcels that front on collector or arterial roadways and
are located near shopping, school and work uses, and are sufficient size to
permit development plans to adequately buffer higher density uses from
surrounding lower density residential developments. Staff finds that this request meets the
intent of this policy as the parcel has direct frontage on
Chairman
Carey stated she knows the LHAP is based on what the MSA for
Mr.
Watkins stated the development order is tied into the LHAP and as soon as the
numbers change, the development order will change.
Robert
McMillan,
Ken
York, York Financial Group, addressed the Board to state in this case, they
have an opportunity to put together affordable, well-designed 1,500 sq. ft.
homes. He said 18 of the 60 homeowners
will be essential-service personnel (police, firemen, teachers). He stated he attended a Workforce housing
workshop to discuss C-WHIP program and about $62 million was deployed statewide
and about 20 projects won money. The
average project size was about 50 to 60 units and he is applying for $3.5
million of state money. He said what he
is asking the Board to do is approve the zoning change from 40 to 60
units. That increased density makes up
the public/private partnership aspect of this program. The $3.5 million will subsidize as a second
mortgage that will forgive over 10 years.
He added he will know by Memorial Day as to whether or not they have the
funding source for this project.
Commissioner
McLean stated the Board has had discussions with the Regional Coalition on
Homelessness and he wants to relay his compliments to Mr. York in trying to
solve these issues. He stated he hopes
the Board can do all they can in assisting Mr. York.
Upon
inquiry by Commissioner Henley, Mr. York advised there is $3.5 million to
divide over 60 homes and they will be making this project 100% to first-time
homebuyers.
Upon
inquiry by Chairman Carey, Mr. York advised that if the homeowner does not stay
there for ten years, it will carry with the home and not be pro-rated.
Ardann
Smith,
Mr.
York stated ten homes will be facing outward along the corridor of the
property. He stated he wants to build a
green-design affordable house for $210,000 but the mortgage is based on
$140,000.
Upon
inquiry by Ms. Smith, Jim Dumbrowsky, Steelwater Technology, addressed the
Board to advise they are not proposing a wall at this time anywhere on the
site. Ms. Smith stated the houses are
going to face
Upon
inquiry by Chairman Carey, Mr. McMillan advised the affordable housing zoning
requires an affordability agreement. The
development order will specify that they must meet the income level as
specified in the LHAP standards. He
stated the other aspect of this is if they don’t get the final plat within 18
months, it can be rezoned back to the current zoning category.
Upon
further inquiry by Chairman Carey, Mr. McMillan advised if the final plat is
not completed within 18 months, staff will have to advise the Board of
same.
Mr.
York informed Chairman Carey that they are planning to build garages on the
houses, and if the Board desires, they can place restrictions that garages
cannot be converted to living spaces.
No
one else spoke in support or in opposition.
District
Commissioner Carey stated with the volunteer commitments made and with the
understanding that if this is not final platted within 18 months, it will come
back to the Board for an administrative zoning change, she would recommend
approval of the request.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to adopt Ordinance #2008-10, as shown on page _______,
rezoning approximately 9.90 acres, located northwest of 22nd Street
and Jones Avenue, from R-1 (Single-Family Dwelling) to R-AH (Affordable Housing
Dwelling), and approval of the Development Order, as shown on page _______, as
described in the proof of publication, R&K Construction, Kevin Roy, with
staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey recessed the meeting at 2:40 p.m., reconvening it at 2:50 p.m.
LEGISLATIVE
UPDATE
Susan
Dietrich, Assistant County Attorney, addressed the Board to state the first
issue is the Citizens Planning Bill of Rights submitted by the Department of
Community Affairs. This includes 13
separate statutory changes proposed by the DCA and will be discussed by
Secretary Pelham at the next Growth Management Advisory Council meeting. She stated she has forwarded this information
to the Planning Department for their review and it will be brought back to the
Board. She stated the other issue is HB
273 submitted by Representative Adams relating to Juvenile Justice sentencing
issues. This contains a proposal that
allows counties to create a Juvenile Crime Prevention fund through assessing
additional court costs. The language
proposed in the current bill extends some of the time periods of
incarceration. The bill will increase
the incarceration cost, which the County is responsible for.
At
the request of Chairman Carey, Ms. Dietrich further reviewed the Citizens
Planning Bill of Rights (13 statutory changes to Chapter 163). A lot of the changes will provide for local ordinances
requiring neighborhood meetings for the Future Land Use Map amendment,
standards for the community meetings, and providing that local government
bodies may conduct one transmittal and one adoption hearing per calendar year.
Chairman
Carey requested that Ms. DeBord review that further and report to the Board in
more detail.
Sabrina
O’Bryan, Assistant County Manager, addressed the Board to review the following
Federal Legislative Priorities: SR
Chairman
Carey and Commissioner Henley discussed the possibility of partnering with the
Commissioner
Dallari stated he feels the Board should ask the surrounding counties to help
them put this on the list so it can be done as a regional effort.
Chairman Carey stated she will have
opportunity to meet with Mayor Crotty to discuss a plan of moving that project
forward. She stated this might be an issue
that can be discussed at the next MPO meeting.
Ms.
O’Bryan continued by reviewing the Commuter Rail Stations project stating staff
is taking a stance that the County is supporting the monies allocated to
individual cities to enhance the development of the rail stations in Sanford,
Lake Mary, Longwood and Altamonte Springs.
Upon
inquiry by Commissioner McLean, Jerry McCollum, County Engineer, addressed the
Board to advise what is being paid under Section 5309, Federal Transit
Authority funds is a platform with a metal roof and kiosk, and anything beyond
that the cities are responsible for. The
cities would have to come up with a 20% match.
A meeting is scheduled with the cities on Thursday, January 17, 2008, to
discuss this issue.
Upon
inquiry by Commissioner Carey, Mr. McCollum advised the city of
Commissioner
Carey stated for those cities that have federal lobbyists, it needs to be on
their federal priority list as well.
Commissioner
Dallari stated he would like to know who the Cities federal lobbyists are, how
much they are asking for, as well as other particulars.
Commissioner
McLean stated staff may want to mention at the meeting this Thursday about
using dollars to upgrade the infrastructure in the surrounding areas where the
stations will be located.
Commissioner
Henley stated
Commissioner
Van Der Weide stated it doesn’t seem like the County is well organized because
they do not know whether the cities do or don’t have lobbyists. The one thing he wants to bring up is the
evaluation of their federal lobbyist contract as he feels they have not
received anything for the money they have spent.
Mr.
McCollum stated he feels that the indemnification of the commuter rail could be
attacked when it goes through the legislative process. He stated staff should be getting more
information from the city of
Chairman
Carey stated that would depend on what happens on January 29.
Mr.
McCollum stated he is supposed to receive information this week and he will
provide it as soon as he receives it.
Upon
inquiry by Ms. O’Bryan, Chairman Carey advised she feels that staff can place a
maximum amount on the commuter rail stations after their meeting on Thursday.
Ms.
O’Bryan stated the next item is the follow-up request for the state and federal
lobbyist contract amounts. She stated
the amount for the State annual contract is $65,000, and $72,000 annually for
the Federal contract. The federal
contract has been in place since 2005 and it will expire September 2008.
Cindy
Coto,
Upon
inquiry by Commissioner Van Der Weide, Mr. McMillan advised the Board can give
them notice at any time to discontinue service.
CHAIRMAN’S
REPORT
Chairman
Carey stated she received a request from Dr. Vogel asking that the Board
appoint someone to represent the County on the Committee that is working on the
student museum. She stated Karen Jacobs
already serves on that committee and she would like to appoint Jennifer Bero to
serve on the committee as well so that she can assist them with getting
grants. The Board had no objections.
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Chairman
Carey stated Connie Kreinbring has resigned from the Disability Advisory Board
and she would like the Board to adopt a resolution of appreciation for her
services on this board.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to adopt appropriate Resolution #2008-R-52, as shown on
page ________, commending Connie Kreinbring for her services on the Disability
Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey stated the 31st Scottish Highland Games started this week at
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Chairman
Carey stated she had an opportunity to represent the County at the Martin
Luther King dinner held Saturday night and she feels the event went well.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated
2.
Letter
dated
3.
Letter
dated
4.
Notice
of Public Hearings from the City of
5.
Letter
dated
6.
Notice
of Public Hearing dated
7.
Letter
dated
8.
Letter
dated
9.
Letter
dated
10.
Letter
dated
11.
Letter
dated
12.
Letter
dated
13.
Letter
dated
14.
Letter
dated
15.
Notice
of annexation for the City of
16.
Letter
dated
17.
Letter
dated
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari recommended appointing Michelle Thatcher (1-year term ending 1/1/09);
Ross Pagano (2-year term ending 1/1/10); and Tom Boyko (3-year term ending
1/1/11) to the Leisure Services Advisory Committee.
Motion by Commissioner Henley, seconded
by Commissioner McLean to appoint Michelle Thatcher (1-year term ending
1/1/09); Ross Pagano (2-year term ending 1/1/10); and Tom Boyko (3-year term
ending 1/1/11) to the Leisure Services Advisory Committee.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari requested that Resolutions of appreciation for services to the
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolutions commending the
following for their services on the Natural Lands, Parks & Recreation, or
Trails & Greenways Committees:
#2008-R-46, as shown on page _______, for Leigh McCachern; #2008-R-47,
as shown on page ________, for Kim Jennison; #2008-R-48, as shown on page
________, for Ken Burns; #2008-R-49, as shown on page ________, for Joan Brown
Bachmeier; #2008-R-50, as shown on page _________, for Dan Anderson; and
#2008-R-51, as shown on page ________, for Debra Reimers.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated an elected official from the City of
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Commissioner
Dallari stated he and Commissioner McLean attended the Martin Luther King
celebration in
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Commissioner
McLean stated he had an opportunity to look at the poster contest for Scottish
Highland Games and he was impressed with the talented artists in
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Commissioner
McLean stated he was appointed to the Drug Task Force and the meetings he
attended were very educational. He
stated the committee is putting together a report for the Governor to look at
during the legislative session. He said
he will share the report with the Board when it is completed.
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Commissioner
McLean stated Nationwide Insurance Special Investigation Unit has a partnership
with the Sheriff’s Office that is called Bait Car Program. He stated a damaged vehicle is repaired and
donated to the Sheriff’s office, and it is equipped with audio and visual
equipment to be used as bait for individuals involved in auto theft.
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Commissioner
McLean stated he will be speaking to the Black Hammock Association tomorrow
night and the media has reported that it is a State-of-the-County address and
that is not the case.
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Commissioner
McLean stated the dedication of the new
Chairman
Carey stated that is going to conflict with the Oviedo Chamber hobnob.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to reappoint Matthew Brown to the Port
Authority for a 4-year term ending January 1, 2012; reappoint Debra
Garrambone-McMenemy to the Animal Control Board for a 1-year term ending
January 1, 2009; and appoint Brian Morgan to the Tourism Development Council
for a 4-year term expiring January 1, 2012.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Van Der Weide stated he attended the Central Florida Zoo meeting and they
discussed a lot of the fundraising opportunities going on.
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Commissioner
Van Der Weide stated he attended the Chamber Breakfast with Congressman John
Mica as the guest speaker and he discussed issues relating to transportation.
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Commissioner
Van Der Weide stated he attended the Regional Planning Council meeting on
January 16, 2008 and submitted a copy of the County’s brochure relating to the
property tax reform and he received mixed reactions to same.
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Commissioner
Van Der Weide stated he attended the Port Authority meeting on January 16, 2008
and things are moving along with 100% occupancy.
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Commissioner
Henley stated he attended the MPO Alliance meeting and it probably wasn’t the
best meeting to attend as there were concerns voiced by some members regarding
the action of the MPO Alliance and the submittal for trip funds. The County’s MPO adopts theirs and the other
counties that is part of the alliance adopts theirs. The MPO make their recommendation to FDOT for
funding and some of the counties were concerned that projects were left
off. A motion was made to continue the
process and he was not in favor of the motion.
There was never a motion to do away with the process. There were discussions with regard to the
proposed changes, and he indicated he was not willing to vote on that as he has
problems with the MPO Alliance passing judgments on what this Board and
Chairman
Carey stated according to the bylaws, it had to be an appointment serving on
the MPO. There has been quite a bit of
discussions from the MPO about that.
Fortunately, one of
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Chairman
Carey advised that Government TV has moved from Channel 9 to Channel 199.
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Chairman Carey advised this Friday, the SCC
Altamonte campus will officially open at 10:30 a.m. The day the classes started they immediately
had a parking problem and Dr. McGee is working on that.
Ms.
Coto updated the Board that the drug prescription program with NACO officially
starts on February 1. She stated staff
will be distributing flyers to pharmacies throughout
Chairman
Carey stated if the Board has any small pharmacies in their districts that
would like to participate in the program, they can contact Dr. Medley so they
can distribute the flyers to them.
Mr.
McMillan stated he received an e-mail from Attorney David Shields indicating
that he contacted the IRS and they indicated that the tax-exempt status for
donations to the Fallen Hero’s Memorial fund has been approved. He stated the County should receive the
letter of approval shortly.
Commissioner
Van Der Weide stated they have not started the fundraising but since they have
the tax exempt status, they will be getting a program going.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:35 p.m., this same date.
ATTEST______________________Clerk_____________________Chairman
cc/er