BOARD OF
JANUARY 23, 2007
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, January
23, 2007, in the SEMINOLE COUNTY
SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Associate Pastor Charles Higgins,
Commissioner McLean led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion
by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate
Resolution #2007-R-13, as shown on page _______, commending all
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to the Charitable Giving Committee.
Angelina Streeter, Committee Chair, addressed the Board to express appreciation and to introduce Mrs. Mike of the Good Samaritan Home. A check in the amount of $37,000 was presented to Mrs. Mike.
Mrs. Mike addressed the Board to express her thanks, stating the employees have done a super job. She presented the Board with a plaque picturing the residents of the home and said each County Department will receive one for their area.
------
Patricia Southward, President of the League
of Women Voters of Seminole County, addressed the Board to state the League has
been working with the
Deidre McNabb, representing the League of
Women Voters for
Commissioner Carey thanked the League for making the presentation, stating that for many years the one issue has been a dedicated funding source for transportation. She urged the League to help in lobbying the Legislature for the ability to get the rental car fee and surtax through.
Commissioner Dallari agreed with Commissioner Carey and stated getting the community involved is key.
Chairman Henley expressed his appreciation
to the League from Seminole,
Commissioner Van Der Weide thanked the
League and stated he hopes to see them in
Motion by Commissioner McLean, seconded by Commissioner Dallari to endorse the League of Women Voters in their efforts to work toward a citizen initiative regarding a dedicated funding source for transportation.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Former Mayor of
Commissioner Carey said that she is glad to see some of the cities considering this because if all the cities go with it, the County could possibly come in and fill in the gaps.
Chairman Henley thanked Mr. Sangiovanni for making this presentation.
-------
The Chairman recessed the meeting at 10:40
a.m., in order to convene the meeting of the
Commissioner Carey requested Item #18,
Architectural & Engineering Services for the
Chairman Henley discussed Item #16, award of CC-1416-06, construction of Fire Station #13, voicing his concerns with the size of the building and need for two designated covered patio/grill areas. He said he hopes, in the future, that the Board will have an opportunity to review plans for construction before a bid proposal is let.
Ms. Coto stated she concurs and will be having discussions with the Department Directors on keeping the Board updated on such projects.
Motion by Commissioner Dallari, seconded by Commissioner Carey to approve and authorize the following:
Budget
11. Budget Amendment Resolution #2007-R-16, as shown on page _______, #07-32 - $760,000 – Public Safety – Fire Protection Fund. Appropriate $710,000 for the construction of Fire Station 13 due to the lowest bid being above original estimates and $50,000 for IT networking and cabling costs. The remaining balance of the Fire Protection Fund’s reserve account will be $14,532,326.
12. Budget Amendment Resolution #2007-R-17, as shown on page _______, #07-33 - $9,085,059 – Public Works/Economic Development – 2001 Infrastructure Sales Tax & U.S. 17/92 Redevelopment Funds, to provide additional construction funding for the U.S. 17/92 Reconstruction project, partially offset by reimbursement from the City of Casselberry. The project extends along U.S. 17/92 from the Orange County Line to Lake of the Woods Boulevard, converting the existing rural roadway to an urban roadway, including curbs, gutters, drainage, bike & pedestrian paths, lighting, landscaping, and hardscape elements, with an anticipated completion of December 2008. Construction Contract and Interlocal Agreement for the project are included on this Consent Agenda.
13. Budget Amendment Resolution #2007-R-18, as shown on page ________, #07-34- $20,467,625 – Public Works – Various Funds. To reflect schedule changes and updates in estimates for various CIP projects. These changes are necessitated by the preparation of the Capital Improvements Program for FY 2006/07 through FY 2010/11.
Grants
14. Approve and
authorize Chairman to execute a Memorandum of Agreement (MOA), as shown on page
_______, with the Orange County Sheriff’s Office to secure
Purchasing
15. Award CC-1184-06/TLR
Contract, as shown on page _______, SR 15/600
16. Award CC-1416-06/BLH Contract, as shown on page ________, Construction of Seminole County Fire Station #13 to Mulligan Constructors, Inc. of Winter Garden, FL ($1,991,000.00).
17. Award CC-1449-06/BLH Contract, as shown on page _______, Renovation of Seminole County Fire Training Facility to Mulligan Constructors, Inc. of Winter Garden, FL ($1,196,000.00).
19. Award RFP-600083-06/GMG, Term Contract, as shown on page _______, for Clean Vegetative Wood Waste Processing Services for Seminole County to Consolidated Resource Recovery, Inc., Sarasota, FL.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Request for approval of the ranking list
and award for PS-1386-06/DRR, Architectural and Engineering Services for the
Commissioner Carey stated her concern with moving forward with this as the County doesn’t know what it is that should be designed, because they are not sure how much money they will be getting through grants. She said that it is her understanding that they will be reapplying for the grant that was denied.
Commissioner McLean questioned what the feeling of the Board was when this was first approved.
Ms. Coto advised that the Board did approve a 9,000 square foot building and the discussion was that the County would go through the State grant process and if it was denied, the Board would have to identify another funding source.
Commissioner Carey suggested going with a $1.5 million construction budget since the County did not receive the $500,000 grant.
Commissioner Van Der Weide stated he has no problem going with the $1.5 million construction budget, but if it comes up short, he will be coming back to the Board for more money.
Motion
by Commissioner Carey, seconded by Commissioner McLean to approve ranking list
and award for PS-1386-06/DRR Contract, as shown on page _______, Architectural
and Engineering Services for the
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve negotiated settlement relating to Parcel Numbers 168/768, Elliott property, on the Lake Drive road improvement project in the amount of $250,000, inclusive of all compensation to the owner, attorney fees of any kind, all costs, interest and other expenses for which Seminole County might be obligated to pay relating to these parcels.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk’s Office
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve and authorize the following:
30. Expenditure Approval Lists, as shown on page
_______, dated December 18 & 27, 2006, & January 2, 2007; and Payroll
Approval Lists, as shown on page _______, dated December 14 & 28, 2006, presented.
31. Noting, for information only, the following Clerk’s “received & filed”:
1. M-1697-06
Contract, as shown on page _______, Crom Engineering & Construction for
Structural Inspections of Ground Storage Tanks.
2. Work
Orders #4 & #5, as shown on page _______, to PS-596-01.
3. Change
Order #1, as shown on page _______, to Work Order #45 to CC-1262-05.
4. Change
Order #1, as shown on page ________, to Work #28 to CC-1262-05.
5. Change
Order #1, as shown on page ________, to Work Order #39 to CC-1262-05.
6. Work
Order #24, as shown on page _______, to CC-1267-05.
7. Non-Certified
Tennis Pro Agreements, as shown on page ________, for the following: Sarah Harkins; Taryn Lamonettin; Clint
Ekelund; John Gegenheimer; and Deborah Coreil.
8. Certified
Tennis Pro Agreements, as shown on page _______, for the following: Robert Shetler; Brian Morrissey; Daniel
Keating; and Pysan Venchai.
9. Certificate
of Substantial Completion for CC-1262-05 (W.O. #36), as shown on page
________.
10. Amendment #2, as shown on page _______, to
Work Order #11 to PS-5144-03.
11. Work Order #55, as shown on page _______, to
PS-5129-02.
12. Certificate of Final Completion, as shown on
page ________, for CC-0952-06.
13. Work Order #2, as shown on page _______, to
M-0398-06.
14. M-1702-06 Contract, as shown on page _______,
Pomeroy Appraisal Associates of Florida.
15. Work Order #23, as shown on page _______, to
RFP-4241-05.
16. Development Order #06-50000010, as shown on
page ________, Ralph & Linda Johnson.
17. Maintenance Bond #024-010-905-M2, as shown on
page _______, in the amount of $216,599.95 for the project known as Clifton
Park Subdivision.
18. Title Opinion, as shown on page _______, for
Milford Estates.
19. Certificate of Substantial Completion, as
shown on page ________, for CC-0455-06.
20. Amendment #1, as shown on page _______, to
Work Order #12 to PS-5190-05.
21. M-1754-06 Contract, as shown on page _______,
Sears Surveying Company.
22. Amendatory Order from the Public Service
Commission re: application for increase
in water and wastewater rates in
23. First Amendment, as shown on page _______, to
IFB-3093-04.
24. Corrected Ordinance #2006-33 and Ordinance
#2006-34, as shown on page ________, amending the legal description for the
Willow Brook Land Use Amendment and Rezone.
25. Corrected Ordinance #2006-24, as shown on page
_______, amending the legal description for the SR 426 Land Use Amendment.
26. Certificate of Final Completion, as shown on
page ________, for CC-0012-05 (W.O. #1).
27. BOA Development Order #06-30000196, as shown
on page ________, Carnicelli variance and Development Order #06-50000009,
Turner Guest House.
28. Satisfactions of Connection Fees, as shown on
page ________, for the following projects:
Stratford Green Townhomes; Skorman Professional Office; San Pedro
Spiritual Center; Remington Park Office Complex; Monroe Commerce Center North
Ph. 3; Lake Forest 5B; Christian Life Center; The Center for Alternative
Medicine; and WB Equestrian Center.
29. Amendments, as shown on page _______, to the
Conditional Utility Agreements for water and sewer service with Dunn 434 Real
Estates LLC for the project known as Dunn & Savastano.
30. Conditional Utility Agreement, as shown on
page _______, for water service with CRF Bear Lake LLC for the project known as
Bear Lake Shoppes.
31. Conditional Utility Agreements, as shown on
page _______, for water and sewer service with Colonial Realty Ltd. Partnership
for the project known as Colonial Town Park Bldg. 400.
32. Bill of Sale, as shown on page _______,
accepting sewer system for the project known as Dan Marsden Residential
Property -
33. Memorandum to Carylon Cohen from Lorraine
Hajeski submitting a copy of a letter from Greater Construction Corp. re: non-return of Greater Leasing Estoppel
Letter, as shown on page ________, approved by the BCC on Sept. 26, 2006.
34. Purchase Agreement, as shown on page _______,
with Philip &
35. IFB-600108-06 Contract, as shown on page
________, Sunniland Corp. for the purchase of fertilizer.
36. Certified Copy of Certificate of No Recall, as
shown on page _______, for Florida Jai-Alai, Inc.
37. Work Order #65, as shown on page _______, to
PS-5165-04.
38. Work Order #9, as shown on page _______, to
PS-5182-05.
39. Work Order #2, as shown on page _______, to
PS-1020-06.
40. Work Order #23, as shown on page ________, to
CC-1267-05.
41. Change Order #3, as shown on page _______, to
CC-0349-06.
42. Amendment #1, as shown on page _______, to
Work Order #20 to PS-5165-04.
43. RFP-600029-06 Contract, as shown on page
_______, for purchase of library materials, Baker & Taylor, Inc.
44. Performance Bond #6200012, as shown on page
________, in the amount of $910,359 for the project known as Trinity Center.
45. Change Order #1, as shown on page _______, to
CC-0998-06.
46. Maintenance Agreement, as shown on page
_______, in the amount of $3,207.10 for the project known as Marsden Residence
(Prairie Lake Park).
47. Work Order #49, as shown on page _______, to PS-5150-03.
48. Amendment #2, as shown on page _______, to
M-418-06.
49. Work Order #1, as shown on page _______, to
PS-0709-06.
50. Work Order #53, as shown on page _______, to
CC-1212-03.
51. Bids as follows: PS-1529-06; 600073-06; RFP-600094-06; RFP-600096-06;
RFP-600121-06; and RFQ-600125-06.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sheriff’s Office
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the Sheriff’s Office to execute and submit a grant application, as shown on page _______, to the U.S. Department of Justice, Office of Violence Against Women; and authorize the Sheriff to sign future documents relating to the grant.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Carey to continue until February 13, 2007 the approval of the Final Site Plan and Developer’s Commitment Agreement, and approval of a minor amendment to the Development Order for the C.A. Stone PCD, consisting of 6.81 acres located on the southeast corner of Red Bug Lake Road and Mikler Road, Javier Omana/CPH Engineering.
Districts 1, 2, 3, 4 and 5 voted AYE.
--------
Request for approval of the Final Master Plan and Developer’s Commitment Agreement for the Markham Road/Longwood Markham Road PUD, consisting of 72 acres located on the southwest corner of the intersection of Markham Road and Longwood Markham Road, 1.5 mile south of west SR 46, C & G Real Estate Group, LLC, presented for action.
Tina Williamson, Principal Coordinator, presented the request, advising the final plan shows a 38-lot single family residential subdivision with a net density of 1.0 unit per net buildable acre. She further advised the staff recommends approval based on staff findings.
Upon inquiry by Commissioner Carey, Ms. Williamson advised the applicant has confirmed that the dock will be for residents only. Whereupon, Commissioner Carey stated she would like to have the words “for residents only” added in the commitment agreement.
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 the Markham Road/Longwood Markham Road PUD, consisting of 72 acres located on the southwest corner of the intersection of Markham Road and Longwood Markham Road, 1.5 mile south of west SR 46, C & G Real Estate Group, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Purchasing Manager, Ray Hooper, addressed the Board to request direction with regard to PS-1529-06/DRR, Master Agreement for Environmental Services Department Continuing Engineering Services for Capital Improvements Projects. He advised the project was advertised and the County received 18 submittals. The Evaluation Committee short-listed the firms to 10 and then after interviews, have recommended the top seven firms and three alternates.
Commissioner McLean suggested keeping all ten companies in the first tier as opposed to having seven top firms and three alternates.
Commissioner Dallari stated he believes five firms would be more than adequate to do the job. He said in this way, it would keep the focus of those five firms.
Commissioner Van Der Weide stated this is
an opportunity to recognize a local,
Commissioner Carey stated staff has work orders ready to go so she was ready to support the seven firms. However, she agrees with Commissioner Van Der Weide to move CPH up to the first list. She asked that the staff, when distributing the work, look for specific qualifications and availability; and give the biggest projects to firms that can handle them.
Chairman Henley agreed with comments made with regard to the work allocation. He also agreed that CPH should be moved up.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize negotiations and award PS-1529/06/DRR, Master Agreement for Environmental Services Department Continuing Engineering Services for Capital Improvement Projects to the following: Boyle Engineering Corporation; CDM; HDR Engineering, Inc.; Malcolm Pirnie, Inc.; PBS&J; Reiss Environmental Inc.; Rockett & Associates, Inc.; and CPH Engineers, Inc.; with Hazen & Sawyer, P.C. and Tetra Tech, Inc. to be alternates.
Districts 2, 3, 4 and 5 voted.
Commissioner Dallari voted NAY.
-------
The Chairman announced that Item #36, Extended Internship Program, has been pulled from the agenda.
-------
Support Services Manager, Meloney Lung,
addressed the Board to request direction with regard to the disposition of
County property located at
Motion
by Commissioner Carey, seconded by Commissioner Dallari to direct staff to
retain the property located at
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Henley stated that unless he hears differently from the Board, the $200,000 will not be forwarded to SCC.
Commissioner McLean expressed his disappointment that because of the constraints, they could not find a way to make this work.
-------
The Chairman recessed the meeting at 12:31 p.m., reconvening it at 1:30 p.m., with all Commissioners and all other Officials who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide 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.
PUBLIC HEARINGS
REQUEST TO REZONE FROM PCD TO PCD,
FRITH & ASSOCIATES, Inc., LLC
Proof of publication, as shown on page
_______, calling for a public hearing to consider a request for a major
amendment and rezoning from PCD to PCD for the Aloma Mini Storage PCD,
approximately 600 feet east of the intersection of
Ian Silonia, Senior Planner, addressed the
Board to present the request, advising the initial approval for the Aloma Mini
Storage PCD was for 102,366 square feet of buildings allowing for those uses
permitted in the C-1 zoning district, and, in addition, a mini-storage
warehouse facility for personal storage, with open storage allowed in the rear
of the property. The applicant is now
requesting permission to allow outdoor storage on the outparcel named Phase III
as he would like to store boats and RV’s.
The applicant is proposing 100 parking spaces ranging in size from 20’ x
11’ to 30’ x 11’. He further advised the
outparcel will be sufficiently buffered from
John Frith, applicant, addressed the Board to advise they agree with the staff recommendations.
No one else spoke in support or in opposition.
District Commissioner Dallari distributed his recommendations (copy received & filed) with regard to the landscaping, buffers and wall sections of the commitment agreement and discussed same with the Board. He said he would like the buffer requirements for the northern property line of Phase III outparcel to be carried over the entire length of the northern property line, not just Phase III, so that the entire property has a consistent 25-foot buffer abutting SR 426. Also, he said he would recommend that the building fronting SR 426 have at least one pitch change on the roof. He submitted photographs (copies received & filed) of an example of a pitched roof he is recommending. He added that the architectural renderings should be approved by the BCC as part of the final site plan process.
Mr. Frith stated they would agree with Commissioner Dallari’s recommendations.
Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2007-4, as shown on page _______, approving rezoning of the Aloma Mini Storage PCD from PCD to PCD; approve a major amendment, Development Order, as shown on page _______; and Addendum #1 to the Aloma Mini Storage PCD Developer’s Commitment Agreement, as shown on page _______, with staff findings and amended conditions, as specified by Commissioner Dallari, for property consisting of 8.9 acres located on the south side of Aloma Avenue, approximately 600 feet east of the intersection of Tuskawilla Road and Aloma Avenue, as described in the proof of publication, Frith & Associates, Inc., LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1
TO R-1A, ZACHARY MILLER
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone 1.01 acres, located on the south side of First Street, 500 feet east of Orange Blvd., from A-1 (Agriculture) to R-1A (Single Family Dwelling), Zachary Miller, received and filed.
Ian Sikonia, Senior Planner, presented the
request, advising R-1A requires a minimum lot size of 9,000 square feet. He said the staff conducted the lot size
compatibility analysis, per the LDC, and determined that the analysis does
support the requested rezoning to R-1A.
To the east, west and north of the site is the A-1 zoning with LDR land
use. To the northwest is a
Discussion ensued with regard to how many lots could be placed on the property. Planning Manager, April Boswell, addressed the Board to advise the future land use classification allows a maximum of four dwelling units per acre and that threshold cannot be tripped. She further advised that the property owner did pick up some additional acreage when the right-of-way was vacated; however, this rezoning does not lock in a certain number of lots – it only establishes a lot size requirement in keeping with the density.
Zachary Miller, applicant, addressed the
Board to display a proposed lot configuration (not received & filed),
showing five lots with a driveway off
Upon inquiry by District Commissioner Carey, Mr. Miller stated he was not planning on paving the road, only the driveway. He said that directly to the south of the site is an apartment complex, to the east is an approved condo zoning, to the northeast are apartments, and he believes this will be a natural transition.
Vincent Carino, 1795 Sylvan & Emmitt Avenue property owner, addressed the Board to speak in support of the rezoning, stating he believes this project is great and the density should not be a problem for the area.
Philip Nester,
Carter Bluge,
At the request of Commissioner McLean, Ms. Boswell explained what the lot size compatibility analysis is and how it works. She addressed the issue of rounding up the number of 7.5 to 8.
Upon inquiry by Commissioner Carey, Brian Potts, Development Review Manager, addressed the Board to advise in this case, the applicant is subdividing the property and the road would have to be brought up to County standards. Also, stormwater would have to be addressed.
Mr. Miller showed pictures (received & filed) of the area and pointed out that the nearby apartments can be seen from the property in question. He also displayed a configuration (received & filed) of how the property is subdivided currently and said he is actually proposing less lots. Copies of letters in support and tax information on area lots were received and filed.
No one else spoke in support or in opposition.
Speaker Request Forms and Written Comment Form were received and filed.
District Commissioner Carey stated she
believes the lot compatibility test is skewed because of the two high density
developments that come off 46A. She said
Motion
by Commissioner Carey, seconded by Commissioner Dallari to deny request to
rezone 1.01 acres, located on the south side of
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion
by Commissioner Carey, seconded by Dallari to adopt Ordinance #2007-5, as shown
on page _______, approving rezoning from A-1 (Agriculture) to R-1AA (Single
Family Dwelling) for 1.01 acres located on the south side of
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST FOR CONSIDERATION OF
USE AMENDMENT & REZONE, REDMON DESIGN CO. LLC
Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from LDR (Low Density Residential) to COM (Commercial); and rezone from C-2 (Retail Commercial) and R-1A (Single Family Dwelling) to PUD (Planned Unit Development) for approximately .33 acres, located on the southeast corner of the intersection of U.S. 17-92 and South Lake Wood Circle, Redmon Design Co. LLC, received and filed.
Tina Williamson, Principal Coordinator, addressed the Board to present the request, advising along with the land use and zoning change, the applicant is requesting approval of a Preliminary Master Plan for a two-story office to house a full service landscape architecture design firm. There will be garden areas to showcase landscape design and interior display areas for upscale garden accessories, fountains and outdoor furniture. The building’s architecture and construction will consist of many applications in the principles of “Green” design, with the use of recycled building materials, green roof displays, stormwater storage/reuse systems and proper solar orientation and design for enabling reduction of energy consumption. She further advised that the staff recommends approval based on staff findings. She submitted for the Record a copy of two e-mails from Susan Hall and Christine Bacchus in opposition to the requested land use and rezoning.
Scott Redmon, applicant, addressed the Board to advise the office building is for him and his wife’s landscape architect business they have had for 14 years. He displayed photographs (received & filed) of the type of landscapes they have designed, including pathways, pools, fountains, outdoor fireplaces and furniture. He said they have a high-end residential clientele. He further said they are building this property to showcase the types of things they offer. He submitted copies of conceptual plans (received & filed) for some of the designs they have done in Isleworth. He displayed and reviewed an artist rendering (received & filed) of the proposed office building and the first floor, second floor, and parking entry plans (received & filed). He stated that with regard to the dumpster, they are locating it closer to the building and are proposing a six-foot wall around it with an extreme amount of landscaping. He advised they currently have seven employees and would like to expand to ten. He said they intend to harvest the rain from off their roof and use it for irrigation.
Deputy
Clerk Sandy McCann left the meeting at this time and was replaced by Deputy
Clerk Carylon Cohen.
Chairman
Henley stated that he personally likes the design of Mr. Redmon’s building and
thinks it is going to be an asset and will help to set the quality of standard
the Board is looking for. He commended
him for the efforts he’s taking to blend in and still be sensitive to the
neighborhood. He asked how often Mr.
Redmon expected the commercial vendors to come in and do trash pick-up in a
week.
Mr.
Redmon said he had never rented a dumpster before and he doesn’t really
know. Whereupon, Chairman Henley said he
would imagine pick-up would not be needed more than once a week.
Richard
Marks,
Theodore
LaValley,
Chairman
Henley advised the applicant will not be allowed to block that entrance.
Mr.
LaValley said if they change that entrance for construction to come out of the
front further down, that will help the residents a lot.
Chairman
Henley stated staff will take those things into consideration.
No
one else spoke in support or in opposition.
Speaker
Request Form for Mr. Marks was received and filed.
District
Commissioner Henley asked for a motion to approve the staff recommendation.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to adopt Ordinance #2007-6, as shown on page
_______, approving a Small Scale Land Use Amendment from LDR (Low Density
Residential) to COM (Commercial) and adopt Ordinance #2007-7, as shown on page
_______, rezoning from C-1 (Retail Commercial) and R-1A (Single-Family
Dwelling) to PUD (Planned Unit Development) for approximately 0.33 acres,
located on the southeast corner of the intersection of U.S. 17-92 and South
Lake Wood Circle; as described in the proof of publication, Redmon Design Co.,
LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDON/SEMINOLE COUNTY
DEPARTMET OF PUBLIC
SAFETY
Proof
of publication as shown on page _______, calling for a public hearing to
consider vacating and abandoning a portion of a platted drainage easement on
Lot 4, Mirror Lake Commercial site; Seminole County Department of Public
Safety, received and filed.
Brian
Walker, Planner, addressed the Board to present the request, stating that staff
recommends adoption of the Resolution to vacate and abandon a portion of the
drainage easement.
Commissioner
Carey asked if this easement is solely for the benefit of
DCM
Don Fisher addressed the Board to state, on behalf of the applicant, that he
spoke with Fire Chief Raw and Brian Potts, Development Review Manager, and
there have been some utility and drainage relocates as a part of Fire Station
13. It takes into consideration the
surrounding uses and subdivision plat that the Seventh Day Adventists have
control over. Staff has reviewed this
and is comfortable there will be no drainage issues as a result of this vacate
and also this will accommodate construction of the fire station.
No
one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to adopt appropriate Resolution #2007-R-20, as
shown on page _______, vacating and abandoning a portion of a platted drainage
easement on Lot 4, Mirror Lake Commercial site, a replat recorded in the public
records of Seminole County in Plat Book 63, pages 15 through 17 in Section 17,
Township 21 S, Range 29 E; as described in the proof of publication, Seminole
County Department of Public Safety.
Districts
1, 2, 3, 4 and 5 voted AYE.
CUB COVE WATER &
WASTEWATER
CONSTRUCTION MSBU
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval and authorization for the Chairman to execute an Ordinance
repealing Ordinance 2004-17 that created the Cub Cove Water & Wastewater
Municipal Services Benefit Unit (MSBU), received and filed.
Kathy
Moore, MSBU Program, addressed the Board to present the request.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to approve and authorize the Chairman to adopt
Ordinance #2007-8, as shown on page _______, repealing Ordinance 2004-17 that
created the Cub Cove Water & Wastewater Municipal Services Benefit Unit
(MSBU), thereby, dissolving the MSBU; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adopting an Ordinance creating the Spring Lake Aquatic Weed Control
Municipal Services Benefit Unit; and authorize the Chairman to execute the
Ordinance and Interlocal Agreement with the City of
Ms.
Moore presented the request, stating the initial cost for this district will
occur this fiscal year and the repayment of the advance funding is expected to
take place over a two-year period. She
explained that this MSBU is unique in that it requires close interaction with
the County’s Lake Management Program and city of
Chairman
Henley advised three speakers (Sharon Rogers, Debbie Auerbach, and John Bandy)
have consented to allow Mr. Bill Vogel to speak on their behalf.
Bill
Vogel, representing the Save Spring Lake Liaison Advisory Committee, addressed
the Board to state they are in favor of establishing the MSBU. He thanked the staff and
Jay
Fraxedas,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
District
Commissioner Van Der Weide congratulated the city of
Motion by Commissioner Van Der Weide, seconded
by Commissioner Carey, to adopt Ordinance #2007-9, as shown on page _______,
creating the Spring Lake Aquatic Weed Control Municipal Services Benefit Unit;
and authorize the Chairman to execute the Ordinance and Interlocal Agreement,
as shown on page _______, with the City of Altamonte Springs; as described in
the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Lisa
Spriggs, Fiscal Services Director, addressed the Board to give an update on the
legislative initiates. She reviewed that
in November, 2006, the Board established the legislative priorities for the
State and the funding requests. In
December, staff communicated those to the Legislative Delegation; and in early
January, 2007, staff submitted the funding forms through the County lobbyists
to the State Senate and House Offices.
She stated the Board was forwarded a spread sheet provided by Mr.
Brantley’s office (copy received and filed) that recaptures the sponsors for
those requested projects. She advised,
regarding the Property Tax Reform, that the Governor’s Committee issued their
report in December, and it basically gave three recommendations. She will forward to the Board a summary of
the report, which outlines six property tax issues and options for further
study. These issues were affordability,
the lock-in effect, equity, agricultural classification, Value Adjustment
Boards, and homestead exemption. The
Committee concluded three, broad recommendations that any recommendations to
improve taxation in Florida should be founded on a comprehensive approach with
emphasis on simplifying the system for all taxpayers; the Committee should
continue to meet and formulate recommendations; and they laid out a list of
options under the tax issues identified to further study. The Committee also said they concurred with
the Auditor General’s recommendations on the Value Adjustment Board process,
except they did not agree with creation of an appeals process at the regional
or State level, but leave it at the local level. Ms. Spriggs advised she has not seen the
property tax study report from the committee established through the Department
of Revenue. This was to be completed in
early January, and she will look for a draft report on this. Also, a progress report is due in February
from the Economic and Demographic Research Property Tax Study Committee, and
when she receives that, she will forward it to the Board.
Ms.
Spriggs stated the Florida Association of Counties (FAC) has advised that the
Senate and House will hold tax reform hearings across the State. Two hearings have been established with the
second hearing being more local for February 8 in
Commissioner
Carey advised she completed the survey on the property tax reform issue from
FAC and submitted that. She also faxed
some information to FAC that was compiled by Ms. Spriggs. Commissioner Carey said she thinks they need
to work closely with Property Appraiser David Johnson to understand better the
impact. She asked Ms. Spriggs to work
closely with Mr. Johnson to try to come up with some ideas about what would be
some viable solutions.
Chairman
Henley also asked that the School Board be included.
Commissioner
Carey stated she thinks they will be better off to be proactive and try to
learn some different scenarios that would work and give those to the
Legislature and Governor’s Office to try to help them solve the problems;
because they are all looking for some solutions that work for local
governments.
Susan
Dietrich, Assistant County Attorney, addressed the Board to state FAC has been
directed by the charter counties to undertake a process to select an outside
lobbyist on the
Ms.
Dietrich advised Tom Tomerlin, Principal Planner, prepared an analysis (copy
received and filed) on affordable housing and this was submitted to FAC.
Commissioner
Dallari asked how could they work on the insurance issue to stay ahead of the
curve as they talked about working with the Property Appraiser on the property
tax issue.
Ms.
Spriggs said one of the things staff will do is look for information and
forward what kind of impacts are coming out of that legislation.
Ms.
Spriggs advised that she will bring to the Board on February 13 the staff
recommendations for the federal legislative priorities and the funding
projects. She asked if the Commissioners
have anything to be considered to get those to staff. Also, she said staff had discussions with
Lobbyist Skip Bafalis yesterday and they are researching some opportunities and
will bring those forward to the Board.
She said staff will also provide a calendar of some key dates and some
links to WEB sites, rather than actually distributing some lengthy materials,
and the Commissioners can decide which to print or not.
CHAIRMAN’S
REPORT
Chairman
Henley advised there is an article in the recent NACo News regarding the local
franchising of cable companies, and it appears that the FCC has promulgated
rules that preempt local governments from the standpoint of franchising the
companies. He asked that all the
Commissioners read that article and see if they want to take any action. He encouraged the two Commission
representatives who are going to
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter dated
2. Memorandum
dated
3. Notice
and agenda for
4. Letter
dated
5. Copy
of memorandum dated
6. Memorandum
dated
7. Memorandum
dated
8. Copy
of letter dated
9. Letter
dated
10. Copy of memorandum dated
11. Memorandum dated
12. Memorandum dated
13. Letter dated
14. Notice of proposed continuance of City of Lake
Mary public hearing for Waterside Preliminary PUD and Developers Agreement to
15. Public Notice from the Department of the
Army-Jacksonville District Corps of Engineers, re: Application for the Yankee Lake Surface Water
Treatment Plant project. (cc:
16. Letter dated
17. Copy of letter dated
18. Notice and agenda for
19. Letter dated
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Van Der Weide reported he met with the Governor last week in
-------
Commissioner
Van Der Weide advised he will be on the Roger Williams radio program talking
about the insurance issues and the trip to
-------
Commissioner
Van Der Weide further advised that his wife is going to have a hip operation on
February 19, so he will not be able to go on the
Commissioner
Carey said the Commissioners need to have regular interaction both here at home
and in
-------
Chairman
Henley stated he has been getting complaints about the water plant in
-------
Chairman
Henley stated he visited three of the County’s parks over the weekend.
-------
Chairman
Henley said he had the opportunity to go to the Flag Retirement Ceremony at the
American Legion. He said this was
tremendously impressive and about 100 citizens attended.
-------
Chairman
Henley reported that several Commissioners visited the Highland Games reception
and he thought that was extremely well done.
-------
Commissioner
Carey stated at the last MetroPlan meeting, they had the same presentation that
the League of Women Voters made this morning, and the League received almost
unanimous support from MetroPlan. She
thinks they need to expand from just the League of Women Voters to all other
organizations to have a community-wide message about transportation in
-------
Commissioner
Carey reported that a Wekiva River Basin Commission meeting was held on January
12. The Department of Health decided to
do nitrogen testing at three locations.
The work at Wingfield Reserve should have begun last week. A meeting at
-------
Commissioner
Carey stated on January 19 she had the opportunity to speak at the
-------
Commissioner
Carey said she had the opportunity to attend the Highland Games and the events
are growing every year and the attendance was larger than in the past. The Simon Fraser University Band did a great
job.
-------
Commissioner
Carey announced that “Naturally Central Florida-Fitting the Pieces Together”
will be presented on January 25 at 8:00 a.m. until noon at the Church Street
Station Ballrooms. She said this event
is sponsored by the
-------
Commissioner
Carey further announced that on January 26 from 11:00 a.m. until 1:30 p.m. the
Orlando Business Journal and the Seminole County Regional Chamber of Commerce
will present the first edition of the 2000 Series Regional Update. The focus will be on
-------
Commissioner
Carey said coming up this Saturday (January 27) from 8:00 a.m. until 1:00 p.m.
is the first
--------
Commissioner
Carey advised that on January 31, Senator Lee Constantine is hosting a Town
Hall meeting at the
-------
Commissioner
Dallari stated the Scottish Highland Games this past weekend were very well
received by the many citizens attending.
He believes the city of
-------
Commissioner
Dallari said he would like the Board to look at a new initiative. He said with looking at all the new buildings
to be built, it would be nice to look at doing more on the green side; that is,
making them more energy efficient. He
said looking at Fire Station 13, there was really no discussion of the building
being green, i.e. energy efficient. He
said with the cost of energy being the way it is, it would be apropos to do
something along those lines. He said he
has spoken to staff and they are looking at some renovations around the County,
but it would be nice if the Board took a proactive stance on that.
Chairman
Henley stated he brought that up some time ago that with the building program
they have, they should be able to set the example for the rest of the community
to be able to come up with some efficiencies.
Commissioner
Carey said solar is an easy thing to look at to become energy efficient. Some other things like green roofs and
cisterns are very costly.
Commissioner
Dallari asked Ms. Coto to have staff address this issue and report back to the
Board to see what opportunities there are.
Ms.
Coto stated staff will put together some information for the Board to
review--what technology and materials are available and what the differences in
costs are, as well as what the life cycle costs are in return.
-------
Commissioner
McLean apologized that he was unable to attend the Highland Games, because he
was officiating his daughter’s 14th birthday party.
-------
Regarding
the resignation of Helen Stairs, Commissioner McLean reported that the Board of
the Helen Stairs Theatre is meeting tomorrow to discuss the next step of how
they will work to make the public perceive this to be more of a community-type
theatre. He will report back to the
Board. He wished Mrs. Stairs the best
and recognized there would not be a theatre without Mrs. Stairs’ efforts in
2000 and the help of the County.
-------
Motion by Commissioner McLean, seconded
by Commissioner Dallari, to appoint Paul Hosko to the Disability Advisory Board
for a two-year term ending January 1, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
Ms.
Coto stated, regarding the request from the city of
Commissioner
Carey said if they are going to fly the American flag, they need to do it
properly. If it is to be flown at night,
it needs to be lit; and if it is not going to be lit, the Board probably needs
to rethink all of that.
Ms.
Coto said when staff brings this back to the Board, there are a number of items
they need to consider with respect to if there is a lighting issue, how do they
address that and what are the associated costs.
If they decide not to light the flags, they must decide who will be
responsible for taking them down and putting them up, etc. She wants to make sure, if they go forward,
that they answer all the questions. She
said she has had some discussions with the Mayor of Winter Springs that if this
is done, it may be in a partnership with the City’s help in taking care of some
of the responsibilities. They do need to
get the answer first from DOT before going much further.
Mr.
McMillan reported that he located the ordinance on ATV’s and contacted the
Sheriff’s Office and asked if they thought the County needed to adopt the
ordinance. The response was that the
Sheriff’s Office did not think the County needed to adopt the ordinance and the
Sheriff is fine with enforcing the State statute as it currently stands.
-------
On
the charter issue, Mr. McMillan said the County was served with the charter
litigation last week. The case is one
that will be of state-wide interest and will probably at some point result in
the State Association becoming involved.
He said it is as important as the rural boundary case, relating to the
issues of municipal power versus the charter power, and the ability of the
voters to deal with municipal issues in their charter. He said this case deals with the same issues
relative to county officials and the ability of the voters to deal with the
county constitutional officers in their charter. He said there is one other referendum in the
State requiring the Board of County Commissioners to adopt an ethics code that
applied to all the constitutional officers and included the School Board. That passed in
Mr.
McMillan said after the suit was filed, Mr. Allen Watts contacted him because
he had been the charter counsel in
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to authorize the County Attorney to defend in
the charter case versus the Constitutional Officers and authorize the County
Attorney to engage the services of Allen Watts to assist in the defense of that
case under the same terms and conditions for the rural boundary case; Legal
Services Agreement, as shown on page _______.
Upon
inquiry by Commissioner Carey, Mr. McMillan clarified that Mr. Watts will
probably do the legal memorandums and argue the case.
Chairman
Commissioner
Van Der Weide said he thinks this would avoid future criticism down the road,
especially with the checks and balances system.
Commissioner
Carey said she thinks the fact the
Districts
1, 2, 3, and 5 voted AYE.
Commissioner
Henley voted NAY.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:29 p.m., this same date.
ATTEST _____________________ Clerk ___________________Chairman
slm/cc