BOARD OF
JANUARY 9, 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 9, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Michael McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
Clerk of Circuit Court, Maryanne Morse
(late)
Deputy Clerk Eva Roach
The
Invocation was given by Pastor Stephen Binkley,
Commissioner
Dallari led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Carey, seconded
by Commissioner Dallari to adopt appropriate Resolution #2007-R-1, as shown on
page ________, honoring Ken Roberts for his sixteen plus years of service and
dedication to the citizens and employees of
Clerk
of Circuit Court, Maryanne Morse, entered the meeting at this time.
The
Resolution was presented to Mr. Roberts who expressed his appreciation. He stated he would like to applaud all of his
staff members for helping him with all of the accomplishments during the past
17 years.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner
McLean addressed the Board to state he met with the School Board on December
18, 2006 with regard to Item #13, BAR #07-24, and they are moving towards
coming up with an agreement that lays out what each party is responsible for concerning
the Lake Mary High School’s swimming pool.
They are moving towards a final draft agreement and it will be brought
back to the Board for consideration. He
stated he would like to commend the Board for being visionary with regard to
Item #18, BAR #07-29, expanding the driver’s education program. He said he feels this is a much needed
program and hopefully it will be successful.
He added he is looking towards expanding this program to other high
schools throughout the county. He said
he would like to compliment the Evaluation Committee with regard to Item #28,
Award RFP-600094-06, Roadway Landscape & Mowing Maintenance. He stated the results of this can be seen on
Cindy
Coto,
Motion by Commissioner Dallari,
seconded by Commissioner Carey to rescind action on December 12, 2006 regarding
Resolution #2006-R-262 (Item #18, BAR #07-15) in the amount of $402,553.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey stated with regard to the swimming pool, if there is a draft agreement on
the
Commissioner
Carey stated there has been an increase in the property insurance premium (Item
#17, BAR #07-28) and she has asked the
Ms.
Coto stated the County is presently self-insured and the additional monies
going into the account is to ensure that they have sufficient funds to cover their
associated costs.
Commissioner
Dallari requested that Item #36, Adopt Resolution and Local Agency Agreement
with FDOT, be pulled for a separate vote.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to authorize and approve the following:
Business
Office
6. Approve
release of original Water and Sewer Maintenance Bond #SU5005242-1 dated 9/17/04
(Centex Homes) in the amount of $9,892.00 for water and sewer for the Madison
Place Townhomes project.
7. Approve
release of original Water and Sewer Maintenance Bond #SU5005243-1 dated 9/17/04
(Centex Homes) in the amount of $25,529.00 for the
8. Approve
release of original Water and Sewer Cash Maintenance Bond in the amount of
$2,216.00 (Florida Conference Association of Seventh-Day Adventist) for the
project known as Mirror Lake Commercial Ph. 1.
9. Approve
Cost Share Agreement, as shown on page ________, between St. Johns River Water
Management District (District) and
10. Approve Cost Share Agreement, as shown on page _________, between
St. Johns River Water Management District and
Solid
Waste Management
11.
Approve
and authorize Chairman to execute a License, as shown on page ________, to
37. Approve and authorize Chairman to execute an Agreement, as shown on
page ________, between the entities of
Districts
1, 2, 3, 4 and 5 voted AYE.
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Upon
inquiry by Commissioner Dallari, Mr. McCollum advised they do not know what the
design parameter is going to be until it is worked out with the City and FDOT.
Commissioner
Dallari stated he has spoken to the City Manager and he believes this can be
worked out this month.
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize Binding Written Offer relating to
CR 15 improvement project for Parcel Numbers 102/702, located at
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan left the meeting at this time.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize and approve the following:
39. Expenditure Approval Lists, as shown on page
________, dated November 20 and 27 and December 4 and 11, 2006; and Payroll
Approval Lists, as shown on page ________, dated November 16 and 30, 2006.
40. Request Approval of BCC Minutes dated November 28 and December 12, 2006.
41. Noted, for information
only, the following Clerk’s received and filed:
1. Development
Order, as shown on page ________, for Wekiva Springs Road Rezone, as approved
by the BCC on May 23, 2006.
2. Conditional
Utility Agreements, as shown on page _________, for Water and Sewer Service
with Universal Autobody of Orlando LLC, Lake Monroe Development LLC and HKI,
LLC.
3. Conditional
Utility Agreements, as shown on page _________, for Water and Sewer Service and
Customer Agreement for Reclaimed Water Rates with Heathrow 4, LLC.
4. Customer
Agreements, as shown on page _________, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement for the project known as
Ruth’s Chris Steakhouse.
5. Development
Orders, as shown on page _________, for the following: David Long, Golfview Avenue, Lot 1, Block 5;
Hesham Abudaif and Mona Abdelmlak, 4391 Weeping Willow Circle; Steven Kerr, 917
Stillwell Lane; Joseph Tamulonis, 124 Sandy Oaks Place; Clay E. Knight, 800
Morse Street; Frances & T.H. Simpson, 257 Whitesand Court; Daniel Gerola,
812 Fairview Avenue; James & Elia Thompson, 103 Elizabeth Avenue; Mike &
Shannon Akerson, 1418 Arbitus Circle; Robert Isaac, 2011 Lake Drive; Jeffrey
& Lisa Jones, 853 Shell Lane; Rebecca Quade, 617 Brightview Drive; Mary
Sullivan, 2460 Westwood Drive; Robert & Vanessa Groner, 187 Lake Boulevard;
and David Kosich, 3060 Harbor Lake Court.
6. Change
Order #1, as shown on page _________, to BD-1367-06, Advanced Building &
Design.
7. Certificates
of No Recall, as shown on page _________, for the Sanford-Orlando Kennel Club,
Inc. and Collins & Collins Partnership, dba CCC Racing.
8. Work
Order #22, as shown on page ________, to CC-1267-05, KMG Fence, LLC
9. Work
Order #2, as shown on page _________, to PS-5186-05, GMB Engineers and
Planners, Inc.
10. Work Order #52, as shown on page _________, to
CC-1262-05, JCB Construction, Inc.
11. Second Amendment, as shown on page _________,
to Term Contract IFB-3073-03, Don Reid Ford.
12. Title Opinion and Performance Bond, as shown
on page _________, in the amount of $73,973 for Island Club.
13. Title Opinion and Performance Bonds, as shown
on page _________, in the amount of $956,279 and $107,845.95 for Clayton
Crossing.
14. Amendment #1, as shown on page ________, to
Basic Contract #M-0639-06, Hughes Associates, Inc.
15. Change Order #4, as shown on page _________,
to CC-0455-06, Prime Construction Group, Inc.
16. Maintenance Agreement and Letter of Credit, as
shown on page _________, in the amount of $2,497.60 for Lutheran Haven Nursing
Home and Assisted Living Facility.
17. Amendment #6, as shown on page _________, to
Term Contract RFP-4242-05, Part B, Asphalt Recycling, Inc.
18. Work Orders #19 and #20, as shown on page
_________, to PS-5174-04, Connect Consulting, Inc.
19. Work Orders #10 and #11, as shown on page
_________, to PS-5124-02, PBS&J.
20. Certification of Completion, as shown on page
_________, for Work Order #48 to CC-1262-05, Central Florida Environmental.
21. Vehicle Purchase Agreement, RFP-600068-06, as
shown on page _________, with Don Reid Ford.
22. First Amendment, as shown on page _________,
to RFP-0863-06, Serco, Inc.
23. Work Order #37, as shown on page _________, to
RFP-4214-04, Site Secure, Inc.
24. Change Order #5, as shown on page _________,
to CC-0455-06, Prime Construction Group, Inc.
25. Amendment #4, as shown on page _________, to
CC-1188-02, One Source Roofing, Inc.
26. Renewal letter, as shown on page _________,
for dental insurance benefits with CompBenefits dated Nov. 16, 2006.
27. Certificate of Completion, as shown on page
_________, for Work Order #49 to CC-1262-05, APEC.
28. Certificate of Completion, as shown on page
_________, for Work Order #48 to CC-1212-03, Unipark Construction Corp., Inc.
29. First Amendment, as shown on page _________,
to RFP-4224-04, Quest Counseling Centre.
30. Fourth Amendment, as shown on page _________,
to Term Contract IFB-3078-03, Anixter.
31. Change Order #2, as shown on page _________,
to CC-1236-04, Schuller Contractors, Inc.
32. Change Order #1, as shown on page _________,
to Work Order #30 for CC-1262-05, American Persian Engineers & Contractors,
Inc.
33. Change Orders #4 and #5, as shown on page
_________, to CC-1268-05, Central Florida Environmental Corp.
34. Amendment #5, as shown on page _________, to
Term Contract IFB-3050-02, Helena Chemical.
35. Notice from the Florida Public Service
Commission of continuation of hearing regarding Dockets No. 060001-EI, Fuel and
Purchased Power Cost Recovery Clause; No. 060362-EI, Petition to Recover
Natural Gas Storage Project Costs; and No. 041291-EI, Petition for Authority to
Recover Prudently Incurred Storm Restoration Costs.
36. Certificate of Completion, as shown on page
_________, for Work Order #25 to CC-1262-05, JCB Construction, Inc.
37. Work Orders #61, #62 and #63, as shown on page
_________, to PS-5165-04, HDR Engineering, Inc.
38. Work Order #45, as shown on page _________, to
CC-1220-03, TLC Diversified.
39. Term Contract RFP-600093-06, as shown on page
________, Mac Trailer Mfg.
40. Work Order #44, as shown on page __________,
to PS-5150-03, Water & Air Research, Inc.
41. Denial Development Orders, as shown on page
_________, as follows: Carolyn Vogt
& Michael Tornow,
42. Certificate of Completion, as shown on page
_________, for Work Order #23 to CC-1262-05, JCB Contractors.
43. Certificate of Completion, as shown on page
_________, for Work Order #33 to CC-1262-05, APEC, Inc.
44. Work Order #3, as shown on page _________, to
RFP-0225-05, MACTEC Engineering and Consulting, Inc.
45. Term Contract IFB-600101-06, as shown on page
_________, Battery Zone, Inc.
46. Non-Certified Tennis Pro Agreements, as shown
on page _________, with Eleanor M. Bailey, Helen Belanger, and Brittany Ann
Collins.
47. Notice from the Florida Public Service
Commission regarding Docket No. 060368-WS, application of Aqua Utilities
Florida, Inc.
48. Memorandum to Liz Parkhurst from Sandy McCann
regarding outstanding Planning & Development documents.
49. Amendment #7, as shown on page _________, to
RFP-4242-05, Part B, Asphalt Recycling, Inc.
50. Change Order #1, as shown on page _________,
to CC-1095-06, Air Ideal, Inc.
51. Work Order #46, as shown on page _________, to
PS-5150-03, Water & Air Research, Inc.
52. Work Order #33, as shown on page _________, to
RFP-4214-04, Site Secure, Inc.
53. Change Order #1, as shown on page _________,
to Work Order #50 for CC-1262-05, APEC, Inc.
54. Change Order #3, as shown on page __________,
to CC-0348-05, Quality Roof Systems.
55. Development Order, as shown on page _________,
for the Diocese of Central Florida, Inc., dated November 14, 2006.
56. Conditional Utility Agreements, as shown on
page __________, for Water and Sewer Service with Janet L. Stone, Trustee, for
the projects known as CA Stone PCD - Bank; CA Stone PCD - Restaurant A; CA
Stone PCD - Restaurant B; and CA Stone PCD - Restaurant C.
57. Conditional Utility Agreements, as shown on
page __________, for Potable and Reclaimed Water and Sewer Service with CWC Investments,
LTD.
58. Letter of acceptance and Bill of Sale, as
shown on page __________, for the water system within the project known as
Lutheran Haven.
59.
Amendment
#1, as shown on page _________, to CC-1209-03.
60.
Work
Order #8, as shown on page _________, to PS-0381-06.
61.
First
Amendment, as shown on page _________, to M-232-05, Motorola, Inc.
62.
Work
Order #2, as shown on page _________, to PS-1020-06.
63.
Change
Orders #7, #8 & #9, as shown on page __________, to CC-1243-04.
64.
Work
Order #56, as shown on page _________, to PS-5165-04.
65.
Work
Order #60, as shown on page _________, to PS-5165-04.
66.
Work
Order #64, as shown on page _________, to PS-5165-04.
67.
First
Amendment, as shown on page _________, to IFB-600016-06.
68.
Performance
and Payment Bonds, as shown on page _________, for CC-1055-06.
69.
Change
Order #2, as shown on page _________, to CC-0349-06.
70.
Satisfaction
of Lien, as shown on page _________, for Case 05-88-CEB, Robert Smith and
Mercerdees Murrell.
71.
Assignment
of Utility Agreements, as shown on page __________, for water and sewer service
with Gary Randall-Trustee and BSP/Carrigan Alafaya, LLC.
72.
Conditional
Utility Agreements, as shown on page __________, for water and sewer services
with Sanford Bay, Inc., General Partner of
73.
Conditional
Utility Agreements, as shown on page __________, for water and sewer service
with CRF-Sanford, LLC for the project known as
74.
Notice
of Commission Hearing and Prehearing from the
75.
Work
Order #47, as shown on page __________, to PS-5150-03.
76.
Maintenance
Bond #41078268, as shown on page __________, in the amount of $29,289 for the
project known as Buckingham Estates Ph. 3 & 4.
77.
Performance
Bond #103919216, as shown on page __________, in the amount of $278,088.79 for
the project known as Oakhurst Reserve.
78.
Work
Order #5, as shown on page _________, to RFP-0013-06.
79.
Work
Order #22, as shown on page __________, to RFP-4241-05.
80.
Work
Order #71, as shown on page __________, to PS-556-00.
81. Bids as follows: PS-1529-06; RFP-1438-06; RFP-600106-06;
IFB-600108-06; PS-1501-06; RFP-600104-06; and CC-1472-06.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
April
Boswell, Planning Manager, addressed the Board to present request for reduction
of the Code Enforcement Lien for property located at
Upon
inquiry by Commissioner McLean, Ms. Boswell explained who had ownership of this
property at the time the notice was sent.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to waive the Code Enforcement Lien, which
totals $9,000.00, on property located at
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms.
Boswell requested Board’s direction regarding late payment received from
Kirkman Properties, LLC, located at
Ms.
Boswell explained for Commissioner McLean if there are additional penalties if
the payment is not made within the next 60 days.
Commissioner
Carey stated if it was important for the respondent to ask for a reduction,
then it looks like they would have paid it on time.
Ms.
Boswell informed the Board that John Englehart, respondent’s representative, is
in attendance to answer any questions.
District
Commissioner Henley stated he is inclined to agree with staff as this Board
goes to the point of granting the reduced amount to administrative costs only and
if they do not comply, then the County will find themselves with the same type
of negligence that there is no teeth in the code enforcement. Therefore, he would recommend upholding
staff’s recommendation.
Motion by Commissioner Henley, seconded
by Commissioner McLean to not accept the late payment received from Kirkman
Properties, LLC, located at
Districts
1, 2, 3, 4 and 5 voted AYE.
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Alice
Gilmartin, Community Services, addressed the Board to present request to
approve proposed revisions to the SHIP Local Housing Assistance Plan (LHAP) for
Fiscal Years July 2004 through June 2007; authorize staff to submit the
proposed revisions to the Florida Housing Finance Corporation for approval; and
adopt Resolution identified as Exhibit A, which indicates support for these
revisions. She stated they are in the
third year of the adopted Local Housing Assistance Plan and the changes they
are making will roll over into a new three-year fiscal assistance plan that
they will be bringing to the Board in the spring and it needs to be approved by
May 2. She displayed a PowerPoint
Presentation (received and filed) and reviewed the following issues: What are We Doing; Where are We Going; a Spreadsheet
relating to Subsidy Amounts; and Affordability Requirements. She stated other minor revisions include the
ability to use SHIP money in a community land trust and broadening the
foreclosure prevention program to include property taxes and home insurance.
Chairman
Henley stated he appreciates what staff has attempted to do because this Board
has expressed concerns about the limits they had. He said he feels this action, if approved,
will help the very-low, extremely low and moderate income families. The former
Commissioner
Carey stated 90% of the MSA area is about $265,000 and she cautioned staff placing
restrictions on the mortgage deed that says they must sell it to low or moderate
income as they may not recognize that situation. She said that will affect their ability to
sell the house.
Ms.
Gilmartin stated this restriction that has been in the Assistance Plan and it
mirrors HUD requirements. Staff will be happy
to work with the
Commissioner
Carey stated if they are going to up the limits and add moderate income, then she
said she believes they should look at that restriction.
Chairman
Henley asked if they have the parameters to put a restriction in to require
them to pay back the money if they don’t sell the house to a low or moderate
income buyer.
Mr.
McMillan stated his office will check to see if it is permissible under HUD
regulations to add that revision. He
feels it is a requirement of the federal regulations and it is tied to the
money. He added that he will look at it
and see what needs to be done.
Commissioner
Carey stated HUD speaks to the low, very low, and extremely low incomes and she
is not sure it speaks to the moderate income.
This program is not just for first-time home buyers and she would recommend
calling it home buyer assistance or down payment assistance.
Commissioner
Van Der Weide stated he feels a lot of people may stay out of the program based
on the information provided.
Commissioner
Carey stated she feels the first-time home buyer phrase is a little misleading.
Upon
inquiry by Commissioner Dallari, Ms. Gilmartin advised they do not provide for
moderate income, but staff anticipates the doors will open up for them. The State helps moderate income people through
the Florida Bond Program. She stated
they do not know how many people they can assist.
Commissioner
Dallari stated he feels part of this needs to be marketed as the title is
misleading and a lot of people are not aware of this program. He stated his other concern is if they allow the
people to pay back what the down-payment assistance is, they are actually
taking properties off the affordable housing list.
Upon
inquiry by Commissioner McLean, Ms. Gilmartin advised staff is not using the initial
annual distributions they receive from the State. The money received from people who refinance
their homes goes into a special account called recaptured money. Another account
is called program interest that draws interest from the program interest
account. She stated the money from recaptured
money and program interest will be used for the very-low and extremely-low
people.
Shelley
McHaney, Community Services, addressed the Board to explain for Commissioner
Carey the reason for someone having to repay the money and how many people have
been placed into a home.
Mr.
McMillan informed Commissioner Dallari that if they have the flexibility of paying
back the down payment assistance, they need to look at what conditions are in
the SHIP program. He can determine what
conditions can be placed on it. He
stated he will check into this and bring it back to the Board.
David
Medley, Community Services Director, addressed the Board to state HUD does
provide for recaptured funds and the terms in which they can do so are somewhat
flexible. Staff can look at that and
bring it back to the Board. He stated a
lot of improvements have been made throughout the years on manufactured
homes. Staff will be looking at manufactured
or mobiles homes for consideration as options for low-income housing. The strength and stability of some of those
homes have proven themselves throughout the coast during recent storms. Staff will bring that back to the Board.
Upon
inquiry by Commissioner Carey, Ms. Gilmartin advised this item must be approved
by May 2.
The
Board had no objections to deferring
Item #44, Technical Revisions to the SHIP Local Housing Assistance Plan, in
order to clarify the questions that have been raised. Staff will bring it back to the Board for
action.
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Don
Fisher, Deputy County Manager, addressed the Board to present request to approve
ratification and authorize Chairman to execute Contract with
Motion by Commissioner Dallari,
seconded by Commissioner Carey to approve ratification and authorize Chairman
to execute Contract, as shown on page ________, with
Districts
1, 2, 3, 4 and 5 voted AYE.
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Tina
Williamson, Interim Assistant Planning Manager, addressed the Board to present
request for approval of the Final Site Plan for Lots 2 and 3 of the Mirror Lake
Planned Commercial Development (PCD); and approval of Addendum #5 to the Mirror
Lake PCD Developer’s Commitment Agreement for Bear Lakes Shoppes located at
3860 East SR 436,
Upon
inquiry by Commissioner Van Der Weide, Brady Lessard, CPH Engineers, addressed
the Board to advise if there are any issues, the applicant pledges to make sure
those issues are taken care of.
Upon
inquiry by Commissioner McLean, Ms. Williamson advised the size of the parking
spaces are standard.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to approve Final Site Plan for Lots 2 and 3 of
the Mirror Lake Planned Commercial Development (PCD), and approval of Addendum
#5, as shown on page ________, to the Mirror Lake PCD Developer’s Commitment
Agreement for Bear Lakes Shoppes located at 3860 East SR 436,
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley advised that request to approve the Third Amendment to the Seminole
Community College Lease for the
Ms.
Coto stated it would be helpful if the Board would let her know what items they
feel are negotiable or non-negotiable.
There were some concerns expressed by the residents relating to noise,
lighting, etc. Also, there were concerns
relative to funding being provided; there will be no a charge for staff to use
the facility, the Fire/EMS/Rescue not being built at that location, and those
components were removed from the agreement.
She stated if there were any contamination in the future at the gun
range, SCC would be responsible for the clean up of that site. She said if the Board has any insight on this
issue; please submit it to her prior to the meeting with SCC.
Chairman
Henley stated he feels staff has done a good job in protecting the interest of
the people, but the only criticism he has relates to the waiver of the fees
applying only to Phase I. Phase I is the
limited use and Phase II will benefit the County the most. He stated he doesn’t want to leave themselves
in a position that would allow them to attempt to use the fee basis in order to
try to convince the County to help them with the second phase also. He said he thought that the fee sunsets in
2023 and why should the County not be allowed to use that since they continue
to have use of the 20 acres.
Commissioner
Dallari stated the college will not be using all the land as a lot of it is
wetlands. He stated he would like to see
if those wetlands can be excluded from the contract to see if it is
advantageous for them to put it in the wetlands mitigation bank.
Ms.
Coto stated when this was approved 15 years ago it was anticipated that they would
have Fire/Rescue/EMS training there as well.
She stated the Fire Chiefs determined that it was not an appropriate
location. At this time, it is used for
Criminal Justice students as well as law enforcement.
Commissioner
Carey stated the fact that they are not going to build a Fire/Rescue/EMS
facility out there, maybe they can look at the terms of the lease and reallocate
what land would be associated with the tract to keep Phase II from impacting
the wetlands. She stated they may need
to go back to the drawing board and look at the entire process.
Chairman
Henley stated at the time they agreed to the agreement, they didn’t know what the
results of the design study were going to be.
Commissioner
Dallari stated since the fire element has been moved to Valentine Way, he would
like to know what the program is going to be doing so they can free up that
land, if possible, on Valentine Way.
Ms.
Coto stated staff is in discussions with the college relating to that issue. She stated it is her understanding that the
Upon
inquiry by Commissioner Dallari, Ms. Coto advised she understands letters have
been written to the State by the Community College relative to a variance and
they were advised that one would not be granted. If they want to keep their certification and
run their classes, it would have to be on a single location.
Chairman
Henley stated Ms. Coto can keep the Board up to date.
Ms.
Coto stated she spoke to the Board during the first week in January relative to
a proposed reorganization. She stated
she is asking the Board’s approval of the reorganization in concept so that she
can move forward with developing the implementation strategy, timeline, and
taking the necessary steps to proceed forward.
She said the Board will see elements of this as they go through
amendments to the Administrative Code as well new classifications, and those
will have to be identified in the appropriate pay bands.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to approve the proposed reorganization, as shown
on page ________, of the County as presented by the
Under
discussion, Chairman Henley stated he met with Ms. Coto on this and there was
one item that is not clear, but he feels she will discuss that in depth at a
later date.
Commissioner
Van Der Weide stated he feels Ms. Coto has briefed the Board thoroughly and he
concurs with what she is doing.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan submitted a copy of the Home Rule Charter amendments (received and
filed) approved by the voters in November.
He stated the first amendment refers to the commissioners’ salaries and
he will be setting up meetings with each Board member to discuss the amendments. He said the first amendment does not need to
be done until early spring or summer. He
added two charter amendments require the Board to do something by October. The first one deals with the audit committee. This one will be a strange committee because
it did not change anything relative to who has the authority to conduct audits,
but sets up a voluntary committee that reports to the BCC. The Board will appoint two voting members and
the Constitutional Officers will appoint the five remaining members. A suit has been filed on this amendment but
the County has not been served to date. He
said he and Ms. Coto have met on this issue and they have asked Lisa Spriggs,
Fiscal Services Director, to do the research and background. The Board is required to pass an ordinance to
set this up.
Upon
inquiry by Commissioner Carey, Mr. McMillan advised the challenge on this
amendment appears to say to the extent that this committee would impact the
Constitutional Officers. He said he feels the real issue is this committee
would be setting standards for internal audits that would apply to the Clerk in
conducting her audits. He stated he is
sure that is what it does, but it is to the extent that it would impact the
Constitutional Officers or subject them to what this audit committee does or
attempt to regulate how audits are conducted.
Ms. Spriggs and his staff will be meeting to discuss how it may be
structured and that needs to be in place by October 1st.
Mr.
McMillan stated the other amendment that goes into effect October 1 is the one
that provides the Constitutional Officers shall be subject to internal audits by
whoever is designated to conduct the internal audits, and this is the key one that
is being challenged. There are two
ethics ordinances and the one talks about lobbying and the Tax Collector
selling tax certifications and that one needs to be adopted before January 8,
2008. The other ordinance is really a
disclosure ordinance and it requires that anybody who applies for a rezoning
disclose the true ownership of property that is subject to a Comp Plan
amendment, rezoning, variance or a special exception.
Upon
inquiry by Commissioner Carey, Mr. McMillan advised blind trusts may be an
issue where there is confidentiality and they may not have the ability to
require that disclosure. Staff will have
to figure out how they can do it as there are federal and state laws that
prohibit the disclosure of that information.
Mr.
McMillan stated the last amendment gives the Board authority to enact an
ordinance that would provide economic financial impact statements regarding
future charter amendments, and the Fiscal Services office is working on
that. The issue is the State controls
the ballot and it is implemented by a multi-page statute. A joint committee is set up to take testimony
and that committee has to make a recommendation. It then goes to the Supreme Court for their
review and approval before it is placed on the ballot. He stated staff will have to find some options
there. The five Constitutional Officers
have filed a suit in the Circuit Court challenging the constitutionality but he
doesn’t have copies of the challenge to date.
He said the County has not been served yet and at this point he will not
be asking the Board to do anything. He
stated he is planning to meet with each Board member to review these issues
further. He added he will probably meet
with some of the members of the Charter Review Committee as well.
Commissioner
Van Der Weide stated the citizens have overwhelmingly approved these amendments
and he doesn’t want them feeling that the Board is ignoring the results of that
election.
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The
Chairman recessed the meeting at 11:05 a.m., reconvening at 1:30 p.m., this
same date, with all Commissioners and all other Officials, with the exception
of Deputy Clerk, Eva Roach, who was replaced by Deputy Clerk, Sandy McCann, who
were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner McLean 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 FOR AMENDMENTS TO LDC
RE: CANOPY ROADS, Continued
Continuation
of a public hearing to consider amendments to the Land Development Code of
Seminole County, amending Chapter 2 (Definitions) and Chapter 60 (Arbor
Regulations) of the Land Development Code, establishing canopy roads, candidate
roads and tree protection zones, and increasing the minimum caliper requirement
for tree replacement zones, as described in the proof of publication.
Senior
Planner, Jeff Hopper, addressed the Board to present the amendments, advising
of changes on pages 4, 8, 10 and 11 of the proposed ordinance.
Commissioner
Carey expressed her concern that the LDC is requiring many of these trees to be
planted under the power lines. She
suggested the County meet with the power companies to talk about alternatives. She also suggested staff look at the LDC to
see what the County is requiring people to do.
She expressed her concern about the list of canopy roads, stating
Country Club Road has been added to the list; however, there are parts of the
road that have no trees on it whatsoever.
She added she believes the Board needs to look at this ordinance closer,
and she would like for this item to be continued and brought back.
Commissioner
Van Der Weide stated he has similar concerns about the ordinance.
Chairman
Henley suggested continuing this so that staff can meet with each Commissioner
for more input.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to continue until March 27, 2007, consideration
of amendments to the Land Development Code of Seminole County, amending Chapter
2 (Definitions) and Chapter 60 (Arbor Regulations) of the Land Development
Code, establishing canopy roads, candidate roads and tree protection zones, and
increasing the minimum caliper requirement for tree replacement zones, as
described in the proof of publication.
Under
discussion, Commissioner Dallari requested staff look at the “root guard”
product before they bring this back for consideration.
No
one spoke in support or in opposition to the continuance.
Speaker
Request Form from Bill Holmes was received and filed.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF MAJOR
AMENDMENT TO
Continuation
of a request to consider a Major Amendment to the Hawthorne Glen PUD for
property consisting of 1.46 acres located on the northwest corner of the
intersection of Old Lockwood and McCulloch Road, as described in the proof of
publication, James Hattaway.
Principal
Coordinator, Tina Williamson, presented the request, advising the Board
approved the PUD on September 23, 2003 for 225 townhouse units and a commercial
tract (Tract F). At this time, the
applicant is requesting to amend setback and buffer requirements for commercial
Tract F. She outlined the requested
changes as follows: (1) Complying with
the LDC Active/Passive Buffer Setback Design Standard, which requires a 6-foot
masonry wall and a double row of canopy trees along the north property line;
(2) A 25-foot building setback and a 5-foot landscape buffer planted with live
oaks of 4-inch diameter along the eastern right-of-way property line (trees to
be planted every 40 feet & further sub-canopy trees shall be planted
between each oak and abutting access points and intersections). Also, a continuous shrub hedge shall be
planted to ensure that a height of 3 feet will be attained within one year of
planting to screen a minimum of 75% of the parking area; (3) A 50-foot building
setback and 5-foot landscape buffer and all required landscaping per the LDC;
and (4) Along the western property line – the northerly 50 feet shall comply
with the LDC Active/Passive Buffer Setback Design Standards and a 6-foot
masonry wall shall be required along the northern 50 feet of the western
property line. In addition, to the other
requirements along the northerly 50 feet, a double row of canopy trees shall be
required along the entire western property line. She further advised the property is located
in the HIP area and staff feels the amendment is compatible because the
surrounding area has transitioned towards a more urban development pattern
since 2003. Therefore, staff recommends
approval of the request.
Discussion
ensued with regard to whether or not there is a power line on the edge of the
property.
District
Commissioner Dallari stated he has walked the property and does not remember
seeing a power line.
Chairman
Henley stated he does not have a problem with the request, except for the
eastern boundary across from the County’s wilderness area. He said he does not think the five-foot
buffer is enough of a protection.
Mike
Hattaway, representing the applicant, addressed the Board to state they are
only asking for a reasonable use of the property. He added that the staff and the P&Z
Commission both recommended approval.
No
one else spoke in support or in opposition.
District
Commissioner Dallari recommended the following changes: (1) 20-boot buffer on the east side with the
following planted every 100 feet: six
5-inch caliper canopy trees, 10 3-inch caliper sub-canopy trees, 40 shrubs at 3
feet high within one year of planting, 2-foot high berm the entire length of
the buffer with planting on top of and throughout the berm, buffer installed
following site work but prior to any site construction, and buffer must be at
100% opacity at 6-feet high within one year.
A 25-foot minimum building setback and the side of building adjacent to
the east property line must be passive without any access points and any
windows must be tinted so as to reduce light spillage into the outside
environment; (2) For the west side adjacent to the retention pond, keep the
active/passive buffer of 50 feet down from the north property line of Tract F,
then 10-foot buffer with plantings as presented in staff report. Also, the building setback of 10 feet from
the western property line; (3) The active/passive buffer will be as presented
in the staff report for the north property line; and (4) Maintain a 25-foot
setback on the southern property line - only change is to a five-foot
buffer. Copy of Commissioner Dallari’s
recommendation was received and filed.
Upon
inquiry by Commissioner Carey, District Commissioner Dallari clarified that he
would not have a problem with having shoebox lighting in the parking lot.
Mr.
Hattaway stated he does not have a problem accepting Commissioner Dallari’s
recommendation.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to approve the Hawthorne Glen PUD Major
Amendment; authorize the Chairman to execute Addendum #1, as shown on page
________, amending certain provisions as to Tract F in Development Order
#03-20500005; execution of Addendum #1, as shown on page _______, to the
Hawthorne Glen PUD Developer’s Commitment Agreement; and adoption of Ordinance
#2007-3, as shown on page _______, for property consisting of 1.46 acres
located on the northwest corner of the intersection of Old Lockwood and
McCulloch Road, as described in the proof of publication, based on staff
findings, James Hattaway.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF THE
CONSOLIDATED
STREET LIGHTING DISTRICT
ORDINANCE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Ordinance for the Consolidated Street Lighting District Ordinance
which includes the addition of the Summerfield and Hamilton Place subdivisions
as new sub-districts and confirmation of 377 existing sub-districts and
repealing Ordinance #2006-5 adopted January 24, 2006, received and filed.
Kathy
Moore, Fiscal Services, addressed the Board to present the request, advising
the new sub-districts will become effective October 1, 2007.
Kevin
Kellow (phonetic),
Ms.
Moore advised the 20% is a standard procedure for all districts.
No
one else spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt Ordinance #2007-1, as shown on page
_______, for the Consolidated Street Lighting District Ordinance which includes
the addition of the Summerfield and Hamilton Place subdivisions as new
sub-districts and confirmation of 377 existing sub-districts and repealing
Ordinance #2006-5 adopted January 24, 2006, as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF JOBS GROWTH
INCENTIVES PROGRAM AMENDMENT
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an amendment to the Seminole County Code, Chapter 218, Section 218.18,
“Review of Jobs Growth Incentives Fund Applications”, by changing references to
manager, to department or director, where appropriate; and by deleting specific
employee titles from staff review team; deleting in its entirety Section
218.21, the “Sunset Provision”, received and filed.
Sabrina
O’Bryan, Economic Development, addressed the Board to present the request.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt Ordinance #2007-2, as shown on page
_______, approving amendment to the
Seminole County Code, Chapter 218, Section 218.18, “Review of Jobs Growth
Incentives Fund Applications”, by changing references to manager, to department
or director, where appropriate; and by deleting specific employee titles from
staff review team; deleting in its entirety Section 218.21, the “Sunset
Provision”, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 2:25 p.m., reconvening it at 2:35 p.m., this
same date.
CHAIRMAN’S
REPORT
The
Chairman advised of needed Board appointments to the Animal Control Board.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to appoint Dr. DeHaven Batchelor and Bill Shaffer
to the Animal Control Board for terms ending January 1, 2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to appoint Russell McLatchey to the Fred R.
Wilson Memorial Board of Trustees for a term ending January 1, 2010.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley advised of his nominations for District 4
appointments/reappointments.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to appoint/reappoint the following for District
4:
Agriculture Advisory Committee – John
Lommerse and David Evans for terms ending January 1, 2009.
Animal Control Board – Barbara Lewis for a
term ending January 1, 2008.
Disability Advisory Board – Sara Brothers for
a term ending January 1, 2009.
Natural Lands Committee – Robert Bowden and
Carolyn Schultz for a term ending January 1, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Upon
inquiry by Chairman Henley, the Board voiced no objections to submitting any appointments prior to the BCC
meeting so that they can be included in the agenda.
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Chairman
Henley stated he has not been able to find any policy with regard to
out-of-state travel for Commissioners.
He said three commissioners initially intended on going to the National
Convention for NACo in Washington D.C., but one (Commissioner McLean) has since
said he has a conflict. He said he
believes it is appropriate for the Board to come up with guidelines on
out-of-state commissioners’ travel so that these trips can be budgeted
for. He further said if there are no
objections, he would like to meet with the
Commissioner
Carey suggested bringing out-of-state travel requests to the BCC for approval;
and said the Board needs to make a consensus decision on the policy. She stated that with regard to the NACo
Conference, she said she is the Board representative and she signed up to go
and if there is no objection, that is her intent.
Commissioner
Van Der Weide stated he had told the
Chairman
Henley stated his concern is the impact this will have on the budget.
Commissioner
Carey said that except for the bond issue, she has not done any out-of-state
travel and most commissioners have traveled at a minimum. She added that there was one commissioner who
traveled extensively, but he is no longer on the Board. She further said that it is important for the
BCC to be active in NACo. She stated
that if there is a policy for out-of-state travel, she would also want the
Commissioner
Dallari advised that the bond people want to see the County on an annual
basis. However, he said this should come
to the Board so that they make sure the right person is going, which would be
the person who represents the Board locally and countywide.
Commissioner
McLean commented that under the right circumstances, it may be appropriate to
have more than one commissioner go to a particular function because sometimes
one person cannot cover all the different meetings and seminars.
Commissioner
Carey agreed that sometimes there are too many meetings for one commissioner to
cover.
Commissioner
Van Der Weide stated the issue is reservations – he has a desire to attend and
is asking the Board for approval.
Motion by Commissioner McLean, seconded
by Commissioner Carey to authorize out-of-state travel for Commissioners Van
Der Weide and Carey to attend the NACo Conference in
Under
discussion, Chairman Henley stated he and the Manager will come back to the
Board with a brief statement regarding out-of-state travel to be added to the
Administrative Code.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Van Der Weide cautioned the Board that flexibility is needed on this
policy.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
McLean stated he has received a couple of requests regarding non-conforming
lots in the
Chairman
Henley stated that the Board has dealt with these types of lots in the
past.
Commissioner
Carey advised staff is working on getting the inventory done, but it is going
to take 6 to 8 months. She said the one
issue she has asked the staff to look at is how to flag these non-conforming
lots so that people are on notice.
Discussion ensued.
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Commissioner
McLean advised of some concerns expressed to him with regard to the new law
regarding ATV’s (All Terrain Vehicles).
The
Chairman suggested the Sheriff’s Office get involved with regard to the
complaints. Whereupon,
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Commissioner
McLean expressed his appreciation to the Board and County staff for their
action in re-allocating the $25,000 for the Helen Stairs Theatre.
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Commissioner
McLean advised the County’s turn to host the CALNO meeting is in October. He informed the Board that members of CALNO
have asked if the BCC would consider a joint meeting at that time.
Commissioner
Henley asked that the agenda be given to the Board in advance. Commissioner Dallari asked that the BCC be
allowed to place things on the agenda as well.
Commissioner
Carey requested the
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Commissioner
Van Der Weide informed Commissioner McLean that he has been contacted by
residents in District 2 about the noise ordinance and he told them that the
District Commissioner will take care of the problem.
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Commissioner
Van Der Weide advised how commissioners can become members on the Board of
Directors for FAC.
-------
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to appoint/reappoint the following for District
3:
Agriculture Advisory Board – Rex Clonts, Jr.
& Paul Klinger, Jr., for terms ending January 1, 2009
Disability Advisory Board – Elizabeth
Murphrey & Doreen Kirk, for terms ending January 1, 2009
Historical Commission – Paul Zuromski, for
term ending January 1, 2009
Natural Lands Committee – Ben Tucker, Grant
Maloy & Michael Kramer, for terms ending January 1, 2009
Code Enforcement Board – Jay Ammon, for term
ending January 1, 2010
Parks & Recreation Advisory Board – Roger
Cooper, for term ending January 1, 2008
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey nominated Kimberly Day to the Planning & Zoning Commission.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to appoint Kimberly Day to the Planning & Zoning
Commission for a four-year term, ending January 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey requested Commissioners complete and return the survey on the Portability
of Save Our Homes Benefits by January 12, 2007.
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Commissioner
Carey advised she will be attending MetroPlan on January 10, 2007, and the
Wekiva River Basin Commission meeting on January 12, 2007.
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Commissioner
Carey also advised that she will be attending the East Central Florida Regional
Planning Council on January 17, 2007.
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Commissioner
Carey stated that the Boy Scout Golden Eagle Dinner is scheduled for April 2,
2007 and she will be the honoree. She
further stated that Commissioner Dallari is the Co-Chair of the event.
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Commissioner
Carey congratulated the
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Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to appoint/reappoint the following for
District 1:
Agriculture Advisory Board – Tom Minter &
Reggie Brown for terms ending January 1, 2009; and adopt appropriate Resolution
#2007-R-14, as shown on page _______, commending Timothy Moriarty for her
services on same.
Animal Control Board – Chris LaSage for term
ending January 1, 2008
Disability Advisory Board – Jim Berko &
Ophelia Moore for terms ending January 1, 2009
Historical Commission – Phil Tua & David
Miller for terms ending January 1, 2009
Library Advisory Board – Tina Calderone for
term ending January 1, 2009
Natural Lands Committee – Kim Jennison, Leigh
McEarchern & Joan Brown Bachmeier for terms ending January 1, 2009; and
adopt appropriate Resolution #2007-R-15, as shown on page _______, commending
Steve Edmonds for his service on same.
Parks & Recreation Advisory Board – Tom
Boyko & Ken Burns for terms ending January 1, 2008
Contractor Examiner Board – Bill Miller
(Building Contractor) for term ending January 1, 2008
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari advised the Willa Grove wall has not been built to date. He said a letter has been sent advising the
residents that if the wall is not built by the end of the month, the issue will
be brought back to the BCC for review.
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Commissioner
Dallari expressed his appreciation for all the get-well wishes he received
during his recent illness.
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Commissioner
Dallari asked for thoughts and prayers for Jim Logue and his family as he
battles cancer.
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Commissioner
Dallari advised the Scottish Highland Games will be held January 19 and 20,
2007. The festivities will begin Friday
night at the Altamonte Hilton and the games will be at the
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Copy
of letter dated
2. Letter
dated
3. Letter
dated
4. Letter
dated
5. Copy of
letter dated
6. Copy
of letter dated
7. Copy
of memorandum dated
8. Copy
of memorandum dated
9. Memorandum dated
10. Memorandum dated
11. Letter dated
12. Letter dated
13. Letter dated
14. Letter dated
15. Notice and agenda of the
16. Memorandum dated
17. Letter dated
18. Letter dated
19. Letter dated
20. Letter dated
21. Copy of letter dated
22. Contract for services, as shown on page
_______, between Seminole County Government and the following: Sandra Field (Score Keeper), Peter Velasquez
(Umpire /Slow Pitch Softball), Peter Gillich (Field Supervisor), Augusto
Vazquez (Umpire/Slow Pitch Softball), Mark Thaens (Score Keeper), Jessica
Fiorenza (Score Keeper), Jennifer Sovern (Score Keeper), Jose Santiago,
23. Letter dated
24. Notice of public hearing - City of
25. Letter dated
26. Copy of letter dated
27. Copy of letter dated
28. Letter dated
29. Copy of letters dated
30. Notice of City of
31. Memorandum dated
32. Letter dated
33. Notice of City of
34. Letter dated
35. Letter dated
36. Letter dated
37. Letter dated
38. Letter dated
39. Copy of memorandum dated
40. Letter dated
41. Letter dated
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Mr.
McMillan asked for any Board direction on the noise ordinance. Whereupon, Commissioner McLean advised he
plans to meet with the Sheriff on the enforcement issues and will bring the
issue back to the Board on January 23, 2007.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 3:25 p.m., this same date.
ATTEST:____________________Clerk____________________Chairman
er/slm