BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 22, 2002
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, October 22, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1) (Late)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Commissioner Carlton Henley.
Commissioner Randy Morris led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-156, as shown on page _______, commending Elmer (Jake) Sneed, Jr., Information Technologies Senior Technician, for faithful service to his country as a member of the Air Force Reserves, 919th Mission Support Squadron, upon his safe return to Seminole County.
Districts 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Sneed.
Chief Master Sergeant Gary Frost, Eglin Air Force Base, addressed the Board to express his appreciation to Tech. Sergeant Sneed for his service to the 919th Mission Support
Squadron. He explained that the Squadron is part of the Special Operations Command and was the first to be activated after the September 11 attacks.
Commissioner Maloy entered the meeting at this time.
Chief Master Sergeant Frost stated that as proud as they are of Tech. Sergeant Sneed, they are also proud of the families and employers of the men and women who were deployed. He also expressed appreciation to the Board in recognizing Tech. Sergeant Sneed.
Elmer (Jake) Sneed, Jr., addressed the Board to express his appreciation for the Resolution and for all the letters, cards and prayers. He added that there are still troops in service and they also need support.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-157, as shown on page _______, in recognition of the Department of Information Technologies’ award from the National Association of Telecommunications Officers and Advisors (NATOA) for Excellence in Government Programming.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Matt Chesler and his staff, Paul Louis, Terry Connolly and Andrew Cordova who expressed their appreciation. They showed a short video regarding SGTV.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the following:
3. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 108/708A/708B of the Lake Emma Road improvement project, located on the west side of Lake Emma Road north of Danbury Mill subdivision, Phillip & Jessica Bergeron in the amount of $10,625.00, inclusive of attorneys fees and expert costs.
4. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 112 of the Wymore Road improvement project, located on the east side of Rollingwood Trail in Spring Lake Hills subdivision, Robert & Jerri E. Bowles in the amount of $6,000.00, inclusive of attorney fees and expert costs.
5. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 114 of the Wymore Road improvement project, located on the east side of Rollingwood Trail in Spring Lake Hills subdivision, Ronald & Anita Raike in the amount of $6,000.00, inclusive of attorney fees and expert costs.
6. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 110 of the Wymore Road improvement project, located on the east side of Rollingwood Trail in Spring Lake Hills subdivision, G. Vernon & Grace L. Styron in the amount of $6,000.00, inclusive of attorneys fees and expert costs.
7. Adopt Fourth Amended Resolution of Necessity #2002-R-158, as shown on page _______, relating to Lake Emma Road improvement project (from Longwood-Hills Road to Sand Pond Road).
8. Authorization to accept Offer To Have Judgment Entered as to Parcel No. 106 of the East Lake Mary Boulevard, Abdulhussein, Segment 1 road improvement project in the amount of $84,000.00, inclusive of land value, severance damage and statutory interest.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised that Item #22, RFP#4167-02/BJC, and Item #41, X-treme Challenge, have been withdrawn from the agenda.
Upon inquiry by Commissioner Morris, Katharine Townsend, Tourism Development, addressed the Board to advise Item #41 is being withdrawn because the amendment to the contract needs to be redone. Commissioner Henley requested that Item #42, 2003 USA Softball Men’s Super SP National Agreement also be delayed because the application is incomplete and more information is needed.
The Board agreed to also continue Item #43, Seminole Soccer Club Agreement, pending additional information.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve and authorize the following:
14. BCR #02-136 – $64,400 – Planning & Development – Administration – Fund: 10400 – Development Review fund. An accounting adjustment is requested to place funds in the capital line. The Board of County Commissioners approved the purchase of the Selectron IVR system on August 13, 2002. Based on the requirements of GASB-34 and GAAP, the amount of the purchase needs to be capitalized.
15. Request authorization to schedule and advertise a public hearing for the purpose of adopting the Consolidated Street Lighting District Ordinance; and adoption of a Resolution establishing Seminole County’s intent to adopt the Uniform Method of Collecting Non-ad Valorem Assessments.
16. Award CC-1188-02/BJC – Continuing Contracts, as shown on page _______, for Miscellaneous Roof Repairs and Roof Inspection Reports to Sunshine Roofing & Consulting, Inc., Orlando and The Roofing Connection, Inc., Casselberry (Not-to-exceed $200,000/year).
17. Award CC-1190-02/BJC Contract, as shown on page _______, Southeast Regional/Lake Hayes Water Transmission Main – Phase I (Tuskawilla Road to S.R. 426) Construction Project, to Garney Companies, Inc., Kansas City, MO ($1,479,470.00).
18. Approve Change Order #6, as shown on page _______, to FC-1169-02/BJC - Museum of Seminole County History, Agriculture Exhibit Building, with Pooley Enterprises, Inc., Orlando ($47,382.42).
19. Approve ranking list for PS-5125-02/BJC – Design and Environmental Permitting Services for Cross Seminole Trail South – Phase III project and award Agreement, as shown on page _______, to Reynolds, Smith & Hills, Inc., Orlando (Not-to-Exceed $175,000.00).
20. Approve ranking list for PS-5128-02/BJC – Engineering Services and Construction Engineering and Inspection Services for Country Club Well #3 project, authorize negotiations and award Agreement, as shown on page _______, to Inwood Consulting Engineers, Inc., Orlando (Not-to-Exceed $153,000.00).
21. Approve Amendment #1, as shown on page _______, to PS-537-99/BJC – Preliminary Engineering and Final Design Services for C-15 (from S. R. 46 to S. R. 600/US 17-92), with Bowyer-Singleton & Associates, Inc., Orlando (Not-to-exceed $72,540.00) (Time Extension).
22. Withdrawal of request to approve the ranking for RFP-4167-02/BJC – Miscellaneous Improvements to the nine (9) Water Treatment Plants and two (2) Wastewater Treatment Plants Facilities – Phase II, authorize negotiations and award the agreement to Wharton-Smith, Inc., Lake Monroe (Not-to-Exceed $2,000,000.00).
23. Approve Work Order #1 to RFP-4130-01/BJC - Review Appraisal Services for East Lake Mary Boulevard, Phase II-B, with P.A.R.A.R.A., Inc., Deland ($87,500.00).
24. Approve Amendment #2, as shown on page _______, to RFP-4117-01/GG for Display Wall & Display Wall Controller for Seminole County Advanced Traffic Management Controller, with Advanced Video Inc., Columbia, SC (Increasing the contract value by $49,872.00).
25. Award IFB-3055-02/JVP – Term Contract for Overhead Door Maintenance, to J.B. Mathews Company, Apopka ($350,000.00).
26. Approve Amendment #3 to A/B-3023-01/PE – Landscape Maintenance, Fine Cut Mowing with Hinton Enterprises, Deltona ($4,800.00).
27. Approve Amendment #3 to A/B-382-00/GG – Landscape Construction Services, with Vila & Son Landscaping Corporation, Winter Garden ($350,000.00).
29. Approve and authorize Chairman to execute two Covenants to Comply, as shown on page _______, with The Center for Affordable Housing, Inc. for housing units purchased and rehabilitated with County HOME Program funds (2611 Hartwell Ave. & 1805 Mellonville Ave.).
30. Approve and authorize Chairman to execute Satisfactions of Second Mortgage – Early Release, as shown on page _______, with Brian Hibbard, Robert Whack, Tony & Diane Gilchrist, and Lorna & Darrell Harrington for households assisted under the SHIP Program’s Home Ownership Assistance Program.
31. Approve and authorize Chairman to execute two Satisfactions of Second Mortgage, as shown on page _______, with Justin B. & Jill K. Edwards and Juan C & Aracely Robledo for households assisted under the SHIP Program’s Home Ownership Assistance Program.
32. Approve Final Plat for Lake Forest Section 18, located on the southeast side of Orange Boulevard, north of SR 46 and south of Nevada Avenue (Dyer, Riddle, Mills and Precourt representing Orlando Lake Forest Joint Venture).
33. Authorize release of Performance Bond #17-56-38, American Home Assurance Company, in the amount of $265,138.50 for water and sewer improvements associated with the Home Depot in the Oviedo Crossings PUD.
35. Approve and authorize Chairman to execute the Hazardous Materials Planning Agreement, as shown on page _______, with the State of Florida.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commission Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated October 1 & 8, 2002; and Payroll Approval List, as shown on page _______, dated September 26, 2002.
2. Chairman to execute the following Satisfactions of Judgment for Public Defender Application Fees:
Donald Fernandez, Case #00-9129-MMA - $40
Donald R. Fernandez, Case #00-9129-MMA - $1,195.50
3. Official Minutes dated September 24, 2002.
Districts 1, 2, 3, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received & filed”:
1. Right-of-way Utilization Permit Maintenance Bond, as shown on page _______, in the amount of $15,000 for Rinehart Road.
2. Memo from Denes Balo, Director Clerk’s Finance, transmitting FY 2001/2002 Amended Budget, as shown on page ________, for the Clerk of Circuit Court.
3. Copy of memo from Sandy McCann, Commission Records Supervisor, to Denes Balo, Director of Clerk’s Finance, acknowledging receipt of the Clerk of Circuit Court Amended Budget for FY 2001/2002.
4. Letter from Geraldine Harford, Tax Deed Clerk, Seminole County Clerk’s Office, to BCC regarding list of tax deeds available for sale on September 30, 2002.
5. Development Orders, as shown on page ________, for Mark K. Burbach & Elsie Cruz; Matthew & Anita Staver; Catherine Chestnut; Vincent Liguori; Rob & Cheryl Boulware; and Shannon Tuggle & George Walters III.
6. Copy of Memo from Henry Brown, County Attorney’s Office, to Jerry McCollum, County Engineer, regarding payment/direct pay request for Seminole County v. Autumn Glen Homeowners Association, Inc., et al.
7. Copy of memo from Kevin Grace, County Manager, to BCC regarding Capital Project Fund Transfer in the amount of $146,836, Historical Museum Renovation.
8. Copy of Amended Notice of Hearing & Prehearing Conference to Florida Water Services Corp. from the PSC.
9. Copy of Resolution #2002-R-151, as shown on page _______, commending Ronald Pizzuti for services to the citizens of Seminole County.
10. Work Order #11, as shown on page _______, to PS-574, Sanlando Fall 2002 Groundwater Monitoring Report.
11. Work Order #37, as shown on page _______, to PS-556, System Pressure Modeling Programming.
12. Change Order #1, as shown on page _______, to CC-1137, Historical Museum.
13. Change Order #1, as shown on page _______, to FC-1164, Historical Museum.
14. Change Orders #4 & 5, as shown on page _______, to FC-1142, CR 427, Ph. V & VI.
15. Engineering Services Agreement/M-334-02, as shown on page _______.
16. Eleventh Amendment, as shown on page _______, to RFP-225-95, Security Guard Services.
17. Work Order #3, as shown on page _______, to PS-589, GWL Distribution Improvements.
18. Work Order #3, as shown on page _______, to PS-5116, Markham Woods Road.
19. Work Order #2, as shown on page ________, to PS-5116, Marty Boulevard.
20. Roof Replacement Services Agreement/M-331-02, as shown on page _______.
21. First Amendment, as shown on page _______, to Work Order #42 to PS-532, Surveying Services.
22. Work Order #27, as shown on page _______, to PS-590, East Lake Mary Boulevard.
23. Work Order #6, as shown on page _______, to PS-561, Replacement of Plant and Well Flow Meters.
24. Work Order #7, as shown on page _______, to PS-561, Dunhill Lift Station Flow Meter.
25. Work Order #50, as shown on page ________, to PS-543, Juvenile Justice Center.
26. Agreement CC-1189-02, as shown on page _______, Florida Industrial Electric, Inc.
27. Work Orders #1 & #2, as shown on page _______, to PS-5113, Indoor Air Quality Services.
28. Copy of signature pages, as shown on page _______, for the Byrne Grant Applications approved by the BCC on May 14, 2002.
29. Amendments, as shown on page _______, to Conditional Utility Agreements for water & sewer service with Crystal Photonics, Inc.
30. Conditional Utility Agreements, as shown on page _______, with Tuskawilla Professional Offices, LLC.
31. Conditional Utility Agreements, as shown on page ________, with Small Bay Partners, LLC.
32. Bids for #IFB-3055-02 & #CC-1192-02/BJC, as shown on page _______.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt Budget Amendment Resolution #2002-R-160, as shown on page _______, recognizing Grant Award from the Office of Justice Programs; authorize increase to the Sheriff’s revenue and appropriate expenditures budget by $225,000; and increase the Sheriff’s authorized strength by the two positions included in this funding.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised that the City of Sanford has requested a continuance with regard to the consideration of the Convention Center Interlocal Agreement.
The Board, by unanimous consensus, agreed to continue consideration of same until November 12.
Cathleen Consoli, Planning, addressed the Board to present request for approval of Addendum #1 to the final Master Plan for Mirror Lake Commercial PCD, located at the southeast corner of the intersection of SR 436 and Bear Lake Road, Mitch Collins.
Commissioner Morris questioned whether the lighting will be shielded so there will be no bleed-off effect into the neighborhood.
An attorney with Lowndes, Drosdick, representing the applicant, addressed the Board to advise the lights under the canopy are not recessed; however, they have made sure that there will be no bleed-off offsite, especially to the residential area.
Commissioner Morris stated the Board has discussed lighting before and he is concerned that the wishes of the Board are not getting to applicants.
Planning & Development Director, Don Fisher, addressed the Board to state staff has received direction from the Board with regard to the lighting issue and has drafted an ordinance that will be brought back to the Board. He further stated the ordinance will address recessed lighting and it is likely it will be a code requirement when this project comes in for site plan approval.
District Commissioner Van Der Weide stated there have been tremendous restrictions put on this project and he does not have a problem with the proposed lighting.
Commissioner Morris stated the lighting still should have been discussed during DRC.
Commissioner Van Der Weide stated he can understand Commissioner Morris’ concern with directing staff; but his opinion on this is that he does not want to burden the applicant any more because he has been through a tremendous process. He added that he is not sure that even the new lighting restrictions would enhance the site.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve Addendum #1, as shown on page _______, to the final Master Plan for Mirror Lake Commercial PCD, located at the southeast corner of the intersection of SR 436 and Bear Lake Road.
Under discussion, Commissioner Van Der Weide commented that the reason why the County doesn’t have more gas stations is because they cannot live with the reserve parking for fire lanes in front of the convenience stores. He said he thinks that is something the Board needs to review.
Commissioner Morris stated he came to the Board six months ago on this issue and he has yet to hear a report back. Whereupon, Mr. Fisher advised staff has identified this as one of the codes to be updated and it will be back before the Board over the next few months. He added that the work has already been done on this and they could move it up on the agenda if the Board desires.
Chairman McLain stated he believes the Board is interested in moving this issue up sooner.
Districts 1, 2, 3, 4 and 5 voted AYE.
Stormwater Manager, Mark Flomerfelt, addressed the Board to introduce the following: Gabrielle Milch and Marie Lackey of Seminole County Stormwater, and Bill Watkins and Steve Alverez of the St. Johns River Water Management District.
Bill Watkins addressed the Board to give a brief presentation on the Watershed Action Volunteer (WAV) Program, advising it is a partnership between St. Johns and the Road Operations and Stormwater Divisions of Seminole County. He said it enlists volunteers to help monitor and protect natural resources. Copy of Information Packets from the St. Johns River Water Management District was received and filed.
Gabrielle Milch addressed the Board to give a PowerPoint presentation on the following: WAV Projects, WAV Accomplishments, WAV Volunteer programs, Water Quality Monitoring Volunteers, Storm Drain Marking Program, Lake & Stream Projects, Education Programs, and Future Goals.
Commissioner Henley stated he believes this is excellent work and an excellent presentation. He questioned how frequently staff has presented this program before civic groups.
Mr. Flomerfelt advised they are branching out and have started doing some presentations in front of civic organizations. He added those presentations will be increased.
Mr. Watkins thanked Ms. Milch for the excellent job she is doing.
Upon inquiry by Commissioner Maloy, Linda Burnette, Director of Office of Communications & Governmental Affairs for SJRMD, addressed the Board to advise that the first day of the St. Johns River Summit will focus on the American Heritage River Program.
Chairman McLain expressed the Board’s appreciation for all the good work of the SJRWMD and County staff.
Director of Library & Leisure Services, Suzy Goldman, and Parks Manager, Joe Gasparini, addressed the Board to give an update on the preliminary conceptual plan for Jetta Point, located adjacent to the Black Hammock Trailhead of the Cross Seminole Trail.
Ms. Goldman advised the plan was done by Greg Reynolds, Aloha LLC, who volunteered to work with staff on this effort. The proposed uses of the property include an active park to meet high demands for multi-use fields, expansion of parking and a dog park. She advised the development costs are estimated at $2 million. This would include four lighted multipurpose fields, a restroom facility, and parking for 200 cars. Operating costs are estimated at $60,000 per year with an initial purchase of equipment of $96,575. Staff does not recommend contracting out the maintenance of athletic fields; therefore, one additional staff member would be needed to maintain the fields. The option area is wooded and could serve as the location of a large group pavilion with restrooms, playground equipment and additional parking. This area has also been discussed as a potential site for a dog park.
Chairman McLain submitted for the Record a copy of a letter from Bob Rucci, representing the Friends of Leash Optional Parks.
Commissioner Henley stated when this property was first presented to the Board for a possible purchase, he indicated that he was in favor of the purchase as long as the County was able to maintain a portion of the area for commercial so that the County could attempt to recoup some of their expenses. He said he does not see that as part of the conceptual plan.
Commissioner Morris questioned if the City of Winter Springs has looked at usage of the structure on the property.
Chuck Pula, Winter Springs Parks & Recreation Director, addressed the Board to advise the City has looked at the house on the property being used for recreational-type of use. They are also looking at other uses such as a skate park in the area.
Commissioner Morris recommended the County get with the City in order to form some kind of understanding of what the partnership is going to be.
Mr. Pula explained that the City does not have a Parks & Recreation Board.
Mr. Grace advised there has not been much of a detailed discussion with the City except with regard to the ballpark.
Chairman McLain stated he believes it is appropriate for the City to come forward and let the County know what there abilities are as it relates to the development of the park.
Commissioner Van Der Weide stated he believes they should give the City an opportunity to review this and make the County an offer on participation.
The Board, by unanimous consensus, authorized District Commissioner Morris to meet with the City of Winter Springs to form a structure and come to some understanding as to the partnership between the City and the County and the Plan of the park.
Commissioner Henley stated he supports the proposed paw park and believe they should look at trying to find locations in several areas of the County rather than having one large park and drawing a large number of people to one park.
Upon inquiry by the Chairman, Ms. Goldman advised currently there is no funding dedicated to this project.
Planner, Tony Matthews, addressed the Board to review the policies and procedures of the Seminole County Board of Adjustment. He advised the first issue is dealing with variances. He said staff’s biggest concern is that they are being granted without adequate findings of legal hardship in accordance with the LDC criteria. He reviewed the four options dealing with variances as follows: (1) Establish procedures and criteria for granting minor variances administratively; (2) Instruct applicants regarding the County’s criteria for requesting a variance and determining/defining a hardship; (3) Employ a hearing officer in lieu of the Board of Adjustment; and (4) Provide training and refresher courses for BOA and staff members to improve understanding of what constitutes a hardship.
Mr. Matthews stated the second issue deals with special exceptions and an option to be considered is to transfer requests for special exceptions directly to the Planning & Zoning Commissioner for approval/denial. The third issue relates to telecommunication towers and an option would be to transfer requests for towers directly to the BCC for approval/denial.
Mike Hattaway, Board of Adjustment, addressed the Board to compliment the staff for working with the BOA on these issues and stated that any time there are long established procedures, he believes it is a good idea to review them. He advised that the BOA believes that option one to establish procedures and criteria for granting minor variances administratively is a good idea. However, the BOA opposes option three, using a hearing officer in lieu of the BOA. He further advised that the BOA thinks option four, providing additional training and refresher courses for the BOA on what constitutes a hardship is a good idea. He added that the BOA does not agree with transferring special exceptions to the P&Z Commission and would request that those stay with the BOA.
Upon inquiry by Commissioner Maloy, County Attorney, Robert McMillan, advised the seven criteria for finding hardships for special exceptions were first included in the 1960 Special Act and the BCC had no control over them at that time. However, the BCC can set their own standards today because Seminole is a charter county and no longer governed by the Special Act.
Chairman McLain stated he feels like it is appropriate that the Board look at a way to have staff consider some of the minor variances that don’t need to be taking up the time of the BOA.
Commissioner Van Der Weide agreed with the Chairman.
Commissioner Morris stated that he thought the BCC had already dispensed with the hearing officer idea. He said that he supports the option of having minor variance administratively granted. He also supports re-examining the criteria for granting variances.
Lily Buchanan, BOA member, addressed the Board to state she does not honestly believe that any of the BOA members operate thinking they represent the applicant. She said the members have to take everything into consideration before making a decision and she believes all members do that seriously. She further said that one of the things she believes she needs to work on is articulating factual reasons for opposing or supporting a variance.
Commissioner Henley stated he believes it is important for the BOA to have a set of criteria for granting and denying variances and feels the criteria should be reviewed and updated. He said he supports establishing procedures and criteria for granting minor variances administratively and supports providing training and refresher courses for BOA and staff members to improve understanding of what constitutes a hardship. He added that he supports amending the description of the term “Special Exceptions”, as listed on page 2 of the Agenda Memorandum, subject to the County Attorney’s concurrence.
Commissioner Maloy thanked Mr. Hattaway and Ms. Buchanan for volunteering, stating he appreciates all their hard work. He stated he also supports having minor variances granted/denied administratively.
Commissioner Van Der Weide stated the BCC still needs the option of allowing the district commissioner to bring up an item from the BOA for consideration by the BCC.
Commissioner Morris stated he would prefer to have the telecommunication towers come directly to the BCC for consideration because they are always appealed anyway.
Commissioner Maloy stated he believes it is good for the BOA to hear the towers first because they are already debated and when they come to the BCC sometimes there are other alternatives that come from that debate.
Commissioner Morris stated what Commissioner Maloy has said makes sense to him.
Speaker Request Form was received and filed.
The Board, by unanimous consensus, approved the following: (1) Establishing procedures and criteria for granting minor variances administratively (e.g. wall heights, setbacks for pool screen enclosures); (2) Provide training and refresher courses for BOA and staff members to improve understanding of what constitutes a hardship; (3) Have staff re-evaluate the criteria for granting variances and Special Exceptions; and (4) Instruct applicants regarding the County’s criteria for requesting a variance and determining a hardship.
Upon inquiry by Commissioner Morris, Mr. Fisher advised discussions on mobile home permits will be brought back to the Board at a later date.
PROOFS OF PUBLICATION
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to authorize filing of the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4, and 5 voted AYE.
AMENDMENT TO HIBC DEVELOPMENT
AGREEMENT/KENNETH WRIGHT, Continued
Continuation of a public hearing from September 10, 2002, to consider Amendment to the Heathrow International Business Center (HIBC) Development Agreement regarding the International Parkway and Recreational Trail located between Lake Mary Boulevard and CR 46A within the Heathrow International Business Center, Kenneth Wright, Shutts and Bowen LLP.
Chairman McLain stated there is a request from the applicant that this hearing be continued to the second meeting in November. Copy of the letter from Meredith Harper, Shutts & Bowen, was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue to November 26, 2002, the public hearing to consider Amendment to the Heathrow International Business Center (HIBC) Development Agreement regarding the International Parkway and Recreational Trail located between Lake Mary Boulevard and CR 46A within the Heathrow International Business Center; as described in the proof of publication, Kenneth Wright, Shutts and Bowen LLP.
No one spoke in support or in opposition to the continuance.
Districts 1, 2, 3, 4, and 5 voted AYE.
APPEAL AGAINST BOA/RUTH WOOD, Continued
Proof of publication, as shown on page_______, calling for a public hearing (continued from September 10, 2002) to consider the Appeal against the Board of Adjustment in approving for Hyacinth Wallace a Special Exception for an Adult Day Care Facility with a maximum of 20 clients; property located on the east side of Tuskawilla Road, approximately ½ mile north of SR 426, Ruth Wood, received and filed.
Jeff Hopper, Senior Planner, addressed the Board to review the information previously presented for the appeal and the Board’s action on September 10, 2002. He advised the Planning and Development Review staff met with Ms. Wallace on September 26 to review the County regulations, and it was determined that the plans show the potential for meeting all applicable County regulations. If the special exception is granted, the site plan would go through the standard site plan review process and all needed revisions would be made at that time. Staff is recommending that the Board of Adjustment’s decision be upheld subject to conditions specified in the Development Order and site plan approval by the Development Review Division.
Commissioner Maloy stated staff has summarized the conditions Ms. Wallace must meet in a letter mailed October 9, 2002. He affirmed with Mr. Hopper that the staff still feels confident that all the Code requirements could occur on the property and the staff recommendation remains the same.
Chairman McLain announced that no public comment would be taken today as that portion of the hearing was closed at the meeting of September 10, 2002.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to uphold the Board of Adjustment’s decision, as shown on page _______, thereby denying the Appeal, and approving a Special Exception for an Adult Day Care Facility for a maximum of 20 clients per the Development Order, as shown on page _______, with the clarification that the block wall will be of a finished nature, either split block or stucco; property located on the east side of Tuskawilla Road, approximately ½ mile north of SR 426; as described in the proof of publication, Ruth Wood.
Under discussion, Commissioner Henley stated his main concern is that once the Board approves the zoning, the BCC will have no further control and the facility would fall under the Health Care Administration Agency. He said the County would have no way to monitor whether clients are only at the site during the day and he sees that as a problem.
Upon inquiry by Chairman McLain, Mr. Hopper said the recourse for any complaints with adherence to the Development Order would be the Code Enforcement Board.
Commissioner Morris stated his concern with enforcing that the number of people is only 20 clients.
Mr. Hopper said the County zoning restricts the facility to 20 clients and he thinks the State license would have the same restriction. Chairman McLain clarified that the restriction is no more than 20 clients at one time.
Districts 1, 2, 3, 4, and 5 voted AYE.
APPEAL AGAINST BOARD OF ADJUSTMENT
RAQUEL GALDO MORALES
Proof of publication, as shown on page_______, calling for a public hearing to consider the Appeal against the Board of Adjustment in denying the following: (1) variance from 10 feet to 7.5 feet for the required accessory building setback on the west side; (2) variance from 25 feet to 18 feet for the required side street setback in an R-1AA district; and (3) variance of maximum fence height from 3 feet to 6 feet within 25 feet of a street; property located at 3084 Harbor Lake Court, Oviedo; Raquel Galdo Morales, received and filed.
Mr. Hopper stated staff is recommending denial of the request, as it does not meet the Land Development Code criteria for granting variances. Staff is recommending upholding the Board of Adjustment’s decision.
Commissioner Maloy asked if there was any interest by the applicant in the alternative plan. Mr. Hopper said that was an idea that came up during the staff review, but was not discussed with the applicant.
Commissioner Henley said it seems to him that what the applicant is requesting is not required. It appears they can get the shed on the lot without any encroachment.
Raquel Galdo Morales, Appellant, and her husband addressed the Board. Mrs. Morales stated she has pictures to show their back yard area, which she submitted to the Board (received and filed). She said they have walked the neighborhood and asked for their immediate neighbors’ opinion and they have said they are fine with this request. She submitted a petition (received and filed) from the neighbors who are in agreement with the request. She said her husband took pictures of the back property and has gotten approval (copy received and filed) from the homeowners association and the association is in agreement with their request. She said there are about a dozen homes that have the same thing she is requesting, so that sets a precedence for the neighborhood. She advised Chairman McLain that she did not know if the other homes had received a variance or not. She would think that some, if not all, of them had received a variance. She also submitted pictures (received and filed) of some homes with the fences extended. She showed a sample advertisement (not received and filed) of the concrete curbing they will put in their back yard to replace the wood that was around the edge of the screen.
Mr. Hopper showed a picture (received and filed) of the applicant’s side yard adjacent to the street.
Mrs. Morales said with the fence moved 10 feet closer to the sidewalk, it still would be within the code requirements of the homeowners association.
Upon inquiry by Commissioner Henley, Mr. Hopper explained that the Code says within 25 feet of a street, the fence must be a maximum of three feet.
Commissioner Maloy said the alternative plan would be to place the shed farther to the rear, putting the shed into the drainage easement, while maintaining the side street at its current form. Whereupon, Mrs. Morales said they have already spent $300 to go before the Board of Adjustment and $150 to come before the BCC for the appeal and that would cost them another $350 to come back again.
Chairman McLain and Commissioner Morris stated the Board could waive the fees at any time.
Mrs. Morales explained that her back yard is a very small space, and it would be a benefit to have the extra space provided with moving the fence.
Mr. Hopper advised the alternative plan would require a vacate of the drainage and utility easement and a larger variance of the accessory building setback in relation to the rear lot line, but it would not involve violating the side street setback.
Commissioner Henley discussed moving the shed to another location in the corner to the rear.
Commissioner Morris asked the District Commissioner to allow staff to research if these are legal variances in the neighborhood or code violations.
No one spoke in support or in opposition.
District Commissioner Maloy said it seems to him there are a lot of variances being asked when he thinks the alternative suggested by staff would handle the problem. He can see some hardship with a screen going into the back that altars the back yard, and people should be able to have a tool shed. He thinks there is plenty of room to work with in the back without going into the side yard.
Motion by Commissioner Maloy, seconded by Commissioner Henley, to uphold the Board of Adjustment’s decision of August 26, 2002, to deny the requested variances as follows: (1) variance from 10 feet to 7.5 feet for the required accessory building setback on the west side; (2) variance from 25 feet to 18 feet for the required side street setback in an R-1AA district; and (3) variance of maximum fence height from 3 feet to 6 feet within 25 feet of a street; with the provision if the applicant would like to come back with the staff’s alternative plan, they would be able to do so without paying any application fees; property located at 3084 Harbor Lake Court, Oviedo; as described in the proof of publication, Raquel Galdo Morales.
Under discussion, Commissioner Morris withdrew his request for staff to research if these are legal variances in the neighborhood.
Districts 1, 2, 3, 4, and 5 voted AYE.
Upon inquiry by Chairman McLain, Mr. McMillan said the applicant would still have to go back before the Board of Adjustment. Whereupon, Chairman McLain said that is something they might wish to look at when they evaluate the BOA codes, so that when they have an application like this it can come directly back to the BCC.
Upon inquiry by Commissioner Morris, Mr. McMillan stated the Board could have continued the item and requested that the application be amended. A brief discussion with Commissioner Maloy ensued on his intent for the application to come directly back before the BCC.
Motion by Commissioner Morris, seconded by Commissioner Henley, to reconsider the motion by Commissioner Maloy.
Districts 1, 2, 3, 4, and 5 voted AYE.
The vote was taken on the original motion by Commissioner Maloy with all Commissioners voting NAY, whereupon, the motion failed under reconsideration.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue the Appeal against the Board of Adjustment’s decision of August 26, 2002, to deny the requested variances as follows: (1) variance from 10 feet to 7.5 feet for the required accessory building setback on the west side; (2) variance from 25 feet to 18 feet for the required side street setback in an R-1AA district; and (3) variance of maximum fence height from 3 feet to 6 feet within 25 feet of a street; property located at 3084 Harbor Lake Court, Oviedo; as described in the proof of publication, Raquel Galdo Morales, with the understanding that the application could be amended to comply with the alternative plan, and to the extent the application needs to be readvertised it would be, and brought back at that time; and the application fees are waived.
Under discussion, Commissioner Morris clarified that Commissioner Maloy is stating he has problems with the proposal as submitted, so the Board is looking for an alternative to come back.
Commissioner Maloy stated this is continued for two weeks to the second meeting in November (November 26, 2002).
Mr. McMillan stated the alternative will probably require additional advertising.
Chairman McLain suggested a 7:00 p.m. hearing to accommodate Mrs. Morales.
Commissioner Morris asked staff to also explain that in the request by Commissioner Maloy to waive fees, the fees for the BCC hearing can also be waived.
Chairman McLain explained to Mrs. Morales the intent of the motion for the Board to work with her and consider an alternative plan with any additional fees to go through the process to be waived.
Districts 1, 2, 3, 4, and 5 voted AYE.
VACATE AND ABANDON
CHARLES AND MICHELLE GLOVER
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning a 1.5’ x 30’ portion of a drainage and utility easement located at 236 Duncan Trail, Wekiva Hills Subdivision, Charles and Michelle Glover, received and filed.
Denny Gibbs, Development Review, addressed the Board to state staff is recommending approval of the request.
Commissioner Van Der Weide asked why was this home built on this lot and what caused this action today. Ms. Gibbs explained the encroachment is quite small, and a title issue brought the matter before the Board.
Commissioner Van Der Weide said somewhere along the line in 1979 in this area, County government was not paying attention, and that’s why the people are coming back. He said in every meeting, someone is coming back for a variance, although this is a minor one. The point is that somebody either approved the home in the wrong location on the lot or the inspector did not catch the error.
Chairman McLain said the surveyor could have improperly surveyed the lot, and now it’s being resurveyed and an error was found that there is an encroachment.
Commissioner Van Der Weide asked Mr. Grace to check the background of this development in this area. He said he is wondering if there is a trend of someone making a series of errors in this area.
Chairman McLain determined that the applicant was not in attendance.
No one spoke in support or in opposition to the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt appropriate Resolution #2002-R-161, as shown on page _______, vacating an abandoning a 1.5’ x 30’ portion of a drainage and utility easement located at 236 Duncan Trail, Section 6, Township 21S, Range 29E, Wekiva Hills Subdivision Lot 32, Wekiva Hills, Section 8, according to the plat thereof, as recorded in Plat Book 21, Page 80 and 81; as described in the proof of publication, Charles and Michelle Glover.
Districts 1, 2, 3, 4, and 5 voted AYE.
REZONE FROM A-1 TO PCD
SANFORD AUTO MALL/MCQ AUTOS
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development); property described as 3.37 acres located on the west side of Rinehart Road, approximately ½ mile north of Town Center Boulevard, Sanford Auto Mall/MCQ Autos, received and filed.
Kathy Fall, Senior Planner, addressed the Board to state the staff finding is that the proposed rezoning is consistent with the Vision 2020 Plan policies related to the Higher Intensity Planned Development-Target Industry land use designation; and the proposed rezoning is compatible with adjacent commercial and retail uses and the development trend along Rinehart Road. She said the LPA and P & Z Board voted unanimously to recommend approval of the rezoning. Staff is recommending approval of the Ordinance rezoning the property to PCD with the following Development Order conditions: (a) Uses permitted and conditional shall be according to the C-3 (General Commercial and Wholesale) zoning district; (b) All development shall fully comply with all of the codes and ordinances in effect in Seminole County at the time of issuance of permits including all impact fee ordinances; (c) Lighting on site shall be a maximum of 20 feet high with shoe-box cut off fixtures; (d) corrected to read, the owner shall provide a left turn lane for the north-bound traffic and right turn lane for deceleration for the south-bound traffic off Rinehart Road; (e) Access to the site shall be right-in/right-outs on both entrances given that there are no median cuts to allow for left turns from the site; (f) No overhead doors will be located on the back of the maintenance and repair buildings; (g) Owner shall provide amenities to the retention pond for it to count toward the required open space requirement; (h) Mechanical units shall not be visible from Rinehart Road. Screening shall be determined at Final PCD Master Plan approval; (i) Screening of the automotive repair uses from adjacent west side properties to be provided at Final Master Plan; (j) Elevations of buildings to be provided at Final Master Plan consisting of muted neutral colors; and (k) Pedestrian connection shall be provided from sidewalk in Rinehart right-of-way to the main dealership building. Location and design to be provided at Final PCD Master Plan.
Applicant, Mark Stehli, representing the applicant, addressed the Board to state he concurs with the staff findings and recommendations.
Upon inquiry by Commissioner Henley, Planning & Development Director Don Fisher addressed the Board to state the proposed new ordinance draft document indicates 16 feet as the maximum height for shoe-box lighting, but staff is recommending higher for industrial applications to allow the maneuverability of larger vehicles across the site. He said the 20 feet matches the Lake Mary Boulevard Overlay standards and gives a nice look to the property.
No one spoke in support or in opposition.
District Commissioner McLain recommended the staff recommendations with the correction to the Development Order as amended.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt Ordinance #2002-45, as shown on page _______, rezoning from A-1 (Agriculture) to PCD (Planned Commercial Development); property described as 3.37 acres located on the west side of Rinehart Road, approximately ½ mile north of Town Center Boulevard; as described in the proof of publication, Sanford Auto Mall/MCQ Autos; and approval of the amended Development Order, as shown on page _______.
Districts 1, 2, 3, 4, and 5 voted AYE.
The following Communications and/or Reports were received and filed:
1. Copy of letter dated 9/18/02 (with attachments) to Kevin Grace, County Manager, from Dianne Kramer, Seminole County Public Schools, re: 5-year work program. (cc: BCC, Deputy County Managers, Planning & Development, Public Works)
2. Copy of memorandum dated 9/24/02 to Ray Hooper, Purchasing Manager, from Arnold Schneider, Assistant County Attorney, re: Tivoli Orlando Associates v. Seminole County.
3. Copy of memorandum dated 10/4/02 to Rafael Montalvo, FL Conflict Resolution Consortium, from Ann McFall, Volusia County Council, re: East Central Florida Water Supply Planning Initiative.
4. Copy of memorandum dated 10/8/02 to BCC from Kevin Grace, County Manager, re: authority of Rob Frank, Deputy County Manager, to serve from 10/10/02 – 10/20/02 as Acting County Manager in his absence.
5. Copy of letter dated 10/7/02 to Honorable Bruce Jacobus, 18th Judicial Circuit Chief Judge, from Kevin Grace, County Manager, re: courthouse project.
6. E-mail dated 10/8/02 to Chairman from Garrett H. Taylor re: opposition to annexations by the cities. (cc: BCC, County Manager, Deputy County Managers, Matt West, Sheriff, City of Sanford, Don Fisher to respond)
7. Copy of letter dated 10/9/02 to Dorothy Dukes, 4C, from David Medley, Community Assistance, re: Community Service Agency grant funds.
8. Letter dated 10/9/02 to BCC from Dr. Beverly Baird Boothe re: dirt road paving program and commendation for Eddie Davis, District 5 Roads Team Leader.
9. Notice received 10/9/02 from City of Lake Mary re: 10/16/02 Public Hearing - land use amendment for 450 Technology Park. (cc: BCC, County Manager, Deputy County Managers, Don Fisher)
10. Letter dated 10/7/02 to Chairman from Bill Suber, Property Appraiser, re: Seminole County Road District’s proportionate share of the approved Property Appraiser’s FY 02/03 budget. (cc: BCC, County Manager, Gary Johnson)
11. Letter dated 10/7/02 to Chairman from Bill Suber, Property Appraiser, re: Seminole County Fire District’s proportionate share of the approved Property Appraiser’s FY 02/03 budget. (cc: BCC, County Manager, Ken Roberts)
12. Letter dated 10/7/02 to Chairman from Bill Suber, Property Appraiser, re: Seminole County BCC’s proportionate share of the approved Property Appraiser’s FY 02/03 budget. (cc: BCC, County Manager)
13. Copy of memorandum dated 10/9/02 to BCC from Kevin Grace, County Manager, re: capital project fund transfer for CR 426 – Lake Charm minor road program.
14. Copy of letter dated 10/9/02 (with attachment) to Honorable Bruce Jacobus, 18th Judicial Circuit Chief Judge, from Chairman re: Seminole County Canvassing Board for the 11/5/02 general election.
15. Copy of 9/19/02 Seminole County Historical Commission meeting minutes.
16. Notice dated 10/7/02 (with attachments) from Marilyn Crotty, Executive Director, re: 10/17/02 Tri-County League of Cities meeting.
17. Notice dated 10/7/02 (with attachment) re: 10/16/02 SCOPA Board meeting.
18. Copy of letter dated 10/4/02 to Laurie Murrell from Director David Diggs, Sheriff’s Office, re: jail visitation schedules and treatment of jail inmates.
19. Parks & Recreation Contracts for Services, as shown on page _______, with Daniel J. Tucker (Slow Pitch Softball field supervisor) and Daniel J. Tucker (Slow Pitch Softball scorekeeper).
20. Copy of memorandum dated 10/11/02 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submissions into County records.
21. Facsimile dated 10/10/02 to Chairman from Steven Seibert, DCA Secretary, re: creation of the Wekiva Basin Area Task Force. (cc: BCC, Deputy County Manager [RF])
22. Notice received 10/11/02 from Tri-County League of Cities and FL League of Cities re: 10/23/02 Grass Roots Advocacy Workshop. (cc: BCC, County Manager, Deputy County Managers, County Attorney)
23. Notice received 10/11/02 from City of Oviedo re: 10/21/02 Public Hearing - land use change/comp plan amendment for U.S. Home Corp. (cc: BCC, County Manager, Don Fisher)
24. Notice received 10/11/02 from City of Oviedo re: 10/21/02 Public Hearing - land use change/comp plan amendment for Diocese of Orlando. (cc: BCC, County Manager, Don Fisher)
25. Notice received 10/11/02 from City of Lake Mary re: 11/7/02 Public Hearing - site plan approval/variance for Medlin Group. (cc: BCC, County Manager, Don Fisher)
26. Notice received 10/11/02 from City of Casselberry re: 10/24/02 Board of Adjustment Public Hearing – variance for Herbert Weickert. (cc: BCC, County Manager, Don Fisher)
27. Copy of letter dated 10/7/02 to Sharon Rogers from Ken Roberts, Public Safety Director, re: appreciation of monetary donation to Animal Services.
28. Copy of letter dated 10/7/02 to Lisa Trapane from Ken Roberts, Public Safety Director, re: appreciation of in-kind donation to Animal Services.
29. Copy of 10/10/02 Tourist Development Council meeting minutes.
30. E-mail dated 10/12/02 to BCC from John M. Puhec re: light rail funding.
31. Letter dated 10/10/02 to BCC from Miami-Dade BCC re: Amendment 3 to State Constitution.
32. Copy of Proclamation (with attachment from Sheriff Donald Eslinger) of the Chairman of Seminole County BCC terminating Emergency Ordinance 2002-32 (No Wake Zone on St. Johns River).
33. Letter dated 10/15/02 (with attachment) to BCC from Maryanne Morse, Clerk of Circuit Court, re: 10/14/02 Tax Deed Sale. (cc: Stan Hunsinger, Administrative Services.)
34. Copy of letter dated 10/9/02 to Don Fisher, Planning & Development Director, from Jamie Allan Adley re: Brantley Dr. drainage problems.
35. Letter dated 10/10/02 (with attachments) to Rob Frank, Deputy County Manager, from Mark DeBord, City of Altamonte Springs, re: first of 4 equal quarterly payments per City/County Fire Dept. Merger Interlocal Agreement.
36. Letter dated 10/11/02 to BCC from Diane Pickett Culpepper, Time Warner, re: new channel for HDTV customers.
37. Copy of letter dated 10/16/02 to Mr. & Mrs. William J. Romine from Jane Peterson, Library Services Manager, re: appreciation of monetary donation to Northwest Branch library in memory of Mike Piel.
38. Copy of memorandum dated 10/15/02 (with attachment) to BCC from Mark Van Bever, Court Administrator, re: reimbursement of court-related expenses.
39. Copy of memorandum dated 10/18/02 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: submissions into County records.
40. Letter dated 10/17/02 to BCC from Kirby Green, SJRWMD, re: water resource and supply development.
41. Letter dated 10/1/02 (with attachments) to BCC from Charles Bronson, Commissioner of Agriculture, re: 2001/2002 Annual Report for FL Div. of Forestry. (cc: County Manager, Ken Roberts, Jim Duby)
42. Notice of 10/22/02 City of Lake Mary Public Hearing re: Sign Code Board of Adjustment item for First Commercial Bank of Florida. (cc: BCC, County Manager, Deputy County Manager [SS], Elections, Property Appraiser, Don Fisher, Matt West)
43. Copy of letter dated 10/17/02 (with attachment) to David Gregory, Solid Waste Manager, from William Bostwick, DEP, re: West Nile Virus and Eastern Equine Encephalitis alert to eliminate mosquito breeding areas in waste tires. (cc: BCC, County Manager, Deputy County Managers, Phil Stalvey, Dr. Bencie)
44. Copy of letter dated 10/9/02 (with attachments) to Steve Lee, Deputy County Attorney, from Larry Dale, Orlando Sanford International Airport, re: East Lake Mary Blvd. road improvement project. (cc: BCC, County Manager, Deputy County Manager, Jerry McCollum)
45. Memorandum dated 10/15/02 to BCC from County Manager re: capital fund transfer, CR 426 at Snowhill Rd.
Chairman McLain reported that the County delegation had a very eventful time in Ireland and a very good time continuing their relationship with Wicklow County. He said the President of the Orlando/Sanford Airport and Oviedo Council Chairman Robert Dallari also went on this trip and were very well received. He said they went to Parliament and met with several of the Senators and government officials, including Shamus Brennan, Minister of Transportation, and talked about additional scheduled flights to the international airport from the Dublin Airport. He stated Dublin is planning a second terminal and are putting out bids for a private partner to come in and build that. TBI, which operates the terminal in Sanford, will be submitting a plan, which could have positive effects on Sanford getting additional flights. The County delegation also met with TBI representatives and the tour operators, and while in London Mr. Wert did a 30-minute interview that was very well received. He said the Wicklow guests will come to Seminole County next month. Mr. Grace said this will be a part of celebrating the 10th anniversary.
Mr. Grace added that they also had discussions regarding a joint trails program. Wicklow is interested in doing some kind of recognition of Seminole County on their trails system in Ireland, similar to what the County is doing here for them. There was also some discussion on doing some golf exchanges. He thinks the trip furthered the relationship they have enjoyed for the last 10 years.
Chairman McLain said Wicklow will be sending over a larger delegation in January of about 30 to 40 people including members of Parliament and Senators. Mr. Wert will try to make arrangements for them to stay at the new Marriott at I-4 and Highway 46.
Commissioner Van Der Weide said he is looking forward to seeing the management team and all Commissioners to welcome the people to the transportation meeting tomorrow, sponsored by the Private Business Association of Seminole. This will be held at the Orlando/Sanford Airport.
Commissioner Van Der Weide advised the Chairman that the commuter rail ride has been postponed.
Commissioner Morris stated four people have been nominated for the additional person to serve as a hotelier on the TDC: Bruce Skwarlo from the Orlando Marriott; Jay Sheppard from the Best Western Marina, Sanford; Penny Leffel from the Courtyard at Heathrow; and Jaime Ross, Hilton Garden Inn in Lake Mary. Commissioner Morris discussed that if they are to collectively balance the TDC Board, it would be nice to have some members from Sanford and from the largest and newest hotel. At this time, he thinks it comes down to Mr. Shepherd or to the Marriott as the largest hotel. A brief discussion followed. Commissioner Henley pointed out they also need to consider the position of the largest city. He said this is now being held by Altamonte Springs, but there is a strong possibility that this will be replaced by Sanford.
DCM Sally Sherman addressed the Board to state the preliminary information from the Bureau of Economic Business Research from UCF indicates that the City of Sanford will be the largest populace in November, 2002.
Commissioner Morris said, when another appointment comes up, he hopes consideration will be given to Bruce Skwarlo.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to appoint Jay Sheppard from the Best Western Marina to fill the position on the TDC.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Van Der Weide left the meeting at this time.
Commissioner Henley thanked staff for filling in and conducting the meeting regarding the Kewannee Trail when he was out of the State.
Commissioner Henley asked if the question of appropriate insurance regarding Florida Recycling Services (FRS) had been resolved yet. Mr. Grace said he understands that has not been resolved. As of now, the back payment issue has been met. This is something they will keep an eye on. Commissioner Henley said what concerns him is that FRS is taking the waste out of Seminole County into Orange County and that is not in their agreement. Coupled with that is FRS’s request to the Department of Environmental Protection for an application to build their own recycling and transfer station. He said he would like for the County Manager to address the impact of that on Seminole County. Whereupon, Chairman McLain suggested asking for a representative from FRS to come before the Board to answer these questions.
Mr. Grace said he has a meeting scheduled with Mr. Vihlen tomorrow morning and he may suggest doing that in the near future, as there are a number of issues to discuss.
Commissioner Morris said he agrees they need to move forward and let the haulers and cities know the Board will be moving forward quickly on the commercial aspect. He said he thinks the City of Sanford needs to be told that this would be unfriendly action.
Mr. Grace advised the City Manager said their application does not say it is for a transfer station, but for a recycling facility. However, the information on the DEP application says it is a transfer station (a municipal solid waste facility).
Commissioner Morris said communication is lacking and this is becoming embarrassing.
Chairman McLain asked that Mr. Grace brief the Board after meeting with Mr. Vihlen, and schedule for a future meeting to have a presentation by FRS and allow the Board to ask questions.
Upon inquiry by Commissioner Morris regarding Lake Mary, Colonial and the proposed annexation, Chairman McLain said they met with both parties (Lake Mary and Colonial) and the Mayor and City Manager of Lake Mary do not want to damage their relationship with the County, but they are looking to expand their boundaries. The Colonial people want to maintain good relations and have committed to working with the County in trying to find a way to resolve the issue in an amicable way.
Mr. Grace said he would be setting up a meeting later this week or next week.
Commissioner Morris requested the other financial information from Mr. Grace, such as the 4% Utility Tax, Telecommunications Tax, and the asset inventory with respect to water and sewer, and other assets in that area to be annexed.
Commissioner Henley also requested information on First Response because he has been told repeatedly that it is disproportionate to the number of calls the County is handling in the City’s jurisdiction.
Commissioner Maloy also asked for the County’s options in the event the County wants to oppose this.
Chairman McLain said the County will be looking at reevaluating the wording of the agreements on any incentives as far as annexation issues are concerned.
Commissioner Maloy reported he attended, in the Chairman’s absence, a meeting of the National Association of Industrial Office Property Managers, and he attended the Urban Land Institute Growth Management Forum last Wednesday. He said staff did a great job on a PowerPoint presentation. He summarized some of tips from that and stated the County received some positive press attention on that.
Mr. Grace announced that the County has received an award from the Florida Planning and Zoning Association for the remodeling effort. The staff will be recognized for this at a future Board meeting.
Commissioner Maloy said a representative from Meals on Wheels came and discussed some changes in funds allotted to them for repairing buildings and he would like to get more information from staff on this.
Mr. Grace stated these are CDBG monies they are receiving and the County is responding to specific recommendations that say the monies were not being spent according to federal regulations. Staff has a meeting scheduled with Commissioner Henley on this. He suggested meeting with all the Board to inform them what is being done and why before any actions are taken.
Commissioner Henley stated he read the audit report that had to do primarily with the lack of paperwork substantiating what the County is doing, rather than with the way the money was spent. It seems the County could have corrected the paperwork without disassociating and bringing everything inhouse. They are trying to privatize things and now they have pulled everything in where the County is running the whole show. What concerns him is that the people who work with Meals on Wheels meet the clients almost every day and the clients have confidence in them and it’s an easy contact.
Chairman McLain said the elderly don’t like strangers in their house and they develop a relationship with the people who bring the food and trust in them.
Commissioner Henley said that’s what concerns him and the fact that this occurred without the Board being abreast of it. He said this is a policy change and quite an extensive one.
Mr. Fisher said issues kept arising with regard to the Community Development Office and the funding and how the oversight of how the money was spent. As a result, they have established some goals and objectives and submissions for the office regarding all the programs from that office. He believes it’s a good idea at this point to hold a briefing with the Board and describe everything they’re doing in Community Development, because it’s more than just what’s happening with Meals on Wheels.
Commissioner Morris said he understands there are two sides to every story and they need to hear them, but they don’t need to blow the line to the story with complications within their own internal procedures that they are not following well, and maybe taking the baby with the bath water in a program that was well received in the community, like Meals on Wheels. He said he has a hard time fathoming the County doing it more efficiently. He hopes they don’t blow the lines of the total programs when staff presents the information to the Board.
Mr. Grace said the Board need to hear what staff is doing and staff needs direction from the Board.
Mr. McMillan advised that in the Chairman’s absence, Vice Chairman Maloy signed the Proclamation ending the “No Wake” Zone at the request of Sheriff’s Office.
Mr. Grace gave an update on the ADA funding. He said five of the sever cities budgeted money to pay for their share. The cities of Winter Springs and Longwood did not do so. He is still hopeful they will be able to convince them to come forward and pay their share. He suggested a letter from Chairman McLain to these cities might be appropriate asking them to step forward and join the other cities. If they don’t come on board, the County will be faced with a shortfall of about $72,000 and the BCC will have to address that this fiscal year.
Chairman McLain said if no headway has been made, he will send out a letter after the next election.
Mr. Grace reported on the consumptive use permit process with the St. Johns River Water Management District. He said they are approaching the third anniversary. He is not satisfied at this point that they’re making much progress. It is very slow going and they are far apart on the allocation of water and a number of other conditions St. Johns is trying to impose upon the County. They are scheduled for a December Board meeting. He said he is convinced they will get a staff report that is not going to be favorable to the County. He will be working with the County Attorney to look at specialized counsel the County may want to retain to help them in this process. He expects to have a specific recommendation to the Board at the next meeting on retaining counsel. He advised after the staff report comes out, the County has 25 days to decide whether to appeal or go to an administrative hearing. That’s a short turn-around time, and he believes they need to have someone ready to assist them. He said other cities and counties are in the same kind of situation.
Commissioner Morris said this is a hopeless situation, and it doesn’t make any sense. He believes that if they do retain special counsel, they need to send a letter to the Chairman of the Water Authority and inform the Executive Director the Board is headed in this direction.
Mr. Grace advised that before he went to Ireland, he spoke with the Executive Director and told him that if there was not substantial progress made at the meeting with the staffs, he would have to make this recommendation to the BCC at the next meeting. He assured Mr. Grace he would not have to make such a recommendation and things would be taken care of. However, Mr. Grace said there was no progress made at that meeting.
Chairman McLain stated the Board is obligated to meet tonight to take public intake on the Board’s decision regarding the Myrtle Street Special Area Study.
The Board recessed at 3:10 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Proof of publication, as shown on page _______, calling for a public hearing to consider the Myrtle Street Special Area Study, received and filed.
Tony Walter, Planning, addressed the Board to advise about a year ago staff was asked to do a study of the Myrtle Street area. Two applications were submitted and they were comprised of 160 acres. He displayed and reviewed a PowerPoint presentation (received and filed) consisting of the Objectives; Purpose of the Study; and the Schedule of the Public Involvement. He continued by reviewing the Overall Existing Conditions; the Existing Conditions of Wetlands and Floodplains; and the Sub-Area Criteria relating to ownership pattern, impact of wetland and flooding zones, density, distribution and condition of existing land use, development patterns and roadway circulation and conditions.
Mr. Walter continued by reviewing the three sub-areas. He stated the first area is Sub-area 1 and it consists of 239 parcels. He displayed a map of Sub-area 1 showing the total acreage and he explained how staff came up with the net developable amount of property, how they came up with the number of units that could be developed and the current zoning. He displayed Sub-area 2 and stated this area consists of 153 parcels. He reviewed the location of the sub-area, the characterization, the buildable land being fragmented, the wetlands and floodplains being scattered, and the urban services.
Upon inquiry by Commissioner Maloy, Mr. Walter advised there is no land use category for 2.5 units per acre and he explained why.
Mr. Walter continued by reviewing the calculations of potential new houses for Sub-area two. He displayed Sub-area 3 consisting of 106 parcels. He reviewed the calculations for potential new houses for Sub-area 3. He displayed and reviewed the impact analysis for additional daily trips in the area and the number of new students and how it will impact the schools. He also displayed and reviewed the Urban Services Cost. He stated the total cost of upgrading rural roads to urban roads is about $6.6 million. The total cost for water supply is about $1.7 million and sewer improvements will be about $1.3 million. The cost for drainage improvements will be about $14.4 million.
Upon inquiry by Commissioner Henley, Mr. Walter advised the drainage needs to be done regardless of the development and some of the roads could be paid for by development. He stated none of this is included in the 1-cent sales tax or on the impact fees list.
Mr. Walter summarized by reviewing the land use patterns, public input, and current roadway and drainage improvements. He stated the two scenarios greater than one dwelling unit per acre would change the rural-like character of the area. The residents like the rural-like character and would like to keep it that way. Staff does not see any impacts of the Orlando/Sanford Airport expansion and the City of Sanford has no intention of annexing that area at this time. He concluded by reviewing the Points of Emphasis as outlined in his presentation. He stated staff would need to, as part of that study, bring a financially feasible plan forward because of the significant cost of infrastructure. He said the Planning & Zoning Commission (P&Z) recommended that the Board direct staff to conduct a Phase 2 Conceptual Planning Study of Sub-area 1 only with a cap of 2.5 dwelling units per acre, that Sub-areas 2 and 3 remain at 1.0 du/acre; that staff break up Sub-area 1 into two areas, east and west of Nolan Road, and incorporate a financially feasible plan to address infrastructure deficiencies.
Mr. Walter explained for Commissioner Morris how staff arrived at 2.5 dwelling units per acre.
Alex Dickison, 4851 Hester Ave., addressed the Board to state the big question he has is where is the water going to go. He said he doesn’t believe that question has been answered. He stated the other issue that concerns him is the quality of life and he doesn’t know why the County has to push to put development everywhere. He said he supports keeping this one-acre per house, but if that is not possible, he would encourage the Board to go ahead with the study. He stated he doesn’t know where the water or traffic is going to go.
Lorenzo Malcolm, 5697 Autumn Chase Circle, addressed the Board to state his main concern is the roads and drainage. He stated his second concern is the children and where are they going to go to school. Adding new homes will increase the need for more schools. He said he would ask the Board to slow this down and to look at the infrastructure.
Lolly DeHaven, 5921 Nolan Road, addressed the Board to state there is no drainage in their area and she is concerned about where it is going to go. A drainage ditch is located south of Nolan and the County does not maintain it. She stated the County has no plans to do any improvements in their area. She added she supports leaving the area the way it is and that is, one house per acre, and to do a further study on the area.
B. J. Simons, 1550 Myrtle St., addressed the Board to speak in regard to the water runoff and the traffic. He stated the schools in the area are overcrowded and there are no plans to build new schools. He said he has lived in three different counties in Central Florida and he had to buy bottled water in all of those areas, but he does not have to buy it here.
Lois DeCiryan, 1581 Silk Tree Circle, addressed the Board to state she feels that staff has done a fairly good job with the Special Area Study and it has helped to draw a lot of people together. She stated the 81-acre tract east of Autumn Chase is covered in water and she is wondering how that was calculated. Autumn Chase is too dense and has caused a lot of problems. If staff does another phase of the study, she would highly encourage them to look at where the water is going to flow. Another issue is the wildlife in the area. She stated she would like to keep the area as a rural character of one dwelling unit per acre.
Judy Long, 154 Rose Hill Trail, addressed the Board to state the City of Sanford or the County needs to do something on South Sanford Avenue. She stated the Bakers Crossing subdivision has severe water problems and that development should never have been approved. The more development in the area, the more it will cause problems for the City and the County.
Ann Esterson, 1235 Myrtle St., addressed the Board to state her family has owned and farmed their property for over 60 years. They have maintained a hay operation but it is not financially feasible at this time. She stated she is asking for a land use change and she supports staff’s recommendation of 2.5 dwelling units per acre because she feels it will be very compatible with Suburban Estates. She said she feels it will be compatible with the County’s future land use plan. This location is 5 minutes from Seminole Community College, a fire station and the proposed new courthouse. It is 8 minutes from Super Wal-Mart and 5 minutes from the GreeneWay. Another goal of the future land use is to protect the environment. She stated she will not be impacting the wetlands or the wildlife.
Upon inquiry by Commissioner Maloy, Ms. Esterson advised she will remain a resident in that area after the development is completed.
Eric Esterson, 1235 Myrtle St., addressed the Board to state he doesn’t believe that Autumn Chase is such a bad place to live, as he has never seen it flood.
Chairman McLain stated Nancy Jasmin has indicated that she would like to give her time to speak to Robert Jasmin.
Robert Jasmin, 1153 Myrtle St., addressed the Board to state the land just to the east and north of him are the two parcels the Estersons would like to develop. When the County asked for a Small Area Study the comment was made to the residents that at least 70% of what was decided in the study would have been done with the comments of the people that participated in this. He stated 105 people attended the first public meeting and 100 attended the second meeting and all of them indicated that they did not want this to happen and they felt that this area should be left alone. If the Small Area Study means anything, it should reflect what the residents have to say about it. One parcel in Sub-area 1 will not be developed. He recommended that the Board consider recommendation #1 and #3.
Marilyn Thompson, 1505 Pine Way, addressed the Board to state she lost her home by a tornado in 1998. She stated she is here to support the residents on Myrtle and Hester Streets. She said she attended the last meeting and she asked the gentleman in charge if they were going to fix the flooding problems and he indicated they would not, that is something the County would have to fix.
Jean Michels, 370 Miller Road, addressed the Board to state she has concerns relative to the flooding. She stated if the Board is going to add more development, she would like them to do something with the problems they have now.
Linda Barker, 1288 Bridle Brook Drive, addressed the Board to state she supports recommendations #1 and #3. The Board has publicly declared that their primary objective is to clean up Lake Jesup by preserving the water shed. If residential development is allowed on the one patch of natural lands, it would further diminish Lake Jesup’s ability to cleanse itself. The obvious solution would be for the County to designate this area as natural lands and purchase the property.
Steve Elliott, 5155 Plato Cove, addressed the Board to state there are eight lots on the corner of South Sanford Avenue and Myrtle Avenue and until two years ago, there were two homes in that area. He stated his brother has lived there for 10 years and now there are six homes in that subdivision. While building the four homes in that subdivision, over 112 yards of fill were brought in for each pad of those homes. The residents in that subdivision live on the edge of the flood zone, but not in the 100-year flood zone. Even with the entire fill brought in, the residents still have a difficult time keeping their yards mowed because there has been enough water to keep the ground too wet to run their lawn mowers. There are two ways of getting in and out of the neighborhood and bringing more people and homes in that area isn’t going to do anyone any good. He stated he is in favor of keeping it one dwelling unit per acre, and he doesn’t think it would be a beneficial opportunity by bringing additional development in that area.
John Chimber, 525 N. Carolina Run, addressed the Board to state he is against any development in this area as he would like to keep it one house per acre. The majority of the residents attending the meetings have indicated that they would like to keep things the same. He stated the Board members are elected to represent the people, not the special interests, and he feels the residents have spoken and they would like to see it unchanged.
No one else spoke in support or in opposition.
Written Comment Forms from the following opposing the request were received and filed: Emily Fauver; Kathy Larson; David Fauver, Jr.; John/Diane Morton; Michael Burkhart; Lois DeCiryan; Dawn Perry; Cathy Harris; Catherine Times; Laura McCarty; Arlise Porras; John Coulter; Randall Priest, Jr.; Robert Myers; Earl Lord; Eric McCarty; Gregory Porras; Lois Dickison; and Scott Muetzec.
District Commissioner McLain stated he has lived in this area for quite some time and there has been some substantial growth within the community. He stated he feels staff is correct as well as P&Z for areas two and three; and before any development is allowed in area one (beyond one unit to the acre), they should continue a phase two study. He said he feels staff should look at options by restricting the amount of development in that area. The stormwater plan for the County has been done and those improvements need to be made. He added he feels that any additional development in this area should not be allowed until they have a conceptual plan to enhance the rural character of the area. He said he believes it is important that staff look at this further and evaluate it to see what kind of conceptual plan they can come up with. He added he would encourage the Board to move in that direction.
Commissioner Henley stated he also feels that they need to study this further as well. However, it needs to be said that if the Board’s decision is based on the show of hands, their job would be very easy. The Board has been elected to represent everyone and if the Board makes any changes, he wants to make sure that they are good, efficient, and defensible reasons other than what people want.
Commissioner Morris stated he supported going forward with the initial study. He stated when they reviewed the Small Area Study, they looked at the entire quadrant and tried to ascertain the needs of infrastructure and school capacity. This was done because of the applications coming in. He said he believes two or three of those applications along Myrtle Street are asking for higher density. He added he cannot support continuing this study as he doesn’t think the infrastructure is there. He stated any individual property owner can ask for a Comp Plan land use change and he knows that these applications continue to come no matter what the study is.
Commissioner Van Der Weide stated any property owner that would like to see this happen would like to be able to develop their land. He stated he visited the area many times and the water and drainage is a major issue and he doesn’t know what can be done to solve them. He said the St. Johns River Water Management District’s study has not come back and he doesn’t believe that study will support any changes. He stated he has no problem supporting the Chairman’s recommendation of moving forward with the study in Area 1 only.
Chairman McLain stated if this area is developed one unit per acre it will not be a rural character area. He stated he feels it is important for staff and the consultant to come up with a conceptual plan of how this area can be developed in a reasonable way. He added he feels it is important to conduct a phase two study and protect the quality of life out there.
Commissioner Maloy stated the concerns he has is the infrastructure and the drainage.
Commissioner Morris stated he feels that continuing the study is not going to hurt anyone; but he feels at the end of the study, his opinion will be the same as the drainage issue is massive.
Commissioner Van Der Weide stated his concern is water does run down hill and it will run in the lake.
Upon inquiry by Commissioner Morris, Mr. Walter advised St. Johns has done the survey and staff is supposed to get the results back in November.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to instruct staff to conduct a Phase 2 Conceptual Plan Study of Sub-area 1 only of the Myrtle Street Special Area, with a cap of 2.5 du/acre, as described in the proof of publication.
Districts 3, 4 and 5 voted AYE.
Commissioners Maloy and Morris voted NAY.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:15 p.m., this same date.