BOARD OF
OCTOBER 24,
2006
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY,
Present:
Chairman
Vice
Chairman Brenda Carey (District 5)
Commissioner
Bob Dallari (District 1)
Commissioner
Randy Morris (District 2)(Late)
Commissioner
Dick Van Der Weide (District 3)
County
Manager Cindy Coto
Deputy
Clerk Carylon Cohen
The Invocation was given by Commissioner
Van Der Weide.
Commissioner Brenda Carey led the Pledge of
Allegiance.
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Chairman
Henley advised there are several adjustments to the agenda, and he asked Ms.
Coto to review those.
Cindy
Coto,
Commissioner
Morris entered the meeting at this time.
Ms.
Coto continued that Item 9A, ESRI and Stratus Technologies Grant, is added to
the agenda and the deadline for submittal of the grant is October 27, 2006;
Item #12, Award CC-0786-06, is requested to be pulled; the back-up
information for Item #17, Minor Plat for
Willis Subdivision, is corrected to read Willis Subdivision; Item #18, Final
Plat for Clayton Crossing Townhomes, is pulled from the agenda and rescheduled
for November 7, 2006; and Item #29, Performance Management Study
Implementation, is pulled from the agenda, based upon the consultant’s
discussions with the Board yesterday, and it is rescheduled for November 7,
2006. She said she believes the
consultant will meet with the Board again next week.
Awards
and Presentations
Glenn Casel, representative from the CBC (Community
Based Care) of Seminole, addressed the Board to state a couple weeks ago they
held their annual Oscars Ball and recognized several local leaders in the
community and wanted to recognize Chairman Henley, but he was sick that
evening. They wanted to come today and
express their public thanks to him as the 2006 Lawmaker of the Year for his
continued commitment to
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Motion
by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate Resolution #2006–R-232, as shown on page _______,
honoring our
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris presented the
Resolution to Bill McDermott, who will present it on behalf of the BCC to the
Irish delegation at their dinner.
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Roy Reid, Chairman of the Government
Affairs Committee, addressed the Board to give an update on the Seminole County
Regional Chamber. He thanked the
Seminole County Chamber for their continued support and thanked Chairman Henley
for being an ex-officio Board member with the Chamber. He advised that Andrew Van Gaale (
The Commissioners expressed thanks and good
luck to Mr. Reid.
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Tawny H. Olore, P.E., Rail Transit Project
Manager, addressed the Board to give a PowerPoint (copy received and filed) presentation on the commuter rail system covering the following topics: Opportunities; Overview of the Agreement,
Central Florida; Compensation, Central Florida; Overview of the Agreement,
Statewide; Compensation, Statewide; Outstanding Issues; What’s Next; Central
Florida Commuter Rail Overview; Operating Plan; Amenities; Proposed Sanford
Station; Proposed Longwood Station; Proposed Lake Mary Station; Proposed
Altamonte Springs Station; Commuter Rail Benefits; Commuter Rail Costs; and
What’s Next. Other documents, Florida
Department of Transportation Summary of Agreement in Principle Between CSXT and
FDOT, and Central Florida Commuter Rail Quality Time, were also received and
filed.
Chairman Henley asked if Ms. Olore knew how
much parking would be available for each of the
Commissioner Morris thanked Ms. Olore for
the excellent communication campaign they are conducting. He said a couple things he thinks are
important for the Board to review are that O&M under this scenario will be
taken care of until 2016. That means at
the end of that time, there will be a surprise waiting for the government to
take over those costs. The
Commissioner Morris said the capital cost
is going to increase from what was originally thought, and he was told by
County staff that would not be a problem for the County to meet. The County has not had discussions yet with
individual jurisdictions on construction of the individual stations. He said the County needs to work out
something with the jurisdictions and DOT with respect to increased costs they
may have because of their design criteria.
Ms. Olore explained it is laid out now that
DOT will have an interlocal agreement with the four County partners and a joint
use agreement at each of the stations.
Their lawyers are starting to work on that. The agreement will address revenue generation
as well as some of the cost overruns. She advised Commissioner Morris that DOT is
proposing that the revenue generations at the different stations from ancillary
sources would go back to the different counties. There will be some system revenues that would
go back into the systems. She also said
DOT would draft some model agreements for
Commissioner Morris said there is a short
time frame for this type of build-out.
It is critical for each of these stations, and the land around it, how
they will develop in the future. There
needs to be a small area plan for each of the stations. He said now, there is no concurrent planning
that relates to these type stations in any one of the jurisdictions. These need to be in some kind of dry planning
now with the time line that anticipates the planning Ms. Olore is talking
about. Otherwise, they will have a mess
around these stations, which would become blighted areas instead of great
economic redevelopment areas. He added
that this is something the County really needs to be proactive on and meeting
with the cities now.
Ms. Coto advised that she and Jerry
McCollum,
Commissioner Morris suggested Ms. Coto take
DOT’s optimistic date (December, 2009) for opening and back it up to see there
is a time crunch. In this case, DOT can
get the trains on the track faster than the County can get the other things
going.
Jerry McCollum,
Commissioner Morris said there should be no
reinvention of the wheel with this.
There are successful models in
Chairman Henley asked if staff runs into an
impasse in discussions with the cities, who makes the decision as to whether
the station will remain or whether it will be moved to another location. Mr. McCollum said at this stage, the County
is the entity funding everything, so he thinks the County would have a lot to
say about that. He said his
conversations with DOT have been that DOT is trying to leave everything up to
local government as to where the stations are located.
Commissioner Carey said for development,
three years is a very short time line.
She thinks the opportunities for public/private partnerships at the
stations are something that takes a lot of discussion to get to. The County has not even started talking about
that yet, and that could take the cost down significantly if they have other
partners involved in this as well. She
doesn’t want them to lose the opportunity to do that because they have to rush
to get the station open. She said she
would like for staff to start the public/private partnership discussions about
how some of those might look and if they could get a private developer to build
to suit with lease back or build to suit to operate. Also, there is the opportunity for retail
that may make sense. She said this has
been a long time coming and, for many years they have seen a lot of
opportunities come and go; and, hopefully, this won’t blow up at the 11th
hour with issues that may still arise with CSX.
Commissioner Dallari expressed thanks to
Ms. Olore and said he thinks the state and federal government are helping out
quite a bit on this issue; and for
Commissioner Van Der Weide said there are a
lot of cautions that have been made known that makes sense and they need to
deal with them.
Chairman Henley asked about the governance
of the stations after the period of time that FDOT will be totally in charge.
Ms. Olore stated Secretary Denver Stutler
has always said he views this as a local system and he wants the locals to
decide how they want to govern it. She
said FDOT will be there with the County at the table, but they don’t want to be
at the head of the table once the seven years are up.
Upon inquiry by Commissioner Morris, Ms.
Olore explained the local participation element during the time of operation of
the system by DOT, describing the hiring of a third-party contractor, formation
of a Steering Committee and Technical Advisory Committee.
Commissioner Morris said he thinks Mr. Stutler
and the Governor need to be complimented on this because this was a fear they
had and they saw the problems in
Chairman Henley said that is the crucial
question. He stated Mr. Stotler made
that commitment in
Commissioner Carey stated this will require
close coordination with Lynx and Voltran, because people must have a way to get
where they’re going or they will not ride the system. Chairman Henley said that’s why Lynx is
starting to try to gear up in order to shorten the wait times and so forth; and
Seminole County as well as Orange County and the others stepped up this time
with a larger commitment in order to start, because it’s going to take
significantly more buses to serve and a study of existing routes as to what
adjustments need to be made in order to service the stations.
Ms. Olore stated they have put together an
operating plan that Lynx has reviewed, and they are having a meeting next week
with Lynx and Voltran to talk about this.
She advised they are in the process of setting up a Transit Oriented
Development (TOD) workshop. Experts will
be brought in from the consulting business to show examples of other systems
around the country and will be inviting all the county partners as well as the
jurisdictions. They hope to have that
next month.
Upon inquiry by Chairman Henley, Ms. Olore
said she is always available to speak to various organizations. Whereupon, Chairman Henley said he thinks it
is important for the public to have a clear understanding of what is going to
happen and what the potential impact is of the cost. Chairman Henley expressed appreciation to Ms.
Olore for coming to share with the Board and with the citizens via television.
Motion
by Commissioner Morris, seconded by Commissioner Dallari, to approve and
authorize the following as amended by the
4. Approval
to schedule and advertise a public hearing on November 7, 2006, for the
proposed Ordinance amending Chapter 218 (Sections 218.18, Review of Jobs Growth
Incentives Fund applications, and 218.21, the Sunset Provision) of the Seminole
County Code.
5. Approve
and authorize the Chairman to execute the Business Development Agreement, as
shown on page _______, between
Fiscal
Services
Budget
6. Budget Amendment Resolution #2006-R-233, as shown on page
_______, #07-03 - $913,553 – Public Works – 1991 & 2001
Infrastructure Tax Funds. To carry
forward the budget of available funds for various projects from FY 2005/06 to
FY 2006/07 which were inadvertently excluded from the Second Public Hearing
Carry forward.
7. Budget
Amendment Resolution #2006-R-234, as shown on page _______, #07-04 - $2,583,381 – Public Works – Stormwater/2001
Infrastructure Tax/Public Works Grants. To provide additional funding to cover
higher than anticipated construction costs for the Lockhart Smith Regional
Facility. The lowest qualified bid for
the construction contract was $5,173,315, included on this meeting’s Purchasing
Consent Agenda for Board approval. The
project budget includes additional funds to cover
9A. Approve to submit grant application under the
ESRI and Stratus Technologies Demonstration Grant program and authorize the
MSBU
10. Adopt appropriate Resolution #2006-R-235, as
shown on page _______, authorizing the Solid Waste Collection and Disposal
assessments billed on an installment schedule and for establishing the
respective lien provisions for such assessments.
Resource Management
12. Pulled from the agenda
the request to award CC-0786-06/BLH, Oversizing and Extension of Sewer and
Water Mains for Cub Cove MSBU ($183,980.00).
13. Award CC-0926-06/TLR, as shown on page _______, Lockhart Smith
Canal Improvements and Regional Stormwater Facility, to Oklawaha Farms, Inc.,
Miami ($5,169,065.45).
14. Approve ranking, authorize negotiations and award PS-1167-06/BHJ,
as shown on page _______, Engineering Services for Residential Reclaimed Water
Main Retrofit-Phase II (Alaqua Lakes Subdivision), to Rockett & Associates,
Inc., of
15. Approve Amendment #3, as shown on page _______, to RFP-4243-05/DRR
– Irrigation System Evaluations – 2005 Agreement for
Library
& Leisure Services
16. Board approval of
Planning
& Development
Development
Review
17. Approve and authorize Chairman to execute the Minor Plat for Willis
Subdivision located on the south side of
18. Reschedule to November
7, 2006, the request to approve the Final Plat for Clayton Crossing Townhomes
located at the northwest corner of
20. Adopt appropriate Resolution #2006-R-236, as shown on page _______,
authorizing Chairman to execute a Quit Claim Deed, as shown on page _______, releasing
all interest in certain property (FDOT Parcel No. 105.4R) to the Florida
Department of Transportation for the Interchange Project at Interstate 4 and State
Road 434.
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional
Officers’ Consent Agenda
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
Clerk’s Office
22. Expenditure Approval Lists, as shown on page
_______, dated September 25, 2006 and October 2, 2006; and Payroll Approval
List, as shown on page _______, dated September 21, 2006.
23. BCC Minutes dated September 13, 2006 and
September 26, 2006.
24. Chairman to execute Satisfaction of Public
Defender Lien, as shown on page _______, in the amount of $200 for Shannon
Runion.
25. Noted, for information only, the following Clerk’s
“received and filed”:
1. Work
Order #42, as shown on page _______, to CC-1262-05, CFE Corp.
2. Certified
Tennis Pro Agreement, as shown on page _______, with Thomas A. Tyler.
3. Maintenance
Bond #41080503, as shown on page _______, in the amount of $94,624 for Bella
Foresta aka Windsor Oaks.
4. Supervising
Agency Agreement, as shown on page _______, with Christian Help.
5. Third
Amendment, as shown on page _______, to PS-0381-06, Rhodes & Brito
Architects.
6. Agreement
CC-1226-06, as shown on page _______, with Stage Door II, Inc.
7. Amendment
#1, as shown on page _______, to Work Order #2 for PS-5179-05, Jones Edmunds
& Assoc., Inc.
8. First
Amendment, as shown on page _______, to RFP-4247-05, H&H Liquid Sludge
Disposal, Inc.
9. Customer
Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement with Bella Foresta Home
Owners Association.
10. Addendum #4, as shown on page _______, to Land
Use Allocation Program Development Order for Stockbridge PUD.
11. Development Orders, as shown on page _______,
as follows: #06-30500006 for 6022 Ardele
Court, Steven French; #06-38000003, Waiver for not fronting on a public
right-of-way, Mary Luiz; and #06-20000006 for Brooks Lane Rezone, Walid &
Cassia Akkawi.
12. Addendum #1, as shown on page _______, to
Developer’s Commitment Agreement for Condev Office PCD.
13. Letter for Termination for Convenience regarding
M-442-04, Municipal Code Corporation, as shown on page ________.
14. Work Orders #17 and #18, as shown on page
_______, to CC-1267-05, KMG Fence, LLC.
15. First Amendment, as shown on page _______, to
PS-0369-05, HKS Architects, Inc.
16. Agreement DB-1137-06, as shown on page
_______, with Advanced Building & Design, Inc.
17.
Second
Amendment, as shown on page _______, to RFP-4106-01, Bender Engineering.
18.
Work
Order #6, as shown on page _______, to PS-0381-06, Rhodes & Brito
Architects.
19.
Work
Order #4, as shown on page _______, to PS-5147-03, Inwood Consulting Engineers,
Inc.
20.
Change
Order #1, as shown on page _______, to CC-0666-06, Paragon Development &
Const., Inc.
21.
Memorandum
to Sandy McCann from Denes Balo, Director of Clerk’s Finance, submitting the
Clerk’s amended budget, as shown on page _______, for FY 2005/06.
22.
Memorandum
to Denes Balo from Sandy McCann acknowledging receipt of the Clerk’s amended
budget for FY 2005/06.
23.
Agreement
PS-0984-06, as shown on page _______, with Environmental Research & Design,
Inc., as approved by the BCC on July 25, 2006.
24.
Work
Orders #16 and #17, as shown on page _______, to PS-5174-04, Connect
Consulting, Inc.
25.
Work
Order #60, as shown on page _______, to PS-5130-02, Nodarse & Assoc., Inc.
26.
Work
Orders #19 and #20, as shown on page _______, to CC-1267-05, KMG Fence, LLC.
27.
Work
Order #16, as shown on page _______, to CC-1188-02, One Source Roofing, Inc.
28.
Work
Order #19, as shown on page _______, to RFP-4241-05, Guardian Equipment, Inc.
29.
Work
Order #14, as shown on page _______, to PS-5144-03, PEC, Inc.
30.
Agreement
PS-1025-06, as shown on page _______, with Hughes Assoc., Inc.
31.
US 17-92
CRA 2006 Corridor Strategy.
32.
Fiscal
Performance Report for FY 2005/06, Third Quarter.
33.
Change
Order #6, as shown on page _______, to CC-1249-04, Southland Const., Inc.
34. Amendment #2, as shown on page _______, to CC-1267-05, KMG Fence,
LLC.
35. Bids as follows:
IFB-600088-06; RFP-1327-06; CC-1284-06; CC-1075-06; CC-1237-06; and
CC-1184-06.
Sheriff’s Office
25. Approve and authorize Chairman to execute a Budget
Amendment Resolution #2006-R-237, as shown on page _______, in the amount of
$17,520 and a Budget Amendment Resolution #2006-R-238, as shown on page
_______, in the amount of $110,000 for the Sheriff’s Office FY 06/07 budget
which the Florida Department of Law Enforcement has awarded from the State
Homeland Security Program grant. The
grant funds will be used to purchase and maintain equipment that supports the
Region 5 Initial Strategy Implementation for Domestic Security.
26. Approve and authorize Chairman to execute a Budget
Amendment Resolution #2006-R-239, as shown on page _______, in the amount of
$30,000 for the Sheriff’s Office FY 2006/07 budget, awarded to the Sheriff’s
Office by the Community Based Care of Seminole (CBCS), to be used to assist
families and children to help prevent possible removal of children and/or
divert ongoing supervision by the CBCS.
27. Approve and authorize Chairman to execute a
Budget Amendment Resolution #2006-R-240, as shown on page _______, in the
amount of $100,000 for the Sheriff’s Office FY 2006/07 budget awarded to the
Sheriff’s Office by the State of Florida through the Department of Law
Enforcement which established a Violent Crime and Drug Control Council whose
purpose is to assist municipal and County law enforcement agencies with funding
of complex investigations.
Districts 1, 2, 3,
4 and 5 voted AYE.
Community Services/Community
Assistance
The request for distribution of the
Community Services Partnership Grant funds in the amount of $1,235,232 to local
non-profit agencies through the Community Services Partnership Program (CSA)
was presented.
Commissioner Carey discussed her meeting
with Director Dave Medley yesterday regarding additional information concerning
the budgets of the Community Service agencies requesting funding. A copy of the information, CSA Funding as
Percentage of Agency Budget, was received and filed. Commissioner Carey stated that without having
all the information, she is hesitant about rubber stamping the recommendations
from a committee on funding because she would like more details. She said she would like to look at this
request further before the Board approves it in order to have the opportunity
to discuss this further with staff.
Chairman Henley stated the Board has
discussed for the last two or three years the process in regards to trying to
refine how to allocate the funds. Since
the requests are growing, this may be the time for the Board to give
consideration to adopting some policies.
He said he would like to have Mr. Medley give some thought to that and
come back with some recommendations for the Board to review regarding a way to
get some of the agencies to be more self-sufficient and self-supporting.
Commissioner Van Der Weide said he is not
interested in using the term, “weaning,” (of the agencies) because there are
obviously more needs than the Board is addressing. It’s a question in his mind of fairness and
how they are addressed. The other issue
is the fact the County’s budget grows and the amount contributed to the
organizations grows insignificantly compared to the overall increases in the
budget. There is something wrong with
that. He said there has got to be a fair
way to do this. Some organizations are questionable,
but the needs are still there and they are not going to get rid of all of
them.
Chairman Henley stated they went into this
system to try to be fairer and take the political aspect out of it. Part of the responsibility in order for the
committee to be fair is to make sure the individual submitting the information
submits all of it necessary to make the decision. That has always been a big problem. He thinks the area they need to strengthen to
be fairer is to make sure the agency provides the service they say they provide.
Commissioner Dallari said it is difficult to
see which organizations are actually developing their own funding sources and
trying to get more local funding. That
is the information he would like to see more of in the future. They need to look at how each organization is
trying to stand on its own. He thinks
the assistance from the County and how the agency is growing their systems
internally from a local aspect is what they should be looking at. Taking this out of the political forum, as
they have done, is also important so that they are looking at these on each
individual organization’s merit and not on the merit of who can bring to the
Board the most compelling story.
Commissioner Morris summarized how the
agency requests originally came before the Board. He said he thinks they now have a remarkably
disciplined system. The Board violates
the discipline every year by a little bit with someone coming up with a little
tweak here and there, but nothing earth shattering. He said he agrees the County budget has grown
and the Board has not continued increasing the funding to the partners in the
community the way the budget has grown, although they have made some strides to
do that. In their discussions about
these requests, he anticipates every year that the agencies are going to come
back and that there will be new folks coming on. The process is working and staff is doing an
excellent job. He remembers they also
discussed that these groups work cheaper, better and faster than what the Board
could do as a county government costing the taxpayers a lot more money. He said some of the groups could rely heavily
on federal funding--some have national, regional and fundraising efforts and
some have federal grants; while others can’t qualify. It is very difficult to come up with a magic
formula. He thinks this is a very good
system and the needs being fulfilled are very clear.
Chairman Henley said he is interested in
knowing what percent of an agency’s budget is going to pay salaries, and what
percent is funded by federal or state government in addition to what is
requested of the County.
Commissioner Carey stated the agencies that
have been around a long time know how to go through the system and have people
who do nothing but focus on making sure they get through the system to get
funding, but the small agencies don’t have that opportunity. She thinks there has to be some way for those
that are providing a good service to be funded, even though they are new and
don’t have money to buy the software to complete the reports and this becomes a
“catch 22.”
Dave Medley, Director, addressed the Board
to state one of the things they do each year when they begin this process is to
have very extensive training before the applications come in to try to help
those agencies that don’t have the expertise.
Commissioner Carey said she would like to
see some of those new agencies involved.
She would like to see those local agencies that are providing local
services to local people who don’t have the opportunity and can’t qualify for a
lot of the national funds. To her, those
are the people they should be looking for.
She agrees with Commissioner Van Der Weide that the County’s funding
should be increased. She would like the
Board to look at this closer and see some kind of policies come forward as to
how they do that and how they help those start-ups. She wants to see the budget information,
because when she sees them providing a huge chunk of a budget and see 40% or
50% of their budget going for salary and benefits for employees, she has a
concern with that.
Commissioner Morris said a number of these
agencies rely on the Board approving this request and the checks being cut, so
delaying this action would be delaying helping the community. He said if Commissioner Carey’s objective is
going to be met, they would keep the same system in place for the large grants
and have a small grant, which would be easier to comply with. He offered this design when going through the
next cycle. He also said the funding
from 2005-06 to now is about an 8% increase.
He stated he would support the recommendations as presented and then
would take care of the next application cycle.
Motion
by Commissioner Morris, seconded by Commissioner Dallari, to approve the staff
recommendation for distribution of the Community Services Partnership Grant
funds in the amount of $1,235,232.00 to local non-profit agencies through the
Community Services Partnership Program (CSA) for the purpose of delivering
services to improve the lives of Seminole County residents; and authorize the
Chairman to execute Contracts, as shown on page _______, with the approved
agencies listed.
Under discussion, Commissioner Van Der
Weide stated the only way the system is going to change is that the committee
gets new direction from the Commissioners.
He is hearing one valid point that the people can’t wait for their
money. If the Board wants to continue
the item to readdress it, they won’t be able to readdress it until they all
meet together and the Board makes the decision.
He said he doesn’t think they are increasing the budget enough and he
thinks the percentage of increase from last year needs to be addressed. He doesn’t think the Board should go forward
with the recommendation they now have, but he may have to live with that.
Commissioner Dallari said he thinks they
should move forward and bring back these concerns at the mid-year budget
adjustment. He agrees the Board should
allocate more funds, but doing that within 30 days of the budget approval is
difficult; and he thinks it would be more prudent to amend the budget at the
mid-year budget process. He thinks
Commissioner Morris made a good point of having a smaller grant.
Chairman Henley reviewed that the Board has
talked about phasing out or at least reducing some of the agencies; others
could possibly be increased or added.
Part of the information he would like to see spelled out has to do with
how much is going into personnel cost and what percentage of the budget is
provided by governmental agencies.
Later, the Board will look at whether they will increase the allocation
or not to the pot of funds and then decide to what distribution.
Commissioner Morris said there are
different ways to look at personnel costs.
Whereupon, Chairman Henley said they recognize that, but he thinks the
Boards needs that type information to make a judgment.
Commissioner Carey said her only reluctance
for approving this today is the fact that there are a couple of glaring
examples in the information provided; and for the Board to do that for another
year without supporting some of the agencies that, in her opinion, should be
supported, is an error. She recommended
pulling out the Seminole Volunteer agency and go back and review that for
distributing some of those funds to some of the other agencies that are
start-ups, and the Board could approve the remaining agencies.
Chairman Henley requested Mr. Medley to
pull this agency and provide all information he has about the organization to
the Board. Mr. Medley explained his
office had a major malfunction with their data base this year and information was
lost and corrupted and staff was not able to provide all the detailed budget
information. He said they will reenter
all that, reassess it and provide it to the Board for all the agencies.
Whereupon Commissioner Morris accepted, as
a friendly amendment to his motion,
to pull the Seminole Volunteer agency and staff will provide detailed budget
information on the agencies to the Board.
Commissioner Morris further suggested the
Board may set a target increase in funding for staff.
Chairman Henley said they need to be
conscious of the fact that these are reoccurring every year, so they want to
make sure that what they do is sustainable.
Districts 1, 2, 3, 4 and 5 voted AYE to the
motion, as amended.
The Board gave consensus to bring this back at mid-year.
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Chairman Henley announced that Item #29, Adopt
recommendations as presented by Evergreen Solutions, LLC, in the Comprehensive
Performance Management System Evaluation, has been pulled from the agenda, and rescheduled
to November 7, 2006.
Community Services/Community
Assistance, Continued
Ms. Coto said she believes Mr. Medley can
bring back at the November 7 meeting the information for the Seminole Volunteer
agency, but she would like more time to talk about dividing the monies up
differently for first-time applicants versus those supported over a period of
time, and for establishing some budgetary guidelines for increases in the
future.
Commissioner Dallari also asked to see
which organizations are having more national funding than local funding.
Chairman Henley advised one agency,
Discussion continued on some other
agencies.
Ms. Coto updated the Board on Jetta Point
and the Winter Springs Commission meeting held last evening. She advised a revision to the City’s code was
being considered to support development of public parks in C-1 and PUD zoning
districts. Unfortunately, there was a
public notification error and this was not heard. The City has indicated they will schedule a
special meeting for November 1 to consider this item and the second public
hearing will be held on November 13.
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Ms. Coto further advised that staff was
informed a couple months ago that the Volusia County Medical Examiner had
resigned and there was a temporary replacement in that position. She has received correspondence from State
Attorney Norm Wolfinger indicating that
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Chairman Henley recessed the meeting at
10:53 a.m., reconvening
at 1:30 p.m., this same date with all Commissioners (with Commissioner Morris
entering late) and all other Officials, with the exception of Deputy Clerk,
Carylon Cohen, who was replaced by Deputy Clerk, Sandy McCann, who were present
at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REZONING FROM C-1 TO R-1, JAMES MCNEIL
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a Small Scale Future Land Use Amendment from COM (Commercial) to LDR
(Low Density Residential) and a rezone from C-1 (Retail Commercial) to R-1
(Single-Family Dwelling) on .47 acres located on the southeast corner of the
intersection of 27th Street and Park Avenue, James McNeil, received and
filed.
Commissioner
Morris entered the meeting at this time.
Principal
Coordinator, Tina Williamson, addressed the Board to present the request,
advising the applicant is requesting the rezoning in order to establish a
community residential home (foster care facility) with no more than six
permanent unrelated residents. She
further advised staff is recommending approval and the P&Z Commission
unanimously voted to recommend approval of the request.
James
McNeil, applicant, addressed the Board to advise he is currently licensed to be
a foster parent and he hopes to open a community home on the property.
Ellis
Staydon,
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
District
Commissioner Carey stated the area is still residential and she does not
believe the commercial zoning is appropriate.
Motion by Commissioner Carey, seconded
by Commissioner Morris to adopt Ordinance #2006-70, as shown on page _______,
granting Small Scale Land Use Amendment from COM (Commercial) to LDR (Low
Density Residential); adopt Ordinance #2006-71, as shown on page _______,
granting rezoning from C-1 (Retail Commercial) to R-1 (Single-Family Dwelling);
and approve Development Order, as shown on page _______, for property
consisting of .47 acres located on the southeast corner of the intersection of
27th Street and Park Avenue, as described in the proof of publication, James
McNeil.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM PUD
TO PUD, HUNED BOTEE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from PUD (Planned Unit Development) to PUD
(Planned Unit Development) and approve Preliminary Master Plan and Development
Order for property consisting of .62 acres located on the east side of Line
Drive, approximately 300 feet south of Sand Lake Road, Huned Botee, received
and filed.
Senior
Planner, Michael Rumer, addressed the Board to present the request, advising
the parcel was previously located within Tract 5 of the Stockbridge PUD, which
permitted 280 townhomes and single-family dwellings on 33.3 acres with a
density of 8.4 units per acre. Tract 5’s
final approved development pattern is a total of 250 townhomes and
single-family dwellings, leaving the .62 acres vacant. He further advised the applicant intends to
create a new PUD consisting of seven townhomes at a density of 11.2 dwelling
units per net buildable acre. Staff
recommends approval and the P&Z Commission also recommended approval.
Jack
Reynolds of American Civil Engineering, representing the applicant, addressed
the Board to advise they are in agreement with all of staff’s comments and
recommendations.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt Ordinance #2006-72, as shown on page
_______, granting rezoning from PUD (Planned Unit Development) to PUD (Planned
Unit Development); and approve
Preliminary Master Plan and Development Order, as shown on page _______,
for property consisting of .62 acres located on the east side of Line Drive,
approximately 300 feet south of Sand Lake Road, as described in the proof of
publication, Huned Botee.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1
TO R-1A, ANDREW STANLEY
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 (Agriculture) to R-1A (Single-Family
Dwelling) for property consisting of 10 acres located southeast of
Principal
Coordinator, Tina Williamson, presented the request, advising the application
of the Weighted Method for Determining Single-Family Residential Compatibility
test was done and it was determined that the analysis does not support the
requested rezoning to R-1A. The adjacent
properties to the east, west, northwest and south of the site are zoned
A-1. To the north and northeast is a
subdivision with the R-1 zoning district.
Further south, there are properties that have A-1 zoning and the
Suburban Estates Future Land Use designation.
These properties represent those located within the 660-foot boundary
around the subject property per the LDC.
Additionally, there are subdivisions further to the northwest and
northeast which are not adjacent to the site, but are within close proximity,
that consist of the R-1AA zoning district.
She further advised that staff recommends denial of the request and the
P&Z Commission unanimously voted to recommend denial also.
Andrew
Stanley, applicant representing the property owner, addressed the Board to
display a drawing of the area (copy received & filed), advising the
Don
Sipley,
Norma
Martin,
Kerry
Scott,
Earl
Lord,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
District
Commissioner Carey stated she believes this property would be a good
transitional piece.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to deny request to rezone 10 acres, located southeast
of Ronald Reagan Blvd., on the south side of Frances Avenue, as described in
the proof of publication, Andrew Stanley, from A-1 (Agriculture) to R-1A
(Single-Family Dwelling), based on staff findings; and authorize the Chairman
to execute the Denial Development Order, as shown on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1 & PUD
TO PUD, KIMLEY-HORN/JONATHAN MARTIN
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone 12.20 acres located on the west side of
International Parkway, north of the intersection of Colonial Center Parkway and
International Parkway and south of the intersection of Pebble Ridge Lane and
International Parkway, from A-1 (Agriculture) and PUD (Planned Unit
Development) to PUD (Planned Unit Development), Kimley-Horn/Jonathan Martin,
received and filed.
Planning
Manager, April Boswell, addressed the Board to present the request, advising a
portion of the site currently has the PUD zoning district; however, no
entitlements are associated with this zoning.
She stated the applicant is also seeking Preliminary Master Plan
approval for a mixed use project incorporating target industries (hotel with
conference space or Class A office), supporting office/retail/restaurant,
residential condo units, and live/work condos.
Density in the proposed PUD district will not exceed 29.61 dwelling
units per net buildable acre. She said
the applicant is proposing a maximum of 17 work/life units. She reviewed the compatibility issue with the
Board, advising staff recommends approval of the request to rezone and approval
of the Preliminary Master Plan.
Jonathan
Martin, applicant, addressed the Board to thank staff for working with them
over the past year; and stated that he will answer any questions.
A
brief discussion ensued between the Board and Mr. Martin with regard to the
work/life spaces and the square footage of them.
Brook
Weise, applicant’s architect, addressed the Board to advise the square footage
of the work/life spaces will be flexible.
Upon
inquiry by Chairman Henley with regard to school capacity, Mr. Martin stated
that are still in conversations with the School Board. He said the School Board is working on a new
impact fee ordinance should be adopted early next year. He further said the School Board has
indicated to them that they would have to follow that new ordinance.
A
copy of the revised School Capacity Report was received and filed.
Mr.
Martin advised Commissioner Dallari that they will have their final square
footages when the site plan comes back for approval.
Mike
Rigby, Planner for the School Board, addressed the Board to advise
No
one else spoke in support or in opposition.
District
Commissioner Carey recommended approval.
Motion by Commissioner Carey, seconded
by Commissioner Morris to adopt Ordinance #2006-73, as shown on page ________,
granting rezoning from A-1 (Agriculture) and PUD (Planned Unit Development) to
PUD (Planned Unit Development), for 12.20 acres located on the west side of
International Parkway, north of the intersection of Colonial Center Parkway and
International Parkway and south of the intersection of Pebble Ridge Lane and
International Parkway, as described in the proof of publication, Kimley-Horn/Jonathan
Martin; and approve Development Order, as shown on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF THE
AQUATIC WEED CONTROL MSBU
Proof of publication, as shown on page
_______, calling for a public hearing to consider an ordinance creating the
Mirror Lake Aquatic Weed Control MSBU for the purpose of providing aquatic weed
control to the lake within the unit, received and filed.
Kathy
Moore, Fiscal Services, addressed the Board to present the ordinance, advising
the petition for the MSBU demonstrated an 82.1% support rate.
Jean
Mueller,
Ms.
Moore clarified for Ms. Mueller that the annual assessments would be a maximum
of $250.
Upon
inquiry by Ms. Mueller,
Glen
Tolison addressed the Board to speak in support, stating he lives next door to
Ms. Mueller. He complained about the
mess on the property next to the fire station that was once owned by the
Seventh Day Adventists.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt Ordinance #2006-74, as shown on page
_______, creating the Mirror Lake Aquatic Weed Control MSBU for the purpose of
providing aquatic weed control to the lake within the unit, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF THE WATER
SUPPLY FACILITIES WORK PLAN
Proof
of publication, as shown on page _______, calling for a public hearing to
consider proposed Text Amendments to the Capital Improvements, Conservation,
Future Land Use Implementation, Intergovernmental Coordinator, Potable Water,
and other Elements as necessary of the Seminole County Comprehensive Plan to
implement the Water Supply Facilities Work Plan for 2006, received and
filed.
Chairman
Henley advised staff is requesting that this item be continued so that they can
have an opportunity to respond to the DCA Report.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to continue until December 12, 2006, at 1:30
p.m., or as soon thereafter as possible, consideration of proposed Text Amendments
to the Capital Improvements, Conservation, Future Land Use Implementation,
Intergovernmental Coordinator, Potable Water, and other Elements as necessary
of the Seminole County Comprehensive Plan to implement the Water Supply
Facilities Work Plan for 2006, as described in the proof of publication.
Under
discussion, John Horvath,
Speaker
Request Form was received and filed.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Henley advised he is in receipt of a letter from the cities endorsing the
Referendum on the Natural Lands.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Copy
of letter dated
2. Notice
of Legislative Delegation meeting
3. Memorandum
dated
4. Letter
dated
5. Letter
dated
6. Notice
and agenda for
7. Copy
of letter dated
8. Copy
of letter dated
9. Copy
of letter dated
10. Copy of memorandum dated
11. Letter dated
12. Copy of letter dated
13. Copy of letter dated
14. Letter dated
15. Letter dated
16. Letter dated
17. Letter dated
18. Memorandum dated
19. Notice of City of Lake Mary public hearings
for adoption of Comprehensive Plan on
20. Consolidated environmental resource permit and
sovereign submerged lands authorization notice.
(cc:
21. Copy of letter dated
22. Notice dated
23. Notice dated
24. Notice of City of Lake Mary Local Planning
Agency/Planning and Zoning Board public hearings on
25. Letter dated
26. Letter dated
27. Letter dated
28. Letter dated
29. Copy of letter dated
30. Copy of memorandum dated
31. Copy of memorandum dated
32. Copy of letter dated
33. Memorandum dated
34. Copy of letter dated
35. Minutes of
36. Memorandum dated
37. Copy of letter dated
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Carey announced that
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Commissioner
Carey advised that Rescue Outreach Mission of Sanford will be hosting its
annual Servants of the People lunch on October 26 at the
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Commissioner
Carey advised that the next CALNO meeting is scheduled for November 1, 2006;
and requested another Commissioner attend in her place as she will not be able
to attend.
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Commissioner
Dallari reported that Planning Manager, April Boswell, and he attended the
Oviedo City Council meeting last week to discuss the Oviedo Joint Planning
Agreement.
Upon
inquiry by Commissioner Dallari, Ms. Coto advised staff is still reviewing the
City’s Blight Study so that they can bring something back to the Board for
consideration.
Commissioner
Dallari stated he would like to see the blight area expanded to the Johnson and
A
brief discussion ensued with regard to the 95% support being requested by the
City.
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Commissioner
Dallari announced that The Festival of the Arts Artist Wine and Cheese
Reception is scheduled for November 2 at 6:30 p.m. at the Heathrow SunTrust
Bank.
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Commissioner
Dallari advised Dr. Ann McGee was selected the National CEO of the Year and
suggested the BCC adopt a resolution commending her for same.
The
Board voiced no objections to
presenting a Resolution to Dr. Ann McGee at the November 7th meeting.
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Commissioner
Morris discussed the proposed Lake Mary High School Pool, advising the County
has approved $600,000 and the City of Lake Mary has approved $300,000 toward
the construction. He said the value
engineering estimates have come in much higher than expected ($3.5 million) and
the pool is in danger of not being built.
He stated the School Board is willing to pick up the maintenance. He further said there are two options – (1)
Use CDBG grant money if the project qualifies; or (2) Build only Phase 1 of the
pool. He said staff will bring back all
the information at the November 7th BCC meeting for the Board’s review.
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Commissioner
Henley discussed literature he received in the mail from the Citizens for
Accountability in Government with regard to proposed Charter Amendment #1,
pertaining to the Clerk to BCC duties.
At
the request of Commissioner Henley,
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A
brief discussion ensued between the Board and Ms. Coto with regard to the
funding request for the Scottish/Highlands Games.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:45 p.m., this same date.
ATTEST:_____________________Clerk_____________________Chairman
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