The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:31 a.m. on Tuesday, October
26, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
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 Carylon Cohen
The Invocation was given by Pastor Paul Hoyer, Holy
Cross Lutheran Church, Lake Mary.
Commissioner Van Der Weide led
the Pledge of Allegiance.
Awards
and Presentations
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt
appropriate Resolution #2004-R-184, as shown on page _______, proclaiming the
month of November 2004 as “National
Epilepsy Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
-----
Motion by Commissioner Maloy, seconded by Commissioner Van
Der Weide, to adopt appropriate Resolution #2004-R-186, as
shown on page _______, honoring William “Bill” Demetree for his
dedication to community service, in
particular to troubled youth and their families.
Districts 1, 2, 3, 4
and 5 voted AYE.
Commissioner
Maloy presented the Resolution to Kate O’Leary, Executive Director, on behalf
of Mr. Demetree, who was not feeling well and could not attend today.
Ms. O’Leary expressed that the County Commissioners
are honoring a wonderful man. She
advised of an event on November 10 where they will be honoring Mr. Demetree and
having a grand opening of their new shelter.
She expressed appreciation for the Board’s support.
-------
Motion by Commissioner Henley, seconded by
Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-185, as shown on page _______, commending Patrick L. Morgan in the
Roads-Stormwater Division of the Public Works Department for his 30 years of
service to Seminole County and its residents upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley expressed his personal
appreciation to Mr. Morgan on behalf of the residents of District 4. He said he has had a tremendous number of
commendations from the citizens about Mr. Morgan’s responses and attitude and
about the work he has done. He stated
the people in District 4 appreciate his efforts and so does he, and he wished
Mr. Morgan well in his retirement. He
presented the Resolution to Mr. Morgan.
-------
Ray Gilley, Economic Development Commission, addressed the Board to make
a PowerPoint Presentation of the Metro Orlando Economic Development Commission
Activity Report. The information packet
was received and filed. Some of the EDC
team members were also present. Mr.
Gilley’s presentation covered the following topics: Mission; What We Do; Year in Review (Year ended September 30,
2004); By the Numbers; Who We
Helped; Who Filmed Here; Where We Traveled; Who’s Talking About Us; Awards
& Accolades; Other Highlights; and The Best News of All.
Tracy Turk, Seminole
County’s EDC Director, addressed the Board to thank Bill McDermott and key
County staff for their support. She
continued the PowerPoint presentation with the following topics: Establishment Highlights: FY 03-04; New Projects; Film & TV;
County Priorities; Partnerships; EDC Industry Innovation Awards; and Upcoming
Events.
Commissioner Henley
commended Mr. Gilley on the efforts they have been making. He asked Mr. Gilley to comment on the
deficit amount of $226,839 shown on page 7 of the Activity Report. He also asked about the efforts to recruit
support for the EDC, and utilization of the office space.
Commissioner Morris
discussed his concern to maintain the regional balance on the Board and to
recruit on the Board of Directors many of the new companies to become more
engaged in the community. He thinks
they are still failing to recruit new businesses to the EDC Board, and he does
not believe there is an aggressive enough of an outreach.
Commissioner Morris
commended Mr. Gilley and the organization.
He said they have done a very good job since the post 9-1-1 environment.
Chairman McLain stated
he appreciates Mr. Gilley attending today’s meeting and told him to keep up the
good work.
12. Approve and authorize Chairman to execute the Department of
Environmental Protection Application and Memorandum of Understanding, as shown
on page _______, with University of Central Florida for FY 2004/2005 Innovative
Recycling & Waste Reduction Projects Grant.
13. Adopt
Resolution #2004-R-188, as shown on page _______, to apply for funding for two
projects, Phase I – Jetta Point and Soldier’s Creek Park, proposed to the
Florida Recreation Development Assistance Program (FRDAP).
14. Authorize scheduling and advertising a public hearing on November
9, 2004 at 1:30 P.M. for the purpose of reestablishing the budgets for
previously approved capital projects and other specific items.
15. Approve Ranking List, Authorize
Negotiations, and Award PS-5169-04/AJR, as shown on page _______, Master
Agreement for Professional Services for Bear Lake Road – SR 436 to the Orange
County Line to Bowyer-Singleton & Associates, Inc., Orlando.
16. Approve Ranking List, Authorize
Negotiations, and Award PS-5170-04/AJR, as shown on page _______, Master
Agreement for Professional Services for Airport Boulevard Extension-SR 46-CR 15
to Reynolds, Smith & Hills, Inc., Orlando.
17. Approve Change Order #3, as
shown on page _______, to BID-298-04/PWM, Resurfacing of interior and exterior
of four (4) steel welded Leachate tanks with H.I.S. Painting, Inc., Titusville
($24,046.00).
18. Award IFB-3093-04/GMG, as shown on page
_______, Term Contract for the Purchase of International Trucks for Seminole
County Fleet Services, to Maudlin International Trucks, Inc., Orlando.
19. For
Information Only
20. Approve and authorize Chairman to approve the
Consolidated Plan Amendment to the 2002-2003 One Year Action Plan of the
2000-2005 Five year Consolidated Plan effective November 15, 2004 pending
public comments.
21. Approve and authorize Chairman to execute two
(2) CDBG Subrecipient Agreements, as shown on page _______, with: 1) City of
Sanford-CDBG, 2) City of Longwood-CDBG and two (2) ESG Subrecipient Agreements,
as shown on page _______, with 1) Rescue Outreach Mission of Sanford, Inc., and
2) Seminole County Victim’s Rights Coalition, Inc.
22. Approve and authorize Chairman to execute the
First Amendment, as shown on page _______, to the Seminole County and City of
Sanford Infrastructure Improvements HUD/CDBG Subrecipient Agreement for Program
Year 2003-2004.
23. Approve and authorize Chairman to execute the
Joinder and Consent form, as shown on page _______, for the re-plat of the Lisa
Merlin House properties in Casselberry.
25. Pulled from the agenda the request to
approve and recognize the Seminole County Continuity of Operations Plan and
Terrorism Annex as a working document to assure continuation of Seminole County
Government during and after emergencies.
Tourism Development
28. Approve and authorize Chairman to execute Agreement, as shown on
page _______, between Seminole County and the City of Sanford for the City of
Sanford’s Golden Age Games in the amount of $5,000.00.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Mr. Grace stated he would bring Item #25 back at the next Board meeting.
Motion by Commissioner Morris, seconded by Commissioner Henley, to approve
and authorize the following:
29. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel Number 135, of the Lake Drive road improvement project,
located at 1940 Lake Drive, Casselberry, in the amount of $95,000.00, inclusive
of all attorney’s fees and expert costs incurred, Olive Assam property.
30. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel ID Numbers 118/718, of the Lake Drive road improvement
project, located at 4722 E. Lake Drive, Winter Springs, in the amount of
$45,000.00, inclusive of all attorney’s fees and expert costs incurred, James
M. and Anne J. Gillespie property.
31. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel ID Number 108, of the Lake Drive road improvement project,
located at 4701 E. Lake Drive, Winter Springs, in the amount of $70,000.00,
including attorney’s fees and costs incurred, Michelle A. and Darryl A.
Blanford property.
32. Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel Number 120, of the C-15/Elder Creek (Ponds) improvement
project, located at 490 Monroe Road, Sanford, in the amount of $225,000.00,
with no fees or costs incurred, Thuy T. Le property.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised the Payroll
Approval Lists dated September 23 and October 7, 2004 are included in the
Clerk’s Report.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide,
to approve and authorize the following:
33. Expenditure Approval Lists, as shown on page _______, dated
September 28 and October 4 & 11, 2004; and Payroll Approval Lists, as shown
on page _______, dated September 23 and October 7, 2004.
34. Chairman to execute the following Satisfactions of Judgment/Court
Costs:
Troy Blankenship, Case #94-2856-CFA - $255
Jennifer Diekneit, Case #97-11189-MMA - $110
Diana King Knight, Case #97-4522-MMA - $40
Public Defender Application Fee
Erik Mendez, Case #00-10406-MMA - $193
Court Costs and Public Defender Application Fee
Erik Mendez, Case #01-6382-MMA - $198 Court
Costs and Public Defender Application Fee
Jeffrey Roberts, Case #98-815-CFA - $295
Joel Sotolongo, Case #97-4379-MMA - $110
Thomas Robert Watson, Case #00-9239-MMA -
$212 Court Costs and Public Defender Application Fee
35. Chairman to execute the following Satisfactions of Judgment/Bail
Bond Liens:
Lisa
Garofalo & American Bankers Ins. Co. - $555
Emory
Emerson Griffin & Lexington National Ins. Co. - $555
Emory
Emerson Griffin & Lexington National Ins. Co. - $555
Richard
Alexand. Vargas & Roche Surety & Casualty - $323
36. BCC Official Minutes dated September 28, 2004.
37. Noted, for information only, the following Clerk’s “received and
filed”:
1. Work Order #18, as shown on page _______, to PS-5120-02.
2. Basic Contract M-459-04, as shown on page _______, Singhofen & Associates.
3. Work Orders #22 & #23, as shown on page _______, to PS-5130-02.
4. Work Order #10, as shown on page _______, to PS-5150-03.
5. Third Renewal, as shown on page _______, to M-207-00, Motorola, Inc.
6. Amendment #2 to Work Order #11, as shown on page _______, to PS-5116-02.
7. Work Orders #1 & #2, as shown on page _______, to RFP-4215-04.
8. Work Order #1, as shown on page _______, to RFP-4221-04.
9. Work Order #1, as shown on page _______, to PS-5156-04.
10. Work Orders #11 (2), as shown on page _______, to PS-5150-03, EMS.
11. Work Order #1, as shown on page _______, to PS-5160-04.
12. Work Order #3, as shown on page _______, to RFP-4214-04.
13. Amendment #1 to Work Order #5, as shown on page _______, to CC-1188-02.
14. Work Orders #19 & #20, as shown on page _______, to CC-1220-03.
15. Work Order #6, as shown on page _______, to RFP-484-00.
16. Executive Orders, as shown on page _______, as follows: #2004-10 Declaring State of Local Emergency; #2004-11 regarding Mandatory Evacuation; #2004-12 Imposing Curfew in Areas of Mandatory Evacuation; #2004-13 Imposing Countywide Curfew; and #2004-14 Extending Countywide Curfew.
17. Order Acknowledging Transfer and Amending Certification Nos. 279-W and 226-S from the Public Service Commission.
18. Performance Bond #SU-5005241 and Title Opinion, as shown on page _______, for the project known as Highcroft Pointe Townhomes.
19. Memorandum to Sandy McCann from Denes Balo submitting Fiscal Year 2003/2004 Amended Clerk’s Budget, as shown on page _______.
20. Memorandum to Denes Balo from Sandy McCann acknowledging receipt of the FY 2003/2004 Clerk’s Amended Budget.
21. Memoranda to the Board from Kevin Grace, County Manager, regarding Capital Project Fund Transfers in the amount of $171,875 and $537,000.
22. Notice of Special Meeting scheduled by the Seminole County Industrial Development Authority for October 6, 2004.
23. Maintenance Bond #SU-5005243-1, as shown on page _______, for the project known as Madison Creek; and Maintenance Bond #SU 5005242-1, as shown on page _______, for the project known as Madison Place.
24. Memorandum to Jerry McCollum, County Engineer, from Henry Brown, Assistant County Attorney, relating to Direct Pay Request for Seminole County v. King, et al.
25. Memoranda to Jamie Croteau, Administrative Services; Bill McDermott, Economic Development; and Ray Hooper, Purchasing, from Kevin Grace, County Manager, relating to Outstanding BCC Documents.
26. Letter to Sandy McCann, Commission Records, from Mahmoud Najda, Planning & Development, re: P&D Outstanding Documents.
27. Memorandum to Kevin Grace, County Manager, from Sandy McCann, Commission Records, re: Outstanding BCC Documents.
28. Memorandum to Dixie Haller, Planning & Development, from Sandy McCann, Commission Records, re: P&D Documents.
29. Proof of publication, as shown on page _______, relating to hearings regarding disputed or appealed applications for Exemptions on October 22 and November 4 and 5, 2004.
30. Bids, as shown on page _______, as follows: IFB-3095-04 and CC-1244-04.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Sheriff’s Office
No Report.
-------
Chairman McLain recessed the meeting at
10:16 a.m. and reconvened it at 10:30 a.m.
Chairman
McLain moved Agenda Item #41 up for consideration at this time.
Bill McDermott, Economic Development Director, addressed the Board to present Resolution for adoption recognizing Lenders First Choice Agency, Inc. (LFC), a title insurance agency, as a “Qualified Targeted Industry” (QTI). He introduced Jeff Harvey, Senior Vice President of the Lenders First Choice Agency, Inc. He stated if the project is approved, Mr. Harvey will be moving here and be in charge of the project. He advised that this one project will reduce the vacancy rate in the Longwood area by 7%.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris,
to approve the staff recommendation to adopt appropriate Resolution
#2004-R-192, as shown on page _______, recognizing Lenders First Choice Agency,
Inc. (LFC), a title insurance agency, as a “Qualified Targeted Industry” (QTI).
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
-------
Dave Medley, Director, and Kelly Metcalf, Program Manager, addressed the Board to request approval of recommendations for distribution of the Community Service Agency (C.S.A.) Partnership Grant funds in the amount of $1,130,633 and authorize the Chairman to execute Contracts with the approved agencies.
Chairman
McLain stated this Board has basically had no substantial input into this
process. Prior to that time the Board
had all of the input. He thinks it is
important for the Board to have the opportunity to have some input from time to
time. In future years, they might want
to set aside some reserves for special needs or for what the Board feels might
come up that’s important. One item he
thinks they need to work on is the Seminole County YMCA. He said the agency is going through a
substantial expansion. He was
disappointed the Board was not able to provide them any funding and assistance. He requested the Board provide $25,000 to
the YMCA for this funding year.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris,
to approve $25,000 funding to the YMCA.
Under discussion, Commissioner Morris said
the YMCA expansion is long overdue.
Their membership is going out the back door as fast as they come in the
front door because of the overcrowding conditions. They have gone through numerous directors. They don’t have outreach programs in the
small, low-income communities. When the
Board approached them about that, they said it is really up to the community
and government.
Chairman McLain said he thinks they are
seeing a change in that attitude. He
thinks they see opportunities for the County’s service in their community. He said the Y spends several hundred
thousands of dollars a year in scholarships for low-income families. He thinks the County needs to be a small
partner. He also thinks it is important
to their relationship in helping the Y develop more services for Seminole
County. He believes they are addressing
the questions the Board raised in the last two years.
Commissioner Van Der Weide stated he has
talked to the Y regarding the trailhead and mixed use. They expressed a lot of interest. The topic came up then about whether they
would be willing to address some of the concerns that Commissioner Morris
mentioned, and they expressed a willingness to address the issues. That is the reason he made the motion.
Commissioner Henley stated he won’t be
supporting this motion because the Board had a process set up and if they read
the comments based upon the application submitted by the Y, they demonstrated
no need. He said it is not that they
don’t provide a valuable service; but the Y is predominantly used by middle and
upper class citizens. Most of the
funding money goes to the elderly, those with disabilities and deprived
young. This would be a departure from
that. He said the Y did not indicate if
they did not get the $25,000 that would have an impact on them. He thinks the $25,000 would have much more
of an impact on other agencies.
Chairman McLain said the Y gives out several
hundred dollars in scholarships to poor families. He thinks it is important to get the young people out to other
communities so they can see the benefit of a community other than just where
they live.
Commissioner Morris asked if they could earmark
the money for scholarships.
Mr. Medley said it would be his desire to
contract with the Y for specific services.
They can do this in scholarships in any of their programs and then
monitor them.
Commissioner Morris said he will support the
motion based upon it being that these funds go to the economically
disadvantaged for scholarships or to programs therein. This would not replace any money. This would be additional outreach money for
the Y to do that.
Under further discussion, Mr. Grace said he
thinks staff needs to bring this particular item back before the Board for
approval.
Commissioner Henley said his concern is there
is no guarantee of any additional services.
If the Board earmarks the money, he would have no problem supporting the
motion. He said one of the biggest
problems for the economically disadvantaged is transportation. He doesn’t know if providing scholarships is
going to solve that problem.
Commissioner Morris said the Y could have a
program in the City of Sanford and in East Altamonte. They can take the Y to the people.
Cheryl Woods, District Vice President of the
YMCA, addressed the Board to state they have no problems with what is being
discussed and they can do that. She
said they have worked real hard in the last year trying to improve on some of
the issues. She has spoken to the
County on doing a better job in the future on the application process.
Chairman McLain said the $25,000 would be for
scholarships for needy families, and the contract will come back to the Board
at the next meeting for scholarships and/or disadvantaged services to the
community. This will not replace
current dollars but will be new family outreach.
Commissioner Henley said if the motion is
worded that way, he will support it.
Commissioner Van Der Weide stated he had no
problem with rewording the motion.
There were no objections to the
amendment to the motion.
Mr. Grace said the money would come out of
the General Fund Contingency and the Board could authorize him to execute the
Budget Change.
Chairman McLain said the Board is directing
staff to come back with a $25,000 grant for programs and scholarships for the
YMCA.
Whereupon, Mr. Grace said since staff is
coming back at the next meeting, he will bring the Budget Change Request back
at that time.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide,
to approve amending the motion that staff is directed to come back with a
$25,000 grant to the YMCA for programs and scholarships for the economically
disadvantaged as new family outreach money.
Districts 1, 2, 3, 4 and 5 voted AYE.
---
Commissioner Van Der Weide said he is
personally involved with the Christian Sharing Center agency. He would like to ask the Board to increase
their funding by $25,000. He thinks
they are greatly underfunded.
Commissioner Maloy advised this agency
received what they requested.
Commissioner Van Der Weide stated that what
the agency requested was before the hurricanes and he knows what their needs
are.
Commissioner Morris said one of the things
the Board is trying to follow is the procedure they have set up. He asked if this could be brought back in
two weeks to see if the Center can fulfill the needs statement for the
additional $25,000.
Commissioner Van Der Weide said that would
not be a problem.
Commissioner Henley said he was not in favor
of bringing the request back. He said
there is not one of them who could not come up with someone who needs more
money. The Board adopted a process and
if they are going to start back with each one bringing up a favorite agency,
then he wants to bring up another request also. He doesn’t think they need to go back to the old process.
Commissioner Van Der Weide said as far as the
policy in place, they have to have some flexibility. This policy has taken away all the flexibility of the people who
are directly responsible to the citizens.
He thinks they need to express their right to do what they think is
best. He said the Sharing Center serves
all the people of the community. They
are doing a wonderful job and they need additional funds. Under the circumstances of the hurricanes,
there may be other groups that may need to be brought up.
Commissioner Henley said he doesn’t think
they took the flexibility out at all.
He said all agencies feel they have a need and want government to meet
that need. Somewhere along the line,
they have to draw the line and recognize the contributions that have been
made. He stated the Sharing Center got
exactly what they asked for, and each one of the agencies submitted their request
before the hurricanes.
Chairman McLain said maybe they have
ratcheted this down too tight and, as Commissioner Van Der Weide said, they
need to have some flexibility to bring up agencies that they know of.
Mr. Grace stated he doesn’t want the Board to
think they are trying to tie this to the staff recommendations. He said these are recommendations and the
Board needs to make the policy decisions.
Commissioner Morris said for this particular
request, Commissioner Van Der Weide brought to them the need in the community
and they should go back to the agency and bring this back before the Board.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris,
to bring back before the Board at the next meeting the request for funding to
the Christian Sharing Center with an amended application.
Under discussion, Commissioner Henley said
the School Readiness Coalition still has a large number of children who were
not served. He said he would like to
increase their funding to $75,000. He
wants to bring this back along with Commissioner Van Der Weide’s request.
Commissioner Maloy said the reason the Board
went to this procedure was to try to stop this from happening. He thinks it is getting a little bit out of
hand, and he thinks they ought to go with what they have.
Chairman McLain called for the vote on the
motion to bring back for consideration the request for the Christian Sharing
Center for an additional $25,000.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Motion by Commissioner Henley, seconded by Commissioner Morris, to
bring back for consideration additional funding of $15,000 to the School
Readiness Coalition.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to
approve the staff recommendation for distribution of the Community Service
Agency Partnership Grant funds in the amount of $1,130,633 and authorize the
Chairman to execute the Contracts, as shown on page _______, with the approved
agencies as identified.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Tony Walter, Assistant Planning Manager,
addressed the Board to request authorization to advertise the Boat Dock
Ordinance to amend the Land Development Code for the December 1, 2004, Planning
and Zoning Commission meeting and the January 11 and 25, 2005, Board of County
Commissioners meetings.
Commissioner Morris said he thinks this is
really a property rights issue. He
doesn’t see this as practical.
Commissioner Van Der Weide stated he doesn’t
think they should be able to deny the property rights. He thinks this is a move in the right
direction.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to authorize staff to advertise the Boat Dock Ordinance to amend the Land Development Code for the December 1, 2004, Planning and Zoning Commission meeting and the January 11 and 25, 2005, Board of County Commissioners meetings.
Under discussion, Commissioner Henley said he
thinks staff has done a good job in bringing this up. He only questions the height and wonders if 10 feet is
enough. Chairman McLain said he had
that thought also.
Mr. Walter said any boat dock approved has to
come to the Board for their approval.
Discussion ensued.
Deputy
County Attorney Steve Lee said 10 feet is in the Code historically, but the
Board can make it any number they want.
His only concern is view obstruction from neighboring properties. He said the Board could change the height
limit if they find it would not obstruct neighboring properties.
Chairman
McLain said he thinks they need to consider changing the height. They need more evaluation before picking a
number.
County
Attorney Robert McMillan said the point is the 10-foot height can be changed at
the hearing. He said on a case-by-case
basis they can assess it and set a different height.
Mr.
Lee said the ordinance drafted allows boat houses and boat docks as a matter of
right without a principle use.
Chairman
McLain said he thinks the Board should approve the Ordinance as is and ask
staff to go back and take a look and come up with some language that is
sufficient but without obstructing neighboring properties.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Matt Chesler,
Community Information, and Arnold
Schneider, County Attorney’s Office, addressed the Board to recommend adoption
of the Resolution approving the transfer of control of the non-exclusive
franchise from Florida Communications Partners LLC, d/b/a Heathrow Cable to
Bright House Networks, LLC.
Commissioner Morris said staff needs to bring the franchise request back the first meeting in January. He said they need to set forth negotiations with Bright House and need to do that well in advance. He said this item makes a lot of sense to him.
Motion by Commissioner Morris, seconded by
Commissioner Henley, to adopt appropriate Resolution #2004-R-191, as shown on
page _______, approving the
transfer of control of the non-exclusive franchise from Florida Communications
Partners LLC, d/b/a Heathrow Cable to Bright House Networks, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Mr. Walter presented request to approve the Final
Master Plan for an Urban Conservation Village single-family subdivision located
at 1435 Myrtle Street and authorize Chairman to execute a Developer’s Commitment
Agreement (Sandy Bierly, applicant). He
said the applicant has moved the recreational area. The internal trail has been connected to the
equestrian/pedestrian trail.
Commissioner
Morris said there was a letter to the editor from the Winter Springs Deputy
Mayor. He would like this plan
forwarded to the Winter Springs Commission so they can understand exactly what
the County is doing, and with the County’s recommendation that they might
consider this conservation village concept in their urban area.
Chairman
McLain said he is very satisfied with the results that have come out of this
process. He thinks they have done a
great job and set the tone for looking at other areas of the County.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to approve
the Final Master Plan for an Urban Conservation Village single-family
subdivision located at 1435 Myrtle Street; and authorize the Chairman to
execute a Developer’s Commitment Agreement, as shown on page _______, Sandy
Bierly, applicant.
Districts
1, 2, 3, 4 and 5 voted AYE.
County
Manager’s Briefing
Mike
Wittmer, Animal Control Manager, addressed the Board to seek direction on how
to proceed with the request from the Animal Control Board regarding SCPALS
(Seminole County’s Promise to Animal Life Sanctity) recommendations. He explained the Animal Control Board
members are asking if it is possible to have the remainder of the
licensing/rebate money go to special projects for animal services and to a
special fund where it would be designated for things such as improvements to
the cat adoption area.
Mr.
Grace advised that any money not used goes into the General Fund. If the Board does what the Animal Control
Board is asking, they will be agreeing to use additional annual fund money to
make up for those revenues that are being set aside for the capital
programs. Discussion ensued.
Commissioner
Morris said the Animal Control Board needs to make recommendations and tell the
BCC what it is going to cost or what the back-up plan is going to be. He would personally like to hear their
recommendations. He said the BCC should
have a write-up that responds to each one of the SCPALS’s requests. The Animal Control Board needs to tell the
BCC what is practical or not.
Chairman McLain said the Board has worked with
SCPALS group now for a couple years.
Because of that, there is no remaining loophole with people taking
animals home without being spayed or neutered.
He is suggesting that the BCC needs to be very careful because this
budget can easily expand dramatically.
Chris LeSage, Animal Control Board member,
addressed the Board to state there are several good recommendations from SCPALS
that the Animal Control Board is considering.
What they want to know first is if they spend the amount of time to
develop the recommendations for the BCC to approve, is it a reality to have
those funds earmarked.
Commissioner Morris stated the BCC needs to
know what the Animal Control Board agrees or disagrees with in the SCPALS
report.
Upon inquiry by Commissioner Henley, Mr.
Wittmer said he sees staffing as the #1 need.
He said the spay/neuter clinic is something they would like to see, but
it is not cheap.
Commissioner Van Der Weide said he thinks
they all support the idea, but the normal process is for staff to suggest
something that should be funded and the County Manager is in charge of the
budget process.
Mr. Grace said his preference is to do what
Commissioner Morris suggested. This is
before the Board today because the Animal Control Board requested it. He understands the Board will need the
Animal Control Board and staff recommendations.
Chairman McLain said he thinks that is the
right process and it will be dealt with during the next budget process.
The Board discussed the spaying/neutering
of animals up to four months.
Chairman McLain said he thinks one
recommendation they should consider is should the County provide certificates
for services done at the Humane Society.
He thinks there are other opportunities to consider and other options
other than the County building its own spay/neuter facility.
Commissioner Henley discussed the pet
licensing revenue. Mr. Wittmer said
there is not enough staff to send out reminders and he thinks people forget
they need another license. He would like
to look at doing a more aggressive licensing program. He said they will be bringing that back to the Board.
Commissioner Henley said that seems like
something an intern could do.
Commissioner Morris said all of these could
be considered. He said the Board wants
to try to fund the needs. He asked
staff to make recommendations and tell the Board the capital versus program
needs.
Commissioner Henley said they might need to
step up advertising on TV about the pet licensing.
Chairman McLain said he wants the Animal
Control Board to evaluate the services and needs and make recommendations of
the things they think are important and prioritize those.
-------
Robert Adolphe, Environmental Services
Director, and Liz Block, Water Conservation Coordinator, addressed the Board to
seek direction on the development of a Potable Water Budget Ordinance and
Manual that requires Land Development Code changes.
Ms. Block showed a PowerPoint presentation
(received and filed) on the topics of The Dilemma and The Proposed Solution.
Commissioner Morris discussed that the ordinance
would be enforceable by law. He said he
thinks they are getting too far down the road.
Mr.
Grace said this would be designed to take place during construction, but staff
doesn’t plan to knock on homeowners’ doors to say they are 10 gallons over.
Commissioner
Morris commented that the way to motivate peoples’ behaviors is to motivate by
economic factors. The cost of the
product is what drives its availability and use. Now they are going to do something a little bit further.
Chairman McLain pointed
out the six options are the ones in line as far as design of new development to
hopefully restrict the use to under the 350 gallons per day.
Ms. Block continued the
PowerPoint discussion of the Potable Water Budget Manual: Options.
Mr. Adolphe said
actually one of the alternatives is to use shallow wells. He said if 60 to 70% of the water is going
outside on irrigation, that is what they should target.
DCM Don Fisher
addressed the Board to state staff is looking for the Board’s blessing to
propose Land Development Code regulations that establishes the creation of a
policy manual that has water management options. Both of these would come back to the Board.
Commissioner Maloy said
he thinks staff needs to meet with the industry to get their input on
this. He thinks it is important to make
sure they have something that works. He
understands the HBA (Home Builders Association) is more than willing to work
with the County.
Mr. Fisher explained
that this creates options and the builder can pick one or two. This is proposed for the design phase. Now they are just talking about planned new
development.
Commissioner Henley
said he thinks staff is moving in the right direction in trying to come up with
something that is workable. If they
move in this direction, the developer will not have an option not to address
water usage. They are giving him some
options to pick and choose, but he does not have the option to do nothing. Down the road, they will have more
problems. He would like to see the
Board tell staff to go ahead and move forward and bring something concrete
back.
Chairman McLain said he
believes the HBA is going to work with the County on this. He thinks they are wise enough to understand
for them to continue to build quality houses, they will have to address the
water usage.
Commissioner Henley
said he thinks it is important to let the municipalities know what the County
is doing and why.
-------
The Chairman recessed the meeting at 12:00 noon,
reconvening at 1:31 p.m., with all Commissioners 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.
Motion
by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the
filing of the proofs of publication for this meeting’s scheduled public
hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST
TO VACATE & ABANDON,
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request to vacate and abandon that portion of the public right-of-way known
as Banana Lake Road consisting of .107 acres located south of CR 46A (Paola
Road) at the southern end of Banana Lake Road and northeasterly of AAA Drive,
Lonnie N. Groot, Esq./representative for Seminole Community College, received
and filed.
Planner,
Cynthia Sweet, addressed the Board to present the request, advising the vacate
is needed to consolidate the parcels owned by SCC in order to develop a campus
within the Heathrow International Business Center. She said the staff has determined that the vacate will allow the
applicant to improve the property boundaries to better meet the Land
Development Code; therefore, staff recommends approval.
Attorney
Lonnie Groot, representing SCC, addressed the Board to advise he will answer
any questions the Board may have.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
District
Commissioner McLain recommended approval with staff comments.
Motion
by Commissioner Maloy, seconded by Commissioner Morris to adopt appropriate
Resolution #2004-R-193, as shown on page _______, vacating and abandoning that portion of the public right-of-way known
as Banana Lake Road consisting of .107 acres located south of CR 46A (Paola
Road) at the southern end of Banana Lake Road and northeasterly of AAA Drive,
as described in the proof of publication, Lonnie N. Groot, Esq./representative
for Seminole Community College.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO VACATE &
ABANDON,
SUNCOR COLONIAL PROPERTIES,
LTD.
Proof of publication, as shown on page
_______, calling for a public hearing to consider a request to vacate and
abandon a 30-foot by 186.50-foot portion of the unimproved Williams Avenue
right-of-way, Suncor Colonial Properties, LTD., received and filed.
Planner, Denny Gibbs, addressed the Board
to present the request, advising the vacate is being requested in order to
create one building site for commercial development. With the combination of the Suncor properties, this right-of-way
is no longer needed for access and the vacation of this portion will not hinder
access to any other parcels. She
further advised that there are no objections from the applicable utility
providers. Therefore, staff recommends
approval.
Jerry Williams, area resident, addressed
the Board to express his concern with the applicant possibly putting in a
retention pond next to his property. He
said he is afraid if a retention pond is put in, his house could be
flooded.
Ms. Gibbs explained that retention ponds
are designed to accommodate large storms and she does not think it is something
that would threaten the area. She added
that she does not know if the County or the City of Sanford will be reviewing
the site plan.
Commissioner Morris stated staff can flag
this and if the site plan comes through the County, this issue can be
addressed; or if the site plan goes through the City, staff can send their
comments to the City.
Debra Williams addressed the Board to
question if a retention pond is put in, who will maintain it. She also stated she would like to find out
what type of development will be constructed.
Bob Horian, Suncor Colonial Properties,
LTD., addressed the Board to advise they currently own over 12 acres and their
plan is to create a mixed use residential and office. He stated he does not know yet where the pond will be located,
but there is a pop off to the canal that is maintained by the County. He added that they will take care of the
maintenance.
No one else spoke in support or in
opposition.
District Commissioner McLain recommended approval.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-194, as
shown on page _______, vacating and abandoning a 30-foot by 186.50-foot portion of the unimproved Williams
Avenue right-of-way, as described in the proof of publication, Suncor Colonial
Properties, LTD.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Morris advised during their meeting last night, the Board of Adjustment granted
a special exception for a communication tower on the east side of Van Arsdale
Street (Gary & Elizabeth A. Lashinsky).
He said he would like to pull that up to the BCC for review.
Motion
by Commissioner Morris, seconded by Commissioner Henley to bring the request for
a special exception for a communication tower on the east side of Van Arsdale
Street (Gary & Elizabeth A. Lashinsky) before the BCC at a public
hearing.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain advised of receipt of a letter from the applicant for Item #48, Appeal
of the Board of Adjustment’s denial for a Special Exception, Bob
Chopra/Wireless Facilities/Cingular Wireless, LLC, for a continuance. He stated they are requesting a continuance
until December 14, 2004; however he would recommend continuing it until the
next BCC meeting on November 9, 2004.
Commissioner
Morris stated he would support continuing the item to November 9, 2004.
The Board directed staff to notify
interested parties that Item #48 scheduled for tonight’s meeting will be
continued to November 9, 2004.
DISTRICT COMMISSIONERS’
REPORTS, CONTINUED
Motion by Commissioner
Morris, seconded by Commissioner Van Der Weide to appoint Rosalyn Guzman to the
Disability Advisory Council for a two-year term ending January 2007.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
County
Manager, Kevin Grace, distributed information (received & filed) relative
to Commissioner McLain’s request to be an event sponsor for the Winter Springs
Holiday Festival in the amount of $5,000.
The Board
requested Mr. Grace provide more information as to who is the sponsor, where
the money is going and if there will be a charge to the public.
-------
Mr. Grace
requested approval for emergency maintenance on Mullet Lake Retreat Road due to
a washout situation.
Motion by Commissioner
Morris, seconded by Commissioner Henley to authorize emergency maintenance on
Mullet Lake Retreat Road.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Mr. Grace
requested approval of the funding agreement with the SJRWMD for the Econ
Wilderness area.
Motion by Commissioner
Maloy, seconded by Commissioner Henley to authorize the Chairman to execute
Funding Agreement, as shown on page _______, with the St. Johns River Water
Management District for the Econ Wilderness area.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Mr. Grace
discussed the proposed Seminole County Charter Amendment, advising the City of
Longwood is in the process of sending out a letter to their citizens, which
contains erroneous information. He
stated he sent a letter to Longwood pointing out the inaccuracies and asking
them to not send the letter out. He said
he has not received a response. He,
therefore, requested Board authorization to do a special mailing to those
residents countering the City’s letter.
He further said that mailing will probably cost more than what the Board
previously approved. Copies of letters
from the City of Longwood and City of Casselberry were received and filed.
Commissioner
Morris agreed that the Longwood letter is full of outrageous
misstatements. He said the government
agency is misinforming their voters and he believes the County needs to
respond.
Commissioner
Henley stated he supports the County Manager sending out a letter to those
cities that are misinforming their residents.
Mr. Grace
stated if there are no objections, he will have a response letter ready to mail
out on Thursday of this week and will run it by the Chairman. He further stated that he has authority of
moving money up to $25,000 to pay for this.
The Board voiced no objections.
The following Communications and/or Reports
were received and filed:
1.
Copy of
memorandum dated 10/1/04 to Sandy McCann, Commission Records, from Becky
Noggle, Environmental Services, re: Submission into County Records.
2.
Letter dated
9/30/04 (with attachment) to Chairman McLain from Tricia Johnson, Orlando
Regional Heathcare, re: ORHS Storybook.
3.
Letter dated
10/11/04 to Chairman McLain from Diane Pickett Culpepper, Bright House
Networks, re: new free Digital Cable service, Favorites on Demand.
4.
Letter dated
10/5/04 to Chairman McLain from Mandy Maloy, FAMU College of Law, re:
International Criminal Law Seminar panel discussion on the U.S. role in Iraq.
(cc: BCC, County Managers, County Attorney)
5.
Letter received
10/13/04 (with attachment) to Chairman McLain from Tricia Johnson, Orlando
Regional Healthcare, re: addition of new Siemens MRI Unit and Endoscopy Suite.
6.
Letter dated
9/30/04 (with attachment) to Chairman McLain from John Saboor and Doug Barclay,
Central FL Sports Commission, re: September activity report.
7.
Copy of letter
dated 10/8/04 to Governor Jeb Bush from Mary Kay Cariseo, FL Assoc. of
Counties, re: appreciation of federal cost sharing following hurricane
disasters.
8.
Notice of
10/26/04 Orange County/UCF Campus Development Agreement public hearing.
9.
Letter dated
10/11/04 (with attachment) to Chairman McLain from Gary Earl, Workforce Central
FL., re: New Business Model Award-Honorable Mention to Workforce Central FL by
the U.S. Dept. of Labor Employment & Training Administration.
10.
Letter dated
10/7/04 to BCC from Suzanne Allen re: storm debris site near Village of Sutters
Mill.
11.
Notice of
10/20/04 Seminole County Port Authority (SCOPA) meeting.
12.
Copy of form
letter dated 10/5/04 to Seminole County Voters from Kevin Grace, County
Manager, re: ballot referendum, Amendment to Seminole County Home Rule Charter
for Urban/Rural Boundaries.
13.
Copy of letter
dated 10/10/04 to Bob Adolphe, Environmental Services Director, from Nancy
Gildersleeve, Gayle Howell, Richard Hyde, Michael Salvatore and Walter Stesney,
Tuska Ridge HOA, re: sewage back-up from lift station.
14.
Copy of
memorandum dated 10/21/04 (with attachment) to Trails Advisory Committee from
Engineering/Special Projects Team re: future trail funding program and
projects.
15.
Copy of letter
dated 10/12/04 to Congressman John Mica from Chairman McLain re: Federal
Highway Administration Emergency Relief (ER) Fund for Hurricanes.
16.
Letters
(various dates) to BCC re: appreciation for debris collection and recovery
effort following hurricanes from: William Friedman; Jeremy Smith; and Da-In
Park.
17.
School
Highlights, 10/19/04 edition, from The School Board of Seminole County.
18.
Copy of letter
dated 10/14/04 (with attachment) to Governor Jeb Bush from Kirby B. Green,
SJRWMD, re: FY 2004-05 Florida Forever
Work Plan Annual Update.
19.
Letter dated
10/15/04 to Chairman McLain from Diane Pickett Culpepper, Bright House
Networks, re: free “All PAK” preview for Digital or High-Definition service
customers.
20.
Notice of
10/20/04 Sanford Waterfront Master Plan Steering Committee meeting.
21.
Memorandum
dated 10/15/04 (with attachment) to Chairman McLain from Harry Barley,
MetroPlan Orlando, re: Florida “Street Smarts” Bike Safety Guide.
22.
Parks/Recreation
Contracts, as shown on page _______, for the following: Slow-pitch Softball
Scorekeepers (Arlene M. Dalton and Conner Renshaw) and Slow-pitch Softball
Umpire (Ramon Candelaro).
23.
Notice of 10/21/04
Seminole County Public Safety Coordinating Council meeting.
24.
Copy of
memorandum dated 10/15/04 to Sandy McCann, Commission Records, from Becky
Noggle, Environmental Services, re: Submission into County Records.
25.
Copy of letter
dated 10/19/04 to Animal Services from Abby Abelowitz re: appreciation for
service rendered her animals at the Lyman High School pet-friendly hurricane
shelter.
26.
Copy of letter
dated 10/18/04 to Suzanne Allen from David Gregory, Solid Waste Manager, re:
vegetative debris staging site near Dike Rd.
27.
Notice of
revised 10/25/04 City of Winter Springs Community Development Dept. public
hearing-annexation re: 1740 Deleon St. (cc: BCC, County Managers, County
Attorney, Planning Manager, Elections Supervisor, Property Appraiser)
28.
Notice of
10/25/04 City of Casselberry public hearing-annexation re: property on north
side of Howell Branch Rd. near SR 436. (cc: BCC, County Managers, County
Attorney, Planning Manager, Elections Supervisor, Property Appraiser)
29.
Letter dated
10/15/04 to BCC from Jane Greydick re: opposition to Oviedo cell tower. (cc:
BCC, County Managers, Planning Manager)
30.
Notice of
10/25/04 City of Sanford public hearing-annexation re: property between
Holloway Ct./Vihlen Rd. and New Upsala Ln./Upsala Rd. (cc: County Manager, Planning
& Development Director, Planning Manager, Elections Supervisor, Property
Appraiser)
31.
Memorandum
dated 10/22/04 (with attachment) to BCC from Kevin Grace, County Manager, re:
Capital Project Fund transfer, $131,921 for Jail Security System.
32.
Copy of letter
dated 10/22/04 (with attachment) to John Drago, Longwood City Manager, from
Kevin Grace, County Manager, re: Charter Amendment/Rural Boundaries.
33.
Letter dated
10/21/04 to Chairman McLain from Bill Raley and Sophia O’Keefe, Progress
Energy, re: hurricane damage recovery.
34.
Letter received
10/22/04 (with attachment) to Chairman McLain from Kate R. Landis re: concerns
of possible Sunshine Law violations by the Seminole County School Board.
35.
Fax dated
10/22/04 to Commissioner Henley from Peggy Green re: Seminole Chronicle
newspaper article of 8/13/04 re: Big Oaks Ranch, Chuluota.
36.
Notice of
11/9/04 Seminole County Expressway Authority meeting.
37.
Memorandum
dated 10/12/04 (with attachment) to BCC from Donald L. Jernigan, Florida
Hospital, re: State constitutional amendments on the 11/2/04 ballot concerning
health care issues.
38.
Press release
for 11/10/04 Volusia County Transportation Disadvantaged Local Coordinating
Board (TDLCB) public hearing.
39.
Orlando/Orange
County Convention & Visitors Bureau 10/04 edition of Orlando newsletter.
40.
Copy of letter
dated 10/20/04 (with attachment) to Kevin Grace, County Manager, from Sandra S.
Glenn, ECFRPC, re: 2004-05 Annual Assessment.
41.
Letter dated
10/19/04 to Chairman McLain from Linda Gregory and Jim Berko, Seminole Community
Mental Health Center, Inc. re: 2004/05 Community Service Agency funding.
COUNTY ATTORNEY’S REPORT,
CONTINUED
Assistant
County Attorney, Steve Lee, addressed the Board to advise he appeared before
the Winter Springs Commission last night to speak on behalf of the County with
regard to the Rook property annexation.
He stated that in his opinion, the City did not meet the intent of the
Statutes with regard to notification; therefore, he recommended the Board
authorize his office to appeal the annexation.
He said he feels this is an abuse of the annexation process and added
that the property is located in the proposed rural charter amendment area. Discussion ensued.
Motion by Commissioner
Maloy, seconded by Commissioner Henley to authorize the County Attorney to
appeal the City of Winter Springs annexation of the Rook property.
Districts
1, 2, 3, 4 and 5 voted AYE.
County
Attorney, Robert McMillan, advised the City of Winter Springs did file suit
with regard to the proposed Charter Amendment for the rural area. However, the Judge has ruled that the
election will go forward and a hearing date has been set for November 16,
2004. He also advised that the County
may also be sued by the City of Casselberry and if that occurs, he will
determine how to consolidate the suits.
Mr. Grace
advised he received a letter from the City of Casselberry invoking the dispute
resolution concerning this matter.
Motion by Commissioner
Maloy, seconded by Commissioner Morris to give the County Manager the authority
to waive the dispute resolution process with the City of Casselberry with
regard to the proposed Charter Amendment for the rural area.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The
meeting was recessed at 2:25 p.m., reconvening
at 7:00 p.m., this same date, with all Commissioners (with Commissioner Henley
entering late) and all other Officials, with the exception of Deputy Clerk
Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at
the Opening Session.
Continuation of a public hearing to
consider an Appeal against the Board of Adjustment’s decision to deny a request
for a Special Exception to establish gasoline pumps as an accessory use to a
convenience store in the PUD (Planned Unit Development) located on the
southeast corner of the intersection of Tuskawilla Road and SR 426, as
described in the proof of publication, Micah Savell, Trinity Capitol LTD.
Francisco Torregrosa, Planning, addressed
the Board to state after consulting with the County Attorney’s office and
reviewing documents pertaining to the zoning history of this property, staff
has determined that the developer commitment agreement prepared and signed by
the applicants, following a partial rezoning of the PUD during the March 12,
2002 meeting, is in disagreement with the prepared staff report and the
statements made during that meeting.
This document excludes commercial uses, which were allowed by a previous
development order approved in 1990, and neither the applicant nor staff
requested that the permitted uses be removed on the commercial tracts. Staff’s report, during the 2002 rezoning
hearing, states that in the commercial tract allowable uses would be as
permitted in the C-1 district with additional uses being car washes, gasoline
pumps and drive-thru restaurants.
Therefore, staff believes that the proposed use of gasoline pumps
accessory to a convenience store should be a permitted use in this PUD, thus a
special exception would not be required.
Unfortunately, the signed Developer’s Commitment Agreement and approved
final Master Plan submitted by the applicant in 2002 did not contain language
that specified any of these additional uses as permitted in the PUD. This discrepancy was discussed with the applicant
and he was advised to either (1) Apply
to amend the PUD to reinsert the original uses or (2) Apply for a special
exception. The applicant chose to
apply for the latter. The Board of
Adjustment (BOA) unanimously denied the applicant’s request. The BOA based their decision on the
potential of the proposed development to adversely impact the public interest
by creating a cut-through path along the service drive of the proposed
convenience store. They felt the result
would be the avoidance of the traffic signal at Tuskawilla and SR 426 and the
subsequent generation of undue traffic adjacent to the existing townhomes. Staff recommends approval of the request
based on their findings with conditions.
At the request of Commissioner Maloy, Mr.
Torregrosa reviewed the permitted uses in the PUD that were approved in
1990. He stated it was rezoned in 2002
from PUD to PUD to allow the townhomes to be there. He also reviewed the uses that were not allowed in the PUD. He stated in the second one there was not a
list of prohibited uses for C-1 zoning.
Mr. Torregrosa informed Commissioner Maloy
that the applicant signed the development order in 2002 with no reference to
gas pumps and that right was given up.
He stated Mr. Daly made comments during that hearing that “none of the
conditions regarding commercial property will be changed from the existing
PUD.”
Upon inquiry by
Chairman McLain, Mr. Torregrosa advised during the rezoning hearing, it was not
the applicant or staff’s intent to remove those permanent uses. He read a statement in the DRC comments of
what should be included in the development order.
Upon inquiry by Commissioner Maloy, Robert
McMillan, County Attorney advised when the master plan came the comments on the
plan did not reference the gas pumps and they were included in the development
order. Gas pumps are a special
exception in C-1 zoning and staff suggested that the applicant could apply for
an amendment to the final master plan or they could apply for a special
exception. The applicant chose the
special exception and the BOA denied it.
Tom Daly, Daly Design Group, addressed the
Board to display a copy of Development Order #90-0796 (received and
filed).
Commissioner Henley entered the meeting at
this time.
Mr. Daly continued by stating the original
Development Order #90-0796 indicates that gasoline pumps, car wash and
drive-through restaurants shall be permitted east of Central Drive. It also states that no bars, lounges,
taverns, billiard parlors or other establishments devoted primarily to serving
alcoholic beverages shall be permitted on the entire property. He displayed a copy of the Conceptual Site
Plan for Trinity Retail Center and staff’s report (both received and filed) and
stated that staff’s report indicates that allowable uses would be permitted in
the C-1 district with additional uses being car washes, gasoline pumps and
drive-thru restaurants. He reviewed the
prohibited uses. He stated in his
presentation to the Planning & Zoning Commission, he indicated that they
are proposing to maintain the two current commercial outparcels with the
previously approved uses. He stated he
indicated at the BCC meeting that none of the conditions regarding commercial
property would be changed from the existing PUD. He submitted a copy of the minutes (received and filed) referring
to these issues. He displayed a copy of
the signed Development Order #1-20000027 (received and filed) and stated of the
25 conditions that were approved, two indicate that “parking spaces of 9½ ft.
in width shall be permitted on the commercial parcels only,” and “Commercial
lots shall be subject to active/passive buffer standards on their south
property line.” This signed development
order is completely silent on the commercial uses and prohibited uses. He stated this is a plan that has a
scrivener’s error on it and they have a development order that doesn’t state
any uses. He said he feels that his
company made a scrivener’s error relative to the plan and staff didn’t include
any of the prohibitions.
Upon inquiry by Chairman McLain, Mr.
McMillan advised bars could be included on the property if it is not prohibited
in the development order. He stated the
one issue here is what did the Board approve during that hearing.
Upon further inquiry by Chairman McLain,
Mr. McMillan advised if this is not cleared up tonight, the applicant has the
right to put those restrictive uses in because it is not in the development
order. He stated he believes the
appropriate way to handle this is to put those in as a condition to the special
exception. The original recommendation
is to amend the final master plan.
Mr. Daly stated their contract purchaser
took this through the process and after discussing with staff, they felt that
the DCA route would be appropriate.
Upon inquiry by Commissioner Maloy, Mr.
Daly advised he did not attend the BOA hearing and he doesn’t believe that was
brought up at that hearing. He stated
what he would like to do is to resolve this matter on the development order by
looking at it as a scrivener’s error.
He said if they can get through this hurdle, then he is willing to make
commitments to the proposed conditions relative to landscaping and
lighting.
Upon inquiry by Commissioner Maloy, Mr.
Daly advised he would like approval of the gas pumps this evening, but clarify
that the car wash or drive-thru restaurants would be permitted uses. He stated he doesn’t agree with the
restrictions regarding the hours of services as recommended by staff.
Upon inquiry by Commissioner Morris, Mr. Daly
advised what he is trying to do is reestablish the rights they thought they had
when the original development order was approved. He is willing to discuss some of the conditions placed on the gas
station when it was presented during the DCA.
Upon inquiry by Commissioner Morris, Mr.
McMillan advised he believes the Board can grant a special exception with
conditions but they are making it like a PUD amendment. Obviously it was an oversight and the record
does not show that it is an oversight.
The motion was to adopt the development order submitted to the Board by
staff with additional conditions added to it.
Once the document is signed, that is the zoning of the property. Hopefully, staff and the property owner
reviewed it to determine if it is accurate.
Once the document is signed, all the negotiations and discussions are
not evidences any more. If the Board is
convinced that it was their intent at that time, they can cure part of it by
granting the special exception for the gas pumps. The better way to do this was to do a PUD amendment.
Commissioner Morris stated he would be
curious to see what the District Commissioner’s intent was at that time. He stated he feels that since the applicant
is applying for a special exception, he is altering the original action taken
by the Board.
Mr. McMillan stated the applicant applied
for a special exception and the BOA denied it.
This Board must make a decision on this issue. One of the options that was given to the applicant was to
withdraw the appeal and then apply for the amendment or proceed with the
appeal. The Board can encourage them to
come back and do a PUD amendment.
Mr. Daly stated there was an original
scrivener’s error on this particular development order and staff informed them
that it needed to be modified.
Upon inquiry by Commissioner Henley, Don
Fisher, Deputy County Manager, addressed the Board to state he believes the
Planning Manager reviewed certain excerpts from different portions of different
meetings, but he doesn’t know if he watched the entire hearing. Staff came to the conclusion that a final
master plan and development order did not list these as permitted uses. The Board acted on that with no conditions
or caveats. From staff’s standpoint,
this is a legitimate appeal of a special exception. He stated he would recommend the Board consider this matter
tonight and staff will process any amendment in the proper form to clean up the
permitted uses that need to take place and bring it back to the Board at a
later date in a different process.
Rebecca Martin Easterly, Ashford Townhomes,
addressed the Board to state during the time of negotiations with Centex Homes,
she was clearly told that the area behind her would remain a green area. She stated she is aghast of what the Board
is about to do with this. She asked why
would the Board say OK to gas pumps when it wasn’t written in the master
plan. She said she doesn’t want them in
her area. She asked the Board if they
would feel safe and secure in their neighborhood if they lived in this
area. She begged the Board to not sweep
this under the rug, but make them do their work.
Upon inquiry by Chairman McLain, Ms.
Easterly advised she understands there are development rights on this property
and it can be developed. She stated since
it was not written in the master plan, she would ask the Board not to put gas
pumps on this property. She added the
County Attorney has indicated that the Board shouldn’t amend that.
No one else spoke in support or in
opposition.
Speaker Request Form was received and
filed.
District Commissioner Maloy stated there
are two gas stations at the corner and he is not real thrilled having another
gas station. He said at the previous
meeting, he recalls that there were discussions relative to buffering next to
residential with townhomes. When the
Deep Lake issue came through, there were issues of C-1 and C-2 and it is closer
to residential. He stated Mr. McMillan
indicated that the cleanest way to do this is to amend the final master
plan. He said he feels this would be
the process of putting everything on the table relative to setback conditions
and additional uses.
Upon inquiry by Chairman McLain, Mr.
McMillan advised the fact that C-1 uses are allowed here, that specifically
would permit them coming in and asking for a special exception for gas
pumps. He stated tonight is the first
time he has heard that there were other uses that were supposed to be
prohibited and that broadens the issues.
Upon inquiry by Commissioner Van Der Weide,
Chairman McLain advised the other issues could be addressed if the applicant
voluntarily came back for an amendment to the master plan or goes through the
second process.
Mr. McMillan stated the Board could grant
the special exception with a condition that a final master plan amendment be
processed which reinstates the information in whole.
Commissioner
Maloy stated he would recommend upholding the BOA and allowing the whole issue
to come back as an amendment to the final master plan so that all the issues
can be addressed.
Upon inquiry by Commissioner Van Der Weide,
Mr. McMillan advised he is not sure if the Board can deny the request and then
direct the applicant to bring anything back.
He stated the Board might be able to grant the request and put a
condition on it. The Board can ask
staff to submit an administrative action of the PUD.
Chairman McLain asked if there are any
restrictions on the timeline for the applicant to request any changes if the
Board upheld the BOA and denied the request.
Mr. McMillan stated the applicant would be
limited to request another special exception for the same issue.
At the request of Chairman McLain, Mr.
Torregrosa reviewed the uses that were restricted on the prior development
order.
Mr. McMillan stated the development order
prohibits those but even without the prohibition, the majority of those would
require a special exception and they wouldn’t be permitted uses as of right.
Motion by Commissioner
Maloy, seconded by Commissioner Henley to uphold the Board of Adjustment, thereby,
denying the request for a Special Exception to establish gasoline pumps as an
accessory use to a convenience store in the PUD (Planned Unit Development)
located on the southeast corner of the intersection of Tuskawilla Road and SR
426, as described in the proof of publication, Micah Savell, Trinity Capitol
LTD.
Under discussion, Commissioner Maloy stated
he feels the character of that corner has changed a lot and this scenario is
unfortunate because it puts them in a bad situation. He said he believes the cleanest way to address this is go
through a PUD amendment.
Mr. McMillan informed Chairman McLain that
he would not define it as a scrivener’s error.
The development order is ambiguous within its four corners of the
documents and this one is not. What
they are saying is it does not reflect what they believe the intent was done
that night.
Commissioner Morris stated if they do come
back for a PUD amendment, he would like staff to review the tape of that
meeting for verification.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Appeal against the Board
of Adjustment’s denial of a (1) special exception to establish a 150 ft. tall
“ecclesiastical” camouflage communication tower in the A-1 (Agriculture
District); and (2) associated variances from 450 ft. to 350 ft., 450 ft. to 250
ft., 450 ft. to 237.4 ft., and 450 ft. to 300 ft. to reduce the minimum
separation distance required between a proposed 150 ft. tall “ecclesiastical”
camouflage communication tower and properties with single-family residential
dwellings, Bob Chopra/Wireless Facilities/Cingular Wireless, LLC, received and
filed.
Chairman McLain stated staff received a
letter from the applicant requesting a continuance to December 14, 2004 at 7:00
p.m. He stated he discussed this with
the County Attorney and he has no objections to the request. He recommended continuing this item to
December 14, 2004.
Motion by Commissioner
Henley, seconded by Commissioner Van Der Weide to continue to December 14,
1004, at 7:00 p.m., or as soon thereafter as possible, an Appeal against the Board of Adjustment’s
denial of a (1) special exception to establish a 150 ft. tall “ecclesiastical”
camouflage communication tower in the A-1 (Agriculture District); and (2)
associated variances from 450 ft. to 350 ft., 450 ft. to 250 ft., 450 ft. to
237.4 ft., and 450 ft. to 300 ft. to reduce the minimum separation distance
required between a proposed 150 ft. tall “ecclesiastical” camouflage
communication tower and properties with single-family residential dwellings, as
described in the proof of publication, Bob Chopra/Wireless Facilities/Cingular
Wireless, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
Gloria Wade, 120 N. Fairfax Ave., addressed
the Board to state she wrote to the Board on September 29, 2004 and she is here
on behalf of the Protectors of Companion Animals. She said she has no connection with the Task Force. She stated the County did a wonderful thing
when they placed a mandate that an animal must be spayed or neutered before
they are adopted. There are so many
other things that need to be done at that facility.
Chairman
McLain stated the Board discussed this item this afternoon and they directed
the Animal Control Board to do a complete evaluation of that facility and to
submit their recommendations on what things need to be done. They will report to the Board sometime next
year so it will be discussed during their Budget work sessions for 2005.
Commissioner
Morris stated the process doesn’t move as fast as the citizens would like. He stated the Board has asked the Animal
Control Board to review and come back with a priority listing and cost analysis.
Speaker
Request Form was received and filed.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 7:45 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
cc/slm/er