BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 11, 2001
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, December 11, 2001, 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)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Absent: Commissioner Carlton Henley (District 4)
The Invocation was given by Ray Richardson of the Boy’s Ranch. Mr. Richardson distributed coupons for Christmas trees, advising as a fundraiser, the Boy’s Ranch is selling trees this year on Aloma Avenue.
Sanford City Manager, Tony VanDerworp, led the Pledge of Allegiance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and authorize the following:
1. Approve mediated settlement relating to Parcel Numbers 143 and 743B,
Meixsell property, for the County Road 427, Phase III road improvement project
located at 1746 Wingfield Drive, Longwood, in the amount of $425,000.00 and
conveyance of the adjacent parcel (formerly Tradd) property by County
deed. The
settlement is inclusive of all land, severance
damage, statutory interest, attorney fees and expert costs, excepting one
expert appraisal fee.
2. Approve proposed settlement relating Parcel Numbers 139.5/739.5, with
regard to Seminole County v. Sanford Court Investors, Ltd. (Hancock Co.,
Inc./Mohammed Deis tenants), for the Sanford Avenue road improvement project,
located at the corner of Sanford Avenue and Airport Boulevard, the amount of
$310,000.00, inclusive of all claims for attorneys' fees and costs.
Districts
1, 2, 3 and 5 voted AYE.
Assistant County Attorney, Steve Lee, addressed the Board to advise the Legislative Session is over and the Legislature left alone the County Medicare funding, as well as the other costs that they had been trying to shift to the County. He further advised he has asked the County’s lobbyist, Bobby Brantley, to give an update to the Board at the January 8, 2002 meeting.
The Board was advised that Item #31, Amended Interlocal Agreement with the City of Winter Springs relating to the Cross Seminole Trail, has been pulled from the agenda.
Mr. Grace advised that the amount on Item #16, BCR #02-21, should be $1,200 instead of $1,500.
At the request of Commissioner Morris, Mr. Grace advised that he will brief each Commissioner on Item #31.
Commissioner Maloy pointed out that the amount on Item #21 should be $210,000 instead of $300,000.
Upon inquiry by Commissioner Van Der Weide, Traffic Engineer, Melonie Barrington, addressed the Board to advise there is no cost to the County with regard to Item #36, Signage Agreement with the Sabal Point property owners.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve
and authorize the following:
7. Approve and
authorize Chairman to execute Resolution #2001-R-218, as shown on page
__________, to ratify issuance by the Orange County Housing Finance Authority
of Homeowner Revenue Bonds, Single Family Revenue Bonds, Draw Down Bonds
Series, on behalf of Seminole County.
8. Approve and
authorize Chairman to execute Resolution #2001-R-219, as shown on page
__________, to ratify issuance by the Orange County Housing Finance Authority
of multi-family mortgage revenue bonds for Camelot Club Apartments; Resolution
#2001-R-225, as shown on page ________, for Stratford Club Apartments; and
Resolution #2001-R-226, as shown on page _______, for Fox Chase Apartments, on
behalf of Seminole County.
9. Approve proposed
depreciation methods used for financial reporting in the Comprehensive Annual
Financial Report. Changes in reported
depreciation are required by the new Government Accounting Standards Board
(GASB) Statement No. 34.
12. BCR #02-15 – $43,790 – Planning & Development – Administration – Fund: 11901 – CDBG fund. To transfer funds to allow the Community Development Office to work directly with the Code Enforcement Office and the County’s contracted demolition company to demolish and clear nine (9) lots in accordance with the County’s SHIP Housing Reconstruction Strategy.
13. BCR #02-16 – $2,260,000 – Public Works – Engineering – Funds: 11500 – Infrastructure Tax Fund and 12604 – East Collector Impact Fee fund. Additional funds outside of the road construction line are necessary for the bid award of C.R. 419, Phases I and II. Funds are available in the project’s land account line and in transportation reserves.
14. BCR #02-17 – $122,821 – Environmental Services – Water & Wastewater – Fund: 40104 – Debt Proceeds 1999 fund. Transfer requested to complete unanticipated additional work on Lake Hayes WTP improvements project. Work includes an enlarged door opening, modifications to 16” discharge manifold, and additional electrical controls, water main work and engineer/electrical engineer CEI services.
15. BCR #02-19 – $70,000 – Public Works – Stormwater – Fund: 13000 – Stormwater fund. The construction bid for the Howell Creek Erosion Control Project exceeds the budgeted amount. Funds are available from another project (Red Bug Outfall) within the Middle Basin.
16. BCR #02-21 – $1,500 – Tourism Development – Fund: 11000 – Tourism Fund. The fax machine needed by this department was inadvertently omitted in the budget for FY 01/02.
17. BCR #02-23 - $310,000 – Public Works – Fund: 10101 – Transportation Trust Fund/11500 – Infrastructure Tax Fund. Reconstruction program to advance funding for the road rehabilitation portion of the Lake Way Road project; and utilization of current budget funds from the Countywide Safety/Railroad crossing program to advance funding for the Lake Mary Boulevard Elementary School Circulation project are projects that are to be funded by the recently approved 1 Cent Sales Tax renewal. However, these projects need to proceed in December 2001 to take advantage of contractor availability and the school holiday closing. The current budget funds will be reimbursed by the 2001 Sales Tax once revenues begin to be received in April 2002.
18. Budget Amendment Resolution #2001-R-221, as shown on page ________, $373,371 – Planning & Development Department: 11901 – Community Development Block Grant fund. This represents CDBG funds anticipated for Midway infrastructure improvement projects completed FY 2000-2001.
19. Award PS-579-00/BJC Contract,
as shown on page _______, for construction engineering and inspection services
for C.R. 419 – Phases I and II, to Reynolds, Smith and Hills CS, Incorporated,
Plantation ($1,190,533.35).
20. Approve ranking list for
PS-5100-01/BJC – General Professional Consulting Services for Project
Development and Environmental Reevaluation of S.R. 434 – Edgewater Drive (S.R.
424) to Semoran Boulevard (S.R. 436) and Orange County Line to Semoran
Boulevard (S.R. 436), authorize staff to negotiate and award a Master
Agreement, as shown on page ________, to TEI Engineers & Planners, Lake
Mary (Not-to-Exceed $1,300,000.00).
21. Approve ranking list for PS-5101-01/BJC – Professional Services for the Design and Environmental Permitting Services for Cross Seminole Trail South – Phase I (Orange County to Mikler Road), authorize staff to negotiate and award an Agreement, as shown on page ________, to Dyer, Riddle, Mills & Precourt, Inc., Orlando (Not-to-Exceed $210,000.00).
22. Award RFP-4130-01/BJC – Master Agreements, as shown on page _________, for Miscellaneous Review Appraisal Services for Seminole County, to Clayton, Roper & Marshall, Altamonte Springs; Diversified Property Specialist, Inc., DeBary; and P.A.R.A.R.A. Inc., Deland (Not-to-Exceed $250,000.00).
23. Approve the Third Amendment, as shown on page _______, to RFP-450-98/BJC - County Physician, with Florida Physicians Medical Group d/b/a Newman Family Medicine (December 15, 2001 through February 28, 2002) (Not-to-Exceed $15,000.00)
24. Award A/B-3035-01/GG Contract, as shown on page ________, Roadway Landscape Maintenance to Millenium Lawn Maintenance & Landscape Design, Orlando (Primary Contractor) and Ameriscapes Landscape, Orlando (Secondary Contractor) (Not-to-exceed $1,338,830.99 for a five year period).
25. Approve and authorize Chairman to execute Interlocal Agreement, as shown on page ________, that provides for (1) statement of consent to the annexation of a lift station tract described as Tract “C” of Oviedo Crossing – Phase 1A; (2) assignment of land use and zoning; (3) the County to issue its own permits, if needed, for servicing and maintenance; and (4) authorization to Lowndes, Drosdick, Doster, Kantor & Reed to represent the County to facilitate the annexation.
26. Approve and authorize Chairman to execute Satisfactions of Mortgage, as shown on page ________, for down payment assistance under the SHIP Program's Home Ownership Assistance Program for Eric L. Hardman & Brandy Malouhos, Sean A. & Bridget L. Shore, Rosalina Carbone & Liza M. Perez, and Lionel L. Bass, Jr. & Charles Marvin Hollis, III.
27. Approve and authorize Chairman to execute Agreements, as shown on page ________, between Seminole County and selected Homeowners for the SHIP Housing Reconstruction Program.
Development
Review
28. Approve Final Plat for the Reserve 2 at Heathrow Subdivision located within the northerly portion of the Heathrow PUD on the south side of Markham Road, approximately ¾ of a mile west of Markham Woods Road (Joe Dobosh, Heathrow Land Company).
Districts
1, 2, 3 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
approve and authorize the following:
1. Expenditure Approval Lists, as shown on page ________, dated November 13, 20 and 27, 2001; and Payroll Approval List, as shown on page _______, dated November 22, 2001.
2. Chairman to execute the
following Satisfactions of Judgment/Bail Bond Liens:
Kimberly
Lynn Brigham, Case #01001239CFB - $1,038
Jason
Drew Winters, Case #01001105MMA - $5,038
Jason
Drew Winters, Case #01005180MMA - $538
3. Official Minutes dated
November 13, 2001.
Districts
1, 2, 3 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Resolution #2001-R-90, as shown on page ________, commending Kevin Spolsky for his services on the Natural Lands Committee, as approved by the Board on May 8, 2001.
2. Resolution #2001-R-48, as shown on page ________, commending Louis Joachim for his services on the Seminole County Historical Commission, as approved by the Board on March 13, 2001.
3. Work Order #4 to PS-590-01, as shown on page ________.
4. First Amendment, as shown on page ________, to Work Orders #7, #21 & #24 to PS-555-00.
5. Mutual Termination of Avel-Tech Software Maintenance Agreement M-206-00, as shown on page _________.
6. Development Order #2001-32000021, as shown on page __________, for the City of Sanford’s Special Exception request for a Thermo-System biosolids-reprocessing unit, as approved by the Board of Adjustment on July 23, 2001.
7. Addendum #1, as shown on page ________, to Oregon Trace PUD Developer’s Commitment Agreement dated April 25, 2000.
8. Hydrogeological Services Agreement M-284-01/BJC, as shown on page ________, with Connect Consulting, Inc., for Markham Regional Water Treatment Plant.
9. Bill of Sale, as shown on page _________, for Stonehurst Development Corp. for the project known as Stonehurst Phase 2.
10. Bill of Sale, as shown on page ________, for First Orlando Development Co., Inc. for the project known as Oregon Trace.
11. HUD Funding Agreement, as shown on page ________, as part of the Consolidated Action Plan approved by the Board on 7/24/2001.
12. Work Order #2 to RFP-4109-01, as shown on page ________.
13. Work Order #22 to FC-1139-00, as shown on page ________.
14. Work Order #33 to PS-543-99, as shown on page _________.
15. Appraisal Services Agreement M-285-01, as shown on page ________, with Florida Realty Analysts.
16. Audit Report #02-074 of the Seminole Community College District Board of Trustees Financial Statements.
17. Audit for the Seminole County Workers’ Compensation Program.
18. Environmental Site Assessment Agreement M-276-01, as shown on page ________, with EMS.
19. Consultant Services Agreement M-288-01, as shown on page _________, with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
20. Seminole County, Florida Limited General Obligation Bonds closing documents, as shown on page ________, as approved by the Board on 3/27/01.
21. Notice of Satisfaction of Connection Fees, as shown on page ________, relating to Conditional Utility Agreements with KBC Development.
22. Conditional Utility Agreements, as shown on page ________, for Water & Sewer Service with EDX Electronics, Inc.
23. Bids as follows: A/B-3035-01, RFP-4131-01, PS-5105-01, and PS-5108-01.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve
and authorize the Chairman to execute the Grant Application and associated
grant documents, as shown on page ______, for the Florida Department of Law
Enforcement Residential Substance Abuse Treatment (RSAT) Program, and
authorization to process grant documents.
Districts
1, 2, 3 and 5 voted AYE.
Commissioner
Morris left the meeting at this time.
Senior
Planner, Cindy Matheny, addressed the Board to present the Final PUD Master
Plan and Developer’s Commitment Agreement for Pointe at Lake Mary PUD, located
west of International Parkway and ¼ mile south of Wilson Road, PLM Associates,
Ltd.
Commissioner
Morris re-entered the meeting at this time.
Ms.
Matheny stated that one of staff’s concerns has been the pedestrian access to
Wilson Elementary School. She said the applicant
has submitted a letter indicating that they will address staff’s concern by
providing a pedestrian access to the north of the site and staff believes this
is acceptable. Therefore, they
recommend approval of the plan and agreement.
District
Commissioner McLain recommended approval.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve
the Final PUD Master Plan and Developer’s Commitment Agreement, as shown on
page _________, for Pointe at Lake Mary PUD, located west of International
Parkway and ¼ mile south of Wilson Road, PLM Associates, Ltd.
Districts
1, 2, 3 and 5 voted AYE.
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Ms. Matheny presented the minor revisions to the Final PUD Master Plan and Developer’s Commitment Agreement for ETOR Properties PUD, located south of Lake Mary Boulevard and west of Greenwood Boulevard, Suncor of Lake Mary Ltd. She advised the applicant proposes to construct a 3-story building with office and retail uses on the ground floor and condominium units on the second and third floors. Retail spaces would face to the north and east, where commercial uses already exist. Office uses would be oriented towards the existing apartment complex to the south. A total of 28 residential units would be located on the second and third floors. She said staff believes the request is an innovative concept, which meets the intent of the PUD zoning district and would recommend approval of the plan and agreement.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
approve the minor revision to the Final PUD Master Plan and Developer’s
Commitment Agreement, as shown on page _________, for ETOR Properties PUD,
located south of Lake Mary Boulevard, and west of Greenwood Boulevard, Suncor
of Lake Mary Ltd.
Districts
1, 2, 3 and 5 voted AYE.
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Planner Amanda Smith addressed the Board to present a minor revision to the Final PUD Master Plan and Developer’s Commitment Agreement for Colonial Town Park, located south of CR 46A and west of I-4, Bowyer-Singleton & Associates, Inc. She advised the current master plan permits hotels with a total of 420 rooms on Tracts “G” and “K”. The developer proposes to consolidate the hotels to Tract “F”, which is also approved for a mixture of commercial and restaurant uses. Tract “K”, adjacent to I-4 and CR 46A, would then be utilized for a 4 to 6-story office building. Tract G” would be utilized for a mixture of office, bank, commercial and restaurant uses. The request does not alter the allocated square footage for the proposed use and does not increase the number of hotel rooms. Staff feels that the request would not result in any adverse impacts to the surrounding area.
District
Commissioner McLain recommended approval.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
approve the minor revision to the Final PUD Master Plan and Developer’s
Commitment Agreement, as shown on page ________, for Colonial Town Park,
located south of CR 46A and west of I-4, Bowyer-Singleton & Associates,
Inc.
Districts
1, 2, 3 and 5 voted AYE.
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Director of Library & Leisure Services, Suzy Goldman, addressed the Board to request approval of the Shared Use Agreement for the Old Sanford Library Building with the City of Sanford. She advised it is her understanding that the City of Sanford approved this agreement last night in their meeting and has no problems with the provisions in it.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
approve and authorize the Chairman to execute the Shared Use Agreement, as
shown on page ________, for the Old Sanford Library Building with the City of
Sanford; and to approve transfer from the General Fund Reserves for the
County’s portion of window repair and repainting in the amount of $15,000 and shelving
installation expenses in the amount of $2,000.
Districts
1, 2, 3 and 5 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
authorize scheduling and advertising a public hearing to amend the Cable Television
Franchise Ordinance, Chapter 55 of the Seminole County Code.
Districts
1, 2, 3 and 5 voted AYE.
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Stormwater/Roads
Operation Manager, Mark Flomerfelt, addressed the Board to give a briefing on
the Mosquito Control Program. He
advised the main reason for the program established this year was because of
the health risks due to the West Nile Virus, Eastern Equine Encephalitis and
St. Louis Encephalitis. Currently, 55
of the State’s 67 counties are under medical alert and 11 human cases have been
reported in Florida. Elements of the
program are public education and year-round monitoring. During the months of March through October
larviciding will be conducted and during April through November adulticiding
will be done.
Mr.
Flomerfelt reviewed the proposed Comprehensive Program scope, advising a
program coordinator (new position) will be required for contract management,
public education, City/County coordination, and customer inquires. The annual estimated cost for the
Comprehensive Program is $900,000; for the Targeted Program is $605,000; and
for the Minimal Program is $460,000.
Commissioner
Maloy stated he is not in favor of creating a new position to manage the
contract; but, would be in favor of a minimal program.
Commissioner
Van Der Weide concurred, stating he does not support any new taxes.
Commissioner
Morris recommended a hybrid program, with spraying every two weeks for five to
six months to include aerial spraying of 15,000 acres and speciation and trap
counts.
Chairman
McLain stated the funding can be addressed during the budget sessions.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
establish a Minimal Mosquito Control Program consisting of spraying every two
weeks for five months, speciation and trap counts, and aerial spraying for
15,000 acres, in an amount of $505,000; and to address the funding during the
budget work sessions.
Districts
1, 2, 3 and 5 voted AYE.
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Director of Planning & Development, Don Fisher, addressed the Board to request authorization to transfer property to the City of Maitland for Stormwater Treatment Facility access only.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
authorize the fee-simple transfer by County Deed, as shown on page ________, to
the City of Maitland for property located on Kewannee Trail to be used solely
as access for a Stormwater Treatment Facility owned and operated by the St.
Johns River Water Management District.
Districts
1, 2, 3 and 5 voted AYE.
Chairman
McLain pointed out that Commissioner Henley was instrumental in working this
out.
At
the request of Commissioner Morris, Mr. Grace advised he will draft a letter
for the Chairman’s signature to the City of Maitland with regard to same.
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Director of Administrative Services, Jamie Croteau, and Support Services Manager, Meloney Lung, addressed the Board to request direction with regard to the Florida Power & Light Building located at 301 Myrtle Avenue, Sanford. Ms. Lung reviewed the history of the property, advising the County purchased it in 1994 for $290,000. A recent appraisal valued the property at $330,000. In August 2001, the Board declared the property surplus and bids were advertised. One bid has been received from Spolski Construction, Inc. offering $69,000 for the property.
Commissioner
Maloy questioned if the City of Sanford or the School Board has been contacted
about the property.
Ms.
Croteau advised staff looked at a land swap with the City of Sanford, but they
determined it would not work for the County’s needs.
Chairman
McLain stated that the Board needs to understand that there is a building on
the property that has to be demolished and the cost of doing that has to be
taken into consideration with evaluating the property.
Commissioner
Van Der Weide stated he believes the County is in a position where the building
has deteriorated to nothing and it is mind-boggling to him how this building
was allowed to deteriorate to this point where it has to be torn down. He added that this is not being good
stewards of the taxpayers’ money. He
added that the ex-Deputy County Manager saw fit not to maintain the building
because it was purchased over her objections.
Upon
inquiry by Commissioner Maloy, Purchasing Manager, Ray Hooper, addressed the
Board to explain how the bid was advertised.
Commissioner
Morris stated he believes Sanford did have a high level of interest in the
property. He said he understands what
the bidder, Kevin Spolski, is saying about the building, but stated it is
incomprehensible to release the property for the bid price of $69,000.
Mr.
Grace stated staff spent 60 days working on a proposed land swap, but the City
came to the conclusion that they could not provide the County with a piece of
property to swap.
Chairman
McLain stated it appears the Board is not prepared to make a decision on this
today and he would recommend continuing this until January.
Information
packet containing photographs of the building and property was received and
filed from Mr. Spolski.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
continue until the first or second meeting in January (at the County Manager’s
discretion), request for direction with regard to the Florida Power & Light
Building.
Under
discussion, Commissioner Morris stated he would like to see the appraisals on
this property.
Chairman
McLain suggested having the County’s Property Appraiser look at this property
for appraisal purposes.
Districts
1, 2, 3 and 5 voted AYE.
Planning
Manager, Matt West, addressed the Board to request direction with regard to the
rural lot splits and de minimis lot size waivers.
Commissioner
Morris stated this is a full-board item and suggested continuing it.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
continue until the first or second meeting in January discussion of the rural
lot splits and de minimis lot size waivers.
Districts
1, 2, 3 and 5 voted AYE.
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The meeting was recessed at 10:30 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners 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.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
authorize filing the proofs of publication for this meeting's scheduled public
hearings.
Districts
1, 2, 3, and 5 voted AYE.
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Chairman McLain introduced former Commissioner Sandra Glenn, Chief Executive Officer of the East Central Florida Regional Planning Council, who was in attendance.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Consolidated Street Lighting Ordinance, repealing Ordinance
#2000-54 adopted December 12, 2000, received and filed.
Jennifer
Bero, Fiscal Services, addressed the Board to request Board authorization to
adopt the Consolidated Street Lighting Ordinance as outlined in the agenda
memorandum. She stated this amendment
would add the following new districts with service: Lakeview, Isles of Shadow Bay, Sawgrass and Tucks Knoll. She stated the Sheriff’s Office has requested
that Roseland Park be included with the service.
John
Wright, 1141 First Dr., addressed the Board to state he lives in Roseland Park
and he would like to explain why he is in opposition to this request.
Upon
inquiry by Chairman McLain, Ms. Bero advised Mr. Wright’s additional annual
cost would be $17.75.
Commissioner
Morris recommended to Mr. Wright that he talk to the Tax Collector’s office to
see if there is a way he can defer his payments. He requested staff to explain to Mr. Wright what rights he has.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
approve Ordinance #2001-49, as shown on page _________, adopting Consolidated Street
Lighting Ordinance, repealing Ordinance #2000-54 adopted December 12, 2000, as
described in the proof of publication.
Districts
1, 2, 3, and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Resolution adopting the Uniform Method of Collection for Non-ad
Valorem Assessments pursuant to Florida Statutes, Section 197.3632, received
and filed.
Gail
Bigelow, Fiscal Services, addressed the Board to present request as outlined in
the agenda memorandum.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt
Resolution #2001-R-222, as shown on page ________, adopting the Uniform Method
of Collection for Non-ad Valorem Assessments pursuant to Florida Statutes,
Section 197.3632, as described in the proof of publication.
Districts
1, 2, 3, and 5 voted AYE.
The following Communications and/or Reports were “received and filed”:
1. Copy of the 2001-2002 Final Budget Book for the St. Johns River Water Management District, adopted by the Governing Board on September 26, 2001.
2. Copy of the Annual Report for Florida Development Finance Corporation (FDFC) for the year ending June 30, 2001.
3. Copy of letter to Administrative Services staff dated November 27, 2001, from Suzy Goldman, Library & Leisure Services Director for recent donation. (cc: Board)
4. Letter dated November 26, 2001, from Diane Pickett, Time Warner Cable, Re: Changes to the Time Warner cable television lineup as well as adjustments to current price schedules. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Cable Franchise Coordinator)
5. Memorandum dated November 28, 2001, from Tyra Miller, Administrative Director, Seminole County Property Appraiser’s Office Re: That Portion of the 17-92 Community Redevelopment District Within the Unincorporated Area of Seminole County; 2001 Final Increment Value with copies of memorandums to Mayors of Altamonte Springs, Casselberry, Lake Mary and Sanford Re: City’s 2001 Final Increment Value. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Fiscal Services Director, Capital Programs Analyst, City Clerks)
6. Copy of Memorandum dated November 28, 2001, from H.W. “Bill” Suber, Seminole County Property Appraiser, to Cindy Hall, Fiscal Services Director Re: DR 422-Final Certification of Taxable Value for 2001. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
7. Letter dated November 27, 2001, from Lonnie N. Groot, Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A., to Chairman Re: Surplus Property; Narcissus Avenue, with copies to County Manager and Allan Keen, the Keewin Real Property Company. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
8. Letter dated November 20, 2001, from Ted Sauerbeck, Auditor General’s Office, to Chairman with copies to Deliotte & Touche, LLP and Chatham, Seland & Lashley, P.A., Re: Local governmental entity financial audit reports requirements. (cc: Board, County Manager, Fiscal Services Director, County Finance)
9. Copy of letter dated November 28, 2001, from Byron Brooks, LYNX Executive Director, to Commissioner Maloy with copies to Bill Schneeman, LYNX Operations Department and Ron Jones, Manager, A+ Link Division Re: Cabbing fees and transportation needs of Ms. Nadine Tolos’ sister. (cc: Board)
10. E-mail dated November 29, 2001, from David M. Dickson to Commissioner McLain with copies to Senator Daniel Webster, State Representative Feeney, Sheriff Eslinger, Florida Fish & Wildlife Association and Florida Department of Environmental Protection Re: Law enforcement on the Econlockhatchee River. (cc: Board, County Manager)
11. Letter dated November 27, 2001, from Cynthia Porter; City of Sanford Deputy Clerk to Board transmitting Notice for Ordinance No. 3684 to annex 86.82 acres lying between Lake Monroe and Narcissus Avenue and between Power Road extended northerly and North Kennel Road extended northerly. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Comprehensive Planning)
12. Letter dated November 27, 2001, from Cynthia Porter, City of Sanford Deputy Clerk, to Board transmitting Notice for Ordinance No. 3681 to annex 9.78 acres lying between the Central Florida GreeneWay and Rinehart Road and between Towne Center Blvd. and I-4. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Comprehensive Planning)
13. Letter dated November 27, 2001, from Cynthia Porter, City of Sanford Deputy Clerk, to Board transmitting Notice for Ordinance No. 3683 to annex .40 acres lying between Ross Street extended westerly and E. Airport Blvd and between Bailey Street and Sanford Ave. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Comprehensive Planning)
14. Letter dated November 28, 2001, from Thomas Cavanaugh, President P.A.C. Land Development Corporation to Chairman Re: copy of letter sent to Richard Harris, Chairman, Seminole County Local Planning Agency regarding Red Bug Village with copies to Board of County Commissioners, Planning & Zoning Commission, Planning & Development Director, and as listed. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
15. Letter dated November 20, 2001, from Roy Bernardi, Office of the Assistant Secretary for Community Planning & Development, Department of Housing & Urban Development to Chairman Re: advising grantees of CDBG program of new policy reducing future grants when grantee fails to meet expenditure requirements of program. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, CDBG)
16. E-mail dated November 29, 2001, from Peggy Shaw to Board with copy to Ginger Hoke, Natural Lands Coordinator Re: Clifton Springs acquisition into Natural Lands Program. (cc: County Manager, DCM/Frank, DCM/Sherman)
17. Copy of letter dated November 23, 2001, from Roger Bruns, National Historical Publications and Records Commission, to Kimberly Zanotti Re: ineligibility for grant support of electronic records. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Information Services)
18. Copy of letter dated November 28, 2001, from Suzy Goldman, Library & Leisure Services Director, to Ms. Mary Doerfer Dall thanking her for her donation of books to the Seminole County Public Library System (cc: Board, Library Services Manager)
19. Copy of letter dated November 28, 2001, from Suzy Goldman, Library & Leisure Services Director, to Mrs. Gretchen Hobby thanking her for her donation of books to the Seminole County Public Library System (cc: Board, Library Services Manager)
20. Letter dated November 28, 2001, from Mike McDaniel, Department of Community Affairs, to Chairman Re: Completion of review and consistency of proposed Comprehensive Plan Amendment DCA No. 01-2. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Comprehensive Planning)
21. Letter dated November 27, 2001, from Dianne L. Kramer, Deputy Superintendent/Operations, Seminole County School Board to Board of County Commissioners Re: Postponement of Agenda Item No. 54, Sand Lake Road improvements. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
22. Copy of letter dated November 30, 2001, from V. Eugene Williford, III, City Manager/Oviedo to J. Kevin Grace, County Manager Re: closing on the purchase of Winter Miles and request for payment as per interlocal agreement. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Library & Leisure Services Director, Parks & Recreation)
23. Letter dated November 30, 2001, from Kirby Green, Executive Director/St. Johns River Water Management District to Chairman Re: water supply options. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Environmental Services, Stormwater)
24. Memorandum dated December 3, 2001, from Cindy Hall, Fiscal Services Director to Board of County Commissioners Re: Budget Change Requests Approved by the County Manager, Fiscal Services Director and financial transactions approved by the BCC with copies to County Manager, DCM/Frank and DCM/Sherman.
25. Letter dated November 30, 2001, from Diane Pickett, Time Warner Cable to Chairman and Board of County Commissioners Re: Implementation of Federally mandated Emergency Alert System. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Public Safety Director, Cable Franchise Coordinator)
26. Letter dated November 30, 2001, from John Saboor, Central Florida Sports Commission to Board of County Commissioners Re: October 2001 Activities Report. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Tourism)
27. E-mail dated December 3, 2001, from Colleen Rotella, Planning & Development, to Board of County Commissioners Re: Florida Communities Trust Grant Award with copies to Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, and others as listed.
28. Memorandum dated November 26, 2001, from the Doris-anne Freeman, City Clerk/Altamonte Springs, to County Manager and others as listed Re: Annexation approved by City Commission. (cc: Planning & Development Director, Comprehensive Planning Manager)
29. Memorandum dated November 29, 2001, from Janet R. Dougherty, City Clerk/Sanford to County Manager and others as listed Re: Annexation of 0.91 acres located at 2040 Celery Avenue. (cc: Planning & Development Director, Comprehensive Planning Manager)
30. Memorandum dated November 29, 2001, from Janet R. Dougherty, City Clerk/Sanford to County Manager and others as listed Re: Annexation of 0.33 acres located at 520 Ross Street. (cc: Planning & Development Director, Comprehensive Planning Manager)
31. Copy of Memorandum dated November 30, 2001, from Bob Briggs, Finance Manager/Environmental Services, to Sandy McCann, Recording Secretary, Re: Submission into County Records of Bill of Sale for Heather Glen water & sewer system.
32. Letter dated November 29, 2001, from Roy A. Bernardi, Assistant Secretary, U.S. Department of Housing & Urban Development to Chairman Re: Fiscal Year 2002 allocations for CDBG, HOME, ESG and HOPWA programs. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Fiscal Services Director, Planning & Development/Administration, CDBG)
33. Letter dated December 6, 2001, from Gene R. Stephenson, Circuit Judge, to Board of County Commissioners Re: Letter of support for Adult Drug Court Planning Initiative Program Implementation Grant for FY 2002. (cc: Board)
34. Copy of letter dated November 20, 2001, from Jennifer Bencie, Administrator Seminole County Health Department to Board of County Commissioners Re: Quarterly Report Fourth Quarter. (cc: Board)
35. Letter dated December 6, 2001, from Kenneth and Sherri Brown to Chairman Re: Appeal request on decision made by the Seminole County Board of Adjustment. (cc: Board, County Manager, Planning & Development/Administration, Comprehensive Planning Manager)
36. Notice of Public Hearing dated December 2, 2001 from the City of Altamonte Springs for variance on property located at 511 Oakwood Court. (cc: Board, County Manager, Planning & Development/Administration, Comprehensive Planning)
37. Copy of report from NACo Legislative Affairs Office Re: Homeland Security Policy Agenda to Secure the People of American’s Counties. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
38. Letter dated December 4, 2001, from Diane Pickett/Time Warner Cable to Chairman Re: Addition of two additional channels to digital service. (cc: Board, County Manager, Cable Franchise Coordinator)
39. Memorandum dated December 2, 2001, from Office of Criminal Justice Grants to Board of County Commissioners Re: Grant Adjustment Notice for County DUI Prosecution Initiative III Project. (cc: Board, County Manager, Sheriff’s Office, Fiscal Services Director)
40. Copy of Letter dated November 27, 2001, from Brady M. Lessard, Mayor/City of Sanford to The Honorable Carmine M. Bravo/County Judge with copy to County Commission Chairman and County Court Coordinator Re: usage of City Commission Chambers for Civil Infraction Traffic Hearing Officer Program.
41. Notice of Public Hearing from Michael Skat, Chairman/City of Sanford Planning & Zoning Commission Re: Consideration of Conditional Use at 919 East 2nd Street. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
42. Letter dated December 4, 2001, from Ronald W. McLemore, City Manager/Winter Springs to Chairman Re: opposition of City Commission to the sale of 100% of the Jetta Point property to the State Natural Lands Acquisition Program. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
43. E-mail dated December 4, 2001, from Michael F. Towers to Don Fisher, Planning & Development Director and Steve Lee, County Attorney with copies to Board of County Commissioners, DCM/Sherman and Code Enforcement Re: College Boys Live, Inc. (cc: as noted above)
44. Copy of letter dated November 27, 2001, from Kenneth M. Roberts, Director/Public Safety to Doyle Hadden Re: appreciation of donation to Animal Services Division.
45. Copy of letter dated November 27, 2001, from Kenneth M. Roberts, Director/Public Safety to Josh Pearl Re: appreciation of donation to Animal Services Division.
46. Copy of letter dated November 27, 2001, from Kenneth M. Roberts, Director/Public Safety to Cornelia Dietzel Re: appreciation of donation to Animal Services Division.
47. Letter dated November 30, 2001, from Cynthia Porter, Deputy City Clerk/City of Sanford, to Kevin Grace, County Manager Re: Annexation of .777 acres of property located between Rinehart Road and Oregon Avenue. (cc: Planning, Planning & Development, Supervisor of Elections, Property Appraiser)
48. Contract for Services, as shown on page _________, dated November 20, 2001 between Seminole County and Darrell Simmons to umpire slow pitch softball.
49. Copy of e-mail dated December 10, 2001, from Michael Towers to Sally Sherman, Deputy County Manager, Steve Lee, County Attorney and Don Fisher, Planning & Development Director with copies to the Board of County Commissioners Re: Additional issues regarding College Boys Live, Inc. (cc: Code Enforcement)
No Report.
Chairman McLain stated due to Commissioner Henley being unable to attend the meeting today, he would like the Board to consider the following appointments: Don Nicholas to the Planning & Zoning Commission and Frank Fry to the Tourism Development Council. Chairman McLain stated Commissioner Henley would like approval of Resolutions for Mark George and Penny Leffel for their services on their respective boards.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to appoint Don Nicholas to the Planning & Zoning Commission to fill an unexpired term ending January 1, 2005 and Frank Fry to the Tourism Development Council for a term ending January 1, 2006; and adopt appropriate Resolution #2001-R-223, as shown on page _________, commending Mark George for his services to the Planning & Zoning Commission; and appropriate Resolution #2001-R-224, as shown on page ________, commending Penny Leffel for her services to the Tourism Development Council.
Districts 1, 2, 3, and 5 voted AYE.
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Chairman McLain stated this is the last
meeting of the year and he would like to wish everyone a Merry Christmas and
hope that everyone will have a warm and happy holiday.
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Motion by Commissioner Morris, seconded by Commissioner Maloy to appoint/reappoint the following:
Trails & Greenways Task Force – James Avitable, Tim Donihi and Lisa Giltner.
Seminole County Port Authority – David Lanier
Districts 1, 2, 3, and 5 voted AYE.
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Commissioner Morris announced that there
will be a kick-off event at the Osceola Courthouse on Thursday, December 13,
2001 at 1:30 p.m. on the Regional Planning Council study. He stated they will also be showing off
their new courthouse.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to appoint Gary Scarboro to the Seminole County Industrial Development Authority for a four-year term ending January 1, 2006.
Districts 1, 2, 3, and 5 voted AYE.
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Commissioner Maloy displayed photographs
(received and filed) showing the Osprey Lakes (former Magnolia Lakes) property
line that is built up in Chuluota. He
stated one picture shows a County trail and there is a 3 ft. drop with 3” caliper
roots of trees severed in half. He said
there is a change of grade on the other side of the property and he would like
staff to brief the Board on this issue and to see if something can be done in
preventing this from happening in the future.
Don Fisher, Planning & Development Director, addressed the Board to advise this development has been notified that these problems need to be corrected from an erosion standpoint. He said staff recognizes this as a possible issue and they can schedule a briefing on how the County’s code addresses adjacent properties, road rights-of-way and elevations.
Chairman McLain stated a major storm could cause some of the trees to fall onto the roadway.
Commissioner Van Der Weide stated he feels that something needs to be done about this as it is not acceptable.
Chairman McLain stated he feels there is consensus from the Board that this problem needs to be corrected.
Mr. Fisher stated staff will be working on this particular project and come up with some ideas and a briefing will be scheduled in February.
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Commissioner Maloy stated he does not have
photographs of the other issue in Eagles Point but it relates to a creek that
runs through the property and, due to some erosion, the creek moved closer to a
house. He stated $300,000 was spent to
fix the creek going through this neighborhood.
He said water is oozing up in a couple of places of the subdivision’s
road and it is coming up with some serious infrastructure problems in which the
taxpayers and the County will have to correct.
He would like staff to look at issues where creeks are going through
properties and where the soil types are so poor that they are not draining
correctly.
Chairman McLain stated staff can brief the Board on this issue as well.
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Commissioner Maloy updated the Board on the ongoing Tollos issue relating to transportation for the disabled. He said Ms. Tollos has appealed the process with Lynx. He stated he will submit a copy to each Board member for them to review and he stated he has sent a copy to Ms. Tollos as well.
Commissioner Maloy updated the Board on CALNO and stated he will attend the Expressway Authority meeting re: the future beltway.
Mr. Grace stated the Cleborne appeal was presented to the Board of Adjustment on November 26, 2001 relating to the Planning Manager’s interpretation. He stated this item was advertised as a public hearing but the public was not allowed to comment or provide input. A copy of a memorandum from Matt West was received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize appealing the decision of the Board of Adjustment hearing relating to the Planning Manager’s interpretation of the Cleborne appeal.
Districts 1, 2, 3, and 5 voted AYE.
Mr. Grace requested that the Appeal fee be refunded to the applicant.
The Board consented to refunding the fee to the applicant.
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Mr. Grace stated he is still working on the Boys and Girls Club funding issue and he is planning to bring it back to the Board in January.
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Mr. Grace stated the Clerk of Circuit Court
has completed the Audit report on Workers’ Compensation and it was a good
audit. He stated there were three
recommendations and staff is clearing them up.
He added that he appreciates the work the Clerk did on this report.
Chairman McLain stated there are two items for this evening’s public hearings that will be continued to January 8, 2002 and he requested staff to contact all parties involved.
Commissioner Morris stated the January 8 meeting looks pretty heavy and he would like to know if these items need to be rescheduled during that time.
Mr. McMillan stated the Board doesn’t have to reschedule these items to the first meeting in January because they were not properly advertised.
Mr. Grace stated it appears at this point, five items, including the two items for tonight, are scheduled for that night.
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The Board recessed the meeting at 2:02 p.m., reconvening at 7:03 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
REZONE FROM A-1 AND R-1A TO
PUD
Continuation of a public hearing from November 27, 2001, requesting to rezone from A-1 (Agriculture) and R-1A (Low Density Residential) to PUD (Planned Unit Development); property located north of Red Bug Lake Road, one mile west of Dodd Road, Pulte/Red Bug PUD, Kenneth W. Wright, Shutts & Bowen LLP.
Jeff Hopper, Senior Planner, addressed the Board to state the applicant’s proposal is for a single-family development with 251 lots at a net density of four units per net buildable acre. The proposed minimum lot size is 55’ x 120’ or 6600 square feet. The minimum dwelling unit size would be 1100 square feet. The subject property contains only one residence and has historically been used as pastureland. There are no wetlands or flood prone areas on the site. He said the staff finds that the proposal meets the Vision 2020 Plan and Land Development Code requirements and staff is recommending approval of the request with the following conditions: (1) Left and right-turn lanes on Red Bug Lake Road shall be provided at the project entrance; (2) The entrance shall line up with the existing driveway on the south side of Red Bug Lake Road; (3) The developer shall provide open space areas totaling 19.7 acres; (4) Pedestrian trails shall be provided surrounding both stormwater management areas and in the power line easement; and (5) All lot widths and sizes should conform to the Preliminary Master Plan submitted to the Planning staff on November 5, 2001. He advised the Planning and Zoning Commission voted 4 to 1 to approve the request, subject to the applicant revising the master plan to satisfy some of the staff’s previous concerns about calculation of open space and adjacent lots along the perimeter matching in size and width with existing lots in other subdivisions.
Don Fisher, Planning & Development Director, addressed the Board to reply to Commissioner Morris that the issue was the method the developer was using to create their 25% open space. He explained the Code requires 25% of the entire project boundary and there had been confusion with that. The staff has resolved those issues with the applicant.
Meredith Harper, Shutts & Bowen, representing the applicant Pulte Homes, addressed the Board to state after meeting with the area residents on Friday evening representing the Red Bug Coalition and other homeowner groups and associations, there were three major concerns. She said she went back to Pulte Homes and discussed those and let the representatives know the outcome on Monday morning. She stated the three concerns were: (1) Misconceptions about what was proposed on the project. Ms. Harper stated Pulte Homes is not proposing multi-family or condominiums and they will be glad to put a provision in the development order and/or developer’s commitment agreement stating no multi-family or condominiums will be constructed on the site. (2) The residents had concern for privacy between the proposed lots and the neighboring subdivisions. Ms. Harper stated the Planning & Zoning Commission had proposed a fence or wall along the eastern boundary to provide some transition. The residents expressed concern about having a fence all the way around the perimeter of the project. She stated Pulte has committed to do a six-foot PVC fence, board-on-board. (3) The third concern was for limiting the two-story homes. The residents feared that on the perimeter lots the second story of the homes would peer into their backyards. Pulte has agreed to limit the perimeter lots adjacent to lots in the neighboring subdivisions to only one story.
Commissioner Maloy clarified with Ms. Harper that no multi-family or condominiums includes apartments.
Commissioner Morris clarified with Ms. Harper that there would be no townhomes in the project either.
Geraldine Williams, 1300 Bridlebrook Drive, representing the Deer Run POA and Homeowners Association, addressed the Board to state Pulte Homes has been very cooperative and forward thinking in trying to work things out. She expressed the concern they had for the landscaping and no protection to their homes on the north or west sides. She said the plan Pulte came up with for the fencing all around for privacy looks like a much better way to deal with the privacy. They appreciate not having the second-story houses with only 10 feet or the small easement left between the property and their existing homes. She said they do support the project the way it is now being presented.
Tom Boyko, 1451 Thornhill Circle, representing the Red Bug Residential Coalition, addressed the Board to state they had good dialogue with the developer and their concerns were heard with compassion and understanding. He received a phone call from Ms. Harper stating the developer was willing to correct the concerns they had. He thanked Pulte Homes and Shutts & Bowen for their cooperative spirit.
Harry Martin, 1536 Crossbeam Drive, addressed the Board to state he is requesting the Commission reject the P&Z recommendation for change in zoning from R-1A and Agriculture to R-1A with 40 units per acre for the following reasons: (1) Open space is at a premium and they should not over utilize it. The more homes being built increases the burden on the schools, adds to water consumption, and puts added burden on the utility systems. (2) He said the natural wildlife on the property are being forced out of their environment. (3) The residents who abut the property will lose their privacy. He said there are three benefactors to the acceptance of the recommendation: (1) The owners of the property benefit from the sale; (2) The developer benefits when he sells the house; and (3) The County benefits by the increase in ad valorem taxes. He said if the Commission deems it necessary to accept the recommendation, he is requesting a seven-foot brick wall (not a PVC wall) around the entire subdivision and if that is not acceptable, then a 25-foot buffer should be put in with oak, hickory and maple trees.
William Solomonic, 908 Copperfield Terrace, representing the Copperfield Homeowners Association, addressed the Board to state they are happy with the wall being addressed. The only issue is the rodent cleanup once they start leveling the property. Another issue was on the school data. He called the County School Board and found that the formulas Pulte Homes used were ten years old. He thinks that’s unacceptable. He said overall, they think Pulte is doing a good job and they support the project.
Faye Radon, 1484 Bridlebrook Drive, addressed the Board to thank Pulte Homes for being so sensitive to the issues they have all had. She said they are very concerned about flooding. They would have liked for the “V” lot (depicted on the map) to be smaller and the retention pond made larger so there is not a problem with flooding. If there is any way this could be done, they would appreciate it.
Commissioner Maloy advised Ms. Radon that this is only the preliminary plan and later the applicant will come back with the fully engineered subdivision plans.
Ernest Phelps, 866 N. Jerico Drive, representing the Orange Grove Park Homeowners Association, addressed the Board to state given the changes proposed by the developer, they are fully endorsing the development. He thanked Pulte Home and expressed he hopes the cooperation continues.
Scott Zarnowski, 1492 Bridlebrook Drive, addressed the Board to state he is also concerned about the flooding. He said he has noticed an increase of rodents coming on his property so that was one of his concerns. He asked several questions about the two-story buildings, PVC fence, drainage, maintenance and the proper location of the fence, to be addressed by the applicant.
Sandra Miller, 415 Greyford Lane, representing the Deer Run Clubhouse Point Homeowners Association, addressed the Board to state they also attended the meeting with Pulte Homes and they were pleased. They would have loved to have a solid wall, but to have the six-foot PVC fence, board-on-board, is reasonable. They were happy to hear the developer is only going to have the two-story homes on the interior lots and that this is going to be single-family dwellings and not townhouses. They are also happy to know the developer will be replacing the cranes and turtles in an area where they will be able to survive and grow. Ms. Miller stated they would like to see this in writing for the benefit of all the homeowner associations concerned in this area. Whereupon, Chairman McLain stated the Board’s decision would be in writing and all the conditions will be in the developer’s agreement.
Ms. Raydon commended Mr. Hopper, saying he has been outstanding during this process.
Chairman McLain advised one written comment was received from Darlene Crockett, 3528 Premier Drive, requesting minimum 75’ lots in the development.
Ms. Harper returned to answer questions on issues brought up. She clarified that the two-story buildings prohibition is only for lots abutting the adjacent properties. Along Red Bug Lake Road where not abutting residents, the homes could be two stories, and along the pond area on the western side, the homes could also be two-story because they are not next to the boundary where other single-family homes are located.
Ms. Harper stated the flooding has been a historical problem and Pulte will undergo a rigorous review by the St. Johns River Water Management District and will consider the receding waters that come onto the site. She said the way they have planned their stormwater system should alleviate most of the flooding problems.
No one else spoke in support or in opposition.
Speaker Request and Written Comment Forms were received and filed.
District Commissioner Maloy stated he was glad to see that both sides met together and worked on this issue. He complimented both sides and the applicant for going above and beyond the Land Development Code requirements for compatibility and for entering the agreements they have made. He thinks this is a very good plan.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to approve rezoning from A-1 (Agriculture) and R-1A (Low Density Residential) to PUD (Planned Unit Development) by adoption of Ordinance #2001-50, as shown on page _______, property located north of Red Bug Lake Road, one mile west of Dodd Road; with Conditions 1-5 of the Development Order, as shown on page _______, listed by staff and including three additional Conditions 6-8 that there will be no multi-family, condominiums, or townhouses; a six-foot PVC, board-on-board, fence will be placed along the perimeter of the entire property; and limit the perimeter lots to one-story only with a note that when the lots begin to get closer to the residences, those will be evaluated also for the limitation.
Under discussion, Commissioner Morris stated he thinks it is good to report to the P&Z how this request resulted from the negotiations.
Districts 1, 2, 3, and 5 voted AYE.
PLAN AMENDMENT AND REZONE
Proof of publication, as shown on page _______, calling for a public hearing to consider the Large Scale Comprehensive Plan Amendment from Suburban Estates and Commercial to Industrial; and Rezone from A-1 (Agriculture) and C-1 (Retail Commercial) to PUD (Planned Unit Development); property located north of SR 46 and east of Beardall Avenue, Vince Leffler, received and filed.
Chairman McLain advised the rezoning request would have to be rescheduled due to inadequate posting of the property.
Mr. Grace stated, as of now, the rezoning will be rescheduled for January 8, 2002.
Amanda Smith, Planner, addressed the Board to state on November 27, 2001, the Department of Community Affairs issued an Objections, Recommendations and Comments Report and did not raise any objections to the proposed land use amendment. The Planning staff recommends adoption of the Industrial land use with the findings that the request is consistent with Plan policies related to the Industrial land use designation; and consistent with other Plan policies identified at this time. The staff is also recommending that the rezoning request be heard on January 8, 2002.
Applicant, Jim Bartow, Design Service Group, 362 S. Grant Street, addressed the Board to state he accepts the staff comments with an exception to the Beardall Road truck movement. He said they would like to discuss that at the rezoning hearing on January 8, 2002.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue to January 8, 2002, 7:00 p.m., or as soon thereafter as possible, the rezoning request from A-1 (Agriculture) and C-1 (Retail Commercial) to PUD (Planned Unit Development); property located north of SR 46 and east of Beardall Avenue; as described in the proof of publication, Vince Leffler.
Districts 1, 2, 3, and 5 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner Maloy, to enact Ordinance #2001-51, as shown on page _______, adopting the Industrial Land Use amendment for property located north of SR 46 and east of Beardall Avenue; as described in the proof of publication, Vince Leffler.
Districts 1, 2, 3, and 5 voted AYE.
REZONE FROM A-1 TO PUD/SHERRI FRAGOMENI
AND REZONE FROM A-1 TO R-1AAAA
AND RC-1/
MARK CRONE ON BEHALF OF ARTHUR E.
Proofs of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property described as a 2.1-acre parcel located north of Red Bug Lake Road and east of Palomino Way; Sherri Fragomeni; and property located on the west side of Little Lake Howell at the intersection of Lake Drive and Bird Road, Mark Crone on behalf of Arthur E. Grindle, Jr. and Janice K. Grindle, received and filed.
County Attorney, Robert McMillan, advised there is no reason to continue these two hearings, as they cannot be heard tonight because of being improperly advertised. He said they would be rescheduled and readvertised in total for January 8, 2002, 7:00 p.m., unless otherwise posted.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of Ordinance for a technical amendment to the Florida Building Code, received and filed.
Don Fisher, Planning and Zoning Director, addressed the Board to state a Senate Bill has changed the effective date of the new statewide Florida Building Code to March 1, 2002. He said the requirements staff need to take care of are effective January 1, 2002. He distributed a revised ordinance (copy received and filed) that clarifies the 3-second gust.
Upon inquiry by Commissioner Van Der Weide regarding the flexibility of the County to opt in or out of certain sections of the Building Code, Mr. Fisher said the County can only make technical amendments that are as strict or stricter than what the Building Code provides.
Assistant County Attorney Stephen Lee added that those amendments can only be made twice a year.
Mr. Fisher briefly discussed the modified ordinance.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt Ordinance #2001-52, as shown on page _______, for a technical amendment to the Florida Building Code; as described in the proof of publication.
Districts 1, 2, 3, and 5 voted AYE.
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Chairman McLain invited everyone to partake of the refreshments brought in to celebrate the holidays.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:00 p.m., this same date.
ATTEST _______________________Clerk ____________________Chairman
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