BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 12, 2002
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, February 12, 2002, 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 Sandy McCann
The Invocation was given by Commissioner Carlton Henley.
Commissioner Dick Van Der Weide led the Pledge of Allegiance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
approve and authorize the following:
1. Approve proposed settlement relating to Parcel Numbers 755/855 of the Dodd Road improvement project, located at 1152 Dodd Road, in the amount of $25,500.00, Barker/Rosen-Barker Property, inclusive of all land value, statutory interest, attorneys’ fees and cost.
2. Request authorization to make an offer of judgment relating to Parcel 104 of the Lake Mary Boulevard, Phase III road improvement project, located at the entrance ramp of State Road 417, W. Garnett White & Paulette C. White Property, in the amount of $462,660.00.
Property Acquisition
3. Approve and execute Purchase Agreement, as shown on page _______, relating to
Parcel Number 106 of the Airport Boulevard Phase II road improvement project,
located at the southwest corner of Airport Boulevard 60 feet east of Old Lake
Mary Road, Residential Communities of America, in the amount of $4,000.00,
incurring no attorney’s fees or expert costs.
Districts
1, 2, 3, 4 and 5 voted AYE.
Assistant County Attorney, Steve Lee, addressed the Board to give a brief update on Senator McKay’s proposed sales tax reduction plan. He advised Governor Bush has let it be known that he opposes the plan and the thinking is that it may very well go away because there are questions in the House.
Commissioner Morris suggested the Board show their disapproval of this proposal.
Commissioner Maloy stated he would support sending a letter or resolution in opposition to the plan. He said he thinks this is more of a tax increase rather than tax reform.
Commissioner Henley stated he does not have opposition to the letter as long as the letter doesn’t say the Board is happy with the current system.
The Board, by unanimous consensus, directed the County Manager to draft a letter for the Chairman’s signature in opposition to Senator McKay’s proposed Sales Tax Bill.
Upon inquiry by Commissioner Henley, Environmental Services/Engineering Division Manager, Dennis Westrick, addressed the Board to advise under Item #8, BCR #02-29, they anticipate drilling two additional exploratory wells for the Markham Water Plant project.
Upon further inquiry by Commissioner Henley, County Engineer, Jerry McCollum, addressed the Board to advise that under Item #11, BCR #02-40, for the Montgomery Road Bridge, the work was completed about three years ago. He said the wall is bowing out and the consultants will tell the County if a claim against the contractor or engineer should be pursued.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the following:
8. BCR #02-29 – $756,000 – Environmental Services – PEI – Fund: 40104 – Debt Proceeds Series 1999 fund. Increase in funding for Markham Water Plant Project for additional exploratory wells, purchase of easements, plant security consistent with previously approved security measures, recognize prior year approved funding for construction, and allow for contingency funds.
9. BCR #02-38 – $3,227 – Public Works – Roads/Operation/Stormwater – Fund: 10101 – Transportation fund. A ditch bucket is needed for the Excavator in the Roads section. This bucket has drainage holes in it, which allows for water to drain off debris before being loaded onto trucks. Funds are available from the purchase of a dump truck, which had an actual cost $4,268 less than what was budgeted.
10. BCR #02-39 – $53,075 – Public Safety – E911 – Fund: 12500 – E911 fund. Request transfer of funds to upgrade the Positron Lifeline 100s 911 answering device at Casselberry and Altamonte Springs Police Departments. Lease upgrades were approved by Board of County Commissioners at November 27, 2001 meeting.
11. BCR #02-40 – $25,000 – Public Works – Engineering – Fund: 11500 – Infrastructure Tax Fund/12603 – West Collector Impact Fee fund. An erosion problem has occurred within an earthen wall located adjacent to the Montgomery Road Bridge at the Little Wekiva River. An accounting change within the project is necessary in order to hire a consulting firm to evaluate the condition and determine the extent of the problem. The scope of services is not changing.
12. BCR #02-41 – $100,000 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer Fund. The work order for hydraulic modeling was executed in FY 01 but will be paid in FY 02. Carry forward funds need to be made available.
13. BCR #02-42 – $7,700 – Planning & Development – Customer Resources – Fund: 31100 – Natural Lands Bond Fund. Prices to purchase three capital equipment items (tractor, tree cutter and box blade) are higher than original quotes by $7,700. Transfer is requested from available funds in the land account.
14. BCR #02-43 – $60,000 – Library & Leisure Services – Parks & Recreation – Fund: 00100 – General Fund. Accounting adjustment only to place funds for Kewannee Park restroom project into the proper account line.
15. Budget Amendment Resolution #2002-R-18, as shown on page ________, $5,950,000 – Public Works: 11500 – Infrastructure Tax Fund. To recognize anticipated receipt of revenues from the County Incentive Grant Program to facilitate the East Lake Mary Boulevard, Phase II, widening and extension. Based on an agreement (FIN No. 410522-1-54-01) between Seminole County and the Florida Department of Transportation, approved by the Board of County Commissioners (2001-R-137) on August 14, 2001.
16. Budget Amendment Resolution #2002-R-19, as shown on page _______, $100,000 – Public Works: 10101 – Transportation Trust fund. To recognize anticipated receipt of revenues to construct the Connector Trail between the I-4 Trail Overpass to Rinehart Road. Based on a Local Agency Program Agreement (FIN No. 410778-1-58-01) between Seminole County and the Florida Department of Transportation, approved by the Board of County Commissioners on October 9, 2001.
17. Budget Amendment Resolution #2002-R-20, as shown on page ________, in the amount of $7,757 – Public Safety: 11200 – Fire Fund. To recognize insurance proceeds received for damages to Fire Station 36 caused by a motor vehicle hitting the building.
18. Authorize the Tax Collector to publish the 2001 Tax Delinquent Lists in the Seminole Herald at the rate of $0.70 per square inch for the first insertion and $0.40 per square inch for each subsequent insertion.
19. Award FC-1156-01/BJC Contract,
as shown on page _______, C.R. 427 – Phase I, to Southland Construction, Inc.,
Apopka ($6,296,516.22).
20. Award FC-1165-A-01/BJC Contract,
as shown on page ________, C.R. 419 – Phases I and II (Lockwood Boulevard to
Second Street in Chuluota), to Southland Construction, Inc., Apopka
($8,056,254.65).
21. Award FC-1173-01/BJC Contract,
as shown on page ________, Midway Paving and Drainage Improvements – Phase II,
to White’s Site Development, Inc., Sanford ($730,000.00).
22. Approve Change Order #1 to FC-1154-01/BJC, as
shown on page _______, Renovation of the Seminole County Building and Planning
and Zoning Department, with Elizabethan Construction Services, Inc., Longwood
($19,825.00).
23. Approve a third Contractor to FC-1139-00/BJC –
Continuing Construction Services for Public Works Minor Construction Projects
with an estimated cost less than $500,000.00, to JCB Construction, Inc., Orlando,
Contract, as shown on page ________, (Not-to-Exceed $2,500,000.00/year).
24. Approve Renewal #1 to FC-199-00/BJC - Removal
and Construction of Concrete Sidewalks, Curb Cut Ramps, Curb and Gutter, Within
Various Areas of Seminole County, with Southland Construction, Inc., Apopka
(Primary Contractor) and Gibbs & Register, Inc., Winter Garden (Secondary
Contractor) (Not-to-Exceed $144,000.00 per year).
25. Accept and authorize the Chairman to execute
Certificate of Completion, as shown on page _______, for FC-193-99/BJC –
Grantline Road construction project, with Jones Bros., Inc., Mt. Juliet, TN.
26. Accept and authorize the Chairman to execute
the Certificate of Completion, as shown on page _______, for FC-1153-01/BJC –
Roof Replacement of Courthouse Annex, with Florida Universal Roofing, Orlando.
27. Approve ranking list for PS-5107-01/BJC –
Engineering Design Services for Celery Avenue/Institute of Food and Agriculture
Science Regional Pond Facility, authorize staff to negotiate and award an
Agreement, as shown on page ________, to Singhofen & Associates, Inc.,
Winter Park (Not-to-Exceed $500,000.00).
28. Approve First Renewal to PS-583-01/BJC –
Continuing Agreement for Professional Landscape Architecture and Irrigation
Design Services, with Herbert Halback, Inc., Orlando; and David Wickham &
Associates, Inc., Lake Mary (April 26, 2002 through April 25, 2003)
(Not-to-Exceed $60,000.00).
29. Approve First Renewal to RFP-484-00/BJC -
Consulting Services Agreement for Management of Road, Stormwater and Traffic
Facility Systems, with Lorick & Associates, Inc., El Segundo, California
(March 22, 2002 through March 21, 2003).
30. Award RFP-4132-01/JVP – 911 Recording
Equipment to Exacom Inc., Concord, NH ($107,831.50).
31. Approve and authorize refund of road impact
fees in the amount of $87,190.94 to Sterling Financial Corporation for the Live
Oak Reserve project.
32. 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 Karen
L. Hudson, Ruth Morway, Sophia J. Fairclough and Rosemarie A. Cuozzo.
36. Approve and authorize Chairman to execute
First Renewal, as shown on page _________, to Non-Exclusive Ambulance Franchise
Agreement for Central Florida Ambulance Service Inc., d/b/a American Ambulance.
TOURISM DEVELOPMENT
41. Approve and authorize Chairman to execute the Memorandum of Understanding Addendum A, as shown on page _______, between the Seminole County Convention and Visitors Bureau, the Sanford/Seminole County Chamber of Commerce, the Sanford Airport Authority and Orlando Sanford International, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated January 15, 22 & 29, 2002; and Payroll Approval List, as shown on page _______, dated January 17, 2002.
2. Chairman to execute the following Satisfactions of Judgment for $40 Public Defender Application Fees:
Beau Brian Nycum, Case #99001723CFA
Kyle LaFayette Hisam, Case
#99002049CFA
Gregory Lloyd Wallace, Case
#01000707CFA
Leinor Johnson, Case #01000945CFA
Anthony Francis Spence, Case
#01000820CFB
Robert Eugene Barnes, Case
#00003141CFA
Omari A. Lecky, Case #01000427CFA
3. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Lilibeth James, Case
#98003135CFB - $328 & $40 Public Defender Application Fee
Lee Freddie Willman, Case #99004698CFA - $328
4. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Jessica Losada Marcano
& American Bankers Ins. Co. - $258
John R. Mignon, Jr. & American
Bankers Ins. Co. - $538
Victoria Morrell & Roche Surety
& Casualty Co. - $3,038
Christopher Oli Raymore &
Lexington National Ins. Corp. - $1,038
Sonja L. Williams & Amwest Surety Ins. Co. - $3,038
5. Approval of Official Minutes dated January 8 & 22, 2002.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Work Order #1, as shown on page _______, to PS-593-01.
2. Second Amendment to Work Order #9, as shown on page ________, to PS-555-00/BJC.
3. First Amendment to Work Order #1, as shown on page _______, to PS-590-01.
4. First Amendment to Work Order #12, as shown on page _______, to FC-1139-00.
5. Consultant Services Agreement M-263-01, as shown on page _______, BEM Systems.
6. Work Order #3, as shown on page ________, to PS-585-01.
7. Work Order #43, as shown on page ________, to PS-543-99.
8. Choose Life License Plates Annual Use Fee Proceeds Agreement RFP-4111-01, as shown on page _______, Shepherd Care Ministries.
9. Letter to Hector O. Pone, Mitsubishi Heavy Industries America, Inc., from Katherine Morrison, Office of the Governor, relating to Qualified Target Industry Tax Refund.
10. Memorandum of Understanding, as shown on page _______, with the City of Orlando relating to communications units, as approved by the BCC on 8/14/01.
11. First Amendment to Work Order #20, as shown on page _______, to PS-522-98.
12. Change Orders #7 & #8, as shown on page _______, to FC-193.
13. Change Order #1, as shown on page _______, to FC-1153-01.
14. Engineering Services Agreement M-298-02, as shown on page _______, with Reiss Environmental.
15. First Amendment, as shown on page _______, to Work Order #26 to PS-522-98.
16. Work Order #24, as shown on page _______, to FC-1139-00.
17. Appraisal Services Agreement M-297-02, as shown on page _______, with Florida Realty Analysts, Inc.
18. Notice of Commencement of Chapter 11 Bankruptcy for Nationsrent, Inc.
19. Work Order #5, as shown on page _______, to PS-594-01.
20. Work Order #1, as shown on page _______, to FC-1164-01.
21. Change Orders #4, #5, #6, & #7, as shown on page _______, to FC-1135-00.
22. Recorded Development Orders, as shown on page _______, as follows: Westlake Supercenter Partners; Florida Water Services; and George Olio.
23. Satisfactions of Connection Fees, as shown on page _________, for Fern Park Apartments and Grandeville at River Place.
24. Utility Agreement, as shown on page ________, for sewer service for Lakeside Fellowship UMC.
25. Assignment of Utility Agreements, as shown on page ________, for water and sewer service with Weat Land Partners II and Amrhein Family Ltd. Partnership.
26. Bill of Sale, as shown on page _______, accepting water and sewer systems with the project known as Reserve at Heathrow Phase II subdivision.
27. Bids as follows: FC-1165-01-A; FC-1172-01; PS-5111-01; RFP-4137-01; IFB-3038-01; and IFB-3037-01.
CONSENT
AGENDA
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and authorize the following:
1. Sheriff’s Office to finalize the application for FY 2002 State Criminal Alien Assistance Program funds from the Federal Government.
2. Authorize expenditure in the amount of $200 from the Law Enforcement Trust Fund to contribute to Rock Lake Middle School’s drug-free, alcohol-free eighth grade graduation celebration.
Districts 1, 2, 3, 4 and 5 voted AYE.
Debbi Leigh, Code Enforcement, addressed the Board to request direction with regard to Code Enforcement Lien on property located at 2301 Wacassa Street, Geneva, Richard F. Kletty III and Monica Kletty, Case #01-15-CEB. She advised the Klettys abandoned the property and Mr. John Iannotti, the mortgage holder, received the property by default of the mortgage. Mr. Iannotti immediately cleaned up the property, which cost him $4,100.
Ms. Leigh further advised that the criteria for requesting a waiver or reduction has been met; therefore, staff recommends reducing the lien to the estimated cost for processing the case.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve reduction of the Code Enforcement Board Lien to the estimated costs of $383.23 on property located at 2301 Wacassa Street, Geneva, Richard F. Kletty III & Monica Kletty, Case #01-15-CEB (John Iannotti, mortgage holder).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Cindy Matheny, addressed the Board to present the Final Master Plan and Developer’s Commitment Agreement for Palomino Way PUD, located north of Red Bug Lake Road and east of Palomino Way, Sherri Fragomeni. She advised the plan and agreement are consistent with the 1994 Development Order for the project. Therefore, staff recommends approval with the time limit for the PUD to be extended two years, and with the modification that the wall design will be split-face block, staggered with landscaping, and that the final review of the wall will be done by the BCC at the time of the site plan.
District Commissioner Morris thanked the homeowners for working with the County and developer on this project. Copies of letters from area residents regarding the project were received and filed.
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page ________, for Palomino Way PUD, located north of Red Bug Lake Road and east of Palomino Way, Sherri Fragomeni.
Under discussion, Ms. Matheny advised the applicant has asked that a clause be included in the commitment agreement that the single light at Slavia be retimed to help with ingress and egress.
Commissioner Morris stated he will include the retiming of the traffic light in the motion; and will also revise Item #Q in the agreement to read 130 feet from the north and west property lines, instead of 150 feet, with regard to the location of the dumpsters.
The Motion, as clarified, was voted upon and carried unanimously with Districts 1, 2, 3, 4 and 5 voting AYE.
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Pam Hastings, Public Works Administration Manager, addressed the Board to request authorization to transmit Interlocal Agreement to the Cities and School Board for the renewed Local Option One Cent Sales Tax.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the staff to transmit Interlocal Agreements, as shown on page _______, to the seven Cities and School Board regarding the administration of the renewed Local Option One Cent Sales Tax; and authorize the Chairman to execute same upon return from each entity.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lake Mary Mayor, Thom Greene, addressed the Board to state he would ask the City Manager to speak first and then he will add some comments.
John Litton, Lake Mary City Manager, addressed the Board to state he thinks it has been demonstrated over the past 12 years that they have become a City that works with the County and their focus has been to develop a quality tax base as opposed to encouraging those businesses that are inclined to come and go. He stated the City’s population is now almost 12,500. He reviewed some of the things going on and plans for the City including the Marriott Hotel; three high-end restaurants; adoption of their mixed use development plan; the new police station; the swap of Country Club Road; traffic on Old Lake Mary Road; transportation business with their fire department; a new tennis facility and pro shop; and a skateboard park. He complemented the County Officials and staff for helping in widening Rinehart Road and for the Trail, which have meant much to the City. Mr. Litton said he believes the City and County need to do a better job jointly in some aspects of code enforcement regarding Lake Mary Boulevard and signs.
Chairman McLain stated Mr. Grace and Mr. Litton discussed today at lunch a couple of these issues and they are going to initiate these and will be working together.
Mayor Greene stated the City was approached by the homeowners abutting Rinehart Road to beautify Rinehart Road and Lake Mary Boulevard. The City has increased the amount of fertilizer and weed and feed to those medians. He said they are continuing to ask that the medians be a priority in the future. Mayor Greene talked about the tennis courts and skateboards and parks in the City and discussed the new land preservation policy they copied from the County. He reported there is now a private school in the City of Lake Mary and a preschool is being built in the downtown area.
Commissioner Van Der Weide congratulated Mayor Greene and said it’s obvious what’s been going on in Lake Mary.
Commissioner Morris thanked Mr. Litton and Mayor Greene for coming and thanked Chairman McLain for starting this process.
Chairman McLain extended “kudos” to Commissioner Morris for the job he has done to help Lake Mary become what it is.
Commissioner Morris stated he appreciates Mr. Grace meeting today with the City with respect to the traffic issue. Regarding the code enforcement issue, he said the County agreed to look into that two years ago but just don’t seem to do it. He said the City is willing to pick up code enforcement for the County and the County should say thank you very much. He hopes this is something that is brought back to the Board, as this is the third or fourth time the City has brought this issue up. On the landscaping issue for Rinehart Road, he said there is some funding available.
Commissioner Maloy stated the latest figures show $95,000 is available for Rinehart Road. Whereupon, Mr. Litton said they had not been notified of that, but they do appreciate it.
Commissioner Morris stated he has heard from the High School Principal and Lake Mary Elementary School Principal regarding the number of apartments in Sanford. He discussed that the City of Sanford has been communicating about a conference center and four more projects are on line, but that is all unless there is a change in the code.
Commissioner McLain expressed he appreciated Mr. Litton and Mayor Greene coming and he looks forward to working with them as in the past.
Commissioner Henley said he would be getting in touch with Mr. Litton regarding Lake Emma area concerns.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to authorize filing the proofs of publications for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4, and 5 voted AYE.
VACATE AND
ABANDON/BERRY WALKER
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning 25 feet of a 50-foot public right-of-way of Mellonville Avenue, Berry Walker, received and filed.
Shannon Suffron, Planner, addressed the Board to present the request for adoption of the resolution to vacate and abandon.
Applicant, Berry Walker, addressed the Board to state he is available to answer any questions.
No one spoke in support or in opposition.
The Speaker Request Form for Mr. Walker was received and filed.
District Commissioner McLain asked for a motion to approve the staff recommendation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt Resolution #2002-R-17, as shown on page _______, vacating and abandoning 25 feet of a 50-foot public right-of-way of Mellonville Avenue; as described in the proof of publication, Berry Walker.
Districts 1, 2, 3, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to RC-1 (Country Homes District) and approve Development Order; property located on the east side of Lake Markham Road, 100’ north of Markham Road intersection, Robert M. Picerne.
Jeff Hopper, Senior Planner, addressed the Board to present the request for approval based on compliance with the Land Development Code and Vision 2020 Plan.
Chris New, representative for the applicant, Robert Picerne, addressed the Board to state he was available to answer any questions.
No one spoke in support or in opposition.
District Commissioner McLain asked for a motion in support of the staff recommendation.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to adopt Ordinance #2002-4, as shown on page _______, approval of rezoning to RC-1 (Country Homes District), property located on the east side of Lake Markham Road, 100’ north of Markham Road intersection; as described in the proof of publication, Robert M. Picerne; and approval of Development Order, as shown on page _______.
Districts 1, 2, 3, 4, and 5 voted AYE.
No Report.
The following Communications and/or Reports were received and filed:
1. Email dated January 27, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
2. Email dated January 26, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
3. Letter dated January 23, 2002, from Darryle Ann Roberts to Chairman RE: opposition to Time Warner Cable site in Winter Park. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Development Review)
4. Notice of Public Hearing February 7, 2002 from the City of Oviedo RE: Change of land use for U.S. Homes. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
5. Letter dated January 22, 2002, from Dan M. Florian, Building Official/City of Sanford RE: demolition of structure at 1000 Locust Ave. (cc: Board, CDBG, Code Enforcement)
6. Email dated January 28, 2002 from Joel and Marty Hartman to Chairman RE: opposition to Portofino student housing at Lockwood & McCulloch Roads. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
7. Email dated January 25, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
8. Email dated January 25, 2002, from Tom Narut to Chairman RE: opposition to Portofino student housing at Lockwood & McCulloch Roads. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
9. Email dated January 24, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
10. Email dated January 23, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
11. Email dated January 24, 2002, from Michael Towers to Bob McMillan, County Attorney with copies to Board and DCM/Sherman RE: College Boys Live. (cc: Planning & Development/Administration, Comprehensive Planning)
12. Email dated January 24, 2002, from Rivas/Vincente Family to Chairman with copies to Board RE: opposition to Portofino student housing at McCulloch/Tanner Road. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Comprehensive Planning)
13. Email dated January 23, 2002 from Bob McMillan, County Attorney to Michael Towers with copies to Board, DCM/Sherman RE: College Boys Live. (cc: Planning & Development/Administration, Comprehensive Planning)
14. Letter dated January 22, 2002 from Chief Judge Bruce W. Jacobus, Circuit Court, Eighteenth Judicial Circuit to Chairman with copies to Board, County Manager and Administrative Services Director RE: appreciation and commendation regarding the new courthouse and juvenile facility.
15. Memorandum dated January 16, 2002 from J. Kevin Grace/County Manager to Board with copies to Deputy County Manager, Information Technologies Director and Cable Franchise Manager RE: Letter from Cindy Gennell/CALNO requesting amendment to current cable franchise agreement with Time Warner Cable to provide an Educational Channel.
16. Email dated January 23, 2002 from Michael Towers to Sally Sherman, Deputy County Manager and Bob McMillan, County Attorney with copies to Board RE: College Boys Live. (cc: County Manager, Planning & Development/Administration, Comprehensive Planning)
17. Contract for Services Agreement, as shown on page _______, between Seminole County and Daniel Keating and John P. Florenza.
18. Letter dated January 15, 2002 from Cynthia Porter/City of Sanford to County Manager RE: annexation of .968 acres of property at 2200 Celery Avenue. (cc: Planning & Development/Administration, Comprehensive Planning, Supervisor of Elections)
19. Letter dated January 17, 2002 from Janet Dougherty/City of Sanford to County Manager RE: annexation of 2.15 acres of property between S.R. 46, Smith Canal Road & Sewell Road and Rinehart (4401 W. SR 46). (cc: Planning & Development/Administration, Comprehensive Planning, Supervisor of Elections)
20. Letter of appreciation dated January 17, 2002 from J. Suzy Goldman, Library and Leisure Services Director to Ms. Kathy Austin with copies to Board and Library Services Manager.
21. Email dated January 22, 2002 from Ronald A. Payne to Board and other various governmental officials with copies to County Manager RE: opinions regarding gift and money to elected officials. (cc: County Attorney)
22. Email dated January 19, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
23. Email dated January 20, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
24. Email dated January 21, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
25. Email dated January 22, 2002 from Art Ackerman to Board and others as noted RE: dangers of CR 427 to bicyclists and the need for bike lanes. (cc: County Manager, DCM/Frank, DCM/Sherman, Public Works Director, County Engineer, Traffic Engineer)
26. Email dated January 22, 2002 from Orange County Chairman Richard T. Crotty to Chairman RE: update to Orange County Convention Center expansion. (cc: Board, County Manager, Economic Development Director, Tourist Development Director)
27. Email dated January 18, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
28. Email dated January 22, 2002 from Gary and Susan Lublin to Commissioner Henley with copy to Chairman RE: opposition to Emmer/Portofino apartment complex. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Planning Manager)
29. Email dated January 22, 2002 from Kathleen Stansfield to Board RE: opposition to Portofino student housing. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Planning Manager)
30. Email dated January 22, 2002 from Carla Holoman to Board RE: opposition to student housing development on McCulloch Road. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Planning Manager)
31. Email dated January 22, 2002 from Jeff Morrison to Chairman RE: opposition to Emmer/Portofino apartment complex project. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Planning Manager)
32. Email dated January 22, 2002 from Dena & Joe Wheeler to Chairman RE: opposition to student housing development on McCulloch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Planning Manager)
33. Email dated January 22, 2002 from Francine Brann to Board RE: opposition to Emmer/Portofino apartment complex. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development Director, Planning Manager)
34. Email dated January 22, 2002 from Lou Musica, Clear Channel Outdoor, to Board and others as noted RE: Transit Shelter RFP, Agenda Item #50. (cc: as noted)
35. Email dated February 2, 2002 from Debra and Abol Moulavi to Board RE: opposition to proposed student apartment complex on McCullough Road. (cc: Planning & Development/Administration, Planning)
36. Copy of letter dated January 29, 2002 to Florida Department of Transportation from Jeff Billington with copies to City of Sanford Officials RE: roadside conditions at I-4 and S.R. 46. (cc: Board, County Manager, Public Works Director, Planning & Development/Administration)
37. Email dated February 3, 2002 from Morris & Lillian Abramowitz to Chairman with copies to Board RE: support for rezoning request for Jewish Senior Housing Counsel’s Senior Village. (cc: Planning & Development/Administration, Planning)
38. Email dated February 4, 2002 from Diane Wink to Chairman RE: opposition to student housing request on McCulloch/Lockwood Roads. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning)
39. Email dated February 2, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
40. Email dated February 4, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
41. Copy of letter dated January 28, 2002 from Geraldine D. Zambri/City of Longwood to County Manager RE: ordinance of annexation of property at 1290 and 1350 S. U.S. Hwy 17/92. (cc: Planning, Property Appraiser, Supervisor of Elections)
42. Email dated February 1, 2002 from Connie Herdt to Chairman RE: opposition to student apartment project on McColluch Road. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning Manager)
43. Email dated February 1, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
44. Email dated January 31, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
45. Contract for Services, as shown on page _______, between Seminole County and Rodney Fessler and Jose Perez.
46. Copy of letter dated January 30, 2002 from Kenneth M. Roberts/Public Safety Director to Andre Broussard in appreciation for recent donation.
47. Copy of letter dated January 29, 2002 from Tracy Morgan to Planning & Zoning Commission members RE: consideration of interpretation of County code as it pertains to home instruction. (cc: Board, County Manager, Planning & Development/Administration, Planning)
48. Letter from Margaret G. Blakely to Board RE: opposition to Time Warner expansion in Winter Park. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning)
49. Letter dated January 28, 2002 from Washington County Board of County Commissioners to elected officials RE: Requesting support of House Joint Resolution 81 in support of allowing freedom of prayer back into our public school system. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
50. Letter dated January 27, 2002 from Dona Jimenez to Chairman RE: support of home swimming lessons. (cc: Board, County Manager, Planning & Development/Administration, Planning)
51. Letter dated January 22, 2002 from Patty Mueller to Chairman RE: support of home swimming lessons. (cc: Board, County Manager, Planning & Development/Administration, Planning)
52. Notice of Public Hearing on February 21, 2002 from Michael Skat, Sanford Planning & Zoning Commission to consider dimensional variance at 101 Bush Drive from 50 feet to 169 feet. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning)
53. Notice of Public Hearing on February 21, 2002 from Michael Skat, Sanford Planning & Zoning Commission to consider rezoning 101 Bush Drive from Multi-Family Residential to General Commercial. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning)
54. Notice of Public Hearing on February 21, 2002 from Michael Skat, Sanford Planning & Zoning Commission to consider comprehensive plan amendment from Medium Density Residential to General Commercial. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning)
55. Copy of Fax to John Thomson/Planning & Development dated January 28, 2002 from Meredith Harper/Shutts & Bowen with copies as noted RE: Nobel Learning Center Site Plan. (cc: Board)
56. Letter dated January 25, 2002 from Jack A. Freeman to Chairman re: Proposed I-4 rest area. (cc: Board, County Manager, Planning & Development/Administration, Planning)
57. Copy of Fax to Tony Matthews/Planning & Development dated January 28, 2002 from Kenneth W. Wright/Shutts & Bowen RE: Nobel Learning Center continuance of site plan application process. (cc: Board, Planning & Development/Administration, Planning)
58. Letter dated January 27, 2002 from Hazel Abraham to Chairman RE: opposition to Time Warner Cable development in Winter Park. (cc: Board, County Manager, Planning & Development/Administration, Development Review, Planning)
59. Copy of email dated January 27, 2002 from Stew & Elsie Fritz/Tanglewood Area Civic Association President to Orange and Seminole County RE: community opposition to Time Warner facility. (CC: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development, Public Works)
60. Email dated January 28, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
61. Email dated January 29, 2002 from Mr. & Mrs. Craig M. Conner to Board RE: opposition to student apartment project on McCulloch Road. (cc: County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Planning)
62. Contract for Services, as shown on page _______, between Seminole County and Eugene Hoffman.
63. Copy of letter dated February 4, 2002 from Joe Gasparini/Parks & Recreation Manager to Support Services Administration in appreciation of recent donation for memorial tree. (cc: Board, Library & Leisure Services Director)
64. Copy of letter dated January 30, 2002 from Ronald W. McLemore/City of Winter Springs Manager to the Dyson homeowner residents RE: upcoming annexation, notice of public meeting and special election notice. (cc: Board, County Manager, Deputy County Managers, Planning & Development/Administration, Planning)
65. Copy of Fax to Planning & Zoning Commission dated February 4, 2002 from Estelle Klein in support of the senior citizen facility at Lake Mary Blvd. & International Pkwy. (cc: Board, Planning & Development/Administration, Planning)
66. Email dated February 5, 2002 from Douglas C. Engley to Board RE: opposition to Portofino apartment complex on McCulloch and N. Tanner Roads. (cc: County Manager, Deputy County Managers, Planning & Development/Administration, Planning)
67. Email dated February 5, 2002 from George T. Morris, Jr. to Chairman RE: opposition to Emmer/Portofino apartment complex. (cc: Board, County Manager, Deputy County Managers, Planning & Development/Administration, Planning)
68. Contract for Services, as shown on page _______, between Seminole County and Gerald F. Meter.
69. Email dated February 4, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
70. Email dated February 5, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
71. Letter dated February 1, 2002 from Glen Perrigan, Florida Department of Environmental Protection to Chairman with copies as noted RE: Appreciation and success of Seminole County’s participation in Small Quantity Generator of Hazardous Waste Assessment Notification and Participation Program. (cc: Board)
72. Letter dated February 4, 2002 from Charles W. Clayton, III/Homebuilders Association of Mid-Florida (HBA) to Chairman RE: HBA support for the addition of a Plumbing/Mechanical Inspector position to perform required gas inspections required by New Florida Building Code. (cc: Board, Planning & Development/Administration, Building)
73. Email dated February 7, 2002 from Gary Scarboro, Apartment Association of Greater Orlando to Board RE: Support of the Emmer/Portofino project. (cc: Planning & Development/Administration, Planning)
74. Email dated February 7, 2002 from Peter & Joyce Wood to Board RE: opposition to Emmer Development. (cc: Planning & Development/Administration, Planning)
75. Email dated February 7, 2002 from Doyce Garner to Chairman RE: letter of opposition to swimming lessons in Foxspur. (cc: Board, CM, DCMs, Planning & Development/Administration, Planning)
76. Email dated February 7, 2002 from Chris Acosta to Chairman RE: opposition to Emmer/Portofino complex. (cc: Board, Planning & Development/Administration, Planning)
77. Email dated February 7, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
78. Copy of letter dated February 6, 2002 from John Mercer, City of Sanford Community Redevelopment Agency to Mayor and City Commission RE: support and commitment of $120,000 annually into the Hotel/Conference Center Project. (cc: Board)
79. Copy of email dated February 7, 2002 from Noreen Hodapp to Commissioner Morris RE: copy of letter from Pat Warren regarding the intentions of her vote on March 8, 1994 regarding Palomino Center PUD. (cc: Board)
80. Letter dated February 5, 2002 from Lennon Moore, FDOT to Chairman RE: Transportation Enhancement Funding. (cc: Board, Public Works Director, County Engineer, Planning)
81. Letter dated February 5, 2002 from Michael Snyder, FDOT to Chairman RE: acknowledgment of receipt of letter regarding concerns over Interstate 4 rest areas. (cc: Board, Public Works Director, Planning)
82. Notice of Public Hearing on February 18, 2002 from the City of Oviedo RE: Land use changes for Wal-Mart Stores East, Inc. (cc: Board, CM, Planning & Development/Administration, Planning)
83. Letter dated February 6, 2002 from Dianne Pickett Culpepper, Time Warner Cable to Chairman RE: addition of new iControl services. (cc: Board, County Manager, Cable Franchise Coordinator)
84. Email dated February 7, 2002 from Lawrence J. Wink to Chairman RE: comments on student housing project on McCulloch Road. (cc: Board, CM, DCMs, Planning & Development/Administration, Planning)
85. Email dated February 6, 2002 from Kenneth L. Reams, III to Chairman RE: opposition of rezoning request on Old Lockwood & E. McCulloch. (cc: Board, Planning & Development/Administration, Planning)
86. Email dated February 6, 2002 from Paul & Elizabeth Toomey, Steeplechase residents, to Chairman RE: opposition to swimming lessons in subdivision. (cc: Board, CM, DCMs, Planning & Development/Administration, Planning)
87. Email dated February 6, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
88. Email dated February 6, 2002 from Robin Coghlan to County Manager RE: request for County intervention and opposition to Time Warner Cable expansion in Winter Park. (cc: Board, Planning & Development/Administration, Development Review)
89. Email dated February 10, 2002 from Monarcha Marcet to Chairman RE: Editorial to Seminole Herald on the appearance of the conference center. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
90. Email dated February 10, 2002 from Michelle R. Tamir to Chairman RE: support of the Jewish Senior Housing Council rezoning. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, Planning & Development/Administration, Development Review, Planning)
91. Email dated February 10, 2002 from George Garner to Chairman RE: Opposition to Proposed Home Occupation Code Changes. (cc: Board, County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration, Planning)
92. Email dated February 9, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
93. Email dated February 10, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
94. Email dated February 11, 2002 from Victor Fernandez to Chairman RE: opposition to home swimming lessons. Board, County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration, Planning)
95. Copy of letter to Carol & Daniel Gilligan from Joe Gasparini, Parks & Recreation Manager RE: Appreciation for recent donation.
96. Emails in opposition to the Emmer/Portofino Student Housing Project on McCulloch Road from the following: Brent & Mary Craig, Jeff Melnick, Diane Wink, Ronald G. Corlew, Hugo Carballosa, Maureen Bradley, Beverly Tredray, Paul Hession, Don Rothas, Jim Moore, Linda Collette, Mark & Audrey Dickie, Linda & Michael Schmid, Richard Whitman, Robert Jorett, Barry & Carol Savchuk, Carl M. Cunningham, Harry A. Sotomayor, Clint Nye & Family, Mike & Betty Miller, Michael Haralambous, Elaine Powell, Linda Rossel, Ben Garlington, and House Speaker Tom Feeney. (cc: Board, Planning & Development/Administration, Planning)
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to appoint/reappoint the following:
Mike Barr to the Historical Commission for a one-year term ending January 2003;
Gertrude Lukas to the Historical Commission for a two-year term ending January 2004;
Deborah Schafer to the Agriculture Advisory Committee for a one-year term ending January 2003.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Chairman McLain said if there are no objections, he would instruct staff to move forward.
Mr. Grace advised if the Board so authorizes, unless there is a problem, he would not have to bring this back to the Board.
There were no objections by the Board.
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Commissioner Morris said his office tracks the telecommunication towers and Board of Adjustment decisions with respect to how the appeals will be heard. One of the last approvals was in Commissioner Maloy’s district. It is at Red Bug Road where a series of high Florida Power poles were just replaced. The tower is close to the residential area. He said the Board’s direction has been that wherever possible, to co-locate with the Florida Power light pole. The applicant indicated he had contacted the representative from Florida Power on this site; however, the representative said he was never contacted. Commissioner Morris asked the Board to consider appealing the approval of this tower by the Board of Adjustment.
Chairman McLain said with no objections, the Board would appeal this approval.
Commissioner Maloy said there is apparently some conflicting information.
Chairman McLain held the discussion on this item to allow Commissioner Maloy to look over some information regarding same.
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Commissioner Morris complemented Commissioner Henley on Global Warming for bringing the energy initiative to the Board, and said Seminole County was the first county to move forward with that. In combination with that, the deal with the Sierra Club and others have continued to go forward. One of those is that the County was invited to the Hybrid Vehicle Energy Tour at the Orlando Science Center. He said Commissioner Henley was one of the speakers. Commissioner Morris discussed some of the uses for the hybrid vehicles and said he drove one and was surprised at the power of the vehicle.
Commissioner Henley stated he has a packet of information on the cars to provide to Mr. Grace. He said he was really impressed and surprised with the vehicle. He encouraged the Board to look into it.
Mr. Grace advised Commissioner Maloy that staff is already looking into the uses of the vehicles and may be able to bring a report to the Board at mid-year. If not, staff may look to do this in the next budget year.
Commissioner Van Der Weide said to check and make sure there are dealerships to service the vehicles. Mr. Grace stated that apparently there is already a State contract for that.
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Commissioner Morris discussed historical markers authorized by the Commission. He said although a lot of the historical markers go back to the early history of the County, there is a lot of current history being made too. He said the Women Soccer Team trained at the Sylvan soccer fields won a World Cup and then the first gold medal, and the County does not have a marker. He suggested putting a historical marker at the fields so people will know in the future that something really important did happen.
Chairman McLain and Commissioner Henley said they believe it’s a good idea to memorialize that. Whereupon, Mr. Grace said he would follow up on that.
Commissioner Maloy returned to discussion of the telecommunication tower recently approved by the Board of Adjustment. He asked if the residents in District Two were aware of the appeal process.
Matt West, Planning Manager, addressed the Board to state he doesn’t believe anyone from the affected neighborhood spoke at the Board of Adjustment meeting. The only speakers were from the cell tower company and staff. He said he doesn’t know if the applicant contacted the correct people at Florida Power. At the meeting, he asked about the station that was a little further south.
Commissioner Maloy stated he would not be opposed to appealing the tower approval.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to appeal the decision of the Board of Adjustment to approve a telecommunications tower at Red Bug Lake Road and Dovera Drive.
Under discussion, Commissioner Henley stated he thinks it is appropriate for the Board to look at this because he doesn’t want to approve it when it could have been in error. They should look at it and err on the side of caution.
Commissioner Maloy said he thinks there are some areas further out from Red Bug that would be more aesthetically pleasing.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman McLain advised Mr. Grace to notify the applicant that there will be an appeal.
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Commissioner Henley stated he received a letter from Dr. Joseph Siry this morning asking if the Board would send a letter or contact the lobbyist and let him know the County’s position with regard to the Resolution passed on Global Warming.
Chairman McLain said he sees no problem with that so they could move that forward.
Commissioner Henley said the Board could notify Dr. Siry that the Board will contact their lobbyist.
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Chairman McLain stated he was contacted late yesterday afternoon by a homeowner off Old Post Road and has spoken to staff regarding the trail along Markham Woods Road and some right-of-way restrictions. He said he would go out and take a look at this.
Commissioner Henley said he was willing to authorize the Chairman to exercise his judgment along with staff and the County Manager to deal with this issue.
Chairman McLain said he would move forward with staff to evaluate this and come up with solutions without setting a major precedence.
COMMITTEE REPORTS
Commissioner Henley stated that on Friday evening, he was invited to a celebration of the retirement of seven of the County firefighters. He said it was very well carried out. He asked Chairman McLain to update the Board on the water issue.
Commissioner Maloy reported he had a CALNO meeting the other day and there was a presentation on the lawsuit regarding the electric utilities in Casselberry. He said he would provide a copy of the tape to the Board.
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Commissioner Van Der Weide stated that with regard to the MPO that everything seems to be going relatively smooth and quiet. The MPO did hire a lobbyist and went through the RFP process. About a week ago, he was in Tallahassee and communicated with a lot of legislators and he was very impressed with the lobbyist’s knowledge of the process and players involved. He thinks when the time is right, their efforts towards the $2 a day surcharge on rental cars would be obtainable. He said they have some very exciting issues that will be addressed in the very near future regarding commuter rail and some of Congressman Mica’s suggestions, and he will bring that back to the Board’s attention.
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Chairman McLain stated he attended the Summit in Orange County last week concerning water. This was hosted by two Water Management Districts. Over the last year, they have been bringing to everyone’s attention that they need to be prepared for water shortages if and when they come and how to deal with those issues. He reported the two pilot projects they are working on with Oviedo and Orange County on the Iron Bridge with reclaimed water to use more reclaimed and less potable water for irrigation and things of that nature. He also reported on the pilot project on Lake Monroe with Volusia County and Sanford on the surface water treatment plant. He said they will continue to have meetings and will continue to keep the Board apprised of that. Now they are just bringing everybody up to speed on where they are and where it looks like they’re going and what their groundwater resources are.
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Commissioner Van Der Weide stated as follow-up on the MPO, he addressed the Hillsborough County MPO and walked away with an endorsement of the efforts on I-4 Corridor Alliance regarding the County’s fair share of the rental car surcharge. The Alliance is growing monthly. He feels confident that when the legislative push comes, there will be a lot of help.
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Commissioner Henley said he wants to remind the Board that two years ago, they held several meetings with Volusia County on the feasibility of a water plant. He contacted Mel Martinez then and he’s glad to say they are starting to look at that. He said Volusia County has an 11-member authority board and they tried to make it plain to them that Seminole County is not interested in becoming a part of an 11-member board. He thinks they need to be cautious about the size of the partnership, otherwise, they will wind up like the water board. He said they can’t wait five to 10 years to start something. Since money is available through the federal government, he thinks it is time for the Board to aggressively lobby Washington to help finance an operation. He hopes they are looking not only at the feasibility but at how to get support so that it is not borne solely by the local taxpayers.
Mr. Grace said he thinks the key is how they are going to partner. They need to figure out what that partnership is going to look like. The three-year study is going on and they are in the second year. That will tell them a lot on where the best place on the river will be. He thinks now is the time to get the political framework together and then can go after the money.
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Commissioner Morris stated he appreciates Commissioner Van Der Weide’s work on the MPO regarding the surcharge. He believes the incoming FAC (Florida Association of Counties) president will have more sympathy than the current president.
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Commissioner Morris advised he was elected as Vice President of the Florida Planning Council Association. Also, this Friday, he will be one of the speakers for the UCF First Regional Conference being held in downtown Orlando. He will be representing local governments.
Mr. Grace reminded the Board that the County did hire a consultant that will be working on an alternative water supply plan.
Commissioner Van Der Weide stated he thinks it is important to know that the County is in no way in a crisis mode, and important that the public know that Seminole County does have a plan they have been working on regionally. That is a fact he would like made that there is an on-going program and the Board is aware of this issue.
COUNTY MANAGER’S REPORT
Mr. Grace stated a couple of meetings ago, the Board asked staff to look at the possibility for changing the name of CR 427 to Ronald Reagan Boulevard. Mr. McMillan distributed copies of the two basic processes (received and filed). The Board reviewed the procedures for a street name change or honorary highway markers and discussed same.
Commissioner Morris stated the Board was trying to rename the road, yet allow for flexibility.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt the street name change changing CR 427 to Ronald Reagan Boulevard; authorize the staff to use the optional addressing system; and authorize the County Manager to enter negotiations with the Cities of Longwood and Sanford to affect a street name change for CR 427.
Under discussion, Commissioner Henley stated he could support the motion; but he would not be in favor of businesses having to change their addresses.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Mr. Grace stated he has been watching the budget closely and he is happy to report the County, at this point, has not seen any major impact since September 11, 2001. He has not felt the need to take any budget action at this point. He said staff is still watching closely on a month-to-month basis. He will provide a detailed update at mid-year. He said the County is doing very well and he doesn’t think they need to do anything at this time.
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Chairman McLain recessed the meeting at 2:49 p.m., reconvening at 7:02 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to PUD (Planned Unit
Development), and approval of Development Order; property located ¼ mile south
of Red Bug Lake Road, east of Brooks Lane and west of Mikler Road, Ellsworth
Gallimore, received and filed.
Jeff
Hopper, Planning, addressed the Board to advise the applicant is proposing to
develop 178 lots at a density of 2.4 units per net buildable acre and 1.65
units per gross acre. The preliminary
PUD plan shows lots of a minimum size of 9,000 sq. ft., a minimum of 75 ft. lot
width and the minimum house size of 1600 sq. ft. He reviewed the future and surrounding land uses as outlined in
the agenda memorandum. He stated access
to the site will be from Brooks Lanes to the west and Mikler Road to the
east. The applicant has agreed to
provide a pedestrian access to the subdivision in an existing 16 ft.
right-of-way linking the subject property with Red Bug Lake Road along the
north-south alignment extending to Citrus Road. Primarily elementary school children walking north along Citrus
Road will use this access. He added
that included within the site are approximately 33 acres of wetlands, which are
being preserved as an open space amenity.
Open space includes a neighborhood park, wet retention ponds and
buffers. Landscaping on the site will
be provided at the main entrance of Brooks Lane, with a 10 ft. buffer along
Mikler Road, which will include a 6 ft. masonry wall. The building setbacks will be a 20 ft. front yard, 25 ft. rear
yard and 7.5 ft. side yard. A 30 ft.
buffer will be provided along the southern boundary of the site so that no lots
will directly touch Suburban Estates land use areas. The applicant will also dedicate an additional 40 ft. of
right-of-way and contribute to improvement cost for Mikler Road. He said staff recommends approval of the
request subject to the following highlighted conditions: (1) Establish a pedestrian access on
existing 16 ft. Citrus Road right-of-way connecting the site to Red Bug Lake
Road; (2) The developer shall dedicate sufficient property along Mikler Road to
provide a 40 ft. half right-of-way, and contribute a fair share payment to
improve Mikler Road; (3) The developer will provide a 15 ft. utility easement
across the southern portion of the site prior to Final Plat approval; and (4)
The developer will install a southbound left turn lane at the Brooks Lane
entrance.
Upon
inquiry by Commissioner Maloy, Jean Abi-Aoun, Development Review, addressed the
Board to advise staff has just finished an agreement with the developer and
they have agreed to provide a 30 ft. utility easement. The alignment will be changed along the new
roadway, and when that alignment is finalized, that is where the 30 ft. utility
easement will be located. He stated
staff has added the following two recommendations: (1) The developer has agreed to provide a drainage easement on
the existing wetland along the left side of the property with the exception of
the access road; and (2) A 20 ft. drainage easement will be provided along the
north 20 ft. of the southern 40 ft. along the property line. The wetlands will also be an easement as
well.
Mr.
Hopper informed Commissioner Maloy that the developer has agreed to look into
the feasibility of the Citrus Road right-of-way based on Development Review
recommendations.
Upon
inquiry by Commissioner Morris, Mr. Abi-Aoun advised the traffic signal on
Mikler Road will take place after the subdivision is approved and that is based
on a traffic study.
Allen
Carpenter, Project Manager of Conklin Porter & Holmes, addressed the Board
to state Mr. Gallimore has spent a lot of time and effort putting this together
to accommodate his neighbors, minimize impacts to the wetlands, and provide a
plan that is acceptable to staff. Based
on staff conditions relative to the drainage and water easement, he is in
agreement.
Greg
Pryor, 1478 Thornhill Circle, addressed the Board to state he is representing
the Red Bug Road Coalition. He stated
he would like to compliment Mr. Gallimore for taking the time to talk and meet
with the residents. He said he likes
the idea of having a minimum 2,000 sq. ft. house. He added he would like a 10 ft. buffer on the property line be
undisturbed and that be made part of the deed restrictions. He said the road and property issues have
been resolved.
David
Cass, 2100 Mikler Road, addressed the Board to state he would like to know if
there will be a Brooks Lane access. He
stated he is concerned that if the developer does not provide access for Brooks
Lane, then all of the traffic will access onto Mikler Road. He said he would like to stipulate that the
Brooks Lane access would be a requirement to share the burden of traffic.
Don
Fisher, Planning & Development Director, addressed the Board to advise
since this is a PUD rezone, any changes to the preliminary master plan will
require another public hearing.
Hal
Kantor, representing Barett Farms, addressed the Board to state he would like
the staff’s report changed to reflect that the property is not undeveloped as
it has been an operating stable and training facility for several years. He stated his client is very concerned about
maintaining their business on that site.
He said the three concerns he has are the location of the access to
Brooks Lane, drainage problems in the area and the County’s desire to have a
water line that would run on the southern line of the property. He stated his concern relates to the
drainage line on the north 20 ft. of the south 40 ft. of the site. He said he would like to ask the County to
look into, without damaging Mr. Gallimore’s project, placing that drainage line
in a different location. He added they
would like to maintain that area to the south in its natural state. Therefore, he would like to minimize it and,
if possible relocate it. He stated he
does not oppose the rezoning.
Chairman
McLain read comments from Patrick Joyce and Lisa Diehl. Written Comments Forms from Warren Turner
and Teresa Riedel were also received and filed.
Mike
Lamotto (phonetic) addressed the Board to state the main concern he has is the
southbound turn lane off of Brooks Lane into the development. He stated he cannot understand the reasoning
for this.
Mr.
Abi-Aoun stated he believes there is enough existing right-of-way and staff can
work with the developer relative to any additional right-of-way.
Discussion
ensued relative to the turn lanes and the traffic study.
Upon
inquiry by Commissioner Maloy, Mr. Abi-Aoun advised staff could support
exploring taking the drainage through the pond system. He stated if the applicant agrees to provide
a 20 ft. drainage easement from the wetlands to Bear Gully Canal, the final
alignment will be made prior to final engineering approval and that could be
made as a condition.
Ellsworth
Gallimore, applicant, addressed the Board to advise he is willing to give an
easement wherever it is needed to help improve the drainage. He stated he has spoken to the owner of the
property to the south and he believes she will cooperate. He added he is willing to pay his fair share
of the traffic light at Mikler Road.
Commissioner
Maloy stated he would like staff to make note of that.
No
one else spoke in support or in opposition.
Speaker
Request Forms and Written Comment Forms were received and filed.
Upon
inquiry by Commissioner Maloy, Mr. Abi-Aoun advised staff will include the
following to their recommendations: (1)
The developer has agreed to provide a 30 ft. water main utility easement that
will follow the subdivision lot right-of-way, which will extend between Brooks
Lane and Mikler Road. The final
alignment will be determined prior to final engineering approval; and (2) The
developer will dedicate a drainage easement over the existing wetland located
on the west side of the property. The
County will be allowed to store additional stormwater runoff to attenuate flow
from off-site areas without adversely impacting the Kenmure Subdivision. A 20 ft. wide drainage easement will also be
dedicated to Seminole County beginning at the east side of the existing wetland
extending east to the Bear Gully Creek easement line. The final easement alignment will be finalized prior to
engineering approval.
Commissioner
Morris stated that may be an issue that needs to be brought back to the Board.
Commissioner
Maloy stated he would like to be updated on that.
Matt
West, Planning Manager, addressed the Board to advise the recreational uses
will be determined at the final master plan.
He stated the developer will include the 10 ft. on the northern side in
the deed restrictions.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt
Ordinance #2002-5, as shown on page ________, rezoning to PUD (Planned Unit
Development), and approval of the Development Order, as shown on page ________;
property located ¼ mile south of Red Bug Lake Road, east of Brooks Lane and
west of Mikler Road, as described in the proof of publication, Ellsworth
Gallimore, subject to the conditions outlined by staff.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to RP (Residential
Professional), and approve Development Order; property located on the east side
of Tuskawilla Road, 0.1 mile north of SR 426, Hugh Harling, Harling Locklin
& Associates, received and filed.
Mr.
Hopper stated the proposed site plan shows 12,000 sq. ft. of office space in
three buildings. He reviewed the
existing and future land uses in the surrounding areas. He stated staff’s main concern relates to
the compatibility with the developed single-family subdivision in the LDR area
to the north. Compatibility may be
achieved through sensitive design standards such as buffers, limited building
heights and architectural controls.
With proper site design, staff feels that the proposed office use may be
an effective transition between commercial to the south and low-density
residential neighborhoods to the north.
The applicant has agreed to provide active buffers along the north
property line and adjacent to the day care facility. Because of the irregular shape of the parcel, the applicant is
requesting waivers to reduce active edge building setbacks and buffer
widths. Staff recommends approval of
the request subject to the following:
(1) Active buffers along the north property line and adjacent to the day
care facility subject to waivers of building setback and buffer widths; (2)
Applicant shall provide a 6 ft. brick wall adjacent to the day care site and
between the two north buildings along the north edge of the parking area; (3)
Building height shall not exceed 1 story; (4) No vehicular trail crossing shall
be permitted; (5) All buildings shall have hip or gable roofs; (6) Buildings
must be designed with residential style architecture; (7) North buildings shall
have motion-sensor security lights only; and (8) There shall be no parking lot
lighting fixtures within 100 ft. of the rear lot lines of the residential
lots. Maximum height of these fixtures
shall be 15 ft. All illumination shall
be directed downward.
Hugh
Harling, Harling Locklin & Associates, addressed the Board to state he is
in almost complete agreement with staff’s recommendations. He stated he has met with the homeowners and
they have indicated that they would like the lighting issue addressed. The homeowners have also indicated that they
would like additional enhanced landscaping along Tuskawilla. He stated both issues have been addressed,
and he reviewed same as indicated on the site plan (received and filed)
submitted. He addressed the issue of a
right-in for traffic traveling south on Tuskawilla. He stated the property to the east of the 7-11 store will have a
commercial component, and the property behind has an office component and it
will be similar to the Bay Tree Office Park in Lake Mary. Cross access easements will be provided to
eliminate the need for people to get out into the Tuskawilla and Aloma
intersection. He said the applicant has
agreed to give the church located to the east a cross access easement as
well. He referred to a vehicular crossing
of the trail to the south. He stated
his desire is to raise that entire trail, which basically will be a speed hump,
with stop signs on both sides so that any vehicular traffic will be slowed by
the speed hump and stop signs. The
crossing of that trail crossing will be expanded to 130 ft.
Upon
inquiry by Commissioner Maloy, Mr. Harling advised he has agreed with reducing
the active edge buffer from 25 ft. to 10 ft.
Discussion
ensued relative to the next trail crossing, cross access easements, who will be
using those easements, and the ingress and egress to the north.
David
Martin, Engineering, addressed the Board to state this trail is owned by the
State and is leased to the Office of Greenways and Trails with a sublease to
Seminole County, and the County is the managing authority of this trail. He stated staff is 100% against the crossing
of the trail as they feel it is detrimental to the safety of the trail
users.
Upon
inquiry by Commissioner Van Der Weide, Mr. Martin advised staff is definitely
against crossing the trail with vehicular traffic for commercial developments
because of the conflicts with the citizens and their safety. Discussion ensued.
Mr.
Martin explained for Chairman McLain how people can access the trail if there
is not a cross access easement. He
continued by discussing the safety of the trail.
Andrea
Holman, 1708 Clinging Vine Place, addressed the Board to state she is
representing the Central Florida Sierra Club and she is a recent appointee to
the Seminole County Greenways and Trails Advisory Committee. She stated she opposes the applicant’s
desire to cross the trail with a vehicular crossing. She said a vast majority of the voters supported the trails
referendum and this would be an inconvenience to the voters when they want a
safe trail system. She stated she
believes that the vehicular crossing has ramifications beyond this
project. This gives the Board an
opportunity to show how they will stand behind the Trail Protection
Ordinance.
Cory
Goodblood, 4661 Creekview Lane, addressed the Board to state he is not opposed
to the RP zoning, but he does have some concerns relative to the layout of the
current project. He asked if the
applicant has looked into hiring environmental consultants as there are
numerous gopher tortoise located on the property. He submitted photographs (received and filed) showing gopher
tortoise burrows on the site. He asked
if the applicant has looked into the mitigation and relocation of those
tortoises. He spoke in opposition to the
trail crossing, the proposed traffic impact, the number of buildings being proposed,
and the reduction of setbacks and buffers.
He stated he would like to see the active edge buffer reductions be
increased to what they should be. He
submitted a copy of his letter (received and filed) relating to his comments
into the Record.
Mr.
Hopper stated the waivers are based on the site plan submitted. He stated the reduction of the active edge
setback from 50 ft. to 30 ft. reflects the distance of the building from the
north property line.
No
one else spoke in support or in opposition.
Chairman
McLain read comments from Lisa Diehl.
Written Comment Forms from Gary Ruckstuhl, Teresa Riedel, Jeff Gisel and
Warren and Dolores Turner were received and filed. Speaker Request Forms were received and filed.
District
Commissioner Maloy stated he has concerns relative to the distance between the
trail crossing and road (10 ft.) and he is not in favor of that.
Motion by Commissioner Maloy, seconded by Commissioner Morris to adopt
Ordinance #2002-6, as shown on page ________, rezoning to RP, and approval of
the Development Order, as shown on page _________; property located on the east
side of Tuskawilla Road, 0.1 mile north of SR 426, as described in the proof of
publication, Hugh Harling, Harling Locklin & Associates with staff recommendations.
Under
discussion, Chairman McLain stated he does not support the trail crossing as
well because this particular crossing will encourage cut-thru traffic and he
can see where a lot of people will try to avoid the intersection by crossing
that trail.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain recessed the meeting at 8:20 p.m., reconvening at 8:30 p.m., with all
Commissioners in attendance.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from UC (University Community) to PUD (Planned Unit
Development) and approval of the Development Order; property described as 45.56
acres located at the northwest corner of McCullough Road and Old Lockwood Road,
Portofino/Philip Emmer, received and filed.
Kathy
Fall, Planning, addressed the Board to advise the applicant is proposing to
construct a student-housing complex consisting of 353 units and 816
bedrooms. She stated approximately 1/3
of the property is wetlands and is in compliance with the Econ River Protection
Area. She reviewed the existing and
future land uses as outlined in the agenda memorandum. She stated staff recommends approval of the
request subject to the following: (1)
The owner shall provide a 50 ft. wide landscaped buffer located on the west
property line consisting of plantings of canopy and sub-canopy native trees and
shrubs to create 100% opacity to a height of 6 ft. per the development order;
(2) Dedication of a 10 ft. right-of-way for McCullough Road; (3) No balconies
to be facing on the west side within 700 ft. of Madison Park; (4) No
encroachment in the wetlands and providing a 50 ft. upland buffer adjacent to
the wetlands; (5) The minimum parking ratio constructed shall be 1.1 spaces per
bedroom. In the event that the Planning
Manager believes that this ratio is deficient after the project has received
certificates of occupancy, he/she shall schedule a public hearing before the
Board. The Board shall hear the
evidence presented and should the Board find the existing parking to be
inadequate, then the developer shall construct, with a reasonable time to be
determined by the Board, a parking garage facility providing an additional 122
parking spaces, which shall meet all requirements of the Seminole County Land
Development Code. The Board, as part of
the approval process for the Final Master Plan, shall specify criteria for
determining the sufficiency of existing parking and the type and amount of security,
if any, to secure performance of this condition.
A
letter to Sandy McCann from Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham
& Simmons, advising that the evidence submitted at the public hearing will
be subpoenaed into Court if a challenge is made, was received and filed.
Upon
inquiry by Commissioner Maloy, Don Fisher, Planning & Development Director,
addressed the Board to advise staff would be willing to change their
recommendation if a conflict is found this evening and it violates the Seminole
County Comprehensive Plan.
Upon
inquiry by Commissioner Henley, Ms. Fall advised there is a power line easement
from Florida Power and Light (FPL) and the applicant has approval from FPL for
this development.
Attorney
Hal Kantor, Lowndes Drosdick Doster Kantor & Reed, addressed the Board to
submit a notebook (received and filed) consisting of the following:
1. Copy of Application for Change of Zoning requested by Philip Emmer filed on or about April 19, 2001.
2.
Staff report
and Agenda Memorandum for November 13, 2001 public hearing before the Seminole
County Board of County Commissioners.
3.
Proposed
Seminole County Development Order.
4.
Copy of
proposed PUD Plans for the project.
5.
Excerpts from
Introduction and Future Land Use provisions of Vision 2020 Comprehensive Plan
for Seminole County adopted May 8, 2001 by the Seminole County Board of County
Commissioners.
6.
Memorandum of
Law to Board of Seminole County Commissioners dated January 30, 2202 regarding
compatibility issues.
7.
Map –
Generalized Land Use UCF/McCulloch Road Area.
8.
Copy of Chapter
30, Zoning Regulations, UC University of Community District.
9.
Memo to R.
Harris, Chairman of Seminole County Land Planning Agency dated May 5, 1999 from
John Dwyer explaining the meaning of UC University Community District.
10.
Memorandum to
John Percy from Francis Chandler dated February 7, 2002, outlining the history
of University Community Zoning District (UC) and its relationship to HIP Land
Use in Seminole County, Florida.
11.
Seminole County
Concurrency Management System Analysis prepared by John J. Moore dated November
7, 2001.
12.
Summary of
Traffic Conditions for McCullough Road prepared by John J. Moore of Glatting
Jackson Kercher Anglin Lopez Rinehart dated November 8, 2001.
13.
Traffic Impact
Study Concurrency Review prepared for Seminole County by Glatting Jackson Kercher
Anglin Lopez Rinehart, Inc. dated January 2002.
14.
Seminole County
Traffic Concurrency Review Test dated February 7, 2002.
15.
Overview of
Parking Requirements for Student Housing prepared by Glatting Jackson Kercher
Anglin Lopez Rinehart dated November 8, 2001.
16.
Quiet Community
Notice for Tivoli Apartments by Emmer Communities.
17.
Memo and table
summary of Subdivision Recent Sales Activity prepared by Glatting Jackson
Kercher Anglin Lopez Rinehart for University Estates, Carillon, Creekwood and
Madison Park, dated February 12, 2002.
18.
Resume of John
H. Percy, Senior Planner, with Glatting Jackson Kercher Anglin Lopez Rinehart –
Expertise: Land Planning.
19.
Resume of John
J. Moore, Senior Transportation Planner, with Glatting Jackson Kercher Anglin
Lopez Rinehart – Expertise:
Transportation Planning.
20.
Resume of
Francis E. Chandler with Glatting Jackson Kercher Anglin Lopez Rinehart –
Expertise: Land Planning.
21.
Resume of Hal
H. Kantor of Lowndes Drosdick Doster Kantor & Reed, P.A., - Expertise: Land Use Law, Environmental Law and Zoning
Law.
22.
Resume of Rory
P. Causseaux, P.E., President of Causseaux & Ellington, Engineering Firm –
Expertise: Civil Engineering.
23.
Resume of Carl
Salafrio of Creative Environmental Solutions, Inc. – Expertise: Environmental Law.
24.
Resume of Philip
Emmer, developer of the Portofino project.
25.
Copy of
PowerPoint presentation for Portofino Apartments presented to Seminole County
Commission on February 12, 2002.
Mr.
Kantor displayed and reviewed the PowerPoint presentation consisting of the
following: Housekeeping Items
pertaining to Disclosure of Communications and Expert Witnesses.
Commissioner
Morris disclosed that he has had communications from parties on both sides.
Commissioner
Henley also indicated that he has had communications from both sides.
Commissioner
Van Der Weide stated he also had communications from both sides.
Commissioner
Maloy stated he has spoken with both sides as well.
Chairman
McLain stated he has also spoken with both sides.
Attorney
Kantor displayed a list of expert witnesses and stated he will accept these
individuals as expert witnesses without going through any process.
Robert
McMillan, County Attorney, addressed the Board to state the Board has never
used a process where they qualify witnesses as experts.
Commissioner
Morris clarified the Board will not accept these individuals as expert
witnesses but will receive testimony from each one.
Attorney
Kantor displayed and reviewed the basics of the site relating to the wetlands,
Comp Plan, Zoning, 252 Unit Apartment Community, Leases, Permitted Density,
Gross Density and Net Residential Density.
He continued by reviewing the Issues relating to the Chicken or the Egg,
Compatibility, Consistency, Traffic, Buffers and Setbacks, Lighting and Noise,
Student Behavior, Parking and Land Values as outlined in the notebook. He concluded by reviewing Why Should
Seminole County approve Portofino.
John
Percy, Glatting Jackson Kercher Anglin Lopez Rinehart, addressed the Board to
display a site plan (received and filed) and he discussed compatibility. He reviewed the surrounding areas and the
nearest homes to the site. He stated
the closest building is about 200 ft. from the closest home in University
Estates. He said the applicant will
provide a 40 ft. buffer between the right-of-way of McCullough and the nearest
parking. A 3 ft. hedge, a wrought iron
fence with columns and four canopy trees for every 100 lineal feet will be
provided. He added all of the homes on
the west will have a minimum 50 ft. landscape buffer running along the length
of the property, that includes a landscape buffer that achieves opacity of 6
ft. in height, which includes 8 canopy trees per 100 lineal feet and a wrought
iron fence. The pond is being treated as
an amenity and will be landscaped with a fountain. The code requires a minimum building setback of 100 ft. and it
will be 500 ft. The buildings will be
oriented so that the ends of the building are pointing toward Madison Park and
the balconies will be on the sides and recessed. The buffers and setbacks provided far exceed the code
requirements. He stated he hopes this
will provide a sensitive approach to the compatibility issues with their
neighbors.
Upon
inquiry by Commissioner Maloy, Mr. Percy advised the balconies will face to the
side and they are recessed.
Philip
Emmer, applicant, addressed the Board to state all buildings have a balcony and
the minimum distance from the property line is over 700 ft. where balconies
face. He submitted a copy of his
biography (received and filed) of what he has done for the last 60 or 70 years
of his life. He stated the decision the
Board makes tonight will have a far-reaching effect on Seminole County, UCF and
the hundreds of thousands of students that attend the school. He said his company has developed almost 77
housing units over the past 48 years.
He reviewed the management policies of his apartments. He reviewed some comments from the Tivoli
apartment complex staff. He stated he
rents only by the apartment, rents only by the year, and rents only
non-furnished apartments. Each resident
signs a lease and each parent or guardian signs as guarantor and is responsible
for all conditions. The Tivoli complex
has been opened since last July and there has only been one complaint from the
neighboring community. He said he
expects the residents to act in a responsible manner and if they do not, action
will be taken. He reviewed comments
from a resident relating to the quiet environment of the complex. He submitted a Petition, as shown on page ________,
from 332 residents at Tivoli. He stated
the petition indicates the name of the students’ hometown and they are students
who are here to get a good education.
He read the reasons for their support of the Emmer proposal.
Mr.
Emmer explained for Commissioner Maloy what their plans are for future bus
stops.
Commissioner
Morris asked Mr. Kantor if he expects the Board to review his booklet before
they render a decision, and if he has any objections if the Board did not have
an opportunity to fully review his information submitted.
Attorney
Kantor stated he wants the Board to take whatever time they need to make a
decision. He stated he believes he has
submitted competent substantial evidence, as defined by law, by having expert
testimony, written or oral. He stated
he would hope the Board will make their decision based on his statement of what
those conclusions are.
Upon
inquiry by Commissioner Henley, Mr. Emmer advised he only allows one resident
per bedroom and there will be occasional visitors. He stated a visitor can stay up to a week and that is written in
the agreement.
Cindy
Wills, 3218 Paisley Circle, addressed the Board to state she has lived in the
UCF area for almost 14 years and she has been the project manager for 11 years
and at Tivoli since it opened. She
stated they do not discriminate renting these apartments and you do not have to
be a student to live in these apartments.
Conventional leases are offered upon approval and they take up to 30 to
45 minutes to go over each of the resident’s leases. If the complex receives a complaint, a notice is sent to the
renter and if there is a second notice, they are advised they will be fined
$50.00. The parents will be notified if
a third notice is sent and a $50 fine is assessed. She stated the complex encourages the Sheriff’s office to patrol
their property.
Kevin
Reece, 212 Eastern Circle, addressed the Board to state when he attended UCF he
worked as an intern for the City of Maitland as a City Planner. He stated the people that moved out there
say they do not like the noise. He said
he doesn’t see, common sense wise, why people would be against something that
is already predicted to be this way. He
stated he is a member of the alumni and they eventually want a football stadium
built on the campus.
John
Polasek, 2731 Newark Way, addressed the Board to advise he represents the
owners of the property. He displayed a
future land use map (not received and filed).
He stated this property was purchased in 1986 because of the UC zoning,
which provides a number of university-related permitted uses. He said he has not had anyone from the area
asking what the future plans are for this property since 1986. There are three commercial projects and two
single family projects along this strip off Alafaya, Lockwood Blvd. and
Lockwood Road. He stated he would like
the property utilized the way the County has designated.
Laura
Plog, 4272 Spoleto Circle, addressed the Board to state she is a graduate
student at UCF and she works full-time teaching biology labs for UCF. She stated she chose UCF out of the other
universities in the country because their biology department was not
stagnant. She added the whole school
has visions and it is growing. She said
she and her two friends signed a lease at Tivoli Apartments and people have to
be responsible to live at this apartment complex. She added people have to understand that they have to work to
live at Tivoli and this apartment caters to her needs. She submitted a brochure (received and
filed) showing the plans available and what the units feature.
Jay
Ballard, 749 N. Garland Ave., addressed the Board to advise he is a past member
of the Orange County Student Housing Task Force. He stated the three primary issue statements were established for
the focus of the Task Force and they are:
managing the impact of off-campus housing, managing the impact of future
on-campus housing, and managing the impact of existing off-campus housing. He stated he believes the University has
been portrayed as the bad guy. The
reality where they find themselves today is UCF is primed to be the fastest
growing school in Florida’s university system.
UCF and the University of South Florida have announced that they have
capped their enrollment. UCF has
approximately 32,000 students today and by the year of 2010, there will be
40,000 students. He stated he feels
that this Board, the City of Oviedo, Orange County BCC and the University, as
well as the residents and neighbors should look further at the impact of UCF’s growth
as well as the corresponding growth of off-campus projects.
John
Dooley, 4290 Spoleto Circle, addressed the Board to state he is currently a
sophomore at UCF and a resident of Tivoli.
He reviewed his educational experience and stated he has come to the
conclusion that college students today are no less dedicated or no less hard
working, and they appreciate the value of focus. UCF is one of the fastest growing colleges in the nation and the
students can live closer to the campus or live 20 or 30 minutes away. That means the traffic will be
impacted. If this student housing is
allowed directly across the street from the University, the students then can
use the back entrance from McCullough, therefore, they will never approach
University Estates or Alafaya. He
pointed out the management style of Tivoli, which will be identical to
Portofino.
Ingrid
Sivertson, 4290 Spoleto Circle, addressed the Board to state she is a freshman
at UCF and lives at Tivoli. She said
she is extremely happy where she is and she believes part of that is due to her
living conditions. She stated Tivoli is
much different as it is extremely safe.
The apartment complex is well lit and well patrolled. She reviewed the parking spaces
available. She asked the Board not to
deny the students from living near the college.
Kyle
Selvig, 4290 Spaleto Circle, addressed the Board to state he is from
Jacksonville, Florida and in high school he took advanced classes and this
college has given him an opportunity to achieve scholastically. Tivoli is a place where he can focus on
being a student. He stated his younger
brother is a senior and he would like for him to have quality housing.
Margo
Feather, 4242 Spoleto Circle, addressed the Board to state she is a resident of
Tivoli Apartments and a sophomore at UCF.
She stated she is originally from Gainesville and she is very happy
living at Tivoli. She added the reason
she chose UCF was the reputation of it being a great school. She said UCF is here to stay and the
residents will have to accept the students.
Gary
Scarboro, 340 N. Maitland Ave., addressed the Board to submit a brochure
entitled “A New Housing Pardigam” and a handout relating to the “Truth about
Housing Choices” (both received and filed).
He referred to and reviewed page 2 of the handout. He stated he appreciates the Board’s support
of the Emmer project.
Upon
inquiry by Commissioner Maloy, Ms. Fall advised apartments can be in the Medium
Density designation as long as they are under the 10 dwelling units per acre.
Attorney Lonnie Groot,
Stenstrom, McIntosh Colbert Whigham & Simmons, addressed the Board to state
he represents Carillon Homeowner’s Association and University Estates
Homeowner’s Association. He submitted
70 Exhibits consisting of the following:
1.
Econ River
Wilderness Area brochure (non-color).
2.
Econ River
Wilderness Area brochure (color).
3.
Natural Lands
Properties Map.
4.
Resolution
#90-R-241, Natural Lands Program.
5.
Master Plan
(with parking garage) for February 12, 2002 BCC meeting.
6.
December 14,
2001 letter from Lonnie Groot to Kathy Fall.
7.
November 27,
2001 letter from Lonnie Groot to Kathy Fall.
8.
November 15,
2001 letter from Lonnie Groot to Kathy Fall.
9.
November 6,
2001 letter from Lonnie Groot to Orange County Commissioner Edwards with
petitions.
10.
November 12,
2001 letter from Commissioner Edwards to BCC.
11.
April 5, 1995
letter from John Dwyer to David C. Heath and Orange County decision re: Rybolt
development.
12.
Seminole County
Natural Lands Program maps.
13.
Seminole County
Greenways and Trails Master Plan.
14.
January 2, 2002
letter from Lonnie Groot to Kathy Fall with petitions.
15.
Public comment
cards, petitions, etc.
16.
8½ x 11 color
aerial.
17.
8½ x 11 color
future land use and zoning map.
18.
April 11, 2000
BCC agenda item re: Sam Carr rezoning application (L-2 to PUD), Commitment
list, aerial map, Table 2-1, correspondence, court decision and Seminole County
Response.
19.
Econlockhatchee
River Task Force Recommendations.
20.
March 16, 1990
Orange County comments to Seminole County proposals.
21.
Hi-Oaks West
PUD Development Order and related matters.
22.
Hi-Oaks West
DRC comments.
23.
Hi-Oaks West
Natural Lands Purchase BCC agenda item.
24.
Appraisal of
Hi-Oaks West Parcel.
25.
BCC Agenda Item
Rybolt 10 acre tract.
26.
October 3, 2001
Planning & Zoning Commission Minutes.
27.
October 3, 2001
Planning & Zoning Commission Agenda Item.
28.
DRC comments.
29.
“Park Space
Survey”.
30.
November 13,
2001 BCC Agenda Item.
31.
May 5, 1999
memorandum from John Dwyer to R. Harris.
32.
Draft
Development Order with staff notes.
33.
Notice of
Public Hearing.
34.
November 11,
2001 Seminole Herald article.
35.
Placard copy.
36.
October 2, 2001
e-mail from Matt West to Kathy Fall.
37.
Facsimile
Transmittal, October 1, 2001, from Kathy Fall to John Percy.
38.
County staff
notes relating to parking.
39.
Mr. Emmer
letter to Kathy Fall with County staff notes.
40.
April 26, 1999
letter from Alachua County Department of Growth Management to Mr. Emmer.
41.
E-mails of
October 18, 2001 between Don Fisher and John Percy.
42.
E-mail of
October 5, 2001 from Commissioner Maloy to Mr. and Mrs. Haug.
43.
October 2, 2001
e-mail from John Dwyer to Kathy Fall.
44.
October 18,
2001 e-mail from Mr. Emmer to Don Fisher.
45.
October 18,
2001 e-mail from John Percy to Don Fisher.
46.
October 2, 2001
e-mail from John Dwyer to Kathy Fall.
47.
Article re:
“Urban Sprawl”.
48.
January 31,
2002 letter from Steve Lee to Lonnie Groot.
49.
Article relating
to Pinecrest Lakes, Inc. v. Shidel and appellate decision.
50.
Affidavit of
Lonnie Groot.
51.
Land Use/Zoning
Compatibility Evaluation.
52.
Affidavit and
opinion.
53.
February 11,
2002 from Lonnie Groot to Sandy McCann.
54.
February 6,
2002 letter from Orange County Commissioner Edwards to BCC.
55.
E-mail from Tom
Feeney to Mr. Kosarzycki.
56.
Analysis of
Emmer/Portofino Apartment Development Proposal.
57-69.
Aerial maps.
70.
Video Tape of
Planning & Zoning Commission.
Attorney
Groot reviewed the issues that were presented to the Local Planning Agency
(LPA), the proposed parking spaces and the University Community zoning
classification. He displayed and
reviewed the Seminole County Land Development Code (received and filed) showing
a list of permitted uses and special uses.
The Code recommends that prior to issuance of any building permits
within a UC District, a complete site plan shall be reviewed and approved by
the Planning & Zoning Commission (P&Z). The P&Z did not approve the site plan but rejected it. He stated Section 30.548 indicates that
off-street parking and landscaping shall comply with the requirements contained
in Part 64, Chapter 3. He displayed HIP
land use designation Table 2.3 (not received and filed) of the Comp Plan and
stated an allowable zoning classification cannot be found. HIP allows up to 20 units per acre. There is not a University Community zoning
classification on the property and the only zoning classification on that
property is wetlands, W-1 and FP-1. He
stated 1/3 of the tract is wetlands and the entire parcel is not HIP. He stated his report shows about 55
different areas of the Comp Plan that are inconsistent with this project. He said Exhibit 26, Minutes of the Planning &
Zoning Commission (P&Z) show one reason that it is inconsistent with the
Comp Plan because of not meeting parking requirements. He reviewed the parking and the P&Z
Agenda Item #27. He stated this is a
plan that does not meet the parking requirements on the basis of
incompatibility. He quoted Mr. Kantor’s
comments from the P&Z minutes (page 22).
He stated the issue is compatibility, protection of the neighborhood,
and transitional land uses. He
displayed and reviewed Comp Plan Policy FLU 12.7 additional compatibility
standards. He reviewed Don Findell’s
comments and he displayed the aerial maps showing the surrounding and proposed
area, the last commercial tracts on Lockwood Road and the area single-family
residences.
Upon
inquiry by Commissioner Maloy, Ms. Fall advised 50,000 ft. of commercial was
approved and a 7-11 will be built at the corner of this project.
Attorney
Groot stated the one corner of a 7-11 does not justify a density of 9.27 units
per acre when your objective standard under the Comp Plan says 1 to 2 units per
acre. When apartments are compared to a
subdivision development (4 units to the acre) on that site, the apartments
generate 550 more average daily trips on a daily basis. If you assume a one dwelling unit to the
acre scenario, there are 1,390 more daily trips. He stated he hopes the Board will consider each and every one of
the 55 provisions in his report that show the proposal as being inconsistent
with the Comp Plan. The Seminole County
Comprehensive Plan is a cherished document as Seminole County went to the State
and asked for authority to plan this County.
He said this proposal violates the Comprehensive Plan, the Land
Development Code as to parking and other ways and it violates State law. He urges the Board to deny this
development. He displayed a proposed
motion (received and filed) to deny the rezoning on the basis that the proposed
zoning is inconsistent with the Seminole County Comprehensive Plan, the Land
Development Regulations, and other applicable law. At the request of Attorney Groot, almost all of those in
attendance stood up opposing the rezoning request.
Commissioner
Morris asked if Attorney Groot would have any objections to the Board making a
decision tonight without having the opportunity to review all of the
information submitted.
Attorney
Groot stated if the Board approves this development, he would use all the
information he submitted as evidence to have the Circuit Court overrule this
Board.
Roman
Kosarzycki, 3804 Becontree Place, addressed the Board to state he is a Board
member of an ad hoc committee and Attorney Groot told him that the Board
members are honorable men. He reviewed
some of the stories that Attorney Groot told him. He stated he is asking the Board to do what is best for the community
by not approving the apartment complex.
He stated the residents look to the Board to enforce the plan of the
County’s codes.
Keith
Schue, Central Florida Sierra Club, addressed the Board to read an excerpt (not
received and filed) from a publication of Seminole County’s Natural Lands
Program. He stated the residents know
that development will take place, but the real question is what kind of
intensity uses are appropriate next to a wilderness area. He displayed an aerial map (received and
filed) showing the Econ Wilderness area and the Orange County line. He said it is imperative that the Board
consider the impact on the adjacent natural lands. There will be more lights that will illuminate from the proposed
site and there will be more noise and traffic on the road. One of the things the County relies on is
the trends in the area. He submitted
photographs (received and filed) and stated the trends in these photographs are
toward single family residential.
Richard
Spence, 3688 Becontree Place, addressed the Board to state he lives in Madison
Park Subdivision. He reviewed the
development history of this portion of Seminole County. He stated under Florida law, the application
must be consistent with the Comprehensive Plan and comply with all zoning
requirements. He reviewed what the
Future Land Use element indicates. He
also reviewed the development trends and conditions that have taken place east
of Lockwood Blvd.
Paul
Hession, 14940 Lymington Circle, addressed the Board to state he is a resident
of University Estates and the neighborhoods in that area typify quiet and
crime-free neighborhoods. He stated
this proposed project is going to have an incredible impact on the
neighborhoods. He reviewed records of
homes sold in the area and the money that was lost due to student apartments
being nearby.
Linda
Dorian, 11438 Swift Water Circle, addressed the Board to state she lives in
Orange County and she believes that everyone agrees that they are proud of UCF,
but that doesn’t mean that they are not the growth problems that have to be
accommodated. She reviewed the crime
issues that this would create.
Ronald
Brook, 4632 Warrington Drive, addressed the Board to speak in opposition to
this project. He stated if the Board
goes against the majority of the residents, he would suggest putting in bicycle
paths, and putting something in to store the students’ bicycles. He stated since a lot of documents have been
submitted this evening, he would recommend that the Board make a decision after
they have reviewed all of the documents.
Susan
Eberle, 652 W. Palm Valley Drive, addressed the Board to state she concurs with
all the comments made this evening. She
read her comments from her letter dated February 12, 2002 relative to campus
housing crime. She submitted a letter
from her to Governor Bush requesting an investigation be launched relative to
UCF’s off-campus housing, and eight pages of Tivoli’s calls for service to the
Sheriff’s Office (all were received and filed).
John
Crosby, 3011 Lowery Drive, addressed the Board to state he does not find this
project compatible with the surrounding neighborhood. He spoke with regard to adding more cars to the area, the parking
issues, and this project not being compatible with the neighborhood.
Peter
Blackshaw, 14818 Faversham Circle, addressed the Board to point out the land
values declining and to discuss the management of the apartment complex.
Richard
Maxey, 3860 Old Lockwood Road, addressed the Board to indicate on the map where
his house is located. He stated there
are 20 acres to the north where the proposed property site is going to be, and
15 of those acres is owned by his family.
He said there is a 50 ft. setback on the Carillon side, and if this is
approved, he would like to have the same 50 ft. setback as the one on the other
side.
Mike
Kolb, 2516 Fawn Run, addressed the Board to outline some of the recent changes in the area. He submitted a Petition, as shown on page
________, from almost all of the residents living on 5-acre lots opposing the
request. He stated he feels the most
feasible change in the area is Seminole Community College off of Lockwood, but
it does not intrude in the area at all.
Clint
Nye, 14431 Stamford Circle, addressed the Board to state every time he comes
home from a business trip, it seems another 2,000 trees are lost. Also, more greenways are lost.
Perry
Dunn, 14532 Gainesborough Drive, addressed the Board to advise he will yield
his speaking time.
Tom
Galant, 4512 Dartford Ct., addressed the Board to speak in opposition to the
project and the rezoning request. He
stated he feels the University and State should do more for on-campus housing,
as they do not have adequate plans for student housing.
Carl
Cunningham, 4471 Saddleworth Circle, addressed the Board to state he is
definitely opposed to this project. He
addressed the power lines that run through the project and the boom boxes that
go off during games.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
E-mails
from various residents opposing and supporting the Portofino project were
received and filed.
Attorney
Groot stated he would like to express his appreciation for the attention given
tonight and he feels that everything has been said that needs to be said. He stated there are 833 homeowners in the
Carillon community and 541 said they do not support the development. He said the Comp Plan is a unique document
and this development does fit within that.
Attorney
Kantor stated staff’s recommendation was the recommendation that the applicant
received and as a result of that they changed their plan. He stated he would like to correct the
statement made that HIP is designated to permit one dwelling unit per
acre. He said the HIP land use
designation is a maximum density up to 20 units per acre. The Comp Plan said that uses include Medium
Density Residential.
Chairman
McLain recessed the meeting at 11:45 p.m., reconvening at 11:55 p.m., with all
Commissioners present.
District
Commissioner Maloy stated when he spoke with both attorneys before the public
hearing he asked them to summarize the issues.
He stated because of the substantial issues raised tonight, he feels it
would be appropriate to give staff time to review the documents submitted
tonight and reconvene this hearing in two weeks (February 26, 2002), without
further public hearing and this item will be the first item on the agenda.
Motion by Commissioner Maloy, seconded by Commissioner Morris to continue to
February 26, 2002, at 7:00 p.m. (first on the agenda), request to Rezone from
UC (University Community) to PUD (Planned Unit Development) and approval of the
Development Order; property described as 45.56 acres located at the northwest
corner of McCullough Road and Old Lockwood Road, as described in the proof of
publication, Portofino/Philip Emmer.
Under
discussion, Chairman McLain stated the public hearing will be closed at that
time and the Board will open the item up for discussion only and a motion by
the District Commissioner.
Upon
inquiry by Commissioner Morris, Mr. McMillan advised he would urge the
attorneys and the residents on both sides not to submit any more documentation
at this time.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Henley asked if it would be possible for the Board to adopt a rule that
requires all publications and documentations be presented to the Board 48 hours
prior to the public hearing.
Mr.
McMillan stated he doesn’t think that the Board can restrict the applicant,
representatives and citizens.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from UC (University Community) to PUD (Planned Unit
Development), approval of Development Order; property described as
approximately 1.22 acres located at the northwest corner of McCullough Road and
Old Lockwood Road, Cloonfush Properties/John Polasek, received and filed.
Ms.
Fall stated the applicant is proposing a retail commercial use for the property
with a maximum square footage of 10,629 sq. ft. Staff recommends approval of the request based on compliance of the Land Development Code
and Vision 2020.
Upon
inquiry by Commissioner Maloy, the applicant’s representative addressed the
Board to state this project is tied with the previous project, therefore, he
would like to continue this item.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Morris to continue to
February 26, 2002 at 7:00 p.m., or as soon thereafter as possible, request to
Rezone from UC (University Community) to PUD (Planned Unit Development),
approval of Development Order; property described as approximately 1.22 acres
located at the northwest corner of McCullough Road and Old Lockwood Road, as
described in the proof of publication, Cloonfush Properties/John Polasek.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 12:05 a.m., Wednesday, February 13, 2002.
ATTEST:_____________________Clerk_______________________Chairman
slm/cc/er