BOARD OF
FEBRUARY 13, 2007
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:32 a.m., on Tuesday, February 13, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Michael McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Missionary David Byron, New Tribes Mission, Sanford.
Commissioner
Dallari led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Phil
Laurien, Executive Director of the East Central Florida Regional Planning
Council, addressed the Board to give
an update on MyRegion.Org -
Growing Modestly from 1950-1970; a Map
Showing the Population and Square Footage; a Contour Map showing the 2005
Population; Where are They in 2007; More Land is Being Consumed by Development
from 1993 to 2000; $300,000 Housing Units Added from 2000; The Trend for 2050;
Current Development Patterns and Densities in 2050 and What it Would Look Like;
2050 Indicators; What are the Alternatives; What People Think; 2050 Development
Preference Map; and Alternative Themes.
He continued by reviewing the following three Alternative
Scenarios: Green Areas; Streets; and
Corridors.
Mr.
Laurien continued his presentation by reviewing the page titled, “Using the UCF
Model Works and the Model Looks at Three Uses Based on Characteristics”; Region
in 2050; and Conflict between Urban, Agriculture and Conservation Future Land
Uses. He displayed Alternative A - Green
Areas and reviewed the Natural Areas Connected to State; Environmental
Corridors; What the Green Areas Look Like; and Indicators (Green Areas-2050).
Mr.
McMillan reentered the meeting at this time.
Mr.
Laurien continued reviewing the Centers and the following Types of Centers:
City, Town, Villages, and Transit. He
concluded by reviewing the Centers Connected with a Basic Rail Network and
Center Scenario for Alternative A. He
reviewed the following relating to Alternative B-Streets: 2005-2050 Added Population; Existing Streets
and Merging Streets; Corridors; Where do They Get the Corridors That They Use Tomorrow;
and Cities Rediscover Allure of Streetcars.
He concluded by reviewing the following Alternative C-Corridors: Corridors Model; Corridors Scenario;
Indicators; Land Consumption, Predictors; Density Predictors; Land Use
Predictors; Traffic and Air Quality Predictors; Growth Florida Final Frontier;
The Choice Which is Your Future; Trend 2050 (Best and Worst Rating); Green
Areas 2050 (Best and Worst Rating); Centers 2050 (Best and Worst Rating); and
Addendums relating to Scenarios Distribution, Statistics and Assumptions.
At
the request of Chairman Henley, Mr. Laurien commented on the air quality data.
Discussion
ensued between Commissioner Van Der Weide and Mr. Laurien relative to an
article in the newspaper about people figuring out a way to vote more than once
on the survey, and how MyRegion.org was able to isolate those votes that they
feel were tampered with.
Commissioner
Carey stated she is glad that other counties were included because whatever
happens in Volusia and Lake Counties will affect
Mr.
Laurien stated he will be on the road to give one-on-one presentations to these
jurisdictions to help explain it and answers questions. He stated part of the burden is to get with
the home builders and developers to work with these alternate development
patterns.
Chairman
Henley stated the cities have been talking about looking countywide at a land
use and zoning plan so they can make sure they can get what they need in the
future. MyRegion has been in operation
over five years and it has opened the eyes of a lot of people that density in
certain areas is not a bad thing, particularly with the amenities. He stated the County has a responsibility to
look closely at the corridors as to what has happened up and down those
corridors and what they can do in order to try to create density where it is
most appropriate. He said he feels it is
important to recognize that they should have a plan as to how they should grow.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt appropriate Resolution #2007-R-22, as
shown on page ________, in support of Habitat for Humanity.
Districts 1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Robert J. Kenney, who addressed the Board to
express his appreciation. He stated this
will help Habitat for Humanity significantly.
Habitat is working very, very hard to build more and more houses to
support low-income families. This
resolution will allow them to participate in the state-wide program that will
enable businesses to contribute to a greater level.
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Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-21, as
shown on page ________, proclaiming February 22, 2007 as “Step Up Florida” day
to promote physical activity and healthy lifestyles.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Gigi Rivandeneyra, who addressed the Board to
express her appreciation. She invited
everyone to attend the physical activities on February 20 at
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Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt appropriate Resolution #2007-R-23, as shown on
page _________, proclaiming the month of February as “Black History Month”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Bernard Mitchell, Sr., who addressed the
Board to express his appreciation. He
stated it is an honor to accept this Resolution on behalf of the
African-Americans in
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The
Chairman recessed the meeting at 10:35 a.m., in order to convene the meeting of
the
Motion
by Commissioner Dallari, seconded by Commissioner Carey to authorize and
approve the following:
7. Approve
and authorize Chairman to execute the Seminole County/The Kathleen Anderson
Comprehensive Work Center, Inc., (a/k/a Seminole Work Opportunity Program or
SWOP) CDBG Subrecipient Agreement, as shown on page ________, for Program Year
2006-2007 in the amount of $100,000.00 to construct a new work training
facility for persons with disabilities at SWOP’s location in Casselberry.
8. Approve
and authorize Chairman to execute the Seminole County/Seminole County Housing
Authority SHIP Program Subrecipient Agreement, as shown on page ________, in
the amount of $40,000.00 to replace undersized air conditioning/heating ducts
in the thirty-unit (30) public housing campus in
13. Budget Amendment
Resolution #2007-R-26, as shown on page ________, (#07-37) $75,613 - Information Technologies - Article V
Technology Fee Fund - To appropriate additional funding for the Microsoft
Enterprise Licensing Agreement.
Insufficient funds were provided in the adopted budget for Microsoft
Licenses for the Article V Technology Fee Fund.
The total annual Countywide costs of the Microsoft Licenses are
approximately $608,000.
14. BCR #07-08 -
$58,724 – Community Services – Shelter Plus Care Grant Fund - To appropriate
funding for reimbursable administrative expenses of Homeless Services Network
in connection with the Shelter Plus Care Grant per the amended subrecipient
agreement that was submitted to and approved by the BCC 1/9/2007.
Grants
15. Approve and authorize Chairman to execute the
Memorandum of Understanding, as shown on page ________, between the Florida
Department of Community Affairs and Seminole County for ownership of an EMS
Mass Casualty Incident Management Tow Vehicle (2005 Chevrolet – 2WD Regular
Cab) that is part of a Statewide initiative by the Department of Community
Affairs/Division of Emergency Management to provide Mass Casualty Incident
mitigation equipment throughout the State of Florida.
16. Approve and authorize Chairman to execute a Letter,
as shown on page ________, to the
Public
Safety
21. Adopt appropriate Resolution #2007-R-28, as shown on page
_________, and authorize Chairman to execute the Emergency Medical Services
County Grant Application, as shown on page ________, Department of Health,
Bureau of Emergency Medical Services.
Anticipated funds for FY06/07 are $294,962 and are applied to
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded
by Commissioner McLean to authorize and approve the following:
22. Adopt Second
Supplemental and Sixth Amended Resolution of Necessity #2007-R-29, as shown on
page _________, relating to the
23. Approve Purchase Agreement, as shown on page _________, relating to
Parcel No. 115, Dabanian property,
of the County Road 15 (
24. Approve Purchase Agreement, as shown on page _________, relating to
Parcel No. 116, Ostrander property, of
the County Road 15 (
Litigation
25. Approval of a proposed negotiated settlement relating to Parcel No.
104A, Danbury Mill Homeowners Association, Inc. property, on the
26. Authorize the issuance of an Offer of Judgment for Parcel No. 106, Levine
property, Eden Park Avenue
improvement project, in an amount determined reasonable by the
27. Authorize the issuance of an Offer of Judgment for Parcel No. 112, Creamer
property,
28. Authorize the issuance of an Offer of Judgment for Parcel No. 116, Thornburg
property,
29. Authorize the issuance of an Offer of Judgment for Parcel No. 124C,
Richards property,
30. Authorize the issuance of an Offer of Judgment for Parcel No. 143, Mosley
property,
31. Authorize the issuance of an Offer of Judgment for Parcel No. 144, Yates
property,
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS CONSENT AGENDA
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize and approve the following:
CLERK’S
OFFICE
32. Expenditure Approval Lists, as shown on page ________, dated
January 8, 16, and 22, 2007; and Payroll Approval List, as shown on page
________, dated January 11, 2007.
33. Approval of BCC Minutes dated January 9, 2007.
34. The
Board noted, for information only, the following Clerk’s received and filed:
1.
Head
Tennis Pro Agreement, as shown on page ________, with Timothy Lynch.
2.
Certified
Tennis Pro Agreements, as shown on page _________, with Michael Custer and
Thomas Tyler.
3.
RFP-600104-06
Consultant Services Agreement, as shown on page _________, with Allied Group
Insurance Services.
4.
Legal
Services Consultant Agreement/Code Enforcement, as shown on page _________,
with De Beaubien, Knight, Simmons, Mantzaris & Neal, LLP.
5.
Amendment
#1, as shown on page ________, to Work Order #59 to PS-5130-02.
6.
Work
Order #21, as shown on page ________, to PS-5174-04.
7.
Amendment
#1, as shown on page _________, to Work Order #3 to PS-573-00.
8.
Proofs
of publication, as shown on page __________, for Notice of 2006 Tax Impact of
Value Adjustment Board.
9.
Notice
of 2006 Tax Impact of Value Adjustment Board, as shown on page _________.
10.
Certificate
of Completion, as shown on page _________, for Work Order #22 to CC-1262-05.
11.
Work
Order #5, as shown on page _________, to M-401-03.
12.
Certified
Tennis Pro Agreements, as shown on page _________, with Jon Erik Turnquist and
Mick Andrews.
13.
Work
Order #56, as shown on page _________, to CC-1212-03.
14.
Work
Order #54, as shown on page ________, to CC-1212-03.
15.
Annual
Budget Book for Fiscal Year 2006/2007.
16.
Work Order
#56, as shown on page ________, to PS-5129-02.
17.
Work
Order #22, as shown on page _________, to PS-5174-04.
18.
Work
Order #38, as shown on page _________, to RFP-4214-04.
19.
First
Amendment, as shown on page _________, to IFB-3123-05.
20.
Maintenance
Bond, as shown on page _________, for water and sewer facilities for the
project known as Island Club in the amount of $15,942.70.
21.
Maintenance
Bond, as shown on page _________, for water and sewer facilities and Ryder for
the project known as Walden Chase in the amount of $37,911.50.
22.
Maintenance
Bond, as shown on page _________, for water and sewer facilities and Ryder for
the project known as Lakeview at Heathrow in the amount of $63,508.
23.
Work
Order #66, as shown on page _________, to PS-5165-04.
24.
Certificate
of Completion, as shown on page _________, for CC-1143-06.
25.
Certified
Tennis Pro Agreement, as shown on page _________, for Chelsea Maratta and Head
Tennis Pro Agreement, as shown on page _______, for Alice Reen.
26.
Non-Certified
Tennis Pro Agreement, as shown on page ________, for Morgan Mitchel.
27.
Satisfaction
of Connection Fees, as shown on page _________, for the projects known as Aloma
Jancy Animal Hospital, Sunshadow Professional Plaza, and Vantage Pointe.
28.
Amendment,
as shown on page _________, to Conditional Utility Agreement for water service
for the project known as Copper Chase.
29.
Bill of
Sale, as shown on page _________, accepting water and sewer system within the
project known as
30.
Work
Order #14, as shown on page ________, to PS-5190-05.
31.
RFP-600094-06
Term Contract, as shown on page _________, for Roadway Landscape and Mowing
Maintenance, Nanak’s Landscaping Grounds Maintenance, Inc.
32.
Work
Order #1, as shown on page _________, to CC-1075-06.
33.
Memorandum
to Ann Colby, Assistant
34.
Certificate
of Completion, as shown on page ________, for Work Order #30 to CC-1262-05.
35.
Recorded
Resolution #2005-R-193, as shown on page ________, vacating and abandoning
right-of-way for William H. & Bonnie Compton.
36.
Drainage
Easement, as shown on page _________, for John and Ruth Farina.
37.
Sidewalk
Easement Subject to Defeasance, as shown on page _________, for Orlando &
Isabelle Hicks.
38.
First
Amendment, as shown on page _________, to IFB-3129-05.
39.
Work
Order #13, as shown on page _________, to PS-5190-05.
40.
Work
Order #1, as shown on page _________, to PS-1167-06.
41.
Fifth
Amendment, as shown on page ________, to RFP-4140-01.
42.
Work
Order #53, as shown on page _________, to CC-1262-05.
43.
Certificate
of Completion, as shown on page __________, for Work Order #44 to CC-1262-05.
44.
Work
Order #9, as shown on page _________, to PS-0381-06.
45.
Work
Order #26, as shown on page __________, to CC-1267-05.
46.
Memorandum
from Judith Hearn, Public Risk Management of Florida, submitting an Affidavit
and Intergovernmental Cooperative Agreement for the City of Lake Mary, City of
47.
Amendment
#1, as shown on page ________, to Work Order #5 to PS-5131-02.
48.
Work
Order #2, as shown on page _________, to PS-0722-06.
49.
Work
Order #6, as shown on page ________, to PS-567-00.
50.
Letter
to Records Custodian of Seminole County from Board and
51.
Memorandum
to Sandy McCann, Commission Records, from Liz Parkhurst, Planning &
Development, re: P&D Outstanding Documents.
52.
Non-certified
Tennis Pro Agreement, as shown on page _________, with Christian Douglas.
53.
DB-0577-06
Contract, as shown on page _________, American Bridge Company, as approved by
the Board on November 7, 2006.
54.
M-1720-06
Agreement, as shown on page _________, TLC Diversified, Inc.
55.
Change
Order #1, as shown on page ________, to CC-0588-06.
56.
Maintenance
Bond, as shown on page _________, for water and sewer facilities for the
project known as
57.
Work
Order #18, as shown on page _________, to CC-1198-02.
58.
Work
Order #50, as shown on page _________, to PS-5150-03.
59.
Work
Order #62, as shown on page _________, to PS-5130-02.
60.
Work
Order #3, as shown on page _________, to PS-5111-01.
61.
Work
Order #11, as shown on page ________, to PS-5175-04.
62.
M-1700-06
Contract, as shown on page __________, Pinel & Carpenter, Inc.
63.
M-1699-06
Contract, as shown on page __________, DeRango, Best & Associates.
64.
Non-Certified
Tennis Pro Agreements, as shown on page _________, with Michael Koslik and
Robyn Suto.
65.
Exhibit
A, as shown on page _________, to Ordinance 2005-53 as adopted by the Board on
December 20, 2005.
66.
Work
Order #10, as shown on page __________, to PS-0381-06.
67.
Amendment
#1, as shown on page _________, to Work Order #52 to PS-5129-02.
SHERIFF’S OFFICE
35. Approval by the Board to adopt Budget
Amendment Resolution #2007-R-30, as shown on page _________, increasing the
Sheriff’s Office FY 2006/07 budget by $28,748 for unclaimed evidence funds.
36. Approval by the Board to contribute $16,000
from the Sheriff’s Law Enforcement Trust Fund to the “Take Stock in Children”
Mentoring and Scholarship Program administered by The Foundation for Seminole
County Public Schools, Inc., and $750 to Seminole County Community College on
behalf of one selected student.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Ms.
Coto advised that Commissioner McLean received a phone call from Spring Thunder
representatives indicating that they are unable to be in attendance this
morning for Item #40, Spring Thunder on Lake Monroe Special Event Permit.
Commissioner
McLean stated he received a phone call last night from Spring Thunder
representatives indicating that they are attending a meeting at Disney this
morning and they have asked that this item be continued to this afternoon.
Commissioner
Carey recommended moving Item #40 to this afternoon, after the public hearings
and before the Legislative Update. The
Board voiced no objections.
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Jeff
Hopper, Planning, addressed the Board to request approval of the Final Site
Plan, Developer’s Commitment Agreement, and Minor Amendment to the PCD
Development Order for the C.A. Stone PCD, consisting of 6.81+/- acres located
on the southeast corner of Red Bug Lake Road and Mikler Road, Javier Omana/CPH
Engineering Co. He stated the Board
approved a rezone to PCD in November 2001 and that rezone did not include a
detailed site plan but addressed offices, banks, and sit-down restaurants as
the primary uses of the site. Consistent
with that approval, the proposed Final Site Plan shows a 5,000 sq. ft. building
for a bank or office use and three additional buildings, totaling 22,500 sq.
ft., for use as restaurants. In
preparing the site plan, the applicant raised two issues relating to the
original approved development order. The
first issue refers to restaurants being limited on the eastern half of the
property. The applicant has requested
that this use be expanded to the east three-quarters of the site. With documented support from the homeowners
in the area, the Planning & Development Director amended the original
approval to permit restaurants on the east 750 ft. or approximately three-quarters
of the subject property. The second
issue raised by the applicant involves a prohibition on outdoor seating imposed
by the original development order. Staff
is recommending that outdoor seating be permitted on the north, east and west
sides of the restaurant buildings, but not on the south as such seating would
face potential neighborhood property. This
recommendation is based on the condition that there will be no outdoor sound
amplification and no bar facilities serving alcohol would be located
outdoors. These issues would be formalized
in the amended development order. This
site plan uses a new method for calculating landscape buffer requirements based
on the Land Development Code update. The
new code includes a method for calculating alternative buffering requirements
allowing the developer to vary the amount of landscape plantings, types of
fencing and buffer yard widths. This
flexibility would give them more freedom to design a site plan in ways to meet
the applicant’s needs while protecting the neighboring property owners of
adverse impacts. The applicant chose to
use the normal code requirements on the north, east and west. The applicant chose one of four alternatives
that staff developed on the south. The
applicant chose alternative one regarding four canopy trees, eight understory
trees and 19 shrubs per 100 linear feet along the site boundary. The buffer would be 25 ft. in width. A 3 ft. continuous hedge would also be
required.
District
Commissioner Dallari complimented the applicant for a good job on the parking
requirements and for improving the landscaping quite a bit. He said the applicant has agreed to put three
restaurants and a bank, and he feels it is very much needed in the
The
applicant addressed the Board to indicate that he has no problem with those
conditions.
Upon
inquiry by Commissioner Carey, Commissioner Dallari clarified the restriction
for the pass-through window would be for alcohol only.
Mr.
Hopper referred to paragraph 7A of the development commitments and stated the existing
code requires a hedge next to the parking and all they are doing is moving but
not adding to that requirement.
Commissioner Dallari agreed.
Motion by Commissioner Dallari, seconded
by Commissioner McLean to approve the Final Site Plan, authorize Chairman to
execute Developer’s Commitment Agreement, as shown on page ________, and
approve Minor Amendment to the PCD Development Order, as shown on page
_________, for the C.A. Stone PCD, consisting of 6.81+/- acres located on the
southeast corner of Red Bug Lake Road and Mikler Road, Javier Omana/CPH
Engineering Co., based on staff findings and the changes made today.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Meloney
Lung, Administrative Services, addressed the Board to state staff is seeking
direction on the Public Safety Memorial for Law Enforcement, Firefighters, and
Veterans. She stated staff began working
on developing plans for the
Commissioner
Van Der Weide stated he is on the Board of Directors of the Sunshine Network (A.U.S.A.)
and they deal with the Army Reserves and the National Guard. He stated he has been in contact with Earl
Denton relative to seeing if there is some way that organization could assist
the County relative to ideas and funding.
He stated he hopes that Mr. Denton has some ideas of how they could
incorporate some of their funding sources.
He said he would like to meet with him and staff to get some input on
the location and funding.
Chairman
Henley stated he would support what Commissioner Van Der Weide is trying to do.
Commissioner
Carey stated she had an opportunity to review the plans with the Sheriff and
she would like staff to work with the
Chairman
Henley stated the City of
Commissioner
Dallari asked if anyone contacted the city of
Ms.
Coto advised the city of
Chairman
Henley stated the Board’s direction
is to expedite the monument for Officer Eugene Gregory and Commissioner Van Der
Weide will meet with staff and the Sunshine Network representatives and come
back with a recommendation for action.
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Austin
Watkins, Planning, addressed the Board to request approval of the architectural
renderings/elevations for the Line Drive/Sutherland Management rezone
consisting of 1.38+/- acres located on the east side of Line Drive, 500 feet
south of Sand Lake Road, Sonny Sutherland.
He stated at the 2004 BCC meeting, the applicant was required to make
architectural enhancements to include removal of roll-up doors and installation
of windows on the east and west sides of the north building. This condition required the applicant to
obtain approval prior to occupancy of the building. Staff finds that the elevations comply with
condition I of the development order by detailing the removal of roll-up doors
and installation of windows on the east and west side of the north building. Staff recommends approval of the
architectural renderings.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to approve the architectural
renderings/elevations for the Line Drive/Sutherland Management rezone
consisting of 1.38+/- acres located on the east side of Line Drive, 500 feet
south of Sand Lake Road, Sonny Sutherland.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey stated if the Board places an item in the development order that needs to
be done, staff needs to make sure those conditions are met and that doesn’t
mean it has to be brought back to the BCC for approval at a meeting.
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Meloney
Lung presented request to approve Modification and Amendment of Declaration of
Easement for Florida Gas Transmission Company, LLC. She stated Florida Gas has offered $13,275 to
the County as appropriate compensation for the temporary work space easement.
Discussion
ensued between Jerry McCollum,
Motion by Commissioner Carey, seconded
by Commissioner Dallari to approve and authorize Chairman to execute
Modification and Amendment of Declaration of Easement, as shown on page
_________, for Florida Gas Transmission Company, LLC, to relocate an existing
pipeline from its current location in the SR 46 right-of-way to a location
adjacent to the original pipeline within Florida Gas Transmission easement area,
with the County to receive $13,275, to be placed in the tree fund.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Coto briefed the Board on what transpired yesterday at the workshop with the
city of
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The
Chairman recessed the meeting at 11:45 a.m., reconvening at 1:32 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PUBLIC
HEARINGS
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/BILL
RAY NISSAN
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to adopt an ordinance to rezone 13+/- acres from M-1A (Very
Light Industrial) to PCD (Planned Commercial Development), located on the north
side of Hickman Circle, approximately 1.0 mile north of the intersection of
Hickman Drive and SR 46, David Ray, received and filed.
Ian
Sikonia, Senior Planner, addressed the Board to present the request, stating
staff is recommending approval of the rezone request, Preliminary Site Plan and
Development Order, based on staff findings, and has structured the Development
Order so the applicant can apply for variances up to a height of 37’5” for the
proposed signs for the dealership. He
said the P&Z Commission voted 7 to 0 to recommend approval of the request
to rezone and they recommended adding an additional condition prohibiting the use
of outdoor speaker sound amplification systems on site.
Mr.
Sikonia advised Commissioner Carey that the P&Z recommendation prohibiting
the outdoor amplification systems is not a part of the Development Order.
Casidys
Suvongse, SK Consortium, Inc., representing Bill Ray Nissan, addressed the
Board to thank the staff and everyone who worked with them on this
project. He said they have no objections
to the staff recommendations and can comply with every one of them with one
exception. They would like to have the
outdoor P.A. system, and he asked the Board to consider that.
Commissioner
Carey stated she just clarified with staff that the applicant will be allowed
to have the outdoor P.A. system if this request is approved as presented.
No
one else spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve the request and adopt Ordinance #2007-10,
as shown on page _______, rezoning 13+/- acres from M-1A (Very Light
Industrial) to PCD (Planned Commercial Development), located on the north side
of Hickman Circle, approximately 1.0 mile north of the intersection of Hickman
Drive and SR 46; approve the Preliminary Site Plan and Development Order, as
shown on page _______, based on staff findings; as described in the proof of
publication, David Ray.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL
OF BOA/WILLIAM HASSON
Proof
of publication, as shown on page _______, calling for a public hearing to
consider Appeal of the Board of Adjustment’s decision to deny a width at the
building line variance from 90 feet to 73.75 feet in the R-1AA (Single Family
Dwelling District), property in the Loch Arbor Fairlane plat, William Hasson,
received and filed.
Kathy
Fall, Principal Planner, addressed the Board to present the request. She advised the Fairlane plat is an
antiquated plat and considered to be non-conforming or deficient in the zoning
classification’s minimum requirements.
William
Hasson, appellant, addressed the Board to state he thought the presentation
given by Ms. Fall at his first hearing was sufficient to grant him the variance
he needed. He was satisfied that the
matter was tabled and went to another hearing a month later. The only reason he is appealing is based on
the second hearing. He said the second
hearing was sort of a farce. He can
understand people opposing the variance, because he has signed petitions in the
neighborhood for things. He said he
seriously doesn’t think that putting a house on the subject vacant lot will
take away from the integrity of the neighborhood. When he looks around the neighborhood, he
sees buildings that, in is opinion, are way out of character. He summarized what happened at the second Board
of Adjustment hearing. He said he felt
he was being railroaded. He stated his
arguments are the same as they were originally.
He still feels if he puts a single-family dwelling on the lot, it is not
going to take away from the character of the neighborhood. He stated two of the people opposing the last
time have come to him and told him they never saw the sign in his yard because
they don’t live in his neighborhood, but were at the meeting because they
received a notice in their mailbox asking them to come oppose the request. He said he can agree with that. He said if just the people in his section of
the neighborhood oppose this, that’s fine; but don’t drag everybody around the
neighborhood, who’s not even going to see the house, to say they oppose
it. He said he asked people to come and
speak on his behalf and they stated they have to live in the neighborhood in
order to speak on his behalf. He talked
to a couple of former county commissioners and asked what did they think his
chances are in going to the appeal board and one of them said the Board would
not pass it because it’s all politics.
Mr. Hasson said he did not want to go along with that. He asked why politics would come into play if
he is just asking for a variance. He
explained he hired an attorney because he didn’t know what else to do to fight
this on his level. He said he asked two
attorneys in town if they would handle this case for him and their reason for
not handling the case was that they knew people on the Board. Mr. Hasson said that’s another thing he
doesn’t understand. He asked why it
should matter just because you know someone on the Board.
Chairman
Henley said he can’t address why an attorney would tell him what he did. He thinks all the Commissioners know all the
attorneys in Seminole and
Ms.
Fall advised Chairman Henley that Melanie Chase is an alternate member of the
Board of Adjustment and attended the meeting because a regular Board member
could not attend.
Chairman
Henley advised Mr. Hasson that the information provided to the BCC comes from
both of the Board of Adjustment meetings.
He explained it is not unusual for the BOA, when it hears an item, to
not have public input at the second meeting since they have all the data. Whether a member was present at the first
meeting or not, he is provided with all the data from the meeting. He said it could be Ms. Chase felt she needed
to indicate she was not present at the first meeting, but he believes, that
under the law unless there is a bona fide conflict, a member is required to
vote.
County
Attorney Robert McMillan addressed the Board to state Chairman Henley was
correct. He added that this hearing
before the BCC is a new hearing and it doesn’t matter what happened before or
who didn’t do what they were supposed to or who did or did not vote. The issue before the BCC now is as it is a
clean slate. It is on the merits of this
hearing and not on whether the lower board made a mistake.
Upon
inquiry by Chairman Henley, Ms. Fall stated the staff provided all the minutes
from the BOA hearings to the BCC.
To
address the allegations in the letter from Mr. Hasson, Chairman Henley asked
Mr. McMillan to explain the basis for a commissioner to abstain from voting. Chairman Henley also explained that the
County Commission Aides are hired and fired by the
Commissioner
McLean asked Mr. Hasson why the Board is talking about this situation after he
has left the neighborhood; and was there any consideration to making this type
of discussion at any time during the 23 years he lived in the
neighborhood.
Mr.
Hasson advised his lot was put up for sale and he asked for the variance based
on a monetary situation. He said he
wanted to get the most out of his property that he possibly could. He said he sold his house and had a buyer for
the vacant lot. His house was going to
sell based on the contingency whether he got a variance or not on the
property. Both parties have backed out
because of what is going on now with the property. He said he won’t have a problem selling his
house, but if he can’t sell the lot as a buildable lot, then it becomes just a
useless piece of property and to reap any benefit at all, it would just be as
an enlarged lot. He will probably get
only half as much if he had sold the lot as a buildable lot. He stated he is retired on a fixed income and
he was going to put the money aside to add to his retirement benefit
package.
Mr.
Hasson affirmed with Chairman Henley that when he attempted to sell his house,
he knew the remaining lot was a non-conforming lot, but he also knew it was a
separate lot. He said he had the two
lots combined for tax purposes several years ago and was told that at any time
he wanted to switch them back, there would not be a problem.
Chairman
Henley stated this is not a unique situation the BCC has dealt with. He said he has a letter now from a couple who
bought a non-conforming lot, without their knowledge, and is now stuck with
it. He said all over the County, there
are non-conforming lots and the BCC has consistently reviewed each one
individually and has come to the conclusion that it does not conform with the
present policy to justify allowing anyone to go ahead and build on
non-conforming lots, particularly for the purpose of making more income. He said it is not the responsibility of the
Board to see that a homeowner makes lot of money on his property. He said that is not one of the criteria for a
variance. He said the policy states that
if a landowner owns both lots and has the ability to combine them and eliminate
the non-conforming lot, he is required and expected to do that.
Mr.
Hasson said if he had gotten the explanation Chairman Henley gave, he might not
be before the BCC now.
Chairman
Henley advised of a Written Comment Form (received and filed) from James
Collins in opposition.
Bob
White,
Upon
inquiry by Chairman Henley and Commissioner Carey, Mr. White affirmed that
along
Philip
Lee,
Robert
Harrell,
Beverly
Mason,
Mr.
Hasson stated the flooding Mr. Harrell showed in the picture has been going on
since he lived there and is not something new.
However,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
District
Commissioner Carey stated she is very familiar with Loch Arbor. She said when you look at Loch Arbor, the
section to the north of
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to uphold the Board of Adjustment’s decision to deny a
width at the building line variance from 90 feet to 73.75 feet in the R-1AA
(Single Family Dwelling District) for
Chairman
Henley said he thinks Commissioner Carey stated it well from the standpoint of
the history of the BCC in attempting to protect Loch Arbor. He stated those policies apply throughout the
County in similar situations, and to be able to set this type of precedent
would open up this question all over the County and the character of Seminole
County would definitely change significantly.
He thinks it is important that they take the steps to try to come up
with some mechanism so that people don’t get stuck with an unbuildable
lot. He thinks it is important to uphold
the BOA.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA, Continued
Austin
Watkins, Planner, presented the request by Spring Thunder on
Mr.
Watkins advised Chairman Henley that he clarified with the applicant that the
delivery area off
Bill
Elliott, representing Jerry Zebrowski, property owner, addressed the Board to
state Items #3 and #10 of the staff conditions (Exhibit A) mentions installing
a screened (slat or mesh) 6’ fence and that presents no problem to them. However, he said it is difficult to find 6’
fencing in the mesh style. They have
found 4’and 5’ fencing and he doesn’t think that would be an issue, but when
dealing with motorcycles, they don’t want to put chain link fence along these
areas. He explained if a bike hits that,
there could be liability for the paint work and things along that line. He said they intend to use mesh fencing that
is a day glow orange, which will be very visible and safe. He said Item #10 mentions the retention pond
and they intend to circle that area with the same type of fencing. He referred to Item #11 and said it relates
to the fencing, and the same particular fencing would be used there also. Other than that, they are prepared to comply
with all the recommendations the County has made.
Upon
inquiry by Commissioner McLean, Mr. Elliott said if they can find the 6’
fencing, they will be happy to comply with that. He said it’s not a pricing issue, but being
able to find the product. He stated they
will make their best effort to do so. He
further said another issue with the 6’ fencing is visibility of the
motorcycles.
Commissioner
Carey said it shouldn’t be a problem for the bikers to see their bikes. Where there is bike parking, she believes
there will be security provided.
Dori
DeBord, Planning & Development Director, addressed the Board to state the
reason for the fencing is to make sure they keep intrusion out of the wetlands
and retention area. She doesn’t believe
staff has a problem with the 5’ fence if that would be available, but she would
ask if Mr. Elliott, or his representative, would let staff know because they
will be inspecting the site a week before the event to make sure the fencing is
appropriately installed.
Commissioner
Carey, therefore, suggested the fencing be a minimum of 5’ and that should take
care of this matter, with Mr. Elliott’s knowledge that the Board would like to
see 6’ fencing if he can find that.
Chairman
Henley said he thinks this event is poorly timed because of all the work and
congestion existing in the area now and particularly with the expected crowd of
10,000 to 15,000 people. He said he is
going to have difficulty supporting this item, because he doesn’t think it’s in
the best interest of the health and welfare of the citizens under these
conditions.
Mr.
Elliott said he does not disagree with the assessment of the circumstances,
particularly on a Friday afternoon at 4 o’clock. He said he has also seen the insanity of the
traffic at that point in time. He said,
however, when you try to put together an event in Seminole County, as viable as
this County is, there is going to be surprise construction situations on almost
any corner on any given day of a given month.
For this particular situation, their expectations are that by the end of
March, much of this work will be done and it shouldn’t be as congested. Also on Saturday and Sunday when the bulk of
the people will be there, there is not the congestion that you see on a normal
work day. He said his concerns will be
for the Friday afternoon session. They
are expecting around 2,500 people on Friday evening. They will probably see about 7,000 people on
Saturday and a smaller crowd on Sunday.
He said on Sunday, there won’t be the issue of the traffic.
Chairman
Henley said he doesn’t agree with Mr. Elliott about the weekend traffic, and a
lot of it is due to the configuration.
He hopes everything is cleared up by the end of March, but he’s not sure
of that.
Commissioner
Van Der Weide stated based on the fact there is going to be a concert, there
will very likely be a lot of people showing up who are not bikers. He has much of the concerns of the Chairman. He said he would not want to vote against the
request but he has concern about where this event could be next year, based on
the results this time.
Commissioner
Carey said the Sheriff feels that 12 officers should be enough to control the
traffic and all the other issues that may arise, so she is comfortable with
that.
Commissioner
McLean stated the applicant has made an honest effort to comply with 17
different conditions, so it looks like the County is doing a good job of
scrutinizing this event. Notwithstanding
the concerns, he thinks they owe the citizens and bike enthusiasts to give this
a shot; and he hopes the event goes well and they will learn some lessons
through the process and will talk about it again next year.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve a Special Event Permit for a festival
and outdoor concert located at 4201 Orange Boulevard on March 30, 31 and April
1, 2007; Spring Thunder on Lake Monroe, LLC.
Districts
1, 2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
-----
Chairman
Henley recessed the meeting at 2:47 p.m. and reconvened it at 2:58 p.m.
LEGISLATIVE
UPDATE
Lisa
Spriggs, Fiscal Services Director, addressed the Board to present the proposed
federal funding requests for FY 2008 to be provided to the Federal
Congressional Delegation. She said of
the five items, four of them were in the FY 2007 requests: Pedestrian Overpass; Cross Florida Greenways
Trail - Seminole County/Winter Springs; State Road
Commissioner
Dallari asked how staff came up with the $2.5 million to replace the Computer
Aided Dispatch System. Ms. Spriggs
explained this was an estimated figure given by the Public Safety Department. She said she understands the department is
farther into this project this year than last year so they have evaluated
different packages. They want to be able
to link the system into the Seminole County Sheriff’s Office CAD. Whereupon, Commissioner Dallari asked if
staff had thought of expanding the Sheriff’s Office system. Ms. Spriggs said she wasn’t sure if the
Public Safety Department staff had done that, but she would check into it.
Ms.
Coto stated she has had some very recent discussions with Chief Fleming of the
Sheriff’s Office related to this issue.
Her understanding is that under the prior Public Safety administration,
there were some discussions related to the dispatch and looking at an upgrade
to the Sheriff’s system. She said she
cannot provide the Board with the rationale of why this was not pursued
further. She suggested retaining this
item in the legislative program and as soon as they have a new Public Safety
Director on board, then reevaluate the circumstances to see if there might be a
way to collaborate and spend fewer dollars.
Commissioner
Dallari said he agrees. In his
conversations, the cost would be considerably less than the $2.5 million and
the time frame to implement would be much quicker. He asked if it would be prudent to try to
work with the Sheriff now to see if this would be something the County could go
after. Ms. Coto said she doesn’t believe
she has the technical ability to tell the Board whether or not the Sheriff’s
system is the appropriate direction for the Board to go in. She thinks they can always amend the request
once it is evaluated further, but she would hate to reduce it and then find out
the Sheriff’s system is not a feasible alternative. Whereupon, Commissioner Dallari said he is
looking for staff to research with the Sheriff’s Office and bring this back to
the Board to see about amending this later.
Ms.
Coto advised she hopes to have someone selected for the Public Safety Director
position no later than the end of this month.
Commissioner
Dallari said regarding Jetta Point that he was present when County staff met
with the city of
Susan
Dietrich,
Ms.
Spriggs distributed an additional package of information (copy received and
filed) regarding the Governor’s Property Tax Reform proposal. She reviewed the four areas of the proposal
that included: limit the assessed value
increases on non-homesteaded property to the lower of 3% or the consumer price
index; double the homestead exemption from $25,000 to $50,000; allow statewide
portability of the Save Our Homes benefit accrued; and to exempt from property
taxation the first $25,000 in a business’s value of tangible personal
property. She reviewed that the staff’s
analysis shows a total impact of $43.4 million.
Discussion ensued with the Board.
Commissioner
Van Der Weide he would like to have an individual briefing in his office at the
first chance staff can schedule this.
Commissioner
Carey announced on Feb. 22, there is a joint House/Senate Committee on Property
Taxes town hall meeting at Valencia Community College West Campus. Hopefully, people will turn out and speak
with the House and Senate Representatives.
Ms.
Coto stated she and Ms. Spriggs are planning on attending this meeting and she
asked if the Board wishes them to make a presentation on behalf of the Board as
it relates to the County’s concerns and the implications of the proposal seen
today. Chairman Henley said he would
like for staff to do that. Commissioner
McLean said absolutely. Commissioner
Carey said she thinks they have to be vocal or, if not, they will get what they
are handed.
Commissioner
Van Der Weide said they have figures that include the School Board and this is
already changing and is liable to change 14 times between now and then, but
they will still have to express their concerns because, if not, the Committee
will do something without the County.
Ms.
Coto pointed out staff has included a Joint Statement on Property Tax Reform
that was put together by FAC, the Florida School Board Association and Florida
League of Cities. She said staff wants
to be sure the BCC concurs with this statement or if they have any
modifications. Discussion ensued.
Commissioner
Van Der said he thinks each Board member needs an individual briefing on all
the issues. Commissioner Dallari agreed.
Commissioner
Carey asked Ms. Spriggs if she had Property Appraiser David Johnson to review
the memo from
Commissioner
Dallari stated Commissioner Carey’s point is that this proposal may be
advantageous for
Commissioner
McLean said in looking at the proposal, he sees those in
Commissioner
Carey said she doesn’t think any of the bills speak to the State having a cap
on what they are doing.
Commissioner
McLean said he thinks the Board should ask the State to lead the way in finding
ways to do more with less.
Commissioner
Van Der Weide stated he is not willing to sign off on this statement because it
is all at the county and local government’s expense.
Ms.
Coto suggested that once staff runs the analysis on the
Commissioner
Van Der Weide stated he thinks they have to form an alliance with like-thinking
counties or they could get stampeded.
They need to get some opposition and build some networking between
like-thinking counties and have the lobbyists to work as a group in
Chairman
Henley said what they have is the Legislature again attempting to chip away at
home rule and, at the same time, micromanage work at the local government, and
they have no idea of the backlog of needs that have come from the citizens of
things they would like to see in order to improve the quality of life. The Legislature is looking at it as if all 67
counties are the same with the same conditions, and that’s not correct.
Ms.
Coto advised Commissioner Carey her understanding is that the Florida School
Board Association and the Florida League of Cities have adopted this joint
statement.
Chairman
Henley said he thinks the citizens in
Commissioner
Dallari asked Ms. Coto to update the list of the unfunded mandates the State
has passed down and what that projected cost is for the next year.
Commissioner
Van Der Weide said one of the things the Board needs to do is direct the FAC
representative to network with like-thinking counties to form some sort of
coalition. He said they are going to
have to move fast.
Commissioner
Carey said what’s really scary is at the FAC meetings in October, 2006, they
started discussing this and while everybody was represented in the room, there
were only three counties statewide (including
Chairman
Henley said he thinks the Board is in agreement that Ms. Coto needs to attend
the meetings and represent the County’s position. He asked for the Commissioners’ position on
the joint statement.
Commissioner
McLean said he would like something that brings the State’s feet to the fire;
notwithstanding the Chairman’s statement about the pass-throughs.
Commissioner
Van Der Weide said the Board would be acknowledging “the need for comprehensive
reform of
Commissioner
McLean suggested an amendment in the statement to change “classes of taxpayers”
to read “all taxing entities including the State of
Commissioner
Carey stated the FAC Executive Committee must have approved this, because she
is on the FAC Board and was never asked to vote on this. She said many times government likes to keep
the language broad so they have lots of flexibility.
Chairman
Henley asked if the joint statement had been supported by the appraisers. He is wondering what the Appraisers Association
has said.
Commissioner
Dallari said they all want to limit taxes to help everyone and want to make
sure the level of services are provided.
He said it would be nice to have some ownership from the State that they
actually come to the table and are able to live by what they are passing down
on the counties; but also to the point where they are not reducing the quality
of life to the residents. Some of those
issues need to be addressed in this. He
said they should not be slashing the budget, but reducing it.
Commissioner
Van Der Weide said the only people he thinks they can influence are the local
legislators. If they want to influence a
bigger group of legislators, they need the networking of like-thinking counties
and apply some pressure to the legislators so they will realize they have to be
responsible to the citizens in the counties they represent.
Chairman
Henley stated he thinks the joint statement is an effort by the Association of
Counties to get everybody to be like-thinking by agreeing to it, and the Board
has some reservations on the language and the fact it’s omitting the
responsibility at the State level.
Commissioner
Carey said she wonders if any of the other counties have brought up this issue.
Ms.
Coto said this is relative new information and based on when board meetings are
held, she would concur that not all 67 counties have been able to formulate a
position. Everyone is in the same
position as
Commissioner
Carey said maybe they should send a request to FAC to poll the other 66
counties about adding a statement that the State of
Chairman
Henley said the statement implies that the League of Cities has adopted this,
but it was probably their executive committee or board. Commissioner Carey said she doubts all the
cities have adopted this, because there are a lot more cities than counties to
deal with. She is also sure the School
Boards have not looked at this; she is not sure they have this information.
Commissioner
McLean said wording without the State of
Chairman
Henley said if they can’t get the Legislature to agree with what Commissioner
McLean is talking about, then the other strategy should be to include that the
action would not diminish the quality of life.
He asked if the Commissioners could agree on the statement with
reservations and ask to attempt to include in the Legislature as well as a
statement dealing with diminishing the quality of life. If so, they can move forward on those two
thoughts. Otherwise, they have no
protection at all.
Commissioner
Carey said this needs to be provided to Chris Holley of FAC right away. Chairman Henley added also to Bobby Brantley.
Ms
Coto said she had a conference call with the lobbyist last week and talked with
him about how they could prepare themselves for what they are about to face at
the legislative session and the lobbyist thought it would be a good idea that
they not limit their information distribution to the County’s Legislative
Delegation members, but ensure that all members of the Legislature are aware of
the County’s position.
Chairman
Henley said the Board will move forward
on this issue with those two caveats.
Ms.
Spriggs noted that staff included a copy in the packet of the fiscal survey
they completed for FAC so they could formulate a defense as far as county
spending.
CHAIRMAN’S
REPORT
Chairman
Henley advised he received a letter from the Boys and Girls Club requesting the
Board appoint a liaison to their Club Board of Directors and Commissioner
Dallari has agreed to handle that. Chairman
Henley said he will write a letter to the Boys and Girls Club explaining that.
-----
Chairman
Henley said at the Mayors/Managers meeting, the outdoor tornado warning system
was discussed. The Mayors/Managers Group
will follow with a task force made up of representatives from the County,
Sheriff’s Department,
-----
Chairman
Henley said he’s sure the Commissioners read the Sanford Herald
regarding the Martin Luther King Memorial which the Board agreed to in
2000. He said that was not an accurate
portrayal of the discussion he had with the reporter. Chairman Henley said he agreed with Sanford
City Manager that there had been a significant turnover in staff as well as
elected officials and that is probably what happened with the delay on this
project. He advised he would bring this
to the Board today to make sure the BCC was still on board with this
project. Chairman Henley summarized the
minutes in 2000 of the motion made. He
said he told the reporter that the County is still waiting for
Commissioner
Carey said shortly after taking office in 2005, City Commissioner Williams,
along with representatives from the Martin Luther King Steering Committee, came
to her to talk about what had been committed.
At that time, the discussion was that the Committee was to go back and
come up with some ideas. One idea was to
put a monument possibly at the corner of
Chairman
Henley said he thinks the important thing is that the Board has already made
the commitment and staff needs to call and see if the City is going to follow
through.
Ms.
Coto stated she attempted yesterday to contact the City before the workshop
with the City, but that was unsuccessful.
She suggested, with the Board’s concurrence, to develop a letter from
the Chairman to
Chairman
Henley said he spoke with Mayor Kuhn about that yesterday and shared with her
what was in the minutes of the Board meeting and that as far as he was
concerned the Board was still committed to working with them and he would
portray that unless there was opposition.
No one voiced opposition. Whereupon, Chairman Henley said, hopefully,
they can expedite this and get it off the “to do” list.
Commissioner
Carey said maybe they can do two memorials at the same time--one for Martin
Luther King and the memorial for Officer Gregory.
-----
Chairman
Henley said if any of the Commissioners had not gone on myRegion.org, he would
encourage them to do so as well as the public to vote their preference. He said there are four options dealing with
questions on, “how shall we grow”? This
is an opportunity to tell the elected officials, not only in
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Memorandum dated
2. Letter
dated
3. Copy
of letter dated
4. Letter
dated
5. Copy
of letter dated
6. Letter
dated
7. Letter
dated
8. Contract
for services, as shown on page _______, between Seminole County Government and
Michelle Chapman (Score Keeper).
9. Copy
of memorandum dated
10. Letter dated
11. Letter dated
12. Notice of public hearings for Heathrow
International Business Center
13. Copy of letter dated
14. Letter dated
15. Copy of memorandum dated
16. Copy of letter dated
17. Copy of letter dated
18. Copy of letter dated
19. Notice of public hearing – City of
20. Copy of letter dated
21. Memorandum dated
22. Memorandum dated
23. Copy of letter dated
24. Copy of letter dated
25. Memorandum dated
26. Florida Public Service Commission Bulletin re:
Utilities, Inc. of
27. Letter dated
28. Copy of letter dated
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to reappoint Margaret Johnson to the Library Advisory
Board for a two-year term ending January, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
-----
Commissioner
Carey reported that on January 26 the
-----
Commissioner
Carey said last Friday night, she, Commissioners Dallari and
-----
Commissioner
Carey reported that on the last Saturday in January, the first Geneva Farmers
Market was held and it was such a great success that they are going to do it
again. Another Farmers Market will be
held the last Saturday in this month, February 24, at the General Store on
-----
Commissioner
Carey stated this Friday, February 16, 7:00 a.m., the Seminole County Prayer
Breakfast will be held at the Lake Mary Marriott, followed by Chairman Henley
delivering the State of the County message at 11:30 a.m. at the same location.
-----
Commissioner
Carey announced the MetroPlan meeting for tomorrow morning, February 14, and
she asked if anyone had issues to be brought up to see her or the Chairman for
that this afternoon.
-----
Commissioner
Carey further announced that tomorrow afternoon, she will be speaking to the
Issues Committee for the Seminole County Chamber regarding the pros and cons of
impact fees, what kinds of funds they would generate, and how that would affect
those in the community in the future.
-----
Commissioner
Carey stated that next week the East Central Florida Planning Council meeting
will be held, and the myRegion issues are wrapping down. She asked if anyone had anything to add to
that, she would have the opportunity to do so at the Planning Council’s
meeting.
-----
Commissioner
Carey stated on Saturday, February 24, the Bookertown Heritage Festival will
begin at 10:00 a.m. at the
-----
Commissioner
reminded everyone that tomorrow is Valentine’s Day and do not forget their
significant others. She distributed
gifts of candy and wished all a Happy Valentine’s Day.
-----
Commissioner
Dallari advised he had a conversation with Rick Gould (phonetic) of the
Citizens Bank who owns the Lee Ranch about how the State is interested in
trying to purchase, through mitigation rights, portions of the ranch they have
on the eastern side of the County. Mr.
Gould would like to know if the County would be willing to participate in
trying to make those inquiries. He asked
Ms. Coto to have a conversation with Mr. Lee to see where that can go.
-----
Commissioner
Dallari said the Board had a presentation earlier this year about the County
going wireless, and to do that, they must have a study to determine what the
pros and cons are. He had a conversation
with Raymond Berridge with the High Tech Corridor and he informed that they
would like to enter into a conversation with the Board to see about helping to
fund the study. He asked Ms. Coto to
also have that conversation with Mr. Berridge.
-----
Commissioner
Dallari said they did have continued work with the Oviedo JPA and he thanked
Ms. Boswell. He said they discussed
Transition Areas 2 and 3 with the
-----
Commissioner
Dallari asked Commissioner Van Der Weide to give an update on the status of Mr.
Ben Tucker’s health.
-----
Commissioner
McLean stated earlier today the Board approved Item #19 on the Consent Agenda
for a 1400’ boardwalk in Black Hammock.
He believes all Commissioners received a letter from Mr. Richard Creedon
from the East Seminole Rural Coalition mentioning the idea of naming the
boardwalk Logue’s Way in honor of Jim Logue and his long-standing defense of
the Black Hammock area. Commissioner
McLean said that process is moving forward through the Parks & Recreation
Department; and it will go through the Natural Lands Committee, through Ms.
Coto’s office and come back to the Board possibly on February 27. He said he thinks it would be appropriate for
the Board to consider that.
-----
Commissioner
McLean advised he was the speaker at the last Geneva Association meeting on
February 5 and one topic of interest was the antiquated and non-conforming lots
and, with Ms. Boswell’s help, they were able to show the lots from a
proportional standpoint is relatively small from a percentage standpoint. Once that was seen, he thinks the citizens
were much more comfortable with the approach the Board is trying to take.
Commissioner
McLean stated as heard from myRegion.org this morning, there was discussion
regarding some of the modeling and roads that were depicted in the center’s
choice. He mentioned that without any
DOT plan, this was for conceptual discussion only and along with that, they
have no money. That seemed to make
everyone happy. Also, there was a fair
amount of discussion on WiFi. The next
day, he went to a workshop regarding municipal WiFi and it was very
informative. The workshop included
discussions of the mesh technology and the web mex. He said it seems that as they have various
entities looking at this, with
Chairman
Henley said regarding the City/County Advisory Committee, there was a request
the other day that the Board schedule a meeting as soon as possible for the
joint meeting of the city and county again.
He said he doesn’t know when the report is coming back from the
consultant regarding Fire/EMS. The
Committee wants to turn the siren issue over to the joint City/County Committee
in order to follow through on that.
Chairman Henley said Commissioner McLean, as he is now Chairman of the
Committee, can coordinate with his Aide to make contacts and schedule a date
for the meeting.
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Commissioner
McLean stated a couple of meetings ago, there was some discussion on the ATV
statute and the potential of implementing the exemption of that and the Board
left it in the hands of the Sheriff’s Department to see if it made sense to
consider. He received a Petition, as
shown on page _______, from a number of citizens this morning asking that
Chairman
Henley said they need to check whether the next meeting is appropriate or
not. He thinks there are a number of
items for that meeting. If it is the
wish of the Board, they will move forward with establishing a time to hear the
information.
Commissioner
Carey asked what was the feedback from the Sheriff, and Mr. McMillan reviewed
the Sheriff’s position was that he didn’t think there was going to be a problem
and they would enforce the law as written.
If any citizens have a problem, they are to call the Sheriff’s Office.
Commissioner
Carey said enforcement of this is the Sheriff’s issue and his opinion counts
for a lot.
Mr.
McMillan said Ms. Coto has spoken to the person having the petition signed and
it appears the problem is a private ingress/egress easement and that statute
does not even apply to that.
Ms.
Coto advised she has spoken to the first signer on the petition and had written
communications with e-mails and faxes and this individual lives on
Mr.
McMillan said the statute only authorizes ATV’s to be driven on unpaved, public
roads with a posted speed limit and it does not apply to private roads or
private easements. He said with or
without the statute, the resident’s problem is the same, no matter what is done
relative to the statute and ATV’s.
Commissioner
McLean said the other folks involved may be in the same neighborhood, but he is
not aware of it. He would caution coming
to the same conclusion without knowing the facts.
Ms.
Coto said, if the Board would like, she would be happy to set up a meeting and
try to determine whose district the residents are in to notify the appropriate
District Commissioner and see if they can find out the circumstances. Commissioner Carey suggested getting the
Sheriff involved with that meeting so he can know what’s going on.
Chairman
Henley stated the Board will wait to hear back from Ms. Coto before they decide
in which direction they need to go regarding the request.
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Commissioner
Van Der Weide stated he was also approached by Rick Lee, and he was with the
group that went to see the Governor.
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Commissioner
Van Der Weide said the groundbreaking for the new fire station on SR 436 was
held and everyone had a great time. He
thinks this will be a real benefit for the community. He noted that the new facility will replace
the oldest fire station in the County. He
gave the historical background of the fire station.
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Commissioner
Van Der Weide advised that Mr. Tucker is in the hospital in
Chairman
Henley shared a conversation he had with his cardiologist and he was
complimentary of the action taken regarding having the AED equipment
available. He also expressed a concern
to have the equipment at the soccer fields (at
Ms.
Coto advised she received a phone call from Superintendent Vogel today and the
School Board will meet this evening and will take up the issue of impact
fees. Chairman Henley stated he had
received word last week that the School Board would be approving the impact
fees tonight, so apparently they feel confident to move forward.
PUBLIC
COMMENTS
Chairman
Henley stated there is at least one individual who would like to address the
Board.
Franswa
Zager (phonetic), 1702 S. Magnolia, representing a Coalition of Concerned
Seminole County Residents, addressed the Board to read written comments that
they are all saddened by the loss of life due to the tragic fire at Animal
Services last week. She asked the Board
to consider the comments in 2003 by the Humane Society of the
Chairman
Henley asked for a show of hands and all in attendance raised their hands in
support of the speaker’s comments.
Lee
Seretti (phonetic),
Perry
Seddick (phonetic), teacher with
Shelia
DePace, 1600 S. Park, addressed the Board to ask if anyone was on staff at the
time of the fire and how is it the fire was going through the roof before the
Fire Department got there. Chairman
Henley advised he didn’t know the information, but the Board will be getting an
update, and a briefing and recommendations from staff. She stated three key factors for the cat
overpopulation problem. She thinks a lot
of people were shocked to know how many animals were being processed through
the shelter. She said she thinks a
little bit of awareness and education could do phenomenal things. She stated
Chairman
Henley said some had addressed the education part and he asked if anyone had
approached the School Board to see if they could begin instruction to the students
on the care and responsibility of animals.
He said this would be a good start.
Ms. DePace gave a report on the
trap, neuter, return program in
Commissioner
Carey advised the County has an Animal Shelter Citizens Committee and each
Commissioner have appointees on that.
They are working on trying to get a mobile spay/neuter unit, which she
brought up a couple of years ago. Also,
during the last budget, the Board gave some additional money for some improvements
to be made at the animal shelter, and some additional positions were
funded. She said the Board is aware
there are issues and she thinks the Commission is trying to move forward and
deal with them. The shelter has been
there for a long time and has a lot of needs, and this may be an opportunity
for them to rebuild it. The Commission
also asked that staff look into working with the agency next to the Flea Market
to see if they could combine their efforts and do better.
Ms.
Coto said she had a meeting scheduled with staff to talk about the spay/neuter
program the day after the fire, so that was cancelled and rescheduled for next
week.
Ms.
Coto advised Commissioner Van Der Weide that the County is self-insured and has
insurance on the building. She said she
will seek direction from the Board on making some improvements to the area to
be rebuilt, because staff has identified some things that were not considered
when the facility was originally built.
Commissioner
Van Der Weide suggested appointing a Commissioner as a liaison to the volunteer
citizens group along with staff and said he would volunteer to do that.
Phyllis
Sayu (phonetic),
Gail
Nagan, 227 Everest Point, addressed the Board to state she doesn’t think the
Advisory Board is sufficient for what’s being asked. She said in those meetings, it takes years
for things to come about. Many of them
already know what’s been going on in the rest of the country to become
progressive and what needs to be done.
She said they need to get together in their own group or task force as
suggested by the first speaker. She said
she doesn’t think fixing up the facility is what the community wants
either. That might work for now, but a
new facility is really needed. The
spay/neuter clinic is something that is really needed.
Chairman
Henley expressed thanks to the speakers for their concern, interest and
dedication. He said the Board gets
information often about things happening in other parts of the nation, and they
don’t deny the fact that there is a problem that needs to be dealt with. They only have so many dollars to deal with,
but he thinks this is an opportunity to evaluate the entire facility and come
up with a direction that would further meet the needs of the community. He said the Board is looking forward to the
report from staff on what happened and the route to take, and at that time, the
citizens will have an opportunity to come and hear that. He said the Board will take the recommendations
given today under consideration.
Commissioner
Carey said it is unfortunate what happened at the animal shelter, but it may be
the perfect opportunity to look at relocating the shelter as part of the master
plan in that area.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:40 p.m., this same date.
ATTEST
______________________ Clerk ____________________Chairman
er/cc