BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 24, 2004
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m. on Tuesday, February 24, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
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 Dr. Bob Parker, Pastor, 1st Baptist Markham Woods Church, Lake Mary.
Sgt. David Cox of the Florida Army National Guard led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Chairman McLain stated Company B, 2nd Battalion of the Florida National Guard based in Sanford has returned home from Iraq. He further stated that after serving 408 days, they returned home with no injuries or deaths. He said three soldiers of the Company B are in attendance. They are: Sgt. David Cox, Specialist Randall Stewart, and Specialist Fred Augustine.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-38, as shown on page _______, honoring the Florida Army National
Guard Company B, 2nd Battalion, 124th Infantry for carrying out their missions with great courage and distinction and returning home safely.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to the soldiers in attendance and congratulated them on a job well done.
Sgt. Cox expressed the Company’s appreciation for the recognition, support, and resolution.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-37, as shown on page _______, proclaiming the week of February 23, 2004 as “National Engineers’ Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Melonie Barrington, Traffic Engineer, and Engineer, J.R. Ball.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-36, as shown on page ______, proclaiming the month of March 2004 as “Purchasing Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ray Hooper, Purchasing Manager, and his staff. Mr. Hooper addressed the Board to express his appreciation.
Michael Snyder, Florida Department of Transportation District V, addressed the Board to present the North/South Commuter Corridor Alternatives Analysis (copy of PowerPoint presentation was received). He stated they are reviewing alternatives that would use the existing CSX rail line and have 13 stations. He discussed the no-build alternative, baseline alternative and the build alternative. The build alternative would use the existing CSX line from Poinciana Boulevard in Kissimmee and run through Orlando to DeBary and would include 12 stations. He advised the benefits would be: increased mobility; increased transit ridership, reasonable cost per rider, no environmental fatal flaws, more efficient use of suburban bus systems; dispersion of corridor traffic; and potential for economic development. He briefly reviewed and discussed the north segment (from LYNX Central Station to DeBary) and the south segment (from Poinciana Boulevard in Kissimmee to LYNX Central Station). He said the north segment capital cost is estimated at $170.35 million and has an annualized capital cost per passenger (2010) at $10.90. The south segment capital cost is estimated at $197.71 million and has an annualized capital cost per passenger at $17.50.
Upon inquiry by Commissioner Henley, Mr. Snyder stated he feels that CSX is open to negotiations. He stated that when they first started talking to the CSX about this possibility, they asked them that if they were totally against this, to say no then. He added that CSX has set up a technical review team to work with FDOT on this issue.
Chairman McLain thanked Mr. Snyder for briefing the Board on this issue. He said he is interested in seeing the region come together with a plan to move forward with commuter rail.
The Chairman advised that Item #9, BCR #04-16 in the amount of $52,500 for Tourism Development, has been pulled from the agenda.
Commissioner Henley requested Item #34, Request for Non-Exclusive Ambulance Franchise Agreement for Coastal Health Systems of Brevard, Inc., be pulled for a separate vote.
Commissioner Henley questioned with (regard to Item #21, Collection Services with Merchants Association Collection Division, Inc.) to what extent is the effort made by the County to collect before a debt is turned over to the collection agency.
Bob Briggs, Environmental Services, addressed the Board to advise his department makes three tries for collection.
Suzy Goldman, Library Services Director, addressed the Board to advise Library Services makes three phone calls. She further advised mostly they deal with people not returning books and moving out of the area.
Ken Roberts, Public Safety Director, addressed the Board to advise their policy is the same.
Upon inquiry by Commissioner Maloy with regard to Item #11, Budget Amendment Request for five road projects, Mark Flomerfelt, Stormwater Manager, addressed the Board to advise they will be looking at the entire south side of the Snowhill Road bridge area for access.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the following:
7. BCR #04-05 – $15,606 – Judicial – Circuit Court – Fund: 00110 – Adult Drug Court Fund/12402 – County Court Facilities Fund. A transfer of funds is being requested to accommodate the purchase of five (5) XTS 5000 digital radios for use by Court Administration. This equipment will give immediate access to technicians and security throughout all County locations and is being requested in order to stay uniform with the system used throughout Seminole County. Funds are already in place in Circuit Court for one (1) radio and this transfer will provide for three (3) additional radios. An additional transfer of Adult Drug Court funds will provide funding for the 5th radio along with the purchase of a laptop computer as outlined in the grant agreement.
8. BCR #04-15 – $1,055,399 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer Fund. Requesting transfer of funds to cover the cost of a transmission main associated with Butler Ridge. A portion of the Consumers/Lake Hayes Water Transmission Main project was planned for construction in conjunction with the Public Works Department’s planned widening of Chapman Road. Since the Chapman Road project and the associated utilities relocation have been delayed, an alternate route was selected for the transmission main. A developer constructing a new residential subdivision planned along the proposed route granted the County a 30-foot easement to accommodate the construction of the 30-inch transmission main. The County negotiated a construction scope with the developer and reimbursement via Exhibit G to the Developer’s Agreement. Funds are available from Chapman Road Utility Relocation project to transfer to the Water Oversizings and Extensions to facilitate this project.
9. Withdrawal of BCR #04-16 – $52,500 – Tourism Development – Fund: 11000 – Tourism Fund. The current research contract with Choice Communications is being terminated due to a shift in marketing pursuits by Seminole County. Research, upon request, will be added to the contract with Paradise Advertising and Marketing, Inc. Requesting a transfer from Contracted Services to the Promotional Activities account line to reallocate funds concurrently with the contract amendment on the Board of County Commissioner’s agenda for February 24, 2004.
10. BCR #04-17 $120,000 – Public Works – Traffic Engineering – Fund: 11541 – 2001 Renewed Sales Tax Fund. Safety issues have arisen due to vehicle and pedestrian traffic conflicts along CR 426, including locations, which serve as access points to the Geneva Wilderness Area and Flagler Trail. This transfer will enable staff to proceed in FY 03/04 with creation of a southbound left turn lane at the Barr Street/CR 426 intersection to address these concerns. Funds are available to accomplish this project from the budgeted Traffic Safety Program Contingency allocation.
11. Adoption of Budget Amendment Resolution #2004-R-39, as shown on page ________, in the amount of $380,000 – Public Works: 11541 – 2001 Renewed Sales Tax Fund. Staff has recently conducted an updated review of candidate improvements to minor/collector-type roadways in Seminole County under the 2001 Renewed Sales Tax Program. To enable programming of construction in the upcoming FY 04/05 budget preparation, design activity is recommended to commence on five projects at this time: Anchor Road, Lake Howell Road, Snowhill Road Bridge, Curryville Road, and Wekiva Park Drive.
12. Adoption of Budget Amendment Resolution #2004-R-40, as shown on page ________, in the amount of $200,000 – Public Works: 11541 – 2001 Renewed Sales Tax Fund. Markham Road and Orange Blvd are rural collector roads in northwest Seminole County. The planned current year improvement for the intersection of these 2 roadways will provide left turn lanes in both the southbound and eastbound directions. During design, drainage issues were identified which increase the estimated construction cost. Time and money will be saved by addressing these issues at this time rather than with a separate project; complications will also be reduced for other improvements that may be warranted at this intersection in the future.
13. Adoption of Budget Amendment Resolution #2004-R-41, as shown on page _______, in the amount of $11,250 – Judicial: 00100 – General Fund. To recognize the Byrne Grant funding approved by the Board of County Commissioners on July 22, 2003. This grant will assist the judiciary in continuing and expanding the successful Felony Division Early Resolution Program and assisting the Drug Court Program. This grant was awarded in the amount of $11,250 with a required match of $3,750 for a total project cost of $15,000.
14. Adoption of Budget Amendment Resolution #2004-R-42, as shown on page _______, in the amount of $1,650,000 – Community Services: 00100 – General Fund. Seminole County has been awarded a $1.65 million Community Partnership Grant from the Department of Children and Family Services. The grant period will run from 7/1/03 to 6/30/05. This grant will provide ten months of start up costs in the amount of $825,000 to our local lead agency, Community Based Care of Seminole and will reimburse the County $825,000 for Temporary Assistance to Needy Families (TANF) eligible services.
16. Approve Change Order #1, as shown on page _______, to CC-1204-03/BJC – NW Service Area Flow Meter Replacement with Interstate Engineering Corp., Boca Raton ($51,802.59 + 56 days).
17. Approve Change Order #1, as shown on page _______, to CC-1214-03/PWM – Southern Service Area Flow Meter Replacement with Interstate Engineering Corp., Boca Raton ($46,971.16 + 70 days).
18. Accept and authorize the Chairman to execute the Certificate of Completion, as shown on page _______, for CC-1192-02/BJC – Tuscawilla Forest Subdivision Wall with Schuller Contractors Inc., Orlando.
19. Accept and authorize the Chairman to execute Change Order #3, as shown on page _______, and the Certificate of Completion, as shown on page ______, for FC-1165-01-A/BJC – CR 419 Phases I & II with Southland Construction, Apopka.
20. Award RFP-4208-04/TLR Contract, as shown on page _______, Seminole County Substance Abuse Services to The Grove Counseling Center, Inc., Longwood (Not-to-Exceed $100,000.00 per year).
21. Approve Amendment #2, as shown on page_______, to RFP-4168-02/BJC – Collection Services with Merchants Association Collection Division, Inc., Tampa (18% of amount collected).
22. Approve Amendment #1, as shown on page _______, to RFP-4196-03/DRS – Marketing Consultant Services with Paradise Advertising & Marketing, Inc. of St. Petersburg, FL (Increase the NTE by $52,500.00/year to cover Research Projects).
23. Approve Amendment #2, as shown on page _______, to RFP-4132-01/JVP – 911 Digital Recording Equipment Purchase and Maintenance Agreement, with Exacom Inc., Concord, NH ($83,584.92).
24. Approve Amendment #1, as shown on page _______, to PS-5125-02/BJC – Cross Seminole Trail South – Phase II with Reynolds, Smith and Hills, Inc., ($18,955.27).
25. Approve Sole Source Procurement and authorize the issuance of Purchase Orders for the purchase of Flygt Submersible Sewage Pumps for the replacement of existing pumps, with Ellis K. Phelps, Apopka (Not-to-Exceed $200,000.00 per year/5 year term).
26. Approve Proprietary Source Procurement and authorize the issuance of Purchase Orders for the purchase of services related to maintenance and repairs of Solid Waste Scales, with Sanford Scales Company, Inc., Sanford (Not-to-Exceed $150,000 for 3 year term).
Library & Leisure Services
27. Adopt appropriate Resolution #2004-R-43, as shown on page _______, amending Section 5.4 of the Seminole County Administrative Code addressing revisions to the Library Services Meeting Room Policy.
Planning & Development
28. Approve and authorize Chairman to execute Second Amendment, as shown on page _______, to the Interlocal Agreement with the City of Oviedo for CDBG-funded infrastructure improvements for (street paving, potable water and sanitary sewer) in the Avenue B area of the City.
29. Approve Caretaker Agreement, as shown on page _______, with Carissa Kent for the Econ River Wilderness Area.
30. Approve and authorize Chairman to execute five (5) Satisfactions of Second Mortgage, as shown on page _______, for households assisted under the SHIP Program’s Home Ownership Assistance Program, as follows: Natalie A. Lackner; Beverly M. Thomas; Debra Eason; Denise Juan; and Daniel L. & Rhonda K. Bowling.
Districts 1, 2, 3, 4 and 5 voted AYE.
A brief discussion ensued with regard to Item #34, Non-Exclusive Ambulance Franchise Agreement and Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc.
Commissioner Henley stated he feels uncomfortable with bringing in a non-profit organization to compete against a for-profit company.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to deny request for a Non-Exclusive Ambulance Franchise Agreement and Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve and authorize the following:
43. Expenditure Approval Lists, as shown on page _______, dated February 3 and 10, 2004; and Payroll Approval List, as shown on page _______, dated January 29, 2004.
44. Chairman to execute Satisfaction of Judgment for Bail Bond Lien for Noel L. Bailey & Roche Surety & Casualty Co. in the amount of $538.
45. Chairman to execute Satisfaction of Judgment for the following Public Defender Liens:
Kenneth Alberici, Case #03007599MMA - $100
Loay Nur Almosawi, Case #03011213MMA - $260
Altonia Y. Cain, Case #02011873MMA - $100
Lisa Coleman, Case #99012532MMA - $100
Aaron Julian Damico, Case #98002573MMA - $40
Robert Carr Dawson, Case #03008462MMA - $100
James John Dimarco, Case #98002573MM - $100
Daniel Paisley Hendricks, Case #03000703MMA - $260
Kimberly L. Jefferson, Case #03010899MMA - $100
Kevin R. Keating, Case #03004076MMA - $260
Justin C. Lewis, Case #99003643CFA - $200
Jose Lozano, Case #03003137MMA - $100
Barbara Jean McNeil, Case #03003312MMA - $100
Christopher Alex Miller, Case #89003185CFA - $350
Sacha Pepper, Case #01009952MMA - $260
Patricia A. Phillip, Case #03009882MMA - $260
Stephen L. Primavers, Case #03009275MMA - $100
Steven Michael Ptashnik, Case #03000333CFA - $200
William Rayner, Case #98001886CFA - $350
Maryann Rosa, Case #02011896MMA - $100
Shannon Smith, Case #03007529MMA - $100
Shawn Patterson Staker, Case #97001770CFB-VOP - $150
Roberto E. Vila, Case #03000994MMA - $100
46. Chairman to execute Satisfactions of Judgment for the following Court Costs:
William D. Everts, Case #01-4943-CFA - $368
Dennis Ray Stephens, Case #02-2696-CFA - $328
Tynsle Tionko Poling, Case #01-13932-MMA - $448
Dennis Ray Stephens, Case #02-3464-CFA - $1,003
Frank Anthony Viola, Case #02-1213-CFB - $213
Victoria Platt, Case #00-4380-CFA - $368
47. Approval of BCC Official Minutes dated January 27, 2004.
49. Authorize expenditure of $29,950 for the purchase of 1,000 Family Table Time “Kits” to engage families in gathering at the kitchen table to stimulate positive family discussions away from distractions of television and radio.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received & filed”:
1. Memorandum to Jerry McCollum, County Engineer, from Herbert Zischkau, Assistant County Attorney, re: Direct Pay Request, CR 46A, Phase III, Parcel #119 and Airport Blvd., Phase III, Parcel Nos. 174 & 175.
2. Revised Development Order #3-22000002, as shown on page _______, Wilshire Townhomes PUD, Lawrence Jackman.
3. Memoranda from Kevin Grace, County Manager, re: Capital Project Fund Transfers for the following: Horselovers Lane; Juvenile Justice Center; and County Services Building Parking & Drainage.
4. Conditional Utility Agreements, as shown on page _______, for water and sewer service with Cambridge Homes LLP for the project known as Hester Oaks.
5. Bill of Sale, as shown on page ______, accepting water and sewer within the project known as Washington Mutual-Westlake Supercenter.
6. Bill of Sale, as shown on page _______, accepting water and sewer for the project known as Alaqua Lakes PH 7B.
7. Title Opinion, as shown on page _______, for Kenmure Subdivision.
8. Letter to Clerk to Board of Adjustment from Catherine Reischmann and Lonnie Groot, Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, re: Board of Adjustment Decision relating to Special Exception Application, City of Casselberry Water Treatment Plant.
9. Notice from Florida Public Service Commission re: Application for Amendment of Certificate #278-W to extend water service area in Seminole County by Utilities, Inc.
10. First and Second Amendments, as shown on page _______, to FC-1139-00.
11. First Amendment, as shown on page _______, to IFB-3044-02.
12. Change Order #3, as shown on page _______, to CC-1196-02.
13. M-419-04, as shown on page _______, Sports Lamp Replacement/Repair Services Agreement, Smithson Electric, Inc.
14. Work Order #23, as shown on page _______, to PS-5129-02.
15. Work Order #80, as shown on page _______, to FC-1139-00.
16. Work Order #3, as shown on page _______, to CC-1215-03.
17. Amendment #2, as shown on page _______, to Work Order #65 to FC-1139-00.
18. Work Order #14, as shown on page _______, to PS-585-01.
19. Work Order #3, as shown on page _______, to CC-1203-03.
20. Work Order #10, as shown on page ______, to PS-5130-02.
21. Work Order #45, as shown on page _______, to PS-566-00.
22. Work Order #2, as shown on page _______, to PS-5127-02.
23. Work Order #14, as shown on page _______, to PS-5120-02.
24. Work Order #14, as shown on page _______, to PS-594-01.
25. Bids as follows: CC-1227-04; PS-5155-04; CC-1226-04; and PS-5157-04.
The Chairman recessed the meeting at 10:25 a.m., reconvening at 10:45 a.m., this same date, with all Commissioners and Officials in attendance.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the following:
39. Approve negotiated settlement of expert costs relating to Parcel Numbers 147 and 947 of the Dodd Road improvement project, located on the east side of Dodd Road 290 feet south of Red Bug Lake Road intersection, Adventist Health System/Sunbelt, Inc., in the amount of $24,437.60.
40. Approve proposed settlement relating to Parcel Number 123 of the Wymore Road improvement project, located at 245 Waterford Court, Altamonte Springs, Mendez, in the amount of $28,750.00, inclusive of land value, severance damage, attorney’s fees and costs.
41. Approve Subordination of Utility Interest Agreement, as shown on page _______, relating to Parcel Numbers 106, 107A, 108 and 109 of the Airport Boulevard Phase III road improvement project between the County and City of Sanford. The City will be required to relocate water lines at an estimated cost of $59,000.00 with actual costs to be reimbursed by the County based on the unit prices in the construction contract.
42. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 163/763 of the Lake Drive road improvement project, located at 1531 Seminola Boulevard, Casselberry, Austin N. and Virginia L. Malcomb in the amount of $20,000.00, with no fees, costs or expenses incurred.
Districts 1, 2, 3, 4 and 5 voted AYE.
DCM, Sally Sherman, addressed the Board to advise Congressman Mica is requesting BCC support in naming the I-4 Bridge at the St. Johns River the “St. Johns River Veterans Memorial Bridge”.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to support the naming of the I-4 Bridge at the St. Johns River the “St. Johns River Veterans Memorial Bridge”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sheriff Don Eslinger addressed the Board to discuss the new Baker Act Legislation, advising this reform has been the Florida Sheriff’s Association’s top priority over the last few years. He discussed House Bill 463, which is sponsored by Representative Simmons. He stated the program reduces homelessness and incarceration and 41 other states already have this program. He added that the Florida Association of Counties has been opposed to the bill; therefore, he urged the Board to voice their support of same and asked FAC to work with the Sheriff’s Association to get this new legislation passed.
Chairman McLain stated it is unusual for the Board to disagree with FAC. Discussion ensued.
Sheriff Eslinger stated he believes there will be a cost savings if the bill is passed. Copy of Baker Act Reform Support in Florida Newspapers information was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to direct the Chairman to draft a letter with the assistance of the Sheriff with same to be submitted to the Legislature and to the Florida Association of Counties in support of HB 463 regarding Baker Act reform.
Districts 1, 2, 3, 4 and 5 voted AYE.
Assistant County Attorneys, Steve Lee and Karen Consalo, briefly updated the Board on the annexation meetings staff has been having with FAC and the League of Cities.
David Gregory, Solid Waste Manager, addressed the Board to give a PowerPoint presentation (copy of slides received & filed) on the residential solid waste management update. He reviewed the following: issues negotiated with haulers; performance calendar for Year 2003; highlight of agreement terms; proposed hauler service areas; price proposal comparison; and monthly collection charges comparison with other counties.
Commissioner Van Der Weide stated this is an improvement over the current contract.
Mr. Gregory stated that at this point, if the Board is satisfied with the terms and conditions, staff can finalize the negotiations and bring an agreement back to the Board for action.
Commissioner Maloy questioned how they will handle the redistricting of service areas. Mr. Gregory advised customers will be notified in advance and the haulers will have their new route maps in hand in plenty of time for the change.
Commissioner Maloy stated he would like to see the side door pickup prices leveled out for the entire County.
Commissioner Van Der Weide commended staff for their work on these negotiations.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to direct staff to complete negotiations with the current service providers addressing franchise agreement terms, conditions and prices; and to bring same back to the BCC for approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
The Chairman surrendered the gavel to Vice Chairman Maloy and left the meeting at this time.
Planner, Michael Rumer, addressed the Board to give a PowerPoint presentation (copy of slides showing the different types of fences/walls were not received & filed) on fence and wall buffering alternatives.
During the presentation Commissioner McLain re-entered the meeting and assumed the position of Chairman.
Mr. Grace advised that there has been a request to continue Item #52, Rezoning request for Deborah Hagen, scheduled for 1:30 p.m. this date.
The Chairman recessed the meeting at 11:28 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize filing of the proofs of publication for this meeting's scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONE/Deborah Hagen (Continued)
Continuation of a public hearing to consider request to Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling District); approximately 15.92 acres located on the east side of Orange Blvd., 0.4 miles north of SR 46, as described in the proof of publication, Deborah Hagen.
Chairman McLain stated staff has received a request from the applicant to continue this item to March 9, 2004 at 1:30 p.m.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to continue to March 9, 2004 at 1:30 p.m., or as soon thereafter as possible, request to Rezone from A-1 (Agriculture) to R-1 (Single Family Dwelling District); approximately 15.92 acres located on the east side of Orange Blvd., 0.4 miles north of SR 46, as described in the proof of publication, Deborah Hagen.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider proposed Amendments to the Capital Improvements, Conservation, Intergovernmental and Potable Water Elements, received and filed.
Dick Boyer, Planning, addressed the Board to review the proposed amendments as outlined in the agenda memorandum. He reviewed Attachment C.3, Water Supply Facilities Work Plan and Attachment D, Capital Improvements Element Update. He stated the legislation requires that adoption of the amendments must occur by January 1, 2005. Staff is recommending transmitting the proposed amendments to the Department of Community Affairs and the final hearing is scheduled for June 2004.
John Horvath, 1004 Bradford Dr., addressed the Board to state he feels that water supply is important and conservation needs to be improved. He stated the cities are using reuse for irrigation and he feels that would be a good use. He said he feels that water conservation is needed and that should be encouraged. He requested that reclaim water be available to his house so that he doesn’t have to use the water off his water and sewer bill. He recommended an educational program for those who are not familiar with it.
At the request of Chairman McLain, Bob Adolphe, Environmental Services Director, addressed the Board to review the expansion of the County’s reclaim water program.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize transmitting the proposed Amendments to the Capital Improvements, Conservation, Intergovernmental and Potable Water Elements to the Department of Community Affairs (DCA), as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider request for transmittal of the proposed Text Amendment of the Economic Element of the Seminole County Comprehensive Plan: Vision 2020 A Guide to the Journey Ahead (SCCP) to the DCA; integrating the adopted Economic Development Strategy for 2003 into the Element, received and filed.
Cathleen Consoli, Planning, addressed the Board to state the present Economic Element has been coordinated between the Planning Department and Economic Development. The proposed Economic Element is an optional element and completes the major update of the Comprehensive Plan. She stated the proposed Economic Element identifies the following four major concepts: (1) Continue to create a great place to live; (2) Build a strong business environment; (3) Communicate the Seminole County Opportunity; and (4) Target areas, industries and occupations. The Economic Element addresses the need to continue to shift the tax base from residential to nonresidential sources (Objective 3). She stated Objective 5 relates to land use designation to accommodate the target industries, which is the HIP or Higher Intensity Planned Development Land Use. It is designed for concentrated developments, which can best utilize the investments made in infrastructure and services. The County will continue to monitor how the HIP land use is being developed. She stated the importance of small businesses and tourism is discussed in Issue 6. Objective 11, (copy received and filed) Retaining Agricultural Businesses in Seminole County, has been modified at the request of the Seminole County Cooperative Extension Manager. The Extension Manager is requesting that an Agriculture Advisory Committee be brought into this process.
Commissioner Henley stated he questions the wisdom of making optional elements a part of the DCA’s submittal. He said he would rather see a required Comprehensive Plan and a Seminole County Requirement Plan.
Kevin Grace, County Manager, stated this is a modification to the existing Element.
Matt West, Planning Manager, addressed the Board to state when they are optional, the DCA doesn’t scrutinize to the level of reviewing the required elements. He stated, however, the DCA might make a comment if they see something that is in conflict with another policy.
Upon inquiry by Commissioner Maloy, Ms. Consoli advised the amendments to Objective 11 are a part of the revised Elements and staff is recommending them.
Commissioner Henley stated if it is not a part of the submittal that is submitted to the DCA, it is easier for the County to adjust it and they do not have to wait until the cycle comes along to make the adjustments. The more that is added to the list, the more the DCA may make it mandatory.
John Horvath commented on Seminole County’s efforts of providing incentives of bringing high tech companies to this area so the residents do not have to drive as far to get to work.
No one else spoke in support or in opposition.
Speaker Request Form was received and filed.
Chairman McLain stated the Board agrees with Mr. Horvath’s comments and they will continue to work in that area.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to transmit the proposed Text Amendment of the Economic Element of the Seminole County Comprehensive Plan: Vision 2020 A Guide to the Journey Ahead (SCCP) to the DCA; integrating the adopted Economic Development Strategy for 2003 into the Element, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain stated there will be a final meeting tomorrow of the Wekiva Task Force and he has been satisfied with the consensus that has been built with this group. He stated if the Board has any issues that they would like to address at this meeting, he will be glad to do so.
Upon inquiry by Commissioner Van Der Weide, Chairman McLain advised he received a very favorable response relative to this issue from representatives in Tallahassee when he attended Legislative Day. The State will be acquiring more property in the basin of Lake County and hopefully, the Western Beltway connection will be completed in the next decade.
Commissioner Morris stated every proposal that was submitted to this group was adopted for the vast majority of what was being proposed. Seminole County is already under the global compliance agreement and it is not a burden to them because he and Commissioner McLain were able to explain those issues to the group.
The following Communications and/or Reports were “received and filed”:
1. Copy of memorandum dated 2/6/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
2. Notice of 2/12/04 Sanford Community Redevelopment Agency meeting.
3. Copy of letter dated 2/3/04 to R. Randolph Lyon, Jr., myregion.org, from Chairman McLain re: Board appointment of Commissioner McLain to serve on myregion.org Board of Directors.
4. Copy of letter dated 2/4/04 to Harry Barley, MetroPlan Orlando (MPO), from Chairman McLain re: appointment of County staff to MPO Transportation Technical Committee (TTC): Jerry McCollum, Cathleen Consoli and Alice Gilmartin as Primary Appointees; Antoine Khoury, Dick Boyer and Tony Walter as Alternates.
5. Copy of letter dated 2/9/04 to Al Grieshaber, Sanford City Manager, from Chairman McLain re: appointment of William B. McKibbin to serve on the Sanford CRA Board.
6. Parks & Recreation Contract for Services, as shown on page _________, for Eileen Ryan (Tennis Instructor).
7. Notice of 2/18/04 Seminole County Port Authority (SCOPA) meeting.
8. Notice of 2/23/04 Seminole County Board of Adjustment public hearing re: 2041 W. SR 426.
9. Memorandum dated 2/10/04 to BCC from Sarah Ritzman, Senior Resource Alliance, re: advocacy update and future meeting schedule.
10. Notice of 2/18/04 Waterfront Master Plan Steering Committee.
11. Memorandum dated 2/10/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $15,920 Juvenile Justice Center project.
12. Memorandum dated 2/12/04 (with attachment) to BCC from Bob McMillan, County Attorney, re: January 2004 Litigation Report.
13. Copy of memorandum dated 2/13/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
14. Copies of letters dated 2/13/04 from Jane Peterson, Library Services Manager, re: appreciation of donation to the County Library System to: Denise Tate, Jerry Tate, Pat Letsinger & Gayle Ricci in memory of Agnes S. Peterson and Colleen K. Kimbro.
15. Copy of letter dated 2/12/04 to Dr. John Hitt, UCF, from Chairman McLain re: UCF Master Plan.
16. Letter dated 2/9/04 to Chairman McLain from William McCarthy, Coastal Health Systems of Brevard, re: non-emergency inter-facility ambulance services.
17. Notice of 3/17/04 City of Lake Mary public hearing re: The Shoppes at Lake Mary request for change of future land use in the Lake Mary Downtown Development District. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
18. Letter dated 2/4/04 (with attachment) to BCC from Michael A. Granger, FL Dept. of Business & Professional Regulation, re: Seminole County share of alcoholic beverage license fees for FY 2002-2003. (cc: BCC, County Manager, Fiscal Services to receive attachment)
19. Letter dated 2/16/04 to BCC from Robert A. Mills, United Assoc. of Journeymen & Apprentices-Plumbing & Pipe Fitting Industry, re: safety record of Poole & Kent Co. (cc: County Managers)
20. Letter dated 2/13/04 to BCC from Congressman John Mica re: 3/12/04 deadline for submission of project requests for federal funding. (cc: County Managers, Public Works Director, County Engineer)
21. Letter dated 2/13/04 to BCC from Joe Montisano, Central FL Zoological Park, re: appreciation of County’s incremental payment of $300,000 toward site master plan capital campaign.
22. Notice of 2/19/04 Seminole County Public Safety Coordinating Council meeting.
23. Copies of letters dated 2/18/04 from Ken Roberts, Public Safety Director, re: appreciation of donations to Animal Services Division to Annie Evans; Joanne Santo and Patricia Spaar.
24. Letter dated 2/16/04 to BCC from Diane Pickett Culpepper, Bright House Networks, re: channel additions for HDTV cable customers.
25. Copy of memorandum dated 2/20/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
26. Letter dated 2/18/04 (with attachment) to BCC from Michael Snare, FL Dept. of Transportation; Mark Tobin, City of Maitland; Tiffany Homler, Central FL Regional Transportation Authority; and Franklin Martz, City of Altamonte Springs, re: North Orange/South Seminole Intelligent Transportation Systems (ITS) Enhanced Bus Rapid Transit (BRT) Circulator project.
27. Notice of 3/3/04 Seminole County Land Planning Agency/Planning & Zoning Commission (LPA/P&Z) public hearing re: General Hutchison Parkway Canopy Roadway designation.
28. Copy of letter dated 2/18/04 to Kevin Grace, County Manager, from Frank Clifton, Casselberry City Manager, re: appreciation of meeting with area legislators.
Commissioner Maloy stated there is one dirt road in his district that is not on the paving list and it is creating a real detriment to some of the neighborhoods. This road is located in the neighborhood of Wentworth Estates and it is similar to what happened off of Lockwood Road.
Chairman McLain stated the Board has found that there are one or two roads that needed to be in the paving program.
Commissioner Maloy stated he would like staff to take a look at the last remaining roads.
Upon inquiry by Mr. Grace, Commissioner Maloy advised that he would like a briefing on what roads are listed and how much money is left. He stated he would like to see if they can delay some things in order to tackle some of the remaining dirt roads.
Chairman McLain requested staff to get back with the Board over the next 30 days on this.
Commissioner Maloy requested staff to check into whether or not CDBG funds can be used for drainage issues in the older neighborhood of the Chuluota area.
Commissioner Maloy stated Mr. Gilley, EDC, forwarded an e-mail relative to some of the many placements of articles that are occurring in the different media circuits from Outlook Magazine, Florida Trend, etc. He stated the EDC is very happy with the coverage about the Orlando market.
DISTRICT COMMISSIONERS’ REPORTS (Continued)
Commissioner Morris complimented the County Manager on the annual report that he received. He stated he hopes that there is a way to get this distributed to the citizens.
Mr. Grace stated the Reports were distributed at the libraries and they are being sent to the homeowners associations as well. He stated if the Board has any ideas of new and better ways of how to get this out, it would be appreciated.
Commissioner Morris stated he had the opportunity to attend the National Association of Counsels and he had the opportunity to Chair that group. The Homeland Security Commission tried to get direct funding to local governments for homeland security. He said because of the way the funds are being coordinated and released, the money is not being distributed to those people who need it the most.
Commissioner Morris stated the annual Boy Scouts dinner is scheduled for next week (March 4, 2004 at 6:00 p.m.) at the Marriott Hotel and he would like to invite the Board to attend to help out with the fund raising.
Commissioner Van Der Weide stated he is happy to report that an agreement may be worked out with the issue of Cutler Road. He stated he and Mr. Grace met with the homeowner’s association to work out an agreement. The homeowner association has agreed to share some of the cost of the road, but the County will have to maintain it.
Robert McMillan, County Attorney, left the meeting at this time.
Commissioner Van Der Weide stated the design work on East Lake Brantley Road has been finished. He stated there are a lot of markings that has been put up by a surveyor. The townhomes that were approved on that corner are being built as well and he is hoping that this whole thing interfaces in a common sense way so that they will not tear up the road while these townhomes are being built. He stated 74 townhomes are being built there and over 600 people are interested in them and are on the waiting list. He said he feels there will be more townhomes of that quality around the County.
Commissioner Henley stated at the last meeting, the Board asked staff to prepare information regarding the water service areas in Casselberry and Fern Park relative to who is providing the service and the size of the lines. He said he appreciates the work staff has done in providing that information and he hopes the Board can make some informed decisions. He stated the Board needs to begin thinking about long-range plans regarding water service with the possibility of expanding the County’s system either through acquisition or trade-off. There is a hodge podge in that area particularly with the cities serving large areas outside their jurisdiction. He said he feels it behooves the Board to give a great deal of consideration to this and look forward to some interlocal agreements with the City as it relates to water service in the County. He added he feels this deserves a great deal of effort in coming up with a more efficient and serviceable area.
Mr. Grace stated he will meet with the Casselberry City Manager and his staff this Friday to discuss these issues. There have been discussions with the previous Casselberry City Manager relative to trading off service areas and trying to eliminate surcharges. He stated they will take another shot at that.
Commissioner Van Der Weide stated he would like to know how much Seminole County’s customer rates are as he is hearing that their water is more expensive than surrounding areas.
Mr. Grace stated it depends on what the usage level is.
Commissioner Henley stated this is something they need to add to the list and monitor.
Mr. McMillan reentered the meeting at this time.
Commissioner Henley stated he received a letter from Chairman Crotty, Orange County Commission, relative to Lynx. He stated the Audit Committee requested that an Ad Hoc Committee be established to review the funding formula. He said the Lynx Board took the position that all the partners should go back to revisit it or adjust it so that everyone will buy into it. The Chairman of the Lynx Board has requested delaying establishing the committee. He stated the letter he received is another reaction of Chairman Crotty’s recommendations and he has some problems with it. He said he needs direction from the Board as to what position they want him to take. This letter is requesting that Orange County hire an outside consultant to do the research. The consultant would submit their recommendations to the Board and to the Ad Hoc Committee. Once they come up with a recommendation, it would come before the Lynx Board for adoption and then be submitted to the funding partners.
Chairman McLain stated he doesn’t have any problems with that if Orange County is willing to pay for the study.
Upon inquiry by Chairman McLain, Commissioner Henley advised Orange County will hire the consultant and they want Lynx to provide some input on the scope of service. The thing that concerns him is realizing some of the relations and the working of past committees, he doesn’t feel comfortable with an objective report if one funding partner hired the consultant. He said he doesn’t have a problem with Lynx hiring a consultant to do the work for them.
Chairman McLain stated he doesn’t have a problem if Lynx goes to their budget first, and if not then the equity assessment of the partners would be based on the recommendations of Lynx.
Commissioner Henley stated the report actually needs to be done as there is a substantial amount of money. He stated he feels the fair thing to do is revisit it and make whatever adjustments.
Chairman McLain stated as much press that Lynx has received, it is surprising to him that it is not in the newspaper as to who is not paying their fair share to the Lynx organization.
Commissioner Henley stated he feels it is the Board’s position that Lynx should fund it and if they can’t, then the cost should be allocated between the local funding partners.
Commissioner Van Der Weide stated he feels comfortable with that.
Commissioner Henley stated one thing he wants to share with the Board is Lynx has a Legislative agenda and when it first came before the Board, there was no mention of rail on that. He stated he raised a question about that. He said he received word that the Coalition has decided that the lobbyist for Orange County, City of Orlando and Lynx is the same person. The Coalition has decided that rail will be dropped out. It needs to be on Lynx’s list in order to be lobbied.
Mr. Grace stated the Lynx Board established Legislative priorities and some other group outside of that decided to drop it.
Commissioner Henley stated they are trying to get that on the table.
Chairman McLain stated he feels that is outside their power of influence to make those changes. The Board has a final say and it would be disturbing if that is the case.
Chairman McLain referred to a memorandum that he received from Tony Walter, Assistant Staff Manager, relative to Item #56, Comprehensive Plan Text Amendment, Myrtle Street Study Area Conservation Village Development Concept. He stated he would like the Board to review same before the public hearing this evening.
The Chairman recessed the meeting at 2:21 p.m., reconvening at 7:03 p.m. with all Commissioners (Commissioner Maloy entered late), with the exception of Commissioner Morris who was absent, 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.
APPEAL OF BOARD OF ADJUSTMENT/WIRELESS
Continuation of a public hearing from January 13, 2004, to consider the appeal of the Board of Adjustment’s decision to deny a special exception to establish a 150 foot-tall camouflage communication tower in the A-1 (Agriculture) District and associated variances from 450 feet to 298.67 feet; 450 feet to 307.46 feet; and 450 feet to 353.5 feet for the minimum separation distance required between a proposed 150 foot tall camouflage communication tower and abutting properties with existing single-family residences; as described in the proof of publication, Wireless Facilities, Cingular Wireless, LLC, and Kevin Karr.
Earnest McDonald, Principal Coordinator, addressed the Board to present the request. He said based on the findings, staff is recommending approval of the special exception, subject to the conditions listed and demonstrative exhaustion of the co-location alternatives in the desired service area. He advised the applicants have not committed to the suggested flagpole design due to technological and propagation constraints. Therefore, staff is asking the Board to consider some camouflage treatments in consideration of this request. He showed pictures (copies received and filed) and described ecclesiastical designs integrating a tower into a church steeple, integrating a tower into a spire, a third integration into a church facility, and the flagpole method of camouflage that has been used in similar uses in the vicinity.
Upon inquiry by Chairman McLain, Mr. McDonald explained the County’s policy for the separation of 450 feet in a residential A-1 area.
Commissioner Henley questioned Mr. McDonald about the staff’s original recommendation against the request. Mr. McDonald stated the staff had a conditional recommendation of approval. He said at that time, the applicants had not come forward with the demonstrated information that the co-location opportunities did not work. Further, he said staff is now recommending the BCC reverse the Board of Adjustment’s decision to deny the request.
Commissioner Henley also asked if staff had received written consent of the owners to reduce the separation distances. Mr. McDonald said staff did not get written consent and that is the reason for the three variances being requested.
Attorney Karl Sanders, representing Cingular Wireless and Markham Woods Presbyterian Church, addressed the Board to state there are two separate applications before the Board--the zoning exception to allow for the use of the communication tower and the zoning variance to allow the tower at this particular site. Because they don’t meet the required separation of 450 feet, they are asking for a variance to reduce the separation to just under 300 feet. He said the BOA denied the special exception application because they needed a variance application. He said the appropriate inquiry is whether or not they meet the requirements for a variance first and, if so, then do they meet the requirements for a zoning exception. He discussed three primary issues for the Board’s consideration: (1) Whether there is a need for the service in the coverage area; (2) Are there any existing towers in the area that can meet this need; and (3) The type structure that is necessary to meet Cingular’s needs.
Mr. Sanders explained that First Baptist Church of Markham Woods has two towers on site (pictures received and filed), one is 135 feet and one that is 90 feet. He said if a third carrier were to collocate on the highest tower, there would only be a height of 90 feet available. The height available on the other tower is 75 feet. He said neither of these is adequate to serve the need demonstrated by Cingular for their coverage. He said these tower applications did not have to go before the Board of Adjustment for approvals, but were permitted as camouflage towers. They are proposing a similar type tower in a different form as a monopine instead of a flagpole. He discussed the height and proposed design of the tower to get it as compatible as possible with the existing developments and uses in the area. He displayed an aerial (received and filed) showing the site proposed for the tower and parcels where the First Presbyterian Church is located and parcels owned by the First Baptist Church. He explained that the application for the variance is concerned with reducing the minimum setbacks to the property lines of single-family homes located south of the tower site. He showed photo simulations (received and filed) of what the proposed tower would look like--view from Fountainhead; view from Dawn Road; view from Acre Drive; and view from Carter Road.
Mr. Sanders said the County’s policy calls for a minimum setback of 450 feet for this 150-foot tower; however, the Code provides for a variance when three separate criteria are met. He said it is their position that they meet that criteria. Copy of the “Minimum Separation from Other Uses” was received and filed. He said they could do some of the alternative designs that staff showed and some they could not. He explained the flagpole design with the way the antennas are mounted makes it incompatible with Cingular’s network and does not meet the need in this area. He showed the first ecclesiastical design described by staff and said they could do that, but explained the others would not be feasible at this location.
Upon inquiry by Chairman McLain, Mr. Sanders said he does not know if there is any other site on the property that would not require a variance.
Cliffe Barnett, Director of RF Engineering at Cingular, addressed the Board to answer the question by Commissioner Van Der Weide regarding why they don’t have the technology to work within a flagpole and what is so unique about this site. He said it is not that their technology is so different. The issue with the existing flagpole is that they would be limited to one type of antennae that fits within that structure. Also, the issue is the ability to receive signals back to the cell site in an environment that is very heavily treed in this area. He said they do use flagpoles and they are good structures for more urban environments. In this treed environment and with the neighborhoods and Wekiva Basin, there is not as much reflection of the signals, so the flagpoles do not work.
Charlotte Smith, speaking for herself and her husband, 1004 Grove Manor Drive, Clerk of Session at Markham Woods Presbyterian Church, addressed the Board to state from the Church’s point of view, they support the appeal and use of the church property. She said several years ago, no one anticipated the impact of cell phones on our lives. She said they are trying to be good citizens and good neighbors in serving the neighborhood, community, and people in the area by making their property available. It is a benefit to the church for this, but that also extends to the church’s ability to reach out and serve the community. They agree with Cingular’s attempt to make the tower as pleasingly compatible with the neighborhood and trees as possible.
Frank Matinos, 3720 Wimbledon Drive, addressed the Board to state they have heard some proposals that there is a need and there are no other suitable sites. He urged the BCC to consider that should not simply be justification to allow a variance. Another cell phone company could set precedence for having a variance. He said other towers were identified. These are obvious, commercially-located towers. This site on Markham Woods Road is clearly a residential site. He said this would reduce the property values for those behind the tower. The church is being used to serve a commercial purpose. They are not talking about a commercial business being approved, because he doesn’t think the BCC would approve that in this area.
Kenneth Hanke, 2222 Northumbria Drive, speaking as a member of the Trustees of First Baptist Markham Woods, addressed the Board to state he believes there is a misconception and that’s why he is here tonight. He agrees that Cingular needs service in this area. He doesn’t believe all possibilities have been pursued concerning other alternative site locations that would not require a variance. He said no one has contacted First Baptist Markham Woods church concerning any third tower on that location.
Chris Smith, 3700 Wimbledon Drive, speaking for herself and her husband, Steve Smith, addressed the Board to state she would be looking out at the cell tower. Four years ago, she would have said a cell tower doesn’t belong in their area. Two years ago, her daughter was born and now she is saying a cell phone tower doesn’t belong in residential because she doesn’t want a tower where children are playing in a residential area.
County Attorney Robert McMillan interrupted Ms. Smith to state the BCC can’t consider this issue in discussing this matter as it violates federal law to discuss radio waves.
Ms. Smith continued that she thinks this is an eyesore and will drop their property values. She especially hopes the BCC will not allow her daughter to play next to a cell phone tower. She thinks the Sanford Mall is an excellent area.
Wanda Fowler, 3524 Acre Court, addressed the Board to read a letter (received and filed) from Laura Rodriguez (who was unable to be present) stating she is opposed to the tower. Ms. Fowler said she thinks the tower is a health hazard.
Paul Fowler, 3524 Acre Court, addressed the Board to state most of the trees are about 40 to 50 feet tall. County staff minutes say given the character of the area, staff does not believe the tower would conform to the existing surroundings. He submitted a picture (received and filed) of a tower to the Board and a letter (received and filed) from Jeffrey McDonald stating if the tower is allowed to be built, it will drive down the property values for most of the nearby homes.
County Attorney McMillan interrupted Mr. Fowler to state he is asking speakers to avoid discussion of the cell tower as a health hazard. He said if the Board denies the appeal, that is just one more thing the cell tower company would have to cite as why they were denied.
Mr. Fowler also submitted a Petition, as shown on page _______, in opposition to the proposed cell tower. He said he spoke to a pastor who said he has a parcel of land where no variance would be needed. He also submitted his written comments (received and filed) to the Record.
Dimitrius Kioukis, 3810 Wimbledon Drive, addressed the Board to state he has 17 years experience in telephone communications. He submitted items (not received and filed) for the Board’s consideration. He said the Baptist Church is very willing to accept a tower on their property.
Whereupon, Chairman McLain stated the Board is here to hear the request for a variance and special exception on the subject site. If not approved, that is the appellant’s business, but the Board is not in a position to direct them to another site.
Regarding the RF studies, Mr, Kioukis stated he has not seen anything that has indicated total hardship in terms of ruling out other locations where they can take advantage of co-location. He discussed consolidation and said what you’re about to see in the industry is that it will go from about 15 players to approximately six. He has not seen any indications that have been made for AT&T because Cingular and AT&T will be made into one.
Jack Hannahs, 204 Orange Ridge Circle, addressed the Board to state what Cingular is saying is that for their service use, every tower they want to build is going to have to be 150 feet tall. If so, they have a problem. Bell South has a site about one mile from this site. He said this is the wrong place for a 150-foot tower.
Louis Sorensen, 3441 Dawn Court, addressed the Board to state he has concern that his tower throws off cancer rays.
Chairman McLain interrupted Mr. Sorensen to advise he is not accepting any comments based on health issues based on the federal regulations. He advised that legally the Board couldn’t accept any such comments.
County Attorney McMillan repeated his earlier comments that federal law prohibits the Board from considering those comments in making decisions. He stated the Board couldn’t deny requests based on that kind of testimony or consider it in determining where a cell tower might be located. He advised Mr. Sorensen that when he raises the issue, he raises the issue that the cell tower company may challenge any decisions the Board makes on grounds that the Board was swayed by those comments.
Mr. Sorensen continued that all his neighbors are beautiful and spent a lot of money for their homes. He said the tower is just an eyesore. He believes the Presbyterian Church is in the business of the Lord and should not be in any other business.
Quentin Beitel, 4 Quail Run, new President of the Markham Woods Association, addressed the Board to state this item has been on their agenda every month, and they voted in favor of denial of the appeal. He does not think the RF study is correct; he doesn’t think the tower has been justified; and he doesn’t think Cingular has showed enough effort for co-location or alternative locations. He said this definitely affects property values. He discussed that recently in the Orlando Sentinel the property values on Markham Woods Road did not receive the same percentage as all the other homes in the County. He said it is because of the issue that the County continues to try to insert commercial enterprises into residential areas.
Mr. McDonald advised he has additional letters (received and filed) in opposition received just recently (from Brenda Anderson and Peter & Ruth M. Zalewski). He submitted copies to the BCC.
Mr. Sanders stated the federal law says the County cannot unreasonably discriminate among carriers and the Board’s decisions cannot have the effect of prohibiting a personal wireless services. He said they are simply asking to be accorded the same treatment that carriers located on the Baptist Church property were allowed when they did not have to go through this process. It is understandable that their competitors would be opposed. He submitted for the Record the Entry and Testing Agreement (received and filed) dated June 4, 2003 between Cingular and First Baptist Church where they explored their property as a potential site for this tower. He said the Board does not have competent and substantial evidence to deny the appeal. It comes down to two issues of height and design. If the Board feels there are other locations for a monopine tower, that is something they would look at. He asked the Board to look at the evidence that is more than concerns.
No one else spoke in support or in opposition.
Speaker Request and Written Request Forms were received and filed.
District Commissioner McLain asked for a motion to uphold the Board of Adjustment’s decision.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to uphold the Board of Adjustment’s decision to deny a special exception, to establish a 150-foot tall camouflage communication tower in the A-1 (Agriculture) District and associated variances from 450 feet to 298.67 feet; 450 feet to 307.46 feet; and 450 feet to 353.5 feet for the minimum separation distance required between a proposed 150-foot tall camouflage communication tower and abutting properties with existing single-family residences; as described in the proof of publication, Wireless Facilities, Cingular Wireless, LLC, & Kevin Karr, appellants; thereby denying the appeal, Decision of Appeal, as shown on page ________.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain recessed the meeting at 8:07 p.m. and reconvened at 8:22 p.m.
Proof of publication, as shown on page _______, calling for a public hearing to consider amendments to the text of the Seminole County Comprehensive Plan (Vision 2020 Plan) Policy FLU 9.3 Myrtle Street Study Area Conservation Village Development Concept and add Exhibit FLU: Myrtle Street Conservation Village Area, received and filed.
Tony Walter, Assistant Planning Manager, addressed the Board to present the request to transmit the proposed text amendments to the Florida Department of Community Affairs. He gave a PowerPoint presentation (copies received and filed). He advised the LPA/P&Z recommendation on February 18, 2004 was to recommend the BCC transmit the text amendments as part of the Spring Cycle. He discussed the proposed Policy Amendment and said it is new language from what was discussed last year. He read the comments (copy received and filed) from Randall Arendt who responded yesterday.
Mr. Walter advised staff is recommending transmittal to DCA and they would be back on schedule for adoption in June. Staff would also come back in June with the ordinance language that would implement this. He stated he has received some e-mails (copies received and filed) from individuals about this and some phone conversations that this is for the Myrtle Street area only, also some concerns about what the open areas should be.
Commissioner Henley discussed the density bonus with Mr. Walter. He stated he has some reservations about going into this with a flat one for one bonus.
Commissioner Van Der Weide stated he has met with staff and with citizens and appreciated their input. This has been a lot of work for everyone involved. He thinks they are close to something that might work. He said he asked the same question on the density bonuses. He is still not sure they need to go one to one to make this work. He asked if they come up with something that no one is interested in, then what do they have.
Chairman McLain stated under the current circumstances with the land use, the property owner could go in and be in suburban estates with one-acre lots and no open space and have two septic tanks and wells, which is exactly opposite to what the Board is hearing now. He said he was happy to hear that Mr. Arendt said this is going to work very well.
He asked Mr. Walter what would have to change if they went up to two. Mr. Walter replied he doesn’t believe anything would have to change with the text amendment. That would come later in the process as staff goes through the Land Development Code.
Commissioner Maloy stated the language says, “up to additional one dwelling unit per buildable acre, not to exceed a total of two dwelling units.’ Whereupon, Chairman McLain clarified that the language allows adding density up to two, so Mr. Walter’s comment that staff would not have to change the text amendment is correct.
Commissioner Henley stated he thinks they need some latitude to adjust because if it turns out there are a lot more savings on infrastructure, the project might be viable without getting up to that density. He added they need the flexibility.
Chairman McLain said the property owners would have to make that decision.
Commissioner Maloy said this does not prevent anyone from trying to go above two and it would come before the BCC for approval. Mr. Walter affirmed that and said staff feels a total of two would be sufficient for this concept to take root and go forward.
Mary Baker, 651 Myrtle Street, addressed the Board to state she prefers 1 to 1½ dwelling units per acre. She said someone might have forgotten that politicians are representative of what the people who elected them want and wish. In her group, the majority of the people do not want to have too much development in their area. If they are directing the Commissioners that they don’t want the growth, then she doesn’t think the Board should vote for that.
Robert King, 2211 Black Hammock, addressed the Board to state the Black Hammock Association, while not in the Myrtle Street area, would like to comment on the Conservation Village because it is such a powerful thing. He read the written comments (received and filed) from President Jim Logue. He said staff has done an outstanding job and he thinks they are really onto something. He thinks they will be proud and impressed with what happens on Myrtle Street.
Danny DeCiryan, 1581 Silk Tree Circle, President-elect for the North Lake Jesup Community, addressed the Board to submit copies of the “Cost Benefits Using Conservation Design and Development Techniques” (received and filed). He thinks they have a tremendous opportunity with this. He praised the staff for their efforts made in providing this vehicle for them to express their feelings and dreams for the future of the Myrtle Street area. He had the North Lake Jesup residents in attendance to raise their hands, and said they want to preserve the lifestyle they have. He added that their biggest concern is density.
Stanley Stevens, 377 Riverwoods Trail, President of the Southeast Seminole County Voters Association, addressed the Board to read comments from the Association, stating if the Myrtle Street citizens are pleased with the final results, they are too. He read that the Association is opposed to any amendment that would change land use or densities, or any studies concept that could set precedence for any rural areas of the County. They asked that this action be a one-shot deal for this development only.
Robert Jasmin, 1153 Myrtle Street, addressed the Board to state it was an honor to work with staff in putting together what he thinks will be a blueprint for a wonderful thing in Seminole County. He discussed that the Conservation Village Concept by its own nature is better as compared to normal development or cluster development. He asked the Board to think seriously about lowering the density to .5 to make it a reality for the area.
Deborah Schafer, 1740 Brumley Road, speaking for the Sustainable Community Advisory Council, addressed the Board to state they commend the residents and developers of the Myrtle Street area who worked long and hard on this project. She said their concern is what this is going to be called. She stated the conservation name should probably be placed more into a rural area. If this is approved tonight, they are asking that this be called the “Myrtle Street Hamlet.” She said a true conservation village does not have all the concessions that have been made with this. She noted this has been a great process.
Sandy Bierly chose not to speak at this time.
Bill Holmes, CPH Engineering, 1117 E. Robinson Street, representing Acorn Development, addressed the Board to state DAB has not had a chance to review this in depth yet. He said he has a problem with the County taking away flood prone and wetlands and giving people no credit for that land. He said there can still be a conservation village concept by using some of the flood prone land as open space. He thinks it’s unfair to the property owner who has had the land for generations and used it. He said there is a lot of farmland they will end up with having wetlands in the middle of open fields. These were good farmlands based on the soil content, but the farmer had water control and had been draining the land. However, the Water Management District is going to call that wetlands. He said his biggest problem is how they get the 50% open space and people need to be given credit for some of the land they have and has value. He discussed wood restoration and said they must know for sure what they are restoring and what that means before they go into this. Otherwise, they could end up with a lot of costs no one is thinking about now. He would like to see a better definition of what wood restoration is going to be.
Ann Esterson, 1235 Myrtle Street, addressed the Board to state her family has owned and farmed 140 acres on Myrtle Street for over 60 years and they are now looking to develop 60 acres of it. They are long-term residents in the area and know about the drainage. They don’t find problems in that area. She reviewed the staff recommendations and said they feel very strongly that a density bonus of adding one to make it two is necessary to bring the utilities down Myrtle Street. She said this is not going to be an easy fix in that narrow area. She referred to comments by Mr. Arendt and said it has been her position all along that this urban service area is intended to have water and sewer and not intended for septic tanks and wells. She stated their original consultant predicted that some areas might be good for town homes. It is quite a compromise for the property owners to agree with the two units per acre, but she thinks it can be done. She stated they are not pleased with the 50% green area but would prefer 40%. She agreed with Mr. Holmes’ suggestion that the word, “restoration,” be removed from the last part of the text amendment because she believes the word, “management,” would cover design and maintenance of the green area. She asked the Board to give the density of two, provided they comply with the four staff recommendations, so that this experiment on Myrtle Street can be a success and not a failure.
Speaker Request Forms and Written Comment Forms were received and filed.
Chairman McLain clarified with Mr. Walter that this only affects the Myrtle Street area and the text amendment reflects that. He said he would like to use the term, “Urban Conservation Village,” because this is inside the urban boundary and that delineates it from the rural areas. He suggested this as an amendment to the text language.
Upon inquiry by Chairman McLain, Mr. Walter explained what the definition of restoration would be, stating it would be different for each case. He said that would be defined in the ordinances that come back to the Board.
Commissioner Van Der Weide asked for a better explanation of why “restoration” is used and why “management” would not be sufficient.
Planning & Development Director, Don Fisher, addressed the Board to advise the term restoration was there to give some suggestion that this open space area would be converted and utilized to something that would be beneficial to the general public. He said the details to this will be brought back in a few months, and staff will work with the Board and the community. He affirmed with Commissioner Van Der Weide that this will not be a tool for the St. Johns River Water Management District to use.
Commissioners Henley and Maloy stated how they interpreted the meaning of restoration. Whereupon, District Commissioner McLain said this is an area staff needs to work on between now and the next time this issue is considered. He asked for a motion to transmit the amendment with the staff and P&Z findings.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to transmit the proposed text amendments to the Seminole County Vision 2020 Comprehensive Plan to the Florida Department of Community Affairs to set the maximum density, identify incentive bonus criteria, and identify the Myrtle Street Conservation Village Area, with the staff and P&Z findings, and name change by the BCC to the “Urban” Conservation Village; as described in the proof of publication.
Districts 1, 3, 4, and 5 voted AYE.
Chairman McLain recessed the meeting at 9:30 p.m. and reconvened at 9:39 p.m. with all Officials present with the exception of County Attorney Robert McMillan, who was replaced by Deputy County Attorney Steve Lee.
LARGE SCALE LAND USE AMENDMENT
AMENDMENT AND REZONE/MARY ANNE JARELL
Proofs of publication, as shown on page _______, calling for a public hearing to consider a Large Scale Land Use Amendment from Office to Planned Development (PD) and Rezone from A-1 to PUD on approximately 23.7 acres, to the Florida Department of Community Affairs to review and comment, located at the southwest corner of International Parkway and Wayside Drive; and to consider a Small Scale Land Use Amendment from Office to Planned Development (PD) and Rezone from A-1 to PUD on approximately 9.9 acres located at the northwest corner of International Parkway and Wilson Road, Mary Anne Jarrell, received and filed.
Jeff Hopper, Senior Planner, addressed the Board to present the two requests that constitute the project known as Savannah Park at Heathrow. He showed the drawing and described the site plan. He clarified items in the staff report to read the proposed office floor area in the commercial buildings is 36,000 square feet instead of 24,000 square feet; minimum residential unit size would be 1,600 square feet and not 2,000 square feet; and references to condominium ownership of the units are to be deleted. He said the applicant may wish in the future to subdivide and provide for fee simple ownership of the town homes, and staff did not mean to preclude that option.
Mr. Hopper stated staff recommends approval of the Small Scale Amendment and transmittal of the Large Scale Amendment subject to the conditions listed in the staff report. He advised the Tall Trees residents submitted a letter (copy received and filed) which was distributed to the Board that lists their comments and recommendations.
Attorney Rob Gebaide, 200 S. Orange Avenue, representing the applicant, addressed the Board to state they are in agreement with the staff conditions. He responded to the nine items in the letter from Tall Trees Association. Regarding Item #3, he said if the MRO units are developed with a residential component, there would be a gated, rear access that would allow residents to move through the area into garages underneath their residences. Regarding Items #8 & #9, he said they are proposing three access points to the property on Wilson, Wayside, and International. He said limiting the project to one access would not be in the best interest of the County. He added the recommendation to provide that the setback for the Commercial Buildings C & D on International Parkway be provided at 25 feet which is consistent with the Code requirements.
Edward Foley, 308 Silk Forest Terrace, addressed the Board to state he watched the Channel 9 SGTV advertisement for information about Vision 2020. He related how he found sections which talked about neighborhoods being protected and enhanced, and the first objective is to preserve and enhance the community tree canopy and natural vegetation. He asked how many trees would be taken down for this development. He said there are some very large ones on this property. He said in the 50 feet, there are tremendous, big trees and they all could be saved.
Planning & Development Manager Matt West addressed the Board to advise the property is zoned A-1 and a substantial portion of the trees are not there naturally. There is a pine plantation planted across the majority of the property. Under the current A-1 zoning, they could harvest the trees. Also, a lot of old orange trees are planted in between the pine trees. This is why the applicant agreed to a 50-foot undisturbed vegetative buffer. The trees already there should provide a head start with mature trees. None of the trees in the 50-foot buffer will be removed.
Ruth Weeks, 435 Still Forest Terrace, addressed the Board to state with some fear and reservation, the Tall Trees homeowners support the concept of this proposal. Their fear is about the vagueness and lack of details that will come when a buyer comes and gives a formal site plan. The concept appears to be a good transitional use with the residential and retail mix; however, the large gap in details is what is extremely important to them. She requested that the final site plan and developer’s agreement come before the Board in a public hearing. They want to continue to have the good communication with the applicant as in the past and continue to be involved. She discussed some of the issues in the letter from the Tall Trees on the buffer wall and ingress and egress on Wayside and Wilson Roads.
District Commissioner McLain stated he agrees with Ms. Weeks and would want this project to come back before the Board in a public hearing. He advised staff will have the appropriate traffic studies done to address all the concerns. The County will do a survey and the largest trees will be isolated for preservation as much as possible.
Jack Gilliam, 347 Still Forest Terrace, addressed the Board to state he has a concern about the private access to the driveway behind the business section.
Chairman McLain assured him that the Board will not allow any dumpsters there, and the only access would be for private garages for the homeowners to come in and out.
District Commissioner McLain recommended a motion to transmit the Large Scale Land Use Amendment and bring the formal site plan back to the Board at a public hearing.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to transmit the request for a Large Scale Land Use Amendment from Office to Planned Development (PD) and Rezone from A-1 to PUD, on approximately 23.7 acres, to the Florida Department of Community Affairs for review and comment, located at the southwest corner of International Parkway and Wayside Drive; as described in the proof of publication; Mary Anne Jarrell, with the formal site plan to come back to the Board at a public hearing.
Districts 1, 3, 4, and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to enact Ordinance #2004-8, as shown on page _______, approving the Small Scale Land Use Amendment from Office to PD and enact Ordinance #2004-9, as shown on page _______, rezoning from A-1 to PUD, on approximately 9.9 acres, located at the northwest corner of International Parkway and Wilson Road; as described in the proof of publication, Mary Anne Jarrell; and approval of Development Order, as shown on page _______.
Districts 1, 3, 4, and 5 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:08 p.m., this same date.
ATTEST: ______________________ Clerk __________________Chairman