BOARD OF
COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
FEBRUARY 25,
2003
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 25, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain
(District 5)
Vice Chairman Grant
Maloy (District 1)
Commissioner Randy
Morris (District 2)(late)
Commissioner Dick Van
Der Weide (District 3)(late)
Commissioner Carlton
Henley (District 4)
Clerk of Circuit Court
Maryanne Morse
County Manager Kevin
Grace
County Attorney Robert
McMillan
Deputy Clerk Eva Roach
Associate
Pastor Bryan Howard, First Church of the Nazarene, Sanford, gave the
Invocation.
Commissioner Henley
led the Pledge of Allegiance.
Motion by Commissioner Henley, seconded by Commissioner Maloy to adopt
appropriate Resolution #2003-R-48, as shown on page _________, proclaiming the
month of March as “Purchasing Month”.
Districts
1, 4 and 5 voted AYE.
The
Board presented the Resolution to Ray Hooper, Purchasing Manager, and his
staff. Mr. Hooper addressed the Board
to advise that the Purchasing Contracts Division staff achieved a documented
savings of over $21 million by using the competitive procurement process. He stated a vendor fair will be held on
Thursday, March 20, 2003, in the BCC Chambers in
Chairman McLain informed the Board that
Items #46, Economic Incentives for Superchips, Inc. and #50, Supervisor of
Elections Office, will be heard this afternoon (after 2:00 p.m.), as
representatives of the Sanford Orlando Airport are having an emergency drill
this morning and will not be able to attend until after lunch.
Commissioner Morris entered the meeting at
this time.
CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Maloy to
authorize and approve the following:
2. Approve proposed settlement relating to Parcel
Numbers 135 and 735 of the Dodd Road road improvement project in the amount of
$15,000.00, inclusive of land value, severance damage and statutory interest,
Floyd property.
3. Approve proposed mediated settlement relating to
Parcel Numbers 134, 734 and 834 of the Dodd Road road improvement project in
the amount of $72,500.00, Floyd Trust property.
4. Approve and execute
Agreement, as shown on page ________, for Extended Possession until April 30,
2003 of Parcel Number 111 of the Airport Boulevard Phase III road improvement
project, located at 2704 Country Club Road, Sanford.
5. Adopt appropriate
Resolution #2003-R-50, as shown on page _________, discharging any and all
liens for taxes on the property identified by Tax I.D.
#26-19-30-5AE-350A-0000. Property was
acquired for uses associated with the Airport Boulevard Phase III road
improvement project.
Districts 1, 2, 4 and 5 voted AYE.
Steve
Lee, Deputy County Attorney, and Sally Sherman, Deputy County Manager,
addressed the Board to present legislative issues relating to annexation
proposal dealing with internal and external enclaves and regular
annexations. He stated a telephone
conference is scheduled for tomorrow morning (February 26, 2003) in which the
representatives of the Florida Association of Counties will discuss issues that
are still open. The most important one
the County has identified is the leverage or bargaining power that will be
given to cause the counties to come to the bargaining table in good faith. There are several proposals floating out
there which involves restrictions on the counties’ ability to deal with land
use changes and the ability to use some revenue for the following fiscal year
in the event the counties do not negotiate in good faith. He stated Mr. Grace has established a group
to review the whole issue of annexation and they have come up with two
proposals, one is an issue where governing boards are required to go through a
mediation process to assure they are dealing in good faith. The other issue is if negotiations failed to
reach approval of an interlocal, the current annexation process would remain in
place and available, but in order to go through the current annexation process
you will have to go through the mediation process in order to ensure that no
agreements could be reached. If the
Board feels that these proposals make sense, staff will provide their comments
and input during the conference tomorrow.
Upon
inquiry by Commissioner Maloy, Mr. Lee advised the Florida Association of
Counties and Florida League of Cities are attempting to negotiate something
that is acceptable to both groups. He
stated Senator Constantine indicated that if an agreement is reached, he will
sponsor in getting the bill passed.
Kevin
Grace, County Manager, addressed the Board to state the Legislature directed
the cities and counties to come back with a proposal to deal with
annexation. This issue is much bigger
around the State than it is in Seminole County. The Legislature is trying to get both entities to try to come up
with a fair solution.
Commissioner
Maloy stated he feels the cities created the enclaves when they annexed around
them. It is ironic that you annex
around it and they come back to complain that there are enclaves when they
created it.
Mr.
Grace stated external enclave is an issue that concerns staff because when you
look at the urban service area, the majority of the unincorporated area and
urban service area could be construed to be an external enclave, which is
surrounded by more than one city.
Commissioner Maloy stated he feels
that property owners should be able to give their input, as they are the one
that can be impacted depending on the value of their homes. He said he feels the County should review
the concept of the cities de-annexing areas as well.
Mr.
Grace stated the city is the only one that can de-annex.
Commissioner
Maloy stated he supports the concept of the County Attorney’s office. The Board voiced no objections.
- - -
Mr.
Lee referred to a letter (received and filed) sent to Mr. Harold Barley,
MetroPlan, relating to Representative Johnson’s Lynx proposal. He stated there are four different issues. The first deals with a transition period,
the second is an exit option, the third deals with a statement that nothing in
the bill deals with the ability of the Expressway Authorities or the counties
to build up or maintain roads, and the fourth deals with any changes to the
governance of the entities.
Commissioner
Morris stated the one thing that is important is for the County to monitor
other governmental entities. He stated
the County needs to see what their partners have said relating to this. The Board did have discussions dealing with
the issue of the Legislation contemplating or not contemplating the expansion
of the Authority. The local agency
should not have to request a membership be increased geographically.
Chairman
McLain stated he feels the Board will want to make sure that element is in the
Legislation for geographic enlargement of the agency.
Mr.
Lee suggested adding a power that would authorize the CFAST entity to increase
its geographical size by Interlocal agreement.
Commissioner Morris also suggested adding a power to increase membership
by population.
Commissioner
Morris stated the County should make it crystal clear that they are not
referring to increasing membership within the current contemplated CFAST
geographic area.
Sally
Sherman, Deputy County Manager, addressed the Board to state it is her
understanding that Representative Simmons is working on a bill dealing with the
same issue and as soon as it is revised, they will forward it to staff and
staff will submit that to the Board for their comments.
Chairman
McLain stated this may be the time to discuss his and Commissioner Henley’s
trip to Tallahassee. He stated he
wanted to make sure that the Delegation was aware of their concerns relative to
new expenses the County would be obligated to pay for without funding coming
with it. He said he and Commissioner
Henley also made their position very clear on the planning process and the
reconstitution of the MetroPlan and their support of Representative Johnson’s
bill.
Commissioner
Henley stated he and Chairman McLain spent some time discussing issues relating
to the emphasis of passing through costs to Seminole County and the possibility
of having to increase taxes.
Chairman
McLain stated he feels the message got across, as they were very frank in their
discussions.
Mr.
Lee stated there has been talk that Orange County may be reexamining their idea
of taking over Lynx.
Commissioner
Morris asked why couldn’t they go back to the original plan of not wanting to
change it at all.
Upon
inquiry by Commissioner Morris, Chairman McLain stated he has met with
Representative Simmons and the Board will be getting a copy of his bill. He stated his bill will maintain a duel
authority of mass transit and planning.
He said his thoughts of reconstituting the board might be an issue that
the Board may want to review as it takes appointees out. The Board will be hearing more on that in
the near future.
Mr.
Lee submitted a copy of a proposed bill (received and filed) relating to
changes with the Community Redevelopment Act.
The Statute regarding expansion or modifications to existing CRAs in
Charter counties is unclear. A Polk
County case says that the CRA does not require County approval to modify or
change an existing CRA. He stated a lot
of people in Leon County are upset about a proposed CRA extension in
Tallahassee. Leon County is asking for
Seminole County’s support of the bill that would make it clear that amendments
or modifications to existing CRA’s and charter counties require County
approval.
Upon
inquiry by Commissioner Henley, Mr. Lee advised he doesn’t believe the County
can change the existing CRA under the new legislation.
Mr.
Grace stated he doesn’t believe it grants anyone unilateral decision-making
authority, but it makes sure that both the City and County would have to
agree. The consensus of the
Board was to support that concept.
Chairman McLain advised that Item #22,
Accept Certificate of Completion for FC-1176-02, has been withdrawn.
Motion by Commissioner Henley, seconded by Commissioner Morris to
authorize and approve the following:
12. BCR 03-30 – $50,000 – Public Works – Stormwater – Fund:
11541 – 2001 Renewed Sales Tax fund.
The previously constructed extension of
Snowhill Road is contributing stormwater flows into the drainage system along
Willingham Road. The outfall for the drainage
system along Willingham Road is insufficient, and continued flooding will
adversely affect property owners. A transfer of funds from the 2001 Renewed
Sales Tax reserves will allow design and permitting of a new outfall to occur
in the current fiscal year. Construction can then begin in FY 03/04.
13. BCR 03-32 – $250,000 – Public Works – Road
Operations/Stormwater – Fund: 13000 – Stormwater fund. An accounting adjustment is needed to
consolidate St. Johns River Water Management District funding for the Little
Econlockhatchee/Crane Strand into one project.
14. BCR 03-34 – $96,500
– Environmental Services – Solid Waste – Fund: 40201 – Solid Waste Fund. Additional funds are needed to pay for SW
Osceola Road Landfill building construction contract due to emergency generator
costs, slip resistant floor costs, permitting and review costs, fire tank
retrofit costs, two hour fire rated wall costs, county and non-county staff
occupancy requirements costs and higher wind load related costs.
15. Adopt appropriate Budget Amendment Resolution #2003-R-52, as shown on
page ________, $300,000 – Public Works: 13000 – Stormwater. Based on the Fourth Amendment to the
Agreement between Seminole County and SJWRMD (Contract # 99W232, Amendment #4),
approved by the Board of County Commissioners on February 11, 2003, SJRWMD will
reimburse the County $300,000 for the Little Wekiva River Watershed Management
Plan-Northwestern Ave., Horselovers Lane Projects.
16. Adopt appropriate Budget Amendment Resolution #2003-R-53, as shown on
page ________, $250,000 – Public Works:
13000 – Stormwater. Based on the
Third Amendment to the Agreement between Seminole County and SJRWMD (Contract #
SD641AA, Amendment #3), approved by the Board of County Commissioners on
February 11, 2003, SJRWMD will reimburse the County an additional $250,000 for
the Little Econlockhatchee River-Crane Strand System Retrofit Project.
17. Adopt appropriate Budget Amendment Resolution #2003-R-54, as shown on
page ________, $405,000 – Planning & Development: Home Program Grant
fund. These funds were originally
expended from the Home Program Grant for the Florida Community Capital
Corporation (FCCP). Subsequently, staff has determined that the scope of the
FCCP is more compatible with the guidelines of the SHIP program. Consequently, this expenditure has been
re-designated to the Ship program. As
the Home Program Grant funds were originally established in FY 01/02,
accounting procedures require these funds to be reestablished in FY 02/03. These funds will be utilized for programs
approved by the Board of County Commissioners on September 10, 2002.
18. Adopt appropriate Budget Amendment Resolution #2003-R-55, as
shown on page ________, $5,968 – Planning & Development: 11902 – Home
Program Grant. These funds were to be
expended from the FY 97/98 Home Program Grant in FY 01/02; however, the invoice
for the encumbrance was not posted until FY 02/03 and the funds were not
rebudgeted. As a result, these funds
need to be re-established in the FY 97/98 Home Program Grant for FY 02/03 to
complete the expenditure process.
19. Award
CC-1195-02/BJC, as shown on page ________, Osceola Road Landfill Maintenance
Building and Roadway Improvements, to GCI/General Constructors, Inc., Altamonte
Springs, ($1,060,967.00).
20. Award CC-1200-02/BJC, as shown on page
________, Northwest Avenue Erosion and Sedimentation Control Project, to
Schuller Contractors, Inc., Orlando ($764,000.00).
21. Approve
Change Order #6, as shown on page ________, to FC-1142-00/BJC – County Road
427, Phases V and VI, with Bergeron Land Development, Kissimmee ($43,515.95)
(Time Extension).
22. Withdrawal
of request to accept and authorize the Chairman to execute the Certificate of
Completion, as shown on page ________, for FC-1176-02/BJC – Central Transfer
Station HVAC Renovations, to Air Mechanical & Service Corporation, Orlando.
23. Approve ranking list for PS-5133-02/BJC,
Professional Services for Parcel Sketch Services for Property Acquisition,
authorize negotiations and award Agreement, as shown on page ________, to
Professional Engineering Consultants (Not-to-Exceed $200,000.00).
24. Approve Amendment #1, as shown on page
________, to PS-528-98/BJC – Construction Engineering and Inspection Services
for C.R. 427 – Phases V and VI, with URS Corporation, Orlando ($148,660.90).
25. Approve Second (Final) Renewal to PS-583-01/BJC
– Continuing Agreement for Professional Landscape Architecture and Irrigation
Design Services, with Herbert Halback, Inc., Orlando and David Wickham &
Associates, Inc., Lake Mary (April 26, 2003 through April 25, 2004) (Not-to-Exceed
$60,000.00).
35. Approve and authorize Chairman to execute three Satisfactions of Second Mortgages – Early Release, as shown on page ________, for Jefferson E. & Maria C. Juri, James L. & Michelle M. Lajoie, and Julio C. & Yolanda Coria, for households assisted under the SHIP Program’s Home Ownership Assistance Program.
Districts 1, 2, 4 and
5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Maloy to authorize and
approve the following:
A. Expenditure Approval Lists, as shown on page
_________, dated February 4 & 11, 2003; and Payroll Approval List, as shown
on page ________, dated January 30, 2003.
B. Chairman to execute the following
Satisfactions of Judgment for Court Costs:
Selma C. Johnson, Case #98-3797-CFA - $278
Tony Lamar Shipp, Case #00-2993-CFA - $4.75
Michelle Thatcher, Case #01-3366-CFA - $368 and Application of
Indigency Fee
Edward Addison, Case #01005000CFA - $100
Pamela L. Barr, Case #02005332MM - $200
Julio Bravo-Ramirez, Case #02000606CFA - $200
Janie M. Brown, Case #02000343CFA - $100
David P. Brutout, Jr., Case #99005089MM - $100
Mark Randall Corley, Case #91012110MM - $100
Elizer Danzy, Case #01000776CFA - $100
Carrie Beth Everett, Case #96000459CFA - $400
Alfred J. Freeman, Case #01002107CFA - $100
Norman Griffin, Case #97001446CFA - $300
Thomas A. Hendrickson, Case #02002314CFA - $100
Megan Marie Jackson, Case #02000199CFA - $100
Larry David Jones, Case #01012929MM - $260
Wellington D. Liranzo, III, Case #02002836CFA - $100
Michael G. Lopez, Case #02003023CFA - $100
Leslie S. McCain, Case #02000198CFA - $100
Omid K. Moradian, Case #00003454CFA - $100
Marie Ann Moyers, Case #01003531MM - $50
David A. Remsen, Case #02000067CFB - $100
Maryl (J.R.) Rusch, Case #95001437CJA - $200
Arturo Mendez Sanchez, Case #02010329MM - $200
Sabrina Smallwood, Case #02000432CFA - $100
Richard Palcowski Vincent, Case #02009540MM - $260
Dennis L. Wells, Case #99003546CFA - $200
Harry A. Wilson, Case #02009094MM - $100
Koren J. Zile, Case #02000764CFA - $100
D.
Chairman
to execute Satisfaction of Judgment/Bail Bond Lien for Keyunta Katrice Parker
& Lexington National Ins. Corp. - $538.
E. Approval of BCC Official Minutes dated
January 28, 2003.
Districts 1, 2, 4 and 5 voted AYE.
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The Board noted, for information only, the
following Clerk’s “received and filed”:
1. Revised Notice of Commission Hearing to Florida Digital Network, Inc., BellSouth Telecommunications, Inc., Time Warner Telecom of Florida, L.P., US Lec of Florida, Inc., XO Florida, Inc. and All Other Interested Persons relating to Docket Nos. 020119-TP, 020578-TP and 021252-TP.
2. Memoranda to BCC from Kevin Grace, County Manager, re: Capital Project Fund Transfers for Natural Lands in the amount of $20,000 and $20,500.
3. Letter to Travis Taylor, CSX Transportation, from E.D. Cabarga, Florida Department of Transportation, re: SR 46 E. 25th Street.
4. Letter and Bill of Sale, as shown on page _________, accepting water and sewer for the project known as Alaqua Lakes Phase 7.
5. Development Order #2-32000019, as shown on page _________, Barbara Brannon, for the project known as Lake Mary Daycare Special Exception.
6. Special Warranty Deed, as shown on page ________, for Northland Community Church, Inc. for the Lake Drive project.
7. Performance Bond #6187344, as shown on page _________, in the amount of $135,046 for the project known as Osprey Lakes, Phase 2 & 3.
8. Development Order #02-5500049, as shown on page __________, Ellis & Helene Schauder for the project known as Schauder Residence Minor Plat.
9. Covenant to Comply with Center for Affordable Housing, as shown on page __________, as approved by the BCC on September 11, 2001.
10. Memorandum from Shirley Berrie, County Attorney’s Office, submitting the following documents, as shown on page _________, First American Title Insurance Company Policies #FA-35-803167 and FA-35-803165, Quit-Claim Deed for Walter Bradley, Darlene Bradley Sawyer, Armazene Bradley, Jerome Bradley, and Veronica Bradley-Brown, Warranty Deeds for Barbara Ann Jackson, Deroyal Industries, Inc., and Thomas Ball, III, First American Title Insurance Company Policies #FA-35-803163 and FA-35803164, and Temporary Construction Easement for the project known as Airport Blvd. Phase III; Warranty Deed, Temporary Construction Easement, Permanent Drainage Easement for Miriam Louis Martin for the project known as Chapman Road; First American Title Insurance Company Policies #FA-35-803125, FA-35-803166, FA-35-803167, FA-35-803128 and FA-35-803126 for the project known as Lake Emma Road; First American Title Insurance Company Policies #FA-35-803127 and FA-35-828887, Warranty Deed for Ronald & Anita Raike for the project known as Wymore Road; and General Release Inverse Claim for Jason & Jennifer Rucker.
11. Memorandum from Shirley Berrie, County Attorney’s Office, submitting the following documents, as shown on page _________, First American Title Insurance Company Policies #FA-35-828918, FA-35-828917, FA-35-828923, FA-35-828919, FA-35-828920, FA-35-828921 and FA-35-828922 for the project known as Airport Blvd., Phase III; First American Title Insurance Company Policy #FA-35-828915 for the project known as 46A, Phase III; First American Title Insurance Company Policy #FA-35-828924 for the project known as Wymore Road; and First American Title Insurance Company Policy #FA-35-828916 for the project known as Lake Emma Road.
12. Conditional Utility Agreement, as shown on page _________, for water service with James A. & James M. Hattaway for the project known as Big Tree Crossing Lot 14; and Conditional Utility Agreements, as shown on page ________, for water and sewer service with Maronda Homes for the project known as Maronda Systems Ph. 1.
13. CC-1199-02 Agreement, as shown on page ________, with Sunshine Building & Development Corp.
14. First Amendment, as shown on page _________, to Work Order #1 to PS-527-98.
15. Strand Fiber Optic Cable Installation Agreement RFP-4179-02, as shown on page _________, with Harris-McBurney Company.
16. Work Orders #52 and #55, as shown on page _________, to FC-1139-00
17. Work Order #14, as shown on page _________, to PS-574-00.
18. First Amendment, as shown on page ________, to Work Order #3 to PS-568-00.
19. Work Order #39, as shown on page _________, to PS-590-01.
20. First Amendment, as shown on page _________, to Work Order #23 to PS-590-01.
21. Twenty-fourth Amendment, as shown on page _________, to RFP-413-97.
22. Work Order #5, as shown on page _________, to PS-5116-02.
23. Work Order #7, as shown on page _________, to RFP-4109-01.
24. Work Order #7, as shown on page ________, to PS-585-01.
25. Work Order #2, as shown on page _________, to PS-5124-02.
26. M-355-03 Engineering Services Agreement, as shown on page __________, with Reiss Environmental, Inc.
27. Bids as follows: PS-5134-03, IFB-3066-03 and RFP-4178-02, as shown on page _________.
Chairman McLain advised that Item #46, Approval of Jobs Growth
Incentive Economic Development Agreement with Superchips, Inc. in the amount of
$12,000 has been continued to the 1:30 meeting.
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Debbie Leigh, Code Enforcement,
addressed the Board to present request to rescind the Code Enforcement Board
Lien Case #99-41A-CEB, in the amount of $10,500; and to reduce Case #99-61A-CEB
in the amount of $42,750, on property located at 825 Nocturne Drive, Lake Mills
Shores, Chuluota. She reviewed the
background of the two cases relative to a garage being constructed without a
permit as well as junk vehicles and an auto body shop operation and inoperative
vehicles. She informed the Board of an
error in the back-up under staff’s recommendation. She stated the total amount should be $53,250. Based on the severity of the case and
nuisance created, staff is requesting that the lien not be reduced any more
than 10% of the total amount.
Upon inquiry by Commissioner Maloy, Ms.
Leigh advised notice of hearings were sent certified mail to Mr. Craig. She stated on one occasion, Mr. Craig signed
for a hearing notice and Dee Maple signed an additional certified mail of a
repeat violation. Copies of the liens
are not sent by certified mail.
Mark Craig addressed the Board to state it
took him a lot longer to build his garage than it was supposed to and he
renewed his permit several times over the last 6 months. The only notice of hearing he received was
in August 2000 and by then the fine was levied against his property. He stated he feels he was not properly
notified and the fine almost equals the assessed value of his home. He added he is in the middle of foreclosure
and is trying to sell his property.
Commissioner Maloy stated staff is recommending a reduction because a
heavy fine has incurred.
Mr. Craig stated if he was properly notified, he would have tried to
straightened this out sooner.
Ms. Leigh stated the notice of hearing in 1999 was sent certified mail
and was signed and received by Mr. Craig and he elected not to attend the
hearing. The Findings of Fact and
Conclusion of Law and Order presented to the CEB on the May 27, 1999 was also
sent to Mr. Craig, but it was not sent certified. The Compliance Affidavit was sent to him by regular mail, and the
only thing that was returned to the Code Enforcement office was the notice of
hearing for August 24, 2000. The
property was posted with a public of notice hearing on August 14, 2000. The notices of hearing on the auto repair
and garage operation were filed and received by Mr. Craig on August 10, 1999
and he decided not to attend that hearing.
The Findings of Fact and Conclusion of Law were not required to be sent
by certified mail. The case came back
as a repeat, and the notices of hearing were sent certified mail and they came
back unclaimed. The property was posted
at that time.
Upon inquiry by Commissioner Morris, Robert
McMillan, County Attorney, addressed the Board to state he believes the County’s
position is the Code Enforcement liens stands as a tax lien. The County treats it as equal to a judgment
lien and a tax lien. The County, at
times, does collect liens through foreclosure actions.
Upon inquiry by Chairman McLain, Mr.
McMillan advised on this particular case, he could find out if the County has
been notified of any foreclosure on this property.
Upon inquiry by Commissioner Maloy, Ms.
Leigh advised Mr. Craig was fined for building a garage without a permit. Discussion ensued.
Upon further inquiry by Commissioner Maloy,
Ms. Leigh advised the County filed an Affidavit of Repeat Violation on the
operation of the auto repair business and he did not come into compliance with
Case #99-61A-CEB until 1/9/2003.
However, he is in compliance at this time.
Mr. Craig stated the original permit was
issued in 1997 before the construction of the garage.
District Commissioner Maloy stated based on
what he has heard, he feels there has been an issue of ongoing cars and ongoing
violations. That is a bigger issue than
the garage that is now in compliance.
Motion by Commissioner Maloy, seconded by Commissioner Morris to
rescind the Code Enforcement Board Lien Case No. 99-41A-CEB, in the amount of
$10,500; and reducing the Code Enforcement Board Lien Case No. 99-61A-CEB by
10% to $4,275, Mark S. Craig, on property located at 825 Nocturne Drive, Lake
Mills Shores, Chuluota, due to the hardship.
Districts
1, 2, 4 and 5 voted AYE.
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Ms.
Leigh presented request to waive Code Enforcement Board lien in the amount of
$25,400, Thomas E. & Edith Ray. She
stated the property has come into compliance on November 25, 2002 and staff is
recommending, that due to the death of one owner of the property, to reduce the
lien to $285.94, the amount of the cost of processing the case.
Motion by Commissioner Morris, seconded by
Commissioner Maloy to approve request to reduce Code Enforcement Board Lien to
the amount of $285.94, Thomas E. & Edith Ray, on property located at 132
Lake Shore Drive, Altamonte Springs, Case #02-28-CEB.
Districts
1, 2, 4 and 5 voted AYE.
- - -
Motion by Commissioner Morris, seconded by Commissioner Maloy to
authorize Chairman to execute the Satisfaction of Lien, as shown on page
________, for Case #02-28-CEB, Thomas E. & Edith Ray.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Van Der Weide entered the meeting at this time.
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Jean Abi-Aoun, Development Review,
addressed the Board to present request to approve the proposed
Landscaping/Buffering Plan for the Club II Borrow Pit. He stated on January 28, 2003, the Board
approved a one-year extension and the two main concerns the citizens had at
that meeting was the noise of the ongoing operation and dust coming onto their
property. He said the Board directed
staff to look at a buffering plan and to address the issues the residents
raised. Staff has worked with the
applicant, Bishop and Buttrey, who have revised their plan. He discussed how they came up with the plan
and he displayed and reviewed photographs of the existing buffer (heavy
vegetation) along Brisson Avenue. The
applicant has proposed an equal mix of trees (Live/Laurel Oaks/Pines) along the
vegetative buffer to be planted at a density of 20 ft. on center. These trees will be clustered along the gaps
and they will be 10 ft. tall at planting.
About 135 shrubs will be planted to create an underbrush hedge as
well. An equal base of tree saplings
will also be planted at 20 ft. on center.
Mulch will be placed from the top of the bank to the property line along
Brisson Ave. The same scenario will
apply along the entire perimeter of Rosalind Park. They will cluster the planting around the existing vegetation to
provide a buffer. An irrigation plan
will consist of on-site water trucks and a temporary irrigation system tied to
the dewatering pumps. Staff has looked
at fencing for other borrow pits and a 4 ft. hot wire with a 2 ft. stranded
barbed wire, totaling 6 ft., was approved.
Staff is recommending a 6 ft. chain link fence along Brisson Avenue and
Rosalind Park.
Upon inquiry by Commissioner Henley, Mr.
Abi-Aoun advised the extension of the borrow pit was approved by the Board.
Emory Green addressed the Board to state
the residents are not in agreement to what is being proposed. He stated when this plan was originally
approved, the residents were told that the landscaping would look like a
park.
Chairman McLain stated the landscaping for
the reclamation plan will be different than what is being discussed today.
Mr. Abi-Aoun advised this is the first step
right now and it is not a full-blown reclamation plan, and the applicant will
have to come back with a finalized plan.
Upon inquiry by Mr. Green, Chairman McLain
advised Rosalind Park and Brisson will be addressed relative to the additional
landscaping.
Upon inquiry by Commissioner Morris,
Chairman McLain advised once the full restoration process is addressed, that
fence will come down.
Whereupon, Mr. Abi-Aoun advised staff feels
that fence is something the residents wanted permanently.
Mr. Green stated the residents asked for a
fence that would look nice. He stated
the residents were told that it would be a chain-link fence.
Ed Chesney, representing Bishop &
Buttrey, addressed the Board to state he has been working with staff on a
reclamation plan and they have committed to accelerating that plan. He stated he has committed to placing the
fence along Brisson Avenue and staff has recommended that Rosalind Park be
fenced as well. The area to be fenced
along Rosalind Park is about 2100 ft.
He said it would be problematic to give the residents a fence during
construction. The heavy brush in that
area will have to be removed in order to install the fence. A hog-wire fence is presently there and it
has been there for so long that you cannot see it.
Chairman McLain stated the County is
looking for a security fence that will deal with the issue of young people not
having easy access to this borrow pit.
He stated he doesn’t think this Board wants to take down the natural
buffer. The applicant and the County
needs to come up with a solution whether the fence should be behind or in front
of that buffer.
Upon inquiry by Chairman McLain, Mr.
Chesney advised the reclamation plan only dealt with plantings, not
fencing. The landowner has the
responsibility to deal with the fencing.
He stated the only thing he does not agree with in the staff’s
recommendation is the fencing plan has more than doubled.
Mr. Abi-Aoun stated it was staff’s
understanding that the applicant will have to buffer and place a fence along
Brisson Avenue and Rosalind Park.
Commissioner Morris stated he would
recommend running behind the buffer and installing a vinyl-coated chain-link
fence up where it is visible.
Commissioner Henley stated the residents in
the area have been subjected to this for a long time and it concerns him that
they want to move out additional dirt and they are not ready to compensate to
make the situation better.
Chairman McLain stated the applicant
indicated that if the commitment on the landscaping plan is not financially
feasible, they might not move forward with the pit.
Mr. Abi-Aoun stated if the applicant
chooses not to proceed with the one-year extension, they will have to complete
the entire reclamation plan. Discussion
ensued.
District Commissioner McLain recommended
moving forward with staff’s recommendations.
Motion by Commissioner Henley, seconded by Commissioner Morris to
approve the proposed landscaping/buffering plan with its associated irrigation
plan for the Club II Borrow Pit along Brisson Avenue and along the northwest
corner adjacent to the Rosalind Park residential neighborhood for the site
located at the northwest corner of Brisson Avenue and SR 46 (Bishop &
Buttrey), with staff’s recommendations.
Under
discussion, Commissioner Morris asked if the chain-link fence could be vinyl
coated in the area where it would be visible.
Chairman
McLain stated a landscaping buffer will be there and they will include a build
up. With a landscape buffering and a
fence behind that, it is not an issue if it is a chain-link or vinyl fence.
Upon
inquiry by Commissioner Morris, Chairman McLain recommended that the fence
stand behind the buffer area.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 10:45 a.m., reconvening at 11:00 a.m.
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Kim
Patterson, Information Services Manager, addressed the Board to present request
to authorize a pilot program in the Water and Sewer Billing Division to accept
Electronic Payments. She stated staff
has been working with the Clerk’s Office and have determined that the Water
& Sewer Billing Division is the best division to start the program. She said staff is requesting that this
program start and be reviewed in six months.
A fee of $3.00 will be implemented for the convenience of using this
service.
Maryanne
Morse, Clerk of Circuit Court, addressed the Board to present a PowerPoint
presentation of the Electronic Payments program. She stated this concept is identical to the Clerk’s program for
the Traffic Division. She reviewed the
presentation relating to a Basic Disclaimer that will be placed on the new
system and the Payments. She reviewed
how the system would work and she advised that two major credit cards (Visa and
MasterCard) would only be accepted.
Commissioner
Morris recommended using an e-mail verification of a payment received.
Upon
inquiry by Commissioner Maloy, Ms. Morse advised the fee for using this method
of payment is based on the dollar amount of the transaction. She stated an average bill is about $62 a
month and the average dollar amount that the County would be charged is a
little over $2.00. If an individual
uses a credit card not issued to an individual, such as a corporate card,
purchasing card, a travel entertainment card, etc., the charge to the County
would go from the emerging market rate of .05 to 1.92. She explained how they came up with the
$3.00 fee.
Upon
further inquiry by Commissioner Maloy, Ms. Patterson advised staff is not sure
what impact this will have on staff’s time.
Upon
inquiry by Commissioner Morris, Ms. Morse advised a bank charge would be
applied on the electronic checks.
Commissioner
Henley stated he doesn’t want the County to come up with a win fall as a result
of putting this program in. He stated
he would hope, as they become more efficient with this, that this is not going
in for the purpose of raising revenues for the County.
Upon
inquiry by Commissioner Morris, Ms. Patterson advised staff will be working
with the Clerk’s office in getting the approval process in place. She stated staff is optimistic in getting
this off the ground in eight weeks.
Ms.
Morse stated the only thing that needs to be done is to sign a contract in
getting the County a merchant number.
She stated it is up to the County to create a display for the internet.
Motion by
Commissioner Morris, seconded by Commissioner Maloy to authorize a pilot
program in the Water and Sewer Billing Division to accept Electronic
Payments.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Request to authorize staff to negotiate a
new lease for the Supervisor of Elections with the Orlando/Sanford Airport
Authority was continued until after the 1:30 p.m. public hearings.
Jerry
McCollum, County Engineer, addressed the Board to display a PowerPoint
presentation of the County’s current transportation program and the major
projects. He reviewed the four areas of
the Sales Tax Program relating to 1991 Sales Tax, 2001 Sales Tax, Impact Fees,
and Legislative issues. He reviewed the
following four projects of the 1991 Sales Tax:
Howell Branch Road, Chapman Road, Bunnell Road and Lake Emma Road.
Upon
inquiry by Commissioner Henley, Mr. McCollum advised he can check and see if
there was anything in the purchase agreement that deals with payment of using
buildings on Howell Branch Road for a long period of time.
Mr.
McCollum continued by reviewing the recommendations for Chapman Road, as well
as the advantages of Bunnell Road, and the recommendations for Lake Emma Road. He reviewed the recommendations for the 2001
Sales Tax Program relating to State Road Projects (FDOT Responsibilities);
State Road Projects (County Responsibilities); and the Potential Advanced
Project.
At
the request of Commissioner Morris, Mr. McCollum discussed the timing of SR 436
and Red Bug Lake Road interchange versus the 17-92 and SR 436 interchange.
Mr.
McCollum reviewed the Impact Fee Transportation Program relating to Committed
Projects, Budgeting, Future Programs, Potential Projects (Airport Blvd./Bevier
Road and Commuter Rail) and Other Uses relating to needs from the Comprehensive
Plan and Potential Feasibility Studies.
He reviewed the State of Florida Legislative Requests relating to SR 434
& I-4 interchange reconstruction, SR 46 & I-4 interchange
reconstruction, SR 46 expansion and SR 415 expansion. He concluded by reviewing Federal Requests with regard to US Hwy.
17-92 & SR 436 interchange, SR 46 expansion, and I-4/Greeneway Interchange
ramp.
BACKGROUND ON LANDFILL PROPERTY
(Cameron-Thrasher Property)
David
Gregory, Solid Waste Manager, addressed the Board to state the Board authorized
staff to review the Cameron-Thrasher property and to report back whether the
land use should be changed on same. He
displayed a PowerPoint presentation and reviewed the history of the landfill
property; an overview of the Osceola Landfill; Osceola Airfield Parcels; the
different parcels acquired; two parcels (Tatem and CRG/Dart) acquired in 1989;
Thrasher and Cameron properties; approximately 160 acres acquired by the County
in 1994 in return for leasing property to the Hunting and Fishing Club; and the
uses of the landfill property and other activities on the site.
At
the request of Commissioner Henley, Chairman McLain explained how the mini-bike
trail came about and when it was done.
Mr.
Gregory continued by reviewing the different uses of the site and the property
that was acquired. He stated the
landfill designation is Public, Quasi-Public and that allows public and private
recreation, education and library facilities, public schools, water, sewer,
electric, gas, communication, transportation facilities and public safety
facilities uses. This land use
designation is consistent with the current use of property and would permit
necessary public improvements in the future.
Upon
inquiry by Commissioner Maloy, Mr. McMillan advised the County authorized the
Extreme Challenge Games to be held on the property and they notified the
leaseholder to see if it would conflict with his lease and he indicated it
would not.
Upon
further inquiry by Commissioner Maloy, Mr. Grace advised the State law requires
that the Solid Waste revenues have to be spent for solid waste purposes and
that doesn’t apply to water and sewer revenues.
Commissioner
Morris stated several months ago, he inquired whether this land could be
rezoned for a government use park or natural lands. His question is focused on when the lease is expired, or could
they rezone it now and keep the lease in place.
Commissioner
Maloy stated it seems to him that with that amount of property, they can work
with the parties involved by opening it up to passive uses.
Chairman
McLain stated this property was purchased by the landfill fund and the Board
needs to make sure that they do not put their bonds in jeopardy. There has been a lot of security issues on
this property and the County has to honor their commitments to leases on a
regular basis.
Commissioner
Morris stated three members of this Board were here when the lease was approved
and he would be happy to hear from those members to see if they feel something
needs to be done with this lease. The
perpetual uses can be dealt with in the future. He said he believes it would make sense to have some type of
future land use associated with this.
Mr.
Grace stated staff can review that issue and basically focus on the land use
and what the options are and how it might or might not conflict.
Commissioner Van Der Weide stated he
would like a full report on what this would do to the potential expansion of
the landfill.
Chairman
McLain stated one of his concerns is if they start converting the buffer into a
passive use and then they find out they need to expand the landfill, there will
be problems with the users. Discussion
ensued.
Commissioner
Van Der Weide stated the Board already directed the Natural Lands Committee to
not work on anything the County already has tied up, and it only makes sense to
honor a lease.
Commissioner
Maloy stated the use of the landfill is something they need to protect. He stated he feels it doesn’t hurt to take a
look at the uses that are occurring there and to see if they can’t allow some
maximization there.
Chairman
McLain stated the County would have to get the leaseholder’s permission to
allow that. He stated the leaseholder
does allow people to enjoy the river in the summer time, but the problem is a
certain element of people wants to come into the property to use it for illegal
activities. He stated he is sure the leaseholder
would allow more public access and Commissioner Maloy may want to discuss those
options with him.
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The Board recessed the meeting at 12:05 p.m., reconvening at 1:35 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize the
filing of the proofs of publications for this meeting’s scheduled public
hearings.
Districts
1, 2, 3, 4, and 5 voted AYE.
Proof of publication, as shown on page ________, calling for a public hearing to consider a request for a Small Scale Land Use Amendment from PD (Planned Development) to LDR (Low Density Residential) and Office to Planned Development; and request to rezone from PUD (Planned Unit Development) to R-1A Single Family Dwelling District and from OP (Office-Professional) to PUD (Planned Unit Development) for property located on the west side of Wekiva Springs Road, ½ mile north of SR 434, Thomas Daly, received and filed.
Planner, Jeff Hopper, addressed the Board to present the request, advising on September 24, 2002 the BCC approved a land use amendment and rezoning to PUD on the subject property. The approved Preliminary Master Plan shows 74 townhouse units. He stated that subsequent to that approval, the applicant discovered several discrepancies in the legal description. As a result, the area of rezoning and change in land use did not precisely match the intended project boundaries. The previous application included a portion of the Wekiva Springs Road right-of-way 4,900 square feet in size and approximately 1,650 square feet of a neighboring residential lot on Lake Gene Drive. That submission mistakenly excluded a 6,500 square-foot piece of the property owner’s land fronting on Wekiva Springs Road. The changes result in a net reduction in site area of 39 square feet. He added that staff recommends approval of the request subject to the conditions of the original approval.
Thomas Daly, developer, addressed the Board to explain that the landowner gave him a survey that was not correct and that is why they are making this request.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2003-6, as shown on page _______, and Ordinance #2003-7, as shown on page _______, for Small Scale Land Use Amendment from Planned Development (PD) to Low Density Residential (LDR) and Office to Planned Development; adopt Ordinance #2003-8, as shown on page _______, approving rezoning from Planned Unit Development (PUD) to R-1A Single Family Dwelling District; and to adopt Ordinance #2003-9, as shown on page _______, from Professional Office (OP) to PUD; for property comprising approximately 10 acres and located on the west side of Wekiva Springs Road, ½ mile north of SR 434, as described in the proof of publication, Thomas Daly (Max F. Morris), with staff findings and approval of the Amendment to Development Order #2-22000005, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST FOR REZONING FROM RP
TO RP, ANDREW ZELMAN
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from RP (Residential Professional District) to RP (Residential Professional District) for property located on the southwest corner of Roy Boulevard and Maitland Avenue, Andrew Zelman, received and filed.
Planner, Kathy Fall, addressed the Board to present the request, advising the rezoning is for development of a law office. She stated that in 1988 a portion of the property was rezoned from R-1A to RP to allow the conversion of a two-story dwelling unit to a general office building, excluding medical or dental office uses. The property was rezoned with conditions that a cross access easement would be provided for the property to the south and a brick or masonry wall would be provided along the western property line (access was restricted to Maitland Avenue). Subsequent to the rezoning, the applicant purchase 10.1 feet of property from the adjoining parcel to the west in order to construct an access drive on the site and accommodate the required active buffer along the west property line. The 10.1 feet was not included in the 1988 rezoning request and is not included in this request, since it would serve only as a buffer. She added that staff recommends approval of the request, subject to the provisions in the development order. She further advised that condition (f) regarding signage should be omitted and condition (g) should be amended to read, “3 feet width with canopy trees at least 4 feet in height at the time of planting and located every 15 feet on center”.
Commissioner Henley commented that there are no P&Z Commission minutes in the packet. Whereupon, Ms. Fall advised staff did not have enough time to complete them and include them in the packet.
Andrew Zelman, applicant, addressed the Board to state his only concern with staff comments is on condition (a) in the D.O. requiring a 6-foot brick or masonry wall. He said this is a very residential-looking area and he does not believe a masonry wall will do anything to buffer the property. He further said he has spoken to the adjacent owner and he does not want the wall to extend beyond the proposed building.
Upon inquiry by Commissioner Henley, Ms. Fall advised the P&Z were aware of Mr. Zelman’s comments and recommended that the condition in the D.O. stand.
Janice Henson, 503 Roy Boulevard, addressed the Board to speak in opposition to the proposed rezoning, expressing her concern with the amount of parking available. She said that there is no parking allowed on Roy Boulevard and she is concerned that if there is not enough parking onsite, cars will spill onto Roy Boulevard. She explained that Roy Boulevard is a dead-end street and there are children in the area. She submitted for the Record a Petition, as shown on page _______, in opposition to the rezoning.
Ms. Fall advised the applicant is in compliance with the code with regard to the number of parking spaces.
Upon inquiry by Commissioner Henley, Ms. Fall advised the access on Roy Boulevard is a one-way driveway.
Ms. Henson reiterated that if there are three or four attorneys in the building and they all have staff and clients, she does not believe there will be enough parking.
Ms. Fall advised that parking spaces are based on the square footage of the building.
Roger Bruimsma, 515 Roy Boulevard, addressed the Board to state he would like to see a top view of the building to see what the sides and rear will look like. He also expressed his concern with the parking overflowing onto Roy Boulevard.
Ms. Fall stated there is no parking allowed on County rights-of-way and any cars that do will be ticketed.
Upon inquiry by Commissioner Henley, Ms. Fall advised the wall will stop approximately 25 feet from the property line.
Ernie Evans, 505 Roy Boulevard, addressed the Board to speak in opposition and to express his concern with the traffic and parking problems.
Betty Morene, 501 Roy Boulevard, addressed the Board to advise the curb cut the applicant is asking for lines up directly across from her driveway and she will be the most affected. She questioned why there is not a shared driveway with the church on the adjacent property.
Ms. Fall advised that staff is requiring them to have a cross access agreement.
Planning Manager, Matt West, addressed the Board to advise if the church comes to the County for access onto Maitland Boulevard, they will require the access be shared.
Mr. Zelman advised he would be happy to have the shared access with the church and he has spoken to them about it.
No one else spoke in support or in opposition.
District Commissioner Henley stated he wished the neighbors had shared their thoughts with the P&Z Commission and with staff because they have valid concerns.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to enact Ordinance #2003-10, as shown on page _______, approving rezoning from RP (Residential Professional District) to RP (Residential Professional District) for property located on the southwest corner of Roy Boulevard and Maitland Avenue, as described in the proof of publication, Andrew Zelman; and to approve Development Order, as shown on page _______, as amended.
Districts 1, 2, 3, 4 and 5 voted AYE.
District Commissioner Henley stated he would hope that staff would move at the appropriate time on the parking problems and follow through on the potential closing of the driveway when the church comes forward with their development.
REQUEST FOR REZONING FROM
M-1 TO PCD, WILLIAM KIRTLEY
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from M-1 (Industrial) to PCD (Planned Commercial Development) for property described as on 1.70 acres, 500 feet north of the intersection of CR 427 and Longwood-Lake Mary Road, west side of Longwood-Lake Mary Road, William Kirtley, received and filed.
Planner, Jeff Hopper, presented the request, advising the plan is for 20,175 square feet of commercial floor area on a 1.70 acres site. The applicant is requesting to develop this as PCD in order to obtain flexibility on certain design criteria that would apply under straight zoning. He stated the applicant has made minor revisions to the site plan, reducing the parking spaces from 63 to 61 and reducing the office building to 12,900 from 13,400 square feet. The warehouse will be 7,275 square feet. He also stated that the applicant is proposing the parking spaces adjacent to the existing trees to be 9’x18’, but all other spaces will be at least 10’x20’.
Upon inquiry by Commissioner Morris, Mr. Hopper advised the existing trees along Longwood-Lake Mary Road are approximately 8 to 9 inch caliber trees.
Commissioner Morris complained to staff about their decision on allowing the kind of right-turn for the property (Pods) to the west of this site. He added that he does not want to see this repeated.
Commissioner Van Der Weide stated he understands the reason for reducing the size of some of the parking spaces; however, in his experience with warehouses, a 9-foot parking space is inadequate.
John Reynolds, representing the applicant, addressed the Board to state they are saving the large trees along the front of the property. The 8 to 9 inch trees are all healthy and along with the laurel oaks is a large 15-inch magnolia tree. He stated that excavation of this area will be done by hand. He said they are widening the sidewalk from 5 feet to 8 feet. He further stated they have agreed to set an amount of parking for the warehouse operation and the balance will be designated to office. However, they would like some flexibility that if they have a retail use and they have not used all their parking for office space that they be allowed to have a retail use without having to come back to the BCC, as long as they do not exceed the parking requirements established in the D.O.
Commissioner Van Der Weide again expressed his concern about parking and the allotment for each business. Discussion ensued.
Commissioner Morris complimented Mr. Reynolds, stating what he has done in order to save trees is admirable.
Commissioner Maloy stated he would like to see the allowable and non-allowable uses spelled out in the D.O.
Attorney Steve Coover, representing the developer, addressed the Board to state Mr. Kirtley would like the ability to develop the property without having to come back to the Board for every use. He added that the intent is to try to turn this into a condominium and deed restrict the parking as the units are sold.
Mr. West stated staff has dealt with parking issues on other PCD’s before. He suggested working this out by the Final Master Plan.
No one else spoke in support or in opposition.
District Commissioner Henley stated he believes condition (1) in the D.O. has built into it safeguards that will give the County an opportunity to review the uses.
Motion by Commissioner Henley, seconded Commissioner Van Der Weide to adopt Ordinance #2003-11, as shown on page _______, approving rezoning from M-1 (Industrial) to PCD (Planned Commercial Development) for property described as on 1.70 acres, 500 feet north of the intersection of CR 427 and Longwood-Lake Mary Road, west side of Longwood-Lake Mary Road, as described in the proof of publication, William Kirtley, with staff findings; and to approve Development Order, as shown on page _______, with limitations of uses as specified.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF THE ENERGY
ELEMENT FOR VISION 2020
Proof of publication, as shown on page _______, calling for a public hearing to consider the proposed Energy Element for Vision 2020 - A Guide to the Journey Ahead (Seminole County Comprehensive Plan), received and filed.
Planner, Alice Gilmartin, addressed the Board to present the proposed Element, requesting approval to transmit same to the Department of Community Affairs. She advised the second public hearing is tentatively scheduled for June 27, 2003; and the LPA recommended approval. Copy of follow-up to BCC February 25, 2003 paper was received and filed.
Sam Kendall, representing the Seminole Audobon Society, addressed the Board to commend the County for trying to save energy and taxpayers’ money. He displayed a report (copy received & filed) showing the potential added cancer risk from formaldehyde, butadiene, benzene, diesel soot and acetaldehyde for each Florida county. He also displayed the potential cancer risk from acetaldehyde for 100 U.S. counties, including Hillsborough and Pinellas Counties in Florida. He requested the Board add the following language to the introduction to the Element at the end of the third paragraph: “The Board recognizes that our energy choices can result in undesirable effects on human health and environmental stability and wishes to reduce and eliminate these effects”. He also requested the addition of the following language at the end of the first paragraph of ERG 2: “Because the choices of energy fuels are also related to human and environmental health, the County would benefit if the power companies provided the fuel sources used to generate electricity for the County. Coordinating the kilowatt-hours of electricity with the fuels used to generate the electricity will help the County determine its contribution of carbon dioxide or other emission pollutants and assist in monitoring their desired reduction.”
No one else spoke in support or in opposition.
Commissioner Morris stated he has no problem with including the additional language as recommended by Mr. Kendall.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to transmit the proposed Energy Element for Vision 2020 - A Guide to the Journey Ahead (Seminole County Comprehensive Plan), with additions as noted, to the Florida Department of Community Affairs for review and comment.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris left the meeting at this time.
REGULAR AGENDA, CONTINUED
Economic Development Director, Bill McDermott, addressed the Board to present the Jobs Growth Incentive Economic Development Agreement for Superchips, Inc. He advised Superchips, Inc. wishes to expand their business and consolidate their three existing locations. They propose to create 20 new jobs with income above the average in Seminole County at $38,125. He further advised the City of Sanford has agreed to participate in the QTI from the State and provide the full local match of 20% of the total award amount, which is $12,000.
Commissioner Morris reentered the meeting at this time.
Mr. McDermott further advised that the return on the County’s investment is 0.3 years for all taxes countywide.
Chairman McLain advised the City of Sanford unanimously endorsed this.
Upon inquiry by Commissioner Henley, Mr. McDermott advised the lease for the Orlando/Sanford Airport will be for 30 years.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize the Chairman to execute a Jobs Growth Incentive Economic Development Agreement, as shown on page _______, between Seminole County and Superchips, Inc., in the amount of $12,000.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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The Chairman recessed the meeting at 3:06 p.m., reconvening at 3:17 p.m., this same date.
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Support Services Manager, Meloney Lung, addressed the Board to present the request from the Supervisor of Elections for authorization to lease space at the Orlando/Sanford Airport Authority. She advised the Supervisor of Elections has requested a 20,000 square foot building that would incorporate both office and warehouse space. She further advised staff is recommending a 15,000 square foot building with a 10-year lease.
Supervisor of Elections, Sandy Goard, addressed the Board to request authorization to proceed with a building that consists of 20,000 square feet. She said she is having a difficult time understanding how the County staff has determined that 15,000 square feet is adequate space and she is opposed to their recommendation. She stated she has worked in the Elections Office for 26 years and questioned who would know better the office’s space requirements. She said that during those 26 years, she has and will continue to operate the office in a conservative and professional manner to ensure the citizens and elected officials that successful elections are conducted. She further said that she has made do with the space provided her for 26 years and this is the first time she has initiated a request for additional space. She reviewed the major changes that have taken place over the past 26 years, including an increase in registered voters, increase in precincts, increase in absentee ballots, and the establishment of early voting. She outlined in detail the changes in statutes and the added workload for the office. She said in order to meet all the new demands in the wake of the last national election and new demands that are forthcoming, it is imperative that the office has adequate space available to do their job. She informed the Board that Pasco County has 275,000 voters and 21,000 square feet and Sarasota County has 233,000 voters and 25,900 square feet - both counties are comparable to Seminole County. She advised the Orlando/Sanford Airport Authority has presented a proposal to her to lease adequate space. He explained that time is a factor because she must be able to move into any new facility by the second week in April 2004. She added that she cannot guarantee that they will be able to meet the mandates required by law in a timely manner without the space she is requesting. Copy of memorandum dated February 20, 2003 from Ms. Goard to the BCC was received and filed.
Chairman McLain stated he supports Ms. Goard and said that the Board needs to make sure they provide adequate space so that the voters of the County can cast their votes. He added that it appears the staff has not been able to find a more competitive lease option than the airport. Whereupon, Ms. Lung stated that is correct.
Upon inquiry by Commissioner Henley, Director of Administrative Services, Jamie Croteau, addressed the Board to advise they took the information the Supervisor of Elections provided and applied the County space standards to it.
Commissioner Maloy stated in the past there has been more time to consider all options before making a decision like this. He said he is disappointed that the Board did not have more information on this earlier.
Upon inquiry by Commissioner Maloy, Mr. Grace stated one of the key issues is time. He further stated that staff did make a recommendation that the Board should consider building a development services building with the idea of freeing up some of the lease properties and staff was intending to bring the issue back to the Board during the budget process; however, it would be at least 3 or 4 years before that could happen.
Commissioner Van Der Weide questioned how they got to this point so quickly and has staff explored all the options.
Mr. Grace advised he found out about this request about a month ago. He added that there are a number of options and variables out there.
Commissioner Van Der Weide stated he does not think there is any doubt that Ms. Goard needs the space, but he questions if the airport is the appropriate location. He also stated that he is concerned with going into a 20-year lease and putting the office in one corner of the County.
Upon inquiry by Commissioner Morris, Airport Authority Director, Larry Dale, addressed the Board to advise that if the County chooses to go with the airport lease, he would need about a year to obtain permits and construct the building. Mr. Dale further advised that the Board of Directors has not approved this yet, but he feel like they would because this is the Seminole County airport and they have been working with the County. He added that he does not believe the County is going to find a better lease price.
Commissioner Van Der Weide stated he is not against using the airport property to meet this kind of need at this time; however, he thinks in the long term that the office needs to be more centrally-located at Five Points.
Commissioner Morris stated that according to Mr. Dale and Ms. Goard, time is of the essence, but he still believes there is a little room for more study. Therefore, he would propose continuing this item for more review and bringing it back to the Board during the second meeting in March.
Chairman McLain stated he believes this would be a quality facility at $6.00 a square foot and even if the Board chooses to build a new facility in five years, the County could sublease the building or the airport authority could take it back for releasing. He said he does not see this as a big risk.
Commissioner Henley said he feels the appropriate action would be to study this a while longer because the Board could be subjecting themselves to some criticism that they didn’t look at all the options.
Ms. Goard stated that when this item comes back in March she would request formal action be taken because time is of the essence.
Commissioner Morris left the meeting at this time.
Mr. Dale urged the Board to explore all their options because the airport is willing to work with the County and offer the best deal available.
The Board, by unanimous consensus, continued this item until the second meeting in March and directed the County Manager to have staff research all the options and brief the Board prior to the March 25, 2003 meeting.
CHAIRMAN’S REPORT
Chairman McLain briefly discussed with the Board a letter (copy received & filed) dated February 19, 2003 from Paulucci International Ltd., Inc., regarding the Seminole County retention ponds located east of Rinehart Road.
Mr. Grace advised these ponds are on the front portion of Mr. Paulucci’s property and he wishes to move them back off the frontage, paying the County $100,000 for that right. He said the ponds would still have the functionality that they have currently and if the Board has no objections, staff will prepare an infrastructure agreement and bring it back for Board approval.
The Board voiced no objections and directed Mr. Grace to move forward with developing the infrastructure agreement.
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The Chairman appointed Commissioner Grant Maloy to the St. Johns River Restoration Working Group. He stated a letter will be sent to the District advising of the appointment.
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The Chairman requested reappointment of Bill Shaffer (Sheriff’s Office) to the Animal Control Board.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to reappoint Bill Shaffer (Sheriff’s Office) to the Animal Control Board.
Districts 1, 3, 4 and 5 voted AYE.
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The Chairman advised that due to Chris Dorworth being appointed to the Planning & Zoning Commission, he has decided not to accept the appointment to the MetroPlan - Orlando Urban Area Transportation Study Citizens Advisory Committee. He, therefore, requested appointment of Elizabeth Dorworth in Mr. Dorworth’s stead.
Motion by Commissioner Henley, seconded by Commissioner Maloy to appoint Elizabeth Dorworth to the Orlando Urban Area Transportation Study Citizens Advisory Committee/MetroPlan for a 4-year term, replacing Chris Dorworth.
Districts 1, 3, 4 and 5 voted AYE.
The following Communications and/or Reports
were “received and filed”:
1. Letter
dated 2/10/03 to Chairman McLain from Diane Pickett Culpepper, Time Warner
Cable, re: new cable programming services.
2. Parks
& Recreation Contracts, as shown on page _______, for Services: Joseph Wallbank (Slow-Pitch Softball
Umpire); Michael Kember (Tennis Instructor); Gerald Meter (Slow-Pitch Softball
Umpire) and Kevin Masih (Tennis Instructor).
3. Copy
of letter dated 2/14/03 to Ray Eubanks, DCA, from Chairman McLain re:
transmittal of Adopted Small Scale Plan Amendment to the County’s Comp Plan
through Vision 2020.
4. Copy
of memorandum dated 2/14/03 to Sandy McCann, Commission Records, from Becky
Noggle, Environmental Services, re: Submission into County Records.
5. E-mail
dated 2/14/03 to Chairman McLain from Thomas M. Sanders re: canoe livery
service at Katie’s Landing.
6. Memorandum
dated 2/12/03 to BCC from Commissioner Chuck Dunnick, FL Assoc. of Counties
(FAC) President, re: FAC 2003 Joint Legislative Statement with the FL League of
Cities and FL School Boards Assoc.
7. Letter
dated 2/12/03 to Chairman McLain from Gerald Sutton re: proposed formation of a
Seminole County Commission on Aging. (cc: BCC, County Managers, Sheriff,
Community Services Director)
8. Memorandum
dated 2/13/03 (with attachment) to BCC from Cindy Hall, Fiscal Services
Director, re: Tourist Tax Revenue status.
9. Facsimile
dated 2/17/03 to BCC from State Senator Lee Constantine re: 2/24/03 Town Hall
Meeting in conjunction with State Representative David Mealor.
10. E-mails to Chairman McLain re: proposed land
use changes in the Red Bug Rd./Tuskawilla Rd. area from Nadene F. Jackson and
Vincent M. Cassaro.
11. Memorandum dated 2/12/03 (with attachments) to
BCC from Ruth Ann Stamm re: Vigilante Airplane Memorial and request to rename
Airport Blvd. “POW-MIA” Blvd.
12. E-mails to Chairman McLain re: proposed land
use changes in the CR 419/Snowhill Rd. area from Adriana Garcia, R.N., and John
& Karen Moran.
13. Letter dated 2/17/03 to Chairman McLain from
Sheriff Don Eslinger re: proposed revisions to the Seminole County Alcoholic
Beverage Ordinance. (cc: BCC, County Attorney, Deputy County Managers)
14. Copy of letter dated 2/12/03 to Mayor Roland
F. Hotard, City of Winter Park, from Chairman McLain, re: appeal of Seminole
County Board of Adjustment decision on Time Warner Cable facility in Winter
Park.
15. Copy of letter dated 1/28/03 to Grants
Management Officer, HRSA Grants Application Center, Gaithersburg, MD, re:
support of the Education Now And Babies Later (ENABL) program for Healthy Start
Coalition.
16. Notice of 3/6/03 City of Lake Mary preliminary
subdivision public hearing re: property at 2125 W. Lake Mary Blvd. (cc: County
Manager, Planning & Development Director, Planning Manager, Property
Appraiser, Elections Supervisor)
17. Letter dated 2/7/03 to Chairman McLain from
Johnnie Eudell re: appreciation for demolition at 2450 Randall St. (cc: CDBG)
18. Letter dated 2/14/03 (with attachment) to
Chairman McLain from Linda Burnette, SJRWMD, re: 2001/02 Annual SJRWMD Legacy
Report.
19. E-mail dated 2/18/03 to Mike Wittmer, Animal
Services Manager, from Barbara Lewis re: County policy on feral animals and
euthanasia.
20. Letter dated 2/13/03 (with attachment) to
Chairman McLain from Thomas G. Percival, Jr., FL DOT, re: 3/11/03 Public
Information Workshop on SR 415 project development and environmental PD&E
study. (cc: County Manager, Public Works Director)
21. E-Mails to Chairman McLain re: proposed land
use changes in the Red Bug Lake Rd./Stonehurst Subdivision area from: Tom &
Carol Arvo; Cliff & Ruth Chillemi;
Patrick Begley; Richard & Sandra Haines; Prof. George Yeh; Craig
& Donna Curran; Andrea Baugh; and Shaun & Kathy Putnam.
22. Copy of memorandum dated 2/21/03 to Sandy
McCann, Commission Records, from Becky Noggle, Environmental Services, re:
Submission into County Records.
23. Letter dated 2/15/03 (with attachments) to
Chairman McLain from Allen Arthur, Architect, re: Western Beltway extension and
suggestions to alleviate traffic congestion.
24. Notice of 2/28/03 U.S. 17-92 RPA meeting.
25. E-mail dated 2/22/03 to Chairman McLain from
Judith G. Gross re: proposed land use change in CR 419/Snow Hill Rd. area.
26. Letter dated 2/20/03 to BCC from Deborah
Schafer, The Sustainable Communities Advisory Council, re: proposed land use
changes/designation on and possible buy-out of 20-yr. lease on the
Cameron-Thrasher property.
27. Form letters re: opposition to a light rail
system through the Dolores Dr. area in Altamonte Springs from: Linda Connery;
Marguerite Grundy; Cheryl Eckentots; Nell W. Drueding; and Mike Zagrobelny.
(cc: BCC, County Manager, Planning & Development Director, Transportation
Planner)
28. Facsimile notice of 2/25/03 Orlando Sanford
International Airport “Emergency 2003”
multi-agency, multi-jurisdictional community mass casualty airport emergency
response field exercise. (cc: BCC, County Managers, Public Safety Director)
29. Memorandum dated 2/21/03 to BCC from Mary Kay
Cariseo, FL Assoc. of Counties (FAC), re: Legislative Alert – Article V,
Governor’s Budget & Medicaid.
30. Memorandum dated 2/17/03 to BCC from Barbara
A. Vergara, SJRWMD, re: 2/18/03 Public Meeting No. 1 – Seawater
Demineralization Feasibility Investigation. (cc: BCC, County Managers,
Environmental Services Director, Cooperative Extension Service Director, Health
Dept. Director)
31. Letter received 2/24/03 to Chairman McLain
from William F. Meriwether, DVM, re: support of proposed zoning changes on
Celery Ave. (cc: County Managers, Planning & Development Director, Planning
Manager)
32. Letter dated 2/21/03 (with attachment) to BCC
from C.H. Vreeland III, FL DOT, re: SR 46 Lake Jesup Bridge Replacement Project
and Environmental PD&E Study. (cc: BCC, County Managers, Public Works
Director, County Engineer, Natural Lands Office)
33. Letter dated 2/20/03 to BCC from Margaret S.
Linnane, Second Harvest Food Bank of Central FL, re: CDBG application to
provide nutritious after-school snacks for children of low-income families in
conjunction with Seminole County School Board program. (cc: BCC, County
Managers, CDBG)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley stated he is recommending bringing to the BCC an appeal of the Board of Adjustment’s decision on January 27, 2003, regarding four lots on Howard Boulevard and Marjorie Boulevard. He explained that the citizens did not have an opportunity to speak at the hearing because they were told, erroneously, by staff that the BOA had already held the public hearing on it. The citizens went home and found out that the hearing had not been conducted.
Motion by Commissioner Henley, seconded Commissioner Van Der Weide to bring forward to the BCC an appeal against the Board of Adjustment’s decision on January 27, 2003, approving for Atlantic Development Corporation, lot variances for four lots on Howard Boulevard and Marjorie Boulevard.
Districts 1, 3, 4 and 5 voted AYE.
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Upon inquiry by Commissioner Henley, the Chairman advised he has requested that the amendment to the Alcoholic Beverage Ordinance be put on the March 11, 2002 meeting’s agenda.
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Commissioner Van Der Weide presented his nominations for various appointments.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to appoint the following:
Electrical Contractors Board - Gary Scarboro for a term ending January 1, 2004; and adopt appropriate Resolution #2003-R-58, as shown on page _______, commending Douglas Matern for his services on same.
Mechanical Contractors Board - Bill Ellis for a term ending January 1, 2004.
Plumbing Examiners Board - Dave Putz for a term ending January 1, 2004.
Swimming Pool Board - Joe Fernandez for a term ending January 1, 2004.
Well Drillers Board - Steve Young for a term ending January 1, 2004.
Natural Lands Committee - Mike Boswell for a term ending January 1, 2004; and adopt appropriate Resolution #2003-R-59, as shown on page _______, commending Mark Lammert for his services on same.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Maloy left the meeting at this time.
COUNTY MANAGER’S REPORT
Mr. Grace requested direction on canceling the first meeting in July 2003. The Board voiced no objections to same.
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Mr. Grace distributed a draft status (copy received & filed) dated February 24, 2003 of the Northwest Service Area Consumptive Use Permit.
Director of Environmental Services, Bob Adolphe, addressed the Board to briefly review the status report.
The Chairman stated he is satisfied with where they are today as to where they were several months ago; and he commended the staff for working with the district on this matter.
Mr. Grace said he wants the Board to be aware that there are some items in this report that will cost money. He asked the Commissioners to give him any comments on this.
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The Chairman, thereupon, recessed the meeting at 4:30 p.m., reconvening at 7:05 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Proof of publication, as shown on page _______, calling for a public hearing to consider the Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential and Mixed Development for approximately 632 acres located on the north and south sides of Celery Avenue, Seminole County, received and filed.
Chairman
McLain advised he owns 39 acres of property on Celery Avenue in Section One and
he will not be voting on that item.
However, he will vote on Section Two, since he has no interest in that
area.
Rob
Walsh, Principal Coordinator, addressed the Board to state these amendments
were continued from the Fall Cycle of last year to allow further discussions
with the City of Sanford regarding future land use responsibilities for Celery
Avenue. Discussions have been ongoing,
but the issues have not yet been resolved.
He said the first amendment would change the land use from Suburban
Estates to Low Density Residential, which establishes a maximum density for
four units per net buildable acre. The
second amendment is a change from Suburban Estates to Mixed Development, which
includes residential, commercial office, and very light industrial uses, to be
further established by zoning. He said
as the area along Celery Avenue annexes into the City of Sanford, most likely
the land use designation would be Very Low Density Residential, which would
establish six units per gross acre. The
area to the south is designated as Industrial and Low Density Residential. The proposed land use amendment would
provide a logical progression of land uses for more intense development to the
west in the City of Sanford to less intense uses to the north and east toward
the conservation area. Staff also
believes a density cap of three units per acre would soften that
transition. The City of Sanford would
provide central sewer and water service and reclaimed water to the area. He said there have been a number of Seminole
County initiatives to improve drainage throughout the corridor.
Chairman
McLain asked Mr. Walsh to elaborate on the issue of the County acquiring the
University of Florida property and making a stormwater park out of it. Whereupon, Mr. Walsh said he understands
that a proposed lease will be brought to the Board within the next 30 days or
so. Mr. Grace added that staff is
working on that to come back with a lease to develop a regional stormwater
facility to address a lot of the drainage problems. Chairman McLain added that the Stormwater Division is looking at
making some passive uses for the public at the stormwater park.
Mr.
Walsh stated the current level of service on Celery Avenue is A, but the road
is considered substandard in terms of width and construction. The right-of-way now is 50 feet and 100 feet
would be required by County standards.
He said a draft Joint Planning Agreement (received and filed) with the
City of Sanford was included in the agenda packet to the Board, which includes
addressing the jurisdictional responsibility for Celery Avenue and the density
cap at three units per acre. He said
the P&Z Commission voted five to one to forward both these amendments
without a recommendation to the Board.
He advised staff recommends approval of the proposed administrative land
use amendment if the interlocal agreement with Sanford is approved by both
jurisdictions. The interlocal agreement
should include the following requirements:
(1) A zoning overlay for the Celery Avenue Corridor is created and caps
the residential density within Section One at 3 dwelling units per acre; (2)
Require central water and sewer services for developments with an intensity
greater than one dwelling unit per acre; and (3) The City of Sanford will
assume maintenance of Celery Avenue within a specified time frame. Staff is requesting tonight to transmit the
amendments to the Florida Department of Community Affairs for review. If approved, the amendments will be
considered for final adoption on June 10, 2003.
Commissioner
Morris discussed at what time in the future would the City of Sanford take over
the maintenance of Celery Avenue.
Chairman McLain stated the City would be addressing this issue on March
11, 2003. He is thinking that between
now and June, when this comes back before the Board, they will have an executed
interlocal agreement in place with all the details prior to the Board moving
any further.
Upon
inquiry by Commissioner Maloy, Antoine Khoury, Engineering, addressed the Board
to state the County has no plans to widen Celery Avenue beyond three
lanes. He said the cost would be too
great to go to four lanes. The plans
are to do some improvements. The County
has a professional services contract with a consulting firm to be selected to
try to identify the needs. He concurred
with Chairman McLain that all the development decisions on zoning changes would
be based on concurrency, trips available, and level of service.
Upon
inquiry by Chairman McLain, Mr. West said the overlay would cap the density at
three units per acre and provide some design standards along Celery Avenue and
amenities in a uniform design standard between the City and County.
Chairman
McLain further discussed with Mr. West that as this property stands now with
the current land use, industrial could be developed without buffers to the
residential. If it were changed to Low
Density Residential, persons who develop the industrial would have to provide
adequate buffers to the residents.
Commissioner
Morris said, in looking over the minutes from the P&Z meeting and what’s
presented tonight, there seems to be two or three big areas that need to be
negotiated and agreed upon with Sanford.
They are the road itself, the densities, overlay standards, and the
range and timing of annexations. By
transmitting, the County has, as the City of Sanford, the single veto power to
stop the process. He said it appears
the real debate is what is negotiated with the City of Sanford. He asked when does staff anticipate coming
back before the Board.
Mr.
West said two hearing dates are scheduled for the large scale amendments, one
for May 27 and one for June 10, 2003.
It would be one of those dates when staff brings this back. Whereupon, Commissioner Morris said at that
point, if the Board does not like what they are hearing or were not able to
negotiate with Sanford, they can kill the whole thing.
Commissioner
Henley asked if the County doesn’t have those assurances and agreements, why
are they even discussing this and why would they want to transmit until they
know what the agreements are going to be.
Mr.
West said if the Board is interested, staff will transmit the amendment but if
they are not, staff will not do so. He
further responded to Commissioner Morris that if the County does nothing, the
City of Sanford will eventually annex the property piece by piece and there
will be no uniform design standards or density caps. He thinks this land will develop under the City’s rules rather
than joint rules that the City and County can live with.
Commissioner
Van Der Weide also questioned that it would be nice if the City of Sanford
voted to agree to maintain Celery Avenue before the amendment comes before the
Board. He recalled the actions of the
Board regarding the Oviedo Mall and Community College in Oviedo and then they
were annexed. Discussion continued.
Commissioner
Morris said his position is that any direction the Board gives to staff in
terms of the land use going forward would be on the conditions that the road is
transferred to the City and conditions be met relative to County standards;
that every base is covered relative to water and sewer, and have a
comprehensive agreement; otherwise this will be kicked out.
Mr.
West said these conditions have been put before the City and they will consider
them on March 10, per Chairman McLain’s comments.
Ken
McIntosh, speaking on behalf of himself and his wife and his neighbors,
addressed the Board to state nothing has happened since August 28, 2001. He said Chapter 163 requires a complete
transmittal to send to the Department of Community Affairs and that is not what
they have now. He noted that the Land
Planning Agency did not recommend transmittal, but recommended the matter be
forwarded to the BCC for action due to their inability to come to a decision on
this matter. He said they are opposed
to transmitting this to DCA at this time.
He identified the items that are incomplete as follows: right-of-ways, sewer, and the City of
Sanford assuming responsibility for cost.
He said these are all required for coordination of annexation. He recalled that at the last meeting, it was
recommended by Commissioner Henley that conferences be conducted between staff
members, County representatives, City representatives, and the residents
involved, but until this date he has not heard from anyone. He showed photographs (received and filed)
of Celery Avenue and the Experiment Station since August 1, 2000, when this
matter was first given consideration at the Midway Elementary School, which
showed there has been no change. He
said they feel theirs is a Suburban Estates district. He showed photographs (received and filed) of the homes in
Sanford Trails Estates and other homes including the home of Larry Dale and
Commissioner McLain’s property. He
reiterated that nothing has occurred in this corridor since the last time and
this is not ready for transmittal. He
stated there has been no progress made to answer the questions presented the
last time. He recommended that this not
be transmitted to DCA until such time as the transmittal is complete and
ready. He said he feels the Joint
Participation Agreement with Sanford is driving this issue instead of land
planning and it is in reverse and inappropriate at this time.
Upon
inquiry by Commissioner Henley, Mr. McIntosh explained his “Sipes Avenue ideology,
with Sipes Avenue serving as a barrier to any further annexation to the
east.” He advised he has not been asked
to meet with staff and present these ideas, although he has expressed the
desire for that opportunity.
Upon
inquiry by Chairman McLain, Mr. West said he was not aware it was the direction
of the Board to include Mr. McIntosh in any of the discussions.
Commissioners
Morris and Maloy continued discussion with Mr. McIntosh concerning the Celery
Avenue Corridor, buffering of the potential manufacturing area, and Zone
2. Discussion ensued.
Mr.
West corrected the Record that on May 6, 2002, a community meeting was held,
but Mr. McIntosh was not present. He
said this was where the idea of the overlay came from.
Larry
Dale, 3400 Celery Avenue, addressed the Board to state he was the one who began
this process several years ago. He
thought Sanford needed a place for upscale housing, and the density could be
compromised and worked out with the County.
He said subsequent to that, he built his own home in this area and is
even more interested in seeing something that brings upscale housing. He said he wants the same peace and
enjoyment that his neighbors have. He
does not want to see Celery Avenue four-laned or the cut-through traffic to continue. He thinks they need protection to the north
from the industrial and to see that the industrial corridor does not grow. He thinks the three units per net acre would
allow the upscale housing. Without an
agreement, the City of Sanford could still annex at six units per acre.
Chairman
McLain noted that Allen Hoops indicated he relinquished his speaking time to
Mr. McIntosh.
Richard
Creedon, 1172 Apache Drive, representing the Geneva Citizens Association,
addressed the Board to state that: (1)
their entire area struggles to find enough water to satisfy existing needs; (2)
Seminole County’s rural heritage is fast becoming only a fading, historical
memory; and (3) Seminole County’s Comprehensive Plan calls for protecting the
rural quality of the East area. He
asked, “In light of these facts, how can the County propose to administratively
downzone an entire farming community to allow much greater density when many of
the affected property owners object”?
Jimye
Russell, 950 Powhatan Drive, addressed the Board to state the border line goes
down Cameron and into their neighborhood called Indian Mound Village, which
separates some of the properties owned by different people. Half of the properties would be outside the
border and the other half would be incorporated into this land use. She said should this zoning go through, her
request is that the Board pay attention to the fact that the line could go
behind their properties so they are not divided within their community.
Mr.
West explained to Ms. Russell that this property is already split between two
land uses at this time. Chairman McLain
explained to her that the County’s position is not to support involuntary
annexations and would oppose the City doing so without permission.
Commissioner
Morris corrected the Record that this property is not in the East Rural Area,
but is in the Urban Service Area.
Walter
Meriwether, Jr., 3471 E. Celery Avenue, addressed the Board to state with the
things Mr. McIntosh brought out and the traffic concerns they have now, as
Commissioner Henley noted, they should get the City agreements before they move
on. He said maybe the traffic situation
would be addressed.
David
Terwilleger, 4020 Chickasaw Drive, addressed the Board to state his interest in
the area is long-term. He gave his
family history in Sanford. He stated he
would like to see something that’s geared towards upscaling the area and not
taking a short-term view of making a lot of money and building a lot of houses
in the area. He said they need good, quality
upscale development and to look out for the area. He thinks if they take the Phase 2 and put it on the 415 Corridor
and require access on 415, that would be much more likely to improve
development in that area. He said
having intense development against what is hopefully going to be low density
residential will be a much greater benefit to him and his family.
Becky
Mizzell, 2790 Celery Avenue, addressed the Board to ask what kind of
restrictions are on conservation easements and what kind of uses and non-uses
are available.
Deputy
County Attorney Steve Lee addressed the Board to answer Ms. Mizzell.
Ms.
Mizzell advised that there is a conservation easement in Sanford Trails Estate,
and several buildings have been built there because someone failed to do the
research. Whereupon, Chairman McLain
stated she can address that issue through the Building Department. He said Mr. West would accommodate her with
this.
Ms.
Mizzell said she thinks there are too many issues they are trying to pass
tonight, and the Board needs to consider having an informal meeting with the
residents and go through a list of what they want and will approve. This should be done before another formal
meeting is held with the BCC. She
explained one issue is the road, which is so narrow, and she doesn’t think
anyone has a clue what kind of impact that will be with the planned 600 homes
east of Mellonville Avenue. She said
the historic houses need to be taken into consideration, and some houses have
buildings that would prohibit moving the houses back to widen the road. She said the traffic and drainage need to be
taken care of before any of this is done.
George
Wallace, 700 W. First Street, representing Carol Woodall, Trustee to the Minnie
Meriwether Trust and heir-beneficiary of the F. T. Meriwether Estate, addressed
the Board to state regarding Area 1 that the Meriwethers are substantial
landowners in this area. He showed on
the map (not received and filed) the property owned by his client and the
estate. He said his client is in favor
of the staff recommendations and encourages the Board to continue with the
transmittal to DCA, with the understanding that the interlocal agreements need
to be completed with the City of Sanford.
Jay
Marder, City of Sanford, addressed the Board to state the City of Sanford is
very interested in having this agreement.
They see this as advantageous to all.
He said he really believes that the County has put some things in the
agreement that the City might not necessarily do on their own, like the three
dwelling units per acre and the takeover of the road. He said it would be advantageous for the County to transmit to
DCA, because this is putting some pressure on the City to go ahead and do some
good planning. He urged the Board to
move ahead and said he is pretty confident the City and County will be able to
work out the intergovernmental agreement, and he thinks it will be in
everyone’s best interest to do so.
Upon
inquiry by Chairman McLain, Mr. Marder said he understands that the County
would expect the City to honor any conditions of the interlocal agreement
before it is brought back for final approval.
Commissioner
Henley said he doesn’t understand why sending an incomplete agreement to DCA
would put any more pressure on Sanford than the Commission deciding not to
transmit until the City has agreed. Mr.
Marder responded that the interlocal agreement is additional information, and
DCA is basically going to look at the overall land use compatibility and level
of service, etc. They will see that
concurrency is in place and that there is an agreement with the City and it
will be modified to deal with the situation.
He said most of the public meetings have been at the County level, and
the City has not had any public meetings.
He thinks it would be a different situation when they do so, and the
County is giving the City the impetus to make the considerations and a
decision.
Marguerite
Terwilleger, 4020 Chickasaw Drive, addressed the Board to ask for clarification
on three houses per acre or three houses per developable acre. Chairman McLain advised the County requires
three per net buildable acre.
No
one else spoke in support or in opposition.
The
Speaker Request and Written Comment Forms were received and filed.
Minutes
from the P&Z meeting of February 5, 2003, were submitted into the Record by
staff.
Commissioner
Morris said he agrees that the County would have to reach agreement with the
City of Sanford on a variety of development conditions that would be far more
restrictive than what Sanford currently allows. They have to reach agreement on the roadway and the overlay
standards. He said it seems the natural
thing would be to hear from the State of Florida, as has been done in the
past.
District
Commissioner McLain said if it would make the Board more comfortable to wait
until the City approves the agreement, he would not object to continuing this
item until the agreement is in place and then brought back to the Board for
final determination. The Board would
not reopen the public hearing at that time.
Mr.
West advised Commissioner Morris that the staff’s intent was to transmit this
amendment to DCA after March 11 along with two other pending amendments.
Commissioner
Van Der Weide said he would like to see the City move first and see some
assurances from the City on the Record.
He thinks it would be smart to continue this and see what they have
before the Board makes a decision.
Commissioner
Henley asked if once they get the agreement, could the Board direct County
staff, along with the City staff, to meet with the representatives of the
residents before this comes back before the Board. Whereupon, Chairman McLain said in the motion the Board could
direct staff to communicate with the speakers in attendance tonight about the
issues of the agreement with the City of Sanford.
Upon
inquiry by Commissioner Maloy about how this can be handled without reopening
the public hearing, Mr. McMillan said the staff could come back with a proposal
and then the Board could ask questions.
Chairman McLain asked Mr. McMillan to evaluate doing this and make a
recommendation to the Board on how to handle it
Commissioner Maloy said he doesn’t
buy the argument that changing to low densities is going to give a better
quality development. He gave his
personal example with his property and said he thinks you can have high quality
with Suburban Estates. He has concerns
with this for the potential to leapfrog development. He said he couldn’t imagine how they are going to open this
amount of property without providing the basic infrastructures. He does not have a comfortable feeling that
this road is going to be a quality road that can handle that much
development. He said he does not have
any confidence that the City of Sanford is going to be able to maintain it when
they can’t agree for a drainage pipe in front of the County Services
Building.
Commissioner Morris answered that
the issue is not what the County is going to change the land use to, but the
reason why the County would change the land use under the annexation
proposal. He said he concurs with
Celery Avenue being developed.
Under discussion with Commissioner
Henley, Commissioner Morris asked Mr. McMillan what is the recourse by the
State, the citizens, and the County if the interlocal agreement were under
DCA’s compliance and the City did not comply with it.
Mr. McMillan said the County would have to sue the City to require compliance. He said he doesn’t know if DCA would have any rights. Whereupon, Mr. Grace said he thinks DCA would look to the County to enforce the interlocal agreement. Commissioner Morris requested Mr. McMillan to research what would be DCA’s enforcement.
Commissioner Maloy asked if the County
couldn’t work out an interlocal agreement, couldn’t they lock into their own
land use at the new designation.
Don Fisher, Planning &
Development Director, addressed the Board to state there is more than one way
to identify the 2.5 dwelling units per acre along the Myrtle Street areas. From a developer’s standpoint, he doesn’t
believe a new land use designation is the best way to go. There could be policies and overlay
districts that would be more appropriate.
He said if the Board didn’t apply the land use, they could apply
something unique to this site that’s unique from the one on Myrtle. This is the Board’s decision.
Commissioner
Henley directed staff to get the three units per acre defined in the interlocal
agreement before it comes back to the Board.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue the
Administrative Large Scale Land Use Amendment from Suburban Estates to Low
Density Residential for approximately 538 acres (Section One) located on the
north and south sides of Celery Avenue, until such time as staff brings back to
the Board from the City of Sanford the agreements discussed; with all comments
tonight by the Commissioners.
Districts
1, 2, 3, and 4 voted AYE.
Commissioner McLain abstained from voting.
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Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue the
Administrative Large Scale Land Use Amendment from Suburban Estates to Mixed
Development for approximately 94 acres (Section Two) located on the south side
of Celery Avenue, until such time as staff hears back from the City of Sanford
with the necessary agreements in place.
Districts
1, 2, 3, and 5 voted AYE.
Commissioner
McLain abstained from voting.
Alma Vogel, 1750 Markham Woods Road, addressed the Board to report on the research she has done within the past two weeks with the State, the Environmental Protection Agency, and surrounding counties regarding neighborhood burning.
Chairman
McLain advised the Board has instructed staff to evaluate the County
ordinance. Mr. Grace has said this is
in the process and he will report back to the Board when they are prepared to
consider that action.
The
Speaker Request Form for Ms. Vogel was received and filed.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:45 p.m., this same date.
ATTEST: ________________________Clerk __________________Chairman
er/slm/cc