BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 26, 2002
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m. on Tuesday, February 26, 2002, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1) (Late)
Commissioner Randy Morris (District 2) (Late)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Chaplain Charles B. Pitroff, Good News Jail & Prison Ministries.
County Attorney, Robert McMillan, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2002-R-22, as shown on page ________, proclaiming the week of February 24 through March 2, 2002 as “John E. Polk Correctional Facility Jail Chaplain Appreciation Week”.
Districts 3, 4 and 5 voted AYE.
The Resolution was presented to Chaplain Charles B. Pitroff of Good News Jail & Prison Ministries who expressed his appreciation and invited the Board to their banquet to be held on March 1, 2002 at the Sanford Civic Center.
Commissioners Morris and Maloy entered the meeting at this time.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-9, as shown on page ________, commending Deborah Collett, Executive Assistant to Commissioner Dick Van Der Weide, for her services to Seminole County upon her retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Ms. Collett who expressed her appreciation to the Board, stating it has been a privilege to serve the citizens of Seminole County.
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Mayor Paul Lovestrand, City of Longwood, addressed the Board to advise that the state of the City of Longwood is excellent. He said the City has no long-term debt and has an ample surplus, with the tax rate today lower than it was in 1990. He stated they are building a $1 million community building in the their historical district with money set aside before construction started. In the historic district, the City is doing improvements that are adding value to the houses within the district. He expressed his appreciation to the County Commission for their cooperation with regard to the post office property.
Mayor Lovestrand advised the City is finalizing plans on their land development code, which will eliminate zoning and zoning maps. As the City passes a change in land use, they will no longer have two ordinances. The process will be streamed-lined. He further advised a master plan has been done for their cemetery and they are now in the process of applying for grants for landscaping at this time. He also advised of the City’s road paving program and their progress on same.
Chairman McLain thanked Mayor Lovestrand for attending, stating the County wants to continue their good relationship with the City.
Commissioner Maloy stated good things are happening in the City of Longwood. He congratulated the Mayor on his fiscal conservative nature. He advised that the County is moving forward with an RFP for bus shelters and suggested this might be something the City Commission could consider.
Commissioner Henley thanked Mayor Lovestrand for his presentation, stating he appreciates the job he is doing for the City.
Commissioner Morris commended the City on the road paving work they have done on East Street.
Commissioner Henley stated he appreciates the work the Mayor and City Commission have done. He requested some work be done on North Street as he has been receiving complaints on the roughness of it.
Chairman McLain advised Mayor Lovestrand to feel free to contact the County if the City needs any assistance.
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President and CEO of Metro Orlando Economic Development Commission, Ray Gilley, addressed the Board to commend Commissioner McLain for his dedication to the EDC while serving as liaison commissioner.
Mr. Gilley and Tracey Giegel presented Commissioner McLain with a plaque for his services on the EDC. Whereupon, Commissioner McLain expressed his appreciation.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve and authorize the following:
5. Approve settlement and execute Subordination Agreement, as shown on page________, relating to Parcels Numbers 106/706, 107/707, 108/708/808, 135/735, 145/745, 152/752/852, 153/753/853, 754/854, 755/855 and 156/756/856 of the Dodd Road improvement project between the County and Florida Power Corporation.
6. Authorization to Appeal Attorneys Fees and Cost Order in case relating to Parcel Numbers 106 and 706, Seminole County v. Grace Properties No. 7 Ltd, et al, for the Howell Branch Road improvement project. County staff seeks to appeal unfavorable rulings on legal issues by Judge Nelson to the Fifth District Court of Appeal.
7. Approve proposed payment of attorney’s fees and costs incurred relating to withdrawing Parcel Numbers 808 and 834, Dodd Property and Floyd Property, from the Order of Taking on the Dodd Road improvement project in the amount of $8,617.57.
Property
Acquisition
8. Approve
and execute Purchase
Agreement, as shown on page _______, relating to Parcel Numbers 107A, 107B and
707, H. Richard Joyce & David
Redwine property, for the Airport Boulevard Phase III road improvement
project, located on the northwest quadrant of County Road 46A and Airport
Boulevard with frontage along each, in the amount of $90,000.00, incurring no
attorney’s fees or costs.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S BRIEFING
County Attorney, Robert McMillan, advised
the Circuit Court Appellate Panel ruled in the County’s favor with regard to
the Bob Dance case.
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Mr. McMillan advised the
litigation relating to the ponds on Rinehart that the County settled with the
Kastner Estate and Paulucci is over and done with.
Mr.
McMillan reported that several of the Commissioners, Mr. Grace and he were in
Tallahassee last week. He said the
Legislature is focused on tax reform and redistricting at this time and it is
hard to get their attention on anything more than that. He stated they met with several of the
County’s Legislative Delegation but did not push any specific issue - only
asked that the State not do anything to harm the County this year.
Commissioner
Morris requested Item #14, Orange County Industrial Development Authority
revenue bonds for Central Florida YMCA Project, be pulled for a separate vote.
Upon
inquiry by Commissioner Maloy with regard to Item #41, East Lake Mary Boulevard
Extension exchange of property, County Engineer, Jerry McCollum, addressed the
Board to advise this is the last parcel to be acquired. He added that this is standard
procedure.
Commissioner
Henley discussed Item #34, Request for elimination of Deputy Sheriff’s hours at
Greenwood Lakes Park and to use those funds to purchase playground equipment at
Kewannee Park. He advised he has
received communication from Mr. Burman of The Crossings Association, who is
concerned about eliminating the deputy.
Commissioner
Morris stated he believes staff needs to know that district commissioners need
to be made aware of these types of situations so that they can work with the
community to explain to them what is occurring. He said there still will be an officer at the Library next to the
park.
Commissioner
Henley stated that the issue is not to transfer the $16,000 for use at Kewannee
Park. The issue is whether or not it is
justified to keep the position at the park.
Chairman
McLain stated if the County is going to have a model like Kewannee Park, then
the other neighborhood parks that are below this standard should be reviewed
for upgrading.
Director
of Library & Leisure Services, Suzy Goldman, addressed the Board to advise
there hasn’t been any incidents at the park after 5:30 p.m. for the past
year. She further advised that staff
recommends keeping the deputy at the library because that has been so successful.
Commissioner
Van Der Weide stated he believes it is out of the ordinary to do these two
actions at one time under the Consent Agenda and he would caution the staff
about doing this.
Commissioner Morris stated the deputy was
put in the park because four or five years ago the park had a lot of problems
and was unsafe. The park has
dramatically improved. He requested the
staff contact the Silver Lakes Homeowners Association to explain the situation
and that the association is not paying for the deputy.
Chairman
McLain requested Item #31, RFP-4136-01/BJC, Benefit Consultant Services award,
be pulled for a separate
vote.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
Administrative
Services
9. Approve request to reduce minimum bid from
$61,000 to $33,000, and competitively bid 3.4 acres of County vacant land
identified as Parcel 22-19-30-300-003A-000, Narcissus Avenue, Sanford.
10. Approve
and authorize Chairman to execute Lease Amendment, as shown on page _______,
for the Seminole County Mental Health Center.
13. Approve and
authorize Chairman to execute the Seminole County Planning and Development
Department Fee Resolution #2002-R-28, as shown on page _______.
15. BCR #02-44 – $12,620 – Environmental Services – Water & Wastewater – Fund: 40100 – Water & Sewer. Transfer requested to fund cleaning services for Consumers Water Treatment Plant and the new maintenance building at the plant for the remainder of FY 2002.
16. BCR #02-45 – $17,640 – Public Safety – EMS/Fire/Rescue – Fund: 11200 – Fire Fund. Assembly of two wood trucks was anticipated in FY 2000/01, but was not completed and signed off until after October 1, 2001. This request will place the funds in the appropriate capital account to accommodate payment to the vendor.
17. BCR #02-46 – $10,277 – Public
Safety – Emergency Communication/E911– Fund: 12500 – E911 fund. As a result of 9/11/01 it has become necessary to equip the
emergency response staff in Emergency Communication, E911 and the Sheriff’s
Department with mobile satellite phones. These phones make communication with
the State and each other possible via satellite if the 911 system fails or is
sabotaged. This BCR will place funds in the correct account line for the
purchase of the E911 portion of this system.
18. BCR #02-47 –
$72,419 – Public Works – Engineering – Fund: 12604 – East Collector Impact Fees
fund. An impact fee refund for $87,191 is due to Sterling Financial
Corporation. This is in accordance with the Land Development Code (Section
120.36) as the applicant has agreed to construct a turn lane and a sidewalk at
the site entrance on CR 419. A transfer of $72,419 from Impact Fee reserves is
necessary to make the payment.
19. BCR #02-49 – $461,000 – Public Safety – EMS Trust – Fund: 11800 – EMS Trust Fund. FCC Order 94-102 requires 911 systems to provide location information from 911 calls on a display map that will interface with a Computer-Aided Dispatch (CAD) system. This transfer is requested to provide funds for the purchase of a Multi-Jurisdictional Computer Aided-Dispatch and Fire/EMS Mobile Data system. Costs are to be shared with E-911 (see BCR 02-50, below).
20. BCR #02-50 – $280,000 – Public Safety – E-911 – Fund: 12500 – Emergency 911 Fund. FCC Order 94-102 requires 911 systems to provide location information from 911 calls on a display map that will interface with a Computer-Aided Dispatch (CAD) system. This transfer is requested to provide funds for the purchase of a Multi-Jurisdictional Computer Aided-Dispatch and Fire/EMS Mobile Data system. Costs are to be shared with EMS (see BCR 02-49, above).
21. Budget Amendment Resolution #2002-R-24, as shown on page _______, $2,000,000 – Public Works: 13000 – Stormwater Fund. Based on the Agreement between Seminole County and the SJRWMD, approved by the Board of County Commissioners on 11/27/01, the SJRWMD will reimburse the County $1,750,000 for the Middle Basin Initiative ($750,000 for the Little Econlockhatchee River Basin Evaluation and $1,000,000 for the Lake Monroe Basin Watershed Plan Implementation). Additionally, based on the first Amendment to an Agreement between Seminole County and the SJRWMD, approved by the Board of County Commissioners on 7/24/01, the SJRWMD will reimburse the County $250,000 for the Little Econlockhatchee River-Crane Strand System Retrofit Project.
22. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page ________, for Gary F. and Betty J. Fassett for the Myrtle Lake Hills Road Paving and Drainage Project.
23. Approve and authorize Chairman to execute Satisfactions of Lien, as
shown on page ________, (100 properties as identified) for the Springs Landing
Street Lighting Construction MSBU.
25. Approve ranking and award PS-5106-01/BJC Contract, as shown on page _______, Engineering Design for North Lake Jesup Basin to Camp Dresser & McKee, Inc., Maitland (Not-to-Exceed $1,000,000.00).
26. Approve ranking and award
PS-5111-01/BJC Contract, as shown on page _______, CDBG Engineering Services,
to HDR Engineering, Winter Park; Inwood Consulting, Orlando; Professional
Engineering Consultants, Orlando; TEI Engineers & Planners, Lake Mary
(Not-to-Exceed $200,000.00 per year).
27. Approve Amendment #8 to
PS-505-97/BJC Contract, as shown on page _______, Consultant Design Services
for Seminole Wekiva Trail, Sections 2 and 3, with Harding ESE, Inc., Orlando
(Time Extension).
28. Approve
Amendment #1 to PS-592-01/BJC, as shown on page _________, Professional
Engineering Services for Potable Water System at Five Points, with Florida Land
Design, Inc., Altamonte Springs ($3,297.96).
29. Award RFP-4122-01/BJC Contract, as shown on page _______, County Physician, to Florida Physicians Medical Group d/b/a Newman Family Medicine, Altamonte Springs (Not-to-Exceed $70,000.00 per year).
30. Approve ranking, award and authorize negotiations for RFP-4135-01/BJC Contract, as shown on page _______, Software for a Multi-Jurisdictional Computer Aided Dispatch and Fire/EMS Mobile Data System for use in a Public Safety Answering Point (PSAP) Environment, to Orbacom Communications Integrator Corporation, Cinnaminson, NJ (Not to Exceed $1,500,000.00).
32. Award RFP-4137-01/BJC Contract, as shown on page _______, Employee Assistance Program, to The Allen Group, Inc., Longwood (Not-to-Exceed $15,000.00 per year).
33. Approve Amendment #5 to Work Order #1 for RFP-461-99/BJC – Wetlands Monitoring Consultant Services with PBS&J, Orlando (Change to Fee Schedule).
36. Approve and authorize Chairman to execute the Second Amendment, as shown on page _______, to the Multi-family Affordable Housing Funding and Administrative Agreement between Seminole County and Florida Community Capital Corporation (FCCC).
39. Approve and authorize Chairman to execute the Drug Enforcement Administration Application and Certification for Fee Exemption, as shown on page _______.
Public Works
Engineering
40. Approve and authorize Chairman to execute the Transportation Outreach Program (TOP) Grant Agreement, as shown on page ________, for additional funds for the SR 434 PD&E Design and Post Design Services.
41. Adopt appropriate Resolution #2002-R-30, as
shown on page _______ and approve and authorize Chairman to execute the
Agreement, as shown on page ________, with Helen Howland Holdings, Inc., for
the purchase and exchange of property in conjunction with the East Lake Mary
Boulevard Extension Project (Proof of Publication, as shown on page _______,
for property swap was received & filed).
Districts 1, 2, 3, 4 and 5 voted AYE.
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(#14) Commissioner Morris noted that the
requested bond issue for the YMCA is actually part of a refinancing issue for
about $18 or $19 million. He said the
only real improvement for the Longwood/Lake Mary YMCA Family Center is for a
$269,000 improvement to the adult locker rooms and parking lot paving. He said this was taken out of the budget
four years ago when the center was shortchanged and the improvement was not
done. He added that of the $18 million,
most of the money is going to Orange County.
He stated that the Board, if they approve this, is endorsing this and
Commissioners should be made aware. In
the spirit of cooperation, however, he would recommend approving the bond
issue; but just wanted the Board to be aware of this.
Chairman
McLain stated he believes it is appropriate for Mr. Grace to pursue this and
deal with this inequity before the next bond issue comes back to the
Board.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to
approve and adopt appropriate Resolution #2002-R-23, as shown on page _______,
ratifying the issuance by the Orange County Industrial Development Authority
Revenue Bonds Series 2002 for the Central Florida YMCA Project.
Districts
1, 2, 3, 4 and 5 voted AYE.
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(#31) The Board discussed request for award
of RFP-4136-01/BJC, Benefit Consultant Services. Chairman McLain commented that there was only one point
separating the first and second place companies. He advised that the second place firm (Allied Group Insurance
Services, Inc.) has a lower annual fee for the first year than the first place
firm (Wittner National Group). He
stated that because of the closeness of the points, he believes it is
appropriate to consider the number two first and save that money.
Commissioner
Henley stated he had the same question and believes the number two firm is just
as capable of doing this service.
Motion by Commissioner Morris, seconded by Commissioner Maloy to rank Allied
Group Insurance Services, Inc., Winter Park as number one for RFP-4136-01/BJC,
Benefit Consultant Services for Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Maloy to approve and
authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated February 5 & 12, 2002; and Payroll Approval List, as shown on page ________, dated January 31, 2002.
2. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Robert Edward Abshier & American Contractors Indemnity Ins. Co. - $516
Robert Connell Greaud & Accredited Surety & Casualty Ins. Co. – $4,038
Talisa Lashwan Johnson & Roche Surety & Casualty Ins. Co. - $538
3. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Stephen D. Alford, Case #01012033MM - $250
Jose A. Alicea, Case #99004267CFA - $200
Wendy Allen Allen, Case #01007189MM - $200
David G. Bass, Case #95000642CFA - $200
Chandra Beckford, Case #95001682MM - $200
Chandra K. Beckford, Case #96008089MM - $200
Chandra Kadir Beckford, Case #97009562MM - $100
Chandra K. Beckford, Case #99001016MM - $200
Robert Lee Bentley, II, Case #97000404CFA - $200
Marsha Bingham, Case #99000608CJA - $200
Francis Bose, Case #01004832MM - $50
Anthony T. Buttitta, Case #01013782MM - $100
James Cornish, Case #01007943MM - $200
Kimberly Crow, Case #92001036CFA - $350
Maria Davis, Case #01010414MM - $200
Carlos R. Diaz, Case #01012014MM - $200
Lisa Forsythe, Case #97002942CFA - $200
Rickey G. Golden, Case #99000085CFA - $200
Robert Highsmith, Case #01005441MM - $200
Ronald V. Jacobs, Case #01010058MM - $200
Debra L. Johnson, Case #01006522MM - $200
Thomas E. Lowry, Case #00002312MM - $200
William D. Malouhos, Case #99010605MM - $200
Robert McDonnell, Case #00013151MM - $200
Lawrence McIntyre, Case #00012348MM - $200
Helen M. Myers, Case #01000893MM - $250
Guillermo Nunez, Case #01012673MM - $50
Jose Ortez, Case #01002007MM - $200
Michael G. Prior, Case #01000287CFA - $100
Elvia M. Ruiz, Case #01012975MM - $200
Christopher S. Simmons, Case #94001938CFA - $200
Christopher S. Simmons, Case #98011558MM - $100
Marshall T. Smith, Case #97001878CFA - $350
Jeremy Ray Spaulding, Case #98006920MM - $100
Coby Stonecypher, Case #01002185MM - $200
John L. Sullivan, Case #98002011MM - $200
Prince Thomas, III, Case #98001604MM - $200
Emilio Torres, Case #01006657MM - $250
Anthony Watson, Case #98005952MM - $200
Darrell Williams, Case #00012076MM - $200
Frederick Wilson, Case #01009007MM - $200
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the
following Clerk’s “received & filed”:
1. Change Orders #2, #3, & #4 to FC-1123-00, as shown on page _______, Wharton Smith, Inc.
2. Memorandum to Board of County Commissioners from Sheriff Eslinger re: John E. Polk Correctional Facility – Status Update of FPL Energy Conservation Project.
3. Development Order #1-32000017, as shown on page _______, relating to James W. Hickman Revocable Trust Special Exception, as approved by the Board of Adjustment on June 25, 2001.
4. Development Order #01-20000002, as shown on page ________, relating to Bowyer-Singleton Hunt Club Blvd. rezone as approved by the BCC on March 27, 2001.
5. Ordinance #2001-33, as shown on page _______, relating to NW 46/Ken Wright rezone as approved by the BCC on August 14, 2001.
6. Letter serving as Certificate of Completion, as shown on page ________, for FC-1110-00 as approved by the BCC on June 12, 2001.
7. County Deed and Warranty Deed, as shown on page ________, for C & H Interresource Corp. relating to Settlement Agreement for Hart Contract and UniPak Corp. property, as approved by the BCC on August 14, 2001.
8. Subdivision Maintenance Bond, as shown on page _______, for Baker’s Crossing in the amount of $5,435.
9. Title Opinion, as shown on page ________, for Sharp Minor Plat.
10. Work Orders #45, #46 & #47 to PS-532-98, as shown on page ________, Southeastern Surveying.
11. Work Order #7 to PS-586-01, as shown on page ________, Brown & Caldwell.
12. Work Order #7 to PS-590-01, as shown on page _________, Inwood Consulting.
13. Environmental Site Assessment Agreement M-299-02, as shown on page _________, EMS Scientists, Engineers, Planners.
14. Work Order #8 to PS-586-01, as shown on page __________, Brown & Caldwell.
15. Work Order #27 to FC-1139-00, as shown on page ________, C.A. Meyer Paving.
16. Work Order #16 to PS-356-96, as shown on page ________, PBS&J.
17. Work Order #3 to PS-544-99, as shown on page ________, Transportation Engineering.
18. First Amendment to Work Order #13 to PS-543-99, as shown on page ________, Ardaman & Associates.
19. Work Order #37 to PS-543-99, as shown on page _________, Ardaman & Associates.
20. Recorded Quit Claim Deeds, as shown on page ________, as follows: Troy Lassoe; William & Melanie Bradley; Michael Leech; Jeffrey & Maria Hagen; Donald & Ruth Smith; Constance Palama; Jacquelyn Parrish; Robert & Susan Montgomery; Philip & Donna Jorgensen; Michael & Laura Klim; Jeremiah & Theresa Perry; Augustine & Meena Joseph; Marie Rogel; Bobbie & Lucy Driskill; Mark & Chiara O’Brien; Hamp & Linda Arendale; Kenneth & Judith Bechtel; Nancy Hawker; Boris & Catherine Ellison; Jerel & Tina Erwin; Karl & Robyn Wipperfurth; Ona Bickelhaupt; and Michael & Ann Knadle.
21. Bids as follows: FC-1173-01; RFP-4141-01; PS-5112-01; RFP-4140-01 and RFP-4136-01.
22. Notice of Denial, as shown on page ________, for Cingular Wireless/Crown Communications as approved by the Board of Adjustment on January 28, 2002.
No Report.
REGULAR AGENDA
Kent Cichon, Planning & Development, addressed the Board to request approval of a new Lead Inspector position for the Building Division due to the implementation of the Florida Building Code requiring three new Gas Permits/Inspections and three new Pool Inspections.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve new Lead Inspector Position in the Building Division; and to approve Budget Change Request in the amount of $59,673, to provide funding for the new inspector position.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
Planner, Craig Shadrix, addressed the Board to give a brief presentation on the SR 46 Scenic Corridor Overlay Outdoor Lighting Standards and the Wekiva River Protection Area Environmental Design Standards (Wekiva Global Compliance Agreement).
During his Power Point presentation (copy received & filed), Mr. Shadrix advised the 1999 Wekiva Global Compliance Agreement requires the County to create a scenic corridor overlay zoning district for SR 46, which includes lighting standards. The zoning district was enacted by the Board in May 2001; however, staff has prepared the lighting standards for SR 46 as a separate ordinance. Staff has also prepared an ordinance for the Wekiva River Protection Area Environmental Design Standards. He advised that they have received several comments from the Development Advisory Board (copy was received & filed).
Commissioner Van Der Weide suggested taking the term “lighting trespass” out of the ordinance.
Commissioner Henley expressed his concern with the economic impact of this ordinance. He questioned what is that impact.
Mr. Shadrix stated staff does not see this as a major increase in cost to the property owner. He said single-family residential owners are not required to do this.
Upon inquiry by Commissioner Henley, Mr. Shadrix advised there is no grandfather clause in the ordinance.
Commissioner Morris stated he would like to see the lighting ordinance be a countywide ordinance.
Commissioner Van Der Weide left the meeting at this time.
The Board, by unanimous consensus, directed staff to proceed with the existing lighting ordinance and to evaluate expanding it to be countywide at a later date; and to also report back on the economic impact this would have.
Commissioner Maloy stated if the Board considers going countywide with the ordinance, he would not want it to apply to existing commercial property owners who are wanting to fix up or improve their property. He also stated he likes neon lights.
Commissioner Henley stated he believes the County should work with the smaller businesses when they go to improve their property.
Discussion ensued between the Board and staff with regard to the requirement to buffer flood plains.
Upon inquiry by Chairman McLain, Planning & Development Director, Don Fisher, addressed the Board to advise that the Wekiva Global Compliance Agreement would have to be renegotiated in order for the flood plain buffer requirement to be eliminated.
Commissioner Morris referred to DAB’s comment regarding Section 6(a), (1-3), stating the 50% tree preservation gives him pause. He stated he does not know how 50% is determined.
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Development Review Manager, Mahmoud Najda, addressed the Board to brief the Board on the severe slopes in the Osprey Lakes Subdivision located in the Chuluota area; and the road problems and maintenance of Howell Creek Tributary in the Eagle’s Pointe Subdivision. He explained that with regard to Osprey Lakes, staff was aware of the existing slopes along the southern property line; but knew they would be removed and re-graded at the time The Trails Subdivision, which abuts Osprey Lakes, began construction. With regard to the severe slopes adjacent to the western boundary line along Jacob’s Trail, it was necessary to design the subdivision road at the existing elevation due to the location of the proposed road to the County’s trail and the actual trail elevations. He displayed photographs (not received & filed) showing the slopes are now shallower and jasmine has been planted to eliminate erosion. He advised staff is looking at establishing a procedure where more cross-sections will be required on design plans to demonstrate the difference in elevations so this type of situation will not occur in the future.
Commissioner Morris stated it appears the staff did not do the proper review.
Mr. Najda discussed the problems in Eagle’s Point Subdivision with Falling Pine Court experiencing leeching of the ground water table through the curb and pavement. It is staff’s opinion that the water intrusion through the road system is due to the rise in elevation of Tuskawilla Road and also from the irrigation and rainfall on the lots along Falling Pine Court. The existing under drain system is not functioning properly and needs to be replaced - the method of construction needs to be better. He said staff does not see this happening any more in the future.
Commissioner Maloy stated these drains are far too new to have to be replaced.
Upon inquiry by Commissioner Henley as to whether or not the County has any recourse, Mr. McMillan advised all the maintenance bonds have been released.
Commissioner Maloy pointed out that all the rules were followed in the early 1990’s when the development was approved.
Mr. Fisher advised this is an exception, not the rule. He added staff does not believe this will happen in the future.
Upon inquiry by Commissioner Morris, Mr. Fisher advised he has not done any estimates on the cost of replacing the under drains.
Mr. Grace stated he is not comfortable with staff’s opinion that this will not happen again and will have staff look at this in more depth and will come back with a specific recommendation regarding these issues.
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The Board, thereupon, recessed at 11:13 a.m., reconvening at 1:37 p.m., this same date, with all Commissioners and all other Officials (with Commissioner Maloy being late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion
by Commissioner Morris, seconded by Commissioner Henley to authorize filing of
the proofs of publication for this meeting's scheduled public hearings.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Maloy entered the meeting at this time.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Vacate and Abandon the south 7 feet of a 20 ft. drainage
easement located on the northern property boundary of Lot 8, Westlake Estates,
John D. Frost, received and filed.
Shannon
Suffron, Planner, addressed the Board to advise the purpose of the request is
to accommodate a screen enclosed pool.
She stated staff recommends approval of the request.
John
Frost, applicant, addressed the Board to advise he will be glad to answer any
questions.
No
one spoke in support or in opposition.
District
Commissioner McLain recommended approval of the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt
appropriate Resolution #2002-R-25, as shown on page _________, vacating and
abandoning the south 7 feet of a 20 ft. drainage easement located on the
northern property boundary of Lot 8, Westlake Estates, as described in the
proof of publication, John D. Frost.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from M-1A (Very Light Industrial) to C-3 (General
Commercial and Wholesale); property located on the east side of Hickman Drive,
north of SR 46 in the I-4 Industrial Park, John Guy, received and filed.
Cathleen
Consoli, Planner, addressed the Board to state the intent of the rezone is to
acquire setback requirements that will allow the remainder of the property,
approximately 5.53 acres, to be sold at a future date. She reviewed the future land use of the
property as outlined in the agenda memorandum.
She stated staff recommends approval of the request.
John
Guy, applicant, addressed the Board to advise he is available for questions.
No
one spoke in support or in opposition.
District
Commissioner McLain recommended approval of the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt
Ordinance #2002-7, as shown on page _______, rezoning to C-3 for property
located on the east side of Hickman Drive, north of SR 46 in the I-4 Industrial
Park, as described in the proof of publication, John Guy.
Districts
1, 2, 3, 4 and 5 voted AYE.
The following Communications and/or Reports were “received and filed”:
1. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Representative David Simmons RE: Tax Reform Legislation.
2. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Representative David Mealor RE: Tax Reform Legislation.
3. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Representative Jim Kallinger RE: Tax Reform Legislation.
4. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Speaker Tom Feeney RE: Tax Reform Legislation.
5. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Senator Daniel Webster RE: Tax Reform Legislation.
6. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Senator Buddy Dyer RE: Tax Reform Legislation.
7. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Senator Anna Cowin RE: Tax Reform Legislation
8. Copy of letter dated February 18, 2002 from Commissioner Daryl McLain, Board Chairman to Senator Lee Constantine.
9. Letter dated February 7, 2002 from Truman G. Scarborough, Jr./Chairman Brevard County Board of County Commissioners to Chairman RE: recent meeting and Florida Chamber’s “New Cornerstone” report. (cc: Board, County Manager)
10. Copy of letter from Thompson Road residents to Board of Adjustment RE: opposition to Nobel Learning Center. (cc: Board, County Manager, Planning & Development/Administration, Planning)
11. Facsimile dated February 15, 2002 from Cynthia Hamilton-Smith to Chairman RE: Historical Resources Grant Award to Goldenrule Housing. (cc: Board, County Manager, CDBG)
12. Copy of letter dated February 12, 2002 to Richard Crotty, Orange County Chairman from Al M. Clark, Casselberry City Commissioner RE: Water Summit meeting and additional issues. (cc: Board, County Manager, Environmental Services Director)
13. Letter dated February 11, 2002 from Solomon F. Schick to Chairman RE: support of Jewish Senior Housing Village. (cc: Board, County Manager, Planning & Development/Administration, Planning)
14. Letter dated February 11, 2002 from Byron W. Brooks, LYNX Executive Director to Chairman RE: changes in ADA paratransit service and funding breakdown. (cc: Board, Planning)
15. Letter dated February 12, 2002 from John A. Moseler and Leo Trepanier to Board RE: support of Oakmonte Senior Villages. (cc: Board, Planning & Development/Administration, Planning)
16. Letter from Edith Kosuda, Steeplechase resident to Board RE: opposition to Cleborne swimming lessons. (cc: Board, County Manager, County Attorney, Planning & Development/Administration, Planning)
17. Letter from Stephanie A. Kirnnan, DDS, Steeplechase resident to Board RE: opposition to Cleborne swimming lessons. (cc: Board, County Manager, County Attorney, Planning & Development/Administration, Planning)
18. Letter from Paul & Elizabeth Toomey, Steeplechase resident to Board RE: opposition to Cleborne swimming lessons. (cc: Board, County Manager, County Attorney, Planning & Development/Administration, Planning)
19. Letter from Beth Arena DeFalco, customer of Mr. Keith Cleborne to Board RE: intensity, excessive screaming and volume of Cleborne swimming lessons. (cc: Board, County Manager, County Attorney, Planning & Development/Administration, Planning)
20. Letter from Jennifer Hickson, customer of Mr. Keith Cleborne to Board RE: intensity, screaming and volume of Cleborne swimming lessons. (cc: Board, County Manager, County Attorney, Planning & Development/Administration, Planning)
21. Letter dated February 13, 2002 from Kenneth M. Roberts, Public Safety Director to William Howard in appreciation of recent donation.
22. Email dated February 13, 2002 from Selma Eisen to Chairman RE: support of rezoning request for Oakmonte Senior housing.
23. Contracts for Services, as shown on page _________, between Seminole County and Wayne Boswell, Marc Hulton, Delia Olivares, Elizabeth White, Tammy Childs, Barton C. Gumpert, William Sullivan, Jan Enos, Michael Eady, Carlos Olivares.
24. Emails dated February 12, 2002 (prior to BCC meeting) to Board from Steven & Jackie Sullivan, Larry O. Cruse, Terri & Robert Palmer, Jan Baka, Warren & Delores Turner, Mitchell Primas, Rob & Trish Ripley, Joyce & Fred Barone, J. McAllister, Vickey Shedlock and Asif Javed RE: opposition to Portofino Student Housing on McCulloch Road. (cc: Planning & Development/Administration, Planning)
25. Letter dated February 5, 2002 from Arthur F. Ryan and Gerald N. Tirozzi, The Prudential Spirit of Community Awards to Chairman RE: recognition of Stacey Hillman of Casselberry as award recipient for outstanding community service. (cc: Board, County Manager)
26. Letter dated February 11, 2002 from the Private Business Association of Seminole, Inc. to Board RE: unanimous endorsement of support for conference center. (cc: Board, County Manager, DCM/Frank, DCM/Sherman)
27. Letter dated February 8, 2002 from Joe Gasparini/Parks & Recreation Manager to Paul Marynowych RE: appreciation of recent donation.
28. Letter dated January 25, 2002 from Senator Bob Graham to Chairman RE: acknowledgement of County concerns regarding Legislative issues. (cc: Board, County Manager)
29. Letter dated January 28, 2002 from The Florida Legislature, Office of Economic and Demographic Research to Florida Redistricting System Users RE: program enhancements and availability of updates. (cc: Board, County Manager, Supervisor of Elections, GIS)
30. Letter dated January 12, 2002 from Lewis J. Teich to Board RE: support of Jewish Senior Housing at Oakmonte Village. (cc: Board, Planning & Development/Administration, Planning, Development Review)
31. Letter dated February 6, 2002 from Ted B. Edwards, Orange County Commissioner to Board Re: use of Orange County’s regulations in making a determination on the Portofino Rezoning Application. (cc: Board, Planning & Development/Administration, Planning)
32. Letter dated February 12, 2002 from Stanley Stevens to Board RE: McCulloch Road extension to the east and destruction of Econ Wilderness Area. (cc: Board, Planning & Development/Administration, Planning)
33. Copy of letter dated February 14, 2002 from James P. Berko, Seminole County Community Mental Health Center to Robert R. Morin, Jr., District 7 Florida Department of Children & Families with copy to Chairman RE: the children residing at the Seminole Children’s Village and submittal of the Pareto Study analyzing statewide costs for residential group care. (cc: Board)
34. Copy of Letter dated February 14, 2002 to D. Ray Eubanks, Planning Manager, Florida Department of Community Affairs from Casselberry Mayor Thomas G. Walters RE: Small Scale Development Comprehensive Plan Amendment/City of Oviedo. (cc: Board, Planning & Development/Administration, Planning)
35. Copy of letter dated February 14, 2002 to Board from Lane Rees, Walton County Board of County Commissioners Chairman RE: Walton County resolution exempting the county from permitting paving of certain roads and bridges. (cc: Board, Public Works Director, County Engineer)
36. Copy of letter dated February 15, 2002 to Charles E. Ball, III, Principal Engineer from Anthony Miller, Senior Regulatory Scientist and Ruth E. Grady, St. Johns Water Management District Department of Water Resources with copies to Michael Howe, Lotspeich & Associates and Meiying Gu, Earth Tech Consulting, Inc. RE: information needed for sufficiency for application for East Lake Boulevard Phase IIA. (cc: Board, DCM/Frank, Public Works Director)
37. Letter dated February 11, 2002 from Michelle R. Tamir to Planning & Zoning Commission in support of the rezoning for the Jewish Senior Village. (cc: Board, Planning & Development/Administration, Planning)
38. Notice of Public Hearing from the City of Oviedo RE: Proposed change of land use for U.S. Homes Corporation of approximately 305 acres on the east and west of Lockwood Blvd. and south side of CR 419 from rural and conservation to Low Density Residential. (cc: Board, County Manager, Planning & Development/Administration, Planning)
39. Memorandum to Annette Hatch, County Commission office from Fran Sullivan, Tourism Development RE: submitting approved Tourist Development Council meeting minutes into Public Records.
40. Email dated February 17, 2002 from King William Halikan to Chairman RE: support of the Jewish Senior Housing Village. (cc: Board, Planning & Development/Administration, Planning)
41. Email dated February 16, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
42. Email dated February 17, 2002 from petition@vote.com to Board RE: latest vote on the question “Should a gay voyeur cam website be forced out of a residential neighborhood?” (cc: County Manager, DCM/Frank, DCM/Sherman, County Attorney, Planning & Development/Administration)
43. Letter dated February 21, 2002 from Howard B. Lefkowitz to Chairman RE: presentation of additional information in support of Oakmonte Senior Housing. (cc: Board, County Manager, Planning & Development/Administration, Planning)
44. Copy of letter dated February 22, 2002, from Karen Marone, Compliance Agent of Seltzer Management Group to Diane Ledford, Seminole County Program Administrator RE: SHIP Management Review and Physical Inspection. (cc: Board, County Manager, Planning & Development/Administration, CDBG)
45. Copy of letter to V. Eugene Williford, III, City Manager, Oviedo dated February 20, 2002 from Frank Mazelin, W.K. Ratliff, Steve Gill with copies to various City and County elected officials and State Agencies and the Press as listed RE: Pending and Continuing Damage by the City of Oviedo to County property on Westminster Drive and Chapman Road. (cc: Board, County Manager, Planning & Development/Administration)
46. Letter dated February 22, 2002 from Diane Pickett Culpepper, Time Warner Cable to Chairman and Board with copies to County Manager and Cable Franchising Coordinator RE: new programming service. (cc: Board)
47. Contract for Services, as shown on page _________, between Seminole County and Vincent J. Bavaro, Rodney Fessler, Jennifer L. Bohannon, Jorge Fernandez, Kenneth Rowland, Jose A. Preez, Gerald F. Meter and Donna Jones.
48. Letter dated February 18, 2002 from Ann Breig to Chairman RE: accumulation of cards, notes, balloons, flower baskets, etc. for roadside memorial. (cc: Board, County Manager, Deputy County Managers, Traffic, Sheriff’s Office)
49. Letter dated February 19, 2002 from Dorothea G. Wert to Chairman with copies to Board re: roadside memorials. (cc: County Manager, Traffic, Sheriff’s Office)
50. Letter dated February 19, 2002 from Mike McDaniel, Growth Management Administrator, Department of Community Affairs to Chairman with copies to Matt West, Planning Manager and Sandra Glenn, ECFRPC RE: the Department’s Notice of Intent to find the plan in compliance. (cc: Board, County Manager, Deputy County Managers, Planning & Development/Administration)
51. Fax dated February 21, 2002 from Wendy Shiner to Board RE: withdrawal of opposition to Heald Manufactured Home permit. (cc: County Manager, Deputy County Managers, Planning & Development/Administration, Planning)
52. Letter dated February 17, 2002 from Carmen L. McLemore, Chairman Gulf County Board of County Commissioners to Board RE: revised building codes and their adverse effect on affordable housing and increased construction costs for coastal communities. (cc: County Manager, Deputy County Managers, Planning & Development/Administration, Building, CDBG)
Commissioner
Morris questioned Mr. Fisher if staff is going to report back to the Board in
the next month relating to the Board of Adjustment (BOA) appeal process.
Don
Fisher, Planning & Development Director, addressed the Board to state staff
is planning to brief each Board member prior to this going before the
Board. He stated the things that they
will be discussing are a comparison to other jurisdictions; hearing officers; a
list of items that the BOA and P&Z should or should not review; and should
certain items be reviewed solely by the BCC.
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Commissioner Henley stated he has been receiving some complaints about the condition of the K-Mart store plaza and he would like to know if staff has taken any action on those complaints.
Mr.
Fisher stated the County has hired Glatting Jackson to do the 17-92 design
guidelines and one of the master site examples is how the K-Mart shopping
center plaza can be improved. He stated
standards for sites that sit vacant and requiring them to maintain a certain
level of appearances will also be included.
Upon
inquiry by Commissioner Henley, Mr. Fisher advised the back of the store has
been an ongoing battle. He stated there
are a couple piles of dirt at the back of that store and staff is hoping that
it would be removed, but they are on private property.
Commissioner
Morris stated staff is trying to set a meeting with the owners of the building
as well.
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Commissioner Maloy stated at the last Lynx meeting, they hired M.B. Transportation to take over the A+ transit service. This will displace the three companies that are currently throughout the tri-county area. He stated they have experience in doing this throughout the country and they do have a good service record as well. The Lynx Board will also negotiate with the Federal Government because of the Medicaid rates being static since 1992. They sent notification that they would agree to the rates Lynx was requesting. Lynx will continue to be the service provider for medical transports that are federally funded.
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Commissioner
Henley asked if staff knew where they are on the bid process of the insurance
program.
Mr.
Grace stated the Board took the first step this morning by obtaining a
consultant to help staff to prepare an RFP so they can get it out as soon as
possible.
Upon
inquiry by Commissioner Henley, Mr. Grace advised the contract date ends at the
end of the calendar year.
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Commissioner McLain requested approval of his District 5 appointments.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to
appoint the following:
Lee Holt - Seminole County Industrial
Development Authority – 4-year term
Bill Shaffer, Karen Hart & Dr. Joseph
Vaughn III - Animal Control Board – 1-year term
Robbie Robertson & Lt. Rocky Ford - Parks
& Recreation Advisory Board – 1-year term
Miles McDonnell – Library Advisory Board –
2-year term
Etta Jane Keogh - Historical Commission –
2-year term
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
McLain advised that Commissioner Morris has indicated that he will be unable to
continue to serve on the Economic Development Commission of Mid-Florida. He stated the Board will relieve him of that
responsibility and Commissioner Henley has agreed to serve in his place. He said Commissioner Maloy has asked that he
be removed from the Wastewater Transmission Authority. He added Mr. Grace has informed him that a
staff person can vote on issues. The official
designee for that committee will be Commissioner Morris, but staff will attend
the meetings and vote on his behalf.
Mr.
Grace stated he feels it would be appropriate for Commissioner Morris to attend
the meetings when a vote is needed for issuing bonds, etc.
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Chairman McLain stated the County is at a point where they need to reaffirm their position on the SR 415/Volusia County issue. He stated he feels that an eastern loop connecting to the Beltway and an access to the Orlando/Sanford Airport is needed so that traffic can be relieved on I-4. He said Volusia County, Congressman Mica and the Chairman of the Expressway Authority supports this and they are willing to move forward with the potential funding from the Federal Government. He stated he would like the Board to send a good signal back to the MPO in order to get it moved up the line so they can start going for funding.
Commissioner
Van Der Weide stated Congressman Mica and Harry Barley will be scheduling a
meeting and hopefully Volusia County and Seminole County can initiate an
Interlocal Agreement.
Chairman
McLain stated the Secretary of FDOT is in support of this concept as well. He stated he feels it is important that this
be placed on the official funded list for the MPO and get it moved up as soon
as possible.
Commissioner
Morris recommended the Chairman send a letter to the MPO Chairman indicating
that this is an issue the Board would like to see moved forward. The Board voiced no objections to sending
the letter.
Mr.
Grace stated he received a legislative alert (received and filed) today from
the Florida Association of Counties regarding Medicaid Cost Shifts and
apparently it is making some progress.
He stated he would like to make phone calls as well as authorize the
Chairman to send a letter opposing same.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
authorize the Chairman to execute a letter, as shown on page _______, to the
Legislation opposing the Medicaid Cost Shift (HB 1975).
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace stated the Board authorized contributing $2,500 to the Yarborough Memorial at the last meeting and he is asking the Board to authorize transferring the funds out of the General Fund Reserve.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to
authorize Budget Change Request in the amount of $2,500 for the Yarborough
Memorial, to be taken out of the General Fund Reserve.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board recessed the meeting at 1:55 p.m., reconvening at 7:02 p.m., with all Commissioners (Commissioners Maloy and Morris entered late) and all other Officials who were present at the Opening Session.
REZONE FROM UC TO
PUD/CLOONFUSH
Continuation from November 13, 2001 and February 12, 2002 of a public hearing to consider rezoning from UC (University Community) to PUD (Planned Unit Development) and approve Development Order; property described as approximately 1.22 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; as described in the proof of publication, Cloonfush Properties/John Polasek.
Chairman McLain advised the applicant has withdrawn this request.
Chairman McLain went out of the order of the agenda to hear Item #55 public hearing first. He stated two of the Commissioners would be entering the meeting late tonight.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Administrative Small Scale Comprehensive Plan Amendment from Commercial to Suburban Estates; property located at the southeast corner of SR 46 and Longwood Markham Road, Seminole County, received and filed.
Cindy Matheny, Senior Planner, addressed the Board to state on October 9, 2001, the Board rezoned the southeast corner of the intersection to PUD for the Ryland Group. At that time, the Board indicated the Commercial land use should be eliminated, as it would be a benefit to the development trends of the area.
Commissioner Maloy entered the meeting at this time.
Ms. Matheny said that in addition, the Friends of the Wekiva and the Audubon Society indicated it would be beneficial to the environment by eliminating the Commercial land use. The owners of the property have agreed to the processing of this amendment. Staff recommends approval of the Suburban Estates land use with the following findings that the land use, as proposed, would be: (1) Consistent with Plan policies related to the Suburban Estates land use designation; (2) Consistent with the adjacent Low Density Residential and Suburban Estates land uses within the area; (3) Consistent with the policies and guidelines within the Wekiva River Protection Area; (4) An appropriate use at this location; and (5) Consistent with Plan policies identified at this time.
Ms. Matheny advised the Land Planning Agency/Planning & Zoning Commission voted 4 to 0 to recommend approval, subject to the staff comments and recommendations.
Commissioner Morris entered the meeting at this time.
Faith Jones, 763 Mallard Drive, speaking on behalf of Keith Schue in favor of the amendment, addressed the Board to read comments by Mr. Schue that the Central Florida Sierra Club is supportive of the amendment. She read that the amendment reduces the potential intensity of development on site by converting the property within the Wekiva Protection Area from Commercial to Suburban Estates land use. She continued that although the Sierra Club supports the land use change, they are requesting that the water fountain proposed at the northwest corner of the 2.5-acre site be eliminated. She read that a water fountain would become a hazardous attraction to wildlife, particularly bears. In the letter, Mr. Schue suggested the possibility of designing a landmark that announces the subdivision, without utilizing a water feature. Ms. Jones submitted the letter (received and filed) from Mr. Schue and information on the Seminole County Bear Road Kill Data (Through Year 2000).
No one else spoke in support or in opposition.
The Speaker Request Form for Ms. Jones was received and filed.
Chairman McLain stated he was happy to say that this parcel, which had been commercial for a long time, is being changed to a more appropriate use. He asked for a motion to support the staff recommendation.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve by adoption of Ordinance #2002-8, as shown on page _______, the Administrative Small Scale Comprehensive Plan Amendment from Commercial to Suburban Estates; property located at the southeast corner of SR 46 and Longwood Markham Road; as described in the proof of publication, Seminole County; with the staff recommendations.
Districts 1, 2, 3, 4, and 5 voted AYE.
Continuation from November 13, 2001 and February 12, 2002 of a public hearing to consider rezoning from UC (University Community) to PUD (Planned Unit Development) and approve Development Order; property described as 45.56 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; as described in the proof of publication, Portofino/Phillip Emmer.
Chairman McLain advised there would be no additional public comment, but discussion only by the Board.
Commissioner Maloy asked for staff’s assessment of the data they received since the public hearing on February 12, 2002.
Kathy Fall, Senior Planner, addressed the Board to state the staff has reviewed all the documentation submitted to the public record and their recommendation remains the same to approve the proposed rezoning.
Commissioner Maloy said the memorandum he received from Matt West, Planning Manager, states the information provided by Attorney Lonnie Groot was almost entirely conclusory without substantiating evidence, and the evidence was not germane to the application under review.
Matt West addressed the Board to state he stands by his statement in the memorandum.
Commissioner Morris stated there was significant testimony given at the last hearing regarding the transition of the area. The Board was able to see that over time, historically, a number of developmental lots in the immediate area were actually down zoned.
Planning and Development Director, Don Fisher, addressed the Board to state that was correct.
Upon inquiry by Commissioner Morris, Mr. Fisher also said at the time when HIP land use went into place, there wasn’t much development that occurred on McCulloch Road. His opinion is that the development trends in the area took place after the HIP land use was set, including apartments and a shopping center. He said University Estates in Orange County was a down zoning from what could have been on that property.
Commissioner Morris stated the issue is an individual may have a right to a rezoning, but there is the question of the timing of the rezoning also and which way the Board is transitioning. It stuck with him from the last meeting about what direction the area is going in and what was contemplated at the time when the rezoning was in place for UC, and over time what has occurred. This raises the issue of whether or not the timing is right for more intense development.
Commissioner Maloy asked Mr. Fisher to discuss the purpose of the Lot Size Compatibility Ordinance, and to give his analysis of the one to two homes per acre. Whereupon, Mr. Fisher explained the main point behind the ordinance was for determination of compatible zonings as a guideline. That was solely for the Low Density Residential land use. He said this is evidenced in the Comprehensive Plan. It is staff’s opinion that it is not appropriate to run a calculation for a piece of property with a HIP land use. He stated from a quick review of the calculations made, there are some questions about what methods were used and what weights were assigned to certain properties.
Commissioner Maloy stated he has apparently been criticized for meeting with the citizens and letting them know what he sees from his experiences as a Commissioner and knows of the law. He stated he has always had an open door policy and on this issue, he met with every resident, every person who e-mailed him, and everyone who ever contacted his office on this issue. He said he has always operated this way, and at no time did he ever state to either side that he would vote for or against this request. He does believe that government is created to protect life, freedom, and property. To him, the issue is if property is voluntarily downzoned from the existing parcel as high intensity uses, does that mean the vacant property can no longer be developed to the high intensities as was originally planned. If that were true, does that lead to an inverse condemnation issue and should the County compensate for that loss of value.
Commissioner Maloy said he reviewed all the information submitted, and, to him, some arguments against the rezoning were inappropriate. One of these was the nature preserve issue that would mean the property next door could not be developed to higher intensities. He said at no time has he ever heard or read that when property is preserved, the property next door loses any property value. He finds that argument troublesome. He looked closely at the HIP rules, particularly FLU 78 and it is clear to him that FLU 78(c) states that planned Medium Density Residential and High Density Residential developments are a use in the High Intensity Planned development HIP core transitional areas. He stated that is what the Board has been discussing. He also noted some of the special provisions under FLU 79 on compatibility, and there are some things that could be corrected on the project to make it more compatible. Some of the reasons staff felt this project was compatible was because of the size of the buffers, one being 350 feet to the east of the project. He said 350 feet is a substantial buffer and there is medium density next to medium density.
Commissioner Maloy stated he would agree with staff on a lot of the compatibility issues. He discussed the ratio of bedrooms to the unit, stating about 65% of the bedrooms are four-unit apartments. The previous project (Tivoli) had 10% of the bedrooms as four-unit apartments. He thinks this should be adjusted because the large amount of four bedrooms creeps into the high-density bracket. These type items address the concerns of compatibility and transition and will make this a lot better project. He thinks the ideas he is proposing will respect the property rights and will protect the neighborhood and be more compatible in the transitional element.
Motion by Commissioner Maloy to approve rezoning to PUD (Planned Unit Development) with staff recommendations, and approve Development Order, for property described as 45.56 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; as described in the proof of publication, and with additional conditions as follows: (1) Limit the number of bedrooms to 2.85 per unit, with no more than 10% of the units being four bedrooms and with no apartments to be greater than four bedrooms; (2) All buildings on the south side within 170 feet of the property line to be limited to two stories; (3) If feasible, at final master plan, the developer shall infill pedestrian linkages to the college; (4) Offer of one-half rent to a law enforcement officer (as proposed by Mr. Emmer) to provide an officer to be present on the property; (5) Review of plans for SCPTED criteria (standards for crime prevention through environmental designs); (6) Architectural style similar to nearby residential homes and final determination during final master plan review; (7) Limiting lighting to cut-off fixtures no higher than 16 feet; and (8) Bus, pedestrian, and bicycle features will be described at final master plan.
Commissioner Morris seconded the motion for discussion. He asked Commissioner Maloy how would the Board deal with the architectural style. Whereupon, Mr. Fisher responded that staff would look at the roofline, type of roofing materials, and architectural features such as windows.
Commissioner Maloy advised Commissioner Morris that he addressed the buffering on the south side of the project with transitioning, the stepping down of the buildings. He amended his motion to include that all balconies are internal and recessed, with no balconies pointing outward from the property.
Commissioner Morris accepted the amendment.
Under discussion, Commissioner Van Der Weide commented that the offer of half rent to a Deputy Sheriff does not guarantee he will be on the property. He explained the deputy’s work hours would be 12-hour shifts and he would be away from the site during that time. This is not like having a deputized security guard. He sees this as no help at all. He said he has a lot of problems with this project.
Commissioner Henley stated he read all the materials from both attorneys and he has driven over the subject area. He said it doesn’t take an “Einstein” to recognize, particularly when you review the colored map presented (received and filed) that Tivoli is on the Park Road; Northgate, and the commercial and everything east of that is single family with Carillon, Madison, and University. Therefore, you are “leap-frogging” the single-family residential to put the student housing apartments into the area. He said he doesn’t think the percentage that’s been offered makes it any more acceptable. To him, it’s a significant change to set the student housing in the area; particularly when he reads a part of the land use policy (copy received and filed) which states that “. . .the fact that a zoning classification is in the range of zoning classification allowed in a land use designation shall not mean or be construed that a particular zoning classification or uses within the zoning classification are a reasonable, foreseeable use for that property.” He doesn’t think, in view of the development trends in the area that this is appropriate use of the apartments, and across the street there is land preserved. He thinks it is sensible that the trends in the area are single family residential. That is why he has difficulty wanting to put in the apartments by “leap-frogging” the single family residential.
Commissioner Van Der Weide added that he doesn’t think this project is compatible and he doesn’t see how it could be.
Commissioner Maloy responded to Commissioner Henley that he would agree with him if this were Low Density Residential development and they were changing the land use. However, he said the land use is already there, and cattycornered to that, Orange County has approved 50,000 square feet of commercial. This gets back to the issue if the down zoning around it takes away the person’s property rights.
Commissioner Henley advised he was citing from the Protection of Private Property Rights Policy 12.5 and Future Land Use excerpts. He said the Board is not required to allow the project unless they feel the conditions are such that they blend in with the rest of the development, and he doesn’t think the student housing blends in with the single family residential.
District 1 voted AYE.
Commissioners Morris, Van Der Weide, Henley, and McLain voted NAY; whereby the motion failed for the lack of a majority vote.
County Attorney, Robert McMillan, advised the Board that another motion was needed.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to deny rezoning from UC (University Community) to PUD (Planned Unit Development) and deny approval of Development Order by Administrative Order as shown on page ________; property described as 45.56 acres located at the northwest corner of McCulloch Road and Old Lockwood Road; as described in the proof of publication, Portofino/Phillip Emmer; due to the change in the character of the neighborhood to single family residential and the request is incompatible with the development trends in the area.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Maloy voted NAY.
Copies of letters dated February 22, 2002 and February 25, 2002 to Mr. McMillan from Attorney Lonnie Groot were received and filed into the Record.
Chairman McLain recessed the meeting at 7:43 p.m. and reconvened at 7:54 p.m. with all Commissioners present.
APPEAL AGAINST BOARD OF
ADJUSTMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider the appeal against the Board of Adjustment in denying request to place a mobile home on property located on the west side of Brigham Loop, approximately ¼ mile north of Lake Harney Road at 1430 Brigham Loop, Geneva, received and filed.
Tony Matthews, Principal Planner, addressed the Board to present the request.
Commissioner Van Der Weide left the meeting at this time.
Mr. Matthews stated that after further review and analysis of the request, subsequent to the Board of Adjustment public hearing, staff does not recommend placement of a mobile home at this location with the following findings: (1) A mobile home at this location would be inconsistent with the trends of development between 1973 and 2000 toward conventionally built, single family residential homes; (2) The immediate area of Brigham Loop consists predominantly of conventionally built homes; (3) The subject area was zoned Single Family Residential (R-1AA) prior to the creation of the County’s Rural Area Plan in 1991; and (4) No new or additional information has been presented to warrant a change in staff’s recommendation.
Commissioner Van Der Weide reentered the meeting at this time.
Upon inquiry by Commissioner Maloy, Mr. Matthews explained that prior to the Rural Area Plan, the area was zoned R-1AA, which prohibited mobile homes. Under the A-5 zoning, mobile homes are a conditional use requiring Board of Adjustment (BOA) approval. He stated there are provisions for granting temporary or permanent status approvals by the BOA. The applicant has indicated his ultimate goal is to build a conventional home. He said staff would not object to a condition that the mobile home would be temporary, with the understanding that a conventional home would be placed on the property.
Commissioner Morris stated he had not talked with any of the residents or the applicant about this request. He said to him this is a straight zoning question.
Richard Heald, appellant, 932 Stafford Trail, addressed the Board to state he and his wife have been in this area for a little over 10 years. He showed a photograph (received and filed) of the manufactured home they purchased and lot from the side street. He reported that since the BOA meeting, they met with the homeowners’ association and he has a letter from an Association Board member, Wendy Shiner, (copy received and filed) in support of his request. He submitted a copy of the agreement (received and filed) he and his wife signed with the Homeowner’s Association agreeing to do whatever it takes to fit into the community. He also submitted pages from the Association’s regulations (received and filed) on mobile homes on the subject parcel. Mr. Heald advised Chairman McLain that he is meeting all the Association’s regulations and exceptions for mobile homes.
Upon inquiry by Commissioner Maloy about where the mobile home would be placed on the property, Mr. Heald referred to his diagram provided (copy received and filed) and advised that the mobile home would be 285 feet from the road frontage. He said he doesn’t have plans completed yet on building a home. He was looking at 10 years time to build the permanent home, but five years would not be out of the question. He further submitted pictures of manufactured homes (received and filed) recently put in the development and other pictures of the property.
Allen Steinbach, 1440 Brigham Loop, addressed the Board to state when he moved into the area, the realtor stated there would be no mobile homes there. He said all around him is nice, single family development and it seems they would want to keep it all the same. This project would be like putting an apartment building next to your house.
Jerri Steinbach, 1440 Brigham Loop, addressed the Board to state the property value decreasing is one of her main concerns. She said she and her husband purchased their property in early 1991 and at that time were told by the realtor, which was a big selling point, that there were no mobile homes allowed in the area. There were two mobile homes on the street and they were grandfathered in. Around the area are 2.5 acre pieces of property that have mobile homes and several outside Lake Harney Estates. Their street is one of the few that have vacant property and they want to see the growth continue to the trend of single family residential.
Laura Neudorffer, 1449 Brigham Loop, addressed the Board to state they just purchased their house last summer and were under the assumption also that the trailers there were grandfathered in and there would be no more mobile homes. She was informed that it does affect the property value and she doesn’t want the mobile home to affect the value of their home. They have remodeling projects they are planning to do and don’t want the mobile home to affect the appraisal value. She said she doesn’t have an objection if Mr. Heald is planning to build a home. She reported at the last meeting of the homeowners’ association, they said they could neither speak for or against Mr. Heald and were completely neutral.
Mr. Heald stated there seems to be a little miscalculation of the number of mobile homes on his street. He showed on the map (received and filed) that there are actually four. He also showed a picture of the mobile home that was opposed three years ago.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Morris stated he has sympathy for Mr. Heald, but he made his own economic decisions before having approval from the Board. Both the County staff and Board of Adjustment have reviewed this in terms of the time line of over two decades of transitioning in the opposite direction. His motion is no reflection on mobile homes in general, but deals with the fact that when you can have single-family structured homes vs. single-family mobile homes, the Board consistently has difficulty with continuing extensions and he doesn’t recall the Board ever having stopped extending them. He said this neighborhood is clearly going in the opposite direction with larger, more expensive homes, and retrofitted homes.
Motion by Commissioner Morris to deny, by means of an Administrative Order, the appeal against the Board of Adjustment in denying a request to place a mobile home on property located on the west side of Brigham Loop, approximately ¼ mile north of Lake Harney Road at 1430 Brigham Loop, Geneva; as described in the proof of publication, Richard Heald, based on staff findings and recommendations; uphold the Board of Adjustment’s decision, and whatever application fee paid for the appeal should be returned to the applicant.
Chairman McLain called for a second to the motion without response; whereupon the motion died for the lack of a second.
Commissioner Henley stated he did not support the motion because they hear constantly of the American dream and part of that is home ownership. It doesn’t say conventional homes necessarily. He is afraid the Board has a prejudice or bias against mobile homes. He thinks five and ten-acre plots are appropriate for them. Unfortunately, many people in the county and America can’t afford a conventional home. Their desire for home ownership could be met in a mobile home, and they are well built. He said they might be relegating a certain element of the society to be lifetime renters if they can’t seem to find a place where mobile homes are appropriate. He has to weigh property values impact vs. home ownership. It concerns him that if there is not more latitude to help some of the people become homeowners, their position could be lifetime renters.
Commissioner Morris stated he did not say anything is wrong with mobile homes. He agrees with homeownership. The situation here is an 880 square foot residential dwelling unit. That is not compatible with the Brigham Loop neighborhood, and it does bring down property values on comparables and compatibles.
Upon inquiry by Chairman McLain, Mr. Matthews stated there are no minimum sizes for homes in A-5 zoning.
Chairman McLain stated his position is that when you move into a rural area without a homeowners’ association and deed restrictions and have five or ten acres, who is the Board to say a person can’t buy a $50,000 or $60,000 manufactured home and place it on that property because that’s what they can afford, and not be in a position to have to go out and spend $125,000 to $200,000 to build a single-family conventional home. If you live in a rural area and don’t want to have that type lifestyle next to you, that should be considered when you buy the property and you should live in a community that has the restrictions to keep that element out. He said this is a rural, agricultural area. A lot of citizens in this area cannot afford to build a $200,000 home. He questions the Board making the social decisions on what type of home a person can have if they are approved in the State of Florida.
Motion by Commissioner Van Der Weide to overturn the Board of Adjustment, thereby, granting the appeal against the Board of Adjustment in denying the request to place a mobile home on property located on the west side of Brigham Loop, approximately ¼ mile north of Lake Harney Road at 1430 Brigham Loop, Geneva; as described in the proof of publication, Richard Heald.
Under discussion of the time limit, Commissioner Van Der Weide stated he thinks six years is more reasonable than ten years. Therefore, he included in the motion that the approval is for six years.
Commissioner Henley seconded the motion.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Morris voted NAY.
ADMINISTRATIVE LARGE SCALE
COMPREHENSIVE
Proof of publication, as shown on page _______, calling for a public hearing to consider Administrative Large Scale Comprehensive Plan Amendment from Public-Quasi Public and Conservation to Recreation; property located north of SR 46 approximately one mile east of the Seminole-Lake County line, Seminole County, received and filed.
Craig Shadrix, Planner, addressed the Board to request a continuance until March 26, 2002, to allow staff to more precisely insure the Board’s intent for this plan amendment.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to March 26, 2002, request to consider the Administrative Large Scale Comprehensive Plan Amendment from Public-Quasi Public and Conservation to Recreation; property located north of SR 46 approximately one mile east of the Seminole-Lake County line; as described in the proof of publication, Seminole County.
Under discussion, Commissioner Henley stated he understands that the Yankee Lake issue has still not been resolved and could still be used for utilities if necessary.
Chairman McLain advised Commissioner Morris that staff wants to address concerns about the surface water treatment plant and how this amendment would affect that.
No one spoke in support or in opposition.
Districts 1, 2, 3, 4, and 5 voted AYE.
Bob Bugnacki, Orange Boulevard, addressed the Board to ask with all the development going on, is there any way to get the developer to contribute funds to have extra Sheriff deputies patrol these people.
Commissioner Morris explained that for a County of this size population, Seminole County has a very efficient law enforcement force and the Board has met every request the Sheriff has made for additional officers.
Mr. Grace said the Board could not add on an additional law enforcement impact fee through operations; however, the Board could consider this for capital costs.
Commissioner Henley commented that the number of Deputy Sheriffs hired over the years is quite impressive, as was pointed out by Chairman McLain in his State of the County address.
Chairman McLain stated he has explained to Mr. Bugnacki that any time a development or homeowners’ association wanted to hire a deputy and charge an assessment to the members, they have that right. He said he has concern for applying an additional tax to the property owner, that would only be a tax to new people coming in, to provide public safety. He questions the fairness of that.
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Commissioner Maloy stated regarding the HIP
land use (Item #53), he would like to see staff look at either a small area
study or see if the land use could be changed to a lower density. During the public hearing, the residents to
the north were in opposition to the apartments although they were on HIP land
use. From their comments, they might
voluntarily wish to change that to low density residential.
Chairman McLain suggested holding a meeting with the staff and the property owners to get their comments and opinions on any future land use change.
Mr. Fisher said he thinks the best way would be to have a community meeting on the HIP land use in that quadrant with the property owners and those in the surrounding areas.
Chairman McLain asked Mr. Fisher to coordinate a community meeting with Commissioner Maloy on this subject.
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Commissioner Van Der Weide stated with the
transportation issues becoming more apparent every day, he would like to have
more restrictions on multi-family development; and to get an inventory of the
potential multiple family developments that could be in the County and see if
there is some way to slow down this process.
Mr. Grace stated staff is already doing some analysis on this. He said Commissioner Morris brought it up a couple meetings ago about doing an analysis. He is planning to bring this back at the second meeting in March. Whereupon, Commissioner Morris said he would not be present for that meeting. Therefore, Commissioner Van Der Weide said this could wait till April.
Mr. Grace distributed copies of the proposed Resolution regarding Mr. Bud Layer.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2002-R-26, as shown on page _______, petitioning the Seminole County School Board to name an educational facility in honor of Mr. Bud Layer.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Mr. Grace also distributed copies of his recommended Board policy regarding the County Manager’s budget authority on capital items for the Board’s consideration. He advised he currently has no capital budgetary authority to transfer amounts.
Motion by Commissioner Henley, seconded by Commissioner Morris, to approve the recommended Board policy authorizing the County Manager capital budgetary authority to transfer up to $15,000 within a departmental budget. Transfers larger than this amount, interdepartmental transfers, and transfers involving reserve accounts will continue to require approval by the Board of County Commissioners. The County Manager will provide a quarterly report to the Board outlining the capital budget transfers that were approved under this authority.
Under discussion, Commission Henley stated he thinks the suggested policy is appropriate; and with the way inflation has been over the past several years, he thinks $15,000 is appropriate.
Districts 1, 2, 3, 4 and 5 voted AYE.
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There being no further business to come before the Board, the Chairman adjourned the meeting at 8:45 p.m., this same date.
ATTEST:_____________________ Clerk_____________________Chairman
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