BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
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, March 12, 2002, in Room 1028 of 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)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Commissioner Henley gave the Invocation.
Commissioner Van Der Weide led the Pledge
of Allegiance.
AWARDS
AND PRESENTATIONS
Motion by Commissioner Maloy,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution
#2002-R-16, as shown on page _______, proclaiming the month of March as
“American Red Cross Month”.
Districts
1, 3, 4, and 5 voted AYE.
Sherry
Parramore, Director of the Service Center, addressed the Board to accept the
resolution on behalf of the American Red Cross. She thanked the Board for their continued support.
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Motion
by Commissioner Henley, seconded by Commissioner Van
Der Weide, to adopt appropriate Resolution
#2002-R-27, as shown on page _______, proclaiming the month of March as
“Purchasing Month.”
Commissioner
Morris entered the meeting at this time.
Districts
1, 2, 3, 4, and 5 voted AYE.
Ray
Hooper, Purchasing Contracts Manager, along with other Purchasing employees,
addressed the Board to accept the Resolution.
Mr. Hooper expressed thanks to the Board for designating this month as
“Purchasing Month.” He advised his
office will host a Vendors Fair on March 27, 2002, to assist vendors in how to
do business with Seminole County.
PRESENTATION/SEMINOLE COUNTY YOUTH COMMISSION
Wayne
Weinberg addressed the Board to express thanks for the Board’s endorsement and
support of the Seminole County Youth Commission. He gave special thanks to Commissioner Henley for guiding them
through the process of a youth commission.
Mr. Weinberg introduced Dr. Tim Giannoni, Chairman of the Board.
Dr.
Tim Giannoni addressed the Board to give an overview of the Youth Commission,
where they came from, where they are going, and what their focus is. He distributed copies of the presentation
information (copy received and filed) to the Board. He advised their mission is to strengthen the quality of life for
youth in Seminole County. He reviewed
the current projects, covering the Web Page Development, Survey Project, and
Newsletter.
Commissioner Henley stated Dr. Giannoni and
Mr. Weinberg are providing excellent leadership, the potential is tremendous,
and he appreciates their efforts. He
said the Board is always bombarded, especially at budget time, with requests
for funding. He thinks this Youth Commission
is going to provide valuable information and feedback on services to the Board.
Commissioner Morris stated he thinks this
program is excellent. The Board has
made a dramatic effort to emphasize youth services. He discussed with Dr. Giannoni who the client is, and said he may
want to emphasize youth more on the web page in terms of them being able to
access information.
Upon inquiry by Commissioner Morris, Dr.
Giannoni stated they are attempting to target 12 to 18-year olds.
Commissioner Morris asked Mr. Weinberg to
readdress the Board. He stated Mr.
Weinberg was appointed recently as Corporate Chairman for a Boy Scouts function
coming up this week. Mr. Weinberg
explained the Boy Scouts Eagle Dinner is to raise money for scouting that would
stay in Seminole County. He said the
annual dinner this year is at Timacuan and starts at 6:00 p.m.
Chairman McLain advised he would be in
Tallahassee later this week; otherwise, he would attend the dinner.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve and authorize the following:
4. Oviedo and
Seminole County v. Winter Springs -
Authorize waiver of the requirement of the Interlocal Agreement on
Mediation and Intergovernmental Coordination for an Elected Officials
Settlement Conference.
Property Acquisition
5. Darrell Leidigh
& Bettye Leidigh/Mohawk Canoe property - Approve and execute Purchase Agreement, as shown on page _______,
relating to Parcel Numbers 137/737/837 of the County Road 427, Phase III road
improvement project, located on the east side of County Road 427 Longwood, in
the amount of $29,455.00, inclusive of land, improvements, severance damages,
business damages, interest and all attorney’s fees or costs. Property will be conveyed by Special
Warranty Deed and Temporary Construction Easement, as shown on page _______.
6. Authorize Binding
Written Offers/Offers of Judgment on the following Wymore Road road improvement
project parcels: Parcel Numbers 121, 121A/721A/821A, 122/722, 123, 124,
125/725A/725B; 126, 127, 128, 129/729/829A/829B, 130/730A/730B/830A/830B;
131/731A/731B/831A/831B; and 133/733A/733B/833.
7. Authorize Binding
Written Offers/Offers of Judgment on the following Lake Emma Road road improvement
project parcels: Parcel Numbers 132 and 133.
Chairman McLain advised he has received a memorandum from Jim Lowe, Black Hammock Association, expressing appreciation of the Board’s action on Item #4.
Districts 1, 2, 3, 4, and 5 voted AYE.
Deputy County Attorney Stephen Lee and DCM
Sally Sherman addressed the Board to present the Legislative Update. Mr. Lee stated the Medicaid cost shifting
has been the subject of a lot of activity recently. He discussed the recent actions and said late last week the bill
was temporarily passed in the House, but it is not clear yet what is going
on. He reported on his trip to
Tallahassee where he advised each member of the House of the County’s position
on the Medicaid cost shifts. He said
all the County Representatives voted against the amendment that would have
deleted the cost shifts. He said the
Board, in talking with some of the Representatives, might want to make it known
to them they are aware of how they voted on the issue. Mr. Lee discussed the copy of the email
received regarding billboards. He said
last year, language was added to a transportation bill that would have required
compensation for billboards and addressed amortization and acquiring property
with a billboard on it. The Board
expressed opposition to this and wrote a letter to the Governor, and he did, in
fact, veto the bill. However, that
language has now been added to a House Bill this year. Mr. Lee said it is probably going to
pass. He asked if the Board wishes
staff to advise the Senators of their opposition to the language and urge them
not to amend any bill that includes the language.
Commissioner Morris stated the Senate rules
are more liberal than the House rules in terms of what they are capable of
doing with respect to amendments. He
anticipates they will probably see the Senate have such a bill later in the
session. He discussed that the issue is
not the billboards, but it is amortization, which goes to home rule.
Commissioner Van Der Weide stated he
doesn’t see any reason for the Board to change their minds. He also thinks this is a home rule
issue. He can’t say he disagrees with
the industry looking for compensation, but the fact is that the State is
involved and this is really an issue of home rule. The Board sent a letter of protest the last time, and he doesn’t
see any reason not to do at least the same this time.
Commissioner Maloy said he objects. He said he appreciates the aspect of the
home rule, but to him property rights have a bigger role. He said this industry is asking to be
compensated for the removal of their private property. He is not opposed to the principles they’re
asking for.
Commissioner Morris said he doesn’t
disagree with Commissioner Maloy on the compensation factor, but the problem
with last year’s bill was that it went far beyond just compensation. He said the home rule aspect becomes
dangerous when the State starts stepping in because that means the State is
then setting local standards.
Commissioner Henley stated he definitely
thinks the Board needs to protest what is going on, because it is not only a
question of home rule; but the amortization process was found constitutional as
a way of compensation, and the other way would be a tremendous impact on the
taxpayers to try to correct past mistakes.
Chairman McLain advised Mr. Grace there is
a consensus of the Board to move forward with a letter and give special
emphasis on the home rule aspect of the billboard bill.
DCM Sherman advised that since February,
the staff’s efforts have not ceased from working with the legislators. They are continuously sending them letters
regarding the Commission’s position.
This week Chairman McLain and DCM Frank will be attending a meeting in
Tallahassee sponsored by the Seminole/Lake Mary Chamber of Commerce, and they
will continue to wage the County’s position on these legislative items.
Commissioner Maloy stated the Board might
want to monitor and take a stand on legislation regarding expanding card rooms
and gambling at pari-mutuel facilities.
He said if this is moving forward, he thinks the Board needs to know
about it.
Chairman McLain asked staff to make note of
that.
Upon inquiry by Commissioner Van Der Weide,
Mr. McMillan stated the Board did an amendment to the Charter that prohibited
any gambling so there is some level of protection.
Commissioner Van Der Weide added he thinks
home rule should be followed as much as possible on the billboards and gaming
industry. He explained his concern with
an industry that has enough money to spend on a lobbyist and is successful in
getting legislation passed to protect that industry.
Upon inquiry by Commissioner Morris, Mr.
Lee advised a letter was sent from the Board to the Legislative Delegation in
opposition to the proposed tax reform bill.
Mr. Grace stated a copy of that letter would be provided to Commissioner
Morris.
Commissioner Morris stated this might be the
time for the Board to let Senators Constantine, Dyer, and Cowin know they stand
behind them for taking the stand on the tax reform bill. Chairman McLain agreed.
Commissioner Henley discussed Item #24,
Award RFP-4142-01/JVP, Transport Capable Units (Ambulances) to Medtec Ambulance
of Goshon, IN ($1,117.999.98). He said
he is concerned that there was only one company that could meet the specs and
there were only two bids. He said with
the budget situation as it is, the projects they must deal with, and realizing
how much they struggled last year to give a decent raise to the firefighters,
it might be time to take a look at the specs.
Fire Chief Terry Schenk addressed the Board
to state two of the units are a carryover from last year, and he asked the
Board not to delay taking action. He
said they now have units that are 11 years old. He explained that they cross train on the units to serve on the
fire and medical sides to get the most for their money. They are really sold on the concept of
having a pump and tank and that is what increases the cost.
Upon inquiry by Commissioner Morris, Mr.
Ray Hooper, Purchasing Contracts Manager, addressed the Board to state money is
returned from the units declared surplus.
Mr. Schenk explained that there are less
expensive units but they must be replaced in three to five years, whereas the
units being used now are being replaced in an 11-year period. Discussion continued with Commissioner
Henley.
Commissioner Morris left the meeting at
this time.
Commissioner Maloy said he thinks the
mission has changed and the Board should look at a mixture of ambulances. He suggested that some of the money saved on
the costs for ambulances could be used for first aid units for code
enforcement. He stated he is not
opposed to the Board looking at this to see what the options are.
Commissioner Van Der Weide stated he is
interested to know what the other agencies in Central Florida are utilizing and
how Seminole County compares. If the
Board is going to make these kind of decisions, he would like to have more
background comparisons and more information.
Chairman McLain advised the Board would
postpone taking action on this item until the next meeting to get more
information from staff; therefore, Item #24 was pulled from the agenda.
Commissioner Henley suggested Mr. Hooper
contact Volusia County and the City of Apopka, and get data on what has
happened to the units declared surplus by Seminole County.
Commissioner Morris reentered the meeting
at this time.
Upon inquiry by Commissioner Maloy, Colleen
Rotella, Planning, advised the deadline was extended for the Florida
Communities Trust grants (Item #29).
Ms. Rotella further advised Commissioner
Maloy that Item #13, BCR #02-55 for $599,820, is a transfer of funds for
Hiley’s Fish Camp.
Commissioner Maloy inquired about correspondence
he received regarding the Hutchinson property.
Mr. Grace stated those issues were if the County would build an overlook
and if the trail was being redesigned.
Discussion ensued by Commissioner Morris on
the responses to the Markham Woods Homeowners Association on the trail and
overlook. Mr. Grace said he would pull
together the information on exactly what the Board did and provide that to each
Commissioner.
Commissioner Morris stated he’s concerned
about the follow-up and that this authorization does not cover it.
Ms. Rotella advised the overlook is covered
in the Trails program under the Public Works Department.
Chairman McLain explained that Item #13 is
regarding the master plan for the Hutchinson and Hiley properties.
Commissioner Morris said he doesn’t believe
the issue on access that the Markham Woods homeowners wanted has been
addressed. Whereupon, Chairman McLain
asked Mr. Grace to brief the Board on this.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve and authorize the following:
ENVIRONMENTAL
SERVICES
Solid
Waste
8. Approve and
authorize Chairman to execute the First Amendment, as shown on page _______, to
Solid Waste Franchise Agreement, Seminole County, Florida Residential
Collection Service between Seminole County and Sure Sanitation, Inc.; and
approve and authorize Chairman to execute the First Amendment, as shown on page
_______, to Solid Waste Franchise Agreement, Seminole County, Florida
Residential Collection Service between Seminole County and Disposall Inc. of
Orlando.
12. BCR #02-51 – $1,600 – Environmental Services – Solid Waste – Fund: 40201 – Solid Waste Fund. Accounting adjustment only. Furniture was budgeted as an operating expenditure. Furniture configuration results in joined pieces exceeding capital threshold. Request transfer of budgeted funds to appropriate capital account line.
13. BCR #02-55 – $599,820 – Planning & Development – Administration – Fund: 31100 – Environmental Lands fund. Capital redesignation only. This action transfers funds from the Natural Lands Program into the appropriate account line and CIP numbers for the construction phase of these projects.
14. Budget Amendment Resolution #2002-R-29, as shown on page _______, $75,000 – Planning & Development: 10102 – Mass Transit Fund. Funding for mass transit or park and ride facilities pursuant to a Mass Transit and Ride Share agreement with MSH of Heathrow. Funds are to be used solely for mass transit or park and ride facilities within Heathrow, or within two miles of the Heathrow DRI. This request establishes the appropriate revenue and expenditure budgets.
15. Accept and authorize the Chairman to execute Certificate of
Completion, as shown on page _______, for FC-187-99/BJC – Reservoir Lake
Outfall Canal Relocation - Airport Blvd. Phase III, with Masci Corporation,
Harbor Oaks.
16. Accept and authorize the Chairman to execute Certificate of
Completion, as shown on page _______, for FC-1122-00/BJC, Dike Road Force Main
and Greenwood Lakes/Country Club Water Main Interconnect, with Masci
Construction, Harbor Oaks.
17. Accept and authorize the Chairman to execute Certificate of
Completion, as shown on page _______, for FC-1133-00/BJC, Old Lockwood Road
Phase II with Southland Construction, Apopka.
18. Accept
and authorize the Chairman to execute Certificate of Completion, as shown on
page _______, for FC-1154-01/BJC, Renovation, Seminole County Building
Department and Planning and Zoning Department with Elizabethan Construction
Services, Inc., Longwood.
19. Approve ranking
list for PS-5109-01/BJC – Professional Engineering Services for Preliminary
Engineering and Final Design Services for Lake Emma Road (from Lake Mary
Boulevard to Sand Pond Road), authorize staff to negotiate and award a Master
Agreement, as shown on page _______, to Metric Engineering, Inc., Winter Park
(Not-to-Exceed $500,000.00).
20. Award
RFP-4140-01/BJC, as shown on page _______, Courier Services for Library and
Leisure Services Department, to Coastal Carrier, Inc., Winter Park
(Not-to-Exceed $40,380.00 for the initial year and $85,670.21 for years 2 and
3).
21. Approve
Amendment #1, as shown on page _______, to RFP-498-00/BJC - Right-of-Way
Acquisition Services for County Road 46-A, Phase III, with P.A.R.A.R.A.
Services, Inc., Deland (Time Extension and revised Scope of Services).
22. Approve
Amendment #1, as shown on page _______, to RFP-4101-00/BJC - Right-of-Way
Acquisition Services for Lake Emma Road, with P.A.R.A.R.A. Services, Inc.,
Deland (Change to Scope of Services).
23. Award
RFP-4143-01/GG, as shown on page _______, Records Retention Services, to Iron
Mountain Information Management, Inc., Tampa (Not-to-Exceed $90,000.00 per
year) ($450,000.00 for five (5) years).
25. Approve Second
Renewal of A/B-385/JVP, Street, Driveway, Sidewalk, Curb & Gutter Repair;
to Central Florida Environmental, Longwood (Primary Contractor) and P.L.A.N.
Estimating Services Inc., Palm Coast (Secondary Contractor) ($237,825.00).
29. Approve and
authorize Chairman to execute Conceptual Approval and Confidentiality
Agreements, as shown on page _______, with the Florida Communities Trust for
matching grants to acquire the Clifton Springs and Pineloch properties.
30. Approve and
authorize an Amendment, as shown on page _______, to the 2000-2001 One-Year
Action Plan of the County’s Consolidated Plan to add a relocation activity for
former tenants on Southwest Road in Sanford.
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk’s
Consent Agenda
Motion by Commissioner Van Der
Weide, seconded by Commissioner Maloy, to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated February 19 and 26, 2002; and Payroll Approval List, as shown on page _______, dated February 14, 2002.
2. Chairman
to execute Satisfactions of Judgment for Application ($40 each) of Indigency
Fees for the following:
Marvin Keith Evans, Jr., #00-3708-CFA
Frank Donald DeGeorge, #01-978-CFA
Edward Earl Knight, #99-247-CFA
Leslie Shannon Stone, #99-4550-CFA
Leslie Shannon Stone, #99-4547-CFA
Leslie Shannon Stone, #99-4548-CFA
Leslie Shannon Stone, #99-4549-CFA
Nicholas Jon Otteson, #01-2475-CFA
Seneca Lindgard, #01-783-CFA
Billy Gilchrist, Jr., #01-657-CFB
Jonathan Matthew Myatt, #01-1300-CFA
Adam Bradford Linch, #01-2033-CFA
Lonnie Terrell Raines, #99-3804-CFA
Elias Vazquez, #01-2539-CFC
Richard Brownin Pedigree, #00-1821-CFA
Greg Anderson Megow, #00-1256-CFA
Ira Lee Bradley, #01-739-CFA
3. Chairman
to execute Satisfaction of Judgment for Court Cost for John Kennedy Scott,
#00-1046-CFA - $328.
4. Chairman to execute Satisfactions of Judgment
for Bail Bond Liens for the following:
David Scott Enck and Accredited
Surety & Casualty, #01-7544-MMA - $538
Jeremy Kunkle and American Surety
Company, #01-1356-CFA - $2,038
5. Approval of BCC Official Minutes dated
February 12, 2002.
Districts 1, 2, 3, 4,
and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received and filed”:
1. Customer
Agreement, as shown on page _______, for Reclaimed Water Rates for HIBC
Development Company.
2. Notice, as shown on page _______, of Satisfaction of Connection Fees relating to Conditional Utility Agreements for Aloma Woods Phase V-CFG Real Estate Group, Inc.
3. Amended Letter of Credit #P100445, as shown on page _______, for McNeil II, Inc. in the amount of $13,405.
4. Verification Certificate, as shown on page _______, for Bond #6023807 in the amount of $518,883.64 for Chase Townhomes Phase I.
5. Verification Certificate, as shown on page _______, for Bond #6023808 in the amount of $257,835.38 for Chase Townhomes Phase II.
6. Seventh Amendment, as shown on page _______, to Agreement, PS-505-97, with Harding Lawson Associates.
7. Warranty Deed, as shown on page _______, dated December 26, 2001 for Lake Emma Road - Ann Takvorian.
8. Title Policy #FA-35-692207, as shown on page _______, dated September 26, 2001, for Bunnel Road.
9. Special Warranty Deeds, as shown on page _______, dated November 9, 2001, for CR 46A, Phase II, between Harold G. Hartsock (Estate of Viola H. Kastner) and Seminole County.
10. Title Policies #FA-35-692205, as shown on page _______, dated November 19, 2001; #FA-35-692208, as shown on page _______, dated November 9, 2001; and #FA-35-692206, as shown on page _______, dated December 27, 2001, for Wymore Road; and Warranty Deed, as shown on page _______, dated November 19, 2001, between Duke Wayne Alexander, Jean Jones Alexander and Seminole County for Wymore Road.
11. Change Order #2, as shown on page _______, to FC-1151-01, Cathcart Contracting Co.
12. Title Opinion, as shown on page _______, for Ridge Pointe Cove Subdivision.
13. Warranty Deed, as shown on page _______, for Highway 46A, Phase III, between Freeman E. Baggett, Rita Daniels Baggett and Seminole County.
14. Temporary Construction Easement, as shown on page _______, for Highway 46A, Phase III, between Albert and Evelyn H. Antar and Seminole County.
15. First Amendment, as shown on page _______, to Work Order #1 to PS-586-01 with SCS Engineers.
16. Consultant Services Agreement M-302-02, as shown on page _______, with Facilities Management Consulting, Inc.
17. Consultant Services Agreement M-303-02, as shown on page _______, with Bowyer-Singleton and Associates, Inc.
18. Change Order #2, as shown on page _______, to FC-1133-00 with Southland Construction, Inc.
19. Work Orders #8 and #9, as shown on page _______, to PS-590-01 with Metric Engineering, Inc. and Inwood Consulting Engineers.
20. Special Olympics Florida, Inc. Agreement, as shown on page _______, approved by the BCC on October 9, 2001.
21. Sixteenth Amendment, as shown on page _______, to Custodial Services Agreement, RFP-413-97, with A1A Cleaning Services, Inc.
22. Work Order #2, as shown on page _______, to PS-569-00 with Metric Engineering, Inc.
23. Work Orders #26 and #27, as shown on page _______, to PS-556-00 with DCR Engineering Services, Inc.
24. Change Order #2, as shown on page _______, to FC-1160-00 with Westbrook Services Corp.
25. Audit for FY October 2000 to September 2001 for the Seminole County Bar Association Legal Aid Society, Inc.
26. The Salvation Army Family Focus Program Agreement, as shown on page _______, as approved by the BCC on October 9, 2001.
27. Resolution 2001-R-139, as shown on page _______, regarding implementation of the Wekiva Global Compliance Agreement as approved by the BCC on August 14, 2001.
28. Bids as follows: RFP-4138-01; RFP-4139-01; RFP-4135-01; PS-5107-01; IFB-278-02; and RFP-4144-02.
Sheriff Eslinger addressed the Board in
support of Item #44, HVAC Replacement Project at the John E. Polk Correctional
Facility, to state this is a necessary item for the well being of the facility.
Upon
inquiry by Chairman McLain, Cindy Hall, Fiscal Services Director, addressed the
Board to advise how the replacement project would be funded. She said the project would take place over
two years, and about $1 million of the project is funded in the two-year
budget. Based on the cash flow, staff
must arrange for about $1.2 million in funding. She explained staff will come back to the Board with a plan for
funding the project.
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
43. Authorize
expenditure in the amount of $14,000 from the Law Enforcement Trust Fund to
provide funds for an alcohol and drug free celebration for Seminole County High
Schools on graduation night.
44. Authorize the Sheriff’s Office to finalize the
proposed HVAC improvement (replacement) project at the John E. Polk
Correctional Facility with Florida Power and Light and arrange project
financing not to exceed five years.
Districts 1, 2, 3, 4,
and 5 voted AYE.
DCM Sally Sherman stated staff is seeking
direction for the proposed Conference/Convention Center within the City of
Sanford. She reviewed the history, the
proposed project schedule, conceptual project funding options, and the draft
Interlocal Agreement with the City of Sanford (all received and filed).
Chairman
McLain advised that last night the Sanford City Commission unanimously approved
the initial Interlocal Agreement. He
clarified with Ms. Sherman that before the Board involve themselves and spend
the staff time and money pursuing this, the initial Agreement with the City of
Sanford states the City will provide the land for the site at no cost to the
County; they would assume full ownership of the facilities; and they would
assume any shortfall in operating costs, so the County would not be involved in
any operating costs for the facility.
Once the Board agrees with the City in the formal Interlocal Agreement,
the plan is for the County staff to move forward with developing an interlocal
agreement to deal with size and the other issues. Ms. Sherman added there is a provision in the interlocal
agreement that if the two entities are unable to reach agreement, they both
have the option to opt out.
Tony
VanDerworp, Sanford City Manager, addressed the Board to thank them for
bringing this issue back up and keeping the project moving. He said the City views the Interlocal they
approved last evening as a means for them to move forward. They would like to have a hotel with this
project, and that will allow them to go out and solicit hoteliers with the
agreement with the County as backup.
Chairman
McLain advised Mr. VanDerworp that the timeline is very aggressive and they
might not be able to keep it. He
doesn’t want him to feel the schedule in something set in stone.
Commissioner
Morris asked where did ownership by the City come in; he thought this was an
operational facility, but not one of ownership by the City. Whereupon, Ms. Sherman clarified that is
correct. She said the aspect of
operation has not been defined yet.
Chairman McLain stated he understood that some Commission members did
not want the County to own it, and he thought that might be something added to
the interlocal agreement in the future.
Commissioner
Morris discussed the schedule with Ms. Sherman. He said he has some concerns that the City had some concerns with
the interlocal on what they were approving as to the control of design. He questioned when did the Board approve ZHA
as the owner’s representative.
Mr.
Grace advised the County has a master contract and a work order with ZHA to
serve as the County’s owner’s representative, but the Board does not have to do
that.
Commissioner
Morris suggested a work session to sit and talk with the staff and look at the
size and scale, and then they would know where they are going with the
agreement with the City. He said the
Board never discussed either Option 1 or 2 proposed.
Chairman
McLain stated he would like to see the Board memorialize the agreement with Sanford
and lock them into the stipulations proposed.
Whereupon, Commissioner Morris stated he is asking for a work session in
April to discuss what they are talking about, as it is still conceptually
vague. He said he would like to know
what they are building and the source of revenues, because the funding under
Options 1 and 2 have not been totally discussed by the Board.
Mr.
Grace stated staff was trying today to start discussion with the Board on the
timeline and the options. It was not
the intent to ask the Board to approve Option 1 or 2, but get some
direction/ideas from them so staff can react to that. He said staff can hold a work session as Commissioner Morris
requested.
Commissioner
Van Der Weide stated he thinks there is a commitment from the Board to move on
with the project, and he doesn’t see that in jeopardy.
Chairman McLain stated he has no
problem with holding a work session or developing the draft Interlocal
Agreement with details they want, but he is very concerned about them continuing
to work on this and move forward without some type of agreement with
Sanford. He explained that the County
has nothing that guarantees the commitments from the City of Sanford. Discussion continued with the Board.
Commissioner Henley stated he agrees
with Commissioner Morris. He is not at
the stage of wanting to buy into all of this until they sit and have a
discussion. He said he had a briefing
with Mr. Grace, but he has not had the benefit of input from the other
Commissioners on this. That’s where the
work session has value. He was thinking
they would have a work session on what this project is going to be able to
do.
Chairman McLain stated he wants to know if
the Board is committed to moving forward with the project or not. If so, then he wants to get the commitment
from Sanford, so the Board can be comfortable that what they are moving forward
on is on solid ground.
Commissioner Morris reiterated his
position. He said the Board cannot make
these kinds of decisions without having a serious discussion in the work
session process.
Upon inquiry by Chairman McLain, Mr. Grace
said he doesn’t believe the agreement ties the Board to the proposed
schedule. Ms. Sherman confirmed
that.
After further discussion, Commissioner
Morris stated he would not be voting today in favor of the draft agreement, and
he would really like to hold the work session.
Whereupon, Chairman McLain stated since the
consensus is not to vote today, they will drop this discussion now and
staff will get back with the Board on a work session to satisfy Commissioner
Morris’ concerns.
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Meloney
Lung, Support Services Manager, addressed the Board
to request
direction on the disposition of the Florida Power & Light Building. She reviewed the two options identified in
the staff report. She advised the Board
that on January 28, 2002, the Orlando-Sanford Airport Authority closed on the
property the County was considering for leasing. She stated the Florida Airport allows for a base lease at the
maximum of 30 years, so the lease term proposed has been changed to 30 years
with two 10-year renewals. The lease
amount would still be $1 a year.
Chairman McLain questioned if it is
also an option to tear down the building and they can assess the situation at
that time. Ms. Lung stated that is also
an option. Whereupon, Chairman McLain
said he thinks that is the most appropriate action.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide, to direct staff to demolish the Florida Power &
Light Building with the Board to assess the situation after that is done.
Under discussion, Ms. Lung advised
Commissioner Maloy that the estimated in-house cost would be $28,000 for
demolition and removal of debris.
Chairman McLain said the Board could
reassess their position after tearing down the building.
Commissioner Maloy asked Ms. Lung to show the cost value to the County on both options when this item comes back before the Board.
Under discussion of waving of the tipping
fees, Mr. Grace stated the Bond Counsel said the fees could be waived with the
understanding that this is a unique circumstance. Otherwise, the Board would have problems with the bond covenants
if this is done on a regular basis.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Chairman
McLain recessed the meeting at 11:01 a.m. and reconvened at 11:15 a.m.
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Kent
Cichon, Planning & Development, addressed the Board to request approval and
authorization for the Chairman
to execute the Casselberry Community Redevelopment Agency Resolution granting a
change in the term of the Agency from fifteen (15) years to twenty (20) years;
and a change in the membership of the Agency from five (5) members to seven (7)
members, three (3) of which to be nominated by the County. Mr. Cichon recognized representatives in
attendance from the City of Casselberry--Mayor Pronovost, City Manager Jack
Schluckebier, and Richard Wells, Director of the Community Development
Department.
Motion by Commissioner Henley, seconded by
Commissioner Van Der Weide, to approve and authorize the Chairman to execute
the Casselberry Community Redevelopment Agency Resolution #2002-R-33, as shown
on page _______, granting a change in the term of the Agency from fifteen (15)
years to twenty (20) years; and a change in the membership of the Agency from
five (5) members to seven (7) members, three (3) of which to be nominated by
the County.
Under discussion, Commissioner
Morris said he thinks it would be good at some time in the future to have
formal presentations by the Casselberry and Sanford CRA’s.
Districts 1, 2, 3, 4, and 5 voted
AYE.
Chairman McLain announced that the
presentation by the City of Casselberry will be moved up to be heard after Item
#48 on the morning’s agenda.
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Jerry McCollum, County Engineer,
addressed the Board to request approval and authorization for the Chairman to
execute the Contract for Sale and Purchase Agreement between Stanley D.
Kupiszewski, Jr., and Seminole County and the Contract for Sale and Purchase
Agreement between Northland Community Church, Inc., and Seminole County for the
purchase of property in conjunction with the Lake Drive Project.
Deputy County Attorney Steve Lee
distributed copies of the revised Contracts for Sale and Purchase Agreements
(received and filed) for Stanley D. Kupiszewski, Jr. and the Northland
Community Church, Inc.
Commissioner Morris thanked the
representatives from the Church and Mr. Kupiszewski for their efforts. He said there was a lot more to the problems
associated with working out an agreement with these two large property
owners. He thinks they now have a
comprehensive agreement that should not lead to any problems in the
future.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide, to approve and authorize the Chairman to execute
the Contract for Sale and Purchase Agreement, as shown on page _______, between
Stanley D. Kupiszewski, Jr., and Seminole County and the Contract for Sale and
Purchase Agreement, as shown on page _______, between Northland Community
Church, Inc., and Seminole County for the purchase of property in conjunction
with the Lake Drive Project.
Districts 1, 2, 3, 4, and 5 voted
AYE.
Mr. McMillan asked the Board if, by
this action, they are saying staff can now go forward with acquisitions for the
Lake Drive Project.
Motion by Commissioner Morris, seconded by
Commissioner Henley, to rescind the previous action of the Board to hold on the
acquisition of property for the Lake Drive Project.
Districts 1, 2, 3, 4, and 5 voted AYE.
Mr. Grace advised there has been a request
to continue Item #55, Appeal of request by Cingular Wireless/Crown Castle
International, on tonight’s agenda. He
explained that due to a death in the family, the representative for Crown
Castle would not be able to attend the meeting, and he has requested a
continuance to April 23.
Commissioner
Maloy stated he had relayed back to the company that he was not opposed to the
continuance.
Mayor Bruce Pronovost, City of Casselberry, addressed the Board to state he thanks the County Commissioners for the support of the CRA they gave today and for the support they have given the City over the last several years. He discussed the Community Redevelopment Agency and their prime focus on the 17-92 Corridor. He discussed the redevelopment area around City Hall with efforts on land banking; redevelopment of commercial and residential projects; and redevelopment of the Dog Track property. He reported a study of the service areas of fire/rescue stations show a significant overlap in the coverage areas. It was determined they could improve the City fire/rescue services by changing the configuration of the two stations.
Mayor Pronovost discussed that the Federal Court recently affirmed their existing zoning scheme for adult entertainment establishments. He expressed thanks to the Sheriff and law enforcement team for enforcement of their codes. He also discussed the electric utility franchise within the City. He further discussed the one-cent sales tax and said the Board should be congratulated for the way they handled that last year. He said they will continue to work with the County and the State to improve the intersections at Highway 17-92 and SR 436 and at Red Bug Lake Road, SR 436 and Winter Park Drive. He also said the City will also continue to work with the County to help ensure adequate funding for the Lynx ADA transit services.
Chairman McLain expressed appreciation for Mayor Pronovost’s presentation. He said the County has always had a great relationship with the City and he sees that continuing in the future.
Commissioner Morris expressed thanks again to Chairman McLain for inviting the City representatives, and he thanked Mayor Pronovost for the cooperation with Casselberry. He discussed the County’s RFP on transit shelters and asked if Casselberry would consider joining the County on the RFP.
Chairman McLain suggested forwarding a copy of the RFP to Mayor Pronovost for the City’s review. Mayor Pronovost stated they would be interested in exploring those options.
Commissioner Maloy stated he mentioned this at CALNO last week and he sent each City Manager a copy of the RFP. He explained the Cities could opt in.
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Chairman McLain recessed the meeting at 11:35 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Carylon Cohen who was replaced by Deputy Clerk Sandy McCann who were present at the opening session.
Motion by Commissioner Morris, seconded by Commissioner Maloy 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.
CONSIDERATION OF BOA APPEAL,
Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal against the Board of Adjustment in denying a request for reinstatement of an existing mobile home on property located at 1340 L&M Lane, Casselberry, Hindu Society of Central Florida/Dev Sharma, received and filed.
Planner, Tony Matthews, addressed the Board to present the request, advising the appellant has stated that the subject mobile home serves as a caretaker’s residence for providing security and protection for the adjacent Hindu Temple grounds. He advised staff finds that the continued use of the existing mobile home as a caretaker residence is both reasonable and understandable to ensure security and protection for the adjacent Hindu Temple grounds; that the appellant has cited a previous history of vandalism; and, that the appellant’s intent is to replace the existing mobile home with a permanent structure. If approved, the staff recommends the following conditions: (1) Approval of the subject mobile home shall be limited to up to one year to allow the appellant time to construct a permanent structure; and (2) The existing mobile home shall be removed once a permanent structure is built.
Mr. Matthews advised he received a phone call from Roseanne Hunter, resident of Lot 16, stating that she is vigorously opposed to the request.
Upon inquiry by District Commissioner Morris, Mr. Matthews advised the appellant is requesting approval for three years.
Dev Sharma, appellant, addressed the Board to advise he is trustee for the temple.
Upon further inquiry by District Commissioner Morris, Mr. Sharma advised that they are ready to start construction as soon as their application is approved by the County. He further advised that he anticipates completion of construction in three years.
Dr. Pinar addressed the Board to state they are ready to go ahead with the construction on the permanent building and can promise it will be completed within two to three years.
No one else spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Henley to approve, by means of the Notice of Decision on Appeal, as shown on page _______, a request by the Hindu Society of Central Florida/Dev Sharma for reinstatement of an existing mobile home on property located at 1340 L&M Lane, Casselberry, based on staff findings and recommendations, and that it is understood that the appellant missed the filing date, and with the conditions that it will be for no more than three years (until March 12, 2005) and that when the permanent building is built, the mobile home will be removed prior to the Certificate of Occupancy being issued; and that if for any reason any other residential structure is put on this site, the mobile home will be immediately removed.
Districts 1, 2, 3, 4 and 5 voted AYE.
TO C-1, SID VIHLEN
Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) and C-1 (Commercial) to PCD (Planned Commercial District) for property located on the east side of CR 15 at the intersection of Orange Boulevard, Sid Vihlen, received and filed.
Planner, Kathy Fall, addressed the Board to present the request, advising the applicant proposes warehouses, commercial and office uses with a maximum building square footage of 39,938 feet. She further advised the staff recommends approval of the PCD zoning classification, with the following conditions: (1) Uses allowed will be mixture of warehouse, office and commercial uses that are allowed under the C-1, C-3 and M-1A zoning districts with no more than 10% of the total square footage to be retail; (2) Building height will not exceed 35 feet; (3) Parking spaces, setbacks, and all landscaping shall comply with the off-street parking and landscaping section of the Land Development Code in effect at the time of site plan approval; (4) Outdoor advertising signage (billboards) is prohibited; (5) Dedication of right-of-way starting at 15 feet in width on the south end of the property that will increase to 40 feet on the north end for the future widening of CR 15 prior to site plan approval; (6) Lighting shall consist of cut-off/shoe box style fixtures with a maximum height of 20 feet, including fixtures; (7) Any traffic signal modifications required as a result of this development shall be paid by the developer; (8) Five foot sidewalk along property frontage of C-15; and (9) Access to CR 15 may be limited after widening said roadway.
Sid Vihlen, applicant, addressed the Board to advise he agrees with staff recommendations.
No one else spoke in support or in opposition.
District Commissioner McLain recommended approval.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt Ordinance #2002-9, as shown on page _______, approving the rezoning from A-1 (Agriculture) and C-1 (Commercial) to PCD (Planned Commercial District) for approximately 4.26 acres located on the east side of CR 15 at the intersection of Orange Boulevard, with development standards as recommended by staff; and approval of Development Order, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
REVISION TO FINAL MASTER SITE PLAN,
Proof of publication, as shown on page _______, calling for a public hearing to consider an amendment to the Final Master Site Plan and Developer’s Commitment Agreement for the Oviedo Commerce Center PCD to allow automotive repair, for property located on the west side of SR 426, approximately 1,000 feet north of Mikler Road, Don Rudolph & George Viele, received and filed.
Planner, Amanda Smith, addressed the Board to advise staff is not opposed to the addition of automotive repair or performance centers as permitted uses within the PCD. The uses, however, will alter the overall complexion of the development, and staff suggests the following conditions be placed within the developer’s commitment agreement: (1) There shall be no outside repair facilities - all repair shall take place within the buildings; (2) There shall be no outside storage of automotive parts and supplies; (3) The applicants shall designate an area within the interior of the PCD where automobiles left for repair may be stored; (4) There shall be no storage of salvaged or abandoned vehicles on the premises; (5) Any bays dedicated for automotive repair shall not be seen from any rights-of-way or property lines and shall be located in the interior of the development; (6) An automobile performance center shall be permitted within the buildings along SR 426, provided that no overhead doors/bay shall be seen from any rights-of-way or property lines; (7) In order to adequately screen the automotive uses from the adjacent properties, additional landscaping may be required per the Planning Manager’s discretion at the time of site plan review.
District Commissioner Maloy stated he does not want this project to turn into a Forsyth Road. Whereupon, Ms. Smith stated she believes the proposed recommendations and conditions put in place address that concern.
George Viele, applicant, addressed the Board to state he is equally concerned that this park be of the highest standard possible. He explained that a high-end Mercedes repair business is interested in leasing space and they will do all their work indoors. He requested that condition #6 be amended and the words “property lines” be deleted.
Greg Hagador, 535 Pleasant Grove Drive, Winter Springs, addressed the Board to advise he is in the construction business and he is the first tenant in the park. He stated he is opposed to the request because he is concerned with the noise the auto repair business will create and because he believes it will set a precedent. He also stated that he is concerned that parking will become an issue.
Mr. Viele stated this is an industrial park and spaces are leased at individual rates. He said he has a firm commitment from the auto repair shop on the number of parking spaces he will use because his insurance only covers vehicles that are kept inside. He added that he is willing to do an addendum to Mr. Hagador’s lease allowing him out of his lease if the repair shop becomes too noisy.
No one else spoke in support or in opposition.
District Commissioner Maloy stated he does not believe the auto repair business is out of character for this use. He added that he hopes the tenant and the owners can work out this problem.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve amendment to the Final Master Site Plan and Developer’s Commitment Agreement, as shown on page _______, as amended (deleting the words “property lines” from condition #6), for the Oviedo Commerce Center PCD to allow automotive repair on property located on the west side of SR 426, approximately 1,000 feet north of Mikler Road, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAPTER 20 OF SEMINOLE COUNTY CODE
Proof of publication, as shown on page _______, calling for a public hearing to consider amending Chapter 20, Section 20.14(a) of the Seminole County Code (Animal Control Board), received and filed.
Mike Wittner, Animal Control, addressed the Board to briefly present the proposed amendment.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2002-10, as shown on page ________, amending Chapter 20, Section 20.14(a) of the Seminole County Code, dealing with the appointment of members to the Animal Control Board, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised he and Deputy County Manager, Rob Frank, will be leaving for Tallahassee on Wednesday; returning on Thursday.
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The
Chairman advised of an opening on the Citizens Advisory Board for the MPO.
Motion by Commissioner Morris, seconded by Commissioner Henley to appoint Craig VanHooven to the Citizens Advisory Board for the MPO.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to appoint Jake Bebber to the Agricultural Advisory Board to serve out the remainder of the year.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Maloy briefly discussed the
letter (copy was received & filed) from Holland & Knight LLP regarding
hiring Deputy Sheriffs to patrol the Riverwind Apartment complex.
Chairman McLain requested the County Attorney to review same and report back to the Board.
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Commissioner
Morris briefly updated the Board on his work dealing with the Jetta Point
property. He said he believes they are
at a point now where the staff could brief each Commissioner with the item to
be brought back to the full Board at their March 26, 2002 meeting.
Mr. Grace suggested briefing the Board at the next meeting with the item to follow for consideration at the April 9, 2002 meeting.
Commissioner Maloy advised the SGTV staff made a presentation at the last CALNO meeting for the purpose of urging the cities to submit additional programs.
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Commissioner
Maloy advised the Board of the proposed Board Member Duties, Ethics & Code
of Conduct Resolution for the Port Authority.
Copy of the proposed resolution was received and filed. He said he is concerned about some of the
language in the resolution.
Chairman McLain stated he believes this is a result of concern with members not being respectful. He said he would not want to see any members being restricted of free speech.
Upon
inquiry by the Chairman, Mr. McMillan advised the BCC has no say on what the
Port Authority does with this resolution.
Commissioner Morris stated he has a problem with the code of conduct portion, but believes the code of ethics is okay.
Commissioner Van Der Weide suggested televising the Port Authority meetings.
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Commissioner Henley advised Seminole Vision is in the process of filling their officer positions. He added that they have fulfilled their contributions commitment.
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Commissioner
Van Der Weide advised he viewed the Maglev demonstration last week.
The
following Communications and/or Reports were received and filed:
1. Copy of letter dated March 4, 2002 from Kenneth M. Roberts, Public Safety Director, to Rebecca Caterino in appreciation for recent donation.
2. Copy of letter dated March 4, 2002 from Kenneth M. Roberts, Public Safety Director, to Thomas Willey in appreciation for recent donation.
3. Emails 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)
4. Contract for Services, as shown on page ________, between Seminole County and Lynn Grainger, John Thaens, and John P. Fiorenza.
5. Letter dated February 21, 2002 from Tom Hoisington, Boy Scout Troop 787 to Chairman RE: recognition of David Gagnon for his achievements as Eagle Scout. (cc: Board, County Manager)
6. Letter dated February 25, 2002 from Richard F. Deardorff to Board RE: additional assessments on vehicle registrations to fund county schools. (cc: Board, County Manager)
7. Emails received after February 12, 2002 BCC public hearing in opposition to student housing complex on McCulloch Road (Portofino).
8. Emails of appreciation to Board RE: denial of Portofino project.
9. Letter from Geraldine D. Zambri, Longwood City
Clerk to Chief Administrative Officer RE:
property annexation. (cc: Board, Planning & Development,
Supervisor of Elections, Planning, Property Appraiser)
10. Contract for Services, as shown on page _______, between Seminole County and Patricia Gehret, Gerald F. Meter, Daniel Tucker, Peter L. Theoret, David Karl Myers, Rolland K. Shea and Isaac Blocker, Jr.
11. Copy of Memorandum dated March 7, 2002 from Michael S. Kraftsow, Oviedo Building Official to V. Eugene Williford, III, Oviedo City Manager RE: status of water and sewer line and electrical system of the hook-ups at the entrance to Winter Miles facility. (cc: Board, County Manager, Library & Leisure Services Director, Planning, Engineering)
12. Letter from Mrs. Janine W. Baumgartner to Board RE: Cleborne swimming lessons. (cc: Board, County Manager, County Attorney, Planning & Development/ Administration, Planning)
13. Letter dated March 11, 2002 from Annette Gangale Russell to Board RE: challenge of development order for Trinity Bay Retail Center and opposition to same. (cc: Board, County Manager, Planning & Development/Administration, Planning)
14. Letter dated February 28, 2002 from John P. Saboor and Kevin Coulhart to Chairman RE: January 2002 Activities Report and upcoming events. (cc: Board, County Manager, Tourism Development)
15. Email dated March 7, 2002 from Keith Cleborne to Board RE: completeness of the swimming lessons file and asking to see legal arguments from opposing attorney. (cc: Board, County Manager, Deputy County Managers, County Attorney, Planning & Development/Administration, Planning)
16. Email dated March 8, 2002 from Keith Cleborne to Board RE: response to staff report on swimming lessons. (cc: Board, County Manager, Deputy County Managers, County Attorney, Planning & Development/Administration, Planning)
17. Facsimile dated March 6, 2002 from Robert T. Rosen, P.A. to Matthew West and Tony Matthews RE: continuance of Crown Castle International appeal. (cc: Board)
18. Letter dated March 5, 2002 from Speaker of the House Tom Feeney to Chairman RE: proposed new tax structure. (cc: Board, County Manager, Deputy County Managers)
19. Copy of Facsimile to Board from Wilton Rooks, St. Augustine, RE: proposed new legislation for billboards. (cc: Board, County Manager, Deputy County Managers)
20. Notice of Public Hearing from the City of Oviedo for Change of Zoning of approximately 4.15 acres for the Vierra Company located on the east side of Oviedo Marketplace Boulevard. (cc: Board, County Manager, Planning & Development/Administration, Planning)
21. Emails 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)
22. Letter dated March 1, 2002 from Rachel K. Carnicelli, Deputy City Clerk, City of Sanford, to Board RE: Notice of annexation of approximately 0.96 acres between Blaine Street, Harrison Street, Dixie Way and Roosevelt Ave. (cc: Board, County Manager, Planning)
23. Letter dated March 1, 2002 from Rachel K. Carnicelli, Deputy City Clerk, City of Sanford, to Board RE: Notice of annexation of approximately 0.44 acres between Santa Barbara Drive, Florida Street and Marshall Avenue and El Capitan Drive. (cc: Board, County Manager, Planning)
24. Copy of letter dated February 28, 2002 from Nick Balevich, City of Sanford Planner, to effected property owners regarding readdress and renaming of St. Johns Parkway. (cc: Board, Planning & Development/Community Resources)
25. Letter to Chairman dated February 27, 2002 from Edward L. Wilson, Jr., Florida Department of Health RE: denial of grant application for the purchase of Bio Chemical ID and equipment. (cc: Board, County Manager, Fiscal Services)
26. Letter to Chairman dated February 27, 2002 from Edward L. Wilson, Jr., Florida Department of Health RE: denial of grant application for the purchase of radios and antennas (cc: Board, County Manager, Fiscal Services)
27. Letter dated February 25, 2002 from Thomas O’Hanlon, Chairman, Oviedo City Council to Chairman RE: City Council interests in exploring acquisition of TDC funding for a civic and/or conference center for the City of Oviedo. (cc: Board, County Manager, Deputy County Managers, Administrative Services)
28. Copy of letter to Harry Barley, Executive Director Metroplan Orlando, dated February 22, 2002 from Russell Hauck, LYNX RE: suggested changes to the draft Mission Statement for Commuter Rail Stakeholders Task Force. (cc: Board, Planning)
29. Copy of letter dated February 22, 2002 from Edward I. Griffin, LYNX Paratransit Deputy Director, to ADA Paratransit Clients RE: discontinuation of service for users whose trip origin and/or destination is greater than ¾ of a mile from a LYNX bus route. (cc: Board, County Manager, Planning)
30. Letter dated February 27, 2002 from Gerry M. Marino, President, Oviedo Chamber of Commerce to Chairman, RE: reconsideration of a Certificate of Need for a community hospital in the Oviedo/Winter Springs Area. (cc: Board, County Manager, Deputy County Managers.)
31. Email dated March 8, 2002 from Carlene and John Piloian to Chairman RE: opposition to rezoning of property on Fairy Lake. (cc: Board, County Manager, Deputy County Managers, Planning & Development/Administration, Planning)
Mr. Grace requested direction with regard to the historic marker for the World Cup and Olympic Gold Medal winning U.S. Women’s Soccer Team at Sylvan Lake Park. Copy of memorandum dated March 6, 2002 was received and filed.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize placing a traditional freestanding historical marker in the vicinity of the soccer fields at Sylvan Lake Park, a safe distance from playing areas and potential overflow parking, commemorating the World Cup and Olympic Gold Medal U.S. Women’s Soccer Team; and to authorize an expenditure in the amount of $1,500 from the General Fund Contingency for same.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr.
Grace presented resolution in support of the alternative roadway proposed to
run from SR 417 to I-95.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2002-R-35, as shown on page _______, in support of the new four-lane transportation facility beginning in Seminole County at SR 417, south of Sanford, traversing parallel to SR 415, and terminating at I-95 in Volusia County; and making this project the highest joint Seminole/Volusia County priority in the MetroPlan Transportation Improvement Plan and placing it in the Florida Department of Transportation’s Five Year Work Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr.
Grace advised he will be out of the office for the remainder of this week; and
that DCM Sally Sherman will serve as Acting County Manager.
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The
meeting was recessed at 2:35 p.m., reconvening at 7:03 p.m., this same date,
with all Commissioners (with Commissioner Morris entering late) and all other
Officials, with Deputy County Manager Sally Sherman replacing County Manager Kevin
Grace, and Deputy County Attorney Stephen Lee replacing County Attorney Robert
McMillan, with the exception of Deputy Clerk Sandy McCann, who was replaced by
Deputy Clerk Eva Roach, who were present at the Opening Session.
Chairman
McLain read the public hearing rules and procedures and the swimming
lesson/home occupation appeal introduction.
Commissioner Morris entered the meeting at
this time.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Appeal the decision of the Board of Adjustment in approving
a request by Cingular Wireless/Crown Castle International for a special
exception to allow a 150 foot high monopole telecommunication tower and
separation variance from 450 feet to 20 feet; property located on the south
side of Red Bug Lake Road, approximately 200 feet west of Dovera Drive,
Seminole County, received and filed.
Chairman
McLain stated Crown Castle’s representative is requesting a continuance of this
item, as there has been a death in the family.
A letter requesting the continuance was received and filed.
No
one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to
continue to April 23, 2002, at 7:00 p.m., or as soon thereafter as possible,
request to Appeal the decision of the Board of Adjustment in approving a
request by Cingular Wireless/Crown Castle International for a special exception
to allow a 150 foot high monopole telecommunication tower and separation
variance from 450 feet to 20 feet; property located on the south side of Red
Bug Lake Road, approximately 200 feet west of Dovera Drive, as described in the
proof of publication, Seminole County.
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 Appeal the decision of the Board of Adjustment in
determining that swimming lessons/instructions are a home occupation under Section
2.3 and Chapter 30, Part 7 of the Land Development Code of Seminole County;
property located at 184 Steeple Chase Circle, Sanford, Seminole County,
received and filed.
Tony
Matthews, Planning, addressed the Board to state on December 6, 2001, staff received
a request from Kenneth & Sherri Brown for an appeal of the Board of
Adjustment’s (BOA) decision relating to swimming lessons being given at Mr.
Cleborne’s residence. On December 11,
2001, the Board made a motion to hear the appeal of the BOA’s decision relative
to the Planning Manager’s interpretation of whether swimming lessons constitute
a home occupation. Staff is
recommending overturning the BOA decision in determining that swimming
lessons/instructions are a home occupation under Section 2.3 and Chapter 30,
Part 7 of the Land Development Code based on the following findings: (1) Swimming lessons/instructions are not a
home occupation as the definition of home occupation does not include
activities outside of a dwelling unit; (2) Swimming lessons/instructions that
are not taught within a soundproof structure may generate objectionable noise
levels, which are prohibited by definition; (3) Swimming lessons/instructions
taught in an outdoor swimming pool provide the appearance that there is more than
single family uses occurring on the property; (4) The swimming lesson business
may generate excessive neighborhood traffic and make use of residential streets
as a parking facility; and (5) In the past, staff has excluded swimming
lessons/instructions from being considered a valid home occupation. A definition of home occupation contained in
the Land Development Code was displayed on the screen.
Upon
inquiry by Commissioner Maloy, Matt West, Planning Manager, addressed the Board
to advise there could be a noise code enforcement action. Staff looked at what determines a home
occupation and what doesn’t. In the
past, staff has found out that there were many occasions where people ran
businesses out of their homes in Agriculture zoning. The first question was is that use permitted and staff found that
it was not appropriate.
Commissioner
Maloy stated he doesn’t understand why the noise aspect was not considered.
Mr.
West stated the only reason he has concerns about enforcing it through the
objectionable noise issue is there is no decibel level and it could be
subjective in that case as well. This
definition does not set what that level is and staff’s approach was when you
read this definition as a whole, the rationale of his interpretation is, especially
when you look at the sentence about home occupation allowing the use by
physicians, surgeons, dentists, lawyers, etc., they can have emergency type
consultations there, but cannot use their homes for their general practice. The intent is to use it as a satellite and
not a full time place where people come to the residence. He stated he thought the noise issue was a
much more subjective issue, but he also looked at the fact that it talked about
the floor area not exceeding 25% of the dwelling structure. These uses should be used inside a structure
and staff’s interpretation is that any type of lessons is not a valid home
occupation when you have customers coming to the residence.
Commissioner
Maloy stated if someone is doing piano lessons out of their home, then they are
in violation. He stated he would like
to know if baby-sitting is in violation as well.
Mr.
West stated it runs both ways. He
stated the County does not require any licensing and the only way staff finds
out about these things is when there is a complaint.
Upon
inquiry by Commissioner Maloy, Mr. West advised he wouldn’t mind looking at
providing a better set of standards of defining what is or isn’t home
occupation.
Commissioner
Morris stated he would like to know the definition of premises. He stated his definition of premises is the
property. He said he feels the issue
here is premises and he doesn’t think reasonable people will argue about the definition.
Commissioner
Henley stated the last sentence of home occupation definition brings it into
play, “floor area used for home occupation”, but they still can use premises
under the first sentence.
Sherri
Brown, 180 Steeple Chase Circle, addressed the Board to state her property line
abuts Mr. Cleborne’s property and the reason she is here tonight is she wants
her voice to be heard. She stated she
has a book (not received and filed) that addresses swimming lessons and states
that crying is a by-product of the lessons.
She said her only purpose is to document the noise. She stated Mr. Cleborne moved there in 1998
and after that he built a pool and started swimming lessons. The lessons got way out of hand last summer
as the moment a child gets into the pool, they start screaming. The minute the lesson is done, they would
get out of the pool to rest, then another child would start their lesson. This is done every 10 minutes a day for as
much as 10 hours. She stated she fears
for the day that if her child gets hurt and she thinks it is a child at Mr.
Cleborne’s screaming. She displayed
pictures (received and filed) showing the view of the pool from her back yard
and wooden bollards in Mr. Cleborne’s front yard preventing vehicles from
parking on his grass. She stated she is
currently undergoing an illness and her home is the only place she can enjoy
herself.
Kenneth
Brown, 180 Steeple Chase Circle, addressed the Board to state he listens to
kids screaming all day long when he is at home. Whenever he hears kids screaming, he takes off running to see if
it is one of his kids.
George
Garner, 185 Steeple Chase Circle, addressed the Board to state he lives on the
opposite side of the street. He stated
he does not object to the swimming lessons, but does object to the intrusion of
traffic and noise pollution.
Upon
inquiry by Commissioner Henley, Mr. Garner advised he has seen seven to eight
vehicles parked at Mr. Cleborne’s house.
Vic
Fernandez, 177 Steeple Chase Circle, addressed the Board to state he lives one
house over from Mr. Cleborne. He stated
he is not home all day long and the days he is home, the traffic and noise is
unbearable. The noise has really gotten
out of hand this past year.
Upon
inquiry by Commissioner Maloy, Mr. Fernandez advised anything that is noisy is
not acceptable, but tutoring is acceptable.
Chairman
McLain read Written Comments from James Leavitt, Elizabeth Toomey and Kathy
Leavitt supporting the swimming lessons.
Doreen
Freeman, 705 Mellonville Ave., addressed the Board to state she lives in the
City of Sanford and has lived there for 33 years. She stated she is a Red Cross instructor and she has been
teaching in her backyard for the past 25 years. The way that she instructs is on a positive note as the Red Cross
introduces children to water in a positive manner. She stated she would hate the Board to negate all backyard
swimming instructions.
At
the request of Commissioner Morris, Stephen Lee, Deputy County Attorney,
addressed the Board to explain the nature of this hearing.
Don
Fisher, Planning & Development Director, addressed the Board to state the
issue here is whether teaching swimming lessons in an A-1 zone property is a
home occupation, and if it is found to be a home occupation for this property,
then it is found to be home occupation for all A-1 uses across the County. If the Board does not agree with the
interpretation, staff would request that they formulate something that fits the
policy.
Commissioner
Van Der Weide stated he feels the real issue is excessive noise and the amount
of traffic generated.
Ms.
Freeman stated under the guides of the Red Cross, a great percentage of Red
Cross instructors teach in their backyards as a supplement to community pools,
which cannot handle the load that is out there for all the children and adults
needing instructions for swimming safety.
Commissioner
Morris stated the first issue is to determine whether or not the Planning
Manager made a correct assessment that this is not a home occupation. The second issue deals with what the BOA
appeal is based on. He advised the
Webster’s dictionary defines premises as “the land and buildings.” When it refers to premises, it is referring
to those residing on the premise, but does not go into the premise itself. It immediately falls into what is happening
in the building.
Chairman
McLain stated many home occupations are acceptable to a community, as long it
is not a burden on the community with traffic, noise and activities.
Chairman
McLain submitted Written Comment Form and letter from Scott Stegall supporting
the appeal.
Beth
DeFalco, 614 Grand Cypress Pt., addressed the Board to state she has five
children and three of them were taught with the “jump in the pool and swim”
technique. She stated Mr. Cleborne
taught her 4-year old to swim. During
the lessons, the children undergo an intense survival course, however the kids
scream for their lives.
Keith
Cleborne, 186 Steeple Chase Circle, addressed the Board to state the traffic
that the previous speakers spoke about is exaggerated. He displayed and reviewed a summary
(received and filed) of how many children show up for lessons each week. He stated he gives the lessons for 6 months
and he has had an average of 11 students per day and over a 3-month period the
average is 20-24 students a day. He
explained the reason why he has had 34 people at his pool rather than 25 or
so. He stated he has an 8-year-old
child who attends elementary school and he cannot teach swimming lessons during
the time he has to pick him up at school.
The most cars parked on his lot in a given day was 25 because he had
several sets of siblings at one time.
Upon
inquiry by Chairman McLain, Mr. Cleborne advised he does not think the noise is
objectionable to the neighborhood, as he doesn’t think it is loud enough for
them to hear.
Mr.
Cleborne stated he has three parking spots available for clients to park off
the road. He displayed a photograph
(received and filed) showing the parking area.
Upon
inquiry by Commissioner Henley, Mr. Cleborne advised a vehicle would be parked
at his home approximately 30 minutes.
Upon
inquiry by Commissioner Maloy, Mr. Cleborne advised he does not sell anything
and he does not have a sign in his front yard.
He explained why he feels his business fits the code.
Commissioner
Morris reviewed that during the heaviest three-month period, there is an
average of 20-24 children per day and during the first week of training it is
typical for children to cry. He stated
the issue here is if someone runs a hedge cutter or lawn mower for six hours a day,
then they are going to get a nuisance complaint. The neighbors are saying that this is an intense period of
time. A crying child is an alert noise
and it would seem to be quite significant.
He stated 20-25 cars coming to a home during the day generates 50 trips
and an average house generates 8-10 trips per day, therefore, more traffic is
being generated. Those are the kinds of
issues that the Board would wrestle with as being an intrusion.
Mr.
Cleborne stated the first time he heard that the noise issue was a problem was
when the complaint was filed against him.
He stated if the noise is an issue, he will be glad to take care of the
problem so it is not audible.
Upon
inquiry by Chairman McLain, Mr. Cleborne advised he would solve the problem by
putting up plexiglas and foam rubber or some sort of absorbent soft
material. He said the BOA indicated
that the noise was not an issue. He
added he would like to submit a video (received and filed) into the Record.
Lora
Mason, 9887 Lake Georgia Drive, addressed the Board to state she would like to
know if the noise issue is a problem if someone volunteers or if they are paid.
Chairman
McLain stated there are many businesses operating in the County that the County
does not know about and the only way they find out about them is when they receive
complaints.
Ms.
Mason stated she feels that EMS vehicles, ambulances and fire trucks are more
noise intrusive than a crying child.
Michelle
Nutter, 3400 Florida Ave., addressed the Board to state she teaches infant
swimming research and she is concerned that this could have an impact on her
business.
Becky
Puhl, 1449 Timbercrest Dr., addressed the Board to state the swimming lessons
book addresses how to handle crying children.
There is no judging on what noise is objectionable as far as how many decibels
it has to be. She spoke with regard to
the traffic problem as well.
Tracy
Garlanger, 5271 Garlanger Trail, addressed the Board to state the noise issue
is greatly exaggerated. The children
learn to swim with their faces in the water and they cannot scream during that
time.
Lori
Oakes, 5620 S. Lake Burkette Lane, addressed the Board to state for the most
part only three cars are parked at Mr. Cleborne’s residence at one time. The kids do cry but do not do it all the
time. She stated she submitted a letter
to Commissioner Maloy. She said it is
physically impossible to teach this type of swimming lesson for a long period
of time.
Heidi
Bigge, 306 Lake Road, addressed the Board to state she would consider the
swimming lessons a public service and not a home occupation. She asked the Board to vote in favor of Mr.
Cleborne’s swimming lessons. She said
her son took swimming lessons from Mr. Cleborne and he did not cry or scream,
he enjoyed it.
Edith
Vega, 514 Alokee Ct., addressed the Board to state she lives in Lake Mary and
she would like to speak on behalf of the people who do not have swimming pools
in their back yards. She stated her
granddaughter fell into a pool this year was able to swim because of Mr.
Cleborne’s lessons. She said what Mr.
Cleborne is doing is a service to the community. She spoke with regard to the parking situation, stating when she
was there, there were no more than three cars parked on the property at any
given time.
Lynette Halter, 118 Sand Point, addressed the
Board to state she is speaking on this issue because she is a family
friend. She stated Mr. Cleborne has a
very large driveway and she has never seen more than two cars at a time. She said her son is there all the time and
he has never seen a maximum of three children there. She added some home occupations wouldn’t be allowed if it were
considered noisy.
Barbara
Rodriguez, 188 Steeple Chase Circle, addressed the Board to indicate on the
aerial where Mr. Cleborne’s pool is located and she stated she can see the pool
from her window. She stated she has
occasionally seen five cars and normally there are two to three cars parked
there. She added she has only heard one
child screaming from inside her house and they cannot scream while their faces
are in the water.
Erin
Dugan Sanders, 897 Woodgate Trail, addressed the Board to state she feels that
Mr. Cleborne has attempted to accommodate parking and she has never witnessed
more than two vehicles at one given time.
She stated when she was there with her child; she did not witness any
screaming. Mr. Cleborne made it a point
to tell the parents not to arrive too early and not to leave late.
Chairman
McLain read Written Comments from Edith & William Vega; Barbara Rodriguez;
Teodoro Rodriguez; Caroline Larsson; and Dona Jimenez.
Jennifer
Wicks addressed the Board to state she took her daughter to a community pool
for lessons and she was terrified and didn’t learn anything. She stated when she took her daughter to Mr.
Cleborne, there were never more than two cars there and she always parked in
the driveway.
Paulette
Gaffert, 100 Orange Ridge Drive, addressed the Board to state she may have seen
four cars parked there at one time and the reason that many were parked there
is because the grandparents want to see their grandchildren learn to swim.
Gina
Haug, 704 Kenilworth Circle, addressed the Board to state the biggest issue is
the noise level and she believes it is a gray area. She stated her issue is whether crying is the objectionable noise
or is it the laughing.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
An
e-mail from James & Kathy Leavitt opposing the home business was received
and filed.
Chairman
McLain recessed the meeting at 8:30 p.m., reconvening at 8:42 p.m., with all
Commissioners present.
Commissioner
Henley stated he would like clarification as to what impact the decision might
be countywide. He stated he understands
that Mr. West indicated that should this not be permitted, it would mean that
all swimming in the County as a home occupation would not be permitted as well
as tutoring and piano lessons.
Commissioner
Van Der Weide requested clarification from the County Attorney’s office.
Mr.
Lee stated if staff takes the Board’s action to be an instruction as to how the
code can be interpreted and applied, he assumes staff would be consistently
applying the code in that fashion and interpreting it in that fashion.
Commissioner
Maloy stated the issue is the Board is dealing with a home occupation that
includes swimming lessons. He stated
the way he understands the definition is there is a negative law and a positive
law and the United States laws are unique and operates in a negative
aspect. He feels the Board should have
a work session on this issue.
Upon
inquiry by Commissioner Maloy, Mr. Fisher advised the home occupation
definition has been in the code since 1960 and through the years it has been
added on, tweaked, and pulled and that is why the definition is so confusing. The long-standing policy indicates that
swimming lessons are not a home occupation.
Staff’s concern is the broad-brush change that this might have that home
occupations are permitted in residential zoning districts with the lot sizes
being much smaller. If the same
scenario of allowing swimming lessons is taken, then you can imagine the
intensification of what that might mean.
Commissioner
Maloy stated his main concern is there are more and more people working in
their homes, he feels the Board should have a work session to review this more
and revise it.
Commissioner
Henley stated he didn’t find in the code where traffic can be used to declare
it a non-home occupation.
Mr.
West advised the reason why this wasn’t pursued as a code enforcement issue
based on noise violation is the staff’s approach was, is this use allowed
regardless of the noise violation.
Commissioner
Henley stated at the BOA hearing, Mr. Cleborne’s attorney indicated that any
time an ordinance is ambiguous, the case law requires staff to interpret on
behalf of the property owner. He asked
if the County Attorney’s office checked to see if that might have a bearing on
the ruling of the BOA.
Mr.
Lee stated he disagrees with Mr. Cleborne’s attorney that there are cases
dealing with statutory construction and in his view, it is not necessarily
applicable to the land use.
Commissioner
Morris stated the issue here goes very clearly to what the Planning Manager
determined as to whether or not home occupation is an issue at hand. There are many cases where a lot of people
are doing home occupations and they wouldn’t fall under this definition. The County operates code violations on a
complaint basis. The Planning Manager
has interpreted what type of activity is occurring relative to the amount of it
and he has determined that the noise is an issue. He stated he would have to concur that this is not a home
occupation.
District
Commissioner McLain stated he doesn’t think that this Board feels that
tutoring, piano lessons, etc. are the types of activities that would be
affected by the Board’s decision tonight.
He stated the key word is any home occupation that creates any
objectionable noise shall be prohibited.
If Mr. Cleborne can deal with the noise and convince staff that he can
do that, he could get a positive recommendation from staff. The Board has heard several residents talk
to the issue of noise on a consistent, regular basis. Staff recommendations #2 and #3 are directly to the point. He stated many of people in favor of Mr.
Cleborne do not live in the neighborhood.
Therefore, he would support staff recommendations as far as finding this
is not a home occupation based on the objectionable noise it would create in
the community and it would not impact other home occupations that do not
require this noise problem.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
overturn the decision of the Board of Adjustment, by means of the Notice of
Decision on Appeal, in determining the swimming lessons/instructions are a home
occupation under Section 2.3 and Chapter 30, Part 7 of the Land Development
Code; property located at 184 Steeple Chase Circle, Sanford, as described in
the proof of publication, Seminole County, based on staff findings and
recommendations as follows: swimming
lessons/instructions that are not taught within a soundproof structure may
generate objectionable noise levels, which are prohibited by definition and
that swimming lessons/instructions taught in an outdoor swimming pool provide the
appearance that there is more than single family uses occurring on the
property.
Under
discussion, Commissioner Morris stated he concurs with the motion in particular
with recommendations #2 and #3. He
stated if this motion is successful, the Board needs to follow with direct
instructions to staff unless there are findings of #2 and #3 that they would
not prohibit this use. The Board also
needs to instruct staff to deal with the home occupation issue, in general, so
that the Board can have a properly drafted home occupation code. Mr. Cleborne is not going to be permitted to
do this under the current configuration but the County may be able to readdress
for him and he may be able to address it as well by handling the noise
issue. He stated he would recommend including in the motion that the findings is not a home occupation
on the basis of the noise.
Commissioner
Van Der Weide stated he can support that.
Chairman
McLain stated in this particular case the Board is dealing with home occupation
of swimming lessons and the findings of this Board, this particular home
occupation does not qualify based on the objectionable noise. If someone else is giving swimming lessons
and there are no objectionable noise issues not relative to that home
occupation, then it would be found acceptable.
Commissioner
Henley stated he can support that as long as staff understands that.
The
consensus of the Board was to expect staff to work on
this diligently so the Board can correct any deficiencies in the home
occupation definition.
Chairman
McLain stated he feels staff needs to address the traffic impacts as well.
Commissioner
Maloy stated the operation could continue if the applicant can control the
noise.
Commissioner
Morris stated he feels staff needs to come back with some sample home
occupation ordinances. If the Board
approves this tonight, staff will need to point out what are the objections and
limitations.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
McLain recessed the meeting at 9:10 p.m., reconvening at 9:18 p.m., with all
Commissioners present.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request to Rezone from Planned Unit Development (PUD) to Planned Unit
Development (PUD); property located at the intersection of Tuskawilla Road and
SR 426 and approve Development Order, Thomas Daly, received and filed.
Jeff
Hopper, Planning, addressed the Board to advise the applicant is proposing to
develop approximately 15 acres in residential use as townhouses with an
additional three acres designated for commercial uses. He reviewed the permitted uses, land uses
surrounding the site, and the primary access as outlined in the agenda
memorandum. He stated since the
Planning & Zoning (P&Z) Commission hearing, the applicant has submitted
information on recreational amenities, such as children’s playground, active
and passive recreation areas, and proposed landscaping between buildings. He said staff recommends approval of the
request with the following conditions outlined: (1) There shall be a 40 ft. building setback and a 40 ft. buffer
along the western property line. The
buffer shall include the existing row of pine trees, an additional row of 4”
caliber oaks on 30 ft. center and a row of under story trees spaced at 10 ft.
intervals; (2) Balconies shall be prohibited on units closest to the western
property line; (3) A 6 ft. brick or masonry wall shall be maintained along the
western property line. The existing
block wall shall be extended to the south property line; (4) Front walls of
townhouse units shall be staggered; (5) The 16 ft. easement providing access to
properties to the south shall be maintained at no less than its current
capacity. Property owners using the
easement shall be granted use of the gated entrance through the residential
portion of the Trinity site; (6) The west retention area shall be arranged as
an amenity and used as open space; (7) Dumpsters and mechanical units shall be
located and/or screened so as not to be visible from SR 426 or Trinity Bay
Subdivision; and (8) The development will not be designed or marketed as
student housing. He stated the
applicant has submitted 10 additional conditions (received and filed), which
the applicant will review.
Tom
Daly, applicant, addressed the Board to state he is here on behalf of the
landowner and the contract purchaser.
He briefly reviewed the history of the project. He displayed a copy of the approved plan and
stated there are three commercial out parcels along Aloma Avenue. He stated none of the conditions regarding
commercial property will be changed from the existing PUD. The remainder of the property was approved
for a 131,000 sq. ft. shopping center.
There is an existing dirt road, which is encumbered by a 16 ft. access
easement that will give access to the residents to the south. That easement has been in place since 1955
and he has no plans of changing the character of that easement. The existing approval of that plan is to
install a gate for access. The Comp Plan
is HIP and it is maxed out at 20 units per acre, and the proposed plan is a
down zoning to town homes and these are for sale and not for rent. They are neither apartments nor student
housing, as staff asked him to put a prohibition on student housing. The difference between this development and
historic town homes is these homes have garages. He stated at the P&Z meeting he had proposed putting a gate
across the front to make it a gated community.
With regard to the access easement, his attorney has recommended that
the gate not be installed.
Upon
inquiry by Commissioner Maloy, Mr. Lee advised if the residents to the south
have the right to use the 16 ft. easement for access to their property, then
the applicant is correct that they cannot block off that access. If the residents to the south agree to what
the applicant is proposing, they can do it.
Upon
inquiry by Commissioner Morris, Mr. Daly advised he believes there are eight or
nine property owners that have prescriptive rights to that access.
Upon
further inquiry by Morris, Mr. Daly advised the easement runs straight down the
property line on SR 426 and continues on his half of the land and one property
owner owns the other half.
Mr.
Daly stated he has met on numerous occasions with the Trinity Bay Association
and the people to the south and they have come up with some additional
conditions. He displayed and briefly
reviewed the following conditions: (1)
Installation of a warning sign along SR 426: (2) Installation of a hedge on
both sides of the road to keep children from running back and forth; (3) A
multiple lock box will be installed along the 16 ft. easement; (4) The 16 ft.
easement to be paved with a hard surface all the way down the property line;
(5) A chain link fence will be installed along the southern property line; (6)
Upgrade the traffic lights at the intersection of SR 426 and Tuskawilla Road;
(7) Electrical power will be installed to the southeast portion of the
property; (8) A fountain/aerator will be installed in the retention pond; (9)
The project street lighting adjacent to the western property boundary will be
limited to decorative lighting affixed to the front of the units; and (10)
Window openings on the second floor of the units will be frosted-opaque.
Upon
inquiry by Commissioner Maloy, Mr. Daly advised he has no control of what is
being put on Mrs. Russell’s property, but he plans to continue with the
wall.
Wendy
Saliga, 3055 Tuskawilla Road, addressed the Board to display a drawing (not
received and filed) showing how close her house is to this project. She stated she believes the community really
wants a security gate along the southern boundary line. She stated she does oppose putting two gates
in the community. She displayed a
photograph (not received and filed) of a road.
Upon
inquiry by Commissioner Morris, Ms. Saliga advised she has contacted the rest
of her neighbors to the south who will be affected by the gate and they all
would like a gate installed.
Chris
Saliga, 3055 Tuskawilla Road, addressed the Board to state the cold paving of
the road is not what they are asking for.
The one main thing they are asking for is the security gate. He stated he is concerned about the traffic
that will come down his street. He
displayed a photograph (not received and filed) of his circular drive and
stated he would like a gate to keep traffic from turning around in his
driveway.
Annette
Russell, 5220 North Lake Burkett Lane, addressed the Board to state she is a
bit disappointed with Mr. Daly as they have discussed the issue of installing a
wall and he has indicated that he does not want to install one.
Upon
inquiry by Commissioner Maloy, Ms. Russell advised a chain link fence is not
secured enough and it is ugly. She
displayed photographs (not received and filed) and stated an aluminum fence
would work. Ms. Russell displayed a
photograph (not received and filed) and indicated where the retention pond will
be located. Ms. Russell stated all she
is asking for is an aluminum fence around the entire southern property line and
she would like to know how a 40 ft. buffer would be acceptable.
Mr.
Russell addressed the Board to ask why can’t they gate both sides of the
community and why hasn’t there been a proposal for that.
Mr.
West addressed the buffer requirements for this type of development.
Attorney
David Tegeler, P. O. Box 677192, addressed the Board to state he represents Mr.
& Mrs. Hutsick and they have requested that the existing trees be unharmed
when the existing block wall is upgraded and that requirement be included in
the development order.
Upon
inquiry by Commissioner Maloy, Attorney Tegeler advised his client originally
requested a 25 ft. setback, but now would like a 40 ft. setback at this
time. This small setback is not enough
to protect the property rights of the homeowners in Trinity Bay.
Todd
Husty, 5690 South Lake Burkett Lane, addressed the Board to state Rachel
Bernstein is the executor of the family trust for Dr. Anderson and he would
like to say a few words on her behalf.
He discussed some of the unauthorized use problems going on in Trinity
Bay. He stated Ms. Bernstein feels that
if the water easement goes through, it would ruin the pond.
Upon
inquiry by Commissioner Maloy, Mahmoud Najda, Development Review Manager,
addressed the Board to advise the pond and drainage system probably cannot
handle direct connection from the system and staff is aware of the
problem. There is a 20 ft. drainage
easement and it allows the eastern development to tie into the cul-de-sac. Before any connections are made, staff will
check this out and look at it very closely.
Attorney
Daly stated the developer will agree to installing a security gate along the
back of the property subject to approval by all property owners having legal
rights over the 16 ft. easement.
Upon
inquiry by Commissioner Maloy, Attorney Daly stated he has no problem
installing a wall down the corner.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt
Ordinance #2002-11, as shown on page ________, rezoning to PUD; property
located at the intersection of Tuskawilla Road and SR 426, as described in the
proof of publication, Thomas Daly, approval of the Development Order, as shown
on page _______, subject to P&Z recommendations plus the 10 additions
submitted by the developer, with modifications to #6 (fence to be vinyl coated)
and #7 (left wrought iron gate with connections to homes to be installed if there
is unanimous consent of the property owners who control the easement), in
addition to #11 alternative fencing on Mrs. Russell’s property to be an
aluminum-type fence, and with regard to #12 that as many of the trees in the
buffer will be undisturbed.
Upon
inquiry by Mr. Hopper, Commissioner Maloy recommended deleting the last
sentence of staff’s recommendation #6 relating to the gated entrance.
Commissioner
Morris stated he believes this is a very good project and a very good down
zone.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request for a Large Scale Land Use Amendment from Planned Unit
Development (PUD) to Planned Development (PD); and Rezone from A-1
(Agriculture), R-1 and R-1AAA (Single Family Dwelling) to Planned Unit
Development (PUD); property located north of SR 436, west of West Lake Brantley
Road, John H. Percy, received and filed.
Mr.
Hopper advised the applicant is proposing to develop a mixed-use development in
the vicinity of the existing Forest Lake Academy to include retail uses, an
assisted living facility (ALF), and an expanded school and church. He reviewed the existing land uses of the
surrounding area. The ALF would include
apartment units and a nursing home.
Automobile repairs will continue as part of the school’s educational
program. Building heights would not
exceed 35 ft. with the exception of a 80 ft. tower on the church building. Staff recommends approval of the request
subject to the following: (1)
Consistent architectural design throughout the development; (2) Maximum
building height 35 ft. as measured per the Land Development Code, except a
maximum of 80 ft. for a church steeple; (3) Automobile repairs shall only be
conducted in connection with educational programs; (4) Stormwater management
areas shall be arranged as amenities and shall be used as open space; (5) The
development shall be limited to two entrances on SR 436; and (6) Landscape
areas shall include a 20 ft. buffer for commercial development on SR 436 and a
25 ft. buffer between the academy and adjacent residential development.
John
Percy, applicant, addressed the Board to state he agrees with staff
recommendations.
Commissioner
Van Der Weide stated there is a lack of sidewalks on West Lake Brantley Road
and he would like to see the applicant install them in that area.
Upon
inquiry by Chairman McLain, Mr. Percy advised he is in agreement with placing
sidewalks in that area.
John
Goring, 2450 Pleasant Dr., addressed the Board to state he is the President of
West Lake Brantley Homeowners Association.
He indicated on the map where the nearest fire station is located. He stated he is concerned with all the
traffic that will be generated by this project and there are no fire hydrants
in the area. He requested the Board to
install fire hydrants in their area.
Judy
Kroker, 1420 West Lake Brantley Road, addressed the Board to state she would
like to know the difference in zoning of Planned Unit Development and Planned
Development. Whereupon, Mr. West
explained the difference.
Mrs.
Kroker expressed her concern with drainage and flooding.
No
one else spoke in support or in opposition.
Chairman
McLain read Written Comment from G. E. Claus.
Speaker
Request and Written Comment Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to
transit to the Florida Department of Community Affairs, Large Scale Land Use
Amendment from Planned Unit Development (PUD) to Planned Development (PD); and
Rezone from A-1 (Agriculture), R-1 and R-1AAA (Single Family Dwelling) to
Planned Unit Development (PUD); property located north of SR 436, west of West
Lake Brantley Road, as described in the proof of publication, John H. Percy,
per Development Order, as shown on page ________, with staff recommendations,
including sidewalks on West Lake Brantley Road.
Under
discussion, Chairman McLain stated staff should evaluate the 1-cent sales tax
for sidewalks for schools. He
recommended staff to get back with the District Commissioner on the sidewalk
issue.
Commissioner
Maloy stated he has concerns with the fire hydrants.
Districts
1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page
_______, calling for a public hearing to consider request for a Large Scale
Land Use Amendment from Industrial to High Intensity Planned Development; and
Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and Amendment
to the Developer’s Commitment Agreement for the Loma Vista PUD; property
located on the west side of Aloma Avenue and east of the GreeneWay, Hugh
Harling, received and filed.
Amanda Smith, Planning, addressed the Board to state the approved PUD comprises of 52.7 acres and will consist of multi-family, industrial, commercial, and institutional uses. She added staff recommends approval of the request.
Hugh Harling, Harling Locklin & Associates, addressed the Board to advise he agrees with staff recommendations.
No one spoke in support or in opposition.
Motion
by Commissioner Maloy, seconded by Commissioner Morris to transmit to the
Department of Community Affairs a Large
Scale Land Use Amendment from Industrial to High Intensity Planned Development;
and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); and
Amendment to the Developer’s Commitment Agreement, as shown on page ________,
for the Loma Vista PUD; property located on the west side of Aloma Avenue and
east of the GreeneWay, as described in the proof of publication, Hugh Harling.
Districts
1, 2, 3, 4 and 5 voted AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 10:42 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
cc/slw/er