BOARD OF
MARCH 22, 2005
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, March
22, 2005, in the SEMINOLE COUNTY
SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
County Manager Kevin Grace
Deputy Clerk Sandy McCann
Pastor Stephen Binkley of
AWARDS & PRESENTATIONS
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-41, as shown on page _______, honoring Ross Arbelius, Program Manager of the Petroleum Storage Tanks Bureau, Division of he Public Safety Department, for his dedication and service to Seminole County and its residents upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Arbelius who addressed the Board to express his appreciation to the Board and his co-workers.
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Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-40, as shown on page _______, proclaiming the week of March 21-25, 2005 as “John E. Polk Correctional Facility Jail Chaplain Appreciation Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Pastor Bob Gregory who addressed the Board to express his thanks and to invite Commissioners to their annual dinner on Friday night.
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Motion by Commissioner Carey, seconded by Commissioner Morris to adopt appropriate Resolution #2005-R-42, as shown on page _______, expressing appreciation to the SODA POPS of Miriam & Valerie’s School of Dance Arts for their dedication in helping global neighbors in South Asia following the tsunami disaster.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Miriam Docktor and Valerie Weld. Valerie Weld addressed the Board to express her thanks and to invite everyone to attend the show at the Helen Stairs Theater on April 9.
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Motion by Commissioner Morris, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-45, as shown on page ________, proclaiming April as “Child Abuse and Neglect Prevention Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Nancy Crawford, Kids House, who addressed the Board to express her appreciation and to invite everyone to attend a memorial service in remembrance of children who have been abused or died from abuse. She said this will kick-off the April campaign.
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Motion by Commissioner Dallari, seconded by Commissioner Morris to adopt appropriate Resolution #2005-R-44, as shown on page _______, proclaiming April 4 – 10, 2005, as “Seminole County Public Health Week”.
The Resolution was presented to Michael Napier, Seminole County Health Department, who addressed the Board to express his appreciation for the Board’s support and their commitment to public health.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-43, as shown on page _______, proclaiming April 8, 2005 as “Seminole County Farm Tour Day”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Imogene
Yarborough and Jack Vaughan who addressed the Board to express their
appreciation and to distribute a brochure (not received & filed) on
agriculture in
Written Comment Forms from Ms. Yarborough was received and filed.
The
Commissioner Dallari requested that an
update to the
Commissioner Carey stated she was going to request a work shop on the redevelopment of 17-92.
Kevin Fall, Economic Development, addressed the Board to advise the CRA has been extended through the year 2017 and any change to the redevelopment plan would require the participating cities to agree.
Upon inquiry by Commissioner Carey, Kim Lorenberg, Stormwater Management, addressed the Board to advise with regard to Item #20, Watershed Action Volunteer Program, volunteers are trained to go out and do educational water conservation and watershed education to teach people how to reduce pollution going into the storm drains.
Commissioner Carey stated that the Seminole Soil & Water Conservation District seems to do a lot of the same things. She suggested there be a coordinated effort by both parties.
Discussion ensued with regard to Item #16,
scheduling a public hearing for the improvement alternative for the
intersection of SR 436 and
The Chairman stated Item #16 will be pulled and reconsidered after the Board has acted on the proposed new public hearing policies (Item #38).
Motion by Commissioner Carey, seconded by Commissioner Dallari to approve and authorize the following:
Administrative Services
Support Services
7. Approve and authorize Chairman to execute the Fourth Renewal and Fifth Amendment, as shown on page _______, to the Seminole County Probation Office lease.
Economic Development
8. Request acceptance of
Fiscal Services
Administration
9. Resolution #2005-R-46, as shown on page _______, to ratify issuance
by the Orange County Housing Finance Authority of multi-family mortgage revenue
bonds for the proposed multi-family development, Covington Club Apartments, in
Purchasing
10. Approve a proprietary source
procurement and award M-485-05/PWM, as shown on page _______, Pavement
Management Program, to Infrastructure Management Services, Inc. (IMS) of
Library & Leisure Services
11. Approve and authorize Chairman
to execute a Hold Harmless Agreement, as shown on page _______, for an Antique
Car Show with Celery City Cruisers to be held on the grounds of the
Planning & Development
Community Resources
12. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for Rachel L. Knight for household assisted under the SHIP Program’s Home Ownership Assistance Program and the Emergency Repair Housing Program.
Development Review
13. Approve and authorize Chairman to execute a Minor Plat for four (4) single-family residential lots at Buck Lake Estates located on CR 426 south of SR 46 (John L. Eichner).
14. Approve and authorize Chairman
to execute the Final Plat for Spring Creek Subdivision located on the north
side of
15. Approve and authorize Chairman to execute a Minor Plat for Jones Replat at Alaqua Lakes located on the west side of Markham Woods Road and further described as 2144 Alaqua Lakes Boulevard (Linda Jones).
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
Litigation
22. Approve proposed settlement relating to Parcel Number 103 of the Lake Emma Road improvement project, located on the east side of Lake Emma Road south of Greenwood Boulevard, in the amount of $16,000.00, inclusive of land value, severance damage, statutory interest, attorney’s fees and costs, Crossings Master Community Association, Inc. property.
23. Approve and authorize execution
of Subordination of Utility Interest Agreement, as shown on page _______,
relating to Parcel Number 108 of the Airport Boulevard Phase II road
improvement project, between the County and the City of
Property Acquisition
24. Authorize Binding Written
Offers/Offers of Judgment relating
to Parcel Numbers 701, 702, 704, 718, 719, 151 of the
25. Authorize Binding Written
Offers/Offers of Judgment relating to Parcel Numbers 102 and 110 of the
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the following:
Clerk’s Office
26. Expenditure Approval Lists, as shown on page _______, dated February 21 & 28, 2005; and Payroll Approval List, as shown on page _______, dated February 24, 2005.
27. Chairman to execute the Satisfactions of Judgment/Court Costs for James Kenneth Lynch, #02-3709-CFA - $478; and Gerardo Caraballo, #99-2632-CFA - $96.84.
28. Approval of Official BCC Minutes dated February 22, 2004.
29. Noting, for information only the following Clerk’s “received & filed”:
1. First Amendment, as shown on page _______, to Agreement IFB-3063-JVP with Harcros Chemicals, Inc.
2. First Amendment to Agreement, as shown on page _______, IFB-3072-03/JVP with Harcros Chemicals, Inc.
3. Amendment #2, as shown on page _______, to Work Order #6 for PS-5150-03, Water & Air Research, Inc.
4. Work Order #8, as shown on page _______, to CC-1188-02, One Source Roofing, Inc.
5. Copy of memorandum to Lisa Spriggs from Bruce McMenemy regarding BCR 05-019.
6. Basic Contract #M-483-05, as shown on page ________, TLC Diversified.
7. Change Orders #1, as shown on page _______, to Work Orders #27 & #28, CC-1212-03, Homes In Partnership, Inc.
8. Order from the Public Service Commission regarding Docket No. 030998-WS, CWS Communities LP d/b/a Palm Valley Utilities.
9. Work Order #25, as shown on page ________, to PS-586-01, S2LI, Inc.
10. Work Order #2, as shown on page ________, to PS-5147-03, Inwood Consulting Engineers, Inc.
11. Original Interlocal Agreement, as shown on page ________, with the Seminole County Sheriff’s Office regarding code enforcement as approved by the BCC on June 10, 2003.
12. Change Order #6, as shown on page _______, to CC-1196-02, HDR-Construction Control Corp.
13. Work Order #5, as shown on page _______, to PS-5166-04, GLE Associates, Inc.
14. Work Orders #25, #26, #27, #28, #29, #30, #31, and #33, as shown on page _______, to CC-1220-03, TLC Diversified, Inc.
15. Adopted
16. Notices from the Public Service Commission regarding Docket No. 040130-TP, Joint Petition by Newsouth Communications Corp.; Nuvox Communications, Inc.; KMC Telecom V, Inc.; KMC Telecom III LLC; and Xspedius Communications, LLC; and Docket No. 041114-TP, Complaint of Xo Florida, Inc. against BellSouth Telecommunications, Inc.
17. Basic Contract #M-482-05, as shown on page ________, TLC Diversified.
18. Work Order #6, as shown on page ________, to PS-5165-04, Inwood Consulting Engineers.
19. Amendment #1, as shown on page _______, to Work Order #7, PS-5144-03, CH2M Hill.
20. Agreement RFP-4235-04, as shown on page _______, with Varsity Courts, Inc.
21. Term Contract for IFB-3101-05, as shown on page _______, Cyber Access Control LLC.
22. Work Order #32, as shown on page _______, to CC-1220-03, Rexel Mader Motor & Control.
23. Memorandum to
the BCC from Kevin Grace,
24. Memorandum to
Kevin Grace,
25. Third Amendment, as shown on page _______, to IFB-3049-02 Agreement with Fausnight Stripe & Line, Inc.
26. Work Order #9, as shown on page _______, to PS-5165-04, KDR Engineering, Inc.
27. Work Order #11, as shown on page _______, to PS-5165-04, Keith and Schnars, P.A.
28. Work Order #9, as shown on page _______, to PS-5144-03, PEC, Inc.
29. Recorded Amended Mortgage Deed, as shown on page _______, for Willie J. and Catherine J. Warren.
30. Conditional Utility Agreement, as shown on page _______, for Water Service with Graham Construction & Development, Inc.
31. Letters of
Acceptance and Bill of Sales, as shown on page _______, for water and sewer
systems within the projects known as
32. Letter of
Acceptance and Bill of Sale, as shown on page _______, for water, sewer, and
reclaim systems within the project known as
33. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with University Carillon United Methodist Church, Inc.; Unicorp National Developments, Inc.; and Seminole County Victim’s Rights Coalition, Inc.
34. Amendment to
the Conditional Utility Agreement, as shown on page _______, for Water Service
with Maronda Homes Inc. of
35. Conditional Utility Agreement, as shown on page _______, for Water Service with A. Lee and Carol Smith.
36. Letter of
Acceptance of water, sewer, and reclaimed water and Bill of Sale, as shown on
page _______, for the project known as
37. Customer Agreement for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement, as shown on page ________, for the project known as Lake Sylvan Cove - Lake Sylvan Cove HOA.
38. Conditional Utility Agreements, as shown on page _______, for Water Service with Talman Mews LLC and K & M Commercial Properties LLC.
39. Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service with Acorn Development Co.
40. Letter of Acceptance of the water, sewer and reclaimed water and Bill of Sale, as shown on page _______, for the project known as Heathrow International Business Center North.
41. Development Orders, as shown on page _______, for Mary Ruth Struble (#05-380000041) and Cornerstone Church of Orlando (#04-32000036).
42. Notice of
Further Hearing regarding US Bankruptcy Court Southern District of New York,
Winn-
43. Notice from the
Public Service Commission regarding Docket No. 041272-EI, Progress Energy
44. Memorandum to Sandy McCann, Commission Records Supervisor, from Becky Noggle, Environmental Services, regarding outstanding BCC document, Amended Exhibit G approved by the BCC on August 24, 2004.
45. Bids as follows: RFP-4236-04; IFB-3105-05; CC-1258-05; #2113-05; #2115-05; and RFP-4242-05.
Sheriff’s Office
30. Approve submittal by the Sheriff’s Office to the Federal Bureau of Justice Assistance (BJA) Grant Application for the purpose of reducing crime and improving public safety.
Supervisor of Elections
31. Approve and Authorize the Chairman to execute the acceptance of the Voter Education Grant Award and Budget Amendment Resolution #2005-R-48, as shown on page _______, recognizing $62,822 in additional revenues and correspondingly increasing the Supervisor of Elections Budget by an equivalent amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE UPDATE
Commissioner Morris expressed his concern about the rapid movement of certain bills i.e., impact fees, cell towers, and utilities, which would be removing home rule rights. He said it is clear that special interest groups are controlling the day over the people’s rights.
The Board voiced no objections to sending a letter to the Legislative Delegation outlining the Board’s concerns and objections. Commissioner Carey requested to see a copy of the letter prior to it being sent out.
Attorney Lee discussed the proposed Property Tax/Charter Cap Bill with the Board.
Upon inquiry by Commissioner Van Der Weide, Attorney Lee advised nothing has been introduced with regard to the Car Rental Surcharge. Commissioner Van Der Weide stated he believes a percentage should be used so the amount can grow, rather than tying it up with a straight $2.00 fee.
At the request of Commissioner Van Der Weide, Mr. Grace stated at the morning BCC meetings, staff will distribute the latest legislative information in the form of a hand-out.
The Chairman suggested moving the Legislative Update to the end of the day meeting.
Commissioner Morris requested Attorney Lee to report back to the Board on the 2004 hurricane windfall on sales tax.
Mr. Grace updated the Board on the legislation that would distribute red light running revenue to the trauma centers. He said, however, part of the formula includes local government contributions.
Chairman Henley stated he is opposed to any plan that would mandate county contributions to trauma centers.
Commissioner Morris suggested the Board send a letter voicing their objection to this.
Commissioners Carey and Dallari suggested activating the County’s trauma center task force. Commissioner Carey also suggested trying to get some support from the area hospitals. Whereupon, the Chairman requested Commissioner Carey spearhead this effort.
Commissioner Morris requested a briefing on the renewal of the Transportation Bill.
Attorney Lee advised that a week from
tomorrow is the Florida Association of Counties Legislative Day in
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The Chairman recessed the meeting at 10:45 a.m., reconvening it at 10:56 a.m.
LEGISLATIVE UPDATE, CONTINUED
Mr. Grace requested Board adoption of a resolution asking for the preservation and full funding of the CDBG Program.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution opposing the proposed elimination of the CDBG Program.
Under discussion, Commissioner Morris advised the proposal is not to eliminate the CDBG program; but is to reduce down the number of programs through an application process.
Attorney Lee advised the CDBG Program is disappearing from its present place and being moved to a different department and consolidated with other funding requests.
Commissioner Morris suggested including the words “or reduction” in the resolution.
Commissioner Carey suggested Commissioner Morris work with the Chairman on the language and bring it back to the Board for adoption.
The Chairman announced the motion will be delayed at this time, pending further review.
REGULAR AGENDA
Director of Economic Development, Bill
McDermott, addressed the Board to present request to recognize Sears Home
Improvement Products and Services as a “Qualified Targeted Industry”. He advised the company currently has 699
employees with current payroll taxes of $1.6 million. He said the new location will serve as the
national headquarters for Sears Home Improvement Products, the largest
subsidiary outside of its
Motion by Commissioner Dallari, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-50, as shown on page _______, recognizing Sears Home Improvement Products and Services as a “Qualified Targeted Industry”.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Dallari, seconded by Commissioner Carey to approve and
authorize the Chairman to execute an Interlocal Agreement, as shown on page
_______, between
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. McDermott presented request to
recognize Remington Administrative Services, Inc., as a Qualified Targeted
Industry, advising all 22
Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-51, as shown on page ________, recognizing Remington Administrative Services, Inc. as a “Qualified Targeted Industry”.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Rebecca Hammock, addressed the
Board to present the revised site plan modification for the Wekiva Centre II,
located on the west side of Wekiva Springs Road, north of SR 434 and south of
Sabal Palm Drive in Section 03/Township 21 South, Range 29 East, Mayo
Graham. She advised the plan calls for a
two-story office building consisting of 19,200 square feet on 1.52 acres. The office will have direct access from
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the revised Site Plan Modification for Wekiva Centre II, located on the west side of Wekiva Springs Road, north of SR 434 and south of Sabal Palm Drive in Section 03/Township 21 South, Range 29 East, Mayo Graham, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Director of Administrative Services, Jamie Croteau, addressed the Board to request renewal of the County’s Group Health Insurance Program. She advised the Risk Management Committee recommended approval by a vote of 3-0.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve and authorize the Chairman to execute the renewal of the County’s Health Insurance Program with United Healthcare, effective January 1, 2006 at a 5% rate increase with no benefit changes.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace advised of three separate funding
requests from: (1) Office of Supervisor of Elections; (2)
Mr. Grace stated under the Help America Vote Act, there is a requirement that there must be one handicapped-accessible voting system for each precinct and this requirement must be implemented by July 1, 2005.
Supervisor of Elections, Michael Ertel,
addressed the Board to advise this is basically an unfunded mandate. He said the State has provided $447,022;
however this amount is insufficient to fully implement the program by
approximately $180,000 because the State allocated its funding based on the
numbers of polling locations, as opposed to the number of precincts.
Commissioner Carey stated that with this being the middle of the budget year, rather than going with 138 machines recommended by Mr. Ertel, she would propose 126.
Mr. Ertel stated reducing the number to 126 would save the County $54,000. He said the Board could do that, but it should be with the understanding that he will be coming back to the Board during the next budget cycle for the remaining machines.
Commissioner Carey stated that in talking with Mr. Ertel, she has suggested reducing the number of precincts. Chairman Henley also stated he has asked Mr. Ertel to look at the possibility of reducing the number of precincts.
Mr. Ertel advised he could maybe eliminate 3 to 5 precincts.
Commissioner Van Der Weide commented early voting will have a tremendous impact.
Mr. Ertel said 126 machines is the bare minimum, but he would like to have 10% extra in case a machine doesn’t work or is broken.
Commissioner Carey stated that with 126 machines, the County would be in compliance with the law and then he could go back and reduce the number of the precincts in order to have the spare machines as back-up.
Commissioner Van Der Weide said he believes the Board needs to be careful and fund enough machines; and he is prepared to support the Supervisor of Elections on this issue.
Mr. Ertel stated he would prefer to acquire all the machines at once in order to get a better price.
Motion by Commissioner Carey, seconded by Commissioner Morris to appropriate the funds for 126 voting machines ($126,978) in order to meet the State mandate on July 1, 2005, with consideration of any spare machines to be taken up during normal budget time; and to request the Supervisor of Elections look at reducing the number of precincts.
Under discussion and upon inquiry by Commissioner Dallari, Mr. Ertel advised the delivery time for these machines is two weeks.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris requested Mr. Ertel be placed on the priority work session list for discussion on new technology.
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Mr. Grace advised the next funding request
is from the
Commissioner Carey stated she is liaison to the Mental Health Board and she understands the concerns about the budget and processing this mid-year. However, she said she would like to see the Mental Health Board take advantage of the $1.5 million funding from the State and would recommend the Board commitment to $50,000.
Jim Berko, Executive Director, addressed the Board to state if the County makes a funding commitment for October 1st, he will be able to leverage that for the State funding.
Chairman Henley expressed his concern with an organization such as this applying for a grant before coming to the Board first. He suggested that in the future Mr. Berko alert the Board to these types of requests prior to applying.
Commissioner Carey stated this program is very important and this is an organization that needs help.
Motion
by Commissioner Carey, seconded by Commissioner Dallari to appropriate $50,000,
to be available October 1, 2005, for the
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Grace presented the final funding request from the Seminole Soil & Water Conservation District for $25,000 to accomplish a number of programs outlined in the agenda memorandum. He advised the County has funded this organization in the past and made a decision a couple years ago to not fund them in the future. He said that because of the hurricanes and this being mid-year, he would recommend denial of the request.
Michael Barr, Chairman of the Seminole Soil and Water Conservation District, addressed the Board to state they have made strides to expand their programs and have become a victim of their own successes.
Commissioner Morris stated that when the Board removed funding a couple of years ago, they did that because there were a lot problems and the County did not see the District accomplishing much. However, that situation has been turned around with new people and a lot of successes.
Commissioner Van Der Weide said that historically speaking, the effort of the District was dismal at best; however, the people that are involved now and their effort is something that the citizens can be proud of, therefore he can support the request for $25,000.
Upon inquiry by Commissioner Dallari, Mr. Barr advised the soil surveys they do are available to anyone who request them. Whereupon, Commissioner Dallari stated he would like to see a link from the County’s web site to the District’s. He also stated that he would like to have quarterly updates from the District to see what is going on.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve funding in the amount of $25,000 to the Seminole Soil & Water Conservation District, subject to them performing financial and project audits.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Chairman Henley, Mr. Grace advised this money will come out of the General Fund.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to authorize the Chairman to execute the appropriate Budget Amendment Resolution #2005-R-59, as shown on page _______, in the amount of $126,278, and Resolution #2005-R-60, as shown on page _______, in the amount of $25,000 for the approved funding requests associated with Item #37.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planning Manager, Matt West, addressed the Board to request direction with regard to continuances of public hearings and scheduling of public hearings. He briefly outlined staff’s recommendation.
Commissioner Morris stated he believes the proposal is what the Board was trying to get to with regard to the regular continuances requested by applicants. With regard to the large scale plan amendments, he would concur with staff’s recommendation, but include that the Board could continue the process. He said this would put some flexibility in the policy. He also said that he would agree with holding all public hearings during the day, except those that are required by law to be at night and those that are required by majority vote of the BCC.
Upon inquiry by Commissioner Carey, Mr. West advised staff will bring the schedule of the large scale amendments for Fall and Spring to the Board during the second meeting in April.
Mr. West stated that with regard to the continuance policy, only two continuances may be granted by request of the applicant and if a third is requested, the application must be withdrawn and resubmitted to start the process over, which includes a new application fee. However, the Board could continue the item if they chose.
Commissioner Morris stated this brings discipline to the process.
Motion by Commissioner Morris, seconded by Commissioner Carey to approve staff’s recommendation to establish policies for continuing public hearings and for scheduling public hearings, as shown on page _______, including that a majority vote of the Board can continue the large scale plan amendment cycle and can schedule public hearings at night.
Under discussion, Commissioner Van Der Weide stated he agrees with everything said, but he has concern about restricting public hearings to afternoon sessions only. He said he believes it is denying the public’s access to the Commission and he will not be able to support the motion for that reason.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
Item #39, Big Tree Park Improvements, and Item #40, Paradise Marketing Contract, were continued to the afternoon meeting.
PUBLIC HEARINGS
Mr. Grace advised that staff is in receipt of a request for continuance with regard to Item #45, Mikler Shoppes, Javier E. Omana.
The Board voiced no objections to continuing this item.
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The Chairman recessed the meeting at 12:11
p.m., reconvening at 1:31
p.m., with all Commissioners and all other Officials, with the exception of
Deputy Clerk Sandy McCann who was replaced by Deputy Clerk Carylon Cohen, who
were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to authorize filing the proofs of publication
for today’s scheduled public hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
AND REZONE/THOMAS
DALY, Continued
Continuation
of a public hearing from December 14, 2004, January 25, 2005, and March 8, 2005
to consider approval of the Walden Chase Small Scale Land Use Amendment from
Planned Development (PD) to Planned Development (PD); PUD Major Amendment from
Commercial to Residential; approval of Final Master Plan and Developer’s
Commitment Agreement; and Rezone from PUD to PUD on approximately 8.1 acres
located on the north side of Palm Valley Drive, 600’ east of Alafaya Trail; as
described in the proof of publication, Thomas Daly.
Chairman
Henley said he believes the Board indicated at the last meeting that they
closed the public input so there will not be any additional public input given
today unless a Commissioner has a particular question from someone in the
audience.
Jeff
Hopper, Senior Planner, addressed the Board to present the request. He advised Chairman Henley that a letter (not
received and filed) was received for a continuation of the Final Master Plan
but not for the entire request. He
stated this item was continued from March 8, 2005, to allow additional time to
review some last minute updates to the proposal. The request is for a 74-unit townhouse
development at a maximum density of 11.6 units per net buildable acre. The original site plan indicated access to
Motion by Commissioner Dallari to adopt
Ordinance #2005-11, as shown on page _______, approving the Walden Chase Small
Scale Land Use Amendment to PD (Planned Development); and to adopt Ordinance
#2005-12, as shown on page _______, approving rezoning from PUD to PUD on
approximately 8.1 acres, subject to the amended Development Order, as shown on
page _______; property located on the north side of Palm Valley Drive, 600’
east of Alafaya Trail; as described in the proof of publication, Thomas Daly,
with the following amendments: (1) Page
2 of the Development Order, Item 4.C., change the density from 11.6 maximum
dwelling units to 10 maximum dwelling units per acre; (2) Page 4, delete
Condition K and replace with the following:
“The developer shall record a cross access easement of adequate width to
accommodate a cross access road through the project that allows two-way traffic
to travel between Park Road and Palm Valley Drive and also to provide access to
the parcel located at the northeast corner of Palm Valley Drive and Alafaya
Trail. The developer shall complete the
construction of said cross access road and record the cross access easement
prior to the issuance of the first certificate of occupancy for the project. The cross access road shall be located
adjacent to and parallel to the west property line of the project. The details of its final location, design and
construction shall be determined during the Final Master Plan review
stage. Access will be allowed onto
Commissioner
Morris seconded the motion for
discussion. He asked what transportation
purpose the cross access road fills. Mr.
Hopper stated he understands the cross access would extend from Palm Valley to
Park Road to provide an access point internal into Walden Chase as well as
access to the other portion of the Fradkin property outside the PUD. It would allow residents of the development
to have access to the stop light at
Commissioner
Dallari pointed out that everyone wants to use the traffic light and his motion
is to do that without cutting through existing subdivisions. That’s the reason for his change in the
development order.
Districts
1, 2, 3, 4 and 5 voted AYE.
Written
Comment Form for Bill Parrish was submitted to the Record.
DOCK AND BOATHOUSE
SPECIALTY MARINE
CONTRACTORS
Continuation
of a public hearing from March 8, 2005, for consideration of approving
construction of a dock and boathouse structure for the Jefferson residence
located at 7060 Sylvan Lake Drive on the southwest quadrant of Sylvan Lake; as
described in the proof of publication, Specialty Marine Contractors.
Tom
Radzai, Development Review, addressed the Board to present the request, stating
this hearing was continued to allow the contractor additional time for field
staking of the boat dock location. The
applicant is requesting waiver approval for the construction of 1,298.4 square
feet of dock and boathouse. He said the
structure meets all the Land Development Code requirements, but requires a
public hearing due to its size, as the threshold exceeds the 1,000 square feet
maximum. The Florida Department of
Environmental Protection has issued a permit for the structure. Staff is recommending waiver approval based
on the plans as submitted.
Wade
Jefferson,
Michael
Anthony, Specialty Marine Contractors, addressed the Board to show on an aerial
map (received and filed) the natural shoreline of the lake. He explained this boat dock would actually
only protrude 150 feet into the lake. He
pointed out other boat docks protruding even farther.
No
one else spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Morris, to approve construction of a dock and boathouse
structure for the Jefferson residence located at 7060 Sylvan Lake Drive on the
southwest quadrant of Sylvan Lake, as submitted in the plans; as described in
the proof of publication, Specialty Marine Contractors.
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE
AND ABANDON/MORRISON HOMES
Proof
of publication, as shown on page _______, calling for a public hearing to
consider vacating and abandoning a remnant portion of a 50-foot right-of-way on
Paulinda Avenue lying east of Lot 13, Adell Park, Morrison Homes, received and
filed.
Michael
Rumer, Planner, addressed the Board to present the request.
Commissioner
Carey asked if there was a reason why this entire piece was not vacated at the
same time. Mr. Rumer stated an adjacent
property owner spoke at the meeting during that time, and the decision was made
to scale back the original vacate.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to adopt appropriate Resolution #2005-R-49,
as shown on page _______, vacating and abandoning a remnant portion of a
50-foot right-of-way on
Districts
1, 2, 3, 4 and 5 voted AYE.
VACATE AND
ABANDON/LINDA
FOSTER
AND WANDA PERKINS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of Resolution vacating and abandoning an approximately 20’
wide by 470’ long section of an unnamed alleyway (approximately 9.22 acres)
running north/south into Lake Mills Road, Linda Foster and Wanda Perkins,
received and filed.
Mr.
Rumer presented the request.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Morris, to adopt appropriate Resolution #2005-R-53, as
shown on page _______, vacating and abandoning an approximately 20’ wide by
470’ long section of an unnamed alleyway (approximately 9.22 acres) running
north/south into Lake Mills Road; as described in the proof of publication,
Linda Foster and Wanda Perkins.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S BRIEFING, Continued
Suzy
Goldman, Library & Leisure Services Director, addressed the Board to give
an update on improvements at The Big Tree Park.
She advised several of the improvements have been completed. She showed before and after photographs (not
received and filed) of the work being done.
She acknowledged the Sheriff’s Office for their efforts in the improvements
at the park. Ms. Goldman requested the
Board to approve naming the companion tree “Lady Liberty” (winning name
submitted by Geneva Elementary School) so staff can proceed with dedication of
the park on April 14, 2005, at 10:00 a.m.
Commissioner
Morris stated that the more they put into the park, the more they can attract
people back to it. He said the Cross
Seminole Trail will also go through the park.
He said they did not do everything it would be nice to do. He advised that the Superintendent of Schools
has authorized the Geneva Elementary class to come out on the day of the
dedication and the companion tree will be officially named at that time.
Motion by Commissioner Morris, seconded
by Commissioner Carey, to name the sister/companion tree “Lady Liberty” and
authorize the appropriate letter of appreciation to go to the Geneva Elementary
School Principal, the teacher and students who participated in the naming.
Under
discussion, Commissioner Carey stated she is thrilled to see they are trying to
bring this park back; it has been a major part of the community for many
years. She asked Ms. Goldman if a sign
will be put up identifying the year.
Ms.
Goldman advised the Board that two signs have been ordered.
Commissioner
Morris stated he is hoping to come back during the budget time to take the next
step of improvements.
Commissioner
Van Der Weide suggested passing a Resolution to recognize the elementary class
for their participation at a Board meeting and have them shown on SGTV. Whereupon, Chairman Henley said hopefully the
class will be recognized at the dedication.
Ms.
Goldman said Patty Michels, Information Director, will be putting together the
program and taking care of all the details.
Ms.
Goldman advised Commissioner Dallari that she was planning for SGTV to be at
the dedication and do the filming.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Bill
McDermott, Economic Development Director, briefed the Board on the Paradise
Advertising Contract, stating they want to add some economic development
expenditures to create some promotional items for the County. He explained they have worked with Paradise
Advertising to outline what he thinks is an aggressive program of creating some
collateral materials, including something that would be provided to companies
interested in looking at Seminole County and a rack brochure that can be mailed
or distributed at meetings. Also, they
have looked at creating a CD that would have a lot of information about the
County, including photography and possibly a video, that would also be
distributed and would drive people to the County’s web site. He said it will take $6,000 over a six-month
period to create and produce these materials.
They have added the creation of an Economic Development Video, or this
can be done as a CD. He stated they need
some photography done in order to capture some aspects of the County they would
like to promote. He said the addition to
the Paradise Contract was $88,519 for economic development.
Commissioner
Carey stated a video is not always the best technology available. She would hate to spend $32,000 for a video
that is going to sit on someone’s desk.
She explained someone may be sent a video at their office and have no
way to look at it, whereas if they received a CD, that could be played on the
computer at the office. She thinks the
people they would be sending information to on economic development would be
more into DVD and CD than a video. She
said she doesn’t have a problem with any of the proposal except the video
project.
Whereupon,
Mr. McDermott said once the photography and anything else is produced and
created, the County will own it. So, any
and all other County departments that would have use for this information would
have access.
Commissioner
Van Der Weide stated he wants to make sure there is no intermingling of the
funds and there be a problem down the road.
Suzan
Bunn, Tourism Development Director, addressed the Board to state the money
would come out of the different funds.
Commissioner
Dallari agreed that there should be a CD instead of a video. He asked if the video would be of the whole
County or one particular corridor. Mr.
McDermott answered the video would be of the whole County.
Whereupon,
Commissioner Dallari asked if the Cities are being contacted to find out how
they would be incorporated and for them to give their share of the
funding. Mr. McDermott said the work on
this has not been started and he has not even gotten to the scope of the work
yet. He said the idea of including the
cities does make a lot of sense.
Commissioner
Dallari said he wants to make sure it is set up and if they are going to be
doing a video in relationship to the cities, the County should contact the
cities to see if they want to pay their pro rata share if they want to be
included.
Chairman
Henley said the County would be subject to criticism if the County produces the
video and highlights one or two cities and exclude the others. Whereupon, Commissioner Dallari said all the
cities should be sent a letter advising them what the County is doing to give
them the ability to respond yea or nay to be included.
Commissioner
Morris said traditionally what is done is to sell the County as a whole making
reference to housing stock, quaint downtowns, and historical redevelopment of
the seven cities. He said there could be
some specifics the cities may want the County to mention and they can do that,
like any exciting new projects.
Generally, this is a component issue where they try to hit on what the
advantages of the whole community is.
Discussion continued.
Commissioner
Van Der Weide asked aren’t they really talking about DVD’s and not CD’s. The staff agreed with that.
Commissioner
Carey asked if the figures would change if a video production is not done. Mr. McDermott said his understanding is that
the figure would still be close to the one given, although it might not be
quite as much.
Chairman
Henley asked Mr. McDermott to check out that figure as he understands staff is
getting input from the Board today and will come back with some proposals or
amendments to implement.
Mr.
Grace said staff anticipates coming back at the next meeting with the
implementation. Chairman Henley said
staff would have the answer to the question raised about video vs. DVD at that
time.
Commissioner
Dallari stated he would like to see at that time if there is any interest from
any of the seven cities.
Ms.
Bunn announced that journalists from the
PUBLIC
WORKS/Engineering Continued
The
Board continued discussion of Item #16, Authorize scheduling and advertising a
public hearing for April 26, 2005, for the adoption of an improvement
alternative for the intersection of State Road 436 and Red Bug Lake Road.
Commissioner
Morris said this is not a rush item. He
said when they schedule another night meeting, it might be appropriate to
schedule this item. Because of the
nature of the extreme cost, he thinks it might be appropriate to do that. He advised he would want to wait and schedule
the hearing at the discretion of the Manager with the Chairman.
Mr.
McCollum stated he is trying to get the report finalized to transmit to the
State and
Commissioner
Carey said she did not have a problem with that date. She said this is a big project and a lot of
people affected by the movement of the traffic are those who are on their way
to work.
Upon
checking the calendar, Mr. Grace said it doesn’t appear another hearing is
scheduled for that night.
Upon
inquiry by Commissioner Morris, Mr. McCollum stated he is looking at
construction for Year 2009, plus or minus.
He is forecasting to go after right-of-way in Year 2006 to 2007. Whereupon, Commissioner Morris said clearly,
they have a month or two to “play” with a date.
Mr.
Grace asked if the Board will authorize staff to schedule the public hearing at
his discretion or he review it with the Chairman before finalizing and they
will plan on the 7:00 p.m. time.
Motion by Commissioner Morris, seconded
by Commissioner Carey, to authorize the County Manager and Chairman to schedule
the Public Hearing for the adoption of an improvement alternative for the
intersection of State Road 436 and Red Bug Lake Road at the appropriate meeting
whenever other activities are planned.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE, Continued
The
Board considered adoption of the Resolution regarding CDBG as presented earlier
today. An amended Resolution (not
received and filed) was presented to the Board.
Commissioner
Morris stated the amended Resolution covers the subject thoroughly.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to appropriate Resolution #2005-R-52, as shown
on page _______, regarding reducing the CDBG Program.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Henley recommended the appointment of Russell McLatchey to fill the unexpired
term on the Fred R. Wilson Memorial Board of Trustees ending January 1, 2007.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to appoint Russell McLatchey to the Fred R.
Wilson Memorial Board of Trustees to fill the unexpired term ending January 1,
2007.
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to adopt appropriate Resolution #2005-R-54, as
shown on page _______, of appreciation to Tom Speer for his service to the Fred
R. Wilson Memorial Board of Trustees.
Districts
1, 2, 3, 4 and 5 voted AYE.
-----
Chairman
Henley reported at the last two meetings of the Tourist Development Council,
there have been considerable discussion about the commitment the BCC made in
1999 when they entered into a ten-year contract with the City of
Commissioner
Van Der Weide said he thinks the
Chairman
Henley said they can make the request known to the City at the time they get
the data and it is appropriate to decide whether or not there has been a breach
in the agreement.
Commissioner
Dallari asked Mr. Grace to also inquire what progress the City is at and at
what level, and how much further they have to go with the stadium.
Upon
inquiry by Commissioner Carey, Mr. Grace said it’s generally the department’s
job who is supervising overseeing the contract that is responsible for making
sure the County gets the information.
Commissioner
Carey stated there are a lot of these agreements and the County should
certainly be monitoring them.
Commissioner
Morris said it is clear they need to look into this. He asked that when Mr. Grace pull this
information together, to get the file from Chairman Henley on this.
-----
Chairman
Henley said he hopes the Board members received a copy of Chief Judge Perry’s
request for immediate action for security at the old Courthouse. He has met with Mr. Grace on this and he has
staff looking into the request. The
County will be ready soon to begin renovations at the old Courthouse.
Mr.
Grace said staff is planning to bring the renovation of the old Courthouse to
the Board at one of the upcoming meetings to get direction on how much they
want to put into that. He thinks there
is more money available than thought originally, so the Board may want to
consider some of the suggestions by Chief Judge Perry or others.
Commissioner
Van Der Weide stated as the Sheriff is in charge of security, he should
certainly be included in any recommendations.
There could be a difference of opinion.
Chairman
Henley advised also that Jeanne Gold’s program
was looking for space at the Courthouse and he believes she was able to
locate some space there.
Commissioner
Morris stated they are acutely aware and saddened by the deaths of the Judge,
detention official and others in
Chairman
Henley stated that is exactly the position he and the
Commissioner
Morris commented what happened in the
-----
Chairman
Henley advised of a letter received from the Orlando Philharmonic Orchestra
Director requesting $5,000 for a May performance at The Springs in
Longwood. He believes when the Board
received that request before, they did not act until they received a request
from the Mayor.
Commissioner
Carey stated she would like to see the Board have a set dollar for the arts and
all of these kinds of things that come before them for funding. Most of these events are planned well in
advance with the cities and she would like to see the Board have joint
opportunities. She said she has some
issues about where some of the money goes, and she would not feel comfortable
acting on these one at a time.
Chairman
Henley added that the time for this activity is May 14, and that’s why he’s
bringing it up. He said there is a
request coming from United Arts. At
their meeting, United Arts provided some information he was not aware of and
they will have to deal with that.
Commissioner
Morris said Commissioner Carey raised a good point when she said they need to
look at all the programs together, not individually. He said he doesn’t like any money being given
to anything that doesn’t have an audit capability.
Commissioner
Dallari suggested contacting The Springs organization about the request from
the Philharmonic.
Commissioner
Carey stated they have planned this event without the County’s input, so they
have figured out some way to fund it.
That would be the discussion she would like Mr. Grace to have. She asked if this is an afterthought to come
ask the County for funding.
Mr.
Grace said he thinks they are asking because they recall the City of Winter
Springs getting $5,000 from the County last November.
Chairman
Henley stated that was the reason for his comments this morning. What he was trying to say all along is once
you let the gate down, then you’re going to be flooded, and one request is as
justified as the other in the minds of the constituents.
Commissioner
Van Der Weide said he thinks this is in response to what the Board did in the
past recently, and he expects all the cities to come forward now.
Commissioner
Dallari stated he hears the Board saying there should be a process and a time
line and budget. As long as they conform
to the budget and time line, there should not be a problem.
Mr.
Grace stated unless the Board wants to go ahead and do something on this
particular request, he suggests looking to the next budget year to set an
amount for community events and not deal with anymore during this fiscal year,
unless the Commissioners want to bring something forward.
Commissioner
Van Der Weide said he is interested in seeing how much money they have and how
they are going to fund all the community programs.
Upon
inquiry by Chairman Henley, Commissioner Morris suggested the Chairman advise
the Orlando Philharmonic Director that this request will be considered next
year if the event is considered.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated 3/4/05 to Chairman from John O Agwunobi, MD, Secretary-Department of
Health re: Appreciation for increase in
lease space in
2. Letter
dated 3/14/05 to Chairman from T. J. Levey, President Palm Valley HOA re: Centex Homes Development. (cc:
BCC, Co. Manager, Deputy Co. Managers, Planning Director, Planning
Manager, Co. Attorney)
3. Notice
of Customer Service Hearings for Petition for authority to recover prudently
incurred storm restoration costs related to 2004 storm season. (cc:
BCC, Co. Manager, Deputy Co. Managers, Co. Attorney)
4. Memorandum
dated 3/11/05 to BCC from Suzy Goldman, Library & Leisure Services Director,
re:
5. Letter
dated 3/10/05 to BCC from Gloria Wade, The Animal Welfare Alliance of Central
Florida, re: New state-of-the-art Animal
Shelter.
6. Copy
of memorandum dated 3/11/05 to Sandy McCann, Supervisor, Co. Commission Records
Office, from Becky Noggle, Sr. Coordinator, Environmental Services, re: Submissions into Co. Records.
7. Notice
of City of
8. Letter
dated 2/28/05 to Chairman (with attachment) from John Saboor, Executive
Director, and Doug Barclay, Seminole Co. Marketing Manager, re: January Sport
Commission activities.
9. Copy
of letter dated 3/7/05 to Heidi Hughes,
10. Copy of letter dated 3/7/05 to Margaret Rosack
from Jane Peterson, Library Services Manager, re: Thank you for donation to the five branch
libraries.
11. Letter dated 3/7/05 to Chairman from Margot
Knight, President & CEO, United Arts, re: Appreciation for payment and support. (cc:
BCC, Co. Manager, Deputy Co. Managers)
12. Notice and agenda for 3/16/05 Seminole Co.
Port Authority meeting.
13. Contract for services, as shown on page
_______, between Seminole Co. Government and the following: Daniel Keating (Tennis instructor) and Emilio
Quagliano, Jr. (Slowpitch Softball Scorekeeper).
14. Memorandum dated 3/17/05 to Chairman and Kevin
Grace, Co. Manager, (with attachment) from Commissioner Randall Morris re: Combined Services Commission.
15. Copy of letter dated 3/14/05 to Commissioner
Dallari (with attachments) from T. J. Levey, President, Palm Valley Homeowners
Association, re: Shared Access to
16. Letter dated 1/25/05 to Chairman from Carrie
Sekerask, President, Fla. Chapter, The Wildlife Society, re: Opposition to trap, neuter and release
programs. (cc: BCC, Co. Manager, Deputy Co. Managers, Animal
Services Manager)
17. Memorandum dated 3/17/05 to BCC (with attached
After Action Report) from Kenneth
Roberts, Director of Public Safety, re: Response to Commissioners’ comments &
questions to the subject report.
18. Memorandum dated 3/17/05 to BCC from Lisa
Spriggs, Fiscal Services Director, re: Bond
Issuances for Water and Sewer Revenue Refunding Bonds and Limited General
Obligation Bonds.
19. Memorandum dated 3/15/05 to Chairman from
Suzan Bunn, Director, Tourism Development, re: Historical Sanford Memorial Stadium Contract.
20. Letter dated 3/11/05 to BCC from Mike Snyder,
Executive Director, Orlando-Orange Co. Expressway Authority, and George
Gilhooley, PE, District Secretary-Fla. Department of Transportation, District 5,
re: Wekiva Parkway Project Kick-Off
notification. (cc: Co. Manager, Deputy Co. Managers, Public
Works Director, Co. Engineer)
21. Minutes of 1/26/05 Seminole Co. Agricultural
Advisory Committee meeting.
22. Notice of City of
23. Letter dated 3/14/05 to Chairman from James
E.C. Perry, Chief Judge, re: Courthouse
security. (cc: BCC, Co. Manager, Deputy Co. Managers, Co.
Attorney)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Dallari announced that this coming Saturday (March 26, 2005) at 9:00 a.m., the
City of
-----
Commissioner
Dallari stated last evening he met with residents along SR 426 and
Commissioner
Morris said that would be if Chairman Henley removes him from that board. He said he’s been filling in for the District
1 Commissioner to allow him time to be ready to take on the challenge.
Chairman
Henley said he considers that as Commissioner Morris’s resignation and
appointment of Commissioner Dallari to the South Seminole North Orange County
Wastewater Transmission Authority Board.
Commissioner
Dallari expressed appreciation to the Goldenrod Chamber for allowing them to
hold the meeting at their facility last night.
-----
Commissioner
Dallari asked if the Board wishes to ask the Cities if they want to expand
their paper management program by looking at the County’s program and trying to
piggy back on it. Chairman Henley said
that can be added to the laundry list of items for when they begin meeting with
the Cities.
Mr.
Grace said he thinks that is a good idea.
The Public Works Directors and City Engineers can get together on that.
-----
Commissioner
Morris said he wants to let the Board know there is long, overdue recognition
for April Boswell and the Planning staff who did a yeoman’s work last year on
the Charter Amendment. The Board never
gave them any recognition and they really need to recognize when staff has gone
above and beyond in their personal commitment, time, and quality of work they
do. He said he would like to have some
type of thank you to them. Also, he
knows a couple of the Commissioners have been in a couple rural land area study
meetings with staff who is extremely patient, spending a lot of time into the
night and a lot of time responding to a lot of correspondence, in addition to
their regular work load. He wants to
complement publicly Alice Gilmartin, who has headed up that effort for the
Board. He said the staff has handled
some very divergent groups and been able to do it with great respect for each
other. He complemented Ms. Boswell for
last year and Alice Gilmartin and the staff working with them.
Mr.
Grace said he will forward to the Commissioners the names of those who worked
on the Charter Amendment.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to adopt appropriate Resolution #2005-R-58, as
shown on page _______, of appreciation to Melanie Chase for her service on the
Code Enforcement Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley advised he received a petition from the Tanglewood area on traffic
safety and maintenance. He has referred
this to the
-------
Commissioner
Carey said she attended the first Women’s Leadership Summit held by Mayor
Crotty in
-----
Commissioner
Carey stated they had the first traffic MPO sponsored event and she commended
Commissioner Morris, Chairman of MetroPlan, for pulling that together. She said that was well attended.
-----
Commissioner
Carey reported the Boy Scout event was a huge success and more money was raised
than ever in the history of this event.
She said $156,000 was raised that well exceeded the goals set. She thanked everyone who helped on this event
and all those who came and gave support.
-----
Commissioner
Carey stated that on last Friday, the City of Lake Mary dedicated their new
Municipal Services Complex on
-----
Commissioner
Carey announced that tonight at 6:00 p.m. there is a Candidate’s Forum at the
Sanford Chamber of Commerce for the
-----
Commissioner
Carey reported that she has three scheduled appointments for code enforcement
tours in her district and will be in
Mr.
Grace stated he and Mr. McMillan are working to have some recommendations to
bring to the Board for the next agenda on the Charter Review Committee
regarding how the appointments are made, when to make them, and when to get
this started.
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Mr.
Grace asked County Engineer Jerry McCollum to give an update on the Federal
Transportation legislation.
Mr.
McCollum distributed handouts (copy received and filed) on the State of
Upon
inquiry by Commissioner Carey, Mr. McCollum said this is basically being
monitored by Mr. O’Malley of MetroPlan.
Mr. McCollum said he speaks personally with Gary Burns of Congressman
Mica’s office every couple weeks or more.
Commissioner Morris has contact with Congressman Mica’s office also.
Commissioner
Morris asked Mr. McCollum to provide the original requested list to the
Board. He said the Board will see that
the original requests were not honored by the Congressman and this is the first
time this has happened since he has been on the Board. He said Mr. Burns has taken a much higher
role on this level than he did before.
The Board is going to need to begin to lean harder on the other
Congressional representation.
Commissioner
Morris stated the funding for the extension of the Beltway went to the
Mr.
Grace said at some point, they may want to revisit whether to pursue a federal
lobbyist.
Commissioner
Van Der Weide asked the Chairman to put that on the laundry list also.
The
Board recessed at 3:11 p.m., reconvening at 7:00 p.m., with all Commissioners
and all other Officials, with the exception of Deputy Clerk Carylon Cohen, who
was replaced by Deputy Clerk Eva Roach, who were present at the Opening
Session.
PUBLIC
HEARINGS
LARGE
MIKLER
SHOPPES/Javier Omana
Continuation
of a public hearing to consider the Large Scale Land Use Amendment from LDR to
PD, and Rezone from A-1 to PCD on approximately 44 acres, located east of
Mikler Road and south of Red Bug Lake Road at Slavia Road intersection, as
described in the proof of publication, Javier E. Omana.
Upon
inquiry by Chairman Henley, Matt West, Planning Manager, addressed the Board to
advise the applicant is requesting a continuance to April 26, 2005. He stated members of the Red Bug Coalition
are in attendance and they would like the item continued to the night meeting
on April 26, 2005. A letter from the
applicant requesting the continuance was received and filed.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to continue to April 26, 2005 at 7:00 p.m., or
as soon thereafter as possible, request for the Large Scale Land Use Amendment
from LDR to PD, and Rezone from A-1 to PCD on approximately 44 acres, located
east of Mikler Road and south of Red Bug Lake Road at Slavia Road intersection,
as described in the proof of publication, Javier E. Omana.
Districts
1, 2, 3, 4 and 5 voted AYE.
BOA
APPEAL/Juan Carlo
Proof
of publication, as shown on page ________, calling for a public hearing to
consider an Appeal of the Board Adjustment’s decision to deny a rear yard
setback variance from 10 ft. to 1.4 ft. and a side yard setback variance from
10 ft. to 1.1 ft. for an existing shed located at 2849 North Morningside Court,
Juan Carlo Coronado, received and filed.
Michael
Rumer, Planning, addressed the Board to state the Board of Adjustment (BOA)
based the denial for the rear and side setback variances on staff’s
recommendations and on the basis that the shed could have been constructed, or
relocated, to comply with the minimum setback requirements. The applicant constructed a 12 x 14 ft. shed
without building permits, but has since applied for a permit dependent upon the
variances requested. He stated the
existing shed was constructed over a drainage swale that channels stormwater
from the rear of the property to the south.
The Engineering staff feels that it will adversely impact the overall
drainage system for Phase I of the Stillwater Subdivision. The R-2 District establishes a minimum rear
and side yard setback of 10 ft. for accessory structures. Because there are no identified special
circumstances that support the need for the requested variances, staff believes
the granting of same would confer special privileges denied to other properties
in the R-2 Zoning District by allowing encroachment into the rear and side
yards without demonstration of a hardship.
The requested variances are not the minimum since reasonable use of the
property already exists. Based on
staff’s findings, staff recommends that the Board uphold the BOA’s
decision. If the Board shoul decide to
reverse the BOA’s decision, staff recommends the conditions of approval
outlined in their report.
Pedro
Ramos, representing the applicant, addressed the Board to state he lives next
door to the applicant and he is speaking on behalf of Mr. Coronado due to a
language barrier. He submitted a packet
(received and filed) consisting of a Petition, as shown on page ________, on
page 2 indicating that the adjacent property owners have no objections to the
shed. He referred to page 5 of the
handout and stated he has highlighted the elevation on Lot 95 as well as where
the drainage is supposed to take place.
He displayed a map of Stillwater Phase 1 and stated the elevation on
Chairman
Henley stated the real issue is not necessarily the drainage, but the shed was
built without a permit and it does not abide to the County’s setbacks.
Mr.
Ramos stated the homeowner knows that he did wrong and that is why he applied
for the permit in order to make things right.
Chairman
Henley stated if the shed is on wooden runners, it could be moved.
Mr.
Ramos stated it could be moved, but the issue with that is it would bring the
shed right up against his house.
Chairman
Henley stated the shed is 45 ft. between the house and property line and it
could be positioned there and not have it right up against the house.
Al
Delsharm, rear property owner, addressed the Board to state he doesn’t believe
the shed is tied down for security and for hurricanes and extreme weather. He stated it is impeding the drainage of the
existing swale and it is close enough to his property that it will create some
backup. The shed is 16” from his
property line and the roof extends out 20”, therefore it is 4” over his
property line. He stated he has plans to
move the fence back within the next few months.
The applicant mentioned at the BOA hearing that he is a painter and
contractor and he will be storing chemicals, solvents and paints in the
shed. He said with these chemicals being
so close to his property, he has concerns that there will be flammable
commercial solvents stored in that shed.
He added he doesn’t believe a resident is supposed to use residential
property for commercial use. He stated
not maintaining that easement can also cause a problem during hurricane
season. He displayed a photograph (not
received and filed) showing that the shed is about 11 or 12 ft. high. He concluded by stating in his opinion, the
shed is too large and it could be moved or be made smaller. The applicant has been working on the shed
since the BOA hearing and if he continues to work on it, it is going to be more
difficult to move.
Upon
inquiry by Commissioner Dallari, Mr. Delsharm displayed a survey (not received
and filed) and he reviewed the size of his lot and how it works out to the
white line indicated on the survey.
Mr.
Ramos displayed a photograph showing what is inside the shed and showing
runners on the bottom.
Upon
inquiry by Chairman Henley, Mr. Rumer advised the applicant indicated that the
shed would be used for storing tools.
Stacy
Schmidt,
No
one else spoke in support or in opposition.
Upon
inquiry by Commissioner Morris, Mr. Rumer advised the Building Department sent
an inspector out and then an application was made.
Upon
further inquiry by Commissioner Morris, Mr. Rumer advised it is 200 sq. ft. in
size and 12 ft. is the height limitation.
He stated if it is under 200 sq. ft., it is considered an accessory
structure and it must meet accessory setbacks.
If it is over 200 sq. ft. it has to meet regular zoning setbacks.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to uphold the Board of Adjustment’s
decision, thereby, denying a rear yard setback variance from 10 ft. to 1.4 ft.
and a side yard setback variance from 10 ft. to 1.1 ft. for an existing shed
located at 2849 North Morningside Court, as described in the proof of
publication, Juan Carlo Coronado, and approval of the Decision on Appeal, as
shown on page _______.
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 7:25 p.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
slm/cc/er