BOARD OF
MARCH 25, 2008
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:30 a.m., on Tuesday, March 25, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Michael McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner
Clerk of Court
County Manager Cindy Coto
Deputy Clerk Eva Roach
Chaplain Charles Pitroff, Good News Jail
& Prison Ministries, John E.
Polk Correctional Facility, gave the Invocation.
Commissioner
Van Der Weide led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution #2008-R-79, as shown on
page ________, proclaiming the week of March 23 through March 29, 2008, as
“John E. Polk Correctional Facility Jail Chaplain Appreciation Week”.
Districts
1, 2, 3, 4 and 5 voted AYE.
Clerk
of Circuit Court,
The Board presented the Resolution to
Chaplain Charles Pitroff of Good News Jail & Prison Ministries, who expressed
his appreciation.
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Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-78, as
shown on page ________, proclaiming the week of March 24 through March 30, 2008
as “National Community Development Week”.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Dr. David Medley, Community Services
Director, who addressed the Board to express his appreciation.
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Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2008-R-80, as
shown on page ________, proclaiming the week of March 30 through April 6, 2008
as “Children’s Week in
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Deborah Groseclose, who addressed the Board
to express her appreciation. Nancy
Wagler (phonetic), Executive Director of Early Warning Coalition of Seminole, addressed
the Board to express her appreciation as well.
Ms. Groseclose and Ms. Wagler presented T-shirts to the Board.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-81, as
shown on page ________, proclaiming the week of April 6 through April 12, 2008
as National County Government Week themed “Protecting Our Children”.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-77, as
shown on page ________, proclaiming the month of April as “
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Carey reminded everyone to only water when needed as there are water
restrictions in effect.
The
Board presented the Resolution to Debbie Meinert, Environmental Services, who addressed
the Board to express her appreciation and to thank them for their continued support
of the water conservation initiatives.
Cindy
Coto,
Jerry
McCollum,
Ms.
Coto stated she had a meeting with Lake Mary City Manager, John Litton, about
three weeks ago and she advised him that the County is planning to provide them
with a copy of the recommendations that is being brought before the Board today
as it relates to flags/symbols on overpasses.
She stated the City indicated that they would still like signage and
staff has informed them of what is being brought before the Board today.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to authorize and approve the following:
Administrative
Services
Purchasing
and Contracts
6. Approve ranking list and authorize staff to negotiate rates for
PS-2825-07/BHJ - Preliminary Engineering and Final Design Services for SR 434
Intersection Improvements -
7. Approve Amendment #1, as shown on page _________, to M-401-03/PWM
with de la Parte & Gilbert of Tampa, Florida, to change the payment of
services as not-to-exceed the annual budget adopted by the Environmental
Services Department for legal services related to environmental permitting, and
to increase rates as identified in the revised Exhibit B included within the
Amendment. In addition, extend the
current term by two years through November 30, 2010 with two (2) additional
two-year options for renewal and authorize the
8. Pulled from the agenda
request to approve Amendment #1 to RFP-4214-04/TLR - Security Repairs,
Maintenance and Upgrades Agreement with Site Secure, Inc.,
9. Approve Amendments, as shown on page __________, to PS-1074-06/TRJ
with Ardaman & Associates, Inc. of
10. Award CC-2938-07/VFT, as shown on page ________, Orange Boulevard
Utility Adjustments & Roadway Improvements to Southern Site Works, Inc.,
Zephyrhills, FL, in the amount of $6,645,961.00, for all labor, materials, equipment,
tools, transportation, services and incidentals required to perform all work
necessary to construct Water Mains, Force Mains, Reclaimed Water Mains, Storm
Sewer Systems, remove and/or place out of service existing utilities, roadway
realignment and widening, roadway milling and resurfacing and associated tasks
for the project. This project is located
in northwest
11. Waive the procurement process in accordance with Sec. 220.5 of the
Purchasing Code, and authorize staff to issue Purchase Orders to Mary Brodeur
Hope for financial consulting services at $75.00 per hour, in accordance with
approved budget.
Community
Service
Community
Assistance
12. Approve and authorize the Chairman to execute the First Amendment,
as shown on page ________, to the Seminole County/Central Florida Family Health
Center, Inc. HUD/CDBG Subrecipient Agreement Program Year 2006 -2007.
13. Approve and authorize the Chairman to execute the Seminole
County/Seminole County Housing Authority Tenant-Based Rental Assistance
Subrecipient Agreement Program Year 2007-2008, as shown on page _________.
14. Approve and authorize the Chairman to execute the Second Amendment,
as shown on page ________, to Seminole County/The Center for Affordable
Housing, Inc, HOME Program Community Housing Development Organization Rental
Housing Development Agreement Program Years 2003-2004, 2004-2005 and 2005-2006.
15. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-82, as shown on page _________, terminating the Restated
Seminole County/Seminole County Housing Authority Tenant Based Rental
Assistance Subrecipient Agreement Program Year 2003-2004.
16. Approve and authorize the Chairman to execute the Satisfactions, as
shown on page _________, of Second Mortgage for households assisted under the
SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program
for the following: Frank & Shirley
Austin; Vickie Beasley Blake; Theresa Blake; Carmen Buchell; Dorothy Butler;
Betty J. Clark; Rosa Lee Crocker; Raymond Cuyler; Wanda J. Davis; Rubye Denson;
Constance Dixon; Robin Dumas; Carol Easterday; Edith R. Edwards; Margaret
Edwards; Mattie Edwards a/k/a Mattie M. Montgomery; Inez Epps; Celia Floyd
Horne a/k/a Celia A. Floyd; Mildred V. Godfrey; Jimmie Mae Greenlee; Leon
Hardy; Thomas Harmon; Charles E. Harp; Leonard Hill, Sr.; Catherine &
Nathaniel Hillery; Henry Jelks, Jr.; Valerie L. Jones; William & Anne
Klein; Jasper & Elnora Lingard; Ferleece Major; Anthony & Peggy Mallo;
Mark & Jeanette Neal; Mary Stephens Harkness; Alice Wade Murphy a/k/a Alice
M. Wade; and Delores C. Wingfield Browdy.
Probation
17. Approve and authorize the Chairman to execute the Memorandum of
Understanding, as shown on page _________, between
Economic
Development
Tourism
18. Approve and authorize the Chairman to execute an Agreement, as
shown on page ________, with Scottish-American Society of Central Florida, Inc.
for the 2008 Central Florida Scottish Highland Games in the amount of
$25,000.00.
Environmental
Services
Business
Office
19. Approve release of the original Water & Sewer Cash Maintenance
Bond in the amount of $11,973.98 for the project known as Traditions at Alafaya
Phase 1.
20. Approve the release of the original Water and Sewer Maintenance
Bond in the amount of $979.00 for the project known as
21. Approve the release of the original Water and Sewer Performance
Bond in the amount of $83,493.88 for the project known as
Solid
Waste Management
22. Approve and authorize scheduling and advertising a public hearing for
the proposed Ordinance amending Chapter 235 of the Seminole County Code,
authorizing the removal of private property debris during post-disaster
environments for eligibility of FEMA assistance.
23. Approve and authorize the Chairman to execute a Certificate of
Public Convenience and Necessity, as shown on page _________, for Orlando Waste
Paper Company, Inc.
24. Approve renewal of the Non-Exclusive Franchise Agreement for
Commercial Solid Waste Collection Services, as amended, with Container Rental
Company, Inc., for a period from October 1, 2007 to September 30, 2008.
Fiscal
Services
Administrative
25. Approve and authorize the Chairman to execute appropriate Resolution
#2008-R-89, as shown on page _________, to ratify issuance by Orange County
Housing Finance Authority of the Multi-family Housing Revenue Bonds in an
amount not-to-exceed $9,000,000.00, for Covington Club, LLLP.
26. Approve and authorize the Chairman to execute a Grant Agreement, as
shown on page _________, with the Florida Department of Environmental
Protection in acceptance of $148,500.00 in grant funds for the Big Tree Park
Trailhead, including modifications as indicated by the
26A. Approval to submit a grant application to the Department of Homeland
Security requesting $500,000 through their assistance to Firefighters Program
for the CAD System, and authorize the
Budget
27. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-83, as shown on page __________, implementing Budget
Amendment Request (BAR) #08-46 through the 2001 Infrastructure Sales Tax Fund
in the amount of $325,000.00 in order to advance the scheduling of the County
Road 427 at State Road 436 Intersection Improvement project.
28. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-84, as shown on page _________, implementing Budget
Amendment Request (BAR) #08-47 through the Public Safety Federal Grants Fund to
recognize equipment valued at $412,273.00 received under the Memorandum of
Agreement (MOA) with the Orange County Sheriff's Office for participation in
the Urban Area Securities Initiative.
29. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-85, as shown on page _________, implementing Budget
Amendment Request (BAR) #08-48 through the 2001 Infrastructure Sales Tax Fund
in the amount of $1,800,000.00 to reduce the funding for the
30. Approve and authorize the Chairman to execute Budget Change Request
#08-18 through the General Fund in the amount of $330,000.00 to transfer
from the Land Acquisition Project (00243101) to the Jetta Point Park Project
for the purchase of the
MSBU
31. Approve and authorize scheduling and advertising a public hearing
for consideration of the Lake Myrtle Restoration MSBU assessment resolution.
Public
Safety
Animal
Services
32. Approve to sponsor Tag Day 2008 to be held Sunday, May 4, 2008, and
authorize the rabies vaccination and animal identification microchip implant
fees to be waived during this event.
Engineering
33. Accept and authorize the Chairman to execute a Perpetual Stormwater
Easement, as shown on page _________, from Douglas & Danielle Baker for the
Sweetwater Cove Tributary Surface Water Restoration Project, Phase IIIB -
Dredging/Revegetation of Sweetwater Cove Lake.
34. Adopt appropriate Resolution #2008-R-87, as shown on page
_________, amending the Seminole County Administrative Code by the addition of
a new Section 34.20: "Signing and Lighting Seminole County Trail and
Pedestrian Overpasses/Tunnels Policy".
35. Adopt appropriate Resolution #2008-R-88, as shown on page ________,
and authorize the Chairman to execute a Joint Participation Agreement, as shown
on page ________, with the Florida Department of Transportation to facilitate
intersection improvements on State Road 436 at Ronald Reagan Boulevard (County
Road 427); FDOT-Financial Management Number 424257-1-58-01 (Capital Improvement
Project Number 00191662).
Under
discussion, Commissioner McLean asked if it was possible to have a separate
vote on Item #34. Whereupon, the
Chairman stated there is already a motion on the floor to approve the Consent
Agenda, including that item.
Districts
1, 3, 4 and 5 voted AYE.
Commissioner
McLean voted NAY.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize and approve the following:
Litigation
36. Approval
of a proposed negotiated settlement relating to Parcel Number 126, Huntington
Pointe Homeowners Association, Inc., on the
Property Acquisition
37. Authorize Chairman to execute the Lake Emma Road Subordination of
Utility Interest Agreement, as shown on page ________, (Parcel Numbers 126,
755, 835A/835B and 848) between Seminole County and Florida Power Corporation
d/b/a Progress Energy Florida, Inc., in conjunction with 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 authorize and approve the following:
Clerk’s Office
38. Approval of Expenditure Approval Lists, as shown on
page _______, dated February 25 and March 3, 2008; approval of BCC Official
Minutes dated February 26, 2008; and noting, for information only, the
following Clerk’s received and filed:
1. Amended Letter of Credit, as shown on page
_______, for the project known as Regal Point Park Lot 4.
2. Special Review of BCC Executive Travel
conducted by the Internal Audit Division of the Clerk’s Office.
3. First Amendment, as shown on page ________, to
RFP-600244-07.
4. Amendment #14, as shown on page ________, to
Work Order #11 to PS-0381-06.
5.
Amendment
#1, as shown on page ________, to Work Order #18 to PS-0381-06.
6.
First
Amendment, as shown on page ________, to Litigation Consultant Services
Agreement, Gerson, Preston, Robinson & Co.
7.
Amendment
#2, as shown on page ________, to Work Order #22 to PS-0381-06.
8.
Fifth
Amendment, as shown on page _________, to RFP-4164-02.
9.
Title
Opinion and Performance Bonds, as shown on page _________, for Terracina at
10.
Ordinance
#2007-43, as shown on page ________, relating to East Lake Brantley (Hoffman)
Rezone as approved by the BCC on November 13, 2007.
11.
Board of
Adjustment Development Orders, as shown on page _________, as follows: Ernest & Stacey Bedner; J.W. Gerhard
& Karen Munster; Robert & Marsha Lillie; Susan Behel; Jimmie &
Pamela Jones; Bryan & Rhonda Kelly; Thomas & Josephine Silvey; David
& Rebecca Scott; Stephen & Teresa Zurkuhlen; Charles Waugh; Dean
Matteson; James & Elizabeth Weber; Joseph Smirti; Bertie Tomberlin; Scott
Lincoln; Palm Springs Road Church of Christ Trustees; Lutheran Haven; Roberto
Ramon; and Shoppes of Sweetwater, Inc.
12.
Change
Order #1, as shown on page ________, to Work Order #18 to CC-1075-06.
13.
Change
Order #3, as shown on page ________, to Work Order #4 to CC-1075-06.
14.
Change
Order #1, as shown on page ________, to CC-2324-07.
15.
Change
Order #1, as shown on page ________, to Work Order #19 to CC-1075-06.
16.
Work
Order #34, as shown on page ________, to PS-5174-04.
17.
Recorded
Mortgage Instrument, as shown on page _________, for Timothy & Molly
Hudson.
18.
Amendment
#2, as shown on page ________, to M-2379-07.
19.
M-3063-08
Basic Contract, as shown on page ________, with Horizon Engineering Group, Inc.
20.
M-3193-08
Basic Contract, as shown on page ________, with The Triece Company.
21.
Litigation
Consultant Services Agreement, as shown on page ________, with Diversified
Property Specialists, Inc.
22.
Work
Order #20, as shown on page _________, to PS-1074-06.
23.
Amendment
#5, as shown on page _________, to RFP-1091-06.
24.
Amendment
#4, as shown on page _________, to RFP-4172-03.
25.
Ninth
Amendment, as shown on page ________, to IFB-3089-04.
26.
Work
Order #5, as shown on page _________, to PS-5181-05.
27.
Amendment
#2, as shown on page ________, to Work Order #17 to PS-0381-06.
28.
Change
Order #1, as shown on page ________, to CC-2116-07.
29.
Work
Order #68, as shown on page ________, to PS-5150-03.
30.
Certificate
of Completion, as shown on page ________, for CC-1449-06.
31.
Amendment
#2, as shown on page ________, to Work Order #73 to PS-556-00.
32.
Work
Order #33, as shown on page ________, to PS-5174-04.
33.
Work
Order #13, as shown on page ________, to RFP-0013-06.
34.
Amendment
#1, as shown on page ________, to Work Order #8 to RFP-0013-06.
35.
Second
Amendment, as shown on page ________, to IFB-600250-07.
36.
Work
Order #72, as shown on page _________, to PS-5150-03.
37.
Work
Order #71, as shown on page _________, to PS-5150-03.
38.
IFB-600282-07
Term Contracts, as shown on page _________, for Tree Trimming and/or Removal
and Stump Grinding with Stiles Corp. and Lewis Tree Service, Inc.
39.
Memorandum
to Cindy Coto,
40.
Work
Order #21, as shown on page _________, to PS-1074-06.
41.
RFP-600280-08
Term Contract, as shown on page _________, for Purchase of Sodium Hydroxide
with Allied Universal Corp.
42.
Original
Interlocal Agreement, as shown on page _________, with Orange County relating
to Interoperable Communications Equipment for Region Five as approved by the
BCC on July 13, 2004.
43.
Right-of-way
Utilization Permit Maintenance Bonds, as shown on page _________, for Winter
Miles Industrial Park Phase 1 and
44.
Work
Order #6, as shown on page ________, to PS-5131-02.
45.
Work
Order #21, as shown on page ________, to PS-5135-02.
46.
Work
Order #23, as shown on page ________, to RFP-0225-05.
47.
Notice
to Proceed #3, as shown on page ________, for CC-2098-07.
48.
Certificate
of Completion, as shown on page _________, for Work Order #53 to CC-1262-05.
49.
M-2608-08
Basic Contract, as shown on page ________, with Metric Engineering.
50.
Customer
Agreement, as shown on page ________, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement, The Irvin Company.
51.
Conditional
Utility Agreements, as shown on page ________, for water and sewer services for
the projects known as Checkers-Alafaya; Lake Mary Village Outparcel; and Lake
Mary Westin.
52.
Bills of
Sale, as shown on page _________, for
53.
Customer
Agreement, as shown on page ________, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement for 101 Commerce St. LLC.
54.
Utility
Agreements, as shown on page ________, for water and sewer service with Shoppes
at Oviedo Marketplace LLC.
55.
Copy of
e-mail to County Manager, Cindy Coto, from Bruce McMenemy, office of Clerk of
Circuit Court, relating to County Manager e-mail to BCC dated 3/3/08, “County
Investment Policy”.
56.
Copy of
e-mail from Bruce McMenemy, Office of Clerk of Circuit Court, to Cindy Coto,
57.
Bids as
follows: CC-2938-07 and CC-2945-07.
Sheriff’s Office
39. Approval to contribute $12,000.00 from the Law
Enforcement Trust Fund to provide funds for “Project Graduation” to
40. Approval to contribute $2,000.00 from the Law
Enforcement Trust Fund to The Central Florida Freedom School operated by Free
to Be Me, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Request
to consider adopting a Resolution delegating the authority to the city of
Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt Resolution 2008-R-86, as shown on page
_________, reflecting the extension of request to delegate authority to the city
of Oviedo to establish a Community Redevelopment Agency (CRA).
Districts
1, 2, 3, 4 and 5 voted AYE.
Lisa
Spriggs, Fiscal Services Director, addressed the Board to review the FY 2007/08
Budget Amendment Status Report for the five months ended February 29, 2008. She stated one transaction was done during
the past month in which $10,000 was pulled out of the Infrastructure Sales Tax 2001
fund project contingency for SR 434 from
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Chairman
Carey advised the Heroes Memorial Update has been pulled from the agenda.
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The
Chairman recessed the meeting at 10:00 a.m., reconvening at 1:30 p.m., this
same date with all Commissioners and all other Officials, with the exception of
Deputy Clerk
REQUEST FOR ETOR PUD
AMENDMENT, ROBERT HORIAN
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a PUD Major Amendment, Revised Final Master Plan and Addendum #3 to
the ETOR PUD Developer’s Commitment Agreement for approximately 6.75 acres,
located on South Sun Drive, approximately 900 feet west of Greenwood Lakes
Boulevard, Robert Horian, received and filed.
Planner,
Austin Watkins, addressed the Board to present the request, advising the
applicant is requesting to amend the approved uses of Tract C from Office to
Multi-Family and increase the density.
Currently, Tract C is approved for 5.47 acres of Office, 3.00 acres of
Neighborhood Commercial and 3.94 acres of attached Single Family
Residential. The proposal is to reduce
the Office uses allowed from 5.47 acres to the existing-built 2.53 acres and
allow for a 7-story 80-dwelling unit condominium development to be constructed
on the remaining 2.94 acres. He stated
that the request would increase the net density for Tract C-4 from 12.26
dwelling units per net buildable acre to 33.96 dwelling units per net buildable
acre and change Tract C-2 from Office to Residential condominiums, with a net
density of 34.04 dwelling units per net buildable acre. Per the Land Development Code building
heights are limited to 35 feet, unless otherwise approved by the BCC. The applicant is requesting to amend the
maximum building height to 75 feet for Tract C-2 and 45 feet for Tract C-4.
Mr.
Watkins reviewed with the Board the proposed change in the setbacks for the
residential development as outlined in the agenda memorandum. He advised the Planning & Zoning
Commission recommended denial of the requested amendment and the staff also
recommends denial.
Robert
Horian, applicant, addressed the Board to state based on the concept that has
come out of the “How shall We Grow?” study by myregion.org, he is seeking this
amendment. He said the property is in
the middle of an urban center of commercial with very few residential dwellings
within the confines of the area. He
referred to an article (copy received & filed) titled, “Council developing
new regional planning strategy”, stating he has taken into consideration the
five basic growth principles of the study.
He advised the property is right off I-4 and
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
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No
one else spoke in support or in opposition.
District
Commissioner Henley stated he does not consider Sun Drive a major
transportation corridor and he has difficulty believing the height and density
is appropriate for this location.
Therefore, he recommends denial of the request.
Motion by Commissioner Henley to deny
the PUD Major Amendment, Revised Final Master Plan and Addendum #3 to the ETOR
PUD Developer’s Commitment Agreement for 6.75 acres, located on South Sun
Drive, approximately 900 feet west of Greenwood Lakes Boulevard, as described
in the proof of publication, Robert Horian.
The
Chairman called for a second to the motion three times without response,
whereupon, the motion died for the
lack of same.
Upon
inquiry by Commissioner McLean, Mr. Horian stated he would be flexible with
regard to the height of the buildings.
He said he went to his concept (one floor condos with elevators) because
the two and three-story townhomes are not selling. He displayed photographs (received &
filed) of views from different surrounding locations to show that the tall
buildings will not be intrusive or seen.
He also displayed photographs (received & filed) of what the
proposed condos will look like.
Chairman
Carey asked what Mr. Horian’s flexibility is with regard to the height of the
75-foot building. Whereupon, Mr. Horian
stated he would be willing to eliminate one floor of the building, which would
make it garage parking on the bottom floor and six floors of housing.
Commissioner
Dallari voiced his concern about the setbacks.
He added that he does not believe the Board should negotiate from the
dais.
Mr.
Horian said that the setbacks are in compliance. The only questions are the height and
density.
District
Commissioner Henley stated he still thinks the 7-story building is intrusive
and out of character.
Chairman
Carey commented that she believes this is an infill project.
A
brief discussion ensued with regard to continuing this item and the Board
agreed to take a ten-minute recess in order for the applicant and staff to work
out a concession on the height.
The
Chairman recessed the meeting at 2:10 p.m., reconvening it at 2:20 p.m., this
same date.
Mr.
Watkins read the following changes into the Record with regard to the
Developer’s Commitment Agreement: (1)
Page 1, II, density for Tract C2 is 29.78; (2) Page 2, C2 (North), Residential
– 70 units; (3) Page 3, VI, Residential C2 (North), Building Height – 55 feet
& 6 inches, 5-story maximum; (4) Page 3, Residential Tract C-4 (South),
Building height – 45 feet; and (5) Page 3, Building Setbacks, Residential Tract
C4 (South), Front (4-story maximum) – 25 feet, Rear – 20 feet.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to approve PUD Major Amendment, Revised Final Master
Plan and Addendum #3 to the ETOR PUD Developer’s Commitment Agreement, as
amended, as shown on page _______, for 6.75 acres, located on South Sun Drive,
approximately 900 feet west of Greenwood Lakes Boulevard, as described in the
proof of publication, Robert Horian.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST FOR PUD MAJOR AMENDMENT
& REZONE, KBC
DEVELOPMENT
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a PUD Major Amendment, rezoning from PUD (Planned Unit Development) to
PUD (Planned Unit Development), Revised Preliminary Master Plan and Revised and
Restated Development Order for approximately 22.3 acres, located approximately
230 feet west of the intersection of Orange Boulevard and Dunbar Avenue, KBC
Development, received and filed.
Planner,
Austin Watkins, presented the request, advising the property in question allows
for C-1, C-2 and M-1 uses; however, the approved D.O. prohibits outdoor
advertising signs. He further advised
the applicant is requesting to remove outdoor advertising signs as a prohibited
use and enter into a voluntary billboard agreement with the County, pursuant to
the LDC allowing for the erection of one billboard on the property in exchange
for the removal of two legal non-conforming billboards and one legal
non-conforming billboard on an adjacent piece of property (Featherlite). He stated the Planning & Zoning
Commission recommended approval of the requested amendment and rezoning; and
staff also recommends approval.
Lou
Musica, representing Clear Channel Outdoor, addressed the Board to advise he
also represents the owner of the subject property, Michael Good. He displayed large photographs (received
& filed) of the three billboards, showing their disrepair.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
District
Commissioner Carey recommended approval of the request.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to adopt Ordinance #2008-14, as shown on page _______,
granting rezoning from PUD (Planning Unit Development) to PUD (Planned Unit
Development), Revised Preliminary Master Plan and Revised and Restated
Development Order, as shown on page _______, for 22.3 acres, located
approximately 230 feet west of the intersection of Orange Boulevard and Dunbar
Avenue, as described in the proof of publication, KBC Development, based on
staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF VOLUNTARY
BILLBOARD
AGREEMENT, CLEAR CHANNEL
OUTDOOR
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of a Voluntary Billboard Agreement with Clear Channel Outdoor
on property located west of I-4, approximately 1400 feet southeast of the
intersection of Orange Boulevard and Dunbar Avenue, Clear Channel Outdoor,
received and filed.
Planner,
Austin Watkins, presented the request, advising this item is associated with
the previous PUD Major Amendment request.
He stated currently, there are two legal non-conforming billboards on
the property and one on the adjacent property (Featherlite). Clear Channel Outdoor owns one existing
dual-faced billboard on the KBC property, KBC leases one dual-faced sign on the
KBC property, and Clear Channel owns one single-faced billboard on the
Featherlite property. Clear Channel
Outdoor wants to enter into a voluntary billboard agreement to allow for the
construction of one conforming dual-faced billboard on the KBC property. The applicant is proposing to remove five
faces in exchange for the construction of one dual-faced billboard on the KBC
property. The agreement will result in
the permanent reduction of two billboards or three faces. Clear Channel Outdoor is proposing a
dual-faced steel monopole billboard with an overall height of 35 feet and two
14’x 48’ faces. The sign will have
upward lighting and shall be setback 25’ from I-4 and 5’ from the Featherlite
property line. Also requested is the installation
of a traditional, static or electronic/digital face. If an electronic or digital face is
installed, there will be a minimum of a six second static display time for each
message. He added that staff recommends
approval of the proposed agreement.
Lou
Musica, representing the applicant, advised he will answer any questions.
No
one else spoke in support or in opposition.
Copy
of e-mail from Ralph Ritter,
District
Commissioner Carey recommended approval.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to approve the Voluntary Billboard Agreement,
as shown on page _______, between Seminole County and Clear Channel Outdoor for
property located west of I-4, approximately 1400 feet southeast of the
intersection of Orange Boulevard and Dunbar Avenue, as described in the proof
of publication, Clear Channel Outdoor.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM OP
TO OP, MATTHEW HODGE
Proof
of publication, as shown on page _______, calling for a public hearing to consider
a request to rezone from OP (Office) to OP (Office) on approximately 4.84
acres, located on the southeast corner of the intersection of College Drive and
Lake Mary Boulevard, Matthew Hodge, received and filed.
Planner,
Austin Watkins, presented the request, advising the applicant is requesting the
rezoning for the purpose of modifying the previously approved site plan to add
two additional access points onto
Mr.
Watkins stated that the applicant is also requesting a waiver to the LDC to
reduce the active buffer required along the west property line adjacent to
Matthew
West, representing SCC, addressed the Board to state the main issue when the
request was heard by the P&Z Commission was the access onto
Steve
Nevelip (phonetic), representing the applicant, addressed the Board to advise
the submitted plan allows the college to build approximately 40,000 square feet
of office. He said they have moved the
entrance on
Upon
inquiry by Commissioner Henley, Mr. Nevelip advised there will be up to 160
people occupying the building.
Donald
Tise,
Upon
inquiry by District Commissioner Carey, Mr. McCollum stated if the access was
limited to a right-in only, that would eliminate any cut-through traffic.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
District
Commissioner Carey recommended approval of the request, subject to a right-in
only off of
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to adopt Ordinance #2008-15, as shown on page
_______, approving rezoning from OP (Office) to OP (Office) on approximately
4.84 acres, located on the southeast corner of the intersection of College
Drive and Lake Mary Boulevard, as described in the proof of publication,
Matthew Hodge; and approve Revised and Restated Development Order, as shown on
page _______, including a right-in only access to West Ridge Drive (but no
access out to the road) and the elimination of the language requiring
residential architecture, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF ETHICS
ORDINANCE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider the Ethics Ordinance, received and filed.
Chairman
Carey said she believes the Board of Adjustment and the Planning & Zoning
Commission appointments should be included in the ordinance.
Commissioner
Van Der Weide stated he would not have a problem including those groups.
Chairman
Carey stated she also would like to have County employees included.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to adopt Ordinance #2008-16, as shown on page
_______, Ethics Ordinance, as described in the proof of publication, amended to
include employees, Planning & Zoning Commission and Board of Adjustment
appointees.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Ms.
O’Bryan advised that FAC sent a letter to the Environmental & Natural Resources
Council opposing HS 1267 (Fertilizer Bill) stating the recommendations of the
Task Force have not been taken into consideration.
Chairman
Carey announced that she spoke to
Commissioner
Henley distributed information (copy received & filed) from JEJ &
Associates, Inc. with regard to the LYNX Legislative Update.
CHAIRMAN’S
REPORT
Chairman
Carey reminded the Board that the Joint Work Session with the City of
The
Board, by unanimous consensus,
agreed to proceed with the Work Session as originally planned.
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Chairman
Carey reminded the Board that a Work Session has been scheduled for April 8,
2008 to discuss the Administrative Code as it relates to the travel
policy. She suggested Commissioners
provide their thoughts to the
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Chairman
Carey announced that James Simpson, Federal Transit Administrator, will be at
the
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Chairman
Carey advised she received two letters from Noranne Downs, District 5 FDOT,
regarding the Transportation Fund. She
stated
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Chairman
Carey noted that the Central Florida Commission on Homelessness had their first
meeting last week and a little over $11,000 was transferred from the temporary
Board to the permanent Commission.
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The
Chairman advised she and Ms. Coto traveled to
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Chairman
Carey stated she and Ms. Coto are scheduled to travel on May 12 and 13 to
Motion by Commissioner Henley, seconded
by Commissioner Dallari to approve travel expenditures for Chairman Carey and
Cindy Coto to travel to
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman announced that, as a member of the Board of Directors, she will be
traveling to
Commissioner
Henley stated he believes that it is appropriate to have the
The
Chairman suggested that update be done every quarter.
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Chairman
Carey advised Tax Collector, Ray Valdes, has offered to vote on the Board’s
behalf by proxy at the NACo Conference this year.
Motion by Commissioner Dallari, seconded by Commissioner McLean to
authorize Tax Collector, Ray Valdes, to vote on the Board’s behalf, by proxy,
at the NACo Conference in
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman requested the Board appoint Dr. DeHaven Batchelor and Keith Weisman to
the Animal Control Board.
Motion by Commissioner Henley, seconded
by Commissioner Dallari to reappoint Dr. DeHaven Batchelor, Veterinarian
representative; and appoint Keith Weisman to the Animal Control Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded
by Commissioner Dallari to reappoint Brindley Peters to the MetroPlan Orlando
CAC.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey requested approval of District 5 appointment to the Building Contractors
Licensing Board.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to appoint Deanna Schott to the Building
Contractors Licensing Board for a one-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman advised of a letter received from UCF President John Hitt regarding
the Small Area Study proposed by Commissioner Dallari. She said he has requested the opportunity for
the university to participate in the study.
Commissioner
Dallari stated he has only suggested the study and staff is in the process of
determining the scope and the cost of same.
After that, staff will be coming back to the Board with a recommendation
as to whether to proceed with the study or not.
He requested the
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Chairman
Carey noted the following events: (1)
Sanford Stroll 2008: “Walk on the Wild Side” – March 29, 8:00 a.m., at the
Central Florida Zoo; (2) March for Meals – March 29, 7:30 a.m.; (3) 7th Annual
Teal Magnolia Luncheon – Ovarian Cancer Alliance of Florida – March 29, 11:30
a.m.; (4) Seminole County Professional Fire Fighters Annual Event – March 29,
7:00 p.m.; and (5) Light of Hope Ceremony – April 4, 5:30 p.m. at the Sanford
Civic Center Courtyard.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Henley distributed a copy of the analysis (copy received & filed) done by
MetroPlan regarding the gas tax revenue.
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Motion by Commissioner Dallari,
seconded by Commissioner McLean to appoint David Axel to the Seminole County
Industrial Development Authority for a four-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-92, as
shown on page _______, commending Doug Forner for his services on the Seminole
County Industrial Development Authority.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated Ray Gilley of the EDC has asked him to accompany him and Harry
Barley of MetroPlan to
Motion by Commissioner Henley, seconded
by Commissioner McLean to authorize travel expenditures in the amount of
$475.50 for Commissioner Dallari to travel to
Districts
1, 2, 3, 4 and 5 voted AYE.
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At
the request of Commissioner Dallari, Ms. Coto discussed the situation about the
Commissioner
Dallari asked if the company is willing to extend their offer until the end of
the year at no additional cost.
Whereupon,
Commissioner
Henley questioned why this was done without coming to the Board first.
Mr.
McMillan stated staff has authority under the code. Discussion ensued with regard to the Board
not being advised prior to the bid being cancelled.
Commissioner
Van Der Weide stated he has problems with this because bidders put a lot of
time, money, and effort into the bidding process.
Chairman
Carey stated the bidder was $8 million lower than what was budgeted and their
price has been exposed.
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Commissioner
Van Der Weide stated everyone is hoping that the road work on
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Commissioner
McLean advised that last week the Joint City/County Advisory Committee met and
agreed to sunset the committee. He
thanked former Commissioner Randy Morris and Commissioner Henley for being
involved in the committee at its inception.
He said there was some discussion about putting an elected County
official on the Mayors & Managers Committee; and he stated he would be
willing to serve as such if it is the will of the BCC.
Chairman
Carey reminded Commissioner McLean that the BCC voted not to continue
participation with the Mayor & Managers Committee. She said she listened to the discussion last
week and everyone was encouraged to take issues dealing with the cities and the
County to CALNO.
Commissioner
McLean reiterated that he would be willing to serve if it was the pleasure of
the Board.
Chairman
Carey stated it would be the Chair who would serve; but the BCC already voted
not to participate.
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Commissioner
McLean briefly updated the Board on the
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Commissioner
McLean advised he will be in
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Ms.
Coto advised that the original agenda for the Joint Work Session with Longwood
scheduled for today has been posted on both the County’s website and the City’s
website.
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Ms.
Coto advised the Florida Supreme Court issued a legal opinion and reversed the
trial court with regard to the Regional Conflict Council so they are back in
business. She said she does not know
what the funding implications are going to be.
The
Chairman stated that they will still need to get their business plan and
requirements to the County.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated
2. Letter
dated
3. Letter
dated
4. Letter
dated
5. Letter
dated
6. Copy
of letter dated
7. Letter
dated
8. Letter
dated
9. Copy
of Fax dated
10. Copies of letters dated
11. Copy of letter dated
12. Copy of Letter dated
13. Copies of letters dated
14. City of
15. Memo dated
16. Letter dated
17. Meeting Notice dated
18. Letter dated
19. Letter dated
20. Letter dated
21. Copy of Letter dated
22. Contracts for services, as shown on page _______, dated
ITEMS
FOR FUTURE AGENDA
Jacob
Simpson, 185 Pearl
The
Chairman stated the Solid Waste staff will take Mr. Simpson’s suggestion under
review and try to come up with a solution to same.
Speaker
Request Form was received and filed
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Robert
King,
Speaker
Comment Form was received and filed.
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There
being no further business to come before the Board, the Chairman adjourned the
meeting at 4:05 p.m., this same date.
ATTEST:____________________Clerk____________________Chairman
er/slm