BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

MARCH 9, 2004

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m. on Tuesday, March 9, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board. 

     Present:

     Chairman Daryl McLain (District 5)

     Vice Chairman Grant Maloy (District 1)

     Commissioner Randy Morris (District 2) (Late)

Commissioner Dick Van Der Weide (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Kevin Grace

     County Attorney Robert McMillan

     Deputy Clerk Sandy McCann

 

     The Invocation was given by Chaplain Bob Gregory of the John E. Polk Correctional Facility Jail Ministry. 

     Larry Dale, President of the Orlando/Sanford International Airport, led the Pledge of Allegiance. 

AWARDS & PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-44, as shown on page _______, proclaiming the month of March as “American Red Cross Month”. 

     Districts 1, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Maria Yabrudy who addressed the Board to express her appreciation for the Board’s support. 

     Commissioner Morris entered the meeting at this time. 

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     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-45, as shown on page _______, proclaiming the week of March 8-12, 2004, as “John E. Polk Correctional Facility Jail Chaplain Appreciation Week”. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

     The Resolution was presented to Chaplain Bob Gregory who addressed the Board to express his appreciation. 

     Chairman McLain announced that the annual benefit banquet will be held this Friday at 6:30 p.m. at the Sanford Civic Center. 

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     Motion by Commissioner Morris, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-46, as shown on page _______, honoring Sir Brian Mawhinney, Member of the British Parliament and former Minister of State for Northern Ireland as the keynote speaker at the Seminole County Prayer Breakfast. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Commissioner Van Der Weide, as Liaison Commissioner to the Orlando/Sanford International Airport, introduced President and CEO, Larry Dale, to update the Board on the good things that are happening at the Airport. 

     Larry Dale addressed the Board to advise the economic impact of the Airport is approaching $2 billion annually.  He said the true significance of their success in serving Seminole County and the region goes to the routing maps that Larry Goldthorp, President of TBI USA, will discuss.  He added that TBI USA manages the terminals in a private partnership with the Airport and have invested about $56 million. 

Larry Goldthorp, TBI USA, addressed the Board to express his appreciation to the BCC for their support of the Airport and for the widening of East Lake Mary Boulevard.  He discussed the SFB Route Map Comparison for May 2003 vs. May 2004 (copy received and filed), advising there is a recovery taking place in the airline industry since September 2001.  He reviewed the carriers that are providing tickets outbound for the Orlando market.  He explained that Vacation Express is a domestic hub operation which will start April 23, 2004 and it will provide service to:  Atlanta, Nashville, Charlotte, Louisville, Baltimore/Washington, Youngstown, Wilkes-Barre/Scranton, Cincinnati, Cancun, Aruba, Puerta Plata, Punta Cana, Liberia/Costa Rica.  He advised that TransMeridan (service started in June 2003) services: Las Vegas, Oklahoma City, Chicago, Toledo, Harrisburg, and Syracuse (with more to come).  He said one of the biggest achievements is bringing Canadian business into the market and Jetsgo flies to Toronto, Montreal and connecting service to Vancouver and Halifax.  He advised that about 37% of traffic at the Airport is domestic. 

     Commissioner Van Der Weide suggested SGTV cooperate with the Airport and make a presentation in a format for public knowledge and have it updated on a regular basis.  He said the growth and the efficiency of the operation is phenomenal. 

     Chairman McLain stated he believes Mr. Dale and Mr. Goldthorp would be happy to work with SGTV to prepare a program on the Airport.  Commissioner Henley agreed that should be done. 

     Commissioner Morris suggested showing flight schedules on SGTV. 

     Upon inquiry by Commissioner Maloy, Mr. Dale advised the City of Sanford is in the process of building a new sewer plant at the Airport. 

     Mr. Dale announced that FlyBlue has committed to come to the Airport this summer.  They will have a 767 plane with service from Orlando/Sanford International Airport to England. 

     Chairman McLain stated that providing information to the public through SGTV and the County’s web site would be a great idea. 

COUNTY MANAGER’S CONSENT AGENDA

     Under Item #22, Art in Public Places Policy, Commissioner Maloy suggested clarifying (on Page 4 of the policy and Page 2 of the resolution) that “works of art may be offered for sale to the general public”. 

     Commissioner Morris stated he would like to see the individual contracts with the artists because he is concerned that the termination language will not be strong enough.  He said it needs to be absolutely stated that the displays are at the will of the County.  Commissioner Van Der Weide agreed with Commissioner Morris. 

     Chairman McLain stated that they are providing this art for the public and the BCC does not want it to be a controversial issue.  He agreed that the County needs to be in complete control as to what Seminole County buildings are showing. 

     Upon inquiry by the Chairman, DCM, Sally Sherman, addressed the Board to state staff is comfortable with making the changes as suggested by the Board. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to approve and authorize the following: 

COMMUNITY SERVICES

Community Assistance

 3.  Approve and authorize Chairman to execute Second Amendment, as shown on page _______, to Seminole Community Mental Health Center Services Agreement. 

 

ENVIRONMENTAL SERVICES

 4.  Approve Utility Easement, as shown on page _______, parallel to and continuous with the County’s utility and access easement to the Village of Remington Lift Station from SR 434 (Alafaya Trail).  Easement will provide additional area for ingress/egress to the station and driveway connection to SR 434 (CHRISCOR, LLC.) 

Solid Waste Management

 5.  Approve and authorize Chairman to execute Certificate of Public Convenience and Necessity for Four Jays - Management, Inc. 

 

FISCAL SERVICES

Budget

 6.  Adopt appropriate Budget Amendment Resolution #2004-R-47, as shown on page _______, in the amount of $8,420 – Judicial: 00100 – General Fund.  The budget for the Civil Traffic Division was reduced with BAR #03-007 on December 9, 2003.  The original reduction was representative of grant match dollars that could be satisfied through the provision of in-kind services.  Upon further review, the amount of the reduction was inadvertently made too high.  This BAR re-appropriates the required funding in the amount of $8,420 from General Fund Reserves.

MSBU

 7.  Authorize scheduling and advertising a Public Hearing for the adoption of an Ordinance to create “Cub Cove Water & Wastewater Construction MSBU”. 

 8.  Approve and authorize Chairman to execute two Satisfaction of Liens, as shown on page ________, for: (1) Gary L. Hiller, and (2) Andrew and Noriko Caba for the Chula Vista Road Paving and Drainage Municipal Services Benefits Unit (Ordinance No. 97-94). 

Purchasing

 9.  Approve Amendment #4, as shown on page _______, to M-56-98/BJC – Utility Relocation for SR 434, Phase II with Rockett & Associates, Orlando ($41,407.00).

10.  Approve Amendment #1, as shown on page ________, to RFP-4176-02/BJC – Outpatient Substance Abuse Treatment Services for the Seminole County Drug Court Program, with The Grove Counseling Center, Inc., Altamonte Springs, (Adjusted Contract Value, Not-to-Exceed $84,999.00).

11.  Approve Amendment #1, as shown on page _______, to RFP-4106-01/BJC – Maintenance Management System for Public Works with Bender Engineering of Los Alamitos, California ($150,000.00).

12.  Approve ranking list for PS-5154-04/AJP – Agreement, as shown on page _______, for CEI Services for East Lake Brantley Drive Improvements, with JEA Construction Engineering Services, Inc., Rockledge (Not-to-Exceed $300,000.00).

13.  Approve Renewal #2 to A/B-3017-01/GMG – Term Contract for major mowing services for Roads and Stormwater Divisions, with Ott Landscape, Inc., Deland (May 22, 2004 through May 21, 2005) (Not-to-Exceed $315,000.00).

14.  Approve Renewal #2 to A/B-3018-01/GMG – Term Contract for Utilities Mowing Services, with Ott Landscape, Inc., Deland (May 8, 2004 through May 7, 2005) (Not-to-Exceed $51,500.00).

15.  Approve Renewal #2 to A/B-3023-01/PE – Term Contract for landscape maintenance and fine cut mowing services for various locations within the County, with Hinton Enterprises, Deltona (June 26, 2004 through June 25, 2005) (Not-to-Exceed $250,000.00).

16.  Approve Renewal #1 to A/B-3043-02/PE – Term Contract for landscape maintenance and fine cut mowing services for County Fire Stations, with Omega Landscaping, Tavares (May 5, 2004 through May 4, 2005) (Not-to-Exceed $92,000.00).

17.  Informational Purposes Only - Annulment of Award of RFP-4185-03/JVP for the lease of Library System Copiers, with Lanier Worldwide, Inc., Orlando ($18,180.00/year).

 

LIBRARY & LEISURE SERVICES

18.  Approve and authorize Chairman to execute the Grant Agreement, as shown on page ________, for the Summer Library Reading Pilot Project administered by the State Library of Florida to expand opportunities for children to improve their reading skills over the summer.  Grant funds of $7,500 will be used for books to augment the library’s collection at the third grade level.  No matching funds are required.

19.  Approve participation as a partner in Institute of Museum & Library Services (IMLS) federal grant project and authorize Chairman to write Letter, as shown on page _______, in support.  

 

PLANNING & DEVELOPMENT

Development Review

20.  Approve Final Plat for Dunwoody Commons Phase 2, comprised of 154 townhouse units on 15.584 acres within the NW Oregon PUD, located on West SR 46 at North Oregon Street (Pulte Homes Corporation). 

 

PUBLIC WORKS 

Engineering

21.  Approve and authorize Chairman to execute Amendment No. 1, as shown on page ________, authorizing a one-year extension to the Recreational Trails Program (RTP) Project Grant Amendment No. T21023 with the Florida Department of Environmental Protection in the amount of $80,000 of matching grant funds for the FNST Bridge Project to replace the existing bridge over the Econlockhatchee River within the Flagler Trail Corridor. 

 

TOURISM DEVELOPMENT

22.  Approve Seminole County’s “Art in Public Places” Program and Policy, as amended, as shown on page _______. 

 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

 

COUNTY ATTORNEY’S CONSENT AGENDA

     Discussion ensued between the Board and County Attorney, Robert McMillan, with regard to Item #24, Shoemaker Construction Co., Inc. settlement. 

     Upon inquiry, County Engineer, Jerry McCollum, addressed the Board to advise because of the other utilities in the area, they could not move the road improvement on CR 46A and Airport Boulevard to the other side of the road. 

     Commissioner Morris stated Airport Boulevard has an opportunity to be a great feature. 

     Upon inquiry by Commissioner Maloy, Attorney McMillan apologized for the delay on Item #25A, Christopher J. & Laura Cubberly mediation settlement.  He stated he has no reason why this did not get done sooner. 

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve and authorize the following: 

Litigation

23.  Approve mediated settlement relating to Parcel Numbers 105, 705 and 805 of the East Lake Mary Boulevard, Segment I road improvement project, located at 1201 Cornwall Road, Sanford, Humphrey Realty Corporation, in the amount of $297,500.00, plus an agreement to perform some punch list construction items and amend the legal description of a portion of the Permanent Easement Number 085 acquired by order of take to a fee ownership in the County.  The settlement is inclusive of land value, severance damage, interest, attorney’s fees and cost reimbursements. 

24.  Approve proposed settlement relating to Parcel Numbers 174 and 175 of the Airport Boulevard, Phase III, road improvement project, located at 2701 W. 25th Street; and Parcel Number 119 of the County Road 46A, Phase III, road improvement project, located on the southwest corner of County Road 46A and Old Lake Mary Road, Shoemaker Construction Co., Inc. and A.K. Shoemaker Family Limited Partnership’s Properties, in the amount of $2,257,789.77.  The fees for the owners’ experts are not included and will be resolved by the court. 

25.  Authorize Offer of Judgment relating to Parcel Number 127 of the Wymore Road improvement project, located at 252 South Wymore Road, regarding Seminole County v. Adams, et al, in an amount not to exceed $1,300.00. 

25A. Approve mediated settlement relating to Parcel Number 117 of the Airport Boulevard Phase III road improvement project, located along the southeast side of rerouted Airport Boulevard, Christopher J. & Laura Cubberly, in the amount of $40,836.90, inclusive of attorney’s fees and costs. 

Property Acquisition

26.  Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Numbers 171/771 of the Lake Drive road improvement project, located at 1460 Easton Way, Casselberry, Judy Ann Beilke n/k/a Judy Carroll, in the amount of $15,600.00 with no fees, costs, or expenses incurred.

 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S REPORT

     Motion by Commissioner Henley, seconded by Commissioner Morris, to approve and authorize the following: 

27.  Expenditure Approval Lists, as shown on page _______, dated February 17 & 24, 2004; and Payroll Approval List, as shown on page _______, dated February 12, 2004. 

28.  Chairman to execute the following Satisfactions of Judgment for Court Costs: 

Marvin Mackeyroy, #02-1337-CFA - $368

     Kenneth C. McCullough, #91-1045-MMA - $705

     Jose Cordero, #00-13262-MMA - $523

29.  Chairman to execute Satisfaction of Judgment for Application of Indigency Fee for Thomas C. Beckwith, Jr., #01-1896-CFA in the amount of $40. 

30.  Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens: 

     James Fields & Lexington National Ins. Co. - $4,038

     Michael Maldonado & Evergreen Nat. Indemnity Co. - $538

31.  BCC Official Minutes dated February 10, 2004. 

 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     The Board noted, for information only the following Clerk’s “received & filed”: 

1.   Postcard from FDOT RE:  Public hearing scheduled on March 23, 2004 at 6:30 p.m., at the Altamonte Springs Council Chambers relating to the North Orange/South Seminole ITS Enhanced BRT Circulator. 

 

 2.  Copy of Order Suspending Tariff from the PSC RE:  Petition for approval of changes to existing performance guaranty agreement by Florida Power & Light Co. 

 

 3.  Purchase Agreement Settlement Authorization, as shown on page _______, for Parcel #169/769, Lake Drive, John & Pamela Anderson. 

 

 4.  Copy of Memorandum from County Manager, Kevin Grace, dated February 10, 2004 RE:  Capital Project Fund Transfer for furniture for the Juvenile Justice Center. 

 

 5.  Development Orders, as shown on page _______, as follows:  Oak Ridge Business Center; Mobil Oil Corp.; Fred & Rhonda Muschamp; John McGilvray; Robert & Dedra Good; Betty McLellan; Gene & Patricia Gerry; Thomas Scala; Annabelle Sousa; Robert & Deborah Carneal (Lot 14) Robert & Deborah Carneal (Lot 13); Elizabeth Lucey-Hearld; Sergio & Martha Mora; Christopher & Susan Staggs; Seminole County Public Schools/John Leroy; Karen & Brian Ballew; Frances Holmes; John & Karen Florio; Tim & Jill Voss; Mag Development Co., Inc.; Kevin Montes; and Thomas Saunders. 

 

 6.  Copy of Order Granting Amendment of Certificate No. 379-S to extend wastewater service area by Alafaya Utilities, Inc. from the PSC. 

 

 7.  Easement, as shown on page _______, from the County to Florida Power & Light Co. for Parcel #14203030001200000, etc. 

 

 8.  Letter from City Clerk of Winter Springs RE:  Annexation Ordinance #2004-09. 

 

 9.  Copy of letter from Attorney Lonnie Groot RE:  Board of Adjustment Appeal relating to a Special Exception application by the City of Casselberry for a water treatment plant. 

 

10.  Copy of memorandum from Assistant County Attorney, Henry Brown, RE:  Direct Pay Request for expert witness procurement for the case of Seminole County v. Silver Lake Realty Co., et al, Parcel #103. 

 

11.  Copy of Notice of Commission Hearing from the PSC RE:  Implementation of requirements arising from Federal Communications Commissioners Triennial UNE Review:  Location-Specific Review for DS1, DS3 and Dark Fiber Loops. 

 

12.  Consultant Services Agreement M-421-04/DRS, as shown on page _______, with Connect Consulting, Inc. 

 

13.  W.O. #11, as shown on page _______, to PS-5130-02/BJC. 

 

14.  First Amendment, as shown on page _______, to Recycling Processing Agreement RFP-4114-01/JVP with Recycle America Alliance. 

 

15.  Consultant Services Agreement M-408-03, as shown on page _______, with Post Buckley Schuh & Jernigan. 

 

16.  Construction Engineering & Inspection Services Agreement #M-420-04/DRS, as shown on page ________, for Orange Boulevard. 

 

17.  Consultant Services Agreement M-409-03, as shown on page _______, with Post Buckley Schuh & Jernigan. 

 

18.  W.O. #80 & 81, as shown on page ________, to FC-1139-00/BJC. 

 

19.  W.O. #4 & 5, as shown on page _______, to CC-1203-03/BJC. 

 

20.  W.O. #11, as shown on page _______, to PS-566-00/BJC. 

 

21.  W.O. #64, as shown on page _______, to PS-590-01/BJC. 

 

22.  W.O. #3, 7, 8, 14 & 16, as shown on page _______, to CC-1212-03/PWM. 

 

23.  Consultant Services Agreement M-422-04/DRS, as shown on page _______, with Universal Engineering Sciences. 

 

24.  W.O. Amendment #1, as shown on page _______, to Work Order #8 to PS-5116-02/BJC. 

 

25.  Change Order #2, as shown on page _______, to CC-1194-02. 

 

26.  W.O. Amendment #1, as shown on page _______, to Work Order #4 to PS-575-00/BJC. 

 

27.  Fifth Amendment, as shown on page _______, to Courthouse Programming Services Agreement #PS-362-96/BJC. 

 

28.  First Amendment, as shown on page _______, to RFP-4129-02/BJC. 

 

29.  Change Order #1, as shown on page _______, to CC-1202-03/BJC. 

 

30.  W.O. #6, as shown on page ________, to PS-5124-02/BJC. 

 

31.  Work Order Amendment #1, as shown on page _______, to W.O. #12 to PS-372-97/BJC. 

 

32.  W.O. #4, as shown on page _______, to PS-5102-01/BJC. 

 

33.  Work Order Amendment #1, as shown on page _______, to W.O. #10 to PS-566-00/BJC. 

 

34.  W.O. #16 & 17, as shown on page _______, to PS-586-01/BJC. 

 

35.  W.O. #66 & 67, as shown on page _______, to PS-590-01/BJC. 

 

36.  Work Order Amendment #1, as shown on page ________, to W.O. #13 to CC-1212-03/PWM. 

 

37.  Work Order Amendment #1, as shown on page _______, to W.O. #12 to CC-1212-03/PWM. 

 

38.  Work Order Amendment #1, as shown on page ________, to W.O. #11 to CC-1212-03/PWM. 

 

39.  Customer Agreement, as shown on page _______, for Reclaimed Water Rates with Florida Retina Institute. 

 

40.  Conditional Utility Agreement, as shown on page _______, for water and sewer service with ECP Development, Inc. 

 

41.  Amendments, as shown on page ________, to Utility Agreements for Water and Sewer Service with Dayton Hudson Corp. N/K/A Target Corp. 

 

42.  Bill of Sale & letter of acceptance, as shown on page ________, for water and sewer within Ashford Park. 

 

43.  Bill of Sale & letter of acceptance, as shown on page _______, for water and sewer within Retreat at Wekiva Ph. 2. 

 

44.  Bill of Sale & letter of acceptance, as shown on page _______, for water and sewer within Lake Forest Sec. 10C. 

 

45.  Bids for #PS-5158-04 and #PS-5156-04. 

 

REGULAR AGENDA

     Economic Development Director, Bill McDermott, addressed the Board to present request for approval of economic incentives for Priority Healthcare Corporation as a “Qualified Targeted Industry” (QTI).  He advised Priority Healthcare Corp. is currently headquartered in the Lake Mary Technology Park and is a nationally-specialized pharmacy and distributor that provides biopharmaceuticals to people with chronic disease.  Anticipated revenues in 2003 are $1.4 billion.  Presently, they employ 377 people at the facility and will be adding 456 new jobs over a five-year period paying an average salary of $50,322/yr.  He further advised the proposal is to add an additional 55,000 square feet of space.  The BCC is being asked to consider a QTI award.  The total QTI award from the State is $1,824,000.  In accordance with the QTI program, local governments are required to provide a 20% match.  The project is currently located within the City of Lake Mary; therefore, the County and City will each be subject to half of the $364,800 match. 

     Mr. McDermott continued his presentation and advised the return on investment is calculated at 3.3 years for all taxes countywide. 

     Commissioner Morris stated he had an opportunity to tour this facility some months ago and the operation that has been put together is incredible. 

     Commissioner Maloy stated he has never supported this program and believes it is wrong for government to take tax dollars from one group and give to a couple of businesses. 

     Commissioner Morris stated this was a case where the company was looking at other locations and had an expiring lease. 

     Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-48, as shown on page _______, recognizing Priority Healthcare Corporation as a “Qualified Targeted Industry” (QTI) and approving $182,400 as local participation in same. 

     Districts 2, 3, 4 and 5 voted AYE. 

     Commissioner Maloy voted NAY. 

LEGISLATIVE UPDATE

     Assistant County Attorney, Steve Lee, and DCM, Sally Sherman, addressed the Board to distribute a list (received & filed) of Legislative Briefing Items for review. 

     Discussion ensued with regard to the Department of Juvenile Justice cost shifts and the bill that requires government-owned utilities to pay intangible personal property, communications services, documentary, fuel and sales taxes by the governmental utility when providing service that duplicates or replaces IOU utility services or when the utility moves into a new service area. 

      Mr. Grace stated it is important to send a message to the Legislature in opposition to these cost shifts from the entire Board as a whole and individually as Commissioners. 

     Commissioner Henley stated there is a new proposed bill on LYNX that the staff needs to keep an eye on. 

     Ms. Sherman presented the listing of potential projects Seminole County will have for the FY 2005 Federal Budget. 

     After a brief discussion, the Board, by unanimous consensus, approved the list for 2005 as outlined in the Agenda Memorandum; and directed staff to move forward with sending the letter to Congressman Mica outlining the projects.  

     County Engineer, Jerry McCollum, briefed the Board on the Transportation Investment Policy Changes proposed by FDOT, advising there is a concern with the ability to come to a cooperative decision with the seven neighboring counties (Orange, Osceola, Lake, Brevard, Volusia, Flagler and Marion) to equitably distribute money across a large region with so many needs.  He said currently MetroPlan Orlando makes that distribution and it has worked well over the years.  He added that if this proposal is passed, there is a major concern on the ability to have enough money to fund transportation improvements to State arterials; and this could negate future FDOT payback commitments. 

     The Board, by unanimous consensus, directed staff to oppose the Transportation Investment Policy Changes proposed by FDOT at the MetroPlan meeting; and to send a letter in opposition of same to the Legislative Delegation. 

     Fiscal Services Director, Lisa Spriggs, addressed the Board to review HB 1167, proposing to place new construction into the “rolled-back rate” calculation.  She distributed a copy of an analysis and comparison of the bill (copy received & filed). 

     Chairman McLain requested staff determine what Property Appraiser, Bill Suber’s, position is on this bill. 

     Mr. Grace stated if the bill passes, they would have to advertise a higher tax increase and he believes it makes it more misleading to the public. 

     The Board, by unanimous consensus, voiced their opposition to proposed HB 1167; and directed staff to send a letter to the Legislative Delegation in opposition. 

     The Chairman clarified that the Board is opposed to the Department of Juvenile Justice cost shifts. 

     Mr. Grace advised of a proposed ballot initiative to double the homestead exemption.  He further advised that if that passes, it would impact the County by about $16 million annually. 

     The Board briefly discussed the Agricultural Enclaves/Comprehensive Planning/Bert Harris/Casino Bill (SB 1712/HB 1161). 

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     The Chairman recessed the meeting at 11:05 a.m., reconvening at 11:19 a.m., with all Commissioners present. 

REGULAR AGENDA, CONTINUED

     Planning Manager, Matt West, addressed the Board to request direction with regard to future development with the Orlando Sanford International Airport, Airport Layout Plan Area.  He reviewed the Options for Future Development Handout (copy received & filed) with the Board and advised staff has been having continuing discussions with the Airport Authority. 

     Commissioner Morris stated a lot of the protections are in place. 

     Chairman McLain recommended Plan B, approving a joint Planning Interlocal Agreement, whereby, the City must obtain planning authority from the County over properties identified in the Airport Layout Plan that are within unincorporated County. 

     The Board, by unanimous consensus, agreed to move forward with Plan B, as recommended by the Chairman, for the future development within the Orlando Sanford International Airport/Airport Layout Plan Area. 

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     Planning Manager, Matt West, presented request for direction with regard to Code Enforcement Lien for Parcel #21-21-32-5CF-2500-0100, 180 West 3rd Street, Chuluota, Wayne J. Walmer, Sr.   He advised that during the last couple of days, staff has had conversations with the financial investment company who say they are controlling the property and are foreclosing on it. 

     Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the reduction to the Code Enforcement Board Lien to the estimated administrative costs of $645.36 for processing Case #02-133-CEB, 180 West 3rd Street, Chuluota, Parcel #21-21-32-5CF-2500-0100, Wayne J. Walmer, Sr., provided Mr. Walmer is still the owner.   

     Districts 1, 2, 3, 4 and 5 voted AYE. 

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     Planner, Jeff Hopper, addressed the Board to present the Final PCD Site Plan approval for Oviedo Crossroads, Phase III, located west of SR 426 and south of Red Bug Lake Road, Toby Hardy.  He advised that the staff finds that the final site plan and amended developer’s commitment agreement are consistent with the D.O.; therefore, staff recommends approval. 

     District Commissioner Maloy submitted three photographs (received & filed) showing Home Depot stores putting merchandise in the no parking fire lanes.  Whereupon, Mr. West stated staff will follow up with Code Enforcement on same. 

     Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to approve the Final Site Plan and Addendum, as shown on page _______, to the Developer’s Commitment Agreement; and authorize the Chairman to execute same, for 1.57 acres located 350’ west of SR 426 and 700’ south of Red Bug Lake Road, Toby Hardy, based on staff findings. 

     Districts 1, 2, 3, 4 and 5 voted AYE. 

COUNTY MANAGER’S BRIEFING

     Engineer, Frank Van Pelt III, addressed the Board to present the concepts for the lighting and signing of the Cross Seminole Trail/Interstate 4 Pedestrian Bridge.  Copy of Booklet regarding same from PBS&J was received and filed.   He reviewed both Concept A and B and the costs for same as outlined in the Agenda Memorandum.  He said initially a $300,000 budget was established for both the engineering and construction work.  Both concepts exceed the $300,000 budget.  He stated the estimated annualized operating and maintenance costs for either concept is $21,500. 

     Commissioner Maloy stated he was surprised at the cost of these concepts and he has big concerns about it. 

     Upon inquiry by Commissioner Henley, Mr. Grace stated it is possible for the Board to pick and choose certain portions of each option. 

     Commissioner Morris stated the lighting of the bridge has been an issue since day one.  He said this is a major entrance feature on a highly-traveled road and a major statement for the County.  He discussed the FDOT informational signs attached to the bridge and stated FDOT has agreed to move one of them and possibly the second.  He added that the existing lighting can be moved to another location so there is no waste. 

     Commissioner Van Der Weide stated the bridge is an award-winning design and major landmark.  He suggested staff look at what is being done with similar bridges in other areas of the State.  He agreed that what is currently on the bridge is inadequate and believes it does not meet the high standards of the County. 

     Chairman McLain summarized there is consensus of the Board that something needs to be done at the bridge.  He stated he concurs with Commissioner Van Der Weide for staff to find out what other areas are doing.  He added he believes more work needs to be done on this and more information brought back to the Board.  Therefore, he said the Board is interested in modifying the plan to make it more cost-effective after research is done as to what other areas are doing with regard to the signage and lighting.  He commended Mr. Van Pelt and his staff on the work they have done on the trail program. 

PUBLIC HEARINGS

     Chairman McLain advised that the City of Sanford has sent a letter with regard to Item #43, Administrative Large Scale Land Use Amendment for Celery Avenue, withdrawing their interest in what the County is proposing.  Therefore, he suggested that item (scheduled for 7:00 p.m. tonight) be continued; and directed Mr. Grace to schedule a meeting with the Mayor and City Manager to discuss same. 

     He also advised that Item #44, Large Scale Land Use Amendment for Myrtle Street, is also going to be continued until the Fall cycle. 

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     The Chairman recessed the meeting at 11:55 a.m., reconvening at 1:32 p.m., with all Commissioners (with Commissioner Maloy entering late) 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 Henley, to authorize filing the proofs of publications for today’s scheduled public hearings.

     Districts 2, 3, 4, and 5 voted AYE.

 

PUBLIC HEARINGS

REZONE FROM A-1 TO PUD

DEBORAH HAGEN

 

     Continuation from February 24, 2004, of a public hearing to consider rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development); approximately 15.92 acres located on the east side of Orange Boulevard, 0.4 miles north of SR 46, as described in the proof of publication, Deborah Hagen.

     Jeff Hopper, Senior Planner, presented the request, advising that the Planning & Zoning Commission heard this request for R-1 zoning and they recommended R-1AA.  Since that time, the applicant has requested PUD zoning.  He said under this concept, the Preliminary Master Plan and Development Order take the place of the lot compatibility analysis.  Staff is recommending approval subject to the condition requiring a minimum lot size of 11,700 square feet and 75’ width on lots abutting Lake Forest to the east and Orange Boulevard to the west, along with the other conditions as listed in the staff report.  He corrected Condition A in the Development Order to delete the reference to the Land Use Amendment.  He also recommended a maximum density of 3.2 units per net buildable acre.

     Commissioner Morris discussed the original request for R-1AA zoning and the density per acre.

     Commissioner Maloy entered the meeting at this time.

     Chairman McLain stated he suggested the applicant rezone to PUD so they could have larger lots facing Orange Boulevard and Lake Forest and keep the smaller lots on the interior of the development.

     Jason Cyril (phonetic), representing the applicant, addressed the Board to state he concurs with the staff recommendations.

     Commissioner Henley questioned the density with PUD.  Chairman McLain advised with the original plan, there would have been more lots.

     Mr. Cyril stated with PUD, they are down to 36 units from the original count of 42.

     No one spoke in support or in opposition.

     District Commissioner McLain recommended approval of the rezoning to PUD.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to enact Ordinance #2004-10, as shown on page _______, rezoning from A-1 (Agriculture District) to PUD (Planned Unit Development); approximately 15.92 acres located on the east side of Orange Boulevard, 0.4 miles north of SR 46; and authorizing the Chairman to sign the Development Order, as shown on page _______; as described in the proof of publication, Deborah Hagen.

     Districts 1, 2, 3, 4, and 5 voted AYE.

TEXT AMENDMENTS

     Proof of publication, as shown on page _______, calling for a public hearing to consider transmittal of the proposed amendments to the text of the Design and Transportation Elements of the Seminole County Comprehensive Plan (Vision 2020 Plan) designating General Hutchison Parkway as a canopy roadway for inclusion in the County’s Scenic and Canopy Roads program, received and filed.

     Tony Matthews, Principal Planner, addressed the Board to state staff is recommending creation of the 150’ corridor which would extend from the centerline of the roadway and allow for development of the trail.  He said this amendment does not involve acquisition of any property.  Staff is recommending adoption of the subject text amendment to create the General Hutchison Parkway based on findings included in the Agenda Memorandum.

Mr. Matthews advised the Local Planning Agency met on March 3 and unanimously recommended this item to the BCC with one change in the language regarding clearing of canopy trees, native vegetation or construction activities within the corridor (page 3, Item C of the staff report).  Staff concurs with that amended language.  He stated staff notified the owners of these properties and received one phone call in favor and one citizen had some questions and concerns.  If the Board votes to adopt the proposed text amendments, following transmittal to Tallahassee, the second public hearing is tentatively scheduled for June 8, 2004.

District Commissioner Morris stated this is a long-awaited item and he is pleased with the staff’s outreach to the property owners.  He said he has heard no objections.  He said he is very pleased with this.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Henley, to transmit the proposed amendments to the text of the Design and Transportation Elements of the Seminole County Comprehensive Plan (Vision 2020 Plan) designating General Hutchison Parkway as a canopy roadway for inclusion in the County’s Scenic and Canopy Roads program, with staff findings and recommendations, as described in the proof of publication.

Districts 1, 2, 3, 4, and 5 voted AYE.

DIGITAL FUTURE LAND USE MAPS

     Proof of publication, as shown on page _______, calling for a public hearing to consider transmittal of proposed amendments to the text of the Seminole County Comprehensive Plan (Vision 2020 Plan) designating the Digital Future Land Use Maps, as depicted in the FLU Exhibits of the Vision 2020 Plan, as the Official Future Land Use Maps for Seminole County, with findings that these amendments will implement the conversion of Vision 2020 Future Land Use Maps from paper to digital format, received and filed.

     Mr. Matthews stated the staff is recommending this amendment to the Comprehensive Plan to reflect the change to digital maps.

     No one spoke in support or in opposition.

     Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to transmit the proposed amendments to the text of the Seminole County Comprehensive Plan (Vision 2020 Plan) designating the Digital Future Land Use Maps, as depicted in the FLU Exhibits of the Vision 2020 Plan, as the Official Future Land Use Maps for Seminole County, with staff findings and recommendation, as described in the proof of publication.

     Districts 1, 2, 3, 4, and 5 voted AYE.

COMMUNICATIONS AND/OR REPORTS

 

The following Communications and/or Reports were received and filed:

 1.  Letter dated 2/19/04 to Phillip E. Glidden from Chairman McLain re:  Internet content filtering at County public libraries.

 

 2.  Copies of letters dated 2/23/04 from Jane Peterson, Library Services Manager, re:  appreciation of donations to the County library system from:  East Branch Library Staff in honor of Agnes Peterson and Carolyn Erion.

 

 3.  Notice of 3/3/04 Council of Local Governments in Seminole County (CALNO) meeting.

 

 4.  Notice of 3/3/04 Sanford Community Redevelopment Agency (CRA) meeting.

 

 5.  Parks & Recreation Contracts, as shown on page _______, for Services for Slow-Pitch Softball Scorekeepers with the following:  Marchell Madison; Elena Rajabian; Jessica Suarez; Robert Wilds; Harold T. Jackson, Jr.; Sidney Porter; Allen Popels; Kimberly K. Davis; and Josh Frazier.

 

 6.  Memorandum dated 2/25/04 (with attachment) to BCC from Kevin Grace, County Manager, re:  Capital Project Fund transfer, $46,481 for Juvenile Justice Center project.

 7.  Letter dated 2/20/04 (with attachment) to Chairman McLain from Michael J. Napier, Health Department Administrator, re:  1st Quarter Report 2003-04.

 

 8.  Copy of letter dated 2/25/04 to Richard D. Bavec, Lake Forest/NTS Development, from Meredith H. Pickens, Shutts & Bowen, re: NW Oregon PUD proposed amendment.

 

 9.  Memorandum dated 2/24/04 to BCC from Betsy Cohen, Purchasing, re:  cut-off for requisitions due to J.D. Edwards conversion.

 

10.  Letter dated 2/24/04 to BCC from Michael J. Napier, Health Department Administrator, re:  “Public Health Ready” pilot project sponsored by Centers for Disease Control and National Assoc. of City & County Officials.

 

11.  Memorandum dated 2/27/04 (with attachment) to BCC from Kevin Grace, County Manager, re:  Capital Project Fund transfer, $700,000 for Dodd Rd. project.

 

12.  Notice of 3/18/04 and 3/23/04 FL Dept. of Transportation public information meetings re:  SR 50 (Hancock Rd. in Clermont to Pine Hills Rd. in Orlando).

 

13.  Copy of “Keeping the Promise” Careholders’ Report 2003 from Orlando Regional Healthcare.

 

14.  Notice of REVISED 3/3/04 Sanford Community Redevelopment Agency (CRA) meeting.

 

15.  Letter dated 2/24/04 to Commissioner McLain from Thomas G. Percival, Jr., FL Dept. of Transportation, re:  SR 415 project PD&E study from SR 46 to SR 44. (cc:  County Managers, Public Works Director, County Engineer)

 

16.  Copy of letter dated 2/26/04 from John Cooper, Bradford County Commissioner, to Guy Maxcy, Highlands County Commissioner and President of FL Assoc. of Counties (FAC) re:  FAC Counties At Risk report and possible actions by certain member counties to withdraw from FAC. (cc:  BCC, County Managers, County Attorney, Deputy County Attorney)

 

17.  Letter dated 2/24/04 to Chairman McLain from Alma Wade, FL Auditor General Office, re:  operational audit of County Wireless E-9-1-1 Funds for FY 02/03. (cc:  BCC, County Managers, Clerk of Circuit Court, Fiscal Services Director, Public Safety Director, County Attorney, Commission Records)

 

18.  Letters (received various dates) to Commissioner McLain re:  opposition to change in NW Oregon PUD to allow car dealerships at SR 46 and Oregon Ave. from:  Ramon F. Figueroa; Dr. & Mrs. Jeffrey Brody; Beth B. Ledray; Richard Abraham; Christopher & Patricia Brackett; Joyce & Keith Marshall (2); Arthur & Judith DeVito; Robert & Gail Foster; Thomas M. Wandeloslin; Fred Tepper; Robert & Frances Manuel; (illegible signature); Maria M. Penzes; Karin L. Teston; Diana & Salvatore Giardina.

 

19.  Copy of memorandum dated 2/27/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re:  Submission into County Records.

 

20.  Parks & Recreation Contract, as shown on page _______, for Services for Slow-pitch Softball Scorekeeper with Corey Snow.

 

21.  Parks & Recreation Contracts, as shown on page _______, for Services for Slow-pitch Softball Umpires with the following:  Nancy P. Dillon; Greg Reynolds; John J. Wiley; David E. McCoy; Billy G. Wapole; Jason A. Smith; Jeffery Wiley; John P. Florenza; Glenn Van Pelt; Peter Velasquez; Peter L. Theoret; John Steven Mitchell; Rafael A. Rosado; Matthew F. Baysden; Robert S. Young; Kenneth R. Rowland; Edward Rodriguez; Tom Publick; Gerald F. Meter; Stanley Ransom, Sr.; Roy Smith; Ronald K. Moyer, Jr.; Martin M. Keller; and Luis A. Santiago.

 

22.  Copy of letter dated 2/26/04 to Kimberly C. Strickland from Joe Gasparini, Parks & Recreation Manager, re:  appreciation of donation in memory of Lt. Col. Kenneth F. Strickland.

 

23.  Memorandum dated 3/1/04 (with attachment) to BCC from Kevin Grace, County Manager, re:  Capital Project Fund transfer, $142,000 for Traffic Engineering Control Center.

 

24.  Letter dated 2/29/04 (with attachment) to Chairman McLain from John P. Saboor and Doug Barclay, Central FL Sports Commission, re:  February activity report.

 

25.  Letter received 3/2/04 to BCC from Elaine C. Kramer, Orlando Sentinel, and Linda W. Chapin, UCF Metropolitan Center for Regional Studies, re:  commemoration of the 50th anniversary of Brown v. Board of Education in the struggle for racial equality.

 

26.  Memorandum dated 3/2/04 to BCC from Mary Kay Cariseo, FL Assoc. of Counties, re:  Dept. of Juvenile Justice budget and cost shifts.

 

27.  Letter dated 3/1/04 to BCC from Dana Loncar, Orlando Regional Healthcare, re:  M.D. Anderson Cancer Center-Orlando addition of Helical Tomotherapy image-guided intensity modulated radiation therapy.

 

28.  Copy of letter dated 2/24/04 (with attachment) to Steve Moore, PBS&J, from Stan Bessmer re:  SR 436/US 17-92 Fly-over.

 

29.  Letter dated 3/1/04 to Chairman McLain from Andrew W. LaVigne, FL Citrus Mutual, re:  area meetings on citrus issues which impact government.

 

30.  Copy of memorandum dated 3/5/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re:  Submission into County Records.

 

31.  Memorandum dated 3/4/04 to BCC from Fran Sullivan, Tourism, re:  minutes of February Tourist Development Council meeting.

 

32.  Letter dated 3/4/04 to Chairman McLain from Daphne Moore, Wal-Mart Stores, re:  location of Wal-Mart stores in Seminole County.

 

33.  Notice of 3/18/04 Tri-County League of Cities meeting.

 

34.  Letter dated 2/25/04 to Chairman McLain from Glenda E. Hood, Secretary of State, re:  Lake Mary Chamber of Commerce Building official listing in the National Register of Historic Places as of 2/11/04.

 

35.  Letter dated 2/27/04 to Chairman McLain from Barbara E. Mattick, FL Div. of Historical Resources, re:  Lake Mary Chamber of Commerce Building official listing in the National Register of Historic Places as of 2/11/04.

 

36.  Notice of Proposed Agency Action dated 3/2/04 to BCC from Michael E. Ashey, FL Dept. of Environmental Protection, re: Establishing a Temporary Point of Compliance for Former Seminole Ford, 3786 S. Orlando Dr. (cc:  BCC)

 

37.  Letters (various dates) to Commissioner McLain re:  opposition to change in NW Oregon PUD to allow car dealerships at SR 46 & Oregon Ave. from: Robert W. Longley; Greg & Terri Lagatta; Susan Cornett; Donald & Delores Berman; Charles & Robin Lamphere; Thomas W. Wilkes; Nancy S. Turner; and Gene McKay.

 

DISTRICT COMMISSIONERS’ REPORTS

 

     Commissioner Maloy stated he would like an update on the water rates.  He said the Board didn’t lower anything but raised the rates a little above the lower to the upper end.  He would like to have a report back from staff and take another look at the rates.  He said he doesn’t see how that could be revenue neutral.  Maybe they need to lower some of those lower rates to equal it out.

     Mr. Grace stated it’s been about six months.  Staff will get those numbers and come back to the Board. 

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     Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to adopt appropriate Resolutions of Appreciation to Ben Tucker, #2004-R-51, as shown on page _______, for his service on the Parks & Recreation Advisory Board; and #2004-R-52, as shown on page _______, for his service on the Natural Lands Committee; and adopt appropriate Resolution #2004-R-49, as shown on page _______, of Appreciation to John Penny for his service on the Trails and Greenways Committee.

     Districts 1, 2, 3, 4, and 5 voted AYE.

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     Commissioner Henley stated regarding the 17-92 Flyover that he is not in favor of backing out of that.  However, he thinks it will serve the Board well to take another look at the design to see if they could do something to alleviate some of the concerns that have been identified.

     Chairman McLain said he thinks the Board needs to look at some of the impacts that have been suggested could happen as a result of the design.  He agrees they need to take a closer look at it.

     Mr. Grace said he thinks the next stage is design and they need to make DOT aware of the issues.

     Chairman McLain said he would like to have it clarified as to actually how much time this is going to save people.  He said he would like to have a private briefing on that. 

     Commissioner Maloy shared an idea from a citizen called the “Michigan Left Turn,” which is an alternative way of handling the traffic through busy intersections.  He said this is done quite a bit in Michigan and it works.  He will forward this information to the Board. 

     Commissioner Morris advised of a letter submitted by Mr. Bessmer.  There are potentially three significant items that need to be addressed by FDOT.  One is the U-turn movement at SR 436 and 17-92 headed northbound.  He said this needs better explanation to the public.  The other U-turn ½ mile north on 17-92 by the Police Department to get into the Big Crown development is of major concern.  The third item of concern is what is happening on SR 436 at Oxford.  He said there were some other smaller issues, but these big ones need to be responded to.

     Commissioner Van Der Weide stated he thinks one of the major reasons they have concerns is the length of the right-of-way.   He thinks they are trying to do too much.  It would be very worthwhile to take another look and get the issues resolved.

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     Commissioner Henley stated there was an article in the Sanford Herald about one of the cities that has disturbed him regarding the amount of criticisms that have been heaped on the Board by the Longwood Commissioners because of broken promises by the BCC.  The City Commission has stated it is the BCC’s job to raise taxes.  He thinks it behooves the Board or County Manager to enlighten the City Commission on this matter. 

     Chairman McLain said he thinks the Board needs to ask what promises the City Commission is talking about.

     Mr. Grace stated a City Mayors/Managers meeting will be held on Thursday and they can talk about this issue again.  He said the Longwood City Commission is talking about what the mayors and managers group voted on twice in the last two years, including the City of Longwood, to share the ADA costs until they jointly develop a long-term solution.  Some wanted to adopt a long-term solution last fall, but the BCC never committed to do that.  He said this may be the long-term solution, but the County is still looking at other alternatives.  He said they will have this discussion again on Thursday.

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          Chairman McLain recommended a motion to appoint Sylvester Chang to the Parks & Recreation Advisory Committee.

          Motion by Commissioner Henley, seconded by Commissioner Van Der Weide, to appoint Sylvester Chang to the Parks & Recreation Advisory Committee to complete the remaining term to January 1, 2005, of Gary Monsees; and adopt appropriate Resolution #2004-R-50, as shown on page _______, of Appreciation to Gary Monsees for his service on the Committee.

          Districts 1, 2, 3, 4, and 5 voted AYE.

COMMITTEE REPORTS

     Commissioner Morris advised he will be traveling to Tallahassee on Thursday and Friday for the Florida Association of Regional Councils.  He said he would be reflecting some of the thoughts that came up today regarding discussion of the legislative agenda issues.  He asked if the Chairman or Mr. Grace have any follow-up thoughts on that to let him know.

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     Commissioner Morris thanked the County staff and Commissioners who attended the Boy Scouts fundraiser that raised $115,000. 

     Chairman McLain congratulated Commissioner Morris for being honored by the Boy Scouts.

     Commissioner Morris said it was this Commission that stood steadfastly protecting the Boy Scouts’ individual rights against the minority trying to control its mission.  This was the second largest fund-raiser turnout.  He expressed thanks to the Board.

PUBLIC HEARINGS, Continued

     Chairman McLain reminded the Board that Items #43 and #44 on the agenda are being continued.  The Board will only consider the continuances tonight.

     Commissioner Van Der Weide advised he will be late this evening because he is serving on the Canvassing Board for the Presidential Primary Election.  He stated he has spoken to Planning & Development Director Don Fisher and given him his recommendation for his district item. 

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     The Board recessed at 2:04 p.m., reconvening at 7:05 p.m., this same date, with all Commissioners (with Commissioner Van Der Weide being absent) 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

LAND USE AMENDMENT/Seminole County

     Proof of publication, as shown on page _______, calling for a public hearing to consider transmitting to the Department of Community Affairs (DCA) for review and comment request for an Administrative Large Scale Land Use Amendment for approximately 549 acres, located on the north and south sides of Celery Avenue, Seminole County, received and filed.

     Chairman McLain advised this item is being continued to a date uncertain and will be announced later and readvertised.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Morris, seconded by Commissioner Henley to continue to a date uncertain, request for an Administrative Large Scale Land Use Amendment for approximately 549 acres, located on the north and south sides of Celery Avenue to the Department of Community Affairs (DCA) for review and comment, as described in the proof of publication, Seminole County.

     Districts 1, 2, 4 and 5 voted AYE.

LAND USE AMENDMENT/Ann Esterson & Henry Schumacher

     Proof of publication, as shown on page _______, calling for a public hearing to consider Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential to the DCA for sixty plus acres located on two tracts of land, (1) north of Myrtle Street, approximately 1,200 feet east of Nolan Road, (2) south of Myrtle Street and west of Nolan Road, Ann Esterson & Henry Schumacher, received and filed.

     Chairman McLain stated this item is being continued to the 2004 Fall Cycle.  He stated this item might be eliminated depending on the outcome of the Urban Conservation Village Concept scheduled for June, 2004.

     A letter from Ann Esterson requesting a continuance was received and filed.

     No one spoke in support or in opposition of the continuance.

     Motion by Commissioner Henley, seconded by Commissioner Morris to continue to the 2004 Fall Cycle, request to transmit an Administrative Large Scale Land Use Amendment from Suburban Estates to Low Density Residential to the DCA for sixty plus acres located on two tracts of land, (1) north of Myrtle Street, approximately 1,200 feet east of Nolan Road, and (2) south of Myrtle Street and west of Nolan Road, as described in the proof of publication, Ann Esterson & Henry Schumacher.

     Districts 1, 2, 4 and 5 voted AYE.

TRADITION AT ALAFAYA FINAL MASTER PLAN/

Broad Street Partners

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to approve Final Master Plan for the Tradition at Alafaya PUD subject to the Developer’s Commitment Agreement for a 16.56 acre mixed use development located south of West Carrigan Avenue and north of Econ River Place, received and filed.

     Matt West, Planning Manager, addressed the Board to explain why this item is a public hearing.  He stated staff noted three outstanding issues and felt that the Board needed to address them.  The first issue is the location of the pool being approximately 250 ft. from the lots in Remington Village.  The development order requires that there be no outdoor recreational facility within 300 ft. of the lots.  The applicant met with the staff and the community to discuss the separation requirement.  The developer, in staff’s opinion, has mitigated by turning the clubhouse and allowing it to act as a screen between the homes and swimming pool area.  A wall and a gate will be built to connect to the first apartment building.  In their discussions, there were possibilities that the developer could flip this project and move four buildings.  But there would be an extra three-story building closer to single-family homes.  Staff felt that by using the clubhouse as a screen as well as the wall and the extensive landscaping plan, the impact has been mitigated.  He stated he has submitted some e-mails (received and filed) from residents expressing their concerns that the CPTED recommendations is not being met.  The Sheriff’s Office has submitted their input (received and filed) addressing the concerns.  He stated he is recommending that the lighting plan be submitted to the Sheriff’s Office at the time of the final site plan.  He said he is also recommending relocating the trash compactor.  Staff discussed the dumpster issues with the residents and developer and they feel that since this is a leasing office, it is probably predicated on keeping the entrance neat and clean.  Staff feels since the applicant has met the condition of the original development order, they are in compliance with the Code and Comp Plan.  He stated the last issue deals with the swimming pool location and recreational area, and staff feels that has been addressed by the placement of the clubhouse.  The Sheriff’s Office is recommending that a wall or fence be installed around all sides of the complex.  The Sheriff’s Office also felt that the rest of the property should be fenced as they didn’t want to give the residents a false sense of security that because it is gated it is more secured.  He stated he discussed this issue with the Sheriff’s representative and the intent of the gating of the entrance was to prevent cut-through traffic and not for greater sense of security.  Staff feels that this condition is not necessary or required by the Code.  What the applicant has submitted is in compliance with the original development order approved on May 13, 2003.  The proposed Developer’s Commitment Agreement reiterates those conditions as well as the lighting plan to be submitted for review at the time of the final site plan approval.  A children’s recreational amenity must be provided to staff prior to the final site plan approval.  Staff is recommending approval of the request.

     Upon inquiry by Commissioner Maloy, Mr. West advised staff is recommending an exit only on Econ Place, but, as a planner, he would prefer that be a full access point. 

     Mr. West displayed and reviewed for Commissioner Maloy the plans on the aerial as far as landscaping and where the natural buffer will be located.

     Attorney Ken Wright, Shutts & Bowen, addressed the Board to state he basically is in agreement with staff.  He addressed issues relating to the location of the trash compactor.  The Sheriff’s Office recommended that there should be dumpsters dispersed around the site so that people could get to know each other when they dump their garbage.  He addressed the issues of the exit and entrance to Econ Place and security controls on the gating.  He stated he doesn’t believe there are any objections to having the lighting reviewed and the tot lot location.  He displayed and reviewed an aerial (not received and filed) displaying the location of the trash compactor and what is currently being proposed to move the compactor near the clubhouse and farther away from the entrance.  He displayed and reviewed a drawing (not received and filed) showing the landscaping plan, clubhouse, swimming pool, and leasing office. 

     Upon inquiry by Commissioner Morris, Attorney Wright explained how the parking is going to affect vehicles coming in and out of the area.

     Upon further inquiry by Commissioner Maloy, Adrian Downey Jacks, Dick Blake & Associates, addressed the Board to review what the traffic patterns will be when residents usually drop off their trash.

     Ms. Jacks informed Commissioner Maloy that the compactor is approximately 60 to 100 ft. further away than where it was previously located.  The dumpster is located between the Hess building and their car wash.

     Upon inquiry by Commissioner Henley, Mr. West advised apartments generate about 7 trips per day per unit. 

     Attorney Wright emphasized that they cannot deal with the Econ Place exit as it is too short of a notice.  He stated he feels the developer would be willing to revisit it if FDOT warranted a signal at Econ Place.

     Upon inquiry by Commissioner Maloy, Attorney Wright advised this is not a new development and it is not one of the items that has caused this to come back for a public hearing.  There has been nothing from staff regarding traffic situations that would warrant it.  It was suggested that the developer redesign the site to accommodate the gate and that is something he cannot do.  If someone could give them a reason supported by the Code, traffic study or reasonable basis, then he will be glad to consider it.  It is not reasonable to come up with it at the last minute. 

     Bert Locke, 3044 Salisbury Cove, addressed the Board to state he has been opposed to the rezoning change.  He displayed and reviewed a drawing (not received and filed) showing a berm to preserve the level of the parking lot.  He stated he has concerns that a vehicle parking in this section, could direct their headlights straight across and they would be higher than the 6 ft. screen wall and could potentially beam to the back yards of the residential area.

     Mr. West stated the issue is the drainage will need to go into the site as opposed to draining into the homes.  The applicant may have to put in a low retaining wall to get the drainage to head south.  He stated there is no scale on Mr. Locke’s drawing and that is something staff will need to review.  The issue is if they want to make the wall higher, it will make the footer bigger and more trees will have to be removed.  Whether this was an apartment complex or shopping center, you will have this issue. 

Chairman McLain stated that issue can be addressed at the final site plan review.

     John Goodrum, 2968 Joseph Circle, addressed the Board to state he is speaking on behalf of Cindy Gundy, President of Remington Village Homeowners Association.  He stated he believes the relocation of the garbage compactor is a step in the right direction.  The question he has is how will the truck get back there to empty the compactor. 

     Chairman McLain stated that is an issue that will be addressed at the final site plan.

     Mr. Goodrum stated the homeowners association feels that the relocation of the compactor is an acceptable alternative to the original plan.  He stated if he lives in the southwest corner of Econ River Place, he has to go all the way through the community to get back in because there is an exit only on this side.  When he comes back from work, he will have to come back around Carrigan and then to the southwest corner.  He said a lot of traffic will be added to Carrigan.

     Chairman McLain stated he believes that already has been agreed upon and is in the development order.  He stated he feels that is a good thing for the applicant to consider and it needs to be a voluntary commitment.

     Mr. Goodrum stated even though the reconfiguration of the pool deck and landscaping does not meet within the requirement of 300 ft., he doesn’t have any objections to that as long as it will mitigate the noise, and the landscaping is done according to the requirements during the final site plan.

     Chairman McLain stated he is sure the applicant will make sure that the homeowners’ association will be involved in that.

     Upon inquiry by Mr. Goodrum, Mr. West explained what the public hearing notice requirement is for Seminole County.

     Mr. West explained for Commissioner Maloy what a cross access easement and access point is.

     Attorney Wright stated there has never been a site plan designed with regard to the access point on Econ Place being both an entrance and an exit.  The site plan does not accommodate both and it would serve no purpose to have one entrance that have the same security as the other.  This project is back before the Board because of the shift of the location of the pool, which require putting up a three-story building against the neighbors, and to bring a concession  that has been acceptable to the neighbors. 

     At the request of Commissioner Maloy, Mr. West explained Condition #25 of the development order.

     Upon inquiry by Commissioner Maloy, Mr. West advised he doesn’t think that this issue is a complex problem for DRC to hear again.

     Commissioner Morris stated when you look at other apartments, there is one ingress or egress for 390 units with a commercial shopping center on one side.  He stated he doesn’t see a problem with the access.

     Attorney Wright stated the access point to the south of Econ Place provides additional exiting opportunities for those heading south bound.  It also provides a means for emergency vehicles to go through the gate and gain access to the south part of the property.  The access points shown on the plan are the one requested by the applicant and was not imposed upon by staff.

     No one else spoke in support or in opposition.

     Speaker Request and Written Comment Forms were received and filed.

     Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Final Master Plan for the Tradition at Alafaya PUD subject to the Developer’s Commitment Agreement, as amended by staff, for a 16.56 acre mixed use development located south of West Carrigan Avenue and north of Econ River Place, Broad Street Partners, LLC, subject to the changes of the garbage compactor as presented; with the submitted landscape plan where the compactors are to be moved further to the south; a lighting plan will be submitted to the Sheriff’s Office; and a full access to Econ Place as presented in the preliminary plan.

     Districts 1 and 4 voted AYE.

     Commissioners Morris and McLain voted NAY, whereupon, the motion failed for the lack of a majority vote.

     Chairman McLain stated when they get to the end of a process, it is difficult to make changes at the last minute.  The applicant has made it clear that there is substantial cost to make these access changes.  The people who come into this development will know the access point and if they are not happy with it, they will not be a part of this project.  Based on this process, he feels they are overreaching a little by putting in new conditions in the development order when there is already one approved.  That is his problem with this.

     Commissioner Morris stated the Code does not call for this and this has been a troubled project since the day it was proposed.  He stated he understands Commissioner Maloy’s intent, but it is not integral to the success of the protection of the surrounding properties.  He said he would have to agree that if the design is not working effectively, then they can come back requesting an alternative.  One alternative is to open up the cross access with a direct access link or a cross access on the planned commercial property and the other would be a full access.  There are a number of projects like this in the County.

     Commissioner Maloy stated he was trying to be consistent and he doesn’t see where they are adding anything new. 

     Commissioner Morris stated the problem here is it wasn’t a requirement.  The designs have been made based upon what staff has done. 

     Mr. West explained for Chairman McLain why this was not a requirement and why it took this amount of time to come back after the design work has been done.

     Chairman McLain stated the Sheriff’s Office was satisfied with this plan as well as the conditions and requirements placed on it.

     At the request of Commissioner Henley, Mr. West commented on staff’s interpretation of Condition #25 of the development order.

     Commissioner Morris stated the Board looks at CPTED as recommendations that they can adopt.  If the Engineers and Sheriff Officers could design under CPTED, then they would design everything stripped of all vegetation so they can see everything in the site.  Therefore, common sense needs to be applied.

     Commissioner Henley stated his vote wasn’t predicated on CPTED.  He stated he interpreted the drawing that they were requiring it in the development order.

     Chairman McLain stated he believes the Board is in agreement with everything except for the access.  He announced that Commissioner Van Der Weide is not in attendance due to serving on the Canvassing Board for the Presidential Primary.

     Motion by Commissioner Morris, seconded by Commissioner Henley to approve the Final Master Plan for the Tradition at Alafaya PUD subject to the Developer’s Commitment Agreement, as shown on page _________, as amended by staff and authorize Chairman to execute same; approval of the Development Order, as shown on page _________, for a 16.56 acre mixed use development located south of West Carrigan Avenue and north of Econ River Place, as described in the proof of publication, Broad Street Partners, LLC, subject to the movement of trash compactor, moving of the clubhouse and additional landscaping as presented.

     Under discussion, Commissioner Henley stated he feels that two entrances and exits would be best to disperse the traffic.  However, if staff interprets Condition #25 differently and did not push that at the DRC hearing, then the applicant has a valid argument in trying to put this in at the last minute.

     Chairman McLain stated he believes that the Board agrees that two access points would be best, but based on what staff has done to this project, he will have to support the motion.

     Commissioner Maloy asked the motion maker and seconder to include a condition that if the full access is eventually approved at Econ River Place, that entrance and exit would be allowed there.  There has been ongoing debate with the property owners up and down this road as they have been trying to lobby FDOT for an access.  There is a strong push to close Carrigan and put a light at Stillwater if the traffic becomes a problem in the future.

     Chairman McLain stated if changes occur with the traffic patterns, access and lights, then he would agree that should be considered in the future.

     Upon inquiry by Commissioner Morris, Attorney Wright advised he doesn’t feel that since his client has designed the main feature off of Carrigan that he would want that closed.  He stated he would be open to revisiting that if there were ultimately a warrant for a signal at Econ Place.

     Commissioner Maloy stated if FDOT had their way on this, they would put a light up at Econ and close Carrigan, and put a light up at Stillwater and close Lake Hayes.

     Attorney Wright stated his client is saying that if anything happened regarding the resignalization of the traffic patterns on Alafaya, Econ Place or Carrigan, he would be amenable to review those.

     Mr. West stated staff probably could put language in the developer’s commitment agreement that that access is not restricted to exit only, and they can reserve the right to have full access.  Whereupon, Attorney Wright agreed to that being included.

     Motion by Commissioner Morris, seconded by Commissioner Henley to amend the motion to include language in the developer’s commitment agreement as depicted by Mr. West.

     Districts 1, 2, 4 and 5 voted AYE.

     The Chairman called for a vote to the main motion with Commissioners 2, 4 and 5 voting AYE and Commissioner Maloy voting NAY.

REZONE/Hugh Harling

     Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from R-1B to R-1BB on approximately 1.58 acres on the east side of Bear Lake Road, approximately 1.8 miles south of SR 436, Hugh Harling, received and filed.

     Jeff Hopper, Planning, presented the request as outlined in the Agenda Memorandum.  He stated the applicant is requesting clarification of the outcome of a previous request for R-1BB that was presented to the Board on October 14, 2003.  He said R-1BB was approved on an intervening parcel separating the site of the present request from the CSX Railroad and the City of Altamonte Springs.  Staff recommended R-1B in order to create a transition between 50-foot lots on the applicant’s property adjacent to the railroad and larger lots required in R-1A and R-1AA areas to the north and west.  He stated the applicant believes the Board intended to approve R-1BB for the entire site and is seeking clarification.  Planning & Zoning Commission recommended R-1BB.

     Upon inquiry by Chairman McLain, Mr. West advised District Commissioner Van Der Weide indicated that he originally intended that the rezoning be R-1BB for the entire site.

     Hugh Harling, Harling Locklin & Associates, addressed the Board to state he agrees with staff recommendations.

     Upon inquiry by Commissioner Henley, Mr. McMillan explained why the applicant had to come back through the entire process, because the ordinance was adopted and sent to the Secretary of State and it could not be clarified.  Also, the minutes were very clear and the Board had approved them.

     Motion by Commissioner Henley, seconded by Commissioner Morris to adopt Ordinance #2004-11, as shown on page ________, approving rezoning from R-1B to R-1BB on approximately 1.58 acres on the east side of Bear Lake Road, approximately 1.8 miles south of SR 436, as described in the proof of publication, Hugh Harling.

     Districts 1, 2, 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 8:25 p.m., this same date.

 

 

ATTEST:______________________Clerk______________________Chairman

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