BOARD
OF
APRIL 10, 2007
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY,
Present:
Chairman
Vice
Chairman Brenda Carey (District 5)
Commissioner
Bob Dallari (District 1)
Commissioner
Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
County
Manager Cindy Coto
Deputy
Clerk Carylon Cohen
The
Invocation was given by Chairman Carlton Henley.
County
Attorney Robert McMillan led the Pledge of Allegiance.
Awards and Presentations
Motion by Commissioner McLean, seconded
by Commissioner Dallari, to adopt appropriate Resolution #2007-R-65, as shown on page
_______, proclaiming the month of
April as “Records and Information Management Month”.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey advised the Resolution proclaiming the “Holocaust Day of
Remembrance” will actually be presented by Commissioner Dallari on April
15, 2007.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to adopt appropriate Resolution #2007-R-69, as shown
on
page _______, proclaiming April 15, 2007 as
the “Holocaust Day of Remembrance”.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari, seconded by
Commissioner Carey, to adopt appropriate Resolution #2007-R-66, as shown on page _______, proclaiming the week of
April 15 through April 21, 2007 as “National Library Week”.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Dallari presented the Resolution to Library Board Chairman Leonard Greenbaum,
who stated he was accepting the Resolution on behalf of the citizens and
Library employees with great pleasure.
He said the County is growing and the libraries are not. He said a larger, expanded user-friendly
library system is needed.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to adopt appropriate Resolution #2007-R-67, as shown on page _______,
proclaiming the month of April 2007 as “Water Conservation Month”.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Van Der Weide presented the Resolution to Debbie Meinert, Environmental
Services, who expressed thanks to the Board for supporting all the water conservation
measures in
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Motion by Commissioner Carey, seconded by
Commissioner Van Der Weide, to adopt appropriate Resolution #2007-R-68, as shown on page _______, proclaiming the week of
April 9 through April 15, 2007 as “National Community Development
Week”.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey presented the Resolution to David Medley, Community Services Director,
who expressed appreciation to the Board for their support of the staff’s
efforts through the years. He
acknowledged the fine work the staff does each year to make the funds received
go to the most deserving projects throughout the community. He invited the Board to the Open House
this afternoon in honor of the office moving into the
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Larry
Strickler, Senior Vice President, Public Affairs, Workforce Central Florida,
addressed the Board to give a presentation on the results from the 2006
“State of the Workforce” Employee Survey, stating he is here with
two private sector Board members, Lena Wasserman and Mike Zebar. He also said Bill McDermott, Economic
Development, is on their Board. He
advised Workforce Central Florida is celebrating their 10 year anniversary,
having been in business since 1996.
He submitted paper copies of the full report and two DVD’s
(received and filed), one with information, the annual report and worker
training grant and application and one primarily about the customers. His presentation covered highlights from
the survey as they relate to
Chairman
Henley asked what is being done to work with
Chairman
Henley further asked what Workforce is doing to become better known among the
businesses. Mr. Strickler said the
employer became the primary customer only about three years ago and until that
time, they were focused primarily on the job seeker. They have a long list to get the message
out so the employers know who they are and what they do. Whereupon, Chairman Henley asked how
much have they been able to use Government TV. Mr. Strickler said other than what
Commissioner
Carey asked what is being done to work with the School Board to try to change
the way it is going through the high school years in order to put more
technical training in. Mr.
Strickler explained that the training is available and there are some things going
on in the Legislature now that will try to get to the heart of that. He said the problem is not programs
being available, but the marketing of the programs is the problem regarding the
parents as well as the children. He
stated Workforce cannot spend federal dollars to help the school systems do
marketing.
Commissioner
McLean stated he had the pleasure of using Workforce in the insurance
business. He thinks Mr. Strickler
is right to get this information out to the employees so they understand what options
are available to them.
Mr.
Strickler stated he doesn’t want anyone to think
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Chairman
Henley recessed the BCC meeting at 10:13 a.m. and convened as the
Ms. Coto advised that
staff is pulling Item #11, Award
CC-1809-07, Environmental Studies Center Boardwalk Renovations, to Schippers
Marine Construction, Inc., as the staff wishes to evaluate some alternative
material. She said the staff will
look at that and bring this back at the appropriate time. Ms. Coto also advised regarding Item
#17, Interlocal Agreement with the city of
Motion by Commissioner Dallari, seconded by Commissioner McLean, to
approve and authorize the following:
9. Adopt
appropriate Resolution #2007-R-70, as shown on page _______, amending 8.153
“Delegations to Other County Officials” of the Seminole County Administrative
Code (Director of Leisure Services).
13. Approve release of original Water and Sewer Maintenance
Agreement with Letter of Credit (replaced with new Cash Bond w/Escrow
Agreement) #ASB1011 in the amount of $3,500.00 for water and sewer for the I-4
Industrial Park,
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to
approve and authorize the following:
Property Acquisition
18. Adopt Second Amended Resolution
#2007-R-71, as shown on page _______, of Necessity relating to the County Road
15 road improvement project. The
project extends from S.R. 46 to
19. Approve and execute Purchase Agreement,
as shown on page _______, relating to Parcel No. 135 (The Pantry, Inc.
property) of the County Road 15 (
20. Chairman to execute Subordination of
Utility Interest Agreement, as shown on page _______, (Parcel Nos. 101A/101B)
between
Districts
1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve and authorize the following:
Clerk’s Office
21. Expenditure Approval Lists, as shown on page _______, dated
March 12 & 19, 2007; and Payroll Approval List, as shown on page _______,
dated March 8, 2007; approval of BCC Official Minutes dated March 13, 2007; and
noted, for information only, the following Clerk’s “received and
filed”:
1. Letter
to the
2. Work
Orders #11 and #12, as shown on page _______, to PS-5182-05, S2LI.
3. Amendment
#2, as shown on page _______, to PS-596-01, Professional Engineering
Consultants, Inc.
4. Amendment
#1 to Work Order #3, as shown on page _______, for PS-5180-05, Brown and
5. Certificate
of Completion, as shown on page _______, for CC-0349-06, Prime Construction
Group, Inc.
6. Change
Order #2, as shown on page _______, to CC-1262-05,
7. Notice
from the Public Service Commission regarding Order approving an increase in
water and wastewater rates, Sanlando Utilities Corp.
8. Letter
of acceptance and Bill of Sale, as shown on page _______, for the project known
as Nolan Road Watermain Extension.
9. Addendum
#16, as shown on page _______, to the Wekiva PUD as executed by the Planning
Manager.
10. Development Orders, as shown on page
_______, as follows: George &
Marsha Schmid, 248 Slade Drive; Willie & Sylvia Bennett, 185 Zenith Pt.;
Nancy Jaeger, Lot 18, Division Street; Lorenzo Polk, Lot 22, Alexander Ave.;
Tewana Chisholm, Lot 285, Water Street; Gordon A. Merritt, et al, Lot 9, Marker
Street; Michael J. Krakar, 3827 Sanibel Cove; Robert Whitehouse, 3895 Brantley
Place Cir.; Andrea Costantine, 552 Hillcrest Street East; Suzanna C. Thesing,
1393 LaQuinta Ct.; Iris Cluggish, 270 Lake Seminary Cir.; James & Jen
Richardson, 2321 Palm Drive; Eric & Nydia Montijo, 357 Radisson Place;
Richard & Susan Schilke, 1089 Clinging Vine Place; Kristen A. Greenish,
5457 Endicott Place; Scott & Crystal Hepler, 416 Lotus Lane; Raymond &
Earlene Cintron, 2251 Charlotte Drive; Steven Wagner, 377 Sugar Sand Lane; Jason
W. & Jessica L. Kaiser, 2067 Starboard Drive; Jeffery D. & Pamela D.
Brown, 3310 Sterling Lake Cir.; Carol Yandall, 1866 E. Crowley Cir.; Ryan
Holland, 405 Palm Springs Road; Bert Foschini, 1512 Emerald Isle Point; Donald
Sherback, 5845 S. Sylvan Lake Road; Jennifer & Nathan Dutcher, 2890 Egrets
Landing Drive; Saundra Williams, 1215 New Jersey Ave.; and Big Owl Loop Holding
Company, 1727 Kimmie Kay Drive.
11. Letter of acceptance and Bill of Sale, as
shown on page _______, for the project known as SR 426 Office Park.
12. Satisfaction of Lien, as shown on page
_______, for Kirkman Properties and Micah Bass, Case #05-66-CEB.
13. Maintenance Agreement and Letter of
Credit, as shown on page _______, in the amount of $11,697.98 for Airport Boulevard
Right-of-Way, Amberlee Townhomes.
14. Amendment #1 to Work Order #7, as shown
on page _______, for PS-5102-01, PBS&J.
15. Work Orders #2 and #3, as shown on page
_______, to CC-1075-06, APEC.
16. Certificate of Completion, as shown on
page _______, for Work Order #31 to CC-1262-05,
17. Amendment #1, as shown on page _______,
to PS-5153-03, David Wickham & Assoc.
18. Change Order #1, as shown on page
_______, to Work Order #46 for CC-1262-05, APEC.
19. Change Order #1, as shown on page
_______, to Work Order #29 for CC-1262-05, APEC.
20. Certificate of Completion, as shown on
page _______, for Work Order #18 to CC-1262-05, CFE Corp.
21. Certificate of Completion, as shown on
page _______, for CC-1095-06, Air Ideal, Inc.
22. Change Orders #1 and #2, as shown on page
_______, to Work Order #56 for CC-1212-03, Corinthian Builders, Inc.
23. Certificate of Completion, as shown on
page _______, for Work Order #56 to CC-1212-03, Corinthian Builders, Inc.
24. PS-1501-06 Master Agreements, as shown on
page _______, with Bowyer Singleton & Assoc. and Southeastern Surveying
& Mapping Corp.
25. Third Amendment, as shown on page
_______, to PS-5149-03, HNTB Corp.
36. Non-certified Tennis Pro Agreement, as shown
on page _______, with Amy L. Whitcomb.
37. Fourth Amendment, as shown on page
_______, to RFP-4190-03, Pomeroy IT Solutions.
38. Work Order #67, as shown on page _______,
to PS-5165-05, Inwood Consulting Engineers, Inc.
39. Assignment, as shown on page _______, of
Agreement RFP-600104-06, Allied Group Insurance Services to GIS - Florida
Agency, LLC.
40. Agreement RFP-600138-07, as shown on page
_______, with CFAVS, LLC.
41. Letter of Credit, as shown on page
_______, in the amount of $553,795 for the Gallimore Subdivision.
42. Performance Bond, as shown on page
_______, in the amount of $413,605.45 for Banyan Pointe.
43. Amendment #1, as shown on page _______,
to Work Order #4 for PS-5127-02,
44. Work Order #30, as shown on page _______,
to CC-1267-05, KMG Fence, LLC.
45. Basic Contract #M-1947-07, as shown on
page _______, Peninsula Engineering, Inc.
56. Work Order #1, as shown on page _______,
to CC-1284-06, Conpilog International Co.
57. Fifth Amendment, as shown on page
_______, to RFP-4132-01, Exacom, Inc.
58. Bids as follows: CC-1741-07; CC-1890-07; RFP-600134-07;
RFP-600137-07; RFP-600139-07; RFP-600148-07; IFB-600150-07; PS-1666-07; and
PS-1386-06 Presentations.
Sheriff’s Office
22. Approval by the Board to contribute $2,000 from the Law
Enforcement Trust Fund to provide funding in support of the Central Florida and
Oviedo YMCA Youth Scholarship Programs.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Kelly
Metcalf and Shirley Boyce, Community Assistance, addressed the Board to request
approval of the staff recommendations for enhancing the Community Service
Partnership Program funding terms, financial growth plan and criteria for
funding start-up agencies.
Upon
inquiry by Chairman Henley, Ms. Boyce distributed copies (received and filed)
of the definitions for essential and supportive services. Whereupon, Chairman Henley asked if any
Board member had any problems with the definitions and with including those in
the staff recommendations.
Dave
Medley, Community Services Director, addressed the Board to state staff will
continue to propose an increase in funding in a scheduled manner, based upon
actual needs within the community as they work with the agencies to get the needs
assessment and gaps in services.
Staff will not simply relate
Commissioner
Carey referred to the plan for growth and asked if the proposal to increase the
funding by 10% annually is a general, generic term and the staff would bring
this back during the budget. Mr.
Medley said that is correct.
Chairman
Henley stated the funding for the plan for growth is not a part of the
adoption today.
Commissioner
Van Der Weide said he is glad staff is studying the plan for growth because
that is an issue that needs to be addressed based upon the dollar figure they
saw last year with the increase in the overall budget but with no plan for
increase in growth.
Commissioner
Carey said she noticed in the newspaper recently that the County is advertising
so that people know if they’re low to moderate income they can know the
services that are available. She
asked Mr. Medley if he thought the services are not utilized because the people
don’t know about the services.
Mr.
Medley said he thinks it’s a combination of all that. The community is aware of the services
provided, but the services have not been accessed as much as they have been led
to believe the need is there.
Advertising will help staff see if the need is there. That is part of the assessment of
whether the need is there and how they are addressing it.
Ms.
Metcalf advised Chairman Henley that staff has sent letters to all the
Chairman
Henley asked Mr. Medley to provide the Board with the numbers.
Mr.
Medley stated he has asked Ms. Boyce to look at the process and see what they
can do differently and still meet the integrity of the program.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to approve the staff recommendations for
enhancing the Community Service Partnership Program funding terms, financial
growth plan and criteria for funding start-up agencies, including the
definitions submitted for essential services and supportive services.
Districts
1, 2, 3, 4 and 5 voted AYE.
Steve
Watts and Alan Harris, Emergency Management Division, addressed the Board to
present follow-up research and recommendations regarding warning systems used
during emergencies.
Mr.
Watts reviewed the Board’s direction given at the meeting of March 13,
2007.
Upon
inquiry by Chairman Henley, Mr. Harris said the Task Force concurs with the
recommendations of staff. He
advised all the municipalities had representation on the Task Force as well as
nonprofit organizations, community members and citizens. He said members of the Task Force
provided the input for the presentation today. Mr. Harris reviewed the PowerPoint
topics as follows: Action Items;
Immediate Action-Multimodal; Immediate Action-Education Campaign; Guide Book;
Billboard Project; Outreach Program; Immediate Action-NWR Initiative-NOAA
Weather Radio Program; Short Term Goal-E-alert System-Emergency Text Messaging;
and Long-term Goal-Additional Study-Outdoor Warning Systems.
Commissioner
Carey suggested Mr. Harris add the “Sanford Herald”, “Oviedo
Voice” and “Seminole Chronicle” for the distributions. Also, he might look at placing some of
the Guide Books in grocery stores.
Chairman Henley added he can also use the libraries for distributions.
Commissioner
Carey also stated that she hopes staff will get some press releases to all the
news desks. She said, hopefully,
the media will work with the County in notifying the public that there is a web
site available. She reminded staff
to not leave out home schools and private and charter schools. She stated she is not sure with all the
information about outdoor warning systems that the Board would be interested in
supporting $125,000 to do a study.
She said so far from the staff’s, they have not heard they will
have a permanent effect.
Commissioner
McLean said staff can also distribute information to the local chambers of
commerce.
Chairman
Henley asked Commissioner McLean if maybe the insurance business could help in
providing information to the public.
Commissioner
Dallari asked if e-alert is limited to
Commissioner
Dallari asked further questions about the scope of services for the outdoor
warning package. Mr. Harris said
staff would do the scope internally and this could be done in 30 days.
Ms.
Coto stated it would probably be about six months before they could get some
results.
Chairman
Henley said he thinks the Board would like to see a time line developed on each
of the staff’s proposals as soon as possible, and he would like the
County Manager to prepare to advise the Board of the funding sources and amount
they may have available to implement, based upon the time line given.
Commissioner
Van Der Weide congratulated staff and the
Upon
inquiry by Chairman Henley, Ms. Coto stated yes, she would like the Board to
take action to adopt the program presented excluding the dollar figure. Ms. Coto said, hopefully, by the next
Board meeting, staff can bring back the dollar figure and time line.
Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide, to approve the Prepare Seminole Program
presented.
Commissioner
Carey asked if the motion is approving to do the outdoor warning study.
Ms.
Coto stated staff would not have the scope of services back in two weeks. She was speaking about some of the
short-term goals. She said the
Board may want to contemplate looking at those short-term goals and do an
assessment this year through the hurricane season and make a determination if
they need to supplement them by going out for a RFI. In discussing this with Mr. Harris and
Mr. Watts, the short-term solutions appear to cover probably 99.9% of the
bases.
Commissioner
Carey asked again if the motion includes moving forward with the study. Commissioner Dallari said no, they are
not approving any dollar figure. He
clarified that the Board is
accepting the report as is and asking Ms. Coto to bring back at the next
meeting the time line and any other studies, and where the funding would be
coming from for the Board to allocate the dollars for e-alert, etc.
Commissioner
McLean said, hopefully, they will find a way to get this done before June 1. He noted that there is not a siren
anywhere in the State of
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 12:03 p.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials (with Commissioner Van Der Weide being
late), with the exception of Deputy Clerk Carylon Cohen, who was replaced by
Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Carey to authorize filing the proofs of publication
for this meeting's scheduled public hearings.
Districts
1, 2, 4 and 5 voted AYE.
Chairman
Henley advised that Commissioner Van Der Weide will be in attendance shortly.
PUBLIC
HEARINGS
AMENDMENTS
TO LDC (Continued)
Continuation
of a public hearing to consider request to adopt an Ordinance amending Chapter
2 (Definitions) and Chapter 60 (Arbor Regulations) of the Land Development Code
(LDC) establishing canopy roads, candidate roads and tree protection zones, and
increase the minimum caliper requirement for tree replacement zones, as
described in the proof of publication.
Jeff
Hopper, Planning, addressed the Board to state the Seminole County Comprehensive
Plan supports the preservation of canopy trees and callsfor a program to
identify and protect such trees along designated roads in the County. He stated in 2004,
Commissioner
Van Der Weide entered the meeting at this time.
Mr.
Hopper displayed a table (not received and filed) and reviewed the roads
highlighted in yellow that are newly designated roads. He stated staff finds the ordinance is
consistent with the Seminole County Comprehensive Plan and would recommend
approval of the ordinance.
Cindy
Crain,
Mr.
Hopper informed Chairman Henley that the proposed ordinance is on the web site.
Deborah
Schafer,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Commissioner
McLean stated his concern is it may not be all inclusive as they would like it
to be. He stated his thought is
there may be roads that are not on this list that the residents feel should be
considered or are not comfortable being on the list. He said he would like to give staff an
opportunity to look at this further so they can be able to draft something more
encompassing than what they are looking at.
Chairman
Henley stated the list that has been submitted does not mean that those roads
are the only ones being considered by an ordinance. Other roads can be recommended by
citizens and he doesn’t see any reason why they would exclude roads or
input at this particular time.
Commissioner
McLean stated he doesn’t see specific opt-in/opt-out language in this
ordinance.
Mr.
Hopper stated he understands that the opt-in/opt out provision is not something
the Board can do without a public hearing.
Robert
McMillan,
Commissioner
McLean stated he would like to know if there is another route to take where
they would have more flexibility as opposed to going through the public hearing
process each time they want to make changes.
Mr.
McMillan stated the Board could create an ordinance that gives them ability administratively
to add or delete roads, but that would require the ordinance to spell out
specific criteria that would make a road a canopy road. This particular ordinance does not have
any specific criteria other than naming the roads.
Don
Fisher, Deputy County Manager, addressed the Board to state it sounds like
there are several things that can be done to make it a better ordinance. He stated the opt-in/opt-out provision
could be handled to address certain aspects to tree protection through the
Administrative Code and the remainder would go through the Land Development
Code. He requested that staff have
two to three months to work out an approach that will satisfy everyone’s
concerns.
Chairman
Henley recommended staff meet with each Board member to get their input on what
they would like to have addressed.
He stated he feels it is important to table this item to give staff time
to get this issue done right and then staff can notify the Board when they will
bring it back.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to table request to adopt an Ordinance
amending Chapter 2 (Definitions) and Chapter 60 (Arbor Regulations) of the Land
Development Code (LDC) establishing canopy roads, candidate roads and tree
protection zones, and increase the minimum caliper requirement for tree
replacement zones, as described in the proof of publication.
Under
discussion, Commissioner Carey stated staff is in the middle of rewriting the
Land Development Code and some of the issues that are causing problems can be
addressed. This canopy ordinance
could specify criteria without any impact on private property.
No
one spoke in support or in opposition to tabling this item.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Scott
Stegall (Continued)
Continuation
of a public hearing to consider request to Rezone 70.19+/- acres located
northwest of the intersection of SR 46 and
Austin
Watkins, Planning, addressed the Board to state the applicant is proposing to
rezone this property for future construction of a public high school and
associated uses. The Future Land
Use designations of the subject property are Commercial and Low Density
Residential, which allows the requested zoning district. The Planning & Zoning Commission
(P&Z) recommended approval of the request 5 to 0. Staff recommends approval of the request
to rezone 70.19+/- acres.
Scott
Stegall, Seminole County Public Schools, addressed the Board to state the
School Board is looking at this site as a potential future high school and they
are planning to begin construction in 2012. He pointed out that they did not find
any problems with environmental issues, airport compatibility study or noise
contours. He also pointed out that
the existing noise contour report refers to a runway and it is not the closest
to this site.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to adopt Ordinance 2007-14, as shown on page ________,
approving rezoning 70.19+/- acres located northwest of the intersection of SR
46 and Brisson Avenue, from A-1 (Agriculture) to PLI (Public Lands and
Institutions), as described in the proof of publication, Scott Stegall, based
on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/Hugh
Harling (Continued)
Continuation
of a public hearing to consider request to Rezone 38.98+/- acres located on the
north side of SR 46 between Yankee Lake Road and Longwood Markham Road, from
A-1 (Agriculture) to PUD (Planned Unit Development), as described in the proof
of publication, Hugh Harling.
Tina
Williamson, Assistant Planning Manager, addressed the Board to submit e-mails
(received and filed) from residents addressing their concerns with regard to
the rezoning request. The subject
property received Preliminary Subdivision Plan in May 2006; and the current
application includes an additional 4.51 acres fronting SR 46 and proposes a
total of 31 lots with a maximum density of one dwelling unit per net buildable
acre. This property is located
within the Wekiva River Protection Area as depicted in the Seminole County Comprehensive
Plan. She reviewed Policy FLU 14,
Preservation of the Rural Character in Natural Resources of the Wekiva
Protection Area and Policy 14.9, Design Standards. She stated staff finds the proposed
Preliminary Master Plan is not consistent with the Comprehensive Plan and the
Land Development Code standards for clustering. The definition of Cluster Development in
the Comprehensive Plan is a residential development in which the lot size is
reduced and the overall density is not increased, thereby creating common open
space areas, which are permanently restricted from development through recorded
binding legal instruments. She
continued by reviewing Policy 1.5, Cluster Development, stating the proposed Preliminary Master Plan
does not meet the definition or intent of a cluster development. Staffs finds that the proposed
Preliminary Master Plan does not provide reduced lot sizes or create additional
open space areas, therefore, does not meet the definition of a Cluster
Development per the Comp Plan. Seminole
County Land Development Code Chapter 30, Wekiva River Protection-Seminole
Estates Overlay Zoning, states that on property having Suburban Estates land
use designation, the use of PUD zoning may only be permitted if the Planning
Manager and the Natural Resource Officer verify that a greater protection of
wetlands, rare upland habitat, greenways or wildlife corridors can be achieved
through clustering. She reviewed
the reasons why the proposed Preliminary Master Plan is not a cluster
development as indicated in Section 30.451 of the Land Development Code
(LDC). Because the application is
inconsistent with the goals, objectives and policies of the Comprehensive Plan
and does not meet the requirements of the Land Development Code, staff
recommends denial of the requested rezone.
The P&Z Commission recommended approval of the requested rezone and
Preliminary Master Plan with the addition of providing wildlife corridors.
Hugh
Harling, Harling, Locklin & Associates, addressed the Board to submit a
booklet (received and filed) containing maps, artist renderings, site plan,
FEMA maps, muck data, flood insurance rate and flood hazard maps, soil and
hydraulic information, and various reports. He stated he reported to the Florida
Department of Environmental Protection regarding prescribed burns and they have
no problem putting notification in the homeowner’s documents that
prescribed burns will be taking place in the area that these homes will
be. He stated the
Mr. Harling displayed another map showing the
water elevation and he stated this shows the 100-year flood elevation that they
have established using engineering computers and technology that establishes
what a 100-year flood elevation is.
The difference between staff and him is they have more topographic
information and it is based on more accurate data than the FEMA map shows.
Upon
inquiry by Commissioner Carey, Mr. Harling advised FEMA will adjust to the best
available data based on more accurate information that originally establishes
that line.
Upon
further inquiry by Commissioner Carey, Mr. Harling advised part of the new
requirements placed by the Wekiva Act was that you had to put a 50 ft. buffer
(25 ft. minimum and 50 ft. average) around wetlands, but now you have to have a
50 ft. (25 ft. minimum, a 50 ft. average) around the flood prone area. That has been added to the latest
plan and it impacts part of the entrance.
Commissioner
Carey stated fill is not allowed in the 100-year flood of the Wekiva Protection
Area.
Whereas,
Mr. Harling indicated that is correct.
He stated they have discussed that restoration is allowed if they are
making improvements. He referred to
the borrow pit and displayed a site plan and reviewed the zoning to the north
and south. He stated he feels they can
make improvements in the PUD and still have large lots. His objective was to put a perimeter
buffer and he believes that by putting in a 50 ft. buffer and reestablishing
the setback that the PUD function creates a cluster that is protecting
this. It is not a common open space
that everyone in the PUD can walk on, but it allows a protection of a resource
trying to be protected and the flow of wildlife across the property. He stated he believes that by providing
these buffers, they have met the intent of the code. The staff and community have worked with
them diligently and he feels they have a very good project. He displayed an artist rendering of the
project and stated he feels it is a good design. He would encouraged the Board to support
this design.
Upon
inquiry by Chairman Henley, Mr. Harling advised he agrees that they
couldn’t fill in the 100 year flood plain but will do restoration for
high quality open space. He also
informed Chairman Henley that this part of the open space would be dedicated to
the homeowner’s association.
Dori
Debord, Planning & Development Director, addressed the Board to discuss
with Commissioner Carey the clustering provisions, environmentally sensitive
lands, 25% open space, and maximum density.
Commissioner
Carey asked if there are any provisions in the policies where the open space
could not be in a common area but dedicated as open areas on people’s
private properties.
Ms.
Debord informed Commissioner Carey that the Code does not have provisions for
that at this time, but she feels there have been plans that have shown the
private easement issue is open space on other plans. The Land Development Code doesn’t
speak to that as an allowable exception.
Upon
inquiry by Chairman Henley, Ms. Debord advised the Code does not prohibit
clustering to increase density as long as the net density stays an acre in a
suburban estates area. What is not
happening in this particular site plan is the 25% common open space requirement
being met.
Deborah
Schafer stated she represents the Sierra Club and they agree with staff’s
findings and disagree with Mr. Harling.
She stated people have concerns relating to environmental issues and
concerns brought forth in the Comp Plan.
This is about buffer zones, proper development and protection in this
area. She said Mr. Torregrosa is
not here to respond to Mr. Harling’s comments. Density has its place and they need to
think about this before more houses are placed in an area that would probably
be beautiful with a proper site plan development they can be proud of. A gated community is not an important
issue, it is about rules and regulations set forth in the Comp Plan and Land
Development Code. She asked the
Board to vote no on this project and allow the applicant to come back to make something
that they can be proud of.
Rory
Trumbore,
Keith
Schue,
Upon
inquiry by Commissioner McLean, Mr. Schue advised 29 lots are shown and he
feels they should focus on what is open space and the intent is not to squeeze
in more houses. He said what he
would like to see addressed, if the PUD is not approved, is to go back to A-1
zoning and the requirements of the Code would still apply. A PUD would be a good idea, but only if
it adheres to the principles of clustering. He stated he believes the applicant has
miscalculated the number of homes to be built.
Ms.
Debord clarified for Commissioner Van Der Weide that the 25% open space is
useable and is dedicated to the homeowner’s association.
No
one else spoke in support or in opposition.
Chairman
Henley submitted a Written Comment Form (received and filed) from Gregg Walker,
FDEP, indicating he is available to answer any questions if necessary.
Speaker
Request Forms were received and filed.
Mr.
Harling stated Mr. Schue pointed out that the Nature Conservancy preferred
having a dedicated open space adjacent to the preserved area on the western and
northern border. He stated he has a
difference of opinion and he feels that can be done with an easement and can be
protected by the covenants and restrictions as well as Code Enforcement. He said his intent is to restore the
wetland and borrow pit. The wetland
would be taken care of in such a fashion where wetland plants will be planted
around the perimeter. The borrow
pit has steep sides and those slopes would be flattened off to make it safer
and the edges will be planted with additional wetland species.
Upon
inquiry by Commissioner McLean, Mr. Harling advised based on what he is looking
at, he is seeking to create a high end subdivision that has a minimum width
that will allow circular driveways and the value be added into those lots. He stated they want to protect the
environment, and they will protect the trees along the western boundary, which
will be protected by an easement.
Chairman
Henley stated he would like to be able to support the project, but he has grave
reservations. He stated he agrees
with staff, it is a compromise of the Code and they may be setting a trend
where they will get more and more of these “hybrids”. He said he has a problem using private
property lots for common open space.
District
Commissioner Carey stated she feels they need to look at some
“hybrid” options and she doesn’t have a problem looking at
allowing a percentage of open space to be on private property if the lot is
larger than one acre. There are
additional rules in place to protect the
Motion by Commissioner Carey, seconded
by Commissioner Dallari to deny, without prejudice, requested Rezone of 38.98+/-
acres located on the north side of SR 46 between Yankee Lake Road and Longwood
Markham Road, from A-1 (Agriculture) to PUD (Planned Unit Development), as
described in the proof of publication, Hugh Harling, based on staff
recommendations; and execution of the Denial Development Order, as shown on
page _________.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 3:05 p.m., reconvening it at 3:14 p.m., with
Commissioner Van Der Weide not returning to the meeting.
LEGISLATIVE
UPDATE
April
Boswell, Assistant County Manager, and Susan Dietrich, Assistant County
Attorney, addressed the Board to review the Legislative issues as outlined in
the agenda memorandum. Ms. Boswell
stated the Legislature was on break last week and there was not a lot of
activity going on. A handout of the
Legislative update was received and filed.
The original House Bill 7001 and Constitutional bill are ready for the
floor but the House will not take them up until after the budget. The word is the House members continue
to look for alternative solutions and the Senate is planning to provide
something that does not substitute one group of benefit into another one. Senator Geller is looking for support
with regard to the growth factor of CPI plus 3%. There are two bills scheduled for the
floor, the first one is SB 1088 and it deals with conflict counsel in the local
court system and the County will have to fund part of that. Staff will update the Board on this
issue tomorrow. She continued by
reviewing HB 7121 (prohibits local governments from enacting or enforcing
actions that prohibit mining in certain lands), HB 425 (excludes State-owned
lands when determining thresholds for annexation), HB 1483 (Sets up any Special
Assessments), and the Growth Management Proposed Committee Bill and what it
deals with. She stated staff will
be watching the proposed bills and will be updating the Board.
Mr.
McMillan stated the Conflict Counsel appears to be the first step that the
State is taking to send back the Article V costs. The Conflict Counsel has to do with
issues that the special Public Defenders cannot handle.
Susan
Dietrich added the counties under that bill will be required to pay for
facilities, office space, and IT needs for the Conflict Counsels. It is estimated that there will be about
384 employees statewide created.
She stated the ENRC proposed committee bill 0107 (HB 7123) is a lengthy
Comprehensive Energy Bill that will affect local governments in three
ways. It will remove the expiration
date of property tax exemption for real property in which renewable energy
source devices are installed. This
will allow property owners to apply for a 10-year exemption. The second impact requires that all
county, municipal, public, and community college buildings be constructed in
accordance with any nationally recognized green building system. The requirement only applies to those
buildings whose architectural plans are started after July 1, 2008. The third impact on the County is the
energy efficient sales tax holiday for 2007 from October 1 through October
14. She referred to HB 957,
Community Substitute, and stated this bill prohibits local governments from
enacting or enforcing a wetlands regulatory program except through delegation
of the State’s environmental resource permit program. She stated FAC feels that this will
impact the counties in four different ways and she reviewed same.
Ms.
Boswell stated she believes there is an amendment to the green building issue
that they are not required to be as strict in certain levels. She stated the Governor may veto the
wetlands bill.
CHAIRMAN’S
REPORT
Chairman
Henley reported that he and Jerry McCollum,
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Chairman
Henley stated the County has a desire to acquire the old post office in
Jerry
McCollum,
Upon
inquiry by Chairman Henley, Mr. McCollum advised the City of
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Copy of
letter dated
2.
Letter
undated to Chairman (with attachments) from Carla Wilson re: Chained dog
legislation in
3.
Letter
dated
4.
Copy of
letter dated
5.
Copy of
letter dated
6.
Memorandum
dated
7.
Letter
dated
8.
Letter
undated to Property Owner (with attachment) from Ross Robert, Chairman-Sanford
Planning & Zoning Commission, re: Rezone request meeting on
9.
Letter
dated
10.
Letter
dated
11.
Copy of
letter dated
12.
Letter
dated
13.
Copy of
letter dated
14.
Copy of
memorandum dated
15.
Letter
dated
16.
Memorandum
dated
17.
Copy of
letters to all
18.
Copy of
letter dated
19.
Copy of
letter dated
20.
Letter
dated
21.
Letter
dated
22.
Letter
dated
23.
Notice
of public hearings from Heathrow International Business Center
24.
Copy of
letter dated
25.
Letter
dated
26.
Contract
for services, as shown on page ________, between Seminole County Government and
the following: Daniel Boevers
(Scorekeeper) and Daniel Boevers (Umpire Slow Pitch Softball).
DISTRICT
COMMISSIONERS’ REPORTS
Chairman
Henley stated Commissioner Van Der Weide indicated that he had no report.
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Commissioner
Carey stated the Board asked her at the last meeting to look into a Federal
bill that was being passed around relating to an emergency Supplemental
Appropriations Act for defense. She
stated she spoke to their Federal lobbyist and he indicated that there was no
language included in the Supplemental Appropriations Bill because it was not
germane to the Legislation.
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Commissioner
Carey thanked the City of
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Commissioner
Carey stated she had an opportunity to see the County’s dollars at work
by seeing the STEPS Community Outreach Program held by the Orlando Ballet
School of Seminole. She stated a
recital and reception were held last Wednesday.
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Commissioner
Carey thanked the Orlando Magic along with KaBOOM for building a playground at
the Boys and Girls Club in
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Commissioner
Carey stated she had an opportunity to take a field trip with the
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Commissioner
Carey informed the Board of a community meeting scheduled for this evening in
the Lockhart neighborhood at the
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Commissioner
Carey stated she is the honorary Chair for the American Cancer Society Relay
for Life. This is the first annual
event and it is scheduled for Friday, April 20 at 6:00 p.m. at the Central
Florida Zoo, concluding at noon on April 21. She advised of an annual ovarian cancer
awareness luncheon on April 21, and she would encourage everyone to
participate.
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Commissioner
Dallari stated he had a very nice and informative visit in
Upon
inquiry by Commissioner Dallari, Ms. Coto stated Mr. Brantley has not indicated
what dates he will be going.
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Commissioner
Dallari stated the one thing he found out from Senator Webster is he was trying
to put back in the State budget $500 million of improvements to the roads.
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Commissioner
Dallari stated last week the Boys Scouts annual dinner was held and they
recognized Commissioner Carey. He
stated they raised a little over $208,000.
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Commissioner
Dallari stated the Taste of Oviedo will be held this week.
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Commissioner
McLean stated the joint City/County Advisory Committee has two representatives
from the County, and representatives from the cities, the business community,
business organizations and Chambers of Commerce. The committee is about to be resurrected
on Wednesday, April 18 at 3:00 p.m.
He stated the committee will be discussing an interim report on items
that they have been working on. The
committee will also be discussing where they are on the Fire/EMS work study
that is being done by Matrix. The
committee has agreed to review the direction of the early warning system and
the countywide Wi-Fi system. He
stated he will bring information on those items to the Board at the next
meeting.
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Commissioner
McLean stated he was requested to attend the Spring Thunder event to make sure
that things were not getting out of hand.
He reported that it appears everything went well and there were no
problems.
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Commissioner
McLean stated he had a great time at the Boy Scouts dinner and he complimented
Commissioner Carey as well as Commissioner Dallari for a great job done.
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Commissioner
McLean stated Commissioner Carey will be attending the FAC annual conference in
June and he would like the Board to allow him to attend as well.
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Commissioner
McLean stated that he and Congressman John Mica will be attending the Lake Mary
Relay for Life event this Friday and Saturday from 6:00 p.m. to 12:00 a.m. at
the
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Commissioner
Carey stated the FAC conference coming up this summer will be held in
Ms.
Coto stated she and staff will be commuting to the conference as well.
COMMITTEE
REPORTS
No
Report.
Ms.
Coto updated the Board on the Strategic Plan. She stated the Board has been meeting
with the consultant and the interviews will be completed today. She stated they will be compiling all
the input from the Commissioners as well as the employee survey and stakeholder
interviews. She said community
meetings will be scheduled in May and if the Board members are interested in
attending, staff will notify them.
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Ms.
Coto stated there have been some discussions with the Board relating to the
concerns of code enforcement. She
stated she will be meeting with Sheriff Eslinger tomorrow morning to discuss
some of the concerns expressed to her from the Board members and staff
regarding code enforcement as well as the jail project. The way that the present agreement reads
with regard to code enforcement is that it has to be terminated no later than
May 1 of the renewing year. This
happens to be the renewing year. If
the Board doesn’t taken any action by May 1, 2007, then it remains as it
presently is until 2009. She stated
some of the discussions they are going to have with the Sheriff will relate to
some of the issues and concerns she has heard.
Chairman
Henley stated this Board may want to notify the Sheriff that they will resume
control. The Sheriff will continue
to do that until October 1st, and in the meantime, they will have an
opportunity to work out any concerns and the Board can then move to renew.
Mr.
McMillan stated the Board would be entering into a new agreement.
Commissioner
Carey stated since Ms. Coto will be meeting with the Sheriff, and based on her
discussions, the Board can take action at the next meeting.
Chairman
Henley stated he will not be attending the next meeting as he will be out of
the State. He stated he wanted the
Board to be aware of the time table if they are going to exercise any
change. He stated he is in favor of
notifying them to give them time to work things out.
ITEMS
FOR FUTURE AGENDA
Lydia
Godwin addressed the Board to advise that the location for Kids Day America on
May 19, 2007 has been changed. She
stated due to construction it will be located at Crane’s Roost in
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:48 p.m., this same date.
ATTEST______________________Clerk_____________________Chairman
cc/er