BOARD OF
APRIL 12, 2005
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, April
12, 2005, in the SEMINOLE COUNTY
SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
County Manager Kevin Grace
Deputy Clerk Sandy McCann
Father John Bluett, St. Stephen Catholic Church, Winter Springs, gave the Invocation.
Chairman Henley led the Pledge of Allegiance.
PRESENTATIONS
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to adopt appropriate Resolution #2005-R-57, as shown on page _______, proclaiming April 10-16, 2005 as “National Library Week”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Sheila Merry and Rick Santiago of the Friends of the Library.
-------
Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt appropriate Resolution #2005-R-55, as shown
on page _______, proclaiming April 10-16, 2005 as “National County Government Week Honoring County Heroes”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to a group of County employees.
-------
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to adopt
appropriate Resolution #2005-R-61, as shown on page _______, proclaiming April
14, 2005 as “Volunteer Appreciation Day” in
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to District 5 Administrative Aide Amy Lockhart.
-------
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-56, as shown on page _______, proclaiming the month of April as “Water Conservation Month”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Director of Environmental Services Bob Adolphe.
-------
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2005-R-63, as shown on page _______, expressing appreciation and congratulations to John A. Williams, President & Chief Operating Officer of Wayne Densch, Inc., in recognition as recipient of the Success in Seminole magazine “2005 Success Award”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris announced the Resolution will be presented to Mr. Williams at the annual recognition banquet.
Commissioner Morris stated he would like all County maps and all future references regarding the trail to read Cross Seminole Trail in order to have consistency and to alleviate confusion.
Commissioner Morris requested Item #13, Ranking and award of PS-5175-04/AJR, be pulled for a separate vote.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to approve and authorize the following:
Administrative Services
Support Services
5. Approve and authorize Chairman to execute the First Amendment and
Consent to Alterations and Improvements Agreement, as shown on page _______, to
the
Community Services
Community Assistance
6. Approve
and authorize Chairman to execute the 2004/2005 CSBG Modification Grant, as
shown on page _______, and related documents and approval of the required 2%
Cash Match.
7. Approve
and authorize Chairman to execute Certificate of Participation, as shown on
page _______, for the continued participation in the Florida Department of Law
Enforcement’s Edward Byrne Memorial Justice Assistance Grant Program.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Under discussion of Item #13, PS-5175-04/AJR, Master Plan Interim Updates for the County’s water, wastewater, and reclaimed water master plan, Commissioner Morris stated that the three ranked firms are well qualified. However, two are large local operations and one is not. Of the two local operations, one has done a lot of business with the County and one has not. Therefore, he said he would like to change the ranking as following: (1) Reiss Environmental, Inc.; (2) PBS&J, Inc.; and (3) Hazen & Sawyer, P.C.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve the ranking list; authorize negotiations, and award PS-5175-04/AJR, Master Plan Interim Updates as follows: (1) Reiss Environmental, Inc.; (2) PBS&J, Inc.; and (3) Hazen & Sawyer, P.C.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated she thinks the Board is looking for firms with a local presence and when there are a number of qualified firms locally, she believes the Board should use them.
Chairman Henley suggested having someone from Information Technologies sit on selection committees for items that specifically impact GIS.
Commissioner Van Der Weide stated the
majority of the Board have had concerns about the makeup of the selection
committees and have asked the
Commissioner Carey expressed her concern that if the Board continues this, it will interfere with the negotiations. She said she and the Public Works Director will be going to the site and she would like the negotiations to proceed.
Mr. McMillan stated they will save as many trees as possible on the site.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve and authorize the following:
31. Approve proposed mediated
settlement relating to the alleged breach of the Purchase Agreement of the
Kupiszewski property of the Lake Drive Road improvement project, in the amount
of $199,500.00, inclusive of all damages, attorney’s fees and costs.
32. Approve proposed settlement involving clearing and stabilizing of a twelve-foot driveway to provide alternate access to Kuhnhausen property rather than using a portion of the County’s trail system at an approximate cost to the County of $40,000.00.
33. Approve proposed settlement of two foreclosure cases by payment to the County in the amount of $228,000.00, made on behalf of Wyman Fields Foundation (foreclosure action) and Candance Birle, and authorize Chairman to execute a Release, as shown on page _______, in exchange for payment.
Property Acquisition
34. Adopt appropriate First Amended Resolution of
Necessity #2005-R-68, as shown on page _______, relating to the Lockhart-Smith Canal Drainage System improvement
project and authorize a new Binding Written Offer for Parcel Number
16-19-30-5AB-0200-0050 owned by Martha G. Faircloth.
35. Adopt appropriate First Amended and First
Supplemental Resolution of Necessity #2005-R-69, as shown on page _______, relating to the
36. Adopt appropriate Second Amended Resolution of
Necessity #2005-R-70, as shown on
page _______, relating to the Bunnell Road improvement project from west of
Bunnell Road to West Towne Parkway.
37. Authorize Binding Written Offers/Offers of
Judgment relating to Parcel Numbers
707, 113/713, 717A/717B, 124C, 125/126 and 150 of the
38. Authorize Binding Written Offers/Offers of
Judgment relating to Parcel Numbers 105, 106, 107/707 and 716 of the Eden Park
Avenue road improvement project.
39. Approve and execute Purchase
Agreement, as shown on page _______, relating to Parcel Number 104 of the
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve and authorize the following:
Clerk’s Office
40. Expenditure Approval Lists, as shown on page _______, dated March 7, 14 & 21, 2005; and Payroll Approval List, as shown on page _______, dated March 10, 2005.
41. Chairman to execute the following Satisfactions of Judgment/Court Costs:
Theresa Jane Snow, #01-2648-CFB - $328
Terry L. Patton, #92-9080-MMA - $199.25 Court Costs and
Application for Public Defender Fee
Stephen Mark Weber, #03-3892-CFA - $368
Court Costs and Application for Indigency Fee
42. Official BCC Minutes dated March 8, 2005.
43. Noting for information only the following
Clerk’s “received & filed”:
1. Letter
to School Board Chairman Jeanne Morris from Chairman Henley regarding
appointments to the 2005 Value Adjustment Board.
2. Work
Order #8, as shown on page ________, to PS-5144-03, CPH Engineers, Inc.
3. Work
Order #23, as shown on page _______, to CC-1222-03, Schuller Contractors, Inc.
4. Work
Order #29, as shown on page _______, to CC-1212-03, J. F. VII Corporation.
5. Work
Order #8, as shown on page _______, to PS-5124-02, PBS&J.
6. Work
Order #7, as shown on page _______, to PS-5135-02, GMB Engineering &
Planners, Inc.
7. Memorandum
to Jerry McCollum,
8. Term
Contract IFB 3102-05, as shown on page _______, with Temple, Inc.
9. First
Amendment, as shown on page _______, to RFP-4143-01, Iron Mountain Information
Management, Inc.
10. Two Deeds and Closing Affidavit, as shown on
page _______, regarding Parcel #157, Lake Drive, Seminole County v.
Casselberry Investment Properties, per settlement approved on December 14,
2004.
11. Basic Contract #M-484-05, as shown on page
________, Chad Willhite, Inc.
12. Work Orders #29 and #30, as shown on page
_______, to PS-5130-02, Ardaman & Associates, Inc. and Nodarse &
Associates, Inc.
13. Fourth Amendment, as shown on page _______, to
RFP-4187-03, A1A Cleaning Services, Inc.
14. Satisfactions of Connections Fees, as shown on
page ________, for the following projects:
Lake Forest 10B; Lake Mary Collections Retail G; Retreat @ Wekiva; Willa
Springs Office Park Lot 13; Lake Mary Professional Campus; Walgreens; Patterson
Office Building; and Off Broadway Lot 7.
15. Conditional Utility Agreements, as shown on
page ________, for Water and Sewer Service
with Ansara Heathrow Center, LLC, and Ansara Holding Corporation, Inc.
16. Developer’s Commitment Agreement, as shown on
page ________, for South Tuskawilla Property PUD, as approved on December 10,
2002.
17. Work Order #31, as shown on page ________, to
PS-5130-02, Nodarse & Associates, Inc.
18. Work Order #28, as shown on page _______, to
PS-574-01, The Colinas Group.
19. Basic Contract #M-486-05, as shown on page
_______, Florida Realty Analysts, Inc.
20. Memorandum to the BCC from Kevin Grace,
21. Agreement IFB-3098-05, as shown on page
_______, with Vila & Son Landscaping Corp.
22. Change Order #8, as shown on page _______, to
CC-1193-03, Pooley Enterprises.
23. Memorandum to Jerry McCollum,
24. Memorandum to Jamie Croteau, Administrative
Services Director, from Sandy McCann, County Commission Records Office,
expressing appreciation for plumbing work done.
25. First Amendment to RFP-4222-04, as shown on
page ________, Pride Enterprises.
26. Certificate of Final Completion for Work Order
#8 to CC-1222-03, as shown on page ________, American Persian Engineers &
Contractors, Inc.
27. Package Policy, Storage Tank Policy and Cyber
Liability Policy for Self Insurance Program Renewal, as shown on page ________,
as approved by the BCC on September 28, 2004.
28. Letter to Clay Hartsoe from Commissioner Van
Der Weide, regarding his meeting with the VAB special master.
29. Work Order #4, as shown on page _______, to
PS-5143-03, Reiss Environmental, Inc.
30. Work Orders #32 and #33, as shown on page
_______, to PS-5129-02, Southeastern Surveying & Mapping.
31. Work Order #1, as shown on page _______, to
PS-5167-04, Keith & Schnars.
32. Recorded Resolution #88-R-62 and two Drainage
Easements, as shown on page _______, (Robert W. & Laura L. Behe and
Southern Pioneer, L.L.C.) regarding vacating Maple Drive right-of-way easement.
33. Memorandum to Laurie Hayes Coleman,
Engineering Division, from Henry Brown, Assistant County Attorney, regarding
Direct Pay Request for
34. Work Order #13, as shown on page _______, to
FC-1164-01, Hunter-Nelson, Inc.
35. Change Order #1, as shown on page _______, to
Work Order #16, CC-1222-03, Schuller Contractors, Inc.
36. Bids as follows: PS-5177-05; RFP-4240-05; DB-608-04; #2116-05;
CC-1256-05; CC-1255-05; CC-1257-05; IFB-3104-05; PS-5175-04 Additional
Submittals; RFP-4241-05; IFB-3106-05; CC-1258-05; and CC-1259-05.
Sheriff’s Office
44. Sheriff’s
Office to utilize $2,200 in Law Enforcement Trust Funds for the following: (1) $2,000 contribution to the Central
Florida YMCA’s Youth Scholarship program; and (2) $200 contribution to
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Deputy Building Official, Tom Helle, addressed the Board to present the appeal of the Findings & Order of the Building Contractor Examiners Board on Case #04-012-001B, by Toni Murray. He gave a history of the complaint, advising Ms. Murray contracted with CVI Windows & Doors on November 6, 2001. He stated the letter in the agenda packet from Ms. Murray’s counsel indicated that there were no County inspections conducted on the work. He further stated that County staff was on the property on two separate occasions - during the construction and towards the end of the construction.
Commissioner Morris asked the District Commissioner to make a recommendation on this issue. He said the Board has a choice of having an evidentiary hearing, referring this to a special master, or remanding it back to the Building Contractor Examiners Board.
Motion by Commissioner Van Der Weide seconded by Commissioner Morris to uphold the Findings and Order of the Building Contractor Examiners Board with regard to Case #04-012-001B, CVI Windows & Doors (Robert Hampson).
Under discussion,
Commissioner Van Der Weide stated that under those circumstances, he would like to withdraw his motion. Commissioner Morris withdrew his second.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to refer Case #04-012-001B, CVI Windows & Doors/Robert Hampson (Toni Murray/Complainant), to a special master.
Under discussion, Commissioner Carey noted that there was a long time span between the time of the work and the time Ms. Murray filed a complaint; and a long time between the time the complaint was filed and the time it went before the Examiners Board. She added that she would like to see these complaints expedited.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Planner, Tina Deater, addressed the Board
to present the Final Master Plan for AmSouth Bank/Retail at the Shoppes of Hunt
Club in the Foxwood PUD, located on the northeast corner of SR 436 and
District Commissioner Van Der Weide stated he appreciates the efforts on everyone’s part to reach an agreement.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey to approve the
Final Master Plan for the AmSouth Bank/Retail at Shoppes of Hunt Club (Foxwood
PUD), located on the northeast corner of SR 436 and
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Mr. Grace stated staff has provided the Board with an outline of how appointments to the Charter Review Commission were made during the last charter review. He advised the appointment would not be effective until September 1 and the organizational meeting must be held within 30 days of the effective appointments.
Chairman Henley stated the Board can make appointment adjustments between commission districts, but cannot make changes to the make-up. He questioned if the Board is comfortable with what has been laid out in the agenda packet.
Commissioner Dallari stated there is nothing wrong with the process and he would like to continue with it.
Upon inquiry by Commissioner Van Der Weide,
Upon inquiry by Commissioner Morris, Mr. Grace advised he will be including some funding for the Committee in the upcoming budget.
Commissioner Morris requested Mr. Grace bring this back at the next Board meeting for formal adoption of the process.
Commissioner Carey stated she would like to see a budget number at the time this is brought back for formal approval.
-------
Frank Kirk, Emergency Communications/E-911, and Angel Nater, Public Safety, addressed the Board to give a briefing on the scope of the Public Access to Defibrillation (PAD) program.
Commissioner Morris stated that the Board previously approved placement of these out in the community with a more aggressive program. He questioned how many of these defibrillators have been placed since Board approval.
Mr. Nater advised none have been placed yet.
Mr. Grace explained that they are leveraging the $25,000 approved by the Board to get $75,000 by applying for an EMS 75/25 Matching Grant from the State.
Commissioner Van Der Weide stated he believes the County needs to get moving on this. He also stated that these machines need to be identified and people need to know where they are located.
Mr. Nater advised that part of the program would require adoption of an ordinance that would encourage people to register their AED. He continued reviewing the proposed program. Discussion ensued.
Commissioner Morris said he would like to see a comprehensive plan.
Commissioner Van Der Weide stated the Board is viewing this as a health and safety issue and want staff to move much quicker to establish the program and get the AED’s installed.
Chairman Henley requested that by the next BCC meeting the staff is directed to give an update on a proposed comprehensive (maximum) plan for installation of AED’s, including funding, timelines for completion, and an education program. Also, staff is to contact the School Board and request their cooperation from the standpoint of funding the phone lines.
DCM, Sally Sherman, addressed the Board to advise of proposed legislation dealing with AED’s and requiring Public Safety to train and maintain these machines. She said staff did a preliminary analysis on the cost of that and came up with an estimate of $150,000 per year.
Commissioner Morris stated he would also like to hear from the Sheriff on this because he has a sizeable request for AED’s.
-------
The Chairman recessed the meeting at 10:48
a.m., reconvening at 1:30
p.m., with all Commissioners (with Commissioner Morris being late) and all
other Officials, with the exception of Deputy Clerk Sandy McCann, who was
replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to authorize filing the proofs of publication
for this meeting's scheduled public hearings.
Districts
1, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
REZONE/Forrest
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from R-1 (Single-family Dwelling) to R-2 (One and
Two-family Dwelling) on approximately 0.21 acres, located on the west side of
Jackson Street, Forrest Jackson, received and filed.
Michael
Rumer, Planner, addressed the Board to present the request as outlined in the
agenda memorandum.
Commissioner
Morris entered the meeting at this time.
Mr.
Rumer stated staff believes the proposal is incompatible with the development
trend of the surrounding neighborhood; therefore, staff recommends denial of
the request based on the findings of incompatibility. He stated the Planning & Zoning
Commission (P&Z) recommended approval of the request at their March 2, 2005
meeting. He said he received a call from
Senator Constantine’s office indicating that a constituent came to his office
voicing opposition to this item.
Mr.
Rumer informed Commissioner Henley relative to whether or not there are
duplexes located up and down the street.
Upon
inquiry by Commissioner Carey, Mr. Rumer advised the units are single-family
and not duplexes.
Quentin
Freeman, representing the applicant, addressed the Board to state he is Mr.
Jackson’s grandson and since the last hearing, they have obtained a Petition,
as shown on page ________, from area residents indicating that they are in
favor of the rezone. He stated 30
residents have signed the petition, but one did not sign it because he felt
that the units might cause drug dealings in the area. He said he feels the Board should approve the
R-2 zoning since there is R-2 zoning down the road.
Upon
inquiry by Chairman Henley, Mr. Freeman advised some of the residents that
signed the petition do not live on
Patricia
Taylor,
Chairman
Henley stated whatever action the Board takes could affect all of those properties
along that area.
Upon
inquiry by Commissioner Carey, Ms. Taylor advised she did not receive a notice
for the P&Z hearing and that is why she is here today.
Chairman
Henley stated there are vacant properties in the area and they may play into
this. He stated the Board may want to
bring this back at a later date and see what the neighbors think.
Mr.
Rumer explained for Commissioner Carey what the estimation should be for MDR
versus LDR.
Ms.
Taylor stated if the Board wants to continue this item for 30 days she would
appreciate their efforts in doing so.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
District
Commissioner Henley stated he feels it is reasonable for Ms. Taylor to request
a continuance to this item as there is some confusion. He recommended continuing the request to May
10, 2005 to give her an opportunity to meet with the applicant and staff.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to continue to May 10, 2005 at 1:30
p.m., or as soon thereafter as possible, request to Rezone from R-1
(Single-family Dwelling) to R-2 (One and Two-family Dwelling) on approximately
0.21 acres, located on the west side of Jackson Street, as described in the
proof of publication, Forrest Jackson.
Under
discussion, Commissioner Carey requested staff to submit a bigger map on this
in order to give the Board more information.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Morris requested that staff meet with the residents to help them clearly
understand the rezoning request.
REZONE/Hugh
Harling
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone from A-1 (Agriculture) to C-3 (General Commercial
and Wholesale District) for a 5-acre site located on the north side of Arletta
Street, 0.3 miles east of SR 434, Hugh Harling, received and filed.
Jeff
Hopper, Planning, addressed the Board to state the site consists of an existing
greenhouse facility. The applicant is
proposing to remove the greenhouse facility and to stabilize the surface so it
is suitable for parking vehicles. He
stated site design issues, such as access to public streets, stormwater
management, landscaping and lighting will be addressed through the required site
plan review process. Staff recommends
approval of the request.
Hugh
Harling, applicant, addressed the Board to state he concurs with staff
recommendations and he will be glad to answer any questions.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris to adopt an Ordinance #2005-13, as shown on
page ________, approving rezoning from A-1 (Agriculture) to C-3 (General
Commercial and Wholesale District) for a 5-acre site located on the north side
of Arletta Street, 0.3 miles east of SR 434, as described in the proof of
publication, Hugh Harling, with staff’s recommendation.
Under
discussion and upon inquiry by Commissioner Carey, Bob Hattaway, property
owner, addressed the Board to advise he has been working with
Mr.
Hattaway informed Commissioner Carey that they are working on the buffer with
the City of
Commissioner
Van Der Weide stated he would like to commend the property owner for working
with the City and County staff. He
stated things have improved to the point where it is really starting to look
good.
Districts
1, 2, 3, 4 and 5 voted AYE.
MAJOR AMENDMENT TO
BILL HEARD
CHEVROLET
PCD/Jennifer
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to consider an Ordinance approving the request for a Major
Amendment to the Bill Heard Chevrolet PCD, Rezone from PCD (Planned Commercial
Development District) to PCD (Planned Commercial Development District), and
approve Addendum #2 (outdoor sound amplification) to the Developer’s Commitment
Agreement on approximately 25.0 acres located on the north side of SR 46
between Oregon Street and Interstate 4, Jennifer Eden, received and filed.
Tina
Deater, Planner, addressed the Board to state the applicant is requesting a
Major Amendment to the Bill Heard Chevrolet PCD to allow the use of outdoor
sound amplification devices. The
approved PCD Developer’s Commitment Agreement prohibits the use of outdoor
sound amplification devices. She stated
Bill Heard Chevrolet received a verbal citation from the County Code
Enforcement for using an outdoor sound amplification system. The Code Enforcement inspection reports
indicate that the auto dealership continued using the system and it was ordered
on September 23, 2004 by the Code Enforcement Board to cease and desist the
outdoor amplification system until an amendment to the Development Order is
approved. If an amendment is not
approved, they need to remove all outdoor amplification devices by January 7,
2005. If the respondent failed to comply
with Section 2 of the Order, a $250 a day fine would be imposed for each day
the violation continues or is repeated.
As of the date this report was written the dealership continues to
accrue the fine. Bill Heard Chevrolet
was scheduled to go before the Code Enforcement Board again on May 19, 2005 and
at that time the County was requesting issuance of an order imposing a lien of
$11,500 to be placed upon the property due to unpaid fines. This item was withdrawn from the agenda by
the Code Enforcement Officer because of a possible conflict of interest by two
Board members and it will be rescheduled at a future agenda. She said staff has determined that Bill Heard
Chevrolet PCD is located in an area with an increasing residential
population. Phase 2 of the Dunwoody
townhomes to the west is currently under site plan review. A proposed townhouse project to the north is
currently undergoing a Large Scale Land Use Amendment and rezoning. She added staff feels that the permanent use
of outdoor sound amplification devices is not compatible with the residential
nature of the surrounding properties.
She stated staff recommends denial of the request. The P&Z Commission also recommended
denial of the request.
Commissioner
Morris stated Bill Heard received a verbal warning on March 1 and it took six
months to issue an order to cease and desist and no fine was done until another
three months.
Upon
inquiry by Commissioner Morris, Robert McMillan,
Upon
inquiry by Commissioner Morris, Ms. Deater advised they were supposed to go
before the Code Enforcement Board to impose a lien.
Upon
further inquiry by Commissioner Morris, Ms. Deater advised there were some complaints
for sign violations and that is included in the agenda.
Don
Fisher, Deputy County Manager, addressed the Board to state there were some
sign variances and modifications to the Planning & Zoning Commission
development agreement, but he can confirm that there had been some sign
violations on numerous occasions throughout the past few years.
Matt
West, Planning Manager, addressed the Board to state Bill Heard Chevrolet hung
banners from every light post on the property and those were replaced with banners
with the American Flag.
Upon
inquiry by Commissioner Morris, Mr. West advised the Board approved transmittal
of a development to the north of this property and it will come back to the
Board on May 10, 2005.
E-mails
from area residents opposing the Major Amendment were received and filed.
Attorney
Daniel Osterndorf, Cronin & Latham, LLP, addressed the Board to state the
amplification system was installed and a couple of the employees improperly
misused that system. He stated he is not
asking unadulterated use of the system but to modify the PCD to allow some use
of an outdoor amplification system within specified perimeters. Those perimeters could be used for only
certain hours of the day so they will not disturb the surrounding
communities. He said there were some
questions at the P&Z Commission whether other technologies might be
available and better suited for this.
There are other technologies out there; however, those are limited in
the scope and function. If the Board
approved the use of this type of system, it could be subjected to strict
requirements and perimeters, time of use, and decibel levels.
Upon
inquiry by Chairman Henley, Attorney Osterndorf advised he cannot explain why
the system was installed and used in 1999 when it was prohibited. He stated although the system is in place, it
has been completely disabled and nonfunctional since August 2004.
Attorney
Osterndorf informed Commissioner Morris an application was filed to have a
modification to the PCD in September 2004 and this has been ongoing for some
time.
Commissioner
Morris asked why this Board would consider the request since the client had a
direct prohibition under strict requirements.
Attorney
Osterndorf stated he wouldn’t describe their installation and use of the
amplification system as an intentional violation. He stated he would describe it as an
oversight and once the complaints were brought to their attention, the
dealership went ahead and disconnected it and ceased using the system. They immediately filed their application.
Upon
inquiry by Commissioner Morris, Attorney Osterndorf advised he cannot
personally speak to the history of the alleged signage violations, but he can
say they are seeking to remedy any of the problems.
Upon
inquiry by Commissioner Carey, Attorney Osterndorf advised the speakers are in
place but the wiring to the speakers is not hooked up. It has been disconnected completely by
removing the wiring so it is nonfunctional.
Commissioner
Carey stated she and Code Enforcement inspector Debbie Leigh have visited the
site and they could not find the speakers.
Attorney
Osterndorf stated the wiring for the speakers have been removed so they are
nonfunctional.
Chairman
Henley stated he has 21 written comments in opposition to the request.
Tina
Demostene, representing Pulte Homes, addressed the Board to state she
represents Pulte Homes and
Carl
Murphy,
Rick
Bavec, 1597 Redwood Grove Terrace, addressed the Board to state he is a
consultant with NTS and he is in support of staff’s recommendation. He stated the noise has been continuous since
he has lived at
Upon
inquiry by Commissioner Morris, Mr. Bavec advised he is no longer the President
of the Homeowners Association, but up to that point he has received phone calls
from residents complaining about the noise on a weekly or bi-weekly basis.
Dennis
Santana,
Bob
Manuel,
Commissioner
Carey stated Mr. Manuel and other members of the Transition Committee have
visited her office on this issue.
John
Tillman,
Dick
Siegrist,
Mike
Moore,
Fred
Bates,
Attorney Osterndorf stated it
appears the dealership has had some history of diverging from the requirements
of the 1994 agreement. However, Bill
Heard has attempted to go through the proper channels in order to make this
modification to the PCD. He stated the
dealership is willing to agree to substantial restrictions and limitations on
the use of the system, such as it will
be done during normal business hours (9:00 a.m. to 5:00 p.m.).
No
one else spoke in support or in opposition.
Written
and Speaker Request Forms were received and filed.
District
Commissioner Carey stated she has asked staff to pull the development order
dated 1999 to make sure what was requested of Bill Heard as well as the one for
the Ford dealership. Both of those
development orders say that outdoor speakers and sound amplifications are
prohibited. She stated she has been to
the site with Code Enforcement and the only issue she has is to get staff out
there to determine if and when the systems were removed. Bill Heard is the largest Chevrolet
dealership and it would be nice for them to be a little more community
conscientious. She said there are other
technologies out there to allow him to notify his employees.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to uphold the Development Order that is in place,
thereby denying the requests for a Major Amendment to the Bill Heard Chevrolet
PCD, Rezone from PCD (Planned Commercial Development District) to PCD (Planned
Commercial Development District), and Addendum #2 (outdoor sound amplification)
to the Developer’s Commitment Agreement on approximately 25.0 acres located on
the north side of SR 46 between Oregon Street and Interstate 4, as described in
the proof of publication, Jennifer Eden, and not allow any outdoor
amplification.
Under discussion, Commissioner Carey
stated she wants staff to be aware of the banner and balloon issues, as well as
the parking on the sidewalks and right-of-way issues.
Under
discussion, Commissioner Van Der Weide stated even if the Board allows
amplification systems on that property, he is not sure Disney could even handle
that.
Commissioner
Dallari stated e-mail can be used as well.
Commissioner
Van Der Weide stated he feels there are other technologies out there.
Commissioner
Morris stated it is a very clean development order and he would like to make
sure that the P&Z, BOA and Code Enforcement have a copy of these minutes so
they can understand that this is a continuing ongoing problem.
Commissioner
Dallari stated if there were any questions, it should have been brought back to
this Board at the time the development order was approved and not five years
later.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Henley recessed the meeting at 2:25 p.m., reconvened it at 2:35 p.m.
LEGISLATIVE
UPDATE
Steve
Lee, Deputy County Attorney, addressed the Board to submit an update (received
and filed) on the current information to date.
He stated Hospice is asking for the Board’s support in opposing the
For-Profit Hospices Bill. He continued
reviewing the Growth Management amendment and stated it adds schools to the
concurrency requirements, creates a visioning process and allows creation of
urban service areas. He explained what
happens when counties adopt a vision and create an urban service area. The optional transit sales tax will also be
opened up to all charter counties. The
proposed amendment will put the optional school sales tax under the BCC and it
is questionable how the School Boards will view that prospect. The League of Cities is pushing an amendment
to allow cities to take 2 cents of the ELMS nickel gas tax and FAC opposes that
amendment.
Mr.
Lee continued by reviewing the responsibilities of the counties for the DJJ
bill and the maximum length of stay for juveniles.
Upon
inquiry by Commissioner Carey, Mr. Lee advised everything has been done by both
staff and the Florida Association of Counties to make it clear what the
County’s opposition is on the DJJ cost shift and they are being ignored.
Ms.
Sherman stated staff has distributed letters as well as handouts and pamphlets
to the Legislators in
Commissioner
Morris stated the most common excuse an elected official uses is confusion and
miscommunication.
Mr.
Lee stated the impact fee Legislation restricts the County’s ability to impose
impact fees. An amount would grandfather
existing impact fees ordinances and this will help the County as an impact fee
ordinance is already in place.
Mr.
Grace pointed out that this will apply to the water and sewer connection fees
as well.
Mr.
Lee reviewed the First Responders Workers Compensation bill requirements. It is estimated by the insurance companies
that the statewide impact is $8 million and that does not include those who are
self-insured. The proposed amendment
clearly states that the new burden is a preponderance of the evidence. The estimate of that is about $10 million
statewide and that does not include those who are self-insured.
He stated on March 30, two residents
went before the House Agriculture Committee to complain about what
Commissioner
Carey requested a list of the members on the House Agriculture Committee.
Mr.
Grace stated staff has not taken a position on a number of those things and
they need Board’s direction if they want staff to weigh in on the Hospice,
First Responders and Impact Fees bills.
Commissioner
Dallari stated if the State is not willing to listen to them, he would like to
know how they can change their approach.
Mr.
Lee stated it has been suggested that the County make use of the SGTV process
as well as the tax bills.
Upon
inquiry by Commissioner Dallari, Mr. Lee advised other counties are in the same
boat as well.
Commissioner
Van Der Weide stated he feels that one reason the County is getting less
attention is the elected officials are not involved in the political process of
the State representatives.
Chairman
Henley stated he believes the Board should oppose the First Responders, the
Impact Fee bills and the For-Profit Hospice.
Commissioner
Carey stated there are some important issues that the Legislature is trying to
be helpful on. She stated she feels it
would be helpful if the Board inform the Legislature that these are the things
that are concerning them.
Mr.
Grace suggested the Board send a summary letter listing the Board’s
position. He advised he will keep an eye
on the First Responders issue.
Commissioner
Van Der Weide recommended that Chairman Henley write a letter to the
Legislature.
Commissioner
Morris stated the Attorney General has given a ruling on the Fire Hydrants
issue and Representative Sorenson indicated that he does not want to do
anything with this bill. He stated the
one option the Board can do is pass an ordinance by placing a requirement on it
and then try to enforce it. The
ordinance would be drafted using the national standards, annual inspections
would be done, and a report would be issued.
The responsibility of the owner is to carry out these inspections as
well as the cost.
Chairman
Henley stated the consensus of the
Board is to communicate to the Legislature regarding these items.
PRIORITY
SETTING WRAP-UP
Mr.
Grace stated this is a wrap-up of the Priority Setting work sessions and he
needs Board’s direction relative to funding alternatives for the top priority
issues. He stated he has provided a
suggestion list of four top priorities and those include: Library Expansion; Jail Expansion; Transit
Funding; and Stormwater Funding. He said
the other items could be addressed as those are more long term and could be
addressed in the coming years.
Upon
inquiry by Commissioner Carey, Mr. Grace advised he assumes the Water and Sewer
Rate Study will be completed within the next 60 days and he will let the Board
know at that time.
Commissioner
Carey stated she feels the Arts are different than the Community Services
needs. She stated she would like to see
the Community Service needs separated from the Arts projects. She stated she has been working with the
Parks staff on
Mr.
Grace stated staff is working on some estimates and that can be discussed
during the Budget process.
Upon
inquiry by Commissioner Dallari, Suzy Goldman, Library & Leisure Services
Director, addressed the Board to advise the Parks Countywide Assessment Study
was done in 1999 and it was an overall recreational analysis of the
unincorporated area. It did not include
the cities.
Commissioner
Dallari stated he would like to see this updated and try to include what the
cities are doing.
Ms.
Goldman advised the City of
Chairman
Henley stated he believes the reason the Arts was under Community Service is
because they were all block grant programs.
Commissioner
Carey stated she would like to see them separately.
Commissioner
Van Der Weide stated he answered yes to each one of the issues listed on the
priority summary sheet. He stated he
recognizes the need for all of these but he is wondering how they are going to
fund them.
Chairman
Henley stated he supports each of the issues as well. He stated he supports the Jail expansion but
does not support the report that came out of the study. He said they need to look at various options
of how they can accomplish each one. He
said he is not in opposition to the
Commissioner
Van Der Weide stated the County, up to this point, has done a wonderful job on
evaluating the 16 basins. He stated Mr.
Grace has been telling him for years that they need funding for
stormwater. He said staff has been doing
a wonderful job in cleaning out the drainage and the people that were flooding
are not flooding now. He said he would
like to know how flooding is still going on.
Upon
inquiry by Commissioner Carey, Mr. Grace advised staff is in the process of
looking at the penny sales tax for subdivision retrofits to see if that can be
part of the solution. He stated he will
get back to the Board during the next couple of meetings.
Commissioner
Carey stated she feels the City Mayors and Managers need to discuss the transit
issue. There are a lot of
Commissioner
Morris stated he would like the seven cities commit to the
Commissioner
Carey stated before they look at new trails, they need to identify where they
are going to acquire the land. She
stated the County has some parks, such as Soldier’s Creek, that are an
embarrassment that they are a County park.
She said the County has invested money in some of the parks and those
should be put on top of the list before they pursue land for new parks unless
there is a separate source of funding like
Commissioner
Dallari stated some of the things he would like to look at is redoing the
master plan for 17-92 and trying to purchase more land. He stated he would like to do more community
outreach with SGTV, and he also would like to see what goals and objectives the
Board is asking staff to try to improve.
Chairman
Henley stated he believes a lot of those issues will come up during the Budget
process.
Commissioner
Morris stated he believes the CRA master plan has gone to the CRA committee and
they have endorsed that idea. The
Upon
inquiry by Chairman Henley, Mr. Grace advised he would suggest the top four
priorities (Library Expansion, Jail Expansion, Transit Funding, and Stormwater
Funding) be established as the Board’s priorities. Discussion ensued.
Chairman Henley asked the Board if
they would like to draft a letter to the cities asking them for a response to
the transit funding.
Mr.
Grace stated what the Board is asking staff to do is come back with the
alternatives, what the needs are, where they are today and try to give them
some choices.
Commissioner
Carey stated a Mayors and Managers work shop is scheduled in May.
Chairman
Henley stated he believes the consensus
is to authorize staff to move with the four top priorities, as recommended by
Mr. Grace, and to come back with some options.
Staff will also draft a letter to the cities regarding the transit
funding.
CHAIRMAN’S
REPORT
No
Report.
The following Communications and/or
Reports were received and filed:
1.
Letter
dated 3/24/05 to Chairman from Michael Snyder, Executive
Director-Orlando-Orange Co. Expressway Authority, re: 2030 Master Plan
Workshops. (cc: BCC, Co. Manager, Deputy Co. Managers, Public
Works Director, Co. Engineer)
2.
Letter
dated 3/18/05 to Chairman (with attached CD) from R. Gregory Rockwell,
Director, Division of Financial Management-St. Johns River Water Management
District, re: 2004 Comprehensive Annual Financial Report. (cc:
BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director, Public
Works Director, Stormwater Manager)
3.
Letter
dated 3/17/05 to BCC from John Ferring re: Winter Springs Senior Citizens
Center. (cc: Co. Manager, Deputy Co. Managers, Community
Development Block Grant Manager)
4.
Letter
dated 3/17/05 to BCC from Senator Paula Dockery-Senate District 15, re: Support
of alternative water supply sources.
(cc: BCC, Co. Manager, Deputy Co.
Managers, Co. Attorney, Environmental Services Director)
5.
Amended
Notice of Customer Service Hearings for
6.
Notice
of City of
7.
Copy
of letter dated 3/17/05 to Michael Ertel, Supervisor of Elections (with
attachment), from Paul Craft, Bureau of Voting System-State of
8.
Letter
dated 3/22/05 to Chairman (with attachment) from Jeffrey Bartel, Vice
President, External Affairs-Florida Power and Light, re: Petition to increase
retail base rates. (cc: BCC, Co. Manager, Deputy Co. Managers, Co.
Attorney)
9.
Copy
of letter dated 3/18/05 to Russ Gibson, Planning & Community Development
Director-City of
10.
Copy
of letters dated 3/22/05 (with attached resolution) to Florida Congressional
Members from the Chairman re: Request to maintain the Community Development
Block Grant Program funding. Officials
receiving the letter were: Senator Bill
Nelson, Senator Mel Martinez, Representative John Mica, Representative Corrine
Brown, and Representative Tom Feeney.
11.
Letter
dated 2/23/05 to Fla. State Clearinghouse-Dept. of Environmental Protection
(with attachments) from Anne Brewer, District Project Development &
Environmental Engineer-District 5 Fla. Department of Transportation, re:
Advance notification for Wekiva Parkway Project Development.
12.
Contracts
for services, as shown on page ________, between
13.
Copy
of letter dated 3/23/05 to Victoria Aber from Jane Peterson, Library Services
Manager, re: Appreciation for recent donation.
14.
Memorandum
dated 4/4/05 to BCC, Co. Manager, Deputy Co. Managers (with attachment) from
David Johnson, Property Appraiser, re: Property Owner Hurricane Tax Relief.
15.
Copy
of letter dated 3/30/05 to Fla. State Clearinghouse, Dept. of Environmental
Protection (with attachments) from Anne S. Brewer, Project Development &
Environmental Engineer-FDOT District 5, re: Advance notification for
International Parkway/SR 417 Interchange Project Development and Environment
Study.
16.
Letter
dated 3/25/05 to BCC (with attached publication) from Raymond Gilley, President
& CEO-Metro Orlando Economic Development Commission, re: 2005 Orlando Film
Book.
17.
Letter
dated 3/30/05 to Chairman from Stephen Wolfram, Chairman-Seminole County
Alliance for Children and Families, re: Proposed use of Children’s Village
buildings. (cc: BCC, Co. Manager, Deputy Co. Managers,
Administrative Services Director, Support Services Manager, Co. Attorney)
18.
Copy
of memorandum dated 3/25/05 to Sandy McCann, Supervisor-Co. Commission Records
Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re:
Submissions into Co. Records.
19.
Copy
of memorandum dated 4/1/05 to Sandy McCann, Supervisor-Co. Commission Records
Office, from Becky Noggle, Sr. Coordinator-Environmental Services, re:
Submissions into Co. Records.
20.
Letter
dated 3/29/05 to BCC (with attachments) from Cynthia Porter, Deputy City
Clerk-City of
21.
Copy
of letter dated 3/30/05 to Gloria Wade, The Animal Welfare Alliance of Central
Florida (with original Correspondence attached) from Commissioner Morris re:
Priority work session interpretation.
22.
Letter
dated 3/25/05 to Chairman from Bruce Williams, Finance & Accounting
Director, Revenue Accounting Sub-process-Florida Department of Revenue, re:
Local Option Gas Tax distribution percentages for Fiscal Year 2005/06. (cc:
BCC, Co. Manager, Deputy Co. Managers, Fiscal Services Director [for
response], Co. Finance Director)
23.
Copy
of letters undated from Chairman re: Appreciation for Hurricane Relief check to
the following: Elizabeth Taylor, Fab
Follies Productions; and Betsy Nein, Fab Follies.
24.
Copy
of Correspondence undated to Senator Constantine from Mark Hoefling, Cygnus,
re: Wi-fi bills in State Legislature.
(cc: BCC, Co. Manager Deputy Co.
Managers, Information Technology Director)
25.
Copy
of letter dated 3/28/05 to Don Fisher, Deputy Co. Manager, from Bob Cortes, Cortes
Towing Service, re: Amending the Towing Ordinance.
26.
Copy
of memorandum dated 3/29/05 to Seminole County City Mayors (with attachment)
from Chairman re: Letters of opposition to Legislative Delegation.
27.
Letter
dated 3/28/05 to Chairman from Kenneth McIntosh re: Cameron Heights Large Scale
Amendment and Rezoning request for continuance to May 10, 2005. (cc:
BCC, Co. Manager, Deputy Co. Managers, Planning & Development
Director, Planning Manager, Co. Attorney)
28.
Memorandum dated 4/11/05 to BCC from Sally
Sherman, Deputy Co. Manager, re: Iron Bridge Water Reclamation Facility.
29.
Public Notice from Department of the Army re:
Application for
30.
Letter dated 4/7/05 to BCC (with attachments)
from Gloria Lewis, Director, Division of Permit Data Services-St. Johns River
Water Management District, re: Application
for proposal to withdraw .27 million gallons of water daily for Markham Woods
Golf Club. (cc: BCC, Co. Manager, Deputy Co. Managers, Environmental Services Director,
Public Works Director, Support Services, Stormwater Manager)
31.
Memorandum dated 4/08/05 to
32.
Memorandum dated 4/08/05 to Sandy McCann,
Supervisor-Co. Commission Records Office, from Becky
Noggle, Sr. Coordinator-Environmental Services, re: Submissions into
33.
Copy of letter dated 4/07/05 to Gerald Seeber,
City Manager-City of
34.
Copy of letter dated 4/08/05 to John Ferring,
President-Senior Citizens Association of Winter Springs, from Robert Heenan,
HUD Grants Coordinator re: Receipt of funding request. (cc: BCC, Co. Manager,
Deputy Co. Managers, Community Services Manager)
35.
Letter dated 4/05/05 to Property Owner (with
attachments) from Chad Luedtke, Project Manager-HDR Engineering, re:
Notification of Upcoming Project Development & Environmental Study of the
International Parkway/SR 417 Interchange.
(cc: BCC, Co. Manager, Deputy Co.
Managers, Public Works Director, Co. Engineer, Support Services)
36.
Copy of letter dated 3/30/05 to Betty Phillips
from Kenneth Roberts, Director-Public Safety, re: Appreciation for donation of
handmade dog pads.
37.
Letter undated to Chairman from Sophie O’Keefe,
Community Relations Manager-Progress Energy, re:
Upgrading electric meters in the Community.
(cc: BCC, Co. Manager, Deputy Co.
Managers, Co. Attorney)
38.
Letter dated 4/04/05 to Chairman from Linda
Watson, Chief Executive Officer-LYNX re:
Information on
39.
Letter dated 3/31/05 to BCC (with attachments)
from John Saboor, Executive Director and Doug Barclay, Seminole Co. Marketing
Manager-Central
40.
Email dated 4/05/05 to Chairman (with attached
fact sheet) from Michael Proctor re: Concerns with UCF stadium proposal. (cc:
BCC, Co. Manager, Deputy Co. Managers, Planning & Development
Director, Planning Manager)
41.
Contracts for services, as shown on page
________, between Seminole Co. Government and the following: Clifford Ray Franke (Umpire Slow Pitch Softball), Victoria L. MaComber (Umpire Slow
Pitch Softball), and Llewellyn Patterson (Umpire Slow Pitch Softball).
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Henley recommended appointing George Dawkins to the Parks & Recreation
Advisory Board, and to approve a Resolution commending Jane Harrison for her
services to same.
Motion by Commissioner Morris, seconded
by Commissioner Dallari to appoint George Dawkins to the Parks & Recreation
Advisory Board for an unexpired term ending January 1, 2006; and adopt
appropriate Resolution #2005-R-73, as shown on page _______, commending Jane
Harrison for her services to same.
-------
Commissioner
Morris stated he and Commissioner Henley attended the
-------
Commissioner
Morris advised the Big Tree Park dedication is scheduled at 10:00 a.m. on
Thursday, April 14, 2005. Staff and the
volunteers have done great work in getting that park cleaned up after three
hurricanes. The oldest tree is called
the Senator and Geneva Elementary students have named another tree Lady
Liberty. He stated Chairman Henley will
be giving a speech.
-------
Motion by Commissioner Carey, seconded
by Commissioner Morris to appoint Grace Chewning to the Code Enforcement Board
for a 3-year term ending January 1, 2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner Carey, seconded
by Commissioner Dallari to reappoint Mike Holland to the Swimming Pool
Contractors Board for a 1-year term ending January 1, 2006.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Carey updated the Board on the Envision Seminole Health Summit that she,
Chairman Henley, David Medley and Don Fisher attended on Thursday, March 31,
2005. She stated there was some
valuable information about how to deal with the health issues in
-------
Commissioner
Carey stated she attended the Mental Health Task Force meeting on Friday, April
1, 2005, and they expressed their appreciation for the support and money they
received in order to get a $1 million grant.
-------
Commissioner
Carey informed the Board that approximately 6,000 people attended the grand
reopening of
-------
Commissioner
Carey stated at the OSIA Board meeting on April 5, 2005, Mr. Dale reported that
the U.S. Customs has made a complete turnaround in their attitude toward the
airport. She stated Mr. Dale expressed
his appreciation to the Board for communicating to the Congressmen and Senators
who helped on this. She said they are
working together in expanding the Customs area and staffing it. Allegiance Airlines will be starting a new
service at the airport on May 26, 2005.
-------
Commissioner
Carey stated she spent a week riding with the Code Enforcement Officers and it
was very informative. She stated she
would encourage the Board to spend time with the Code Enforcement Officers.
-------
Commissioner
Carey asked Sally Sherman, Deputy County Manager, to help coordinate the
efforts of cleaning up Bookertown.
-------
Commissioner
Carey reminded the Board of the Volunteer Appreciation dinner scheduled for
Thursday, April 14, 2005.
-------
Commissioner
Carey stated the Central Florida Education Summit is scheduled for Thursday,
April 21, 2005.
-------
Commissioner
Carey advised that the Florida Department of Transportation (FDOT) is kicking
off the SR 46 project along the airport area on Thursday, April 21, 2005 at
6:00 p.m. at Midway Elementary.
-------
Commissioner
Carey advised that the
-------
Commissioner
Dallari thanked staff for the
-------
Commissioner
Dallari advised that the Taste of Oviedo is being held this Saturday, April 16,
2005, and he would like to see as many people out there as possible.
Motion by Commissioner Morris, seconded
by Commissioner Van Der Weide to authorize Chairman to execute Hold Harmless
Agreement, as shown on page ________, with Lo Bros. Enterprises, for an event
at
-------
The
Chairman recessed the meeting at 3:50 p.m., reconvening at 7:00 p.m., with all
Commissioners and all Other Officials, with the exception of Commissioner
Morris, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy
Clerk Carylon Cohen, who were present at the Opening Session.
PUBLIC
HEARINGS
FINAL MASTER PLAN
DEEP LAKE
PUD/CHARLES MADDEN
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approving the Final Master Plan and Developer’s Commitment Agreement
for Deep Lake PUD, property located on the south side of SR 426 and the west
side of Deep Lake Road, Charles Madden, received and filed.
Jeff
Hopper, Senior Planner, presented the request stating the staff recommends
approval with the clarification to the Developer’s Commitment Agreement, page
1, to eliminate the square foot limitations for Commercial/Office Use (Item
III.C.) and substitute the .35 floor area ratio for Tracts F and G.
Charlie
Madden, applicant, representing Ryland Homes, addressed the Board to state they
have implemented the conditions of the approved, recorded Development
Order. They had the neighborhood meeting
that was indicated in the development order and he thinks that went very
well. He said he understood they are
here tonight for additional review of the plan to ensure they are following the
orders that were placed in the Development Order. Although there is a draft final Developer’s
Commitment Agreement in the agenda packet, he is not sure that is to be
approved tonight.
Chairman
Henley advised the Board approved the Development Order early on and stipulated
the applicant would come back for final review to see if the applicant had met
with the neighborhood group and fulfilled what the Development Order required.
Mr.
Madden stated he has a problem with the issue of the sidewalks being provided
adjacent to all the dwelling units. He
explained what they have been doing recently is putting in sidewalks on one
side of the road and increased them to five feet where located internally in
the project. He said they would like to
do that with this project. He stated this
is not a written Land Development Code issue but they have been addressing this
on a case-by-case basis. The plan
provided has four-foot sidewalks on both sides.
He requested permission to allow five-foot sidewalks on one side of the
road with the sidewalks to be located in front of the most units to ensure they
are on the outside of the loop.
Upon
inquiry by Chairman Henley, Mr. Hopper said staff is recommending the sidewalks
on both sides of the road.
Mr.
Madden said the desire with another project was to get the five-foot sidewalks
in front of as many units as possible.
He showed the Final Master Plan, pointing out the “L” shape, and said it
does not make sense to have sidewalks on the north side of the roadway where
there are no units. He explained that
single family subdivisions typically have lots on both sides of the road. They are getting into a lot of situations
with parcels with odd configurations and there is no room on both sides. That’s why he thinks it’s a case-by-case
basis. He thinks the five-foot sidewalk
on one side should work here. He would
want to put in the sidewalk in front of the most number of units on the south
side.
Upon
inquiry by Commissioner Carey, DCM Don Fisher advised the Land Development Code
has a subdivision category that says sidewalks will be installed on both sides
of the street. It has been a matter of
practice that exceptions have been made.
He said this project is similar to the one off CR 427. He stated the staff position is that the
sidewalks should be according to the Code.
Upon
inquiry by Chairman Henley, Mr. Hopper said the .354 ratio would allow at least
50% greater amount of floor area on the site.
Commissioner
Van Der Weide recalled the problems with a development in his community with
the turning ratios, parking garages off the alley, and amount of parking
spaces. He asked how does this project
compare with the one in his area and if the tests had been applied to this
project.
Mr.
Fisher said this is a front entry project so there is a little more ability to
maneuver. There is enough room to park
in front of the units so pedestrian movements and such won’t be blocked. He doesn’t see the same problems with this
site as the one referenced by Commissioner Van Der Weide. He advised Chairman Henley that staff is
still recommending the sidewalks on both sides throughout the development.
Annette
Russell,
Chairman
Henley advised that is the purpose of Item W in the Development Order requiring
a tree survey. Staff would know how many
trees there are and which ones would have to come down. This would be determined partly due to the layout
and with agreement of the County.
Ms.
Russell said the Development Order requires vinyl siding fence to go along
Chairman
Henley stated the Development Order has not been opened up for discussion at
this point.
Wendy
Saliga,
Chris
Saliga,
Mr.
Madden addressed some of the concerns raised.
He said if they were to put in four-foot sidewalks on both sides of the
road, they would have to shift the units back four feet and that would impact
the wetlands another four feet. They
have maintained a 15-foot minimum buffer against that wetland. He agreed with Mr. Saliga that they would
like to maintain as much of the wetland in place as possible.
Commissioner
Dallari asked Mr. Madden to address the five issues in the letter from the
Saligas.
Commissioner
Dallari disclosed he had received a letter (copy received and filed) from Chris
and Wendy Saliga this evening and sent copies to the
Mr.
Madden stated regarding (1) the wetland, they have been through the St. Johns
River Water Management District over the past several months and they are aware
of all the issues, and that has been taken into account in the wetland and
stormwater analyses they did. (2) This
project will not be marketed as student housing and there is no desire to
attract students to this development.
(3) Ryland Homes has agreed they would be willing to extend a water
service. He explained, for the Record,
that they will have to do a wall in the 60-foot “undisturbed” buffer. He said it’s not really “undisturbed.” They will do a wall along the property line
and now they have been requested to extend the water service to the property
line. Ryland is agreeable to doing
that. He said the sewer issue will not
work because it’s a gravity feed and there is no way to accommodate a
sewer. He said Ryland does not design
the power system, but will send the plans to the power company so he doesn’t
know how to respond to the underground power lines. They will do underground services within
their project, but he doesn’t know where the feeds will go. That is to be determined. (4) It’s in the Developer’s Commitment
Agreement and the Development Order, Items J, K, and L, deal with the issue of
landscape details. He said they would be
fine continuing the same pattern as Centex, but the Saligas have said they put
the hedges in the wrong place, and this gets into what looks better. He said the landscape architect is the same
one who did the Centex landscape and they will be certain he takes into account
the comments by the Saligas and could have him talk to them. He noted that the Developer’s Commitment
Agreement says there will be a white PVC fence and if the Board wants to leave
some flexibility with that, they need to modify that language. (5) His comments for #4 also address the #5
issue.
No
one else spoke in support in or opposition.
Speaker
Request Forms were received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to approve the Final Master Plan and
Developer’s Commitment Agreement, as shown on page _______, for the Deep Lake
PUD, with the following amendments: with
the five-foot sidewalk only on the south side where the single units are located
on the north leg, and the developer will put in the black vinyl fence with a
hedge on the Tuskawilla side.
Under
discussion, Commissioner Carey asked for clarification on the recommendation by
staff on changing the commercial to .354 floor ratios. Commissioner Dallari said he was not
accepting that because he did not hear the applicant’s opinion this evening on
this recommendation.
Tom
Garrow, Roche Development, addressed the Board to state he would support the
.354 floor ratio. He said they are looking
to put a pharmacy on the first lot at the corner and put a medical office
building on the back lot.
Mr.
Hopper reported that .354 ratio on Tract F would result in a maximum of 37,352
square feet; and on Tract G, 22,411 square feet. That is assuming they can also provide
parking, retention and everything else required in the Code.
Commissioner
Dallari pointed out the Development Order says 20,000 and 13,000 square
feet. Mr. Garrow explained that was a
submission made two years ago and should not have been submitted with this
request.
Mr.
Hopper advised those square footages were not in the original Development Order
but were shown on the Preliminary Master Plan.
Whereupon,
Commissioner Dallari amended his motion to include the .354 floor ratio
for Commercial Tracts F and G.
Commissioner Carey agreed to the amended
motion.
Districts
1, 3, 4 and 5 voted AYE.
Upon
inquiry by Mr. Madden for clarification, Commissioner Dallari concurred the
applicant would extend the five-foot sidewalk on one side around to the
cul-de-sac; and the five-foot sidewalk would be on the main road starting from
Deep Lake Road all the way and the other roads would have four-foot sidewalks.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 7:38 p.m., this same date.
ATTEST:
_____________________Clerk___________________Chairman
slm/er/cc