BOARD OF
APRIL 22, 2008
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Mike McLean (District 2)
Commissioner
Bob Dallari (District 1)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Clerk
of Court Maryanne Morse
County
Manager Cindy Coto
Deputy Clerk Carylon Cohen
The
Invocation was given by Associate Pastor Stan Lasco, Markham Woods Assembly of
God Church, Longwood.
Commissioner
Dallari led the Pledge of Allegiance.
Awards and Presentations
Frances
Yarborough,
learn a variety of things. They have several governmental-type programs
set up and have a district program where the students get to sit in on
governmental meetings.
Zack Leffler, a three-year
4-H student, addressed the Board to express his thanks for the opportunity to
speak. He stated he has learned
recordkeeping, how to market his business, and how to be responsible for his
finances. He has raised a steer to show
at the Central Florida Fair.
Ms.
Yarborough said they will have 35 students showing this year at the fair. Her 4-H Club represents nine different
schools and one home school. She told of
other activities her club has sponsored.
Mr. Leffler presented two
tickets to the Fair to each of the Commissioners, the Clerk,
Ms.
Yarborough thanked the Commissioners for supplying the second 4-H Agent, Shane
Michaels, and for supporting this program.
She encouraged the Commissioners to come by the Fair for the livestock
sale on Sunday and a rodeo on Saturday.
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Dan
O’Keefe, CPA, Moore Stephens Lovelace, P.A., addressed the Board to present the
Comprehensive Annual Financial Report (CAFR) for year ending September 30, 2007
(copy received and filed). He gave a
PowerPoint (copy received and filed) review covering the following topics: CAFR Sections; Scope of the Audit; Reports
Issued; Financial Position Data; Activity Data; and Comparative Data (for
Seminole, Lake and
Chairman
Carey asked what would be the best practice for length of term to do financial
forecasting.
Mr.
O’Keefe said he thinks short-term for operations and long-term for
capital. Because of the volatility of
the economy and growth, the Commissioners probably don’t know what they will
have to spend money on as far as operations, but they can know better on the
capital. He said there is nothing in
writing, but it comes down to what they want to see. In his opinion, taking it out to three to
five years is even better than forecasting for two years.
Commissioner Dallari asked
how
Commissioner McLean referred
to the information on the change in net assets and said he wants to make it
clear that the information is talking about everything and not just the General
Fund. He said what the BCC has control
over may not necessarily be the numbers they have control over.
Mr. O’Keefe said that is
correct.
Commissioner
McLean said he doesn’t want to give the impression to the audience that the
financial situation is different from what the Board will be dealing with this
summer.
Chairman
Carey thanked Mr. O’Keefe for his presentation.
Commissioner
Dallari requested that Item #12, amendment to the County Administrative Code
and Fee Resolution for Natural Lands Summer Camp, be pulled for discussion. He
asked if $135 is just for County residents or is there a fee for those
outside-the-County as well.
Amy
Raub, Natural Lands, addressed the Board to state the $135 fee is for
out-of-County residents as well. She
advised Commissioner Henley that only one scholarship was given last year, but
staff hopes to market that better this year.
Whereupon,
Commissioner Henley said this action gives the impression they are increasing
the cost to the paying students in order to offer two scholarships.
Ms.
Raub explained they increased the fee to help with lowering the student to
teacher ratio from 10 to 1 to 9 to 1.
Commissioner
McLean said it appears a large portion of the increase is for administration to
reduce the ratio, but he also thinks it is commendable to have two scholarships
with all the young people who otherwise would not have that experience. He hopes they will be able to reach out to
the middle schools.
Commissioner
Henley said he supports scholarships at any time to help the needy, but he has
reservations with charging other students in order to have the money for that
purpose.
Chairman
Carey said, obviously, with the increase, staff is covering more than just the
scholarship amount.
Commissioner
Dallari said he did not have a problem with the increase, but his issue was the
increase looks like it is going to actual scholarships. He asked that this item be pulled for a separate vote.
Commissioner
Van Der Weide asked what the total cost is for this whole project.
Ms.
Raub advised it is approximately $5,100.
They also have office supplies, a first aid kit, and contracts for printing.
Commissioner
Van Der Weide said with the budget the Commissioners are going to be confronted
with in June, every program is going to be subject to being cut back or cut for
life. This is another issue the Board
will have to look at before they look at more serious issues in the County like
employment.
Chairman
Carey said this will more than pay for the cost of tuition with $125 or
$135. The Board wants to have the
opportunity to support natural lands and educate the children about natural
lands. Because she thinks the tuition
covers the cost of the program, she does not have a problem with it.
Whereupon,
Commissioner Van Der Weide said he would question this if it becomes a net drag
on the budget.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to approve and authorize the following:
Administrative
Services
Purchasing
and Contracts
3. Approve Work Order #5, as shown on page
_______, to PS-5173-04/AJR, Master Agreement for Continuing Professional
Services for Environmental Services, in the amount of $111,745.01 to Reiss
Environmental, Inc. of
4. Approve Work Order #6, as
shown on page _______, to PS-5173-04/AJR, Master Agreement for Continuing
Professional Services for Environmental Services, in the amount of $377,430.11
with PBS&J, Inc.,
Community
Service
Community
Assistance
5. Approve and authorize the
Chairman to execute the Satisfactions, as shown on page _______, of Second
Mortgage for households assisted under the SHIP Home Ownership Assistance
Program and the Emergency Repair Housing Program for the following: Lola Adams and Shawn Adams; Maria M. Atuesta;
Lucille Brown; Josie M. Burke; Armetta Franklin; Sherman Franklin and Anna
Franklin; Flossie Mae Franklin Gilbert and William Gilbert; Claudia Griffin;
Gladys Johnson; Dorothy Joseph; Paul E. McConnell; Kenneth J. Meyer and
Catherine B. Meyer; Jacqueline D. Miller; Francisco Molina; Christopher J.
Monteleone; Eligio A. Ortiz and Pauline Ortiz; Patricia A. Peoples and Sulonda
Y. Peoples; Thelma Shelling; and Lester F. Spicer and Deborah J. Spicer.
Environmental
Services
Business Office
6. Approve the release of the original Water and
Sewer Maintenance Bond #SU5006478-1 in the amount of $18,283.78 for the project
known as Annebury.
7. Approve the release of the original Water and
Sewer Maintenance Bond #6360542-2 in the amount of $8,620.00 for the project
known as Deer Run Villas.
Fiscal
Services
Administration
8. Approve partnering with the
9. Approve and authorize the Chairman to execute
the corrective, second Modification, as shown on page _______, of the
Subrecipient Agreement for Annual Maintenance of Mutual Aide Radio Cache (MARC)
Units, correcting the intended, effective date of the Modification.
10. Approve
and authorize the Chairman to execute a Memorandum of Agreement (MOA), as shown
on page _______, with the Orange County Sheriff's Office to secure
participation in the Urban Area Securities Initiative.
Budget
11. Approve
and authorize the Chairman to execute appropriate Resolution #2008-R-97, as
shown on page _______, implementing Budget Amendment Request (BAR) #08-51
through the 2001 Infrastructure Sales Tax Fund in the amount of $300,000.00 in
order to recognize funds received from Colonial Properties and to advance the
scheduling of the
Planning
and Development
Development
Review
13. Authorize
the release of the River Run Christian Church Right-of-Way Utilization Permit
Maintenance Bond #70015748 in the amount of $7,000.00 for the River Run Christian
Church Right-of-Way road improvements.
14. Authorize
the release of the Sonny's Restaurant at Oviedo Marketplace Maintenance and
Escrow Agreement and Cash Maintenance Bond in the amount of $1,303.75 for the
Sonny's Restaurant at Oviedo Marketplace road improvements.
15. Authorize
the release of the Orange Boulevard Property a/k/a Landsdowne Subdivision
Private Road Maintenance Agreement and Irrevocable Letter of Credit #F846406 in
the amount of $49,575.80 for the Orange Boulevard Property a/k/a Landsdowne
Subdivision for road improvements.
16. Authorize
the release of the Carriage Homes of Dunwoody Commons Private Road Maintenance
Bond #929367689 in the amount of $227,035.37 for the Carriage Homes of Dunwoody
Commons road improvements.
17. Approve
and authorize the Chairman to execute the minor plat for Murphy Oil/Wal-Mart
Stores East, LP for one (1) lot on 0.475 acres zoned PUD (Planned Unit
Development), located on the west side of Alafaya Trail, north of West
McCulloch Road, within the Hunter's Landing Commercial PUD; in Section 34,
Township 21S, Range 31E (Wal-Mart Stores East, LP).
18. Authorize
the release of Performance Bond #46BSBDY3701 in the amount of $570,791.93 for
Walden Chase (Centex Homes).
Engineering
19. Adopt
appropriate Resolution #2008-R-99, as shown on page _______, accepting a
Sidewalk Easement, as shown on page _______, from Florida Retail Specialists,
Inc., for property needed to construct a sidewalk along a portion of
20. Adopt
appropriate Resolution #2008-R-100, as shown on page _______, and authorize the
Chairman to execute a County Incentive Grant Program Agreement, as shown on
page _______, with the Florida Department of Transportation in conjunction with
the Midway Regional Stormwater Facility (IFAS). (Capital Improvement Project
#00241701)
21. Adopt
appropriate Resolution #2008-R-101, as shown on page _______, and authorize the
Chairman to execute a Locally Funded Agreement Supplemental Amendment Number 1,
as shown on page _______, with the Florida Department of Transportation (FDOT)
for the acquisition of right-of-way for the State Road 436/Red Bug Lake Road
Interchange Project from Lake Howell Road to Wilshire Boulevard; authorize
issuance of a wire transfer in the amount of $5,284,629.00 from funds in the
County’s 2007/2008 Fiscal Year Budget to be paid to the Florida Department of
Transportation immediately upon execution of this agreement.
22. Adopt
appropriate Resolution #2008-R-102, as shown on page _______, and authorize the
Chairman to execute a Locally Funded Agreement Supplemental Amendment Number 1,
as shown on page _______, with Florida Department of Transportation for the Transportation Regional Incentive
Program (TRIP) for the acquisition of Right-of-Way for the State Road 434
Project from
23. Adopt
appropriate Resolution #2008-R-103, as shown on page _______, and authorize the
Chairman to execute the Transportation Regional Incentive Program (TRIP) and
County Incentive Grant Program (CIGP) Agreement, as shown on page _______, with
the Florida Department of Transportation for the construction of additional
lanes on State Road 434 from
Traffic
Engineering
24. Authorize
the Chairman to execute the Amendment, as shown on page _______, to Seminole
County-Orlando Lake Forest, Inc. Traffic Signal Maintenance Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
Leisure
Services
Natural Lands
Item
#12, Approve an amendment to the County Administrative Code and Fee Resolution
for Natural Lands Summer Camp to allow the Department to administer and manage
the program with the established fees of $135 per student, presented.
Commissioner
Dallari said he asked for a separate vote for this item because he believes
since the people outside the County are not taxpayers, there should be an
increased cost to them.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to approve an Amendment, as shown on page
_______, to the County Administrative Code and Fee Resolution #2008-R-98, as
shown on page _______, for Natural Lands Summer Camp to allow the Department to
administer and manage the program with the established fees of $135.00 per
student residing within the County; and an additional $10 fee per student for
those residing outside the County.
Districts
1, 2, 3, 4 and 5 voted AYE.
Constitutional
Officers’ Consent Agenda
Motion by Commissioner McLean, seconded by Commissioner Dallari, to approve and
authorize the following:
Clerk’s Office
25. Approval of the Expenditure
Approval Lists, as shown on page _______, dated March 24 & 31, 2008; and
Payroll Approval List, as shown on page _______, dated March 15, 2008; and
approval of the Official Minutes dated March 25, 2008.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for
information only, the following Clerk’s “received and filed”:
1. Memo
from Sandy McCann, Commission Records, to Liz Parkhurst, Planning &
Development, dated March 19, 2008 re:
list of outstanding documents.
2. Memo,
as shown on page _______, from Jill Taylor, Purchasing, to Sandy McCann,
Commission Records, re: the voiding of
Amendment #1 to W.O. #2 to PS-5185-05/AJR.
3. Head
Tennis Pro Agreements, as shown on page _______, with the following: Roy Coopersmith and John Lefort.
4. Notice,
as shown on page _______, of Non-Renewal of Letters of Credit for #55101278
& #55101279 for Grande Oaks.
5. Memo
from Liz Parkhurst, Planning & Development, to Sandy McCann, Commission
Records, dated March 24, 2008 re: list
of outstanding documents.
6. Resolution
#2007-R-212, Capital Improvement Plan, as shown on page _______, as approved by
the BCC on November 13, 2007.
7. Letter
of Understanding, as shown on page _______, with the city of
8. Letter
of Understanding, as shown on page _______, with the city of
9. Letter
of Understanding, as shown on page _______, with the city of
10. Letters of Credit #F851936, as shown on page
_______, in the amount of $493,374.92 and #F851937 in the amount of $453,484.78
for Gerami property, respectively.
11. Letter from U Store It advising of address
change for all tax bills, notices, etc.
12. Flexible Benefits Plan documents, as shown on
page _______, as approved by the BCC on September 11, 2007.
13. Audit Report #2008-118 from the Auditor
General with regard to
14. W.O. #7, as shown on page _______, to
CC-1284-06/TLR.
15. W.O. #1, as shown on page _______, to
PS-1905-07/BLH.
16. Third Amendment, as shown on page _______, to
RFP-600006-06/GMG, with Ott Landscape Maintenance, Inc.
17. Contract #M-3253-08/DMR, as shown on page
_______, with Bowyer-Singleton & Associates, Inc.
18. C.O. #3, as shown on page _______, to
CC-2143-07.
19. W.O. #95, as shown on page _______, to
PS-5165-04/AJR.
20. W.O. #92, as shown on page _______, to
PS-5165-04/AJR.
21. W.O. #74, as shown on page _______, to
PS-5150-03/AJP.
22. Second Amendment, as shown on page _______, to
IFB-3121-05/GMG.
23. W.O. #23, as shown on page _______, to
PS-1074-06/TRJ.
24. Second Amendment, as shown on page _______, to
IFB-3129-05/GMG.
25. W.O. #93, as shown on page _______, to
PS-5165-04/AJR.
26. W.O. #16, as shown on page _______, to
PS-1501-06/JVP.
27. W.O. #4, as shown on page _______, to
PS-5173-04/AJR.
28. C.O. #1, as shown on page _______, to W.O. #17
to CC-1075-06/TJR.
29. Amendment #1, as shown on page _______, to
W.O. #12 to PS-1074-06/TRJ.
30. Close Out, as shown on page _______, for
CC-1075-06 W.O. #18.
31. W.O. #24, as shown on page _______, to
RFP-0225-05.
32. W.O. #7, as shown on page _______, to
PS-5185-05/AJR.
33. Amendment #1, as shown on page _______, to
W.O. #63 to PS-5150-03.
34. Contract #M-3164-08/VFT, as shown on page
_______, with PBS&J.
35. First Amendment, as shown on page _______, to
RFP-4232-04/TLR, Land Design Innovations.
36. First Amendment, as shown on page _______, to
RFP-4232-04/TLR, Calvin, Giordano & Assoc.
37. First Amendment, as shown on page _______, to
RFP-4232-04/TLR, Carter Burgess.
38. Contract #M-3165-08/VFT, as shown on page
_______, PBS&J.
39. W.O. #57, as shown on page _______, to
PS-5120-02/BJC.
40. W.O. #94, as shown on page _______, to
PS-5165-04/AJR.
41. W.O. #25, as shown on page _______, to
PS-1074-06/TRJ.
42. First Amendment, as shown on page _______, to
IFB-600108-06/TLR.
43. W.O. #6, as shown on page _______, to
M-485-05/PWM.
44. W.O. #24, as shown on page _______, to
PS-1074-06/TRJ.
45. C.O. #1 and #2, as shown on page _______, to
CC-2583-07.
46. Revenue Agreement, as shown on page _______, with
University of Florida Board of Trustees for the Florida Yards &
Neighborhood Program.
47. Title Opinion, as shown on page _______, for
the plat of
48. HUD/CDBG Subrecipient Agreement, as shown on
page _______, with the city of Sanford for Program Years 2007-2008 and
2008-2009, as approved by the BCC on July 24, 2007.
49. Contract for Sale & Purchase, as shown on
page _______, of Land for
50. Addendum #1, as shown on page _______, to
Astor Farms PUD.
51. Development Orders, as shown on page _______, for
Peter & Nita Sintzenich and Boni Guest House.
52. Revised & Restated Development Order, as
shown on page _______, for Golden Apple Enterprises, LLC, for the East Lake
Brantley Drive Rezoning, as approved by the BCC on November 13, 2007.
53. Development Order, as shown on page _______, for
Lorenzo Polk.
54. Customer Agreement, as shown on page _______, for
Reclaimed Water Rates for Hearthstone Multi-Asset Entity C for Savannah Park
Townhouses.
55. Conditional Utility Agreement, as shown on
page _______, for Potable & Reclaimed Water Service for Steel Curtain of
Central Florida, LLC, and Alaqua Group, LLLP for the Alaqua Country Club
Subdivision.
56. Conditional Utility Agreements, as shown on
page _______, with Matthew & Joanne Brown for
57. Bill of Sale and Letter of Acceptance, as
shown on page _______, for the water systems within
58. Bill of Sale, Utility Easement and Letter of
Acceptance, as shown on page _______, for water and sewer for the CFE Federal
Credit Union.
59. Copy of e-mail dated April 1, 2008 from Deputy
County Manager, Joe Forte, to Chief Deputy Clerk,
60. Copy of e-mail dated April 1, 2008 from Deputy
County Manager, Joe Forte, to Chief Deputy Clerk,
61. 2nd Amendment, as shown on page _______, to
IFB-3102-05.
62. Bids as follows: IFB-600301-07, PS-3065-08, PS-3018-08,
RFP-600254-07, RFP-2832-07, IFB-600324-08, and RFP-600637-08.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to approve and authorize the following:
Sheriff’s Office
26. Contributing $500.00 from the Law
Enforcement Trust Fund to the Florida Department of Law Enforcement's Missing
Children Clearing House Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan advised that the
city of
Upon inquiry by Chairman Carey,
Attorney McMillan said he will leave it to Dori DeBord, Planning Director, on
how her staff will handle the notification to the City.
Dori DeBord, Planning Director,
addressed the Board to state the staff will be aware as permits are issued and
will keep track of it in the Building Division.
Mr. McMillan distributed copies
(received and filed) of the Interlocal Agreement and asked for a motion to
execute same.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to
approve and authorize the Chairman to execute the First Amendment, as shown on
page _______, to the City of Longwood/Seminole County Interlocal Agreement
Relating to Joint Planning and the Annexation of Enclaves (Longwood Hills PUD).
Districts 1, 2, 3, 4 and 5
voted AYE.
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Chairman Carey recessed the
meeting at 10:20 a.m. and reconvened it at 10:30 a.m.
Chairman Carey acknowledged
four female students from a local high school in the audience and invited a
spokesperson to explain why they are attending the meeting this morning.
Stephanie Agnon,
Ms. Coto gave opening remarks
for Item #27, Approve
2008 Validation of the Water and Sewer Capital Improvement Program (CIP);
approve staff to continue to proceed with preparation for the 2nd Bond issue;
and provide direction to staff regarding the current development strategy for
Phase 2 of the Regional Surface Water Treatment Facility at
Chairman Carey stated the Board
would not want to have staff negotiating an arrangement that the Board has not
approved in advance.
John Cirello, Director of
Environmental Services, addressed the Board to state staff is seeking today to
update the Board on the CIP and progress made to date and provide an outline
for upcoming program activities. This is
a semi-annual program update. Staff had
scheduled to give an update in January this year but a number of events took
place relating to the current permit and application for Phase 1. They ended up receiving a technical staff
report on the permit and recommendation that it be granted. In February, staff prepared to come again and
ended up with a challenge to the permit.
He said staff is looking for approval and direction today on three
items: validation of the current CIP, the
second bond issue and the ability to go forward with that in terms of the
Board’s concurrence, and staff will be presenting to the Board the proposed
governance for the Yankee Lake Regional Surface Water Plant which is Phase 2,
and some of the things in terms of the concept proposed for governance for the
facility. He said the staff will not
bring any items outside the purview of the Board without first discussing and
getting the Board’s concurrence.
Dr. Cirello began the
PowerPoint presentation (copy received and filed) with the Introduction,
stating
Drew Jeter, CH2M Hill,
addressed the Board to continue the presentation with Program Management and
Program Controls.
Commissioner Henley asked if
they will be able to stay within the budget to accomplish all they have laid
out.
Mr. Jeter said the CIP is on
budget now with that being the baseline budget of $332 million for the CIP through
2011. He further advised Chairman Carey
that there were some additional requirements that were taken care of that were
not originally envisioned. He said they
are getting a good value for the dollar.
Commissioner Dallari asked,
with the P.O.’s, how fast are they going through the paper work when they
establish there is a need.
Mr. Jeter stated the schedule
now allows for 100 business days between design completion and execution of the
construction contract, but they have been increasing the coordination with the
Purchasing and Contracts Division.
Dr. Cirello said he is hoping
to get that streamlined to 60 days.
Mr. Jeter continued with
discussion of Program Communication, Design Management and Construction
Management.
Upon inquiry by Chairman Carey,
Mr. Jeter advised that 17 projects have been completed.
Mr. Jeter continued the
presentation with discussion of Residential Reclaimed Retrofit Phase I; the
Outlook; and Outlook, 2nd Bond Issue Projects.
Dennis Westrick, Environmental
Services PEI, addressed the Board to continue the presentation with discussion
of Revalidation/Reprioritization and Major Steps.
Chairman Carey asked about
ozone treatment as an alternative to chlorine and if it is more cost
effective. Also, she asked why switch
now at a $35 million cost from a system they have been using for many years.
Dr. Cirello explained that the
Environmental Protection Agency (EPA) has clamped down on the chlorine
by-products that have been shown to have negative effects to humans. The effort is to try to reduce the levels of
chlorine by-products.
Upon inquiry by Commissioner
Dallari, Dr. Cirello said the ozone treatment will have different maintenance
than chlorine and that is in the budget.
He further advised Chairman Carey that the cost is more expensive to go
to ozone, but as a result of new regulations coming out, they will be forced soon
into using the ozone treatment.
Chairman Carey said she would
like to have discussions with staff in a separate briefing about chlorine vs.
ozone treatment. She asked Dr. Cirello
to prepare to brief those Board members who are interested, and she is
interested in such a briefing.
Mr. Westrick continued with
discussion of Major Steps on Consolidated Groundwater CUP Status.
Chairman Carey noted for the
Record that the actual PowerPoint presentation is a little different from the
information packet provided in the agenda.
Mr. Westrick reviewed the Revalidation
Results and Updated CIP Funding Drivers.
Bob Briggs, Environmental
Services Business Office, addressed the Board to continue the presentation with
discussion on the 2nd Bond Issue.
Dr. Cirello advised Chairman
Carey that it is coming from EPA that the County will be limited on what kind
of chlorine they will be able to use.
Chairman Carey said she would like to hear the rules that would trigger
the County to make that change. She
asked staff to include that information in their briefing.
Mr. Briggs continued his presentation.
Commissioner Henley asked what
affect will withdrawing from the
Mr. Jeter said the delay does not
fundamentally change the five-year CIP requirements. Regardless of how many months it takes for the
surface water plant to be approved, that remains part of the plan.
Commissioner Dallari asked if
they do not get permission to draw from the St. Johns, are there any projects
into place presently that would not be utilized because of that, or are the
others stand-alone projects.
Dr. Cirello stated the others
are stand-alone projects; they don’t need the surface water plant to be
operational for the other projects.
Commissioner Dallari explained
the Board doesn’t want to put in infrastructure that would be just sitting
there. Chairman Carey added that if they
are building infrastructure that needs surface water, that is something the
Board doesn’t want to put into place until they know they have the water to
charge it with.
Dr. Cirello stated they are not
doing that.
Commissioner Henley asked if
they don’t get the permits they’re requesting, how much of the second phase are
they in need to sell the bonds for. Dr.
Cirello stated they have other projects that will go in place.
Dr. Cirello continued the
presentation with review of Phase II, Yankee Lake Regional Surface Water
Treatment Facility Project Objectives; Project Location; Current and Future
Site Plans; Project Status; Project Development to Date; and Yankee Lake
Regional Development and Review Team.
Under discussion, Chairman
Carey asked how a contract could be drafted without knowing what the BCC would
accept as a contract.
Mr. McMillan stated staff has
not done any work on the contract and had hoped to bring that discussion at
this meeting. He said he will have Mr.
Minter of his office prepare a memo to the Commissioners individually, and staff
will review the issues that have been addressed in the meetings and assure the
Commissioners have an understanding of what those issues are. He said it had been the plan to brief the
partners and as consensus is reached, staff would draft specific language. At this point, he thinks it would be well to
get a memorandum on the 10 major issues, on what has been discussed and what
the concept is; and get a consensus from the Board on whether they wish to
proceed along those lines.
Chairman Carey stated she
thinks it is important “not to get the cart before the horse.” She doesn’t want the partners to brief their
officials on something that may not come the way they think.
Dr. Cirello continued with
review of the Proposed Deal Structure; Proposed Governance and Partnership.
Commissioner Henley discussed
with Dr. Cirello what oversight means and discussed conflict resolution.
Chairman Carey said she had
questions with Dr. Cirello on a separate operating board. She understands that the Board of County Commissioners
would have the final say. If there
became a conflict, the way they would resolve it would be through the Florida
Statutes mediation. Whereupon,
Commissioner Henley said he wants to make sure they have a clear understanding
of the conflict/dispute resolution.
Mr. McMillan stated this is all
his staff will be bringing forward and getting clarification on.
Chairman Carey stated she wants
those deal points to come back to the BCC and the sooner, the better.
Dr. Cirello said staff expects
to come back to the Board individually and jointly with the deal points for
consideration of approval or disapproval.
Commissioner Dallari stated
three cities have not given a letter of intent.
He asked if staff has anything in writing that the cities are not
interested. He said staff needs to get
something that acknowledges the cities don’t want to be involved. He explained he wants to make sure all
elected officials are aware of what is on the table and the information has
been given to everyone so they can’t say later they weren’t informed and didn’t
know. He advised Ms. Coto that the
County needs something signed by an authority from those cities.
Chairman Carey said she thinks
it has to be a letter directly from the BCC to the elected officials.
Dr. Cirello reviewed the
Non-Binding Letter of Intent as of April, 2008.
Eric Rothstein addressed the
Board to continue the PowerPoint presentation with review of the following slides:
Project Development will Convey
Significant Benefits to Seminole; Project Development Risks and Risk Mitigation
Strategies; Seminole County Contributions Provide Basis for Returns and Fees;
Return and Fee Impacts; and Regional Leadership.
Dr. Cirello discussed Phase 2
Next Steps. He said he is not asking for
the Board’s approval at this point on governance but want confirmation that
staff is on the right road of progressing forward.
Ms. Coto concluded that the
Board heard the CIP update. Staff will
provide the Board with additional information that will require a consensus
that staff is moving in the right direction.
On the bond issue, staff will continue to work on development of that, but
won’t take it further until they have a better understanding of what the financial
forecast looks like.
Chairman Carey said she is also
hearing that none of the infrastructure depends on surface water.
Ms. Coto said, as to the
Regional Facility, the
Chairman Carey said also the
Board will have a briefing on the ozone treatment, and she and Ms. Coto will
work on a letter to go to the elected officials who have decided not to sign a
letter of intent at this time.
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Chairman
Carey recessed the meeting at 12 noon, reconvening at 1:33 p.m.,
this same date with all Commissioners and all other Officials, with the
exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Sandy
McCann, who were present in the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner McLean, seconded by Commissioner Dallari to authorize the
filing of the proofs of publication for this meeting’s scheduled public
hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
APPEAL AGAINST THE BOA,
ADAM LANDA
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Appeal against the Board
of Adjustment’s decision for property located at 3039 Cecilia Drive as
follows: (1) Denial of a side yard
(east) setback variance from 10 feet to 5 feet for the expansion of an existing
single-family home; and (2) Approval of a side yard (west) setback variance
from 10 feet to 6 feet for the expansion of an existing garage in R-1AA, by
denying the first variance request and approving the second variance request,
Adam Landa, received and filed.
Planner, Joy Williams, addressed the Board
to present the request, advising the staff received two requests for appeal of
the Board of Adjustment. The applicant
and appellant, Adam Landa, has appealed the decision to deny a side yard (east)
setback from 10 feet to 5 feet for the expansion of an existing single family home;
and Don Love, 3056 Cecelia Drive, has appealed the decision to approve a side
yard setback (west) variance from 10 feet to 5 feet for the expansion of an
existing detached garage.
Appellant, Adam Landa, addressed the Board
to display a drawing (received & filed) of the proposed addition to his
house and garage and an aerial photograph (received & filed) of his house
and surrounding property, stating he is proposing to go from a two-car garage
to a three-car garage on the west side of his property. On the east side of the property, he said he
is proposing the addition to the house and is trying to keep some light in the
house, therefore, he is pushing the construction out toward the lot line. He displayed pictures (received & filed)
of his view from his kitchen and porch, stating the boat dock on the lot next
door has a lot of boat launching traffic, people fishing and picnicing. That is why he is trying to move his living
space to the other side of his property.
He stated that other lots in the area have been granted variances and
because of his irregularly-shaped lot, he feels his request should be
granted.
Discussion ensued between the Board and
Shirley Haynes,
Upon inquiry by the Chairman, Ms. Haynes
advised when she moved there in 1953, there was a small house on the property
with a garage. In 1982, the owners
renovated the house.
Ken Plate,
Richard Hagen,
Upon inquiry by Commissioner Henley, Mr.
Landa advised he purchased his property in September of 2006. He further advised that he and his wife came
down from
Commissioner Henley explained that there
are requirements for granting variances and one of them is finding a
hardship.
Mr. Landa stated he feels the shape of his
lot is irregular and, therefore, the variances should be granted. No
one else spoke in support or in opposition.
Speaker Request Forms were received and
filed.
District Commissioner Van Der Weide stated
he does not see a hardship on either requested variance. He further stated that if the Board of
Adjustment had been appealed when they granted the variance on the other side
of Mr. Hagen’s property, he would have recommended denial on that one too.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean to uphold the decision
of the Board of Adjustment in denying a side yard (east) setback variance from
10 feet to 5 feet for the expansion of an existing single-family home; and
reverse the decision of the Board of Adjustment in approving a side yard (west)
setback variance from 10 feet to 6 feet for the expansion of an existing garage
in an R-1AA district for property located at 3039 Cecelia Drive, as described
in the proof of publication, Adam Landa, Decision of Appeal, as shown on page
_________.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST TO REZONE FROM A-1
TO PCD, JACK REYNOLDS
Proof of publication, as shown on page
_______, calling for a public hearing to consider a request to rezone from A-1
(Agriculture) to PCD (Planned Commercial Development) for 1.9 acres, located
1000 feet west of the intersection of
Planner, Ian Sikonia, addressed the Board
to present the request, advising the proposed Preliminary Site Plan shows a
total of 17,568 square feet, divided between four buildings. The intended office uses are limited to 5,920
square feet and the warehouse uses are limited to 11,648 square feet. The property is located in an area
transitioning from large single-family home lots to commercial and industrial
employment centers. He further advised
the P & Z Commission unanimously voted to recommend approval; and staff
also recommends approval of the rezoning and plan.
Jack Reynolds, applicant, addressed the
Board to state he agrees with the staff comments and the stipulations in the
D.O.
Development Review Manager, Larry Poliner,
addressed the Board to clarify the staff is requiring the applicant to put in a
sidewalk along the property’s frontage.
Also, there are downstream flooding issues that will need to be taken
care of.
Mr. Reynolds stated the initial staff
report stated that no sidewalks would be needed; however, they will install
them.
No one else spoke in support or in
opposition.
Motion
by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance
#2008-17, as shown on page _______, granting rezoning from A-1 (Agriculture) to
PCD (Planned Commercial Development) for 1.9 acres, located 1000 feet west of
the intersection of Mikler Road and SR 426, as described in the proof of
publication, and approve the Preliminary Site Plan for same, subject to the
conditions in the Development Order, as shown on page _______, per staff
findings, Jack Reynolds.
Districts 1, 2, 3, 4 and 5 voted AYE.
REZONE FROM PUD TO PUD, JACK REYNOLDS
Proof of publication, as shown on page
_______, calling for a public hearing to consider a request for a Small Scale
Land Use Amendment from PD (Planned Development) to PD (Planned Development)
and rezoning from PUD (Planned Unit Development) to PUD (Planned Unit
Development) on approximately 0.62 acres, located 300 feet south of the
intersection of Sand Lake Road and Line Drive, Jack Reynolds, received and
filed.
Planner, Ian Sikonia, presented the
request, giving the history of the parcel and advising the rezoning will allow
all permitted uses within the OP zoning district. He further advised the applicant is
requesting a waiver from the Active/Passive Buffer Setback Design Standards
along the south property line. The
adjacent property is Medium Density Residential, which requires the standards;
and, the requirements for the active property line are a 25-foot landscape
buffer and a 50-foot building setback.
Although, the adjacent property has a residential future land use
designation, it is zoned RP and is developed with an office building. The applicant is requesting a 10-foot side
setback and a 5-foot landscape buffer in lieu of the active buffer. Staff finds the requested buffer and setback
sufficient due to the RP zoning and the office building adjacent to the subject
property. He stated the P & Z
Commission unanimously recommended approval of the amendment and rezoning; and
staff also recommends approval.
Jack Reynolds, applicant, stated he agrees
with the staff comments and the conditions in the D.O.
No one else spoke in support or in
opposition.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt
Ordinance #2008-18, as shown on page _______, approving Small Scale Land Use
Amendment from PD (Planned Development) to PD (Planned Development); to adopt
Ordinance #2008-19, as shown on page _______, granting rezoning from PUD
(Planned Unit Development) to PUD (Planned Unit Development); and to approve
the Preliminary Master Plan and Development Order, as shown on page _______, on
approximately 0.62 acres, located 300 feet south of the intersection for Sand
Lake Road and Line Drive, as described in the proof of publication; Jack Reynolds.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATAIVE UPDATE
Chairman Carey requested staff provide her
with a copy of this bill.
Ms. Dietrich advised that HB991, transit
tax bill, has not moved since April 10, as it was delayed for the commuter rail
funding.
The Chairman stated it is her understanding
that if the commuter rail funding is approved, the car rental tax bill will not
go anywhere. Discussion ensued.
CHAIRMAN’S REPORT
Chairman Carey advised of two new flights
starting in June that will be running out of
COMMUNICATIONS
AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Copy
of letter dated
2. Copy
of Order dated
3. Letter
dated
4. Copies
of letters dated
5. Letter
dated
6. Letter
dated
7. Notice
of Public Hearing from the City of
8. Parks
Contracts for Services, as shown on page _______, for Jane Koubek and Paul
Bell.
9. Letter
dated
DISTRICT COMMISSIONERS’
REPORTS
Commissioner Carey requested adoption of
resolutions of appreciation for Brian Overby and Greg Kern.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt
appropriate Resolution #2008-R-104, as shown on page _______, in appreciation
to Brian Overby; and to adopt Resolution #2008-R-105, as shown on page _______,
in appreciation to Greg Kern for their service on the MPO Citizens Advisory
Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Carey requested adoption of
resolution of appreciation for Bill Schaffer.
Motion
by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate
Resolution #2008-R-106, as shown on page _______, in appreciation to Bill
Schaffer for services on the Animal Control Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Carey advised that on April 18
she presented the Grand Prize to the Mosquito Control Poster Contest Winner at
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Commissioner Carey reported she
participated in the dedication of the Historical Marker at the
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Commissioner Carey announced that today is
Earth Day; and presented each Commissioner with a Purple Coneflower (Echinacea)
advising the plant attracts butterflies and birds and is highly drought
tolerant.
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Commissioner Carey reminded the
Commissioners that the Geneva Law Enforcement Memorial dedication is scheduled
today at 5:00 p.m. at the
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Commissioner McLean stated he traveled to
Chairman Carey questioned if Commissioner
McLean had any travel expenses for that trip.
Whereupon, Commissioner McLean advised he will be bringing those to the
Board for consideration.
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Commissioner McLean advised the American
Cancer Relay for Life in
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Commissioner McLean reported that he judged
the speech contest for the 4-H Club recently.
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Commissioner Van Der Weide requested
consensus for the
Ms. Coto advised the request for the
fund-raiser is on her desk and she has the authority to approve it.
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Commissioner Van Der Weide advised Baskin
Robbins will be doing “31 cent scoop night,” a fund-raiser for the Hero’s
Memorial on April 30, 2008 at the
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Upon inquiry by Commissioner Dallari,
Planning & Development Director, Dori Debord, addressed the Board to advise
staff has completed a scope of work for the Carillon Small Area Study and sent
it out to the consultant. They are
awaiting a reply with regard to pricing.
Commissioner Dallari stated he has a couple
of items to add to the study.
Ms. Debord stated staff should have an
answer from the consultant back to the Board at their next BCC meeting.
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Commissioner Dallari suggested Ms. Coto
look at the purchase order issue with the Water & Sewer CIP. Whereupon, Ms. Coto advised she is already
working on same along with other efficiency issues.
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Commissioner Henley reported that the
Casselberry Mayor has sent a letter advising that the City Commissioner voicing
objections to the proposed Hwy. 17-92/SR 436 Flyover was acting on his
own.
Discussion ensued with regard to the
proposal to suspend the gas tax from Memorial Day to Labor Day. Commissioner Henley advised that
approximately $361 million of tax funds will be lost state-wide and approximately
12,000 jobs.
Chairman Carey asked staff to contact the
County’s Federal lobbyist with regard to same so that this can be
monitored.
ITEMS FOR FUTURE AGENDA
Robert King,
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There being no further business to come
before the Board, the Chairman adjourned the meeting at 3:10 p.m., this same
date.
ATTEST:________________________Clerk_______________________Chairman
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