BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
APRIL 28, 2009
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, April 28, 2009, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Bob Dallari (District 1)
Vice Chairman Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Circuit Court Maryanne Morse (late)
Deputy County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Absent: Cindy Coto, County Manager
Chairman Dallari introduced Joe Forte, Deputy County Manager, and he stated Mr. Forte will be sitting in for County Manager Cindy Coto, who is ill.
Clerk of Court Maryanne Morse entered the meeting at this time.
Father Ben Berinti, San Pedro Center, Winter Park, gave the Invocation.
Students from the Orangewood Christian School led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner McLean, seconded by Commissioner Carey to adopt appropriate Resolution #2009-R-73, as shown on page _________, proclaiming the week of May 3 through May 9, 2009 as North American Occupational Safety and Health Week (NAOSH), and May 6, 2009, as Occupational Safety and Health Professional Day.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Steve Ungaro who addressed the Board to express his appreciation. He stated the American Society of Safety Engineers (ASSE) was founded in 1911 and is the oldest and largest professional safety organization. He added in 2002 the ASSE joined with the Canadian Society of Safety Engineering to raise public awareness of occupational safety and health and the environment in North America during NAOSH week. Several organizations representing thousands of businesses have partnered with ASSE to support NAOSH week including U.S. Federal agencies, such as OSHA, to reach millions of people around the globe on the importance of being safe at work. ASSE, OSHA and other partners develop and implement activities throughout North America to promote NAOSH week. He reviewed some of the activities and events that they have held throughout the nation.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-74, as shown on page ________, proclaiming the week of May 3 through May 9, 2009 as National County Government Week.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Brian Nipe, Greenway and Natural Lands Manager, who addressed the Board to express his appreciation.
Motion by Commissioner Carey, seconded by Commissioner McLean to adopt appropriate Resolution #2009-R-75, as shown on page _________, proclaiming the week of May 6 through May 12, 2009, as National Nurses Week, honoring all registered nurses in Seminole County who care for all of us, and celebrating registered nurses’ accomplishments and efforts to improve our healthcare system.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Chief Nurse Angela Lambert, Central Florida Regional Hospital (CFRH), who addressed the Board to express her appreciation on behalf of CFRH and all nurses.
Gary Johnson, Public Works Director, addressed the Board to introduce Dr. Martin Wanielista, UCF, and to show a video on some of the things that are being done with regard to stormwater management.
Robert McMillan, County Attorney, left the meeting at this time.
Dr. Martin Wanielista, Professor of Engineering, University of Central Florida, addressed the Board to submit a brochure relating to the Stormwater Management Academy and a rubber ball in the shape of water (both received and filed). He stated his interest, as a professor, is to look at some waste products to see if they can be used in a beneficial way particularly removing pollutants from a waste stream. Each year about 18 million tires are discarded and recycled, and there is a potential market for these tires if they are properly manufactured. He displayed samples (not received and filed) of tires that were grounded up into coffee grain size. He stated those particles are 85% carbon black and is used for beneficial purposes. UCF is fortunate in having the expertise of the Public Works Department behind them in building these projects. They have reduced the levels of phosphorous beneath the target levels required for Lake Jesup by using this filter. He said they are trying to reuse the stormwater in some way and utilities are sometimes set up to reuse this water. By improving the water quality, it makes this water available for irrigation purposes or it replaces potable water that is used for irrigation purposes. They can save money and reduce the cost to the homeowner by replacing the potable water for irrigation with a non-potable source. They have started with five different pollution control efforts in conjunction with this project. Two of those efforts dealt with wastewater and another dealt with septic tanks and drain fields. He said the lab work has proven that they can reduce the nitrogen levels from septic tank effluence by using a passive source (black and gold). They have continued to demonstrate this on a field site at UCF on a continuing basis as well as in the Indiatlantic with a home that was built there. Dr. Wanielista stated the septic tank is one of the ways to reduce the nitrogen content down below acceptable levels. They have also used the tire crumb with green roofs in the enviro home and other places. The results of the research have shown them that they have some solutions which are very cost affordable for the future. The Public Works Department and others within the County have been very influential in driving this solution and making it available to the rest of the citizens of Florida.
Upon inquiry by Commissioner Henley, Dr. Wanielista advised the State of Florida is aware of the results of this study. The State Dept. of Health helped them with the septic tank sites.
Upon inquiry by Commissioner Carey, Dr. Wanielista advised they have four different septic tanks and drain fields, one is a citrus grove system, one is the construction sand system, another is the black and gold nugget system, and the last one is the flow pad system.
Commissioner Carey asked Dr. Wanielista if he has looked at doing traditional septic tank systems and lining the drain fields, such as in the Wekiva Basin, with some of the fields to see what the outcome would be.
Dr. Wanielista explained the reason why they did not pursue that avenue.
Commissioner Carey stated she is curious why the Dept. of Health is not taking this study seriously and looking at that as an alternative for someone wanting to replace their drain field.
Dr. Wanielista stated the rules call for proof of performance, which means if the system fails, they have the option of going to an existing central sewer. UCF has the ability to do the experimentation with the central sewer in case the system fails. They are required to have a year’s worth of data and it must be accepted by a certified lab.
Upon inquiry by Commissioner Carey, Dr. Wanielista advised they have been trying to get the pervious pavements as well as plexi-pavement approved as a credit towards stormwater management and they are almost there. He said he feels they would have been there now if the economic downturn had not occurred.
Upon inquiry by Commissioner Henley, Dr. Wanielista advised the results of the work he is doing is very widespread. He stated the technical and scientific literatures have been getting excellent exposure.
Commissioner Carey stated Seminole, Orange and Lake Counties are concerned about the impacts of what is going on with the DOH rule. She encouraged Dr. Wanielista to talk to Orange County about making a presentation to them.
Upon inquiry by Chairman Dallari, Dr. Wanielista advised the septic tank drain fields will be half the cost and there is zero maintenance.
Chairman Dallari recessed the BCC meeting at 10:15 a.m. for the purpose of convening the U.S. Highway 17-92 Community Redevelopment Agency (CRA) meeting.
CRA AND DEMETREE CHIROPRACTIC
John Metsopoulos, Community Redevelopment Agency, addressed the Board to present request to approve the U.S. 17-92 CRA Mini-Grant Agreement between the CRA and Demetree Chiropractic; and a resolution implementing a Budget Amendment Request through the Community Redevelopment Fund in the amount of $2,950.
Upon inquiry by Commissioner Henley, Mr. Metsopoulos advised he doesn’t have a listing from the various jurisdictions in the CRA of nonconforming signs.
Commissioner Henley stated he would like to get a listing from each of the jurisdictions so they will know what the potential is along those lines.
Commissioner Carey stated she believes the city of Sanford adopted a sign policy outlawing any sign that wasn’t a monument sign and gave them a specific time to fix the sign.
Motion by Commissioner Carey, seconded by Commissioner McLean to authorize the Chairman to execute the U.S. 17-92 CRA Mini-Grant Agreement between the CRA and Demetree Chiropractic; and adopt appropriate Resolution #2009-R-76, as shown on page _________, implementing a Budget Amendment Request through the Community Redevelopment Fund in the amount of $2,950.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the CRA meeting at 10:20 a.m., reconvening the BCC meeting at 10:25 a.m., with Clerk of Court Maryanne Morse entering the meeting late.
COUNTY MANAGER’S CONSENT AGENDA
Joe Forte, Deputy County Manager, addressed the Board to advise of an add-on (5A), Approve reimbursement mileage expenses for Commissioner McLean’s trip to Tallahassee. He stated staff distributed a letter of opposition for Item #33, Buck Creek Plantation Small Scale Land Use Amendment and Rezone, and the report for Item #38, FY 2008/09 Mid-Year Budget Amendment Resolution was distributed last week. He added he received a request this morning from the applicant for Item #36, Markham Woods Road Rezone, requesting a continuance to the June 9 meeting.
Maryanne Morse, Clerk of Court, entered the meeting at this time.
At the request of Commissioner Carey, Robert McMillan, County Attorney, addressed the Board to review the policy the Board adopted relating to receiving requests from applicants wanting to continue items at the eleventh hour. He stated the request had to be made in writing by noon the day before a public hearing.
Upon inquiry by Chairman Dallari, Mr. Forte advised he received an e-mail yesterday at 4:30 p.m.
Upon inquiry by Commissioner Carey, Dori DeBord, Planning and Development Director, addressed the Board to advise there was no detail in the e-mail why they were asking for a continuance.
District Commissioner Carey stated she has had several calls and e-mails about this item, and it is on the agenda for this afternoon and she doesn’t know how they can notify everyone in time at this late date. She stated based on the policy of not receiving the notice in a timely manner, she would suggest moving forward with the item.
Chairman Dallari stated the Board does have a policy and they do not have a valid reason for the continuance, therefore, he would instruct staff to notify the applicant that they must be prepared to present the item this afternoon.
Commissioner Carey requested that Item #9, Award RFP-600587-09, and Item #16, Approve Budget Amendment Request #09-45, be pulled for a separate vote.
Chairman Dallari requested that Item #6, Approve negotiated rates and award PS-4053-08, be pulled for a separate vote.
Upon inquiry by Commissioner Henley, Mr. Forte advised no personnel is involved in Item #13, Approval to submit grant application to the Substance Abuse and Mental Health Services Administration.
Motion by Commissioner Carey, seconded by Commissioner McLean to authorize and approve the following:
County Manager’s Office
5A. Approval by the Board of County Commissioners to reimburse mileage expenses in the amount of $338.14 for Commissioner Mike McLean’s trip to Tallahassee to testify at the Transportation and Economic Development Committee regarding SunRail.
Purchasing and Contracts
7. Award CC-4259-09/DRR, as shown on page ________, Reclaimed Retrofit Phase II - Alaqua Lakes in the amount of $2,999,560.00 to Cathcart Contracting Company of Winter Springs, Florida.
8. Award IFB-600592-09/GMG Term Contract, as shown on page _________, for Supply & Service of Controllers, Cabinets with Ethernet & Miscellaneous Appurtenances & Components to Naztec, Inc., Sugar Land, Texas.
10. Authorize the Chairman to execute the Visiting Nurse Association of Central Florida, Inc. Assignment of Agreement, as shown on page ________, which permits the Visiting Nurse Association of Central Florida, Inc., to assign the Agreement to Seniors First, Inc., due to the entities' merger.
11. Approve the release of the original Water & Sewer Cash Maintenance Bond with Escrow Agreement in the amount of $1,600.00 for the project known as Nolan Rd. Extension.
Solid Waste Management
12. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page ________, for Great Lakes Electronics/Almet, Inc.
13. Approval to submit a grant application to the Substance Abuse and Mental Health Services Administration requesting up to $900,000.00 in funding through their Adult Treatment Drug Court Program; and authorize the County Manager to execute supporting documents as may be required for the application.
14. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-77, as shown on page _________, implementing Budget Amendment Request (BAR) #09-42 through the Stormwater Fund and the Public Works Grant Funds in the amount of $57,651.00 in order to segregate the funding of previously established grant funded projects.
15. Approve and authorize the Chairman to execute appropriate Resolution #2009-R-78, as shown on page _________, implementing Budget Amendment Request (BAR) #09-43 through the Natural Lands/Trails Fund and the Public Works Grant Fund in the amount of $178,796.00 to establish grant funding and to increase the match funding for the Big Tree Park Trailhead project.
17. Approve and authorize the Chairman to execute Budget Change Request (BCR) #09-09 through the Stormwater Fund in the amount of $52,790.00 in order to establish and fund the Lake Jesup Water Quality Model project.
18. Approval of appropriate Resolution #2009-R-80, as shown on page _________, establishing the 2009 assessment rates for each MSBU for which the annual assessment rate varies per budgeted operating cost.
Planning and Development
19. Approve and authorize the Chairman to execute the minor plat for Bowles Estates Subdivision located west of Bear Lake Road at 5960 Jessica Drive in Section 19, Township 21S, Range 29E, Bryant & Kimberly Bowles.
20. Approve and authorize the Chairman to execute an Agreement, as shown on page _________, between Seminole County, Kids House of Seminole, Inc. and Meals on Wheels, Etc., Inc. to provide emergency child care and food service for children of Seminole County employees.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve the negotiated rates and award PS-4053-08/RTB, Architectural and Engineering Services for Seminole County Fire Stations, to C.T. HSU and Associates, P.A., of Orlando, Florida (Estimated Usage Amount of $500,000.00 over the term of the Agreement), was presented.
At the request of Chairman Dallari, Frank Raymond, Administrative Services Director, addressed the Board to review and discuss the estimated cost of the prototype for architectural services.
Chairman Dallari stated his goal is not to spend the full $500,000. In this case, staff would have the ability to approve work orders without coming back to the Board up to $500,000.
Ray Hooper, Purchasing Manager, addressed the Board to state the $500,000 is an estimated amount and each of the work orders will be negotiated within certain parameters.
Chairman Dallari stated he wants to make sure the Board understands what they are paying for services and they are involved in the loop of what those services are. He said he is not comfortable approving a prototype at 20%.
Commissioner Carey stated the rates are lower in the market now and 10% would be at the high end of a 10,000 sq. ft. job. She stated she would be inclined to reduce that amount.
Chairman Dallari stated he would like to continue this item so staff can review and bring it back to the Board.
Mr. Raymond stated the only issue he has is going forward with the project.
Chairman Dallari stated he has no problem going forward with the project, but he doesn’t feel comfortable giving a blank check with the 20% design fee when it is indicated that it should be 10%.
Mr. Hooper stated the estimated amount is for a management tool of the master agreement. He stated if there were three work orders consisting of $200,000, the first and second one would be authorized by staff in accordance with the Code. The third one would never be issued. If they get close to that amount, they would bring it back to the Board to revise the estimated amount.
Commissioner Carey stated this Board has discussed moving forward with two fire stations. If one is designed as a prototype and the other one only needs site changes, then they don’t have to redesign the architectural structure of the building. That means the second fee should be greatly reduced.
Mr. Raymond stated this was done as a master agreement to avoid having to come back over and over again. If the Board isn’t comfortable with that, he would suggest instead of postponing the master agreement that staff come back with a work order so that they will have an actual price.
Commissioner Carey stated she feels it would be appropriate for the Board to approve the master agreement with the understanding that the Board is going to see the work orders.
Mr. McMillan stated if the Board requires the work orders to come back to them, then that resolves the issue.
Chairman Dallari stated he has no problem with the work orders coming back to the Board for approval.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve the negotiated rates and award PS-4053-08/RTB, Architectural and Engineering Services Agreement, as shown on page ________, for Seminole County Fire Stations to C.T. HSU and Associates, P.A., of Orlando, Florida (Estimated Usage Amount of $500,000.00 over the term of the Agreement), with the understanding that all work orders will come back to the Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to Award RFP-600587-09/BJC Term Contract for Irrigation System Evaluation Services to Clear Water Products and Services, Inc., Winter Springs, was presented.
Debbie Meinert, Environmental Services, explained for Commissioner Carey the reasons why they did not go with the low bidder.
Commissioner Carey stated she has someone that comes out and services her irrigation system, and he cannot qualify for some of the certifications because he is self-employed and is not working for someone who is. She stated the County is paying $269 an hour for someone to do these inspections and she does not think that is a good use of their tax dollars. She said she would much rather pay for education than to pay this kind of money for this type of project.
Commissioner Henley stated he would like to know if it is necessary to use certified people to service the irrigation system. He stated he has repaired his system numerous times and he doesn’t see what is so complicated about this that they have to go through certification.
Ms. Meinert stated she doesn’t know if the SJRWMD requires certified people or people with experience, but she believes they look highly favorable on it.
Upon inquiry by Chairman Dallari, Ms. Meinert advised the homeowners are requesting the inspections.
Commissioner Carey stated at some point the homeowners have to be responsible for their own irrigation, and it is not the responsibility of the County to pay for repairs. She stated in her opinion, they are going over the top when they get into some of these programs. Discussion ensued relative to the evaluation process of the RFP and if a bidder is disqualified.
The consensus of the Board was to continue Item #9, Award RFP-600587-09 Term Contract for Irrigation System Evaluation Services to Clear Water Products and Services, Inc., Winter Springs. Chairman Dallari requested that Mr. Forte contact each Board member to see what additional questions they have and then have staff work with them before it comes back to the Board.
Request to approve and authorize the Chairman to execute appropriate Resolution implementing Budget Amendment Request (BAR) #09-45 through the Natural Lands/Trails Bond fund in the amount of $250,923.00 in order to fund the Wilson's Landing Improvement Project, was presented.
Commissioner Carey stated Wilson’s Landing is kind of a diamond in the rough and she just wanted a separate vote for same because she doesn’t support this action.
Motion by Commissioner McLean, seconded by Commissioner Henley to approve and authorize the Chairman to execute appropriate Resolution #2009-R-79, as shown on page _________, implementing Budget Amendment Request (BAR) #09-45 through the Natural Lands/Trails Bond fund in the amount of $250,923.00 in order to fund the Wilson's Landing Improvement Project.
Districts 1, 2, 3, and 4 voted AYE.
Commissioner Carey voted NAY.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve the following:
21. Approval of a proposed settlement with the property owners, Stephen G. Kohler and Douglas C. Lee, and with tenants Turfmaster Lawn & Ornamental Care, Inc. and Control Pest Management, LLC, relating to Parcel Numbers 112/712 and 113/713 on the County Road 15 road improvement project. Mr. Kohler and Mr. Lee are co-owners of Turfmaster Lawn & Ornamental Care, Inc., which is a commercial landscaping spray business on the site and which claimed business damages. The proposed settlement is at $489,812.20 for full settlement, jointly and severally, of all claims for compensation from Seminole County including the value of the land and improvements taken, severance damages, business damages and other damages, statutory interest, attorney fees, and cost reimbursements.
22. Approval of a mediated settlement with the property owner, Garth A. Schweizer, individually and as member manager of Monroe Road, LLC, and with Anthologia, Inc., d/b/a Garth A. Schweizer, Landscape Architect, relating to Parcel Numbers 128/728A/728B/728C on the County Road 15 road improvement project. Mr. Schweizer's Trust is the President of Anthologia, Inc., which operates a commercial landscape architecture business on the site and claimed business damages. The mediated settlement proposed is at $1,189,926.14 for full settlement, jointly and severally, of all claims for compensation from Seminole County including the value of the land and improvements taken, severance damages, statutory interest, business damages, attorney fees and cost reimbursements.
23. Southland Construction, Inc. v. State of Florida Department of Transportation v. Seminole County and Progress Energy - This litigation arose from a road widening and reconstruction project on State Road 434 from McCulloch Road to Mitchell Hammock Road. Southland Construction, Inc. was the general contractor on the job. Seminole’s involvement arose from its Joint Project Agreement for Utility Work with FDOT. Acceptance of the proposed mediated settlement approves Seminole County’s payment of $135,000.00 as its fractional share of a total settlement of $350,000.00 to settle the breach of contract action that Southland Construction, Inc., filed against the State of Florida Department of Transportation. The FDOT, in turn, had filed third-party claims against Seminole County and Progress Energy, alleging that Seminole and Progress had breached their contractual agreement to "defend and indemnify" FDOT as to portions of Southland’s claims that related to their respective utility portions of the work.
24. Authorize Chairman to execute Chapman Road Subordination of Utility Interest Agreement, as shown on page _________, (Parcel Numbers 104, 107, 123, 145, 145A, 146, and 823) between Seminole County and Progress Energy Florida, Inc., in conjunction with the Chapman Road improvement project.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve the following:
25. Expenditure Approval Lists, as shown on page _________, dated March 30 and April 6, 2009; and Payroll Approval List, as shown on page ___________, dated April 2, 2009; BCC minutes dated 3/24/2009; and noting, for information only, the following Clerk’s received and filed:
1. Amendment #1, as shown on page ________, to Work Order #25 for PS-5190-05.
2. Closeout of CC-2167-07, as shown on page _______.
3. Work Order #49, as shown on page ________, to PS-1529-06.
4. Work Orders #6 and #7, as shown on page ________, to PS-2564-07.
5. Closeout of CC-2822-07, as shown on page ________.
6. Amendment #4, as shown on page ________, to IFB-3110-05 Term Contract with Chinchor Electric, Inc.
7. Work Order #6, as shown on page _________, to CC-2183-07.
8. Copies of e-mails dated March 25, 2009, to BCC from Cindy Coto and to Cindy Coto from Bruce McMenemy regarding Ice Machine Docs.
9. Copies of e-mails dated March 26, 2009, to Bruce McMenemy from Susan Krause and to Susan Krause from Bruce McMenemy regarding Project Management, Re: BAR 09-38 and Capital Transactions.
10. Parks Contract, as shown on page ________, with Carl Murray.
11. Tennis Developmental Instructor Agreement, as shown on page ________, with Eric Cordova.
12. Assistant and Associate Tennis Pro Agreements, as shown on page _________, with Roger Crawford and Sergio Rivas.
13. Memorandum to Sandy McCann from Liz Parkhurst regarding P&D Outstanding Documents.
14. Work Order #115, as shown on page ________, to PS-5165-04.
15. Change Order #1, as shown on page ________, to Work Order #59 for CC-1220-03.
16. Work Order #3, as shown on page ________, to PS-3166-08.
17. Cash Maintenance Bond in the amount of $750 and Maintenance and Escrow Agreement, as shown on page ________, for International Parkway Village.
18. Work Order #5, as shown on page ________, to PS-5172-04.
19. Work Order #114, as shown on page ________, to PS-5165-04.
20. Work Order #4, as shown on page ________, to PS-3166-08.
21. Work Order #113, as shown on page ________, to PS-5165-04.
22. Work Orders #3, #4, #5, #6 and #7, as shown on page ________, to CC-2184-07.
23. Amendment #1, as shown on page ________, to Work Order #4 for PS-5172-04.
24. Change Order #5, as shown on page ________, to CC-2396-07.
25. Work Order #66, as shown on page _________, to PS-5120-02.
26. Work Order #2, as shown on page ________, to RFP-3261-08.
27. Recorded Transfer of Road Reservation, as shown on page ________, for Chapman Road, Parcel 106, Lutheran Haven.
28. Change Order #6, as shown on page ________, to CC-2396-07.
29. Proof of publication, as shown on page ________, regarding the final meeting of the 2008 Value Adjustment Board on March 31, 2009.
30. Maintenance Bond, as shown on page ________, in the amount of $20,311.73 for the Star Child Academy ROW.
31. Executive Summary and Financial Audit for Fiscal Year ended June 30, 2008, for Seminole Community College.
32. Amendment #1, as shown on page _______, to Work Order #90 for PS-5150-03.
33. Work Order #12, as shown on page ________, to RFP-4240-05.
34. Letter of acceptance and Bill of Sale, as shown on page ________, for International Parkway Village.
35. Revised and Restated Development Order, as shown on page ________, for the Redmon Design PUD.
36. Change Order #1, as shown on page ________, to Work Order #2 for CC-3321-08.
37. Amendment #1, as shown on page ________, to Work Order #33 for PS-5150-03.
38. Work Orders #24 and #25, as shown on page ________, to CC-1741-07.
39. Closeout of CC-2244-07, as shown on page ________.
40. Work Order #20, as shown on page ________, to CC-1284-06.
41. Parks Contracts, as shown on page ________, for Virginia Toledo, Rene Lebron, and Gregory R. Johnson.
42. Work Order #1, as shown on page ________, for PS-3556-08.
43. Change Order #8, as shown on page ________, to RFP-0613-06.
44. Amendment #2, as shown on page ________, to Work Order #1 for PS-2108-07.
45. Change Order #1, as shown on page ________, to CC-2521-07.
46. Work Orders #26 and #27, as shown on page ________, to PS-1501-06.
47. Recorded Utility Easement, as shown on page ________, for Jail Expansion, approved by the BCC on June 10, 2008.
48. Work Order #15, as shown on page ________, to CC-2190-07.
49. Amendment #1, as shown on page ________, to Work Order #11 for RFP-4240-05.
50. Work Order #37, as shown on page ________, to RFP-0225-05.
51. Amendment #1, as shown on page ________, to Work Order #36 for RFP-0225-05.
52. Change Order #1, as shown on page ________, to Work Order #31 for CC-1075-06.
53. Change Orders #9 and #10, as shown on page ________, to CC-0256A-06.
54. First Amendment, as shown on page ________, to PS-1020-05.
55. Closeout, as shown on page ________, of Work Order #24 for CC-1075-06.
56. Work Order #41, as shown on page ________, to PS-5174-04.
57. Consultant Services Agreement, as shown on page ________, with R. W. Block Consulting, Inc.
58. Amendment #1, as shown on page ________, to Work Order #9 for PS-5102-01.
59. Change Order #4, as shown on page ________, to CC-2702-07.
60. Bids as follows: RFP-600615-09; IFB-600592-09; IFB-600632-09; Best and Final Offer for RFP-600616-09.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tina Williamson, Planning Manager, addressed the Board to present request for a reduction to the Code Enforcement Board lien for Case #07-81-CEB on the property located at 1620 Ridge Avenue, Longwood, Stacy Dudley (previous owner) and U.S. Bank (current owner). She stated this case was previously heard by the Board on January 27, 2009 and on February 5, 2009, a second request for reduction was received from the applicant. The Board voted to reconsider the lien reduction request on March 24, 2009. She reviewed the history of the violations as outlined in the agenda memorandum. Staff recommends reducing the lien in the amount of $25,027.57, which represents a 50% reduction of lien plus the administrative cost of $1,402.57.
District Commissioner Henley stated he would like to hear what the attorney has to say that would justify the Board waiving this.
Commissioner Carey stated she would like to know if there was an inspection between June 20 and December 16.
Deborah Leigh, Senior Code Enforcement Officer, addressed the Board to state the property was inspected between that time in August. She stated no one notified her relative to compliance until December.
Upon inquiry by Commissioner Carey, Ms. Leigh advised this is an area where she regularly does inspections all the time and she inspected it periodically.
Attorney Lisa Delvecchio, representing U.S. Bank, addressed the Board to state this is an issue the Board is facing more and more based on the foreclosures going around in the State of Florida. She stated she concurs with the majority of the timeline, but she feels there are some discrepancies in how this property was handled. U.S. Bank was cited with 189 days of noncompliance, but this property was brought into compliance within two weeks of getting them a certificate of title. She displayed and reviewed an invoice from Cyprexx Services of the breakdown of services. She displayed pictures showing the property has been fully cleaned and everything had been done to come into compliance. She informed the Board that the Affidavit of Compliance involving the pool being secured was issued in December 2008 and the compliance date was December 14, 2007. She stated the real issue is what was the compliance date and is the client entitled to a larger reduction as a result of 16 days after being issued title. She added she feels the lien should be reduced based on the almost immediate compliance upon coming into title of the property. She reviewed the series of factors in which the Board considers. She submitted photos (received and filed) showing the pool being secured. She asked the Board to reduce the fine to cost because her client was getting it into compliance almost immediately upon taking title.
Commissioner Henley stated the problem he has is the bank notifies foreclosure and people move out. It would take about a year or a year and a half for it to take effect, and in the meantime they expect the County and the citizens to put up with those types of unsafe conditions. The banks are pushing a bill in the Legislature that makes it illegal for counties to assess these types of fines against banks. The banks are the mortgage holder and they ultimately are going to be the owner with the responsibility of trying to sell the property. The County expects people to take any type of lien into consideration on the price of the sales.
Attorney Delvecchio stated she feels it is ultimately the homeowner’s responsibility to maintain the property while they still own it. It was obvious that they were not interested in rectifying the issue although they were the ones who got the benefit of the mortgage as well as the ownership of the property. She said she feels her client did the right thing in this case, and would not have legally been entitled to be on this property and making changes and repairs until such time they came into ownership.
Commissioner Henley stated he feels the bank could have spent $60 every two weeks to cut the grass, etc. and that would have been cheaper than what they are facing today.
Upon inquiry by Commissioner Henley, Mr. McMillan advised the reduction of the last hearing is now off the table because the 60 days has passed and it was not paid. He stated the Board is now dealing with a new request of reducing the original amount to whatever amount the Board wants.
Commissioner Henley stated he would like to know what happens when they don’t comply with that.
Mr. McMillan stated the recourse the County has is to foreclose on the property someday based on the lien. The bottom line is the County can foreclose, but the first lien holder probably has superiority over the County’s lien. The problem is whether there will be any money left to pay the County’s lien at the time it is sold at traditional sale.
Upon inquiry by Commissioner McLean, Attorney Delvecchio explained what they have done in securing the pool.
Upon inquiry by Commissioner Carey, Attorney Delvecchio advised the pool was secured December 14, 2007 and she believes the homeowner or someone else secured the pool as they did not do it.
Mr. McMillan stated the pool is irrelevant to discussion because the fine that occurred after June 10 is not related to the pool violation at all. The Board is only dealing with the accrued fines for the other violations.
Upon inquiry by Chairman Dallari, Ms. Leigh advised the pool was still stagnant and that was the only violation that needed to be corrected.
Ms. Leigh stated she had asked for an actual invoice from them showing that they paid for services and she never received an invoice.
Upon inquiry by Commissioner Henley, Attorney Delvecchio advised she was not the foreclosure attorney on the case, therefore, she cannot speak how long it takes foreclosures in Seminole County. She stated she knows around the State it takes around 18 months.
Mr. McMillan stated he understands that the courts in Seminole County are requiring that all foreclosures be mediated.
Maryanne Morse, Clerk of Circuit Court, addressed the Board to explain when the impact on foreclosure rates started in Seminole County.
Commissioner Carey stated if the bank is the mortgage holder of the property, she would like to know if the bank has the right to go on the property to correct violations if the homeowner is still living there.
Mr. McMillan stated he believes the answer would be no, but he thinks there may be a provision in the mortgage that permits access to the property in the event the owner is wasting the asset.
Commissioner Carey stated if the bank cannot go on the property to fix an issue until they have clear title, then the County should be able to send someone out to secure a pool if they see one that is not secured.
Mr. McMillan stated a lot of local governments have passed ordinances placing obligations on the banks to maintain the property once the foreclosure is filed. He stated if the Board wants to look at that kind of ordinance, assuming after the Legislative session finishes that the Board has the authority to do it, they can discuss it at that time.
Chairman Dallari requested that staff bring something back during this afternoon’s meeting.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve a reduction to the Code Enforcement Board lien from $47,250 to $25,027.57 which represents a 50% reduction of the total lien plus administrative costs of $1,402.57 for Case #07-81-CEB on the property located at 1620 Ridge Avenue, Longwood, Stacy Dudley (previous owner) and U.S. Bank (current owner), and require these costs to be paid within 60 days or the lien will revert to its original amount of $47,250; and upon payment in full, authorize Chairman to execute the Satisfaction of Lien, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated she would like to know if the bank is willing to pay the lien and keep the property in compliance, or is it going to be a hardship on the bank. She stated she wants to make sure they are not doing the 60 days when it doesn’t work for everyone. She said if they are going to look at a policy, she would like to talk to the bankers or attorneys to find out how that is going to impact them.
Attorney Delvecchio stated the 60 days is problematic as the Board is asking the bank to front additional monies in order to maintain properties and to pay a Code Enforcement lien, which is a hefty size lien. The bank doesn’t want to be in the business of owning property.
Upon inquiry by Commissioner Carey, Attorney Delvecchio advised the house was purchased in 2006 for $635,000 and she is not sure what the judgment amount was.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Williamson presented request for a reduction to the Code Enforcement Board lien for Case #08-148-CEB on property located at 1815 Pear Avenue, Sanford, Gary Williams. She reviewed the background of the violations as outlined in the agenda memorandum. She stated the lien totals $16,400, which represents 164 days of noncompliance. Staff recommends reducing the amount of $9,548.80, which represents a 50% reduction of the lien, plus the administrative cost of $1,348.80.
Gary Williams, property owner, addressed the Board to state he was unaware of notices being mailed to the property because his son and wife were living on the property and did not give it to him. He stated the neighbor informed him of the notice and he contacted the Code Enforcement officer. He said he paid someone to clean the property (copy of invoice in the amount of $1,421 was received and filed). There were 5 gallon tanks on the property but he did not remove them because it did not state that they had to be removed. He said he is asking for reduction based on the fact that he didn’t know about it.
Mr. Williams explained for Commissioner McLean why he hadn’t maintained the property and why he became owner of the property again. He stated he did all he could do to comply.
At the request of Commissioner Carey, Pamela Taylor, Code Enforcement Officer, addressed the Board to give a brief summary of the condition of the property.
At the request of Commissioner Carey, Ms. Williamson displayed a copy of Mr. Williams’ invoice and read what services were provided.
Upon inquiry by Commissioner Carey, Mr. Williams advised he did not attend the Code Enforcement Board meeting on September 25 to inform them of the compliance.
Upon further inquiry by Commissioner Carey, Ms. Taylor advised the grass was mowed and most of the debris was removed when she reinspected the property on October 28. She said the tanks remained on the property.
Commissioner Henley stated the citation does not mention that the tanks are a violation.
Ms. Taylor stated the tanks were part of the debris. She stated the tanks were busted and were not useable.
Upon inquiry by Commissioner Henley, Mr. Williams advised he does not consider tanks being debris.
Upon inquiry by Commissioner Carey, Mr. Williams advised the tanks are no longer on the property as he cleaned them up.
District Commissioner Carey stated Mr. Williams wasn’t even receiving any of the documentation and she feels there has been a lack of communication.
Motion by Commissioner Carey, seconded by Commissioner Henley to approve a reduction to the Code Enforcement Board lien to the administrative costs of $1,348.80 for Case #08-148-CEB on property located at 1815 Pear Avenue, Sanford, Gary Williams, and authorize the Chairman to execute the Satisfaction of Lien, as shown on page _________.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey recommended including in the motion to request the amount to be paid within 90 days.
Commissioner Henley agreed with that recommendation.
Mr. McMillan left the meeting at this time.
Dennis Westrick, Environmental Services, addressed the Board to introduce Drew Jeter, CH2M Hill, to review the revalidation of the Water & Sewer Capital Improvement Program. He stated staff is requesting approval of an associated revalidation budget amendment resolution.
Drew Jeter, CH2M Hill Program Manager, addressed the Board to display a PowerPoint Presentation (copy received and filed) of the Water & Sewer Capital Improvement Program. He began his presentation by reviewing the 2009 Revalidation. He continued reviewing the Current CIP Funds Status; Plan for Available Funds; and What they have brought forward with the Available Funds.
Mr. McMillan reentered the meeting at this time.
Mr. Jeter displayed and reviewed a chart showing the entire CIP in comparison to what the Plan looked like a year ago.
Commissioner Henley stated when he met with Mr. Jeter and Mr. Westrick, he asked them to provide a matrix showing the original validation that they projected in the amount of the projects and the bids that actually came in to see how accurately they projected.
Mr. Jeter stated staff can provide that matrix by next week.
Upon inquiry by Commissioner Carey, Mr. Jeter advised Yankee Lake project was already approved by the Governing Board; however, there is an important issue that will be coming at the next Governing Board meeting (May 12, 2009).
Commissioner Carey requested that Mr. Jeter get the facts and details and report back to the Board on same.
Mr. Jeter continued by reviewing the 2009 Revalidation Summary.
Motion by Commissioner Carey, seconded by Commissioner McLean to approve the 2009 Revalidation of the Water & Sewer Program (CIP); and adopt the associated Revalidation Budget Amendment Resolution #2009-R-81, as shown on page _________, in the amount of $31,272,954.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Jeter continued by reviewing the Program Timeline slides of Where They’ve Been.
At the request of Commissioner Carey, Bob Briggs, Environmental Services, addressed the Board to give an update on the rate structures.
Mr. Jeter concluded by reviewing Where They Are in the Program Timeline and the Yankee Lake SWTF Timeline.
Chairman Dallari recommended continuing the County Manager’s Briefing and the Legislative Update until after the public hearings this afternoon. There were no objections.
Chairman Dallari recessed the meeting at 11:55 a.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner McLean, to authorize filing the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated the Board had some dialogue prior to the lunch break about Agenda Item #36, Markham Woods Road Rezone. He asked for direction from Mr. McMillan.
Mr. McMillan said there was a request to continue this item and the Board discussed it and said they would not continue it unless there was something brought up this afternoon that justifies a continuance. He said there had been a rumor that the item would be withdrawn, but in his discussions with Planning and Development Director Dori DeBord, no request for withdrawal has been brought forward. Therefore, the item is scheduled to be heard.
DEER RUN RIGHT-OF-WAY ISLAND VACATE
AND ABANDONMENT/DEER RUN PROPERTY
OWNERS ASSOCIATION #1
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution vacating and abandoning the unpaved island that lies immediately north of Red Bug Lake Road and in the approximate center of Eagle Circle at the entrance to Deer Run subdivision; and also consider approving a variance of the Seminole County Land Development Code Section 30.1243(3 & 4) as to sign location, as recorded in Plat Book 29, Pages 17 and 18 of the Public Records of Seminole County, Florida, in Section 21, Township 21 S, Range 30 E; Deer Run Property Owners Association #1, Dorothy Dennis, President, received and filed.
Alan Willis, Development Review, addressed the Board to present the request, stating the objective of the vacate and abandonment of the unpaved island along with the variance for the sign is for the Property Owners Association to be wholly responsible for this piece of property and to resolve the issue of the masonry feature on the island. He said the request complies with the requirements and is under the authority for vacating a right-of-way per Chapter 336.09 and 336.10, Florida Statutes. Staff recommends the Board adopt the Resolution to vacate and abandon the unpaved island and approve the variance to the Land Development Code as to sign location.
Dorothy Dennis, President of the Deer Run Property Owners Association, applicant, 1564 Almond Court, addressed the Board to state they have always kept up this island for the past 30+ years and they would like to continue doing so. They think it is an asset to the community.
No one spoke in support or in opposition.
District Commissioner Dallari recommended approval of the request. He said staff and the Property Owners Association have been working on this for quite some time.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt and authorize the Chairman to execute appropriate Resolution #2009-R-82, as shown on page _______, vacating and abandoning the unpaved island that lies immediately north of Red Bug Lake Road and in the approximate center of Eagle Circle at the entrance to Deer Run subdivision; and also approve a variance of the Seminole County Land Development Code Section 30.1243(3 & 4) as to the sign location, as recorded in Plat Book 29, Pages 17 and 18 of the Public Records of Seminole County, Florida, in Section 21, Township 21 S, Range 30 E; as described in the proof of publication, Deer Run Property Owners Association #1, Dorothy Dennis, President, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
BUCK CREEK PLANTATION SMALL SCALE
LAND USE AMENDMENT AND REZONE/DAVE AXEL
Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance for a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD) and enacting an Ordinance rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) on 5.3+/- acres, located on the south side of CR 419 approximately ¼ mile east of the intersection of Willingham Road and CR 419, Dave Axel, received and filed.
Ian Sikonia, Senior Planner, addressed the Board to present the request, stating the applicant is requesting the rezoning and small scale land use amendment in order to construct a 36,000 square foot residential office development. Since this parcel is regulated under the Econlockhatchee River Protection Area Overlay standards, the proposed permitted uses are split by the 1,100 foot setback regarding the residential and commercial zoning uses. Within the 1,100 foot Econlockhatchee River Corridor Protection Zone, the requested rezone will allow all RP (Residential Professional) zoning uses and special uses, except communication towers. Outside the 1,100 foot Econlockhatchee River Corridor Protection Zone, all C-1 (Retail Commercial) zoning uses will be permitted except funeral homes, laundromats, and communication towers. The staff finds the request to rezone and the land use amendment are compatible with the surrounding uses and existing development patterns of the area. Staff received two letters in opposition with concerns for water run-off from the proposed development, extra noise associated with this development, more traffic, lack of privacy from the neighbors to the south, and the neighbors said there was not sufficient information supplied for this rezone and the residents would like to see the construction plans. Mr. Sikonia advised the Planning and Zoning Commission voted 6 to 0 to recommend approval of the amendment to PD and rezoning to PUD. He said the staff also recommends approval of the amendment to PD and rezoning to PUD.
Upon inquiry by Commissioner Carey, Planning Manager Tina Williamson addressed the Board to explain further what residential office development means. She also explained why this parcel was removed from the Seminole County/City of Oviedo Joint Planning Agreement in 2008.
Commissioner McLean discussed with Mr. Sikonia the request for waiver from the parking code standards.
Upon inquiry by Commissioner Henley, Mr. Sikonia advised what the requested waiver is from the active/passive buffer; and they discussed the setbacks and buffers.
David Axel, applicant, 1757 W. Broadway, addressed the Board to state he agrees with the staff recommendation and will answer any questions.
Commissioner Henley asked Mr. Axel if he had any contact with the Twin Rivers Community Association regarding this request. Mr. Axel advised he did not, but said he received yesterday from Mr. Sikonia a copy of the letter from the Association expressing some concerns.
No one spoke in support or in opposition.
District Commissioner Dallari recommended approval of this request.
Commissioner Henley submitted to the Record the letter from the Twin Rivers Association.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to enact Ordinance #2009-16, as shown on page _______, approving a Small Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD), and enact Ordinance #2009-17, as shown on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) 5.3+/- acres, located on the south side of CR 419 approximately ¼ mile east of the intersection of Willingham Road and CR 419, Buck Creek Plantation; as described in the proof of publication, Dave Axel; and approve the Preliminary Master Plan and Development Order, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
MATHEWS ROAD STORAGE SMALL SCALE
FUTURE LAND USE AMENDMENT AND
Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance approving the Small Scale Future Land Use Amendment from LDR (Low Density Residential) to IND (Industrial) and enacting an Ordinance rezoning from A-1 (Agriculture) to C-3 (General Commercial and Wholesale), property consisting of 7.48+/- acres located at the southwest corner of the intersection of Oaklando Drive and Mathews Road, Hugh Harling, received and filed.
Assistant Planning Manager Tina Williamson presented the request, stating staff is recommending denial of the request based upon the following findings. She said the Hillview Small Area Study in 1999 recommended that this area be developed with Planned Development Future Land Use and PCD zoning with tailored permitted uses and design standards in order to be compatible with existing single-family developments. The properties to the south and west of the subject property have received approval for Planned Development Future Land Use and Planned Commercial zoning in accordance with the recommendations of the Small Area Study. After the Hillview Study was presented to the Board, the Hattaway/Hillview PCD, Harling Locklin Mathews Road/Oaklando Drive PCD, and Terry L. Butler PCD were approved by the Board of County Commissioners consistent with the recommendations of the Hillview Study including PD land use and limitations on permitted uses. The Hattaway/Hillview PCD and Terry L. Butler PCD allow for residential uses (single and multi-family); industrial uses limited to office showroom and warehouse/storage facilities; office; public uses; churches; daycares; and public/private education. The development orders prohibit the use of remote parking. All of the approved PCD’s in the area require that outside storage be screened to not be visible from public views. All these conditions of approval were taken from the Hillview Small Area Study. The proposed Small Scale Amendment has the potential to impact the surrounding road network with an additional 1,322 average daily trips. Oaklando Drive is the only public access to the subject property and connects to the citywide intersection at SR 434 and Lotus Landing Boulevard. Direct access to Semoran’s intersection may increase the probability that more trips will cut through the existing neighborhoods via Oaklando Drive. This is not consistent with Seminole County’s Comprehensive Plan Policy FLU.3, Part 3, which states the County shall encourage the viability of future residential neighborhoods adjacent to collector and arterial roadways by discouraging through traffic on local residential roadways and Comprehensive Plan Policy TRA 2.5.2 which states the County shall endeavor to ensure that vehicular connections between subdivisions are designed to serve local residents and preclude through traffic. Further, she said the protection of neighborhoods is a major issue identified in the Comprehensive Plan. FLU Policy 2.5 states the County shall evaluate plan amendments to ensure that a transitional land use is provided as a buffer between residential and nonresidential uses and between varying intensities of residential uses. The FLU Exhibit, Compatible Transitional Land Uses, indicates that industrial is not a compatible transitional land use adjacent to low density residential. During the Development Review Committee process, staff advised the applicant to pursue the PD FLU and PCD zoning incorporated in the sensitive site design standards and other transitional features in accordance with the Comprehensive Plan policies and the Hillview Small Area Study. However, the applicant elected to move forward with the request for Industrial Future Land Use and C-3 zoning.
Ms. Williamson said staff is recommending the Board deny the requested Small Scale Future Land Use Amendment from LDR to IND and denial of the rezoning from A-1 to C-3 based upon their findings. The Planning and Zoning Commission voted 4 to 2 to recommend denial of the request also.
During discussion with Commissioner Henley, Ms. Williamson corrected the record that the Hillview Small Area Study was discussed by the Board on June 13, 2000. Commissioner Henley questioned where in the minutes does it say the Board adopted the Hillview Small Area Study. Ms. Williamson said the study was discussed at length at that meeting and the subsequent Board action after that meeting was that the conditions discussed in the study were incorporated into the future rezones and land use amendments. Commissioner Henley said he has researched all of 1999 and 2000 discussions and he recalls the Department of Community Affairs issued objections to the mixed use and staff had to respond to those and the action was deferred to a later time. He said receiving and adopting the study is two different things.
Ms. Williamson advised the Small Area Study was not adopted by the Board, but staff based it on the Board not objecting to the conditions of approval being adopted into the rezones and land use amendments in the area. She reviewed what those conditions of approval were which had been written in the study and were incorporated into the development orders. Discussion continued with Commissioner Henley on remote parking and whether Mr. Hattaway’s current business would be prohibited on the subject site.
Commissioner Carey referred to the aerial and asked if storage would be an allowable use on the parcels to the south and east of the subject property. Ms. Williamson stated none of those PCD’s have received final site plan approval from the Board. She said any uses that may be operating there now have not been reviewed by staff.
Upon further inquiry by Commissioner Carey, Ms. Williamson said Mathews Road is an ingress/egress easement and the property owners between Oaklando Drive and Hillview Drive own the underlying land of the road right-of-way.
Commissioner Henley asked how staff can require a developer or an applicant to pave property that he doesn’t own, and he would be the only one who has to pay for the pavement.
Ms. Williamson said if the developer of the property were going to use the road for access to his property, he would have to bring it up to County standards.
Mr. McMillan advised the question for the Board is if this is something that needs to be done in order for the rezoning to be accomplished, it is the burden of the developer to do it. Otherwise, the Board would consider the road not there and whether the rezoning is appropriate without that access.
Ms. DeBord clarified for Commissioner Henley that staff does see the storage as allowing for the type of use that Mr. Hattaway has now. So the PCD’s under the PD zoning that Mr. Hattaway has today would continue to allow the storage of the vehicles he has today as a business.
Upon inquiry by Commissioner Carey, Ms. DeBord explained the difference between the PCD zoning and straight zoning district. She said she believes the neighborhood, staff and the applicant would get more out of the PCD zoning than the straight zoning district.
Commissioner Carey clarified with Ms. Williamson that a junk yard would not be allowed under the Industrial zoning category.
Commissioner Van Der Weide said he has some major concerns with this whole process. He stated the process going through the P&Z was flawed considerably. The staff seems to be very determined to make this applicant go to a PCD rather than straight zoning. He thought that was the applicant’s right. He asked Mr. McMillan if the applicant was asking the Board to do anything illegal.
Mr. McMillan advised the Board that there is nothing inappropriate in the applicant asking for straight zoning.
Upon inquiry by Chairman Dallari, Mr. McMillan explained what usually happens when there is a tie vote.
Bob Hattaway, applicant, 601 Hillview Drive, addressed the Board to state his plan has been, for a number of years, to move the adult toy storage facility across the street to the property they are discussing today. He said the reason he is asking for straight C-3 zoning is because PCD does not define what you can do. You think you can do something but when you read the PCD agreement, it says something different. He noted that the property they are dealing with today is only 7½ acres of the entire property. He explained he determined it was best to come to the Commission and look at a zoning that is very clear. He said he is able to understand what the uses are for C-3. He and his engineer, Hugh Harling, discussed the PCD’s with staff and disagreed with what they saw. They felt their best position was to come ask for a straight zoning. He knows what he is dealing with and the community will know what they are dealing with. He said he has agreed to the low lighting, the setbacks, that the adult toy storage should be across the street; and that they would use this for a storage facility. He noted that C-3 gives him other opportunities and in today’s market in the real estate business, you don’t know what tomorrow will bring. He said Florida Hospital has just bought 22 acres on SR 434 and will build a big office building there and that will affect the present location of his adult toy storage facility. He envisions that some day he will be across the street on the property they are discussing today. He said he needs the flexibility to know what he has and what he can do with his property. He does not believe a PCD gives him that ability, but gives staff more control to come back and say no, on the west side of his property he can’t do warehousing or storage, but he would have to do office or sell the property to a school or something of that nature. That is not his intent. He is not looking to sell his property but he is looking to be able to utilize it for what he thinks is the highest and best use. Mr. Hattaway said he is not aware of ever having any complaints of any noise from the adult toy storage. He said he does not have the big machines with trucks that have bells, blows and whistles when backing up. There are people in the area who do. He said he disagrees with staff, and he believes that C-3 zoning is his best approach.
Ms. DeBord stated the only issue staff has is that they feel the PD land use and PCD zoning is consistent with what the Board has been approving in this particular area. They believe Mr. Hattaway can do what he wants to do within the PCD zoning, but he doesn’t see it from that approach. She further explained that the primary reason staff has recommended denial is the issue of the compatibility of land uses. This would be an industrial land use going up against low density residential. In the Comprehensive Plan, they talk about transitional land use and note that industrial land uses are not compatible with low density residential. Staff understands that the character of this area is changing; however, at this time, the land uses there are leading to an incompatibility issue. That’s the crux of the recommendation for denial at this point in time. She stated to Commissioner Carey that south of Hillview Drive is different in nature. The area staff is most concerned about is the northern side of Hillview, which is where the property is located now, and the conflict between the industrial land uses and the low density residential.
Ms. Williamson advised Commissioner Carey what the side yard setback and the rear yard setbacks would be if the industrial is adjacent to residential; and what the setbacks would be under straight zoning for storage on the north side of the property adjacent to Oaklando Drive. Discussion continued.
Chairman Dallari recessed the meeting at 2:37 p.m. and reconvened it at 2:45 p.m.
Brian Taylor, City Wrecker Service, tenant of Adult Toy Storage, addressed the Board, speaking in support, to state they are not a junk yard and do not salvage vehicles, but are in the business of towing and storing vehicles.
James Stephenson, 113 Satsuma Drive, addressed the Board to speak in opposition as an individual and Board member of the Spring Valley Farms Community Association. He said their objections to the change in zoning is two-fold. They don’t know how the property would be used. They found out more today than at the previous meetings as to how Mr. Hattaway might want to use the property. They are also concerned that even though the way he might use the property might be acceptable to everyone, if he were to sell the property, the next owner could use it any way it was allowed in the industrial zoning.
Patricia Smith, 109 Pinetree Lane, addressed the Board to state she backs up to this property where the orange grove is located and she has lived there for 38 years. She said this is a gem in the crown of Seminole County and, as residents, they would long to keep it that way. She said as a widow, her home is not only her sanctuary but the last of her investments; and, therefore, she is very threatened by anything that might affect further the diminishing of property values. She hopes the Board will see this is a most inappropriate request and deny it.
Patricia Green, 139 Variety Tree Circle, addressed the Board to state her property backs up to the back yard of Mr. Elliott. She pointed to the site plan and showed the size of the adult toy storage facility and asked how could it fit onto the new smaller area. She said that is totally incompatible. Mr. Hattaway said the PCD he’s involved in would not allow him to move the toy storage facility in that area. She has conflict in understanding his proposal. She said the application says nothing except the storage facility and does not say to move a toy storage business. She stated the facility has been used in the last year as a truck depot. She has seen as many as 40 trucks on the property and hears constantly the beep sound. She read information that C-3 uses bears little relationship to county residential areas. Such lands are conveniently located to principal thoroughfares and railroads. She said behind this property is nothing but R-1, R-1A and R-1AAA residences and it is totally incompatible to have C-3 separated by a 25-foot dirt road and an egress access that is also dirt from a neighborhood where people are trying to enjoy their property rights. She said she understands that Mr. Hattaway has property rights and he may use his property. She said Mr. Hattaway started his business in 1974, but these homes have been there since the 1960’s. She said she has a preceding property right to enjoy her home and cannot do so with C-3 zoning behind it. She asked those in attendance to stand who are in opposition and approximately 19 persons stood.
Leeanna Rachel, 126 Variety Tree, stated she agrees with the previous speaker and waived her right to speak.
Commissioner Carey noted that in the Written Comment Forms submitted, two are in support of the request.
Patricia Trenski, 111 Satsuma Drive, addressed the Board to state one of the things she likes about the Spring Valley neighborhood is the safety. She said this is a beautiful neighborhood where people maintain their homes and she strongly requested the Board to deny this zoning change in order to not adversely affect their neighborhood, safety, standard of living and values of their homes.
Marian Pine, 119 Variety Tree Circle, addressed the Board to state the parcels Mr. Hattaway wants to rezone to Industrial are surrounded on three of four sides by property zoned R-1. All of the properties are single-family homes and they total several hundred properties. Most of the homes are across the street from Mr. Hattaway’s property, and most are owner-occupied; 75% are homesteads. In addition, Spring Valley contains an additional 444 single-family homes. Many of these are within 300 feet of Mr. Hattaway’s 7.48 acres. She said it is not true that Spring Valley is separated from the property by a fence and a wall. The homes on Pine Tree Lane, Variety Tree Circle and Satsuma Drive do not have a wall or fence behind them. Her neighbors can see the parcels from their back yards. There are mechanics and trucks back there. If the property is rezoned to Industrial, there will be no buffer between the property and the immediately adjacent single-family homes. She said this flies in the face of the intent of every zoning code in existence. The requested change in zoning allows industrial uses far more extensive than what Mr. Hattaway intimated he planned for the property. At the P&Z meetings, he never said what his plan was. Once this zoning is approved, there is nothing that would prevent him from using this for any other use. There is also nothing that would prevent him from selling the property to an entity that would use it for anything within the industrial use. She said there are already tractor trailers parked on the property and this is a non-conforming use, and Mr. Hattaway knows that. She hopes the Board will consider the properties around the area.
Chairman Dallari advised he has received a Petition, as shown on page _____, in opposition to the request.
Ernest Waters, 611 Oaklando Drive, addressed the Board to state he has been in this community for four decades and he wants to let the community stay as it is, and he is opposed to what’s going on now.
Maryan Sinacore, 601 Trailwood Drive, addressed the Board to state her property backs up to Mathews Road and Oaklando Drive. She said it used to be very nice and quiet. When Mr. Hattaway had his florist business, the trucks went by and the dust went flying. Now they have tractor trailers and they go by constantly. She said she moved in the area in 1971. She would like some peace and quiet.
Berie Johnson, 575 Oaklando Drive, addressed the Board to state he has lived in the area since 1961 and has seen a lot of changes, some bad and some good. He said Mr. Hattaway has brought double trouble. Every morning he sits in his car with his son to catch the school bus and there is traffic coming out of Mr. Hattaway’s business, and he has traffic coming down Mathews Road. The school bus has to wait. The traffic on SR 436 has to wait until the trucks go by. He said the business is nothing but a junk yard and clipped trees are hauled in there. He said the traffic goes so fast down the dirt road in the mornings if they were to try to stop, they would kill somebody. There is continuous bamming and knocking all night long.
Eunice Badie, 545 Hillview Drive, addressed the Board to state she has been a resident for over 35 years so she has seen many changes in their neighborhood. The Hattaway business has been good for him. They have had big trucks come in and as there is no playground for the children, the trucks are not safe for the residents. She is concerned about the new development coming in on Mathews Road and Oaklando. She said nothing has been said about improving the roadway in that area. She said so much traffic comes on those roads now daily and dust flies everywhere. There is no speed limit on the road. She said there is a church in the area that has been there for 123 years. She asked what is going to happen to it. She said the senior citizens can’t just pull up and go when someone is forcing them out. They are on fixed incomes, and they like where they are. If this was coming to make the whole community and benefit all of them, that would be good; but this is a one-man show and she votes no.
E. J. Elliott, 143 Variety Tree Circle, addressed the Board to state he has lived in the area for 39 years. He said in the presentation he did not hear from anybody addressing what is going to be the affect of the people who have homes and live in the area. The interest of the people and their plight is pushed to the background. The whole presentation was how you can accommodate a new use for this property in this zoning in order to allow the applicant to expand his business in the future if he sells. He said this application is causing a lot of anxiety to a large number of people, including two subdivisions. He said very little has been heard from Trailwood, who will be the ones to be very much affected because they are within 20 feet of the proposed industrial zoning. He said these people have homes that represent the biggest asset and investment they have made in their lifetime and they find themselves, their lifestyles and values threatened by working with the applicant seeking to degrade the areas surrounding these peaceful homes with zonings which he is not absolutely sure what is allowed under either one of the designations. He asked the Board to think of the residents. He said they don’t need to dwell on the code but enforce what’s in it. He thinks the only appropriate thing for the Board to do is vote for denial.
Written comments by Mr. Elliott were received and filed.
Commissioner Carey disclosed she had conversations with Mr. Elliott and Ms. Pat Green yesterday.
Commissioners McLean and Henley disclosed that they also had conversations with Mr. Elliott.
No one else spoke in support or in opposition.
Speaker Request Forms and Written Comment Forms were received.
Ms. DeBord discussed for Commissioner Carey what the setback requirements are along Mathews Road and Oaklando Drive and what’s in the area PCD’s. Ms. Williamson also discussed what the setbacks would be in a PCD with the C-3 uses adjacent to residential. Ms. DeBord advised a PCD could be negotiated, depending on the location of various buildings and uses, but in a straight zoning, there is no negotiation as to setbacks and active/passive buffer zoning.
Commissioner Carey said usually in a PCD, it’s negotiated to the benefit of the developer and they get fewer setbacks, but in a straight zoning, it is very clear. It would be 150 feet for the building adjacent to residential, which means that on the east, north, and south sides, the developer would have to set back 150 feet in all directions for buildings and have 25-foot buffers all around the exterior.
Mr. Hattaway gave rebuttal comments to Ms. Badie, stating he cut out a piece of his property and allowed the church to park on his property for the last 10 years for nothing. So he thinks he is working with the church. On the road issue, he said Seminole County came to him two to three years ago and asked for road right-of-way donation that would come all the way down Oaklando Drive and from Mathews Road to Hillview Drive. He agreed to do that, but his neighbors did not. Today, they still have a dirt road because two of the neighbors chose not to do that. He said it is not his business with the noise and mechanics going on. There is a piece of property at the corner of Mathews Road and Oaklando Drive with a shade tree mechanic operating there. He said that has nothing to do with him.
Upon inquiry by Commissioner McLean, Mr. Hattaway said he had not had any prior conversations with the neighbors at this time. He related conversations in 2000 and 2001 when he met with the neighbors, but they did not agree with his plans and took that position. At the P&Z meeting, he talked to some of the neighbors but they didn’t want to listen to anything he had to say. He said he sees no devaluation of the property.
Commissioner Henley said he thinks there is some misconception by the neighbors about Mr. Hattaway’s intent. He asked him to review the Hillview Small Area Study done in cooperation with him and the city of Altamonte Springs regarding the vision and what part his business plays into that and why he was acquiring the property. He also discussed what the impact might be to Hillview if the City got his property. Mr. Hattaway noted that he is trying, through road connections, to move the traffic as much as possible off Hillview onto a new road that would be built back into SR 434 and back into Maitland Boulevard.
Commissioner Henley asked staff to show the proposal from 10 years ago regarding the road network. He said he thinks that would have a positive impact on Hillview. If the County owned Mathews Road, it would have been paved under the Road Pavement Program. Mr. Hattaway pointed out the proposed roadways he had mentioned earlier that could only happen with his property.
Commissioner Carey advised she observed vehicles parked on property to the east of Mathews Road across from this property.
Ms. Williamson said Code Enforcement has gone out and done a sweep of the entire area and code violations were issued for several of the properties.
Ms. DeBord said the noise issue may be coming from this site. She said it is a code enforcement issue, but has not been before the Code Enforcement Board at this time.
Commissioner Henley advised that code enforcement issues have been going on in that area for about 11 years. He has personally reported violations to Code Enforcement. None of those came from Mr. Hattaway’s property. He said the nicest facility out there is Mr. Hattaway’s and the rest of it is pretty much junk. He said the property Mr. Hattaway just purchased, which is the subject property today, has some concerns and he thinks he is aware of those. He said in 11 years he has been on the Board, he has never had a call from anyone in Spring Valley complaining about any issues. Issues were brought up at the time of the rezoning in 2000, but since then he has not had a call from anyone about noise or lights.
District Commissioner Van Der Weide stated he has been on the Board for 17 years and he agrees that Mr. Hattaway’s property is the best kept. He said there are a lot of issues in that area, but for those living in the area, that’s the best they can do. His thought has always been to not be proactive but reactive to a problem and leave people alone if they can.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to enact Ordinance #2009-18, as shown on page _______, approving a Small Scale Future Land Use Amendment from LDR (Low Density Residential) to IND (Industrial) and enact Ordinance #2009-19, as shown on page _______, approving a rezoning from A-1 (Agriculture) to C-3 (General Commercial and Wholesale) consisting of 7.48+/- acres located at the southwest corner of the intersection of Oaklando Drive and Mathews Road; as described in the proof of publication, Hugh Harling.
Under discussion, Commissioner Carey confirmed with Ms. Williamson that if this is a straight zoning, there is no variance for the setback. It is a 25-foot buffer and 150-foot building setback for active uses adjacent to residential and there is a process whereby the applicant could request a waiver at the time of final site plan. Ms. Williamson said that would have to come back before the Board for approval.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner McLean voted NAY.
PLUMOSA AVENUE REZONE/
NATHANIEL WEAVER/THOMAS MCKEON
Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance to rezone from R-2 (One & Two Family Dwelling) to RP (Residential Professional District) 0.20+/- acres located approximately 100 feet east from the intersection of S. Ronald Reagan Boulevard and Plumosa Avenue, and approve the associated Site Plan and Development Order, Nathaniel Weaver/Thomas McKeon, received and filed.
Planner, Joy Williams, addressed the Board to present the request, stating the applicant is requesting the rezone in order to convert an existing 920 square foot single-family residence into an accounting office. The subject property has a Medium Density Residential Future Land Use designation, which allows for the requested zoning district. Staff finds the requested zoning district of RP to be compatible with the surrounding development patterns of the area. The Planning and Zoning Commission voted unanimously to recommend approval of the request to rezone. Staff is also recommending the Board approve the request to rezone and approve the associated Site Plan and Development Order with the following conditions: (1) Permitted uses shall be limited to Professional Offices only; (2) Hours of operation shall be from 9 a.m. to 5 p.m., Monday through Friday and closed on Saturday and Sunday; (3) No more than two employees may be on site at any given time; (4) The applicant shall install a six-foot tall fence along the perimeter of the property line to provide a buffer from existing residential; (5) There will be a five-foot landscaped buffer along the perimeter of the property consisting of 17 understory trees and a hedge that shall be maintained at no less than 36 inches in height; (6) All development shall comply with the site plan labeled Exhibit B; and (7) Per Sec. 30.631 of the Land Development Code, any substantial changes to the approved site plan, or any substantial change of use, shall be reviewed by the Planning and Zoning Commission and approved by the Board of County Commissioners.
Commissioner Carey said the staff report says the applicant is proposing to build a wooden privacy fence. There have been a number of discussions about that type of fencing not lasting very long and getting into disrepair quickly. She said the Code does not allow for the applicant to build wood fences.
Ms. Williams said staff felt the fence along with the plantings would be adequate buffering for this type of use since it won’t be a high intensity use on the property.
Commissioner Carey said she would rather see landscaping than a wood fence.
Ms. Williamson clarified that in active/passive buffer standards, masonry walls are required. In this case, active/passive buffers do not apply. She advised Commissioner Carey that there is not a requirement for the applicant to put up a fence at all. Staff is asking the applicant to do so to provide additional buffering between this property and the adjacent property owner.
Nathaniel Weaver, applicant, 107 S. Hamlin Court, addressed the Board to state he agrees with the recommendations of staff and the P&Z, and he thinks the highest and best use of the property is RP (Residential Professional). He said there is currently a fence on the site today, and it is in good shape. He will probably replace it because he doesn’t want to put in new landscaping with an old fence.
Upon inquiry by Commissioner Carey, Mr. Weaver said no one indicated they needed a fence. It was his thought and the engineer’s thought that the fence might be best for the neighbors. They can go without the fence and put in additional landscaping. He said whatever the neighbors would like to see is probably the best they can do.
No one spoke in support or in opposition.
District Commissioner Henley stated he thinks this is a good use and they will see more of this going on. He said he shares Commissioner Carey’s concern about the wood fence.
Motion by Commissioner Henley, seconded by Commissioner Carey, to enact Ordinance #2009-20, as shown on page _______, approving a rezone from R-2 (One & Two Family Dwelling) to RP (Residential Professional District) 0.20+/- acres located approximately 100 feet east from the intersection of S. Ronald Reagan Boulevard and Plumosa Avenue; as described in the proof of publication, Nathaniel Weaver/Thomas McKeon; and approve the associated Site Plan and revised Development Order, as shown on page _______, deleting the requirement for a fence along the perimeter of the property line, based on staff findings.
Under discussion, Commissioner Henley said if the applicant wants the fence, give him permission to do that, but he would prefer to see a hedge than a fence.
Districts 1, 2, 3, 4 and 5 voted AYE.
MARKHAM WOODS ROAD REZONE/
MARJORIE CHALFANT/JEFFREY HENSLEY
Proof of publication, as shown on page _______, calling for a public hearing to consider enacting an Ordinance rezoning from RC-1 (Country Homes) to A-1 (Agriculture) 5+/- acres located on the west side of Markham Woods Road, approximately ½ mile north of E.E. Williamson Road; Marjorie Chalfant/Jeffrey Hensley, received and filed.
Chairman Dallari advised he has a number of e-mails in opposition (received filed) that he passed to the other Commissioners for review.
Ms. Williams presented the request, stating the applicant is requesting the rezoning to allow for those uses permitted under the A-1 zoning district. She advised the Planning and Zoning Commission voted unanimously to recommend denial of the request to rezone to A-1. She said the staff finds the request is compatible with the surrounding zoning district and future land use classification and is, therefore, recommending the Board approve the request to rezone from RC-1 to A-1.
Attorney Woody Rodriguez, Marchema and Gramm, representing the applicant Marjorie Chalfant, addressed the Board to state Ms. Chalfant called their office yesterday. He advised that Ms. Chalfant is also an attorney and practices in the Tampa/St. Petersburg area. She had originally requested a continuance and he understands that the Board considered that this morning. He asked the Board to open that up for discussion again. Whereupon, Chairman Dallari asked him to just address the issue at this time.
Attorney Rodriguez said from the records he has been able to review since yesterday, the property is surrounded by A-1. He gave a brief history of the property. He said since 1989, Ms. Chalfant has been permitted, through a Special Exception, to maintain horses on the property. The distinction between what she has now and the A-1 classification would be to allow her some greater benefits in the use of the property. He stated from reviewing the minutes of the P&Z meeting, he cannot glean a very good, equitable or legal argument as to why this property should not be granted A-1. He said Ms. Chalfant is not asking for any variances or waivers. She is asking, as her right, to be given the same opportunities as those of her neighbors to the north, south, east and west.
Upon inquiry by Commissioner Carey, Attorney Rodriguez stated Ms. Chalfant is aware that the Special Exception is to have horses on her property for her personal use and her guests. He said Ms. Chalfant has tried to subdivide the property, which is the intent of Suburban Estates, and met great resistance from her neighbors to the west, so she thought since the market isn’t good, she would hold back. During the entire time she has had horses on the property, she explained that she has had resistance from the neighbors. He understands that there was adequate investigations into the use of the horses, and it was determined that Ms. Chalfant was within her rights using the property adequately and correctly. To change it now from RC-1 to A-1 would give Ms. Chalfant greater flexibility. He reiterated that the properties to the west, north and south all have the same A-1 classification.
Attorney Bill Reischmann, representing some of the property owners, addressed the Board to state these property owners own Lots 8, 9 and 10 contiguous to the western boundary of the subject property. He reviewed from the information folder (copy received and filed) distributed to the Board. He noted all the properties zoned A-1 that are contiguous to the subject parcel are single-family homes. They are all subject to covenant restrictions and will never be anything other than single-family homes in the future. He said the permitted uses for A-1 are incompatible with these properties. All the other properties surrounding these parcels, not subject to the covenant restrictions, are zoned RC-1. He referred to comments from the P&Z meeting stating Ms. Chalfant said if her property is zoned to A-1, it should stop most of the complaints. There will not be a change in the use of the property if it is rezoned. He then read from the current listing for the subject property and said it is not trying to sell a single-family home, and is not for RC-1 with a Special Exception for horses for personal use, but it is to make this a commercial use under A-1. People are going to be coming in riding and boarding the horses and this is directly abutting a single-family residential area. That is incompatible. He asked the Board to uphold the decision of the P&Z and deny this application.
Mark Brown, 1705 Alvarado Court, addressed the Board to state he is a neighbor to the west. He quoted, for clarification, policies on RC-1 and A-1, stating RC-1 is residential in character and has open space where similar development is expected to occur. The site so planned is that the greatest utilization may be for country living without any of the undesirable features of a purely agricultural district. He said that sums up what they are seeking. He said what A-1 allows is far more extreme than that, and that’s why he is speaking against this request and is asking the Board to oppose it. He said they have had code enforcement issues on this property. At one time there were as many as 30 horses there and they saw trucks coming and going 24 hours a day and at night unloading ponies. They took steps to make the neighborhood a nicer place to live. They went through the issues of the constraints and restrictions of Wingfield Reserve. That takes the A-1 to a very conservative RC-1 exposure. He said going to A-1 would change the character of this land.
Tom Wilson, 1709 Alvarado Court, addressed the Board to state he has lived in the area for 10 years now. He corrected the record that Ms. Chalfant did not buy her property until 2005, so she came in well after the rest of them. When she came in she changed a lot of things. When she put 30 horses on the property, the neighbors started complaining to the County and Code Enforcement. He said she has been running a business ever since. To this day, Ms. Chalfant has a web site advertising the horses for sale. He said Ms. Chalfant is asking for the rezoning to try to improve the value of the property. If she does that, there is no guarantee the property will stay the way she has it currently. He said they can live with her reducing the number of horses to five or six. But when the number goes up to 30 or so, the noise, smells and everything else does not work well with their neighborhood. They should not be forced to have to live with that. It says on the advertisement that she is selling the property as an equestrian horse ranch, which indicates it’s a business. He asked the Board to support the P&Z and deny the application.
Dr. Michael Bledsoe, representing Wingfield Reserve Homeowners Association, 2112 Cluster Branch Court, addressed the Board to state the Association is in opposition to the change. He said the A-1 means nothing to them. They are simply single homes with no horses in a very high-end community. A-1 is inconsistent and incompatible with their current style of living. He said he had sent an e-mail today because he thought the hearing was going to be rescheduled. He appreciates the Board holding their position and hearing the item today.
Commissioner Carey stated she would submit Dr. Bledsoe’s e-mail (received and filed) into the record.
Attorney Paul Hinckley, 150 N. Westmonte, on behalf of the Wingfield Reserve Homeowners Association, addressed the Board to express the HOA’s opposition. He said there are three ways the site can be accessed. One way is a lot in Wingfield Reserve that is subject to the restrictions in Wingfield Reserve. Also, there is an easement that runs over to Markham Woods Road from the north line of the site, which is also over lots in the development. The third easement, which was granted in the past, is for access to the property individually for personal reasons. He thinks these are some access issues the Board should be concerned about. Some of these are private land rights and may be their problem rather than the BCC, but that is another reason to deny this request. He said it is true that there are other developments in the area zoned A-1, but they are subject to restrictions. Nobody has horses on these lots. He said since the applicant indicated she does not intend to do anything different with the property than what she is currently doing, there is no valid reason provided why this application should be granted. Further, Ms. Chalfant has the property for sale and whoever owns it next may not be as agreeable with keeping a limited number of horses, but will be free to do whatever they want that is compatible with A-1 zoning.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Attorney Rodriguez gave rebuttal comments, stating if the neighbors are telling Ms. Chalfant they don’t want her to develop the property and subdivide it into three or four lots and, at the same time, they don’t want her to use her property in any kind of agrarian business because they don’t want to look at horses, the Board is allowing the will of the neighbors located to the north and south to control what she can do with her property. He said the deed restrictions are those the neighbors imposed on themselves when they purchased their properties and is not something the County is imposing. The neighbors’ comments today are based on the fact they are in a subdivision and they can’t have horses on their property. That of itself is a fallacy because it’s a self-imposed deed restriction based on their homeowners’ covenant. He said he has had no reports of any subdivision code violations that are not part of the record today, because that is unsubstantiated. He said the request is equitable, compatible and consistent with what the County’s overall land use plan provides.
Commissioner McLean asked Attorney Rodriguez what he means when he says A-1. Attorney Rodriguez stated the A-1 the neighbors have is one in which they could have horses and any of the other possible ventures and agrarian uses. It is a self-imposed restriction they have. He said if, for example, tomorrow there is a devastating natural event that tears this neighborhood apart and a new developer comes in, that A-1 restriction provided could change. He said he has seen enough development properties where, over time, the characteristics of this neighborhood may change and it may revert back. The applicant is asking for the same A-1 that everyone else has. She is not a member of the homeowners association and she should not be forced to be. He said the property to the east is A-1 and is not in Wingfield Reserve, and it enjoys much greater rights than Ms. Chalfant does currently.
Commissioner Carey discussed with Attorney Rodriguez that Ms. Chalfant has never come before the Board for subdividing her property. She also discussed the web site that Ms. Chalfant has which indicates clearly that she is operating a business out of this property, which is a violation of the RC-1 code. She thinks that is why Ms. Chalfant wants the agriculture use, because then she could operate a pony business. She said she still doesn’t know that that would be compatible with the surrounding uses. She said as long as that is a subdivision as it is today, they are not allowed to have horses and they have a lot of other restrictions. She said there have been a lot of calls over the years regarding code enforcement issues. The Board does think there are issues on the property and there could be an access issue.
Alison Stettner, Planning Manager, addressed the Board to state access was the primary issues and Ms. Chalfant did come in for a pre-application meeting for subdividing the property, but she never made the final formal application. She said the access Ms. Chalfant desired was a power easement. If Ms. Chalfant comes in for access off Wingfield Drive, staff would evaluate it at that time.
District Commissioner Carey stated that while a lot of the surrounding areas are A-1, they are A-1 in limited size and have other restrictions that don’t allow them the ability to have horses so she doesn’t think this request is compatible. She said the larger parcels around Ms. Chalfant are all zoned RC-1 and she thinks that was done specifically to control what was going on in the area and to not allow agricultural uses and all the things that come with it. A-1 zoning allows many things that would not be compatible to have adjacent to these residential homes. She said if Ms. Chalfant wants to bring an application before the Board for subdividing her property, the Board will be happy to consider that.
Motion by Commissioner Carey, seconded by Commissioner McLean, to deny the request for a rezone from RC-1 (Country Homes) to A-1 (Agriculture) for 5+/- acres located on the west side of Markham Woods Road, approximately ½ mile north of E.E. Williamson Road; as described in the proof of publication, Marjorie Chalfant/Jeffrey Hensley, and authorize the Chairman to execute the Denial Development Order, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey said she still believes there are code violations on the property and she would like to have staff continue to check into that.
Ms. Stettner stated she would take care of that.
Chairman Dallari asked Ms. Stettner to meet with the Commissioners individually and give them an update.
Commissioner Carey submitted all e-mails (received and filed) she received regarding this public hearing, including the e-mail from Dr. Bledsoe.
STOCKBRIDGE PUD MAJOR AMENDMENT/
CONGREGATION OF BETH AM,
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a Major Amendment to the Stockbridge PUD for Tract 7 and a portion of Tract 5, and approval of the revised Final Master Plan and Addendum #5 to the Stockbridge PUD Developer’s Commitment Agreement, for 1.54+ acres located at the intersection of N. Line Drive and Sand Lake Road; Congregation of Beth Am, Incorporated/Steve Mellich, received and filed.
Ms. Williams presented the request, stating the applicant is requesting the PUD Major Amendment to allow for a change in location of the access point along with modifications to the setbacks and buffering along the east side of the property. Due to a change in traffic patterns, the applicant proposes to relocate the access from Sand Lake Road to N. Line Drive in order to provide a safer access into the site. The amendment also includes a modification to the active/passive buffer and setback design standards along the east side of the property, which is adjacent to the residential neighborhood. The modification would include a setback reduction from 25 feet to 23 feet to allow for a portable classroom and a landscape buffer reduction from 25 feet to 15 feet along the existing parking area. The staff finds that the proposed access relocation is compatible to the site and the adjacent local roads providing better traffic flow and access to the site. Staff also finds that the proposed setback and buffer modification does not adversely affect the residential property to the east, since the existing buffer has been in place for several years, and the setback reduction is not substantial. The P&Z Commission voted unanimously to recommend approval of the request. Staff is also recommending approval of the request and Final Master Plan and Addendum #5 to the Stockbridge PUD Developer’s Commitment Agreement.
Steve Mellich, Mellich-Blenden Engineering, 1177 Louisiana Avenue, representing the Congregation of Beth AM, addressed the Board to state it was the relocation of this access that is requiring them to relocate an existing portable classroom. In order to accommodate the Fire Department’s restrictions for separation, they encroached into the building setback by just a little over one foot. He said they concur with the staff’s recommendation.
District Commissioner Van Der Weide said having the entrance on Line Drive will be a huge improvement over having it on Sand Lake Road. In his opinion, it looks like a win-win situation.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve the request for a Major Amendment to the Stockbridge PUD for Tract 7 and a portion of Tract 5, and approve the revised Final Master Plan and Addendum #5, as shown on page _______, to the Stockbridge PUD Developer’s Commitment Agreement, for 1.54+ acres located at the intersection of N. Line Drive and Sand Lake Road; as described in the proof of publication, Congregation of Beth Am, Incorporated/Steve Mellich, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 4:35 p.m. and reconvened it at 4:40 p.m.
FY 2008/09 MID-YEAR BUDGET
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of the FY 2008/09 Mid-Year Budget Amendment Resolution, received and filed.
Lisa Spriggs, Fiscal Services Director, addressed the Board to present the request, stating the mid-year budget process is a comprehensive review and adjustment of the County’s current budget for FY 08/09. The Mid-year Budget Amendment FY 2008/09 booklet was received and filed. Ms. Spriggs gave a detailed review of the budget adjustment. She advised the adjusted Countywide budget for all funds after the amendment is $1,149,422,960, inclusive of transfers of approximately $33 million and budgetary reserves of approximately $235 million. Of the $235 million, General Fund Reserves are being adjusted from $37.4 million to $42.7 million which reflects approximately 20% reserve level and represents approximately two months of the operation budget.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Carey, to approve and authorize the Chairman to execute the FY 2008/09 Mid-Year Budget Amendment Resolution #2009-R-83, as shown on page _______, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
Edward Horvath, Mosquito Control Manager, addressed the Board to give a PowerPoint (copy received and filed) presentation on the Mosquito Control Program covering the following topics: Status; Statewide Comparison; Services Provided; Current Level of Service; Countywide Zones; Efficiencies and Savings; Consolidated Program; Partnerships; and Implementation Schedule.
The Board noted, for information, receipt of the Budget Amendment Status Report for FY 2008/09 for the period ending March 21, 2009.
Sabrina O’Bryan, Assistant County Manager, addressed the Board to give a briefing on legislative activities. She advised the Budget Conference began this afternoon. She has been informed that the session will be extended in order to deal with the budget issues. A final budget print will be on next Tuesday, which will allow for the 72-hour cooling off period with the intent of going to vote on Friday, May 8. She said that could change in a day, one way or another. She said the legislators are getting a little closer on the overall numbers and have closed the gap on the $500 million difference. They are still struggling over how the funds will be allocated to which programs. Her understanding is that what has not been heard by the Committee at this time will not be dealt with at the Committee level. There will be some decisions made by either the Senate President or Speaker of the House. Therefore, a few things may continue to move throughout the rest of the week, but not through the traditional committee fashion.
Ms. O’Bryan stated there has been some information in the newspapers related to efforts locally for folks to take a look at their current code enforcement structure and make sure they are able to continue to enforce the maintenance of surrounding homes. The Florida Bankers Association has said they accept the responsibility for maintaining the properties once they actually take title. She is reading into that that there is an initiative underway to put an amendment on an existing bill to allow the banks to not be responsible. She said that has not been identified at this point. She advised the Florida Association of Counties (FACo), Florida League of Cities, and the County’s lobbyists and other lobbyists will be looking to see if there is any amendment that might come up against what the BCC desires.
Commissioner Henley stated he hopes the Board takes the position to point out to the Legislative Delegation, as well as the leaders, the problems they are having with the banks having such a long time before they take possession. He said with the mediation required and such a backlog, this could go on for two or three years before the banks take possession.
Chairman Dallari said he thinks it behooves the Board to speak to their lobbyists and have them engaged in this, if the Commissioners have no objections to that.
Mr. McMillan said his staff will look at those. He said it has happened across the country where local governments have adopted local ordinances which have required banks to file something with the local government when they initiate foreclosure action. They keep a registry of pending foreclosures and put some burden on the banks to maintain the properties. He said his staff will do background research on that and see where they can go.
Chairman Dallari stated the Board is looking for something to protect the safety, health and welfare of the public. He asked Mr. Forte to inform the County’s lobbyist the consensus of the Board is for him to take on this matter. Ms. O’Bryan said she will follow through on that.
Ms. O’Bryan stated she can provide the Board with information she has on Growth Management and ag preemption efforts in the Springs Bill.
Upon inquiry by Commissioner Henley, Ms. O’Bryan stated the Charter County Parity legislation has passed out of both sides at this point. This is looking favorable.
Commissioner Carey asked what happened with Bill 274. Ms. O’Bryan said since the last Board meeting, there was an amendment filed that asks the Department to hold off until the studies are complete for each spring shed area. Commissioner Carey asked Ms. O’Bryan to reach out to Orange and Lake counties as she thinks it would be helpful for them to hear the presentation by Dr. Wanielista, because there are other alternatives beside the ones being pushed upon the counties. She asked if she could get the Stormwater pond group and staff to reach out to Sarasota and Marion counties, which might be helpful as they go through in developing the stormwater ponds. If it’s working, there may be some grant money available.
Chairman Dallari reported at the Mayors/Managers meeting, they talked about the Regional Expressway Authority and those in attendance were very much in favor of it. They are asking for a copy of a resolution to take back to their Board to try to get that approved and presented to the BCC. This would be all seven cities. Chairman Dallari said he is sending that out to the cities.
Chairman Dallari said he has the letter (not received and filed) to send to the appropriate authorities (as discussed at the last BCC meeting) about what the County is trying to do. He passed that to the Commissioners for their review and said if there are no objections, he will send the letter.
Chairman Dallari advised he and Ms. DeBord met with the city of Longwood about the CRA and they are very much in favor of that and will schedule that next month. It looks like the City will be joining the CRA.
Commissioner Henley asked how that will make the Commission look when they denied the city of Oviedo moving forward and they also have the request from Sanford. Chairman Dallari stated Oviedo did not give the County their redevelopment plan yet, and this is an existing CRA they are asking the city of Longwood to join. Further, the cities actually involved in the CRA will have to agree as well.
Commissioner Carey added that this is asking the City to participate in an existing CRA and is not creating a new one.
Chairman Dallari said Longwood has not agreed to it at this point. The matter will be coming back to the County Commission and the CRA Board for adoption.
Chairman Dallari said he was informed that there will be a presentation in Palatka on May 12 asking the St. Johns River Water Management Board to remove surface waters from the alternate water supply. That would hinder any future development of surface water from the St. Johns River. The County Commissioners have been asked to attend and if the Board wishes to do so, they need to move the May 12 BCC meeting. He said he thinks it is advantageous for as many as can to attend the meeting to show that if the County is going to be moving forward with the mandate of 2013 reducing the groundwater for use, they have to have alternate water supplies. The only alternate is the river. Discussion ensued.
Commissioner Carey said not all the Commissioners would be allowed to speak. The legal counsel and the technical staff should attend, so maybe it would make sense to have one designated member of the Board go and represent the Board. The BCC meeting can be held as scheduled.
Chairman Dallari said it would be advantageous to send one, if not two, Commissioners to show this is a serious issue.
Commissioner Van Der Weide suggested letting the Chairman decide if he wants to attend or have the Vice Chairman attend the meeting.
Chairman Dallari said he would make the decision within the next day. The only issue he has is there might be some questions in the BCC meeting and staff won’t be present to answer because of being in Palatka.
Mr. Forte said he was planning to attend, along with the Environmental Services staff and outside legal counsel.
Commissioner Carey said a good thing to do is have a letter drafted for all the Commissioners to sign and present it at the meeting.
Chairman Dallari said he would take that under advisement and move forward.
Chairman Dallari stated he was asked by the consultants on the Yankee Lake project to do a “My Word” column for the Sentinel. He said he is hesitant about doing that until the appeal process is over and he needs to have the Board approve that before it is sent out.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter (with attachments) dated 3/31/09 from David Johnson, Property Appraiser, to Chairman Dallari re: 2008 Final Certification Taxable Values (Seminole County Unincorporated Stormwater Management) and Summary of Actions by the Value Adjustment Board.
2. Letter (with attachments) dated 3/31/09 from David Johnson, Property Appraiser, to Chairman Dallari re: 2008 Final Certification Taxable Values (Seminole County Municipal Fire District) and Summary of Actions by the Value Adjustment Board.
3. Letter (with attachments) dated 3/31/09 from David Johnson, Property Appraiser, to Chairman Dallari re: 2008 Final Certification Taxable Values (Seminole County Road Improvement District) and Summary of Actions by the Value Adjustment Board.
4. Letter (with attachments) dated 3/31/09 from David Johnson, Property Appraiser, to Chairman Dallari re: 2008 Final Certification Taxable Values (Unincorporated Seminole County) and Summary of Actions by the Value Adjustment Board.
5. Memorandum (with attachments) dated 3/31/09 from Tyra Miller, Property Appraiser’s Office, to Chairman Dallari re: DOR Forms DR 488, 2008 Certificates of Value Adjustment Board for Real Property and for Tangible Personal Property.
6. Copy of letter (with attachments) dated 4/1/09 from Stephen Noto, City of Lake Mary, to Chairman Dallari re: voluntary annexation of Colonial Properties on International Pkwy.
7. Letter dated 3/13/09 from U.S. Senator Mel Martinez to Chairman Dallari re: federal funds for Seminole County’s appropriations projects.
8. Notice of 5/5/09 Altamonte Springs public hearing re: drainage easement at 750 Orienta Ave.
9. Copy of letter dated 4/7/09 from Julia Thompson, Parks & Recreation Manager, to Michael Vinacke in appreciation of donation in honor of Kylie Erin Vinacke.
10. Letter dated 4/9/09 from Ana Viamonte Ros, MD, State Surgeon General/DOH, to Chairman Dallari re: nitrogen reductions in the Wekiva Study Area.
11. Copy of letter (with attachments) dated 4/13/09 from R. Alexander Glenn, Progress Energy, to BCC re: Progress Energy 3/20/09 rate request to the Public Service Commission.
12. Copy of letter dated 4/16/09 from Brian Short, Republic Services, to Cindy Coto, County Manager, re: contract negotiations with haulers in lieu of the RFP process.
13. Copy of letter dated 4/14/09 from Chairman Dallari to FL Representative Sandy Adams re: SB 1662 and HB 5107, County Public Health Departments. (IDENTICAL LETTERS SENT TO OTHER LEGISLATIVE DELEGATION MEMBERS: FL Senators Thad Altman, Carey Baker, Lee Constantine, Andy Gardiner; FL Representatives Chris Dorworth, Alan Hays and Scott Plakon)
14. Copy of letter dated 4/14/09 from Chairman Dallari to Cyndi Stevenson, St. Johns County Commission Chairman, re: Yankee Lake project and water conservation. (IDENTICAL LETTER SENT TO: John Peyton, Mayor of Jacksonville)
15. Copy of letter dated 4/15/09 from Chairman Dallari to FL Representative Sandy Adams re: opposition to expansion of gambling in Seminole County or any municipality within Seminole County. (IDENTICAL LETTERS SENT TO OTHER LEGISLATIVE DELEGATION MEMBERS: FL Senators Thad Altman, Carey Baker, Lee Constantine, Andy Gardiner; FL Representatives Chris Dorworth, Alan Hays and Scott Plakon)
16. Letter dated 4/16/09 from Chairman Dallari to U.S. Congressman John Mica re: state and federal funding for SR 46. (IDENTICAL LETTERS SENT TO OTHER LEGISLATIVE DELEGATION MEMBERS: U.S. Congressmen Alan Grayson and Bill Posey, and to Congresswomen Corrine Brown and Suzanne Kosmas)
17. Copy of Resolution 2009-R-71, adopted 4/14/09, re: Seminole Behavioral Healthcare Crisis Stabilization.
18. Copy of Resolution 2009-R-72, adopted 4/14/09, re: opposition to HB 5121, New Solid Waste Disposal Tipping Fees.
19. Copy of letter dated 4/21/09 from Chairman Dallari to John Bush, Winter Springs Mayor, re: annexation of enclaves.
20. Letter dated 4/14/09 from Ann Moore, SJRWMD Governing Board, to Chairman Dallari re: 5/8/09 Projects & Land Committee meeting to discuss Middle St. Johns River Basin Surface Water Improvement/Management Program; Wekiva River system water quality restoration challenges; and Surface and groundwater nutrient contribution considerations.
21. Notice of 4/29/09 Sanford public meeting re: zoning of portions of Palmetto Ave., Sanford Ave., Celery Ave. and Mellonville Ave.
22. Letter dated 4/17/09 from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: relocated channels.
23. Notice of 4/23/09 City of Casselberry Board of Adjustment public hearing re: variance at 609 Laurel Way.
24. Letter dated 4/13/09 from Patricia Northey, Volusia County Council, to Chairman Dallari re: St. Johns River-to-Sea Loop.
25. Letter dated 4/20/09 from Gerald R. Briggs, DOH, to Chairman Dallari re: septic systems and the proposed Wekiva rule.
26. Copy of letter dated 4/22/09 from Bryan Nipe, Greenways & Natural Lands Manager, to Patty Kittle in appreciation of donation in memory of Gladys Heyer.
27. Letter (with attachments) dated 4/14/09 from Jacqueline Byers, NACo, to Chairman Dallari re: Human Resource Directors survey.
28. Letter dated 4/21/09 from Nicholas Mcray, City of Sanford, to Chairman Dallari re: Project Open House meetings for the planned Sanford police and fire headquarters.
29. Notice of 5/4/09 City of Oviedo public meeting re: non-statutory development agreement and master land use plan for Covenant Presbyterian Church.
30. Letter dated 4/22/09 from David Mealor, Lake Mary Mayor, and John Litton, City Manager, to Chairman Dallari re: Lake Mary water treatment plant outage.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey reported that the Boy Scouts Eagle Dinner took place and they honored Ms. Dede Schaffner. They raised over $155,000 for the Seminole County Boy Scouts. She thanked the community for all their support.
Commissioner Carey said May 10 is Mother’s Day and she asked all to remember their mothers.
Commissioner Dallari stated he will attend this weekend the Metroplan Conference for new Board members in Tampa, leaving on Friday.
Commissioner Dallari advised that this weekend will be the closing of the Central Florida Fair for 4-H and this year is the 100th anniversary for 4-H. He was given lapel pens to distribute to the Commissioners, County Manager and County Attorney. Also, this past Sunday was the 4-H livestock auction at the fair. For both the steer and swine category, Seminole County 4-H had the highest bids.
Commissioner Dallari stated he attended, and also Commissioner McLean, the Taste of Oviedo a couple of weeks ago. This past Saturday, he gave the welcome at the Conference for the Catholic Women’s Diocese. He noted that the conference will be here for the next five years.
Commissioner McLean reported that SunRail is now in the Florida Senate. Congresswoman Brown and Congressman Mica have been in Tallahassee. Hopefully, they will get it passed but things are still very tenuous.
Commissioner McLean stated he received a request from the Geneva Rural Heritage Center. It is a citizen-run organization and they are trying to raise money to put the center together. The cost for the development fees is a little over $3,300. Since this is a unique educational opportunity and is a citizen association, he asked if the Board would waive the development fees for this effort.
Mr. McMillan said he believes these are all land use planning and development fees. The fees the Board can’t waive are impact fees and solid waste and bonded revenue fees. Even when waiving most of the fees, the Board usually requires the advertising out-of-pocket costs to be paid.
Ms. DeBord advised the Board why the rezoning is needed to be able to become a not-for-profit activity center site and meet all the land use and zoning requirements.
Commissioner Carey said she has concern about that.
Ms. DeBord stated the Board could restrict the use as the use that is defined in the PUD zoning.
Chairman Dallari asked Mr. McMillan to meet with Ms. DeBord and give the pros and cons for this. He wants to make sure the Board is not setting up a precedent and consequences to have issues with other organizations next year.
Ms. DeBord suggested perhaps with Commissioner McLean, who has more background information, they can present this to the Board at the next meeting.
Commissioner McLean said he had the chance to attend for Commissioner Henley the activity (historical marker) designating the Altamonte Hotel.
Commissioner McLean announced that former Commissioner Randy Morris’s daughter, Rachel, finished first runnerup in the Miss Lake Mary Scholarship Pageant and he expressed congratulations to her.
Commissioner Van Der Weide stated everything is going fine and he is continuing to meet with the Committees he has been assigned to.
Commissioner Henley stated he thinks they need to publish and recognize the letter sent to the Chairman regarding the support given to Lake Mary when they had the complete water treatment plant failure due to the lightning strike. The letter said the County staff was a tremendous help and went above and beyond what was required. He said one statement in the letter concerned him regarding the failure to activate the reverse 9-11. He asked if anyone knows if that is operable now or what was the problem.
Chairman Dallari asked Mr. Forte to find out what happened with this.
Commissioner Henley advised he asked the County Manager to find out if it would be legal or not to use CDBG funds to purchase the Rosenwald School. He said that is a tremendous site that is in real good shape. He would like to know if there is interest for staff to pursue the possible purchase.
Commissioner Carey said if the School Board owns the school, there are a lot of them the School Board has given to people to use for the benefit of the public. The only concern she would have is they have a lot of projects that are multi-use that are CDBG now, but she is not sure when the funds would be available.
Mr. Forte advised the 2009/10 CDBG funds will come to the Board on May 12 for approval, so they have been allocated. There is an additional $600,000 funding coming in that has not been allocated.
Chairman Dallari said he knows the Community Service group is also looking at a couple of other organizations to do something similar. One is Safehouse.
Commissioner Henley said Head Start is another group looking for space.
Commissioner Carey said Head Start is looking at the school in Midway.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:40 p.m., this same date.