BOARD OF
MAY 23, 2006
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, May 23,
2006, in the SEMINOLE COUNTY SERVICES
BUILDING at
Present:
Chairman
Vice Chairman Bob Dallari (District 1)
Commissioner Randy Morris (District 2) (Late)
Commissioner Dick Van Der Weide (District 3)
Commissioner Brenda Carey (District 5)
County Manager Cindy Coto
Deputy Clerk Sandy McCann
Pastor J. Earl Welch,
AWARDS & PRESENTATIONS
Commissioner Morris entered the meeting at this time.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-116, as shown on page _______, commending Jimmie R. Brown, Lead Inspector, Roads/Stormwater Division, Public Works, for his 30 years of service to Seminole County and its citizens upon his retirement.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Jimmy Beach, who accepted on Mr. Brown’s behalf.
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Motion by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate Resolution #2006-R-117, as shown on page _______, proclaiming Thursday, May 25, 2006 as “National Missing Children’s Day”.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Nina Thompson, Executive Director, Missing Children Center, Inc.
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Steve Watts, Public Safety Division
Manager, addressed the Board to advise
Dennis Decker addressed the Board to advise
in 2001
Chairman Henley expressed the Board’s appreciation.
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Joe Montisano, CEO of the Central Florida
Zoo, addressed the Board to give a PowerPoint presentation (not submitted for
the Record) on the progress the Zoo has made.
He discussed the new construction of the
Chairman Henley stated the Board appreciates the effort of the Zoo obtaining private sector funds for their expansion.
PUBLIC HEARINGS
Consent Agenda Items #5 through #31 were presented for action.
At the request of Commissioner Morris, Community Resources Manager, David Medley, addressed the Board to discuss Item #7, 2006/2007 One-Year Action Plan of the 2005-2009 Five-Year Consolidated Plan (City of Sanford/Goldsboro & Georgetown sidewalks). Commissioner Morris stated he does not remember the Board allocating over half of the One Cent Sales Tax to this area.
Dr. Medley advised staff will be having
discussions with
Commissioner Morris advised the City already has not honored another repayment plan.
Commissioner Carey stated she brought up this same issue with staff and that is why they are going to talk to the City about reimbursement.
Upon inquiry by Chairman Henley,
Commissioner Morris requested to see a report on the sidewalk allocation.
Commissioner Carey said the other two items she has concerns about are the Clearance Program and the small amount of money earmarked for medical assistance.
Dr. Medley stated that they are going to be doing an evaluation of the programs to make sure they are carried out in a timely manner and will report back to the Board.
Upon inquiry by Commissioner Morris, Rob Heenan, CDBG, addressed the Board to advise he anticipates between $100,000 and $200,000 will roll over from the 2006 program. Commissioner Morris requested a briefing from staff on how the program was modified from last year.
Dr. Medley advised they will be coming back to the Board the second meeting in July so there will be an opportunity for changes to be made to the program.
Motion by Commissioner Carey, seconded by Commissioner Morris to approve and authorize the following:
Community Services
5. Approve and authorize Chairman to execute the Interagency
Confidentiality Agreement, as shown on page _______, with the Department of
Juvenile Justice, State of
Community Assistance
6. Approve and authorize Chairman to execute Satisfaction of Second Mortgage, as shown on page _______, for the following households assisted under the SHIP Home Ownership Assistance Program and the Emergency Repair Housing Program: Yvonne D. Clinton, Virginia Hall & Evelyn Alexander, Shannon J. Maurent & David Alvarado, Loliesa Janine Redden, Terri Lee Walter, and Joycelyn Michelle Wright.
7. Approve the Community Assistance staff to publish the proposed list of activities for the 2006-2007 One-Year Action Plan of the 2005-2009 Five-Year Consolidated Plan for a 30-day public comment period, prior to final approval by the BCC.
MSBU
16. Approve and authorize the Chairman to execute
the Satisfactions of Lien, as shown on page _______, for the Oak Park/Belle Meade Wall Reconstruction
MSBU as follows: Mary J. Grooten, David
W. Rogers & Sheril A. Wilson, Sergio & Judy Bernardi, Ramon &
Evelyn Cordero, Janet Parker, Edward & Celeste Mackenzie, Thomas P. &
Hyla J. Abelmann, Darla S. Sparrow, Trustee.
Purchasing
17. Approve Amendment #3, as shown
on page _______, to PS-5120-02/BJC – General Engineering Consultant Services to
Support Seminole County Public Works Department Agreement – PBS&J of
18. Approve Mutual Termination, as
shown on page _______, for RFP-4228-04/GMG – Term Contract for Gasoline and
Diesel Fuel Purchase, with Mansfield Oil Company,
Tourism Development
30. Approve and authorize Chairman
to execute an Agreement, as shown on page _______, between
31. Approve and authorize Chairman
to execute an Agreement, as shown on page _______, between
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Carey to approve and authorize the following:
Litigation
32. Approve proposed negotiated settlement relating to Parcel
Numbers 113/713, Garcia property, on the
33. Approve proposed negotiated
settlement relating to Parcel Number 115,
34. Approve proposed negotiated
settlement relating to Parcel Number 114, Sanville property, on the
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk’s Office
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey to approve and authorize the following:
35. Expenditure Approval Lists, as shown on page
_______, dated April 24 & May 1, 2006; and Payroll Approval List, as shown
on page _______, dated April 20, 2006.
36. BCC Official Minutes dated April 25, 2006
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Warranty
Deed, as shown on page _______, for Sidney Vihlen and Partial Release of
Mortgage for Sun Bank, N.A., relative to New Upsala.
2. Partial
Release of Lien, as shown on page _______, for Florida Dept. of Environmental
Protection relating to MM Smith’s Second Subdivision.
3. Warranty
Deed and Marriage Affidavit, as shown on page _______, for Bobby & Janet
Garner relating to MM Smith’s Second Subdivision.
4. Warranty
Deed, as shown on page ________, for Travidian Investment Group, Inc. relating
to MM Smith’s Second Subdivision.
5. Letter
to
6. Letter
to
7. Memorandum
to Sharon Peters,
8. Art
Exhibition Agreement, as shown on page _______, with Jim Becker.
9. Second
Corrected Utility Easement/Lift Station Agreement, as shown on page ________,
with Seminole County School Board.
10. IFB-3133-06 Contracts, as shown on page
_______, for Purchase of Sheeting and Lettering Materials for Traffic Signs
with Avery Dennison and 3M Company.
11. RFP-4265-06 Contract, as shown on page
_______, for Landscaping Maintenance Services with Ott Landscape Maintenance,
Inc.
12. Assignment, as shown on page ________, of
Solid Waste and Recycling Services for County Facilities Term Agreement
IFB-3090-04 with Onyx Waste Services Southeast, Inc.
13. Amendment #1 to M-490-05 Contract, as shown on
page _______.
14. Work Order #4, as shown on page _______, to
PS-5127-02.
15. Work Order #51, as shown on page _______, to
PS-5130-02.
16. Amendment #1, as shown on page _______, to
Work Order #11 to PS-5144-03.
17. Work Order #5, as shown on page _______, to
RFP-4108-01.
18. Work Order #44, as shown on page _______, to
PS-5130-02.
19. Amendment #1, as shown on page _______, to
Work Order #12 to CC-1188-02.
20. Work Order #16, as show non page _______, to
PS-566-00.
21. M-0716-06 Contract, TLC Diversified, Inc., as
shown on page _______.
22. Work Order #29, as shown on page _______, to
CC-1262-05.
23. Work Order #52, as shown on page _______, to
PS-5130-02.
24. Work Order #13, as shown on page _______, to
CC-1252-04.
25. Work Order #3, as shown on page _______, to
PS-5164-04.
26. M-0920-06 Basic Contract, Real Estate Research
Consultants, as shown on page _______.
27. M-0859-06 Basic Contract, R.B. Marks
Construction, as shown on page _______.
28. Work Order #48, as shown on page _______, to
PS-5150-03.
29. Letter to Seminole County Industrial
Development Authority from Daniel Livermore, Jr., Livermore, Freeman &
McWilliams, P.A., relating to $67,000 Industrial Development Revenue Bonds,
Series 1985.
30. Letter to
31. Letter to
32. Maintenance Bond, as shown on page ________,
in the amount of $1,303.75 for Sonny’s Restaurant at Oviedo Marketplace, and
Maintenance Bond #70060329 in the amount of $6,000 for The Gathering Place
Worship Center.
33. Bids as follows: IFB-600030-06 and RFP-600007-06, as shown on
page _______.
Sheriff’s Office
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
38. Adopt appropriate Budget Amendment Resolution #2006-R-126, as shown on page _______, in the amount of $41,525 from the Bureau of Justice Assistance (BJA) to the Sheriff’s Office budget to underwrite crime and improve public safety.
39. Approval by the Board to expend $1,000 from the Law Enforcement Trust Fund to contribute to the Grove Counseling Center in support of its substance abuse programs.
40. Approval by the Board to expend $1,000 from the Law Enforcement Trust Fund to provide for a contribution to Elizabeth House, Inc. to assist those who are victims of domestic violence.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Discussion ensued between the Board and Chief Penny Fleming of the Sheriff’s Office with regard to the request to purchase a replacement helicopter.
Commissioner Carey stated she would propose a lump sum payment and not go through a lease purchase. She added that would save $200,000. She also suggested the Sheriff pay back the $1,750,000 over the next four or five years.
Chief Fleming addressed the Board to advise the Sheriff’s Office supports the one-time payment.
Chairman Henley and Commissioner Morris both agreed that the helicopter should not be financed.
Motion by Commissioner Carey, seconded by Commissioner Van Der Weide to approve Budget Amendment Resolution #2006-R-128, as shown on page _______, in the amount of $1,250,000, Reserve Sheriff’s Contingency - General Fund, transferring same from the Sheriff’s Office Stabilization Reserve Account to the Sheriff’s office Capital Budget for use in the purchase of a replacement helicopter; and direct that the remaining payment of $1,750,000 associated with the acquisition of the new helicopter will be fully funded in FY 2006-2007, with the Sheriff to pay back this money from either the Stabilization Fund or his budget over the next one to two years.
Under discussion, Commissioner Dallari asked if Commissioner Carey would remove the one to two year time limit, stating he thinks that detail needs to be worked out. Whereupon, Commissioner Carey stated she does not have a problem amending her motion and taking out the one or two years because it may take longer than that.
Districts 1, 2, 3, 4 and 5 voted AYE.
Supervisor of Elections
Motion by Commissioner Carey, seconded by Commissioner Morris to approve and authorize the Chairman to execute the Certificate Regarding Matching Funds, as shown on page _______, contained within the Memorandum of Agreement for Poll Worker Recruitment and Training Grant between the Florida Department of State and the Seminole County Supervisor of Elections; and adopt appropriate Budget Amendment Resolution #2006-R-127, as shown on page _______, in the amount of $70,252, Poll Worker/Recruitment Fund.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Chairman recessed the meeting at 10:25 a.m., reconvening it at 10:35 a.m.
REGULAR AGENDA
Jeffrey Ling, Evergreen Solutions, LLC, addressed the Board to present the Pay & Classification Study Summary. Copy of PowerPoint slides was received and filed. He reviewed the following: new pay structure; implementation cost, implementation method, benefits, and bonuses.
Upon inquiry by Commissioner Dallari, Mr. Ling advised they did an analysis on “compression” to determine if individuals had become compressed because of the actions of the County; and they are proposing some adjustments when “compression” has occurred which is not a result of performance. He further advised that they have determined that 85 positions have been affected by “compression” and of that, there are only 15 or 16 that have resulted from true “compression”.
Commissioner Morris questioned how is Human Resources going to identify “compression” and keep it constant from year to year.
Mr. Ling said “compression” is a fundamental problem with most organizations and Human Resources is going to have to maintain a system to track the impact.
Commissioner Dallari stated true performance evaluations are needed.
Chairman Henley suggested that part of “compression” might be minimized if the County changes the way they do merit pay – possibly going to a bonus system.
Commissioner Morris pointed out that bonuses would not affect the retirement structure because it is a separate one-time pay. He suggested modifying the current contract with Mr. Ling and expand it to include a review of the performance and evaluation system, bonus and merit pay, and training.
Purchasing Manager, Ray Hooper, addressed the Board to advise Mr. Ling’s contract would need to be amended by the BCC because it is over the 5% threshold.
Chairman Henley said he does not believe
the
Commissioner Dallari stated he would also like the consultant to review the benefits package.
At the request of Chairman Henley, Mr. Ling stated he will share the information regarding other counties with the Board.
Commissioner Carey commented that by the time the consultant finishes the additional analysis, the Board will be in their budget cycle and will be able to know the full cost of this.
Ms. Coto stated that estimates should be available at that time. She expressed her concern with the timing of implementing a new performance evaluation system by October 1, 2006.
Commissioner Morris proposed bringing back the free holiday turkeys for consideration during the budget sessions.
Motion by Commissioner Morris, seconded by Commissioner Dallari to adopt the Pay & Classification Plan; and approve the funding of $3,500,000 for the implementation of solutions for the overall compensation plan effective October 1, 2006.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to direct staff to negotiate the expansion of the Consultant Contract #RFP-4264-05 with Evergreen Solutions, LLC, to provide performance evaluation, benefits analysis and training.
Under discussion, Commissioner Morris
requested that when the amended contract comes back for Board approval, that a
time line for implementation also be presented.
Commissioner Dallari included
Commissioner Morris’s request in the
motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
Director of Community Services, Phil Stalvey, addressed the Board to introduce Tom Reimers, Division Director for the State of Florida Department of Elderly Affairs.
Tom Reimers addressed the Board to discuss
Governor Bush’s statewide initiative for assisting
Todd Russell addressed the Board to advise
he and Commissioner Dallari worked to approve this initiative in the City of
Commissioner Carey and Commissioner Morris briefly discussed the ADA Lynx Transportation service and the lack of municipal funding for same.
Commissioner Van Der Weide stated this proposal sounds wonderful. He expressed his and senior citizens’ concerns that they will be priced out of their homes because of the increase in insurance rates and taxes.
Upon inquiry by Commissioner Morris, Public Works Director, Gary Johnson, addressed the Board to advise they are in the process of acquiring the necessary equipment for the timing of the crosswalks. He said he will obtain additional information and report back to the Board on this.
Upon inquiry by Commissioner Carey, Mr. Reimers advised his office will assist County staff in doing their evaluation of the County.
Commissioner Carey suggested establishing a County committee on elderly affairs.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to direct staff to do the necessary work on establishing a committee on elderly affairs, with same to be brought back to the Board for approval; and to direct that the proposed resolution proclaiming Seminole County as a Communities for a Lifetime partner be also brought back for adoption.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Carey, Mr. Reimers advised it would take at least six months for a full evaluation.
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The Chairman recessed the meeting at 11:29
a.m., reconvening at 1:30
p.m., with all Commissioners and all other Officials with the exception of
Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who
were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to authorize filing the proofs of publication
for this meeting’s scheduled hearings.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
APPEAL
BOA/MENZEL, Continued
Continuation
of a public hearing from May 9, 2006, to consider the Board of Adjustment’s
decision to deny a fence height variance from 6 feet 6 inches to 8 feet for an
existing fence, at
Ian
Sikonia, Planner, addressed the Board to present the request. He stated the applicant submitted last week a
petition (not received and filed) signed by the neighbors who have no
objections to the 8 foot tall fence.
District
Commissioner Van Der Weide advised his Aide made phone calls to some of the
neighbors and found that some are renters and some of the phones have been
disconnected. He said there is still a
lot of confusion on this.
No
one spoke in support or in opposition.
Commissioner
Van Der Weide said when he continued this item, he thought they could get this
all worked out and all the neighbors would be communicating, but it seems that
is not the case. There is still some
opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to uphold the Board of Adjustment’s decision
to deny a fence height variance from 6 feet 6 inches to 8 feet for an existing
fence, at
Chairman
Henley stated staff originally recommended the BCC deny the request. Also, the fence was put up without a permit
and the P&Z did not consider this a hardship.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE BIG BOYS
STORAGE/YVONNE CALDER
AND RANDY THOMPSON
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning 2.25 +/- acres from A-1 (Agriculture) to C-3 (General
Commercial & Wholesale) located on the north side of Mikler Road, 850 feet
west of SR 426; Yvonne Calder & Randy Thompson, received and filed.
Mr.
Sikonia presented the request, stating the P&Z approved the request by a
vote of five to two. Staff concurs and
recommends approval of the C-3 District.
Upon
inquiry by Commissioner Carey on the plans for buffering, Mr. Sikonia advised
the site plan is not required for a straight rezoning, but he thinks the
applicant is willing to do some buffering.
That issue would be addressed at the site plan review.
Commissioner
Morris stated he could not support this motion unless he could get some proper
plans on this. He said Commissioner
Carey was correct with her statements about protecting what can be seen from
the Beltway. He said he doesn’t know to
what extent 417 is elevated in this area, but that alteration could easily be
done.
Commissioner
Carey said if the applicant is trying to make this area first class, then have
outdoor storage that has no visual protection.
Randy
Thompson, applicant, addressed the Board to state he is planning to do some
landscaping, especially in front along
Upon
inquiry by Chairman Henley, Mr. Thompson said it was only mentioned to him
about an hour ago about requesting PCD zoning.
Commissioner
Morris said with the application for C-3 zoning, the Board could arbitrarily
approve PCD and lay down some parameters.
Mr.
Thompson advised Commissioner Carey that he is going to have open storage of
boats, trailers and RV’s. There will be
no physical structure within the fenced area.
Upon
inquiry by Chairman Henley about spillage and leakage from the boats, Mr.
Thompson said that is possible and he will monitor that as closely as he
can. He said if he sees that, he would
tell the owner to take care of it or remove the boat.
Mr.
Thompson said there are several other storage facilities like this in the area
already.
Commissioner
Morris stated there is clearly a need for off-street parking. He said when there is a rezoning the
applicant’s intent is one thing, but the land has other uses apart from that
intent. These uses go with the
land. The PCD zoning allows for some
restrictions that would probably monitor fairly closely what Mr. Thompson wants
to do.
No
one spoke in support or in opposition.
District
Commissioner Dallari said when it comes to this type use, he can see that in
this area; but as Commissioner Morris stated, the zoning goes with the land and
not the property owner. He believes this
should have some type PCD zoning so the concerns expressed would be
addressed.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to continue request to rezone 2.25
acres from A-1 to C-3 located on the north side of Mikler Road, 850 feet west
of SR 426, as described in the proof of publication, Yvonne Calder & Randy
Thompson, until the fourth Tuesday in July in order to properly address the
compatibility for PCD zoning and if there are additional costs for advertising,
the applicant should not be responsible for that.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE
FROM OP TO OP/FRANK RICCI
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning 0.98 +/- acres from OP (Office District) to OP (Office
District) located at 357 Wekiva Springs Road, on the west side of Wekiva
Springs Road and north of Springs Plaza, Frank Ricci, received and filed.
Michael
Rumer, Senior Planner, addressed the Board to present the request, stating the
P&Z unanimously recommended approval.
District
Commissioner Van Der Weide stated Mr. Ricci is trying to change the zoning to
have a two-story building, and there are neighbors who have already converted
to two-story buildings. He said Mr.
Ricci is really not asking for a whole lot compared to what’s already there.
Upon
inquiry by Commissioner Carey, Mr. Rumer advised there is no recorded joint
access easement on the property to the north, but the new site plan shows it
and there will be a cross access easement recorded after this process. Further, he advised he did not know if there
was a cross access easement on the property next to the subject property.
Frank
Ricci, representing the property owner, addressed the Board to state there is
an existing driveway between the two properties that will remain.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Morris, to approve and authorize the Chairman to enact
Ordinance #2006-29, as shown on page _______, to rezone 0.98 +/- acres from OP
(Office District) to OP (Office District), located at 347 Wekiva Springs Road,
on the west side of Wekiva Springs Road and north of Springs Plaza, based on
staff’s findings; as described in the proof of publication, Frank Ricci, and
approval of Development Order, as shown on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE FROM OP TO
PCD/ASSOCIATED
DESIGN &
CONSTRUCTION
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning 4.5 +/- acres from OP (Office) to PCD (Planned Commercial
Development) located on the west side of Wekiva Springs Road and the east side
of E. Lake Brantley Drive subject to the Preliminary Site Plan and Development
Order, Associated Design & Construction, received and filed.
Chairman
Henley advised that District Commissioner Van Der Weide has requested to
continue this item.
No
one spoke in support or in opposition to the continuance.
Mr.
McMillan advised the next BCC meeting is June 13, 2006.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey, to continue to June 13, 2006, the request to
rezone 4.5 +/- acres from OP (Office) to PCD (Planned Commercial Development)
located on the west side of Wekiva Springs Road and the east side of E. Lake
Brantley Drive, as described in the proof of publication, Associated Design
& Construction.
Districts
1, 2, 3, 4 and 5 voted AYE.
MAGNOLIA CORPORATE
CENTER REZONE/JACK REYNOLDS,
AMERICAN CIVIL
ENGINEERING CO.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider rezoning 4.89 +/- acres located at 2542 W. SR 426 from R-1
(Single-Family Dwelling) to PCD (Planned Commercial Development), Jack
Reynolds/American Civil Engineering Co., received and filed.
Tina
Williamson, Principal Coordinator, addressed the Board to advise staff
recommends approval of the rezoning subject to the Preliminary Site Plan and
Development Order. She said the P&Z
voted unanimously to recommend approval of the rezoning.
Upon
inquiry by Commissioner Dallari, Ms. Williamson showed on the site plan the
location of the trail in front of the property.
She advised Commissioner Carey that it was not discussed with this
request if any parking spaces would be designated for the trail. She said the Public Works office did not
require that during DRC.
John
Reynolds, American Civil Engineering Co., addressed the Board and introduced
Tom Ransami, property owner & developer.
Mr. Reynolds said they agree with the staff comments. He advised they have provided a cross access
easement, as requested by the County, to the parcel of property that is south
of theirs (Glover property), which is a parcel they do not have control over.
Howard
Glover, adjacent property owner, addressed the Board to state he will have
access through the subject property in the future and he wants to make sure he
is guaranteed access without any restrictions.
Commissioner
Carey stated the access will be recorded.
Chairman Henley assured Mr. Glover that he has been protected; the
access is part of the record and will go with the land.
Steve
Radcliffe,
Chairman
Henley stated that will be taken care of at engineering plan review.
No
one else spoke in support or in opposition.
Commissioner
Morris left the meeting room at this time.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to approve and authorize the Chairman to enact
Ordinance #2006-30, as shown on page _______, rezoning 4.89 +/- acres located
at 2542 W. SR 426 from R-1 (Single-Family Dwelling) to PCD (Planned Commercial
Development), subject to the Preliminary Site Plan and Development Order, as
shown on page _______; as described in the proof of publication, Jack
Reynolds/American Civil Engineering Co., based on staff findings.
Districts
1, 3, 4 and 5 voted AYE.
NW OREGON PUD MAJOR
AMENDMENT
SHUTTS & BOWEN,
LLP
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approving the NW Oregon PUD Major Amendment, Second Revised and
Restated Developer’s Commitment Agreement and Revised Final Master Plan for
property located on the northwest corner of the intersection of SR 46 and N.
Oregon Street, known as the NW Oregon PUD, Shutts & Bowen, LLP, received
and filed.
Ms.
Williamson stated staff is recommending approval of the PUD Major Amendment,
Developer’s Commitment Agreement and Final Master Plan and the P&Z voted
unanimously to recommend approval.
Commissioner
Carey stated she wants to make sure if this all comes in as retail that there
be adequate parking for the square footage.
Ms.
Williamson said the applicant will have to demonstrate that at the time of site
plan approval.
Commissioner
Morris reentered the meeting at this time.
Robin
Drage, Shutts & Bowen, representing the applicant, addressed the Board to
answer any questions.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to approve the Major Amendment, thereby,
enacting Ordinance #2006-31 rezoning to PUD, as shown on page _______; approve
the Second Revised and Restated Developer’s Commitment Agreement, as shown on
page _______; and approve the Revised Final Master Plan for property located on
the northwest corner of the intersection of SR 46 and N. Oregon Street, known
as the NW Oregon PUD, subject to the Second Revised and Restated Developer’s
Commitment Agreement; as described in the proof of publication, Shutts &
Bowen, LLP.
Districts
1, 2, 3, 4 and 5 voted AYE.
SEMINOLE BUSINESS CENTER
II
REZONE/WILLIAM
BURKETT
ENGINEERING, INC.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approving a request to rezone 7.77 +/- acres located between SR 46 and
Narcissus Avenue, 0.16 +/- miles east of Monroe Road, from A-1 (Agriculture) to
PCD (Planned Commercial Development), William E. Burkett/Burkett Engineering,
Inc., received and filed.
Ms.
Williamson presented the request, stating the staff recommends approval of the
rezone to PCD, subject to the Preliminary Site Plan and Development Order. She added that the P&Z also recommended approval subject
to same.
Commissioner
Morris asked questions about the landscaping scheme along the front of the
property and if the outparcel in Phase 3 will have some type cross access
easement. He suggested to District
Commissioner Carey that it would be prudent to have future cross access because
of the traffic on SR 46.
Bill
Burkett, Burkett Engineering, Inc., representing the applicant, addressed the
Board to state the issue of cross access was discussed, but staff determined
the cross access would not provide any benefits. That is why that was not included at this
point.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Morris, to approve the request to rezone 7.77 +/- acres located
between SR 46 and Narcissus Avenue, 0.16 +/- miles east of Monroe Road, from
A-1 (Agriculture) to PCD (Planned Commercial Development), thereby, enacting
Ordinance #2006-32, as shown on page _______, subject to the Preliminary Site
Plan and Development Order, as shown on page _______; as described in the proof
of publication, William E. Burkett/Burkett Engineering, Inc., with staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
WILLOW BROOK PUD SMALL
SCALE
LAND USE AMENDMENT AND
REZONE/
HARLING LOCKLIN
& ASSOCIATES, INC.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of a Small Scale Land Use Amendment from Low Density Residential
(LDR) to Planned Development (PD) and a rezone from A-1 (Agriculture) to PUD
(Planned Unit Development), on 9.44 +/- acres located on the southeast corner
of Red Bug Lake Road and Brooks Lane, Hugh Harling/Harling Locklin &
Associates, Inc., received and filed.
Ms.
Williamson presented the request, stating staff is recommending approval
subject to the Preliminary Master Plan and Development Order, based on the
staff findings. The P&Z voted
unanimously to recommend approval also subject to the Preliminary Master Plan
and the Development Order.
Upon
inquiry by Commissioner Dallari, Ms. Williamson stated there will be 15 feet of
landscape buffer and brick or masonry wall that parallels
Hugh
Harling, Harling Locklin & Associates, representing the applicant,
addressed the Board to state there will be a decorative wall. He distributed a booklet (copy received and
filed) of the location map and plans for the Brook’s Landing Townhomes and
described the plans, stating the elevation shown will be the ones
provided. There will be a homeowners’
association that will be in charge of maintenance and architecture review.
Commissioner
Dallari confirmed with Mr. Harling that (1) he is making a voluntary commitment
that the rendering presented, with exception of the color, will be the building
the applicant will build; (2) the homeowners’ association will be responsible
for architecture review and maintenance; and (3) commitment by the applicant
that the wall will be some type decoration that matches the architecture of the
site.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to enact Ordinance #2006-33, as shown on page
_______, approving a Small Scale Land Use Amendment from Low Density Residential
(LDR) to Planned Development (PD); and enact Ordinance #2006-34, as shown on
page _______, approving rezone from A-1 (Agriculture) to PUD (Planned Unit
Development), on 9.44 +/- acres located on the southeast corner of Red Bug Lake
Road and Brooks Lane, subject to the Preliminary Master Plan and Development
Order, as shown on page _______; as described in the proof of publication, Hugh
Harling/Harling Locklin & Associates, Inc., based on staff findings and
including the three voluntary commitments the applicant presented today.
Districts
1, 2, 3, 4 and 5 voted AYE.
CAMERON HEIGHTS
ADDITION - 2006
LARGE
AND REZONE/ROBERT
ZLATKISS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adopting an ordinance that includes the proposed map amendment from
Suburban Estates (SE) to Planned Development (PD); and adopt an ordinance
rezoning the 13.51 +/- acres from A-1 (Agriculture District) to PUD (Planned
Unit Development) for property located on the northeast corner of the
intersection of Beardall Avenue and Hughey Street; Robert Zlatkiss, received
and filed.
Tony
Walter, Planning Manager, addressed the Board to present the request, stating
that staff recently received a letter (copy received and filed) from the
Department of Community Affairs advising they have no objections or comments to
this request. He said staff is
recommending approval and enacting the ordinances to change the land use to
Planned Development and the rezoning to Planned Unit Development.
Chairman
Henley questioned staff about the school impacts and the need for having more
current information of other projects that might also impact the schools.
Dan
Matthys, Planning & Development Director, addressed the Board to advise the
staff is working with the
Chairman
Henley said he thinks that information is important and not having it is how
they come up with overcrowded schools.
Dave
Blount, Madden Engineering, representing the applicant, addressed the Board to
answer any questions.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to adopt and enact Ordinance #2006-35, as shown
on page _______, that includes the proposed map amendment from Suburban Estates
(SE) to Planned Development (PD); and adopt and enact Ordinance #2006-36, as
shown on page _______, rezoning the 13.51 +/- acres from A-1 (Agriculture
District) to PUD (Planned Unit Development), for property located on the
northeast corner of the intersection of Beardall Avenue and Hughey Street; as
described in the proof of publication, Robert Zlatkiss, and approve of the
Preliminary Master Plan and Development Order, as shown on page _______.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 2:26 p.m. and reconvened it at 2:35 p.m.
LEGISLATIVE
UPDATE
Susan
Dietrich,
Mr.
Brantley addressed the Board to state the Seminole County Legislative
Delegation was a pleasure to work with this year. He said he had never seen the cooperation
that they showed this year. He
acknowledged in particular three members who went the extra mile--Senators
Baker, Constantine and Webster.
He
explained that Senator Webster did an unbelievable job on the car rental
surcharge. Senator Baker was commendable
who proposed almost all the budget requests on the Senate side. Senator Constantine worked his heart out on
the deferred comp legislation, but it died the same death as it did last
year. He said the same member of the
House (Representative Negron) sat on the bill again as last year. He said he had never been treated the way he
was by Rep. Negron on this issue, and it was an abuse of legislative power. He suggested the Board members remind Rep.
Negron, whenever he passes through, that this issue was very important.
Mr.
Brantley stated he had received a call from DCM Sally Sherman that the County
had received a grant for the
Commissioner
Morris thanked Mr. Brantley for the voting history. He said the County also owes gratitude to
Senator Constantine on the cable franchise.
He asked about the Charter Home Rule issue for counties vs. cities.
Mr.
Brantley reported that
Commissioner
Morris commented he can understand when there are 400 plus cities and only 19
charter counties and the cities are targeting just the charter counties, but
some of the charter county brothers forget about the fight.
Mr.
Brantley said he would like for the County to start working a little earlier on
their budget requests. He said the
committee meetings start a long time before the sessions do. Any of the things they can get started to get
the Senate and House members to buy into the projects and even general bills to
get started long before the session opens would be extremely helpful. He encouraged everyone to try to spend some
time with their delegation members and explain to them in their own terms what
some of these battles between counties and cities are about and how they affect
you; where they come from; and why they should listen to your side a little
more.
Commissioner
Van Der Weide asked about “Save Our Homes” and homestead exemption. He said he feels it is just a matter of time
that something will happen. He said he
can see both sides of it. He asked how
long that will be held off.
Mr.
Brantley stated that bill passed this year that went from $25,000 to $50,000 on
homestead exemption; but it was narrowed to only low-income seniors. He said that got a lot of attention this year
and a lot of debate. He said he would be
shocked if it’s not back the next session.
Commissioner
Carey asked if they had had a longer list of funding request items, would they
have had more flexibility on finding a home for that $2 million referred to
previously.
Mr.
Brantley said as long as some of the projects fit and if they came out of the
same pot of money. Whereupon,
Commissioner Carey said next year, they will try to get a couple of projects in
the same pot.
Commissioner
Morris said he wanted to cite that in each case with his visits to
Representative Adams and Mealor, each did some particular little things the
County needed help with. He said this
was the first year he has seen all of them participating.
Chairman
Henley said he did write a letter to the Delegation thanking them for their
help.
Mr.
Brantley said the Board can be proud of the entire delegation this year. There was a lot more cohesion than in the
past and he really appreciated it.
CHAIRMAN’S
REPORT
Chairman
Henley asked if there was any interest by the Board to hold a workshop. He said he had a couple of items for
consideration. They had talked about a
shortage of workforce housing and they never did anything to resolve the
issue. He asked staff to research in the
area to see what is going on. He said
with all the projects coming through, pretty soon they won’t have any
opportunity to deal with it.
Commissioner
Carey said some of the staff attended a workshop in
Mr.
Fisher said he will prepare to give a briefing on June 13 and get further
direction from the Board at that time.
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Chairman
Henley asked what about a briefing regarding transportation issues concerning
distribution of funds if the Governor does not veto it. They also need to discuss the routes the
County pays for from Lynx. He said he is
getting some calls from citizens requesting services. They may need to take a look at growth and
see where they need to better serve.
Commissioner
Dallari said he would like to look at that and also get an update on the
shelters at the same time.
Commissioner
Carey said the
Chairman
Henley said they need to look at the impact of commuter rail.
Commissioner
Van Der Weide said he doesn’t want to spend all the potential $2 surcharge
money at this point.
Chairman
Henley said no, but he thinks they ought to start studying and looking at what
the potential impact down the road is going to be.
Commissioner
Dallari asked how the increase in fuel has that been affecting Lynx.
Chairman
Henley stated significantly; the ridership is up.
Commissioner
Carey said they still need to find a dedicated funding source for Lynx.
Commissioner
Morris stated the problem with a dedicated funding source for transit is it’s
going to be very difficult to get a majority vote. He said a lot will depend on the announcement
on commuter rail.
Commissioner
Carey said in another 30 days they should know the outcome of the $2 surcharge.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated
2. Memorandum
dated
3. Letter
dated
4. Letter
dated
5. Letter
dated
6. Notice
and agenda of rescheduled board meeting to
7. Letter
dated
8. Letter
dated
9. Letter
undated to
10. Letter dated
11.
12. Copy of letter dated
13. Memorandum dated
14. Copy of memorandum dated
15. Copy of memorandum dated
16. Contractor Demographic Change Form, as shown
on page _______, for Margaret Reedy.
17. Memorandum dated
18. Copy of letter dated
19. Copy of letter dated
20. Copy of letter dated
21. Letter dated
22. Copy of letter dated
23. Letter dated
24. Copy of letter dated
25. Letter dated
26. Memorandum dated
27. Letter dated
28. Notice to abutting property owners regarding
home occupation from the City of Lake Mary.
(cc:
29. Notice of postponement and rescheduling of
rezoning public hearing for the City of Lake Mary regarding the Waterside Development
to
30. Letter dated
31. Copy of letter dated
32. Copy of letter dated
33. Copy of letter dated
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Carey announced the second annual Hurricane Preparedness Sales Tax Holiday just
recently began; and she urged all citizens to take advantage of that.
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Commissioner
Carey further announced that Memorial Day is Monday and the County government
and all the cities will be closed. The
City of
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Commissioner
Van Der Weide stated the County has a place at Five Points they have talked
about for fallen police officers. There
is some movement in
Commissioner
Carey said in
Upon
direction of Commissioner Van Der Weide, Jerry McCollum, County Engineer,
addressed the Board to state on the Wekiva Springs Road Trail where the bridge
goes down to the fish camp, a World War II Jungle Training Camp was located
there where the soldiers trained to go to the Philippines, etc. He said you can still find equipment there
where the soldiers trained.
Commissioner
Morris stated the concept the Board discussed was for the Courthouse site at
Five Points and it was county-wide for all police officers--Sheriff officers,
firefighters and those who died in the military. He said what they need to do is acquire the
land so they know what they can put on it.
Commissioner
Morris stated if they don’t know what the Board wants, they don’t know how to
design it. Staff was instructed to look
at the auto dealership. Depending on
what goes on the wetlands site, this could be a nice reflective park of two to
three acres. He said these things need
to be discussed.
Chairman
Henley asked Ms. Coto to arrange a meeting with Glatting Jackson and
Commissioner Morris on this concept.
Whereupon,
Commissioner Carey said to include her; and stated Commissioner Morris and
Commissioner Van Der Weide should be on the committee also.
Ms.
Coto said this was the first time she has heard about the aspect of the
military being included. She understood
this was for the policemen, Sheriff deputies, and firefighters.
Chairman
Henley explained the memorial was originally proposed for law enforcement but
it was expanded when the Board decided they wanted to do something at Five
Points.
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Commissioner
Morris asked for an update on the water for
Ms.
Coto said she understood there was a proposed 4” extension to serve the
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Commissioner
Morris stated the Casselberry CRA is requesting an extension for 10 years. He advised the newspaper said
Chairman
Henley said he thinks Commissioner Morris has full support on that as they all
have concerns about that.
Commissioner
Van Der Weide said he wonders if it is not prudent for the
Chairman
Henley stated it is getting to be a sizeable chunk of money coming off the
top. He said he received the completed
annual report from
Commissioner
Morris said they should have an agreement among them that they will not consider
any extension of the CRA until they have this issue resolved. He said he thinks this problem is going to be
peculiar with
Commissioner
Morris said as far as he knows, all accounts are current for the 17-92 CRA and
everyone is paid.
Commissioner Van Der Weide commended
the Mayor of Casselberry who brought this to his attention. He said it is amazing what they turn up when
they start looking at details. He added
that he brought this to Ms. Coto’s attention that the money was put into the
General Fund rather than the CRA fund.
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At
the request of Commissioner Morris, Public Works Director, Gary Johnson,
submitted a report (copy received and filed) to the Board on crosswalk
timers. He said installation of timers was
not budgeted in the current budget, but eight intersections have already been done
through the operating budget. This
includes a countdown timer at the Trail crossing. He reviewed the report submitted. He said staff will be including these in any future
designs for County projects.
Commissioner
Morris said this is good news; but this is only eight out of 400
intersections. He thought the County
would be ahead of the class on this but they are not. He would like to see a very aggressive policy
for these. He said they should be at the
high schools, where senior citizens are living, and at those crosswalks leading
to churches. He further said
Mr.
Johnson said staff could prepare a program for the Board’s consideration during
the budget process.
Upon
inquiry by Chairman Henley, the Board gave consensus
for a more aggressive program, particularly taking care of the high schools
first.
Mr.
Johnson advised this could approach $1 million for equipment cost. He said he will bring this back during the
budget workshop for the Board’s consideration.
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Commissioner
Dallari asked about the issue with maintenance of the traffic lights.
Mr.
Johnson advised an agreement is drafted and staff is currently waiting to hear
from the risk liability insurance carrier.
He said the cities are anticipating an increase in cost. Discussion ensued.
Mr.
Johnson said he believes the current agreements have expired.
Commissioner
Dallari said he believes Mr. Fisher sent notices to all the cities for the
30-day cancellation. However, Mr.
McMillan said he did not think the terminations were sent out. He believes Mr. Fisher held off so no
agreements have expired.
Mr.
Fisher advised he sent notices to the cities that the County would be
terminating the agreements. He put the
cities on notice in February or March.
He said staff has been pushing the consultant to give them some liability
cost amounts. He added that he was told
that it would take 45 to 60 days to receive those costs.
Chairman
Henley asked if staff could come back at the next meeting. He asked Mr. Fisher to get the legals and
give the Board something to work on.
Commissioner
Morris said he wanted to have numbers before June. He suggested the County get out of this
business as they are losing money.
Whereupon, Mr. Fisher said he will bring this item back in June.
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Commissioner
Van Der Weide said from the legislative report, there seems to be some
additional trail money available. Their
friends in Longwood have been trying to get their trails funded. The City of Winter Springs reviewed the route
the County tried to put them on and they declined it. So with this additional potential money, he
was wondering if they can accommodate the City of
Chairman
Henley said the Board has to make sure they know what they are talking about.
Commissioner
Morris said the Board has not had any formal request from Longwood. He explained the differential in cost if they
don’t build the leg for Winter Springs is about a half million dollars. Funding from the State is 5% what they asked
for. The County cannot now complete the
plans they anticipated originally because of the increased cost of right-of-way
and cost of the trail. He said there is
no additional money; it is already gone.
Commissioner
Van Der Weide stated he was just saying this is a city that has not received
any trail money yet. Commissioner Morris
responded that originally two cities chose not to participate in the trail
program; and those were Longwood and
Commissioner
Morris stated Longwood should be the #1 unfunded priority.
Mr.
McCollum stated also that at the time the priorities were done for the Board,
staff told Longwood that they would be next on the list if they have money
available. Staff said the same thing
about six weeks ago when Longwood made their presentation to the Board. He said, hopefully, they will get things out
to bid soon and then they can see if any funds are left; and the Board
direction is to go talk to Longwood.
Ms.
Coto asked for clarification on the countdown pedestrian timers. She asked is the Board talking about public
high schools or including private schools.
Commissioner
Morris answered that this is for all high schools.
Chairman
Henley said to begin with the largest and most dangerous first.
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Ms.
Coto advised the flags are flying half staff in memory of former Lt. Governor
Tom Adams who passed away on May 22, 2006.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:52 p.m., this same date.
ATTEST:_____________________ Clerk ___________________Chairman
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