BOARD OF
JUNE 24, 2008
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, June 24, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Michael McLean (District 2)
Commissioner Bob Dallari (District 1)
Commissioner
Commissioner Dick Van Der Weide (District
3)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Father Richard Trout, Jr., All Souls Catholic Church,
Sanford.
Cindy
Coto,
AWARDS
& PRESENTATIONS
Motion by Commissioner McLean, seconded
by Commissioner Dallari to adopt appropriate Resolution #2008-R-146, as shown
on page ________, recognizing Clarence Elswick for 15 years of service to
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Mr. Elswick who addressed the Board to
express his appreciation.
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Motion by Commissioner Dallari,
seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-148, as
shown on
page ________, recognizing James J. Harding
for 19 years of service to
Districts 1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Mr. Harding, who addressed the Board to
express his appreciation.
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Motion by Commissioner Henley, seconded
by Commissioner McLean to adopt appropriate Resolution #2008-R-147, as shown on
page _________, recognizing Donald J. Mietz for 32 years of service to
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to Albert English, who addressed the Board to
express his appreciation on behalf of Mr. Mietz.
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Dori
DeBord, Planning & Development Director, addressed the Board to introduce
Bill Owen, Real Estate Research Consultants (RERC), and to commend RERC for doing
a very admirable job on the SeminoleWay study.
Bill
Owen, President of Real Estate Research Consultants, addressed the Board to highlight
some of the things that are important and to address the initiatives of
SeminoleWay. He displayed a PowerPoint
presentation (not received and filed) and reviewed the SeminoleWay general
corridor over 40 miles long with eight interchanges. He reviewed the
Chairman
Carey stated she feels they have a great value for the investment they have
made thus far. The request is to move
forward with Phase 2. She stated she
knows the cities of
Commissioner
McLean said he has been involved with the SeminoleWay process almost from the
beginning and he would like to compliment RERC for their work as well as the
cities of
Commissioner
Van Der Weide stated he feels it would be a no brainer to continue this. The County has paid their money up front and since
the cities will be participating in the next phase, he feels they should move
forward.
Commissioner
Chairman
Carey advised this is on the Consent Agenda as Item #14.
Cindy
Coto,
Commissioner
Dallari requested that Item #29 be pulled for a separate vote.
David
Medley, Community Services Director, discussed with Commissioner McLean if there
is a possibility of using the Edward Byrne Memorial Juvenile Assistance Grant (Item
#16) money to help the non-profit entities that the County is struggling to fund.
Chairman
Carey stated Mr. Medley can come back with some ideas on that program.
Upon
inquiry by Chairman Carey relating to Item #18, Authorize scheduling public
hearings to consider designation of unincorporated land within US 17-92 CRA,
John Metsopoulos, Economic Development, addressed the Board to advise every property owner affected, as well as residents
living within 300 ft. of the Brownfield/SEED area, will be notified of the public
hearing.
Commissioner
Dallari stated he has attended some of the community meetings and everyone has
been talking positive about the program.
Motion by Commissioner Henley, seconded
by Commissioner McLean to authorize and approve the following:
County Manager’s Office
5. Adopt appropriate Resolution #2008-R-149, as shown on page
________, proclaiming the week of July 13 through July 19, 2008 as Adult and
Juvenile Probation Officer's Week.
6. Adopt appropriate Resolution #2008-R-150, as shown on page _________,
proclaiming the month of July as Recreation and Parks month and encouraging all
citizens to celebrate by participating in their recreational program of choice
and by visiting a trail or park during the month.
Administrative
Services
Purchasing
and Contracts
7. Award CC-3075-08/VFT, as shown on page ________, in the amount of
$290,350.00 to U.S. Water Services Corporation of New Port Richey, Florida, for
all labor, materials, equipment, tools, transportation, services and
incidentals required for the installation of a new pump station to replace the
Apple Valley Pump Station.
8. Award CC-3076-08/DRR, as shown on page ________, in the amount of
$524,347.95 to Cathcart Contracting Co., of Winter Springs, Florida, for all
labor, material, equipment, transportation, coordination and incidentals
necessary to complete the installation of approximately 4,400 linear feet of
16-inch potable water main extension and a 2-inch fiber optic conduit to run
the length of Longpond Road between Interstate 4 to the east and Markham Woods
Road to the west.
9. Award RFP-600409-08/GMG, as shown on page ________, Term Contract
for Mosquito Control Aerial Larviciding Services to Vector Disease Control,
Inc., DeWitt, Arkansas.
10. Approve First Amendments, as shown on page ________,
to CC-1284-06/TLR with Central Florida Environmental of Longwood,
11. Approve Work Order #77, as shown on page
_________, to PS-5150-03/AJ - Master Agreement for General Environmental
Services in the amount of $118,726.64 with EMS Scientists, Engineers, Planners,
Inc.,
12. Approve ranking list and authorize staff to negotiate
rates for PS-3018-08/JV - Continuous Construction Engineering and Inspection
Services for Midway Regional Stormwater Facility and FDOT Embankment Project
with Dyer, Riddle, Mills and Precourt Inc., of
13. Approve an increase to the Board approved
Estimated Annual Usage for RFP-4214-04/TLR - Security Repairs, Maintenance and
Upgrades Agreement by an additional $500,000.00 per year.
14. Approve Phase 2 of M-600317-08/BJC -
Consultant Services Agreement for SeminoleWay Corridor Analysis with Real
Estate Research Consultants, Orlando.
Community Services
Administration
15. Authorize the Chairman to approve the nominees,
as shown on page _______, for appointment to the Committee on Aging.
16. Approval by the Board of County Commissioners
to continue participation in the Florida Department of Law Enforcement's Edward
Byrne Memorial Justice Assistance Grant (JAG) Program and authorization for the
Chairman to sign Certificate of Participation, as shown on page _________, naming
David Medley, Ph.D., Director of Community Services, to coordinate the
applications.
Community Assistance
17. Approve and authorize the Chairman to execute
the Community Services Block Grant (CSBG) Contract, as shown on page _________,
between the Florida Department of Community Affairs and
Economic Development
Operations
18. Authorize the Economic Development Department
to schedule and advertise a public hearing to consider the designation of
unincorporated land within
Environmental Services
Business Office
19. Approve Release, as shown on page _________, of
Water & Sewer Capacity between
Fiscal Services
Administration
20. Approval to resubmit a grant application to
the U.S. Department of Homeland Security requesting $2,601,120.00 through their
SAFER Grant Program, and authorize the
Budget
21. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-151, as shown on page _________, implementing
Budget Amendment Request (BAR) #08-65 through the Public Safety Grants Other
Fund in the amount of $5,000.00 to establish funding for the Safe Kids
Coalition Grant.
22. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-152, as shown on page __________, implementing
Budget Amendment Request (BAR) #08-69 through the 2001 Infrastructure Sales Tax
Fund in the amount of $201,381.00 eliminating a duplication of funding sources
for the Waste Reduction and Recycling Grant.
23. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-153, as shown on page __________, implementing
Budget Amendment Request (BAR) #08-70 through the 2001 Infrastructure Sales Tax
Fund in the amount of $1,178,436.00 related to the State Road 436 at Red Bug
Lake Road Intersection project.
24. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-154, as shown on page __________, implementing
Budget Amendment Request (BAR) #08-71 through the 1991 Infrastructure Sales Tax
and the Arterial Transportation Impact Fee Funds in the amount of $75,000.00
providing the initial funding for the Seminola Boulevard/Cumberland Farms
Remediation project.
25. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-155, as shown on page __________, implementing
Budget Amendment Request (BAR) #08-73 through many funds in the amount of
$845,831.00 in order to adjust the budgeted Information Technology Services
Lease Cost Allocation amounts.
26. Approve and authorize the Chairman to execute
appropriate Resolution #2008-R-156, as shown on page __________, implementing
Budget Amendment Request (BAR) #08-74 through the Water & Sewer Fund in the
amount of $42,000.00 to fund an office space lease for CH2M Hill staff at
Reflections.
27. Approve and authorize the Chairman to execute
the Budget Change Request (BCR) #08-28 through the Stormwater Fund in the
amount of $30,000.00 to fund the NPDES Year 4 Permit Support and Permit Renewal
project.
28. Approve and authorize the Chairman to execute
the Budget Change Request (BCR) #08-29 through the General Fund in the amount
of $50,000.00 to establish the Seminole County Internet Web Site Redesign
project.
Planning and Development
Development Review
30. Approve and authorize the Chairman to execute
the final plat for Clayton Crossing Townhomes Second Amendment, containing 146
townhome lots on a 13.18 acre parcel zoned PUD (Planned Unit Development),
located on the north side of SR 426 (Aloma Avenue) and west side of SR 417,
within Greenway Pointe PUD; in Section 31, Township 21 S, Range 31 E, (Taylor
Morrison of Florida, Inc. and Clayton Crossing Townhomes Owners’ Association,
Inc.).
31. Approve and authorize the Chairman to execute
the final plat for Terracina at Lake Forest First Amendment, containing 68
townhome lots on a 20.03 acre parcel zoned PUD (Planned Unit Development),
located on the north side of SR 46 at the intersection of International
Parkway, and approximately 1¼ mile west of I-4, in Section 30, Township 19 S,
Range 30 E, (Taylor Morrison of Florida, Inc. and Terracina at Lake Forest
Owners’ Association, Inc.).
32. Authorize the release of the Rinehart Road
Right-of-Way (ROW)-The Market Place Right-of-Way Utilization Permit Maintenance
Bond #14032466 in the amount of $17,438.79 for the Rinehart Road ROW - The
Market Place road improvements.
33. Approve and authorize the Chairman to execute
the final plat for Reserve at Alaqua Country Club Subdivision located on Alaqua
Drive west of Markham Woods Road in Section 15, Township 20S, Range 29E (Steel
Curtain of Central Florida, LLC and Alaqua Group, LLLP).
34. Approve and authorize the Chairman to execute
the final plat for Exchange at Savannah Park located on the west side of
International Parkway between Wilson Road and Wayside Drive in Section 30,
Township 19S, Range 30E (Savannah Meridian Acquisition Group, LLC).
Planning
35. Authorize the Planning Department to schedule
and advertise public hearings to consider the designation of seven parcels,
owned by The Seminole County School Board, a Brownfield Area for purposes of
environmental remediation. The property is generally located northwest of the
intersection of S.R. 46 and
Engineering
36. Adopt appropriate Resolution #2008-R-157, as
shown on page ________, and authorize the Chairman to execute a Locally Funded
Agreement Supplemental Amendment Number 2, as shown on page _________, with the
Florida Department of Transportation; authorize the issuance of a check in the
amount of $11,762,712.00 from funds in the County’s 2008/2009 Fiscal Year
Budget to be paid to the Florida Department of Transportation by November 1,
2008.
37. Adopt appropriate Resolution #2008-R-158, as
shown on page _________, and authorize the Chairman to execute a Quitclaim Deed,
as shown on page __________, conveying property (FDOT Parcel No. 118.5R)
necessary to construct or improve State Road 434 to the Florida Department of
Transportation.
38. Adopt appropriate Resolution #2008-R-159, as
shown on page _________, and authorize the Chairman to execute a Subordination
of County Utility Interests Agreement, as shown on page _________, for FDOT
Parcel Numbers 104.8R and 105.4R to the Florida Department of Transportation to
construct or improve State Road 400 (Interstate 4).
Roads-Stormwater
39. Approve and authorize the Chairman to sign the
2008/09 Detailed Work Plan Budget (DACS Form 13623), as shown on page ________,
based on the tentatively approved budget, as part of establishing Seminole
County Mosquito Control as a State Approved Mosquito Control Program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated there have been a lot of issues relating to adopting the
Resolution (Item #29) changing the name of
Maggie
Ketchum, Building, addressed the Board to state that recommendation has not
been before the E911 Committee. Their
next meeting is scheduled for July 9, 2008.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to continue to the July 22, 2008 meeting
request to adopt a Resolution (Item #29) changing the name of
Under
discussion, Commissioner McLean stated as the other District Commissioner, he
is comfortable with this direction.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated in April the Board approved
“Commissioners Travel” by a 3-2 vote, and before they vote on Item #41, she
would like to see if the Board would like to have further discussions.
Commissioner Henley stated he believes the
Upon inquiry by Commissioner Henley, Chairman
Carey advised the alternate proposal was the BCC would not be reimbursed for
travel inside the County but be reimbursed for travel outside the County. She stated she feels that would be more
financially prudent at this time.
Motion
by Commissioner Dallari, seconded by Commissioner Henley to approve a proposed negotiated settlement relating to
Parcel Numbers 136/736 on the County Road 15 road improvement project, Hakimian property. The proposed negotiated settlement is at the
total sum of $48,392.00 inclusive of all compensation to the owner, statutory
attorney fees, expert costs, statutory interest, and any other matter for which
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Commissioner
Henley stated he shares everyone’s concerns with regard to the budget; however,
the BCC’s travel budget is not a large item.
He said the County has not balanced the budget and there are a lot more
cuts that need to be made. He stated he
would like to consider a motion to adopt the alternative to not reimburse the BCC
for travel inside the County but to reimburse the BCC for travel outside the County.
Mr.
McMillan stated the Board needs to make a motion to reconsider the prior motion
first. The alternative is the Board
would not authorize travel by private vehicle within
Motion by Commissioner Henley, seconded by
Commissioner Dallari to reconsider the motion to establish a stipend for Commissioners’
travel.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner McLean voted NAY.
Chairman Carey recessed the meeting at
10:25 a.m. to allow the Board time to review the alternate policy. The Chairman reconvened the meeting at 10:35
a.m.
Chairman Carey advised the travel policy
amendment that Mr. McMillan submitted was not accurate as he misunderstood what
the direction was. She stated the
direction is the BCC would not be reimbursed for traveling inside the County and
a County vehicle would be available, and the BCC would be reimbursed for travel
outside the County when they are representing the Board on various boards and
committees. She stated this item would
be continued to the afternoon session so that the
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize and approve the following:
CLERK’S OFFICE
42. Approval of Expenditure Approval Lists, as
shown on page __________, dated May 27 & June 2, 2008; and Payroll Approval
List, as shown on page __________, dated May 29, 2008; approval of Official
Minutes dated May 20, 2008; approval of Board of County Commissioners
Destruction List - 2008, as shown on page __________; and noting, for information
only, the following Clerk's "Received and Filed".
1. Second
Amendment, as shown on page _______, to RFP-0863-06, Serco, Inc.
2. Warranty
Deed, as shown on page ________, dated May 8, 2008, granted by KBC Development,
Inc., for the Office Warehouse Expansion/KBC Warehouses project.
3. Warranty
Deed, as shown on page ________, dated May 5, 2008, granted by
4. Work
Order #19, as shown on page ________, to PS-1501-06.
5. Second
Amendment, as shown on page ________, to RFP-4232-04, Calvin, Giordano &
Assoc.
6. Change
Orders #2 and #3, as shown on page ________, to CC-2167-07.
7. Utility
Agreement, as shown on page ________, for Sewer Service with Douglas Square
LLC.
8. Letter
of acceptance and Bill of Sale, as shown on page ________, for the Fifth Third
Bank SR 46/International Parkway project.
9. Addendum
#8, as shown on page _________, to The Springs PUD Commitment Agreement.
10. Development Orders, as shown on page _________, as follows: Emily H. Williams, et al,
11. Cash Maintenance Bond and Maintenance and Escrow Agreement, as
shown on page _________, for the
12. Notice of hearing from the Public Service Commission regarding
Docket No. 000475-TP, Complaint by Bellsouth Telecommunications, Inc. against
Thrifty Call, Inc.
13. First Amendment, as shown on page _________, to RFP-4269-06,
Flowers Chemical Laboratories, Inc.
14. Work Order #68, as shown on page _________, to CC-1220-03.
15. Work Order #30, as shown on page _________, to PS-1074-06.
16. Change Orders #1, as shown on page ________, to Work Orders #12 and
#16 for CC-1075-06.
17. Assignment of Term Contract IFB-600282-07, as shown on page
________, to The Brickman Group, LTD, LLC.
18. Work Order #32, as shown on page ________, to PS-1529-06.
19. Amendments #1, as shown on page ________, to Work Orders #46 and
#56 for PS-5120-02.
20. Second Amendment, as shown on page _________, to RFP-4233-04,
Tindale-Oliver & Associates.
21. Certificate of Completion, as shown on page _________, for Work
Order #11 to CC-1075-06.
22. Work Order #28, as shown on page _________, to PS-0381-06.
23. Change Order #1, as shown on page _________, to Work Order #10 for
CC-0012-05.
24. First Amendment, as shown on page _________, to M-503-06, Exacom,
Inc.
25. Work Order #14, as shown on page _________, to RFP-0778-06.
26. Litigation Consultant Services Agreement, as shown on page _________,
with Lotspeich & Assoc.
27. First Amendment, as shown on page __________, to Term Contract
IFB-3122-05, Engineered Castings.
28. PAY Counseling Agreement, RFP-600254-07, as shown on page
__________, with Therapy 4 Kids and Families, Inc.
29. Third Amendment, as shown on page __________, to Term Contract
IFB-3121-05 with Control Technologies of Central Florida, Inc.
30. Work Order #9, as shown on page _________, to CC-1284-06.
31. Notice of Order from the Public Service Commission regarding Docket
No. 080186-EI, Petition by Progress Energy Florida, Inc.
32. Tennis Developmental Instructor Agreements, as shown on page
_________, with John Sanders, Luke Bolanos, Garrett Dobson, Jerry Fekede,
Daniel Colon, Gareth Ripley, and Brittany Dobson.
33. Assistant and Associate Tennis Pro Agreement, as shown on page
_________, with Robert Cronk.
34. Cash Maintenance Bond and Maintenance and Escrow Agreement, as
shown on page __________, for Boys Town Central Florida, Inc. in the amount of
$7,235.37.
35. Maintenance Bond, as shown on page __________, for Rinehart Road
ROW-Seminole Commons in the amount of $11,259.39.
36. Work Orders #24 and #25, as shown on page __________, to
CC-1075-06.
37. Certification of Completion, as shown on page __________, for
CC-2583-07.
38. Notice of hearing and prehearing from the Public Service Commission
regarding Dockets Nos. 080203-EI, 080245-EI, and 080246-EI,
39. Work Order #33, as shown on page _________, to PS-1529-06.
40. Amendment #1, as shown on page _________, to Work Order #1 for
PS-2144-07.
41. Work Order #36, as shown on page _________, to PS-5174-04.
42. Memorandum to the BCC from Sheriff Donald F. Eslinger regarding the
FY 2008/09 budget request for the John E. Polk Correctional Facility expansion
and submitting the Sheriff’s FY 2008/09 Proposed Budget, as shown on page
_______.
43. Termination Letter, as shown on page ___________, for M-3094-08
Yankee Lake Surface WTP-SJRWMD CUP Assistance.
44. Amendment #1, as shown on page _________, to Work Order #8 for
PS-1020-06.
45. Change Order #1, as shown on page __________, to CC-2424-07.
46. Amendments #1, as shown on page _________, to Work Orders #3 and #4
for PS-5140-03.
47. Amendments #1, as shown on page _________, to Work Orders #78 and
#83 for PS-5165-04.
48. Copy of e-mail from Julia Thompson to Joe Forte regarding
designating the Acting Leisure Services Director effective May 24, 2008, and
copy of e-mail from Joe Forte to Julia Thompson authorizing Bryan Nipe as
Acting Leisure Services Director.
49. Term Contract IFB-600404-08, as shown on page _________, with Sun
Belt Medical/Emergi-Source.
50. Work Order #34, as shown on page __________, to PS-1529-06.
51. Third Amendment, as shown on page __________, to RFP-600244-07,
Executive Source, Inc. d/b/a ESQ IT Solutions.
52. Work Order #4, as shown on page _________, to PS-5189-05.
Sheriff’s Office
43. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-161, as shown on page ___________, implementing Budget
Amendment (BAR) #08-79 in the General Fund for the amount of
$24,986.00 to increase funding for the Sheriff's Office.
44. Approve and authorize the Chairman to execute appropriate
Resolution #2008-R-162, as shown on page __________, implementing Budget
Amendment Resolution (BAR) #08-80 in the General Fund for the amount of
$830,778.00 to increase funding for Child Protective Services.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Austin
Watkins, Planning, addressed the Board to present request to approve the Final
Master Plan and Developer’s Commitment Agreement for the Eden Point PUD,
consisting of 26.78± acres, located on the west side of Dodd Road and north of
Howell Branch Road, Ralph Spano. He
stated the Eden Point PUD was approved on January 8, 2008 for a maximum of 39
detached single-family dwelling lots.
The Preliminary Master Plan allows for 11 lake access lots with a
minimum lot size of 11,900 sq. ft. and an additional 28 lots with a minimum lot
size of 6,900 sq. ft. Staff finds that
the proposed request complies with all conditions of the development order,
Land Development Code and Preliminary Master Plan. Staff recommends approval of the request
based on staff findings.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to approve the Final Master Plan and
Developer’s Commitment Agreement, as shown on page _________, for the Eden
Point PUD, consisting of 26.78± acres, located on the west side of Dodd Road
and north of Howell Branch Road, Ralph Spano, based on staff findings.
Under
discussion, Commissioner Dallari stated he appreciates the applicant dedicating
Tract 1 as open space and it not being part of the open space requirement.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Dori
DeBord, Planning & Development Director, presented a request, continued
from the March 25, 2008 meeting, which was to determine the Findings of
Necessity for the Oviedo CRA documentation.
Staff has determined that the Land Use requirements of the current
report have been met, and the Findings of Necessity meet the Florida Statute
requirements to create a CRA district. Letters
and e-mails supporting the CRA request; a copy of the Oviedo CRA Findings of
Necessity and Redevelopment Strategy; and information of What is a CRA, How a
CRA is created, How a CRA works and Why Should Seminole County Partner with
Oviedo, and How will Seminole County and Oviedo benefit from the proposed CRA
were received and filed.
Ms.
Coto advised she has been working with the previous City Manager and the present
Interim City Manager in which the Florida Statute requires that they take
action by June 30, 2008. The Florida
Statute under Community Redevelopment Agencies was changed two Legislative
sessions ago in which the County must approve or deny, by mutual consent, a timeline
contained within the statute, or it has to be mutually consented to a different
timeline by the city or county. She
stated part of the concerns she expressed to the City is based upon the County’s
present fiscal picture that was discussed during the May 1st meeting. In about three years from the County’s
present financial forecast they will deplete their reserves and they do not
have a game plan as to how they will continue to operate. The current revenues continue to decline and
there has been a 6.5% drop in the overall property tax base. She stated her financial forecasting globe is
fairly cloudy. She added if the Board
wanted to take action other than approval or denial of the request, staff would
like direction as to what alternative the Board would be looking at and staff would
have to present that to the city to see whether or not they agree with that
alternative.
Upon
inquiry by Commissioner Henley, Ms. Coto advised the five-year financial forecast
for FY 2012 shows they will have depleted all reserves based upon the County’s
spending pattern and they would not have a balanced budget.
Commissioner
Henley stated he feels the report is a good one; but based upon the track
record with other CRAs, it takes seven years before they can come up with any
revenue at all. He said in spite of what
has occurred in
Chairman
Carey stated she also is not opposed to the City establishing a CRA, but it is irresponsible
for her to vote to fund and help support the CRA.
Commissioner
McLean stated he doesn’t think anyone on the Board doesn’t think that the CRA
makes sense and the area needs redevelopment.
Perhaps the solution is to delay the implementation of this program for
12 months as that will give them time for the economy to move into a forward
position and that will give them an opportunity to work through the challenges. They still don’t have the fiscal component to
be able to build a true, solid redevelopment agreement. He asked if the city of
Chairman
Carey stated the city of
Commissioner
Van Der Weide stated he feels the County owes it to the city of
Commissioner
Dallari said he believes the City and their Mayor have been working on this
since the early 90’s; and since then, they have been trying to put together a
plan of how to move the city forward.
Through those years, they have put together a plan and brought the
community together. The City also has put
$9 million of infrastructure cost into that plan and that was approved by the
voters in 2002. The CRA would be the
center point of bringing old downtown into a new downtown. He added he feels it is important to
establish a CRA by the end of this month.
Ms.
Coto explained the reason why the June 30 date was important to the City.
Commissioner
Dallari stated he would like to see the CRA approved with no financial participation
from the County, with the County working with the city in developing a
redevelopment plan.
Ms.
Coto and Mr. McMillan explained for Commissioner Henley how other CRAs were
established without County funding.
Mayor
Mary Lou Andrews, city of
Gene
Miller, Oviedo Interim City Manager, addressed the Board to advise as it stands
before the Board, the resolution is asking participation until October 1, 2010. The third year, based upon estimates of
development of
Chairman
Carey stated she feels the majority of the Board supports the Resolution
delegating the authority of
Mr.
McMillan advised he has a draft resolution based on the one they did for the
city of
Chairman
Carey stated she would recommend moving forward with establishing the CRA
without financial support from the County.
Commissioner
Van Der Weide said he has no problem with a 20-year timeframe.
Upon
inquiry by Chairman Carey, Mr. McMillan advised the Board needs to decide
whether to grant or deny
Upon
further inquiry by Chairman Carey, Mr. McMillan advised the Board has to act on
this by June 30 or have a mutual agreement to extend it. The City has refused to extend the June 30
deadline because they want the base year as of June 30. The Board’s deadline is created by the
agreement with the City and if the City does not extend the date the resolution
is automatically approved.
Chairman
Carey stated she is proposing that the Board take action on this item and have
both attorneys get together after this meeting and bring it back this
afternoon.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to deny the Findings of Necessity to
establish the Oviedo CRA.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Van Der Weide directed the
Mr.
McMillan stated this will give the city of
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Austin
Watkins, Planning, presented request for a five-year extension for the SR 426
& Chapman Road (Walgreens) PCD Final Site Plan, for approximately 5.12
acres, located on the southwest corner of the intersection of SR 426 and
Motion by Commissioner Dallari,
seconded by Commissioner McLean to approve a five year extension for the SR 426
& Chapman Road (Walgreens) PCD Final Site Plan, for approximately 5.12
acres, located on the southwest corner of the intersection of SR 426 and
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ms.
Coto presented request to approve an Interlocal Agreement consolidating Winter
Springs and Seminole County Fire and Emergency Medical Services under the
authority of
Mayor
John Bush, City of Winter Springs, addressed the Board to state he would like
to discuss two items of concern. He said
the first issue is they would like to extend the pension election date to
September 1, 2008 as this will give the firefighters time to determine whether
to go with the State retirement or stay with City retirement. The other thing is they would like to have
the County and City staff work together to come up with a signage concept on
vehicles that would be mutually acceptable.
The City of
Chairman
Carey stated part of the discussions they have had is what the financial impact
will be and it is probably a break even for them to take over the fire
department. This was done with
Motion by Commissioner McLean, seconded
by Commissioner Dallari to approve and authorize the Chairman to execute an
Interlocal Agreement, as shown on page ________, consolidating Winter Springs
and Seminole County Fire and Emergency Medical Services under the authority of
Seminole County, including extending the pension election date to September 1,
2008.
Under
discussion, Mr. Stone stated he would like to reflect the following changes: Striking the word “either” at the end of the first line in Section 3.5.3, and striking
the word “include” and inserting the
word “including” in Attachments D
and E (lease agreements).
Commissioner
McLean said he will amend his motion
to include those changes. Commissioner
Dallari concurred.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
Bush stated he would like to ask the County’s public relations person to work
with the City Manager in drafting something to inform the citizens.
CHAIRMAN’S
REPORT
Chairman
Carey advised the County has received a grant in the amount of $185,000 from
the Florida Department of Health.
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Chairman
Carey informed the Board of a memo submitted by Assistant County Attorney, Ann
Colby, relative to eliminating one BCC member from the VAB. She recommended removing Commissioner Van Der
Weide from this committee.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize eliminating Commissioner Van Der
Weide from the VAB.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Carey stated the Board needs to appoint one residential member before September
1st. She stated she doesn’t have a name
at this time but if any Commissioner has a name in mind, they can have that
person submit an application so they can be appointed in July or August.
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Chairman
Carey stated there was discussion at the last Congress of Regional Leaders meeting
regarding funding of MyRegion. The Board
committed $35,000 a year three years ago.
During those discussions everyone knew that they were going to be facing
some cutbacks in the coming years’ budgets.
She stated she received a letter from Frank Bruno, Chairman of MyRegion
and Congress of Regional Leaders, requesting a three year funding commitment
for $30,000 for the next three years.
She said Fiscal Services Director Lisa Spriggs indicated that this is
not in the 2009 budget. However, the
County has a lot of time invested in MyRegion and she feels it is important
that they continue to support their efforts.
Ms.
Coto agreed the County has invested a lot of time in MyRegion. She stated these funds are not in the budget
and staff is still looking for money to balance the budget.
Motion by Commissioner Henley, seconded
by Commissioner McLean to authorize expenditure in the amount of $30,000 for
the next three years for MyRegion.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Carey stated the Congress of Regional Leaders re-enlisted Orange County
Commissioner Bill Segal to be the champion on the regional water strategy. She said the reason he was appointed is he is
a former board member of the South Florida Water Management District. Since Mr. Segal has extensive knowledge on
the Water Management Board, the Congress of Regional Leaders felt he would be a
good one to lead them in the regional water discussions. She stated she feels it is important for them
to set up a meeting with Mr. Segal and his staff, herself, Ms. Coto, and John
Cirello to talk about how they are going to get this message out.
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Chairman
Carey stated the Private Business Association of Seminole was very instrumental
in taking the private lead of raising money in order to get the message out on
the importance of the infrastructure sales tax.
She stated Dr. Vogel, Seminole County School Board, was asked to attend
the Issues Committee meeting and he shared some of the concerns that the
Committee had. One item that is going to
be on the ballot is Amendment V and that is an item that would eliminate the
millage that the School Board currently levies and replace it with a penny
sales tax. Even using the numbers the
tax watch group has established for it, that is a $46 million loss in revenue to
the School Board. Mr. Vogel is very
concerned about this and they do not have any idea how they are going to
function if they have to take that kind of hit. The other concerns they have is the County’s
infrastructure sales tax which they currently share with the School Board as it
sunsets in 2011. The other thing that
occurred this year is the community college having the ability to levy a penny
to support community colleges. She
stated the Board needs to take up the issue of the infrastructure sales tax. She further stated she feels that if there is
not a lot of communication, this will come together at one time and she doesn’t
think the voters are going to support an additional two cents on top of
renewing the first one cent. Therefore, she
believes the Board needs to be very careful how they move forward as well as
think about when and how they will go to the voters to renew the infrastructure
sales tax and not get caught in the crossfire.
She advised the School Board also has the option to levy a one mill
special tax. With a $46 million
shortfall and even with the one cent on Amendment V, it is going to be critical
with new taxes being on the ballot and it can end up with everyone getting
nothing. She suggested the County may
want to put together a committee. She
stated she informed Mr. Vogel that the Florida Association of School Boards and
lobbyists for the education group need to get together to run a statewide
campaign to educate the voters on what the implication for Amendment V will be.
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Chairman
Carey reported that the city of
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated May 30, 2008 from Ana Viamonte Ros, State Surgeon General, Florida
Department of Health, to Chairman Brenda Carey re: award of Emergency Medical Services matching
grant number M8070.
2. Copy
of letter dated June 4, 2008 from James McAdams, Director, Property Tax
Oversight, Florida Department of Revenue, to David Johnson, Seminole County
Property Appraiser, re: House Bill 5061
requiring Property Appraisers in counties with a population greater than 25,000
to pay for aerial photographs once every three years.
3. Letter
dated June 5, 2008 from Frank Bruno, Chair, Congress of Regional Leaders, to
Chairman Brenda Carey re: Foundation for
Building Community, Inc.
4. Memorandum
dated June 6, 2008 from Ann Colby, Assistant County Attorney, to the Board of
County Commissioners re: Legislative
Changes affecting the Value Adjustment Board.
5. Facsimile
dated June 9, 2008 from Catherine Weil, Albertson’s LLC, to Chairman Brenda
Carey re: the Sale/Permanent Closing of
Certain Florida Albertson’s Locations.
6. Memorandum
dated June 9, 2008 from Seminole County Historical Commission, Don Epps, to
Seminole County Board of
7. Letter
dated June 10, 2008 from Greg Pryor, Chairman, Red Bug Residential Coalition,
to Chairman Brenda Carey re: C.A. Stone
Small Scale Land Use Amendment East and West – File #Z2007-51 and File
#Z2007-50.
8. Copy
of letter dated June 10, 2008 from Commissioner Bill Segal,
9. Letter
dated June 10, 2008 from Robert White, President, Loch Arbor Homeowners
Association, to Chairman Brenda Carey re:
10. Copy of letter dated June 10, 2008 from Dr. Neil Euliano,
President, Southern Technical College, to Joseph Bell,
11. Letter dated June 10, 2008 from Bernard Mitchell, Martin Luther
King, Jr. Steering Committee, to Chairman Brenda Carey re: “Thank you” for naming of
12. Copy of letter dated June 12, 2008 from Walter W. Stephens to
Commissioner Bob Dallari re: petition
and letters opposing the renaming of
13. Letter dated June 12, 2008 from Clayton Wilder, Administrator, FDLE,
to Chairman Brenda Carey re: Federal
Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant Program – JAG
Countywide.
14. Notice dated June 13, 2008 from the city of
15. Copy of letter dated June 13, 2008 from Edward L. Wilson, Jr.,
Program Administrator, Grants Unit of the Florida Department of Health, to
Chief Leanna Raw re: grant award.
16. Copy of letter dated June 16, 2008 from Chairman Brenda Carey to
Ana Viamonte Ros, State Surgeon General, Florida Department of Health, re: recommendation of Fred Brummer to the RRAC and
TRAP.
17. Copy of Letter dated June 16, 2008 from Chairman Brenda Carey to
James Bryan, III re: recognition of his
donation of property to the Seminole County Natural Lands Program.
18. Copy of letter dated June 18, 2008 from
19. Letter dated June 19, 2008 from Brian Sackett, Mayor, city of
20. Various Contracts for services, as shown on page _______, with the
DISTRICT
COMMISSIONER’S REPORT
Commissioner
Henley stated he has asked staff to get with the owner of Sun State Trees on SR
434. He said the Board approved the zoning
for that operation and there were a number of restrictions placed on it and very
few of them have been met. He stated staff
has met with them and reviewed all of the requirements placed on them and has
given them time to clean it up. He added
that he feels they will cooperate in getting this done.
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Commissioner
Henley stated at the last meeting he informed the Board about the efforts that
are underway regarding commuter rail. He
said at that time some information from Congressman John Mica’s analysis was
done nationwide regarding liability insurance.
He stated he will provide a package to the Board regarding facts on this
in case they will have to address it. He
added he also has asked Harry Barley, Executive Director of MPO, to begin
making contacts to see if they can put together an Urban Transportation
Coalition. He said Mr. Barley has
already met with the Chairman and Mayor of the MPO in
Upon
inquiry by Commissioner Van Der Weide, Commissioner Henley advised the Metro
Board Executive Committee met and they have a group starting to look at how
they can communicate and what to communicate.
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Commissioner
McLean stated he attended the Seminole County Regional Chamber Chase awards
last week and a “Success in Seminole” proclamation was presented to Brindley
Pieters. The Community Champion award
was presented to Community Based Seminole. The Public Servant award was presented to Mayor
John Bush, and the Public Leader of the Year was awarded to Frank Iapolo
(phonetic).
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Commissioner
McLean stated he had the pleasure of speaking before the Winter Springs Chamber
of Commerce and they discussed SeminoleWay. He said as they move into the second phase, it
is more important get more communities involved. He stated he would like to thank staff for
their PowerPoint Presentation as it was well received.
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Commissioner
McLean advised the Citizens Committee met with regard to the
Chairman
Carey advised the ongoing maintenance and operation is the responsibility of
the School Board and it might be prudent for everyone to wait and see how the
November vote turns out.
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Commissioner
McLean advised he will be leaving tomorrow to attend the Florida Association of
Counties annual conference. He stated he
has been asked by Chairman Carey to secure the District 22 board seat. He asked for approval for travel expenses to
and from
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to authorize travel expenses for
Commissioner McLean to travel to and from
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated at the last Board meeting Commissioner McLean requested approval
to send a letter to the Attorney General asking for a legal opinion as
requested by Chief Judge Simmons; and he would like to bring it back up for
reconsideration.
Chairman
Carey advised she and the
Motion by Commissioner Dallari,
seconded by Commissioner McLean to reconsider the motion made at the June 10,
2008 meeting to send a letter to the Attorney General asking for a legal
opinion on the requirement to fund the General Magistrate position.
Districts
1, 2 and 3 voted AYE.
Commissioners
Carey and Henley voted NAY.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize sending a letter to the Attorney
General asking for a legal opinion with regard to the County’s responsibility
of funding the General Master.
Under
discussion, Mr. McMillan stated since the last meeting, he has looked into
whether they can fund the Juvenile Coordinator position. He stated even if they took that out of the
budget and fund it somewhere else, they are still spending all of the
innovation fees on other things and it wouldn’t free up any money the Judge
wants. That is why they are meeting with
the Judge to see whether it is eligible for funding.
Chairman
Carey stated they are currently spending the innovation fees on the position
they have to fund and on the Guardian Ad Litem program. She said she feels it is prudent to have the
meeting to see what the Judge is proposing before they seek the Attorney
General’s opinion.
Commissioner
Henley stated he will not be supporting the motion as he feels it will be a waste
of the Attorney General’s time as well as the County’s. He further stated it does not change the
resources they have to deal with, and there are many more important items to
spend that money on. He added he feels
it is ridiculous to waste the Attorney General’s time on something that is not
binding and it doesn’t solve the problem.
Commissioner
McLean said a third-party, nonbinding decision does not commit them at all but would
give them more information to make a better and informed decision.
Commissioner
Van Der Weide agreed that it is a nonbinding decision.
Chairman
Carey stated there is no point of having a meeting with the Judge if the motion
passes. She stated she will not be
supporting the motion as she feels they could come up with a resolution without
asking for the Attorney General’s opinion.
Districts
1, 2 and 3 voted AYE.
Commissioners
Carey and Henley voted NAY.
Chairman
Carey requested that Ms. Coto contact Judge Simmons to cancel the meeting
scheduled for next week.
PUBLIC
HEARINGS
Ms.
Coto advised staff has received an e-mail from the applicant of Item #48, BOA
Appeal, William Gribben, requesting that this item be withdrawn. She stated staff is presently contacting as
many neighbors as possible about the applicant’s request.
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Chairman
Carey reminded the Board of a meeting upstairs with the Risk Management
Committee.
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The
Chairman recessed the meeting at 12:05 p.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
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Chairman
Carey announced that the city of
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to authorize filing the proofs of publication
for this meeting’s scheduled public hearings into the Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
APPEAL BOA/WILLIAM
GRIBBEN, Continued
Continuation
of a public hearing to consider the appeal of the Board of Adjustment’s
decision to deny a rear yard setback variance from 30 feet to 15 feet for an
addition in the Planned Unit Development District, 3123 Foxwood Drive; as
described in the proof of publication, William Gribben.
Chairman
Carey advised this hearing was continued from the June 10, 2008 meeting. She understands that now the staff has
received a request to withdraw this item.
Kathy
Fall, Principal Planner, addressed the Board to state staff received an e-mail
(not received and filed) from the applicant late this morning indicating he
wishes to withdraw his application and request.
No
one spoke in support or in opposition to the withdrawal request.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean, to accept withdrawal,
per the applicant’s request, of the appeal of the Board of Adjustment’s
decision to deny a rear yard setback variance from 30 feet to 15 feet for an
addition in the Planned Unit Development District, 3123 Foxwood Drive; as
described in the proof of publication, William Gribben.
Districts
1, 2, 3, 4 and 5 voted AYE.
AMENDMENT/JACK REYNOLDS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of the Hawthorne Glen PUD Major Amendment, approval of
Addendum #2 to Development Order #03-2050005, approval of Addendum #2 to the
Hawthorne Glen PUD Developer’s Commitment Agreement, enacting Ordinance
rezoning from PUD to PUD, and approval of the revised Final Master Plan, for
1.46+/- acres located on the northwest corner of the intersection of Old
Lockwood Road and McCulloch Road; Jack Reynolds, received and filed.
Ian
Sikonia, Senior Planner, addressed the Board to present the request, stating
staff feels this PUD Major Amendment is consistent and compatible with the
trend of development for the area and will help provide for a more compatible
mixture of uses for the surrounding residents.
He advised the Planning and Zoning Commission (P&Z) met on May 7,
2008 and voted 6 to 1 to recommend approval of the Major Amendment, addendums,
rezoning, and Final Master Plan as requested by the applicant. The staff also recommends approval of the
requests as identified.
Chairman
Carey said she noticed from the aerial that the development has changed since
the last time the Board saw this. She
said the right-in, right-out on
Upon
inquiry by Commissioner Dallari, Mr. Sikonia displayed on the site plan and
explained what the existing buffers are and what the applicant is trying to
reduce to.
Attorney
Jim Hattaway, representing the applicant,
Commissioner
Dallari asked Attorney Hattaway how does the right-in, right-out play with the
traffic circulation, and if he had done any traffic analysis on that.
Attorney
Hattaway stated they did a traffic report and it was submitted to staff. It was the conclusion of their traffic
engineer that the right-in, right-out is beneficial, it works and there is no
harm indicated.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to approve the requested Hawthorne Glen PUD
Major Amendment; approval of Addendum #2, as shown on page _______, to
Development Order #03-2050005; approval of Addendum #2, as shown on page
_______, to the Hawthorne Glen PUD Developer’s Commitment Agreement; enacting
Ordinance #2008-31, as shown on page _______, approving rezoning from PUD to
PUD, and approval of the revised Final Master Plan, for 1.46+/- acres located
on the northwest corner of the intersection of Old Lockwood Road and McCulloch
Road; as described in the proof of publication, Jack Reynolds, based on staff
findings; and authorize the Chairman to execute the documents.
Under
discussion, Commissioner Dallari stated he would like to add one
condition. He asked if it was prudent to
make the painted divider for the right-in, right-out semi-raised so that people
cannot make the left turn, or would that be a hazard.
Attorney
Hattaway stated they would have no problem with doing that.
Commissioner
Dallari added that condition to his motion, and Commissioner McLean agreed to
the amendment to the motion.
Chairman
Carey clarified that the amendment
is for the diamond on the right turn to be raised concrete rather than painted.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/CPH ENGINEERS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider enacting an Ordinance approving a Small Scale Future Land Use
Amendment from LDR (Low Density Residential) to PD (Planned Development);
enacting an Ordinance rezoning from A-1 (Agriculture) to PUD (Planned Unit
Development); and approval of the Preliminary Master Plan and Development Order
for 1.55+/- acres located on the south side of Red Bug Lake Road, approximately
250 feet west of Red Bug Lake Road and Slavia Road; CPH Engineers, received and
filed.
Austin
Watkins, Senior Planner, addressed the Board to present the request, stating
staff finds that the requested
Javier
Omana, CPH Engineers, on behalf of C.A. Stone, addressed the Board to state he
is happy to report a representative from the Red Bug Coalition is in attendance
today with a letter endorsing the project.
Chairman
Carey advised that all the Commissioners received the letter from the Coalition
as well.
Mr.
Omana stated they concur with the staff recommendation.
Tom
Boyko,
No
one else spoke in support or in opposition.
Speaker
Request Form for Mr. Boyko was received and filed.
District
Commissioner Dallari asked Mr. Omana if the applicant is indicating by the
elevation in the agenda packet that he would be building this type of
building. Mr. Omana said yes; he is also
agreeing to three stories with a maximum of 45 feet.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to enact Ordinance #2008-32, as shown
on page _______, for a Small Scale Future Land Use Amendment from LDR (Low
Density Residential) to PD (Planned Development); enact Ordinance #2008-33, as
shown on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit
Development); and approval of the Preliminary Master Plan and Development
Order, as shown on page _______, for 1.55+/- acres located on the south side of
Red Bug Lake Road, approximately 250 feet west of Red Bug Lake Road and Slavia
Road; as described in the proof of publication, CPH Engineers, based on staff
findings and the testimony heard today.
Under
discussion, Commissioner Dallari clarified
that his motion includes the elevations presented in the agenda packet today.
Districts
1, 2, 3, 4 and 5 vote AYE.
MAJOR AMENDMENT/SAVANNAH
ACQUISITION GROUP
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of the Major Amendment to the Savannah Park at Heathrow
Planned Unit Development (PUD), approval of the revised Final Master Plan, and
approval of Addendum #2 to the Savannah Park at Heathrow PUD Developer’s
Commitment Agreement, for 9.85+/- acres located on the west side of
International Parkway, between Wilson Road and Wayside Drive, Savannah Meridian
Acquisition Group, received and filed.
Mr.
Watkins presented the request, stating the Planning and Zoning Commission met
on May 7, 2008 and voted 5 to 1 to recommend approval of the requests by the
applicant. Staff also recommends
approval of the Major Amendment, revised Final Master Plan, and Addendum #2 to
the
Chairman
Carey stated the Board was just provided a document (received and filed) from
Ivey Planning Group with a site plan attached.
She asked if Mr. Watkins had seen the document and if the issues had
been addressed in the Development Order.
Mr.
Watkins said he received the information late yesterday afternoon and the
issues have not been addressed in the current Developer’s Commitment Agreement
(DCA). He said if the Board chooses,
they can add those in the motion and staff will make the changes to the DCA.
Commissioner
Dallari stated the site plan shows the two dumpsters moved to two different
locations. He asked if the current
dumpster locations would be converted to parking spaces.
Mr.
Watkins said he’s assuming they will be parking spaces, because the applicant
is going to have to take more parking spaces.
Matthew
West, Ivey Planning Group, representing Savannah Meridian Acquisition Group
(applicant), addressed the Board to display a site plan (received and filed) of
the entire project and to state they are dealing with the 9.8 acres in the
center of the project. He gave the
history of the project. He said they now
have town houses on each end with residential, retail and office in the center
sharing the same buildings, with the residential atop of office and
retail. This is a true, mixed-use
project. He said most of the
infrastructure is in and what is left to be done is build the actual
buildings. He said they met with the
Tall Tree residents last Thursday night and explained why it has taken so long
for the project to be built due to delays, credit issues and the housing
market. He also explained they are going
from 20 units to 60 units because the financing group doesn’t think 20 units
are enough to make them financially feasible.
The reason for going to apartments is because there is no condo market
now. He explained the site currently has
460 parking spaces and at the current County standards, the site could support
45 condos or apartments, so they are talking about an additional 15 units. He said his clients have made it clear they
must have the 60 units. He further
explained that even at peak times, due to the fact the retail, office, and
residential peak at different times, there should be approximately 50 excess
parking spaces. He said the P&Z
Commission and some of the residents compared this project to
Commissioner
McLean said he still has concerns about the parking. In his experience, every time he has
compromised on parking spaces, he has lived to regret it.
Mr.
West said to be truly multi-modal, they would commit to having bike racks
placed throughout the project so that there is an opportunity for people who
live in some of the neighboring subdivisions to bike. That might slightly reduce the traffic. They also evaluated the site to see if they
went down to 9-foot wide spaces, could they have enough parking to accommodate
56 units. He said they won’t know if
there is a parking problem until most of the buildings are built and
occupied. They do have that opportunity
to go back and restripe the parking spaces.
He advised Commissioner McLean that they would be willing to put that in
the DCA if there is a parking problem.
Chairman
Carey stated she also had some questions and concerns about the parking and had
some discussions with Ms. DeBord and Ms. Stettner regarding same. She said as staff is moving forward to look
at a mixed-use zoning category, the concept is that it doesn’t require two
parking spaces for every unit because of the multiple use. She thinks staff is comfortable with this
request because of that.
Joe
Russo,
Jack
Gilliam, 347 Still
Chairman
Carey stated she thinks the building codes are the same for all multi-family
construction, whether it’s for rental or for sale. She asked Mr. Watkins to explain what the
buffer is between the back of the building and the Tall Trees subdivision on
the west side.
Upon
inquiry by Commissioner Van Der Weide, Mr. Watkins also explained where the
open space is located in the project.
Gerald
Robison,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by Chairman Carey, Mr. Watkins stated his understanding is that the
square footage of the original project is not being changed. He said the applicant is slightly decreasing
the square footage of some of the structures for office and retail use, and it
is insignificant.
District
Commissioner Carey said she thinks a lot of the discussion the Board has had
about rental versus ownership came out of the school issue. She thinks the quality of the person you get
depends on the quality of product you have.
Everything she has seen indicates that this is going to be a first-class
product like the Board anticipated when they approved the amendments for the
project. She said she thinks they have
to start changing the way they think about projects as they think about mixed
use. She has had an extensive discussion
with staff regarding the parking and number of units to make sure they feel
comfortable with that. She thinks what
the Board is seeing with this project is similar to what they will see in the
Land Development Code for mixed use development. She said she will support the change to this
project with the following conditions:
include the five items identified in the letter from Ivey Planning Group
regarding hours of operation, the location of the trash dumpsters, lighting
between Tall Trees Subdivision and the buildings adjacent to it, additional
landscaping to be placed for the best benefit to the development to the rear,
and the signage.
Commissioner
McLean suggested adding the commitment that the applicant will restripe the
parking spaces to 9 feet, if warranted.
Commissioner Carey agreed to
that additional condition.
Motion by Commissioner McLean, seconded
by Commissioner Henley, to approve the requested Major Amendment to the
Savannah Park at Heathrow Planned Unit Development (PUD); approve the revised
Final Master Plan, and approve Addendum #2, as shown on page _______, to the
Savannah Park at Heathrow PUD Developer’s Commitment Agreement, for 9.85+/-
acres located on the west side of International Parkway, between Wilson Road
and Wayside Drive; as described in the proof of publication, Savannah Meridian
Acquisition Group, based on staff findings, with the five commitments
identified by Commissioner Carey from the letter to Tall Trees Homeowners
Association and including the commitment to restripe to 9-foot parking spaces,
if necessary.
Under
discussion, Commissioner Van Der Weide expressed his concern about the open
space, with no age limits on the apartments, and said it’s the quality of the
open space that bothers him.
Commissioner
Dallari asked why there is no active recreation in the project.
Mr.
Watkins advised the Land Development Code does not require it. He said they do have additional community
activity centers.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Van Der Weide voted NAY.
AND REZONE/CPH ENGINEERS
Proof
of publication, as shown on page _______, calling for a public hearing to
consider enacting an Ordinance for a Small Scale Future Land Use Amendment from
LDR (Low Density Residential) to PD (Planned Development) and an Ordinance
rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); and approval
of the associated Development Order and Preliminary Master Plan for 7.36+/-
acres located on the south side of Slavia Road, approximately 250 feet east of
Red Bug Lake Road and Slavia Road; CPH Engineers, received and filed.
Mr.
Watkins presented the request. He asked
the Board to disregard the Development Order (copy received and filed) he
distributed at the beginning of the meeting as the applicant and staff did not
come to agreement on it. He stated the
P&Z Commission met on May 7, 2008 and voted 7 to 0 to recommend approval of
the requested Amendment and Rezone with the following conditions: (1) The applicant shall meet with the Red Bug
Residential Coalition prior to the Board of County Commissioners meeting for
the rezone and the Small Scale Future Land Use Amendment for the subject
property; and (2) The applicant to dedicate a cross-access easement to the
western adjacent parcel (Navidomskis Tract).
Staff is recommending approval of the Small Scale Future Land Use Amendment
from LDR (Low Density Residential) to PD (Planned Development) and rezone from
A-1 (Agriculture) to PUD (Planned Unit Development) and also recommends
approval of the associated Development Order and Preliminary Master Plan.
Mr.
Omana stated they concur with the staff’s recommendation for approval. He asked for clarification on the Development
Order distributed to the Board at the beginning of the meeting that staff asked
to be disregarded.
Mr.
Watkins explained the Development Order in the staff report is the current one
that staff is bringing before the Board for approval. He stated staff had attempted in the new
Development Order to include in their recommendation the cross access easement,
but staff is not in agreement on that.
The staff is not requiring that as a condition of approval. If the Board decides the cross access
easement is necessary, that is something they can add to the motion and it can
be put in the Development Order.
Commissioner
McLean asked how the applicant felt about the cross access easement to the
western adjacent parcel.
Attorney
Jason Merritt,
Chairman
Carey pointed out on the aerial map that giving cross access would only be of
benefit to the owner to the west and not necessarily to Mr. Stone. She said the Board doesn’t want to get into
the middle of a legal battle.
Tom
Cook,
Robert
Navidomskis,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Commissioner
Dallari reviewed the three elevations with Mr. Omana as provided in the agenda
packets and affirmed with him that depending upon the height of the building,
he would be changing elevations. Mr.
Omana stated he would commit to three stories and 45 feet.
Attorney
Merritt stated Mr. Stone’s concern is in having the latitude and flexibility as
private property owners to mutually negotiate an agreement for the cross access
between them that makes sense from both sides rather than having additional
parties of interest involved. He advised
Commissioner Dallari that Mr. Stone would be willing to accept if he put in the
Development Order that they are willing to mutually work something out on the
cross access as long as the entitlements are not conditioned upon access being
in a specific location, recognizing that depending upon timing and engineering
factors, access may not be agreed upon.
Motion by Commissioner Dallari,
seconded by Commissioner McLean, to enact Ordinance #2008-34, as shown on page
_______, approving a Small Scale Future Land Use Amendment from LDR (Low
Density Residential) to PD (Planned Development) and enact Ordinance #2008-35,
as shown on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit
Development); and approve the associated Development Order, as shown on page
_______, and Preliminary Master Plan for 7.36+/- acres located on the south
side of Slavia Road, approximately 250 feet east of Red Bug Lake Road and
Slavia Road; as described in the proof of publication, CPH Engineers, based on
staff findings and adding the three different elevations (one story, two story
and three stories) mentioned by Mr. Omana with a maximum 45-foot building
height; and with the applicant to make a good faith effort to work out a cross
access easement with Mr. Navidomskis.
Districts
1, 2, 3, 4 and 5 voted AYE.
CORP./MIKE HATTAWAY/ALBERT LAND
Proof
of publication, as shown on page _______, calling for a public hearing to
consider enacting an Ordinance rezoning from A-1 (Agriculture) to C-3 (General
Commercial & Wholesale) for approximately 3.09+/- acres located
approximately .5 miles south from the intersection of General Hutchison Parkway
and Timocuan Way, Sunshine Building & Development Corp./Mike
Hattaway/Albert Land, received and filed.
Joy
Williams, Planner, addressed the Board to present the request, stating the
Planning & Zoning Commission met on May 7, 2008 and voted 6 to 1 to
recommend approval of the request to rezone.
Staff finds the request is compatible with the surrounding zoning and
land use patterns, therefore, they recommend approval of the rezone request
from A-1 (Agriculture) to C-3 (General Commercial & Wholesale).
Chairman
Carey advised the Board received a letter (received and filed) from the city of
Ms.
DeBord stated the letter makes reference to a couple of policies in the
Comprehensive Plan. Policy Future Land
Use (FLU) 2.5 talks about looking at compatibility between opposing adjacent
land uses. She said the subject property
is already Industrial land use and they are not taking up a land use issue on
this property but are taking up the zoning.
The second issue is the discussion of the types of zoning districts
permitted within each type of land use category. She identified the different zoning districts
the Industrial land use category allows for.
She said the C-3 being asked for seems to be compatible with the C-3
that’s already in the area, and compatible with property that is next to this
site. She said one thing staff would
like the Board to keep in mind is that the C-3 requires the active/passive
buffer which A-1 zoning does not. Any
type of industrial zoning or commercial zoning would require more buffering
from the neighbors than is currently allowed in the A-1 district.
Chairman
Carey advised that the Board received this afternoon a request (copy of e-mail
received and filed) from two of the residents asking for a continuance of this
public hearing. Upon her direction, Mr.
McMillan explained how continuances are requested and handled.
Chairman
Carey submitted the letter from the city of
Mike
Hattaway,
Commissioner
Henley said he met yesterday with some of the residents and had a conversation
last night with Mr. Hattaway regarding some of things that could be done. Based upon the letters and information that
has come in and in meeting with some of the residents, he would like to clarify
some things. He asked Mr. Hattaway what
uses have been going on on the property.
Mr.
Hattaway advised Mr. Bush is in the infrastructure underground business, where
he does lift stations, putting in borings underneath roads and things like
that. He explained that Mr. Bush’s work
is a lighter type work on a much smaller scale than Mr. Fields’ business on the
adjacent property. Mr. Hattaway
described the kind of equipment Mr. Bush uses and stated there is absolutely no
work performed on the site unless there is work to improve the site like putting
in sod. He stated he knows of no code
violation that may have been issued to Mr. Bush.
Chairman
Carey advised she understood from Code Enforcement that the site needed to be
cleaned up, but they probably have not issued any citations.
Commissioner
Chairman
Carey stated if the zoning is approved and the current property owner wants to
come in and use the property, he would have to submit a site plan and do
certain things. However, if rezoned and
someone wanted to come in and put in a cement plant, that is allowable in C-3
and that could happen as well.
Ms.
DeBord explained what would need to happen if Mr. Bush would like to continue
to use the property if it is rezoned, including submitting a site plan and
coming under the active/passive buffer requirements. Also, any future development would require
another site plan.
Butch
Bundy,
Chairman
Carey said those issues will be dealt with when the property comes through for
a site plan change.
Mr.
Bundy stated, if approved, they would like restrictions placed on the usage to
not allow any wholesale meat and produce distribution facilities, no
manufacturing facilities, and any commercial activity would take place on the
northern end of the property adjacent to existing industrial with any retention
areas to be on the southern and eastern ends of the property.
Cindy
Bieloh,
Commissioner
Henley advised Ms. Bieloh that he nor his office has received one complaint
from the Skylark residents. He said if
it’s as bad as Ms. Bieloh said, why has he not heard about it. The only complaint he received was after this
rezoning was requested. He asked if the
Commissioners are to believe that all the conditions she described has occurred
as a result of this particular lot.
Ms.
Bieloh said it’s in conjunction with the adjacent property to the west that has
been having on-going C-3 activities with a tremendous amount of equipment,
pipes and debris.
Commissioner
Henley stated he has not been able to determine that the type of equipment that
Mr. Bush uses would cause all the ground shaking that Ms. Bieloh would feel 100
feet or so away.
Ms.
Bieloh said she can only testify to what she has seen personally, experienced
and witnessed. The other property is
three acres over and she can’t imagine all the ground shaking is coming from
that property. She said there is a lot
of activity going on behind her.
Robert
Meeks,
Chairman
Carey advised one of the reasons the owner would have to submit a site plan to
continue to use the property would be to address all the issues including the
active/passive buffer and how they are going to take care of the trucks.
Mr.
Meeks said, in regard to the buffers, if the Commission does approve this
request, he hopes they approve it with conditions for very strong buffers.
Chairman
Carey explained that this is a straight zoning request and there is no
negotiating on that. She advised Mr.
Meeks that staff can contact him when the site plan is submitted if the
rezoning goes forward.
Ms.
DeBord clarified for the Record that concrete plants are not allowed in C-3
zoning, but in M-1 zoning districts.
Becky
Kelly, 138 Clear Lake Circle, addressed the Board to state if the zoning
changes, she is asking that the maximum allowed buffering walls be done before
the property owners/applicant can go on to anything else. This would show good faith that they will
hold to their word. She said the
Chairman
Carey stated she understood there was a code violation on the property and she
understood Ms. Kelly’s frustration with code enforcement, and though the Board
has heard her concerns, they are here today to deal with the rezoning.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Chairman
Carey clarified what Ms. DeBord said and what the staff report says. If this project is approved, there are
certain issues the property owner would have to deal with before he can utilize
the property for a C-3 zoning. All those
conditions would have to be met before he can move forward.
District
Commissioner Henley stated the Board has heard and received a lot of letters
and opinions. They were opinions
expressed by individuals and they have a right to their opinion, but they
understand that opinions are not necessarily evidence. He said he has not received any hard evidence
on which the Board could base a denial of this request. It is within the land use and is a
continuation of everything that exists along the road, therefore, he
recommended approval of the request.
Motion by Commissioner Henley, seconded
by Commissioner McLean, to enact Ordinance #2008-36, as shown on page _______,
approving rezoning from A-1 (Agriculture) to C-3 (General Commercial &
Wholesale) for 3.09+/- acres located approximately .5 miles south from the
intersection of General Hutchison Parkway and Timocuan Way; as described in the
proof of publication, Sunshine Building & Development Corp./Mike Hattaway/Albert
Land, based on staff findings and including the conditions agreed to by Mr.
Hattaway.
Under
discussion, Chairman Carey stated if this property were able to be accessible
any other way besides
Districts
1, 2, 3, 4 and 5 voted AYE.
AMENDMENTS TO CHAPTER 40, PART
12,
SEMINOLE
Proof
of publication, as shown on page ________, calling for a public hearing to
consider adoption of an Ordinance amending Sections 40.262, 40.267, and 40.268
of Chapter 40, Part 12, Seminole County Code, revising certain terms,
conditions and requirements for the County’s Affordable Housing Committee
(AHAC) membership tenure, duties and responsibilities in conformance with
Section 420.9076, Florida Statutes; providing for codification; providing for
severability and providing an effective date, received and filed.
Shelley
McHaney, SHIP Program Manager, addressed the Board to present the request,
stating staff recommends adoption of the Ordinance.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to enact Ordinance #2008-37, as shown on page
_______, amending Sections 40.262, 40.267, and 40.268 of Chapter 40, Part 12,
Seminole County Code, revising certain terms, conditions and requirements for
the County’s Affordable Housing Committee (AHAC) membership tenure, duties and
responsibilities in conformance with Section 420.9076, Florida Statutes;
providing for codification; providing for severability and providing an
effective date; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S CONSENT AGENDA, Continued
Motion by Commissioner Henley, seconded
by Commissioner Van Der Weide, to approve and authorize the following:
Community
Services
Community
Assistance
55. Adopt appropriate Resolution #2008-R-164, as shown on page _______,
amending the Seminole County Administrative Code Section 4 to form an ongoing,
11 member Affordable Housing Advisory Committee (AHAC) as required by Florida
Statute 420.9076(2) and Florida Administrative Code 67-37.010.
56. Adopt appropriate Resolution #2008-R-165, as shown on page ______,
for the following nominees/appointment to the Affordable Housing Advisory
Committee (AHAC): Richard Kovacsik;
Kenneth York; Ken Ritter; Kenneth Bentley; Thomas Denove; Robert Kinney; April
Kaiser; Melanie Chase; Krissy Todd; Melvin Philpot; and Kip Beacham.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COUNTY ATTORNEY’S CONSENT
AGENDA, Continued
Other
Chairman
Carey stated Mr. McMillan has redrafted the information based on the discussion
this morning regarding Administrative Code Section 3.51, “Commissioner
Travel.”
Mr.
McMillan stated in the definition he left the 60-mile rule only because it
relates to getting prior Board approval for travel outside the 60-mile
range. In the section about use of
private vehicles, it provides that reimbursement for private vehicles would not
be authorized for travel confined to territorial
Motion by Commissioner Van Der Weide,
seconded by Commissioner Henley, to adopt appropriate Resolution #2008-R-160,
as shown on page ________, amending the Administrative Code Section 3.51,
Commissioner Travel.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA, Continued
Mr.
McMillan stated he has revised the resolution (copy received and filed)
regarding Item #46, Request to establish Oviedo Community Redevelopment Agency
(CRA), and provided each of the Commissioners with a copy. This has been reviewed by the attorney for
the City. He said he made some slight
changes to accommodate the City’s comments and put in a 20-year restriction the
Chairman
Carey noted that the resolution also has the caveat that the city of
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve and adopt appropriate,
revised Resolution #2008-R-163, as shown on page _______, that delegates to the
city of Oviedo the authority to establish a Community Redevelopment Agency, as
submitted by the County Attorney, and accept the Finding of Necessity Report,
as shown on page _______, to establish the Community Redevelopment Area.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
City of Oviedo CRA Delegation of Authority Resolution was received and filed.
E-mail
from Property Appraiser David Johnson to Commissioner Henley regarding the taxable
value of the proposed Oviedo CRA was received and filed.
Letters
and e-mails to Commissioner Henley in support of the Oviedo CRA were also
received and filed.
-------
Motion by Commissioner Dallari to
direct that in good faith the County staff (County Manager) speak with the city
of Oviedo to try to work out an agreement with the City on a redevelopment plan
with no financial commitment at this time, and bring this back before the
Board.
Under
discussion, Chairman Carey said it might be prudent to take this up after the
Whereupon,
Commissioner Dallari agreed that would be fine.
Commissioner
Henley asked staff to figure out a way to avoid the situation they ran into
with the city of
Commissioner
Van Der Weide seconded the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan reported, for information only, that the County received a ruling from
the Circuit Court last Friday on the appeal of the Rustling Oaks Rezoning which
was denied about two years ago. The
property is located on McCulloch and
PUBLIC COMMENTS
Robert
King, 2211 Black Hammock, addressed the Board to reiterate he’s present today
because of all the noise problems at his house.
He said the Commissioners suggested, about six months ago, that he
address his concerns to the Sheriff and he did so. He further said he’s at the point now where
he’s about to have it explained to him again by the Sheriff that the rules
don’t apply in his neighborhood. He
stated what he needs from the Board is for that explanation to be made to the
Commissioners by the Sheriff so that he doesn’t go around this circle one more
time and waste another year or two or three of his life. He said he is going to ask the Sheriff’s
Office to come and explain to the Commissioners on the public record so they
can hear it. He indicated that he’s
trying to be as patient as he can, however, his life is ticking by. His taking off from work to come and speak
during business hours is worth money to him.
He said the same rules should be enforced in his neighborhood and he
should get the same respect that everyone else in the County receives. He added that he is not exempt from that
respect.
Chairman
Carey asked that Ms. Coto and Ms. DeBord meet together with Sheriff Eslinger
and get an update on this issue, and see if there is something that needs to
come back to the Board or if this needs to be taken up in a different venue.
Speaker
Request Form for Mr. King was received and filed.
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John
Horvath,
Speaker
Request Form for Mr. Horvath was received and filed.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:58 p.m., this same date.
ATTEST _____________________ Clerk ____________________
Chairman er/cc