BOARD OF
JULY 24, 2007
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA,
held at 9:35 a.m., on Tuesday, July 24, 2007, in the SEMINOLE COUNTY SERVICES BUILDING at
Present:
Chairman
Vice Chairman Brenda Carey (District 5)
Commissioner Bob Dallari (District 1)
Commissioner Dick Van Der Weide (District
3)
Commissioner Michael McLean (District 2)
County Manager Cindy Coto
Deputy Clerk Eva Roach
The
Invocation was given by Father Benjamin Berinti, Church of the Nativity,
Longwood.
Commissioner
Carey led the Pledge of Allegiance.
AWARDS
& PRESENTATIONS
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-112,
as shown on page ________, proclaiming the week of August 5 - 11, 2007 as
Seminole County Fire Fighter Appreciation Week.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Board presented the Resolution to a representative from the Muscular Dystrophy
Association and Chief Leanna Raw, Seminole County Fire Department. The representative from Muscular Dystrophy Association
addressed the Board to express her appreciation.
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Chairman
Henley stated he will delay Senator Lee Constantine’s presentation of FRDAP
Grant Checks to the City of
Cindy
Coto,
Chairman
Henley requested that Item #41, Interlocal Agreement with City of
Commissioner
Carey clarified Item #31, authorize scheduling public hearing for the Myrtle
Lake Restoration project, that the residents believe the bottom of the lake
will be cleaned out and that is not the intent of this MSBU.
Robert
McMillan,
Ms.
Coto stated when staff appeared before the City of
Chairman
Henley stated he would hope that item would be continued until they receive
clarification from the City on
Jerry
McCollum,
Discussion
ensued relating to Item #5, Award CC-2098-07 Yankee Lake project. Staff is to come back with recommendations.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to authorize and approve the following:
Administrative
Services
Purchasing and Contracts
3. Approve
Amendment #1, as shown on page _________, to CC-0023-05/BLH with C.E.M.
Enterprises, Inc. to increase the not-to-exceed amount by $250,000.00 for a
total not-to-exceed amount of $494,093.00 over the term of the agreement.
4. Award
CC-2244-07/JVP, as shown on page _________, in the amount of $4,202,358.00 to
American Persian Engineers and Constructors, Inc. (APEC) of Orlando, Florida
for all labor, materials, equipment, transportation, coordination and
incidentals necessary to construct Phase 1A & 1B of trail, which includes a
3.0 mile trail with two bridges and 0.8 miles of sidewalk with one
bridge/boardwalk.
5. Award
CC-2098-07/DRR, as shown on page _________, in the amount of $9,173,442.00 to
Florida Design Contractors of Lake Park, Florida for all labor, materials,
equipment, tools, transportation, services and incidentals necessary for
construction improvements at Yankee Lake WRF and Greenwood Lakes WWTF.
6. Approve
ranking list and authorize rate negotiations for PS-1905-07/BLH - Engineering
Study, Inventory and Design for the Monroe Drainage Basin with CDM of Maitland,
7. Approve
Work Order #18, as shown on page ________, for PS-0381-06/BLH with Matern
Professional Engineering, P.A. of Maitland,
8. Approve
Work Order #6, as shown on page _________, for PS-5183-05/MJB - Master
Agreement for Continuing Contract - Minor Projects Construction &
Engineering in the amount of $117,664.40 to HDR Engineering, Inc. of
9. Approve
Change Order #1, as shown on page ________, to CC-0926-06/TLR, with Oklawaha
Farms, Inc. in the amount of $367,703.44 for additional channel excavation,
embankment and sod as required to prevent erosion along the banks of the canal.
10. Adopt appropriate Resolution #2007-R-125, as shown on page
________, amending Section 8.15 "Purchasing Policy" of the Seminole
County Administrative Code.
11. Approve negotiated rates and award PS-1666-07/BLH, as shown on page
_________, Final Design Services for
12. Approve Change Order #1, as shown on page _________, to
CC-0835-06/BLH with R.J.P. Enterprises, Inc. for additional materials and
installation of erosion control measures along the
13. Award RFP-600062-06/BJC Term Contract, as shown on page ________,
for Residential and Commercial Backflow Prevention Control Program, to ACE Flow
Control, Longwood, and authorize the Chairman to execute the Agreement.
14. Approve Amendment #1, as shown on page ________, to PS-5147-03/AJP
with Inwood Consulting Engineers,
15. Approve Amendment #4, as shown on page _________, to
RFP-4147-02/LJS - Mosquito Control Services Agreement with Clarke Environmental
Mosquito Management, Inc., increasing the fee structure of the Agreement.
16. Award CC-2087-07/BHJ, as shown on page _________, in the amount of
$393,000.00 to T & G Corporation d/b/a T & G Constructors of Orlando,
Florida for all labor, materials, equipment, transportation, coordination and
incidentals necessary for the installation of window security/impact resistant
film on all exterior windows, replacement of all overhead coiling doors and
replacement of aluminum louvers to meet Miami-Dade hurricane impact
requirements at the Public Safety Building located at 150 Bush Boulevard,
Sanford, Florida 32773.
17. Approve Change Order #2, as shown on page __________, to
CC-1449-06/BLH, with Mulligan Constructors, Inc. in the amount of $68,203.10
for additional demolition, concrete & masonry work, painting,
framing/drywall, flooring, and the installation of a lift system for disabled
persons.
Community
Services
Administration
18. Approve the following eight Byrne Grant applications and authorize
the Chairman to execute the following required documents, as shown on page
________: SCSO Digital In Car Video;
Ticket Writers For Patrol; Sanford Crime View I; Casselberry Traffic Technology
Enhancement II; Proactive Technology Deployment; Oviedo Police Department
Ticket Writer Purchase; Criminals Caught on Camera II; and Longwood Guardian
Watch System.
CDBG
19. Approve and authorize the Community Assistance Division to submit
the 2007-2008 One-Year Action Plan to the U.S. Department of Housing &
Urban Development (HUD), and authorize the Chairman to execute all related
forms and certifications, including the Grant Agreements, as shown on page
_______, with HUD, the Environmental Review Record, including the Finding of No
Significant Impact and Request for Release of Funds (FONSI/RROF), and to
execute all subsequent CDBG, HOME, and ESG Subrecipient Agreements, as shown on
page _________.
Community Assistance
20. Approve and authorize the Chairman to execute Satisfactions of
Second Mortgages, as shown on page __________, for the following households
assisted under the SHIP Home Ownership Assistance Program and the Emergency
Repair Housing Program: William E. &
Ruth E. Bennett; Gloria Washington & Johnny J. Dennis; Robert P. &
Heather M. Gordon; Eva Montford; Ralph L. Orr; Eleanor Patricia Ramos; Katrina
Ransom; Kathryn Fryer; and Ralph L. Orr.
Environmental
Services
Business Office
21. Approve release of the original Maintenance Bond for Water &
Sewer, Bond #08773999-M in the amount of $25,104.95 for the project known as
22. Approve release of the Water & Sewer Maintenance Bonds for the
following 4 sections of Lake Forest Projects:
23. Approve release of the original Water and Sewer Maintenance Bond
#41028926 in the amount of $53,366.80 for the project known as Regency Estates
Ph. 1 (fka
24. Approve release of the original Water and Sewer Maintenance
Agreement with Letter of Credit #F846407 in the amount of $20,965.00 for Lansdowne.
Fiscal
Services
Administration
25. Approve and authorize the Chairman to execute the Grant
Subrecipient Agreement, as shown on page _________, between the Florida
Department of Financial Services and
Budget
26. Adoption of Budget Amendment Resolution #2007-R-126, as shown on
page ________, #07-73 through the Public Safety Federal Grant Fund in the
amount of $382,407 to increase funding for the Public Safety Grant program.
27. Adoption of Budget Amendment Resolution #2007-R-127, as shown on
page _________, #07-74 through the General Fund in the amount of $51,000 to
increase funding for the Department of Juvenile Justice Pre-Detention Services.
28. Adoption of Budget Amendment Resolution #2007-R-128, as shown on
page _________, #07-75 to the Stormwater Fund in the amount of $150,000 to
provide additional funding for the
29. Continue to the County
Manager’s Briefing request to approve tentative proposed millage rates to
be included on Truth In Millage (TRIM) notifications at the maximum millage
rates per statutes that can be levied by majority vote of the Board, and
authorize staff to schedule and advertise two public hearings for the adoption
of the tentative and final millage levy and budget for Fiscal Year 2007/08.
30. Authorize staff to advertise and schedule a public hearing for
presentation of the proposed Port Authority budget for Fiscal Year 2007/08.
MSBU
31. Approve and authorize staff to schedule and advertise a public
hearing for establishing a Municipal Services Benefit Unit for the Myrtle Lake
Restoration project.
Leisure
Services
Parks and Recreation
32. Continuation of request
to approve and authorize the Chairman to execute the Second Amendment to the
Non-Exclusive Lease agreement with Seminole Baseball, Inc. for the rights to
the baseball facilities at Soldiers'
Planning
and Development
Development Review
33. Approve and authorize the Chairman to execute the final plat for
Provenance, containing 90 townhome lots on a 12.60 acre parcel zoned PUD,
located on the north side of Via Loma Drive, within Loma Vista PUD, and east
side of SR 426 (Aloma Avenue), in Sections 30 and 31, Township 21 S, Range 31 E,
(M/I Homes of Orlando, LLC, applicant).
34. Approve and authorize the Chairman to execute the final plat for
River Pine Estates, containing 11 single family residential lots on a 10.13
acre parcel zoned R-1AA, located on the north side of River Birch Avenue,
approximately 1300 feet west of Lockwood Boulevard, in Section 26, Township 21
S, Range 31 E, River Pine Estates, LLC.
35. Approve and authorize the Chairman to execute the minor plat for
Aloma Park Center, containing 2 lots on a 2.18 acre parcel zoned PUD (Planned
Unit Development), located on the north side of SR 426 (Aloma Avenue), west of
Tuskawilla Road, within Aloma Park PUD, in Section 36, Township 21 S, Range 30
E (Duke & Duke Investments, applicant).
36. Authorize the release of Irrevocable Letters of Credit numbered 55100119
and 55100208 for the Grande Oaks at Heathrow Subdivision as requested by Kolter
Communities, LLC., applicant, as they have been replaced with reduced Letters
of Credit numbered 55101278 and 55101279.
37. Approve and authorize the Chairman to execute the final plat for
38. Approve and authorize the Chairman to execute the final plat for
The Preserve at Lake Charm Subdivision, located between
39. Approve and authorize the Chairman to execute the final plat for
Hanover Pointe, containing 149 townhome lots on a 23.66 acre parcel zoned PUD
(Planned Unit Development), located on the west side of Longwood-Lake Mary
Road, approximately 700 feet south of Acorn Drive, within Hilltop
Drive/Longwood-Lake Mary Rd PUD; in Section 29, Township 20 S, Range 30 E
(Longwood/Lake Mary, LLC, applicant).
Planning
40. Approve the request by Bettina Fulford-applicant, for a Special
Event permit for a musical performance, to be held at 151 Lakeside Drive on
Saturday, July 28, 2007 from 3:00 PM to 7:00 PM subject to the following
conditions: (1) The hours of the musical performance shall be limited to 3:00
PM to 7:00 PM on Saturday, July 28, 2007 and (2) Applicant will notify
neighbors within 300 feet that the party is taking place.
Public
Safety
Animal Services
41. Continuation of request
to approve and authorize the Chairman to execute the Interlocal Agreement between
Seminole County and the City of Casselberry for the provision of animal control
services and accept the transfer of the City of Casselberry's Animal Control
inventory to the County to become effective upon signatures of all parties, or
August 1, 2007, the latter of the two; and approve and authorize the Chairman
to terminate the existing Interlocal Agreement dated October 23, 2001.
Public
Works
Engineering
42. Adopt appropriate Resolution #2007-R-129, as shown on page
_________, and authorize the Chairman to execute a Local Agency Program (LAP)
Agreement, as shown on page _________, with the Florida Department of Transportation
for the construction of the Cross Seminole Trail South III Project from State
Road 426 to State Road 434, Oviedo, and the associated wetland mitigation
restoration from County Road 419 to East Franklin Street. (FDOT FPN:
413747-1-58-01).
43. Adopt appropriate Resolution #2007-R-130, as shown on page
_________, authorizing the Chairman to execute a
Traffic Engineering
44. Approve and authorize the Chairman to execute the Amendment, as
shown on page _________, to the
45. Approve and authorize the Chairman to execute a Private Traffic
Signal Maintenance Covenant, as shown on page ________, with GRE Red Willow,
LP.
46. Approve and authorize the Chairman to execute a Traffic Enforcement
Agreement, as shown on page _________, between
Districts
1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize and approve the following:
Litigation
47. Approve proposed negotiated settlement relating to a tenant's claim
(Aquamarine USA, Inc.) for business damages as to Parcel Number
123 on the East Lake Mary Boulevard Phase II project. The proposed settlement
is at $162,107.50 inclusive of business damages, statutory interest, attorney's
fees and costs reimbursements and any other compensation or damages for this
tenant.
48. A business damage claim has been filed by Flightline of Sanford,
Inc. relating to Parcel Nos. 103/703 on the County Road 15 project. The owners of Parcel Nos. 103/703 are Winston
and Camini Singh. Flightline of Sanford, Inc. operates a business on the site
and has claimed $346,760.00 in damages exclusive of statutory interest,
attorney’s fees, and costs reimbursement up to the amount of the claim filed.
Request authorization to make a counteroffer based on the report of the
County’s business damage expert.
49. Approval of a proposed negotiated settlement relating to Parcel
Nos. 105/705, Forrester/Lamb property, County Road
15 road improvement project. The
proposed settlement is at the total sum of $108,000.00 inclusive of all
compensation to the owners, attorney fees of any kind, all costs, interest and
any other matter for which Seminole County might be obligated to pay relating
to these parcels and to provide a public water supply line to the owners’
property.
50. Approval of a proposed negotiated settlement relating to Parcel
Numbers 101C/101D, Seminole County State Road 46, Ltd. property,
County Road 15 road improvement project. The proposed settlement is at the total sum of
$60,000.00 inclusive of all compensation to the owner, attorney fees of any
kind, all costs, interest and any other matter for which
51. Acceptance of the proposed mediated settlement wherein the
Defendants (Timothy D. Hudson and TDS & Associates, Inc.) pay the total of $47,500.00
to Seminole County Government to settle this breach of contract action for
Defendants’ default on Affordable Housing Funding Agreements entered into with
Property Acquisition
52. Approve and execute Purchase Agreement, as shown on page ________,
relating to Parcel No. 100 (Parts A and B),
Aldi (Florida) LLC property of the County Road 15
(Monroe Road) improvement project, located at 4160 W. State Road 46, Sanford,
Florida, for $105,000.00 with no fees or expenses incurred by the property
owner.
53. Approve and execute Purchase Agreement, as shown on page _________,
relating to Parcel Nos. 747A and 747B, Schweizer/Berg/Brosius property of
the County Road 15 (
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS CONSENT AGENDA
Motion by Commissioner McLean, seconded by Commissioner Dallari to authorize and approve the
following:
Clerk’s
Office
54. Approval of Expenditure Lists, as shown on page ________, dated
June 11, 18 & 25; and Payroll Approval Lists, as shown on page ________,
dated June 9 & 23, 2007; Satisfaction of Lien for Cost of Incarceration, as
shown on page ________; Destruction List, as shown on page _________; BCC
Official Minutes dated June 12, 2007; and noted for information only the
following Clerk's "received and filed":
1. Notice of Application to Amend Water
Certificate for Ravenna Park/Lincoln Heights.
2. Memorandum
from
3. Memorandum
from
4. Development
Order, as shown on page _________, for Redmon Design Company Land Use Amendment
approved by the BCC on January 23, 2007.
5. Performance
Bond, as shown on page _________, for Nanak’s Landscaping Grounds Maintenance,
Inc.
6. Development
Order, as shown on page _________, for Witherite Guest House.
7. Satisfaction
of Lien, as shown on page _________, for Code Enforcement Lien #02-33-CEB April
Adams.
8. Amendment
#17, as shown on page _________, to PS-322-96, Bowyer, Singleton &
Associates.
9. Maintenance
Bond, as shown on page _________, for Banyan Pointe in the amount of
$36,537.75.
10. Cash Maintenance Bond & Escrow Agreement, as shown on page
_________, in the amount of $1,152 for Dunn & Savastano Dental Office.
11. Seminole Community College Audit for Fiscal Year ending June 30,
2006.
12. Letter of Credit, as shown on page _________, in the amount of
$131,400 for Grande Oaks.
13. Letter from
14. Tennis Pro Contracts, as shown on page _________, with Patricia
Gehret and Aubrey Stephenson.
15. Maintenance Bond, as shown on page __________, in the amount of
$16,821.37 for Chuluota Bypass, Live Oak Reserve Units 4 & 5.
16. Memorandum from
17. Memorandum from
18. Warranty Deed, as shown on page _________, for Lakeside Baptist
Church of Orlando, Inc.
19. Memorandum from
20. Memorandum from
21. Memorandum from
22. Memorandum from
23. Memorandum from Al Schwartz, Assistant
24. Title Opinion Letter, as shown on page _________, for SunCom,
Inc.
25. Performance Bond, as shown on page _________, for RFP-600094-06,
Nanak’s Landscaping.
26. Purchase Agreement, as shown on page _________, for CR 15 (
27. Maintenance Bond, as shown on page _________, in the amount of
$31,905 for River Run Townhomes.
28. Letter of Credit, as shown on page _________, in the amount of
$65,161 for Tusca Place-North aka Celery Estates.
29. Conditional Utility Agreements, as shown on page _________, with
Monroe Investments, LLC for Vantage Pointe.
30. Conditional Utility Agreement, as shown on page _________, with Dix
Ventures, Inc. for
31. Conditional Utility Agreements, as shown on page _________, with
Aldi LLC for Aldi Food Store.
32. Conditional Utility Agreements, as shown on page _________, with
Wal-Mart Stores, Inc. for Sam’s Club Fueling Station.
33. Acceptance of water system for Alaqua Lakes Ph. 8, as shown on page
_________.
34. W.O. #38 & #39, as shown on page _________, to CC-1267.
35. Amendment #5, as shown on page _________, to W.O. #62 for
PS-590.
36. Amendment #1, as shown on page _________, to W.O. #8 for
PS-373.
37. Amendment #1, as shown on page _________, to W.O. #50 for
PS-5165.
38. W.O. #49, as shown on page _________, to PS-5120.
39. W.O. #74 & #75, as shown on page _________, to PS-5165.
40. M-2028-07 Agreement, as shown on page _________, with Estep
Construction, Inc.
41. W.O. #48, as shown on page _________, to PS-5120.
42. Amendment #1, as shown on page _________, to W.O. #1 to
PS-1529.
43. W.O. #6, as shown on page _________, to PS-596.
44. Amendment #1, as shown on page _________, to RFP-4156.
45. W.O. #16, as shown on page _________, to PS-0381.
46. W.O. #15, as shown on page _________, to CC-1252.
47. W.O. #56, as shown on page _________, to PS-5150.
48. W.O. #6, as shown on page _________, to CC-1075.
49. RFQ-600182, The Doctor’s Center Health Services, as shown on page
__________.
50. Amendment #2, as shown on page _________ to W.O. #18 to
PS-5190.
51. W.O. #2, as shown on page _________, to PS-1175.
52. W.O. #26 close-out, as shown on page _________, for CC-1262.
53. W.O. #3 close-out, as shown on page _________, for CC-1284.
54. C.O. #2, as shown on page _________, to W.O. #3 for CC-0023.
55. Amendment #2, as shown on page _________, to IFB-3056.
56. W.O. #4, as shown on page _________, to PS-1501.
57. W.O. #46, as shown on page _________, for RFP-4214.
58. W.O. #4, as shown on page _________, to PS-0722
59. W.O. #28, as shown on page _________, to PS-5174.
60. Amendment #3, as shown on page _________, to RFP-4217.
61. Amendment #2, as shown on page _________, to IFB-3086.
62. W.O. #57 & #58, as shown on page _________, to PS-5150.
63. W.O. #17, as shown on page _________, to PS-0381.
64. W.O. #5, as shown on page _________, to PS-1529.
65. W.O. #59 & #60, as shown on page __________, to PS-5150.
66. W.O. #4, as shown on page __________, to PS-1074.
67. Third Amendment, as shown on page _________, to RFP-1091.
68. First Amendment, as shown on page _________, to Litigation
Consultant Services Agreement with Gerson, Preston, Robinson &
Company.
69. W.O. #47, #48, #50, #51, #52, #53, #54, #55 & #56, as shown on
page _________, to CC-1220.
70. W.O. #3, as shown on page _________, to PS-5181.
71. W.O. #3, as shown on page _________, to PS-1074.
72. W.O. #14, as shown on page _________, to PS-5182.
73. W.O. #7, as shown on page _________, to RFP-0225.
74. Amendment #2, as shown on page _________, to W.O. #2 for
PS-1020.
75. C.O. #1, as shown on page _________, to CC-1154.
76. W.O. #66, as shown on page _________, to PS-5130.
77. W.O. #6, as shown on page _________, to PS-1529.
78. C.O. #4, as shown on page _________, to CC-0509.
79. W.O. #61, as shown on page __________, to PS-5150.
80. Amendment #1, as shown on page _________, to M-491.
81. C.O. #1 & #2, as shown on page __________, to CC-1055.
82. W.O. #9, as shown on page __________, to CC-1057.
83. W.O. #10, as shown on page __________, to CC-1075.
84. W.O. #8, as shown on page __________, to PS-1529.
85. W.O. #50, as shown on page __________, to PS-5120.
86. W.O. #29, as shown on page ________, to PS-5174.
87. C.O. #3, as shown on page _________, to CC-0569.
88. Assignment Agreement for PS-5100, as shown on page _________.
89. Amendment #4, as shown on page ________, for M-385.
90. Copy of Order Approving Settlement Agreement for application for
increase in water & wastewater rates for Sanlando Utilities Corp.
91. Copy of Final Order Approving Joint Motion & Settlement
Agreement for Application for increase in wastewater rates for Alafaya
Utilities, Inc.
92. Amendment #1, as shown on page _________, to W.O. #22 for
RFP-4221.
93. W.O. #40, as shown on page _________, to CC-1267.
94. W.O. #4, as shown on page __________, to PS-5180.
95. Bids as follows: CC-2087-07,
PS-2051-07, CC-2098-07, PS-2014-07, PS-2144-07, RFQ-2199-07 and
CC-2244-07.
Sheriff’s
Office
55. Approve and authorize Chairman to execute and process the
associated Budget Amendment Resolution #2007-R-131, as shown on page ________,
in the amount of $904,060 for the Sheriff's Office budget for a grant agreement
with the Department of Children and Families to perform child protective
investigations in
56. Approve and authorize Chairman to execute a
Budget Amendment Resolution #2007-R-132, as shown on page ________, recognizing
$96,383 in additional FY 2006/07 SCAAP revenues and correspondingly increasing
the Sheriff’s FY 2006/07 operating budget by an equivalent amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Meloney
Lung, Support Services, addressed the Board to give an update on properties
under consideration for acquisition to expand the
Chairman
Henley stated FDOT owns 5 acres in that area and they indicated that they are
willing to turn that over to the County.
Staff did an analysis on the Upsala parcel and it indicated that there
are some wetlands in that area. There is
probably not enough area to build a sports field, but staff can explore that
property. He stated the Board has never
given any direction on the Bill Ray Nissan parcel and he would hope they can
add that to the list for negotiations.
Upon
inquiry by Commissioner Carey relating to the land at the community college,
Ms. Lung advised Chief Raw has indicated they are not going to install a burn building
but they are going to install a tower.
Commissioner
Carey stated she doesn’t think they should pursue the
Commissioner
Dallari stated he feels they need to continue looking at each of the properties
to see where they can go with the negotiations.
He further stated he feels it is important to look at the auto
dealership, but he would like staff to check and see what needs to be done for
renovation purposes so they can see what other additional costs there are, if
any.
Ms.
Coto stated part of staff’s evaluation would include what has to occur on the
site to make it usable for their purposes.
She feels the auto dealership could accommodate some of the County’s smaller
vehicles but not the heavy equipment or fire equipment, and there would have to
be significant modifications. Staff
would need to check into that to determine what investment is needed to make it
fully functional.
Commissioner
McLean stated he wants to make sure that the David Maus site is a done deal. Sometimes these have a potential of unraveling
on occasion. That is something they
could use in addition to the Bill Ray Nissan property (9½ acres). If the County has an opportunity to purchase
property and they have the funds available, they should go into
negotiations.
Commissioner
Van Der Weide stated he feels Bill Ray Nissan is the best plan, but he is not
sure if the public understands that this has been a well-thought plan for years
and these are not new wild adventures they are pursuing with taxpayers’ money.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to authorize staff to continue with the process
including the Bill Ray Nissan site.
Under
discussion and upon inquiry by Commissioner Carey, Chairman Henley advised his
understanding is they are not taking out anything at this time nor are they
closing until staff can come up with a contract that is acceptable to this
Board.
Commissioner
Dallari stated he would like staff to keep on reviewing that to see where they
are going with it. Commissioner McLean
agreed with that as well.
Ms.
Lung stated
Districts
1, 2, 3, 4 and 5 voted AYE.
AWARDS
& PRESENTATIONS (Continued)
Senator Lee Constantine addressed the Board
to present FRDAP Grant Checks to the City of
Senator
Constantine wished the Board the best on the commuter rail issue that is being
presented today. He stated he has been
looking with interest on the L&L acres and the Wekiva Springs protection
area.
Commissioner
Carey stated Florida Forever has done a lot of good throughout the State and
she asked Senator Constantine to explain what will happen to the Florida
Forever funds.
Senator
Constantine stated when the next generation of P2000 passed 10 years ago, it
went from a land purchase program to a program that had some emphasis that
would be local government and water resources and it assured the citizens of
Chairman
Henley recessed the meeting at 10:20 a.m., reconvening it at 10:25 a.m.
REGULAR
AGENDA (Continued)
Don
Fisher, Deputy County Manager, presented request for approval of the Second
Amendment to the
Commissioner
Carey stated she feels the $250,000 the City is matching should be in the
agreement. She stated Shane Kelley Park
was previously an equestrian facility before it became a park. Therefore, that area is already stabilized
but needs to be cleaned up and maintained.
She stated she would like to know if there were any funds available and would
they continue to do the other things the Friends of Winter Miles
requested.
Mr.
Fisher stated the discussions at the work session indicated that at a minimum
the parking trailhead and trail connection would be provided with those
funds. If there were any funds left
over, it would be applied toward the equestrian uses.
Chairman
Henley stated the agreement is very specific as to what the money can be spent
for. The other thing that was left out
in the agreement is the City couldn’t use grant funds for matching.
Mr.
Fisher stated there was discussion at the work session that the City would
provide 20 unpaved parking spaces and the trail connection. The City commented that they would work with
the Friends of Winter Miles to provide the other facilities, but that was not
the part of the agreement between the County and the City. Discussion ensued.
Commissioner
Dallari stated the City and County discussed that there would be matching funds
from both groups and it would be built per the master plan. The minimum would be the trailhead and any
money left over they would continue building off that master plan and that is
not in the agreement.
Ms.
Coto stated there was a lot of discussion about the master plan, but at the
conclusion of the work session there was discussion that the County would give
$250,000 for the unpaved parking lots, stabilized parking, etc. Anything the City decided to do above and
beyond that would be at the City’s expense.
Commissioner
Carey stated a training facility for the horses is already on the property;
therefore, it is already stabilized but has just grown up. She stated she can’t imagine it would take
$600,000 to do the minimum amount that needs to be done. She added she wants to make sure that the
rest of the money goes toward building out the master plan the City adopted.
Mr.
Fisher stated the City indicated through a press release that it was not their
intent at this time to provide the other equestrian elements, including the
ring or the barn.
Chairman
Henley stated what is in the agreement is the County will specify what that
will be used for and nothing was said about doing anything beyond what was in
the agreement. He stated any money they
can save off any project will help them rebuild the Contingency Fund.
Mr.
McCollum stated the City was responsible for the design and permitting and it
would tie into
Chairman
Henley read Section C of Page 2 and stated that is very plain as to what the
intent is. He stated the County and City
have not agreed to go beyond the amount.
Discussion ensued. He stated he
will continue this item to the
afternoon meeting in order to give staff time to work out an amendment based on
the e-mail.
-------
Dori
Debord, Planning & Development Director, addressed the Board to present
request to endorse the Regional Compact, Regional Framework and Actions Steps
on behalf of the Myregion.org effort. She
reviewed the history of the plan.
Phil
Laurie, Executive Director of the East Central Florida Regional Planning
Council, addressed the Board to advise he will be glad to answer any questions.
Motion by Commissioner Dallari, seconded
by Commissioner McLean to endorse the Regional Compact, Regional Framework and
Actions Steps on behalf of the Myregion.org effort; and authorize the Chairman
to execute the Regional Compact, as shown on page ________.
Under
discussion and upon inquiry by Commissioner Carey, Mr. Laurie advised he hopes
that the regional map will be reflected in the local Comprehensive Plan.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Tina
Williamson, Acting Planning Manager, addressed the Board to present request to reduce
the Code Enforcement Board lien from $6,675 to $3,411.38 for Case #06-89-CEB on
property located at
Upon
inquiry by Commissioner McLean, Ms. Williamson advised the mailing address is
for a company that Mr. Brutus works at and Ms. Velez is an employee who signed
the certified mail.
District
Commissioner Henley stated there has been a common problem with absentee owners
and he feels it is time to stop wiping these out because they didn’t get the
message. The message needs to be clear to
the absentee owners that, regardless, they are responsible for maintaining
their property. He recommended approving
reducing the lien to $3,411.38 and require these costs be paid within 60 days
or the lien will revert back to its original amount.
Motion by Commissioner Carey, seconded
by Commissioner Dallari to approve reducing the Code Enforcement Board lien
from $6,675 to $3,411.38 for Case #06-89-CEB on property located at 117 Ford
Avenue, Altamonte Springs, Phillip J. Brutus, and require these costs to be paid
within 60 days or the lien will revert to its original amount of $6,675; and
upon payment in full, authorize the Chairman to execute the Satisfaction of
Lien.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Ian
Sikonia, Planning, addressed the Board to present request to approve the
Developer’s Commitment Agreement for the Longwood Hills PUD, consisting of
3.8+/- acres located on the north side of
Upon
inquiry by Commissioner Carey, Mr. Sikonia advised the City of
District
Commissioner Henley stated he has met with representatives from the City of
Motion by Commissioner Dallari,
seconded by Commissioner McLean to approve the Developer’s Commitment
Agreement, as shown on page _________, for the Longwood Hills PUD, consisting
of 3.8+/- acres located on the north side of
Under
discussion, Matt West, Ivey Planning Group, addressed the Board to state they
have been trying to get the left-hand turn lane waived.
District
Commissioner Henley stated he will not support this project if it doesn’t have
the left-hand turn lane.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Austin
Watkins, Planning, addressed the Board to present request to approve Final Site
Plan and Addendum #2 for Parcel 4 of the West Lake Supercenter PCD, for an Aldi
Food Store consisting of 2.17+ acres, located at the northwest corner of the
intersection of Monroe Road and SR 46, W.D. Holdings. Each lot within the PCD was allowed to
develop as a separate phase and an addendum is added to the developer’s
commitment agreement at the time each final site plan is approved. At this time, the applicant is proposing a
16,929 sq. ft. grocery store with a building height of 23 ft. Staff recommends approval of the request.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to approve Final Site Plan and Addendum #2, as
shown on page _________, for Parcel 4 of the West Lake Supercenter PCD, for an
Aldi Food Store consisting of 2.17+ acres, located at the northwest corner of
the intersection of
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 11:00 a.m., reconvening it at 11:06 a.m.
-------
Jerry
McCollum,
Chairman
Henley expressed his appreciation to the
Commissioner
McLean stated he is excited with being able to move this forward. The agreements between FDOT and CSX have not
been formalized and he would like to see what safeguards were put in place
without a formal agreement between those two parties.
Guy
Minter, Deputy County Attorney, addressed the Board to advise the main
safeguard is the purchase agreement between FDOT and CSX to acquire the
corridor and the Central Florida Operating Management Agreement. The protection is primarily in the Interlocal
Operating Agreement in Section 3.02 that indicates there is a draft of these
two agreements that are attachments. The
protection is that if the ultimate agreement that is finally negotiated between
FDOT and CSX would impose a materially adverse impact on either the BCC or one
of the interlocal partners, then that would result in termination of these
agreements.
Commissioner
Dallari stated he would like to thank Congressman Mica for his tenacity in moving
this along over the years, because if it wasn’t for his leadership they
wouldn’t be here today. He stated the
easement does not talk about fiber optics and he would like to know if it is
going to be moved forward and how is it going to be addressed.
Mr.
Minter stated fiber optic is not stated in the commuter rail easement. It simply says it is going to be an easement
from the department to the commission to operate a commuter rail system and for
other uses not inconsistent with uses of the department. There is, a paragraph (Section 8) in one of
the agreements that addresses the topic of future agreements. He further stated he has raised concerns with
representatives of the department that, as it is written, it appears to
indicate that CSX would have the preempted right to future revenues from fiber
optic providers within that corridor.
Mr.
Minter informed Commissioner Dallari the representatives of FDOT are still
working on the fiber optic issue but as it stands now, there is no agreement
between the FDOT and CSX that gives the right to the Commission in the future
to gain revenues from fiber optics.
Upon
inquiry by Commissioner Dallari, Mr. Minter advised FDOT expressed their desire
that they do not want to be in the commuter rail business after seven years and
they will give that to the Commission.
He stated it does not say in the agreements that the buses will be
exclusively used for commuter rail.
Commissioner
Van Der Weide stated he believes, through a lot of effort from a lot of people,
that this has been studied to death. He
stated he feels that the future people in this community will appreciate what
they have and this is just the beginning.
Commissioner
Carey stated she feels the Central Florida Transportation Authority is an
important part of this and, without having a way to get from the train station
to your location, you cannot go anywhere.
She stated she feels
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to approve the Interlocal Funding Agreement,
as shown on page ________, with the Florida Department of Transportation and
the Local Government Partners for the Central Florida Commuter Rail System.
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to approve an Interlocal Goverance Agreement,
as shown on page ________, for Creation of the Central Florida Commuter Rail
Commission between the five Local Government Partners.
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to nominate whoever is the County’s Lynx
representative as
Under
discussion, Chairman Henley cautioned the Board against tying those two
together as this committee will be the most important commission established because
of the enormous amount of money and potential impact. He stated he doesn’t want to get into a
situation of choosing that member every year.
Commissioner
Carey stated Lynx is a very complex agency to understand and she doesn’t think
it will change every year.
Districts
1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to authorize staff to make any necessary
typo corrections to the interlocal agreements.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Henley stated he feels this is going to be appreciated more down the road than
it is today and it is something that they can be proud of.
Commissioner
Carey stated she would like to commend everyone for their work on this as it
has been shaky at times.
The
Representative from Congressman Mica’s office addressed the Board to state the
Congressman would like to extend his thanks for staying with him over these
years on this issue. He stated veterans
have called him supporting the commuter rail system for the new
Chairman
Henley stated he received letters from Dr. Hitt supporting the rail as well as
the veterans.
Commissioner
Carey commended the League of Women Voters for supporting this issue as well.
Noranne
Downs, FDOT District 5 Secretary, addressed the Board to thank them for their
leadership as this is going to help their children and grandchildren.
Bill
McDermott, Economic Development Director, addressed the Board to advise
Chairman Henley attended the Tourism Development Council meeting last week and
they voted to move this study forward to the Board. He introduced David Darcy, Real Estate
Research Consultants.
David Darcy addressed the Board to display a
PowerPoint Presentation (received and filed) relating to the Multi-Use Meeting
Facility Marketing & Financial Analysis.
He began his presentation by reviewing the following: RERC Research Efforts; Major Work Tasks; Key
Definitions; Hotel Market showing the four largest properties in
Tom
Coulter, RERC, addressed the Board to review the Funding Shortfall and the
Potential Sources to Fund the Shortfall.
Mr.
Darcy concluded his presentation by reviewing the Next Steps, as outlined.
Chairman
Henley stated this was brought to the Board in 1994 and he would like the Board
to explore the possibility of a larger facility so they can serve the community
better. He would like to explore the
possibility of a multi-use facility where they could bring in some sports
venues in addition to having meetings.
He would encourage the Board to move forward with an RFP to see who
would like to partner with the County.
Commissioner
Van Der Weide stated this has been an extremely long process. Staff will be going out with a request for an
RFP from the private sector to see if there are any interests. He stated he feels it should incorporate the
Chairman’s additional thoughts relative to the size of the project.
Commissioner
Carey stated she feels the County needs to think about what fits in the
community and what would work. She
stated she feels it is premature to go out with an RFP as they need to be more
specific about what they are looking for.
There are a lot of different models of convention centers across the
country and she would like to hear more about what has been built. She said she would like to know more about
how they propose funding this before businesses respond to an RFP. She stated she proposes to move forward with
further discussion of what kind of design is out there and how they will
address the cost. She said if they move forward
with those two analysis, they would have a better understanding of what to put
out in an RFP.
Chairman
Henley stated he would suggest allowing staff to do some work as to the size,
the use, and flexibility in detail, and then have staff to come back with some
guidelines that can be incorporated into an RFP.
Commissioner
Dallari stated they will be looking at tourism tax dollars and not ad valorem
property tax money. A facility like this
could be an economic engine for
Commissioner
McLean stated he feels what is going to make this an economical driver is
flexibility. He stated he feels the
questions they have can be worked out by due process. He added he also feels they should look at a
larger facility.
Commissioner
Carey stated she is not saying not to move forward, but she doesn’t think they
have enough guidelines to put it in an RFP.
She asked if they can use resort taxes under the current structure and
if not, what would they need to do to be able to do that.
Mr.
McMillan advised it is going to turn out to be depending on what the Board
decides they are building. He stated if
the study had been written differently they would have less problems with
it. He said there are legal definitions
for Convention Centers versus
Commissioner
Carey stated she would like to have an in-depth research from staff as to what
they can or cannot do.
Mr.
McMillan stated since the County managed to get the sports training facility
validated as a sports stadium, he feels staff can get there.
Chairman
Henley recommended that Ms. Coto and Mr. McMillan explore the type and size of
the facility and then have them to come up with information as to the funding
issues that are available.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to authorize staff to move forward with an RFP
to the private sector outlining the County’s goals and objectives for the
center and hotel site requirements after the Board receives answers to the two conditions
as stated by the Chairman.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 12:25 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 Sandy McCann, who were present at the
Opening Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Dallari,
seconded by Commissioner Carey to authorize the filing of the proofs of
publication for this meeting’s scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF DISCLOSURE
OF OWNERSHIP ORDINANCE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Ordinance amending the Seminole County Code and dealing with
disclosure of ownership interests in real property, received and filed.
Egerton
Van den Berg, 1245 Howell Point, addressed the Board to advise he was the
Chairman of the Sub-Committee of the Charter Review Commission that drafted
this proposed regulation. He said that
if the BCC adopted this ordinance, it will carry into effect the exact purpose
of the CRC. He stated, however, that he
has concern about one portion of the ordinance dealing with disclosure of the
ownership percentage.
Attorney
McMillan advised the language dealing with the percentage of ownership is found
on page 3, paragraph (c) (1), (3), (5) and (6).
He said disclosing the percentage of ownership is another level of
disclosure. He added that the Board can
make the decision about what level of disclosure they are comfortable
with.
Commissioner
Van Der Weide stated that as long as the ordinance does what the voters want,
he does not believe it needs to be carried to the “nth” degree.
No
one else spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt Ordinance #2007-23, as shown on page
________, as amended, striking all references to percentages of ownership and
interests, amending the Seminole County Code and requiring disclosure of
ownership in real property that is subject of an application for a rezoning,
future land use amendment, special exception, or variance, as described in the
proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
Attorney
McMillan advised an Application & Affidavit Form is included in the agenda
packet which will have to be modified to remove the ownership percentages. He added that the form is not part of the
ordinance.
CONSIDERATION OF COMMISSIONER
SALARY ORDINANCE
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an ordinance amending the Seminole County Code and effecting
Commissioners’ salaries, received and filed.
Attorney
McMillan presented the proposed ordinance, advising it limits any increase in
compensation for commissioners from exceeding the U.S. Consumer Price
Index. Also, annual increases must be
approved at a public hearing during the adoption of the County budget.
Upon
inquiry by Commissioner Henley, Attorney McMillan advised this ordinance goes
into effect immediately.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt Ordinance #2007-24, as shown on page _______,
amending the Seminole County Code and effecting Commissioners’ salaries, as
described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST THE BOA,
TODD RICHARD
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment’s decision to deny a side
street (north) setback variance from 25 feet to 0 feet for an existing wood
privacy fence in R-1AA (Single Family Dwelling District) located at 750 Preble
Avenue, Todd Richard, received and filed.
Planner,
Joy Williams, addressed the Board to present the appeal, advising the Board of
Adjustment unanimously approved a side street setback variance from 25 feet to
10 feet, therefore, requiring the applicant to move the existing fence line
south 10 feet. She further advised the
staff recommends the BCC uphold the decision of the BOA, therefore, denying the
appeal.
Todd
Richard, Appellant, addressed the Board to advise his fence was damaged during
the 2005 hurricane and he could not afford to replace it at the time. He said he replaced the fence after Code
Enforcement cited him; however, he did not know he had to obtain a permit so he
put the fence up without one. He
displayed a photograph of the fence, stating that if he has to move the fence
in, he will have to build around some trees that are in the way. He added that none of the residents living on
No
one else spoke in support or in opposition.
District
Commissioner Henley stated that there are a lot of structures and fences put up
in the County without a permit. However,
when a fence is damaged due to an act of nature, it must be rebuilt to meet the
current code. He expressed his concern
with setting a precedent in the area; therefore, he said he believes the BOA
has ruled properly.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to deny the Appeal, thereby, upholding the Board
of Adjustment to deny a side street (north) setback variance from 25 feet to 0
feet for an existing wood privacy fence in R-1AA (Single Family Dwelling
District), however, allowing the reduction, as recommended by the BOA, to 10
feet, located at 750 Preble Avenue, as described in the proof of publication,
Todd Richard.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOA,
JANET WORK
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment in denying a side yard
(south) setback variance from 10 feet to 6 feet for an existing room addition
in PUD (Planned Unit Development District), located at 2521 Ticket Ridge Court,
Janet Work, received and filed.
Planner,
Denny Gibbs, addressed the Board to advise the appellant and the homeowners
association are in mediation; therefore, a continuance has been requested.
No
one spoke in support or in opposition.
Speaker
Request Forms and Written Comment Form were received and filed.
Copy
of letter from the Sabal Point Community Services Association dated July 11,
2007 was received and filed.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to continue until August 28, 2007,
consideration of an Appeal against the Board of Adjustment in denying a side
yard (south) setback variance from 10 feet to 6 feet for an existing room
addition in PUD (Planned Unit Development District), located at 2521 Ticket
Ridge Court, as described in the proof of publication, Janet Work.
Districts
1, 2, 3, 4 and 5 voted AYE.
APPEAL AGAINST BOA,
DEBORA MOON
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment’s decision to deny the
permanent placement of a mobile home in the A-5 (Rural Zoning) at
Planner,
Kathy Fall, addressed the Board to present the appeal, advising the staff
recommends the BCC uphold the BOA’s decision.
Upon
inquiry by Commissioner Carey, Ms. Fall advised that the appellant moved out of
the mobile home on the property because of damage sustained by a
hurricane.
Commissioner
McLean commented that there is already a permanent mobile home in this
area.
Ms.
Fall showed a map of the area (not received & filed), advising the recent
trend for this area is toward conventional homes. She agreed that there is a permanent mobile
home already in the area because it was granted due to a medical hardship.
A
brief discussion ensued between the Board and
Debora
Moon, Appellant, addressed the Board to advise her father passed away and she
has had to remove the old mobile home because of the damage sustained by a
hurricane. She said she takes care of
her mother who wants to return to the property.
She stated that she has sold her home in Deltona in order to make her
mother happy. She further stated that
this is agricultural property and is on a dirt road with not a lot of traffic
on it.
Robert
Brant, abutting resident, addressed the Board to speak in support of the
placement of the mobile home.
No
one else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by Commissioner Dallari,
seconded by Commissioner McLean to grant the Appeal, thereby, reversing the
Board of Adjustment’s decision to deny the permanent placement of a mobile home
in the A-5 (Rural Zoning) at
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION OF REQUEST TO
REZONE
FROM A-1 TO RC-1, DARRYL
CULBRETH
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to rezone from A-1 (Agriculture) to RC-1 (Country Homes),
for 2.2 acres located on
Planner,
Herman Wright, addressed the Board to present the request, advising the
applicant wants to construct two homes on the property which is allowed within
the RC-1 zoning district. He further
advised the P&Z Commission unanimously recommended approval; and the staff
recommends approval also.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt Ordinance #2007-25, as shown on page _______,
granting rezoning from A-1 (Agriculture) to RC-1 (Country Homes), for 2.2 acres
located on Carter Road, as described in the proof of publication, Darryl
Culbreth.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 2:20 p.m., reconvening it at 2:26 p.m., this
same date.
FROM OP TO PUD, YRG HOTEL
GROUP II, LLC
Proof
of publication, as shown on page _______, calling for a public hearing to
consider request for a Small Scale Land Use Amendment from OFF (Office) to PD
(Planned Development) and a rezoning from OP (Office) to PUD (Planned Unit
Development) on 8.15 acres, located on the northwest corner of the intersection
of CR 46A and International Parkway, approve Preliminary Master Plan and
Development Order, YRG Hotel Group II, LLC, received and filed.
Planner,
Ian Sikonia, addressed the Board to present the request, advising the requested
zoning and land use will allow for a maximum 263-unit hotel with conference
facilities or a Target Industry use, a sit-down restaurant, and limited
Commercial/Office Uses to be designated at the time of Final Master Plan. He further advised that the applicant is
proposing two access points (as shown on the Preliminary Master Plan) and one
access point on CR 46A. Staff has
reviewed these access points and recommends that only one access be approved on
Commissioner
Carey clarified with Mr. Sikonia that the condition in the D.O. is “O” and not
“N”.
Attorney
Robert Apgar, representing Heathrow Oaks LLC, addressed the Board to advise
they have reached a settlement with the applicant with regard to the mutual
landscaping plan (copy received & filed); and, therefore, are in support of
the land use and rezoning.
Attorney
Steve Coover, representing YRG Hotel Group II, LLC, addressed the Board to
advise they have been able to work out an agreement with the neighbors to the
west with regard to the landscaping. He
said there are only two issues with this project. One is the access on
Charlie
Madden, developer’s engineer, addressed the Board to explain the access on SR
46A is very important for the functionality of the overall project, especially
with regard to the outparcels. He said
that he knows the objection by Heathrow is the number of cars that will try to
get to I-4, however, there are adequate stacking lanes that line up with Grand
Oaks and it should not create a problem for the Heathrow residents. With regard to the request for two access
points on
Blaine
Darrah,
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by District Commissioner Carey,
Upon
inquiry by District Commissioner Carey, Tom Daly, representing the developer,
addressed the Board to advise the agreed upon landscape plan with the western
property owner exceeds the County’s code.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide, to adopt Ordinance #2007-26, as shown on page
_______, approving Small Scale Land Use Amendment from Office (OFF) to Planned
Development (PD); and adopt Ordinance #2007-27, as shown on page _______,
granting rezoning from OP (Office) to PUD (Planned Unit Development) on 8.15
acres, located on the northwest corner of the intersection of CR 46A and
International Parkway, as described in the proof of publication, YRG Hotel
Group II, LLC; approve the Preliminary Master Plan, with the agreed upon
landscaping plan as presented, and Development Order, as shown on page _______,
as amended, with the following changes:
(1) Include in Condition K, that all the area west of the hotel shall be
green space except for sidewalks; (2) Change Condition O, to include two access
points on International Parkway; and (3) Change the signature line name to
Srinath Yedla.
Districts
1, 2, 3, 4 and 5 voted AYE.
FROM SE TO PD, CANIN
ASSOC./RONALD MANLEY
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request for a Large Scale Future Land Use Amendment from Suburban
Estates (SE) to Planned Development (PD); and rezoning from A-1 (Agriculture)
to PUD (Planned Unit Development) for 116.74 acres, located on the south side
of Lake Mary Boulevard, between Markham Woods Road and Heathrow Boulevard;
Preliminary Master Plan and Development Order, Canin Associates, Ronald Manley,
received and filed.
Assistant
Planning Manager, Tina Williamson, addressed the Board to present the request,
advising the proposed use is 130 single-family lots at a maximum density of 1.4
dwelling units per net buildable acre.
The proposed lot sizes will range from one acre or larger adjacent to
the A-1 zoning along the west property line to a minimum of 8,400 square feet
adjacent to the retail and condominiums in the Oakmonte PUD along the east
property line. The property is proposed
to be developed in a maximum of three phases.
She stated staff received the ORC Report from DCA which consisted of an
objection regarding establishing the maximum allowable density for this Future
Land Use Amendment to PD as 1.4 dwelling units per net buildable acre. If the Board approves this amendment, staff
will draft a response to DCA regarding the ORC and addressing the history of
the PD land use designation and its implementation. She further advised that staff recommends
approval of the land use amendment and the rezoning based on staff findings. She added staff also recommends that
Condition C in the D.O. be deleted in its entirety.
Attorney
Hal Kantor, representing the developer, addressed the Board to request approval
of the project and stated he will answer any questions.
Debra
Wert, 20 Stone Gate South, and Ann Breg, 26 Stone Gate South, addressed the
Board to speak in support, but expressed their concern about the south pasture
of the subject property, which they live along.
Ms. Wert stated Mr. Dicks (owner of the property) has promised that
there will be nothing built on this 85-foot property. She said they want to make sure that there
will be no RV storage, maintenance sheds, or storage of large equipment during
the construction phase.
Upon
inquiry by Ms. Wert, Chairman Henley stated that open space and green space is
basically the same thing.
Ms.
Wert questioned how the developer will keep people off the pasture land. She said currently there is a barbed-wire
fence and she would not want a wall erected.
Blaine
Darrah,
Olivia
Simmons,
Sarah
McClendon,
Michele
Hudson,
Chairman
Henley commented that the County has been put on notice that they must come up
with a plan to move toward an alternative water supply.
Ms.
Hudson stated that if we value the community, then keeping green areas is
something that needs to be planned for and seriously considered. She said that many people are unaware of
these development plans and of this hearing.
She added that she would be in favor of the County purchasing this land
for a park.
Chairman
Henley stated all the Commissioners would like to see this property left in its
natural state. However, when the County
looked into purchasing it, it was much too expensive at $30 million. He explained that there are laws which allow
property owners to use their property in a reasonable manner.
Gray
Hudson,
Jeff
Traylor, 191 Villa Di Este Terrace, addressed the Board to speak in opposition,
stating he just moved to the area three weeks ago and heard about the proposed
rezoning. He said the property is one of
the most beautiful he has seen. He asked if there is any way to keep the houses
beyond the tree line.
Clem
Grey,
Cindi
Freeman,
Quentin
Beitel, 4 Quail Run, addressed the Board to speak in opposition and to request
that the density be reduced.
Attorney
Kantor stated in addressing Mrs. Wert’s concern, they would agree to including
that no maintenance shed can be located on the southeastern end of the
property. With regard to the water
supply concerns, he advised that the Comp Plan process includes State agencies
that have the responsibility over water quality and resources. So the St. Johns River Water Management
District and the EPA are responsible for reviewing and permitting. He stated that the comment in the ORC Report
is just that, a comment and not an objection.
He added that this is the cleanest ORC Report he has ever dealt with in
his experience. He said that the land
has been available for sale for two decades; and he asked that the Board
approve the land use amendment and rezoning as recommended by staff.
No
one else spoke in support or in opposition.
Speaker
Comment Forms and Written Comment Forms were received and filed.
Photograph
of a cow at the lake on the subject property was received and filed.
Chairman
Henley stated it is true that the property has been for sale for a long time
and the County did not have the money to purchase it; even though they tried to
get the owner to donate it.
District
Commissioner Carey stated she would like to add the language suggested by
Attorney Kantor with regard to the southeastern portion of the property
(pasture) to not have any building or structures on it. She said she would also like to change the
language in Condition K to say, “the amenities shall be provided at the time of
the master plan” and not require a pool/clubhouse specifically.
Upon
inquiry by Commissioner Carey, Planning & Development Director, Dori
DeBord, addressed the Board to advise the DCA did review this amendment and
they had no issues at all with it. She
clarified the only objection was for further clarification in the County’s Comp
Plan. She said staff has proposed a
policy which, after this point, will establish the County’s future land use map
noting the various PD land uses that have been approved. She added that this is just a bookkeeping
exercise. Copy of revised ordinance was
received and filed.
Commissioner
Dallari stated he would like to see some consideration during the final
engineering that a stormwater system be designed so that there is no negative
impact to Linden Lake or Rice Lake, and that the developer be required to have
a geotechnical engineer review and certify that there is no negative impact
based upon, but not limited to, surface run-off, re-routing groundwater, soil
modification and/or percolation.
Commissioner
Carey asked if the developer is agreeable to this; whereupon, Development
Review Manager, Bryan Potts, addressed the Board to advise he has not shown Mr.
Kantor this language yet.
District
Commissioner Carey stated that right now
Mr.
Potts advised the applicant is agreeable to the language as presented by
Commissioner Dallari and has requested that the language be inserted in the
P&Z Commission’s comments, replacing #4, with one addition that where it
says “negative impacts”, he wants
that specified to “relative to water
levels and water quality of lakes”.
Commissioner
Dallari agreed with the clarification.
Motion by Commissioner Carey, seconded
by Commissioner Van Der Weide to adopt Ordinance #2007-28, as shown on page
_______, for a Large Scale Future Land Use Amendment from Suburban Estates (SE)
to Planning Development (PD; adopt Ordinance #2007-29, as shown on page
_______, approving rezoning from A-1 (Agriculture) to PUD (Planning Unit
Development); approve Preliminary Master Plan; and Development Order, as shown
on page ________, as amended, eliminating Condition C, revise Condition K (as
she recommended), add Condition Q (as offered by Attorney Kantor), and
replacement statement for #4 P&Z Commission’s comment, for property
consisting of 116.74 acres, located on the south side of Lake Mary Boulevard,
between Markham Woods Road and Heathrow Boulevard, as described in the proof of
publication, Canin Associates/Ronald Manley; and authorize the Chairman to
execute the documents, based on staff findings.
Under
discussion and upon inquiry by Ms. DeBord, Commissioner Carey clarified that the motion includes
approval of the text amendment that is in the ordinance itself.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Chairman recessed the meeting at 4:04 p.m., reconvening it at 4:11 p.m., this
same date.
Director
of Fiscal Services, Lisa Spriggs, addressed the Board to discuss the 2007
Millage Rate Analysis summary sheet (copy received & filed). She recommended the Board consider setting
the tentative proposed millage at the current rate so that the Board can have
some flexibility during the Budget Work Sessions next week.
Upon
inquiry by the Chairman, Ms. Spriggs advised the property tax reform impact to
the County for the first year is $27 million and $44 million for the second
year.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve the tentative proposed millage rate at the
current level to be included on the Truth in Millage (TRIM) notifications at
the maximum millage rates, per Statutes that can be levied by majority vote of
the Board; and authorize staff to schedule and advertise two public hearings
for the adoption of the tentative and final millage levy and budget for Fiscal
Year 2007/08.
Under
discussion, Commissioner Van Der Weide stated he does not think it’s a good
idea to set the millage at the current rate, because citizens are expecting a
reduction in property tax and they will see an increase. He suggested going with something between
rollback and the current rates.
Discussion ensued.
Commissioner
Carey withdrew the motion at this
time in order to allow the
REGULAR
AGENDA, CONTINUED
DCM,
Don Fisher, distributed a revised agreement (copy received & filed) between
Upon
inquiry by Commissioner Carey, Mr. Fisher advised the master plan is not
attached to the agreement. Discussion
ensued.
Commissioner
Carey stated the City adopted a master plan and the County knows what they want
to happen for their money. She said if
it does not take all the $250,000 committed by the County to accomplish what is
on the list, then she wants the remainder to be used on things in the master
plan. That is the reason she wants the
plan attached to the agreement.
Commissioner
Dallari suggested bringing this agreement back in two weeks.
Upon
inquiry by Commissioner Carey,
The
Board continued discussion of this item until later in the meeting in order to
give staff an opportunity to incorporate revised language.
CONSENT
AGENDA, CONTINUED
Discussion
ensued with regard to setting millage rates for the TRIM notification, with Ms.
Coto recommending that the Board establish the rate at rollback. She said this will still give the Board some
flexibility at the budget work sessions.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to approve tentative proposed millage rates at
rollback to be included on the Truth in Millage (TRIM) notifications at the
maximum millage rates per statues that can be levied by majority vote of the
Board; and authorize staff to schedule and advertise two public hearings for
the adoption of the tentative and final millage levy budget for Fiscal Year
2007/2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
The
Board agreed to allow the contract
to be renewed, but noted that a 30-day termination provision can be utilized if
necessary.
REGULAR
AGENDA, CONTINUED
Further
discussion ensued with regard to the Shane Kelley Park/Winter Miles agreement
with the City of
Mr.
Fisher proposed revised language on page 3, paragraph (f) of the agreement as
follows: “The City shall expend a
minimum of $250,000 for the completion of the City’s approved master plan for
Shane Kelley Park. Funds from the City
shall be from the City’s general fund and not from grants or other funding
sources.” Discussion ensued with regard
to Section 15 (c).
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to approve and authorize the Chairman to
execute the Second Amendment to the Seminole County and City of Oviedo
Community Park (Shane Kelley Park), as shown on page _______, as amended under
Section 15 (c) and subparagraph (f).
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Henley requested appointment of Curtis Gashlin to the Board of Adjustment,
replacing Melanie Chase.
Motion by Commissioner McLean, seconded
by Commissioner Dallari to appoint Curtis Gashlin to fill an unexpired term on
the Board of Adjustment for a term ending January 1, 2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLean, seconded
by Commissioner Dallari to adopt appropriate Resolution #2007-R-133, as shown
on page _______, commending Melanie Chase for her services on the Board of
Adjustment.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley requested appointment of David Volper to the Disability Advisory
Board.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to appoint David Volper to fill an unexpired
term on the Seminole County Disability Advisory Board for a term ending
January, 2009; and adopt appropriate Resolution #2007-R-134, as shown on page
_______, commending Erica Kosares for her service on the Disability Advisory
Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated
2. Memorandum
dated
3. Letter
dated
4. Copy
of letter dated
5. Memorandum
dated
6. Memorandum
dated
7. Letter
dated
8. Copy
of letter dated
9. Letter
dated
10. Letter dated
11. Copy of letter dated
12. Letter dated
13. Letter dated
14. Letter dated
15. Letter dated
16. Memorandum dated
17. Copy of letter dated
18. Letter dated
19. Letter dated
20. Copy of letter dated
21. Copy of letter dated
22. Letter dated
23. Letter dated
24. Letter undated to Property Owner from Ross Robert, Chairman-Sanford
Planning and Zoning Commission, re: Notice of public hearing to consider rezone
on
25. Letter dated
26. Notice and agenda for Seminole Co. Port Authority meeting on
27. Copy of letter dated
28. Fully signed letter dated
29. Copy of letter dated
30. Copy of letters of various dates from Tad Stone, Director, Public
Safety, re: Appreciation for recent donations to the following: Gloria Macdonald; Harold Gaye; Joseph &
Lynette Rogers; Bill Barnett & Roxanne Boone; Faye Holmes; Lorraine
Cerulli; Joseph Ragno; Robert Weinberg; Caroline McGaughey; Cheryl Arbutine;
Jerry & Donna Nelson; Georgia Daigle; and Carrie Sickler.
31. Letter dated
32. Memorandum dated
33. Letter dated
34. Letter dated
35. Letter dated
36. Copy of letter dated
37. Letter dated
38. Letter dated
39. 2006
40. Copy of letter dated
41. Copy or letters dated
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Carey reported that she and the firefighters conducted a clean-up on the
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Commissioner
Carey advised she attended the dedication and Grand Opening of the newly
renovated Men’s Shelter for the Rescue Outreach Mission of Sanford. She stated Richard Burke extended his thanks
to the Board for its support.
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Commissioner
Carey stated she recently attended the 2007 National Association of County
Officials in
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Commissioner
Carey distributed a copy of an article (not received & filed) that was in
the Success in Seminole Magazine regarding
redevelopment in the 17-92 Corridor.
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Commissioner
Dallari reported that the Chuluota Retrofit Project (
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Commissioner
Dallari advised the Willa Grove wall has been completed.
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Commissioner
Dallari stated the Florida Attorney General will be intervening in the Aqua
Utilities, Inc. issue regarding the rate structure in Chuluota.
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Commissioner
Dallari advised he attended the EDC meeting in
Chairman
Henley requested the
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Motion by Commissioner McLean, seconded
by Commissioner Dallari to appoint Lynetta Evette White to the Seminole County
Disability Advisory Board to finish out Paul Hutsko’s term ending January 1,
2009.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner McLean, seconded
by Commissioner Van Der Weide to adopt appropriate Resolution #2007-R-135, as
shown on page _______, commending Paul Hutsko for his service on the Seminole
County Disability Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari to appoint Richard Moseley to the Seminole
County Contractor Examiners Board for a one-year term, ending January 1,
2008.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
McLean announced that Money Magazine chose the City of Lake Mary
as the number 4 best small city to live in in the Country.
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Commissioner
McLean advised September 8 will the first day of the Helen Stairs Theatre’s
Fall season and a ceremony will be held for “Seminole County Day” where they
will be thanking the BCC for their funding.
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Commissioner
Van Der Weide requested the Board allow the County Manager, County Attorney,
and him to come up with a name for the 501(c)3 organization for the Memorial
Fund. The Board voiced no objections.
Ms.
Coto asked for direction with regard to the BCC meetings in November and December.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to schedule the following BCC
meetings: November 13 – regular Board
meeting; November 27 – Reorganization meeting; and December 11 – regular Board
meeting.
Districts
1, 2, 3, 4 and 5 voted AYE.
Ms.
Coto stated she does not believe even a small JPA can be done in 30 days.
Chairman
Henley instructed staff to meet with the City of
ITEMS
FOR FUTURE AGENDA
Alice
Demorest,
The
Board agreed to have the
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 5:50 p.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
er/slm