BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:32 a.m., on Tuesday, July 27, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Pastor Wes Tanksley, Church of God of Sanford gave the Invocation.
County Attorney Robert McMillan led the Pledge of Allegiance.
Michael Snyder, Florida Department of Transportation, addressed the Board to display a PowerPoint Presentation (received and filed) relating to an update of the Commuter Rail Transit Project. He stated the purpose of this update is to provide information on the status of the Commuter Rail Program; the present Funding Synopsis, and to receive action from the BCC to move with the next Phase of the Commuter Rail Program. He displayed and reviewed an overview of what the department has been doing over the past several years relating to Commuter Rail; the Locally Preferred Alternative (LPA) and the Initial
Operating Segment (IOS). He continued by reviewing the Ultimate Project of the LPA Stations.
Upon inquiry by Chairman McLain, Mr. Snyder explained why the City of Longwood has not been identified as a specific location for the LPA stations. That will be looked at and it can be accommodated if they so desire.
Mr. Snyder stated the Ultimate Project runs from 49 to 55 miles and they are looking more at the Debary and Orange City area in the number of stations. He continued by reviewing the Ultimate Project relating to Ridership and Project Costs; Initial Operating Segment; IOS Ridership and Project Costs; Comparative Existing Commuter Rail System and New Start Commuter Rail; and the Funding Synopsis for FY 04/05. He stated he is asking the Board’s authorization to move forward with the Environmental Assessment Phase of the Commuter Rail Project with $200,000 of local participation funds to be provided by Seminole County.
Upon inquiry by Commissioner Henley, Mr. Snyder advised that the cost does not include the relocation of the freight lines out of downtown Orlando.
Commissioner Van Der Weide stated the County has been on board with this project for at least two years and he believes this County was first to vote their fair share.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Resolution #2004-R-142, as shown on page _________, moving forward with the Environmental Assessment Phase of the Commuter Rail Project with the County to contribute $200,000 to the project.
Under discussion, Commissioner Maloy stated he feels the County should ask for the public’s support in funding this.
Commissioner Morris stated he agrees with Commissioner Maloy’s intent, but the Board supported the light rail system process and it failed. The reason that process collapsed was because of Orange County. No one county can do this and also Federal dollars are precluded if it is not a regional system. A regional system is required in order to get the Federal proportionate sharing. The issue here is if you go to the voters ultimately with a financial formula, you will need to know what it will cost as well as the feasibility and viability of the whole project.
Chairman McLain stated this is not a study but a process to evaluate the system of what the needs are and to do the preliminary engineering and design.
Kevin Grace, County Manager, addressed the Board to state there could be additional monies over and above the several million dollars set aside for mass transit right now.
Commissioner Maloy stated there is funding available through other channels in the County. The rail doesn’t go to one end of the county to the other and at some point you will have regional consensus. A lot of money has been spent on studies and the County has very little to show for it.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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Linda Watson, Executive Director of Lynx, addressed the Board to present Lynx’s FY 2005 Proposed Budget. She displayed a PowerPoint Presentation (received and filed) and reviewed the Budget Summary. She stated they have reduced the budget by $3.8 million and she explained how they did that. She reviewed the following: Municipality Funding Detail; Funding Methodology and FY 04-05 Budget Request; Nonlocal Funding relative to State, Federal and Medicaid Revenues; Cost of ADA Services; A Map showing the ADA Customer Home Locations in Seminole County; ADA Cost Options that are available for reducing the cost of ADA services; and Volusia Express Service Update. A North-South Commuter Rail Transit Briefing Booklet was received and filed.
Bill Schneeman (phonetic), Director of Operations, addressed the Board to answer Commissioner Van Der Weide’s question relating to the effects of ridership of the Express Service.
Upon inquiry by Commissioner Maloy, Ms. Watson advised the ADA services are medical trips and are probably spaced out more during the day.
Mr. Schneeman advised relative to ADA service trips that are not oriented towards going to work or school, they have tried to encourage the people to use the off-peak time periods. They have had some success, but they would like to see more.
Upon inquiry by Commissioner Henley, Ms. Watson advised Lynx is planning to come before the Lynx Board in the next couple of months regarding data for a potential fare increase. The study has been completed relative to what is happening in other jurisdictions throughout the State and she will be presenting it to the Board within the next couple of weeks.
Upon further inquiry by Commissioner Henley relative to advertising income on the buses, Ms. Watson advised it is currently at about $1.1 million and they have revamped that program and they will be hiring internal staff to deal with the advertising.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-135, as shown on page ________, commending Jane Dees for her 20 years of community service to the citizens of Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Grace informed the Board that Ms. Dees had to leave early and Ms. Beth Myers, Library Advisory Board Chairman, will accept on her behalf.
The Resolution was presented to Ms. Myers, who expressed her appreciation to the Board.
Chairman McLain stated he would like to personally present the Resolution to Ms. Dees.
Chairman McLain stated he would like to pull Item #4, Confirm appointment of Donald Fisher as Deputy County Manager, for a separate vote.
David Gregory, Solid Waste Management, addressed the Board to inform Commissioner Henley that stipulations are included in Item #8, Certificate of Public Convenience & Necessity, Sun State Trees and Property Maintenance, Inc. He read the following stipulations: The facility shall only process yard waste material generated by the holder’s own tree service operations; All material shall be processed and removed off site within 30 days on a first-in, first-out basis; No more than 300 cubic yards of material (processed plus unprocessed material) shall be stored on site at any one time; The facility shall be operated in accordance with applicable Florida Dept. of Environmental Protection standards; and The facility shall comply with all Federal, State, and local requirements and regulations. He stated it is an annual certificate. He reviewed for Commissioner Morris the hours of operation and the operation restrictions. Discussion ensued relating to Sun State Tree Service application.
Commissioner Morris complimented Commissioners Van Der Weide and McLain for their work in getting contributions on Item #12, BCR 04-41 to the trail system.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize and approve the following:
11. Authorize scheduling and advertising a public
hearing for presentation of the proposed Port Authority budget for FY
2004/05.
12. BCR #04-41 – $435,000 – Public Works –
Engineering – Fund: 32100 – Natural Lands/Trails Bond Fund. This budget adjustment will provide funds
for construction of a trailhead at Markham Woods Road and Long Pond Road and a
trailhead at Winter Miles Park. On June
8, 2004, the County Commission authorized staff to proceed with activities for
the design and construction of these two projects in FY 03/04. As identified in agenda Item #50 from the
referenced Board meeting, funds are available from monies currently budgeted
under Flagler Trail in the Natural Lands/Trails bond fund.
13. BCR #04-42 – $41,500 – Library & Leisure
Services – Parks & Recreation – Fund: 00100 – General Fund. The Parks & Recreation Division has $70,000
budgeted for playground equipment replacement at Greenwood Lakes Park. Since budget adoption, staff has learned
that the surfacing beneath the play units must be replaced as well to meet
current industry standards. An
additional $41,500 is required for the surfacing and site preparation. The Parks & Recreation Division has
$50,000 budgeted for replacement of a pavilion roof at Red Bug Lake Park. It was determined that the surfacing and
site preparation was a higher priority than the replacement roof. The pavilion roof will be deferred and
requested in the FY 04/05 budget.
14. BCR #04-44 – $67,359 – Public Works –
Engineering – Fund: 10101 – Transportation Trust Fund. Additional funding is needed for the
Flagler/FNST (Florida National Scenic Trail) Bridge Replacement. The project is currently budgeted at
$212,000 but the bid came in at $244,000.
Funding is also needed for materials and testing. Funding is available from the design account
for the bridge replacement and from small remaining construction account
balances in other trail projects.
15. Budget Amendment Resolution #2004-R-134, as shown on page ________,
$60,188 – Public Safety: 11200 – Fire Fund. This Budget Amendment recognizes
$60,187.50 in revenue received on May 7, 2004 as payment on a grant that was
awarded to the Seminole County EMS/Fire/Rescue Division on March 31, 2004 as
part of the EMS Grant Program through the Florida Department of Health. These funds are entitled End-Tidal CO2
Detection Module and will be used to upgrade Lifepack 12 defibrillators. This grant requires a 25% match of County
Fire funds ($20,063). The match portion of the capital is $18,718 will be redesignated
as follows: $11,273 savings on the
purchase of 6 defibrillators and by
deferring the purchase of the Nitrous Oxide replacements $7,445. The remaining match, $1,345 will be utilized
from the Operating Supplies account to match the grant operating funds.
16. Budget
Amendment Resolution #2004-R-136, as shown on page ________, $99,047 – Public
Works: 13000 – Stormwater Fund.
Additional funds are needed for the Waverly Way and the Oakhurst
Stormwater projects. The Waverly Way project requires additional sodding and a
driveway replacement (in lieu of patching) to eliminate road and property
flooding within the Knollwood Subdivision. The Oakhurst project requires
additional manhole and jack and bore work due to unanticipated field conflicts
with a telephone line. A transfer from Stormwater Fund Reserves is requested.
17. Budget Amendment Resolution #2004-R-137, as
shown on page ________, $8,575 – Public Safety: 00100 – General Fund. This Budget Amendment recognizes $8,575 in
revenue for a grant that was awarded by the Florida Department of Community
Affairs to the Seminole County Public Safety, Emergency Management
Division. This grant will be utilized
to update the Hazards Analysis data for Seminole County. There is no requirement to match the
allocation with County funds. This
Budget Amendment is contingent upon Board approval of the acceptance of this
grant.
18. Budget Amendment Resolution #2004-R-138, as
shown on page ________, $257,992 – Public Safety: 00100 – General Fund. This Budget Amendment recognizes $257,992 in
revenue for a grant that was awarded to the Seminole County Public Safety,
Emergency Management Division for State Homeland Security Grant Programs. The four components in the scope of work,
approved by the State, are: EOC enhancements, Local Planning, Local Exercises
and All Discipline Training. There is
no requirement to match the allocation with County funds. This Budget Amendment is contingent upon
Board approval of the acceptance of this grant.
19. Award
CC-1238-04/AJR, as shown on page ________, Seminole County Firefighter Training
Facility Re-Roofing Construction Project with the Roofing Connection, Inc. of
Orlando, FL, (Not-to-Exceed $248,400.00).
20. Approve
Change Order #7, as shown on page ________, to CC-1193-02/BJC – Wilson Park
Construction with Pooley Enterprises, Inc., Orlando ($52,385.00 + 152 days),
and authorize County Manager to execute same.
25. Approve
and authorize Chairman to execute the HUD required Grant Applications, Grant
Agreements and Document Forms, as shown on page _______, and to submit the
County’s 2004-2005 One Year Action Plan, as shown on page ________, of the
2000-2005 Five Year Consolidated Plan to the U.S. Department of Housing and
Urban Development (HUD).
34. Approve
and authorize Chairman to execute the Contract and Addendums, as shown on page
________, for the sale and purchase of vacant land located adjacent to Bear
Lake Road and SR 436 for the relocation and construction of County Fire Station
13 in the amount of $640,000.
36. Approve and authorize Chairman to execute Agreement, as shown on page ________, between Seminole County and the City of Sanford in the amount of $5,000 for the 2004 ISA Slow Pitch World Series to be held September 10-12, 2004.
37.
Approve
and authorize Chairman to execute Agreement, as shown on page ________, between
Seminole County and the Amateur Softball Association of America in the amount
of $2,500 for the 2004 ASA Men’s Major Slow Pitch Nationals to be held
September 14-16, 2004.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman McLain commented on Item #4, Confirm appointment of Donald Fisher as Deputy County Manager, stating he would like to personally commend Mr. Grace for his selection in working within the organization to obtain a Deputy County Manager. He stated there were three or four very qualified directors in this organization that could have filled that slot.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to confirm appointment of Donald Fisher as Deputy County Manager, effective July 28, 2004.
Under discussion, Commissioner Morris stated he concurs with Chairman McLain’s comments.
Commissioner Van Der Weide stated he feels that Mr. Fisher is aware that there were three other highly qualified candidates to fill that position and he wishes him the best.
Chairman McLain stated Mr. Grace has reevaluated and realigned the different departments under the two Deputy County Managers. He stated he feels it is important that his philosophy of letting each Deputy County Manager have an opportunity to learn about each division.
Mr. Grace stated he sent a memo outlining that. He said he tries to move those responsibilities around exposing the different departments to each of the Deputy County Managers.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Robert McMillan, County Attorney, addressed the Board to request that Item #42, Attorney Fees and Costs relating to complaints against Commissioner Morris, be pulled for a separate vote. He pointed out that Item #41, the final closing for CSX Transportation Purchase Agreement, has been before the Board a couple of times in the past.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize and approve the following:
38. Approve
and execute Purchase Agreement, as shown on page ________, relating to Parcel
Number 151/751 of the Lake Drive road improvement project, located at 1440
Azalea Avenue, Casselberry, in the amount of $180,000.00, including attorney
fees and expert costs incurred, Daniel
and Jacqueline Guenther.
39. Approve
and execute Purchase Agreement, as shown on page _________, relating to
Parcel Number 136 of the Lake Drive road improvement project, located at 1930
Lake Drive, Casselberry, in the amount of $160,000.00, with no fees, costs or
expenses incurred, Desmond and Jennifer
Assam.
40. Approve
and execute Purchase Agreement, as shown on page ________, relating to
Parcel Number 142 of the Lake Drive road improvement project, located at 1827
Lake Drive, Casselberry, in the amount of $27,500.00, including attorney fees
and costs incurred, Thomas A. Murphy.
41. Approve and execute Purchase Agreement, as
shown on page ________, relating to the early acquisition of property owned by
CSX Transportation, Inc. (CSX). Part of this property is necessary to be
acquired in order to construct improvements to Bunnell Road, and the remainder
to be purchased will be used for a public trail project. The proposed Agreement
purchases CSX’s ownership interest in the approximately 14.7 acres of property
for the amount of $2,819,738.00, inclusive of all fees, costs and expenses. The
Board previously approved the purchase of the leasehold interest over this
property from Florida Central Railroad Company (FCRC) for the amount of
$996,000.00, contingent upon agreement being reached with CSX. The total amount
to be paid for the railroad property is $3,815,738.00.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Henley, seconded by Commissioner Van Der Weide
to approve request for payment of attorneys’ fees and legal costs in the
amount of $12,953.21 and authorization for County Manager to execute
budget transfer relating to the payment for representation of Commissioner
Randall C. Morris before the Florida Commission on Ethics.
Under
discussion and upon inquiry by Commissioner Maloy, Mr. McMillan explained the
process of certain expenditures.
Commissioner
Henley asked if there is any recourse the County can take to recover the money
from those who filed the complaint.
Mr.
McMillan stated he doubts that it can be done but he will check into that and
get back to the Board.
Chairman
McLain stated public service is rewarding but there are challenges and pitfalls
included in that. He stated he is proud
to see that there were no findings of fact and the Commission on Ethics
dismissed it.
Commissioner
Van Der Weide stated the beautiful thing is this came under $13,000.
Commissioner
Morris stated he will not be voting on this issue because the County Attorney informed
him that there is a conflict. He stated
part of one of those bills will be paid by him directly. The largest bill was billed directly to the
County and not to him. The nature of
the bills is about 1/3 typically what a bill would be. He noted that he was not billed for any of
his outside expenses and he chose not to do that. He stated he will not be voting on this issue and he would
suggest that Commissioner Maloy not vote as well because of his potential
knowledge, advanced knowledge, advice or reference, giving directions and
suggestions either directly or indirectly regarding these complaints.
Commissioner
Maloy stated he appreciates Commissioner Morris’ concerns. He asked if he is referencing the phone call
conversation that occurred.
Commissioner
Morris stated he is referencing to anything that he dealt with regarding the
complaints.
Commissioner
Maloy stated obviously the vote over there was an uncomfortable one regarding
Commissioner Morris’ property and he would not have been involved doing
development issues as a commissioner.
However, that is his choice. He
asked if Commissioner Morris had any specific allegations.
Commissioner
Morris stated as long as Commissioner Maloy feels that he has not had any
involvement directly or indirectly in any of these complaints, he can go ahead
and vote on this issue.
Upon
inquiry by Commissioner Maloy, Mr. McMillan advised he knows nothing that would
prevent Commissioner Maloy from voting on this item.
Districts
1, 3, 4 and 5 voted AYE.
Commissioner
Morris abstained from voting.
Commissioner
Morris stated he will be filing a Conflict of Interest Form, as shown on page
________. He stated one of the reasons
they could not use the County Attorney in defense was because of the three
charges. This made it very difficult
for them to work together in a proper defense.
His office did file sworn statements regarding to assertive defenses
they put up.
CONSTITUTIONAL
OFFICERS CONSENT AGENDA
CLERK’S OFFICE
Motion by Commissioner Van Der Weide, seconded by
Commissioner Henley to authorize and approve the following:
43. Expenditure Approval Lists, as shown on page ________, dated June 28, July 6 & 12, 2004; and Payroll Approval List, as shown on page ________, dated June 17, 2004.
Jason Patrick Lukert, #02-3592-CFA - $158
Gregory Mills Smires, #01-2039-CFA - $443 Fine and Court Costs
Mark Christopher Smith, #99-2098-CFA - $328
45. Chairman to execute the following Satisfactions of Judgment/Bail Bond Liens:
John Thomas Killingsworth & Evergreen Natl. Indemnity Co. - $2,038
Frances Previl & Roche Surety & Casualty - $1,038
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted,
for information only, the following Clerk’s “received & filed”:
1. Memorandum to Sandy McCann, Commission
Records, from Linda Eiland, Risk Management, submitting Endorsements #4 &
#5, as shown on page ________, to the Excess Workers’ Compensation Policy as
approved by the BCC on Sept. 23, 2003.
2. Memoranda to BCC from Kevin Grace, County
Manager, re: Capital Project Fund
Transfers relating to CR 427 Phase I and Wilson’s Landing Park.
3. Audit of Traffic Engineering and Stormwater
Divisions as submitted by the Clerk of Circuit Court.
4.
Letter to Sandy
McCann, Commission Records, from BeJay Harbin, Planning & Development,
submitting the following: Performance
Bond & LOC, as shown on page _________, in the amount of $232,994.30 for
project known as Tuscany Island Subdivision; Maintenance Agreement & LOC,
as shown on page ________, in the amount of $3,324.50 for the project known as
Oviedo Crossings Professional Plaza; Maintenance Bond, as shown on page
_________, in the amount of $2,785 for the project known as Lakewood Pointe
Office Park; Maintenance Bond, as shown on page ________, in the amount of
$2,530 for the project known as South Orlando Drive ROW; Maintenance Bond, as
shown on page ________, in the amount of $10,961.34 for the project known as
Rinehart Road ROW AmSouth Driveway; Maintenance Bond, as shown on page
________, in the amount of $42,053 for the project known as Magnolia Plantation
Phase 5; Performance Bond, as shown on page ________, in the amount of $6,600
for the project known as Lake Forest Commercial Lot 3; and Subdivision
Performance Bond, as shown on page ________, in the amount of $252,233.77 for
the project known as Buckingham Estates Phase 3 & 4.
5.
Second
Amendment, as shown on page ________, to PS-5101-01.
6.
City of
Longwood Ordinances #04-1690 and #04-1691 relating to annexations.
7.
First
Amendment, as shown on page ________, to Bid 298-04.
8.
Second
Amendment, as shown on page _________, to PS-564-00.
9.
First
Amendment, as shown on page ________, to RFP-4213-04.
10.
Work Orders
#12, #13, #14, #15, #16, #17, and #18, as shown on page _________, to
CC-1220-03.
11.
Work Order #5,
as shown on page _________, to PS-5144-03.
12.
Amendment #1,
as shown on page _________, to M-422-04.
13.
Work Order #2,
as shown on page _________, to M-401-03.
14.
Work Order #17,
as shown on page _________, to RFP-4173-02.
15.
Amendment #1,
as shown on page _________, to Work Order #8 to RFP-4173-02.
16.
Revised Work
Order #17, as shown on page ________, to PS-5130-02.
17.
Work Orders #18
& #19, as shown on page ________, to CC-1212-03.
18.
Work Order #26,
as shown on page _________, to PS-5129-02.
19.
Work Order #1,
as shown on page ________, to PS-5158-04.
20.
Work Order #6,
as shown on page _________, to PS-5150-03.
21.
Work Order #50,
as shown on page ________, to PS-556-00.
22.
Work Orders #7
& #8, as shown on page ________, to CC-1222-03.
23.
Amendment #2,
as shown on page _________, to Work Order #2 to PS-5106-01.
24.
Amendment #1,
as shown on page ________, to Work Order #15 to PS-586-01.
25.
Work Order #51,
as shown on page _________, to PS-556-00.
26.
Work Order #79,
as shown on page ________, to PS-590-01.
27.
Work Order #27,
as shown on page ________, to PS-5129-02.
28.
Work Order #1,
as shown on page _________, to RFP-4196-03.
29.
Bids as
follows: CC-1237-04; CC-1239-04;
RFP-4220-04; 2nd Submittals for RFP-4221-04; and RFP-4222-04.
LEGISLATIVE UPDATE
Sally
Sherman, Deputy County Manager, addressed the Board to state the doubling of
the Homestead Exemption has been tossed out by the Supreme Court. She stated the legal proceedings for the
Department of Juvenile Justice Cost Shift has been filed on July 16. She said 13 counties served as plaintiffs
with the Florida Association of Counties.
She added staff will be bringing back an update of the legal
proceedings.
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The
Chairman recessed the meeting at 10:30 a.m., reconvening at 10:40 a.m., with
all Commissioners present.
REGULAR AGENDA
Jeff
Hopper, Planning, addressed the Board to present request to approve Final
Master Plan and Developer’s Commitment Agreement for Lakeview Estates PUD;
located on the west side of AAA Blvd., ½ mile north of International Parkway,
Meredith Pickens. He stated the
development consist of 37 single-family homes at a maximum density of 4 units
per net buildable acre. He said both projects
would share a common access connection to AAA Blvd. to the south, while the
existing access to the site from Banana Lake Road will be closed. He reviewed the maximum density and
adjoining site locations. He added
staff recommends approval of the project subject to the following
amendments: A setback of 40 ft. for
Lots 16 and 17 with 2-story homes and the current setback to be 20 ft.; the
masonry wall for Lots 16 and 17 would turn to the north and to extend the 25
foot upland buffer; and move the hammerhead turnaround for Banana Lake Road
approximately 30 ft. to the south to avoid conflicts with the Springfield
driveway on the west side of the road.
A copy of the amendments was received and filed. He advised that Item IX.C will be reworded
to read, “launching of watercraft on Banana Lake from the subject property
shall be prohibited”.
Heather
Kowalski, Shutts & Bowen, addressed the Board to state she is in agreement
with the suggested changes.
Ms.
Kowalski discussed with District Commissioner McLain to the watercraft issue.
Upon
inquiry by Commissioner Henley, Mr. McMillan advised he doesn’t know what the
PUD agreement says relative to the watercraft.
If it says no watercraft, it cannot be changed as part of the Final
Master Plan.
Upon
inquiry by Commissioner Morris, Mr. McMillan advised the development order has
to be amended to permit watercraft on both sides. The zoning prohibits watercraft but a minor change can be done
administratively.
District
Commissioner McLain recommended approval subject to staff recommendations and
changes.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to approve the Final Master Plan and Developer’s
Commitment Agreement, as shown on page ________, with changes noted, for
Lakeview Estates PUD; located on the west side of AAA Blvd., ½ mile north of
International Parkway, Meredith Pickens.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Suzann
Bunn, Tourism Development, addressed the Board to request approval of an
Agreement with the City of Altamonte Springs for the Merrill Park Softball
Complex in the amount of $50,000 per year for ten years, totaling
$500,000.
Ron
Retagonda (phonetic), Executive Director of USAASA, addressed the Board to
review the background of the United States Women’s Olympic softball team using
Merrill Park Softball Complex for training and tournaments.
Mr.
Retagonda answered questions for Commissioner Henley relating to the number of
training sites throughout the U.S.; the length of the training sessions, how
many exhibition games are played and how many attend them, how much utilization
will there be if the County spends this amount of money, how many weeks the
Olympic group will be utilizing the fields, and who controls the charges of the
exhibition games.
Upon
inquiry by Commissioner Morris, Mr. Retagonda advised the U.S. Women’s Olympic
softball team will designate this complex as their official training site.
Motion by Commissioner Van Der Weide, seconded by
Commissioner Maloy to approve and authorize Chairman to execute an Agreement,
as shown on page ________, with the City of Altamonte Springs for the Merrill
Park Softball Complex in the amount of $50,000 per year for ten years, totaling
$500,000.
Under
discussion, Commissioner Henley stated he doesn’t see any language in this
agreement that is like the agreements with the City of Sanford. He stated he would like to see each city be
treated equally and he would like to see some language in the agreement
relative to private contributions that would help to reduce the County’s annual
obligation. He said this type of
language isn’t in the agreement and he feels it should be included.
Mr.
McMillan stated those are policy issues rather than legal issues and if the
Board wants to put that in the agreement, they can do that.
Mr.
Grace stated this was negotiated with the City of Altamonte Springs but the
issue of reducing the County’s contribution has been entirely
unsuccessful.
Commissioner
Morris stated it would seem to him that Altamonte Springs wouldn’t object to
that if they got funds from other sources.
He recommended including that language in the agreement.
Commissioner
Van Der Weide stated he would have no problem accepting that friendly
amendment.
Commissioner Morris reiterated that the friendly
amendment includes that if this project has a source of funds (by grant or
other) that would pay for the cost of the project, that the County’s obligation
would be reduced.
Chairman McLain stated if Altamonte Springs
is successful raising grants or other sources or anything above the City’s part
of it, it would help the County by reducing the TDC monies. The TDC money is very valuable to the County
and they would like to spend it properly.
Jason
Weeks, Director of City of Altamonte Springs Sports, addressed the Board to
state he has no problem putting that language in the agreement.
Upon
inquiry by Chairman McLain, Mr. McMillan advised the City of Altamonte Springs
couldn’t use this money for any other purposes. This contract can only be terminated for two reasons, one is if
they don’t commence within a particular time, and only if they violate the
conflict of interest provision. If they
abandon the project, he believes they would breach the contract and they cannot
spend the money anyway.
Discussion
ensued with Mr. McMillan and Commissioner Henley relating to a guaranteed line
of credit and their obligation.
Chairman
McLain stated the County has an excellent relationship with the City of
Altamonte Springs and they have been very successful in the sports market
program. The County is fortunate to
have the USA Women’s softball team participating in Seminole County. He said he has full faith in Altamonte
Springs’ integrity and their ability to deliver a product. He said he doesn’t have a problem with the
agreement.
Commissioner
Van Der Weide stated he shares the Chairman’s thoughts and he has a lot of
confidence in the City of Altamonte Springs and respect their ability to
perform.
Commissioner
Henley stated he is not opposed to the project, but the County had other
requirements with another city for a similar type thing and he feels that it
should be dealt with. He stated he
feels the document should be more specific in certain areas.
Commissioner
Maloy stated the City of Altamonte Springs has always done a good job with
their promotion.
Upon
inquiry by Chairman McLain, Mr. Grace advised this was recommended and
supported by the Tourist Development Council.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Lisa
Spriggs, Fiscal Services Director, addressed the Board to present request to
establish the tentative proposed millage rates to be included on TRIM
notifications and to authorize scheduling two public hearings for the adoption
of the tentative and final operating and capital budget for FY 2004/2005.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to set the tentative proposed millage rates to be
included on TRIM notifications and to authorize scheduling two public hearings
for the adoption of the tentative and final operating and capital budget for FY
2004/2005.
Districts
1, 2, 3, 4 and 5 voted AYE.
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David
Gregory, Solid Waste Management, addressed the Board to give an update on the
status of the Residential Solid Waste Collection Franchise Agreement with
Republic Services for Service Area 3.
He stated Republic Services has indicated that they could honor the
previously negotiated price for residential collection services if minor
changes were made in the negotiated franchise agreement. The following changes are: (1) The Consumer Price Index (CPI) annual
cap be increased up to 4.75 percent; (2) The first annual CPI increase will be
effective in January 2006; and (3) Allow the franchise to have two front-line
trucks, as well as two back-up trucks, to be available in 6 years at the start
of the contract. The trucks will be
subject to inspection.
Commissioner
Morris stated one issue came up during the discussions over a period of months
was that Volusia County had gone out to bid.
He stated he would like to know the results of that.
Mr.
Gregory stated Volusia County came back with a price that was significantly
higher than their existing price. Their
price for comparable level of service is more expensive than Seminole
County.
Commissioner
Van Der Weide recommended that the other franchise haulers be included in the
motion.
Upon
inquiry by Chairman McLain, Mr. McMillan advised the Board can authorize an
amendment to the franchise agreements with the other haulers to provide that
same provision.
Mr.
Gregory stated the agreements will come back to the Board for final execution.
Commissioner Henley stated he cannot support
including that language in all the contracts.
Motion by Commissioner Van Der Weide to authorize
staff to finalize a Residential Solid Waste Collection Franchise Agreement with
the three franchise haulers (Florida Recycling Services, Waste Services and
Republic Services).
Discussion
ensued relative to the CPI-U percentage increase.
Commissioner
Maloy seconded the motion.
Districts
1, 2, 3, and 5 voted AYE.
Commissioner
Henley voted NAY.
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Janet
Davis, Human Resources Director, addressed the Board to present the
Compensation and Benefits analysis. She
introduced Marie Fox, Human Resources, and Karen Collins, Palmer &
Cay. She displayed a PowerPoint
Presentation (received and filed) and she reviewed how they got to the point
system, the assessment of the current system, and where they are going from
here.
Commissioner
Morris left the meeting at this time.
Ms.
Davis displayed and reviewed the Historic Perspective.
Chairman
McLain surrendered the gavel to Vice Chairman Maloy and left the meeting at
this time.
Karen
Collins, Palmer & Cay, addressed the Board to display and review the
following: The Current System; Project
Objectives relating to Assessment of Current Base Pay System and Assessment of
Market Competitiveness; and the Benefits Package being a competitive package.
Commissioner
McLain reentered the meeting at this time and assumed the position of Chairman.
Ms.
Collins continued by reviewing the County employees Salaries and Recommendations
and Benefits to the Private and Public Sectors.
Upon
inquiry by Commissioner Henley, Ms. Collins advised they did a thorough review
of the salary structure and she explained what that meant.
Commissioner
Morris reentered the meeting at this time.
Ms.
Davis reviewed the Distribution Scenarios 1, 2 and 3 and examples of each
Option.
Mr.
Grace stated staff is recommending Option 2, which would start the shift of
some of the resources that are set aside for pay down to those employees who
are below market level.
Motion by Commissioner Van Der Weide, seconded by
Commissioner Maloy to approve staff recommendations of Option 2 of the
Compensation and Benefits system.
Under
discussion, Chairman McLain stated the Board needs to maintain a competitive
position in retaining and recruiting new employees for the County.
Upon
inquiry by Commissioner Morris, Mr. Grace advised he believes some of the
concerns some Board members had is with calling this a merit increase. He stated this is the best system they have
had in place and the employees are happy with it. He said they are working on an alternative term (rather than
“merit”).
Chairman
McLain stated this Board is setting aside 4% for compensation and they have
chosen to allow them to use that 4% to bring some of the jobs up to a better
level of competitiveness at the 50 percentile.
Some of the employees will be getting 3.5% and some 4.5%.
Commissioner
Henley stated he feels this is a step in the right direction. He said his only concern is the bonus
portion still adds to the base salary.
Chairman
McLain stated he can understand Commissioner Henley’s concern but what the
Board needs to reflect on is they will be reviewing the levels of compensation
on an annual basis. If the County sees
a trend where they are getting out of line with too high of wages, they can
make the adjustments as necessary. He
stated he feels it is important that those jobs are not at a level of 50
percentile and they maintain that level as far as getting to that point. If they start getting over that 50
percentile then they need to start thinking about reducing.
Districts
1, 2, 3, 4 and 5 voted AYE.
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April
Boswell, Planning, addressed the Board to request authorization to advertise
and schedule a public hearing to consider an ordinance proposing amendments to
the Seminole County Home Rule Charter establishing an Urban/Rural Boundary, and
provide that for all properties lying east of the boundary, all land use
determinations shall be made by the County in accordance with the County
Comprehensive Land Use Plan, regardless of municipal annexation. She submitted a rural boundary map, the
proposed ordinance and legal description for rural area (all were received and
filed). She continued by reviewing the
rural boundary map. She stated there
are two options that the Board may want to consider. There are areas shaded in green on the boundary map that are in
the rural area but have already been annexed into the cities. The Board can include those properties or
leave them out. She reviewed what the
charter amendment does and does not do as well as the charter amendment
process. She also reviewed what would
happen if the voters decide that this ordinance should go into effect. She stated staff is recommending the Board authorize
advertising a public hearing to consider the proposed ordinance and charter
amendments.
Anthony
Garganese, City Attorney of Winter Springs and representing the City of
Casselberry, addressed the Board to review the cities’ concerns and reservations. He stated the two cities are concerned with
the short notices as they did not receive any direct communication. They also believe that these types of issues
can affect the cities’ Home Rule authority and requires additional
intergovernmental communication and study.
With the short notice, he believes that they do not have a reasonable
opportunity to see what the County is trying to achieve regarding this
proposal. The Cities of Winter Springs
and Casselberry disagree with what the County is considering and ask that the
Board not approve this for advertising at this time.
At
the request of Commissioner Van Der Weide, Mr. McMillan explained the
referendum process.
Chairman
McLain stated staff has outlined two options and he would like to know if there
is a way the County could structure this so they have the flexibility during
the public hearings to choose one or the other.
Mr.
McMillan advised the County could advertise it with the full legal description
or redefine that boundary.
Upon
inquiry by Chairman McLain, Mr. McMillan advised the County would exclude from
the boundary that which is being specified and that does not change where they
are relative to what is in the Comp Plan.
Mr.
McMillan explained for Commissioner Maloy the deadline procedures for placing
the Charter Amendment on the ballot. He
stated the Supervisor of Elections needs to ballot language by September 7.
Commissioner
Maloy stated he has a couple of concerns relating to the cities not being
properly notified and there hasn’t been any input from other committees or
organizations on this issue. He said he
has concerns that they are moving forward with a major change to the Charter
without information or dialogue.
Chairman
McLain stated this would allow the County to have a say on how properties in
the rural boundaries are developed if they are annexed into a city. This does not preclude the cities from
annexing. It makes sure that the County
maintains their commitment to protect the rural boundaries. There have been long discussions on issues
of protecting the rural boundaries.
This is something the voters will decide. He stated he is unhappy that this issue hasn’t been developed
sooner and he doesn’t think they need to postpone this for two years, which
will happen if this is continued.
Commissioner
Morris stated he has not been invited to a city to discuss anything for their
public hearings. He stated he had
requested that Mr. Grace contact the City Managers with respect to what the
County is doing. This is a very simple
proposal and it is actually a check and balance being placed on continued
growth in the rural areas. He said he
is sorry that the County didn’t do this earlier. With respect to the September 7th printed ballot
deadline, the Supervisor of Elections has to get it printed and mailed to those
voters overseas. The idea of holding a
public hearing on the first meeting in August is there is another meeting in
August if there is a need for additional discussion.
Upon
inquiry by Commissioner Van Der Weide, Mr. Grace advised he spoke to
Casselberry’s City Manager the day after the last meeting. He stated Winter Springs City Manager was
out of the country and he didn’t speak to him about this issue.
Motion by Commissioner Morris, seconded by
Commissioner Van Der Weide to authorize advertising a public hearing on August
10, 2004 at 7:00 p.m., or as soon thereafter as possible, to consider an
Ordinance proposing amendments to the Seminole County Home Rule Charter,
through referendum vote, that will establish an Urban/Rural Boundary, define
Rural Lands and provide authority to amend said boundary and land use
determination authority for all Rural Lands to the BCC.
Under
discussion, Commissioner Van Der Weide suggested that staff notify those groups
that Commissioner Maloy referred to.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
Chairman
McLain advised that the second briefing item, Deferred Compensation Plan, will
be continued to the afternoon meeting.
April
Boswell, Planning, updated the Board on the water level and water quality of
the Geneva Lens. She stated staff has
been working with the St. Johns River Water Management District (SJRWMD) in
analyzing the ongoing monitoring of this area.
She displayed and reviewed maps of the findings. She added basically the Geneva Lens is in
good condition. She concluded by
reviewing the water quality and the chlorine levels.
Chairman
McLain stated he believes the Board’s direction is to authorize staff to
continue monitoring and to keep the Board informed of any changes.
Ms.
Boswell stated the Planning & Zoning Commission had a question relative to
correlating the consumptive use permit drawing water on the Geneva Lens. Staff had discussions with SJRWMD and they
indicated they have not done a model for the Geneva Lens itself. They project that water draw down levels
needs to be taken into account in the intrusion factors that could be
there. Part of this monitoring data
provides that there is no draw down.
There is not going to be an increase in the intrusion by the consumptive
use permits.
Alice Gilmartin, Planning, addressed the
Board to state this is the first product from the rural land study and staff
feels that there always has been a history of questions relating to the Geneva
Lens. As they begin the citizen
participation of the rural land study in September, staff will have something
that they can bring to the public.
Commissioner
Maloy stated the water level remains the same over the ten-year study and he
feels the County should make this available to the public by putting it on the
web site.
Richard
Creaton (phonetic) President of Geneva Citizens Association, addressed the
Board to state the Association would like to thank the Board for trying to
maintain the rural area in Geneva and to stop massive development as well. He stated basically they would like to keep
the Geneva Lens the way it is.
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The Chairman recessed the meeting at 12:15 p.m., reconvening at 1:36 p.m. this same date 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.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, 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.
Proof of publication, as shown on page _______, calling for public hearing to consider adoption of Resolution vacating and abandoning a 10’ platted drainage easement located at 2444 and 2132 Alaqua Lake Boulevard in the Alaqua Lakes Subdivision, Phase 5B, Thomas and Linda Jones, received and filed.
Michael
Rumer, Planner, addressed the Board to state the applicant is requesting the
vacate in order to develop across lot lines.
He said staff has reviewed the request and is recommending adoption of
the Resolution.
No
one spoke in support or in opposition.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt
appropriate Resolution #2004-R-140, as shown on page _______, vacating and
abandoning a 10’ platted drainage easement located at 2444 and 2132 Alaqua Lake
Boulevard in the Alaqua Lakes Subdivision, Phase 5B; as described in the proof
of publication, Thomas and Linda Jones.
Districts
1, 2, 3, 4, and 5 voted AYE.
VACATE AND ABANDON
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of Resolution vacating and abandoning two private road easements and an access easement dedicated to Seminole County, located north of CR 46-A and west of I-4 within Colonial Town Park, Shutts & Bowen, received and filed.
Mr.
Rumer stated the applicant is requesting the vacate in order to clear the title
for the Colonial Town Park. He said
staff is recommending adoption of the Resolution.
No
one spoke in support or in opposition.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt
appropriate Resolution #2004-R-141, as shown on page _______, vacating and
abandoning two private road easements and an access easement dedicated to
Seminole County, located north of CR 46-A and west of I-4 within Colonial Town
Park; as described in the proof of publication, Shutts & Bowen.
Districts
1, 2, 3, 4, and 5 voted AYE.
VACATE AND ABANDON/BRAD HESTER,
LOWNDES DROSDICK, P.A.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution vacating a portion of the unimproved right-of-way of Lanark Street, Brad Hester, Lowndes Drosdick, P. A., received and filed.
Mr. Rumer requested a continuance of this item to August 10, 2004, at 1:30 p.m.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to continue to August 10, 2004, at 1:30 p.m., or as soon thereafter as possible, consideration of a Resolution vacating a portion of the unimproved right-of-way of Lanark Street; as described in the proof of publication, Brad Hester, Lowndes Drosdick, P. A.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY MANAGER’S REPORT
Mr. Grace advised that requests for continuances will be made tonight for Items #59, #61, and #62 on the agenda.
Matt West, Planning Manager, addressed the Board to state regarding Item #59, Large Scale Land Use Amendment and Rezone/Javier E. Omana, that he thinks Mr. Fisher has volunteered to facilitate a meeting between the Red Bug Coalition and the developer.
District Commissioner Maloy recommended the continuance of Item #59 to August 24, 2004 to give ample time for a meeting.
Chairman McLain asked Mr. Grace to let everyone know the Board will consider tonight the continuance to August, 24, 2004.
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Regarding Item #61, Appeal of Board of Adjustment/Micah Savell, Trinity Capitol LTD, District Commissioner Maloy stated this is the first he has heard of a request for 60 days per letter submitted (copy received and filed) and he asked what was the reason for the request.
Mr. West stated there may be contract issues with the potential buyers and that is one reason they are asking for a continuance. He said he does not have a problem with the continuance until October and staff will readvertise and send out new notices of the hearing. Upon discussion he corrected that the date should be the second meeting in September, which will be September 28, 2004.
Whereupon, Mr. Maloy said he would support the 60-day continuance. Chairman McLain asked staff to notify the individuals of the continuance date to September 28, 2004.
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Chairman McLain said he has received notice of a continuance for Item #62, Appeal of the Board of Adjustment/Scott Ryan, to August 10, 2004, at 7:00 p.m.
District Commissioner Maloy stated he has no objections to that.
Chairman McLain asked staff to also notify those individuals.
COUNTY MANAGER’S BRIEFING, Continued
Ray Hooper, Purchasing Contracts Manager, addressed the Board to request direction regarding the number of providers for the County’s Deferred Compensation Plan under RFP-4210-04/AJR and to authorize staff to conduct negotiations. He advised that during the review of the proposals and presentations, staff observed that selection of a single provider would be in the best interest of the County employees.
Commissioner Van Der Weide stated he has had some input from some of the employees and he is not sure he likes the “cold turkey” plan the County has now with Nationwide and he would have no problem with adding additional providers, and that would give the employees an option. Discussion ensued.
Chairman McLain asked how to address if someone wants to keep the provider they have now. Mr. Grace stated they could add the additional provider and not eliminate the current one.
Commissioner Morris said this is affecting the employees and he thinks they should let the employees understand what the decision is. He thinks if the employees truly understand, they would say give us the best deal you can.
Commissioner Henley said he has been concerned about this since he has been on the Board. What concerns him is the outrageous cost the county has been paying for 18 years. Part of the costs goes to kickbacks to the national and state associations. He said the service is not that good in his opinion. He said the top company ranked has a local office. He thinks the Board would be doing an injustice to not make this change. He stated the employees need to fully understand what’s been happening and how much they have had to pay for these services. Staff needs to show them a comparison.
Chairman McLain said maybe staff should send out a sample scenario to the employees and bring this request back at their earliest convenience.
Commissioner Morris said the part to explain to the employees is if all the products come with the new plan and staff also needs to contact the Florida Association of Counties. Whereupon, Mr. Grace stated he had talked to the FAC and they didn’t like what he had to say.
Commissioner Van Der Weide stated he would like to make sure the products are comparable and the employees understand what the potential is before they move forward. He said apparently they don’t, based upon the input he is getting.
Mr. Grace said based on the information staff has, they are able to save money by staying with a single provider but with a different one. It is going to be very confusing to go to the employees and explain the options before making a decision.
Commissioner Morris said why not make a comparison with the optimum and the current provider and keep it simple.
Chairman McLain said to send a notice that the Board is considering change in the future and this is what they are considering. Then, the Board will get the feedback. He stated the direction is that the County is going to change to a sole provider other than the one they have or provide two providers based upon input the Board gets over the next 60 days or so.
Commissioner Morris recommended staff begin working on this right away. Mr. Hooper said he will get a notice out quickly.
The following Communications and/or Reports
were received and filed:
1. Letter
dated 7/6/04 (with attachment) to Chairman McLain from Fred Kittinger, UCF, re:
2003 UCF Economic Impact Study.
2. Copy
of letter dated 7/9/04 (with attachment) to Bill Suber, Property Appraiser,
from Cathy Collins, FL Dept. of Revenue, re: Property Appraiser’s Summary of
2004/05 Budget By Appropriation Category. (cc: BCC, County Managers, Fiscal
Services Director)
3. Notice
of 7/27/04 Seminole County Board of County Commissioners 2nd Public
Hearing on Ordinance to Implement Seminole County Comp Plan Policy 9.3, Myrtle
Street Study Area Conservation Village Development Concept.
4. Letter
dated 7/04 (with attachment) to Chairman McLain from Wesley Kirton, Hemispheric
Ventures, Inc., re: Central Florida Caribbean Sun Newspaper.
5. Notice
of North Street Sidewalk Project (Longwood/Altamonte Springs), Issue 1, 6/04.
6. Letter
dated 7/2/04 to Chairman McLain from Pastor Ricky Parks & Gina Cobanis,
Christian Deliverance Outreach Ministries, assistance for “Stay Out Of Trouble”
ministry to assist male and female ex-inmates. (cc: Community Services Manager,
Community Development Manager)
7. Copy
of memorandum dated 7/13/04 to Seminole County Legislative Delegation from Jim
Kallinger, Orange County Legislative Delegation Chairman, re: Public Hearing on
Proposed Disproportionate Medicaid Cuts Affecting Central Florida.
8. Memorandum
dated 7/9/04 (with attachment) to BCC from Donald L. Jernigan, Florida Hospital
President, re: Florida Hospital Health Issues Brief addressing Discount &
Collection Policies.
9. Notice
of 7/26/04 City of Sanford Public Hearing-Annexation re: property between W.
Fifth St./St. Johns Pkwy. and Aero Ln./S. White Cedar Rd. (County Manager,
Planning & Development Director, Planning Manager, Elections Supervisor,
Property Appraiser)
10. Notice of 7/23/94 US 17-92 Redevelopment
Planning Agency (RPA).
11. Parks & Recreation Contract, as shown on page
________, for Services with Marjorie Harris (Tennis Instructor).
12. Letter dated 7/16/04 to BCC from Helen Jew,
Remax, re: proposed land use change for Mikler Rd./Red Bug Rd. PCD.
13. Letter dated 7/13/04 to BCC from Tim Randolph,
RainSoft Water Treatment Systems, re: snipe signs on his Altamonte Springs
business property.
14. Letter received 7/19/04 to BCC from John
Griswold, Orlando/Orange County Convention & Visitors Bureau, re: June
activity report.
15. Fax form letter dated 7/19/04 to BCC from Luc
& Sonchi Vu re: proposed land use change for Mikler Rd./Red Bug Rd. PCD.
16. Fax letter dated 7/1/04 to BCC from Jim Logue,
The Sustainable Communities Advisory Council, re: landfill property leases.
17. Copy of memorandum dated 7/14/04 (with attachment)
to Casselberry Mayor & City Commission from Frank Clifton, Casselberry City
Manager, re: Lake Howell Arms Annexation referendum results.
18. Copy of letter dated 7/1/04 (with attachment)
to Kevin Grace, County Manager, from Michael Barr, Seminole Soil & Water
Conservation District, re: proposed Black Hammock Watershed Improvement
District. (cc: BCC, Deputy County Managers, County Attorney)
19. Press Release dated 7/7/04 from Amateur
Softball Assoc./USA Softball, re: USA Softball cancellation of training trip to
Altamonte Springs prior to departure for the Athens, Greece Olympic Games.
20. Copy of memorandum dated 7/16/04 to David
Gregory, Solid Waste Manager, from Chairman McLain re: congratulations to Solid
Waste on winning the Solid Waste Assoc. of North America (SWANA) Silver
Landfill Management Excellence Award.
21. Copies of letters dated 7/19/04 from Ken
Roberts, Public Safety Director, regarding appreciation of donations to Animal
Services to: Lee Bailey; Doyle Hadden;
Kim Forbes; Evelyn Michell; Valerie Richardson; Andie Karvelis-DuFour; and
Cornelia Dietzel.
22. Letter dated 7/21/04 to Commissioner Maloy from
Javier Omana, CPH Engineers, re: proposed land use change for Mikler Rd./Red
Bug Lake Rd. PCD.
23. Memorandum dated 7/16/04 to Chairman McLain
from Dennis Joyner, Supervisor of Elections, re: 2004 County Canvassing Board.
24. Memorandum dated 7/22/04 to BCC from Mark
Flomerfelt, Roads-Stormwater Manager, re: St. Johns River Alliance Update and
notice of temporary Executive Director, Tiffany Busby.
25. Copy of letter dated 7/20/04 to Commissioner
Maloy from Greg Pryor, Red Bug Residential Coalition, re: proposed land use
change for Mikler Rd./Red Bug Rd. PCD.
26. Copy of letter dated 7/23/04 (with attachment)
to Frank Clifton, Casselberry City Manager, from Kevin Grace, County Manager,
re: Execution Settlement Report for proposed San Pedro Annexation.
27. Letter dated 7/21/04 to Chairman McLain from
Larry Dale, Orlando Sanford International Airport, re: Airport Master Plan and
Joint Planning Interlocal Agreement between Seminole County, City of Sanford
and Sanford Airport Authority.
28. Copy of letter dated 7/21/04 to Valerie
Hubbard, FL Dept. of Community Affairs, from Larry Dale, Orlando Sanford
International Airport, re: Airport Master Plan and Joint Planning Interlocal
Agreement between Seminole County, City of Sanford and Sanford Airport
Authority.
29. Letter dated 7/20/04 (with attachment) to
Chairman McLain from Ann Brown Payne, The Alliance (Minority/ Women Business
Enterprise Alliance, Inc.) re: 2nd Quarter 2004 Progress Report.
30. Fax dated 7/23/04 to BCC from Javier Omana,
CPH, re: clarification on revised Master Plan for Mikler Shoppes.
31. Fax dated 7/26/04 to Chairman McLain from
Jordan & Joanne Haywood re: proposed land use change for Mikler Rd./Red Bug
Rd. PCD.
32. Letter dated 7/15/04 (with attachment) to BCC
from Roslyn Mixon-Phillips, City of Jacksonville, FL Neighborhoods Dept., re: 8th
Annual Florida Neighborhoods Conference. (cc: County Managers)
33. Copy of letter dated 7/21/04 to Kevin Grace,
County Manager, from Frank Clifton, Casselberry City Manager, re: Casselberry
City Commission rejection of proposal to rely on County-wide funded Animal
Control services.
34. Letter dated 6/16/04 to Chairman McLain from
Gary Rudolph, Paralyzed Veterans of America (PVA), re: request for Central FL
Chapter PVA members to be allowed to hunt at Yankee Lake property.
35. Letter dated 7/20/04 to BCC from Frederick
Gaske, FL Division of Historical Resources, re: Governor Jeb Bush’s signing
Laws of Florida 2004-96 stating that local government shall identify any
geographic sites which contain offensive or derogatory place names (“a place
name that is a racial, ethnic or religious slur”); file a report; include
recommended replacement name for each identified offensive or derogatory place
name. (cc: BCC, County Managers, County Attorney, Addressing)
36. Notice of 8/5/04 City of Oviedo Land Planning
Agency public hearing & 8/16/04 City Council public hearing re: amendment
to Amended & Restated Development Agreement for Live Oak Reserve PUD. (cc:
County Manager, Planning & Development Director, Planning Manager,
Elections Supervisor, Property Appraiser)
37. Notice of 8/5/04 City of Oviedo Land Planning Agency public hearing and 8/16/04 City Council public hearing re: Preliminary Development Plans for Ph IV & V for Live Oak Reserve. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
38. Copy of letter dated 6/1/04 to Kevin Grace,
County Manager, from Al Grieshaber, Sanford City Manager, re: US 17-92 CRA
program. (cc: BCC, Deputy County Managers, US 17-92 CRA Manager)
39. Notice of 8/26/04 City of Lake Mary public
hearing re: Preliminary Subdivision Plan for Lake Mary Townhouses between US
17-92/Weldon Blvd./Seminole Community College. (cc: County Manager, Planning
& Development Director, Planning Manager, Elections Supervisor, Property
Appraiser)
Chairman McLain stated he had received a letter from the towing industry regarding the County’s ordinance and he asked the County Manager to contact those individuals. They will meet and discuss this with him and bring it back to the Board if necessary.
Upon inquiry by Mr. Grace, Commissioner Van Der Weide stated he
thinks it is worthwhile to bring this back.
He said he would like to have the rates of the haulers they have agreed
to pay. Also, some of the horror
stories about picking up vehicles in Seminole County and hauling them out of
the County and holding them hostage. In
some cases if it were not for AAA intervening, it would have been a tremendous
cost to the owner.
Commissioner Van Der Weide said maybe Mr. McMillan can look at
the two videos relative to research that some of the citizens got when they
went to pick up their vehicle.
Whereupon, Mr. McMillan stated he had turned his files over to the new
Deputy County Manager, Don Fisher.
Mr. Grace said he would evaluate that and bring it back.
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Chairman McLain advised he received a letter from Sheriff Eslinger regarding appointment of a Commissioner to the Seminole County Public Safety Coordinating Council. When none of the Commissioners indicated an interest in serving, Chairman McLain asked Mr. Grace to forward a letter to Sheriff Eslinger advising he would serve on the Council.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Morris requested to bring before the BCC, for a ruling, the Longwood/Lake Mary Road Special Exception for Sidney Young & Ronald Edward. This item was heard before the Board of Adjustment. This is property directly opposite the YMCA. The Board had no objections.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to schedule for a hearing before the BCC a request by Sidney Young & Ronald Edward for a Special Exception for Longwood/Lake Mary Road.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Van Der Weide stated there is a group of people who don’t feel like the BCC is doing enough for animals and is putting down too many animals, cats, and dogs. He asked if the Board could get a report on where the County is with this so the Commissioners can speak more intelligently on the matter.
Mr. Grace said the County has made a lot of progress over the last couple years. He said the County is no longer adopting out animals that are not spayed.
Commissioner Van Der Weide said he thinks the Board needs to have a summation of what they have done and what they hope to do and tape that on SGTV. Discussion ensued.
Commissioner Morris said he is pleased to see Commissioner Van Der Weide bring this up. He said this is a very complicated issue. He stated one thing that could be helpful is if Mr. Grace has Mr. Fisher find out all the issues from the former Deputy County Manager, who had a list from the Committee. He said the Board never got a report back on this.
Commissioner Van Der suggested putting something on SGTV and updating the people. He would like to have the summation of what the County has done, where they are at or what they hope to do. He advised Mr. Grace he would not have a problem with having a briefing with the Board before the information goes public.
Chairman McLain said he thinks they should take the opportunity to let the citizens know of the changes they have made through SGTV. He suggested moving forward with proactive information on Channel 9. Commissioner Van Der Weide suggested getting some volunteers and the County’s Community Information Director involved.
Patty Michels, Community Information Director, addressed the Board to state she is working on a marketing campaign for animal services. She is presently working on a plan and will take that back to Mr. Wittmer and Mr. Roberts. She stated the marketing plan will be sent out and a new show is to premiere August 1 that will feature different things on what’s going on in the County. She is looking at different ways of spreading the word.
Chairman McLain said it looks like they are headed in the direction they need to go.
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Commissioner Henley said he thinks the Commissioners are aware of what happened on the development of Wilshire Townhomes (removal of trees). He talked to staff about it and they are going to be able to take some corrective action, but he doesn’t know to what extent. He would like staff to look at the Arbor Ordinance to make sure that doesn’t happen again. He said staff needs to take whatever steps necessary. In this instance, the County didn’t ask for a tree survey or anything, and there is really no buffer now. The citizens were not happy at all when they saw the results. He would like for staff to come forward with some type of suggestions as to how they can avoid this in the future.
Mr. West stated the issue revolves around the buffering adjacent to the single-family homes. The applicant had asked for a waiver to put in a PVC fence instead of a concrete block wall. Chairman McLain said the applicant’s argument was that they would meander around the trees with the PVC fence. Mr. West stated if there weren’t that many trees in the buffer, staff could have them fill that buffer with trees or put the wall in that they requested to waive.
Upon inquiry by Chairman McLain, Mr. McMillan stated he would have to look at the development order and conditions for the development.
Mahmoud Najda, Development Review Manager, addressed the Board to state the approved plans indicate there were trees in the buffer. They will have to replace the trees. Staff has sent them a letter and they agreed. He said staff will hold a meeting on site.
Chairman McLain said it seems like they basically went out and did not follow the development order by the Board. He thinks the County needs to make a statement that it is very clear with these individuals and others in the future that they won’t tolerate this kind of activity.
Commissioner Morris stated the County can require that before any construction starts, there be on-site barricades.
Chairman McLain said he thinks the direction Mr. Najda stated is headed in the right direction. He thinks the County Manager needs to send a letter to the homeowners association clarifying that corrective action will be taken.
Commissioner Van Der Weide stated he wonders how some of the cities can do such a better job of code enforcement. He asked if the County staff has ever compared the County’s code enforcement against the cities. He wonders if the County should compare the city ordinances and maintenance they use to maintain them.
Mr. Grace said he could look at that; maybe there is a difference in the ordinances.
Commissioner Henley said some of the cities are proactive and the County is just reactive.
Chairman McLain asked staff to keep the Board informed on the Wilshire matter and make sure the County holds the applicant to the responsibility that they need to.
COUNTY MANAGER’S REPORT
Mr. Grace advised of a request from staff on closing the libraries on Easter Sunday as there is a very small percentage of use.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and authorize closing the County libraries on Easter Sunday, as requested by staff.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Mr. Grace advised Chairman McLain received a letter from the Supervisor of Elections regarding appointment of the Chairman or a Commissioner to serve on the Canvassing Board or, if not, send a letter to the Chief Judge asking him to appoint someone.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to authorize the Chairman to send a letter to the Chief Judge to appoint someone to the Canvassing Board for the Primary and General Elections.
Districts 1, 2, 3, 4, and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS, Continued
Commissioner Morris stated that with regard to the report from Animal Control, he thinks the Board still needs to pursue that. This was to be run through the Animal Control Board. He said it would help Commissioner Van Der Weide a lot to see that report.
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Commissioner Morris discussed a gentleman running for the State Representative’s Office who had signs put up in the County right-of-way. He suggested getting those picked up and have someone call the gentleman and explain what the law is.
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Chairman McLain recessed the meeting at 2:31 p.m., reconvening at 7:03 p.m., this same date, with all Commissioners (with Commissioner Henley being absent) and all other Officials, with Deputy County Manager Sally Sherman replacing County Manager Kevin Grace, and Deputy County Attorney Stephen Lee replacing County Attorney Robert McMillan, and with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Continuation
of a public hearing to consider a Large Scale Land Use Amendment from LDR to PD
and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler
Road and south of Red Bug Lake Road at Slavia Road intersection, as described
in the proof of publication, Javier E. Omana.
Matt
West, Planning Manager, addressed the Board to advise the applicant is
requesting that this item be continued to August 10, 2004. He stated staff is recommending a
continuance to August 24, 2004 to allow more time for the community and
developer to meet so they can formulate a new plan.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Maloy, seconded by Commissioner Morris to continue to
August 24, 2004 at 7:00 p.m., or as soon thereafter as possible, request to
consider a Large Scale Land Use Amendment from LDR to PD and Rezone from A-1 to
PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug
Lake Road at Slavia Road intersection, as described in the proof of
publication, Javier E. Omana.
Districts
1, 2, 3, and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment’s decision in denying a
Special Exception to establish gasoline pumps as an accessory use to a convenience
store in the PUD (Planned Unit Development District), located on the southeast
corner of the intersection of Tuskawilla Road and SR 426, Micah Savell, Trinity
Capitol Ltd., received and filed.
Mr.
West stated the applicant is asking for a 60-day continuance (September 28,
2004). He stated the request will be
readvertised at the expense of the applicant.
No
one spoke in support or in opposition of the continuance.
Speaker
Request and Written Comment Forms were received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Morris to continue to
September 28, 2004 at 7:00 p.m., or as soon thereafter as possible, request to
Appeal the Board of Adjustment’s decision in denying a Special Exception to
establish gasoline pumps as an accessory use to a convenience store in the PUD
(Planned Unit Development District), located on the southeast corner of the
intersection of Tuskawilla Road and SR 426, Micah Savell, as described in the
proof of publication, Trinity Capitol Ltd.
Districts
1, 2, 3, and 5 voted AYE.
Proof
of publication, as shown on page _______, calling for a public hearing to
consider an Appeal against the Board of Adjustment’s decision in denying a
minimum lot size variance and setback variances located at Lee Avenue, Scott
Ryan, received and filed.
Mr.
West stated the applicant is requesting that this item be continued to August
10, 2004. An e-mail requesting the
continuance was received and filed.
Upon
inquiry by Commissioner Morris, Tony Walter, Assistant Planning Manager,
addressed the Board to advise the applicant called and indicated that he was
going to be out of town.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to
continue to August 10, 2004, at 7:00 p.m., or as soon thereafter as possible,
request to Appeal the Board of Adjustment’s decision in denying a minimum lot
size variance and setback variances located at Lee Avenue, as described in the
proof of publication, Scott Ryan.
Districts
1, 2, 3, and 5 voted AYE.
Continuation
of a public hearing to consider an Ordinance amending the Seminole County Land
Development Code to include creating the Urban Conservation Village Overlay
Zoning Classification, as described in the proof of publication.
Tony
Walter presented this request as outlined in the agenda memorandum. He stated on July 13, 2004, staff requested
that this item be continued to tonight to allow Mr. Randall Arndt, an
international expert on Conservation Villages, time to review the concepts and
designs and to make comments. The
Planning & Zoning (P&Z) Commission recommended that the ordinance not
be adopted as they felt it was too restrictive in the ordinance
requirements. He highlighted the major
concepts of the ordinance and how they apply to the goals and objectives. He stated the agenda memorandum refers to
eleven items to be considered as part of the ordinance. Those items are included in the proposed
ordinance.
Mr.
Walter explained for Chairman McLain why the P&Z felt that it was too
restrictive and why they were concerned with the setback requirements.
Upon
inquiry by Chairman McLain, Mr. Walter advised Mr. Arndt’s primary comments
were that he recommended reducing the 140 ft. setback to ensure that Myrtle
Street is a wide area with heavy buffering so that the rural character be
maintained. He also suggested that the
35 ft. setback probably wasn’t needed in case someone wanted to do a newer
traditional type design with a garage to be in the back of the facility. Mr. Arndt did concur with the buffers being
a minimum of 10 to 15 ft., landscaped heavily with trees and understory trees. Mr. Arndt didn’t respond to the density
credits, with the exception that he felt if the County requires someone to do
an endowment to maintain the facility, it would be appropriate for an
additional small density credit.
Upon
further inquiry by Chairman McLain, Don Fisher, Planning & Development
Director, addressed the Board to advise he never had a direct conversation with
Mr. Arndt, but they did e-mail each other.
Mr.
Walter continued by stating the ordinance includes restrictions and
incentives. Staff wants to encourage
clustering because they are looking for innovative designs. Staff didn’t include minimum lot sizes or
lot setbacks as they felt that it should be left up to the design process. Staff has received comments from the neighborhood
and the development community relative to all the setbacks. He stated Mr. Arndt recommended that
on-street parking be allowed. What is
being proposed in the ordinance is that each property provides four off-street
parking spaces per residence. Two of
those spaces will be allowed in the garage.
The density is two units per acre.
The ordinance specifies what is in the Comprehensive Plan relative to
water and sewer connection, stormwater quality treatment and volume treatment
as well as implementing a greenway ownership and management plan. It is actually a plan that would go through
the design process where they will work with the developer on what they are
going to use relative to the materials.
They will provide an estimated cost to maintain that. Staff doesn’t want to design something that
is prohibited for the homeowner’s association to maintain. He said 60% of the lots need to front on the
open space. He explained the intent of
that. Staff requires that there will be
access to the village neighborhood to the open space and that those open spaces
will be contiguous on adjacent properties if possible. Staff is requiring in the design process
that there be areas that show not only the proposed property but the adjacent
properties as well. Staff is also
requiring that the trails connect to the adjacent properties or to some system
in the area. Staff is not requiring
that the trails be hard surface. The
one thing that they failed to delete is on page 7 & 8 relating to fences. Staff feels fences should be no more than
50% opaque along Myrtle Street. The use
of walls and materials would be limited, but the internal fences would be 25%
to 50% opaque. Staff is recommending
that the internal fences remain privacy fences but they will look at additional
landscaping on the 15 ft. buffer. The
requirement of 50% opaque on Myrtle Street will also be maintained.
Upon
inquiry by Commissioner Maloy, Mr. Walter advised staff recommends that the
first paragraph on page 8 be deleted. He stated a privacy fence would be
required on Myrtle Street as long as it is 140 ft. back.
Commissioner
Morris asked why couldn’t staff require a privacy fence there as well, but
require dense plantings along the fence.
Mr.
Walter stated staff has no problem doing that.
Mr.
Fisher stated staff’s intent was that any single-family lot would have the
ability to put up a privacy fence.
Chairman
McLain stated the entrance fence would have to be 50% opaque and berms no
higher than 3 ft.
Upon
inquiry by Commissioner Maloy, Mr. Fisher advised this is the first of two
public hearings and staff is getting the Board’s input relative to any changes,
and they will have the language clarified at the second hearing.
Mr.
Walter stated Mr. Arndt had concerns that the process was not interactive
enough and that staff should go out and walk the area with the developer. The way the ordinance is structured,
anything in the ordinance is covered by the current Land Development Code. Staff does visit the sites on all projects
that come before them. In the uses of
the open space, staff is allowing tennis courts, basketball courts and
community pools, but they are recommending that it not be part of the 50% open
space. The Urban Conservation Village
does not allow active uses and staff felt that they were active uses. He reviewed the ownership and maintenance plan.
Upon
inquiry by Commissioner Maloy, Mr. Walter advised staff sent information out to
the Home Builder Associations, but they haven’t received comments from
them. They have been involved in the
process.
Mr.
Fisher stated the basic foundation was laid out over a year ago, and the
Development Advisory Counsel, the Sustainable Community Advisory Counsel and
members of the community have reviewed it.
At that time everyone felt pretty excited about the possibility of the
project.
Mr.
Walter explained for Commissioner Maloy what it means when it says 60% of the
residential lots abut or be located across the street from the greenway land.
Ann
Esterson, 1235 Myrtle St., addressed the Board to submit a letter (received and
filed) expressing her concerns to the proposed ordinance. She stated they have been working on this
for 2½ years even though she didn’t approve of it to start with, but she would
rather have LDR. She said she still has
major concerns about the restrictions.
She asked the County if they could put anything on a plan quickly to
show what a 10-acre parcel would do.
There are a couple of different parcels in the area that have different
sizes and she doesn’t think the burden should be on the property owners. She referred to her letter and read why she
and her family oppose some of the restrictions and regulations. She read the six issues relating to limiting
the flexibility of design. She reviewed
Mr. Arndt’s comments. She stated the
following unreasonably restricts the personal property rights of the homeowners
in a Urban Conservation Village development and directly impact their
safety: (1) Internal privacy fences
that can be no more than 25% opaque; (2) The connection of the development’s
green space to off site green space; and (3) Trails that connect internal lots
to open space and to adjacent properties.
She reviewed the following issues relating to: impact on the safety of the homeowners; public trails passing
internally within the development posing a serious threat to the safety of the
residents; deleting the wording “up to” and changing it to “a density of 2
units per net…; the Board adopting only standards and requirements that allow
for innovative design and flexibility; and the allowance for innovative design
and flexibility internally within each development which will greatly encourage
the implementation of the concept. She
requested the Board consider that a Conservation Village concept can be
successfully implemented in an urban service area without necessarily having a
“rural” appearance.
Robert
Jasmin, 1153 Myrtle St., addressed the Board to commend staff for their hard
work and patience throughout this process.
He stated he feels this ordinance is a workable ordinance as it meets
the definitions and the issues that have been compromised on and worked
out. The original side buffers were 50
ft. and those were changed to 35 ft. He
recommended that they define the words “passive” and “active recreation”. He stated he feels that riding, jogging and
equestrian trails would be a passive recreational use.
At
the request of Chairman McLain, Mr. Fisher gave examples of passive
recreational uses. He stated staff will
provide the definition of same at the next public hearing.
Mr. Jasmin stated the text amendment calls
for restoration and one of the things that Mr. Arndt commented on was to
include standards for shade tree plantings.
Staff indicated they would include that discussion with the developer as
part of the greenway ownership management plan. He stated he would like some clarification on that.
Mr.
Walter stated with regard to the ownership and management plan, staff worked
with the developer to design what is going to happen with that open space, as
far as tree cover and types of materials.
Staff didn’t put tree cover in the ordinance because each property that
they are looking at is going to be significantly different. A lot of the properties will have some
wetlands and the Board may want to focus the restoration in the open space
area. The Board may also want to
create ponds or bring in the types of tree materials on those areas that do not
have wetlands.
Bill
Holmes, 210 E. Hwy 46, addressed the Board to state he has been working with
the planners on this and they have developed an engineering plan meeting all
the criteria in the ordinance. Since
the tennis courts and basketball courts are going to be taken out, staff needs
to go back to the plan and redo it again.
Upon
inquiry by Commissioner Maloy, Mr. Holmes advised if the County is going to do
a standard type development that would be all right. Discussion ensued.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Chairman
McLain reminded everyone that the second public hearing on this item is scheduled
for August 10, 2004 at 7:00 p.m. He
stated he wants to remind the Board that this area has a substantial existing
population that has been there for some time.
It historically has been a rural area inside the urban boundary. He said he feels it is important that the
County try to maintain the rural character.
The incentive of one unit per acre gives the developer an opportunity to
choose between the traditional Suburban Estates or design it in a way that provides
open space and a more rural character.
Commissioner
Morris stated he has listened to the ideas of some of the planners and he feels
a lot of their ideas are nice where they are but do not fit. He stated he feels that passive/active
recreational makes a neighborhood.
Chairman
McLain stated there have been discussions relative to making some changes to
the boat ramp at Lake Jesup and making it more accessible.
Commissioner
Van Der Weide stated the citizens still have a few objections and he feels
everyone can be complimented on the process.
He stated he feels this will be a neighborhood of choice and he is
anxious to see how this will work out.
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Chairman
McLain recessed the meeting at 8:00 p.m., reconvening at 8:10 p.m., with all
Board members present.
Alice
Gilmartin, Planning, stated the Board directed staff to give an update on the
Orange Blvd. Special Study Area. She
stated the study was presented to the Planning & Zoning (P&Z)
Commission on June 2. She displayed and
reviewed a PowerPoint Presentation relating to the Location of the Areas;
Adopted Future Land Uses and Zoning in the Study Area; and the Purpose of the
Study. She explained what underutilized
parcels are. She reviewed the two
Scenarios relating to Current and Proposed Land Uses; the Potential Results of
the two Scenarios; the Cost of Improvements of each Scenario; Consumptive Use
Permit of each Scenario; and the Potential Impact of Schools. She stated the School Board raised concerns
relating to the potential of additional students in the study area. She reviewed the P&Z concerns relating
to traffic, drainage problems, and school impacts. She stated another concern the P&Z had was the potential of
the path of the Wekiva Parkway.
Chairman
McLain stated the Seminole County Expressway Authority will have the final say
on the Wekiva Parkway alignment.
Ms.
Gilmartin stated included in the agenda packet is a letter from Keith Shue,
Sierra Club, commenting on water withdrawals and one of the recreational areas
being included. She stated staff
received comments from a resident of Seminole Estates asking that the corner of
Seminole Estates be clipped. Staff
amended it and dropped the units down to reflect the number of units that were
taken out. She continued by reviewing
staff recommendations #1-5. She stated
Commissioner Henley requested that staff look at the committed unbuilt
residential units and what the impact will be on the schools. The last page of the draft study (appendix)
shows that there are about 1,000 units that are unbuilt in that area and that
will result in about 250 elementary students, 100 middle school students and
125 high school students.
Commissioner McLain recommended that staff
look at the possibility of a Conservation Village Concept for this area.
Ms. Gilmartin stated there is no change with
regard to improvements of transportation, public safety and drainage. The amount of water withdrawal is about half
of what it would have been with 4 dwelling units per acre. A slight increase is needed for parks.
Bruce
Anderson, 1730 Peach Lane, addressed the Board to state he agrees with the
recommendations but he would ask that there be more emphasis on the study of
Orange Blvd. He asked the Board to look
at Orange Blvd., then look for a funding source for that.
Bob
Bugnacki addressed the Board to state as far as changing everything north of
Orange Blvd. from Missouri to the Wekiva Protection Area, he thinks it wouldn’t
be a good idea. There are 3 to 10 acre
lots out there and 90% of them have homes on them. The residents bought out there for the purpose of being on large
lots and not what they call “underutilized”.
He indicated on the map where Sanford Farms is located and he stated it
is designated as a Suburban Estates community.
He said he wished they had Conservation Village when that area was
established. He further said there is
not enough property in his area to put together an Urban Conservation
Village. An e-mail from Mr. Bugnacki
was received and filed.
Chairman
McLain recommended that staff look at the funding plan for improvements and
then come back to the Board with a strategy plan to accomplish that.
Commissioner
Morris stated he feels that Scenario I needs to be reviewed.
The
Board’s consensus was to authorize staff to come back with a
funding plan and then report back to the Board as recommended by the Chairman.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 8:30 p.m., this same date.
ATTEST:_____________________Clerk_______________________Chairman
er/cc/er