BOARD
OF
AUGUST 22,
2006
The
following is a non-verbatim transcript of the BOARD OF COUNTY
COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at
1:30 p.m., on Tuesday, August 22, 2006, in Room 1028 of the
Present:
Chairman
Vice Chairman Bob Dallari (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Brenda Carey (District 5)
County Manager Cindy Coto
Deputy Clerk Carylon Cohen
The Invocation was given by Pastor David
Knox, Christ Episcopal Church, Longwood.
Commissioner Dallari led the Pledge of
Allegiance.
AWARDS AND PRESENTATIONS
Commissioner Morris stated Carylon Cohen,
Deputy Clerk, brought to his attention a newspaper article (received and filed)
and the Board may want to invite one of its Winter Springs citizens, Betty Davis
Gibson, to a Board meeting for recognition.
Ms. Gibson earned a certificate from the Guinness Book of World Records
in 1999 for growing the tallest collard green in the world and most recently
received a certificate of award for growing a taller collard for the Florida
Record by the
Chairman Henley stated he would have no
problem with doing that.
Commissioner Dallari requested Item #34,
Agreement between Seminole County, United Arts of Central Florida, Inc., and
Seminole Cultural Arts Council, be pulled from the agenda for separate
discussion.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve and
authorize the following:
4. Adopt
Resolution #2006-R-186, as shown on page _______, approving the issuance of
Industrial Revenue Bonds for Goodwill Industries of Central Florida, not to
exceed $5,250,000.
5. Approve and authorize Chairman to execute Release
of Exclusive Access Easement, as shown on page _______, for Alafaya Self
Storage, LLC for access to a water storage tank and piping for fire protection.
Fiscal
Services
Administration
6. Approval
to schedule and advertise a Public Hearing to adopt a $3.00 court cost in
support of
7. Budget Amendment Resolution #2006-R-187, as shown on page
_______, #06-82 - $186,330 –
Administrative Services – General Fund. Allocation of additional funds in order to
construct ten (10) kennel runs to be housed in a 1,600 square foot
building. This project and the
sick/isolation room project, currently budgeted at $32,000, will be
incorporated into a single project.
Based on current project estimates, an additional $154,330 is needed to
complete the project and the estimated total project cost is $236,330. Funds of
$44,000 are available from the completed Animal Services Lobby/Front Desk
project. An additional $110,330 is being
requested from the General Fund Reserves.
General Funds Reserves after adjustment will be $15,475,935.
8. Budget
Amendment Resolution #2006-R-188, as shown on page _______, #06-83 - $206,000 –
Information Technologies – General, Transportation Trust, Development Review
and Solid Waste Funds. To reallocate Rental and Leases funding
for computer leases between the General Fund, the Transportation Trust Fund,
the Development Review Fund, and the Solid Waste Fund in accordance with the
allocation of actual expenditures. The
total Rental and Leases budget for Information Technologies will remain
unchanged by this Budget Amendment.
General Fund Reserves after adjustment will be $15,475,935.
9. Budget
Amendment Resolution #2006-R-189, as shown on page _______, #06-84 - $10,000 – Environmental Services – Water &
Sewer Fund. Recognize the receipt of and allocate the
Water Supply Technical Assistance Grant from the Florida Department of
Community Affairs. These funds are to
implement the requirements of the Wekiva Parkway and Protection Act, which
includes developing a 10 Year Water Supply Facility Work Plan. The funds will
specifically be used to perform facility capacity analysis, water supply
facility analysis, and analysis of effectiveness of goals, objectives and
policies of the comprehensive plan. No
matching funds required.
10. Pulled
from the agenda request for Budget Amendment Resolution,
#06-85 - $20,000 – Library & Leisure Services – General Fund. Transfer
funds to Facilities Maintenance for costs related to preparing the library
meeting rooms to be voting election sites. The project is anticipated to start in
September 2006 and be completed by November 1, 2006. The estimated total project cost is $20,000.
Grants
11. Approval to partner with University of Central Florida (UCF) to
submit a grant application to the National Science Foundation – Partnerships
for Innovation Grant Program to further the development of SCI.Net; and
authorize the
MSBU
12. Approve and authorize the
13. Approve and authorize the
14. Authorization to schedule and advertise a Public Hearing for the
purpose of giving consideration to adopting an Ordinance to create “Mirror Lake
Aquatic Weed Control Municipal Services Benefit Unit”.
15. Adopt revised Non-Ad Valorem Variable Rate Assessment Maintenance
Resolution #2006-R-190, as shown on page _______, superseding Resolution 2006
R-110 adopted on May 9, 2006.
Purchasing
16. Award CC-0998-06/TLR, as shown on page_______, Sanlando Pond Liner
Repair and Remediation to Conpilog International Co.,
17. Award CC-1095-06/BLH, as shown on page _______, – Chiller &
Pump Replacement at County Services Building to Air Ideal, Inc. of
18. Approve ranking, authorize negotiations and award PS-0977-06/DRR,
as shown on page _______, Master Agreement for Construction Engineering and
Inspection Services for Various Stormwater Improvement Projects to Dyer,
Riddle, Mills & Precourt, Inc.,
19. Approve and authorize the
20. Award RFP-0996-06/BLH, as shown on page _______, Fuel Storage Tank
Inspection, Maintenance & Repair Services, to Petroleum Equipment
Construction, Inc. of Apopka, Florida, (estimated $27,000.00 per year).
21. Award RFP-1090-06/BLH, as shown on page _______, Horticultural Consulting Services Ro
22. Award RFP-1091-06/BLH, as shown on page _______, Custodial Services
for Miscellaneous Seminole County Buildings to The Budd Group of Orlando, FL
($1,029,457.00 per year).
23. Approve and authorize the Purchasing and Contracts Manager to
execute Amendment #2, as shown on page _______, to RFP-4217-04/JVP, Term
Contract for Seminole County Bunker Gear, with Fisher Safety, Orlando (Price
Increase).
24. Revoke award made to Harbor Branch Environmental Laboratories, Inc.
as a Secondary Contractor for RFP-4269-06/BJC, Term Contract for Water and
Wastewater Laboratory Services.
Library
& Leisure Services
25. Approve and authorize Chairman to execute the Annual State Aid
Application and Grant Agreement, as shown on page _______, for FY 2006/07 State
Aid to Libraries.
Planning
& Development
Development
Review
26. Approve and authorize Chairman to execute the Final Plat for Copper
Chase located on the north side of Dr. Edward Stoner Way, west of South Central
Avenue (SR 434) and approximately ½ mile south of West Mitchell Hammock Road
and approximately ½ mile north of West Chapman Road (KB Home Orlando,
LLC).
27. Approve release of Irrevocable Letters of Credit and Performance
and Payment Agreements for #SM213730W (Water and Sewer) in the amount of $211,259
(Wachovia Bank, N.A) and #SM213731W (Roads) in the amount of $871,427 (Wachovia
Bank, N.A.) for subdivision improvements for Lake Jesup Woods.
28. Approve and authorize Chairman to execute a Minor Plat for Oviedo
Stor-All located on the east side of
Planning
29. Approve a Minor Amendment to the PUD Development Order and
Preliminary Master Plan, and authorize the Chairman to execute Addendum #1, as
shown on page _______, to the Greenway South PUD Development Order, located at the southwest corner of SR 417 and
SR 426 (
Public
Safety
EMS/Fire/Rescue
30. Approve and authorize Chairman to execute Agreement, as shown on
page _______, between
Districts
1, 2, 3, 4 and 5 voted AYE.
Tourism
Commissioner
Carey stated one of the issues she is hearing in the community is that as they
are competing, not only in this region but also throughout the country, one of
the big considerations when major corporations are looking to move into an area
is what do they offer in the way of arts and culture. She said she would like to look at this Item
again in more detail. She thinks it was
this morning that
Chairman
Henley suggested continuing this Item until all the questions raised could be
answered. Whereupon, Commissioner Carey
said she thinks this particular agreement should have been done much earlier
and it needs to move forward, but as they go through the budget process, that
would be the appropriate time to look at increasing the number.
Commissioner
Morris said he supports the general intent of Commissioner Dallari, but the
Board should get some type of program back from United Arts on what kind of
spending plan they would have if the amount were increased.
Commissioner
Dallari said he would like to at least increase the amount to $.75 per capita. He said if Commissioner Carey could work with
the United Arts Council and bring back some information to the Board, that
would be great.
Commissioner
Carey said she thinks they need to put in some language to say there would be
“X” number of dollars that would come back in grant format to the County.
Ms.
Coto said staff would be more than happy to look at the funding issues as well
as what other initiatives could be funded with the increase in funding and
bring that back to the Board at the first public hearing on September 13, 2006.
Chairman
Henley asked for a vote on the agreement today with the understanding that the
Board will get information from staff for consideration during the budget
hearing.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to approve and authorize Chairman to execute
Agreement, as shown on page _______, between Seminole County, United Arts of
Central Florida, Inc., and Seminole Cultural Arts Council.
Constitutional
Officers’ Consent Agenda
Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
Clerk’s Office
35. Expenditure Approval Lists, as shown on page
_______, dated July 24 & 31, 2006; and Payroll Approval List, as shown on
page _______, dated July 27, 2006.
36. Destruction of listed financial records.
37. BCC Minutes dated July 25, 2006.
38. Noted, for information only, the following Clerk’s
“received and filed”:
1. Purchase Agreement, as shown on page _______,
with
2. Purchase
Agreement, as shown on page _______, with Big Tree Self Storage, LLC, for
Parcel #108 for the Cross Seminole Trail Phase III.
3. Proof
of publication, as shown on page _______, for the July 13, 2006 public hearing
of the Charter Review Commission.
4. Copy
of letter from Bob Lewis, Chief Deputy Clerk, to Cindy Coto,
5. National
Atmospheric Deposition Program (NRSP-3) Memorandum of Agreement, as shown on
page _______, for Reimbursement of Coordination and Chemical Analysis
Costs.
6. Maintenance
Bonds, as shown on page _______, for the following: Sterling Meadows in the amount of $144,938.95;
7. Clerk
of the Circuit Court Fiscal Year 2006/2007 Budget, as shown on page _______.
8. Memo
from Sandy McCann, County Commission Records, to Denes Balo, Director of Clerk’s
Finance, acknowledging receipt of the Clerk of Circuit Court’s Budget for
Fiscal Year 2006/2007.
9. C.O.
(Final Reduction) for W.O. #30, as shown on page _______, to CC-1212-03 –
contractor for Lillie Hagin-McGill.
10. C.O. (Final Reduction) for W.O. #31, as shown on page _______, to
CC-1212-03 – contractor for Lula Robinson.
11. C.O. (Final Reduction) for W.O. #32, as shown on page _______, to
CC-1212-03 – contractor for Hilton Burke.
12. C.O. (Final Reduction) for W.O. #33, as shown on page _______, to
CC-1212-03 – contractor for Gladys Williams.
13. C.O. (Final Reduction) for W.O. #34, as shown on page _______, to
CC-1212-03 – contractor for Seneta Williams.
14. C.O. #2, as shown on page _______, to CC-1244-04, John Carlo,
Inc.
15. W.O. #40, as shown on page _______, to CC-1262-05, APEC, Inc.
16. C.O. #1, as shown on page _______, to M-0859-96, R.B. Marks
Construction.
17. C.O. #2, as shown on page _______, to CC-1262-05, APEC, Inc.
18. W.O. #3, as shown on page _______, to PS-0381-06, Vision IV
Architecture.
19. W.O. #36, as shown on page _______, to CC-1262-05, Central Florida
Environmental.
20. W.O. #9, as shown on page _______, to CC-1267-05, KMG Fence,
LLC.
21. Contractor Demographic Change Forms, as shown on page _______, for
Alice Reen and Lauren Dommenech.
22. W.O. #27, as shown on page _______, to RFP-4214-04, Site Secure,
Inc.
23. W.O. #2, as shown on page _______, to PS-5179-05, Jones Edmunds
& Associates, Inc.
24. W.O. #41, as shown on page _______, to CC-1262-05, APEC, Inc.
25. C.O. #2, as shown on page _______, to CC-1242-04, Turnbull
Environmental, Inc.
26. Certificate of Final Completion, as shown on page _______, for
CC-1262-05 W.O. #32, Central Florida Environmental.
27. W.O. #4, as shown on page _______, to PS-0381-06, Bentley
Architects.
28. W.O. #51, as shown on page _______, to PS-5129-02, Southeastern
Surveying & Mapping.
29. Fifth Amendment, as shown on page _______, to Agreement for
IFB-3049-02 for Fausnight Stripe & Line, Inc.
30. IFB-600009 Term Contract, as shown on page _______, for Elevator
Maintenance Services with General Elevator Sales & Service, Inc.
31. W.O. #31, as shown on page _______, to PS-5150-03, E Sciences,
Inc.
32. RFP-600006 Rough-Cut Mowing & Grounds Services Agreement, as
shown on page _______, with Ott Landscape Maintenance.
33. RFP-600006 Rough-Cut Mowing & Grounds Maintenance Services
Agreement, as shown on page _______, with Cato Environmental Services.
34. First Amendment, as shown on page _______, to RFP-4127-01, DRC
Emergency Services, Inc.
35. 10th Amendment, as shown on page _______, to HVAC Maintenance &
Repair Agreement (Bid #260-01).
36. Certificates of Final Completion, as shown on page _______, for
SHIP Home Repairs Projects for the following: Seneta Williams; Gladys Williams;
Hilton Burke; Lula Robinson; and Lillie Hagin-McGill.
37. Certificate of Final Completion, as shown on page _______, for
CC-1262-05, Schuller Contractors, Inc.
38. Memorandum to Seminole County Directors & Managers from Don
Fisher RE: Pay reporting procedures for
exempt employees.
39. Letter to BCC from Cynthia Porter Deputy City Clerk-City of
40. Notice of Commission Hearing and Prehearing Conference for petition
for issuance of a storm recovery financing order for Florida Power &
Light.
41. Notice of City of Lake Mary public hearing for rezoning on April
11, 2006.
42. Copy of letter to John Drago, Longwood City Manager, from Chairman
RE: redevelopment of park facilities in
43. Notice and agenda of Seminole County Port Authority meeting on
April 19, 2006.
44. Bids for: RFP-1090-06;
PS-1025-06; RFP-600060-06; PS-0676-06; DB-0577-06; PS-0977-06; RFP-600062-06;
RFP-1091-06; RFP-600063-06; and CC-1095-06.
Sheriff’s Office
39. Adoption of Budget Amendment Resolution
#2006-R-193, as shown on page _______, in accordance with the provision of Section
30.49(7), Florida Statutes, to transfer $160,000 in Reserve for Contingency
funds allocated in the Sheriff’s FY 2005/06 adopted budget to the Sheriff’s
Office Operating account.
40. Approve contribution of $1,000 from the Law
Enforcement Trust Fund to the 2006 National Organization for Victim Assistance
Conference being held August 20-25 at the Rosen Centre Hotel in
Districts
1, 2, 3, 4 and 5 voted AYE.
April
Boswell, Assistant Planning Manager, addressed the Board to present request for
reduction of Code Enforcement lien for property located at 2024 McCarthy
Avenue, Sanford, Wilbert H. McCullough, owner, Case #00-12-CEB. Ms. Boswell stated staff is recommending the
Board waive the lien which totals $112,300, due to the records showing the
notice of the hearing and the conclusion of the hearing regarding the violation
were actually sent to the incorrect address.
Mr. McCullough was not aware of the violation since he did not reside at
the site of the property. She explained
that this year when Mr. McCullough sought to refinance his property, he learned
the lien was on his property.
District
Commissioner Carey stated, under the circumstances that the owner was never
notified because of the County’s error on the address, she recommends waiving
the lien.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to waive the Code Enforcement Board lien which totals
$112,300 on property located at 2024 McCarthy Avenue, Sanford, Wilbert H.
McCullough, owner, Case #00-12-CEB; and authorize the Chairman to execute the
Satisfaction of Lien, as shown on page _______.
Under
discussion, Commissioner Carey advised Commissioner Morris that she would not
consider an administrative cost because it was the County’s error that caused
the owner never to be notified.
Chairman
Henley said this is not the first time this has occurred and he thought the
Board had discussed notifying the owner as well as the people at the
residence. He asked if this is being
done.
Ms.
Boswell said staff is putting something like that in motion, but this problem
occurred in Year 2000. Staff is working
towards better efforts now.
Commissioner
Carey explained further the details and how the owner never had any idea there
was a lien on the property.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Tina Williamson, Principal Coordinator,
addressed the Board to present request for approval of Final Master Plan and Developer’s Commitment Agreement
for the Brook’s Landing PUD, consisting of 9.44+/- acres located on the
southeast corner of
Hugh Harling, applicant, addressed the
Board to state regarding the landscape and buffer criteria, they are agreeing
with the minimum width and masonry wall on the north and east; but to the south
and west, there are extensive wetlands that are being put in a conservation
easement and they will not be putting in a masonry wall. He said they will be maintaining the existing
wetland buffer on the south and west.
Further, he said there is a median on
Commissioner Dallari asked staff to comment
about the median.
Jerry McCollum,
Commissioner Morris stated the more median
openings there are, the more restricted traffic flow there is; and it has been
the long-term policy of the Board to try to avoid median openings whenever
possible.
District Commissioner Dallari said he would
agree with Mr. Harling about not requiring the wall along the wetlands since
they are so extensive in those areas.
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to approve the Final
Master Plan and authorize the Chairman to execute the Developer’s Commitment
Agreement, as shown on page _______, for the Brook’s Landing PUD, consisting of
9.44+/- acres located on the southeast corner of Red Bug Lake Road and Brooks
Lane, Hugh Harling/Harling Locklin & Associates, based on staff findings;
and not requiring the wall along the wetlands as discussed by the applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Williamson presented request for
approval of the Final Master Plan and
Developer’s Commitment Agreement for the Casa Verde Townhomes PUD consisting of
2.82+/- acres located on the south side of
David Stokes, Madden Engineering,
representing the applicant, addressed the Board to state he is in agreement
with the staff recommendations.
Motion
by Commissioner Carey, seconded by Commissioner Morris, to approve the Final
Master Plan and authorize the
Chairman to execute the amended Developer’s Commitment Agreement, as shown on
page _______, for the Casa Verde Townhomes PUD consisting of 2.82+/- acres
located on the south side of County Road 46A, between Lake Boulevard and Casa
Verde Boulevard, Oren Gabbai/Pinecrest Development, based on staff findings and
correction to delete Item “i” of the Developer’s Commitment Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Michael Rumer, Senior Planner, addressed
the Board to present request for approval of the Final Master Plan and Developer’s Commitment Agreement
for the Orange Boulevard Property PUD, consisting of 22.93+/- acres located on
the south side of
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to approve the Final
Master Plan and authorize the
Chairman to execute the Developer’s Commitment Agreement, as shown on page
_______, for the Orange Boulevard Property PUD, consisting of 22.93+/- acres
located on the south side of
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr.
Rumer presented the request for approval of the Final Site Plan and Developer’s
Commitment Agreement for the Vantage Point PCD, consisting of 9.38+/- acres
located on the west side of Monroe Road, approximately one-half mile north of
State Road 46, Jerry Cutrona. He advised
of one change in the Developer’s Commitment Agreement to remove Items b, c and
d under Development Commitments and restate a new Item b to read, “A left turn
lane on
Commissioner
Morris requested that staff provide aerials to the Board for these agenda items
because it is helpful to see the surrounding property.
Motion by Commissioner Carey, seconded
by Commissioner Morris, to approve the Final Site Plan and authorize the
Chairman to execute the amended Developer’s Commitment Agreement (deleting
current Items b, c, and d under Development Commitments and inserting a new Item
b), as shown on page _______, for the Vantage Point PCD, consisting of 9.38+/-
acres located on the west side of Monroe Road, approximately one-half mile
north of State Road 46, Jerry Cutrona, based on staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide, to approve the Final Site Plan and authorize
the Chairman to execute Addendum #4, as shown on page _______, to Developer’s
Commitment Agreement for the Pollo Tropical Restaurant at the Oviedo Crossroads
PCD, located on the southwest corner of the intersection of Red Bug Lake Road
and SR 426, Jill Minton, CPH Engineers, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr.
Dunn presented the request for approval of the Final Master Plan and
Developer’s Commitment Agreement for Tracts 3 and 5 of the Forest Lake PUD,
consisting of 140.1+/- acres located on the northwest corner of SR 436 and
Commissioner Carey asked who will be
required to put in the traffic signal light at the entrance on 436.
Mr.
McCollum advised there is a signal proposed and he understands that the
developer would pay for that.
John
Percy, Glatting,
District
Commissioner Van Der Weide stated he is very appreciative of the quality of all
the developments by the developer represented by Mr. Percy. However, he pointed out that they got his
attention when they cleared Tract 1, with every tree being removed. He said he realizes there wasn’t much the
developer could do with the property based on the design, and they had to raze
the property to put in a first-class development. When it takes this long, unless the neighbors
can see some real progress, there is a lot of explaining that has to go on by
the staff and District Commissioner. He
said he is very proud of the developments by the Seventh Day Adventists and he
is sure this is going to turn out the same way.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to approve the Final Master Plan and authorize
the Chairman to execute the Developer’s Commitment Agreement, as shown on page
_______, for Tracts 3 and 5 of the Forest Lake PUD, consisting of 140.1+/-
acres located on the northwest corner of SR 436 and West Lake Brantley Road,
John Percy/Glatting, Jackson, Kercher, Anglin, Lopez and Reinhart &
Associates, Inc., based on the staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Dave Medley, Acting Community Services
Director, addressed the Board to answer he is not aware of that, but he will
find out and provide that information to the Chairman.
Robert McMillan,
Motion
by Commissioner Morris, seconded by Commissioner Dallari, to approve
appointment of Marie Carling to the Community Service Block Grant Advisory
Board for the term August 22, 2006 through August 22, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Kevin Fall, Economic Development, addressed
the Board to request Board authorization to re-appoint him and Paul Daigle,
Bytes, Bits and Megabytes, to serve as County appointees to the Casselberry
Community Redevelopment Agency. He said
he would bring back the Item for a third appointment, once staff has solicited
additional candidates to serve.
Chairman Henley said he believes all the
Board received the letter (not received and filed) from Mayor Goff,
Mr. McMillan stated the CRA does not have
the authority to further restrict the statutory qualifications for any
appointments, but they are bound by the statutes so no action put in their
by-laws can affect the appointments the Board makes to the CRA.
Mr. Fall advised the Casselberry CRA met
yesterday and moved to amend the by-laws to reflect the wording that is in the
statutes. Therefore, this has already
been cleared up.
Commissioner Carey said based on the action
taken yesterday by the CRA, she received an e-mail last night from the Mayor
that said their by-laws were set by City ordinance and the BCC could not amend
the by-laws. She said she thinks there
are a whole lot of questions going on, and she is not necessarily comfortable
with the County’s staff person being on the Board, but it should be a
representative of the people that own property in the area, have a business in
the area or live in the CRA district.
She thinks if they go out and do some recruiting, they will be able to
find two representatives who meet that criteria.
Chairman Henley stated he is personally
comfortable with having someone on the Board who the BCC can communicate with
regularly. He said he doesn’t know of
any citizen who sits on the Casselberry CRA Board who has reported to the BCC.
Commissioner Dallari stated he did not have
an issue with Mr. Fall being on the CRA Board.
He thinks the continuity, consistency, as well as the coordination, and
the fact that Mr. Fall will be able to report to the BCC on a bi-monthly
progress basis is a vital asset to the CRA.
Commissioner Carey said as a staff person
to the CRA, she thinks that is Mr. Fall’s job to report to the BCC whether he
sits on the CRA Board or not. She said
Mr. Fall has done a great job, but he doesn’t have anything at stake because he
isn’t a landowner or doesn’t live in the district. She thinks if they have the opportunity to
appoint a land owner, a business owner, or someone in the corridor, they
should; and the BCC would continue to hear from Mr. Fall, and he would continue
to coordinate because that is his job.
Commissioner Van Der Weide stated the issue
is not whether Mr. Fall could report back to the BCC, but is whether he
represents the good intentions of the Board and has voting rights. He is hoping the
Commissioner Morris stated he appreciates
Mr. Fall’s work on this committee and his knowledge of CRA’s has been
invaluable to that committee. The
committee has stumbled very, very badly and they are now trying to correct
that. He thinks they have stumbled because
of bad advice internally from the City staff.
He thinks the other issue they have to think about is that the BCC had a
very hard time filling the positions in the first place. It would be nice to keep some institutional
memory on the CRA Board and if they find someone more qualified, then appoint
that person. Discussion continued.
Commissioner Carey said she doesn’t have a
problem supporting Mr. Fall being reappointed with the idea they would try to
find some business owners in the corridor or folks who reside in the
corridor. She would like the opportunity
to review the applications submitted and talk to the individuals. She said the guidelines are pretty
restrictive as to who they can appoint.
She thinks, based on what the criteria is, they could move forward in
trying to recruit someone and she would be happy to work with staff to try to
come up with some names.
Commissioner Morris said both of the names
submitted by
Motion
by Commissioner Morris, seconded by Commissioner Dallari, to reappoint Paul
Daigle, Bytes, Bits and Megabytes, and Kevin Fall, Economic Development, for
three-year terms to the Casselberry CRA.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Meloney Lung, Administrative Services, and
Kevin Fall, Economic Development, addressed the Board to request authorization
to release a Request for Proposal for Finance and Development Advisory Services
associated with the development of the
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to approve release of a
Request for Proposal for Finance and Development Advisory Services associated
with the development of a
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Henley advised that add-on Item
#50A is regarding a
Commissioner Dallari stated he would have
no objections to that amendment.
Commissioner Morris said that is an excellent amendment.
DCM Don Fisher stated he thinks that under
the current definition of natural lands, that probably applies, but staff will
verify that if they get authorization to move forward.
Commissioner Carey asked if the economic impact
would be part of the language that would go on the ballot.
Mr. Fisher said the specifics of the
language would need to be determined. He
said ordinarily, they would not include the yearly impact of the millage
assessment, but that would be done through the public information efforts.
Commissioner Carey asked if a public
information campaign would be done to let the residents know what the impact
would be. She said she thinks they have
to tell people what the changes and tax referendums would do to impact them,
and she thinks that is an important component.
Mr. Fisher explained staff has proposed efforts
similar to other public information efforts the staff has done. It is proposed it would cost $75,000 to cover
all the aspects.
Commissioner Carey asked if staff could
reach out to some of the not-for-profit organizations that are good community
supporters to help so the County won’t have to bear the burden of the
cost. Discussion ensued.
Commissioner Van Der Weide stated the
County can use County funds to educate the voters. PBAS and other organizations in the community
were advocates for the one cent sales tax and they solicited funds to sit on a
political campaign in support of the tax.
He said he thinks Commissioner Carey has the right idea to solicit the
support of the outside agencies to see what they can do to help.
Mr. Fisher explained the proposed
referendum and programs for direction so staff can bring forward the resolution
at the next meeting for adoption.
Commissioner Morris said the language
should not be up to 0.20 mills but should say a levy of 0.20 mills.
Commissioner Van Der Weide stated he is
hesitant going to the voters too many times, but he feels it is very important
that this issue passes so they can cover some of the future expenses.
Mr. Fisher advised the designated millage
could be used for acquisition, construction, operation, and maintenance of the
natural lands program, trails program, and pedestrian bridges, and that would
include resurfacing of some trails as needed and bridge inspections; and with the
qualifier of leveraging funds that has historically been done.
Commissioner Morris stated he is concerned
about the general maintenance of trails coming out of this. He doesn’t know if that is going to be as
accepted by some of the voters. He also
said he thinks there should be a minimum percentage dedicated to natural lands
purchases.
Commissioner Carey said she agrees that the
general maintenance is an obligation the County has.
Upon inquiry by Commissioner Dallari, Mr.
Fisher said the rule-of-thumb used for maintenance is approximately 15%. The intention is not to use a 50-50 split
because if 55% of a need came toward the natural lands side, staff is
attempting not to box the Board in on any trail projects or natural lands
acquisitions.
Commissioner Morris said a minimum 50%
should go to natural lands, because that’s what sells this and that’s what
people believe in. He doesn’t call it
boxing the Board in, but calls it disciplining the Board and it tells the
voters exactly what is going to be done.
He strongly recommended the Board consider at least 50% to natural lands.
Commissioner Carey explained the one factor
that would cost more potentially would be the natural lands side.
Chairman Henley summarized the direction is
to authorize staff to prepare the necessary resolution for a referendum;
authorize up to $100,000 for the education program; with 50% minimum to natural
lands and recharge areas.
Motion
by Commissioner Morris, seconded by Commissioner Carey, to authorize staff to
bring back a resolution at the next Board meeting (September 12, 2006) under
the guidelines enumerated by Mr. Fisher and discussion of the Board today.
Under discussion, Mr. Fisher thanked all
the staff for their help with this agenda Item.
Commissioner Morris said the Board may want
to convene immediately all the interest groups that could potentially help.
Districts, 1, 2, 3, 4 and 5 voted AYE.
Numerous e-mails were submitted to the
Record by Commissioner Dallari from citizens in support of a referendum for
natural lands.
-------
Chairman Henley recessed the meeting at
10:45 a.m. and reconvened it at 10:58 a.m.
Ms. Coto advised
staff checked and the Community Services Block Grant Advisory Board does not
require financial disclosure.
-------
Ms.
Coto thanked Mr. McMillan for discovering, when doing CRA research as it
relates to appointments, that the Legislature this year made a change in CRA’s
as related to charter counties that went into effect July 1, 2006. The change now puts a time line on counties
to respond to requests from cities creating CRA’s. If the county fails to meet the time
requirements, the CRA automatically goes into effect. She explained what the language stipulates,
advising that once the County receives a request, it has 30 days to evaluate
the request and to request additional information if the County feels what has
been provided is insufficient. Once the
additional documentation is received, the County has 30 days from receipt of
the additional information to notify the municipality if it is complete. The entire process has 120 days
limitation.
Upon
inquiry by Chairman
Chairman
Henley stated it concerns him that there is one-fifth of the city proposed in
the CRA, but there is a significant number of blighted areas that were not
included.
Upon
inquiry by Commissioner Dallari, Mr. McMillan read that the language says the
County has 120 days after receipt of all required documentation. Ms. Coto advised from her perspective, the
County has not received all the documentation, but the County has to put the
City on notice that the County is expecting additional documentation.
Mr.
McMillan said the County can contact the City and ask what they see as their
official request date. Discussion
continued.
Mr.
McMillan also stated the deadline could be extended by mutual agreement of the
parties. He advised Chairman Henley that
when the County delegates the authority to a city, the Board can put whatever
conditions they want and if the city’s consultant says they can’t create a CRA
under those conditions, then they won’t create one.
Upon
inquiry by Commissioner Morris, Mr. McMillan advised he doesn’t know if the
County ever did an initial delegation to a city where the County used any
County funds.
Mr.
McMillan said the County needs to either get an agreement to extend the
deadline or they need to make sure, within the next two weeks, to provide the
City with the County’s comments on the blight study and anything else the
County might need to evaluate their request.
Commissioner
Dallari asked Ms. Coto to put the issues of the blight study in writing.
Chairman
Henley said Ms. Coto can put in one letter the concerns about the blight study
and request for extension of time.
Ms.
Coto said she can meet with individual Commissioners if they have other issues
of concerns than what staff has raised.
Mr.
McMillan stated there is nothing in the change that provides any standard
whereby the County is required to grant a delegation.
Mr. McMillan said he had distributed to the
Board draft Charter amendments (copies received and filed) as the Board
requested. One substantive issue he
wants the Board to address is in the Charter proposal that deals with the Board
appointing the Clerk to the Board--the auditor, custodian of funds and recorder. He said there is a timing question about when
that should go into effect. He thinks,
generally, the recommendation would be to go into effect January 1, which is
the default date when Charter amendments go into effect and allow a three-month
period for any administrative things that need to be done relative to employees
and function transfers. He drafted the
amendment to go into effect a different date because the other Charter
amendment on the ballot,
Commissioner Morris said what he was
proposing was not to have split duties and he had not considered the issue of
October 1. It would seem to him that
they want to do what is least confusing to the voters. He said he concurs with Ms. Coto that it
would be nice to do this sooner than later, but it’s the issue of confusing the
voters. Discussion ensued.
Upon inquiry by Commissioner Morris, Mr.
McMillan said staff would have to run a couple ads about the referendum in the
newspaper. Whether the Board will do an
informational mail-out is up to the Board.
Mr. McMillan discussed the ballot language
summary with the Board. He said he
thinks it is important in the ballot summary to make it clear that this is a
duty they are taking away from the Clerk.
Commissioner Carey said the language for
Question #8, assignment of the duties and responsibilities of clerk to the
Board, auditor, recorder and custodian of funds, is totally confusing.
Mr. McMillan explained to Commissioner
Morris that in the language, he was trying to make it not look like there was a
transfer of duties. He said the
Constitution says the Clerk is assigned those duties only if the Charter does
not provide otherwise; it is default provision--something the Clerk is given in
absence of something else. He was trying
to make a more positive statement that the Board was not taking something away
from the Clerk, but the Charter was being revised to require the Board to do
those things.
Mr. McMillan said he understands the
Charter amendments don’t always read clear to the citizens who don’t know the
background, but they have to be clear to the judge or the court to be defensible
as not being misleading on a legal basis.
He said they can clarify the intent through information to the citizens.
Commissioner Carey said she thinks if the
voters are confused, they are not going to support it because they won’t
understand what the Board is asking them to do.
Discussion continued.
Mr. McMillan said he would try to reverse
the language and bring this back this afternoon to the Board. He said there are some other minor changes, suggested
by Commissioner Carey, to be made to the other ballot language and he will do
those.
Commissioner Carey said for Ballot 7, going
from six to ten years for the Charter Review Commission, one of the issues
discussed is that there are also costs associated with that. She asked if staff knew what those costs
were. Mr. McMillan said an economic
impact statement would need to be prepared by staff to accompany adoption of
the ordinances at the next Board meeting.
Commissioner Van Der Weide said if they
don’t make the amendments in the language where the citizens understand, they
won’t pass. He said a lot of people have
asked him why the Board would want to take the Clerk’s duties away from an
elected official that they have an opportunity to elect and put the duties into
the hand of a
Chairman Henley said he doesn’t think the
problem has been with the audits, but the concern has been with custodian of
funds. Whereupon, Commissioner Van Der
Weide said the citizens are going to be really concerned with the custodian of
funds as far as checks and balances. He
said it’s “the fox guarding the hen house” type of thing, and if they use legal
language the citizens don’t understand, that doesn’t help the issue.
Commissioner Morris said it’s ironic that
Commissioner Van Der Weide’s appointments to the Charter Review Commission were
some of the leaders on this particular issue, and this was the only issue the
Charter Commission actually agreed on.
Commissioner Van Der Weide stated he
doesn’t necessarily have to agree with the people he appointed to the Charter
Committee. He said their job, once
appointed, is to not represent him as a Commissioner but to represent the
citizens of this County, and he thinks that’s what they have done to the best
of their ability. He disagrees with them
on the Clerk’s issue as he doesn’t see a need for it, and the Board is going to
have to prove to the voters that there is a compelling need or he can’t imagine
them putting this under the
Commissioner Morris said Commissioner Van
Der Weide has cited before his objection to this and he thinks they were all
taken aback, but he has his right and his opinion. He said the voters are not aware, in any real
fashion, that the Clerk of the Court has these responsibilities so even the
title does not imply the responsibilities are there. It’s a default provision in the
Constitution. The idea of the checkbook
aspect of any business not having its own checkbook makes no sense, and for the
custodian of records, he thinks what they would do is transfer those employees
from the Clerk’s office to the County for those who want to come. He thinks life would be a lot clearer and
they would operate in a much more professional manner. He asked Mr. McMillan not to have too
radically confusing or differently worded questions between the audit function
and the County’s proposed amendment so the citizens can see that it logically
makes sense.
Commissioner Carey said the Charter
Committee did look at how many charter counties had the Clerk doing this
function and it is very limited.
Chairman Henley said also they recognize
that none of the other governmental agencies in this County which serve the
same citizens the Board serves (that is, the School Board and the
municipalities) have this form of government.
Ms. Coto advised that in
Commissioner Morris said
Chairman Henley said this County’s form of
government has been in existence since 1913 when it was first set up, and it
did default to the Clerk because they didn’t have anybody else at that time.
Commissioner Morris discussed with Mr.
McMillan why he also included the word, auditor, in this amendment again even
though it is in the other ballot initiative.
Mr. McMillan explained if the Charter Review Commission amendment fails,
all of the responsibilities would transfer to the Board’s amendment. If both amendments pass, then they are both
consistent.
Commissioner Morris stated if the auditor
amendment fails to transfer and it is repeated in the Board’s amendment and the
voters understand, then they will kill the whole thing. He asked Mr. McMillan why he would try to
wrap the two amendments together. Discussion
ensued with Mr. McMillan.
Commissioner Dallari asked Mr. McMillan to
try to simplify this because he is sure the public will have just as much difficulty
understanding the amendments as the Board.
Commissioner Morris asked Mr. McMillan to
reorder the amendments so that they flow better.
-----
Chairman Henley recessed the meeting at
11:32 a.m., reconvening at 1:30
p.m., with all Commissioners (with Commissioner Van Der Weide entering late),
and all other Officials with the exception of Deputy Clerk Carylon Cohen, who
was replaced by Deputy Clerk Eva Roach, who were present at the Opening
Session.
PROOFS
OF PUBLICATION
Motion by Commissioner Morris, seconded
by Commissioner Dallari to authorize filing the proofs of publication for this
meeting's scheduled public hearings.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Van Der Weide entered the meeting at this time.
PUBLIC
HEARINGS
REZONE/CURT
COGAN
Continuation
of a public hearing to consider request to Rezone 19+/- acres located on the
south side of Red Bug Lake Road, east of SR 436 on the north side of Lake
Howell, from A-1 (Agriculture) to R-3A (Multiple-Family Dwelling), as described
in the proof of publication, Curt Cogan.
Tina
Williamson, Planning, addressed the Board to state the applicant is proposing
to develop a feasible townhouse project at a maximum net density of 10 dwelling
units per net buildable acre, not to exceed 120 units. The future land use designation of the
subject property is Medium Density Residential (MDR). The proposed development complies with the
setback buffering and open space of the R-3A zoning district. She advised that the Board received a revised
development order. The original
development had conditions associated with a boat ramp and the applicant is not
seeking approval for that, therefore, those conditions have been removed. The
Upon
inquiry by Chairman Henley, Ms. Williamson advised the changes to the development
order were not available at the time of the Planning & Zoning (P&Z)
Commission hearing.
Attorney
Douglas Gartenlaub, Graham, Builder, Jones, Pratt, & Marks, addressed the
Board to state this is consistent with the Land Use Plan and they have worked
with staff to make sure that all the conditions are in compliance. He stated Cogan Development has requested a
density that is lower than what they could have requested.
Christopher
Cogan, President of Cogan Development, addressed the Board to state Cogan
Development has been in the
Upon
inquiry by Commissioner Dallari, Mr. Cogan advised they are under a binding,
nonrefundable contract with the Mayflower and they have spent several years
looking for an ideal property to expand.
The Mayflower attorneys have made it clear that putting a restriction
onto the property would create a deed restriction or a cloud on the title. Everybody wants to make sure that the
Mayflower is here as a neighbor, but putting a restriction on it would create
an avenue for them to kill the deal. He
said he has a copy of a letter from the CEO of the Mayflower outlining their
intent to build these townhomes for age groups 62 years old or older.
Commissioner
Morris stated he has had personal experiences with the Mayflower and the equity
ownership they offer and the continued care they offer is really
remarkable. The Mayflower takes care of
their residents and they have equity ownership for life.
Upon
inquiry by Commissioner Van Der Weide, Mr. Cogan advised they have a dock and
staff will operate the boats by taking the residents for rides on the lake.
Rev.
Bruce Scott,
Edward
Finch,
Joseph
Lewis, 233 Shady Hollow, addressed the Board to state he is speaking on behalf
of his wife as she was unable to attend.
He stated they attend Westminster Presbyterian Church and they are in
favor of the development for reasons the Board has already heard. Since this project will have age restrictions
it will not impact the schools, and it will be a plus for the county. The development will not be generating rush
hour traffic and it seems like it is a win-win for everyone.
Jerome
Vick,
Dr.
Bruce Kruglick,
Gary
Knight,
Chairman
Henley stated he has one letter (received and filed) from Richard Biondi
indicating that he is in favor of the project.
Jenny
Musser,
Egerton
van den Berg, 1245 Howell Point, addressed the Board to state the density of
his property that is across the lake to the south is one unit to 2½ acres. He stated when he looked at this project, he
wondered why anyone would approve 10 units to the acre. The Friends of Lake Howell could enter into a
binding agreement with the applicant if the Board agreed to limiting the
project to age restriction of 55 or older.
If not, then the development should not be granted. He stated he doesn’t want his next door
neighbor to sprout a family with four screaming kids. He said he doesn’t think he would be bothered
if the unit he might occupy is age restricted.
By not placing an age restriction on it may be a negative. The lake is in a very delicate condition and
the people living here are the ones who pay to try to maintain the water
quality of that lake. He asked the Board
to agree with the P&Z’s recommendations and vote no on this application.
Attorney
Robert Simon, Winderweedle, Haines, Ward & Woodman, addressed the Board to
state he represents John and Lynn Schwartzman.
He displayed and reviewed a sketch (received and filed) showing the
location of his client’s property and circular driveway. He displayed a site plan (received and filed)
highlighted in yellow the portion of Mr. & Mrs. Schwartzman’s easement that
reflects a gate blocking their entrance and a common use for their nonexclusive
right to enter or exit his client’s home.
He also displayed a copy of the initial deed (received and filed)
reserving that easement area. He
displayed an affidavit and deed (received and filed) filing that grant of right
to limit the location of that easement.
He advised the Schwartzmans have filed a lawsuit against the developer
relating to their easement right, seeking declaratory injunctive relief if
there are any attempts to interfere, disrupt or relocate their easement.
Robert
McMillan,
Commissioner
Cary asked Mr. McMillan that under a typical easement if it is allowable that
the underlying land owner might relocate that easement to another location.
Mr.
McMillan stated that would depend entirely on the terms of the easement that is
provided. Some easements clearly define
the land in which the easement runs and some of them provide the ability to
relocate. He stated the deed says one
thing and there were some clarifying documents and an affidavit filed says
another, but the Court has to make that determination.
Commissioner
Morris asked that when the site plan comes back, they could put in the
development order that a wrought-iron gate be required on the property.
Mr.
McMillan stated he has no problem with that.
Commissioner
Morris stated the homeowner’s association would have to maintain the gate.
Joseph
Lung, 1244 Lake Howell Trail, addressed the Board to state he is the Chairman
for the Friends of Lake Howell and they are opposed to the rezoning on
Bob
Musser, 2780 Lake Howell Lane, addressed the Board to state he has worked with
the applicant for a long period of time; and it became apparent that they are
not going to get any binding restriction in the development order that
obligated Cogan Development, Red Bug Liability or any successive owner to
actually restrict to a 55 or older community.
Many of the people have based their support on this rezone hearing
because of the sales job that says it will be the Mayflower and it will be a
retirement community. He says he has a
letter of intent that says they are intending to build a 55 year or older
community. He stated he would like to
see some type of contract where they are obligated under financial penalty to
put in an age restricted community and it be placed in the development
order. The Friends of Lake Howell has no
guarantee that this development will be age restricted. He stated he cannot support this because they
cannot get a locked-in agreement.
Mr.
McMillan left the meeting at this time.
Upon
inquiry by Commissioner Carey, Mr. Musser advised the Friends of Lake Howell
would be in agreement to the rezone if they can get assurance that there will
be an age restriction.
Steve
Collins,
Mr.
McMillan reentered the meeting at this time.
Mr.
Collins stated
Carol
Mears,
James
Travis,
Attorney
Gartenlaub submitted the Mayflower sale and purchase contract (copy received
and filed) for the Record. He stated the
Mayflower stand on their integrity in the community and they are not walking
away from it. He said Mr. Cogan has
tried to deal with every issue that has come up. He added he is surprised that the Friends of
Lake Howell are opposing the project and their big issue was the 55 and
over. A copy of the Membership Agreement
with the Friends of Lake Howell and his client, and a letter from the David
McGuffin, President/CEO of the Mayflower indicating their intent to develop a
62 and over project were received and filed.
He displayed and reviewed copies of photographs (received and filed) of
the Mayflower facility in
Upon
inquiry by Commissioner Carey, Mr. Cogan advised he does not have the
architectural renderings of the project at this time.
Upon
further inquiry by Commissioner Carey, Mr. McMillan advised the Board cannot
impose a commitment of an age restriction.
He stated there are a number of age restricted communities and they are
done by deed restriction or private agreement, and they are not by government
action. There is a provision in the
Federal Fair Housing laws that allow government to do certain kind of senior
zoning categories. He further advised
there is a provision in the federal law that says if they meet certain
standards they can do that and they are not in violation of federal statutory
law with regard to age discrimination.
Upon
inquiry by Chairman Henley, Ms. Williamson advised the net buildable acreage is
12.448 acres.
No
one else spoke in support or in opposition.
Speaker
Request and Written Comment Forms were received and filed.
A
letter from Wenda Snow supporting the rezone was received and filed.
E-mails
to Commissioner Dallari from area residents were received and filed.
District
Commissioner Dallari stated this has nothing to do with the Mayflower or the 55
or over age restriction, but it is about rezoning and compatibility. He stated there is only one townhouse unit
along the south side of
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to deny request to Rezone 19+/- acres
located on the south side of Red Bug Lake Road, east of SR 436 on the north
side of Lake Howell, from A-1 (Agriculture) to R-3A (Multiple-Family Dwelling),
as described in the proof of publication, Curt Cogan.
Under
discussion, Commissioner Carey stated the issue here is there is a multi-MDR
land use designation on this property.
While they can go from four units to 10 units, there are things that
come along with that designation. If
they don’t like the land use assigned to the property, they should go back and
change it through the administrative process.
She said she is concerned with the larger lakes in the County and she
feels they should go back and look at the Future Land Use before someone else
comes in and ask for a rezone. She
stated she is not going to support the motion as she doesn’t think single
family would be appropriate with a MDR future land use.
Commissioner
Morris stated he will not be supporting the motion as this is a straight zoning
issue. The issue of it being the
Mayflower is not relevant. He stated it
is clear to him that the development trends in this area are multi-family and
high density.
Commissioner
Dallari stated he feels it is too high in the upper end of the density.
Districts
1 and 3 voted AYE.
Commissioners
Henley, Carey and Morris voted NAY, whereupon the motion failed for lack of a majority vote.
Motion by Commissioner Morris, seconded
by Commissioner Carey to adopt Ordinance #2006-55, as shown on page _______, approving
rezone of 19+/- acres located on the south side of Red Bug Lake Road, east of
SR 436 on the north side of Lake Howell, from A-1 (Agriculture) to R-3A
(Multiple-Family Dwelling), as described in the proof of publication, Curt
Cogan, based on staff findings, and subject to the Development Plan and
Development Order, as shown on page ________, with staff conditions.
Under
discussion and upon inquiry by Commissioner Carey, Commissioner Morris advised
what he is approving is the zoning. The
project will not exceed 120 units and they will see what the site plan shows.
Don
Fisher, Deputy County Manager, advised staff is recommending placing a cap on
it.
Commissioner
Van Der Weide stated he feels they are giving the citizens false hope by
suggesting that it will come back and not get the units and he does not want to
mislead the public, therefore, he will not be supporting the motion.
Commissioner
Dallari asked the motion maker to put a maximum cap on the units to make sure
the density is lower.
Commissioner
Morris stated his job is to interpret the recommendation of staff and listen to
the testimony. He stated multiple people
were opposed to this based upon the age issue and not the density issue.
Districts
2, 4 and 5 voted AYE.
Commissioners
Dallari and Van Der Weide voted NAY.
SEMINOLE COUNTY TOWING AND
TRANSPORT
OF VEHICLES ORDINANCE
Proof
of publication, as shown on page ________, calling for a public hearing to
consider the Seminole County Towing and Transport of Vehicles Ordinance to
change Section 45.123, Rates, Part 4, Business Regulations of the Class “A”
storage fee and the administrative fee, received and filed.
Meloney
Lung, Administrative Services, addressed the Board to advise the changes
include increasing the daily storage fee from $15.00 to $20.00 and increasing
the administrative fee from $30.00 to $35.00.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to adopt Ordinance #2006-56, as shown on page
________, changing Section 45.123, Rates, Part 4, Business Regulations of the
Class “A” storage fee and the administrative fee of the Seminole County Towing
and Transport of Vehicles, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Henley recessed the meeting at 3:00 p.m., reconvening it at 3:10 p.m., with
Commissioners Morris and Carey entering late.
REZONE/Patel
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone 1.08+/- acres located on the north side of Narcissus
Avenue and east of Elder Road North, from A-1 (Agriculture) to PCD (Planned
Commercial Development), Rambhai Patel, received and filed.
Benjamin
Dunn, Planning, addressed the Board to advise the applicant is proposing to
develop a 12,000 sq. ft. two-story office building. He stated staff recommends approval of the
request subject to the Preliminary Site Plan and Development Order.
Commissioners
Morris and Carey entered the meeting at this time.
Mr.
Dunn informed District Commissioner Carey that the property adjacent to the
facility going in that they want to protect does include in the development
order that there shall be no windows on the west side.
Mr. Dunn stated Item D of the development
order indicates that there shall be no windows located on the west side of the
building. The applicant has committed to
orient the existing tree coverage to block the view of the windows.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Morris to adopt Ordinance #2006-57, as shown on page ________,
approving the rezone of 1.08+/- acres located on the north side of Narcissus
Avenue and east of Elder Road North, from A-1 (Agriculture) to PCD (Planned
Commercial Development), as described in the proof of publication, Rambhai
Patel, subject to the Preliminary Site Plan and Development Order, as shown on
page ________, and staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE/John
Sadri
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to Rezone 6.66+/- acres located on the south side of Center
Drive, east of Sunset Road, from A-1 (Agriculture) to R-1A (Single-Family
Dwelling), John Sadri, received and filed.
Mr.
Dunn stated staff conducted a lot size compatibility analysis and determined
that the analysis does support the requested rezone to R-1A. Staff recommends approval of the
request. The P&Z Commission
recommended approval. He referred to the
zoning map in the backup and advised that the property to the east is actually
R-1A and that is being corrected at this time.
Commissioner
Morris stated it was good to read the capacity report on this as they can see
the problem, especially in the elementary school.
Chairman
Henley stated the one thing that is missing is the amount that may have been
approved previously that will impact those schools. Discussion ensued.
Commissioner
Carey stated the column that is still missing is what the percentage of
utilization would be with those recently approved developments.
John
Sadri, applicant, addressed the Board to state he has been living in the
community of about one-fifth of a mile away from this site for the last seven
years. The zoning level is consistent
with the two subdivisions to the east.
Mr.
Sadri informed Chairman Henley that he anticipates completing this project in
about a year.
No
one spoke in support or in opposition.
Motion by Commissioner Morris, seconded
by Commissioner Carey to adopt Ordinance #2006-58, as shown on page _______,
approving rezone of 6.66+/- acres located on the south side of Center Drive,
east of Sunset Road, from A-1 (Agriculture) to R-1A (Single-Family Dwelling),
as described in the proof of publication, John Sadri, based on staff findings.
Under
discussion, Commissioner Carey stated the school capacity report does not
include any relocatable stations.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan left the meeting at this time.
DOCK
AND BOATHOUSE/Janowitz
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to approve construction of a dock and boathouse structure
consisting of 1,196 sq. ft. for property located at 3078 Kingfisher Point in
Chuluota on Lake Mills, Albert Cichra Builders, Inc. for Eric Janowitz, owner,
received and filed.
Wendy
Meyer, Development Review, addressed the Board to state per the Seminole County
Land Development Code, the Board is required to approve boat docks exceeding
1,000 square feet. Staff recommends approval
of the request.
No
one spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Carey to approve construction of a dock and boathouse
structure consisting of 1,196 sq. ft. for property located at 3078 Kingfisher
Point in Chuluota on Lake Mills, as described in the proof of publication,
Albert Cichra Builders, Inc. for Eric Janowitz, owner, in accordance with the
permit issued by the St. Johns River Water Management District and requirements
pursuant to the Seminole County Land Development Code.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan reentered the meeting at this time.
PORT
AUTHORITY BUDGET
Proof
of publication, as shown on page ________, calling for a public hearing to
consider request to approve the Seminole County Port Authority Budget for
Fiscal Year 2006/07, received and filed.
Matthew
Brown, Port Authority Chairman, addressed the Board to state he is honored to
present the 2006/2007 budget of the Port Authority. He stated the budget has been thoughtfully
crafted and carefully considered by the Board of Directors of the Port
Authority. The budget is prepared in two
parts, the first outlines an operational budget which defines estimated cash
revenues and disbursements. The second
is the total cash budget and it defines anticipated operational and
non-operational elements. The Port
Authority will enter the 2006/2007 fiscal year in an admirable position of
being both debt free and built out. The
Port Authority is bringing to the Board a balanced operational budget in the
amount of $2,534,697, a decrease of about $140,000. He stated the Port Authority has previously
met with the BCC in 2003 and since that meeting, seven of the eight members
have changed and it has been suggested that they meet again to discuss shared
interests in economic development and support of the small business
community. He requested the Board
approve the proposed 2006/2007 Port Authority budget. A copy of Mr. Brown’s comments was received
and filed.
Upon
inquiry by Commissioner Morris, Mr. Brown advised the Port Authority has been
working closely with Seminole Community College (SCC) and every place they are
opening up a campus (currently one on the south side in Altamonte), the small
business is planning to open up in that facility as well as in the Heathrow
area. They are trying to move across
the county.
Commissioner
Morris stated seeing the remarkable profits being reinvested and creating job
opportunities is exciting.
Mr.
Brown stated even though he would like to see the Board invest all of that, but
he relies the County has other needs as well.
He stated he has always hoped that the County will continue their
support and that is why he would like to sit down with them.
Chairman
Commissioner
Van Der Weide advised that Mr. Dennis Dolgner will be retiring soon and he is
hopeful they can find someone to replace him as executive director.
Dennis
Dolgner addressed the Board to state he has been at the Port Authority for 32
years. He stated he feels that this
Board and the citizens, who were business minded, looked out for the future of
Commissioner
Van Der Weide commended Mr. Dolgner for a job well done.
Commissioner
Dallari stated he would like to commend Mr. Dolgner and Mr. Brown for the
accomplishments they have done. He
stated he agrees the money that is being brought back to the County should be
used for economic development.
Mr.
Dolgner informed the Board that he will be retiring by the end of the year.
No
one spoke in support or in opposition.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to approve the Port Authority Budget for Fiscal
Year 2006/07, as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Henley reported that the Board recently had consensus to adopt a resolution for
the Communities for a Lifetime, and staff will bring that back on September 12,
2006. He stated he would like consensus
from the Board to go ahead and establish a committee that will be in charge of
conducting an inventory.
Upon
inquiry by Commissioner Dallari, Chairman Henley advised the size of the
committee will be determined. He stated
he cannot anticipate the size of the committee until they know how many
agencies will want to participate. There
will be several different projects that the committee will be working on with
staff. The Board voiced no objections.
Upon
inquiry by Commissioner Carey, Chairman Henley advised the Board can submit
names between now and the September 12, 2006 meeting. He stated he will meet with the
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were “received and filed”:
1. Letter
dated
2. Letter
dated
3. Copy
of letter dated
4. Memorandum
dated
5. Letter
dated
6. Memorandum
dated
7. Letter
dated
8. Copy
of a letter dated
9. Letter
dated
10. Memorandum dated
11. Notice and agenda for
12. Contract for services, as shown on page _______, between Seminole
Co. government and the following: Brian
Rosen (slow pitch softball field supervisor); Brian Lepak (umpire); and Zachary
Wood (Scorekeeper).
13. Copy of letter dated
14. Letter dated
15. Notice of
16. Notice of Public Hearing-City of Longwood –
17. Letter dated
18. Memorandum dated
19. Copy of letter dated
20. Memorandum dated
21. Copy of letter dated
22. Copy of letters dated
23. Notice of Planning & Zoning Public Hearing – City of
24. Letter dated
25. Copy of letter dated
26. Correspondence with various dates to
DISTRICT
COMMISSIONERS REPORTS
Commissioner
Carey stated she feels it would be a good idea to look at the future land use
around the larger lakes in the County so that they don’t find themselves in a
situation like today. The Board voiced no objections.
Commissioner
Morris stated he feels the one thing they need to do is set the parameters as
to the size of the lake and how far off the shoreline they want to go.
Commissioner
Carey stated there are five large DRI’s on the
Ms.
Coto stated the one thing staff will be bringing back to the Board on September
12 or 13, is the lake management program and they have been able to identify
those lakes that are in distress, those that are on the margin, and those that
may feed into a lake that are distressed.
She stated they have done a priority listing and identified the lake
bodies within
Commissioner
Carey stated those are the ones that staff should look at the land use first.
Commissioner
Van Der Weide asked how many lakes in
Mr.
Fisher asked clarification from the Board if their concern is protecting the
water body as opposed to the land use itself.
Commissioner
Carey stated that is correct.
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Commissioner
Carey stated she will be attending the Florida Association of Counties
Legislative Policy Committee meeting around the end of September and if the
Board has any concerns for legislative issues, they can submit them to the
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Commissioner
Carey stated Labor Day (Sept. 4) will be coming up and she would like to wish
everyone a happy and safe holiday. She
reminded everyone to get out and vote on September 5, 2006.
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Commissioner
Dallari stated he will be attending the Guardian Ad Litem State Conference in
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Commissioner
Dallari advised the Seminole County Health Department will be opening the new
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Commissioner
Morris referred to the SR 417 northeast connector that connects the toll road
to I-95. Seminole and
Chairman
Henley stated he feels it would be important for the BCC to initiate this in
order to get it going. Commissioner Carey asked if the Orange County
Expressway Authority currently is doing that study under the funding that
Congressman Mica put together.
Commissioner
Morris stated it is being held up now.
Commissioner
Van Der Weide stated the key is they need to break
Commissioner
Carey stated some of those who have concerns now have supported it in the
past. There is one major landowner in
that corridor. She stated she and
Congressman Mica talked about this being an alternative emergency route because
if they have to evacuate the State of
Chairman
Henley stated he feels the BCC and
Upon
inquiry by Commissioner Dallari, Chairman Henley advised he will meet with the
Commissioner
Dallari asked if the Board would be inclined to reach out to
Chairman
Henley stated he feels
Commissioner
Morris recommended scheduling a meeting in January to help the new elected
officials. He stated they can set up
some type of structure for this
Chairman
Henley said he doesn’t think anyone objects to proceeding with that.
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Commissioner
Van Der Weide updated the Board on the Sabal Point Country Club. He stated the maintenance is now being
performed on the greenways, runways and ponds.
He stated the residents are very appreciative of that with the
developers.
COMMITTEE
REPORTS
No
Report.
Mr.
McMillan stated he has tweaked two of the ballot languages (Financial Impact
and Frequency of Appointment) of the proposed charter amendments. He stated the ballot language for the
Frequency of Appointment shall read:
“Should the Seminole County Charter be amended to change the frequency
of appointment of the Charter Review Commission from every six (6) years to
every ten (10) years”. The ballot
language for the Financial Impact shall read:
“Should the Seminole County Charter be amended to authorize the County
to require a statement of financial impact to be provided to the public
regarding proposed charter amendments and to make such a statement a
prerequisite to placement of proposed charter amendments of the ballot”. He stated he has modified the last sentence
of the Clerk’s responsibilities ballot language (received and filed) and it
reads: “Should the Seminole County
Charter be amended to transfer those designated county related functions from
the Clerk and require the County to assign those duties in its Charter or
Administrative Code”.
Upon
inquiry by Commissioner Morris, Mr. McMillan advised the Board could amend the
ordinance at the time of the hearing, but he would recommend changes being as
limited as possible. Discussion ensued
relating to the charter amendment for the auditor as approved by the Charter
Review Commission and the duties of a constitutional officer.
Mr.
McMillan advised Commissioner Morris that he has not seen anything that says
they cannot make a statement and then ask a question in the ballot
language. He stated if he finds
something between now and the next Board meeting, he will modify that into a
question. He added he doesn’t think
there is a problem with making a statement as the question is there and the
statement is factual.
Mr. McMillan stated he tried to track the
language of the Constitution as much as possible.
Upon
inquiry by Commissioner Morris, Mr. McMillan advised the functions of the Clerk
to the Board, auditor, recorder, and custodian of county funds are
county-related functions as opposed to court-related functions. He stated the Clerk performs court-related
functions as Clerk to the Court; and there are certain duties that she has been
assigned by the Constitution, if they do have a charter provision, to undertake
and those are related to the county and not to the courts. He stated they are taking the county related
functions and transferring them to the County.
Chairman
Henley asked if there are other county-related functions that people might
interpret as county-related functions.
Commissioner Morris stated that is why he put
the words “those designated county-related functions” to make it clearer.
Commissioner
Dallari asked if there is any way of clearing this up more so people will not
be confused.
Mr.
McMillan stated they can leave out the words “county related” and say “amended
to transfer those specified functions from the Clerk”.
Commissioner
Carey suggested striking everything from “transfer” and add the following words
“Should the Seminole County Charter be amended to require the County to assign
those duties in its Charter or Administrative Code.
Mr.
McMillan stated his concern is someone would allege that they didn’t disclose
that they are transferring duties from the Clerk.
Commissioner
Carey suggested saying “be amended to transfer those specific functions from
the Clerk”.
Mr.
McMillan stated the words “designated county-related” can be deleted if the
Board feels it would make it more complicated.
Commissioner
Carey stated she feels the cleaner the question, the easier for the voters to
understand.
Mr.
McMillan stated if they are relying on people reading this on the ballot in the
voting booth, he believes they are expecting too much. The voters’ real decision will be made if
they get information in advance or they will vote up or down on instinct.
Commissioner
Dallari stated he believes the voters will make their decision on
instinct.
Commissioner
Morris recommended checking the comma fault of the first sentence and changing
the capitalization of auditor in the last sentence.
Motion by Commissioner Morris, seconded
by Commissioner Carey to authorize to advertise and schedule a public hearing
for the three proposed Charter amendments (frequency of appointments, financial
impact, and duties and responsibilities of Clerk).
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
McMillan advised he will make the changes to the office of Clerk to the Board
to become effective January 1, 2007.
Commissioner
Morris stated he feels it makes more sense to make it effective October 1,
2007. Whereupon, Mr. McMillan advised he
will do that.
Commissioner
Carey stated she feels it would be complicated if they have one become
effective October 1 and the other January 1.
She stated she feels both of them should be kept the same date.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:15 p.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
cc/er