BOARD OF
SEPTEMBER 12,
2006
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 Dr. John Holloway, First Baptist Church of Sweetwater,
Longwood.
Commissioner
Dick Van Der Weide led the Pledge of Allegiance.
Awards and
Presentations
Dr.
John Holloway and Ed Hildebrand, First Baptist of Sweetwater Church, addressed
the Board to present a Resolution acknowledging the professionalism and skill
of
Chairman Henley expressed his appreciation
to Dr. Holloway for the Resolution.
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Motion
by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2006-R-196, as shown on page _______, acknowledging the recipients
of the 2006 Seminole County Industry Recognition Award; to be presented at the
“2006 Industry Recognition Luncheon” to be held on September 22, 2006.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey
presented the Resolution to Bill McDermott, Economic Development Director, who
expressed thanks to the Board for honoring local companies in
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Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt
appropriate Resolution #2006-R-195, as shown on page _______, designating
September 25, 2006 as “Family Day - A Day to Eat Dinner with Your Children”.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Morris, seconded by Commissioner Carey, to adopt appropriate
Resolution #2006-R-194, as shown on page _______, proclaiming September 22,
2006 as “Native American Day”.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Henley advised the Resolution will
be presented to the appropriate persons at the appropriate time.
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Lynne
Whatley, Project Manager, Carter & Burgess, along with Eric Wooley, Lead
Engineer, addressed the Board to give a presentation of the Project Development
and Environment (PD&E) Study. Ms.
Whatley expressed her thanks to Mr. McCollum and staff. She said DOT is conducting the PD&E study
through
Mr.
Wooley addressed the Board to state that currently, the road is a four-lane
rural section. The proposed typical
section will be fully urbanized with curb and gutter, and will be a six-lane
roadway. He described the project and
said the landscaping aspects have yet to be worked out. He stated access management has been worked
out with DOT. This has been brought to
the local municipalities and is not concrete and is subject to change. The roadway will require no additional
right-of-way. There will be off-site
drainage systems.
Ms. Whatley stated the only additional
right-of-way required will be for the off-site stormwater. All the potential sites have been
located. The only other environmental issue
of concern could be the noise. She said
this study is underway now. She said
they have discussed with the residents of the
Commissioner Carey asked if the areas for
bus stops would be covered. Ms. Whatley
stated that is yet to be determined with Lynx.
Chairman Henley stated he will be working
with Lynx on that.
Commissioner Van Der Weide said every time
they do something with 17-92, there are property owners and business owners who
can’t update their areas. He asked if the
State officials have changed their opinion about having a community retention
pond.
Ms. Whatley stated that so far they have
identified a potential pond site per every basin. She said during final design they may be able
to do a regional pond.
Whereupon, Commissioner Van Der Weide said
he thinks it would be very worthwhile if the County staff would see if there is
something they can work out to address these issues.
Mr. McCollum stated this is a very
preliminary stage. They do have areas
where they do a total take, and they will push with the Department of
Transportation to pick up any local property adjacent to that for
retention. He said staff is coordinating
with the CRA and trying to present a similar look as to what they are doing on
17-92 from Lake-of-the-Woods south to
Commissioner Van Der Weide said he thinks
this would be the opportunity to address some of those issues.
Commissioner Morris stated he is concerned
they have held the line firmly on the regional partners. He said the schedule concerns him with the construction
not beginning until the middle of Year 2010.
Mr. McCollum said that is the current DOT
work program. This project is in the
current five-year work program.
Commissioner Morris said it concerns him that the project is still five
years out. He said the DOT schedule
doesn’t make sense, and he asked why not accelerate it.
Mr. McCollum stated staff has been working
with DOT to accelerate the schedule; and at every opportunity, they will push
it.
Commissioner Morris stated they have a technical
committee to resolve a lot of the issues, but this needs to be a public
issue. He said he thought they were
going to construction in Year 2008 initially.
He stated this is an alternative corridor to I-4 when it closes
down.
Upon inquiry by Commissioner Morris, Ms.
Whatley answered what will happen to General Hutchison intersection under this
plan to go to six lanes. Mr. McCollum
answered that the accident rate along that part of 17-92 is no different than
any other.
Commissioner Morris said he wants to make
sure they are cautious on clear cutting if they should turn the intersection
into a T-intersection. Mr. McCollum said
his staff has been working with Colleen Rotella, Community Resources, on that.
Ms. Whatley stated that they will make sure
they impact as little of the wetlands as possible in that area.
Mr. Wooley advised Commissioner Morris that
the median would go from 30 feet to 21 feet.
Commissioner Morris stated the Board was
told the shelters on 17-92 would go in 2007/08 and now they won’t go in until
2012. He said some of the stops don’t
even have a bench. He further said they
may need to have a temporary solution since this is a moving target. He asked if this could be brought back to the
Board.
Mr. McCollum said staff will meet with Lynx
to get something temporarily resolved.
Commissioner Carey said the company needs
to get that done before the road is done.
Tony Walter, Planning Manager, addressed
the Board to advise that one shelter will be put in front of the courthouse and
two shelters will be placed in front of Flea World. Also, staff is looking at placing another
shelter in front of Five Points.
Commissioner Carey said another critical
location is in front of Lake Katherine Estates where there are a lot of senior
citizens. Mr. Walter said staff will
check that location.
Commissioner Morris said at a minimum, if
they could do some leveling and put in a bench and a garbage can, that would be
nice.
Chairman Henley asked staff to let him know
what type response they get from Lynx.
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Cindy Coto,
Motion
by Commissioner Dallari, seconded by Commissioner Morris, to approve and
authorize the following:
Administrative
Services
Support Services
7. Approve
and authorize Chairman to execute the Tourism Office lease, as shown on page
_______, at
Community Services
Community Assistance
8. Approve
and authorize Chairman to execute the Restated Tenant-Based Rental Assistance Subrecipient
Agreement, as shown on page _______, with the Seminole County Housing
Authority.
9. Approve and authorize Chairman to execute the
Restated Tenant-Based Rental Assistance Subrecipient Agreement, as shown on
page _______, with the Center for Affordable Housing, Inc.
Tourism Development
34. Approve and authorize Chairman to execute
Agreement, as shown on page _______, between
Commissioner Morris commented regarding
Item #32 that his is an excellent agreement and a great act of
cooperation.
Commissioner Carey commented on Item #28
that the contractor had cut down some trees and they went back and replanted
them but did not go back and finish the job.
Staff had been trying to get that issue resolved and she is sure they
will get that finalized. She said she
would like to see that done.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Henley said he doesn’t know of anyone who would object to expediting this.
Commissioner
Morris complemented both staffs on this agreement. He asked if they are going to be put this in
the Comprehensive Plan, not the agreement itself but the specifics relative to the
future land use changes. Ms. Boswell answered
yes.
Commissioner
Morris asked Ms. Coto if she would relay the County’s agreement to Mr. Seeber
and others. He said the JPA addressed
the issues.
Commissioner
Dallari asked for Ms. Coto’s assistance to schedule a meeting with the city of
Districts
1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent
Agenda
Motion
by Commissioner Carey, seconded by Commissioner Morris, to approve and
authorize the following:
Clerk’s Office
35. Expenditure Approval Lists, as shown on page
_______, dated August 7 & 14, 2006; and Payroll Approval List, as shown on
page _______, dated August 10, 2006
36. Approval of BCC Official Minutes dated August
8, 2006.
Sheriff’s Office
38. Approval by the Board of County Commissioners
to expend $1,000 from the Law Enforcement Trust Fund to provide for a
contribution to support the 22nd Annual Attorney General National
Conference “Preventing Crime in the Black Community”.
39. Approval by the Board of County Commissioners
to expend $2,500 from the Law Enforcement Trust Fund to provide for a
contribution to various crime prevention and education programs operated by the
Seminole County NAACP branch.
40. Approval by the Board of County Commissioners
to expend $2,000 from the Law Enforcement Trust Fund to provide for a
contribution to the 2006 Seminole County Red Ribbon Campaign.
Districts
1, 2, 3, 4 and 5 voted AYE.
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1. Title
Opinion, as shown on page _______, for Venture Thirty-two, Inc. minor
subdivision plat.
2. Satisfaction,
as shown on page _______, of Lien for Emma J. & Colin Burley, Case
#04-43-CEB, as approved by the BCC on June 27, 2006.
3. Maintenance
Bonds for the following: Trails Unit, as
shown on page _______, in the amount of $122,574.54; Lake Harriet Drive
ROW-Wekiva Square, as shown on page _______, in the amount of $27,530; and Lake
Emma Road-Brentwood Club ROW, as shown on page ______, in the amount of
$15,226.
4. Performance
Bond, as shown on page _______, in the amount of $782,825.34 for the project
known as BR’s Reserve/The Preserves at Interlachen.
5. Letters
from the Public Service Commission relating to Application for increase in
water and wastewater rates in
6. Non-certified
Tennis Pro Agreement, as shown on page _______, for Helen Belanger.
7. Interlocal
Agreement, as shown on page _______, with the
8. Satisfaction,
as shown on page _______, of Connection Fees for the project known as
9. Conditional
Utility Agreements, as shown on page _______, for water and sewer service with
KB Homes for the project known as Silverleaf Park Townhomes.
10. Development Order #05-20500007, as shown on
page _______, for the Dodd Road Townhomes PUD, Adventist Health Systems, Inc.,
as approved by the BCC on October 25, 2005.
11. Audit prepared by the Clerk of Circuit Court
for the City of
12. Rerecorded Development Order #03-20500002, as
shown on page _______, for Tradition at Alafaya, approved by the BCC on May 13,
2003.
13. Board of Adjustment Development Orders, as
shown on page _______, as follows:
#06-32000004, Greg Zbylut Special Exception; #06-32000002, Thomas Infantino
Special Exception; #06-3000069, Eugene Cooper Variance; #06-30000070, Leon
& Drucilla Howard Variance; #06-30000072, Abdallah Ghazzawieh Variance;
#06-30000074, Ivan Estrella Variance; #06-30000076, Dean Collins Variance;
#06-3000077, Dean & Wendy Eaton Variances; #06-30000079, Norman Burlakos
Variance; #06-30000081, Joseph Aloi Variance; #06-30000082, Nelson & Maria
Martin Variance; #06-30000083, Marie Francois Variance; #06-30000085, Tami
McKenna Variance; #06-30000085, Alan Migliarato Variance; #06-3000086, James
Fisher Variance; #06-30000087, Kathy Miller & George Patages Variances;
#06-30000088, Edwin Tosado Variance; #06-30000090, Enrique & Olga Vera
Variance; #06-30000093, Xavier Vargas Variance; #06-30000094, Susan Jackson
Variance; #06-30000095, Jim McSweeney Variance; #06-30000096, Frank Locasio
Variance; #06-30000097, David Fulsang Variance; #06-30000099, AR Construction
& Realty Variance; #06-30000100, Steven & Linda Kohn Variance;
#06-30000101, Steve Gorwig Variance; #06-30000102, David Spencer Variance;
#06-300000109, Philip Salvia Variance; #06-300000126, Daphne Clark Variance;
#06-3100012, Bernard & Tamara McPherson Special Exception; #06-31000013,
Kathy Dregne & Emile Jammal Special Exception; #06-31000014, L.D. Plante
Special Exception; #06-3100015, James Williamson Special Exception;
#06-31000016, Denise St. Amant Special Exception; and #06-31000017, Monica
& Joerg Whitehead Special Exception.
14. Title Opinions, as shown on page _______, for
the following:
15. Hawthorne Estates Developer’s Commitment
Agreement, as shown on page _______, approved by the BCC on November 15, 2005.
16. Work Orders #50 and #51, as shown on page
_______, to CC-1212-03.
17. Amendment #3, as shown on page _______, to
Work Order #1 to PS-5159-04.
18. Work Order #3, as shown on page _______, to
RFP-0778-06.
19. Work Order #17, as shown on page _______, to
PS-566-00.
20. Work Orders #34, #35, and #36, as shown on
page _______, to PS-5150-03.
21. Work Order #10, as shown on page _______, to
CC-1267-05.
22. Change Order #5, as shown on page _______, to
CC-1243-04.
23.
Change
Order #1, as shown on page _______, to CC-1262-05.
24.
First
Amendment, as shown on page _______, to IFB-3086-04.
25.
Work
Order #39, as shown on page _______, to PS-5120-02.
26.
Second
Amendment, as shown on page _______, to Work Order #6 to PS-372-98.
27.
Amendment
#1, as shown on page _______, to M-418-06.
28.
Work
Order #42, as shown on page _______, to CC-1262-05.
29.
Amendment
#4, as shown on page _______, to Work Order #15 to PS-586-01.
30.
Work
Orders #17 & #18, as shown on page _______, to RFP-4241-05.
31.
M-1259-06
Contract, as shown on page _______, Peninsula Engineering, Inc.
32.
Work
Order #28, as shown on page _______, to RFP-4214-04.
33.
Certificate,
as shown on page _______, of Final Completion for CC-1262-05, W.O. #3.
34.
Work
Orders #43, #44, #45, and #46, as shown on page _______, to CC-1262-05.
35.
Work
Order #8, as shown on page _______, to PS-5190-05.
36.
M-1106-06
Contract, as shown on page _______, W.W. Gay Mechanical Contractors.
37.
Amendment
#3, as shown on page _______, to Work Order #12 to PS-372-97.
38.
Work
Order #11, as shown on page _______, to
CC-1267-05.
39.
Bid-600028-06
Agreement, as shown on page _______, D&D Tree Experts.
40.
Work
Order #4, as shown on page _______, to RFP-9778-06.
41.
Work
Orders #11, #12, #13 & #14, as shown on page _______, to CC-1198-02.
42.
M-1236-06
Contract, as shown on page _______, PBS&J.
43.
Amendment
#1, as shown on page _______, to Work Order #22 to PS-5120-02.
44.
Work
Order #40, as shown on page _______, to PS-5120-02.
45.
Work
Order #15, as shown on page _______, to RFP-4241-05.
46.
M-1201-06
Contract, as shown on page _______, PBS&J.
47.
M-1202-06
Contract, as shown on page _______, PBS&J.
48.
Second
Amendment, as shown on page _______, to PS-594-01.
49.
Amendment
#1, as shown on page _______, to Work Order #5 to PS-0381-06.
50.
Work
Order #4, as shown on page _______, to PS-0381-06.
51.
Maintenance
Agreement, as shown on page _______, in the amount of $55,965 for the project
known as Summerfield.
52.
Change
Order #1, as shown on page _______, to CC-0348-06.
53.
Work
Order #6, as shown on page _______, to PS-5113-02.
54.
Satisfactions,
as shown on page _______, of Connection Fees for the projects known as
Boardwalk Pizza and Retail and Midway Commerce Center Lots 11 & 12.
55.
Conditional
Utility Agreements, as shown on page _______, for Potable & Reclaimed Water
and Sewer Services with Nicholson USA Properties, Inc.; Galaxy Plus and
Northpointe Officenter LLC.
56.
Satisfactions,
as shown on page _______, of Connection fees for the projects known as
Lakehurst Ph. 1; The Rock of Central Florida; Winter Mile Industrial Park;
Lakeview @ Heathrow; Off Broadway Lot 1-Earth Care; Walden Chase; The Complete
Soccer Academy; and Regency Estates Ph. 2.
57.
Conditional
Utility Agreements, as shown on page _______, for water and sewer service with
RCSH Operations, LLC, for the project known as Ruth’s Chris Steakhouse.
58.
Bids as
follows: CC-1123-06; IFB-600055-06;
RFP-1213-06; RFP-600068-06; CC-1143-06; RFQ-600071-06; BD-1137-06; and
CC-1114-06.
Dave Medley, Community Services Manager,
addressed the Board to present request for approval of Resolution to enact the
Communities for a Lifetime initiative and authorize the Community Services
Department to develop, organize and support an independent Task Force on Aging
to create an inventory of services and opportunities and report findings to the
Board.
Mr. Medley distributed copies of the Task
Force on Aging Scope of Work and Time Line (copy received and filed).
Chairman Henley expressed thanks to Mr.
Medley for bringing this forward as quickly as he did.
Commissioner Dallari advised he has been
speaking to Cindy Philips, and they are trying to see if he can get additional
funding from the State. He will report
back to the Board on that.
Commissioner Morris said he wants to make
sure the task force has some structure with some rules and procedures.
Mr. Medley explained this is the first
step. The Task Force is to get things
ready for the potential establishment of a full-fledge advisory committee under
the direction of the BCC.
Chairman Henley said he thinks after they
get Board action, staff will be able to refine and lay out the specifics for
each group and what the Board expects to be accomplished by them.
Commissioner Dallari said he would like to
see a different time line and what the Board can expect.
Chairman Henley said Mr. Medley may also
want to approach Leadership Seminole as there might be some who will be
interested in working with him regarding this effort.
Mr. Medley stated he will report back to
the Board more frequently than just the final report. He said staff can come back at any point and
update the Board on the action plan and steps that need to be taken with the
action plan. He added that he hopes to
come back to the Board by the end of this calendar year.
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to adopt appropriate
Resolution #2006-R-203, as shown on page _______, to enact the Communities for
a Lifetime initiative and authorize the Community Services Department to
develop, organize and support an independent Task Force on Aging to create an
inventory of services and opportunities; and to report findings to the
Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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David
Gregory, Solid Waste Management, addressed the Board to present request to schedule
and advertise a public hearing to amend Chapter 235 of the Seminole County Code
to require firms applying for a Certificate of Public Convenience and Necessity
(COPCN) to collect waste to provide proof of insurance at County required
levels.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to authorize
scheduling and advertising a public
hearing to amend Chapter 235 of the Seminole County Code to require firms
applying for a Certificate of Public Convenience and Necessity (COPCN) to
collect waste to provide proof of insurance at County required levels.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Henley recessed the meeting at
10:26 a.m. and reconvened it at 10:36 a.m.
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John Cirello, Environmental Services
Director, addressed the Board to request adoption of the recommended initial
Water, Sewer and Reclaimed Water Utility Rates with implementation on bills
rendered as of January 1, 2007; adoption of annual rate indexing strategy to be
effective each January 1. Indexing would
apply to Water, Sewer and Reclaimed Water charges as well as Water and Sewer
Connection Fees; and adoption of Water, Sewer and Reclaimed Water upset rate
limit applying to adjustments necessary during the 2008 through 2011 fiscal
years, granting authority to implement to the
Bob Briggs, Environmental Services,
addressed the Board to continue the presentation, covering the Financing and
Rates.
Commissioner Morris asked if Ms. Coto would
annually report on the rate increases or would that go in the budget for
approval. Ms. Coto stated she would
annually report it as part of the budget process and the rates won’t go into
place until the budget is approved.
Commissioner Van Der Weide referred to the
Monthly Bill Comparison chart and said it is impressive for the taxpayers that
Commissioner Morris complemented Mr.
Cirello and staff on the excellent work in laying this out and laying out the
needs. He said they have tackled the
core infrastructure issues, but are not tackling the reuse issue as much as he
would prefer.
Chairman Henley said he thinks they also
need to consider partnering with some of the other municipalities to provide
reclaim into the County areas.
Commissioner Carey said she thinks those
discussions are going on with the cities, the County and the Water Resource Committee. She thinks what is important that is now
being done is the requirement for these subdivisions to dry line for the future
in anticipation that reuse would become available. The other thing is that the second bond issue
could potentially go down and that is the top side of it.
Upon inquiry by Chairman Henley, Mr.
Cirello said he expects the majority of this to get done, at least 90 to 95%,
in the five years.
Chairman Henley said he hopes they expedite
getting it properly done.
Commissioner Dallari said expediting this
project is crucial. He said he is
concerned with the procurement process and streamlining that.
Whereupon, Mr. Cirello stated he has met
with the procurement staff and they are aware.
Commissioner Dallari said he wants to make
sure they expedite this as soon as possible, as well as the procedural update
book on the progress so the Board and staff can review it.
Ms. Coto stated she has had a number of
discussions with Mr. Hooper, Ms. Spriggs and Janet Davis in looking at a
complete restructuring to address this and with that, she does not anticipate
any problem with procurement.
Upon inquiry by Commissioner Van Der Weide
about the dry lines, Mr. Cirello said they are looking at 20 to 30 years as the
life expectancy of the materials.
Commissioner Carey said the line could be charged
with potable water and at the time reclaim becomes available, they could be
switched out.
Mr. Cirello said there are 73 major
projects for the funds to build, and some of these are ready to go out in the
near future.
Upon inquiry by Commissioner Morris, Mr.
Cirello said they will be looking at going into the
Mr. Briggs reviewed the final topic on
Inflationary Comparisons, 1996 to 2006.
Motion
by Commissioner Morris, seconded by Commissioner Dallari, to adopt the
recommended initial water, sewer and reclaimed water utility rates with
implementation on bills rendered as of January 1, 2007; adopt annual rate
indexing strategy to be effective each January 1, as clarified through the
budget process; and adopt water, sewer, and reclaimed water upset rate limit
applying to adjustments necessary during the 2008 through 2011 fiscal years, granting
authority to implement to the County Manager, as clarified.
Under discussion, Chairman Henley said he
personally was not in favor of transferring authority for implementation to the
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Morris, seconded by Commissioner Carey, to adopt Water and Sewer
System Reimbursement Resolution #2006-R-204, as shown on page _______, allowing
reimbursement of certain costs related to the acquisition and construction of
various capital improvements to the County’s water and sewer system from the future
issuance of tax-exempt debt.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Suzy Goldman, Director of Library &
Leisure Services, addressed the Board to request approval of a phased boat ramp
improvement program funded by Florida Boating Improvement Fund revenue
supplemented by the General Fund. Ms.
Goldman said she is requesting approval of the ranking as well as the funding
plan.
Chairman Henley asked if Ms. Goldman is
asking the Board to commit for $347,820.
She said that amount would be considered on a year-to-year basis. Staff will come forward on an annual basis
and ask for a subsidy. Whereupon,
Chairman Henley stated he understands the Board will set the priorities and
then handle the cost annually.
Ms. Goldman explained the $347,820 does not
include operating costs and they can look at $20,000 to $25,000 at the most for
that. She said staff did not discuss
maintenance of the water systems, but she thinks that should not exceed $30,000
per year for each site. She explained to
Chairman Henley that the table showing costs for restroom construction and
other improvements includes irrigation.
Commissioner Carey said one concern is the
number of parking spaces that will be lost to put in the restrooms and,
secondly, that the operation maintenance costs have not been rolled into the
cost. She said she is not sure they need
to landscape the restrooms. She said she
thinks the Board needs to know what all this is going to cost.
Ms. Goldman advised the cost given is based
upon the engineering study so it includes wells to the sites instead of running
potable water.
Commissioner Morris said he thinks potable
water is the appropriate thing.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Morris, to approve the
phased boat ramp improvement program funded by Florida Boating Improvement Fund
revenue supplemented by the General Fund, with the cautions about the
landscaping and also with the opportunity for the Board to review the program
annually.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Tina Williamson, Principal Coordinator, addressed
the Board to present the request for approval of the Final Site Plan and Developer’s Commitment Agreement
for the South Bank PCD, consisting of 0.83+/- acres located on the northwest
corner of the intersection of
Hugh Harling, Harling Locklin &
Associates, addressed the Board to state he concurs with the staff.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Carey, to approve the
Final Site Plan and Developer’s Commitment Agreement, as shown on page _______,
for the South Bank PCD, consisting of 0.83+/- acres located on the northwest
corner of the intersection of E. Lake Brantley Drive and SR 434, subject to
waivers as specified in the staff report recommendations; and authorize the
Chairman to execute the documents, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
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DCM Don Fisher addressed the Board to
present request for adoption of the Resolution placing on the November 7, 2006
ballot a Referendum to determine if voters would authorize the designation of
levy 2/10THS levy of one mill for a period of 10 years where a
minimum of 50% of said levy will be applied to the acquisition, operation, and
maintenance of environmentally sensitive lands and the remaining levy be
applied to the development, operation, and maintenance of trails/pedestrian
bridges. Mr. Fisher advised he had
clarified that the minimum 50% of the funds be dedicated towards natural lands
and that aquifer recharge properties be included. He pointed out the clarification pertaining
to the trails. He said acquiring trail
corridors is part of this resolution.
One thing different pertains to operation and maintenance. He said the staff came to the conclusion that
if they set aside this new proposal for dedicated millage, the County is
obligated for both the existing natural lands and trails program. They would be looking at $700,000 annually to
maintain them. The additional would be
$250,000. With the trails program, that
would be $1.1 million annually. That
would be $400,000 per yea for the additional.
Mr. Fisher said if the Board decides not to include operation and
maintenance, that can be removed from the resolution.
Commissioner Morris stated the real issue
is they are not doing debt issuance and are paying to leverage the money. He said maintenance money can’t be
leveraged. He said he would support
moving maintenance services from the resolution.
Commissioner Dallari agreed with
Commissioner Morris, stating this is for natural lands and not for
maintenance.
Commissioner Carey said she concurs with
that also. She said Mr. Fisher needs to
clarify the language that this would be for acquisition on the trails side,
because to the consumer, it is not clear that the Board is acquiring additional
corridors for additional trails. This is
on the referendum language itself.
Whereupon, Chairman Henley directed Mr.
Fisher to strike the words, “operation” and “maintenance” from the resolution.
Commissioner Carey said she thinks they
should allow staff to work on the language and come back this afternoon to make
it clear. She said she had some other
language changes for Mr. Fisher to clarify.
Chairman Henley stated the Board will defer
this item for action later this afternoon to allow staff time to work on the
ballot language.
Commissioner Dallari stated he would like
to see the 50% moved to 60% minimum purchase for natural lands.
Commissioner Morris said they have two
issues. They don’t know what lands would
become available. He said “not less
than” is a more clear term than “minimum.”
The other thing is they don’t know in terms of private and public
partners to the extent where they want to go.
Commissioner Morris suggested additional
wording to define trails as recreational trails.
Commissioner Carey said she thinks they
have the most flexibility with the wording, “minimum,” or “not less than 50%.”
Commissioner Van Der Weide stated he did
not see in the language that recharge areas should be included. Mr. Fisher stated there is nothing included
in the current ordinance that currently prohibits high aquifer recharge
lands. Staff has added “whereas” clauses
that could be used for that purpose.
Commissioner Dallari asked about the public
information plan. He stated he would
like to see how the Soil and Water Conservation Board can work with the County.
Mr. Fisher stated staff is developing that
program. He said staff has been talking
to the Soil and Water Conservation Board and they have indicated a willingness
to assist with the information program.
They know there will be other groups to be brought to the staff’s
attention.
Commissioner Dallari added the Sierra Club
also.
Commissioner Carey asked if the Board
thought there is merit in having one board rather than two. Chairman Henley asked her to defer that
discussion until later.
There were no objections by the Board to deferring action for the language to
be rewritten.
Gary
Johnson, Director of Public Works, addressed the Board to give a presentation
on the Lake Management Program, which is included in the proposed FY 2006/07
budget. He said $600,000 would be
included in the budget and staff expects to recover about $200,000.
Commissioner Van Der Weide left the meeting
at this time.
Commissioner Carey said she thinks having a
program like this would encourage the citizens living on those lakes to help
participate in the process, because they have to deal with the issue
regardless. She thinks this is an
important program.
Commissioner Dallari affirmed with Mr.
Johnson that the municipalities understand that if they don’t participate, they
won’t be receiving credit.
Commissioner Morris said there has been
remarkable cooperation with the municipalities on this.
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Commissioner Van Der Weide re-entered the
meeting at this time.
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Ms. Goldman introduced PBS&J
Consultants, John Hornbeck, Abram Horn and David Larsen for presentation of the
estimated costs and schedules for the development of the Jetta Point property and
the redevelopment of
Commissioner Dallari asked what is the
status with the city of
Avra, Horne, representative for PBS&J,
addressed the Board to state she made two applications with
Ms. Goldman noted it would be four
additional months if they have to take forward the Comp Plan amendment.
Ms. Coto advised she did discuss the site
plan submitted by the County with the City Manager McLemore about seven to ten
days. Some of the concerns expressed
relate to the multi-purpose fields on the north side of the site adjacent to
the 17 property owners. They are looking
for some reconfiguration for more distance between those fields. Property owners to the west were concerned
about the fields being lit. The City
would like to have the other area mentioned with the destination playground on
the north part relocated so it is adjacent to the residential area versus the
northeast portion of the site.
Commissioner Morris said he thinks the land
now is probably worth $10 million to $12 million. This is a $20 million gift to the Winter
Springs community. His understanding is
they would like to do some type of interlocal agreement on what they would
consider mitigation of certain aspects of the park. He said he thinks this a great plan. The Board and staff have worked hard on it. Also, the land use issue can be easily
reconciled according to Mr. Fisher. He
said the proposal by the City doesn’t make sense. There are 17 or 18 items to be changed. He said the County tried to work very closely
with the City and asked the City to work with them on this. He said he doesn’t understand about doing an
interlocal agreement. He said if they
can’t reach agreement, then he recommends not going forward with the project
and sell the land and go somewhere where they are wanted.
Chairman Henley concurred. He said the changes the City is requesting
would almost render the project worthless.
He said he asked the
Commissioner Carey stated if this was a
commercial development, it would have lights more imposing on the
residents. She thinks Post Buckley made
some great strides in the plan. She
agrees with everything that has been said today. She said this would be a very popular piece
of commercial property on State Road 417.
She would like to see the Board move forward or take it off the table,
especially since the budget has doubled.
Commissioner Van Der Weide stated if the
County can convince the City, what they should be doing is getting a special
use permit. He thinks they have come up
with a design that is super. He hopes
they don’t get into issues with the city of
Upon inquiry by Commissioner Dallari, Ms.
Coto stated she is not aware of any issues from
Commissioner Carey stated they are tying up
two parks and that is unfair to the community.
She said the whole plan for Soldiers Creek would change.
Chairman Henley stated the program would go
on as it is now until they could do more.
Commissioner Morris inquired about delaying
the presentation to the city of
Chairman Henley said maybe they need to
call a joint meeting of the City Commission and have staff make a direct
presentation. He said he would prefer
that. Discussion ensued.
Mr. Fisher explained the hearing process in
Winter Springs. He said he is trying to
get the City Commission to modify their Land Development Code that says a
recreational park is allowed in a commercial use. They could change that in four to six
weeks. Staff is waiting to hear back
from their counsel. He advised
Commissioner Morris that, knowing where they are today, he thinks a
presentation with the City officials would be beneficial to show them that adding
public recreation to their code would be a good idea.
Commissioner Morris said he would be happy
to attend any such meeting with the appropriate consultants.
Commissioner Carey said, hopefully, they
can get on the Winter Springs agenda for their next meeting.
Ms. Coto said if staff is successful, they
will be able to bring back to the BCC some indication of how they will move
forward.
Mr.
McMillan reported he and Mr. Fisher were to talk to Mr. Garganese (Winter
Springs City Attorney) yesterday. He
doesn’t know what happened at the City Commission meeting last night, but he
and Mr. Fisher will continue to try to have their meeting with Mr. Garganese
and hopefully get some agreement on how to proceed.
Chairman
Henley said the BCC will make the effort to get on the City’s agenda.
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Chairman
Henley said the Board would defer action on Item #17 until later; however, Ms.
Goldman advised the deadline is Friday for submission of the grants.
Therefore,
Ms. Coto said considering the deadline, she would want to go forward with the
grants.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve submission of two grant applications to the
Florida Recreational Development Assistance Program (FRDAP) for the development
of Jetta Point and
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Morris, seconded by Commissioner Van Der Weide, to approve authorization
to proceed with the procurement process for the Civil Courthouse Renovation
Project. Under discussion, Commissioner Carey stated one of the issues is
about changing the security vestibules by expanding them to the outside. She said she doesn’t know how much structural
change the Board wants to make to this building and she asked is that a
function they can now take care of.
Scott Worley, Administrative Services,
addressed the Board to state $68,000 is the cost for expanding the vestibules,
and that is an option. He said that
doesn’t have to be done.
Upon inquiry by Commissioner Morris, Ms.
Coto advised this action includes demolition of the Courthouse Annex.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Carey, seconded by Commissioner Dallari, to schedule and
advertise Public Hearings to consider amendments to the Seminole County Land
Development Code, Chapter 10 – Concurrency Management for adoption of the Proportionate
Share Ordinance.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan stated he had some “tweaks” on
the Charter amendment regarding Clerk duties for the Board to review this
afternoon. He distributed copies
(received and filed) of same to the Board.
Mr. McMillan introduced to the BCC his new
office staff member, Deputy County Attorney Guy Minter, returning to the office
after 22 years.
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Chairman Henley recessed the meeting at 12:05
p.m., reconvening at 1:32 p.m, with all Commissioners (with Commissioner Morris
entering late) and all other Officials, with the exception of Deputy Clerk
Carylon Cohen, who was replaced by Deputy Clerk Sandy McCann, who were present
at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize
the filing of the proofs of publication for this meeting’s scheduled public
hearings into the Official Record.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Morris entered the meeting at
this time.
APPEAL
AGAINST BOA,
Continuation of a public hearing to
consider an Appeal of the Board of Adjustment’s decision to approve a rear yard
setback variance from 30 feet to 10 feet for an existing carport in the R-1AAA
(Single Family Dwelling District) located at
Planner, Ian Sikonia, addressed the Board
to present the appeal, advising the BOA voted to approve the request because
the location of the carport was less intrusive to the neighborhood than it
would have been if it was placed within the required setbacks of a detached
accessory structure. He further advised
staff recommended denial of the request because it did not meet the six
criteria required for determination of a hardship; and staff is further
recommending that the BCC reverse the BOA based on staff’s findings.
Mark Troum,
Chairman Henley clarified that the BCC does
not enforce homeowners’ association deed restrictions or rules.
Steven Walesch addressed the Board to speak
in opposition to the variance.
No one else spoke in support or in
opposition.
Speaker Request Forms were received &
filed.
District Commissioner Henley recommended
reversing the BOA based on staff’s findings and that the variance does not meet
the required criteria.
Motion
by Commissioner Morris, seconded by Commissioner Carey to reverse the Board of
Adjustment’s decision in approving a rear yard setback variance, thereby
denying the variance from 30 feet to 10 feet for an existing carport in the
R-1AAA (Single Family Dwelling District) located at 1888 Derbyshire Road, as
described in the proof of publication, Wellington Terrace Homeowners
Association; Decision on Appeal, as shown on page ______.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page
_______, calling for a public hearing to consider the Fourth Amended and
Restated Development Order for the Lake Forest Development of Regional Impact,
which consists of 540.3 acres located on the north side of SR 46, west of I-4,
Orlando Lake Forest Joint Venture/NTS Development Company, received and
filed.
Principal Planner, Tony Matthews, addressed
the Board to present the request, advising the DRI allows for 1,016 housing
units; 200,000 square feet of retail space; clubhouse; recreation/open space;
conservation area; and a 52.12 acre lake system for storm water
management. He outlined the proposed
changes to the DRI as listed in the staff report. He further advised the staff recommends
approval of the Fourth Amended and Restated D.O. and that the Notice of
Proposed Change does not constitute a substantial deviation to the Lake Forest
DRI.
Attorney Randi Fitzgerald, representing the
applicant, addressed the Board to briefly request approval of the
amendment.
No one else spoke in support or in
opposition.
Motion
by Commissioner Carey, seconded by Commissioner Dallari to approve and
authorize the Chairman to execute the Fourth Amended and Restated Development
Order for the Lake Forest Development of Regional Impact, as shown on page
_______; and determine that the Notice of Proposed Change does not constitute a
substantial deviation to the Lake Forest DRI, located on the north side of SR
46, west of I-4, as described in the proof of publication, Orlando Lake Forest
Joint Venture/NTS Development Co.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST
TO REZONE FROM R-1AA TO
RP,
ROB WASSUM
Proof of publication, as shown on page
_______, calling for a public hearing to consider a request to rezone 0.275
acres located on the southwest corner of Faith Terrace and
Principal Coordinator, Tina Williamson,
addressed the Board to present the request, advising staff recommends approval
of the rezoning subject to the site plan and development order.
Lori Booker,
No one else spoke in support or in
opposition.
Speaker Request Form was received and
filed.
District Commissioner Henley recommended
approval of the rezoning.
Motion
by Commissioner Morris, seconded by Commissioner Carey to adopt Ordinance
#2006-59, as shown on page _______, granting rezoning from R-1AA (Single
Family) to RP (Residential Professional) for 0.275 acres, located on the
southwest corner of Faith Terrace and Maitland Avenue, as described in the
proof of publication, subject to the site plan and Development Order, as shown
on page _______, and based on staff findings, Rob Wassum.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST
FOR NW OREGON PUD MAJOR
AMENDMENT,
CRF-SANFORD, LLC
Proof of publication, as shown on page
_______, calling for a public hearing to consider the Third Revised and
Restated Developer’s Commitment Agreement and Revised Final Master Plan for
72.90 acres located on the northwest corner of the intersection of SR 46 and N.
Oregon Street, known as the NW Oregon PUD, CRF-Sanford, LLC, received and
filed.
Principal Coordinator, Tina Williamson,
presented the request, advising under the amendment, the applicant is
requesting that the auto dealership be eliminated and Lot 1A be divided into
three lots with a total of 58,000 square feet of building area and a maximum
single building area of 26,000 square feet broken out as follows: Lot 1A – 38,000 square feet (maximum single
building area of 26,000 square feet); Outparcel 1A – 10,000 square feet; and
Outparcel 1B – 10,000 square feet. She
further advised the staff recommends approval of the amendment subject to the
Third Revised and Restated Developer’s Commitment Agreement.
Laura Newman, representing the developer,
addressed the Board to display a proposed site plan (not received & filed)
and to review same. She stated that
there has been some communication with Pulte Homes, the adjacent property
developer, and they have been working with them on their concerns. She advised Pulte Homes’ concerns were as
follows: (1) Lighting (they have agreed
to put the shoebox lighting restriction back into the D.O.); (2) Sound
amplification system (they have agreed to put the sound system restriction back
into the D.O.); and (3) Setbacks (they are willing to go with a 50-foot setback
on Lot 1A – but due to the size of the outparcels, the 50-foot setback would
make them difficult to develop and they would not agree to that setback on
those).
Cathleen Consoli, representing Pulte Home
Corp., addressed the Board to discuss their concerns as outlined by Ms.
Newman. She stated they are hoping to
maintain the 50-foot setbacks from the neighborhood to the north.
No one else spoke in support or in
opposition.
Speaker Request Form was received and
filed.
District Commissioner Carey discussed with
Ms. Williamson the setback requirements for commercial versus residential
properties.
Motion
by Commissioner Carey, seconded by Commissioner Morris to approve the NW Oregon
PUD Major Amendment (Westwood Village) for property consisting of 72.90 acres
located on the northwest corner of the intersection of SR 46 and N. Oregon
Street, as described in the proof of publication, CRF-Sanford, LLC; authorize
the Chairman to execute the Third Revised and Restated NW Oregon PUD Final
Master Plan Developer’s Commitment Agreement, as shown on page _______; and
adopt Ordinance #2006-65, as shown on page _______, rezoning subject property
from PUD to PUD; subject to the following: (1) lighting and outdoor
amplification system restrictions being put back into the Developers Commitment
Agreement; (2) Cross Access Agreement be provided for Lot 1A; (3) Setback on
Lot 1A be 50 feet and setback on Outparcel 1A be 25 feet.
Districts 1, 2, 3, 4 and 5 voted AYE.
REQUEST
FOR WEKIVA PUD MAJOR
AMENDMENT,
BRIAN DAVIS
Proof of publication, as shown on page
_______, calling for a public hearing to consider the Wekiva PUD Final Master
Plan and Developer’s Commitment Agreement for property consisting of 4.96 acres
located at
Principal Coordinator, Tina Williamson,
presented the request, advising the amendment is to allow 4.96 acres of the
golf course to become a new tract (Tract Z) and be converted from open space to
48 fee-simple townhouse units, at a density of 12.3 dwelling units per net
buildable acre. She stated that when the
original PUD was approved (1976), 255.5 acres (25%) were required to be useable
open space and at this time, there are 260.5 acres of common useable open space
within the PUD. Currently, the PUD is
approved for 3,137 dwelling units. Of
the 3,137 units, 1,669 are approved in the Medium Density Residential category
with densities ranging from 5 to 12 dwelling units per gross acre. 1,468 are approved in the Low Density
Residential category with densities ranging from 2.6 to 3 dwelling units per
gross acre. As the PUD developed, some
of the tracts approved for Medium Density Residential actually developed as Low
Density Residential. A total of 2,519
dwelling units have been built in the PUD; 2,016 as Low Density Residential and
503 as Medium Density Residential. Therefore,
the requested 48 townhome units do not require any increases to the approved
entitlements for PUD, because there are 618 units that remain unbuilt out of
the 3,137 that were initially approved.
The amendment does require that that acreage approved for Medium Density
Residential be increased from 184.45 acres to 189.41 acres.
Ms. Williamson advised staff recommends
approval of the major amendment, subject to the conditions in Addendum #15 to
the Wekiva PUD Developers Commitment Agreement and the final master plan. She reviewed the Planning & Zoning
Commission recommendations as listed in the staff report.
Brian Davis, representing the developer,
addressed the Board to state the staff has done a good job of presenting the
request. He displayed the Preliminary
Site Plan (copy received & filed) for the project, stating that they will
not be driving through the single-family residential homes to get to the
townhomes. He said that the site does
not abut any of the single-family homes and pointed out that those homes will
still have their view of the golf course.
He described the proposed townhomes, advising they will be two-story and
will be similar in size and scale as other multi-family homes in the PUD. He said they are not asking for an increase
in the number of units as presented by staff.
He advised that they have met with the area residents in neighborhood
meetings and there were four concerns voiced.
The first concern was of car lights pulling into the parking spaces; and
they have agreed to construct a substantial berm at a minimum of four to five
feet high with a large vegetative buffer for screening purposes. The second request was for screening around
the retention pond and they have agreed to put in canopy trees; and if the
County emergency services allow them to, they will block off that gate. He said they have agreed to cut off fixtures
for lighting so light will not spread into the existing single-family
neighborhood. He stated the last concern
was of the end units closest to the single-family homes; however, they are not
willing to move or delete those units because those will be the most marketable
units in the complex. He further said
they have agreed to mitigate the impact on schools at the time of final
plat. In closing, he stated they believe
the project is compatible with the rest of the Wekiva community. He displayed an artist’s rendering (not
received & filed) of what the project will look like.
Bob Dello Russo, President of the Wekiva
Golf Club, Inc., addressed the Board to advise they purchased the golf course
two years ago and have put a large amount of money into it to improve it. He said they also purchased the Deer Run Golf
Course when it was a run-downed course and improved it. He said the proposed project will not block
anyone’s view of the fairway; and he would request the Board approve the
amendment.
Ray Herod,
Sally Eadie,
Attorney Duke Woodson,
Teresa Peterson,
Gunner Smith,
Attorney Jane West, representing Peter
Eadie, addressed the Board to speak in opposition. She gave a PowerPoint presentation (copy
received & filed) outlining the negative impacts on the Wekiva Springs
quality and recharge capacity. She
discussed her concern with the
Jamie Bernardo, 179 Canterclub Trail,
addressed the Board to advise he is the closest house to the proposed
project. He displayed photographs
(received & filed) showing his house and his view of the golf course. He said there is only a treed buffer between
his home and the project and he is concerned about his family’s safety and the
noise. He questioned if the trees in
that buffer will be preserved. He said
he would like to have the end units (6) removed.
Mike Grier, area resident, addressed the
Board to express his concern that the new residents of the condos will use
Mr. Davis stated they believe this project
is very much a part of the
Jennifer Worth, representing the developer,
addressed the Board to advise the 25-year storm requirements have been taken
into account with their calculations.
She said taking the five acres out will not impact the ground water
recharge.
No one else spoke in support or in
opposition.
Speaker Request Forms were received and
filed.
E-mail correspondence regarding this issue
was received and filed.
District Commissioner Van Der Weide stated
this is a commercial venture within a PUD and that PUD was a negotiated zoning
passed by an earlier BCC in 1976. He
referred to a letter that Everett Huskey wrote stating that the Sweetwater,
Sabal and Wekiva subdivisions are all part of one community and anything that
adversely affects one of them, adversely affects all of them; and he said he
tends to agree with him. He advised that
he has met with the developer and the homeowners and the developer and
homeowners have been working together.
Motion
by Commissioner Van Der Weide to approve the Wekiva PUD Major Amendment on 4.95
acres located at 200 Hunt Club Boulevard, Addendum #15 to the Wekiva PUD
Developer’s Commitment Agreement and Final Master Plan, based on staff’s
findings, as described in the proof of publication, Brian Davis, with the
restriction that the number of building units will be limited to 34 fee-simple
lots with the flexibility to still work with the County and the community on
where the units will be constructed.
The Chairman called for a second to the
motion three times without response, whereupon, the motion died for the lack of a second.
Commissioner Carey stated the Board will be
seeing more and more of these types of the projects as the golf course
properties come forward.
Upon inquiry by Commissioner Carey, DCM Don
Fisher, addressed the Board to advise this item is consistent with how the Deer
Run PUD was handled.
Commissioner Morris stated he does not see
that the Board has any grounds to turn this request down.
Motion
by Commissioner Morris, seconded by Commissioner Carey to approve the PUD Major
Amendment for property consisting of 4.96 acres located at 200 Hunt Club
Boulevard, Addendum #15, as shown on page _______, to the Wekiva PUD
Developer’s Commitment Agreement and the Final Master Plan; adopt Ordinance
#2006-64, as shown on page _______, granting rezoning from PUD to PUD; and
authorize the Chairman to execute the aforementioned documents, based on staff
findings, as described in the proof of publication, Brian Davis.
Under discussion and upon inquiry by
Commissioner Carey, Commissioner Morris stated it is his intention to protect
the strand of trees located on the east and he believes that can be done with
the site plan. He added that maybe one
or two townhomes would have to be eliminated to save the trees and he will
accept that as part of the motion.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
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The Chairman recessed the meeting at 3:40
p.m., reconvening it at 3:50 p.m.
CONSIDERATION
OF CHARTER
AMENDMENT
RE: CLERK’S DUTIES
Proof of publication, as shown on page
_______, calling for a public hearing to consider a proposed ordinance
authorizing and directing the Supervisor of Elections to place on the ballot
for the November 7, 2006 General Election, a Charter Amendment providing that
the Clerk of Circuit Court shall not be the Clerk of the Board of County
Commissioners, auditor, recorder and custodian of all County funds and to
require the County to provide its own clerk, auditor, recorder and custodian of
all County funds, received and filed.
Copy of revised ordinance was received and
filed.
No one spoke in support or in
opposition.
Motion
by Commissioner Morris, seconded by Commissioner Carey to adopt Ordinance
#2006-60, as shown on page _______, authorizing and directing the Supervisor of
Elections to place on the November 7, 2006 General Election ballot a charter
amendment providing that the Clerk of Circuit Court shall not be the Clerk of
the Board of County Commissioners, auditor, recorder and custodian of all
County funds and to require the County to provide its own clerk, auditor,
recorder and custodian of all County funds.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
CONSIDERATION
OF CHARTER AMENDMENT,
RE:
FINANCIAL IMPACT STATEMENT
Proof of publication, as shown on page
_______, calling for a public hearing to consider an ordinance authorizing and
directing the Supervisor of Elections to place on the November 7, 2006 General
Election ballot a Charter Amendment requiring financial impact statements as a
prerequisite to placing charter amendments on the ballot, received and
filed.
No one spoke in support or in
opposition.
Motion
by Commissioner Carey, seconded by Commissioner Morris to adopt Ordinance
#2006-61, as shown on page ________, authorizing and directing the Supervisor
of Elections to place on the November 7, 2006 General Election ballot a Charter
Amendment requiring financial impact statements as a prerequisite to placing
charter amendments on the ballot.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION
OF CHARTER AMENDMENT,
RE: FREQUENCY OF CRC APPOINTMENTS
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Ordinance authorizing and
directing the Supervisor of Elections to place on the November 7, 2006 General
Election a Charter Amendment changing the appointment of the Charter Review
Commission to be every ten years instead of every six years, received and filed.
No one spoke in support or in
opposition.
Motion
by Commissioner Morris, seconded by Commissioner Carey to adopt Ordinance
#2006-62, as shown on page _______, authorizing and directing the Supervisor of
Elections to place on the November 7, 2006 General Election a Charter Amendment
changing the appointment of the Charter Review Commission to be every ten years
instead of every six years.
Districts 1, 2, 3, 4 and 5 voted AYE.
APPEAL
AGAINST THE BOA,
BEATRICE
MYERS
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Appeal against the Board
of Adjustment’s decision to deny a side street (north) setback from 20 feet to
9 feet for a proposed fence in the Wekiva Hunt Club PUD, Beatrice Myers,
received and filed.
Planner, Ian Sikonia, presented the appeal,
advising the BOA denied the request based on a determination that the fence, in
that location, would take away from the openness and would detract from the
neighborhood. He further advised that
staff recommends the BCC uphold the BOA decision and deny the side street
setback.
District Commissioner Van Der Weide advised
the homeowner’s association signed off on this request. He said this subdivision has sidewalks in the
back of the homes instead of the front.
He added that he is not opposed to the request as long as the
homeowner’s association doesn’t object to it.
Francine Lawler, representing her mother
(Beatrice Myers), addressed the Board to explain she is asking for the fence so
that she can give her children a safe place to play. She displayed photos (received & filed)
and stated that in extending the fence, no trees will be affected.
No one else spoke in support or in opposition.
Copy of Speaker Request Form and Written
Comment Form was received and filed.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari to reverse the
Board of Adjustment’s decision; thereby, approving a side street (north) setback
from 20 feet to 9 feet for a proposed fence in the Wekiva Hunt Club PUD, as
described in the proof of publication, Beatrice Myers; Decision on Appeal, as
shown on page _______.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSIDERATION
OF AN ORDINANCE,
RE: $3.00 COURT COST/
Proof of publication, as shown on page
_______, calling for a public hearing to consider an Ordinance to adopt a $3.00
court cost to support
Lin Polk, Fiscal Services, addressed the
Board to briefly present the proposed ordinance.
No one spoke in support or in
opposition.
Motion
by Commissioner Dallari, seconded by Commissioner Carey to adopt Ordinance
#2006-63, as shown on page _______, adopting a $3.00 court cost to support Teen
Court and to increase the civil traffic penalty from $3.00 to $5.00 for
Driver’s Education Programs, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari requested an update on
the Memorial at Five Points. Whereupon,
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Commissioner Dallari requested staff to
review the Homeland Security/Fire Hydrant Security Devices/Anti Terrorism
Valves by Davidson Hydrant Technologies.
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Commissioner Morris stated he would like to
extend the time period for the JGI.
Motion
by Commissioner Morris, seconded by Commissioner Dallari to direct staff to
bring back an ordinance extending the renewal time for the Jobs Growth
Incentive Program to three years.
Under discussion, Mr. McMillan advised the
Board can take the sunset provision totally out of the ordinance.
Chairman Henley requested staff bring back
a proposal to the Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Van Der Weide advised it
appears the private sector has totally funded the
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Commissioner Van Der Weide advised he has
been working with the private business sector on the homeowners’ insurance
crisis; and there will be a meeting at the Rolling Hills Country Club on
September 13, 2006 regarding same.
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Commissioner Carey announced that she will
be attending the St. Johns River Alliance quarterly meeting in DeBary on
September 15.
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Commissioner Carey advised that the
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Commissioner Carey stated she will be
attending the Florida Association of Counties meeting on September 26, 2006;
and asked that any legislative issue be given to her before that meeting.
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Commissioner Carey advised that on October
4, 2006 the County will be hosting the CALNO meeting and she encouraged all
Commissioners to attend.
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Commissioner Carey announced that she and
Sheriff Don Eslinger will be hosting
Commissioner Morris suggested advertising
the luncheon on SGTV.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were “received and filed”:
1. Notice
of public hearing to consider an appeal of a denial of conditional use for the
City of
2. Letter
dated
3. Letter
dated
4. Letter
dated
5. Notice
of public hearing to consider rezones for the City of
6. Letter
dated
7. Letter
dated
8. Letter
dated
9. Copy
of letter dated
10. Copy of letter dated
11. Copy
of memorandum dated
12. Notice and agenda for the
13. Copy of letter dated
14. Contract for services, as shown on page
_______, between Seminole Co. Government and the following: David Mease, Jr. (Statistician), Peter
Velasquez (Umpire Coordinator), Jerry Stewart (ASA tournament representative),
and Walt Stack (Tournament Umpire-in-Chief).
15. Letter dated 8/23/06 to Sheriff Don Eslinger,
Chairperson Jeanne Morris (Seminole Co. School Board), Chairman Carlton Henley
(BCC), and Mayor John Maingot (City of
16. Copy of memorandum dated
17. Copy of letter dated
18. Copy of letter dated
19. Copy of letter dated
20. Notice of public hearing for variance in the
City of
21. Memorandum dated
22. Copy of letter dated
23. Notice of public hearing to annex, rezone and
change the future land use in the City of
24. Letter dated
25. Copy of letter dated
26. Copy of letter dated
27. Copy of letter dated
28. Copy of letter dated
29. Copy of identical letters dated
30. Copy of identical letters dated
31. Copy of letter dated
32. Letter dated
33. Letter dated
34. Copy of letter dated
35. Copy of letter dated
36. Copy of letter dated
37. Copy of letters dated
DCM, Don Fisher, advised he has updated the
resolution (per this morning’s discussion) regarding the
Motion
by Commissioner Carey, seconded by Commissioner Dallari to adopt appropriate
Resolution #2006-R-205, as shown on page ________, placing on the November 7,
2006 ballot a referendum to determine if the voters would authorize an
additional ad valorem tax of two tenths (0.2) of one mill on all taxable
property in Seminole County for a period of 10 years to fund the acquisition of
water resource and environmentally sensitive land for conservation and public
use, and fund the acquisition and development of recreational trail
corridors/pedestrian bridge.
Districts 1, 2, 3, 4 and 5 voted AYE.
-
- -
Motion
by Commissioner Dallari, seconded by Carey to adopt appropriate Budget
Amendment Resolution #2006-R-207, as shown on page _______, in the amount of
$100,000 for the information program to educate taxpayers on the
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Coto advised the Tax Collector, Ray
Valdes, has asked that under the provision of Florida Statute 197.323, the BCC
extend the 2006 tax roll.
Motion
by Commissioner Morris, seconded by Commissioner Carey to authorize the 2006
tax roll be extended until the completion of the Value Adjustment Board
hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Coto advised on August 31 and September
1, Acting County Manager, Don Fisher, took emergency action with respect to the
lease on Station #23. She requested the
BCC affirm those actions.
Motion
by Commissioner Dallari, seconded by Commissioner Carey to affirm the emergency
actions taken by Acting County Manager, Don Fisher, with regard to Fire Station
#23.
Districts 1, 2, 3, 4 and 5 voted AYE.
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There being no further business to come
before the Board, the Chairman adjourned the meeting at 4:40 p.m., this same
date.
ATTEST:_______________________Clerk____________________Chairman
slm/cc