BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 14, 2004
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, September 14, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Father Charles Holt, St. Peter’s Episcopal Church.
Chairman Daryl McLain led the Pledge of Allegiance.
The Chairman recessed the meeting at 9:35 a.m. in order to convene the meeting of the U.S. Highway 17-92 Community Redevelopment Agency; and reconvened the BCC meeting at 9:42 a.m. this same date.
County Manager, Kevin Grace, advised he is pulling Item #16, Road Grade Crossing Easement Agreement with CSX, and will bring it back for consideration at this afternoon’s meeting.
Commissioner Maloy stated that with regard to Item #7, RFP-4127-01/BJC, Emergency Debris Management, he is receiving some complaints that there are areas in the County that have not had
the first pick-up of debris where other areas have had pick-ups twice.
Mr. Grace stated Solid Waste Manager David Gregory will be addressing this during today’s hurricane briefing.
Upon inquiry by Commissioner Morris, Mr. Grace advised he will try to provide to the Board, at their next meeting, a schedule of where the funding will come from to pay for the emergency debris pick-up.
Upon further inquiry by Commissioner Morris, Solid Waste Manager, David Gregory, addressed the Board to explain the contract with Grubbs Emergency Services includes three elements: pick-up of debris and transport to a temporary site; processing (chipping, grinding & burning) the debris; and transport from the temporary site to the landfill. The cost is $15/cubic yard for pickup; $5/cubic yard for processing; and $5/cubic yard for transport.
Commissioner Morris stated he would like to see a cost comparison of what other entities are paying. He commended the staff for the staging process they have in place.
Commissioner Henley stated he would like to pull Item #17, Special Event Permit for the Central Florida Zoo, for a separate vote. He stated he objects to the selling of alcoholic beverages at the fund raising event, which is being held on government property.
Mr. Grace advised the Zoo is a leased property and the sale of alcoholic beverages is allowed per the lease.
Commissioner Maloy stated he would like to note for the Record his objection to Item #19, Joint Participation Agreement with FDOT for the Commuter Rail Environmental Study.
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:
2. Approve and authorize County Manager to execute three Street Lighting Agreements, as shown on page _______, between Seminole County and Progress Energy for the installation of street lights in the Elizabeth Avenue, Lake Harriett Estates, and Orange Blossom Business Center Street Lighting Municipal Service Benefit Units.
3. Accept and authorize Chairman to execute the Certificate of Final Completion, as shown on page _______, for CC-1125-00/BJC – Markham Woods/Douglas Avenue Realignment (Ryan Incorporated Eastern).
4. Increase the Board Approved Annual Expenditures on PS-586-01/BJC-Engineering Services Agreement for Solid Waste Management – Master Agreement, (Increase the Board Approved Not-to-Exceed (NTE) amount of Contract by $2,500,000.00).
5. Approve Amendment #1, as shown on page _______, to Work Order #72 – Engineering Services for Minor Roadway and MSBU Design – Richmond Avenue Drainage Improvements, PS-590-01/BJC, with Metric Engineering, Inc., Winter Park ($5,097.29).
6. Approve Amendment #3, as shown on page _______, to RFP-4188-03/BJC – Security Services for Seminole County, to Allied Protection Services, Inc., of Fort Myers ($38,896.00 per year).
7. Approve Amendment #1, as shown on page _______, to RFP-4127-01/BJC – Emergency Debris Management, with Grubbs Emergency Services, LLC of Brooksville, FL (Increase the Not-to-Exceed (NTE) amount of Contract by $30,000,000.00).
9. Approve and authorize Chairman to execute the 2nd Amendment, as shown on page _______, to the HOME CHDO (Community Housing Development Organization) Subrecipient Agreement with the Center for Affordable Housing, Inc. to purchase an additional four housing units to rehabilitate and use as transitional housing.
10. Adopt appropriate Resolution #2004-R-155, as shown on page _______, vacating and abandoning 1’ 4” of a 5’ Utility Easement at 2312 Roanoke Court, Lake Mary, Florida located on the north side of Lot 179, Remington Oaks At The Crossings (Erik C. and Lisa L. Torenviled).
11. Adopt appropriate Resolution #2004-R-156, as shown on page _______, vacating and abandoning the Utility Easements between Lots 16, 17 and 18, Orange Blossom Business Center, to combine the property into one building lot to accommodate the development of an approximate 11,000 square foot building (Reading Plumbing Systems, Inc.).
12. Approve Final Plat for Annebury Subdivision comprised of 27 single-family lots on 9.745 acres located on Dike Road zoned R1-A (Centex Homes).
13. Approve and authorize Chairman to execute the Final Plat for Regency Estates containing 77 single family residential lots on a 45.726 acre parcel zoned PUD within the Mikler Lake Planned Unit Development located at the northeast corner of Mikler Road and West Chapman Road (Rockwell Land & Development Corporation, Christian M. Swann).
14. Approve release of two Performance Bonds: (1) #B21846997 for $413,052.37 dated March 18, 2002 (Gulf Insurance Company) for Roads, Streets & Drainage; (2) #B21846996 for $151,276.51 dated March 18, 2004 (Gulf Insurance Company) for Water and Sewer.
15. Approve and authorize Chairman to execute the Minor Plat for a (3) lot subdivision on 16.55 acres zoned A-1 (Agriculture) and having a future land use of Low Density Residential (LDR) located south of S.R. 46, east of Orange Boulevard on the south side of Wayside Drive (James Campisi).
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve Special Event Permit for the Central Florida Zoo for Celebration Latina, a fundraising celebration of Latin Culture with music, dancing, alcohol sales, kid’s games and crafts at the Central Florida Zoo on November 13, 2004 from 10:00 a.m. to 3:00 p.m.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY, stating he does not believe the alcohol sales is a good practice.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the following:
22. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel ID Numbers 16-19-30-5AC-0000-00B1, 16-19-30-5AC-0000-00B5 and 16-19-30-5AC-0000-00C0, of the Elder Creek/C-15 (Ponds only) improvement project, located at 420 N. Elder Road, Sanford, Lewis M. and Carolyn R. Durak, in the amount of $1,319,800.00, inclusive of all attorney’s fees and costs incurred.
23. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel ID Numbers 16-19-30-5AC-0000-00E1 and 16-19-30-5AC-0000-00E2 of the Elder Creek/C-15 (Ponds) improvement project, located at 395 N. Elder Road, Sanford, Joseph F. and Rosemary M. Cepuran, in the amount of $843,678.00, inclusive of all attorney’s fees and expert costs incurred.
24. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 129 of the Lake Drive road improvement project, located at 2010 Lake Drive, Casselberry, James D. and Rose Hunter, in the amount of $60,000.00, with no fees, costs or expenses incurred.
25. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 128 of the Lake Drive road improvement project, located on the south side of Lake Drive one mile west of Tuskawilla Road, James D. and Rose Hunter, in the amount of $36,000.00, with no fees, costs or expenses incurred.
26. Approve and execute Purchase Agreement, as shown on page _______, relating to Parcel Number 105/705 and 106/706, of the Lake Drive road improvement project, located at 4811 East Lake Drive, Winter Springs, Oscar B. and Simone Stoughton, in the amount of $55,000.00, inclusive of fees, costs and expenses incurred.
27. Authorize Binding Written Offers for three recreational trail easements for the construction of the Kewannee Trail.
28. Adopt appropriate Resolution #2004-R-159, as shown on page _______, rescinding previous resolutions relating to the Airport Boulevard, Phase III road improvement project, for which acquisition is complete. All property needed for the project listed in this Resolution has been acquired through donations, purchase agreements or litigation.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated August 17 & 23, 2004.
2. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Brett Everett Downs, #02-809-MMA - $158
Thomas Paul Arnett, #92-3563-CFA - $250
Erek V. Mendez, #97-3682-CFA - $255
Erek V. Mendez, #97-3683-CFA - $255
Erek V. Mendez, #97-3614-CFA - $255
3. Chairman to execute the following Satisfactions of Judgment for the following Bail Bond Liens:
Alexis Ivan Serrano and Roche Surety & Casualty Co., Inc., #02-5337MMA - $306
Frank Gonzales and Evergreen National Indemnity Co., #03-11373MMA - $238
Jermaine Terrel Jackson, #04-2574MMA - $201
William Jones Martinez, Jr., and Evergreen National Indemnity Co., #03-9733MMA - $2,038
Nitza Nyvya Edmonson and Capitol Preferred Ins. Co., #03-4852MMA - $3,538
4. Official Minutes dated August 10, 2004.
5. Authorize destruction of BCC Records, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received & filed”:
1. Memorandum to Chairman Daryl McLain from Denny Gibbs regarding the Cameron’s Replat Name Change.
2. Change Order #1, as shown on page _______, to CC-1223-03, Intron Technologies, Inc.
3. Work Order #3, as shown on page _______, to PS-5152-03, Boyle Engineering Corporation.
4. Memoranda to the BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfers in the amount of $25,000 for the Renovation of Exercise Paths Project; and in the amount of $100,000 for the Eugene Gregory Park Project.
5. Maintenance Bonds, as shown on page _______, for Lake Forest Section 18 in the amount of $21,836.70 and for Lake Forest Section 19 in the amount of $21,836.07.
6. Work Order #19, as shown on page _______, to RFP-4173-02, American Acquisition Title, Inc.
7. Work Order #13, as shown on page _______, to PS-566-00, BCI Engineers & Scientist, Inc.
8. Work Order #16, as shown on page ________, to PS-5120-02, PBS&J.
9. Basic Contract #M-447-04, as shown on page _______,Pinels & Carpenter, Inc.
10. Right-of-Entry Agreement, as shown on page _______, for East Lake Mary Boulevard IIB, Robert L. Holcomb, approved by the BCC on Jan. 27, 2004.
11. PS-5137-03 Agreement, as shown on page _______, with Starmer Ranaldi Planning and Architecture, Inc.
12. Memorandum to County Engineer, Jerry McCollum, from Henry Brown regarding Direct Pay Request, Chuluota Bypass.
13. Second Amendment, as shown on page ________, to Term Contract IFB-3078-03, Anixter.
14. Development Orders, as shown on page _______, for the following: Elaine Poore; Dennis and Sharon Rudoi; Zureiq Housing Co.; Andrianne Hetzel; Frank Chisari; Tammy Hawkins; Kathryn Konitzer and Richard Merritt; Steven and Amy Ornstein; James Ware (Pine Street, Lot 10); James Ware (Cass Avenue, Lot 6); Kevin and Sandra Hughes; Dan and Diana Marsden; Lou Rhode; River Run Christian Church; Matthew and Lara Cato; and Build Florida, Inc.
15. Work Order #24, as shown on page ________, to PS-574-01, The Colinas Group.
16. Basic Contract #M-451-04, as shown on page ________, Hicks Electric, Inc.
17. Amendment #1, as shown on page _______, to Work Order #2, PS-5134-02, CPH Engineers, Inc.
18. Basic Contract #M-449-04, as shown on page _______, Singhofen & Associates, Inc.
19. Basic Contract #M-450-04, as shown on page ________, Strickland Environmental, Inc.
20. First Amendment to Lease Agreement, as shown on page ________, RFP-4190-03, with Pomeroy IT Solutions.
21. First Amendment, as shown on page _______, to Engineering Services, PS-5115-02, with MacTec, formerly known as Harding ESE.
22. Work Order #9, as shown on page _______, to CC-1222-03, Central Florida Environmental Corp.
23. Work Order #6, as shown on page _______, to CC-1188-02, The Roofing Connection, Inc.
24. Basic Contract #M-448-04, as shown on page ________, DeRango, Best & Associates.
25. Work Order #13, as shown on page _______, to CC-1222-03, Central Florida Environmental Corp.
26. Memoranda to the BCC from Kevin Grace, County Manager, regarding Capital Project Fund Transfers in the amount of $56,160 for the Cross Seminole Trail; in the amount of $39,801 for Howell Branch Phase 1; in the amount of $35,000 for Sand Lake Road; in the amount of $48,000 for Waverly Way Stormwater Retrofit; and in the amount of $111,000 for the SR 434 Underpass @ Wekiva Trail.
27. Memorandum to Sandra McCann from Kendra Curry, Legal Secretary, submitting the following documents, as shown on page ________, into the County Records: Lake Drive - General Warranty Deed dated July 6, 2004 with Frank Dietrick; Lawyers Title Insurance Policy #A81-0142864; General Warranty Deed and Permanent Right-of-Way Easement dated June 18, 2004 with Guiseppi and Thelma L. Belcuore; Lawyers Title Insurance Policy #A81-0142870; General Warranty Deed dated June 18, 2004 with Marsha Kennedy; and Lawyers Title Insurance Policy #A81-0142869; Elder Creek - General Warranty Deed dated July 1, 2004 with Ellen Renate Manderscheid f/k/a Ellen Schirmer; and Lawyers Title Insurance Policy #A81-0142868; Red Bug Lake Road - Two General Warranty Deeds dated June 18, 2004 with Richard A. and Adel E. Tennyson; Memorandum of Agreement and Quit-Claim Deed dated June 18, 2004 with the St. Johns River Water Management District; and Lawyers Title Insurance Policy #A81-0142866; Lockhart-Smith Canal - Permanent Drainage/Stormwater Easement dated May 28, 2004 with Thomas A. and Andrea Youngblood; and Lawyers Title Insurance Policy #A81-0142867.
28. Notice of Commission Hearing and Prehearing from the Public Service Commission regarding Docket No. 031125-TP, Complaint against BellSouth Telecommunications Inc. by IDS Telecom LLC.
29. First Amendment, as shown on page _______, to IFB-3090-04, Onyx Waste Services Southeast.
30. Purchase Agreement RFP-4217-04, as shown on page _______, Fisher Scientific/Fisher Safety.
31. Work Order #2, as shown on page _______, to PS-5115-02, MacTec.
32. Change Order #6, as shown on page _______, to FC-1125-00, Keith & Schnars P.A.
33. Notice on Consummating Order from the Public Service Commission regarding Docket No. 040085-EI, Progress Energy Florida, Inc.
34. Work Order #20, as shown on page ________, to PS-5130-02, Nodarse & Associates, Inc.
35. Amendment #1, as shown on page _______, to Work Order #11, PS-5116-02, Metric Engineering, Inc.
36. Change Order #2, as shown on page _______, to Bid #298-04, H.I.S. Painting, Inc.
37. Notice of Hearing and Prehearing from the Public Service Commission regarding Dockets No. 040766-EI, Petition by Florida Power & Light Company and New Hope Power Partnership; and No. 040767-EI, Petition regarding Purchase Agreement between Florida Power & Light Company and New Hope Power Partnership.
38. Memorandum to Sandy McCann from Becky Noggle submitting the following documents, as shown on page _______, into the County Records: Satisfactions of Connection Fees for the projects known as AK Business Center Ph 1 and Heathrow Tract 28 - Burlington Oaks; Conditional Utility Agreements for water and sewer services with Seminole County Public Schools, Morrison Homes, Oviedo Properties, LLC, and Cornerstone Community Church of Central Florida, Inc.; Amendment to the Conditional Utility Agreement for water and sewer service with David Lloyd; and Letter of Acceptance and Bill of Sale for Jornat Properties.
39. Term Contract IFB-3092-04, as shown on page _______, Tri-Anim Health Services, Inc.
40. Addendum 1, as shown on page ________, to Developer’s Commitment Agreement for the KBC/Briar Warehouses Final PCD Master Plan.
41. Memorandum to Sandy McCann from Becky Noggle submitting the following documents, as shown on page ________, into the County Records: Satisfactions of Connection Fees for the projects known as Lake Forest Sect. 10C, Alaqua Lakes Ph. 8, and Woodsong.
42. Conditional Utility Agreement, as shown on page _______, for water and sewer service with Lakeview @ Heathrow, LLC.
43. Work Order #12, as shown on page _______, to CC-1222-03, JCB Construction, Inc.
44. Bids as follows: PS-5168-04, PS-5169-04, RFQ-4224A-04, and PS-5170-04.
Planner, Denny Gibbs, addressed the Board to present request to vacate and abandon utility easements and cross access easement between Lots 21, 22, 23 and 24, Orange Blossom Business Center, Section 19, Township 21 S, Range 29 E, Bulsara Group, Inc. She advised the vacate is required in order to combine the property into one building lot to accommodate the development of three warehouse/office buildings in two phases. She added that the staff recommends adoption of the resolution.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-160, as shown on page _______, vacating and abandoning utility easements and cross access easement between Lots 21, 22, 23 and 24, Orange Blossom Business Center, Section 19, Township 21 S, Range 29 E, Bulsara Group.
Districts 1, 2, 3, 4 and 5 voted AYE.
Director of Public Safety, Ken Roberts, addressed the Board to give a briefing on Hurricane Frances (PowerPoint presentation was received & filed). Mr. Roberts expressed his appreciation to the County Manager and his staff for being present for the entire event. He reviewed and discussed the following: Emergency Preparedness; Emergency Support Functions; Pre-Storm Activities; Pre-Activation Meetings; Public Communications Plan; Executive Orders; Evacuations; Shelters; Sand Bags; and Initial Damage Assessment.
Upon inquiry by Commissioner Van Der Weide, Mr. Roberts advised he knows of no mast arms signals that were damaged. Commissioner Morris requested staff provide a report on the mast arm signals and how they weathered the storm.
Mr. Roberts continued his update by reviewing the following: Recovery; Emergency Services; Citizens’ Information Line; Law Enforcement Activities; Infrastructure Rehab; Water System; Wastewater System; Solid Waste; Community Resources; Citizens Assistance and Outreach; Water & Ice Distribution; Food Distribution; Coordination of Volunteer Services; and Ongoing Issues.
Commissioner Morris expressed his concern with the mosquito problem that has become out of control because of the storms.
Mr. Grace advised they were preparing to start aerial spraying when the second hurricane came and they had to halt that operation.
Mark Flomerfelt, Stormwater Manager, addressed the Board to advise Clark Environmental has been cooperating with all the cities; however due to the airplane crash down south, all mosquito aerial spraying planes have been grounded by the FAA, pending an investigation. He added that when the ban is lifted, they are ready to commence spraying.
Mr. Grace advised they have enough money to start the spraying when the ban is lifted, but will have to come back to the Board for additional funding.
Commissioner Morris stated he would like to see the County’s plan and what has been done with the cities with regard to mosquito spraying. Mr. Grace stated staff will bring this back to the Board at this afternoon’s meeting.
Mr. Roberts continued with his presentation by reviewing the following: Building Inspections; School Safety Issues; Repair of Infrastructure & County Facilities; and Future Challenges. Mr. Roberts stated the storm response and recovery effort has been outstanding by all those that participated (Sheriff’s Office; School Board; SCVP; Progress Energy; FPL; SCC; The Salvation Army; all 7 Cities; Highway Patrol; American Red Cross; and SERT).
Sheriff Don Eslinger addressed the Board to agree with Director Roberts that the level of cooperation and coordination concerning the storms was tremendous and he is proud to be a part of it.
Upon inquiry by Commissioner Henley, Director of Environmental Services, Bob Adolphe, addressed the Board to advise out of 285 lift stations, 50 to 60 were without power Sunday morning during the storm. He said they will be acquiring two more generators, which will bring the total to 15.
Commissioner Henley stated he believes this is something they need to take a look at during the Budget session in order to make sure the County can continue to operate those lift stations.
Mr. Adolphe advised he knows of no calls complaining of sewer backing up into homes.
Commissioner Morris stated he has received many compliments about the work Stormwater has done before, during and after the event. Also, he said the Public Works and Environmental Services Departments deserve kudos for their dedication.
Mr. Roberts showed a video depicting the work being done in the EOC during the storms.
Mr. Grace stated the County has a lot of great employees who sacrificed to do their jobs during the hurricanes.
David Gregory, Solid Waste Manager, gave a status report on the hurricane debris clean up. Copy of debris information schedule was received and filed. He reviewed the timeline starting with the clean up after Hurricane Charley and continuing with Hurricane Frances.
Commissioner Maloy stated he has received some complaints that some residents have not had their debris picked up once and others have had a second pick-up.
Mr. Gregory stated the work is being done through contractors and some contractors are better than others. He said the contractors are being provided with directions on where to go and staff is trying to make sure they are going to the right areas.
Commissioner Maloy advised the west side of Tuskawilla seems to be having a problem with pick-up.
Chairman McLain suggested Commissioners meet with Mr. Gregory on an individual basis to advise him of areas in their districts that are having problems with the pick-up.
Discussion ensued with regard to the formula for the FEMA reimbursement and the picking-up of debris in private subdivisions. Mr. Grace advised he made the decision to pick up in the private subdivisions because of public safety concerns.
At the request of the Chairman, Mr. Roberts gave a brief update on the St. Johns River flooding concerns.
Chairman McLain commended the staff on how they have responded to these disasters during the last month.
The meeting was recessed at 10:55 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials (with Commissioner Morris being late), with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to authorize 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.
APPEAL OF BOA/Arthur Chick
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny a side yard setback variance from 10 ft. to 4 ft. for two existing carports for property at 228 Vinewood Drive, Arthur Chick, received and filed.
Kathy Fall, Planning, addressed the Board to state the applicant constructed two aluminum carports that encroach 6 ft. into the 10 ft. side yard setback. One carport (10’ x 20’) is attached to the existing house and the second carport (20’ x 20”) is attached to an existing garage, which was approved in 1991 by the BOA. Staff recommends the Board to uphold the BOA’s decision to deny the request based upon the criteria for granting a variance in the Land Development Code. Staff feels that the variances would not fit within the development trends of the area.
Upon inquiry by Commissioner Henley, Ms. Fall advised the BOA approved a 20’ x 20’ garage located at the rear of the property. She stated the agenda says 24’ x 32’ garage and it should be 20’ x 20’.
Upon inquiry by Chairman McLain, Ms. Fall advised staff does have photographs, but unfortunately she copied them and they are not legible.
Commissioner Henley stated the main factor of the BOA decision impacts both of those that were put up without a permit.
Arthur Chick, 228 Vinewood Dr., addressed the Board to explain why he did not apply for the variances. He stated none of his neighbors complained about the carports except for one.
Upon inquiry by Commissioner Maloy, Mr. Chick advised the garage was already attached when he bought the house. He stated he didn’t apply for the original variance and a 20 ft. variance was granted in the back.
Upon further inquiry by Commissioner Maloy, Mr. Chick advised the purpose of the carport was to be able to drop people off so they wouldn’t get wet when it was raining.
Commissioner Morris entered the meeting at this time.
Mr. Chick answered questions for Chairman McLain relative to the kind of structures the carports are, whether or not they are attached to the garage and how the poles are attached to the ground.
Upon inquiry by Chairman McLain, Ms. Fall advised no one from the Building Department has inspected the property. She stated the variances must be granted first and the applicant must pay for the permit before it is inspected.
No one spoke in support or in opposition.
Speaker Request Form was received and filed.
District Commissioner McLain stated he would like to see this continued for two weeks in order to allow the Building Department to inspect the site. He stated he would also like to visit the site.
Motion by Commissioner Henley, seconded by Commissioner Maloy to continue to September 28, 2004 at 1:30 p.m., an Appeal of the Board of Adjustment’s decision to deny a side yard setback variance from 10 ft. to 4 ft. for two existing carports for property at 228 Vinewood Drive, as described in the proof of publication, Arthur Chick.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain informed Mr. Chick that he will send the Building Department out to look at the site and to take pictures as well.
BOA APPEAL/Ron Edwards (Continued)
Continuation of a public hearing to consider an Appeal against the Board of Adjustment’s decision to approve a special exception to establish a contractor’s establishment with no outside storage located on the east side of Longwood-Lake Mary Road approximately 0.1 mile south of Green Way Blvd. in the C-2 (Retail Commercial District), as described in the proof of publication, Ron Edwards.
Francisco Torregrosa, Planning, addressed the Board to state on July 26, 2004, the BOA approved the request based on commitments agreed to by the applicant to develop the site in conformance with commercial design standards. Staff recommends denial of the request citing the proposed contractor’s establishment use would be inconsistent with the general character of surrounding development and would not serve as an effective transitional use between any of the surrounding single-family, office, vacant or planned commercial uses. He reviewed the existing uses and zoning surrounding the area. He stated staff recommends denial of the request to establish a contractor’s establishment with no outside storage. If the Board should decide to uphold the BOA’s decision, staff would then recommend the conditions that were agreed upon at the BOA hearing. He stated staff received a new site plan with minor parking and landscaping changes. Staff still has concerns relating to the compensation storage and the ability of the applicant to preserve 25% of the trees on site.
At the request of Commissioner Morris, Matt West, Planning Manager, addressed the Board to explain the issues regarding the compensation storage.
Mr. West informed Commissioner Morris that there are existing single-family homes to the north zoned A-1 and Lake Point offices to the south.
Mahmoud Najda, Development Review Manager, addressed the Board to inform Commissioner Morris that staff has not reviewed the engineering plans relating to the water table. He stated it would be reviewed during the site plan process.
Upon inquiry by Commissioner Maloy, Mr. Torregrosa advised they will use this office and some inside storage of their building materials. The applicant will store materials indoor and not outside.
Mr. Najda discussed with Commissioner Henley the issues of dirt being removed to fill the other area and the amount of trees that would be cut down.
John Reynolds, American Civil Engineering, addressed the Board to state he is representing Sid Young and Ron Edwards. He explained what they have done over the last several months. He stated Mr. Edwards has a dry wall business and he would like to use 5,000 sq. ft. of the 20,000 sq. ft. facility for his own business. He said this site is somewhat unique as there is a YMCA across the street, a residential mobile home to the north, a 100 ft. railroad right-of-way to the east and then the office park to the south. The office park has an 8 ft. tall retaining wall and on top of that is office buildings. As far as the final engineering, this plan has been submitted to DRC and he does have soil reports. Compensating storage has been done in flood prone areas. With regard to trees, he will try to save 25% and if he can’t, staff will allow the trees that he will plant to be a bigger size. He stated when the approval was reversed by this Board, he met with staff and he has submitted a plan that he feels is designed to meet the intent of what everyone would like to see out there.
Chairman McLain explained for Mr. Reynolds that the Board has not reversed the BOA’s decision to date. He stated the District Commissioner asked that the Board review this issue to determine if the BOA made the right decision.
Mr. Reynolds stated he feels they have met with what staff would like to see and they have tried to conform their design to meet staff’s expectations. He asked the Board to allow this special exception.
Upon inquiry by Commissioner Maloy, Mr. Reynolds advised the correct revisions (received and filed) to the site plan are shown on the aerial. He stated from the original design they had more pavement and more parking and no type of fence along Lake Mary Blvd. He said he is showing a 15 ft. landscape buffer and he is dedicating 15 ft. for additional right-of-way.
District Commissioner Morris requested a recess to allow him time to review the revisions.
Chairman McLain recessed the meeting at 1:55 p.m., reconvening at 2:03 p.m.
District Commissioner Morris stated he feels the Board had some incorrect information and he would like Mr. Reynolds to explain what they are now looking at relative to the changes.
Mr. Reynolds stated this property is zoned C-2 and it requires a 5 ft. buffer along the railroad right-of-way. He stated he went from a 5 ft. buffer to a 15 ft. buffer because of the row of trees that separates this development from the railroad tracks. They have eliminated pavement, parking and they have saved some trees. He stated he has agreed to install some type of fence along the front of the property. They have come up with columns and an aluminum type fence behind the 15 ft. landscape buffer that would have more landscaping than what the Code would require. He said he is grading the site so that a number of trees between the right-of-way and the site can be retained. The changes should satisfy both the property owner and County.
Upon inquiry by Chairman McLain, Mr. Reynolds advised Mr. Edwards has pickup trucks that are used for his business and his employees take them home. Parking will be provided on the north end of this site. He informed Chairman McLain that he would agree to restrict the vehicles to that area.
Upon further inquiry by Chairman McLain, Mr. Reynolds advised there will be a covered walkway that will be a standing seam mansard that will give the building more of a look than just a flat front. The first 8 ft. of the building will be stucco or some type of simulated brick and a standing seam mansard to cover the walkway. There will be a metal siding above that. It will be capped with a metal band and above that a roof slope will be seen.
Mr. West displayed photographs (not received and filed) of different elevations that are substantial for the area. He also displayed a site plan and drawings showing the front and side elevations (all received and filed).
Commissioner Morris stated what they have is a two-lane road with a middle turn lane. Staff has been opposed to the C-2 zoning and what they have here is the southern entrance coming up to Lake Mary High School and The Crossings. The County has tried to protect the area with site designs like the YMCA to the 7-11.
At the request of Commissioner Morris, Mr. West reviewed what other uses are allowed in C-2 zoning.
Upon inquiry by Commissioner Morris, Mr. West advised staff has no objections to an aluminum-type fence (rod iron) with 30 ft. sections between the columns. He stated staff would recommend running that all the way up to the north property line.
Commissioner Morris stated a 15 ft. setback to the front is required and the applicant will be dedicating 15 ft. to the County.
Mr. Reynolds stated the 15 ft. has to be dedicated for right-of-way.
Commissioner Morris stated the 5 ft. sidewalk collapses at the corner parcel. The sidewalk will run to the north end of the property. He stated the billboard on the compensating storage area has a 20-year lease and it cannot be broken. At the entranceway, the decel lane will be eliminated and a wider curb will be installed. He stated that the tree issue will come back to the Board.
Upon inquiry by Chairman McLain, District Commissioner Morris advised the issue of landscaping around the pond will be brought back during the site plan review. He stated he has worked diligently with the landowner in the past for a storage warehouse facility. He said the nice line of trees back along the railroad must be protected. He added if this is approved, he would recommend the following: The wall be set behind the 15 ft. buffer so that the buffer is to the roadway and the wall to the east of the property; the buffer will be irrigated and landscaped; the landscaping plan will come back and would follow Lake Mary Blvd. standards; and the wall would be black aluminum fencing with a masonry decorative column and that should match the fascia of the building.
Chairman McLain stated he has seen 15 to 20 ft. between columns but never has seen 30 ft.
Commissioner Van Der Weide stated he believes that is why they are using aluminum.
Upon inquiry by Chairman McLain, Mr. Reynolds advised there would be a 30 ft. section of the aluminum fencing between the columns.
Commissioner Morris stated that will be reviewed when the final site plan is brought back. He stated he would like the site plan to come back to the Board for final approval. He said he would recommend that the retention pond not be fenced and the building elevations would match or be similar with the drawings submitted.
Upon inquiry by Chairman McLain, Commissioner Morris stated the submittal of the front elevations is not what he thought they were talking about. He stated numerous projects around the County have been done and those include the Red Bug PUD, Chuluota Junction and Savannah Park. The tree replacement plan would be brought back to the Board as well. He said he would recommend that the backside trees be protected by a wooden structure during construction so that no damage will occur to them. The four parking space requirements be waived and the parking size can be limited to 18’ by 9’, with the exception of handicapped parking. The parking ratio to be 1:250 and there will be no outside storage. A formal tree survey will be done. He stated the BOA recommended that there be no outside storage.
Mr. Torregrosa stated the units have front side storage and they are showing back storage area, and the BOA felt that the storage and office must be rented together.
Commissioner Morris stated the fence would run the entire length of the property.
Chairman McLain stated he thought that the property to the north of the retention pond would look better open rather than putting in a fence.
Mr. Reynolds stated he is not clearing out all the trees. There is a strand of trees that will remain between the two compensating storage areas.
Commissioner Morris stated all of this would come back to the Board for final site plan approval as a public meeting. He stated the only problem he sees with this site is the landowner had the intention of acquiring the triangular parcel. The YMCA does not have a decel lane and they have significantly more traffic. He stated he doesn’t believe this project, as designed, is going to have a lot of traffic.
Upon inquiry by Mr. West, Commissioner Morris advised he would recommend that company vehicles will be restricted to parking only on the north area.
Upon inquiry by Commissioner Morris, Robert McMillan, County Attorney, stated the Board can make a motion to reverse the BOA’s decision and then impose their own decision.
Motion by Commissioner Morris, seconded by Commissioner Henley to reverse the Board of Adjustment’s decision in approving a request for a special exception to establish a contractor’s establishment with no outside storage located on the east side of Longwood-Lake Mary Road approximately 0.1 mile south of Green Way Blvd. in the C-2 (Retail Commercial District), as described in the proof of publication, Ron Edwards.
Districts 1, 2, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Morris, seconded by Commissioner Henley to approve the contractor’s establishment in the C-2 zoning, with no outside storage located on the east side of Longwood-Lake Mary Road approximately 0.1 mile south of Green Way Blvd. in the C-2 (Retail Commercial District), as described in the proof of publication, Ron Edwards, with the conditions outlined by the District Commissioner and the additional exceptions indicated by Commissioner McLain relative to parking of the vehicles; with the understanding that the site plan will come back for final approval and the applicant will model after the copy of photographs submitted on the current existing structure.
Under discussion and upon inquiry by Chairman McLain, Commissioner Morris advised he would recommend the standard lighting requirement (16 ft. shoebox) and the wall packs would not be allowed.
Upon inquiry by Commissioner Morris, Mr. Reynolds stated those will not be installed in the front, but it would be wise to have them along the back.
Commissioner Morris recommended addressing that during the final site plan.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny a request for (1) rear yard setback variance from 30 ft. to 13 ft. and (2) north side yard setback variance from 7.5 ft. to 3 ft. for an existing shed located at 185 Jay Drive, Altamonte Springs, Florida, (in the R-1 Single-Family Dwelling District), Hector and Nancy Mendez, received and filed.
Mr. Torregrosa stated the BOA denied the request based on the applicants’ failure to demonstrate a hardship consistent with the variance criteria. He stated the applicants submitted an application to appeal the decision on December 22, 2003, and that was filed in a timely manner. However, staff did not schedule the appeal until now due to an oversight and not the fault of the applicant. He stated staff recommends that the Board uphold the BOA’s decision and deny the request based on their findings. He displayed a photograph of the shed on the aerial.
Mr. Torregrosa answered questions from Commissioners Van Der Weide and Henley relative to the how small the variance has to be, how long it has been there and if the building was built on a concrete slab.
Nancy and Hector Mendez, applicants, addressed the Board to state they built the shed for storage purposes. Mr. Mendez stated at the present time they do not have the money to move the building or make it smaller.
Chairman McLain informed Mr. & Mrs. Mendez that even if the variance is granted, the Building Department will inspect the building for substantial improvements and tie downs would be required according to the building code.
Mr. Mendez stated the reason the building isn’t finished is he is waiting to see if he has to tear it down.
No one spoke in support or in opposition.
District Commissioner Van Der Weide stated in a way he is glad that it isn’t finished because he feels the building has to comply with the size requirements or be moved. He stated he also feels that Chairman McLain brought us some interesting conditions when the Building Department inspects the building.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to uphold the Board of Adjustment’s decision in denying the request for (1) rear yard setback variance from 30 ft. to 13 ft. and (2) north side yard setback variance from 7.5 ft. to 3 ft. for an existing shed located at 185 Jay Drive, Altamonte Springs, Florida, (in the R-1 Single-Family Dwelling District), as described in the proof of publication, Hector and Nancy Mendez.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain informed Mr. & Mrs. Mendez that they will need to relocate the building and in order to do that they will need a building permit to get it to code.
Proof of publication, as shown on page _______, calling for a public hearing to consider request to adopt an Ordinance revising Chapters 50 and 150 of the Seminole County Code as it relates to Article V legislation, received and filed.
Lin Polk, Fiscal Services, addressed the Board to state the proposed ordinance addresses necessary revisions for conforming the fees, charges and managerial responsibilities within the Seminole County Code to the last two years of Article V legislative revisions. The proposed ordinance repeals and replaces current fees ($15 assessment) imposed on all traffic infractions and citations and ($65 court cost assessment) imposes all convictions of and pleas of guilty or novo contender to misdemeanors, felonies and criminal traffic infractions. She stated this ordinance also includes notification to the Clerk of the County’s intent to apply a $2.50 additional court cost assessment authorized by the Florida Statutes Section 318.18 for law enforcement training and criminal justice education programs.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris adopt Ordinance #2004-37, as shown on page ________, revising Chapters 50 and 150 of the Seminole County Code as it relates to Article V legislation, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Amendment to County Ordinance #97-54 extending the term for the implementation of the U.S. 17-92 CRA Redevelopment Plan, received and filed.
Kevin Fall, Economic Development, addressed the Board to state the proposed ordinance extends the Plan for an additional 20 years. The initial term of the 17-92 CRA Redevelopment Plan was established through the enactment of County Ordinance #97-54. He stated on April 27, 2004, the Board directed staff to develop a plan to implement the Fern Park Redevelopment Framework including a strategy. That project requires financial and program commitments in excess of the capacity of the existing timeframe. An extension of the timeframe demonstrates a much-needed financial commitment to the program and reaffirms the Board’s designation of the 17-92 corridor as one of three in the County as proactive economic development efforts. The Redevelopment Planning Agency (RPA) will update the Redevelopment Plan over the next several months to develop a consensus vision and priority list of projects for the corridor and to develop a realistic and achievable timeline for implementation of the revised Plan. Once the RPA concludes the update of the Plan, it will be forwarded to the member cities for their review. It is anticipated that the update will be ready for consideration in November or December 2004. At their July 23, 2004 meeting the RPA voted to forward a recommendation to the CRA in favor of extending the term for an additional 10 years. He stated the City of Lake Mary abstained.
Upon inquiry by Commissioner Henley, Mr. Fall advised the City of Lake Mary did go on record that they are in favor of the CRA. He believes it is too early for the City of Lake Mary to commit to such a long-term program due to their own downtown development.
Commissioner Van Der Weide stated the Board had committed to extending it for an additional 10 years and then they bumped it up to 20 years. He stated he feels it is important that the Board has the flexibility to do what they need to do. He said he has some hesitation with bumping it from 10 to 20 without some provision in there.
Chairman McLain recommended looking at 15 years with an additional 5 years.
Commissioner Morris stated whatever options would be better, he knows the cost of Fern Park will be more than 10 years of work. He stated the City of Lake Mary may or may not stay in because it is not necessary.
No one spoke in support or in opposition.
Chairman McLain stated he feels the longer plan will give them more flexibility and if they don’t go with 20, then he would like to go with 15.
Commissioner Henley stated he is not opposed to what they are attempting to do, but there are three more years remaining with the present ordinance and he is hesitant with 20 years. The part of the original motion was to bring forth plans, which they do not have. Since they have the authority to extend it, he would be more comfortable adding 10 more years with the option that once it becomes evident that they have concrete plans that require beyond 13 years.
Upon inquiry by Chairman McLain, Mr. Fall advised the option of extending the Redevelopment Plan is available any time the Board wants to amend it and there is no cap on that. He stated the Board could extend the bonding period as long as they do not go 40 years (the life of the CRA).
Commissioner Van Der Weide stated he believes it makes sense to go with 10 years and if they need more to bond it, they can go up to a total 30 years.
Chairman McLain stated he wanted to make sure the Board has the flexibility to extend it.
Mr. Fall stated what they would do is revise the Redevelopment Plan and get into an adopted Plan that the Cities can buy off on, and that would allow them flexibility to come back and extend it.
Upon inquiry by Chairman McLain, Mr. Fall advised the flexibility of extending a portion of it is still there.
Mr. Fall discussed with Commissioners Morris and Henley the length of the Casselberry CRA, the Sanford CRA and Altamonte Springs Cranes Roost CRA as well as the percentage and the total value of the Fern Park CRA.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt Ordinance #2004-38, as shown on page ________, extending the term for 10 years for implementation of the U.S. 17-92 CRA Redevelopment Plan, as described in the proof of publication, with the caveat to extend that beyond that period.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
CONSENT AGENDA (Continued)
Don Fisher, Deputy County Manager, addressed the Board to present request to approve a Road Grade Crossing Agreement at the Bedford Estates railroad crossing located south of Bedford Road and north of North Carolina Run, a private road, serving the Bedford Estates subdivision. He submitted a copy of the Easement Agreement and stated he contacted Steven Crosby, CSX President. He stated the agreement he just submitted is acceptable to the County Attorney’s office.
Motion by Commissioner Morris, seconded by Commissioner Van Der Weide to authorize Chairman to execute Road Grade Crossing Agreement, as shown on page ________, at the Bedford Estates railroad crossing located south of Bedford Road and north of North Carolina Run, a private road, serving the Bedford Estates subdivision.
Districts 1, 2, 3, 4 and 5 voted AYE.
The following Communications and/or Reports were received and filed:
1. Notice of 8/25/04 Seminole County Port Authority (SCOPA) rescheduled board meeting.
2. Letter dated 8/24/04 to BCC from Lake Mary City Commissioners & City Manager re: proposed county home rule charter amendment.
3. Letter dated 8/23/04 (with attachment) to Chairman from John Dwyer re: Riverton Rezone.
4. Copies of letters dated 8/23/04 from Joe Gasparini, Parks & Recreation Manager, re: appreciation of donations to: Tom Baughman in memory of Michael T. Buckler and The Hunn Family in memory of Marion French.
5. Memorandum dated 8/23/04 (with attachment) to Chairman McLain & Kevin Grace, County Manager, from Colleen Rotella, Community Resources Manager, re: September 11th weekend WWIIN in 2004 Volunteer Home Repair Project.
6. Letter dated 8/16/04 (with attachment) to Chairman McLain from Sanford Mayor Brady Lessard re: proposed countywide referendum imposing Urban/Rural Boundary Restrictions and Sanford Resolution #1969.
7. Copy of letter dated 8/25/04 to Diane Pickett Culpepper, Bright House Networks, from Kevin Grace, County Manager, re: cable service restoration within Seminole County.
8. Copies of letters dated 8/26/04 from Chairman McLain re: WWINN 2004 Helping Hands project to: Georgia Bruton, Northland Church, and Pastor Greg Freeman, Wekiva Assembly of God.
9. Press release dated 8/26/04 re: Hurricane Charley Storm Debris Collection for Residents of Unincorporated Seminole County.
10. Letter dated 8/23/04 to Chairman McLain from Ray Eubanks, FL Dept. of Community Affairs, re: submittal of Small Scale Development Plan Amendment adopted by Seminole County Ordinance #2004-26, DCA #04S2. (cc: BCC, County Managers, Planning Manager)
11. Notice of rescheduled 9/2/04 Seminole County North Street Proposed Sidewalk Improvements (I-4 to Palm Springs Dr.) public meeting.
12. Letter dated 8/24/04 to Chairman McLain from John Hitt, UCF President, re: study of physician shortages and feasibility of a UCF medical school.
13. Notice of 9/1/04 Sanford Community Redevelopment Agency (CRA) meeting.
14. Letter dated 8/26/04 to Chairman McLain from J. Christian Fenger, Bright House Networks, re: cable service restoration following Hurricane Charley.
15. Memorandum dated 8/5/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $25,000, Accounting Adjustment.
16. Memorandum dated 8/5/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $100,000, Accounting Adjustment.
17. Copy of letter dated 8/26/04 to Mr. & Mrs. Gentner from Jane Peterson, Library Services Manager, re: appreciation of donation in memory of Eric Warner Gentner.
18. Notice of 9/2/04 City of Oviedo Land Planning Agency (LPA) public hearing and 9/20/04 City Council meeting re: Oviedo Forest PUD Preliminary Development Plan & Development Agreement. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
19. Volume 2, Issue 1, August/September 2004 edition of The Advocate newsletter of the Seminole County Guardian Ad Litem Program.
20. Bright House Networks Press Release dated 8/30/04 re: cable service restoration following Hurricane Charley.
21. Copy of letter dated 8/24/04 to Congressman John Mica from Chairman McLain re: Seminole County Application for NRCS Emergency Watershed Protection Funds/Hurricane Charley.
22. Copy of letter dated 8/24/04 to FL Representative Tom Feeney from Chairman McLain re: Seminole County Application for NRCS Emergency Watershed Protection Funds/Hurricane Charley.
23. Notice of 9/15/04 City of Lake Mary Local Planning Agency (LPA) meeting re: establishing the High Tech/Industrial Corridor Protection Area.
24. Memorandum dated 8/26/04 (with attachment) to BCC from Doris-Anne Freeman, Altamonte Springs City Clerk, re: City Ordinance #1497-04, vacate & abandon of right-of-way adjacent to 109 E. Altamonte Dr.
25. FL Dept. of Health Quarterly Report for 3rd Quarter 2003-04.
26. Memorandum dated 9/1/04 to Risk Management from Kevin Cothron, Preferred Governmental Claim Solutions, re: property damage claims resulting from Hurricane Frances.
27. Copy of letter dated 9/1/04 (with attachment) to City of Winter Springs Chairman & Board of Adjustment from Matt West, Planning Manager, re: Cress Run General Permit/Eagle Bay Wood Products.
28. Letter dated 8/31/04 to BCC from Ann Smith, Foster Grandparent Program, re: thanks to program volunteers.
29. Fax dated 8/27/04 to Kevin Grace, County Manager, from Gerald J. Seeber, Oviedo City Manager, re: Proposed Seminole County Charter Amendment.
30. Copy of letter dated 9/1/04 to Ian Lachowicz from Jane Peterson, Library Services Manager, re: appreciation of donation in memory of Eric Gentner.
31. Letter dated 8/04 (with attachment) to BCC from James Anglin, HNTB Corp., re: acquisition of TEI Engineers & Planners and Issue #78, 2004 of their magazine, Designer.
32. Letter dated 8/27/04 (with attachment) to Chairman McLain from Tricia Johnson, Orlando Regional Healthcare, re: ORHC’s Teen Xpress program which brings free physical and mental health care to adolescents at school facilities.
33. Memorandum dated 8/31/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer of $537,000 for HVAC control systems and the Jail security system.
34. Notice of 9/16/04 Orange County/UCF Campus Development Agreement public hearing. (cc: BCC, County Managers, Planning Manager)
35. Memorandum dated 9/2/04 (with attachment) to Chairman McLain from Ron McLemore, Winter Springs City Manager, re: Annexation Study Area Report. (cc: BCC, Deputy County Managers, Planning Manager, County Attorney)
36. Notice of Dept. of the Army-Jacksonville District Corps of Engineers Permit Application from NJB Investments re: northwest quadrant of Lake Mary Blvd. & Live Oak Blvd. (cc: County Manager, Environmental Services Director, County Engineer, Planning Manager, Development Review Manager)
37. Notice of 9/16/04 Oviedo Land Planning Agency (LPA) public hearing and 9/20/04 Oviedo City Council public hearing re: Oviedo Forest PUD Preliminary Plan & Development Agreement. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
38. Copy of letter dated 9/1/04 to Ian Lachowicz from Jane Peterson, Library Services Manager, re: appreciation of donation in memory of Eric Gentner.
39. Letter dated 7/28/04 (with attachment) to BCC from Kenneth Haddad, FL Fish & Wildlife Conservation Commission, re: partnership with the American Bird Conservancy for new Florida Cats Indoors! Stewardship Project to protect wildlife.
40. Notice of 9/15/04 Seminole County Port Authority (SCOPA) board meeting.
41. Copy of letter dated 9/8/04 to Don Fisher, Deputy County Manager, from Greg Pryor, Red Bug Residential Coalition, re: Mikler Rd./Red Bug Lake Rd. development.
42. Letter dated 9/6/04 to BCC from Gov. Jeb Bush re: donations to the Florida Hurricane Relief Fund.
43. Parks/Recreation Contracts, as shown on page ________, for Services - Scorekeep at the ASA 35+ National Championship Tournament for: Jessica Fiorenza; Al Milano; Kristin Broda; Elizabeth Kon and Casper Kourajian.
Commissioner Van Der Weide left the meeting at this time.
Mr. Grace asked Mr. Flomerfelt to come forth to update the Board on the mosquito control.
Mark Flomerfelt, Roads Operations/Stormwater Manager, addressed the Board to display a post hurricane mosquito control report (not received and filed). He reviewed the starting dates and completion dates as well as the trap numbers (ranging from 100 to 2,000 mosquitoes per trap), and he stated that might be increasing over the next couple of weeks. They are keeping a close eye on those eight traps throughout the County. He stated the County has been doing evaluations on a monthly basis on those traps. He misinformed the Board that all planes are grounded. The only one grounded is out of Polk County (DBCI) due to the accident. The FAA has approved Clark and they will be ready to start within a day or so pending notification from the County. Several of the cities are interested in going along with the aerial spraying if the County continues it. Currently, the Cities of Winter Springs, Oviedo and Sanford may be interested depending on the logistics and contract issues.
Owen Reagan, Stormwater, addressed the Board to state the Cities of Winter Springs and Oviedo indicated that they would like to participate. The City of Lake Mary is interested in doing it as well. The City of Sanford has not decided as of this date.
Upon inquiry by Commissioner Henley, Mr. Flomerfelt advised as far as truck spraying, the trucks cover areas within about 300 ft. on both sides of the roadway. As far as ponds and retention areas, the County has done some larvcide within the last couple of months to keep those numbers down.
Commissioner Morris stated truck spraying takes care of adult mosquitoes that are hatching everyday.
Commissioner Henley asked if there are plans or dates for hand spraying.
Mr. Flomerfelt stated the post Hurricane Frances spraying map will be posted today.
Chairman McLain stated he would think the County is probably looking at 12 weeks of serious mosquito problems. He stated he would think the larvicide is the most practical and economical way of dealing with them.
Mr. Flomerfelt stated staff has not been able to do the chicken’s process for about three weeks due to the storms.
Mr. Grace stated that is something that they will be monitoring to see if there is a public health issue.
Upon inquiry by Mr. Grace, Mr. Flomerfelt advised the budget funds are about at the limit right now, but they can dip into the reserves if they need to.
Upon inquiry by Chairman McLain, Mr. Reagan advised the way they are set up now is they can complete the larvicide and truck spraying, and then new monies will be available during the new fiscal year. If they need to do large scale aerial spraying, they would need to find additional funding.
Mr. Flomerfelt stated it would depend on the eastern third of the County (Black Hammock, Chuluota and Geneva area). They are looking at $60,000 per flight.
Chairman McLain stated staff is talking about the least dense population and they need to look at the more densely populated areas.
Mr. Flomerfelt stated staff feels that truck spraying covers the highly dense urban areas sufficiently.
Mr. Fisher stated it sounds like they have direction that they can begin aerial spraying to the eastern third of the County. At the September 28 Board meeting, staff can develop a targeted plan of doing the less densely populated areas where staff feels truck spraying cannot reach. Those would include, Paola, Lake Howell and Lake Mills. Staff can bring that back along with the funding to complete that project, and the Board can decide how they want to proceed.
Upon inquiry by Commissioner Henley, Mr. Fisher advised the way the County is handling the spraying from Hurricanes Charley and Frances is to do the eastern third of the County. That is how they typically handle aerial spraying.
Commissioner Henley stated if staff wants to spray other areas, then they will need approval of a budget amendment out of the current fiscal year.
Mr. Fisher stated they can request approval for that at the 9/28/04 meeting. He added that to do the entire County is about $200,000 for one flight.
Mr. Flomerfelt stated one of the concerns the residents have is the County has some no spray zones. Truck spraying can adequately cover the areas and not disturb the people.
Upon inquiry by Chairman McLain, Commissioner Morris advised he has only received one call from a resident in Black Hammock relative to aerial spraying.
Commissioner Maloy stated he feels that in order to get to the root of the problem, you will need to treat the soil before plants are put in.
Chairman McLain stated he would like to see a more aggressive mode of mosquito control in some of the areas that will benefit areas of denser population.
Mr. Flomerfelt stated staff will step up those items and they will come back to the Board to update on how they are proceeding.
Commissioner Maloy stated he wouldn’t mind having some information for individual property owners relative to treating standing water on their property.
Mr. Fisher stated the Health Department has recommended that an education element be done letting people know that they can do their own property to keep the mosquitoes down.
Upon inquiry by Chairman McLain, Mr. Reagan advised anyone could buy larvicides at Home Depot.
Mr. Flomerfelt stated you can buy commercial items at Home Depot as well.
Upon inquiry by Commissioner Morris, Mr. Flomerfelt advised he spoke to Mr. Jeffries of FEMA today and he will contact his Orlando District office to see if the County can get reimbursed for this.
Upon inquiry by Chairman McLain, Bob McMillan, County Attorney, stated he doesn’t know if the County can provide larvicides to property owners, but he will find out.
Chairman McLain stated he believes the residents could contact the Ag Extension Office to obtain information relating to where to obtain it and the amount they need based on the size of the pond.
Mr. Reagan stated as far as truck spraying, the cities are notified of the County’s proposed schedule and relative to the aerial spraying, they keep in contact with the contractor.
Commissioner Morris stated if you are only spraying with trucks you are only knocking down a certain amount of the population. The minimal plan the County has is only window dressing and he has not seen anything that coordinates with the cities relative to notification or going into a variety of areas.
Mr. Flomerfelt stated the County’s contractor tracks through GPS and he has a printout showing where they turn on and off the spraying.
Upon inquiry by Mr. Grace, Mr. Flomerfelt advised most of the cities buy their own supplies and do their own spraying.
Mr. Grace suggested scheduling a meeting with the cities to coordinate as much as they can.
Commissioner Morris stated he feels there will be many phone calls in a couple of weeks from residents complaining about the mosquitoes.
Mr. Grace stated he agrees that it is a problem and they can pull the cities together to maximize their combined resources.
Upon inquiry by Chairman McLain, Mr. Reagan advised each city has some type of mosquito contractor spray plan.
Chairman McLain stated he feels the County needs to coordinate with the cities to see where they are spraying and turn it over to the County’s contractor. Discussion ensued.
Mr. Grace stated the County is going to have to do some aerial spraying, but in the meantime, they will focus on the larvicide and truck spraying and coordinate with the cities. He stated staff will refine this between now and the next meeting, and they will bring back specific recommendations of how much money it will take to do it.
Chairman McLain stated he feels the County needs to focus on the education side as well.
Mr. Grace stated staff will come back with an update at the next Board meeting.
Mr. Grace submitted a handout (received and filed) relative to the Charter Amendment regarding the Community Information Campaign. He stated he would like to get some feedback from the Board to see if this is enough or if they want to do more on it. He said he would recommend using color printing instead of black & white for the ballot language brochure.
Upon inquiry by Commissioner Maloy, Mr. Grace advised this is basically the same approach they have been taking.
Upon inquiry by Commissioner Morris, Mr. Grace advised he doesn’t know why ads for the Sanford Herald isn’t on the program, but he will add them to it. He stated he would recommend coordinating the Sustainable Communities Group into the Speaker Bureau.
Commissioner Morris stated they would take a non-advocacy position. The County can give them public information to hand out.
Commissioner Maloy recommended cutting Sunday’s edition from four to two.
Motion by Commissioner Henley, seconded by Commissioner Morris to adopt appropriate Budget Amendment Resolution #2004-R-162, as shown on page _______, up to $25,000 relative to the Community Information Programs.
Districts 2, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Mr. Grace informed the Board that a Legislative special session will be called in December relative to the hurricane issues. He stated staff is preparing a list of hurricane related projects and they will submit it to the Board at the next meeting or two.
Mr. Grace requested that Phil Stalvey update the Board on Volunteer Florida. He stated the Governor has advocated this group in order to raise funds for hurricane victims. What they want to do is use the Counties as distribution outlets for the monies. Staff is requesting a budget amendment to accept the initial distribution of that, which is $50,000.
Phil Stalvey, Community Services, addressed the Board to state no administrative costs will be taken out. He stated there will be a separate grant made available at a later date. The Committee is made up of the required members: Red Cross, Salvation Army, and United Way. There will be local participation from Meals on Wheels, Harvest Time International, Christian Sharing Center, Catholic Charities, Seminole Community Volunteer Program and the County’s own Community Development Department. The only restriction on the money is not to support other funds.
Upon inquiry by Chairman McLain, Mr. Stalvey advised they will probably receive the monies within a week. He stated they are targeting up to 200% of poverty for emergency needs caused by the hurricane.
Upon further inquiry by Chairman McLain, Mr. Stalvey advised it is financially qualified up to 200% of poverty. The Community Assistance Program is working with the nonprofit organizations and they expect to get $200,000 out of the initial $4 million donated. They are distributing the money based on FEMA’s application. They are getting the word out through SGTV and the State is asking individuals that if they want to donate, they can do it by calling 1-800-FlHelp-1 or go online at www.flhurricanefund.org.
Motion by Commissioner Morris, seconded by Commissioner Henley to accept the monies from the Florida Hurricane Relief Fund to assist in rebuilding after Hurricanes Charley and Frances; and adopt appropriate Budget Amendment Resolution #2004-R-163, as shown on page ________, in the amount of $50,000 for same.
Districts 1, 2, 4 and 5 voted AYE.
Upon inquiry by Chairman McLain, Mr. West advised staff has received a request to continue Item #43, Rezone to R-1AA, Eric Wills, to the next meeting.
Upon inquiry by Commissioner Henley, Mr. West advised the applicant is requesting the continuance.
Mr. Grace informed the Board that Items #45 Non-Ad Valorem Assessment and #46, Tentative FY 04/05 Budget, need to be first on the agenda.
Commissioner Morris informed the Board that he will not be attending the next Board meeting (September 28, 2004).
The Chairman recessed the meeting at 3:25 p.m., reconvening at 7:05 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Continuation of a public hearing from August 24, 2004, to consider adoption of an Ordinance rezoning approximately 15.65 acres, located on the southeast corner of the intersection of Orange Boulevard and Wilson Road, from R-1AAA (Single-family Dwelling District) to R-1AA (Single-family Dwelling District); as described in the proof of publication, Eric Wills.
Chairman McLain stated the Board agreed this afternoon they would probably continue this item as requested by the applicant.
Tina Deater, Senior Planner, addressed the Board to state the applicant requested (copy of letter was received and filed) to be continued to the next meeting, which will be September 28, 2004.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to continue to September 28, 2004, at 7:00 p.m., or as soon thereafter as possible, the public hearing to consider adoption of an Ordinance rezoning approximately 15.65 acres, located on the southeast corner of the intersection of Orange Boulevard and Wilson Road, from R-1AAA (Single-family Dwelling District) to R-1AA (Single-family Dwelling District); as described in the proof of publication, Eric Wills.
No one spoke in support or in opposition of the continuance.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board considered adoption of the tentative millage rates for FY 2004/05 and adoption of the tentative budget for all funds for FY 2004/05. The First Public Hearing Booklet for the Proposed Budget for FY 2004/05 was received and filed.
Chairman McLain gave preliminary comments, stating this is a public hearing for the purposes of hearing public comments, explaining the proposed budget, amending the budget as desired by the Board, and tentatively adopting the millage rates and County budget for FY 2004/05. He advised that a separate public hearing for public input and adoption of the non-ad Valorem assessment rolls for street lighting districts and municipal services benefit units will follow this public hearing.
Lisa Spriggs, Fiscal Services Director, addressed the Board to read into the Record (page 6 of the Budget Booklet) that the proposed Countywide millage rate for FY 04/05 is 4.9989, a 4.8% increase over the rolled-back rate of 4.7709; County Debt Service Millage Rate for Environmentally Sensitive Lands is .0795 and for Trails Development is .0926; Special District Fire/Rescue MSTU proposed rate is 2.6334, 4.7% increase over the rolled-back rate of 2.5150; Special District Unincorporated Road MSTU is .1228, 5.2% increase over the rolled-back rate of .1167.
Mr. Grace stated this is the second year of the two-year budget process. The proposed budget is balanced and maintains a stable millage rate. He advised that as a result of Hurricanes Charley and Frances, the County will be incurring millions of dollars in unanticipated expenses. Although he expects a large majority of the costs to be reimbursed by Federal and State agencies, there will likely be some financial burden for the County to bear. He expects the various contingency reserves to cover most of the additional costs. In an effort to maximize the County’s financial flexibility, he has directed all County departments to identify 5% of their proposed budget to be frozen until such time as the financial impact of the storm becomes clear. This should give approximately $2 million in additional reserves. He is also requesting the Constitutional Officers and the Courts to consider a similar effort. He said he believes the budget represents the priorities of the Board and the community. The tentative proposed budget for FY 2004/05 is $587,627,523.
Ms. Spriggs referred to page 9 of the Budget Booklet showing the summary of the proposed budget with what was presented to the Commission during the budget work sessions, the adjustments, and the first public hearing amounts. She stated the General Fund Budget is $267,056,362; the Special Revenue Fund totals $190,248,270; the Debt Service totals $9,858,447; Capital Projects Fund totals $2,971,646; Trust Fund totals $136,084; Enterprise Fund totals $105,237,784; Internal Service Fund totals $12,118,930; for a total Countywide budget of $587,627,523.
Ms. Spriggs stated there is a proposal for the purchase of a 30,000-gallon underground fuel tank storage. This was identified after the hurricanes.
Ruth Alfson, Fleet Manager, addressed the Board to state due to the storms, staff identified a need for an additional underground diesel tank at the Five Points location. She said they found that during storm preparation and the immediate clean-up time afterwards, diesel gasoline is very hard to obtain. The County did use over 20,000 gallons of diesel in the 24 hours immediately preceding and following Hurricane Charley. Because of this, staff identified a need for extra storage of the diesel gasoline in order to keep the County running.
Ms. Spriggs explained the $225,000 proposed for the fuel tank is funded through the General Fund. Since the tank will be utilized for diesel storage, staff will replace the funding out of the user department funds for Environmental Services, Fire Protection, and the Transportation Trust Fund. Staff will have this changed for the next budget hearing. She advised Commissioner Henley that this surplus amount would go back into the General Fund Reserve.
Patty Cummings, Budget Manager, addressed the Board to review the adjustments as summarized on pages 11 through 14 of the Budget Booklet.
Commissioner Morris discussed the defibrillators. Mr. Grace said he authorized putting in $25,000 for the defibrillators, but they may need more than that. A committee is looking at this and as that comes back, if more money is needed, he will bring that issue back to the Board.
Ms. Spriggs answered Commissioner Henley that the total figure does not include all the rebudgets. She said they included projects that will not start until after Oct. 1. If a project is currently in the process, it will be rebudgeted in the normal process.
Ms. Spriggs answered Commissioner Morris that the overtime amount for Information Services is budgeted in the General Fund and will be charged back to the various user funds.
Commissioner Morris asked Mr. Grace to discuss the new positions that were requested (page 26 of the Budget Book), excluding the Constitutional Officers. Whereupon, Mr. Grace said that total is 17. He explained the approach he is proposing regarding a freeze is rather than to pick out specific or new positions/projects, he will have a budgetary goal of 5% across-the-board. He would let the Department Directors/Managers come up with how they are going to freeze that 5%. He estimates this will generate between $10 and $13 million, depending upon whether the Constitutional Officers will participate. He said staff discussed the worst-case scenario of what the County might be responsible for and it’s estimated between $10 to $15 million. He identified there is about $7 million in the General Fund Reserves, $9 million in the Solid Waste Reserves, and $4 million in the Transportation Reserves for a total of $20 million. He said there is a substantial number of other ways they could fund this. The 5% freeze generates another $10 to $13 million. That would be over $30 million to address the potential $15 million.
During further discussion on the positions to be frozen, Mr. Grace said if there are some critical positions, he could bring those back to the Board to fill. Commissioner Morris said he does not want to lose sight of what the County Manager is doing. He asked him to discuss how he would bring back before the Board those frozen positions and how he would bring back the number of hires. He explained what the departments decide may not be what the Board, by policy, believes is critical. Mr. Grace said he can provide the list of the 5% frozen items and if there is something the Board is concerned about, they can bring that up.
Chairman McLain stated he thinks it would be most appropriate for Mr. Grace to bring to the Board the proposed cuts for their review to make sure there are none the Board could not tolerate.
Commissioner Henley stated he doesn’t agree that the Contingencies are in good shape. He said they are not into the new fiscal year yet and they are already talking about having used up the Contingency. If everything works out with the Federal Government and the State, they are looking at $12 million and there is only $6 million in the General Fund. If they have to use that up in the next couple months, they won’t have anything in reserve for the remainder of the year.
Mr. Grace advised he had not made contact yet with all the Constitutional Officers.
Commissioner Van Der Weide said maybe after this first public hearing they should hold a work session and redirect staff at that time. Discussion ensued by Commissioner Morris.
Chairman McLain said they should prepare for the worst and if, in the first quarter of the next fiscal year, they need to rebudget and add some things back in, they can do that after they know what the impacts are. He thinks it is important that Mr. Grace bring back at the next meeting those 5% cuts so the Board can see exactly what they are. The Board needs to look at the new positions and see if there are any that are absolutely necessary. The others could probably be set aside until the second quarter of next year. Commissioner Henley agreed with that. Discussion continued.
Gloria Wade, 303 Altamonte Bay Club, addressed the Board to state the Board has not yet tackled the problem of pet overpopulation, and this problem needs attention soon. In November, 2003, the Humane Society of the United States (HSUS) toured the Seminole County shelter. Their evaluation disclosed that the current Animal Services facility is outdated. Not only do the animals need to be spayed and neutered, but also they need acceptable housing to control the spread of disease. Last year, the SPCA felt a spay/neuter clinic was all that was needed. They realize now that a new shelter is needed. They would appreciate if the Board would think about that in the near future.
Gail Nagan, 303 Altamonte Bay Club, addressed the Board to state Seminole County has the second highest median household income in Central Florida. However, when it comes to animal services, Seminole County is one of the most disadvantaged in the nation. The County not only needs at least one full-time veterinarian, but a spay/neuter clinic and a much larger shelter. The insufficiencies have become too big for band-aid solutions. She asked the Board to give serious consideration regarding the budget shortfalls and inadequacies of the animal services facility.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Chairman McLain summarized the consensus of the Board is for a budget with the current millage as presented with a 5% freeze in programs. That 5% is to be brought to the Board for their review. There is also a freeze on all positions, and at the next budget hearing, the Board will listen to arguments about whatever positions they think are necessary.
Mr. Grace indicated he would hold a follow-up budget related meeting in November or December.
Chairman McLain said prior to the meeting in November, any vacant positions would come before the Board prior to filling. He said the Board is talking about a freeze for 90 days to assess the circumstances. They will reevaluate the budget at the end of that period to see what the financial responsibilities are to the shortfall of FEMA and State funds.
Commissioner Henley asked Mr. Grace to provide the Board with the list of vacancies.
Commissioner Morris stated the two people who spoke about Animal Control made excellent presentations. He said last year, the Board was highly complimented in the budget sessions for reversing the trend in animal control. He believes the issue raised is one he doesn’t see happening this year but is what they need to bring back for the next budget year.
Mr. Grace said the Task Force that served last year is being reactivated through the Animal Control Board to make specific recommendations to the BCC as to which of the report recommendations the BCC should implement. This should come to the BCC in a couple of months.
Ms. Spriggs read into the Record the following proposed millage rates: Countywide General Millage, 4.9989, a 4.8% increase over the rolled-back rate of 4.7709; Special Districts: Fire/Rescue M.S.T.U., 2.6334, a 4.7% increase over the rolled-back rate of 2.5150; Unincorporated Road M.S.T.U., .1228, a 5.2% increase over the rolled-back rate of .1167; Environmentally Sensitive Lands Debt Service, .0795; Trails Development Debt Service, .0926. The proposed aggregate millage rate, exclusive of voted debt service millage, is 6.6913, which represents a 4.79% increase over the aggregate rolled-back millage rate of 6.3854.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt the tentative millage rates as read for Fiscal Year 2004/2005.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt the tentative budget for all funds for Fiscal Year 2004/2005 as originally presented to the Board of County Commissioners by the County Manager in his official capacity as Budget Officer (per Florida Statute 129.025) and subsequently amended as the proposed budget of the Board of County Commissioners; acknowledging that the comments made earlier will be addressed at the next public hearing.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain announced that the second public hearing to take final action on the millage rates and budget for 2004/2005 is scheduled for September 28, 2004, at 7:00 p.m. in the Board of County Commissioners’ Chambers.
Proof of publication, as shown on page _______, calling for a public hearing to consider approval and authorization for the Chairman to execute a Resolution and Certificate adopting the Non-Ad Valorem Assessment Roll, received and filed.
Kathy Moore, MSBU Program Manager, addressed the Board to present the request for approval.
Commissioner Morris left the meeting at this time.
Commissioner Maloy advised of two letters received from a couple of citizens. Ms. Moore stated she had received copies of those letters and staff will make any corrections necessary.
No one spoke in support or in opposition.
Commissioner Morris reentered the meeting at this time.
Motion by Commissioner Henley, seconded by Commissioner Maloy, to approve and authorize the Chairman to execute Resolution #2004-R-161, as shown on page _______, and a Certificate, as shown on page _______, adopting the Non-Ad Valorem Assessment Roll.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain recessed the meeting at 8:00 p.m. and reconvened it at 8:12 p.m.
Continuation of a public hearing from August 10, 2004, to consider approving transmittal of a Large Scale Land Use Amendment from Office to PD (Planned Development) to the Florida Department of Community Affairs, and rezoning from A-1 (Agriculture) to Planned Unit Development (PUD) on approximately 27.2 acres, located on the northeast corner of Orange Boulevard and CR 46A, Justin Pelloni, received and filed.
Ms. Deater presented the request, stating staff has it and based upon the findings, they believe it is compatible with the surrounding land uses, subject to the proposed development order. However, staff received a formal objection from the School Board based upon capacity issues. They have also received objections from the Regional Planning Council and the Department of Community Affairs related to school capacity and consumptive use permit capacity on a similar project to the north in the Heathrow International Business Center. Staff is anticipating that these same issues will arise with this proposed project at the time it is transmitted to the Department of Community Affairs.
Since submittal of the staff report, there has been some progress made with regard to the water issues. The applicant met with the St. Johns River Water Management District and the County Environmental Services Department and they have developed potential options for addressing the evidence for additional water capacity. A final solution has not been agreed upon at this time. A memo from the project engineer to the St. Johns River Water Management District and the District’s response have been distributed to the Board (not received and filed).
Ms. Deater said the applicant met with the School Board on August 10 and the School Board voted to oppose the project with the provision that if the County chooses to approve it, it should be conditioned upon the developer prepaying impact fees upon site plan approval and the restriction prohibiting the operation of a rental community.
Based upon the existing uncertainties, staff is recommending the continuance of the proposed rezoning and large scale use amendment and preliminary master plan to the Spring 2005 amendment cycle in order to allow the applicant time to address the school and water capacity issues. Staff is also recommending a continuance to allow them time to complete the study of the long-term fiscal impacts of converting office land use to residential. She stated if the Board wishes to transmit the amendment at this time, staff recommends it be subject to the Preliminary Master Plan and Development Order in the staff report. She advised the applicant submitted a letter (copy received and filed), previously distributed to the Board, stating three additional conditions of approval as follows: (1) issuance of a consumptive use permit by St. Johns River Water Management District enabling the construction of an on-site water treatment plant; (2) prepayment of school impact fees prior to the issuance of a site plan construction permit; and (3) a restriction prohibiting the development or operation of a rental apartment community.
Upon inquiry by Commissioner Henley, Liz Blackburn, Environmental Services, addressed the Board to state they don’t have a request from the applicant for consumptive use, but they have a demand estimate that would be about 86,000 gallons a day.
Upon inquiry by Commissioner Morris, Matt West, Planning Manager, addressed the Board to state if this is transmitted, he expects the St. Johns District will raise questions and possibly objections over the net increase in potable water consumption and ask how the County proposes to resolve that and ask not to adopt until they have the answer. They could also anticipate the same thing with the School Board issue. He is not sure what would happen with the economic element as it is a voluntary one. He advised whether DCA objects or not, the BCC still has the option to deny the request.
Jim Pelloni, applicant, 300 Spalding Cove, Pelloni Development Corp., addressed the Board to show a photograph (received and filed) of the property in question, adjacent properties, and several of their other projects in the area. He explained they decided the perfect use of the property would be an upscale multi-family that provided people the chance to own. He described their plans and market for the project. He said they have a time constraint and don’t know if they can keep the same assemblage if they have to wait until next spring. He made a PowerPoint presentation (copies received and filed) first discussing the HIP District and stated this property does not fall within that district. He showed a graphic map (received and filed) from Seminole County’s Vision 2020 Comprehensive Plan showing the site is not in the HIP District. He discussed the water availability issue. He stated John Martin of his office had written a letter to St. Johns and St. Johns responded that the proposal of a package plant is acceptable. He also understands that according to conversations Mr. Martin had with the County’s Water and Sewer Department, this is an acceptable concept at this time. Regarding the traffic issue, Mr. Pelloni said there is 50% less traffic impact with this project. He said they do not expect the School Board’s support, and it is likely the School Board will reject this project as well as any others like it. They are aware of the request for them to pay school impact fees at the time of site plan approval, and that they restrict rental apartment development. He said they agree to those conditions and he sent a letter (copy received and filed) to Mr. West advising that. On the economic affect, Mr. Pelloni said the County would collect more taxes if this were a residential project. He further discussed the topics of “Jobs/Homes Ratio”; “Intangible Effect”; “Additional Points of Neighborhood Support, Contingencies, and Precedent.” He said he is unaware of anyone who has not supported this project. He advised the Board that they would also accept the contingency that the St. Johns District approves a more advanced plan. He said his family members live within two miles of this property and it matters to them how this works out. He likes this proposed project better than what could be some of the alternatives if they don’t proceed with this kind of development. Given the sequence of events and timing of the issues and timing of DCA, he would appreciate if the Board could find a way for them to proceed.
Commissioner Henley stated he met with Mr. Pelloni and his sons the other day and he has no doubt they would build a quality product in that area. At that time, he discussed his concerns for the water issue, density, and impact upon the schools. He said it concerns him that St. Johns would not increase the CUP for Seminole County when requested about a year ago, and now they are willing to allow additional CUP’s to be allocated to a developer in the same aquifer. The other thing that concerns him regarding the job/home ratio mentioned of 1.83 jobs per family is that if they go with 320 units, that’s about 585 jobs that would need to be created. He is sure that no one would buy into the project who doesn’t already have a job.
In response, Mr. Pelloni stated Seminole County has established the requirement that when they have capacity, he would be required to use that. He said that is acceptable to them also.
John Martin, Kimley Horn, addressed the Board to respond to the water issue. He summarized his meeting with the St. Johns District, at which time they said the Consumptive Use Permit would be an acceptable alternate source of water for the project.
Justin Pelloni addressed the Board to state Mr. West had advised them that the package plants were high maintenance, especially after the hurricanes. He said no matter what they do, they will have to pay for the infrastructure to support the development. At any time the County requests them to hook up to County water, they will do that and abandon the package plants and maybe donate that to the County for the rural area.
Bob Adolphe, Environmental Services Director, addressed the Board to answer the question by Commissioner Henley concerning the balance of the reserves in that quadrant. Discussion ensued.
Commissioner Morris disclosed he also met with the Pellonies and discussed the proposed project. He asked Mr. Pelloni to discuss the nature of the development. Mr. Pelloni explained there will probably be some condominiums and some townhouses.
Commissioner Morris stated precedent setting has been of great concern to him.
Attorney Randy Fitzgerald, Lowndes, Drosdick, Doster, Kantor & Reed, representing the applicant, addressed the Board to state the County’s economic element did not address this parcel because it is outside of the HIP area. She read an excerpt from the Economic Element of the Vision 2020 Plan and said this isn’t setting a precedent. She said the project in Heathrow International Business Center and the Colonial properties are all in the target industry area, in the HIP district. She further read from the staff report that staff completed a residential needs analysis that indicated that by the Year 2020, there is a projected 18,000 residents in the unincorporated areas that will need housing not provided for by the Comprehensive Future Land Use Map. She stated they are saying don’t let the conversion of residential uses happen in the HIP district, but allow it to happen in other areas where it is appropriate, such as this. Discussion ensued with Commissioner Morris.
Ms. Fitzgerald explained that if the units are restricted by age with the potential of not having children, you cannot collect school impact fees from those units. They are proposing a compromise where they would prepay the impact fees to the schools as if they were going to have 76 children, but the reality is they will probably have far fewer.
Diane Kramer, Deputy Superintendent of Schools, 400 E. Lake Mary Boulevard, addressed the Board to state at their August 10, 2004, meeting in addition to the Board unanimously voting to oppose this development, they also unanimously voted to oppose any land use or zoning changes that convert non-residential properties to residential; and to postpone those until the School Board, the County, and the Cities can address the future growth and impact of these changes on the County and the school system.
John Simes, 642 Lakeworth Circle, Co-Chairman of the Heathrow Government Affairs Committee, addressed the Board to state they have met with the applicants and they have tried very hard to address the concerns of the Heathrow residents. He asked that any buildings adjacent to Heathrow be restricted to two stories. He also asked that the access be through CR 46A only and this be included in the development order issued. They feel the project, as proposed, is a good transition.
Richard and Charlotte Gauss, 1000 Terrace Bono Ct., addressed the Board. Mr. Gauss stated he and his wife have seen the changes that have come and they favor the changes. They feel the development plan by Mr. Pelloni is a much better solution than what staff proposed. He asked why not have a first-class development that even the Heathrow residents have ok’d. He said apparently the School Board doesn’t want any more school children in this area due to overcrowding, but the Pellonies have offered to pay upfront the impact fees. The school needs can be improved as the project is developed, and if that is not enough, increase the impact fees for all developers.
Linda and Jeff Welker, 1129 Orange Boulevard, addressed the Board to state they are asking for the Board’s support for the Pelloni project for the reasons they believe it is the perfect use of this land and they would also be a desirable neighbor to the Colonial Apartment Complex. They believe the Pelloni family is the right developer for this land and they have a vested interest in the land’s future. They have proven themselves to the community in the quality of work they have produced.
Cindy Crain, 820 Banana Lake Road, addressed the Board to state she has seen this area grow into a very, very busy area. This area has changed tremendously. Her main concern is the amount of water that is requested for this project with the commercial, residential or mixed land use. She agrees the County and School Board should meet with Mr. Pelloni. She would also like to be invited to this meeting. She said if her concerns on all sections could be resolved, she might be in favor of this project.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon inquiry by Commissioner Morris, DCM Don Fisher addressed the Board to state the history of the property as he recalled. He said he doesn’t truly understand what type of precedence is being talked about. The concern from staff is if this is a good design to make. He believes there is more quality and investment in home ownership. If the Board decides to transmit this, staff will do everything they can to get the issues resolved between now and December. He doubts staff will have 100% of the evaluation done by that time.
Commissioner Morris stated he thinks the applicant would be at an extreme risk if the Board moves forward, but it does give the opportunity to resolve these issues.
District Commissioner McLain stated on the economic viability, when you have a large commercial/office development, you have to have the infrastructure and residential community to support it. They have tried to make the transportation element one that will allow people to work near and around their home to enjoy the recreational and entertainment amenities there. He thinks they need to think about all the jobs they are creating in the HIP area. If the jobs continue to come, where will the people live and will they now have to move to another community farther away and exacerbate the problem on I-4. When you look at the map, it is clear to him that residential use on that parcel is much more compatible than office would be. He thinks residential use is probably the best use. It is a quality developer that lives in the community. Regarding water, he thinks the developer is doing all he can to make sure they can obtain the extra 40,000 gallons a day. He thinks prepayment of the school fees is important, if that could be done. He thinks they need to take a more global look as to how this will develop. He also thinks the two issues spoken to by the Heathrow residents should be included in the development order (that is, no access onto Orange Boulevard and any buildings along Orange Boulevard will be restricted to two stories). He does not have a problem with giving this developer the opportunity to pursue the project and solving these problems between now and December. He thinks this is a quality project. He asked for a motion to transmit to DCA with the knowledge that these issues will have to be addressed when the project comes back in December.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy, to transmit to the Department of Community Affairs the request for a Large Scale Land Use Amendment from Office to PD (Planned Development), and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) on approximately 27.2 acres, located on the northeast corner of Orange Boulevard and C.R. 46A; as described in the proof of publication, Justin Pelloni, with conditions in the Development Order, as shown on page _______, and the contingencies brought up by Mr. Pelloni; namely, the conditions on the Consumptive Use Permit, prepayment of school impact fees, no rental units, no CR 46 accessibility, and no more than two-story buildings fronting on Orange Boulevard.
Commissioner Morris said all things being equal, he thinks this would have been better if all the information had been explored prior to going to P&Z. He asked staff to move forward very promptly on the items they discussed. He stated he is concerned about the School Board’s concern. With respect to the package plan and St. Johns, the risk is in the developer’s hands. In December when this comes back, the Board will consider these issues. He said he would support the motion under those qualifications.
Commissioner Henley said he supports transmitting to DCA, but he will have difficulty supporting a package plan as a solution. He hopes the developer can work something else out.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain recessed the meeting at 9:32 p.m. and reconvened it at 9:43 p.m.
LARGE SCALE LAND USE AMENDMENT
Continuation of a public hearing from August 24, 2004, to consider approval of transmitting a Large Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD), and Rezone from A-1 to PCD on approximately 44 acres located east of Mikler Road and south of Red Bug Lake Road at the Slavia Road intersection; as described in the proof of publication, Javier E. Omana.
Jeff Hopper, Senior Planner, addressed the Board to present the request, stating staff recommends transmittal and approval to rezone. Since the staff report was prepared, the applicant and the Red Bug Coalition have reached an agreement, submitted tonight as Conditions A-P (copy received and filed).
District Commissioner Maloy stated several meetings were held and he spent a lot of time talking to the applicant and the Coalition. There were a lot of good ideas expressed. The conditions were discussed by both parties and they agreed. He said the architectural and landscape details would be for the Board to approve in December. The Board will get more details back before that occurs.
Javier Omana, applicant’s representative, addressed the Board to state they concur and acknowledge the recommendation to transmit.
Greg Pryor, Red Bug Coalition, 1478 Thornhill Circle, addressed the Board to state they agree with the conditions. He thanked the Commissioners who took the time out of their schedule to meet with them and give candid input.
No one else spoke in support or in opposition.
Speaker Request Form for Mr. Pryor was received and filed.
Numerous fax letters and emails in opposition were received and filed.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to transmit the request for a Large Scale Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD), and Rezone from A-1 to PCD on approximately 44 acres, located east of Mikler Road and south of Red Bug Lake Road at the Slavia Road intersection; as described in the proof of publication, Javier E. Omana, with new Conditions A-P as agreed upon and distributed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of a major amendment to the existing Deer Run PUD agreement, and enact an Ordinance for a rezone from PUD to PUD, and approve the final Master Plan for 3.6 acres located on the west side of Daneswood Way between South Eagle Circle and the Deer Run Country Club Clubhouse, subject to Addendum #8 of the Developer’s Commitment Agreement, Thomas Daly, received and filed.
Ms. Deater presented the request, stating staff is recommending approval subject to the conditions in Addendum #8 of the staff report. She advised the P&Z recommended denial by a vote of four to one. Ms. Deater pointed on a map where the site is located and showed which sites are designated as multi-family.
Upon inquiry by Chairman McLain, Ms. Deater responded to Brian Small’s email that the golf course is not in view because of the trees and two tennis courts.
Tom Daly, the applicant’s representative, 913 W. Pennsylvania Avenue, Winter Park, addressed the Board to show an aerial (received and filed) of the existing condition of the property; a picture of the entrance drive; another picture of the old building and other pictures of the golf course and trailer (not received and filed). He advised Commissioner Henley that there are a number of multi-family properties in the area and he identified those on the map in the staff report. He advised the proposal is for 26 town homes. He responded to Commissioner Morris that it will be a dry pond and the Association for this community will maintain it. They will put conditions on that and will have landscaping around the retention pond that will be mostly trees.
Commissioner Morris asked that the lighting would be non-intrusive lighting on the street and on the backs of the houses. Mr. Daly said they could agree to that.
Mr. Daly said he met with the neighbors in the fall of 2003. He had a neighborhood meeting on July 20 with approximately 30 people in attendance. Prior to the P&Z, he met with one of the property owners and discussed setback and buffer issues. Some of the issues the residents brought up at the P&Z and the neighborhood meeting were setbacks, lighting, and the possibility of rentals. He said they can’t prohibit rental, but with the character and quality of the project, he doesn’t foresee many renters. Values were one concern and the building heights were another. He said these are all two story buildings. On the issue of the retention pond, it would be a dry pond so they will not have mosquitoes breeding in it. He advised the only condition from the staff report they would like to change is the provision of no balconies facing the southern property line. He showed a picture (received and filed) of the units with recessed balconies. He asked if the Board could strike that condition. He discussed switching the design plan of the buildings to face toward the greens and not have any balconies. He explained this might work if he could get the Fire Department to go along with moving the cul-de-sac.
Greg Bogumil, 1517 Southwind Court, President of the Eagle’s Nest Homeowners Association, addressed the Board to state the developer will have to rezone approximately three acres of land as residential. He submitted a Petition, as shown on page _______, in opposition to the request. He said the residents of Eagle’s Nest are strongly opposed to rezoning the land. He believes constructing town homes is the wrong way to recoup some of the money. He said the height of the town homes would significantly affect them. He stated the town homes lighting and parking lot lighting would be a nuisance to them. He said only single story houses are being developed in this area. He doesn’t feel the 26 units are worthwhile to put in to change their existing neighborhood. He showed a picture (received and filed) of height equal to 16 feet showing the pool and back of a homeowner’s house and said that would be their view. He said the town homes are being built at a much higher density than other surrounding neighborhoods. The proposed plan does not limit the balconies on the second stories. This will allow more noise. The site plan shows the tennis courts where the town homes are planned. They would rather some other recreational facilities be built. The proposed retention pond would breed mosquitoes. The town homes will likely become rental units, and this would be a hazard to their safety. They do not want to alter the value of their homes or lives. They are opposed to building two-story town homes on this site. If something has to go in, it should not be two stories because that does not fit with the area.
Ms. Deater advised the Board that there was never a formal amendment to the PUD that allowed the trailers to go in. The plan in 1988 shows that the golf course expansion was approved. The records don’t indicate anything about an expiration date.
Mr. Fisher stated the trailers and mobile homes were constructed commercially and no time frame was assigned to the units. This was determined to be a permitted use within the zoning category for the golf course.
Commissioner Morris discussed having an island in the middle of the cul-de-sac.
Mahmoud Najda, Development Review Manager, addressed the Board to advise staff objected to the island because they had concern about fire trucks making a turnaround.
Commissioner Morris said on this kind of issue, he thinks the Board needs to make some policy decisions.
Dana Giesler, 288 Fallen Palm, addressed the Board to state with this rezoning she would see from her back yard a green, the side of a condominium, and a turnaround. She said she can tell by the way this plan is for the land use that the vast majority of trees will be gone forever. She feels very strongly the Board should reject the rezoning and, at a minimum, shrink the complex in height and size.
Rusty Fenmore, Apple Court, addressed the Board to state his house was reappraised at $216,000.
Valerie Gillis, 1520 Southwind Court, addressed the Board to state she would be one of the homeowners mostly impacted from this project with the view. She said her house was sold as a golf course lot. They will definitely not have the same view. With two small children, she is very concerned with the view that others could look into her back yard.
Raylene Arft, 1516 Southwind Court, addressed the Board to state her back yard would be looking into the town houses. She can now see trees and greens from her house, and she would hate to see that ruined. It is now very quiet and tranquil and she would hate to see that changed. She said maybe the developer can do something else besides town houses.
Bryan Small, 1528 Southwind Court, addressed the Board to state the last project the Board dealt with, they worked together and came up with an alternate. He would love to work together to come up with something like that. He said with this project, the traffic will be changed, what they will be facing would change, and the lifestyle would change. He would like to work out some other solution.
Bob Dello Russo addressed the Board to state he wants to bring up the issue with regard to people coming on the land at night and partying. When the golf course was closed, the view was 3” grass. The applicants have spent well over $1 million to clean up and make it a beautiful place. There were a lot of issues with kids going back and partying at night, and they have run people out of the area. He thinks what the developer has done is a pretty nice project. What they are going to do will be “top shelf stuff”; it will not degrade the values.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Maloy stated in looking at this, some of the concerns he thinks are valid and some not so valid. When you drive by this area, it is not well maintained and he thinks this project will be an asset. He is concerned about the cul-de-sac and would like to have the opportunity to continue the hearing for two weeks to meet with staff, the applicant, and the Homeowners Association President to see if the project can be tweaked.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to continue to September 28, 2004 at 7:00 p.m., or as soon thereafter as possible, the public hearing to consider approving the major amendment to the existing Deer Run PUD Agreement and enact an Ordinance for a rezone from PUD to PUD, and approve the Final Master Plan for 3.6 acres located on the west side of Daneswood Way between South Eagle Circle and the Deer Run Country Club Clubhouse, subject to Addendum No. 8 to the Developer’s Commitment Agreement; as described in the proof of publication, Thomas Daly, in order to allow time to obtain more input.
Under discussion, Chairman McLain said the Board would not open up the hearing for comments.
Commissioner Henley asked how many single family units could be placed on the property. Ms. Deater responded that currently the property is not designated as single family but as a golf course and no houses are allowed.
Commissioner Morris reminded the Board that he would not be present at the next Board meeting.
Districts 1, 2, 3, 4 and 5 voted AYE.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 10:46 p.m., this same date.
ATTEST: ____________________ Clerk ___________________ Chairman