BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 25, 2001
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:35 a.m. on Tuesday, September 25, 2001, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Dick Van Der Weide (District 3)
Vice Chairman Randy Morris (District 2)
Commissioner Grant Maloy (District 1)
Commissioner Carlton Henley (District 4)
Commissioner Daryl McLain (District 5)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
The Invocation was given by Pastor Wes Tanksley, Church of God, Sanford.
County Attorney, Robert McMillan, led the Pledge of Allegiance.
Motion by Commissioner McLain, seconded by Commissioner Morris to adopt
appropriate Resolution #2001-R-155, as shown on page _______, in support of
President George W. Bush as he works with the national security team to defend
the United States against additional terrorist attacks and find the
perpetrators to bring them to justice.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate
Resolution #2001-R-152, as shown on
page _______, commending Bob Chorvat, Parks
& Recreation Manager, for his twenty-one years of services to Seminole
County, upon his retirement.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Chorvat who expressed his appreciation.
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Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt
appropriate Resolution #2001-R-154, as shown on page _______, in recognition of
achievement by the Seminole County Department of Fiscal Services in receiving
the Distinguished Budget Presentation Award for FY 2000/2001, awarded by the
Government Finance Officers Association of the United States and Canada.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Director of Fiscal Services, Cindy Hall, and her
staff.
Ms.
Hall publicly thanked her staff, Mr. Grace and the Board.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve and authorize the following:
4. Approve proposed
settlement relating to Edward Griffith property, Parcel Number 112 of the
Tuskawilla Road Phase IV road improvement project located at 190 Tuskawilla
Road, Winter Springs in the amount of $45,000.00 for engineering expert fees
and costs.
5. Approve proposed settlement relating to R.A.K.
Enterprises property, Parcel Number 112 of the Dog Track Road project, located
at the intersection of Charlotte Street and County Road 427, in the amount of
$75,001.00 inclusive of all land value, severance damage, business damage,
statutory interest, attorney fees and expert costs.
Districts 1, 2, 3, 4 and 5 voted AYE.
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County Attorney, Robert McMillan, advised the Sheriff has requested the Board establish a no wake zone along the St. Johns River due to water levels. Copy of the Emergency Ordinance was received and filed.
Commissioner McLain thanked the Sheriff and staff for moving this forward so quickly. He advised that he has received several calls about this.
Deputy Sheriff Davidson addressed the Board to advise this is affecting about 20 to 25 houses on the Seminole County side. He stated that they are working to amend the Administrative Code so that any time the water reaches a certain level, the no wake zone goes into effect.
Motion by Commissioner McLain, seconded by Commissioner Henley to adopt Emergency Ordinance #2001-37, as shown on page _______, establishing a temporary idle speed/no wake zone along the St. Johns River within Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
DCM, Sally Sherman, addressed the Board to advise there are some funding reductions that have been proposed by the State Legislature, which will have an impact on the County’s budget.
Assistant County Attorney, Steve Lee, addressed the Board to advise the two reductions that have the most direct impact on the County is the health care increase in nursing homes, which will impact the County in the amount of $2.69 million; and juvenile justice in the amount of $345,000. He said he is sure the Florida Association of Counties will be following this closely and asking for the County’s support to oppose these items.
Commissioner Morris suggested the Chairman send a letter to the Legislative Delegation showing the specific costs and letting them know that the County is facing the same reductions in revenue as the State is.
Mr. Grace stated he can draft a letter for the Chairman’s signature.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize the Chairman to send a Letter, as shown on page _______, to the Legislative Delegation opposing the reduction in funding for the nursing home costs and juvenile justice costs.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Lee advised of a request from Russ Hauck, LYNX Chairman, asking for the County’s support for additional Federal funding for LYNX.
Motion by Commissioner Maloy, seconded by Commissioner Henley to authorize the Chairman to send a Letter, as shown on page ________, in support for additional Federal funding for LYNX.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Grace corrected Item #15, Budget Amendment Request in the amount of $2,000,000 for the Public Safety Building, advising the account number should be #00107.
County Engineer, Jerry McCollum, addressed the Board to briefly discuss Item #16, Change Order to FC-168, Tuskawilla Road.
Motion by Commissioner Henley, seconded by Commissioner Morris to approve and authorize the following:
Administrative Services
Risk Management
8. Approve renewal of the Self-Insurance Program through Arthur J. Gallagher & Company, effective 10/01/01, including Third Party Administrator Services with Gallagher Bassett Services, Inc.; and authorize Chairman to execute any necessary renewal agreements, as shown on page ________.
9. Approve and authorize Chairman to execute
Second Renewal and Amendment, as shown on page _______, to the County of
Volusia Interlocal Agreement for Provision of Medical Examiner Services to the
County of Seminole, Florida.
Fiscal Services
10. BCR #01-136 – $117,000 – Planning & Development – Administration – Fund: 10400 – Development Review fund. This accounting adjustment is necessary to transfer funds from Development Review Fund reserves and contingency account into the appropriate capital account for building renovations approved by the Board on July 24, 2001.
11. BCR #01-137 – $15,000 – Public Works – Road Operations & Stormwater – Fund: 13000 – Stormwater fund. Howell Creek Project – Additional funding is needed for further design work, minor plan revisions, and engineering consultation services as a result of a tentative settlement agreement to a lawsuit filed against the County.
12. BCR #01-138 – $30,000 – Public Works – Road Operations & Stormwater – Fund: 13000 – Additional funding is needed as a match for design services related to the Red Bug Outfall project. This project is jointly funded with the SJRWMD as approved by the Board on May 22, 2001.
13. BCR #01-139 – $35,815 – Public Works – Road Operations & Stormwater – Fund: 13000 – Stormwater fund. A payment for construction of the Indian Mound Village project was budgeted in FY 99/00 but payment was delayed until FY 00/01. Request account line transfer of funds to cover the payment.
14. BCR #01-140 – $733,660 – Fiscal Services – Funds: Various. Year end account line cleanup of previously approved items: fund initial interest payment for commercial paper; fund start-up procedures and GASB assistance for new auditors; reconcile funding requirements for witness fees; and reconcile salary requirements for Fire Union negotiations and final payments to reconcile employee severance payments.
15. Adoption of appropriate Budget Amendment Resolution #2001-R-157, as shown on page _______, $2,000,000 – Fiscal Services: 00107 – Commercial Paper Proceeds fund. Recognize proceeds of commercial paper to fund remediation of Public Safety Building. Funding for this project was not anticipated during initial budget preparation.
Purchasing
16. Approve
Change Order #6, as shown on page _______, to FC-168-99/BJC - Tuskawilla Road -
Phase III & IV, with Bergeron Land Development, Inc., Kissimmee (Time
Extension).
17. Accept and
authorize the Chairman to execute the Certificate of Completion, as shown on
page _______, for FC-1105-00/BJC - Wekiva Springs Road & Sabal Palm
Elementary School Access Road, with Southland Construction, Inc. Apopka.
18. Accept and
authorize the Chairman to execute the Certificate of Completion, as shown on
page ________, for FC-1147-01/BJC - Lake Ann Outfall Improvements, with
Cathcart Contracting Company, Oviedo.
19. Approve ranking list for PS-596-01/BJC – Engineering Services for Preliminary Engineering Analysis and Implementation for Subdivision Rehabilitation Program – Phase I, authorize staff to negotiate and award a Contract, as shown on page ________, to Professional Engineering Consultants, Inc., Orlando (Not-to-Exceed $500,000.00).
20. Approve Amendment #3, as shown on page ________, to PS-356-96/BJC – Engineering Services Agreement for Water and Wastewater Master Planning, with PBS&J, Orlando (Time Extension) (Revised Rate Schedule) (Not-to-Exceed $180,000.00).
21. Approve First Renewal and Amendment #2, as shown on page _______, to PS-572-00/BJC – Engineering Services for Markham Regional Water Treatment Plant, with PBS&J, Orlando (Not-to-Exceed $623,505.00.) (October 4, 2001 – October 3, 2002).
22. Approve and authorize the Chairman to
execute the Assignment, as shown on page _______, of PS-534-99/BJC - CDBG
Engineering Services, from Civil Design Group, Inc., Orlando to Ivey, Harris
& Walls, Inc., Winter Park (Consent to Assign).
23. Agreement, as shown on page _______, changes to M-247-01/BJC – Air Quality Consultant Services for the Sheriff’s Office and Public Safety Building Remediation Project, to Bailey Engineering Corporation, Palm Beach Garden (Not-to-Exceed $250,000.00).
Information Technologies
Information Services
24. Approve and authorize Chairman to execute National
Historical Publications and Records Grant No. 89-003, and all related
documents, as shown on page ________, which will allow Seminole County to
compete for $168,500 in grant funds from the National Historical Publications
and Records Commission.
Planning & Development
Administration
25. Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page _______, with the City of Casselberry for infrastructure improvements in the Bayou/Crestview Area of the City of Casselberry.
26. Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page ________, with the City of Oviedo for Phase II of infrastructure improvements in the Avenue B Area of the City of Oviedo.
27. Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page _______, with the City of Longwood for Phase I of the road paving and improvements program in the City of Longwood.
28. Approve and authorize Chairman to execute an Interlocal Agreement, as shown on page _______, with the City of Winter Springs for expansion and improvements to Torcaso Park in the City of Winter Springs.
29. Approve and authorize Chairman to execute time extension amendments, as shown on page ________, to (1) Interlocal Agreement for the installation of a sewer system main line extension along Mulberry Avenue, Peach Avenue and 19th Street and (2) Subrecipient Agreement for the installation of a potable water line extension along Mulberry Avenue, Peach Avenue and 19th Street in the City of Sanford.
30. Approve and authorize the Chairman to execute the following CDBG Interlocal Agreements, as shown on page ________, with the City of Sanford: (1) Installation of ribbon curbs in Goldsboro ($106,000); (2) Phase II of the installation of water line extensions in the Strawberry Avenue Area in Goldsboro ($39,085); (3) Expansion and improvements of Bentley-Wilson Park in Georgetown ($45,000); and (4) Installation of sidewalks in Goldsboro ($100,000).
31. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page ________, with GoldenRule Housing and Community Development Corporation (GoldenRule).
32. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page _______, with Seminole County Victim’s Rights Coalition, Inc.
33. Approve and authorize the Chairman to execute a Subrecipient Agreement, as shown on page _______, with the Rescue Outreach Mission of Sanford, Inc.
34. Approve and authorize Chairman to execute Satisfaction of Lien, as shown on page _______, for Linda Quintero and Waunikta Smith under the Seminole County’s Affordable Housing Assistance Program.
35. Approve
and authorize Chairman to execute Satisfaction of Mortgage, as shown on page
_______, for John & Theresa Eiermann for down payment assistance under the
SHIP Program’s Home Ownership Assistance Program.
36. Approve Final Plat of the Lake Forest Village
Shoppes Lot 3 Replat, consisting of one commercial lot zoned PUD; located in
the Lake Forest PUD commercial development, north side of SR 46, approximately
578+ feet west of Lake Forest Boulevard (Lincoln Property Co./Donald Slee, Jr.,
Representative)
37. Approve Final Plat for Horseshoe Lake &
Creek rural subdivision consisting of 10 lots, minimum 5 acres per lot zoned
A-5; located at the southwesterly side of Curryville Road and south of Lake
Mills Road, east of SR 419 (Carl E. Rose, Representative).
Districts 1, 2, 3, 4 and 5 voted AYE.
CLERK’S REPORT CONSENT AGENDA
Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated September 4 & 11, 2001; and Payroll Approval List, as shown on page _______, dated August 30, 2001.
2. Chairman to execute the following Satisfactions of Judgment for Bail Bond Liens:
Rhonda Leah Croyle, #01003663MMA - $538
Thomas Michael Green, #01-3926-MMA - $538
Willie Lee Hill, Jr., #00001322CFA - $2,038
Mario A. Orellana, #01-1423-MMA - $1,038
3. Chairman to execute the following Satisfactions of Judgment for $40 Public Defender Application Fees:
Gina Marie Bailey, #00001036CFA
Geoffrey Peter Belland, #01000499CFA
Ralph Anthony Broome, #00003209CFA
Eric John Byrne, #00005957MMA
Willie Lee Campbell, #00004299CFA
Robert Clayton Chandler, #00004562CFA
Antonio Lamar Clarke, #99000077CFB
Karen D. Clarke, #01000427CFC
Anthony Coffey, #99000615CFA
Sabrina Ann Engle, #00000365CFA
Christopher Hardy, #00002032CFA
Gwendell R. Holloway, #01000861CFA
Ronald Steven Hubbard, #00003849CFA
Michael S. Hyland, #01002144MMA
Beverly Kay Jordan, #99004744CFA
Michael Dewey Knott, #99001494CFA
Shannon Elizabeth Leonard, #00003626MMA
Timothy Ronald McClay, #00001237CFA
Travis L. McNeil, #99000037CFA
Travis L. McNeil, #98004444CFA + Interest
Shakia Bandice Moffett, #01000473CFB
Kayillsa Mullins, #99003661CFA
Christi Pendarvis, #00002446MMA
David Shane Pherai, #00008311MMA
Dominique Pierre, #00002508CFA
Joseph A. Przygoda, #98001025CFA
Pedro L. Rivera, #00002185CFA
Michael Sheldon Rosen, #99003266CFA
Travis Aaron Schneider, #00004266CFA
Joseph Seraphin, #00003966CFA
Kevin Lester Wright, #00004301CFA
4. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Woodrow Marvin Bergman, Sr., #94002844CFA - $50 + Interest
Bravlio Duran, #01005997MMA - $158
Stephanie M. Edmonds, #92001246MMA - $110
Levi Ian Johnson, #99001306CFC - $352.09 Balance & Public Defender Application Fee
John W. McKague, #91007205MMA - $32.50 Balance
Joel Cali Quitero, #99000119CFA - $328 + Interest
Sean William Wolf, #99008271MMA $578 + Fines + Interest
5. Chairman to execute the following Satisfactions of Judgment for Public Defender Liens:
Herbert Adgar, #98001564CFA - $100
Jeffrey M. Baker, #92002036MM - $75
Sonia J. Brock, #00011262MM - $200
John W. Collins, #01005213MM - $250
David Cordek, #98004483MM - $650
Jamie Levern Dixon, #91002716MM - $75
Jamie L. Dixon, #99012059MM - $200
Justin Engel, #00012826MM - $200
Rene O. Gordon, #00009219MM - $100
Mark K. Hartman, #00000745MM - $200
Randall Hase, #00008052MM - $200
Willie R. Jackson, #98004065CFA - $100
David J. Johnson, #99003608CFA - $200
Seim Landra, #01008711MM - $200
Norman Merizzi, #01000742MM - $200
Joemyl J. Miranda, #00012629MM - $200
William Louis Nichols, #94013394MM - $100
Desiree Pridemore, #01002375MM - $200
Richard Kenneth Rio, #91012018MM - $75
Richard Kenneth Rio, #97002244MM - $100
Richard K. Rio, #97012323MM - $100
David Rose, #01000739MM - $100
Carl L. Ruffin, #01000372MM - $250
Stephen L. Schiff, #00009930MM - $200
Joseph Seraphin, #00003966CFA - $350
Ernest S. Shuler, #99012491MM - $200
Arhmond F. Ward, #93000045MM - $100
Kevin Douglas Ward, #96000933CFA - $200
Robert Franklin Wenrick, #91010537MM - $100
Raymond A. Williams, #00005908MM - $200
Michael Z. Zagrobelny, #01003321MM - $200
6. Approval of Official Minutes dated August 28, 2001.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received and filed”:
1. Notice of Public Service Commission Hearing and Prehearing to BellSouth Telecommunications, Inc. and All Other Interested Persons re: Docket #960786-TP.
2. Operational Audit Report #02-025 of the Universities and Community Colleges Florida Student Assistance Grants for Fiscal Year ended June 30, 2000.
3. Work Order #23, as shown on page _______, to PS-556-00.
4. Recorded Warranty Deed, as shown on page ________, with Ira Southward relating to Rinehart Road Extension Project.
5. Performance Bond, as shown on page ________, in the amount of $197,754 for The Retreat at Wekiva Subdivision.
6. Change Order #7, as shown on page ________, to FC-1105-00.
7. First Amendment to Work Order #1, as shown on page ________, to RFP-484-00.
8. Work Order #5, as shown on page ________, to PS-574-00.
9. Letters from Ginny Markley to the following advising of Board of Adjustment actions held on August 27, 2001: Apostolic Church of Jesus, Inc.; Helen Booth; Lutheran Haven; Thomas Gilchrist; Paul & Christine Mowry; Joe & Marie Buffomante; Bruce Parker; Henry Thomas Patton, III; Michael Porzio; Neil & Sherry Vanorman; David Shrum; Edmoly Plantijn; Charles & Karen Heise; Ernesto Gonzalez; Donna Barnette; James Holland, Jr.; Mark & Kim Tamoney; Michael Davis; Jihad Daher; Emma Catherine Wiggins; Greg & Dawn Trombo; Angel Cestero; Cristopher Sword; David Doyle, Jr.; Tom Saunders; Aladdin Sign & Lighting; James Jens; Curtis Sheffield; Lucienne Elliott; Russell Wilkinson; L.D. Plante, Inc.; Linda Harper; and Stenstrom, McIntosh Law Firm.
10. Change Order #1, as shown on page _______, to FC-1137-00.
11. RFP-4116-01 Physician Services Agreement, as shown on page _______, with Clyde Climer, M.D.
12. Work Order #1, as shown on page ________, to RFP-4109-01.
13. M-257-01 Construction Agreement, as shown on page ________, with Tom Tanenbaum, Inc.
14. Osprey Lakes PUD Developer’s Commitment Agreement, as shown on page ________.
15. Letter to Clerk of Court from Geraldine Zambri, City Clerk of Longwood, enclosing Ordinances #01-1577 & #01-1582 relating to annexing official boundaries.
16. Report #02-022 of Florida Community College System Implementation of Laws and Policies regarding Faculty Hours for the Spring 2001 Term.
17. Right-of-way Utilization Permit Maintenance Bond, as shown on page _________, in the amount of $7,600 for Spolski Off-lex Right-of-way.
18. Communication Tower Performance Bond #81S103546458BCM, as shown on page _________, in the amount of $22,550.
19. Drainage Easement, as shown on page _________, for Spaceport USA, Inc. for I-4 Industrial Park, 3rd Section.
20. M-252-01 Consultant Services Agreement, as shown on page ________, with Award Vacations Corp.
21. Work Order #24, as shown on page ________, to PS-556-00.
22. M-258-01 Appraisal Services Agreement, as shown on page ________, with Florida Real Estate Analysts.
23. Third Amendment to Work Order #1, as shown on page ________, to RFP-461-99.
24. M-260-01 Construction Contract Agreement, as shown on page _________, with The Roofing Connection, Inc.
25. Work Order #12, as shown on page ________, to FC-1139-00.
26. Change Order #1, as shown on page _________, to FC-1123-00.
27. Letter to Dave Ansley, Revenue Program Administrator, from Cindy Hall, Fiscal Services Director, relating Official Notification to Dept. of Revenue regarding Seminole County/Local Option Infrastructure Sales Surtax.
28. Bids as follows: RFP-4123-01; PS-599-01; RFP-4121-01; RFP-4108-01; FC-1156-01; FC-164; FC-1159-01; A/B-3034-01.
Linda Eiland, Insurance, addressed the Board to present request to approve Risk Management Executive Committee’s recommendation (Exhibit #2) with regard to the Employee Benefit Program renewal.
Chairman Van Der Weide stated he, as a member of the Executive Committee, voted for their recommendation; however, since then he has had major concerns and believes the Board should continue with the program as it is currently and not raise the employees’ costs. He added he is not against rebidding this next year.
Commissioner Maloy proposed leaving the co-pay for brand name prescriptions at $15.
Upon inquiry by Commissioner Henley, Chairman Van Der Weide stated he proposes not passing on any of the increased cost to the employees and have the Board absorb that cost. Discussion ensued.
Chairman Van Der Weide stated he feels the increase for the emergency room and the outpatient surgery co-pays makes sense.
Motion by Commissioner McLain, seconded by Commissioner Morris to keep the prescription drug co-pays the same as last year; to continue with the same hospital co-pay; and to implement the increase in the co-pay for emergency room and outpatient surgery.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Maloy, seconded by Commissioner Morris to authorize renewal with benefit carriers for the following: United Healthcare, American Dental, Highmark Life Insurance Co., Zurich Insurance Co., Professional Insurance Co., and Employee Benefits Cooperative, effective January 1, 2002; and to rebid all benefit programs during FY 2001/2002 and authorize the Chairman’s signature if necessary.
Discussion ensued with regard to the dental insurance program. Whereupon, Mr. Grace advised staff will come up with some options regarding the dental plan and come back to the Board during a Briefing.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Planner, Buddy Balagia, addressed the Board to present add-on item regarding Amendment to Covenant to Comply for The Hamlet.
Motion by Commissioner Morris, seconded by Commissioner McLain to authorize the Chairman to execute the amended Covenant to Comply, as shown on page ________, for the Hamlet property.
Districts 1, 2, 3, 4 and 5 voted AYE.
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The Board, thereupon, recessed at 10:15 a.m., reconvening at 10:37 a.m.
COUNTY MANAGER’S BRIEFING
Commissioner McLain stated that with regard to transit service he has received some phone calls of concern about the A-Plus LYNX service in Seminole County and he believes this is an area that they need to focus on to make sure they have an understanding of what kinds of services the County’s disabled population are receiving.
Alice Gilmartin, Planner, addressed the Board to advise the Board directed staff to conduct a Transit Service Options Study to address two questions. They are: Does the current transit services meet our needs? Is LYNX the County’s best choice for providing transit services? She stated this is just a presentation today; staff is not seeking any direction at this time, but will bring this back at the Board’s October 23, 2001 meeting for action.
Tim Jackson, Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, addressed the Board to give a PowerPoint presentation (copies of slides were received & filed). He discussed the following as depicted on the slides: Existing Transit Services in Seminole County; LYNX Fixed Routes/Ridership Statistics; LYNX Fixed Routes/Current Travel Patterns; Seminole County Transit Funding Sources; and LYNX Costs for Seminole County.
Upon inquiry by Commissioner McLain, Byron Brooks, Executive Director of LYNX, addressed the Board to discuss Seminole County’s portion of the fare box that is credited toward the cost of the hourly rate.
Commissioner McLain stated he is concerned that a person can get on a bus in Seminole County for a $1.00 and ride to Orange County and then transfer to another bus to go to Osceola County. He said he does not believe there is enough of a commitment from the rider. Discussion ensued.
Upon inquiry by Commissioner Henley, Mr. Brooks advised the fare to the rider has increased five times since 1977. Commissioner Henley stated he believes the riders should contribute more toward the cost of this.
Mr. Jackson continued with his presentation, discussing the following slides: Administrative Options; Typical Transit Agency Funding; Transit Agency Start-up Costs; Evaluation of Administrative Options; Recommended Service Improvements; Community Perceptions/Key Leader Interviews; Fundamental Needs/Areas of Greatest Need; Fundamental Needs/Service Area Improvements; Fundamental Needs Costs; Economic Development; Economic Development/Service Area Improvements; and Economic Development Costs.
Discussion ensued with regard to implementing routes to get riders to job centers.
Mr. Jackson continued with his presentation discussing community mobility service area improvements and costs.
Discussion ensued between Commissioner Maloy and Mr. Brooks with regard to a letter (copy received & filed) from LYNX regarding SCC/Oviedo bus service.
Paul Hall, Government Regulations Liaison for Seminole Community College, addressed the Board to state the new SCC campus in Oviedo is open and there are many students who have a serious need for transportation to the school. He advised currently, the closest bus stop is two miles away. He expressed his appreciation to Glatting Jackson for recognizing this need in their study. He added that they are willing to do whatever is necessary to facilitate a solution.
Commissioner Morris questioned how LYNX is addressing the complaints regarding ADA A-Plus service.
Mr. Brooks stated the LYNX Board is aware of the dismal on time performance regarding A-Plus service and did conduct an assessment study.
Commissioner McLain left the meeting at this time.
Mr. Brooks further stated a new RFP has been developed and is being rebid for a service that will have clear consequences for not delivering the service. He said scheduling and dispatching of the service will be brought in-house, which they believe will improve the service.
Commissioner McLain re-entered the meeting at this time.
Commissioner McLain stated one of the concerns has been that a lot of the ADA trips are for people that are not qualified for the trip - not because of the distance (3/4 mile rule), but because of the fact the physical or mental condition did not qualify them for ADA trips.
Mr. Brooks stated the current process is that a doctor must indicate the rider cannot access the system through the fixed route. He explained that LYNX is in the process of adding another step and that would be an assessment and meeting with the person when they apply for ADA service. He added that they expect some percentage of folks to move into the bus service.
Chairman Van Der Weide stated the next step is for the BCC to review this study and findings and to give staff direction at the October 23, 2001 meeting.
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Planner, Dick Thomas, addressed the Board to give a brief PowerPoint presentation (copies of slides were received & filed) regarding the Transit Budget for FY 2001/02. He advised the shortfall currently stands at $696,346 if the Board fully funds the LYNX budget request, maintains current ADA Paratransit service area and no additional revenues are forthcoming. He stated the Board asked staff to look at the two funding options - municipal funding partnerships and the One Cent Sales Tax exchange. He advised a meeting was held on September 20 with the mayors and city managers and they talked about setting up an action plan with the next step to be that the city managers subcommittee will meet. With regard to the sales tax exchange, he advised that they have identified capital projects that can cover the $696,346 shortfall for next year, but it is a short- term solution. He added that this includes continuing with the existing service area, which is countywide, and re-evaluating that at the end of the year because they expect the ADA costs to increase for the coming year.
Commissioner Maloy stated he will support the budget changes.
Mr. Grace advised this will be part of the budget presented at tonight’s meeting.
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The meeting was recessed at 12:01 p.m., reconvening at 1:35 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Cindy Hall, Fiscal Services Director,
addressed the Board to request approval of a Resolution that supplements
Resolution #2001-R-58 and authorizes the issuance of $18,900,000 in aggregate
principal amount of Limited General Obligation Bonds, Series 2001. She stated the bonds were sold this morning
and it was very successful. She
submitted a copy of the results of the bids and stated the bids were accepted
electronically for the first time. She
stated there were eight responses and it will be awarded to Salomon Smith
Barney, Inc.
Motion by Commissioner Morris, seconded by
Commissioner Henley to adopt appropriate Resolution #2001-R-162, as shown on
page ________, supplementing Resolution #2001-R-58 and authorizes the issuance
of $18,900,000 in aggregate principal amount of Limited General Obligation
Bonds, Series 2001.
Districts 1, 2, 3, 4 and 5 voted AYE.
PROOFS OF
PUBLICATION
Motion by Commissioner Henley, seconded by
Commissioner Morris to authorize filing of the proofs of publication for this
meeting's scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
DEVELOPER’S COMMITMENT AGREEMENT/
FINAL PUD MASTER PLAN/Steve Joos
Continuation of a public hearing to
consider an Amendment to the Developer’s Commitment Agreement and Final Planned
Unit Development Master Plan for Loma Vista Development; property located on
the west side of SR 426, approximately ½ mile north of Dean Road, as described
in the proof of publication, Steve Joos.
Matt West, Planning Manager, addressed the
Board to state this project has a multi-family complex, which is complete and
adjoins one of the countywide trials on the north side. He stated the applicant is requesting that
the 6 ft. wall on the west side be deleted.
The applicant is also requesting that the letters of the trail tracts be
changed to numbers. He reviewed the
history of the project. He stated the
commitments were made in good faith by the developer and he pointed out that
the developer has fulfilled some of the commitments. The developer has committed to pay the County $141,000 for the
construction of the trail and other amenities.
There were discussions relating to maintaining the trail and staff is
asking the developer to contribute $3500 per year for 10 years for the
maintenance of the trail within the PUD boundaries. A commitment to construct a 6 ft. sidewalk has been deleted from
the project. The developer is proposing
a living wall with some type of vegetation.
He stated staff is opposed to a living wall as they feel nothing is
going to better mitigate any noise than a 6 ft. masonry wall.
Upon inquiry by Commissioner Maloy, Mr.
West advised the County does not have a policy as to what the rational nexus is
for charging trail improvements.
David Martin, Engineering, and Don Fisher,
Planning & Development Director, addressed the Board to review and discuss
the itemized listing for the Escrow Account as noted in the agenda
memorandum.
Mr. West stated another major change is the
old post office building was supposed to be relocated and restored, but that
has never been done. He stated staff
has found out that the building has been demolished.
Upon inquiry by Commissioner Henley, Mr.
West advised the post office building is not there and staff doesn’t know if
the previous owner tore it down or what.
Commissioner Maloy stated that building was
pretty dilapidated.
Scott Tulp, Sandspur Housing Development,
addressed the Board to state he is here to request two things. The one commitment they made deals with the
masonry wall and they are willing to abide with it. He stated he would like to replace that wall with a living wall
such as a hedge. The second issue deals
with the trail amenity. He said he has
worked hard with staff to clarify the commitments that were made. He added the developer was under a deadline
with the Florida Housing Financial Corporation relative to the date of the
approval and the date of the closing, which includes all of the permits. He stated the developer was very late in the
review process and they made commitments with very little knowledge of what the
improvements and design would be.
Upon inquiry by Commissioner McLain, Mr.
Tulp advised he would meet the 25% open space without the trail.
Mr. Tulp stated the historic structure was falling down and the structure
is still there to date but it is in a big pile of rubble. He stated $140,000 has been paid toward the
trail improvements and he would like the Board to look at where they are
relative to the development and public purpose of this trail. He said they have committed to provide these
improvements but it was more expensive than anticipated. He added he would like the Board to look at
this in a fair, reasonable, and equitable manner regarding the development and
trail improvements.
Commissioner Henley stated he has
difficulty trying to separate individual items because of the expense, when the
development order incorporates a great deal and the developer approved a
tremendous amount of benefits as a result of this development order and fast
tracking. He stated he is not sure that
he can base a decision when the developer tries to isolate that particular item
away from the other benefits that were approved.
Mr. Tulp stated he would be happy to
evaluate the PUD document relating to the codes in place at that time.
Deputy County Attorney Stephen Lee entered
the meeting and replaced County Attorney Robert McMillan.
Mr. Tulp and Commissioner Morris discussed
the issue of installing a sidewalk.
Mr. Tulp displayed a picture (received and
filed) of different types of living walls.
Steve Joos, applicant, addressed the Board
to state he is proposing to use jasmine for the living wall and he feels that
this will be more aesthetically appealing.
He stated he feels the living wall is a viable alternative, as it would
not be vandalized. There is one family
living next to the property line. He
displayed a site plan and aerial photographs (both received and filed) and
reviewed the southern and western property lines, the closest apartment
building, and the existing woods on the property.
At the request of Commissioner McLain, Mr.
Joos reviewed the maintenance of the opaque living wall.
Upon inquiry by Commissioner Henley, Mr.
Tulp advised the living wall would be easier to maintain than a masonry
wall. He stated he is planning to add a
retention pond where the DOT house was located. The balance of the property is planned for high intensity
development.
Chairman Van Der Weide stated he has
jasmine on his property and it is very effective. A wood fence would not hold up on the property, but a chain link
fence would.
Mr. Tulp stated a chain link fence requires
a top rail in order to support the jasmine.
Chairman Van Der Weide stated he questions
whether a normal chain link fence with a top rail would hold up. Mr. Tulp stated if the Board prefers, he can
install a wrought iron fence instead.
Mr. McMillan reentered the meeting at this
time and replaced Mr. Lee.
Virginia Stanko, 3200 W SR 426, addressed
the Board to state she was in attendance at the first public hearing when the
County agreed to everything. She stated
she feels that when a promise is made, the developer should be obligated to
follow what he promised. She stated her
community was promised a fence to keep the kids out and they do not have one
because the developer is negotiating the type of fence to install. She indicated on the map where her property
is located. She said she was promised a
15 ft. setback and the developer is going to install the fence 15 ft. from the
property line.
No one else spoke in support or in opposition.
Speaker Request Form was received and
filed.
Discussion ensued between the Board and
staff relative to the buffer, the wall and the trail.
Mr. Tulp discussed with Commissioner McLain
what kind of commitment there is if the trail isn’t maintained to County
standards.
Commissioner Maloy stated he feels staff
needs to come up with a rational plan on how to assess what to charge the
property owner. He stated he feels the
wall should stay as previously planned.
Upon inquiry by Chairman Van Der Weide,
Commissioner Maloy advised that includes the masonry wall near Mrs. Stanko.
Commissioner Maloy stated in looking at the
cost of the trail, if they charge the same amount as other projects, the
applicant would have paid $17,360. He
said he believes that $141,000 is the appropriate amount for this.
Commissioner McLain stated the developer
has agreed to build and maintain the trail to a certain degree. He stated the County should maintain the
asphalt of the trail and landscaping.
Chairman Van Der Weide stated he would like
to see a wrought iron fence included if the living wall is acceptable.
Commissioner Maloy stated that as far as
perpetual maintenance, he would not require the maintenance of the asphalt, but
that the developer be required to maintain the shrubs and trees along the
trail, with bonding necessary to back that up.
Commissioner McLain suggested that staff
and the applicant go back and obtain firm numbers in today’s dollars, subtract
those numbers from the $141,000, less the $10,000 for the connector, so they
can come up with a real number the developer needs to provide for their
commitment.
Motion by Commissioner Maloy, seconded by
Commissioner McLain to approve Amendment to the Developer’s Commitment
Agreement and Final PUD Master Plan for Loma Vista Development; property
located on the west side of SR 426, approximately ½ mile north of Dean Road, as
described in the proof of publication, Steve Joos, to require that the asphalt
will be maintained by the County and the developer to provide a guarantee that
the other maintenance will occur, and with the final number for the trail
(connector and shelter) to be determined by staff and the applicant removing
the contingency and inflation factor and adding the money for the connector, and
to keep the requirement for a masonry wall.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Mr. Grace advised the Board that Item #60,
Vacate & Abandon/Dr. Carlos Chaban, has been pulled.
SANFORD
CONFERENCE CENTER PRESENTATION
Tony VanDerworp, Sanford City Manager,
addressed the Board to present a PowerPoint presentation (received and filed)
on the update of the Conference Center.
He stated he would like to thank the Board for giving him an opportunity
to present this update. He displayed
slides and reviewed the following:
Purpose of the Presentation; Why a Conference Center; Conference Center
Action to Date; and Development Team Tasks.
He introduced the following Development Team: Joan Cleland; Jeff Farina; Bill Pratt; Joe Smith; Jerry Mills,
Don Hunter and Joe Rabun. He displayed
and reviewed slides illustrating the Development Team’s experience; 1999 and
2001 Hunter Feasibility Assessment; Hunter Interests Conservative Approach;
Additional Hunter Feasibility Assessment; Public Improvements; the Master Plan
and the Project Design. He stated the
City of Sanford is planning to move the Center where the existing Civic Center
and the Chamber of Commerce is located.
He continued by reviewing slides of the Project Design; Comparisons of
the Conference Facility; Project Finances; Tax-Exempt Financial; Examples of
Successful Tax-Exempt Projects; Questions Asked About Risks; Performance
Examples and Economic Downturn. He
stated over the next four months, the City will be putting together a pamphlet
entitled, “Go–No-Go Decision”. The City
is soliciting the Board’s support with staff to help review the technical
information.
Upon inquiry by Commissioner Henley, Mr.
VanDerworp advised none of the funding is coming out of the CRA funds at this
time. He stated that will be budgeted
over two years out of the General Fund.
Mr. VanDerworp discussed with Commissioner
Maloy the number of staff members needed and how much time will be involved.
Mr. Grace stated he has already appointed
Sally Sherman and Jack Wert.
Upon inquiry by Commissioner Morris, Mr.
VanDerworp advised the consultant the City hired is doing a master plan for
uses throughout the downtown area past 17-92.
They have identified a number of parcels including the City Hall parking
lot, the Courthouse parking, the property west of City Hall, and the FPL
building site as redevelopment sites.
The consultant has looked at all the parcels besides the park and one of
the things they have told the City is there is a need for more permanent
residents in the downtown area. An RFP
will be submitted in December or January.
A 200-room hotel is recommended to help support the business in the
area.
Upon inquiry by Commissioner McLain, Mr.
VanDerworp advised this project is expected to be completed in 18 months.
Commissioner McLain stated he is excited
that the City is moving forward with this project and enhancing downtown
Sanford. He said he has always been
supportive of redevelopment. He stated
it is encouraging to see this hotel/conference center becoming a redevelopment
project to eliminate facilities that are no longer viable (Civic Center) to the
City while also protecting the park. He
said he believes the County will move forward with staff’s commitment and hopefully
the County will have some good, firm information from the consultants by the
first of the year.
Commissioner Henley stated he supports the
concept of redevelopment. He stated he
believes Seminole County is approaching buildout and he is pleased that the
consultant is talking about residential being a major portion of this.
Mr. VanDerworp stated the City is planning
to do a couple of things in the business community and they will be
interviewing all of the major corporations in the County, especially along I-4.
RELEASE OF
CONSERVATION EASEMENT/David Stimmell
Continuation of a public hearing to
consider request to release a 2.8 acre portion of an approximate 246 acre
conservation easement located off Sweetwater Island Circle in the Sweetwater
PUD, as described in the proof of publication, David Stimmell.
Ian Ratliff, Principal Planner, addressed
the Board to present request as outlined in the agenda memorandum.
Bill Fahey, 412 Timbercove Circle,
addressed the Board to state he is a member of the Board of Directors with the
Sweetwater Homeowners Association and apparently the Board of Directors did
pass a resolution allowing Mr. Stimmell ingress and egress to a private gate on
a private road. He stated the Board of
Directors was not aware that the land was encumbered by a land easement. He said he has had one person come to him
stating that they were in favor of this request, but there are hundreds in
opposition. He stated he is requesting
the Board to deny the request.
Upon inquiry by Chairman Van Der Weide, Mr.
Fahey advised the homeowner’s association approved Mr. Stimmell the right to go
on the property through a gate, but they did not address removing any
conservation easements.
Commissioner Morris stated this is a
difficult issue because of the peculiar matter of the L-shaped parcel. He stated the one question that comes to
mind is he received a letter from Mr. Huskey and he did not say that the intent
was to build a single family home on this site. Mr. Huskey indicated that his property was adjacent to this
property and his intent was to have a barn or structure in the back for usage
and he could then enter from the other side.
Mr. Fahey stated he has no knowledge of
that. He stated everyone was under the
assurance that there would be nothing back there.
Chairman Van Der Weide stated he owns Lot
11 on Sweetwater Hills Drive and there have been a lot of changes in the
area.
David Stimmell, applicant, addressed the
Board to state he purchased 272 acres from Mr. Huskey and he was told by staff
that he is entitled to build a home there.
He stated he was asked in November 1998 to bring in building plans and
to submit a memo to the homeowners association. The homeowners association voted approval of the access and he
was told that they would become a member of the association. They were told that they wouldn’t pay dues
until they actually had a Certificate of Occupancy and he proceeded with the
closing. He stated he looked at the
possibility of building a home in the narrow portion and he asked staff if
there is a chance to move the upland area back and they indicated that they
would like to see the benefit to the community be greater and the rest of the
property be conveyed to public interest.
He added he worked with the St. Johns River Water Management District,
the City of Altamonte Springs and the Audubon Society. He reviewed the history of the project.
Mr. Stimmell explained for Commissioner
McLain how this will impact the road to Lot 13.
Michael Garrity, 856 Sweetwater Island
Circle, addressed the Board to state he lives on Lot 15. He reviewed the e-mail he sent to the
Board. He stated he would hope the
intent is not to have developers rummaging through old plans and saying there
is a loophole here, and they can put something on this property because there
is an error. He said Mr. Huskey was a
co-listor of his property and he benefited by looking at various wildlife at
the back of his property on a regular basis.
By pinching off the pond, it will affect daily travel of animals. He stated he doesn’t agree that this is an
error and he feels that this is a loophole and it will affect his enjoyment of
the area behind him. He added he feels
wildlife will be affected by this as well.
Diane McConnell, 880 Sweetwater Island
Circle, addressed the Board to state she has lived on Lot 21 for 14 years. She stated when she bought her property,
Huskey Realty told them that land would never be developed. Sweetwater was advertised as being a gated
community and if this is allowed, it would breach the contract. There are zoning and conservation laws that
protect the public and if this is changed now, it will hurt the trust of the
people. When she heard about this years
ago, she had the impression that this was a done deal. She said she is not in favor of a house
being built there as deer and wildlife use that area.
Joe Sherwood, 848 Sweetwater Island Circle,
addressed the Board to state he is the owner of Lot 13 and the land in question
affects two sides of his property. When
he bought his property in 1987, he was told that this was a conservation
easement and it was permanent. He said
that area is too narrow to build a house on.
He said he wouldn’t be opposed to moving the easement back. He stated his main concern was that the
house be built overlooking the pond and it would not affect his property. He added he watches the deer every
morning. He said if Mr. Stimmell builds
a single family home there, he would rather it be pushed back.
Jane Gregory, 204 Lonesome Pine Drive,
addressed the Board to state she lives on Lot 8 and 8A. She stated the St. Johns River Water
Management District has not given their approval for this site. They just said that this doesn’t fall under
their jurisdiction.
Mahmoud Najda, Development Review Manager,
addressed the Board to advise St. Johns only indicated that they have no
problem with a home being built on this site.
Ms. Gregory stated the County records show
no original layout of the property and all of this land was put under the
conservation easement. She stated she
doesn’t see where anything has changed other than it is a convenient access for
Sweetwater Island. She submitted a
Petition, as shown on page _________, from area residents opposing the request.
Darwin Morton, 836 Sweetwater Island
Circle, addressed the Board to state he lives on Lot 10 and it is located about
3 ft. from the conservation easement.
He submitted Petitions, as shown on page ________, from 83 Sweetwater
Island and River Bend Drive residents opposing the request. He also submitted a list (received and filed)
highlighted in yellow of property owners contacted by staff opposing the
request. He briefly summarized the
petition. He stated this easement does
serve a public purpose. The actual
easement deed does not reference a stormwater outfall and there is not a
document indicating that there is an error in place of this conservation
easement. The PUD was amended twice and
commitments were made relative to single family recreation facilities. He stated Item 7 of the commitments indicate
that there are 300 acres of green belt and natural trails, and this has never
been amended and it is part of the PUD.
Upon inquiry by Chairman Van Der Weide, Mr.
Morton advised this property serves a public purpose and he feels that he felt
he was secure with this easement in place.
A letter from the Natural Resource officer is on file indicating that
this particular request for the property should be denied and this land
provides a valuable public purpose and should not be taken out of conservation.
Chairman Van Der Weide read comments from
Lana Morton; Laura Sherwood; and Diana McConnell opposing the request.
No one else spoke in support or in
opposition.
Speaker Request and Written Comment Forms
were received and filed.
Commissioner McLain stated the applicant received
assurance from the County that he could build a home on this property and on
the closing statement, he was required to make a payment to the homeowners
association and was told he would be a member and have access through this
gate. He stated he feels Mr. Stimmell
went out of his way to make sure that he would be able to participate in the
homeowners association, get in the facility and be able to build a house.
Mr. Najda stated to his knowledge there was
never a requirement on the County’s part to dictate to Mr. Stimmell that he
would have to receive approval from the homeowners association.
Upon inquiry by Commissioner McLain, Mr. Fisher advised since this is an acreage
parcel and not platted, the tax maps would not show the appearance of a conservation
easement encumbering the property.
Commissioner
McLain stated he would like to know what rights does Mr. Stimmell have as far
as uses, access and restrictions to access on the remaining property.
Mr. Najda stated he would have to abide by
the stipulations dictated in the easement.
Discussion ensued between staff and the Board relating to whether the
applicant is allowed to build a structure on the easement and public access. At the request of Chairman Van Der Weide,
Mr. Ratliff reviewed the history of the conservation easement. He stated the easement was granted as part
of the plat process.
Chairman Van Der Weide passed the gavel for
the purpose of offering a motion. He
stated if you look at the area on the map, you can see that Lot 13 residents
will be affected by this if Mr. Stimmell is not allowed to build a home on this
property. He said staff recommends that
a 20 ft. wide access easement be maintained.
He asked if staff has a restriction where Mr. Stimmell can build his
home.
Mr. Najda displayed a site plan and
reviewed the area where a home can be built.
Commissioner Van Der Weide stated he would
like to protect public access to that area and he believes he has a plan that
will do that. He stated the lot size is
compatible with other lot sizes in Sweetwater Island.
Mr. Stimmell stated he would agree keeping
that with his buildable area, as that is exactly where he wants to build and to
keep horses.
Commissioner Van Der Weide stated he is
willing to make a motion to allow Mr. Stimmell to build a home there, but he
has a problem with placing horses on the property.
Mr. Nadja stated horses require open land
and he doesn’t think Mr. Stimmell can provide enough space for them.
Commissioner McLain stated if the Board is
contemplating removing all of that easement off of that property and allowing
horses and a house, then the neighbors will have no access. He stated Mr. Stimmell would need one acre
per animal.
Mr. Najda stated the zoning would not allow
horses in that area. He stated Mr.
Stimmell wouldn’t be allowed to build structures in the other areas. He said Mr. Stimmell wouldn’t be able to
prevent anyone from access to that area.
Commissioner McLain stated the development
order should clarify that.
Vice Chairman Morris recessed the meeting
at 4:55 p.m., reconvening at 5:14 p.m., with all Board members being
present. Vice Chairman Morris returned
the gavel to Commissioner Van Der Weide to assume the position of Chairman and
to conclude the public hearing.
No one else spoke in support or in
opposition.
Chairman Van Der Weide stated there are
some issues that needs to be worked out relative to access and liability,
therefore, this item will be continued.
Motion by Commissioner McLain, seconded by
Commissioner Henley to continue to October 9, 2001 at 1:30 p.m., or as soon
thereafter as possible, request to release a 2.8 acre portion of an approximate
246 acre conservation easement located off Sweetwater Island Circle in the
Sweetwater PUD, as described in the proof of publication, David Stimmell.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner McLain stated the Board will
only be dealing with the motion at the next meeting.
Commissioner Henley left the meeting at
this time.
VACATE &
ABANDON/Harry Stewart
Continuation of a public hearing to
consider request to Vacate and Abandon the south 1.5 foot wide portion of CR
46A right-of-way that is 572.8 feet in length adjacent to the Villas of Lake
Mary Complex; property located within the City limits of Lake Mary on the south
side of 46A to the west of Country Club Road and east of Rinehart Road, as
described in the proof of publication, Harry Stewart, representing the
Homeowners Association.
John Thomson, Principal Coordinator,
addressed the Board to advise the applicant is seeking to vacate this portion
of the right-of-way to avoid having to reconstruct the wall. The applicant has offered to refund the pro
rata share of the cost to acquire this portion of the right-of-way, which
amounts to $6,323.71. He displayed a
map showing the location of the proposed request and a sketch of the proposed
vacate. He also displayed a photograph
of the wall that he mentioned earlier.
He stated staff has no objection to the request as well as the
applicable utility companies and the City of Lake Mary. He said staff recommends approval of the
request to vacate the portion of 46A that contains the Villas of Lake Mary’s
wall and to accept the applicant’s offer to refund the County’s cost to acquire
the right-of-way.
Attorney Harry Stewart, applicant,
addressed the Board to state the homeowners association and the developer, who
is trying to turn it over to the residents, contracted to have a wall
built. He stated they have paid for
half of the wall and some of the homeowners had concerns as to whether who will
pay the $6,000, but the contractor will be paying for this.
No one else spoke in support or in
opposition.
Motion by Commissioner Morris, seconded by
Commissioner McLain to adopt appropriate Resolution #2001-R-160, as shown on
page ________, vacating and abandoning the south 1.5 foot wide portion of CR
46A right-of-way that is 572.8 feet in length adjacent to the Villas of Lake
Mary Complex; property located within the City limits of Lake Mary on the south
side of 46A to the west of Country Club Road and east of Rinehart Road, as
described in the proof of publication, Harry Stewart, representing the
Homeowners Association.
Districts 1, 2, 3, and 5 voted AYE.
VACATE &
ABANDON/Ray L., Jr. & Janice Holland
Proof of publication, as shown on page
_______, calling for a public hearing to consider request to Vacate and Abandon
a portion of the (unimproved) public right-of-way of Brassie Drive located
approximately 105+ feet north of Jefferson St., Ray L. Jr. and Janice B.
Holland, received and filed.
Cynthia Sweet, Planner, addressed the Board
to advise a portion of the unimproved right-of-way was previously vacated to
the north of the site limiting access on Brassie Drive. The applicants have provided letters from
the applicable utility companies indicating no objections to the request. She stated staff recommends approval.
No one spoke in support or in opposition.
Motion by Commissioner McLain, seconded by
Commissioner Maloy to adopt appropriate Resolution #2001-R-161, as shown on
page _________, vacating and abandoning a portion of the (unimproved) public
right-of-way of Brassie Drive located approximately 105+ feet north of
Jefferson St., as described in the proof of publication, Ray L. Jr. and Janice
B. Holland.
Districts 1, 2, 3, and 5 voted AYE.
VACATE AND
ABANDON/Dr. Carlos Chaban
Proof of publication, as shown on page
_______, calling for a public hearing to consider request to Vacate and Abandon
a portion of the drainage easement along the northerly property boundary of
Foxwood Phase 1 at 5554 Hunt Club Blvd., Apopka, Dr. Carlos Chaban, received
and filed.
Chairman Van Der Weide advised that this
item has been pulled from the agenda.
DOCK &
BOATHOUSE PERMIT/Albert Cichra Builders
Proof of publication, as shown on page
_______, calling for a public hearing to consider request for approval of the
construction of a 1,150 sq. ft. dock and boathouse at 3061 Cecelia Drive on the
western shore of Bear Lake, Albert Cichra Builders, received and filed.
Francisco Torregrosa, Natural Resources
Officer, addressed the Board to present request as outlined in the agenda
memorandum.
No one spoke in support or in opposition.
Chairman Van Der Weide surrendered the
gavel to Vice Chairman Morris for the purpose of offering a motion.
Motion by Commissioner Van Der Weide, seconded by
Commissioner McLain to approve construction of a 1,150 sq. ft. dock and
boathouse at 3061 Cecelia Drive on the western shore of Bear Lake, as described
in the proof of publication, Albert Cichra Builders.
Districts 1, 2, 3, and 5 voted AYE.
The gavel was returned to the Chairman.
CHAIRMAN’S
REPORT
No Report.
The following Communications and/or Reports were “received and filed”:
1. Letter dated September 14, 2001, from Rachel Carnicelli, Deputy City Clerk, City of Sanford, transmitting copy of City of Sanford Ordinance No. 3665 annexing 28.07 acres for property lying between US 17-92 and Narcissus Avenue and between Power Road extended northerly and Rand Yard Road extended northerly. (cc: Supervisor of Elections, Planning & Development, Planning Manager)
2. Memorandum dated September 11, 2001, from W. Keith Roark, Road Project Acquisition Manager, County Attorney's Office, to Maureen Landgraf, Analyst, Re: Direct Pay Request - Litigation Support Services, Section 220.42, Seminole County Code, Tuskawilla Road, Phase IV, Parcel No. 112 (Graiffity), Seminole Co. vs. Chandrinos. (cc: Board, Purchasing Manager, Staff Appraiser)
3. E-mail dated September 14, 2001, from James Carr to the Chairman Re: Release of Conservation Easement at Sweetwater.
4. Memorandum dated September 11, 2001, from Matthew West, Planning Division Manager, to the Board, Re: Private Schools -- Treatment in the A-1 Zoning Classification and the Land Development Code and Impact Fee Exemption. (cc: County Manager, Planning and Development Director, Assistant County Attorney)
5. Agenda for the City of Oviedo meeting of September 17, 2001. (cc: Board, County Manager, County Attorney)
6. Letter to the Chairman dated September 7, 2001, from Carla G. Sims, Traffic Safety Administrator, Florida Department of Transportation, Re: Seminole County DUI Enhancement Project, Project N. J8-01-06-27-01, D.O.T. Contract AJ110. (cc: Sheriff Eslinger, Chief Fleming, Keith Betham, Jolene R. Schulte, Tom Vlasak, Paula Fountain, Board, Fiscal Services)
7. Notice of Public Hearing to be held by the City Commission of Altamonte Springs on Wednesday, October 10, 2001, at 6:30 PM, to consider a request by Frazier, Lair and McDaniel to rezone .5+- acres located at 954 E. Altamonte Drive. (cc: Board, County Manager, Deputy County Manager, Planning & Development Director)
8. Copy of letter dated September 12, 2001, from Darrell W. Smith, Budget Services Director, Florida Department of Revenue, to Ray Valdes, Seminole County Tax Collector, transmitting copy of tentative budget. (cc: Board, County Manager, Fiscal Services)
9. Letter dated August 30, 2001, from Russ Maxwell, General Manager, Rural Metro Ambulance to the Board, Department of Public Safety Medical Quality Assurance and Education Office, extending support for request from Florida Hospital EMS for a Certificate of Public Convenience and Necessity to transport patients from Florida Hospital Facilities to any other location within Seminole County. (cc: Board, County Manager, Public Safety)
10. Letter dated September 12, 2001, to the Chairman from Michael Snyder, P.E., District Secretary, District Five, Florida Department of Transportation, Re: County Incentive Grant Awards - FY 2002/03. (cc: Frank Martz, Jerry McCollum, Carolyn Hyland Ismart, Bob Cortelyou, P.E., Lennon Moore, Tom Moscoso, Board, County Manager, Fiscal Services, Public Works Director)
11. Copy of letter dated September 10, 2001, from Thomas O'Hanlon, Chairman, Oviedo City Council, to Commissioner Grant Maloy, relaying concern over possibility of cell phone tower on or near Seminole Community College property. (cc: City Council, County Commission, City Manager, County Manager, Ann McGee)
12. Letter dated September 11, 2001, to the Chairman from Karen DeNoya, President, Board of Directors, Little Creek Homeowners Association, Inc., Re: Voicestream's proposed cell phone tower on the SCC campus, with attached copy of letter from Mary A. Doty, Foley & Lardner. (cc: Board)
13. Letter dated September 10, 2001, to the Chairman from Tom O'Hanlon, Chairman, Oviedo City Council, regarding recent discussion of the Seminole County trail system by the City Council. (cc: City Council, County Commission, City Manager, County Manager)
14. E-mail dated September 13, 2001, from Tim Clark, to the Board Re: Sweetwater Oaks Conservation Easement.
15. Copy of Proclamation issued by President George W. Bush declaring Friday, September 14, 2001, as the "National Day of Prayer and Remembrance for the Victims of the Terrorist Attacks on September 11, 2001." (cc: Board, County Manager)
16. Notice and Agenda for the September 19, 2001, Regular Board Meeting of the Seminole County Port Authority.
17. Contracts for Services, as shown on page _________, between Seminole County Parks and Recreation and Carlos Rivera, Karen Westmark, Dana C. Tittle, and Troy A. Hadley.
18. Letter dated September 21, 2001, from Diane Pickett, Time Warner Communications, to the Chairman advising of upcoming choices for customers. (cc: Board, County Manager, Cable Franchising Coordinator, Jerry Martin, Time Warner)
19. Memorandum dated September 21, 2001, from Mary Kay Cariseo, Executive Director, Florida Association of Counties, to County Commissioners, County Administrators, County Attorneys, County Lobbyists Re: Budget Cuts. (cc: Fiscal Services)
20. Notice dated September 17, 2001, from Carolyn Hyland Ismart, District Director of Planning and Public Transportation, Florida Department of Transportation, advising of Public Hearings to be held on the Florida Department of Transportation Tentative Five Year Work Program for Fiscal Years 2002/03 - 2006/07. (cc: Board, County Manager, Public Works, Engineering)
21. Letter dated September 19, 2001, from John Ashcroft, Attorney General, Re: Anti-Terrorism Task Forces. (cc: Board, County Manager, County Attorney, Public Safety)
22. Memorandum dated September 19, 2001, and attachments from J. Kevin Grace, County Manager, to the Board Re: Facts Regarding "Toxic" Algae.
23. Copy of Memorandum dated September 18, 2001, from Howard M. Bernstein, Assistant County Attorney, to Jerry McCollum, P.E., County Engineer, Re: Direct Pay Request, Miller, as P.R. of Kastner Estate v. Seminole Estate, Litigation Support Services Expert Witness Procurement. (cc: Board, Purchasing Manager, Staff Appraiser)
24. Memorandum dated September 18, 2001, from Don W. Berryhill, P.E., Chief, Bureau of Water Facilities Funding, Department of Environmental Protection, Re: Fiscal Year 2003 Water Pollution Control State Revolving Fund Priority List (Rule Chapter 62-503, Florida Administrative Code). (cc: Board, County Manager, DCM, Public Works, Environmental Services, Fiscal Services)
25. Notice of Workshop from G.B. (Sonny) Hall, Ph.D., Technical Program Manager, Division of Water Supply Management, advising of Public Workshop on Minimum Flows and Levels Priority Water Body List and Schedule -- Tuesday, September 25, 2001, 1:00-3:00, Governing Board Room, St. Johns River Water Management District Headquarters. (cc: Board, County Manager, Environmental Services, Public Works/Stormwater)
26. Notice from Doris-Anne Freeman, City Clerk Department, City of Altamonte Springs, Re: Annexation approved by City Commission - West Side of Eden Park Road, North of the Forest Edge Subdivision. (cc: County Manager, Planning Manager, GIS, Building & Fire Prevention, and as noted)
27. Notice from Doris-Anne Freeman, City Clerk Department, City of Altamonte Springs, Re: Annexation approved by City Commission - East of SR 434 & South of Hillview Drive. (cc: County Manager, Planning Manager, GIS, Building & Fire Prevention, and as noted)
28. Memorandum dated September 17, 2001, from Mahmoud R. Najda, P.E., Development Review Manager, to the Board and County Manager Re: Wall Construction/Future Road Widening.
29. Copy of Memorandum dated September 19, 2001, from W. E-mail dated September 19, 2001, from Danny DeCiryan relating concerns over Lake Jessup Woods Rezoning. (cc: Board, County Manager, DCM, Planning & Development Director)
30. Notice from Edward L. Wilson, Program Administrator, Bureau of Emergency Medical Services, Re: Notice of Availability of Emergency Medical Services Matching Grant Application Packet. (cc: Board, County Manager, Public Safety, Fiscal Services)
31. Memorandum dated September 18, 2001, from Linda Eiland, Risk Manager, to the Board, Re: Health Insurance Renewal -- Additional Information. (cc: County Manager, Administrative Services Director)
32. Memorandum from Mary Kay Cariseo, Executive Director, Florida Association of Counties, to County Commission Chairs and County Administrators, Re: Governor's review of the response capability for terrorist attacks. (cc: Board)
33. Keith Roark, Road Project Acquisition Manager, to Susan Montgomery, Senior Staff Assistant, Stormwater, Re: Expedited Engineering Support Services, Section 220.42, Seminole County Code, 2751 Red Bug Lake Road (Tennyson Property), Madden Engineering, Inc., Civil Engineers. (cc: Board, Purchasing Manager, Staff Appraiser)
34. Copy of Memorandum dated September 19, 2001, from Kathryn J. Brown, Senior Planner - One Stop Permitting, to Sandy McCann, County Records, listing items to be recorded in Official Records. (cc: Board, County Manager, Environmental Services Director)
35. Newsletter from the School Board of Seminole County.
36. Minutes of the Tourist Development Council Meeting of August 9, 2001.
DISTRICT
COMMISSIONERS’ REPORTS
Motion by Commissioner Morris, seconded by
Commissioner McLain to appoint Patricia “Pat” Burkett and John Penny to the
Greenways & Trails Task Force, to begin serving immediately.
Districts 1, 2, 3, and 5 voted AYE.
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Motion by Commissioner Morris, seconded by
Commissioner McLain to appoint Miriam “Mimi” Bruce to the Historical Commission
to fill vacancy created by resignation of Barbara Banks-Stone.
Districts 1, 2, 3, and 5 voted AYE.
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Commissioner Morris stated the Lake Mary
High School Color Guard placed 4th in the world at the 2001 WGI
competition and he would like a resolution adopted recognizing their incredible
efforts.
Motion by Commissioner Morris, seconded by
Commissioner McLain to adopt appropriate Resolution #2001-R-163, as shown on
page ________, commending the Lake Mary High School Color Guard for their
efforts at the 2001 WGI competition.
Districts 1, 2, 3, and 5 voted AYE.
COMMITTEE
REPORTS
No Report.
COUNTY MANAGER’S
REPORT
Motion by Commissioner McLain, seconded by
Commissioner Maloy to authorize extending the Seminole County 2001 tax roll.
Districts 1, 2, 3, and 5 voted AYE.
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The Board recessed the meeting at 5:32 p.m., reconvening at 7:05 p.m., with all Commissioners and all other Officials, with the exceptions of Commissioner Henley who was absent, Commissioner Morris who entered late, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
Chairman Van Der Weide announced that Item #64, Comprehensive Plan Amendment and Rezone request for E. G. Banks, Charles W. Clayton, Jr., and W. Malcolm Clayton, has been continued until the Spring 2002 Large Scale Amendment Cycle and will not be heard this evening.
SEMINOLE
COUNTY BUDGET-FY 2001/2002
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the final millage rates and adoption of the amended final budget for all funds for Seminole County, FY 2001/2002, received and filed. The Budget Second Public Hearing Booklet was also received and filed.
Chairman Van Der Weide advised that this is the second and final public hearing on the final budget and millage rates. The millage rates tentatively adopted at the second public hearing cannot be greater than the tentative rates approved at the first public hearing. He gave other preliminary comments on the budgetary process.
Commissioner Morris entered the meeting at this time.
Cindy Hall, Fiscal Services Director, addressed the Board to state the tentatively adopted millage rates approved on September 18, 2001, are as follows: General Fund, 4.7179, and Transportation Countywide, .2810, for a total Countywide millage of 4.9989; Environmentally Sensitive Lands, .1031, and Debt Service for Trails Development, .1177, for a total Debt Service voter-approved millage of .2208; Unincorporated Fire Rescue District, 2.0971, Unincorporated Roads District, .6591, for a total of 2.7562; Total millages including the debt service is 7.9759 and excluding the debt service is 7.7551. Based upon these tentative millage rates, the tentative aggregate millage rate, exclusive of voted debt service millage, is 6.3590, which represents a 6% increase over the aggregate rollback millage rate of 5.9990.
Mr. Grace reiterated from the previous hearing that this budget is notable because it is the first two-year budget. He recognized the various budget and department staffs, and Constitutional Officers and staffs for the hard work they put into this process. He said it has been a challenging budget, due to the slowing economy and some of the revenues were reduced, and dealing with some major capital needs, such as the Juvenile Justice Center and Criminal Justice Facility. He said they were able to successfully meet those challenges while maintaining the high level of services and keeping the discretionary tax millages steady. He said there are still some challenges heading into the new fiscal year, with the continued slow economy being the primary one. If the economy turns around soon, the revenue projections will prove to be fairly accurate, but if not, they may have been optimistic in some of the revenue projections. To prepare for that, staff is currently working on two alternative spending plan scenarios, one with a 5% reduction and one with a 10% reduction in some of the key revenues. He announced that the total tentative budget for FY 2001/2002 is $565,073,483.
Ms. Hall stated that figure is as a result of the changes and adjustments the Board approved at the last public hearing. Staff is also requesting approval of more adjustments (copy received and filed) submitted to the Board that total $3,062,874, bringing the total budget to $568,136,357. She reviewed these adjustments. She also submitted (copy received and filed) and stated that the final year-end salary reconciliation adds $53,750 to the reserves Countywide and that is a reduction Countywide to the personal services. Ms. Hall advised Chairman Van Der Weide that these adjustments are already reflected in the Budget Resolution.
Russell Cuddy, 1103 Arbor Glen Circle, addressed the Board to state he noticed this morning that the Board passed a resolution supporting President Bush in his efforts against the terrorists and he would like to suggest the Board take some action to follow-up on that. He said President Bush just initiated a war on terrorism, and all the people across Florida and the U.S. are going to pay for that. He said the people in Florida are hurting, and Central Florida is into a recession. The stock markets are down and many people are having it tough. He said the IRS just gave the people $600 back to each couple to stimulate the economy. Now Seminole County, with the 1% sales tax and the budget increase, is taking that money away from the people. He said tax increases stagnate the economy. He challenged the Board to go back to the drawing board.
Chairman Van Der Weide stated the County Manager had two contingency plans if certain things take place so he can initiate an adjustment to the budget. He said the voters approved the one-cent sales tax. He said this is a responsible budget and if the sales tax revenue falls off, the County Manager has some contingency initiatives to put into effect. If they have to adjust, they are prepared.
Mr. Cuddy remarked he thinks with the conditions as they are now, the County should be on a contingency plan now.
Commissioner McLain stated the Board is not raising any taxes, but living off the increase in tax revenues on the current tax rate based on growth in the County. He advised that the homeowners are protected constitutionally by no more than a 3% increase in the value of their property. Most of the growth is from new business and new construction in the County. He said Seminole County is only at 4% for the utility tax and almost everyone else in the region and all the cities are at 10% or close to it. He said the tax increase Mr. Cuddy sees is required by Statute to show how much new revenue the County has over the last year’s budget, based on the current tax situation. He asked Ms. Hall to explain the technicalities of the “Notice of Proposed Tax Increase,” and what rollback and tax increases mean.
Chairman Van Der Weide, Ms. Hall, Commissioners Maloy and Morris also explained the budget process and that the Board did not increase taxes.
Pepe Gaibor, Longwood, addressed the Board to state there are some tax increases. He said he wants to echo Mr. Cuddy’s comments. He said if, as individuals, they have to make adjustments to their income and the same for companies and corporations, then where does the Board come from saying they need more money and this is what they are going to do. He invited the Commissioners to go back to the drawing board and see where the budget needs to be adjusted.
Chairman Van Der Weide requested Mr. Grace to explain the budgeting process and the amount of time the Commissioners have put in going over each department’s budget and the cuts made. He stated there is a tremendous amount of effort that goes into the budget. Whereupon, Mr. Grace explained the process that begins early in the calendar year and continues for a number of months with the culmination at the budget public hearings.
Mr. Gaibor stated his point is at some point, with the situation going on now in the County and Country, the Board has to say, do they have enough or do they need to cut.
Chairman Van Der Weide said he thinks Mr. Gaibor’s questions have been answered by everybody including staff and he is welcome at any meeting of the Board, but he must cut off his discussion because he doesn’t know how to explain the budget any better than they have.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Commissioner McLain stated at the last public hearing, he addressed the issue of the Courthouse and saw a preliminary document from the budget planner earlier, but he doesn’t see it now. He said he is interested in hearing what the contingencies are to overcome the deficits in the third, fourth, and fifth year of the five-year plan to facilitate the payment of the bonds to build the Courthouse.
Mr. Grace answered that is a planning document, and the last version shown in the spring indicated staff was anticipating for the two-year budget now to have $9 million to be made up from somewhere. He said staff balanced both those budgets. He stated he does not have a prepared contingency plan for three or four years out, but the Board has made the Courthouse a priority and told staff to proceed. If they proceed, that will automatically be in the budget and not a discretionary item. If the budgets are tight when they get to the third and fourth years, they will make discretionary decisions to balance the budget, because they don’t have a choice.
Commissioner McLain said he just wants to make sure the Board is aware they have planning documents that currently show they will not be able to afford, under the current revenue or projected revenue, to make the bond payments necessary in the third year of the bond program. That tells him they will have to cut programs to pay for the bond payments and if they don’t cut programs, the Board will have to raise taxes. He said he doesn’t see anytime in the near future that he would be willing to raise taxes.
Chairman Van Der Weide stated he thinks all the Commissioners are aware of the situation. He thinks Mr. Grace made a profound statement when he said they would balance the budget. The Board will do whatever they have to do and he agrees it could mean some cuts in programs, because he doesn’t know anyone on the Commission who wants to consider increasing millage taxes.
Chairman Van Der Weide announced that Commissioner Henley’s wife is in the hospital having a hip replacement and that is why he is not present this evening.
Ms. Hall reviewed the tentative millages approved on September 18, 2001. She advised the tentative aggregate millage rate, exclusive of voted debt service millage, is 6.3590, which is the millage required statutorily to calculate. This represents a 6% increase over the aggregate rollback millage rate of 5.9990.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt the Millage Levy Resolution #2001-R-164, as shown on page _______, adopting the final millage rates, as described in the proof of publication.
Under discussion, Commissioner McLain congratulated each of the Commissioners because they all found ways to reduce the budget. He said he still has some “heartburn” with the amount of money they are financing.
Districts 1, 2, 3, and 5 voted AYE.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to adopt the Budget Resolution #2001-R-165, as shown on page _______, for all funds and recommended positions and pay bands as initially 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 by the Board of County Commissioners, as described in the proof of publication.
Districts 1, 2, 3, and 5 voted AYE.
PLAN AMENDMENT
AND REZONE/E. G. BANKS,
CHARLES W.
CLAYTON, JR., W. MALCOLM CLAYTON
Continuation from September 11, 2001, of a public hearing to consider a Comprehensive Plan Amendment from Medium Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of SR 417 and north of SR 426, E. G. Banks, Charles W. Clayton, Jr., and W. Malcolm Clayton.
Motion by Commissioner Maloy, seconded by Commissioner Morris, to continue to the Spring 2002 Large Scale Amendment Cycle the public hearing to consider the Comprehensive Plan Amendment from Medium Density Residential to Planned Development; and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located west of SR 417 and north of SR 426; as described in the proof of publication, E. G. Banks, Charles W. Clayton, Jr., and W. Malcolm Clayton.
Districts 1, 2, 3, and 5 voted AYE.
PLAN AMENDMENT AND
REZONE
HARLING
LOCKLIN & ASSOCIATES
Continuation from August 28, 2001 and September 11, 2001 of a public hearing to consider the Lake Jesup Woods Large Scale Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling District); property located south of Myrtle Street and east of Hester Avenue, Harling Locklin & Associates.
Matt West, Planning Manager, addressed the Board to state that if the Commission votes to transmit this amendment to the Department of Community Affairs (DCA), the adoption hearing would be held on December 11, 2001, in conjunction with the associated rezoning request. He advised the Local Planning Agency voted 4 to 0 to recommend denial with the staff’s findings.
He reviewed the surrounding zonings and showed an aerial map (copy received and filed) of the pastureland, agricultural lands, and areas with housing already constructed in Autumn Chase.
Mr. Grace left the meeting at this time.
Mr. West also showed a planning map (copy received and filed) of the wetlands showing an approximate boundary of the wetlands as provided by the St. Johns River Water Management District. He said there was a lot of contention and debate at the Local Planning Agency meeting concerning what this map meant. He pointed out it is a planning tool and not ground truth.
Mr. West stated if the Commission desires to transmit the amendment and approves some type of development, Myrtle Street would have to be brought up to County standard. Also, if this property goes to LDR, staff recommends that central water and sewer be provided to this project and that would be a condition of approval. He said the response times are consistent with the Public Safety element. The concurrency aspect has been deferred until later at preliminary subdivision or final subdivision.
Mr. West discussed the wetlands and floodplain issues. He said staff estimates that 75% to 80% of the property is some type of wetland. He explained why this information is significant to know at this time. He stated that the St. Johns District has designated the Lake Jesup Basin as significant and the wetlands in it are very significant, and special attention is given to the impacts to the wetland basin. He read that Objective 7 (copy received and filed) of the Conservation Element of the Comprehensive Plan states, “the County shall protect the functions provided by wetlands.” He read that based upon the applicant’s proposed development program, the project will consist of an estimated 180 to 200 single-family residences on this 80-acre piece, which means there is intent to significantly impact the wetlands on this property. He referred to Conservation Policy 3.6, Wetlands/Floodprone Regulations (copy received and filed), stating that “impacts to wetlands/floodplains beyond what is otherwise allowed in the land development regulations and Comprehensive Plan is prohibited, unless the project has a special reason or need to locate within wetlands (or wetland protection areas), and there is a clear demonstration of overriding public interest, and there is no feasible alternative. In such cases, impacts to wetlands shall be kept to the minimum feasible alteration, while preserving the functional viability to wetland to the maximum extent feasible. All impacts to the wetlands shall be mitigated in accordance with the applicable provisions in the Comprehensive Plan and land development regulations.”
Mr. West read from Conservation Policy 7.10, Wetland Regulation-Intergovernmental Coordination (copy received and filed), that “Seminole County shall coordinate efforts with St. Johns River Water Management District and U. S. Army Corps of Engineers to maximize the benefits of mitigation in the Wekiva, Jesup, and Econlockhatchee River basins, and in the rural areas of the County.” He further read Conservation Policy 3.4 (copy received and filed) that “in order to protect and sustain the functions and values provided by wetlands, the County shall by July, 2001, make all appropriate changes to the W-1 and FP-1 Zoning Overlay Classifications to accomplish the following, which shall serve as general guidelines for regulation of wetlands: modify the Land Development Code to establish areas where no loss of wetlands is appropriate and to require the conservation of wetland systems . . .”
Mr. Grace reentered the meeting at this time.
Mr. West said staff is concerned with the big disparity with the applicant about how much of this property is wetlands and how many homes could be put on the property.
Commissioner Morris stated he thought between the P&Z hearing and tonight’s hearing, some work was to be done by St. Johns to flag the property and let the Board know what is going on.
Mr. West also advised that two eagles nests have been identified in close proximity to this property, and if there is development on the property, the timing of the construction may have to vary around the nesting habits of the eagles.
J. V. Torregrosa, Natural Resources Officer, addressed the Board to discuss the wetlands issue. He noted that his assessment was based on some of the areas and not the entire parcel. His focus was on whether or not there were wetlands outside those identified. He reported his investigation revealed there were areas outside the jurisdictional wetlands delineated by Breedlove, Dennis (applicant’s consultant) that met the criteria for classification as jurisdictional wetlands. He said the St. Johns District was contacted to conduct their own assessment of the site, and the District stipulated that a permission letter from the owner was necessary. The District has not yet received that letter from the property owner.
Mr. West advised the staff’s findings are that the applicant’s request is premature due to the policies listed until they can come to a better understanding of where the wetlands are, and the request is inconsistent with the Plan policies identified. He thinks if this is transmitted to the State, he believes the State will have the same objections. Upon inquiry by Commissioner Morris, Mr. West said he is still opposed to R-1AAA. He explained this request could become a small scale amendment instead of a large scale, depending upon where the wetlands are.
Hugh Harling, Harling Locklin, representing the property owner Ernie Rapp, addressed the Board to state he will review the information (Exhibit package received and filed) he submitted and the maps that more accurately depict the entire area. He said this property has significant drainage implications for the entire basin on Myrtle Avenue and Hester Road. There is a ditch that runs north and south through the property that carries a tremendous amount of water away from the residents and the development and other properties that exist in this area. Additionally, at the northeast corner, there is another section that takes water into the property. He said these are agricultural ditches placed years ago and they have changed the hydrology and hydric nature of the soils in this area. He referred to the FEMA panel (copy in the exhibit package) and he showed the areas in gray depicting the 100-year flood elevations and said there are no 100-year flood elevations on this particular site, so, therefore, there is not a FEMA map or need for a FEMA alteration on this site. He showed the Soils Conservation Service map and said hydric soils are shown on the site and they acknowledge those as definitely wetlands.
Mr. Harling advised when their consultant visited the site, he said it was very thick and there had been a tornado that knocked down a wide swath of trees that made it very difficult to accomplish a wetlands flagging. If the Board allows them to transmit this amendment, they will cut lines on a 100-foot grid on the property and then the wetlands consultant can walk the line and flag the wetlands where identified and survey those lines to get a ground-truth wetland line.
Mr. Harling submitted in the exhibit package two letters from residents who agree this project is compatible and consistent with Seminole County policies on density. He said they have agreed to the R-1AAA zoning, which means the minimum house-selling price would be in the area of $185,000 and would add to the tax rolls. Also, they would comply with all the wetland policies, all the local, State, and federal laws regarding endangered species. Mr. Harling further stated if the Board chooses to transmit the amendment and wish them to come back with a PUD zoning request, they would be willing to do that.
Upon inquiry by Commissioner Maloy, Mr. Harling explained the difference between the map by Breedlove, Dennis and the map by staff is that staff is saying the entire area is hydric and the applicant is saying some of the soils are not hydric, but the condition is due to agricultural ditching. He said if development occurs, they would be placing easements over the ditches to give Seminole County access, and would place easements adjacent to the ditches that give the County the ability to maintain the ditches.
Upon inquiry by Commissioner Morris on the road infrastructure and network not being compatible, Mr. Harling stated they would be required to upgrade the road system in front of the project and through Hester Road. They would also be required to continue to provide drainage flow into the ditch system. Further, he explained their consultant has indicated there are a lot of uplands on this site that can be developed successfully. He described the methods that could be used to avoid taking out all the existing trees.
Upon inquiry by Commissioner McLain, Mr. West discussed the similarities with the Wekiva project and the possibility of developing a PUD. Mr. West said this project is a perfect candidate for a PUD. He explained what the process would be to move forward with a PUD and delineate the actual wetlands. He said to have an adoption this calendar year, December 11 is the last target date. Another consideration would be a small scale amendment for a certain phase and follow with a large scale amendment on the balance of the property.
During discussion with Commissioner McLain, Mr. Harling said if it is the Board’s desire for them to come back with a PD land use and continue to the next cycle to have the answers lacking at this time, and come back with a PUD rezoning, they would support doing that. Additional discussion ensued.
Commissioner McLain stated with the uncertainty and knowing the Board wants to develop a site that is compatible with Suburban Estates, he thinks it is appropriate to continue this to the spring cycle.
Motion by Commissioner McLain, seconded by Commissioner Morris, to continue to the spring cycle the Lake Jesup Woods Large Scale Comprehensive Plan Amendment from Suburban Estates to Low Density Residential; and Rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling District); property located south of Myrtle Street and east of Hester Avenue; as described in the proof of publication, Harling Locklin & Associates; and the applicant is to come back with delineated wetlands lines and a PUD request so they can work out a suitable site plan, if development is possible, that would be compatible with Suburban Estates.
Under discussion, Chairman Van Der Weide called for those who would like to speak for or against the continuance of this request.
Danny DeCiryan, 1581 Silk Tree Circle, addressed the Board to state this is the last piece of woods that goes into the Eureka Hammock/Lake Jesup area and with the discussion on the wetlands, he is asking the Board to reconsider building on this property.
Jean Michels, 370 Miller Road, addressed the Board to state she is glad the Board is continuing the hearing as she thinks it is too important to make a quick decision. She submitted pictures (received and filed) of the area taken during a rainstorm on September 14, 2001, for the Board to review. She said the land is now a sponge.
Wanda Culpepper, 5157 Hercules Court, stated she would wait until the next meeting to make comments. The Written Comment Form from Stuart Culpepper was received and filed.
Robert S. Jasmin, 1153 Myrtle Street, stated he would defer his comments until later.
No one else spoke in support or in opposition.
Speaker Request Form for Earl and Frances Lord was received and filed.
The Written Comment Form for Nancy Jasmin was received and filed.
Districts 1, 2, 3, and 5 voted AYE.
Chairman Van Der Weide recessed the meeting at 8:48 p.m. and reconvened at 8:56 p.m. with all Commissioners, with the exception of Commissioner Morris who was late returning to the meeting. Chairman Van Der Weide went out of the normal order of the agenda to hear from a citizen in the audience.
CITIZEN
INPUT
Dorene Kirk addressed the Board to state there is no way for the disabled to get through the doors with a wheelchair or walker at the opposite side of the County Services Building. She suggested there be a sign at the Courthouse, because there are accessible ramps at the back of the Courthouse, but no one knows that.
Commissioner Morris reentered the meeting at this time.
Ms. Kirk advised of the boards and committees she serves on and said her whole purpose is for transportation for the people who don’t have cars. She thanked the Board for supporting the additional funding by Lynx. She said this morning, the Board had discussion on the transit fiscal study and budget and she wants to give some overview. She feels the fixed route in the para transit that includes ADA and TD are intertwined. She asked the Board to think about having a fixed route on Lake Mary Boulevard and SR 434. Whereupon, Commissioner McLain confirmed with Mr. Grace that the County approved enough money in the budget so there would be no change to the riders with regard to the ¾ mile rule.
Ms. Kirk asked the Board to help convince the legislators to support the bills for the TD Trust Fund. They are SB100 with Senator Mitchell presenting, and HB141 with Representative Greenstein presenting. Discussion ensued. Commissioner Maloy stated it might be detrimental to ADA services to go for a whole new bus route. He said a new route costs approximately $300,000, and it might be better for the County to apply the funds to have ADA stay throughout the County as opposed to starting a new bus route.
AMENDMENT AND
REZONE
M/I
SCHOTTENSTEIN HOMES
Continuation of a public hearing from September 11, 2001, for consideration of a Small Scale Land Use Amendment from LDR (Low Density Residential) to PD (Planned Development); and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located at the southwest corner of Orange Boulevard and Oregon Avenue, M/I Schottenstein Homes.
Kathy Fall, Senior Planner, addressed the Board to present the request.
No one spoke in support or in opposition.
Speaker Request Form for Eric Wills, representing M/I Homes, was received and filed.
Motion by Commissioner McLain, seconded by Commissioner Maloy, to adopt Ordinance #2001-38, as shown on page _______, for a Small Scale Land Use Amendment from Low Density Residential (LDR) to PD (Planned Development); property located at the southwest corner of the Orange Boulevard and Oregon Avenue, approximately 9.69 acres; and adopt Ordinance #2001-39, as shown on page _______, rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); property located at the southwest corner of the Orange Boulevard and Oregon Avenue intersection, approximately 14.53 acres; as described in the proof of publication, M/I Schottenstein Homes; and approval of Development Order, as shown on page _______, subject to staff recommended conditions.
Districts 1, 2, 3, and 5 voted AYE.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 9:13 p.m.
ATTEST ______________________ Clerk ____________________Chairman
slm/er/cc