BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 28, 2004
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday, September 28, 2004, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Sandy McCann
Absent: Commissioner Randy Morris (District 2)
The Invocation was given by Commissioner Carlton Henley.
County Manager, Kevin Grace, led the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-164, as shown on page _______, proclaiming the month of October, 2004 as “Cultural Diversity Awareness Month”.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Solid Waste Manager, David Gregory, member of the Diversity Committee, who addressed the Board to express his appreciation. He advised a banquet will be held on November 19 celebrating diversity in the County.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-166, as shown on page _______, proclaiming the month of October, 2004 as “Florida Greenways and Trails Month”.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Tim Donihi, Chuck and Laurie Wright, members of the Greenways & Trails Committee. Mr. Donihi addressed the Board to express appreciation.
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Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2004-R-167, as shown on page _______, proclaiming October 3-9, 2004 as “Mental Illness Awareness Week - Take Action to Change the Nation”.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Jim Berko and John Reichart. Mr. Berko, Mental Health Center Director, addressed the Board to express appreciation and to advise of a walk-a-thon that will be held on October 9.
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Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2004-R-165, as shown on page _______, proclaiming October 7, 2004 as “Communities in Motion Day”.
Districts 1, 3, 4 and 5 voted AYE.
The Resolution was presented to Belinda Wilson, representing LYNX, who addressed the Board to express her appreciation for the Resolution and for the Board’s support over the years.
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The Chairman advised that the presentation by MyRegion.org has been cancelled due to the hurricane.
Public Safety Director, Ken Roberts, addressed the Board to give a PowerPoint briefing on Hurricane Jeanne. He reviewed the following slides (copy received & filed): Pre-Storm Activities; Protective Actions Initiated; Initial Damage Assessment; and Recovery. He also showed a short video of Lt. Governor Toni Jennings expressing her thanks to all the first responders and County employees who worked the hurricane.
Commissioner Van Der Weide stated the agreement with the 540 radio station worked very well to provide citizens with County information.
Mr. Grace advised he is still working on the low band station. He said this time they preordered ice and water and the locations to distribute them were done prior to the hurricane hitting.
Commissioner Van Der Weide stated he would like to urge legislators during the upcoming session to take a look at the insurance policies and consider a sun-setting provision for the deductibles.
Mr. Grace advised the Legislature is holding a Special Session in December and staff will be bringing back a list of subjects for the Board’s consideration next month.
Commissioner Henley stated he believes it is important for the staff to make the extra effort to find out what kind of damage has been done and what the County can expect from FEMA.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the following:
6. Approve and authorize Chairman to execute the
Agreement, as shown on page _______, between St. Johns River Water Management
District (SJRWMD) and Seminole County for County-Wide Water Supply Planning.
10. Approve and
authorize Chairman to execute the Disaster Relief Funding Agreement, as shown
on page _______, for Federal and State assistance for Hurricane Charley
(FEMA-1539-DR-FL) with the State of Florida Department of Community Affairs.
11. Approve Change
Order #5, as shown on page _______, to FC-1156-01/BJC – CR 427 Phase I with
Southland Construction, Inc., Apopka ($-2,916.75) (Time Extension).
12. Accept the
Certificate of Final Completion, as shown on page _______, for CC-1201-03/BJC –
Athletic Field Lighting Electrical Construction Project with M. Gay
Constructors, Inc., Jacksonville.
13. Approve Amendment #1, as shown
on page _______, to PS-5138-03/BJC – Residential Reclaimed Water Main Retrofit
– Phase I, to PBS&J, Inc. of Orlando ($56,755.00).
14. Amendment #1, as shown on page _______, for PS-590-01/BJC – Minor Roadway and MSBU Design, with HNTB, Inc. (FNA TEI Engineers & Planners) Lake Mary, Inwood Consulting Engineers, Inc., Oviedo, Metric Engineering, Inc., Winter Park, and Professional Engineering Consultants, Inc., Orlando. (Emergency 75-day extension due to Hurricanes Charley, Frances).
16. Approve and
authorize Chairman to execute an Addendum, as shown on page _______, to the
Jetta Point Contract 04-CT-9S-03-F3-A1-055 with Florida Communities Trust to
extend the contract to March 20, 2005 to allow additional time for completion
of the final set of approvals.
17. Approve and
authorize Chairman to execute Addendum, as shown on page _______, to the
Woodland Park Contract 04-CT-9C-03-F3-A1-024 with Florida Communities Trust to
extend the contract to March 20, 2005 to allow additional time for completion
of the final set of approvals.
18. Approve and authorize Chairman to execute the Final Plat for Lake Forest Section 15 consisting of 12 single family residential lots zoned PUD (Planned Unit Development) on a 9.7 acre parcel (Richard D. Bavec, Senior Vice President, Orlando Lake Forest Joint Venture).
19. Approve and authorize Chairman to execute the Final Plat for Trails – Unit 2A consisting of 41 single family residential lots zoned PUD (Planned Unit Development) on a 15.138 acre parcel (Maronda Homes, Inc. of Florida, Wayne Von Dreele, President).
20. Authorize
release of Performance Bond #SU 5005241 (Arch Insurance Company); in the amount
of $915,000.00 dated February 3, 2004, for improvements to the subdivision for
Highcroft Pointe Townhomes (Centex Homes, Cande Craven, Land
Administrator).
21. Approve and authorize Chairman to execute the Final Plat for Buckingham Estates Phase 2 containing 43 lots on 15.62 acres zoned PUD (Planned Unit Development) located north of Markham Road, west of Sandy Lane and east of Lake Markham Road in Buckingham Estates PUD (Allan Goldberg for C & G Real Estate Group Inc.).
22. Approve and authorize Chairman to execute the Final Plat for the Preserve at Astor Farms Phase 3 containing 88 single-family residential lots located NW of Orange Boulevard, west of Ohio Avenue and north of Nevada Avenue within the Preserve at Astor Farms Planned Unit Development (Candice Hawks representing Landstar Development Corporation).
23. Adoption of appropriate Resolution #2004-R-168, as shown on page _______, vacating and abandoning a two (2) foot portion of a seven (7) foot platted utility easement on the north side of Lot 39, Oakland Hills, to eliminate the encroachment of an existing shed into the easement (Jose Gutierrez).
24. Approve request for Special Event Permit for the Heathrow/Lake Mary Festival of the Arts, to be held at 1120-1145 Town Center Avenue (Colonial Town Center), Lake Mary on October 2 & 3, 2004 from 9:00 A.M. to 5:00 P.M., with a free outdoor concert on October 2, 2004 from 6:00 P.M. to 10:00 P.M. (Colonial Realty Ltd. Partnership).
Districts 1, 3, 4 and 5 voted AYE.
County Attorney, Robert McMillan, pulled from the agenda Items #28, James & Anne Gillespie Purchasing Agreement, and #29, Olive Assam Purchase Agreement for Lake Drive.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to approve and authorize the following:
26. Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel ID Number 104, of the Lake Drive road improvement project, located at 4815 E. Lake Drive, Winter Springs, Community Alliance Church of Seminole, Inc., in the amount of $120,000.00, with no fees, costs, or expenses incurred.
27. Approve and authorize execution of Purchase Agreement, as shown on page _______, relating to Parcel IB #107/707 of the Lake Drive road improvement project, located at 4805 E. Lake Drive, Winter Springs, in the amount of $127,000, inclusive of all attorney’s fees and expert costs incurred.
28. WITHDRAWAL of request for approval of Purchase Agreement for Parcel #118/718, Lake Drive road improvement project, located at 4722 E. Lake Drive, Winter Springs, James M. & Anne J. Gillespie, in the amount of $45,000, inclusive of all attorney fees and expert costs incurred.
29. WITHDRAWAL of request for approval of Purchase Agreement for Parcel #135, Lake Drive road improvement project, located at 1940 Lake Drive, Casselberry, Olive Assam, in the amount of $95,000, inclusive of all attorney fees and expert costs incurred.
30. Authorize Binding Written Offer for Parcel Numbers 20-21-31-5CB-0000-0090, 20-21-31-5CB-0000-008A, 20-21-31-5CB-0000-008B, 16-21-31-5CA-0000-1110, 16-21-31-5CA-0000-112A, 16-21-31-5CA-0000-112D, 16-21-31-5CA-0000-112E, 28-21-31-300-0110-0000, 28-21-31-507-0D00-0000, 28-21-31-507-0E00-0000, 28-21-31-300-0090-0000, 28-21-31-502-0A00-0000, 28-21-31-300-0050-0000, 28-21-31-302-002D-0000, 28-21-31-302-002F-0000, 28-21-31-302-002G-0000, 27-21-31-513-0A00-0000, 27-21-31-513-0B00-0000, 27-21-31-513-0G00-0000, in the Consumer/Lake Hayes Water Transmission Main Project.
Districts 1, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Van Der Weide to approve and authorize the following:
1. Expenditure Approval Lists, as shown on page _______, dated August 30 & September 10, 2004; and Payroll Approval Lists, as shown on page _______, dated August 12 & 26 and September 9, 2004.
2. Chairman to execute the following Satisfactions of Judgment for Court Costs:
Debra Lee Johnson, Case #01-6522-MMA - $528 Court Costs and Public Defender Application Fee
Michael Peverini, Case #02-2338-CFA - $555.50 Court Costs and Fine
3. Approval of Official Minutes dated August 24, 2004.
Districts 1, 3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s “received & filed”:
1. Letter to Maryanne Morse, Clerk of Court, and
Kevin Grace, County Manager, from Tom Tukdarian, Dovera Community Development
District, re: Fiscal Year 2005 Meeting
Dates.
2. Executive Orders, as shown on page _______, as
follows: #2004-03 Declaring State of
Local Emergency; #2004-04 Imposing Emergency Restrictions; #05-2004 Imposing
General Curfew; #2004-07 Lifting Mandatory Evacuation Applicable to Mobile
Homes and Manufactured Housing; #2004-08 Amending Executive Orders Relating to
Curfew and Alcoholic Beverages; and #2004-09 Revoking Executive Order.
3. Memorandum to Sandy McCann, Supervisor County
Commission Records, from Denes Balo, Director Clerk’s Finance, submitting
Clerk’s FY 2004/2005 Budget, as shown on page _______.
4. Second Amendment, as shown on page _______, to
RFP-4201-03.
5. First Amendment, as shown on page ______, to
IFB-3089-04.
6.
First
Amendment, as shown on page _______, to PS-590-01, Transportation Engineering,
Inc.
7.
First
Amendment, as shown on page _______, to PS-590-01, Inwood Consulting Engineers.
8.
First
Amendment, as shown on page _______, to PS-590-01, Metric Engineering, Inc.
9.
First
Amendment, as shown on page _______, to PS-590-01, Professional Engineering
Consultants.
10.
CC-1242-04
Agreement, as shown on page _______, Turnbull Environmental, Inc.
11.
Change Order
#4, as shown on page _______, to FC-1156-01.
12.
Work Order #1,
as shown on page _______, to PS-5161-04.
13.
M-453-04 Basic
Contract, as shown on page _______, Connect Consulting, Inc.
14.
M-454-04 Basic
Contract, as shown on page _______, Connect Consulting, Inc.
15.
M-456-04 Basic
Contract, as shown on page _______, Spectrum Florida, LLC.
16.
Amendment #1,
as shown on page _______, to Work Order #1 to RFP-4108-01.
17.
Work Orders #14
& #15, as shown on page _______, to CC-1222-03.
18.
Work Order #6,
as shown on page ________, to PS-593-01.
19.
Work Order #2,
as shown on page ________, to PS-5140-03.
20.
Amendment #1,
as shown on page _______, to Work Order #14 to PS-586-01.
21.
Work Order #9,
as shown on page _______, to PS-5150-03.
22.
M-455-04 Basic
Contract, as shown on page _______, SiteSecure, Inc.
23.
Satisfaction of
Lien, as shown on page _______, for Mark Welch, Code Enforcement Case
#03-42-CEB, approved by the BCC on April 13, 2004.
24.
Development
Orders, as shown on page _______, as follows:
#04-30400003, Ted Denault Variance; #04-3000014, John Kiernan Special
Exception; #04-31000015, Helen Albright Special Exception; #04-32000019,
Markham Woods Presbyterian Church Special Exception and Variances;
#04-30000124, Daniel & Diana Marsden Variance; #04-30000123, Shirley &
Russel Jones Variance; #04-30000122, Deborah Senft Variance; #04-30000121,
James & Regina Daniels Variance; #04-30000120, William Burgess & Susan
Geller Variance; #04-30000119, Rodney Teate Variance; #04-30000116, Joseph
Castello Variance; #04-30000115, Joseph Head Variance; #04-30000112, Hughley
& Gano Variance; #04-30000109, Darel Taylor Variance; #04-30000107, Cary
& Shelly Atherden Variance; #04-30000106, Kalpathy & Girija Sundaram
Variance; and #04-3100013, Arthur & Barbara Blaksley Special Exception.
25.
Satisfaction of
Lien, as shown on page _______, for Shirley Jones, Code Enforcement Case
#90-34-CEB, as approved by the BCC on November 18, 2003.
26.
Memorandum to
Sandy McCann, County Records, from Debra Edge, County Attorney’s Office,
submitting a Quit Claim Deed, as shown on page _______, for Albert &
Mildred Mikolajcik, re: property being
acquired per threat of condemnation.
27.
Amendment to
Conditional Utility Agreements, as shown on page ________, for water and sewer
service with Lakeview @ Heathrow, LLC for the project known as Lakeview @ Heathrow.
28.
Amendment to
Conditional Utility Agreements, as shown on page _______, for water and sewer
service with Seminole County Public Schools for the project known as Hagerty
High School.
29.
Conditional
Utility Agreements, as shown on page _______, for water and sewer service with
Windsor Oaks, LLC for the project known as Windsor Oaks.
30.
Memorandum to
Sandy McCann, Commission Records, from Jean Abi-Aoun, Planning &
Development, re: P&D Outstanding
Documents.
31.
Memorandum to
Dixie Haller, Planning & Development, from Sandy McCann, Commission
Records, re: P&D Documents.
32.
Memorandum to
BCC from Kevin Grace, County Manager, re:
Capital Project Fund Transfer relating to the Training Center.
REGULAR AGENDA
Linda Eiland, Insurance, addressed the
Board to request renewal of the Self-Insurance Program through Arthur J.
Gallagher & Co. She stated that
this is the best renewal agreement the County has had in five years.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to authorize renewal of Self-Insurance
Program through Arthur J. Gallagher & Co., effective October 1, 2004; and
authorize the Chairman to execute Agreements, as shown on page _______.
Districts 1, 3, 4 and 5 voted AYE.
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Kevin Fall, Economic Development, addressed
the Board to advise staff recommends adoption of the resolution continuing the
Jobs Growth Incentive Program.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to adopt appropriate Resolution
#2004-R-170, as shown on page _______, authorizing the continuance of the Jobs
Growth Incentive Program.
Districts 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
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Colleen Rotella, Community Resources
Manager, addressed the Board to request authorization for staff to initiate the
Local Housing Assistance Plan Disaster Strategy to eligible homeowners on a
countywide basis. She advised the
grants would be in an amount of up to $10,000 to assist eligible homeowners
with hurricane insurance deductibles and hurricane related mitigation/recovery
repairs. She stated the homes must be
assessed by the Property Appraiser no higher than $106,899 and owners must meet
income requirements.
Upon inquiry by Commissioner Henley, Ms.
Rotella advised staff is asking to use $2 million of unencumbered SHIP funds
for this assistance.
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide to authorize staff to initiate the Local
Housing Assistance Plan Disaster Strategy to eligible homeowners on a
countywide basis which would provide grants of up to $10,000 to assist eligible
homeowners with hurricane insurance deductibles and hurricane related
mitigation/recovery repairs.
Districts 1, 3, 4 and 5 voted AYE.
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Assistant Planning Manager, Tony Walters,
addressed the Board to present the Preliminary Plan for an Urban Conservation
Village single-family subdivision located at 1435 Myrtle Street, Sandy
Bierly. Mr. Walters stated staff has
met with the neighborhood on several occasions to get their input on the
plan. He said the area residents did
have concerns about the stormwater design; but this is a conceptual design with
final engineering at a later time. They
also had concerns about the type of plants used in the landscaping plan so the
applicant has been working with Environmental Services and revisions have been
made to include drought-tolerant plants.
The residents also would like to see the recreational area moved from
the front of the property farther back into the property.
District Commissioner McLain agreed that
the recreational area needs to be moved back into the property. He also stated he would like to see
connectivity from the rural trail to the rear of the property.
Michell Tanner, representing the applicant,
addressed the Board to advise the developer has no problem with moving the
recreational area from the front of the property to the back. She stated that as far as the connection
with the trail, they feel strongly that an open connection to the trail will create
safety issues for the residents. Therefore,
they would like to be allowed to have gated access to the trail only.
District Commissioner McLain stated he has
no problem with allowing the developer to have a controlled access to the trail
and would recommend approval.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to approve the Preliminary Plan for the
Urban Conservation Village single-family subdivision located at 1435 Myrtle
Street, Sandy Bierly, including the developer’s commitment to move the
recreational area from the front of the property and the controlled access to
the trail.
Districts 1, 3, 4 and 5 voted AYE.
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Eugene Chambers, Community Resources,
addressed the Board to present changes to the SHIP Local Housing Assistance
Plans FY July 2001 through June 2004 and July 2004 through June 2007. He advised that he has added two resolutions
(for the two fiscal years) to the agenda packet.
Commissioner Henley stated he would like to
see $160,000 maximum home sale prices for both new and existing homes. Whereupon, Chairman McLain agreed with
Commissioner Henley.
Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide to approve changes to the SHIP Local
Housing Assistance Plans, including changing the maximum home sale prices for both
new and existing homes to $160,000.
Districts 1, 3, 4, and 5 voted AYE.
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Motion by Commissioner Henley,
seconded by Commissioner Van Der Weide to adopt appropriate Resolution
#2004-R-175, as shown on page _______, approving proposed changes to the SHIP
Local Housing Assistance Plan for FY July 2001 through June 2004; and to adopt
appropriate Resolution #2004-R-176, as shown on page _______, approving
proposed changes to the SHIP Local Housing Assistance Plan FY July 2004 through
June 2007, including the change from $150,000 to $160,000 for both the new and
existing homes’ sale prices.
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Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to authorize staff to initiate
competitive procurement procedures to select a firm to provide residential
solid waste collection services in Franchise Service Area 3.
Districts 1, 3, 4, and 5 voted AYE.
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The meeting was recessed at 10:44 a.m.,
reconvening at 10:51 a.m., with all Commissioners (with the exception of Chairman
McLain) present.
Vice Chairman Maloy assumed the position of
Chairman.
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Director of Environmental Services, Bob
Adolphe, addressed the Board to introduce Alan Oyler, Deputy Public Works
Director, and Thomas L. Lothrop, Wastewater Division (both from the city of
Orlando).
Deputy Public Works Director for the City
of Orlando, Alan Oyler, addressed the Board to give a PowerPoint presentation
(copy received & filed) on the Iron Bridge Water Reclamation Facility
Rehabilitation. He reviewed the
following: History; Plant Rerating;
Improvements Program; Cost Sharing with the Partners; Capacity Allocation;
Improvements Program Original Partners; Improvements Program Current Partners;
Projected Expenditure Schedule; and Cost Sharing with the Partners. He advised the total cost of the project
is $42,091,885 and of that Seminole County’s share is $7,447,849.
Mr. Adolphe advised they expect to fund by
including it in a capital improvements
bond that will be in an amount of $20 to $25 million.
Environmental Services Manager, Bob Briggs,
addressed the Board to advise the impact of the proposed debt service on an
average residential water bill is 80 cents to one dollar a month (3%). He further advised that staff anticipates
bringing the bond issue to the Board in December or January.
Mr. Grace advised no BCC action is needed
today as the agreement with the City of Orlando will be forwarded to the County
Attorney’s Office for review.
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Assistant Planning Manager, Tony Walters,
introduced Bill Merck, Vice President of Administration & Finance at the
University of Central Florida (UCF).
Bill Merck, UCF, addressed the Board to
display a large aerial (not received & filed) depicting the college
property. He advised the master plan is
a ten-year plan that is updated every five years. He pointed out, for the Board’s information, the plans for
additional parking garages, intramural sport fields, expanding the arena by
10,000 additional seats; and increasing campus housing by 2,000 beds with
additional parking. He advised that
they have included in the plan that all the stormwater run-off will be at
pre-development conditions. The
retention ponds will be managed because they will be used for irrigation.
Vice Chairman Maloy thanked Mr. Merck for
his presentation.
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Mr. Grace presented request from Tax
Collector, Ray Valdes, to extend the 2004 tax roll. Copy of Memo dated September 13, 2004 was received and
filed.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to authorize extending the 2004 Tax
Roll.
Districts 1, 3 and 4 voted AYE.
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The Board was advised that the applicant
has requested Item #48, Appeal against
BOA, Micah Savell, Trinity Capitol LTD, be continued until the next BCC meeting. The Board voiced no objections to the
continuance.
Mr. Grace advised that Item #51, Appeal
against BOA, Chuluota Community Association, Inc., has been withdrawn.
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PUBLIC
HEARINGS
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to authorize filing the proofs of publication for today’s public hearings.
Districts 1, 3, 4 and 5 voted AYE.
Continuation of a public hearing from
September 14, 2004, to consider an Appeal of the Board of Adjustment’s decision
to deny a side yard setback variance from 10 feet to 4 feet for two existing
carports for property at 228 Vinewood Drive; as described in the proof of
publication, Arthur Chick.
Kathy Fall, Senior Planner, addressed the
Board to state Tom Helle, Building Department, did visit the site but he could
not substantiate if the structures were up to code without engineering
drawings.
Tom Helle addressed the Board to state he
visited the site yesterday and these are aluminum carports and they appear to
be according to standards, but he can’t determine if they are built according
to code until Mr. Chick pulls a building permit.
Chairman McLain advised Mr. Chick that if
the Board decides to allow him to maintain those structures, he would have to
obtain a building permit to make sure they meet the County Code. If he doesn’t, he will have to come back
before the Board.
Arthur Chick, appellant, addressed the Board to state he had no
additional information. He said he
would meet with the Building Department.
No one spoke in support or in opposition.
Speaker Form for Mr. Chick was received and filed.
District Commissioner McLain stated he visited the site and viewed the
two carport garages. Mr. Chick does
have an elderly father he is caring for.
He said he doesn’t see any problems with these structures to protect the
occupants from the rain and so forth.
He has no objections to reversing the Board of Adjustment’s decision and
issuing a variance and requiring Mr. Chick to go to the Building Department and
acquire the proper permits to make sure the buildings meet code; and if he
fails to do so, the motion would require him to remove the structures. He thinks giving him 60 days to do that is
appropriate.
Commissioner McLain clarified for Commissioner Van Der Weide that Mr.
Chick would remove any one or both structures that do not meet the
standards.
Motion by Commissioner Van
Der Weide, seconded by Commissioner Maloy, to reverse the Board of Adjustment’s
decision, thereby, approving a side yard setback variance from 10 feet to 4
feet for two existing carports for property located at 228 Vinewood Drive;
requiring Mr. Chick 60 days to obtain building permits to make sure the
structures meet the building code and if he fails to do so, he will be required
to remove the structures; as described in the proof of publication, Arthur
Chick.
Districts 1, 3, 4 and 5 voted AYE.
VACATE AND ABANDON
MARTHA A. HUGHES
Proof of publication, as shown on page
_______, calling for a public hearing to consider adopting a Resolution to
vacate and abandon the westerly 8 feet of a 15-foot wide platted drainage
easement located on Lot 8, Morgan Place Subdivision, 6203 Courtney Cove,
Apopka, Florida, Martha A. Hughes, received and filed.
Denny Gibbs, Planner, addressed the Board
to present the request, stating staff recommends approval of the Resolution to
vacate and abandon.
Al Terroni (phonetic), Engineer, 621
Sherwood Drive, addressed the Board to state the property owner understands
that once the swales are constructed, they cannot be removed.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by
Commissioner Henley, to adopt appropriate Resolution #2004-R-171, as shown on
page _______, vacating and abandoning the westerly 8 feet of a 15 foot wide
platted drainage easement located on Lot 8, Morgan Place Subdivision, 6203
Courtney Cove, Apopka, Florida; as described in the proof of publication,
Martha A. Hughes.
Districts 1, 3, 4 and 5 voted AYE.
RIGHT-OF-WAY VACATE
SPRING HAMMOCK NATURAL LANDS
Proof of publication, as shown on page
_______, calling for a public hearing to consider adoption of a Resolution
vacating those portions of the unimproved rights-of-way of Fifth Road, Fourth
Road, Midway Road, Third Road, Second Road, Pennsylvania Parkway, Osprey Trail,
High Street and all of Woodsdale Avenue and Forest Avenue, Spring Hammock,
received and filed.
Rebecca Hammock, Principal Planner,
addressed the Board to present the request, stating staff has no objections as
the requests to vacate will not hinder any access to the adjacent properties
and the rights-of-way are no longer needed for public use.
Chairman McLain submitted a letter to Ms.
Hammock from Shannon Bigham regarding access to property in Spring Hammock.
Shannon Bigham, on behalf of property owner
James Bryan, III, addressed the Board to state Mr. Bryan wanted to make sure he
still has some provision to access this property.
Chairman McLain stated it does not look
like any of the roads being vacated will impact the property she is talking
about, and staff has assured the Board that Mr. Bryan’s access won’t be
blocked.
Ms. Hammock stated staff was aware of the
concern regarding access to the property so they did not vacate the entire
property.
No one else spoke in support or in
opposition.
Speaker Request Form for Ms. Bigham was
received and filed.
Motion by Commissioner Henley, seconded by
Commissioner Van Der Weide, to adopt appropriate Resolution #2004-R-172, as
shown on page _______, vacating those portions of the unimproved rights-of-way
of Fifth Road, Fourth Road, Midway Road, Third Road, Second Road, Pennsylvania
Parkway, Osprey Trail, and all of Woodsdale Avenue and Forest Avenue, as shown
on the plats of Shuman’s Addition to Eureka Hammock and Spring Hammock; as
described in the proof of publication.
Districts 1, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
No Report.
The following Communications/or Reports were received and filed:
1. Letter dated 9/10/04 to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Fire District (Unincorporated & Altamonte Springs) preliminary calculations for proportionate share of 2004-05 budget.
2. Letter dated 9/10/04 to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Unincorporated Road District preliminary calculations for proportionate share of 2004-05 budget.
3. Letter dated 9/10/04 to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Board of County Commissioners preliminary calculations for proportionate share of 2004/05 budget.
4. Letter dated 9/10/04 to Chairman McLain from Cheryl Moore, Congressman Tom Feeney’s Office, re: NRCS Emergency Watershed Protection Funds from Hurricane Charley.
5. Letter dated 8/31/04 (with attachment) to Chairman McLain from John Saboor & Doug Barclay, Central FL Sports Commission, re: August activity report.
6. Notice of 9/23/04 Tri-County League of Cities meeting.
7. Letter dated 8/30/04 (with attachment) to Chairman McLain from Kevin Fall, US 17-92 CRA Coordinator, re: Notice to Taxing Authorities and 9/14/04 public hearing.
8. Fax dated 9/13/04 to Matt West, Planning Manager, from Eric Wills, M/I Homes, re: Riverton Rezone request for continuance.
9. Letter dated 9/14/04 to BCC from The Sustainable Communities Advisory Council re: offer to assist County in educating the public on proposed charter amendment for rural boundaries.
10. Memorandum dated 9/13/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $43,624 for survey and design of the Training Center.
11. Notice of 9/16/04 Seminole County Historical Commission.
12. Letter dated 9/10/04 to Chairman McLain from Diane Pickett Culpepper, Bright House Networks, re: additions to High Definition (Hi-Def) PAK.
13. Copy of letter dated 9/10/04 to Bob Adolphe, Environmental Services Director, re: lift station operations.
14. Fax form letters dated 8/19 to BCC re: support of Animal Cruelty Ordinance from: Naomi Renert; Leta B. Climer; Clyde H. Climer; Karen L. Griffin; Melissa Warren; Robin J. Muzeka; Patty Kittle; and Louise Warring.
15. Copy of letter dated 9/13/04 (with attachment) to Ray Valdes, Tax Collector, from Cathy Collins, FL Dept. of Revenue, re: 2004-05 Tax Collector budget. (cc: BCC, County Managers)
16. Memorandum dated 9/15/04 to BCC from Kevin Grace, County Manager, re: Capital Project Fund transfer, $42,011 for Northwestern Ave. final construction.
17. Notice of 9/20/04 Longwood City Commission meeting.
18. Notice of 10/12/04 Seminole County BCC public hearing re: Country Club Rd. rezone for Ellen H. Franklin & Ruth Key.
19. Memorandum dated 9/14/04 to BCC from Alfred Canepa, SJRWMD, re: Proposed revisions to Chapter 40C-2 F.A.C.: Consumptive Uses Regarding Water Conservation/Irrigation Efficiency & General Consumptive Use Permit by Rule.
20. Copy of letter dated 7/28/04 to Kevin Grace, County Manager, from Frank Clifton, Casselberry City Manager, re: County ordinance proposing to impose urban/rural boundary restrictions via county-wide referendum. (cc: Deputy County Managers, Planning & Development Director, Planning Manager)
21. Memorandum dated 9/16/04 to Clerk of Court, Chief Judge, Property Appraiser, Sheriff, Elections Supervisor and Tax Collector from Kevin Grace, County Manager, re: financial challenges facing Seminole County as a result of Hurricanes Charley and Frances.
22. Memorandum dated 9/16/04 to Dept. Directors from Kevin Grace, County Manager, re: hiring freeze and 5% reduction in departmental budgets.
23. Memorandum dated 9/13/04 to BCC & County Manager from Jerry McCollum, County Engineer, re: future trail bond projects.
24. Letter dated 9/13/04 to BCC from Linda McNamara, Sutherland Management, Inc., re: new construction of Lawton Chiles Middle School in The Sanctuary subdivision. (cc: Deputy County Manager [DF], Planning Manager, Development Review Manager, Building Official)
25. Copy of letter dated 9/16/04 (with attachment) to Nancy Gildersleeve, Tuska Ridge HOA, from Bob Adolphe, Environmental Services Director, re: response to citizen’s letter of 9/10/04, Scandia Terrace/Tuska Ridge subdivisions.
26. Notice of 9/28/04 City of Lake Mary Planning & Zoning Board re: property south of W. Lake Mary Blvd., north of Big Lake Mary, west of College Ave. (cc: County Manager, Planning & Development Director, Planning Manager, Elections Supervisor, Property Appraiser)
27. Parks & Recreation Contract, as shown on page _______, for Services with David Hernandez (Tennis Instructor).
28. Fax dated 9/21/04 to Don Fisher, Deputy County Manager, Mahmoud Najda, Development Review Manager, and Matt West, Planning Manager, from Jonathan Dicki, The Chuluota Community Assoc., Inc. re: notifications of proposed development.
29. Copy of memorandum dated 9/24/04 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
30. Copy of letter dated 9/21/04 to Brigitte S. Nyhaus from Suzy Goldman, Library & Leisure Services Director, re: appreciation for German translation of the Museum of Seminole County History tour.
31. Letter dated 9/20/04 (with attachment) to Chairman McLain from Thomas J. Litwiler, Fletcher & Sippel Attorneys at Law, re: FL Central Railroad Co. abandonment exemption in Seminole & Orange Counties. (cc: BCC, County Managers, Planning Manager, Development Review Manager, Community Resources Manager, Environmental Services Director, County Engineer)
32. Copy of letter dated 9/17/04 to Kevin Grace, County Manager, from Rodney R. Smith, Central FL Regional Hospital, re: appreciation for efforts of County staff and emergency personnel during and following Hurricanes Charley and Frances.
33. Fax dated 9/24/04 to Michael Brown, Under-Secretary of Emergency Preparedness & Response-U.S. Dept. of Homeland Security, from Congresswoman Ginny Brown-Waite, Congresswoman Corrine Brown, Congressman Tom Feeney, Congressman Mark Foley, Congresswoman Katherine Harris, Congressman Alcee Hastings, Congressman Adam Putnam, Congresswoman Ileana Ros-Lehtinen, and Congressman Robert Wexler, re: FEMA decision not to reimburse fees for removal of debris from private property following Hurricanes Charley, Frances and Ivan.
34. Seminole County Executive Order #2004-10 dated 9/24/04 re: declaration of State of Local Emergency in Seminole County for Hurricane Jeanne.
35. Letter dated 9/20/04 to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Board of County Commissioners final calculations for proportionate share of 2004-05 budget.
36. Letter dated 9/20/04 to Chairman McLain from Bill Suber, Property Appraiser, re: Seminole County Unincorporated Road District final calculations for proportionate share of 2004-05 budget.
37. Letter dated 9/20/04 to Chairman McLain
from Bill Suber, Property Appraiser, re:
Seminole County Fire District (Unincorporated & Altamonte Springs)
final calculations for proportionate share of 2004-05 budget.
38. Notice of 9/22/04 SJRWMD public hearing at District Headquarters, Palatka, re: Forever Florida Trust Fund Work Plan Annual Update.
Commissioner Henley reported that the Lynx
Board has recommended an increase in fares for the next budget hearing. The implementation date is targeted for
March, 2005, if approved. He said the
Lynx Board had a study done and the recommendation was made based upon various
riderships. Commissioner Henley said he
would see that this information is provided to the BCC.
Commissioner Henley stated they have
received emails on the complaints about the Huntersfield site. It seems the other night a truck came in
about midnight and worked till about 4 a.m.
When a citizen spoke to the Casselberry City Manager about it, she was
told he couldn’t verify that.
Commissioner Henley requested Mr. Grace to send a letter to the City
asking for greater consideration for the citizens.
Mr. Grace said he would check into this.
Chairman McLain stated for tonight’s public
hearing, Items #47 and #48 have requested continuances. With no objections from the Board, he said
he thinks staff should notify the people who might attend tonight that the
Board’s intent is to continue those items and the only discussion will be
regarding their continuances.
Chairman McLain said Item #51 has been withdrawn and the Board can accept the withdrawal by motion and notify the people they don’t need to attend the meeting at all.
Commissioner Maloy advised that the appellant sent a letter requesting the withdrawal.
Motion by Commissioner Maloy, seconded by Commissioner Henley, accept withdrawal of Item #51, the Appeal of the Board of Adjustment’s decision to approve a special exception; as described in the proof of publication, Chuluota Community Association, Inc., appellant; and authorize a refund of the application fee less the advertising costs.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide stated the mosquito spraying was very effective in his district. He would like to make sure the County is prepared to go as quickly as they can when the problem reoccurs.
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Commissioner Maloy said they all received a letter from Bill Stevens asking the Board to revisit the Alcohol Ordinance. The City of Casselberry revised their ordinance to 2 p.m. He wanted to see if anyone was interested in the Board bringing that back and copying after that same model. That seems to be prevalent throughout now.
There was no response from any member of the Board on the prevailing side of the vote to bring this issue back up.
Chairman McLain stated, regarding MetroPlan and the $2 surcharge on rental cars, that it looks like they might have a better opportunity this year to get that accomplished. He proposed designating a portion of those funds for the capital and operating costs of the fixed guideway for a commuter rail, which would cover the cost more than enough. This surcharge is estimated to generate $40 million in the region. To implement the entire commuter rail project would require $20 million in local match. After the project is completed, one-half of the $20 million would be more than enough to operate the shortfall in operation and maintenance of the project. Any excess funds would be used for other transportation-related issues. Chairman McLain said he thinks the proposal will be well received. He has met with several of the members and they are happy with that. He asked if any of the BCC had any comments.
Commissioner Van Der Weide stated he thinks if they require the County to go to the voters for approval, the voters would realize the benefit of it through an education program. He said something like this is really needed.
Mr. Grace stated, as a result of the last
Board meeting, they talked about some of the concerns regarding obligations due
to the storms. Staff has prepared the
Board an outline (copy received and filed) of the scenario whereby they can
meet those responsibilities. He said he
is assuming the $15 million is the worst-case scenario. This information is focused on about five
funds for $30 million that could be tapped into. That would leave $15 million so they would not be totally
depleted. He referred to the other
information (received and filed) on dollars that would be frozen under the
budget freeze. He said he has received
a response from some of the Constitutional Officers and that is about another
half million dollars. He is pretty
comfortable at this point that the County is in a position to meet the
obligations.
Commissioner Henley asked if anyone is keeping track of all the volunteer hours that have been contributed, like from the Salvation Army and others volunteer groups. He understands that some of this can be counted towards the County’s share.
Lisa Spriggs, Fiscal Services Director, addressed the Board to state that Seminole Community College is in charge of that and they are assembling that information to go to FEMA. She advised that amount is not included in the information now being provided to the Board.
Commissioner Henley asked if any things targeted would have any impact on the issue the Board talked about this morning concerning Iron Bridge and bond money. Mr. Grace responded there are some water and sewer capital items that are being put on hold. After reviewing the items, he said it doesn’t look like it would affect the Iron Bridge project.
Mr. Grace explained that he went across the board with the freeze plan so in the worst-case scenario, they could borrow from the funds.
Chairman McLain stated he has concern about the re-carpeting at the Public Safety Building. He said there was a lot of mildew in the building and he doesn’t know how long they want to leave that in and have it cause some problems.
Mr. Grace agreed that the carpeting is needed. He said everything listed is needed, but their recommendation is that these are not critical and can wait. He advised Commissioner Henley that this is a report to the Board as they requested. If the Board does not make any changes, these items will be frozen. He said it is probably not critical that the carpeting wait for 60 days. He further explained that these are not cuts, but may turn into that if they need the monies. He stated he had said in 60 to 90 days he thought they would have a much better handle on the situation and he would bring this back to the Board in November.
Chairman McLain asked what process would they use to prioritize as to which of the items they will take out of the budget. Mr. Grace stated he will come back with a specific recommendation that he is going to need a certain amount of dollars and give his recommendation of where they will come from.
Ms. Spriggs stated her staff is in the process of completing the 72-hour reimbursement for debris and preparedness. She said probably as quickly as the next Board meeting, they can give the Board an update on what that amount would be. She reported that the Sheriff’s Office has completed their application for $150,000.
Upon inquiry by Commissioner Henley, Ms. Spriggs stated they are currently having to pay bills and the largest bills are for debris removal. She said the money the County will be receiving back for the 72-hour period is going to be in the payroll area.
Upon inquiry by Chairman McLain, Ms. Spriggs advised the Board approved a contract for debris removal. This has not been in a budgetary format because it’s hard to say how they are going to pay. She stated $2.4 million was paid out last week and came out of Solid Waste reserves. The County has incurred about $10 million worth of debris removal to date.
Commissioner Henley asked when will the Board be given the staffing cost on this, as to what they are paying and how many. Mr. Grace stated as soon as they get that information. Commissioner Henley said other governmental agencies are not following the policy of paying their employees when they declare a no-work day. They require the employees to take vacation or something of that sort. Mr. Grace said some agencies do the same as Seminole County. Whereupon, Commissioner Henley stated he would like to know what other county is paying their employees also.
Mr. Grace discussed with Commissioner Van Der Weide how the debris removal is being handled. He said there was no schedule. The workers are finishing the first pass through the neighborhoods and then they will go back and do a second pass through. Commissioner Van Der Weide stated his concern is that the workers are just “cherry picking.” That is, they are going where they don’t have to go very far and filling their trailers and moving quickly to the dump site. Mr. Grace said the County is paying people to monitor the debris pickup.
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Mr. Grace referred to the memorandum (copy
received and filed) from Janet Davis to him about six of the 17 positions that
are in the new budget. He said these
six are reclassified positions, and they are already filled. He would like the Board to exempt them from
the freeze and go ahead and reclassify them beginning October 1, 2004. He also asked the Board to exempt from the
freeze the three Facilities positions for the new courthouse. There would still be 46 positions budgeted
to freeze. Of those, 38 are existing
and eight are new positions.
Commissioner Henley said Mr. Grace probably needs the full Board for this decision. He said Commissioner Morris is the one who insisted upon a freeze and he is not present. He said there are some positions listed that he personally doesn’t approve of.
He said he believes the courthouse people need to be there and oriented before the new facility opens. Discussion ensued.
The Board, by unanimous consensus, agreed on exempting from the hiring freeze the three positions (two Tradesworkers and one Certified Tradesworker) for the new courthouse.
Upon inquiry by Chairman McLain, Commissioner Henley said he thought he made himself clear before when they talked about part-time positions that the Board had not really approved.
Chairman McLain said they have six positions they could terminate on September 30 and then at the full Board meeting on October 12, they would have to rehire. He suggested allowing them to continue until the next Board meeting and then they will make the decision based on the full Board being present.
Commissioner Van Der Weide said that would be fine with him as the people are already on the payroll.
Commissioner Henley said he is not particularly pleased with that. He has talked to the County Manager on numerous occasions about the growth of government. Every year, the budget has gone up because of salary increases and required benefits. If the majority of the Board feels so, they can keep the positions until there is a full Board. The Board continued their discussion.
Chairman McLain said he thinks it is only fair to keep those people until they have a full Board because Commissioner Morris asked for the freeze. He thinks that is the practical and reasonable thing to do.
Commissioner Van Der Weide said the issue is they have employees in limbo basically because of a policy change. They are going to be in limbo until the next Board meeting.
Commissioner Henley said he hopes they learn something from this experience and don’t have department heads engaging people unbeknown to the Board.
Chairman McLain said the consensus is to let the people (six positions) stay until the October 12, 2004, Board meeting. Mr. Grace will bring the issue back when Commissioner Morris is present and the Board will decide if those positions will be included in the freeze or not.
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Mark Flomerfelt, Stormwater, addressed the
Board to introduce Frank Clark and Owen Reagan, Principal Engineer. He advised that last Tuesday, they had a
meeting with all the cities attending and discussed coordination with regards
to spraying for mosquito control. Mr.
Clark announced that the State of Florida had been under contract with Clark
Mosquito Control to do aerial spraying.
On September 23, 2004, they performed aerial spraying over the entire
County through the State of Florida Department of Agriculture and FEMA.
Frank Clark addressed the Board to present a PowerPoint (CD received and filed) discussion of the Mosquito Control Program. He showed a chart of the number of mosquitoes before and after spraying which shows the spraying is effective. He said he hopes FEMA will authorize another spraying and do State funding again, but he is not sure how the State and FEMA will do this. Mr. Clark answered brief questions by Commissioner Maloy. He advised he thinks it does have to be a joint program of spraying and larviciding. He said with an area as large as Seminole County, there would be migration outside the program area, so there has to be a two-fold effort.
The meeting was recessed at 2:32 p.m., reconvening at 7:00 p.m., this same date, with all Commissioners and all other Officials with the exception of Deputy Clerk Carylon Cohen, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
Continuation of a public hearing to consider request to approve Major Amendment to the existing Deer Run PUD Agreement and enact an Ordinance for a rezone from PUD to PUD, and approve the Final Master Plan for 3.6 acres located on the west side of Daneswood Way between South Eagle Circle and the Deer Run Country Club Clubhouse subject to Addendum #8 to the Developer’s Commitment Agreement, as described in the proof of publication, Thomas Daly.
Tina Deater, Planning, addressed the Board to advise the applicant has requested that this item be continued to October 12, 2004.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Maloy, seconded by Commissioner Henley to continue to October 12, 2004 at 7:00 p.m., or as soon thereafter as possible, request to approve Major Amendment to the existing Deer Run PUD Agreement and enact an Ordinance for a rezone from PUD to PUD, and approve the Final Master Plan for 3.6 acres located on the west side of Daneswood Way between South Eagle Circle and the Deer Run Country Club Clubhouse subject to Addendum #8 to the Developer’s Commitment Agreement, as described in the proof of publication, Thomas Daly.
Districts 1, 3, 4 and 5 voted AYE.
APPEAL OF BOA/Micah Savell (Continued)
Continuation of a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny a request for a Special Exception to establish gasoline pumps as an accessory use to a convenience store in the PUD (Planned Unit Development District) located on the southeast corner of the intersection of Tuskawilla Road and SR 426, as described in the proof of publication, as shown on page ________, Micah Savell, Trinity Capitol LTD.
Matt West, Planning Manager, addressed the Board to advise the applicant has requested that this item be continued to October 12, 2004.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide to continue to October 12, 2004 at 7:00 p.m., or as soon thereafter as possible, request for a Special Exception to establish gasoline pumps as an accessory use to a convenience store in the PUD (Planned Unit Development District) located on the southeast corner of the intersection of Tuskawilla Road and SR 426, as described in the proof of publication, Micah Savell, Trinity Capitol LTD.
Districts 1, 3, 4 and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to approve a Special Exception to establish a church and attendant facilities (River Run Christian Church) on property zoned A-5 (Rural Zoning Classification District), located on CR 419, Chuluota Community Association, received and filed.
Chairman McLain stated the applicant has requested that this item be withdrawn, therefore, it will not be heard tonight.
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of the Final Millage Rates for FY 2004/05 and adoption of the Final Budget for all funds for FY 2004/05, received and filed.
Chairman McLain reminded the public that the Board does not have control over the tax levies and budgets of the School Board, Water Management District or any of the seven cities in Seminole County. He also reminded the public that any questions regarding property assessments should be addressed with the Property Appraiser. The Board has limited authority over the budgets of the Constitutional Officers of Seminole County. The Clerk of Court is a fee officer whose charges are set by Florida Statutes. The Property Appraiser and Tax Collector budgets are reviewed and approved by the State Department of Revenue. The Sheriff has the right to appeal any decision regarding his budget to the Governor and Cabinet.
At the request of Kevin Grace, County Manager, Lisa Spriggs, Fiscal Services Director, addressed the Board to review the millage rates information. She stated the General Countywide Millage is 4.9989 (4.79% increase over rolled-back rate of 4.7709). The Certified Tentative Millage for County Debt Service Millage Environmental Sensitive Lands is 0.0795; 0.0926 for Trails Development; Special Districts Fire/Rescue MSTU 2.6334 (4.71% increase over rolled-back rate of 2.5150); and Unincorporated Road MSTU 0.1228 (5.27% increase over rolled-back rate of 0.1167). She said the tentative “aggregate” millage rate, exclusive of voted debt service millage, is 6.6913, which represent a 4.79% increase over the “aggregate” rolled-back millage rate of 6.3854.
Mr. Grace stated the proposed budget maintains a stable millage rate and continues the County’s traditional focus on law enforcement, public safety, and transportation with 50 cents out of a $1.00 being spent in these areas. He stated the County has a number of challenges to maintain that current millage rate and the biggest challenge is the County has experienced three hurricanes over the last six weeks. The County will likely be facing millions of dollars in unanticipated costs that will not be reimbursed by FEMA or the State. Staff has submitted a general outline of how those costs might be covered through various reserve funds while still maintaining reasonable reserve levels. It will approximately be 60 to 90 days before the final costs are known. He stated he is comfortable that the County will meet their financial obligations relating to these storms. He said he has implemented a budget freeze plan identifying $13 million in planned expenditures that will be frozen in the next fiscal year until he knows the final cost of the hurricanes. He added he has implemented a hiring freeze of 52 positions. He recommended the Board adopt the proposed budget as presented. He stated the total proposed budget for FY 2004/05 is $593,372,673.
Ms. Spriggs referred to Page 9 and 10 of the Proposed Budget FY 04/05 Booklet (received and filed) and reviewed the Summary Appropriation by Fund as outlined.
Patty Comings, Budget Manager, addressed the Board to state the Adjustments for the General Fund consist of: Allocation of $206,640 for an underground fuel tank out of the General Fund to the Fire Protection Fund, Transportation Fund, Water & Sewer Fund and Solid Waste Fund; $45,000 in the General Fund for installation of an emergency generator to allow Facilities Maintenance to be fully operational during storms; and an increase in Beginning Fund Balances due to carry forward current dollars approximating $5.7 million.
Upon inquiry by Commissioner Henley, Mr. Grace advised there is a hiring freeze of 52 positions minus the ones that they discussed this afternoon.
Ms. Spriggs explained for Commissioner Henley the difference in the definition of reserves and contingency.
Upon inquiry by Commissioner Henley, Ms. Spriggs advised the reserve number is approximately $7 million listed in the budget reserve. Staff has reevaluated the revenues coming in as well as lapsed dollars and the expenditure appropriation area. That has been completed and the fund balance carried forward will be approximately $11 million.
Upon inquiry by Commissioner Henley, Ms. Spriggs advised the additional revenues that will not be spent is an increase of $4 million and that is a hard figure at this time.
Upon inquiry by Commissioner Henley, Mr. Grace advised that if staff needs additional monies for the hurricanes, they would find that amount in the budget.
At the request of Chairman McLain, Ms. Spriggs restated the tentative millage rates as outlined on Page 6 of the Proposed Budget Booklet.
Upon inquiry by Chairman McLain, Ms. Spriggs indicated that the taxing authority is Seminole County, Florida.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Resolution #2004-R-173, as shown on page _________, adopting the final millage rates for FY 2004/05, as described in the proof of publication.
Districts 1, 3, 4 and 5 voted AYE.
- - -
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to adopt appropriate Budget Resolution #2004-R-174, as shown on page ________, for all funds for FY 2004/05 as tentatively approved by the Board of County Commissioners (BCC) and subsequently amended as the final budget of the BCC, as described in the proof of publication.
Districts 1, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
Chairman McLain recessed the meeting at 7:15 p.m., reconvening at 7:17 p.m.
REZONE/Eric Wills (Continued)
Continuation of a public hearing to consider request to Rezone from R-1AAA (Single-Family Dwelling District) to R-1AA (Single-Family Dwelling District); approximately 15.65 acres located on the southeast corner of the intersection of Orange Blvd. and Wilson Road, as described in the proof of publication, Eric Wills.
Tina Deater, Planning, stated the purpose of the Rezone is to allow the applicant to build a single-family subdivision. She stated the subject property has a future land use designation of Low Density Residential (LDR), which allows the proposed R-1AA zoning. Staff used a weighted method for determining lot size compatibility declared by the Land Development Code. Staff feels that it is compatible with the surrounding zoning districts. Staff recommends approval of the R-1AA zoning classification. However, the Board should be aware that in 1999, when the future land use amendment to LDR for this property and several others in the area was done, and at that time indicated that the most appropriate zoning district for this property was R-1AAA. There was no formal commitment made that the property could not rezone for anything besides R-1AAA. The P&Z Commission recommended approval of R-1AA.
Commissioner Henley stated the last time the Board reviewed this area and rezoning, they took a strong position that they would assure the people out there that this property would be developed at the same level as Tall Trees. He stated he would like to know what happened out there that changed that feeling.
Ms. Deater stated the Board took that position at that time, but when this application came before staff, they used the weighted method for rezoning.
Eric Wills, applicant, addressed the Board to state he concurs with staff comments and he will be glad to answer any questions.
Mr. Wills answered questions for Chairman McLain relative to the number of lots he is committing to and the size of the lots.
Matt West, Planning Manager, answered questions for Commissioner Henley relating to water consumption being reserved for this development.
John Dwyer, 257 Meadow Beauty Terrace, addressed the Board to submit his comments and a copy of the map (both received and filed) that was used when the Land Use was done in 1999. He indicated on the map where the subject property is located. He reviewed a brief history relating to the LPA’s recommendation, the year the Land Use was changed, traffic issues, and the fact that there are no significant changes in the area except for the water plant to the south of Orange Blvd. He stated during school hours, it is extremely difficult for anyone living in the Berington Club subdivision to make a left turn onto Orange Blvd. Water restrictions have been in effect for the 2 years and he doesn’t feel it makes sense to add more homes in the area. He said he and other residents in the area bought their homes with the assurance that the property would be R-1AAA in the future. He added he wants to make sure there will be consistent lot sizes in their area. He asked the Board to keep R-1AAA zoning and to keep the lot sizes consistent with what Tall Trees has in that area.
Upon inquiry by Commissioner McLain, Mr. Dwyer advised he is not opposed to three additional homes, but he would like to keep the lot sizes the same.
Upon further inquiry by Commissioner McLain, Mr. Dwyer advised he hasn’t seen any changes in the area to warrant the requested rezone. He stated Ms. Deater commented that the compatibility ordinance was not used in 1999 that there was no formal commitment. He said he remembers the Board making the commitment that the resident would be assured that it would remain R-1AAA and be consistent with Tall Trees development.
Barry Smith, 224 Meadow Beauty Terrace, addressed the Board to speak with regard to his community being concerned about the precedent that could be set by increasing the density. He stated that area does not have the infrastructure to support increasing the density of the area properties. The fear of the residents is not three houses, but this property will open the floodgate to higher density on other surrounding properties. He said he is not opposed to development but increasing the density in the area is not a wise thing to do.
At the request of Commissioner McLain, Mr. West reviewed some of the properties that currently would be at risk of setting a precedent for higher densities.
Commissioner Henley asked that with the changes of the school and the water plant, is staff implying that R-1AAA is no longer compatible.
Mr. West stated it is compatible and staff just used the weighted method as one criteria.
Upon inquiry by Commissioner Maloy, Mr. West advised the maximum density across the street is one unit per acre.
Mr. Wills stated with respect to the changing character, he pointed out the townhome site to the east. He reiterated his comments relating to the rezoning request.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner McLain stated the minutes of five years ago reflect that the Board assured the residents that they would retain the area as R-1AAA. Staff has evaluated this under the Code and they feel it is compatible for R-1AA. He stated he has not heard anything tonight that would change his statement five years ago. Based on prior commitments of five years ago, he cannot support the request to rezone to R-1AA.
Motion by Commissioner Maloy, seconded by Commissioner Henley to deny request to Rezone from R-1AAA (Single-Family Dwelling District) to R-1AA (Single-Family Dwelling District); approximately 15.65 acres located on the southeast corner of the intersection of Orange Blvd. and Wilson Road, as described in the proof of publication, Eric Wills.
Districts 1, 3, 4 and 5 voted AYE.
REZONE/Gregory Leonard
Proof of publication, as shown on page _______, calling for a public hearing to consider request to Rezone from R-1AAA (Single-Family Dwelling District) to A-1 (Agriculture District) for approximately 3.94 acres, located on the north side of Lake Howell Lane, approximately 550 ft. east of Lake Ann Lane, Gregory Leonard, received and filed.
Tina Deater stated the applicant is requesting the rezone to allow horses on his property. The future land use designation for the property is LDR, which allows the proposed A-1 zoning classification. She reviewed the zoning of the surrounding areas. She advised staff recommends approval and the P&Z Commission also recommended approval of the rezoning request.
Upon inquiry by Chairman McLain, Gregory Leonard, applicant, addressed the Board to advise he has no additional comments.
No one spoke in support or in opposition.
Motion by Commissioner Maloy, seconded by Commissioner Henley to adopt Ordinance #2004-39, as shown on page _______, granting rezoning from R-1AAA to A-1 for approximately 3.94 acres, located on the north side of Lake Howell Lane, approximately 550 ft. east of Lake Ann Lane, as described in the proof of publication, Gregory Leonard.
Under discussion, Commissioner Henley stated there have been extensive discussions about split lots and he has noticed that these names are cropping up again. He said he believes one of them was turned down. He stated he would like to know what tax implications does this have.
Upon inquiry by Chairman McLain, Ms. Deater advised this isn’t a lot split, just split zoning on a single lot.
Commissioner Maloy stated it wouldn’t create another buildable lot. It would reduce the density and allow fewer homes to access to that road.
Commissioner Henley stated if a portion of that lot is down zoned, then they would have to build one house on A-1 zoning.
Chairman McLain stated they would still have one house unless they come in and do a subdivision plan to develop the property. They must obtain approval for that.
Ms. Deater stated in order to build another house on the property, they would have to bring the road up to County standards. They would then have to submit a plan to subdivide it.
Districts 1, 3, 4 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 7:50 p.m., this same date.
ATTEST:______________________Clerk______________________Chairman
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