BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 9, 2003
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 9, 2003, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Daryl McLain (District 5)
Vice Chairman Grant Maloy (District 1)
Commissioner Randy Morris (District 2)(Late)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
County Manager Kevin Grace
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Elder Hezekiah Ross, Sanford Free Will Holiness Church, gave the Invocation.
Commissioner Van Der Weide led the Pledge of Allegiance.
The Chairman convened the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at this time.
Kevin Fall, CRA Coordinator, addressed the Board to request authorization of Change Order #1 to M-368-03/BJC Sanford Public Farmers Market approving a time extension of twenty-one (21) calendar days to the contract. He stated the contractor is only requesting a 21-day extension due to permitting issues, delivery of materials and the weather causing delays.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to authorize Change Order #1, as shown on page ________, to M-386-03/BJC Sanford Public Farmers Market
approving a time extension of twenty-one (21) calendar days to the contract.
Districts 1, 3, 4 and 5 voted AYE.
The Chairman closed the CRA meeting and reconvened the BCC meeting at this time.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley to adopt appropriate Resolution #2003-R-138, as shown on page ________, proclaiming the month of September as “Leukemia & Lymphoma Awareness Month.
Districts 1, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Jim Weinberg of the Leukemia & Lymphoma Society. Mr. Weinberg addressed the Board to express his appreciation to the Board for their support and for being great partners with this organization. He stated he would like to recognize Ms. Betsy Cohen who is a member of the Board of Trustees.
Chairman McLain informed the Board of Add-on Item #6A, BCR 03-63, with a correction and Item #9A, Award Bid-293-03/GMG. He stated Item #7, Award RFP-4186-03, will be pulled from the agenda.
Commissioner Morris entered the meeting at 9:40 a.m.
Upon inquiry by Commissioner Maloy, Francisco Torregrosa, Planning, addressed the Board to advise staff made some additions to the wording relative to logging of timber on agriculture farms for Item #19, Consider amendments to LDC, Chapter 60 Arbor Regulations, and it did not affect the final draft. He stated the wording “including Section 60.5.1, Exemption of Agricultural Uses.”
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize and approve the following, as amended.
5. Adopt appropriate Resolution #2003-R-140, as shown on page _________, approving for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance by the Highlands County Health Facilities Authority of its (i) Revenue Bonds (Adventist Health System/Sunbelt) in an aggregate principal amount not to exceed $50,000,000 with respect to facilities in Seminole County in one or more series over the longest period permitted by law and (ii) Revenue Bonds (Adventist Health System/Sunbelt, Inc. Accounts Receivable Program), in an aggregate principal amount not to exceed $50,000,000 with respect to facilities in Seminole County in one or more series over the longest period permitted by law, all for the benefit of Adventist Health System/Sunbelt, Inc., a Florida not-for-profit corporation (“Sunbelt”).
6. BCR #03-81 - $83,000 – Public Works – Roads/Stormwater – Fund: 13000 – Stormwater Fund. An accounting adjustment is requested to establish the Northwestern Avenue and Horselovers Lane Stormwater Projects. Funding to set up these projects is available from the Little Wekiva Basin Project.
6A. BCR #03-63 - $130,000 – Administrative Services – Facilities Maintenance – Fund: 00100 – General Fund. Transfer to funds to provide for chemical cleaning and sealing of the entire exterior of the Courthouse and Courthouse Annex. The caulked joints were done during original construction over 30 years ago and have deteriorated to the point that they can no longer maintain waterproof integrity.
7. Pulled from agenda request to award RFP-4186-03/JVP, LAN/WAN Intrusion Security Services for Seminole County, to Coleman Technologies, Inc. of Orlando (Not-to-Exceed $200,000.00 per year).
8. Award IFB-3073-03/GMG, as shown on page ________, Term Contract for the Purchase of Ford Light to Medium Duty Vehicles, to Don Reid Ford, Maitland (Not-to-Exceed $1,000,000.00/year).
9. Award IFB-3074-03/GMG, as shown on page ________, Term Contract for the Purchase of Chevrolet Mini Vans, to Bill Heard Chevrolet, Sanford (Not-to-Exceed $100,000.00/year).
9A. Award Bid-293-03/GMG, as shown on page ________, Cleaning and Caulking of Exterior of County Courthouse and Annex Buildings to AFP/A Fusion Painting, Inc., Miami ($110,940).
14. Approve and authorize the Chairman to execute four (4) Satisfactions of Second Mortgage, as shown on page _________, Gerald Martin, Jr. & Julie Martin; Lucious Brown, Sr. and Sonya Brown; Stacy Morningstar; and Eileen White for households assisted under the SHIP Program’s Home Ownership Assistance Program.
23. Approve and authorize Chairman to execute the Emergency Management Preparedness and Assistance Trust Fund Base Grant Agreement, as shown on page ________, between State of Florida Department of Community Affairs and Seminole County to receive a non-matching grant of $102,959.00.
Districts 1, 2, 3, 4 and 5 voted AYE.
Robert McMillan, County Attorney, addressed the Board to advise he has included in the backup a copy of the draft ordinance relating to Alcoholic Beverage Sales (Item #30). He stated he wants to make sure that the ordinance meets the Board’s concerns prior to the proposed public hearing.
Commissioner Henley stated he fails to see any major changes other than the extension of the amount of time a beverage has to be consumed and that is the only concern he has.
Commissioner Maloy stated he feels there is a problem with consuming alcohol after 2:00 a.m. He stated in looking at Brevard, Volusia and Orange Counties ordinances, he feels the one thing Seminole County’s ordinance lacks is the word “consume”. He said he would support clarification of the current ordinance as opposed to creating a new ordinance to address the simple issues. He added he would prefer doing that instead of moving forward with this ordinance.
Commissioner Henley stated the County would be allowing the residents to consume after 2:00 a.m. and he doesn’t see there is a necessity for that.
Chief Deputy Steve Harriett, Sheriff’s Office, addressed the Board to state the intent of the amendment of the ordinance was to facilitate enforcement in a clear way. Because the current ordinance does not address consumption after 2:00 a.m., the Sheriff’s Office is unable to enforce a closing time, so there would be individual interpretations for a particular establishment. Therefore, the Sheriff’s Office came to the Board for clarification. There were certain members of the alcoholic beverage industry asking for consideration for those patrons who purchase alcoholic beverages in advance of 2:00 a.m. He said they felt that the 30-minute time would be a reasonable grace period to allow the patrons to consume that beverage. Therefore, the 30-minute window was built in with the alternate agreement. The Sheriff’s Office is trying to be flexible and fair as it relates to the patrons and establishments.
Commissioner Maloy stated Section 4 of the current ordinance says that “it is unlawful for any person in unincorporated Seminole County to sell, barter, exchange or in any manner deal in alcoholic beverages in any place between the hours of 2:00 a.m. and 7:00 a.m.” He stated it would be simple to put “consumption” in the current ordinance.
Commissioner Morris stated there is an issue of a single drink and the nature of people trying to buy a bottle or leave with a bottle. Most places will close when they know they cannot serve. The purpose of the business is to make money.
Mr. McMillan stated if the Board wants a closing time, they need to put that in the ordinance.
Commissioner Van Der Weide stated if the County is going to rewrite this ordinance, the Board needs to bring it back at a later date and come to a consensus on this. He stated the big problem is the volume of sales and how do you sell someone a fifth of liquor and they have to consume it in 15 minutes.
Mr. McMillan stated the issue is what time frame can you put on a person buying a single drink. The issue is whether you are going to mandate a closing time. An exception must be put in for food services so they can stay open but cannot sell alcohol after that time.
Commissioner Van Der Weide stated the Board does not want to be in the position of extending the drinking hours in Seminole County. That is what keeps hanging this up. He stated hopefully, the Sheriff’s Office and Mr. McMillan can come to a consensus that this Board will feel comfortable with. It has a lot to do with the volume of the drink and when they can reasonably consume it. He said he feels there are specific issues that need to be addressed.
Chairman McLain recommended pulling Item #30, Alcoholic Beverage Sales Ordinance, and bringing it back at a later date. The Board voiced no objections.
Motion by Commissioner Van Der Weide, seconded by Commissioner Maloy to authorize and approve the following:
25. Approve and execute Purchase Agreement, as shown on page _________, relating to Harman Property, Parcel Numbers 218/818 of the East Lake Mary Boulevard, Phase IIB road improvement project, located at 3740 Bridges Road in the amount of $53,000.00 with no attorney’s fees or expert costs incurred.
26. Approve and execute Purchase Agreement, as shown on page _________, relating to Estate of Friedrich and Elizabeth Schmidt Property, Parcel Numbers 223/823 of the East Lake Mary Boulevard, Phase IIB road improvement project, located at the corner of Cameron Avenue and Moore’s Station Road, in the amount of $40,200.00, inclusive of attorney’s fees and costs.
27. Approve and execute Purchase Agreement, as shown on page _________, relating to Sawyer Property, Parcel Numbers 209/709/809 of the East Lake Mary Boulevard, Phase IIB road improvement project, located at 4030 Chickasaw Drive, in the amount of $39,500.00, inclusive of attorney’s fees and costs.
28. Approve and execute Purchase Agreement, as shown on page __________, relating to parent track of Rokowski/Pooser Property, Parcel Number 145 of the Lake Drive road improvement project, located at 1821 Lake Drive 50 feet west of Sunset Road, for a whole take amount of $132,500.00, with no fees or expenses incurred.
29. Approve and execute Purchase Agreement and Agreement for Extended Possession, as shown on page ________, for relocation purposes relating to Jones Property, Parcel Number 150 of the Lake Drive road improvement project, located at 1438 Azalea Avenue, for a whole take amount of $150,000.00, with no fees or expenses incurred.
30. Pulled from the agenda, request for advertising of the proposed Alcoholic Beverage Sales Ordinance for Public Hearing as requested by Sheriff’s Office.
31. Approve proposed amended settlement relating to American Bronze Fine Art Foundry, Inc.’s, Property, Parcel Number 102 of the East Lake Mary Boulevard Segment I road improvement project, located on the north side of East Lake Mary Boulevard, 1,000 feet east of County Road 427, in an additional amount of $2,338.29.
32. Approve mediated settlement relating to Silver Lake Realty Company Property, Parcel Number 103 of the East Lake Mary Boulevard, Segment I road improvement project, located at 1770 East Lake Mary Boulevard, in the amount of $570,000.00, inclusive of land value, severance damage, and statutory interest. Attorney fees for benefit obtained are statutorily set at $29,576.25.
33. Approve proposed negotiated settlement relating to Parcel Numbers 134, 734 and 834 of the Dodd Road road improvement project, located at 1491 Dodd Road, in the amount of $37,336.30 for expert costs, Floyd Family Trust Property.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Morris stated he would like a summary of the COPS Program of how many police officers were brought on board and how many now are off the three-year period of time and the projections for that.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize and approve the following:
A. Expenditure Approval Lists, as shown on page _________, dated August 19 & 26, 2003; and Payroll Approval List, as shown on page _________, dated August 14, 2003.
B. Chairman to execute Satisfaction of Judgment/Bail Bond Lien for Tavares K. Thomas & Lexington National Ins. - $2,380.
C. Chairman to execute Satisfaction of Judgment/Application of Indigency Fee for James Phillip Brewer III, #99-4703-CFA - $40.
D. Approval of BCC Official Minutes dated August 12, 2003.
39. Approve and authorize Chairman to execute the Federal COPS Grant, as shown on page _________, to recognize the addition of eight (8) new Deputy Sheriff positions to the Sheriff’s Office budget, increasing the Sheriff’s Office FY 2003/04 Budget by $200,000 and General Fund grant revenues by an equivalent amount.
40. Approve and authorize Chairman to execute State of Florida Department of Transportation Grant, as shown on page _________, to recognize the addition of two (2) new Deputy Sheriff positions and increase the Sheriff’s Office FY 2003/04 Budget by $92,286 and General Fund grant revenues by an equivalent amount.
41. Adopt appropriate Budget Amendment Resolution #2003-R-143, as shown on page ________, in the amount of $79,097 for the Bureau of Alcohol, Tobacco, Firearms and Explosives Grant Award to administer, present and deliver the Gang Resistance Education and Training program.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “received and filed”:
1. Memo from Buddy Balagia, Community Development, to Sandy McCann, Commission Records, RE: Outstanding P&D Documents.
2. W.O. #10, as shown on page _________, to RFP-4173-02/BJC, Lake Drive.
3. W.O. #69, #70 & #71, as shown on page _________, to FC-1139-00/BJC, Minor Construction Projects.
4. W.O. #10, as shown on page _________, to PS-372-97/BJC, Lockhart-Smith Canal.
5. W.O. #14 & #15, as shown on page _________, to PS-5129-02/BJC, Surveying Services.
6. First Amendment, as shown on page __________, to Engineering Agreement (M-365-03/BJC) Fleet Services Emergency Power.
7. Ship Home Roof Repair Agreement (M-392-03/AJP), as shown on page _________, with Corinthian Builders, Inc.
8. Sealing of Exterior of Seminole County Transfer Station Agreement (#291-03/BJC), as shown on page __________.
9. Fifth Amendment, as shown on page _________, to PS-549-00/BJC, New Criminal Justice Center.
10. American Living SHIP Program Subrecipient Agreement, as shown on page __________, for 2003/2004, as approved by the BCC on September 10, 2002.
11. First Amendment to W.O. #65, as shown on page __________, to FC-1139-00/BJC.
12. W.O. #2, as shown on page _________, to PS-5107-01/BJC.
13. Memo from BeJay Harbin, Development Review, transmitting the following Maintenance Bonds, as shown on page ________, Lake Mary Boulevard Retail Center/CVS Drugstore - $2,324.16; Wal-Mart Neighborhood Market - $3,853.95; Crown Colony - $12,082.74; Sturbridge Oaks - $5,257; & Courtesy Jeep - $5,874.42.
14. Engineering Services Agreement (M-389-03/TLC), as shown on page _________, HVAC System at Public Safety Building.
15. First Amendment, as shown on page __________, to W.O. #37 to PS-590-01/BJC.
16. Interlocal Agreement, as shown on page __________, with UCF RE: lake testing.
17. Letter to Sandy McCann, Commission Records, from Lynn Blosser, Banc of America Securities, requesting audio tape of BCC meeting.
18. Revised Notice of Hearing Conference from PSC RE: AT&T Communications of the Southern States, LLC.
19. Second Amendment, as shown on page _________, to Contract for RFP-4164-02/GG, Pest Control.
20. W.O. #57, as shown on page __________, to PS-590-01/BJC, Signal Design.
21. Copy of Resolution #2003-R-11, as shown on page _________, commending Richard Colegrove as adopted by the BCC on January 14, 2003.
22. W.O. #3, as shown on page ________, to PS-5102-01/BJC, PBS&J.
23. W.O. #18, as shown on page _________, to PS-5129-02/BJC, Midway Basin Stormwater Inventory Mapping.
24. Copy of memo to BCC from Kevin Grace, County Manager, RE: Capital Project Fund Transfer for Little Econ River Basin/$214,200.
25. Letter to Maryanne Morse, Clerk of Circuit Court, from Thelma McPherson, City of Casselberry Clerk, transmitting Ordinance #03-1089, Annexation of 2904 Leonard Casselberry Property.
26. Development Orders, as shown on page _________, for the following July BOA Decisions: Bennie Brown; David Johnson; Sue Parker; Michael Steiner; Christine M. Rendell; R. Thomas Benson; Fabio Norena; Christopher J. Court; Walter K. Juergensen; Flugent Street Motel & Hotel, Inc.; H.A. Rhoden; Danny L. Smith; and Frances F. Holmes.
27. Development Order, as shown on page _________, for Clarissa Thomas-Gladman.
28. Development Order, as shown on page __________, for the following variances: Gene Polino; Gerald Bolena; Shah Jahan; Brandy Thomas; and Sandra Spessard.
29. Assignment of Utility Agreement, as shown on page __________, for sewer service with Edward N. Fielding, Jr. & Clayton Investments for Aloma Square.
30. Acceptance of water system within Markham Estates/Bill of Sale, as shown on page __________.
31. Development Order, as shown on page _________, for the Special Exception for Trinity Assembly of God.
32. Engineering Services Agreement for MSBU Club Cove (M-388-03/PWM), as shown on page __________.
33. First Amendment, as shown on page _________, to Security Services Agreement (RFP-4188-03/BJC).
34. Kids House of Seminole, Inc. Subrecipient Agreement, as shown on page __________, for 2003/2004.
35. Purchase Agreement, as shown on page __________, for Lake Mary Boulevard Ph. IIB Parcel #838, Marvin Gene Scott.
36. Bids as follows: #CC-1213-03/PWM; AB/3075-03/JVP; RFP-4190-03/JVP; RFP-4196-03/DRS; CC-1217-03/AJP; and CC-1212-03/PWM.
Kevin Grace, County Manager, addressed the Board to request Board direction on allocating funds from the FY 2003/2004 General Fund Budget to Orlando Regional Medical Center (ORMC) Level One Trauma Center.
Commissioner Henley stated the Board has been involved in this because of the decisions made by the Trauma Center’s Board. The request of the Trauma Center is for each of the counties to contribute $600,000. It disturbs him that ORMC, a private organization, is going to each of the surrounding counties, which doesn’t occur anywhere else in the State, asking for tax dollars. The Legislation has come through dealing with the caps, but he doesn’t know what the impact will be. He stated he believes the hospital can keep the center open if they choose to do so because of the amount of money they have in their reserves. He said he spoke with Mr. Grace relative to information about the County’s pay band. It became clear that the County has just under 100 employees that make below the poverty level and in order to bring those employees up from the poverty level, it would take less than 1/3 that is being asked by ORMC to supplement and guarantee $4,000 a day to neurosurgeons, who are already making $755,000 a year. He said he feels the hospital can handle that without having to go to the government. Therefore, he is reluctant to grant the request.
Commissioner Morris stated he concurs with some of Commissioner Henley’s comments. He stated the Trauma Center is asking for $600,000; but the true user rate is $348,000. There are citizens in Seminole County that use the emergency rooms at ORMC and Daytona Beach, as well as citizens from surrounding counties using Seminole County’s emergency room. He said he is in the position that he does not agree intellectually or philosophically with the way this process started. The solution is not with the local taxpayers’ money. This is a regional issue that could grow to a crisis. He added as much as he disagrees going forward, he would support $348,000. He stated Seminole County is the one and only area in the state that do not have public hospital districts. The County is being asked as a government to come into an independent system. He said he would support the County Manager’s recommendation.
Commissioner Van Der Weide stated the State Legislature recently acted on the cap and now the insurance companies have the responsibility to respond. He said he is not sure if they responded to date. There will be a meeting of the Statewide Coalition of Hospitals on September 23, 2003 and hopefully there will be a regional task force put together in October. He stated he feels this issue needs to be put back on the State Representatives’ laps, but at least they will be involved with the funding. He feels it is too soon as there is a lot of work that needs to be done. He stated he would like to see what the statewide coalition and task force will come up with.
Commissioner Maloy stated it is frustrating to him that the County is put in a position to donate money to a problem in which they did not create. He recently received a letter from Doctor Davis, who is leading the push for the insurance reforms at the State level. He stated he feels the State has come forward at some point in putting some reforms in place, but he is uncomfortable using tax dollars to solve a problem that they did not create.
Chairman McLain stated the hospital had problems with their doctors and malpractice insurance and since that time the level two trauma has become more prevalent in the newspaper. He stated whatever recommendation the Board makes to the Legislation, the true responsibility is to clarify the problem on the malpractice and to deal with the issue of funding the Trauma Center.
Commissioner Morris stated the BCC has discussed this issue extensively and he knows there are increasing salaries. If the County is not taking care of their own emergency rooms, what they need to do is move forward and sit down with some of the medical leaders in this County. The County needs to be proactive in this process versus sitting back.
Chairman McLain stated he believes there is majority consensus from the Board not to allocate funds for the ORMC Level One Trauma Center at this time. The Board will continue to evaluate the problem, work the Legislature and take a lead in consulting with the medical professions.
Commissioner Morris stated he still believes the limited funding would give the Board a better seat at the table.
Jeff Hopper, Planning, addressed the Board to present request to approve the Final Master Plan and Developer’s Commitment Agreement for Mikler/Chapman PUD located on the northeast corner of Mikler Road and Chapman Road, Bill Rigsby. He stated the applicant is proposing to develop 77 single-family homes on a 46-acre site. He said staff is recommending approval of the proposed request.
Motion by Commissioner Maloy, seconded by Commissioner Henley to approve the Final Master Plan and Developer’s Commitment Agreement, as shown on page _________, for Mikler/Chapman PUD located on the northeast corner of Mikler Road and Chapman Road, Bill Rigsby, based on staff findings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ray Hooper, Acting Fiscal Services Director, addressed the Board to request authorization to proceed and select a bank to refinance the County’s Tourist Development Tax Bonds and approve a resolution authorizing the refunding.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize proceeding and selecting a bank to refinance the County’s Tourist Development Tax Bonds and adopt appropriate Resolution #2003-R-139, as shown on page _________, authorizing the refunding.
Districts 1, 2, 3, 4 and 5 voted AYE.
Jerry McCollum, County Engineer, addressed the Board to request approval of the landscaping criteria, as outlined, for Major County Roadway Projects. He reviewed the landscaping relating to replacing planting beds with canopy trees. He stated staff has been working with local governments and homeowner associations who want to work with the landscaping.
Commissioner Maloy stated he wouldn’t continue planting any more of the Lily Turf. He said the sycamore tree is one that holds up real well in parking lots and under stress.
Mr. McCollum stated staff can look at that.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to approve the landscaping criteria, as outlined, for Major County Roadway Projects.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain recessed the meeting at 10:22 a.m., reconvening at 10:42 a.m.
Suzy Goldman, Library & Leisure Services, addressed the Board to request Board direction on request from the Seminole Softball Club for expansion of softball fields at Soldier’s Creek Park. She stated the County has two priority use agreements with the organization for use of two softball fields and the restroom/concession/meeting building at the site. She said games are played all day every Saturday and all the fields are completely full. She reviewed the short term proposal of converting the smaller open field to a warm-up and practice area with two backstops. She advised the club has agreed to fund this with the exception of the clay. In order to provide more softball fields at Soldier’s Creek, staff recommends a long-term solution of expanding the park directly northwest of the current boundary of the park. She stated the Public Works Department will be briefing the Board this fall regarding the trail alignment and the possible development of a trailhead on this site. Presently, trails funds are budgeted for 30-40 parking spaces and a restroom. Development of Jetta Point, on a long-term basis, allows for the relocation of the multipurpose field from Soldier’s Creek to Jetta Point, which would feature soccer as a primary recreational element. Soldier’s Creek would consist of softball and baseball fields.
Commissioner Morris stated the fields at Soldier’s Creek are heavily utilized by people practicing between ball fields. He stated the usage will increase proportionately and it will allow more play and more safety. He said he feels that Jetta Point needs to be reviewed further as there are other issues.
Ms. Goldman stated staff has included a 5-year development agreement for Jetta Point.
Commissioner Morris stated his concern is the staff needs to make sure that baseball games are covered as well.
Mr. Grace stated Commissioner Henley had concerns with the AAU baseball not having facilities to play. He stated he would suggest doing a master plan of the Soldier’s Creek area in the same fashion as Jetta Point before the trail comes in.
Commissioners Morris, McLain and Henley stated they would concur with that.
Commissioner Henley stated there are not sufficient facilities for softball as the numbers are only going to grow in softball and baseball. There are 186 AAU teams in the County and it is definitely something that needs to be looked at from a countywide perspective. He added it is a step in the right direction of master plan that area.
Motion by Commissioner Henley, seconded by Commissioner Morris to move forward with the short term solution and master plan of the Soldier’s Creek and Jetta Point area.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sally Sherman, Deputy County Manager, addressed the Board to request Board direction regarding an Ordinance implementing the Dori Slosberg Driver Education Safety Act, to help fund Traffic Education Programs in Seminole County. The ordinance would allow a $3.00 surcharge to each civil traffic violation and the funds would be used for student driver educational expenses and not administration. The $3.00 surcharge would total $253,269. She stated Hugh Harris, Seminole County School Board, is in attendance if the Board have additional questions.
Commissioner Maloy asked if there is a break down of all the different taxes and fees that already exist on these types of infractions.
Ms. Sherman stated staff is in the process of working with the Clerk’s Office on this information. She stated there are a lot of different trust funds administrated as it relates to traffic violations, but she does not have that information at this time.
Mr. Grace stated his office will try to get that information to the Board. He stated another thing that staff is trying to ascertain is whether Article 5 affected any of these fees.
Commissioner Henley stated he spoke with representatives of the School Board and he supports this program. He stated he does not agree with the School Board’s decision of cutting out the driver education program. He said he always felt that the driver education program was the only class that taught students safety. He added he feels the School Board should provide that. He stated the backup material recommend that the Board adopt this although the monies contributed to the Pre-K would be taken to use it for the summer program. He said he would like to know if the School Board is going to continue to fund that amount in the driver education program. He stated he would like to see this request moved forward if he receives the information he has requested.
Motion by Commissioner Morris, seconded by Commissioner Henley to authorize scheduling a public hearing adopting an ordinance implementing the Dori Slosberg Driver Education Safety Act to help fund Traffic Education Programs in Seminole County.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Maloy voted NAY.
Matt West, Planning Manager, addressed the Board to seek direction from the Board regarding the contents of the proposed Joint Planning Agreement with the City of Sanford. He stated after the last hearing, this item was discussed extensively and staff is briefing the Board to gather their thoughts on the Joint Planning Agreement. He said 10 areas have been highlighted in the agreement and those are areas that the City and County felt were going to be areas of expansion of the City and urban services. He displayed and reviewed a map showing those areas. He stated Mr. Ken McIntosh has submitted a draft agreement (received and filed) and a copy has been submitted to the Board. He said staff has not read or analyzed the entire McIntosh agreement. A community meeting has been scheduled for September 24, 2003 at 6:00 p.m. at the Yacht Club in order to discuss the contents of the JPA and the contents of the zoning overlay. He stated Antonio Jurle, City of Sanford, is in attendance.
Upon inquiry by Commissioner Maloy, Mr. West advised the one issue that Mr. McIntosh’s draft agreement is requesting is to cap the density in the Celery Avenue area to no more than two units per acre and to move up the date the City takes responsibility of Celery Avenue. He stated there is a clause in the agreement that relates to affected private property owners having standing. He added staff has not fully reviewed the agreement.
Commissioner Henley stated he had an opportunity to review the draft agreement and he feels that Mr. McIntosh did a good job of being more specific and identifying more potential trouble problems. He stated there are significant differences in his agreement and he feels it is more detailed.
Commissioner Morris stated there are some areas in Mr. McIntosh’s draft that may cause some problems, but he feels there are several good ideas. What staff can do is show what the additions are that Mr. McIntosh is describing.
Commissioner Maloy stated the one concern he has is Celery Avenue being taken over by the City of Sanford by 2013. He stated $2 million is available for certain improvements and he would like to know specifically how much money is available for road and drainage improvements and who is proposing to do that and what are the needs.
Mr. West stated Public Works has contracted with CPH to do an engineering study of Celery Avenue to identify all of the deficiencies and then rank them in priority. Approximately $2 million is available and part of it is being spent to pay CPH for the study. The balance would be given to the City of Sanford if the road is transferred to them.
Commissioner Maloy stated he would like to know specifically what it really is.
Mr. West stated he is planning to meet with each Board member to review this further.
Chairman McLain recommended that staff analyze both products and to submit a matrix of the differences so the Board can choose the best of both and come up with a JPA that the city will agree with.
Commissioner Morris stated he feels there has been a lot of progress with the citizens.
Chairman McLain stated he feels it would be appropriate for staff to discuss with the new city manager about a moratorium being placed on any annexations between now and the first of the year until this agreement is put in place.
Mr. Grace stated if there is some time after the 1:30 p.m. public hearing, he would like to discuss the potential drainage and stormwater projects in the County. He stated he would like some direction from the Board as to where they want to spend the additional funds that have become available.
Discussion ensued relative to continuing Item #49, Amendment to the HIBC Development Agreement.
The Chairman recessed the meeting at 11:10 a.m., reconvening at 1:30 p.m., this same date, with all Commissioners and all other Officials, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Sandy McCann, who were present at the Opening Session.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to authorize filing into the Official Records the proofs of publication for this meeting’s scheduled public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
Continuation of a public hearing to consider an Amendment to the HIBC Development Agreement, Amendment to the DRI Development Order, rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development), and Amendment to the PUD Final Master Plan and Developer’s Commitment Agreement for the HIBC DRI and PUD to allow a college/university campus accompanying office space on Tract B of the HIBC located on the west side of I-4 immediately north of the I-4 and Lake Mary Boulevard Interchange, on properties extending north along International Parkway to CR 46A, as described in the proof of publication, Miranda Fitzgerald.
Chairman McLain advised the staff has received a request from both parties to continue. Copy of request to continue from Joseph Sarnovsky, SCC, was received and filed.
No one spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Henley to continue until October 14, 2003, at 1:30 p.m., or as soon thereafter as possible, consideration of an Amendment to the HIBC Development Agreement, Amendment to the DRI Development Order, rezoning from PUD (Planned Unit Development) to PUD (Planned Unit Development), and Amendment to the PUD Final Master Plan and Developer’s Commitment Agreement for the HIBC DRI and PUD to allow a college/university campus accompanying office space on Tract B of the HIBC located on the west side of I-4 immediately north of the I-4 and Lake Mary Boulevard Interchange, on properties extending north along International Parkway to CR 46A, as described in the proof of publication, Miranda Fitzgerald.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDMENT TO LAND DEVELOPMENT CODE RE:
Proof of publication, as shown on page _______, calling for a public hearing to consider an Amendment of the Land Development Code and Code of Ordinances of Seminole County; and the adoption of a resolution regarding the timing of impact fee payment and water and sewer connection fees, received and filed.
Ginny Markley, Planning, addressed the Board to present the request, advising this will allow impact fees to be collected as a condition of a pre-power inspection or full power approval, whichever occurs first. School Impact Fees and fees collected for properties located within a municipality are not included in the proposal. She stated that in order to implement a change to the timing of payment of impact fees, the Land Development Code (LDC) and the Code of Ordinances must first be amended. The proposed ordinance deletes all reference to the timing of payment of impact fees and authorizes the Board to determine, by resolution, the point or points in the development process when impact fees and water and sewer connection fees must be paid. She said the proposed amendment also includes a street name change in the legal description for the North and West Collector Road Districts.
Ms. Markley requested the Board adopt the ordinance and resolution and said that staff will implement the change to the timing of payment of impact fees on October 1, 2003. She added the process will be tested for a period of six months with an update scheduled before the Board sometime in April, 2004.
Commissioner Henley stated he is in support of the proposed ordinance; but he cannot support doing the timing by resolution where there is no public input.
Commissioner Morris suggested that the Board could direct that any time the resolution is amended, that it be done through a public hearing.
County Attorney, Robert McMillan, advised language could be included in the proposed ordinance that requires the adoption of the resolution be done at a public hearing with public input.
No one else spoke in support or in opposition.
Motion by Commissioner Morris, seconded by Commissioner Henley to adopt Ordinance #2003-43, as shown on page _______, as amended to include requiring a public hearing for any amendments to the resolution, amending the Land Development Code and Code of Ordinances of Seminole County; and to adopt Resolution #2003-R-142, as shown on page _______, relating to the timing of impact fee payment and water and sewer connection fees, as described in the proof publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman McLain advised of needed appointments to the Canvassing Board for the elections next year. He further advised that anyone serving is required to attend a work shop on December 4 in Orlando.
Commissioner Van Der Weide volunteered to serve on the March 9, 2004 Canvassing Board.
The Board agreed to direct staff to request the Chief Judge to make appointments to the Canvassing Board for the August 31, 2004 and November 2, 2004 elections.
Chairman McLain stated during the ORMC Trauma Center discussion this morning, the Board suggested having the private sector look at the issues and possible solutions for same. He suggested appointing an ad hoc committee and each Commissioner appoint two professionals and one lay citizen to the committee.
The Board voiced no objections to appointing an ad hoc committee to discuss the trauma center problems and what can be done at a State and regional level.
The Chairman requested appointments be brought back at the Board’s next meeting and requested Mr. Grace to get with the Commissioners the first of next week on what the committee will be tasked with.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Van Der Weide briefly discussed Item #51, Amendment & Rezone for Robert Mandell, stating this item will be continued. However, he said he has been receiving a lot of input from the citizens in the area about the trailhead and other possible recreational uses (swimming pool). He, therefore, requested staff analyze the possibility of purchasing the property, not only for a trailhead, but also for other recreation uses, i.e. practice fields, swimming pool, etc.
Chairman McLain stated he recently visited with the YMCA and they are interested in partnering with the County. He said he believes it is a great idea if the County could purchase the property and do a recreational master plan.
Mr. Grace stated staff will conduct an analysis of the property and look at potential partners.
Commissioner Henley requested the County Attorney staff to research and brief the Board on the legalities of the “Game of Chance/Adult Arcades”.
Mr. Grace stated he has already spoken to Mr. McMillan regarding this and he has tasked the Planning staff to see if there are any weaknesses in the County’s Code that need to be shored up.
Commissioner Henley gave a brief update on the recent LYNX meeting he attended.
Upon inquiry by Commissioner Van Der Weide, Mr. Grace advised he will be sending out a memo to the Board regarding the information requested by Commissioner Van Der Weide on the TDC funding of the Central Florida Zoo.
Mr. Grace advised since the Budget Work Sessions, additional funds have become available that could be applied toward stormwater projects (copy of available funding was received & filed). He, therefore, requested direction with regard to where that money should be applied. Copy of Neighborhood Drainage Projects, as ranked by staff, was received and filed. Discussion ensued.
Commissioner Van Der Weide stated he believes the Board should direct whatever money is available to the neighborhoods and the homes that might be in jeopardy of flooding.
Chairman McLain asked the Board if they want to maintain the $350,000 (discussed for ORMC) in Reserves or put it into stormwater.
Upon inquiry by Commissioner Henley, Director of Public Works, Gary Johnson, addressed the Board to explain the Neighborhood Drainage Projects Handout.
Commissioner Henley stated he does not have any problem using the total $500,000 for stormwater and doing the first five projects on the priority list.
The Board, by unanimous consensus, agreed to use $500,000 (as listed on the funding options handout) to complete the first five projects on the projects handout (Waverly/Windsor; Center Drive east of Florida Road; Baymeadow Road; Alexander Avenue; and West 27th Street/Park Avenue South & Magnolia Avenue); and directed staff to re-review the Budget to see if funds can be found to do more projects, with same to be brought back to the Board during the second budget public hearing.
The following Communications and/or Reports were received and filed:
1. Memorandum dated 8/27/03 to BCC from County Manager Grace re: 2004 Polling locations and compliance with ADA requirements.
2. Minutes of 7/14/03 Seminole County Library Advisory Board meeting.
3. Minutes of 8/13/03 Seminole County Parks & Recreation Advisory Board meeting.
4. Memorandum dated 8/26/03 (with attachment) to BCC from County Manager Grace re: Capital Project Fund transfer, $48,269 for Lake Ann outfall.
5. Memorandum dated 8/27/03 (with attachment) to BCC from County Manager Grace re: Capital Project Fund transfer, $39,188 for Goldsboro Reading Academy.
6. Facsimile Petition, as shown on page _______, dated 8/26/03 to BCC re: opposition to Bear Lake Subdivision land use amendment and rezone request to Land Planning Agency/Planning & Zoning Commission (LPA/P&Z) containing 25 signatures.
7. Parks & Recreation Contract for Services, as shown on page _______, for Sergio Rivas (Tennis Instructor).
8. Letter dated 8/26/03 (with attachment) dated 8/26/03 to Chairman McLain from Thomas G. Percival, FL Dept. of Transportation, re: SR 46 Lake Jesup bridge replacement project development and environment study. (cc: BCC, County Manager, Deputy County Manager [RF], Public Works Director, County Engineer)
9. E-mail dated 8/27/03 to BCC from Richard D. Ellis re: drug treatment of children with diagnosis of ADDA or ADHD.
10. Minutes of 8/14/03 Seminole County Tourist Development Council.
11. E-mails and facsimiles (various dates) to BCC re: opposition to construction of 100 parking places at E.E. Williamson trailhead from: Diane Thrift; Mary & Ger Crager; Donald Burke; Gordon & Lucille Phillips; and Chuck & Charlene Gerlach.
12. E-mail dated 8/28/03 to Chairman McLain from Andre F. Hickman, SpacePort USA, Inc., re: support of Gassey Jack’s PCD.
13. E-mail dated 8/25/03 to Chairman McLain from Scott A. Rabb re: opposition to Bill Ray Nissan land swap in Spring Hammock.
14. E-mail dated 8/26/03 to BCC from James Bryan, Jr. re: opposition to rezone request for Gabriella Ln./Tallman Mews.
15. Response card received 8/27/03 to BCC from Lorene Taylor re: opposition to construction of Wal-Mart SuperCenter near Red Bug Lake Rd./Slavia Rd.
16. Letter dated 8/29/03 to Chairman McLain from Diane Pickett Culpepper, Brighthouse Networks, re: analog channel lineup.
17. Memorandum dated 8/27/03 to BCC from Richard S. Owen, Southwest FL Water Management District, re: public hearings for establishment of minimum flows and levels.
18. Notice of 9/3/03 Sanford Community Redevelopment Agency meeting.
19. Notice of 9/2/03 Seminole County Healthy Start Coalition, Inc. meeting.
20. Seminole County Convention & Visitors Bureau Occupancy Report-Month to Date.
21. Letter dated 8/29/03 to Chairman McLain from John W. Koenig, O-Force, re: O-Force work update and funding request. (cc: BCC, County Managers, Fiscal Services Director, Community Services Director)
22. Copy of memorandum dated 8/29/03 to Sandy McCann, Commission Records, from Becky Noggle, Environmental Services, re: Submission into County Records.
23. Copy of letter dated 8/26/03 to Ray Eubanks, FL Dept. of Community Affairs, from Chairman McLain, re: Transmittal of Adopted Spring 2003 Large Scale Plan Amendments.
24. Notice of 9/17/03 City of Lake Mary public hearing re: Comprehensive Plan change for proposed town homes between US 17-92/Weldon Blvd. and Lake Rd./Seminole Community College. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
25. Notice of Revised 10/1/03 and 10/27/03 City of Winter Springs public hearings re: Parkstone PUD. (cc: County Manager, Planning & Development Director, Planning Manager, Property Appraiser, Elections Supervisor)
26. Memorandum dated 8/29/03 (with attachment) to BCC from Mark Van Bever, Court Administration, re: reimbursement of court-related expenses.
27. Notice of 9/18/03 Tri-County League of Cities meeting.
28. Copy of letter dated 9/3/03 to Betsy Cohen, Purchasing, from Lyndell Patrick & Dennis Bowman, FL Business Interiors, re: RFP-4201-03/BJC.
29. Copy of letter dated 8/11/03 to Brady Lessard, Mayor of City of Sanford, from David V. Lawrence, HydroFair, Inc., re: “HydroFair: Excitement in Sanford” event.
30. Press release dated 9/5/03 to BCC from UCF Technology Incubator re: appointment of Wayne Hardy, Director of Small Business Development at SCC, to the UCF Technology Incubator’s Advisory Board.
31. Letter dated 8/31/03 (with attachment) to Chairman McLain from John P. Saboor & Doug Barclay, Central FL Sports Commission, re: August activity report.
32. Copy of letter dated 8/29/03 to Commissioner Maloy from Leo Feliu, Aloma Park HOA, re: opposition to development of a bike trail at the subdivision entrance.
33. Letter dated 8/28/03 (with attachment) to Chairman McLain from Bob Gleason, FL Dept. of Transportation, re: ITS Enhanced Circulator PD&E Study for Orange & Seminole Counties. (cc: County Manager, Deputy County Manager [RF], Public Works Director, County Engineer)
34. Letter dated 9/4/03 to BCC from Sandra Robinson, School Board Chairman, re: appreciation of BCC support of community improvements at Midway Elementary School through a CDBG grant.
35. Copy of letter dated 9/2/03 to FL Representative Frederick C. Brummer from Michael Chandler, Orange County Utilities Director, re: East Central FL Water Supply Planning Initiative.
36. Letter dated 9/2/03 to Chairman McLain from D. Ray Eubanks, FL Dept. of Community Affairs, re: Seminole County Comprehensive Plan Amendment #03-1. (cc: Planning & Development Director, Planning Manager)
37. Minutes of 7/17/03 Seminole County Historical Commission meeting.
38. Copy of letter dated 9/4/03 to Suzanne Trimble from Ken Roberts, Public Safety Director, re: appreciation of donation to Animal Services Division.
39. Minutes of 6/11/03 Seminole County Parks & Recreation Advisory Board meeting.
40. E-mail dated 9/3/03 to BCC from Glen Davis, MD, re: cooperation between local hospitals to address Emergency Room problems.
41. E-mail dated 9/7/03 to BCC from Charles D. Wilder re: support of funding for ORHS Level I Trauma Center.
42. Facsimile form letters (various dates) to BCC re: opposition to construction of 100 parking spaces at E.E. Williamson Rd. trailhead from: Catherine J. Harding; James Pappaeotis; and Lori Evenson.
Mr. Grace advised staff is requesting Item #51, Mandell, be continued to October 14, 2003, at 7:00 p.m.
The Board, thereupon, recessed at 2:20 p.m., reconvening at 7:03 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
LAND USE AMENDMENT
Continuation of a public hearing from August 26, 2003, to consider Small Scale Land Use Amendment from Suburban Estates (SE) to Planned Development (PD) and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the west side of I-4 approximately 600 feet south of E. E. Williamson Road.; as described in the proof of publication, Robert Mandell.
Chairman McLain advised a request for a continuance has been made for this item.
Mr. Grace said staff is asking that this be continued to October 14, 2003, in order to give staff time to finalize the agreement on the land swap with Mr. Mandell so the Board has that before they take action on the land use change.
Commissioner Van Der Weide suggested the hearing still be held in the evening because there is some interest by the citizens.
No one spoke in support or in opposition of the continuance.
Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to continue to October 14, 2003, 7:00 p.m., or as soon thereafter as possible, the Small Scale Land Use Amendment from Suburban Estates (SE) to Planned Development (PD) and Rezone from A-1 (Agriculture) to PUD (Planned Unit Development); property located on the west side of I-4 approximately 600 feet south of E. E. Williamson Road; as described in the proof of publication, Robert Mandell.
Districts 1, 2, 3, 4, and 5 voted AYE.
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1A (Single Family Dwelling District) on approximately three acres located on the east side of Vihlen Road, ½ mile north of CR 46A, Robert Dollard, received and filed.
Jeff Hopper, Senior Planner, addressed the Board to present the request and to state that staff recommends approval of the rezoning to R-1A.
Chairman McLain asked why the P&Z recommended R-1AA. Mr. Hopper advised he believes it was partly because the neighbors raised objections to the possible density of R-1A. They felt it was somewhat incompatible with the surrounding land uses.
Javier Omana, 1117 E. Robinson Street, on behalf of the applicant, addressed the Board to state they concur with the staff’s recommendation for approval to R-1A. He said the request is consistent with the Vision 2020 Plan and so is the zoning. He showed an aerial photo (received and filed) of the subject property and surrounding area and exhibits (received and filed) showing the zonings in the area. He stated the overall predominate development pattern is single family, low density residential with an overwhelming dominance of R-1A zoning. He said the applicant would adhere to the R-1A standards. Further, he advised that the applicant has said he would set a minimum house size of 1500 square feet per lot. He clarified for Commissioner Van Der Weide that the 1500 square feet would be under air on the pad.
Sharon Carveth, 3214 Tall Tree Lane, addressed the Board to state the subject property is to the north of her one-half plus acre property. The homes on both sides of her are on one-acre lots. She stated they are not opposed to the rezoning and said R-1AA would also be consistent with the Comp Plan. She discussed her concern for the drainage and asked the County to consider who is responsible for maintaining the drainage ditch on the north side of the property. If the County is responsible, then agreements need to be made with the developer to make sure there is access to the drainage ditch for maintenance. She said based on the development in the immediate area, she actually believes R-1AA is more appropriate.
Mr. Rob Dollard passed on his opportunity to speak.
Sid Vihlen, III, 520 Vihlen Road, addressed the Board to state they are not adverse to the development of this property and they would like to see someone come in and do something compatible and consistent that would enhance the area. But, he said the R-1A zoning is not compatible or consistent with this area. He said there is no trend left because there is no property left outside his family’s 20 acres that is not either sold, under contract, or contracted for development. He showed on a map the site and development behind it. He said there is some R-1 zoning but from his house and the other properties, you can’t see the neighborhood as it is isolated and buffered. He showed a picture (received and filed) of his 4,500 square-foot home sitting in the center of the acre plus property. He stated the neighbor to the north (picture received and filed) has a 3,000 square foot home on an acre and the neighbor to the south (picture received an filed) has about one acre with a home of 1,100 to 1,200 square feet. This area has been substantially developed and the applicant is talking about a four-acre site in the middle of their home sites. This is not an area where it can be buffered. The lots in this area range from a half acre to five acres with the average lot size at 1.62 acres. The homes in this area are from 1,300 square feet to 4,655 square feet and the average home size is 2,479 square feet. He said in no way can you say that an 1,100 square foot house on a quarter-acre lot comes anywhere close to being compatible with this area.
Upon inquiry by Chairman McLain, Mr. West advised any lot size is compatible with Suburban Estates land use.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Chairman McLain stated he believes R-1A is not compatible with the current neighborhood. He said the P&Z recommended R-1AA and he recommends the same.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to enact Ordinance #2003-44, as shown on page _______, rezoning from A-1 to R-1AA (Single Family Dwelling District) on approximately three acres located on the east side of Vihlen Road, ½ mile north of CR 46A; as described in the proof of publication, Robert Dollard.
Under discussion, Commissioner Morris stated he truly believes the appropriate use is R-1AAA because he understands from the testimony the size of the homes and density of the homes that currently exist in the neighborhood.
Commissioner Maloy questioned if the motion would include the commitment of the house size at 1,500 square feet.
Upon inquiry by Chairman McLain, Mr. Omana advised that commitment still stands.
Districts 1, 3, 4, and 5 voted AYE.
Commissioner Morris voted NAY.
Proof of publication, as shown on page _______, calling for a public hearing to consider rezoning from OP (Office Professional) to PCD (Planned Commercial Development) on 1.8 acres on the east side of Tuskawilla Road, ¼ mile north of Red Bug Lake Road, subject to conditions listed in the development order, Paul Partyka, received and filed.
Mr. Hopper advised the applicant has agreed to the seven-foot wide buffer with a masonry wall along the north property line. Staff is recommending approval of the rezoning subject to conditions that include a minimum seven-foot buffer along the north property line; a six-foot brick or masonry wall, outdoor seating limited to the south side of the building, and no outdoor sound amplification.
Commissioner Morris questioned staff about the benefit of the seven-foot buffer instead of the 25-foot buffer requirement. He asked what did the applicant give back. He pointed out that staff had no additional requirements put on the applicant.
Mr. West answered the interpretation is that this is not low density residential land use. Therefore, staff did not impose the active/passive setback.
Mr. West confirmed with Commissioner Maloy that the future land use maps do indicate commercial land use at this time.
Paul Partyka, applicant, addressed the Board to show a picture (not received and filed) of the parcel and describe the project. He said the nearest line of sight is about 600 feet and maybe longer. The owner of the property wanted to be sure that, with whatever project that came in, there would be no impact on the adjacent property owners. The owner has agreed basically with everything the staff said in terms of buffering, and he also wants to put in a wall.
Mr. Partyka advised he spoke with Alex Suero today and he gave him authorization to say he supports this project because of the conditions placed on it by staff, the additional conditions by the applicant, and the additional buffering and landscaping. He reviewed the original site plan and explained what was done for enhancements, including additional trees and landscaping. He showed the location of the cross access easement. He said they think the restaurant project will be an enhancement for the community. He added that there will be no outdoor seating and no outside speaker system.
Commissioner Morris asked the applicant to consider enhancements to the frontage landscaping instead of the required four canopy trees.
Michael Levine, 801 Huckleberry Lane, addressed the Board to state he lives across the street from this project, and it is not 600 feet across the street from his lot. He said he supports the hospitality industry in Seminole County, but he has a problem with people exiting the property at night and making a U-turn in front of his house. Even if a U-turn were not allowed there, that would force the cars to turn into Tuskawilla Point and make a U-turn in front of his house. Further, he said depending on the number of people, the normal clanging of dishes and conversation will create a tremendous amount of noise that they do not have now.
Joseph Pemoulie, 805 Huckleberry Lane, addressed the Board to state his lot is next to Mr. Levine’s. He said there is no way that it is 600 feet from the back of his lot to where the restaurant is going to be, and it is not even 200 feet. He said the last thing they need in their area is another restaurant, as there are over a dozen small eating establishments plus the fast food restaurants already in the area. He explained there would be more traffic congestion for people who are coming south on Tuskawilla Road who want to go into the restaurant. They would have to make a U-turn in front of McDonald’s. He said the smells from the restaurant would come into their back yards and there would be noise from the people congregating in front of the restaurant, whether there is a sound system or not. They will also have lighting coming from the restaurant sign if there is one. He asked the Board to consider the homeowners instead of the tax revenue coming from the restaurant.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
The following were received and filed into the Record: copy of the letter from Alex G. Suero, DVM, to the Planning Division dated July 29, 2003; copy of the e-mail from John Tracy to Jeff Hopper dated July 23, 2003; copy of e-mail to Planning from Joseph and Elizabeth Pemoulie dated August 4, 2003; and copy of e-mail to Jeff Hopper from Brian Harrington.
Chairman McLain advised he received a letter earlier from the Animal Hospital, Dr. Suero, and he was opposed to the five-foot setback. Commissioner McLain asked what is the actual setback of the animal hospital. Mr. Hopper said from the photo shown, the setback looked to be no more than five or six feet. Whereupon, Mr. Partyka said the setback is five feet.
Mr. Partyka discussed the outdoor seating, the egress/ingress; distance to the building; and outdoor lighting with Commissioners Maloy, Morris, and McLain.
District Commissioner Morris said he understands the objections of the homeowners, but it does not matter what would go in here, the owners next door would have a problem with it. He thinks a wall would help immensely. He stated the issue is that development rights are pre-existing and clear, and this is a fairly intense use. He doesn’t know if he completely concurs with the vision from the aesthetic point of the setback of seven feet vs. 25 feet of property to the north. He believes the portion of the cross access road identified should be greened in and that does not need to be paved nor used for future parking. He also thinks the right-of-way towards Arby’s should be more significantly landscaped more than what the Code calls for. He believes that should be landscaped equivalent to what the public right-of-ways are landscaped on Tuskawilla Road in Winter Springs, with a bed landscaping, irrigation and canopy trees. He said he doesn’t understand why the applicant removed the outdoor seating to the west. He asked why not have the seating on the back side where the retention pond is located.
Mr. West explained staff did not want to impact the homes to the west, and it was a voluntary commitment by the applicant to eliminate the seating to the west.
Chairman McLain recommending opening up the green space more where three parking spaces were shown jagging into the green area by eliminating those spaces. That would eliminate the cross access easement portion for those three parking spaces. Whereupon, Commissioner Morris concurred.
Commissioner Morris asked that it be a matter of record that the signs to Arby’s and McDonald’s are high at about 28 feet. He would hate to see this applicant or a future one come in and ask for a variance based upon a hardship based on the other signs of the applicants. It should be clearly known for any future appeals to the Board of Adjustment that this was a self-imposed limitation, knowing the current sign conditions and this is clearly impacted by the residential properties to the north and west. He said he will make his motion with the understanding of what is coming back at site plan and before the Commissioners, so the applicant knows what the Board is looking for.
Motion by Commissioner Morris, seconded by Commissioner Maloy, to enact Ordinance #2003-45, as shown on page _______, approving the rezoning from OP (Office Professional) to PCD (Planned Commercial Development) on 1.8 acres on the east side of Tuskawilla Road, ¼ mile north of Red Bug Lake Road, subject to the conditions listed in the Development Order, as shown on page _______, and those conditions listed tonight by the Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
Commissioner Van Der Weide said he is hearing a lot of things about straight zoning regarding the voluntary commitments. He asked Mr. McMillan if the voluntary commitments are just voluntary and unenforceable. Mr. McMillan advised it depends on the kind of commitments. If they are made as part of the development order, they are binding and run with the land.
Chairman McLain said on more than one occasion, the Board has discussed this, and he thought if the Board did not require a voluntary commitment and one was made, it did have standing. Mr. McMillan clarified that the Board cannot put on a commitment that is part of a straight zoning that alters the actual zoning district.
Chairman McLain said the Board needs to look at and consider changing the minimum house size in straight zoning. As it is, it is much too small.
Commissioner Van Der Weide noted that the P&Z members and the BCC need clarification because there could be some misconceptions.
Mr. West pointed out the Board has to be careful with raising the minimum house size because there are existing older subdivisions where the houses are that small and they would become nonconforming.
Commissioner Morris commented when he and Chairman McLain attended a recent Wekiva Task Force meeting, information was distributed on zoning categories from various counties and Seminole County had three to four times more than the other jurisdictions. He said the Board needs to get a copy of the zoning districts for review.
Commissioner Maloy said he watched the news this afternoon and what ORMC said after this morning’s meeting regarding restricting Seminole County residents to the trauma center was of great concern. He said he would like to get that clarified because that discussion did not come before the Board.
Mr. Grace stated it was the first time he heard that also. His understanding is that trauma districts are set by the Legislature. In order to change those, the Legislature would have to modify it. Chairman McLain said regardless if the districts are changed or not, if someone is injured, he is taken to the closest Trauma One, and they cannot refuse treatment.
Mr. McMillan said he would think if the hospital was concerned about the malpractice premiums before, then turning injured people away at the door based on where they live, they would see their malpractice premiums increase even more so.
Upon inquiry by Commissioner Van Der Weide, Mr. McMillan advised the P&Z Commission and Board of Adjustment have the benefit of the County Attorney staff. He stated a representative from the County Attorney’s Office sits with other County staff at their meetings. Whereupon, Commissioner Van Der Weide suggested that the practice of the attorney interrupting and making corrections to the board members should carry over to the other boards.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:05 p.m., this same date.
ATTEST:______________________Clerk ____________________ Chairman