BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JUNE 25, 2013
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, June 25, 2013, in
Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice
Chairman John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Jane Spencer
Dr. Joel Breidenbaugh, First Baptist
Church of Sweetwater, Longwood, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Commissioner
Constantine announced that the Lyman High School Boys’ Volleyball Team has won
the 17-and-under AAU National Championships.
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to adopt appropriate Resolution #2013-R-159,
as shown on page _______, recognizing the Lyman High School Boys' Volleyball
Team as the 2013 State Champions.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Resolution
was presented to Russel Williams, the coach of the Lyman Boys’ Volleyball team
who addressed the Board to express the team’s appreciation. Coach Williams introduced the following team
members: Kyle Reid, Stosh Kiersnowski,
Noah Roman, Zach Rynning, Chad Burkhart, Caleb Bonaventure, and Kenny Lawrence.
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Motion by Commissioner Carey,
seconded by Commissioner Horan, to adopt appropriate Resolution #2013-R-160, as
shown on page _______, recognizing Sandra Glenn as the 2013 Leadership Seminole
Legends Award recipient.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Resolution
was presented to Ms. Glenn’s son, Benny Glenn, and her granddaughter, Brianna
Glenn, who addressed the Board to accept the Resolution and express their
appreciation.
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Motion by Commissioner Horan,
seconded by Commissioner Carey, to adopt appropriate Resolution #2013-R-161, as
shown on page _______, recognizing Ed Blacksheare as the 2013 Leadership
Seminole Legends Award recipient.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Resolution
was presented to Ed Blacksheare who addressed the Board to express his
appreciation.
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Chairman
Dallari recessed the meeting of the Board of County Commissioners at 9:50 a.m.,
and convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. HWY 17-92 CRA
Tom
Tomerlin, Acting Director for Economic Development, addressed the Board to advise
there are two types of grants on today’s agenda. Mr. Tomerlin distributed the CRA Grant
Comparison Chart (copy received and filed) and explained how the chart
delineates the two different types of grant programs that are offered.
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Mr.
Tomerlin presented the request to approve an Agreement awarding the East American
Group, Inc. d/b/a Tea Packs a U.S. 17-92 CRA Mini-Grant in the amount of $4,408
to improve the exterior facade and some limited roof work. He noted that this request is a product of an
outreach effort. Mr. Tomerlin noted there
is $38,206 left in the budget for mini-grants.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to approve the Agreement, as shown on page _______,
between the U.S. 17‑92 Community Redevelopment Agency and East American
Group, Inc. d/b/a Tea Packs (Tea Packs), awarding Tea Packs a U.S. 17-92 CRA Mini-Grant
in the amount of $4,408 to redevelop the property located at 1667 South Highway
17‑92; and adopt appropriate Resolution #2013-R-162, as shown on page
_______, implementing Budget Amendment Request (BAR) #13‑098 providing
funding from Contingency Reserves for CRA Mini-Grants to Private Organizations.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Tomerlin presented the request to approve the Agreement awarding
Arena Square, LLC, a U.S. 17-92 CRA Mini-Grant in the
amount of $5,000 for new signage. Mr.
Tomerlin explained that the new signage will have a tremendous advantage for
the individual shop owners located within Victoria Plaza in that the sign will
allow each of the tenants to display their business names at the entry of the
plaza.
Commissioner Carey discussed the importance of signage by the
road.
Motion by
Commissioner Henley, seconded by Commissioner Carey, to approve the Agreement,
as shown on page _______, between the U.S. 17-92 Community Redevelopment Agency
and Arena Square, LLC (Arena Square), awarding Arena Square a U.S. 17-92 CRA Mini-Grant
in the amount of $5,000 for new signage on the property located at 3390 North
Highway 17‑92; and adopt appropriate Resolution #2013-R-163, as shown on
page _______, implementing Budget Amendment Request (BAR) #13‑094
providing funding from Contingency Reserves for CRA Mini-Grants to Private
Organizations.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Mr. Tomerlin presented the request to approve the funding
request from Seminole County to repaint 13 mast‑arm traffic signals and 5
sign arms along the U.S. 17-92 corridor in the amount of $115,339 and pointed
out that this is a Capital Improvement Project.
He explained that these are poles that are in severe need of repainting
and will be painted black, which is consistent with the mast arms that are
replacing the span wire that the CRA Board approved approximately two months
ago.
Since
they are painting the mast arms black, Commissioner Carey asked if everybody in
the CRA corridor, from Sanford down to exiting the County, is on board that all
mast arms will be black and if there is some uniform plan they will stick
to. Mr. Tomerlin responded that he would
need to defer to the County Engineer in terms of the color issue. With regard to sign painting, he knows there
is close coordination with the cities but he does not know if a set color has
been decided one way or the other. Commissioner
Carey stated if they are trying to make the corridor uniform with improvements
and looks and all of those things, it would be nice if they had some agreement
between everybody about what the scope and the basics are going to be.
Chairman
Dallari confirmed with Mr. Tomerlin that there is a Master Plan for the entire
corridor and that they are consistent with the Master Plan. Commissioner Henley noted that there was an
agreement along the 13-mile corridor that if someone gets funds from the CRA,
they would comply with the CRA standards.
He suggested they may need to reaffirm that.
Commissioner
Carey stated there are different colored mast arms and different lighting and
different landscaping. Commissioner
Henley pointed out that there are different officials in charge due to elections
so they may need to go back and enter into those discussions.
Commissioner
Horan stated, as the representative on the Redevelopment Planning Agency (RPA),
they have done a lot of work on the RPA very recently in addressing some of
these issues. There is a 5-Year Master
Plan and that Master Plan recognizes that the 13-mile corridor is not a
corridor that is going to be uniform because there are catalyst areas and
certain design standards that work in some areas and certain design standards
that don't work in other areas. He
pointed out that as far as the design standards are concerned, those have been
approved by the Board in the Master Plan.
Although all of the mast arms along the 13-mile corridor may not
necessarily be the same standard, they do comply with the design standards in
that particular location depending upon the Master Plan. Commissioner Carey stated she knows they have
the standards and the Master Plan. She
would like everyone to take it out, dust it off, look at it, and stick to
it. Mr. Tomerlin agreed to improve the
coordination aspect of all of these projects.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve the funding request from Seminole
County to repaint 13 mast‑arm traffic signals and 5 sign arms along the U.S.
17-92 corridor in the amount of $115,339; and adopt appropriate Resolution
#2013-R-164, as shown on page _______, implementing Budget Amendment Request
(BAR) #13‑096 providing for funding from the 17‑92 CRA Capital
Improvement Reserves.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr. Tomerlin presented the request to approve the Agreement awarding
Evolution Auto Sales, LLC, a Redevelopment and Construction Grant in the amount
of $162,517 to redevelop the property formerly known as David Maus Toyota
located at 2925 U.S. Highway 17‑92.
He noted that the improvements that will be taking place will be to the facade,
parking, drainage, significant landscaping, as well as signage and advised that
the applicant will be investing nearly $700,000 in property improvements. Mr. Tomerlin discussed the job creation
element of this project.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve the Agreement, as shown on page
_______, between the U.S. 17-92 Community Redevelopment Agency and Evolution
Auto Sales, LLC (Evolution Auto), awarding Evolution Auto a Redevelopment and
Construction Grant in the amount of $162,517 to redevelop the property formerly
known as David Maus Toyota, located at 2925 U.S. Highway 17‑92; and adopt
appropriate Resolution #2013-R-165, as shown on page _______, implementing
Budget Amendment Request (BAR) #13‑095 providing funding from Contingency
Reserves for CRA Development Grants.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Henley regarding the planned
improvements to the Nissan auto dealership in that same area, Economic &
Community Development Services Director Nicole Guillet addressed the Board to
state that she has followed up with the people at Nissan and let them know the
County would love to see an application from them and work with them in making
improvements on that site. She stated
she has not spoken with them in several months but believes they are working on
an application. She indicated her staff
can check back with the people at Nissan and remind them the County is here to
help them. Commissioner Carey discussed
the issue of dealerships being forced to move to new locations closer to a
major interstate highway.
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Mr. Tomerlin presented the funding request from the City of
Sanford in the amount of $55,752 for reimbursement of the cost differential to
upgrade 16 standard street light poles (from Airport Boulevard to Park Drive)
from the standard FDOT lighting to the historic theme that has already been
established on First Street. He stated
this is a Capital Improvement item and pointed out that the Capital Improvement
Budget stands at approximately $1.5 million.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve a funding request from the City of
Sanford in the amount of $55,752 for reimbursement of the cost differential to
upgrade 16 standard street light poles from Airport Boulevard to Park Drive; and
adopt appropriate Resolution #2013-R-166, as shown on page _______, implementing
Budget Amendment Request (BAR) #13‑097 providing CRA funding from Capital
Improvement Reserves.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Horan, as the representative of the RPA, updated the Board with regard to where
they currently are with the CRA. He
reminded the Board that the CRA sunsets in 2017. He pointed out they are doing quite a bit of
study about where they are, where they have been, how much money they have, and
how much money has to be spent to implement the Master Plan. He reviewed some ballpark figures through the
end of FY 2011. Basically the CRA has
taken in about $18 million and about $6 million of that has been spent in
grants or capital outlay. They have
almost $10 million in the fund right now.
Based on a rough analysis of executing the Master Plan, they will have
probably $4 million left at the end of the CRA after they implement the Master
Plan projects that they can use for other types of uses.
Commissioner
Henley stated he appreciates the update.
He commented that when they are talking about having $4 million left at
the end, he hopes they don't spend it just for the sake of clearing it out
because it came off the top of the County's ad valorem tax and he assumes, if
there are no good projects for it, it will go back into the General Fund since
that is where it came from. Commissioner
Horan explained that it has to go back to the cities they took it from or the
General Fund.
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Chairman
Dallari adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment
Agency at 10:15 a.m., and reconvened the meeting of the Board of County
Commissioners.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised that under
the Consent Agenda there are the following additional three items: Item #10A, State Housing Initiative Program
(SHIP) FY 2013-14 Funding Certification in the amount of $695,450; Item #14A, Seminole
County Tourism Lease with George P. Jackson for office space; and Item #17A, Grant
Agreement in acceptance of $105,806 for the FY 2013-14 Emergency Management
Preparedness and Assistance Grant.
Mr. Hartmann stated that under the Regular Agenda, Item #30A,
Impact Fee Deferral Agreement with Phelopateer, LLC, has been added.
Regarding Item #10, First Amendment to Coalition for School
Readiness Subrecipient Agreement, Commissioner Carey stated they are
reallocating $20,000 which had initially been targeted for dental
assistance. It seems to her that they
had a lot of demand for dental assistance.
The Health Department added some dental chairs and Leadership Seminole
worked to build a dental department out at Harvest Time International. Commissioner Carey indicated that she is
curious as to what is happening regarding the demand for dental outreach.
Valmarie Turner, Community Services
Director, addressed the Board to explain they are removing the $20,000 because
they had such a significant increase in the request for child care and because
they will have enough additional dollars coming forward on October 1 to finish
what they are projecting for the dental program for this year. She stated they have additional dollars that
they will be putting towards the program with their new allocations in October.
Regarding Item #14A, Tourism Lease with George Jackson,
Commissioner Carey referred to the Termination Clause on the top of page 14 and
pointed out that in this lease either the landlord or the County has the right
to terminate. She stated that is not
typically how the County negotiates leases, and the landlord having the right
to give the County 90 days notice to terminate is unique. Commissioner Carey questioned whether that
language was a request of the landlord.
Ed Bayton, Facilities Manager, addressed the Board to state the
current lease before the Board was patterned after the AAA lease. Discussion ensued with regard to the 90-day
termination provision.
Chairman Dallari advised that, if possible,
he would like that section removed.
Commissioner Carey suggested they approve the lease with the revision to
strike the landlord’s right to terminate the lease and just have that the
County would have the right to terminate with 90 days notice. Mr. Hartmann stated he believes that
suggestion would be appropriate. He
believes they have a landlord that has been very cooperative.
Commissioner Carey requested Item #14A be pulled for a separate vote.
Chairman Dallari requested they continue Item #30, the Sports
Complex and Soldiers Creek Timeline, Schedule and Procurement Process, until
the July 23, 2013 meeting. He explained
he received information about this item yesterday and would like some
additional time to do some research.
Commissioner Carey requested that the Board talk about Item #30 and
about continuing the item when they get to it.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to authorize and approve
the following:
Community
Services
Business Office
9. Approve
participation in the Florida Department of Law Enforcement's Edward Byrne
Memorial Justice Assistance Grant Program; authorize the Chairman to execute
the Certificate of Participation, as shown on page _______, naming Valmarie H.
Turner as the coordinator for the countywide application(s); and authorize the
Chairman to execute any supporting documentation as may be required for the
application(s).
Community
Development Division
10. Approve and authorize the
Chairman to execute the First Amendment, as shown on page _______, to Seminole
County and the Seminole County Coalition for School Readiness Subrecipient
Agreement to provide additional child care assistance to income‑eligible
households of Seminole County for Program Year 2012‑2013.
10A. Approve and authorize the
Chairman to execute the State Housing Initiative (SHIP) Program Fiscal Year
2013-14 Funding Certification, as shown on page _______, for funding allocation
to Seminole County in the amount of $695,450 and to use this funding according to
the SHIP statute and rules and within the parameters of Seminole County's Local
Housing Assistance Plan.
Economic &
Community Development Services
Planning &
Development Division
11. Adopt appropriate Resolution
#2013-R-167, as shown on page _______, vacating and abandoning the Northerly 10
feet, less the Westerly 10 feet, of the platted Drainage and Utility Easement
on Lot 3, Olsen Estates, as recorded in the Public Records of Seminole County,
Florida in Plat Book 70, Page 97, more particularly known as 270 Sedona Point; Mia
Halkis, Watson Realty Corp.
Environmental
Services
Business Office
12. Approve the Sewer Credit Meter
Service Agreement, as shown on page _______, between Seminole County and the School
Board of Seminole County.
Public Works
Engineering
Division
13. Approve and authorize the
Chairman to sign and deliver a letter, as shown on page _______, of support for
a grant application for the Orlando Regional Multimodal Pedestrian Safety
Program (TIGER 2013).
14. Approve and authorize the
Chairman to execute a Purchase Agreement, as shown on page _______, between
Edward Greenwood and Seminole County for property necessary for the
construction and maintenance of a sidewalk along a portion of Dike Road.
Resource
Management
Business Office
15. Approve and authorize the
Chairman to execute the Provider Service Agreement, as shown on page _______,
with Glacier Consulting Incorporated in support of the FY 2012‑13 Adult
Drug Treatment Court Expansion and Enhancement Grant.
16. Approve partnering with
Seminole Behavioral Healthcare to submit a grant application to the Florida
Department of Children and Families requesting $1,200,000 over a three-year
period through the Criminal Justice, Mental Health and Substance Abuse
Reinvestment Grant; and authorize the County Manager to execute the application
and supporting documents as required.
17. Approve and authorize the
Chairman to execute the Provider Service Agreement, as shown on page _______, with
New Life Connections Incorporated in support of the FY 2012‑13 Adult Drug
Treatment Court Expansion and Enhancement Grant.
17A. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page _______, with the
Florida Division of Emergency Management in acceptance of $105,806 for the FY
2013-14 Emergency Management Preparedness and Assistance Grant; approve and
authorize the Chairman to execute appropriate Resolution #2013-R-168, as shown
on page _______, implementing Budget Amendment Request (BAR) #13-100 in the
amount of $105,806 to appropriate grant funds for the Emergency Management
Program; and authorize the Chairman to execute a waiver request, as shown on
page _______.
Budget and
Fiscal Management Division
18. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-169, as shown on page
_______, implementing Budget Amendment Request (BAR) #13‑005 through the
2001 Infrastructure Sales Tax Fund using reserves to fund the Public Works
MaintStar Work Order Asset Management System upgrade for a cost of $141,500.
19. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-170, as shown on page
_______, implementing Budget Amendment Request (BAR) #13‑092 through the
2001 Infrastructure Sales Tax Fund to increase funding for the Upsala Road
Drainage Improvements project in the amount of $250,000 from reserves.
20. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-171, as shown on page
_______, implementing Budget Amendment Request (BAR) #13‑093 through the Solid
Waste Fund to provide funding for the Solid Waste Disposal System Revenue
Refunding Bonds, Series 2003 debt payoff in the amount of $4,145,000; and authorize
the Chairman to execute the letter, as shown on page _______, of direction to
TD Bank.
21. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-172, as shown on page
_______, implementing Budget Amendment Request (BAR) #13‑099, in the
amount of $1,500 through the Library Designated Fund to establish budget for
the purchase of three iPads and educational applications under the Seminole
County Public Library iPad Early Literacy Program (#90002001).
22. Approve establishing a Parking
Lot Improvements ‑ General Government project (00273965) within the Pro‑Active
Maintenance Family.
Purchasing &
Contracts Division
23. Approve Change Order #2, as
shown on page _______, to CC‑7202‑11/JVP, Lincoln Heights
Stormwater Improvements with Marcobay Construction of Lakeland in the amount of
$3,180.68; and authorize the Purchasing & Contracts Division to execute the
Change Order.
24. Award CC‑8548‑13/JVP,
Construction Services Agreement, as shown on page _______, for Eastbrook
Sidewalk Phase II in the amount of $186,478.20 to Conpilog International
Company of Orlando; and authorize the Purchasing & Contracts Division to
execute the Agreement.
25. Award IFB‑601684‑13/TLR,
Term Contract, as shown on page _______, for Fire Extinguisher Services to WC
Fire Safety, Inc., Montverde; and authorize the Purchasing & Contracts Division
to execute the agreement.
Districts 1, 2, 3, 4 and 5
voted AYE.
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Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize
the Chairman to execute the Seminole County Tourism Lease, as shown on page
_______, with George P. Jackson with the Revision to Section 15 terminating the
right for the landlord to be able to cancel the lease for office space located
at 1515 International Parkway, Suite 1013, Lake Mary.
Districts 1, 2, 3, 4 and 5
voted AYE.
CONSTITUTIONAL OFFICERS' CONSENT
AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Clerk’s Office
26. Expenditure Approval Lists, as shown on page _______, dated
May 28 and June 3, 2013; and Payroll Approval List, as shown on page _______,
dated May 23, 2013; and noting, for information only, the following Clerk’s “received
and filed”:
1. Bill of Sale, as shown on page _______,
accepting water system for the project known as WaWa Convenience Store
17-92/Ronald Reagan.
2. Bill of Sale, as shown on page _______,
accepting water system for the project known as Value Pawn.
3. Bill of Sale, as shown on page _______,
accepting potable and reclaimed water and sewer systems for the project known
as Versailles.
4. CDBG Program Mortgage Deed, as shown on page
_______, for Rescue Outreach Mission of Sanford granting interest in certain
parcels of real property located at 1701 Historic Goldsboro Blvd. and 1625
Historic Goldsboro Blvd.
5. Change Order #3, as shown on page _______, to
Work Order #2 to RFQ-5888-10.
6. Sheriff’s Office Proposed Budget, as shown on
page _______, for Fiscal Year 2013/14.
7. Contracts for Services, as shown on page
_______, as follows: Elizabeth Accola;
Tracy Morgan; and Heather Woodward.
8. Tennis Developmental Instructor Agreements, as
shown on page _______, for Charles Grass and Andrew Wisdo.
9. Special Review Audit Report of the Divisional
Expenses of the Tourism Division as prepared by Maryanne Morse, Clerk of
Circuit Court.
10. Change Order #3, as shown on page _______, to
CC-8545-13.
11. Amendment #1, as shown on page _______, to
Work Order #2 to PS-4202-09.
12. Amendment #4, as shown on page _______, to
Work Order #7 to PS-4906-09.
13. Change Order #5, as shown on page _______, to
CC-6944-11.
14. Change Order #2, as shown on page _______, to
CC-8105-12.
15. Change Order #1, as shown on page _______, to
CC-8105-12.
16. Closeout, as shown on page _______, to Work
Order #16 to CC-5075-10.
17. Amendment #1, as shown on page _______, to
IFB-601635-13.
18. Amendment #1, as shown on page _______, to
Work Order #4 to PS-2404-07.
19. Amendment #5, as shown on page _______, to
Work Order #1 to PS-2404-07.
20. Certified copies, as shown on page _______, of
Perpetual Easements for Parcel Numbers 815, 817 and 832 per reduction of Code
Enforcement Lien, Case #99-28A-CEB, approved by the BCC on March 12, 2013 for
the SR 46 Gateway Sidewalk Improvement Project.
21. Work Order #12, as shown on page _______, to
RFP-5709-10.
22. Amendment #1, as shown on page _______, to
Work Order #42 to PS-3914-08.
23. Amendment #2, as shown on page _______, to
Work Order #42 to PS-3914-08.
24. Amendment #2, as shown on page _______, to
Work Order #31 to PS-4388-09.
25. Amendment #14, as shown on page _______, to
RFP-600094-06.
26. Work Order #12, as shown on page _______, to
RFP-7423-12.
27. Amendment #1, as shown on page _______, to Work
Order #9 to PS-4736-09.
28. Change Order #2, as shown on page _______, to
CC-7908-12.
29. Work Order #51, as shown on page _______, to
PS-4388-09.
30. Work Order #33, as shown on page _______, to
PS-2249-07.
31. Work Order #31, as shown on page _______, to
PS-2249-07.
32. Work Order #12, as shown on page _______, to
PS-2051-07.
33. Change Order #2, as shown on page _______, to
CC-8545-13.
34. Amendment #1, as shown on page _______, to
Work Order #28 to PS-3914-08.
35. IFB-601699-13 Term Contracts, as shown on page
_______, Ferguson Waterworks and Consolidated Pipe & Supply.
36. Bids as follows: IFB-601684-13; IFB-601737-13; IFB-601739-13;
IFB-601730-13; RFP-601686-13; PS-8072-12; and CC-8545-13.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Sheriff’s
Office
27. Approve and authorize
the Sheriff's Office to execute and submit a Grant Application to the U.S.
Department of Justice, FY 2013 Edward Byrne Memorial/Justice Assistance Grant
(JAG) program; and authorize the Sheriff to execute future documents relating
to the grant.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Tom Tomerlin, Acting Director of Economic
Development, presented the request to approve IRadimed Corporation as a
Qualified Target Industry Business (QTI) and approve an expenditure of $30,000. Mr. Tomerlin informed the Board that Roger
Susi, the representative from IRadimed, was present.
Mr. Tomerlin pointed out that the expanding firm
will create 25 new jobs in addition to the 18 that they currently employ with a
wage rate that is 150% above the County’s average. He described the tax refunds that IRadimed
will be eligible for.
District Commissioner Dallari recommended approval
of the item.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate
Resolution #2013-R-173, as shown on page _______, recommending that IRadimed
Corporation be approved as a Qualified Target Industry Business (QTI); and
approve an expenditure of $30,000 in Fiscal Years 2013/14 through 2016/17 representing
the County's required Local Financial Support for the QTI tax refund program.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Tony Matthews, Planning & Development Division,
addressed the Board to present the request for a Special Event Permit for the Wekiva
Island Summer Heat Special Event as outlined in the Agenda Memorandum. Mr. Matthews explained that the event will be held on Saturday, July 27 through
Sunday, August 25, 2013 from 8:00 a.m. to 11:00 p.m. daily. He stated that staff is recommending that the
Board approve the permit with staff recommendations and the finding that
impacts to the adjacent community will be mitigated by way of the recommended
conditions contained within the Special Event Permit.
Motion
by Commissioner Constantine, seconded by Commissioner Horan, to approve the Wekiva Island Summer
Heat Special Event, 1014 Miami Springs Drive, July 27 through August 25, 2013,
including staff’s recommended conditions of approval, with the finding that
impacts to the adjacent community will be mitigated via the recommended conditions
contained within the Special Event Permit, The Wekiva Green Camp, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Item #30, the Sports Complex and Soldiers' Creek
Timeline, Schedule, and Procurement Process was presented. The Sports Complex Major Upcoming Milestones
chart was received and filed.
Chairman Dallari requested that this item be
continued. He pointed out that the Board
received additional information and he thinks this is a significant project
moving forward and would like to have additional time to review the information
so they are all on solid ground.
Commissioner Carey stated she has competed in many
processes where the Design Build was one step and you got the qualifications,
concepts and budgeted amounts in the first RFP that was put out on the
street. From that information, as it was
reviewed, the teams were short-listed as to who the top three or five were
going to be. Sometimes there were
presentations. Then they would rank the
top three and negotiate. She pointed out
that the process that staff has lain out is to ask for qualifications and then
they will short-list just based on qualifications. You really won't have any idea about what the
concepts are at that point. Then staff
will have them come back and have three companies spend a lot of money to do
elaborate concepts. They are
short-listing before they even know what the concepts are. She stated she would like to have the County
Attorney look at why, in some governmental jurisdictions, they are able to do
it in a one-step process and yet Seminole County seems to think they have to do
it in two steps. She wondered why the
process cannot be done as one RFP.
Chairman Dallari stated he is not disagreeing and
that is one of the reasons he would like to have additional time to research
the matter so he understands it clearly.
This is a significant project and it is important that they get it
right.
Commissioner Horan stated the problem here with
using the project delivery method of Design Build as a public entity is the
CCNA itself, Florida Statute 287.055.
The bottom line is it really makes you go through a two-step process if
you are going to use the Design Build methodology. He explained that someone has to go through
either a competitive qualifications process and negotiations or a competitive
proposal process and negotiations. No
matter which way the County does this (RFP or qualifications first and then
technical proposals), firms will be spending a lot of money coming up with a
technical proposal. He stated he is
convinced that if they are going to be true to the spirit and letter of the
CCNA, they have to do qualifications and then do a technical process; however,
he has no problem with hashing this over further. If they delay another 30 days to do what they
want to do, whether it be a hybrid process of an RFP or follow the
qualification process, the RFP process, and technical proposal process that is
mandated by the CCNA, they still run into that dead period of about 40 days
around the holidays where they will not be giving anybody a Notice to Proceed
right before Christmas. Commissioner
Horan stated he does not have any problem with continuing this item so everyone
is on the same page.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to continue to July 23,
2013 the request to proceed with the Sports Complex and Soldiers’ Creek
Timeline, Schedule and Procurement Process.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Nicole Guillet, Economic & Community Development
Services, presented the request for Deferral of Road Impact Fees in the amount
of $67,038.98 for a proposed retail project located in the City of Winter
Springs for Phelopateer, LLC.
Agenda Memorandum for Item #30A was received and
filed.
Ms. Guillet reminded the Board that the County has
agreements with the cities to collect roadway impact fees at the time of the
building permit, which is different than what is done in unincorporated Seminole
County. They collect at the time of
Certificate of Occupancy (CO). There is
an agreement with the City of Winter Springs that before Winter Spring can
issue a building permit for this project, the Seminole County road impact fees
must be paid. Ms. Guillet explained that
the Land Development Code permits the deferral of roadway impact fees pursuant
to Board approval through an agreement that would permit a deferment for not
more than 180 days or until a CO is issued for the project, whichever occurs first.
Ms. Guillet stated in order to grant a deferral,
there must be a valid public purpose.
She directed the Board to the applicant’s correspondence in the Agenda
Memorandum which states that the applicant encountered unanticipated costs
associated with the development of the site and for that reason he does not
have the funds available to pay the County’s roadway impact fees. In reading the Code and looking at the
examples included in the Code for what would constitute a valid public purpose,
staff does not feel advancing a building permit in order to accommodate
unanticipated costs by a developer meets that criteria for a valid public
purpose and is recommending denial of approval of the agreement to defer the
impact fees.
Upon inquiry by Commissioner Carey, Ms. Guillet
stated staff could not find a prior occurrence where the County issued a
deferral.
Upon inquiry by Commissioner Horan, Ms. Guillet
confirmed that if this project was being developed in the county, they would be
collecting this fee at CO and that if they grant the exception, they will be
collecting the fee at CO or at 180 days, whichever occurs first.
Commissioner Horan stated the concern that he has is
whether or not this is a financial problem or a timing problem.
Dick Fess, 106 Pine Circle Drive, addressed the
Board to state he is representing the applicant, Kamil Gowni. Mr. Fess stated that the previous contractor
did not notice Mr. Gowni that he would need the funds at this time. Mr. Gowni received his financial commitment
based on the information that he was given on May 29. After receiving a letter on June 17 regarding
the fee, Mr. Gowni went back to the financial institution who said they would
have to redo the paper work. Mr. Fess
explained that a new contractor has been hired and that he has talked to the City
of Winter Springs who understands the glitch and is very supportive of this
construction going forward. Mr. Fess
pointed out that Mr. Gowni has stated that when the bank expends the funds, he
will pay them and is not asking for any abatement, just a delay to keep the pro
forma going and to build the project.
Discussion ensued.
Commissioner Horan stated his concern is the same
concern that was raised by Commissioner Carey; which is, is this a viable
project that is going to go forward. A
developer of a project should be able to find $67,000 someplace and should not
necessarily need six months financing.
He wondered if this is a project that “makes or breaks” over $67,000. Mr. Fess stated the project does not “break”
over $67,000; however, the agreement with the bank is on a draw system. That fee was not put into the system earlier,
which is why the contractor is no longer employed by the owner. Mr. Fess went on to explain that the
developer has put a lot of money up front and paid a lot of previous things up
front that were not required.
Commissioner Carey stated if Mr. Gowni is going back
to the bank to get the additional funds and it is going to be an amendment to
his construction loan, it doesn't matter if he is paying it now or paying it
later. He still has to get an amendment
for the construction loan. Commissioner
Carey stated she has a real concern in setting a precedent for every developer
who wants to come in and ask for this.
She has not seen the man's financials or any information to make this
decision other than he just came down here and asked the Board to do it.
Mr. Fess stated if Mr. Gowni's project was in the
County, he would have no problem since he has no problem paying the fee before
the CO. As soon as the bank approves the
disbursement, he can do it then; however, he cannot pull any permits or proceed
until that time.
Commissioner Horan stated if this were being built
in the County, they would collect them at CO.
He noted they have no problem accommodating developers with regard to
the payment of the fee. This is a
situation where it looks like there was a lack of communication based upon how
the City of Winter Springs administered the situation. He advised that he would be in favor of an accommodation
here to allow the deferral of the payment of the fee until the CO is issued,
not to exceed 180 days.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to approve the Road
Impact Fee Deferment Agreement, as show on page _______, between Seminole
County and Phelopateer, LLC, for a deferral of Road Impact Fees in the amount
of $67,038.98 for property located at 701 East SR 434, Winter Springs, until
the time the Certificate of Occupancy is issued or 180 days, whichever comes
sooner.
Under discussion, Applicant Kamil Gowni, 1748 Valley
Pine Circle, addressed the Board to describe the project's financing. Mr. Gowni explained that he had to pay cash
to the contractor for all of the side work, which was over $220,000. He stated he has loans that are coming up and
requested help from the County to continue the construction. He will pay the fees as soon as he gets the
money, which should be in 60 to 90 days.
Commissioner Henley stated he can understand the
issue that Commissioner Carey raised but he does not believe it would be
precedent setting since they have the wherewithal to look at every request
individually and decide on the merits.
Seminole County has prided itself for quite some time in being a
business-friendly government. If either
the County or its partner has contributed to the situation they find themselves
in and they have the wherewithal to correct it and are supported by their
partner, Winter Springs, he would be inclined to try to rectify this
error. Commissioner Henley wondered if
the County ought to try to renegotiate their agreement with Winter Springs so
they don't find themselves in this situation again.
Commissioner Carey stated it does not sound like
staff has had an opportunity to look at the finances. She noted that as she is listening to what
Mr. Gowni is saying, it sounds like this is a marganial deal to begin with; and
she is not sure they will not see other things coming down the pike.
Chairman Dallari asked Mr. Fess what assurances the
Board has that the finances are going to be there at the time of CO. Mr. Fess stated Mr. Gowni has the loan commitment
but the money was plugged in at the wrong time.
He explained that Mr. Gowni got the loan commitment on May 29 and it was
based on the first contractor’s worksheet, which put the funds in at CO
time. Since Mr. Gowni got a letter from
the bank eight days ago, he has not had time to get to the bank to say let's
change it.
Upon inquiry by Commissioner Carey as to whether
there is a loan commitment or a loan, Mr. Gowni stated he has a loan. Mr. Fess stated there is an attorneys' letter
with the owner's title policy from Old Republic National Title Insurance
Company of the commitment. He added that
it will be over a $2 million project and noted that Mr. Gowni has already put
up almost $250,000. Mr. Fess pointed out
that this project will take the taxes on this property from $6,000 to over
$60,000. The impact on the
transportation is not until the CO.
Commissioner Carey stated she sympathizes and agrees
there is no impact on transportation until the project has a CO; and therefore,
she may support this motion. She
cautioned that she does not want to see another walk-on like this because she
thinks, in order for the Board to be able to even evaluate it, there needs to
be a lot of financial information that would have been submitted to staff for review. Otherwise, everybody can come in and make the
same case.
With regard to these fees, Ms. Guillet clarified
that in cities, the fee is collected at building permit. In the County, the fee is typically deferred
until CO. The cities do retain 3% of the
fee.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Constantine voted NAY.
Commissioner Carey reiterated that if there is
another item like this one, there needs to be some financial data given to
staff to review to even bring it forward.
Mr. Hartmann agreed.
Commissioner Constantine noted the reason was
supposed to be for a public purpose.
With all due respect, he did not hear a public purpose. He disagrees with the fact that there are not
road impacts until CO. Certainly there
is construction and there will be road impact.
He stated he looks forward to the development and wishes Mr. Gowni the
best of luck. He is happy Mr. Gowni will
be able to proceed but wishes it could have been done in a different
manner. Commissioner Horan stated they
are looking forward to having $2 million of increased tax base.
COUNTY MANAGER AND
STAFF BRIEFINGS
The Board noted, for information only, the Informational
Budget Transfer Status Report for FY 2012/13.
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Mr. Hartmann reminded the Board that at the last
meeting Phil Rawlins, President of Orlando City Soccer Club, came to the Board
to discuss the Club’s pursuit of a major league soccer team and a dedicated
soccer stadium in downtown Orlando. They
have filled thousands of hotel beds in Seminole County through sponsoring
preseason training and youth soccer tournaments. Mr. Hartmann pointed out that the adjacency
of the Club’s 11 fields to the County's 6 fields at Sylvan Lake Park makes the
County an important soccer venue in Central Florida and stands to become more
popular with the awarding of a major league soccer franchise. This will benefit the County's youth and the economy.
Mr. Hartmann explained that Orlando City Soccer Club
has asked for the Board's support of their pursuit for a major league soccer
team and stadium. They have also asked
for consideration of some financial support for the stadium and youth soccer in
Seminole. He stated he has provided the
Commissioners with a draft resolution (copy received and filed) for their
consideration which will, in essence, proclaim the Board's support and direct
staff to commence negotiations for financial support. He noted that Brett Lashbrook, the Orlando City
Soccer Club project director, is present to answer any questions.
Commissioner Carey stated soccer has been a huge
part of the community. She believes
Seminole County can make an investment in this opportunity right here in their
own county which will free up some cash for Orlando City that they would have
to put into training facilities and expansion of their fields. She is happy to support the Resolution.
Motion
by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate
Resolution #2013-R-174, as shown on page _______, supporting the efforts of the
Orlando City Soccer Club in its pursuit of a soccer-specific stadium to house a
Major League Soccer franchise in Orlando; and to authorize staff to commence
negotiations with the City of Orlando, Orlando City Soccer Club, and the
Seminole Soccer Club to determine the feasibility of financial support for a
soccer-specific stadium in Orlando, the commitment for the use of Seminole
County hotel rooms, and other conditions.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY BRIEFING
County Attorney Bryant Applegate distributed
a handout (copy received and filed) regarding the Sports Complex Proposed Land
Acquisition. He explained that in the
survey of the site for the Sports Complex, there is an old railroad right-of-way
that goes back to 1902 or 1903, which is apparently owned by CSX. He described the contingency that is
contained in Paragraph 4C of the Contract for Sale. He also pointed out that the right-of-way
goes nowhere. Mr. Applegate requested a
waiver of the contingency and authorization for the County Attorney's Office to
prepare an amendment to the contract.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to approve County’s
option to waive the contract contingency regarding the railroad right-of-way contained
in Paragraph 4C of the Contract for Sale and Purchase for the proposed land
acquisition of the site for the Sports Complex; to authorize the County
Attorney's Office to prepare an amendment, as shown on page _______, to the
Contract for Sale and Purchase to delete the Paragraph 4C contingency; and to authorize
the Chairman to execute the amendment.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari
recessed the meeting at 11:10 a.m., reconvening at 1:30 p.m., with all Commissioners
and all other Officials, with the exception of Deputy Clerk Jane Spencer, who
was replaced by Deputy Clerk Terri Porter, who were present at the Opening
Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Horan, to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
ORDINANCE/FIRE ALARM CONTROL (Continued)
Continuation of a public hearing to consider a request to create an Ordinance within the Seminole County Code regulating fire alarm systems, as described in the proof of publication.
Tad Stone, Public Safety Director, addressed the Board to review the proposed Ordinance as outlined in the agenda memorandum.
Commissioner Carey commended Mr. Stone and his staff for doing an excellent job and taking the time to get it right.
Commissioner Horan congratulated Mr. Stone on the hard work Public Safety staff has done.
No one spoke in support or in opposition.
Motion by
Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance
#2013-21, as shown on page _______, enacting amendments to the Seminole County
Code regulating fire alarm systems by renaming existing Chapter 85 to Chapter
85, Part 1, “Fire Prevention Code”; creating Part 2, “Fire Alarm Systems”; and
amending Chapter 53, Part II, “Code Enforcement Citations,” as described in the
proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari commended Mr. Stone and his staff
on this item.
FLORIDA AVENUE RIGHT-OF-WAY
VACATE/Dwight Saathoff (Continued)
Continuation
of a public hearing to consider a request to vacate and abandon a portion of
the public right-of-way known as Florida Avenue; approximately one-eighth mile
north of SR 434 and west of DeLeon Street, as described in the proof of
publication, Dwight Saathoff.
Brian Walker, Planning & Development,
addressed the Board to advise that the applicant has requested this item be
continued to July 23, 2013.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Horan,
seconded by Commissioner Carey, to continue to July 23, 2013 at 1:30 p.m. or as
soon thereafter as possible, the request to vacate and abandon a portion of the
public right-of-way known as Florida Avenue; approximately one-eighth mile
north of SR 434 and west of DeLeon Street; as described in the proof of
publication, Dwight Saathoff.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF ADJUSTMENT
APPEAL/Michael Sumner
Proof of publication, as shown on page _______, calling for a
public hearing to consider an appeal of the Board of Adjustment’s decision to
approve the request for a rear-yard setback variance from 30 feet to 10 feet
and a side-yard (east) setback variance from 10 feet to 5 feet in the R-1AA
(Single Family Dwelling) district, for property located on the north side of
East Hillcrest Street, approximately 200 feet west of Palm Springs Drive,
particularly known as East Hillcrest Street (Lot 37), Michael Sumner, received
and filed.
Denny Gibbs, Planning
& Development, addressed the Board to present the request as outlined in
the agenda memorandum. She advised that
the Board of Adjustment (BOA) approved the setback variances for a proposed
garage based on evidence presented at its April 22, 2013 meeting. She explained
that the appellant owns the property which is to the east of the
applicant/appellee’s property. Staff
recommends the Board overturn the decision of the BOA that approved the setback
variances.
Commissioner Carey
commented that when reading the minutes of the BOA meeting, there was not a lot
of discussion about Option 2 and she questioned if there was a reason it had
not been discussed. Ms. Gibbs stated
that the applicant offered two options, with Option 1 being his preferred option. Since the Board had no objection to Option 1,
that is the one they granted, and Option 2 never came under discussion.
Commissioner
Constantine requested that Ms. Gibbs point out on a schematic of the property
where the garage could be built if the setback variances were not granted. Ms. Gibbs pointed out Option 1, and then drew
on the schematic where the structure could be built without setback
variances. He confirmed that if the
applicant applied just for a building permit and did not request a variance,
then the structure could be built more south and five more feet inside the
property line.
Per Commissioner
Carey’s request, Ms. Gibbs pointed out where the garage could be built under
the scenario that Commissioner Constantine described.
Michael Sumner,
appellant, addressed the Board to show that the plot plan is a bit of a
misrepresentation and discussed the differences between Option 1 and Option 2,
which were part of the original request.
He explained why he believes Option 2 permits the building to fit
proportionately onto the piece of property.
He stated that the building that is drawn on Option 1 is incorrect; the
length and width of the building is reversed.
He stated the back of the property should have a 30-foot easement
because of power and an underground gas line.
He showed a photo of the properties and pointed out the area in his back
yard where he entertains and the proposed building on his neighbor’s
property. He pointed out trees that have
already been removed.
Upon inquiry by
Commissioner Carey, Mr. Sumner stated he is not opposed to Option 2 as long as
it is not a metal building. Commissioner
Carey confirmed that the applicant could build a metal garage without any
setback variances if he placed it 30 feet from the back of the property and 10
from the east side.
Mr. Sumner confirmed
that for land use, he prefers Option 2 as that would put the garage facing the
same direction and on the same side of the property, which is how the property
was originally designed.
The applicant’s
information is blocked from public record.
He addressed the Board to state he applied for the variance in
April. He pointed out a large tree in
the middle of the property. He opined
that by placing the garage in the area shown on Option 1, it actually puts it
away from any entertaining the neighbor chose to do on his property. He listed the issues with Option 2 which
include a number of trees on the side of the property that would need to be
removed, it would reduce the yard area of the property where his two small
children play, and it would block the view of the children from the house.
Upon inquiry by
Commissioner Carey, the applicant stated he plans to remove the small shed on
the back of the property which is for storage at this time. He plans to put those items in the garage
once it is built in addition to the car.
The applicant added
that Option 2 would add $3,000 to $4,000 to the cost of the building, plus he
will lose half of his yard.
Commissioner Carey
requested that Ms. Gibbs display the exhibit she had previously provided to the
Commissioner that showed how many variances had been granted in that
neighborhood. Ms. Gibbs reviewed the
information (copy received and filed) and stated over the years there have been
quite a number of variances.
Mr. Sumner displayed
photos (received and filed) of the property and stated he believes they give a
better idea of how large and how close the proposed structure will be to his
property. He stated he thinks the
structure will be an eye sore to him and the neighbor to the north and said she
has not been notified at all.
Commissioner Carey
confirmed with Ms. Gibbs those located around the property had been given
notice.
Diana Evans, 1471 Southwind Drive, addressed the Board to state that she
dislikes the prospect of people interfering with other people’s private
property rights. She stated that one
neighbor stated his children need to be seen and it is for their safety to do
it this way and the other neighbor stated it upsets him that it will cause a bad
view and he has parties over there. She
said she feels the safety of the kids outweighs the aesthetics.
No one else spoke in
support or in opposition.
Speaker Request Form
was received and filed.
Upon inquiry by
Commissioner Constantine, the applicant pointed out the shed and reviewed its position
and dimensions. Discussion ensued.
Upon inquiry by
Commissioner Horan, Ms. Gibbs stated that Option 2 would also require a
variance.
Commissioner
Constantine opined that this is more of a neighborhood dispute than anything
else. He said both have their points to
make and he was trying to find a solution that could work. He asked Mr. Applegate to explain the options
of the Board today. Bryant Applegate,
County Attorney, stated they can deny the variance, they can approve the
variance and add conditions to it, but since the BOA did not consider Option 2
at all, the BCC cannot rule on Option 2.
Commissioner Henley
stated that when looking at criteria for granting this, one is that the
situation is something that was created by the desire of the applicant for a
30-foot garage. He wondered if he could
fit the garage on his lot without the variances and stated he will not be
supporting the appeal request.
Commissioner
Constantine confirmed with Ms. Gibbs that this case is about the setbacks and
not the size of the structure.
Commissioner Carey
stated she did not want to get into telling someone what size building they can
build on their property. She questioned
Mr. Applegate whether the Board is authorized under this appellant hearing to
modify what the BOA approved. Mr.
Applegate advised it is in their authority to impose reasonable conditions.
Commissioner Horan
declared he will be voting to uphold the BOA decision to approve the applicants
request based upon the record that was produced by the BOA. He said he believes there is substantial,
factual evidence to support the findings for the granting of the variance. He finds that the appeal is based upon Option
2 being better than Option 1, and the BOA did not rule on Option 2.
Upon inquiry by Commissioner
Constantine, Mr. Sumner suggested that a solution could be to share in the
building of a concrete wall between the properties.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to uphold the
Board of Adjustment decision to approve the request for a rear-yard setback variance
from 30 feet to 10 feet, and to overturn the Board of Adjustment decision,
thereby denying the request for a side-yard (east) setback variance from 10
feet to 5 feet, for a garage in the R-1AA (Single Family Dwelling) district,
for property located on the north side of East Hillcrest Street, approximately
200 feet west of Palm Springs Drive, particularly known as East Hillcrest
Street (Lot 37), as described in the proof of publication, Michael Sumner; and
approval of Decision on Appeal, as shown on page _______.
Under discussion, the
applicant and the BCC discussed the denial of the 5-foot setback variance, the
large tree in the middle of the property, and repositioning the garage or
making it smaller.
Districts 2, 3 and 5
voted AYE.
Commissioners Dallari
and Henley voted NAY.
CHAIRMAN’S
REPORT
Chairman Dallari
informed the Board he received a memorandum from Ray Valdes, Tax Collector, requesting authority from the BCC to be the voting delegate
of Seminole County at the NACo Annual Conference in July, 2013.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to authorize Ray Valdes
as Seminole County’s voting delegate at the NACo Annual Conference to be held
in July, 2013.
Under discussion and
upon inquiry by Commissioner Carey, Mr. Hartmann advised that the NACo dues are
current and they are budgeting for next year.
Districts 1, 2, 3, 4
and 5 voted AYE.
--------
Chairman Dallari stated
he sent an email to the BCC, County Manager and County Attorney a week ago
referencing Smart Meters. He has been approached by a half dozen residents that
do not want to participate in the automatic recovery of that data. They have several issues and one of them is
security. He suggested they may want to
give residents an opt-in or opt-out clause.
He asked for input from the Board.
Commissioner Carey
stated the Board made the decision to go to these types of meters in an effort
to reduce the amount of manpower it takes to go out and physically read a
meter, so she would not be in favor of an opt-in clause and is not sure if
she’d be in favor of an opt-out clause either.
She suggested scheduling a work session to discuss whether the policy
should be changed and depending upon what comes out of the workshop, whether they
decide to have a provision to opt in or opt out, then they can bring that back
as an agendized item having already vetted all the information in a more
informal setting.
Discussion ensued as to
the number of calls from citizens, timing of the work session, and the rate at
which the meters are being changed.
Commissioner Horan
opined that if a particular person objects to the meters prior to the Board’s
decision, it can be handled on an operational basis. The way things are right now in the public,
with all of the concern about privacy, it certainly doesn’t hurt to put out as
much correct information they have concerning what they are doing, why they are
doing it, the benefits, the cost, and what can be done with regard to the
privacy aspects of it.
Commissioner Carey
stated they would need to have a public hearing to change the Ordinance. She said there is additional burden and cost
to not using the Smart Meters, and they should talk about making some adjustment
to the bill for that so the entire system isn’t paying for it. There was a consensus of the Board to hold a work session possibly in July.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Memorandum
dated June 6, 2013, from Cathy Galavis, Florida
Department of Revenue, to all Boards of County Commissioners RE: Notification
of Receipt of Property Appraiser Budgets. (C: BCC,
County Manager)
2.
Letter
dated June 6, 2013, from Dr. Giovanni Vergel,
Luv-N-Care Animal Hospital, 1482 North Ronald Reagan Blvd., Longwood, to
Chairman Robert Dallari RE: Letter of Resignation to the Animal Control
Board. (C: BCC, County Manager, Animal Services)
3.
Letter
dated June 10, 2013, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Robert Dallari RE: Notification of Retirement from Bright House
Networks and Time Warner Cable at the beginning of July. (C: SGTV; County Manager; Michael Champagne,
Bright House Networks)
4.
Notice
of Public Hearing received June 12, 2013, from City of Lake Mary RE: Public
Hearing to consider a Conditional Use to allow a private and retail
recreational facility (personal training facility – CrossFit
Lake Mary) within Office and Light Industrial (M-1A) zoning district located at
111 Commerce Street. (C: BCC, County
Manager, Economic & Community Development Services)
5.
Letter
dated June 7, 2013, from Polly Trottenberg, U.S.
Department of Transportation, to Chairman Robert Dallari RE: Appreciation for
letter supporting funding for Seminole County’s Sanford RiverWalk
Phase III Project under the Transportation Investment Generating Economic
Recovery (TIGER) Discretionary Grant Program.
(C: BCC, County Manager, Public Works, Economic & Community Development
Services)
6.
Letter
dated June 13, 2013, from Sally Jewell, Department of the Interior, Washington,
D.C., to Seminole County of Local Government Official RE: Payments issued under
the PILT Program to be used for any governmental purpose including important
community services such as emergency response, public schools, and roads. (C: BCC, County Manager, Community Assistance,
Public Safety, Public Works, Resource Management)
7.
Memorandum
dated June 14, 2013, from Ray Valdes, Seminole County Tax Collector, to
Chairman Robert Dallari RE: Requesting authority from the Board of County
Commissioners to be the voting delegate of Seminole County at the NACo Annual
Conference in July, 2013. (C: BCC,
County Manager)
8.
Health
Issues Brief dated June 2013, from Florida Hospital, Government & Public
Affairs RE: Variation in Hospital Costs and Charges. (C: BCC, County Manager, Human Resources)
9.
Letter
with attachment dated June 17, 2013, from Sheryl Bower, City of Longwood, to
Chairman Robert Dallari RE: Annexation of Parcel ID: 05-21-30-523-0000-00AA,
Annexation No: 01-13. (C: County Manager)
10.
Letter
with attachment dated June 21, 2013, from Martin Friedman, Sundstrom,
Friedman & Fumero, LLP, 766 North Sun Drive,
Suite 4030, Lake Mary, to Chairman Robert Dallari RE: Docket No. 120209-WS;
Application of Utilities, Inc. of Florida, for an increase in water and
wastewater rates in Orange, Pasco, Pinellas and Seminole Counties. (C: BCC, County Manager, Environmental
Services)
11.
Letter
with attachment received June 24, 2013, from George Aguel,
Visit Orlando, 6700 Forum Drive, Suite 100, Orlando, to Community Leader RE:
Visit Orlando Annual Report.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Horan distributed business cards (copy received and filed) with information
concerning the accomplishments of the Boys & Girls Club of Seminole County
within the last year. He advised they
finished with 108% increase in their private fundraising. He attended a fundraising event last Saturday
for the Boys & Girls Club that was supported by Parks Lincoln in Longwood,
“Drive to Give” in which $20 per car was given to test drive one or two
cars. He said it was a wonderful thing
that Parks Lincoln did for the community.
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As
a Board member for United Arts, Commissioner Horan reported they have completed
their Strategic Plan for the next three years.
Additionally as was reported in the newspaper, United Arts exceeded its
private fundraising from last year by 13%, which included $300,000 of new private
fundraising for this year over last year.
The emphasis of the Strategic Plan of the United Arts is a change in
direction; they are emphasizing community enrichment and quality of life
issues. He has sent this information to
the Board. He advised that United Arts
has instituted a website called “Power to Give,” where member organizations
themselves can put their materials on that website and do fundraising on the
website. For example, The Wayne Densch
Theatre and the Seminole County Arts Council can use the “Power to Give”
website within the United Arts template to provide information in addition to
their own websites. He encouraged those
with philanthropic intentions in that area to support the arts and science and
history.
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Commissioner
Horan advised in regard to the Public School Facilities Planning Council, they
have been briefed on the final Capital Improvement Budget for the School
Board. The bottom line is the capital
improvement for this year is about $55 million of which almost $23 million
continues to be debt service. He said
they identified about a year and a half ago the affect that debt has on the
Capital Improvement Budget. It still is
about 44% debt service, so with $22 million per year in debt service, which is
basically certificates of participation through leveraged lease financing, it
will not go down for at least another seven or eight years to about $17 million
per year. So the one mil that is being
used right now is being put into the Capital Improvement Budget. That one mil is about $25 million per year
which offsets the debt service. But it
is apparent without some kind of dedicated revenue source for capital
improvements into the future, the School Board will continue to experience
pressure to meet its maintenance, repair and replacement needs, especially as
the capital assets on which they are presently paying debt for the foreseeable
future continue to age. He stated he
thinks that puts a premium on the goal of this particular committee to leverage
all of the physical assets of the various governments to get the most usage out
of them and also to identify those particular assets that can be used in an
alternative fashion that might be able to create more sources of income.
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Commissioner
Horan reported the Historical Commission is doing a number of different
projects right now including a rather interesting tractor restoration
project. In particular for the interest
of this Board, he said they need to agendize a discussion about what pieces the
artisans who are producing the County-owned pieces from “The Senator” are
supposed to look like, how and where they will be displayed, and issues
relating to that not necessarily covered by the contracts they have with the
County. He said they are at a critical
point where they really need some kind of direction on those pieces. Commissioner Carey stated she also had
inquiries and believes they need to get the pieces collected to see what kind
of space is needed.
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Commissioner
Horan plugged the 100-Year History of Seminole County book and said it is
available on the website. He said sales
are going quite well. They have a
corporate outreach at the present time.
Letters have gone out to 60 different corporations and businesses
encouraging them to purchase the book for themselves and also their employees
and their customers.
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Commissioner
Horan stated he and Commissioner Constantine attended a tour of the Yankee Lake
facility with members of the St. Johns River Water Management District (SJRWMD)
and the Southwest Florida Water Management District. He added he was there pinch hitting for the
Chairman. He thanked the SJRWMD members
for their assistance, financial and otherwise, over the years with this great
project and emphasized they are actively seeking partners. He said Andy Neff, Environmental Services
Director, and Carol Hunter, Utilities Engineering Manager, did a great job with the presentation and commended all the
people out there with Environmental Services.
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Commissioner
Horan stated he had an opportunity to visit a great business here in Seminole
County called Envirobrite which is part of Virescent Solutions.
He was invited to tour the business by the Volusia Manufacturing
Association, which actually has a lot of members from Seminole County as part
of the regional association. Envirobrite is located here in the Northstar
Industrial Park. They make lighting
fixtures for a worldwide market, employ 95 people, and have two shifts. They do all the machine work; they make their
own machines. There are computer screens
above every production that shows the line workers their production; where they
are in terms of the production of the entire group, and the employees are paid
and granted bonuses based upon the production of the group. He said it is a wonderful operation and he
has invited the owners here to give a presentation. He stated that as Commissioner Carey pointed
out to him earlier today, this is one of the very many incredible businesses
here in Seminole County that employ a lot of people and distribute products and
services throughout the world.
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Commissioner
Horan stated he took the National Champion markswomen up on the offer to go and
shoot at their facility at Oviedo High School.
He remarked to not let anyone tell you that it is not an athletic
endeavor. Commissioner Carey stated they
are very proud of those women.
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Commissioner
Horan reported that he attended, along with Chairman Dallari, a wonderful event
where Father John Bluett with St. Stephen’s Catholic Church celebrated the 50th
anniversary of his ordination to the priesthood. Also, yesterday the Commissioner attended a
celebration of the Red Mass by the Diocese of Orlando where they gave out two
awards: one was given to “Pathways to
Care,” which is headed up by Father Bluett.
Some very inspirational things were said, and Bishop Noonan talked about
how we love and trust and celebrate the law, since the law and government is
the way we give to each other in this society.
It brought home that just power and authority in a nation like ours
built on a foundation of self-government is truly derived from selfless service
to others. He said that is a good
message they always need to remember.
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Commissioner
Constantine advised that Orlando Sanford International Airport had its budget
workshop; and the Central Florida Zoo & Botanical Gardens is having a big
event on August 17, “Pirates of the Zooribbean”. CALNO held their meeting at the Princess
Theater and he stated that the theater is a wonderful asset to the community
and to Sanford. The ribbon cutting,
finally, for the Wekiva Parkway is going to be July 10, and it will usher in a
great many opportunities for this County and the entire region. On Friday, he attended the Greek Orthodox
Church and their consecration of the church becoming a cathedral on Wymore
Road. He said it was quite an event with
everyone from around the State of Florida and beyond attending. He said he is very proud and very happy for
their brethren in the Greek Orthodox Church making that church a
cathedral.
Chairman
Dallari surrendered the gavel to Vice Chairman Horan and left the meeting at
this time.
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Upon inquiry by Vice
Chairman Horan, Commissioner Constantine advised there will be an Independence
Day celebration on July 3, “Red Hot and Boom”, at Cranes Roost Park in
Altamonte Springs.
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Vice
Chairman Horan advised that in his district, there will be two
celebrations: one in the morning on July
4, the wonderful Geneva Parade, which he always likes to participate in; and
also that evening, there will be a fireworks display over Lake Jesup sponsored
by the City of Winter Springs.
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Commissioner
Henley stated the Board should have received a copy of a letter from James
Fowler, the attorney for Altamonte Springs, to the CEO of LYNX regarding the
FlexBus system. He said there has been a
lot of misinformation circulated throughout the County. Mr. Christiansen, the LYNX attorney, was
instructed to research all of the minutes, memos, etc. since the beginning of
the FlexBus issue and to respond to Mr. Fowler.
Commissioner Henley distributed copies (received and filed) of the
aforementioned letter and the response.
He explained they are trying to correct some misinformation. There is a meeting coming up of the Central Florida Metropolitan Planning Organization
(MPO) Alliance, which is the alliance of the metros from
Polk County all the way up to Marion County.
He has not yet received an agenda and said he will not be able to
attend. He wanted to alert the BCC that there had been discussion at the last
two meetings for the MPO Alliance to assume responsibility to set the
priorities for roads in the region and he is not in agreement with that. He advised that if any of the BCC members are
interested and would like to attend in Commissioner Henley’s place, he will
send a note to that effect. Chairman
Carey added that it is the role of the MetroPlan Board, the regional board and
their boards, to set the priorities, not the MPO Alliance. Commissioner Henley stated there are
approximately eight, maybe more, metros in the alliance.
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Commissioner
Carey reported that she attended a Port Authority Board meeting on the June 19
and they are continuing in the Policy Committee to update their leasing
policies and that should be finalized, hopefully, at the next board meeting.
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Commissioner
Carey also had an opportunity to meet with the Performing Arts Director and
some of their board members to talk about the Performing Arts Center in
Orlando. They are looking for
philanthropic partners to help raise some private funds so that they can finish
building that facility. She added she is
sure they will be talking with Commissioner Horan, as he is their Arts Council
representative, and commended his ability to help organizations like the Boys
& Girls Club who raised more money than they had in the past.
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Commissioner
Carey advised that on June 20, they had the Workforce Central Florida joint
meeting of the Consortium and the Board of Directors, which happens twice a
year. Last year when they did the
reorganization of Workforce Central Florida, one of the things that came out of
there was they felt there needed to be a joint meeting with the Consortium
Board, which is made up of the board members from the five-county area, along
with the full Board of Directors, which are appointed by those different
groups. At that time, they reappointed Richard
Sweat who is the president of .decimal, Inc. to the Board of Directors. She stated that Mr. Sweat was an original
appointee from Seminole County, and after talking to Pam Nabors, the Executive
Director for Workforce, with the primary focus being on manufacturing
throughout the State, they felt that Mr. Sweat’s role in helping with the
manufacturing was really important. The
other board member at that time, Mark Wiley, was very engaged in the
construction side of things and he was able to take a seat for Osceola
County. So he will continue to work on
the Workforce Board but as an Osceola County representative instead of a
Seminole County representative. There
are also four board members whose terms have expired and they will also be
going off the board: Kevin Shaughnessy,
who was kind enough to chair that board during a very difficult time; Rick
Walsh, Robert Thompson and Catherine Hanson from Lake County. Commissioner Carey advised that as a
colleague on the Board, she has sent a letter to them thanking them for their
service. She said that manufacturing is
a primary focus and both Seminole State College and Valencia are working
closely together to work on technical skills.
Welding programs and simulation are a big part of the manufacturing
world these days. They are working to
ensure that they have the workforce to support some of these different groups
that are bringing jobs into the area or that need job training. For example, Mitsubishi needs specific
training in their plant, so the colleges are working with them to ensure that
need is served. Also, they are going to
create a business services group to call on local businesses to ensure that
they understand training needs. Commissioner
Carey advised that Governor Scott was out of town, but he does have a letter on
his desk to sign that would take them off the high-risk list; there has been a
big turnaround in the last year and a half at Workforce Central Florida and
they would like to be relieved of that high risk designation that had been
given earlier.
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Commissioner
Carey advised that she has drafted a letter that she will forward to the
Chairman’s office because she has a request from the Florida Department of
Environmental Protection, Office of Greenways and Trails, asking the BCC to
approve a letter of support to the St. Johns River Alliance. This is for the St. Johns River to be
designated as a “blueway” or paddling trail. There is no financial impact to the County. The only thing they have to do is agree to
maintain existing facilities, which is done anyway. The County does not have to say they will
enhance them or anything else; in fact, she put in the letter that there is no
commitment by the BCC to have to do that.
She said it is just another designation; another opportunity to be able
to obtain grants and to be able to continue to expand the greenways and
trails. She had staff look at that item
to ensure there were no long-term implications in a negative way or any
financial way.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to authorize the
Chairman to endorse a letter of support for the St. Johns River to be
designated as a “blueway” or paddling trail.
Districts 2, 3, 4 and 5
voted AYE.
Commissioner Carey
listed the start times for Independence Day events as follows: Red Hot and Boom in Altamonte Springs starts
at 4:00 pm on July 3rd at Cranes Roost Park; the Geneva Parade,
which is a great hometown parade, is at 10:00 a.m. on July 4th in
Geneva; there will be city fireworks sponsored by Oviedo at 4:00 p.m. on July 4th
at the Oviedo Mall; at 5:00 p.m. in downtown Sanford’s Fort Mellon Park will be
“Star Spangled Sanford”; and at 5:00 p.m. also is when the Central Winds Park
will start the celebration for Winter Springs.
Commissioner Carey
wished everyone a Happy Fourth of July and said she hoped they enjoy family and
friends and remember the reason they celebrate Independence Day.
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Vice Chairman Horan
commended Commissioner Carey along with others on the Workforce Board who have
done such a great job in making that a very effective organization.
ITEMS
FOR FUTURE AGENDA – CITIZENS
Diana Evans, 1471 Southwind Drive, stated she just got back from Washington,
D.C. where they are dealing with all the violations by government of the
privacy of American citizens, specifically NSA, IRS, and the DOJ. She said it concerns her when those elected
to serve the public think it is okay not to make them aware of things that
affect them. The reason there was little
discussion before about Smart Meters is that people were not aware of
them. For the most part, those that she
has spoken to are not really thrilled with them. An opt-in ordinance ensures that homeowners
will be made aware that a smart water meter is going to be installed, and since
it affects their lives, they should have a right to refuse and keep their
analog meter as she did. Smart Meters,
unlike analog meters, read in real time.
For example, if you wanted to know how much water you use between 10:00
a.m. and 11:00 a.m. on June 3rd, you could find that out with a
Smart Meter. She said it is a big deal
because it violates the right to privacy.
They are also not firewalled.
They are not secure because they are easily hacked. She suggests an opt-in resolution; the
difference between that and an opt-out is that homeowners have to know this
information, but with an opt-in, the department must notify homeowners and then
the homeowners must give their approval, either via email or in writing, that a
Smart Meter may be installed. The second
provision is that it be retroactive; if not, you will find there will be
lawsuits. The third provision is that
there will be a fee because it isn’t fair that they should have to take those
out for free. She suggested $2 or $3 per
month for maybe 24 months which would pay for the installer to switch it out. She stated she hopes the Board will consider
this proposal because she thinks it is very important to property rights and
privacy.
After inquiry by
Commissioner Carey, Ms. Evans stated that the opt-out would put the onus on the
homeowner; they are asking for the onus to be put on the County. Commissioner Carey stated that maybe the
solution is to notify all the customers who have not had their meters changed
out yet to give them the opportunity to opt out. If they choose to keep the analog, that is
fine, but they should pay for it because the cost to physically go out and read
those meters every month should not be put on all the users of the system. She said she believes it would be more
financially beneficial to the residents and the community to have the opt-out
option.
Ms. Evans suggested
going with an opt-in option, but with a limited time to respond; for instance,
everyone gets their notice, they must respond before the County can install,
but they have 60 to 90 days to respond by email or in writing; and if they
don’t respond, it could be considered a default acceptance.
Speaker Request Form
was not received and filed.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
No report.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:55 p.m., this same date.
ATTEST:______________________ Clerk_____________________Chairman
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