BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
July 22, 2014
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, July 22, 2014, 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 Brenda Carey (District 5)
Commissioner John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court &
Comptroller Maryanne Morse (late)
Deputy County Manager Joe Forte
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Pastor
Roger Fall, First Baptist Church of Sanlando Springs, Altamonte Springs, gave
the Invocation.
Commissioner
Carey led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight Video for Sanford River Rats was presented.
AWARDS AND PRESENTATIONS
Jim Sellen, VHB Miller Sellen, addressed the Board to display a PowerPoint Presentation (received and filed) for the Oxford Road Redevelopment Plan. He stated this project arose out of the work that was done for the U.S. Highway 17-92 Corridor Study. The study recognized that there were three catalyst sites where it would make sense for the County to invest in repurposing and redevelopment. Those sites include the Sanford, Five-Points and Oxford Road areas. He began his presentation by explaining why this project is important. He displayed and reviewed aerial maps outlining the study-area boundary of the project, showing the roads that are in the study area and the SR 15/600 interchange (flyover) at SR 436. He continued by reviewing the Study Area Development Potential; Existing Development in the area; the importance of the Lynx Access; Retail Market Analysis in association with the Plan; Primary and Total Trade Areas; Retail Analysis Breakdown; and the Redevelopment Analogues studied by the Oxford Road Focus Group. He displayed and reviewed aerial projects in south downtown Orlando; Mizner Park in Boca Raton; Winter Park Village; and the 29th Avenue Town Center in Denver, Colorado.
Mr. Sellen continued by reviewing the Common Redevelopment Principles Established by the Focus Group; the Parks, Open Space and Stormwater Concept Plan; the Roadway Plan; and the Bike and Pedestrian Plan. He displayed site plans for Alternative One and Alternative Two and reviewed the multifamily units, square footage and the taxable value. Mr. Sellen stated this is not a regulatory plan, but a plan that will try to give the private sector an opportunity to understand what Seminole County would like to see here. He explained what they are trying to do with this plan. He displayed aerial views of what Oxford Road would look like northbound, southbound, and along Oxford Road and Fernwood Boulevard. He reviewed the Oxford Road Alignment Impact and the right-of-way for existing Oxford Road at the Fernwood Boulevard intersection, northbound.
Mr. Sellen stated his office has worked with the County’s Engineering Department and the City of Casselberry on a road cross section that they felt would work for this area. He reviewed the Typical Sections for Oxford Road (south of SR 436); North Oxford (City of Casselberry); and Fernwood Boulevard. He stated the Oxford Road Area Redevelopment Technical Advisory Panel (TAP) formed from the Urban Land Institute consists of Lisa Dilts; Mary Hurley; David McDaniel and Michelle Pierce, and advised that they agreed with the Development Program Alternatives. The TAP also recommended closing Fernwood Boulevard as a through street to create a place-making element that will brand the project and a smaller block grid. He discussed what components of the Oxford Road Redevelopment Program that the TAP would change; how the TAP would stage development within the redevelopment program; what would the TAP recommend doing different to give this area a unique identity; what financial incentives would be most effective in igniting marketplace activity; if the TAP believes that the proposed development policies are barriers; and if the TAP would add policies to serve to incentivize redevelopment. He concluded by reviewing the TAP’s recommendations. He stated the recommended actions are: adopt an Overlay District; acquire sufficient right-of-way to allow Oxford Road to be extended; continue to provide some type of revenue base; apply for New Market Tax Credits; partner with the landowner to issue an RFP; target restaurants as the initial commercial user; establish a Main Street Association; and amend Target Zone B to allow up to 140 feet in height.
Randy Morris addressed the Board to advise this is an incredibly complex project in terms of the number of steps that need to happen. He emphasized that the City of Casselberry participated in every meeting and they are enthused about this project with regard to their redevelopment plans. He suggested scheduling a joint meeting with the Casselberry City Commissioners if the BCC implements the recommendations. He stated VHB Miller Sellen will be presenting this presentation to the City of Casselberry. Miller Sellen is working with the Florida Department of Transportation (FDOT) on the connectivity of the Kewannee Trail to the Casselberry trail system. FDOT is performing a study to look at an overpass or underpass to get people across a very dangerous area. He suggested that the County may want to participate in that study. A peer review system is going on simultaneously with the property owners and the largest property owners, along with nine businesses, have participated in multiple meetings. Mr. Morris stated there is probably too much commercial in this area and some of it may need to be converted to multi-family or other types of housing. The success in the Heathrow/Lake Mary corridor has been driven by night-time population. The valuation issue needs to be focused on and the critical element is to bring in median level or higher-median level income producing families or individuals that have buying power. This project will be presented to the Redevelopment Planning Agency (RPA) next month. Mr. Morris stated the catalyst for this project is Oxford Road and he explained why Oxford Road is now being reconsidered.
Mr. Morris asked the Board to
address the action items that they are requesting in September. He stated Miller Sellen is willing to discuss
this project during a work session. People
have indicated that they feel that a place-making situation is needed in the
area and that the area should be rebranded. Realtors, commercial interest, and others
perceive this as an area called Fern Park and that element hasn’t gone away. He stated place-making becomes important and
he is recommending that Fern Park Boulevard be renamed Oxford Place.
Commissioner Carey stated she is
glad to see it was explained how retail commercial and multi-family markets go
together. Mixed-use has become a real
player in the last 10 years and they have learned a lot of good lessons around
the country of what not to do. Vertical
integrations are one of the most important lessons. The big picture is retail cannot survive without
multi-family or people being there after 5:00 p.m. Colonial Towne Park had a lot of missing
pieces in the early days, but now they are very successful with having a lot of
rooftops around. She stated she feels
that an immediate fix at the crossing at SR 436 and Oxford Road is to do the same
unique things that were done on International Parkway near the Westin. She added she feels that from a visual
perspective, an underpass would be more pleasing than having a monstrous
overpass at SR 436 and U.S. 17-92.
Commissioner
Constantine left the meeting at this time.
Mr. Morris
stated Commissioner Carey pointed out that they should have emphasized the
three phases of mixed-use development more because if one of them fails or has
financial problems that lead to refinancing, it comes to a critical point. He said he wished that he had spoken to her before
they did the final draft. The classic
model in the most intense situation works in a true urban setting. He recommended that the Board give their
staff direction to work directly with FDOT as they are doing a study relating
to the overpass at SR 436 and U.S. 17-92.
The one thing that came up in working with small businesses and the ULI
(Urban Land Institute) partners is unanimity on all of the recommendations. The only disagreement they had was two-laning
or restriping it to go to four lanes.
Commissioner
Constantine reentered the meeting at this time.
Commissioner
Carey stated she would like to know if there was a taking of right-of-way there
with some agreement that they could continue to park there until the County
needs it. She added she would like to
know the history on that because it would be very unlikely back then that a
building could be built where there was no parking.
Mr. Morris
stated private use and profit of public land is much more restrictive than it
used to be. Commissioner Carey stated
the Board needs to know if there ever was a taking with an agreement.
Brett
Blackadar, County Engineer, addressed the Board to state staff studied Oxford
Road in 2006/2007 and they did not find any type of agreement. He stated as soon as this study is completed,
staff will start another preliminary engineering study. One other option is to look at the other side
of the road. There will be a lot of
impact to the businesses if they widen the right-of-way in that area and that
will be evaluated.
Commissioner
Carey stated the Board has been discussing what they should do with the CRA and
how they can utilize those funds as it starts to come to an end. The Oxford Road and Fernwood Boulevard area
has a large stormwater pond and that becomes a buffer to the overpass. She stated she feels those things will be
important to focus on with those funds.
There are multiple owners located on the northeast corner. She added she feels the overlay and the
master stormwater ideas are good and she is glad that VHB has brought in the
ULI partners.
Mr. Morris
stated a lot of the properties cannot redevelop because they do not have
retention and do not meet current standards from the Land Development Code
(LDC). There needs to be very complex
negotiations on stormwater, taking issues, and how this benefits both sides of
the roadway. He added he feels there is
going to be a fairly significant halo effect out of the study area if the
building of Oxford Road is successfully done and how the retention is
handled. Commissioner Carey stated having
multi-family first makes it easier to get the retail.
Commissioner
Horan clarified that if the County owns the right-of-way, the fact that people
park on it does not constitute a waiver or a vacation of that
right-of-way. He stated he liked the way
VHB got the private sector involved so that the recommendations come from the
bottom up. The flyover will impact that
particular intersection in a way that is adverse to the business interest. Money has been earmarked for this type of endeavor
so that the owners of the properties can respond to the flyover by reorienting
their development and creating a new main street on Oxford Road.
Commissioner
Henley stated he would like to echo everyone’s comments and the one
recommendation that is important is dealing with Fernwood Boulevard and
changing the image that people have so they can sell Oxford Place. He commended VHB for the team they put
together and noted their work will reflect what can happen through
collaboration and said this has tremendous promise.
Commissioner
Constantine commended the work, the concept and the vision of the project. He stated since there is a vision, he would
like to know where do they go and what are the next steps.
Mr. Morris
stated the County needs to determine what they want the typical section to look
like and then have their staff move forward with the engineering
documents. The County needs to enter
into serious negotiations with the Jai-Alai owners as they have been looking
forward to having intense business discussions.
When the negotiations are occurring, the Board should be in a position
to judge that negotiation versus being the negotiator. He stated VHB is asking the Board to adopt
the 12 recommendations they have presented and then come up with uniform
zoning, height limitations and densities for this area.
Commissioner
Carey stated one recommendation is to have the County contact the developers
regarding an RFP. She stated she doesn’t
think that is the County’s business, but it is up to the developers to decide
who they want to negotiate with for the multi-family pieces. She stated the County’s role is to do the
overlay and allow for some of the things that the development community and
multi-family world would be asking. They
can move forward with the engineering of Oxford Road and figure how much
stormwater they will need for this.
Commissioner
Constantine stated one step that Mr. Morris recommended is doing a uniform
zoning of that area so that a developer can see what is going to occur
there. Another step is to approve the
plans of the road and to start moving to build the road including obtaining the
property that is needed. They also need
to look at the potential of continuing the CRA so they will have money to do it
in that particular area. Another thing
that needs to occur is the engineering for stormwater.
Mr. Morris
stated everyone they spoke to believed that some type of financial vehicle is
needed in order to do a public/private partnership. The County needs to make up their mind as to
what they need to do soon so they can inform the development community what the
situation is and what they can rely on.
City
Manager Randy Newlon, City of Casselberry, addressed the Board to state the
City is very excited to participate in this planning project and they are
looking forward to moving forward with this.
He stated there are a lot of improvements coming to the south Seminole
County area as they are sorely needed.
He stated the halo effect is an important aspect to Casselberry and it
will benefit the City’s side of SR 436.
The City of Casselberry is requesting that their CRA be extended as it
could go 10 more years depending on the BCC.
The City has already hired VHB to plan the Oxford Road realignment, and
they are also working with Seminole State and three private multi-family
developers to see if they can create some interest in redeveloping the Walmart
property running between Hwy 17-92 and Oxford into multi-family.
Chairman
Dallari stated he would echo everyone’s comments and he believes this is an
exciting time for the County and the City.
He stated in moving forward, he believes the BCC needs to instruct the
County Engineer and the Roads staff to look at a recommended typical section
and bring back the procedures and recommendations to move the road section
forward. He said he would like to see
that come back during the August 26 BCC meeting. He recommended that the BCC authorize the consultants
to meet with the Redevelopment Planning Agency (RPA) as well as the City of
Casselberry, and to authorize the consultants to expand their contract and to negotiate
the right-of-way with the property owners.
He said he feels it is a delicate balance, not just on purchasing the
right-of-way but how that is going to enhance the development. Chairman Dallari recommended that staff review
the recommendations as presented so the appropriate land use changes can be
made for uniform overlay and to bring that back to the Board in August. He added he would like to schedule a work
session with the City of Casselberry no later than August 26 to discuss the
finances, the interaction with them, and the crossing of SR 436. He stated he feels that staff needs to meet
with the Florida Department of Transportation (FDOT) prior to the work session
to discuss the interactions with the County, City and FDOT to determine how
they can get people across SR 436. He
stated he would like to know the pros and cons of doing it like International
Parkway.
Commissioner
Carey stated the City has already contracted with a consultant to move forward
on their section of Oxford Road. She
stated she would like the work session scheduled sooner rather than later as
everyone needs to go in the same direction.
Motion by Commissioner
Constantine, seconded by Commissioner Henley to adopt the Oxford Road Overlay
district including the comments as stated by Commissioner Carey.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari recessed the BCC
meeting at 10:37 a.m. and convened as the U.S. Highway 17-92 Community
Redevelopment Agency.
U.S. HWY
17-92 CRA
Consideration
to approve a revision to the CRA Redevelopment and Construction Grant Agreement
with Dick Baird, Inc., d/b/a Bill Ray Nissan and the U.S. 17-92 CRA, related to
redevelopment of the property located at 2724 U.S. 17-92, revising section 4(e)
on page 6, 14(a) on page 9, and extending the project completion date until
December 31, 2015, was presented.
Chairman
Dallari advised that the applicant is requesting this item be continued.
David
Leavitt, 1000 Ridge Pointe Cove, addressed the Board to discuss how it is
unfair that taxpayers’ dollars be used for businesses designated as CRA areas,
but could have been used for other improvements countywide. He reviewed some of the issues that the CRA program
has had. He stated this program expires
in 2017 and he would like the Board to consider this a public request to simply
let the program die out and not let this unfair tax burden continue on the
backs of all Seminole County taxpayers.
Speaker
Request Form was received and filed.
No one
else spoke in support or in opposition.
Motion by Commissioner Carey,
seconded by Commissioner Henley to continue to August 12, 2014 request to
approve a revision to the CRA Redevelopment and Construction Grant Agreement
with Dick Baird, Inc., d/b/a Bill Ray Nissan and the U.S. 17-92 CRA, related to
redevelopment of the property located at 2724 U.S. 17-92, revising section 4(e)
on page 6, 14(a) on page 9, and extending the project completion date until
December 31, 2015.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 10:47 a.m.
and reconvened as the Board of County Commissioners.
PUBLIC PARTICIPATION
Erin
Waldron, 5 North Bumby Avenue, addressed the Board to state he works for the
American Red Cross and he would like to speak with regard to Item #7, Approve
allocations to the Community Services Agency (CSA) Partnership Grant
funds. He stated he understands that the
funding is limited but is aware that the standard has been raised this year from
70% to 75%. He said the American Red
Cross scoring came in at 74.2% but they found out that their scoring was
reduced by 10 points. The rest of their scoring
came in as a perfect score and that made a difference to them. He requested the Board pull this item for
further discussion.
Speaker
Request Form was received and filed.
COUNTY
MANAGER’S CONSENT AGENDA
Commissioner Carey stated she
requested additional information and it appears that a lot of the budget that
is allocated to Seminole County is being used for public education. She stated the Red Cross has managed
approximately over 250 cases over the past five years, and they are asking for
more money than they have actually spent.
She added she feels that the County has a very fair scoring system but
there is not enough money to allocate to all the agencies. She stated if the Board doesn’t like the
process, then they should change it. She
added she feels the process is reasonable and they should approve this item as
presented.
Commissioner
Horan stated in 2007 the County allocated $1.3 million for the CSA program and
that funding decreased during the recession.
He stated since he has been on the Board, they have gone from over
$900,000 to $700,000 and it is heartbreaking as there are so many deserving
organizations that do tremendous work.
The other problem is a lot of the organizations are already getting
decreases in their funding from the State and Federal government. He said he would like to see the County do
whatever they can to help these organizations in raising funds on their own.
Chairman
Dallari stated with the way the reserves are this year, he would like to
discuss reducing the funds. He said he
would like to pull this item for separate discussion as well as Item #30,
Approve BAR Resolution for renovations at Fire Station #16, and Item #39, Award
CC-9353-14, Fire Station 13 Renovation.
Commissioner
Henley stated he would like to pull Item #32, Approve BAR Resolution for JGI
Incentive grant awards, as it deals with three different actions pertaining to
money. He recommended pulling the
BookThatDoc.com item included in this request as it appears again under the
regular agenda.
Commissioner
Carey recommended moving Item (#44, Approve JGI Funding for BookThatDoc.com) to
after the regular agenda.
Motion by Commissioner Carey,
seconded by Commissioner Horan to authorize and approve the following:
County Manager’s
Office
Business Office
3. Approve travel and mileage
reimbursement to Commissioner Lee Constantine for miscellaneous travel from May
15, 2014 through June 20, 2014.
4. Approve travel and mileage
reimbursement to Commissioner Carlton Henley for miscellaneous travel from April
9, 2014 through June 11, 2014.
Community
Services
Business Office
5. Approval appointment of the
following representatives for vacant Board positions on the Committee on Aging
in accordance with the guidelines established by Administrative Code Section
4.6: Andrew Powell, Executive Director
of Rescue Outreach Mission of Central Florida; Audrey Burnett, LCSW, Memory
Disorder Clinic Coordinator and Mental Health Therapist Supervisor; and Gail
Reeves, Seminole County TRIAD Secretary.
6. Approve and authorize the
Chairman to execute an Agreement, as shown on page ________, for Assumption of
Mortgage with Timothy T. Jackson, for a SHIP affordable housing mortgage encumbering
the real property located at 1100 West 7th Street, Sanford.
6A. Approval to participate 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
Assistance Division
8. Approve and authorize the
Director of Community Services to execute the Shelter Plus Care Tenant and
Landlord Agreements which will provide rental assistance for permanent housing
for homeless persons with disabilities.
Community
Development Division
9. Approve and authorize the
Chairman to execute the Corrective County Deed, as shown on page ________, for
the NSP 1 rental property located at 2105 Hartwell Avenue in Sanford, which is reducing
the affordability period from thirty (30) years to an expiration date of August
17, 2030.
10. Approve and authorize the
Chairman to execute Forms (SF-424), as shown on page ________, all
certifications contained in the 2014-2015 One-Year Action Plan, for staff to
submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD),
to procure Community Development Block Grant (CDBG) Program, HOME Investment
Partnerships (HOME) Program, and Emergency Solutions Grants (ESG) Program funding,
and to execute subsequent Grant Agreements.
11. Approve and authorize the
Community Services staff to submit to the Florida Housing Finance Corporation
the Substantial Plan Amendment to the 2013-2016 LHAP; and adopt appropriate
Resolution #2014-R-151, as shown on page ________, for the Substantial
Amendment.
12. Approve and accept the
Neighborhood Stabilization Program (NSP) Monthly Snapshot/Report and properties
acquired by Seminole County Government.
13. Approve and authorize the
Chairman to execute the First Amendment, as shown on page ________, to Seminole
County/Catholic Charities of Central Florida, CDBG Subrecipient Agreement
Program Year 2013-2014 for an addition to and renovation of the Pathways to
Care facility.
Development
Services
Planning &
Development Division
14. Approve the minor plat for the
Mann’s Reserve subdivision located on the west side of CR 426, approximately
2,250 feet south of West SR 46, Jeffrey Mann.
15. Approve the minor plat for BJ’s
at Oviedo Crossings A Replat subdivision containing one lot on 2.14 acres,
located on the south side of Red Bug Lake Road, the east side of Oviedo
Marketplace Boulevard, and the west side of SR 417, Michael D. Franklin and Jan
E. Franklin, as Trustees of the Mike and Jan E. Trust dated October 14, 2003.
16. Authorize the Chairman to execute
the Satisfaction of Lien, as shown on page ________, for Case No. 12-129-CEB,
on 1274 Regency Place, Lake Mary, Tax Parcel #12-20-29-503-0000-0230,
previously owned by Charles R. Capehart, Jr. and Melody Capehart and currently
owned by Nationstar Mortgage, LLC.
17. Adopt appropriate Resolution #2014-R-135,
as shown on page _________, vacating and abandoning a 214 square-foot portion
of a Drainage Easement, Lot 27, Lake Sylvan Cove, as recorded in the Public
Records of Seminole County, in Plat Book 42, pages 69 through 74, more
particularly known as 616 Grand Cypress Point, Rodney Jones.
Public Safety
Business Office
18. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-136, as shown on page
_________, renaming Pennsylvania Avenue to South Brisson Avenue.
19. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-137, as shown on page
_________, renaming Third Court to East 3rd Court.
Public Works
Engineering
Division
20. Approve and authorize the
Chairman to execute an Interlocal Utility Relocation Agreement, as shown on
page ________, with Seminole County and City of Casselberry for the Lake Howell
Road Bridge Replacement over Lake Howell Road.
21. Adopt appropriate Resolution #2014-R-138,
as shown on page _________, accepting a Recreational Trail Easement, as shown
on page _________, from C.C. Altamonte Joint Venture for property necessary for
the construction of a trail over property depicted in Exhibit "A"
(Easement Property) as part of the Seminole Wekiva Trail, Phase 4, project.
22. Adopt appropriate Resolution #2014-R-139,
as shown on page ________, accepting a Quit Claim Deed, as shown on page
_________, for property that was acquired for the Dodd Road Project to clear up
a cloud on a title for Wells Fargo Bank, N.A.
23. Approve and authorize the
Chairman to execute a Purchase Agreement, as shown on page ________, between
Vanessa Gionson, a single person, and Seminole County for property necessary
for the construction and maintenance of a sidewalk along a portion of Dike
Road.
Traffic
Engineering Division
24. Approve and authorize the
Chairman to execute the Traffic Signal Maintenance Agreement, as shown on page
________, between Wal-Mart Stores East, LP and Seminole County, to be installed
at the southern most entrance to the Wal-Mart Supercenter on Rinehart Road.
25. Approve and authorize the
Chairman to execute a Traffic Enforcement Agreement, as shown on page
_________, between Seminole County, Seminole County Sheriff's Office and Osprey
Lakes Homeowners Association, Inc. to enforce regulatory signs within the Osprey
Lakes subdivision.
Resource
Management
Business Office
26. Approve and authorize the County
Manager to execute the Second Amendment, as shown on page _________, to the
Subrecipient Agreement with the 18th Judicial Circuit Court regarding the Adult
Drug Treatment Court Expansion and Enhancement grant awarded by the Department
of Health and Human Services, Substance Abuse and Mental Health Services Administration
(SAMHSA).
Budget and
Fiscal Management Division
27. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-140, as shown on page
_________, implementing Budget Amendment Request (BAR) #14-082 through the
Community Service Block Grant Fund to establish $80,271 in additional grant
funding awarded by the Florida Department of Economic Opportunity for CSBG
authorized activities.
28. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-141, as shown on page
_________, implementing Budget Amendment Request (BAR) #14-092 through the
Libraries Donation Fund in the amount of $1,000 to appropriate a donation for
the Florida Sunshine State Young Readers Program.
29. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-142, as shown on page
_________, implementing Budget Amendment Request (BAR) #14-093 through the Fire
Protection and Fire Replacement and Renewal Funds for $273,404 of additional
funding for (3) Fire Trucks; a Pumper Engine, Special Engine, and Tower Truck.
31. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-143, as shown on page
_________, implementing Budget Amendment Request (BAR) #14-095 through the 2006
Water & Sewer Bonds fund in the amount of $65,000 to provide additional
funding for legal services related to the Residential Reclaimed Retrofit Phase
II project.
33. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-145, as shown on page
_________, implementing Budget Amendment Request (BAR) #14-098 through the
newly established SHIP Affordable Housing 14/15 Fund in the amount of $1,990,378
in order to recognize and budgetarily establish SHIP funding in accordance with
the State Housing Initiative (SHIP) Program Fiscal Year 2014-15 Funding
Certification approved by the Board of County Commissioners on June 24, 2014.
34. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-146, as shown on page
_________, implementing Budget Amendment Request (BAR) #14-102 in the amount of
$20,000 through the Natural Lands Donation Fund to appropriate additional funding
for prescribed burns.
35. Approve the purchase of a JVC
camera for SGTV using existing Brighthouse grant funding.
Purchasing &
Contracts Division
36. Approve Amendment #1 to
SS-601996-14/BJC for the purchase of SimMan SimView Server PC and software licenses,
computer-related components, set-up, on-site customized instructions, warranty
and annual maintenance with Laerdal Medical Corporation, Wappingers Falls, NY; and
authorize the Purchasing & Contracts Division to issue the Purchase
Order(s).
37. Approve Change Order #2, as shown
on page ________, to CC-8805-13/AMM, HOME Program Reconstruction at 1260 Dunbar
Ave., Sanford, in the amount of $17,427.10, to BSE Construction Group, Port
Saint Lucie; add an additional ninety (90) calendar days to Substantial
Completion; and authorize the Purchasing & Contracts Division to execute
the Change Order.
38. Award CC-9327-14/JVP Construction
Services Agreement, as shown on page ________, for the SR 426 & Mitchell
Hammock Turn Lane Project in the amount of $498,675.16 to Atlantic Civil Constructors
Corporation, Orlando; and authorize the Purchasing & Contracts Division to
execute the Agreement.
40. Award RFP-602012-14/BJC, as shown
on page ________, Employee Assistance Program Agreement to ComPsych, Chicago,
IL; and authorize the Purchasing & Contracts Division to execute the agreement.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Request to
approve the recommended funding allocations for Community Services
Agency (CSA) Partnership Grant funds in the amount of $700,000 for FY 2014/2015,
was presented.
Chairman Dallari stated there is no doubt
that the grants are needed and he would like to continue this item contingent
upon the budget work sessions as he is hesitant approving this without going
through the budget first.
Commissioner Horan stated he has done an
analysis of the budget and they need to find approximately $2.5 million in
order to do the CSA Grant funds as well as the Health Department. He stated he would recommend delaying this
item to discuss it during the work sessions.
Commissioner Henley stated he would support delaying this item until the
budget work sessions. He added he feels
the County needs to evaluate what is already being done in the communities by
the churches and others that are helping the residents.
Upon inquiry by Commissioner Carey,
Valmarie Turner, Community Services Director, addressed the Board to state most
of the agencies are planning for their fiscal year starting October 1. Those organizations will need to know what
funds they will be receiving sooner than later as it relates to how they plan
out their programs.
Commissioner Carey stated the Board is
going to have different ideas how they are going to manage the shortfall in their
budget. The most important thing is for
the County to set their budget so that it is sustainable in the reserves.
Motion
by Commissioner Horan, seconded by Commissioner Henley to continue to a future
BCC meeting request to approve
the recommended funding allocations for Community Services Agency (CSA) Partnership
Grant funds in the amount of $700,000 for FY 2014/2015; and to address this issue
during the budget work sessions.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to
approve a Resolution implementing Budget Amendment Request (BAR) #14-094
through the Fire Protection Fund in the amount of $104,353 to provide
additional funding for renovations at Fire Station #16; and approve request to
award CC-9353-14, Fire Station 16 Renovation in the amount of $238,280 to Axios
Construction Services, LLC, was presented.
Chairman
Dallari stated he doesn’t see the need for doing the renovations to Fire
Station #16 as improvements to Station #36 on Markham Woods Road and Lake Mary
Boulevard have not been done. He added
he feels the consultants have not been able to get the costs for construction
under control as it is still excessively high.
Commissioner
Horan stated he feels these two items can be deferred for another budget year
as they do not have a material effect on public safety.
Commissioner
Carey stated she doesn’t have a problem deferring this item until they get
through their budget discussions. She
said she would like to see what the expectation and level of service is for the
upcoming year, when any renovations are going to occur and how this will play
out with future needs.
Commissioner
Horan stated this project is in the Five-Year Capital Improvement Plan (CIP)
and they may have to move this as well as other nonessential projects to other
budget years or move it off the CIP. He
stated the County may be spending money foolishly by putting this particular project
in execution now.
Commissioner
Henley explained why the Board is expressing their concerns about the financial
matters.
Commissioner
Carey stated she feels the Board needs to look closer at the CIP because they
have stations that need to be built as well as other considerations that they
are in the process of discussing through negotiations.
Motion
by Commissioner Horan, seconded by Commissioner Henley to defer action
on requests to approve a Resolution implementing
Budget Amendment Request (BAR) #14-094 through the Fire Protection Fund in the amount
of $104,353 to provide additional funding for renovations at Fire Station #16;
and to Award CC-9353-14/AMM Construction
Services Agreement for Fire Station 16 Renovation in the amount of $238,280 to
Axios Construction Services, LLC of Casselberry.
Under
discussion, Commissioner Constantine and Commissioner Carey discussed whether
there are any unintended consequences in doing this action at this time. Commissioner Carey stated she believes ADA
requirements would not kick in if renovations are not being done and requested
an opinion from the County Manager and County Attorney regarding that.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Henley to authorize and approve the following:
CLERK’S REPORT
41. Expenditure Approval Lists, as shown on page ________, dated
June 9, 16 and 23, 2014; and Payroll Approval Lists, as shown on page
_________, dated June 5 and 19, 2014; approval of the BCC Destruction; approval
of BCC Official Minutes dated June 10, 2014; and noting, for information only,
the following Clerk’s Received and Filed:
1.
Development
Orders, as shown on page ________, as follows:
#12-30000009, Charles & Sylvia North variance; #14-06000012, VSC
Properties LLP overflow parking; #14-27500021, 7-Eleven, Inc. and Hillview 41,
Inc. alcoholic beverage license; #14-27500022, Michael and Jan Franklin
alcoholic beverage license; #14-33000003, Rita Greenwalt special exception;
#14-3000005, Kevin and Amber Spence variance; #14-30000032, Frederick and
Sandra Wirth variance; #14-30000033, Mariyana Dicheva and Ivaylo Grozev
variances; #14-27500019, 7-Eleven, Inc. alcoholic beverage license;
#14-30000048, Manley and Shauna Anderson variance; and #14-27500018, Maldonado
Properties, Inc. alcoholic beverage license.
2.
Homeownership
Assistance Program State Housing Initiative Partnership Program Down Payment
Assistance Corrective Mortgage Deed, as shown on page ________, Emad Beniamin
and Eman Gerges.
3.
Homeownership
Assistance Program State Housing Initiative Partnership Program Rehabilitation
Assistance Corrective Mortgage Deed, as shown on page ________, Elizabeth
Montgomery-West.
4.
Homeownership
Assistance Program Corrective Mortgage Deed, as shown on page ________, Mary
Ann Reynolds.
5.
Second
Amendment, as shown on page ________, to IFB-601296-11.
6.
Amendment
#2, as shown on page ________, to PS-5160-04.
7.
Amendment
#1, as shown on page ________, to Work Order #6 to PS-8072-12.
8.
First
Amendment, as shown on page ________, to IFB-600907-10.
9.
Amendment
#1, as shown on page ________, to Work Order #1 to PS-8146-12.
10.
Amendment
#1, as shown on page ________, to Work Order #18 to PS-5438-10.
11.
Amendment
#2, as shown on page ________, to Work Order #105 to PS-5120-02.
12.
Division
of Emergency Management Federally-Funded Sub-Grant, as shown on page ________, for
interoperable communications system, as approved by the BCC on November 19,
2013.
13.
Tennis
Developmental Instructor Agreements, as shown on page ________, for Jennifer
Fernandez, Julie Ann Fernandez, and Kimberly Gehr.
14.
Contract,
as shown on page ________, for Services for Christopher Suto.
15.
Special
Purpose Financial Statements, as shown on page ________, for the Water and
Sewer and Solid Waste Funds for Fiscal Years ended September 30, 2012 and 2013.
16.
Third
Amendment, as shown on page ________, to RFP-600932-10.
17.
Fourth
Amendment, as shown on page ________, to RFP-CS01-12.
18.
Tennis
Developmental Instructor Agreement, as shown on page ________, for Adam J.
Fontana.
19.
SS-602024-14
Agreement, as shown on page ________, Manhattan College, for Update of the Lake
Jesup TMDL Water Quality Model.
20.
Recording
of Plat Sheet and Performance Bond #1019658, as shown on page ________, in the
amount of $381,468.42 for the project known as Silverleaf.
21.
Title
Opinion and Performance Bond #0182849, as shown on page ________, in the amount of $281,769.49 for the project
known as Lake Markham Landings.
22.
First
Amendment, as shown on page ________, to RFP-601745-13.
23.
Amendment
#3, as shown on page ________, to Work Order #4 to RFP-CS01-12.
24.
Amendment
#4, as shown on page ________, to Work Order #4 to PS-6487-11.
25.
Amendment
#2, as shown on page ________, to Work Order #2 to PS-4202-09.
26.
Amendment
#4, as shown on page ________, to Work Order #31 to PS-4388-09.
27.
Change
Order #8, as shown on page ________, to Work Order #2 to RFQ-5888-10.
28.
Letters
to Pamela Nabors, CareerSource Central Florida, re: BCC appointing Wendy Brandon and Nicole
Guillet to the CareerSource Central Florida Board of Directors.
29.
Work
Order #70, as shown on page ________, to PS-4388-09.
30.
Work
Order #18, as shown on page ________, to PS-8047-12.
31.
Amendment
#3, as shown on page ________, to Work Order #16 to PS-5438-10.
32.
Memorandum,
as shown on page ________, to Nicole Guillet, Acting County Manager, from Alan
Harris, Emergency Manager, relating to Request for Work Order Extension – Baker
Barrios/School Shelter Retrofit Grant Project (Work Order #11 to RFP-4736-09).
33.
Amendment
#1, as shown on page ________, to Work Order #97 to PS-1529-06.
34.
Second
Amendment, as shown on page ________, to RFP-601745-13.
35.
First
Amendment, as shown on page ________, to RFP-600906-10.
36.
Amendment
#1, as shown on page ________, to IFB-601852-13.
37.
Development
Order #13-20500022, as shown on page ________, for Zimmer Parcel Land Use Amendment
and Rezone, as approved by the BCC on February 11, 2014.
38.
Ordinance
#2014-11, as shown on page ________, Zimmer Parcel Land Use Amendment, as
approved by the BCC on February 11, 2014.
39.
Ordinance
#2014-12, as shown on page ________, Zimmer Parcel Rezone, as approved by the
BCC on February 11, 2014.
40.
Title
Certification, as shown on page ________, for Markham Reserve.
41.
Amendments,
as shown on page ________, to the Conditional Utility Agreements, CWS-Oviedo
Development LLC, for water and sewer service for the project known as CA Stone
PCD – Rock & Brews.
42.
First
Amendment, as shown on page ________, to IFB-601296-11.
43.
Work
Order #19, as shown on page ________, to PS-8047-12.
44.
Change
Order #7, as shown on page ________, to RFP-7760-12.
45.
Parks Contracts,
as shown on page ________, for Services for Julie Silvers, Michael Luffler,
Terri Oliver, and Heather Walton.
46.
Tennis
Developmental Instructor Agreement, as shown on page ________, for Julie
Silvers.
47.
Amendment
#4, as shown on page ________, to Work Order #1 to RFP-5706-10.
48.
Change
Orders #1 and #2, as shown on page ________, to CC-8898-13.
49.
Amendment
#3, as shown on page ________, to Work Order #45 to PS-4388-09.
50.
Amendment
#5, as shown on page ________, to Work Order #4 to PS-5107-01.
51.
Change
Order #1, as shown on page ________, to Work Order #15 to CC-8199-12.
52.
Work
Order #10, as shown on page ________, to PS-7643-12.
53.
Work
Order #54, as shown on page ________, to RFP-8312-12.
54.
Closeouts,
as shown on page ________, for CC-8458-13, CC-9035-13, and CC-8460-13.
55.
Amendment
#1, as shown on page ________, to IFB-600654-09.
56.
Work
Order #12, as shown on page ________, to RFP-5847-10.
57.
Work
Order #68, as shown on page ________, to PS-3914-08.
58.
Amendment
#7, as shown on page ________, to M-232-05.
59.
Amendment
#2, as shown on page ________, to RFP-8832-13.
60.
Amendment
#6, as shown on page ________, to IFB-601516-12.
61.
Work
Orders #1 and #2, as shown on page ________, to CC-9192-13.
62.
Work
Order #1, as shown on page ________, to CC-9184-13.
63.
Change
Order #5, as shown on page ________, to CC-8501-13.
64.
Amendment
#1, as shown on page ________, to Work Order #66 to RFP-5465-10.
65.
Change
Order #4, as shown on page ________, to CC-8159-12.
66.
Bids as
follows: RFQ-602011-14; CC-9353-14;
RFP-602012-14; IFB-601988-14; and IFB-601989-14.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded by
Commissioner Horan to authorize and approve the following:
SHERIFF’S OFFICE
42. Approval of the
Budget Amendment Resolution #2014-R-147, as shown on page ________, (BAR)
#14-097 to transfer budget from operating to capital equipment for the proper
accounting of $176,659 of security cameras for the Sheriff's Office.
43. Approval of the Budget Amendment
Resolution #2014-R-148, as shown on page ________, (BAR) #14-099 recognizing
($1,152,068) in FY 2014/15 Department of Children and Families Services
revenues and correspondingly increasing the Sheriff’s FY 2013/14 operating
budget by an equivalent amount.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Pamela Lynch, Economic Development Program
Manager, addressed the Board to present request to approve the Jobs Growth
Incentive (JGI) Funding Agreement between Seminole County and BookThatDoc.com,
providing an economic development incentive in the amount of $40,000 for the
creation of 40 jobs. She stated
BookThatDoc.com is a medical software company that provides free of charge
on-line solutions for patients seeking medical providers and to book
appointments. BookThatDoc.com generates
revenues through subscription sales to medical providers. She reviewed the projected growth plans, the
amount of jobs that the project will create, and the capital investment. The City of Altamonte Springs does not wish
to participate in the JGI. Staff
recommends approval of the request.
Commissioner Henley stated he feels that this
proposal will benefit the doctors more than the citizens. He said he received information that 123
doctors have signed up but doesn’t recall seeing how many of the doctors are in
Seminole County. He stated he doesn’t
believe this request will be the best use for this money; therefore, he will be
voting against this item. Ms. Lynch
stated there will be 65 doctors from Seminole County participating in the
program.
Commissioner Carey stated she was
disappointed that Altamonte Springs is not participating in this program. She stated she doesn’t have a problem
supporting this as jobs in the medical industry are important. She concluded she would only support a
maximum of $30,000. Commissioner Horan
stated he would support $30,000 as the total incentive.
Commissioner Constantine stated he would be
in favor of this if the money was distributed as the jobs are created. He said he always had concerns providing
money up front and hoping that the jobs are created.
Ms. Lynch stated typically the JGI is paid
upfront to the business owners. She said
she believes the firm prefers having the money upfront as opposed to when the
jobs are created. Commissioner Carey
stated they have security for the performance through a surety bond or letter
of credit, and if they don’t perform, the County has the ability to recapture
the funds.
Tracy Turk, Metro Orlando Economic
Development Commission, addressed the Board to state the typical funding for 40
jobs is $2000 per job, a total of $80,000.
Discussion ensued. Commissioner
Horan stated he is comfortable with the $30,000 as long as it is secured by a
letter of credit or a performance bond.
He stated all of the job growth incentives are secured either because
they are not paid until there is proof of the job creation or if there is a
failure on behalf of the recipient to use the money and create the jobs. Then that obligation is secured by a
performance bond or letter of credit so that the County can get their money
back.
At the request of Commissioner Carey, Ms.
Lynch explained what happens with the performance security if the firm only
creates half of the jobs. Commissioner
Constantine stated from a philosophical basis, it gives firms another incentive
if they create the jobs before they are paid.
He added he feels that is the better way to go.
Commissioner Henley stated this company has
been in business for about three years and he does not know their financial
stability. He said it appears that the
company charges a fee for the doctors to be listed on their website and he is
not comfortable with this.
Commissioner Horan stated the JGI has two
programs; one is for smaller companies that need money for the creation, and
the other is for larger companies that go ahead and perform and then they are paid
the incentive. If the Board is going to
change the rules, then they need to change the program. He stated he doesn’t think the Board should
change the rules of a program after they already promulgated it to the public
and business community. He stated the
Board needs to schedule something if they want to change the rules because it
wouldn’t be fair to all the applicants by doing it on this particular
application.
Motion
by Commissioner Carey, seconded by Commissioner Horan to approve the Jobs
Growth Incentive (JGI) Funding Agreement between Seminole County and
BookThatDoc.com, providing an economic development incentive in the amount of $30,000
for the creation of 40 jobs, as long as the conditions are met and the security
is in place.
Under discussion, David Leavitt stated this
is clearly a case of a company taking advantage of what they perceive as a
taxpayer-funded, corporate-welfare package as low-hanging fruit just for the
asking. He requested that the applicant
remove their application request. He
said he would like to know if the company really needs the money or whether
they are just taking advantage of taxpayer-funded welfare. He added he would like to know what happens
if the company goes out of business between now and then. He recommended getting rid of the program.
Districts 1, 2, and 5 voted AYE.
Commissioners Henley and Constantine voted
NAY.
-------
Request to
approve a Resolution implementing Budget Amendment
Request (BAR) #14-096 in the amount of $250,000 through the Economic
Development Fund to appropriate funding for approved Job Growth Incentive (JGI)
grant awards with Sorkin's Rx Ltd. in the amount of $500,000 ($250,000 to be provided
by the City of Lake Mary), and for BookThatDoc.com in the amount of $40,000,
and to cancel funding previously allocated for the IZON, LLC JGI grant awarded
on 9/10/13 in the amount of $400,000; with the modification increasing the
operating contingency to $120,000, was presented.
Joe
Pennisi, Resource Management Director, addressed the Board to state the current
BAR is structured to bring in money for Lake Mary’s incentive for Sorkin’s Rx
Ltd., deobligates $400,000 that was previously approved for IZON LLC, $40,000
for BookThatDoc, and move $110,000 to contingency. It could be amended to reduce BookThatDoc
appropriation to $30,000 and increase the contingency amount to $120,000.
Motion
by Commissioner Carey, seconded by Commissioner Horan to approve
and authorize the Chairman to execute appropriate Resolution #2014-R-144, as
shown on page _________, implementing Budget Amendment Request (BAR) #14-096 in
the amount of $250,000 through the Economic Development Fund to appropriate
funding for approved Job Growth Incentive (JGI) grant awards with Sorkin's Rx
Ltd. in the amount of $500,000 ($250,000 to be provided by the City of Lake
Mary), and for BookThatDoc.com in the amount of $30,000, and to cancel funding
previously allocated for the IZON, LLC JGI grant awarded on 9/10/13 in the amount
of $400,000; with the modification increasing the operating contingency to
$120,000, as amended.
Under discussion and upon inquiry by
Commissioner Henley, Commissioner Carey advised staff confirmed with IZON LLC
that their project is no longer active.
Commissioner Henley stated he doesn’t have a problem with IZON LLC
refusing to accept the money, but he wanted to be clear on the items that the
Board is approving.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Constantine left the meeting
at this time.
Paula Halleck, Development Services,
addressed the Board to present request to reduce the Code Enforcement Board
lien from $16,050 to $0.00 for Case #13-127-CEB on property located at 110
Anchor Road, Casselberry, Tax Parcel #18-21-30-501-0600-0050, Iglesia de Dios Pentecostal
Movimento International, Inc. She
reviewed the timeline of the violation as outlined in the agenda
memorandum. Staff recommends that the
Board grant a reduction of the request from $16,050 to the administrative costs
of $521.81.
Commissioner Constantine reentered the
meeting.
Upon inquiry by Commissioner Carey, Mr.
Luis Rincon, President of the Pentecostal Church of God, addressed the Board to
state he does have a signed, written agreement with a lawn company to provide
maintenance service.
No one spoke in support or in opposition.
Motion
by Commissioner Henley, seconded by Commissioner Horan to approve a reduction
to the Code Enforcement Board lien from $16,050 to the administrative costs of $521.81
for Case #13-127-CEB, on property located at 110 Anchor Road, Casselberry, Tax
Parcel #18-21-30-501-0600-0050, Iglesia de Dios Pentecostal Movimento
International, Inc.; require that the reduced amount be paid within 30 days or
the lien will revert to its original total amount of $16,050; and authorize the
Chairman to execute the Release of Lien, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Halleck presented request to reduce the
Code Enforcement Board Lien from $12,900 to $488.21, for Case #10-149-CEB on
property located at 714 Arnold Street, Altamonte Springs, Tax Parcel
#11-21-29-300-009B-0000, U.S. Bank NA, TR, (current owner). She reviewed the timeline of the violation as
outlined in the agenda memorandum. Staff
recommends denying the request.
Carolyn Moriarty, Broker for Remax,
addressed the Board to state they are under contract and she delayed the
closing on this property. She stated she
maintained the property as soon as it came to her attention, and she went above
and beyond making sure that it was done correctly.
No one spoke in support or in opposition.
Commissioner Carey stated this issue isn’t
about the performance of the real estate company but with the banks being aware
that they do not deal with their homes in the community. The bank could have resolved this problem
long before it became an issue.
Ms. Moriarty stated the first foreclosure
was not done properly and they had to reforeclose on the property due to an
additional lot being included in the legal description. She added she is pretty prominent in the
industry for bank-owned properties and for bringing all of them into
compliance.
Upon inquiry by Commissioner Carey,
Maryanne Morse, Clerk of Circuit Court, advised if there is an error in the
legal description, it is decided by the court.
The correct description would have to be refiled, it would go back to court,
and the court would ascertain whether or not to sign the final judgment. If the final judgment is signed, then that would
give the Clerk’s Office authorization to put that property up for sale.
Motion
by Commissioner Constantine, seconded by Commissioner Carey to deny a reduction
to the Code Enforcement Board Lien from $12,900 to $0.00 or to any other amount,
for Case #10-149-CEB on property located at 714 Arnold Street, Altamonte
Springs, Tax Parcel #11-21-29-300-009B-0000, previously owned by Leigh A. &
David Dudley and Jim & Heidi Dudley, and currently owned by U.S. Bank NA,
TR.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Halleck presented request to reduce the
Code Enforcement Lien from $94,250 to the administrative costs of $552.54, for
Case #13-74-CEB on property located at 4522 Weeping Willow Circle, Casselberry,
Tax Parcel #14-21-30-509-0000-1220, Rafael F. & R. F. Vega, personal
representatives for the Estate of Maria L. Vega-Molina (previous owner), Rafael
L. Gigueroa-Vega (current owner). She
reviewed the timeline of the violation as outlined in the agenda
memorandum. Staff recommends approval of
the request.
Rafael Figueroa-Vega, applicant, addressed
the Board to state prior to today’s meeting, he requested various continuances
from the Code Enforcement Board as he was unable to attend the meetings. He asked the BCC to take that into
consideration.
No one spoke in support or in opposition.
District Commissioner Dallari recommended
reducing the lien to the administrative cost of $552.54 per staff
recommendations.
Motion
by Commissioner Horan, seconded by Commissioner Carey to approve the reduction
of the Code Enforcement Lien from $94,250 to the administrative costs of
$552.54, for Case #13-74-CEB on property located at 4522 Weeping Willow Circle,
Casselberry, Tax Parcel #14-21-30-509-0000-1220, Rafael F. & R. F. Vega, personal
representatives for the Estate of Maria L. Vega-Molina (previous owner), Rafael
L. Gigueroa-Vega (current owner); require this reduced amount to be paid within
30 days or the lien will revert to its original amount of $94,250; and
authorize the Chairman to execute the Release of Lien, as shown on page
________.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Joe Pennisi, Resource Management Director,
presented the request to approve the tentative millage rates to be included on
Truth in Millage (TRIM) notifications and to set the date, time and place for
the First Public Hearing to adopt the Fiscal Year 2014/2015 County Budget. He reviewed the TRIM process requirements,
the proposed budget, and the TRIM millage rates as outlined in the agenda
memorandum.
No one spoke in support or in opposition.
Motion
by Commissioner Carey, seconded by Commissioner Henley to approve the tentative
millage rates to be included on Truth in Millage (TRIM) notifications; and
authorize staff to schedule the first public hearing for adoption of the
tentative budget for FY 2014/2015 on September 10, 2015 at 7:00 p.m., and the
second public hearing to adopt the final millage levy and budget for FY 2014/2015
on September 23, 2014 at 7:00 p.m.
Under discussion, Commissioner Carey
reminded the Board that they cannot increase the TRIM rates but can lower them
during the public hearings.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND
STAFF BRIEFINGS
Joe Forte, Deputy County Manager, stated the
second budget work session is scheduled for August 21, 2014. He stated he needs to establish a first
budget work session date.
Upon inquiry by Chairman Dallari, Mr. Forte
stated they will revisit this during today’s afternoon session.
-------
Mr. Forte advised Reverend Samuel Duncan
had concerns with Item #10, Approve the CDBG Program, and he will provide him
with a copy of the agenda.
COUNTY ATTORNEY
BRIEFING
No Report.
-------
Chairman Dallari advised the Community
Redevelopment Agency work session scheduled for this morning will be held after
the public hearings this afternoon.
-------
Chairman
Dallari recessed the meeting at 12:05 p.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Clerk of Court and
Comptroller Maryanne Morse who was replaced by Chief Deputy Clerk Bruce
McMenemy, and Deputy Clerk Eva Roach 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 Henley, 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
RESOLUTION VACATING
RIGHT-OF-WAY/
The Master’s Academy
Proof of publication, as shown on page
________, calling for a public hearing to consider approval of a Resolution
vacating and abandoning the unnamed platted 30-foot public right-of-way,
including the south 10 feet of Lot 33 and including the north 10 feet of Lot
32, lying between Lukas Lane and North SR 417, as recorded in Plat Book 2, Page
71, in the Public Records of Seminole County, Florida, located approximately
1,300 feet north of Slavia Road, Oviedo, The Master’s Academy, received and
filed.
Denny
Gibbs, Development Services, addressed the Board to advise that staff requests
the item be continued to the August 12, 2014 Board meeting. District Commissioner Dallari recommended
same to the Board.
No one spoke in support or in
opposition of the continuance.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to continue to August 12,
2014 at 1:30 p.m. or as soon thereafter as possible, the request to approve a
Resolution vacating and abandoning the unnamed platted 30-foot public
right-of-way, including the south 10 feet of Lot 33 and including the north 10
feet of Lot 32, lying between Lukas Lane and North SR 417, as recorded in Plat
Book 2, Page 71, in the Public Records of Seminole County, Florida, located
approximately 1,300 feet north of Slavia Road, as described in the proof of
publication; The Master’s Academy.
Districts 1, 2, 3, 4 and 5 voted
AYE.
RESOLUTION VACATING
RIGHT-OF-WAY/
John Rumbley and Mary Chase
Trustee
Proof of
publication, as shown on page _______, calling for a public hearing to consider
approval of a Resolution vacating and abandoning the Howard Street 60-foot
public right-of-way, along with a 15-foot unnamed alley lying between Michigan
Avenue and Packard Avenue, as recorded on the Map of Cameron, Plat Book 1, Page
90, in the Public Records of Seminole County, Florida, located approximately
475 feet south of Kentucky Street, Sanford, John Rumbley and Mary Chase,
Trustee, received and filed.
Ms. Gibbs
presented the request as outlined in the agenda memorandum. She advised that staff recommends approval.
Charlie
Skelton, 5417 Rocking Horse Road, addressed the Board to state he is the owner
of the adjacent properties. He said it
is premature to vacate the right-of-ways at this point in time because it is an
active subdivision. He said this would
limit access and use of his property because he has four lots to the north and
two lots to the west of the subject property.
He added that some of his neighbors also have concerns that this will
limit access and the free use of their property.
Commissioner
Carey requested that Mr. Skelton point out where his parcels are located on the
map from the agenda memorandum and confirmed same with Ms. Gibbs. She stated that she did not see how this
vacate would impact access to his property.
Bart
Peterson, realtor on behalf of the applicants, addressed the Board to state
that the owner of the subject property approached him regarding the sale of
these lots and that the vacation of the street and alley will give the owner
two conforming lots.
Commissioner
Carey confirmed that Michigan Avenue is currently a paved road on the east side
of the lots. She said the request to
vacate the small section of Howard Street and the alleys has no impact on
anybody other than the owner of the subject property. Ms. Gibbs advised that the street is Packard
Avenue.
No one
else spoke in support or in opposition.
Speaker
Request Form was received and filed.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to approve appropriate Resolution #2014-R-149, as shown on page
_______, vacating and abandoning the Howard Street 60-foot public right-of-way,
along with a 15-foot unnamed alley lying between Michigan Avenue and Packard
Avenue, as recorded on the Map of Cameron, Plat Book 1, Page 90, in the Public
Records of Seminole County, Florida, located approximately 475 feet south of
Kentucky Street, Sanford, as described in the proof of publication; John Rumbley and Mary Chase, Trustee.
Districts
1, 2, 3, 4 and 5 voted AYE.
RED BUG LAKE
ROAD SMALL SCALE LAND USE
AMENDMENT
AND REZONE/David Allen
Proof of publication, as shown on page
_______, calling for a public hearing to consider adoption of an Ordinance
enacting a Small Scale Land Use Amendment from Low Density Residential to
Medium Density Residential, and an Ordinance enacting the associated Rezone
from A-1 (Agriculture) to RP (Residential Professional) for 0.18 acres located
on the north side of Red Bug Lake Road, one mile east of Tuskawilla Road, David
Allen,
received and filed.
Joy Giles, Development Services, presented
the request as outlined in the agenda memorandum. She advised that staff finds the request to
be consistent with the Comprehensive Plan and compatible with the surrounding
trend of development in the area and recommends approval. She added that the Planning & Zoning
(P&Z) Commission also recommended approval.
David Allen, applicant, addressed the Board
and advised he is the Civil Engineer on the project. He stated the property contains a small house
and it is isolated from the subdivision adjacent to it by a wall and wooden
fence. Also, there is a retention pond
to the eastern side. He advised the
house is 730 square feet and they anticipate having two small offices and a
reception area. He added they are
presently in discussion with an individual who would like to put a
single-person real estate office at the location. The homeowners’ association was at the
P&Z Commission meeting and had no objections at that time.
No one spoke in support
or in opposition.
Motion
by Commissioner Horan, seconded by Commissioner Constantine, to adopt Ordinance
#2014-32, as shown on page _______, enacting a Small Scale Land Use Amendment
from Low Density Residential to Medium Density Residential, and associated
Ordinance #2014-31, as shown on page _______, enacting a Rezone of the subject
property from A-1 (Agriculture) to RP (Residential Professional), and to
approve the associated Development Order, as shown on page _______, for 0.18
acres located on the north side of Red Bug Lake Road, one mile east of
Tuskawilla Road, as described in the proof of publication; David Allen.
Districts 1, 2, 3, 4
and 5 voted AYE.
CONNECTION POINT
(2591) REZONE/
Florio
Properties, LLC
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of an
Ordinance enacting a Rezone from A-1 (Agriculture) to C-3 (General Commercial
& Wholesale) for 5.22 acres, located on the north side of Connection Point,
west of SR 426; Florio Properties, LLC; received and filed.
Ms. Giles presented the request as outlined in the agenda
memorandum. She advised that staff finds
the request to be compatible with the surrounding trend of development in the
area and consistent with the Comprehensive Plan. She added that the P&Z Commission
recommended approval of the request and staff also recommends approval.
Nick Florio, applicant, addressed the Board to advise he wants
to build two 10,000-square-foot office warehouses. He said he runs a landscaping business from a
utility building currently located there and has been in business for 14
years. He would like to develop the
property and have similar businesses, i.e. plumbers and electricians, lease
space there.
No one spoke in support
or in opposition.
District Commissioner
Dallari recommended approval of the request per staff’s recommendation.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to adopt Ordinance #2014-33, as shown on page _______,
enacting a Rezone from A-1 (Agriculture) to C-3 (General Commercial &
Wholesale) for 5.22 acres, located on the north side of Connection Point, west
of SR 426, as described in the proof of publication; Florio Properties, LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
OLD LOCKWOOD
ROAD PD/
Chris
Dorworth
Brian Walker,
Development Services, addressed the Board to advise that the request to adopt an
Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development)
for 10.10 acres located on the east side of Old Lockwood Road, approximately
500 feet north of Red Ember Road, more particularly known as 3151 Old Lockwood
Road, Oviedo, Chris Dorworth, was not advertised for today’s meeting. The request will be advertised for the August
12th BCC meeting. Chairman
Dallari confirmed staff requests the item be withdrawn from the agenda.
ORDINANCE
AMENDING CHAPTER 72/
Seminole
County
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of an
Ordinance amending Chapter 72, Emergency Management, of the Seminole County
Code to clarify and modify language, Seminole County, received and filed.
Bryant Applegate,
County Attorney, advised that this year he decided to represent the office on
any emergency management procedures and he wanted to do some housekeeping to
Chapter 72, the Emergency Management Ordinance.
He advised the current title is “Comprehensive Emergency Management
Plan” and they would like to change that to “Emergency Management Powers and
Procedures” since there is a separate emergency management plan that they are
also addressing in the Ordinance. He
added there are a few other small items to be changed and they are listed in
the agenda memorandum.
No one spoke in support
or in opposition.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance
#2014-25, as shown on page _______, amending Chapter 72, Emergency Management,
of the Seminole County Code to clarify and modify language, as described in the
proof of publication, Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
SIPES AVENUE MAINTENANCE
MAP/
Seminole County
Proof of publication, as shown on page
________, calling for a public hearing to consider approval of a Resolution and
Maintenance Map for Sipes Avenue from Pine Way to East Lake Mary Boulevard, located
in Section 16, Township 20, South, Range 31 East, Seminole County, providing
that the right-of-way as depicted on the map is vested in Seminole County and
for the map to be filed with the Clerk of the Circuit Court, Seminole County,
received and filed.
Antoine
Khoury, Public Works Director, addressed the Board to present the request. He displayed a map from the agenda memorandum
and stated the subject area has been continuously and uninterruptedly
maintained for more than seven years as stated in Section 95.361 F.S. He advised the map shows the maintenance
limits for the undocumented right-of-way for the roadway.
Mr. Khoury
stated that staff recommends approval of the Resolution and Maintenance Map for
Sipes Avenue from Pine Way to East Lake Mary Boulevard as depicted on the map
and requests the map be filed with the Clerk of the Circuit Court.
Upon
inquiry by Commissioner Carey, Mr. Khoury stated the right-of-way that the
County owns ends before Pine Way. He
confirmed that the stretch of road to Pine Way has no dedicated right-of-way;
it is undocumented. Commissioner Carey
stated that both properties on the east and west go to the center line of the
road at this time and Mr. Khoury agreed.
Commissioner Carey said her concern is if they don’t own the
right-of-way and they have just been maintaining it to the benefit of the
people that live there and somebody went out there and paved the road, the
County still wouldn’t own the right-of-way at the time of this Maintenance Map. Mr. Khoury confirmed that it would just give
the County the right to continue to maintain it.
Kevin
Spolski, on behalf of neighbors in the area, addressed the Board to state that
over 40 neighbors signed a Petition, as shown on page _______, in
opposition. He distributed a copy of his
presentation, received and filed, to the Board.
He said he has met with County staff for the past three months advising
that the neighbors have maintained the area, and yet on June 10 at the last
meeting, they tried to implement a survey, which he displayed, that is
illegible. He stated the critical items
on there are illegible and they have no idea of where the right-of-way is
supposed to be. He displayed Roads –
Stormwater Work Orders and said the County submitted 154 pages showing stormwater
work orders, and in 12 years of work orders, only 19 pages apply to the South
Sipes Avenue area where they want to do a Maintenance Map. He added there are no dimensions noted and no
distances from the edge of pavement indicated anywhere on the document.
Mr.
Spolski displayed and discussed a photo depicting station points that are
maintained by the property owner. He
stated there is no mapping there of any maintenance other than the County
re-mowing over what is already being mowed by six property owners on the east
side.
Mr.
Spolski displayed a legible copy of the survey and said he combined the
two: the one from June 10 and the one
currently shown. He showed that 1,255
feet was eliminated from the map that was used on June 10. He stated that the BCC is not approving
anything today; the County is going to mow Brenthurst property for the
neighbors and there is no taking of right-of-way with what the July 22 survey
map shows. He said there are 43 station
points shown and out of that, 35 of them are incorrect. He displayed a photo of station points on the
northeast corner of Brenthurst and said the County is obviously not maintaining
it because the weeds on the photo are 6 feet to 10 feet tall.
Mr.
Spolski indicated that he was upset that this item even came before the
Board. He stated they have done three
maintenance mappings in the history of Seminole County and feels this is
nothing more than a ploy by a developer trying to get access for utilities and
that it is wrong. He was glad that the
BCC had the foresight to make this transparent to the public because this makes
no sense.
Mark
Miller, 3835 Sipes Avenue, addressed the Board to state that the well to his
water is right there and if the County takes the entire plot of land from his grandmother’s
property, they will not have any water.
He said there are three people living on the property and he doesn’t
believe the County will drill him another well.
Randy
Morris, 2438 Via Sienna, addressed the Board to state that the process by which
the Maintenance Map has been brought to the Board is administered by the
County. He said he has not even spoken
to staff on this subject and that their engineer has tried to work with staff
regarding what the right-of-way is to get access. He added that there is the same problem
running on the south side of East Lake Mary Boulevard all the way to SR 415 and
on SR 46, an unincorporated area east of Midway.
Mr. Morris
said that a couple of things were just said relative to what right-of-way
currently exists out there. He stated he
is speaking in favor of the staff’s application to the BCC and that this is not
a developer’s application.
Luke
Classon, IBI Engineer, addressed the Board to state it had been mentioned that
there was no right-of-way adjacent to the subject property. He said there is actually 15 feet of
right-of-way all the way down to Pine Way.
He added the developer will be giving 25 feet total from the section
line as dedicated right-of-way.
Upon
inquiry by Commissioner Carey, Mr. Khoury explained that the ditch maintenance
limits are outside of the right-of-way which is what the County has been
maintaining.
Commissioner Carey said she will
not support this because there is some incorrect information and information
even staff has not understood to present properly to this Board. Taking it for a purpose that is not a public
purpose is not a good policy to set.
Upon Chairman Dallari’s request,
Mr. Khoury pointed out the red line indicating the undocumented right-of-way
that the County has been maintaining. He
then confirmed there is a 15-foot right-of-way, but that the maintenance is
outside the 15-foot right-of-way.
Commissioner Horan stated that as
he understands it there are certain portions of dedicated public right-of-way
up and down Sipes Avenue that have been dedicated by plat, but there is a
segment of Sipes Avenue where there exists no right-of-way because there has
been no dedication by plat. The only way
to figure out what the right-of-way is would be to resort to the Statute
because obviously there is pavement there and maintenance there. In that portion where there is no dedicated
right-of-way, there is, in fact, 15 feet of right-of-way. Commissioner Horan asked staff how that
happened.
Brett Blackadar, County Engineer,
stated that no matter what, they need additional maintenance outside of the 15
feet. It’s not that there is no
right-of-way, but they need to do a Maintenance Map.
Commissioner Horan confirmed with
the County Attorney that they cannot enlarge dedicated public right-of-way
through a Maintenance Map; they can only establish right-of-way by Maintenance
Map.
Commissioner Horan said he would
like to continue this matter until such time it is brought up and properly
noticed again and that he is glad they set this item for public hearing. He
added that he believes Legal, Engineering and Public Works need to take a look
and figure out what they are and are not allowed to do.
Thomas Gilmartin, 3835 Sipes
Avenue, addressed the Board to state that as far as the maintenance goes
between Brenthurst all the way up to East Lake Mary Boulevard, he would like to
see where the County is maintaining anything.
He said his grandmother mows the entire front of that property. There is a four-foot fall into a ditch on one
side and everyone else’s front yard on the other that is maintained by the
homeowners. The County does mow the
ditch but they do not mow any of their properties and haven’t done so since he
has lived there for almost 20 years. He
added the County may be there once every two or three months to mow the ditch.
Ron Boda, 3920 Sipes Avenue,
addressed the Board to state that he has been maintaining the mowing on both
sides of that road since he moved there three years ago and would like to get
some more information on what the maintenance is supposed to entail. He said if they have to give up more
property, they need to find out what it is for.
No one else spoke in support or in
opposition.
Speaker Request Forms and Written
Comment Forms were received and filed.
Commissioner Carey stated that as a
public policy issue, if you look at what the purpose of Maintenance Maps have
been used for in this County, they have been used very sparingly and they have
always been used for a public purpose.
The three times they have done this have been to the benefit of the
public school system. She opined that
this is just bad policy. She said she is
aware they have a situation in all of this community where there are old
farming roads and they are going to have to deal with this issue. However, if they want to go out to the end of
the road and develop as a developer, and they don’t have the ability to widen
the road to whatever it takes, then they need to work with the neighbors to get
there and that is the responsibility of the developer; it is not the
responsibility of this Board to use their powers through a maintenance-map
process. She stated she is not going to
support the taking of people’s property under a maintenance-map scenario.
Commissioner
Horan stated the Legislature sets the rules and the Statute says that you can
go ahead and do this, so he believes the public policy has already been
set. He opined there is a section of
right-of-way that has been maintained and they are just trying to connect up
the right-of-way so it makes some sense and the public records are clear so
everyone knows who owns what. His
concern is that he doesn’t have enough evidence in order to make a
determination under the Statute.
Motion by
Commissioner Horan to continue this matter to a time certain to be established
by a Notice of Public Hearing for a future date, request to consider a
Resolution and Maintenance Map for Sipes Avenue, Seminole County.
Chairman Dallari called for a
second to the motion, without response, whereupon the motion died for lack of same.
Commissioner Constantine stated
that he agrees with Commissioner Carey that there is no public policy needed
for this.
Motion by
Commissioner Constantine, seconded by Commissioner Carey, to deny approval of a
Resolution and Maintenance Map for Sipes Avenue from Pine Way to East Lake Mary
Boulevard, as described in the proof of publication, Seminole County.
Under discussion, Chairman Dallari
stated it is clear that the ditch is outside of the County’s right-of-way and
questioned whether it should be maintained because the County should not
maintain anything that is outside of its right-of-way. Mr. Khoury advised the problem is that the
ditch on the west side is a conveyance ditch and it takes water from somewhere
else, not just the roadway. He said it
is a deep ditch and it ends up down at Navy Canal.
Mr. Applegate advised the County
has been doing the maintenance as a matter of practice for a reason, but the
Board can make the argument that if it is not theirs, they do not maintain it.
Commissioner Carey advised that the
ditches not only convey stormwater from Lake Mary Boulevard, but also from SR
46 and that Navy Canal was dug as a part of that by the State in order to
convey the waters. She said they
certainly ought to be maintaining the ditch.
Discussion ensued regarding the maintenance of the ditch.
Mr. Applegate advised that the
Statute is a very simple Statute but the Board is certainly free to determine
the best local public policy.
Commissioner Carey stated that since they have a lot of them coming up
in the future, it may be a good thing to look at a policy going forward.
Commissioner Henley opined the best
course of action would be to deny the approval.
Districts 3, 4 and 5 voted AYE.
Commissioners Dallari and Horan voted NAY.
Chairman Dallari recessed the meeting at 2:40 p.m. and
reconvened at 2:50 p.m.
BRENTHURST LARGE SCALE FLU AMENDMENT
AND REZONE/IBI Group
Proof of publication, as shown on page
________, calling for a public hearing to consider adoption of an Ordinance
enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to
Low Density Residential and an Ordinance enacting the associated Rezone from
A-1 (Agriculture) to R-1A (Single-Family Dwelling) district for 39.29 acres for
property located on the northeast corner of Sipes Avenue and Pine Way, IBI
Group, received and filed.
Kathy
Hammel, Development Services, addressed the Board to present the request as
outlined in the agenda memorandum. She
stated that this is the final adoption hearing and that the BCC transmitted
this request to the Department of Economic Opportunities (DEO). The comments have been received back from the
DEO and other state agencies (copies received and filed), and there are no
objections from the State. She added
that she is submitting into the record two letters (received and filed) in
opposition that were received this morning.
Ms. Hammel
advised the rezone of the property from A-1 for R-1A is consistent with the
development trend that has been established especially from the City of Sanford
who has approved over 900 residential lots.
There is also a development located on the northeast side, Kentucky
Square, which has 69 lots. Ms. Hammel stated
that staff recommends approval.
Randy
Morris, applicant, addressed the Board to advise he is submitting for the
record the Preliminary Subdivision Plan for Brenthurst Subdivision (received
and filed) that relates directly to this Rezone and the Comprehensive Plan
change.
Mr. Morris
advised there is unanimous approval from the Planning and Zoning Commission
(P&Z) and they have a strong staff recommendation covering each aspect of
the Comprehensive Plan as it relates to their request and application.
Mr. Morris
displayed a PowerPoint presentation (received and filed) and showed an aerial
map. He said the Interlocal Agreement
with the City of Sanford declares there is one-acre zoning which would be the
transition zoning between their property and the lake that is determined by
Pine Way and this sets the buffer that Commissioner Carey referred to at the
transmittal hearing.
Mr. Morris
showed the Future Land Use Map and said they can see the development trend that
runs from the west to the east, where the City of Sanford has chosen to
annex. He also pointed out the
development trends to the south and eastern portion of Lake Mary
Boulevard. He showed the same trend on
the Zoning Map slide. He said under
Commissioner Horan’s request, the BCC will be debating in future months
regarding getting services to these properties.
He then discussed the Rural Boundary Map. He addressed Commissioner Constantine’s
previous concerns that he felt there was spot zoning immediately to the east of
the property. Mr. Morris emphasized that
this is not spot zoning because already established to the east is a
residential development the BCC approved some years ago. He added the entire HIP (High Intensity
Planned) district is established to the north.
He pointed out that the property on the other side of Kevin Spolski’s
property is a residential area which is much higher density than what they are
proposing.
Mr. Morris
displayed and discussed The Strategic Plan for Economic Development in Seminole
County and a map of the Economic Development Target Areas. He then discussed the Adjacent Approved
Residential Developments. He stated
their property is the least intense of everything just discussed and they are
clearly not spot zoning. He added the
County has invested huge sums of money to develop this area.
Mr. Morris
displayed site plans for Kentucky Square and Brenthurst stating that the BCC
had approved Kentucky Square at a higher density than what they are asking
for. He said they are willing to offer
on the record and are committed to the lot size proposed and the number of
lots. He discussed the Comparison Chart
between Kentucky Square and Brenthurst.
He then showed pictorials of Home Model Renderings showing the square
footage of the homes.
Mr. Morris
stated that during the transmittal hearing, citizens stated there would be an
economic impact issue in terms of their home values. He stated they cannot find proof anywhere
that a subdivision devalues land next to it because they are on larger size
lots.
Mr. Morris
stated that now that they know it has been established and heard it established
that they do have 15 feet of right-of-way in front of their property, he would
like their engineer to address what they will be doing with the right-of-way.
Luke
Classon, IBI Engineering, addressed the Board and displayed a survey of the
area. He stated that from East Lake Mary
Boulevard on Sipes Avenue, the minimum right-of-way width is 40 feet up to the
corner of the subject property. He
pointed out that their property continues south to Pine Way. He said with the 15-foot existing
right-of-way and the 25 feet they would dedicate, they would maintain a minimum
of 40 feet the entire way, from East Lake Mary Boulevard until it curves into
Pine Way. Commissioner Carey confirmed
that the 15-foot right-of-way is on the west side of the section line so that
their dedication of 25 feet is because there is none on the side of the roadway
next to the subject property.
Mr. Morris
stated in regard to the issue of them doing a straight zoning versus a planned
development (PD), they have no variances and no exceptions, so they went
forward with straight zoning because it was a clean proposal and one that
fulfilled the Comp Plan and the Land Development Code. They did not want to go through a three-month
public process, so they are making these commitments on the record and if the
BCC would like that in writing, they will do it any way that would give them
the greatest assurances that the density will not increase and that the lot
sizes will not decrease.
Upon
inquiry by Chairman Dallari, County Attorney Bryant Applegate advised that if
the conditions are voluntary and benefit the public at large, that is
acceptable. He added they could rezone
to a PD which is less restrictive than what was advertised. Commissioner Carey stated that it would
either be the creation of a development order or a condition of the straight
zoning approval.
Commissioner
Carey confirmed with Mr. Morris that he stated the minimum square footage home
will be 2,185 to 4,000 square feet and that the density would be 2.95 and they
would dedicate a minimum of 25 feet of right-of-way along Sipes Avenue. Mr. Morris said they would like to state that
the smallest minimum home size is 2,100 square feet.
Commissioner
Horan confirmed the voluntary conditions are of the minimum size of the homes,
maximum density, and the minimum 25-foot right-of-way. He added that it is an important
consideration that there will be more open land that surrounds the subject
property since it is concentrated in a smaller area than a one-acre lot
pattern.
Bill
Simpson, on behalf of Liberty Christian School, addressed the Board to speak in
support of the item. He stated their
church and school have been an integral part of helping the community since
1973. He listed some great things the
school students have done to enrich the lives in the County and added the
students invest countless hours of community service every year.
Jonathan
Williams, 106 Sweet Gum Court, addressed the Board to share the story of
Thaddeus Avellino (copy of photo displayed received and filed) who was
homeless. After receiving help from
their church, he has a steady job and has reconciled with his wife. He also shared Kim & Warren Bowers’ (copy
of photo displayed received and filed) success story. He opined that more success stories will come
to Seminole County because of the 76 additional homes that would be built due
to this project.
Pastor Ron
Williams, Palmetto Avenue Baptist Church, addressed the Board and stated that
four generations of his family live in Seminole County. He said 1,064 homes have already been
approved for Brisson Avenue and Kentucky Square, not counting this
project. He said the lots on the subject
property will be bigger and there are fewer homes per acre. He added that they are the largest landowner
on Sipes Avenue and they would be grateful to the BCC if they would approve the
rezoning.
Kevin
Spolski, on behalf of the neighborhood residents, distributed a document
(received and filed) entitled Reasons to Reject Brenthurst Large Scale Future
Land Use Amendment & Rezone and addressed the Board to discuss those bullet
points. He displayed a PowerPoint
presentation (received and filed) and stated he is in opposition to the 116
units that are planned. He opined that
four units per acre are not reasonable or feasible for this area.
Mr.
Spolski stated that the Kentucky Square project is a PD. It has the amenities listed: the percentage of open space, the roadways,
and they have everything in place. He
said the reason Sipes Avenue did not have to be modified for Kentucky Square
traffic is that everything was taken from Skyway which was formally known as
Beardall. Skyway is a 24-foot roadway
system. He discussed the Site Analysis
and said it had a transitional buffer between the large lot, single-family homes
to the south. He opined that the subject
property does not provide the same. He
discussed the subsequent developments that came after Autumn Chase, which are
all under two units per acre that the applicants referred to as the Myrtle
Avenue development corridor.
Mr.
Spolski displayed a slide showing the average house on the Sipes Avenue
properties at 3,500 square feet with an average lot size of 4.4 acres. He said the neighbors do not want 9,000-foot
lots when they are currently averaging over 190,000 feet per lot. He added that they are already
developed.
Mr.
Spolski compared the Home Models to the same models located at Lake Baton in
Deltona. He showed that the lot sizes in
Lake Baton were larger with some being almost three times the size; however,
the prices of the homes were significantly lower.
Mr.
Spolski stated he discussed Sipes Avenue with County staff, and it is a 16-foot
road that has to be improved. When this
maintenance mapping came in, they saw areas of 40 feet of right-of-way. He met with County engineering staff and said
that on the right-of-way, based upon the average daily traffic, they will
probably need a 24-foot roadway with 8-foot shoulders. He said that the only answer staff had to the
question whether it was possible to build the road needed was that the ditch
would have to be filled in and that both sides would need to be piped. There are 15 power poles that would have to
be moved.
Mr.
Spolski displayed a slide that was part of the public record submitted by the
applicant at the previous public hearing entitled Sipes Avenue Conceptual
Expansion and Utility Improvement Plan.
He said the document was never displayed at the hearing for transmittal
and County staff does not have a copy, but it is in the public records of the
Clerk’s Office.
Mr.
Spolski displayed a pictorial showing Sanford Trails Estates, the St. Johns
River conservation area to the north and the Lake Jesup conservation area to
the south. He said Sanford Trails has 46
acres and they are doing fine with A-1 zoning.
He opined they can do the same thing with Brenthurst that has 40
acres.
Mr.
Spolski advised that Mr. Morris stated during his presentation that the subject
property is in a high intensity area. He
displayed a map showing the Seminole County/City of Sanford Joint Planning Area
and advised that the property is on the corner of zones four and five and that
it is in a conservation area.
Mark
Miller, 3835 Sipes Avenue, addressed the Board to state that they are not
attacking the church that owns the subject property and that all of the good
the church has done, they can still do.
He said he has been a native of Sanford his entire life and pointed out
where he lives on Sipes Avenue. He said
the only people that have spoken in support of this project are the ones that
want to sell the property. He added this
is a mosquito, alligator and wild boar infested area.
Diane
Sorel, 2980 Pine Way, addressed the Board to state that her family lives across
the street from the subject property. She said she and her neighbors love the
tranquil area and they do not want to see another subdivision; there are so
many foreclosed homes already. She does
not think they should destroy God’s green earth for more cement and more
traffic. She said there is a hairpin
turn and people fly through there all the time and now there will be more
traffic. She also mentioned the wildlife
in their area.
Thomas
Gilmartin, 3835 Sipes Avenue, addressed the Board to state that with this
development, they will be pushing back all the gopher turtles and deer, and
they are infringing on major boar territory because he has seen at least
thirty. He said alligators, bear and
even Florida panthers live there also.
He said there is an eagle’s next not too far from the property.
Amber
Smith, 3835 Sipes Avenue, addressed the Board to state that she lived in the
city and moved out there four years ago.
She doesn’t have to worry about locking her car at night and by bringing
in more people, they will be bringing in more crime. She also mentioned the wildlife in the area
and that there are many foreclosed homes right up the road.
Betty
Denney, 3845 Sipes Avenue, addressed the Board to state she has lived on the
property for 50 years. She said they are
trying to widen the road which will put the road next to her front door.
Ron Boda,
3920 Sipes Avenue, addressed the Board to state that one issue that hasn’t been
brought up is that if you look at the north/south runway from Sanford, that
when they open it, which they do, it runs right over their homes. The flight school uses a flight pattern that
runs on their side of Lake Mary Boulevard, so there is continuous air
traffic. Also, he said the airboat
tourist service on the lake just about borders the subject property. He said there is a lot of noise with that
especially on the weekends and it is something to consider with that area.
No one
else spoke in support or in opposition.
Speaker
Request Forms and Written Comment Forms were received and filed.
Mr. Morris
presented his rebuttal to make some corrections and clarifications. He said the subject property is not in the
aviation impact zone area, because the impact zone runs east and west, not
north and south. Therefore, there is no
notification to homeowners about the airport being there, but people must drive
by the airport to get to the site. He
added that they had a company called Bio-Tech Consulting research this property
and there are no endangered or threatened species. He mentioned the argument brought up by Mr. Spolski
regarding Autumn Chase and said that Autumn Chase is on the other side of the
beltway. The primary road off of it is
Ronald Reagan. The issues there were
flooding and an adjacent development that had gone in. There were wetlands and all kinds of problems
on the site, which is why the densities were lowered. In regard to Mr. Spolski’s comparison of
Brenthurst with Kentucky Square, he said Brenthurst will have 15% open space
which is what a PD would require, which was required in Kentucky Square. They will have an active park area and deleted
two lots for that purpose, which is not required. In regard to one citizen’s concerns, he said
they will not be taking any right-of-way up to someone’s door. He added they have a commitment to the County
that they need to widen the roadway. At
some portions of the roadway, it is 16.5 feet and at other portions, it is 18
feet; they need to widen it to 20 feet and are committed to do that from beyond
their entrance all the way to Lake Mary Boulevard.
Commissioner
Constantine questioned how much wetland is on the property of 39 acres. Mr. Morris replied that the wetlands only
encompass 1/10 of an acre and that the pond was a created pond.
Mr. Morris
said that Mr. Spolski made a reference to a document showing three side-by-side
roadway elements. Mr. Morris explained
that it was in their presentation but they did not show that PowerPoint
slide. He said Mr. Classon, the
engineer, was unable to revise that PowerPoint because he was locked out of his
building, so it stayed on the record and that is why it was filed in Commission
Records. He apologized for any
information that was submitted into the record that they did not intend.
Commissioner
Carey stated during the transmittal hearing that she didn’t really have an
issue with the land use but she did have an issue with the density regardless
of what a prior Board said they thought this area should look like. She said this Board is currently looking at
everything from Lake Monroe to Lake Jesup, from SR 415 all the way back to
Sanford Avenue, to see how they transition from the heavy density that should
be around the airport down to those two water bodies. She said Kentucky Square was one where the
Board had that discussion and they said then that the line was Kentucky Avenue
for four units per acre and anything south of Kentucky Avenue would start to go
down until you get to Lake Jesup which should help the runoff issues. She asked Mr. Applegate if the straight
zoning application is considered with all of the evidence that has been given
and the voluntary commitments that the developer has made and that is a
condition of the approval, and then they later sell the property and somebody
comes in here and wants to do three and one-half units per acre, would that be
denied at the counter because of all the conditions that are put under the
straight zoning, to which Mr. Applegate replied that it would.
Mr. Applegate explained that
contract zoning or conditional zoning are laws that were developed to prevent
the “backroom deals” where things were done outside of the public. He said if the applicant makes voluntary
concessions that are in the public’s interest and these are not forced upon the
applicant, then that is part of the rezoning and the conditions of that rezoning.
Mr. Morris confirmed for
Commissioner Carey that they will commit to a minimum of 15% open space; a
minimum active park area of 18,000 square feet; and a minimum of 2,100
square-foot homes. Commissioner Carey
said with this zoning, the minimum lot size is 9,000, which would put the
density of this PSP (Preliminary Subdivision Plan) at 2.95. She further confirmed that they are going to
dedicate 25 feet of right-of-way along Sipes Avenue.
Upon
inquiry by Commissioner Carey, Ms. Hammel responded in regard to minimum
requirements for a Planned Development that the first thing would be the 15%
open space and staff would also have them commit to the density, the lot sizes
and setbacks, etc. Upon further inquiry,
Ms. Hammel advised the minimum lot size at the width of the building in
Kentucky Square is 70 feet and for the straight zoning, it is 75 feet. Also, the minimum lot size in Kentucky Square
is 7,500 and the straight zoning category requires 9,000 square feet.
Commissioner Carey questioned
whether there is anything additional the County would capture in a PD that they
are not getting with this voluntary commitment.
Mr. Morris advised they will voluntarily commit to the exact same thing
that was done in the PD at Kentucky Square, which is a masonry wall along the
frontage of the roadway on Sipes Avenue and fencing around the remaining
portions of the property.
Commissioner
Horan stated the summary information on the Brenthurst Large Scale Land Use
Amendment prepared by staff in the agenda memorandum shows that the evidence
that has been adduced meets the Land Use Element Amendment review criteria and
shows that there is substantial evidence to support those criteria.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance
#2014-30, as shown on page _______, enacting a Large Scale Future Land Use Map
Amendment from Suburban Estates to Low Density Residential and associated
Ordinance #2014-29, as shown on page _______, enacting a Rezone from A-1
(Agriculture) to R-1A (Single-Family Dwelling) district for 39.29 acres for
property located on the northeast corner of Sipes Avenue and Pine Way,
conditioned upon the following: the
minimum house size will be 2,100 square feet, the maximum density will be 2.95
units per acre, a minimum of 25 feet dedicated right-of-way for Sipes Avenue,
open land should be at least 15% and there will be an 18,000 square-foot active
park as part of the Development Order, as shown on page _______, the widening
of Sipes Avenue to 20 feet, the construction of a masonry wall along the
property, and R-1A setbacks as required, as described in the proof of
publication; IBI Group.
Under discussion, Commissioner Constantine
said he voted against the transmittal at the last public hearing because he
believes it is “leap-frog zoning.” He
stated the property is surrounded by all R-1A, it has 19,000+ square feet of
wetlands, 241,000+ square feet of flood plain, and the acreage use times four
units per acre would only come to 106 lots.
He said he is concerned about the density and the substandard roads they
have there right now. He believes that
Kentucky Square has a totally different access point with Skyway going up to
East Lake Mary Boulevard. He added he is
very concerned that there is no transition, as he sees it, from what there is
to the north of it going to East Lake Mary Boulevard and to the west of
it. He opined it was too much density
with 116 units on 39 acres with the condition of the property as it is and said
if it was less dense, he could be supportive of that.
Chairman Dallari and Commissioners Carey,
Constantine, Henley and Horan advised of their ex parte communications
(received and filed) and individual meetings with Mr. Morris and Mr. Spolski.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Constantine voted NAY.
CHAIRMAN’S
REPORT
Chairman
Dallari advised he received a copy of a letter (received and filed) referencing
the Fire Department going to an ISO rating of 02/2Y. He complimented Emergency Management staff
and said that going to an ISO rating of 02 is quite significant and speaks
volumes of the level of service they provide the citizens of Seminole County,
both unincorporated and incorporated.
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Chairman
Dallari recognized Fire Chief Ivan Mustafa who was the recipient of the EMS
Nursing Award for the State of Florida and he said it is quite an
accomplishment.
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Chairman
Dallari stated he would like County staff to put together some information regarding
the outsourcing of Human Resources, if possible by the August budget work
session.
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Joe Forte,
Deputy County Manager, advised that all Commissioners are available to hold a
Budget Work Session on July 31st.
The Board agreed to start the meeting at 8:30 a.m.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated June 23, 2014, from Marva Johnson, Bright House Networks, to Chairman
Robert Dallari RE: Upcoming programming changes to Bright House Networks
customers.
2.
Copy of
letter dated June 24, 2014, from Chairman Jimmy Conner, Lake County, to Joe
Berenis, Central Florida Expressway Authority, RE: Lake County appointment to
the Central Florida Expressway Authority.
3.
Letter
with attachment dated June 25, 2014, from Andrae Bailey, Impact Homelessness,
to Chairman Robert Dallari RE: Report released by the Central Florida
Commission on Homelessness.
4.
Copy of
letter dated June 30, 2014, from Chairman Robert Dallari to Vector Disease
Control, Inc., RE: Authorization to Dispense Insecticides (RFP 600650-09/GMG).
5.
Copy of
letter dated June 30, 2014, from Chairman Robert Dallari to Clarke
Environmental Mosquito Management, Inc., RE: Authorization to Dispense
Insecticides (RFP 600650-09/GMG).
6.
Letter
with attachment dated July 7, 2014, from Larry Volenec, Florida Power &
Light, to Chairman Robert Dallari RE: Current contact information for storm
preparedness resource center.
7.
Letter
with attachment dated July 7, 2014, from Congressman John Mica to Chairman
Robert Dallari RE: Latest efforts to keep the Lake Baldwin V.A. clinic open and
in service to our veterans following the opening of the new V.A. medical
complex at Lake Nona.
8.
Letter
with attachment dated July 11, 2014 from Richard Morrison, Florida Hospital, to
Colleagues RE: Health Issues Brief, July 2014.
9.
Letter
dated received July 14, 2014, from Alan Davis, 319 Pine Street, Altamonte
Springs, Florida, 32701, to Chairman Robert Dallari RE: Demand for Action and
Payment, Notice of Intent to Sue.
10.
Notice
to Abutting Property Owners dated July 14, 2014, from City of Lake Mary RE:
Huggins Brothers Construction Company/Leo “Josh” Huggins to conduct a home
occupation for a business to include general contracting/construction in a
dwelling located at 402 Hanging Moss Circle, Lake Mary.
11.
Letter
dated July 14, 2014, from Congressman John Mica to Chairman Robert Dallari RE:
Federal Aviation Administration (FAA) announced approval of the Orlando
International Airport’s request for approval of an economic development plan
for future airport terminal expansion; an intermodal center and a people mover
connecting the new facilities.
12.
Letter
with attachment dated July 15, 2014, from Congressman John Mica to Chairman
Robert Dallari RE: Latest information concerning the expansion of modeling,
simulation and high-tech industry activities in Central Florida.
13.
Notice
of Public Hearing received July 18, 2014, from Orange County RE: Request to
rezone 16.08-acre parcel located at 5879 Rocking Horse Road, from A-2 (Farmland
Rural District) to R-1AAA (Residential Urban District).
14.
Notice
to Abutting Property Owners dated July 16, 2014, from City of Lake Mary RE:
Diamond Shine Auto Detailing/Jesse Tetreault to conduct a home occupation for a
business to include mobile auto detailing in a dwelling unit located at 123 N.
High Street, Lake Mary.
DISTRICT
COMMISSIONERS/COMMITTEE REPORTS
Commissioner
Horan advised there was a “dropped ball” at Lynx with regard to a notice going
out to the Transportation Disabled (TD) population about changes being
implemented as of August 1st.
Apparently, there was supposed to have been a letter sent out but they
were not able to get approval at the State level. He believes there will be some serious
confusion as people will be trying to call Lynx. He also advised that Mr. Herndon has left Lynx. He said he will be passing some information
on to the Commissioners’ offices concerning the TD Program that has been
prepared by Mr. Barley, MetroPlan Orlando, which can assist them in providing
information to anyone calling with inquiries.
Chairman
Dallari advised the media in attendance that they have information they need to
get out to the public regarding a change in Lynx operations for the
Transportation Disabled and he would like them to contact Commissioner Horan’s
office.
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Commissioner
Constantine announced that both he and Commissioner Carey will attend the St.
John’s River Alliance Board meeting on July 24 that is going to be held at the
County Services Building starting at 1:00 p.m.
That same day, they have the Metro Economic Development Council Meeting
being held in the AAA Building.
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Commissioner
Horan stated that the Farmton Master DRI (Development of Regional Impact) was
approved by the East Central Florida Regional Planning Council. He advised it is the largest DRI in
Florida: 60,000 acres in Volusia and
Brevard Counties, north and east of Lake Harney.
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Commissioner
Henley advised that the SunRail Commission had a meeting on July 21 and they
received reports regarding the success of SunRail with a huge petition for more
expanded service on the weekends and later at night. There were also people that spoke regarding
same. They had one complaint regarding
noise and they requested a noise wall.
SunRail and Florida Department of Transportation (FDOT) are going to do
an analysis to determine whether it qualifies for federal funds. There was discussion regarding expanded
services but no one has $2,500 to add a train car. Commissioner Henley advised that they did not
know of any regulation that would prevent them from having a premium fare for
late night or weekend passengers. The
late night, however, cannot go past midnight because of the agreement with CSX;
the freight trains run at that time.
Commissioner
Henley advised there is a Lynx Board meeting scheduled on July 24. He added in a meeting yesterday with Lynx
staff, he was informed that FDOT will not be providing any service to the
Altamonte Springs SunRail station. They
originally committed, when the agreements were signed for the partnership, to
1,700 hours that they would pay for and they have cut that number down to
fifteen hundred something. Altamonte
Springs is the only station affected. Lynx
has been at odds with FDOT over this issue.
FDOT is maintaining that Lynx should deviate off of the SR 436 route
onto Ronald Reagan Boulevard and come into the station for loading and
unloading; then go back out to Ronald Reagan and go to SR 436 to continue their
route, and that it should not add any expense, which is not true. It takes a minimum of eight minutes each
time, and of course, they are paid on the basis of hours, so if you take eight
minutes times the two stops at that station daily times the number of days that
it operates times the $48.42 per hour, it comes to $140,000 for the year. They want Lynx to absorb it or Seminole
County to pick it up. He advised he
already told them that Seminole County had not budgeted for an additional
$140,000 for that deviation that FDOT had originally committed to. During that meeting, staff informed him that
FDOT had stated in a previous meeting with the Maitland officials and
Congressman Mica that there is no connection service from Maitland Center to
the SunRail station. Since FDOT
indicated they are considering discontinuing service to the Longwood station,
Congressman Mica stated they could switch the money to provide service to
Maitland. Commissioner Henley advised
that John Lewis, Lynx CEO, stated that it would be taking money from a funding
partner in one county and giving it to another county who is not one of the
funding partners because Maitland voted to not participate originally, so they
want service but they do not want to pay for it.
Upon
inquiry by Chairman Dallari, Commissioner Henley explained that FDOT wants to
reduce the level of service to the station in Altamonte Springs because they
said they don’t have the money, but since then, they have hired several
consultants and bought numerous marketing materials that are give-away items
for every event they’ve had. He does not
believe that they don’t have the money.
He advised they have a lot of hours at the Pine Hills station and
suspects that is where some of the money went.
Lynx will be voting at their board
meeting on Thursday and Commissioner Henley said there are three options that
have been presented: (1) take it out of
the Lynx contingency, (2) discontinue the service, or (3) Seminole County will
pay the $140,000. He is requesting direction
from the BCC.
Chairman
Dallari stated that the level of service that FDOT had committed to provide per
contract to all four stations needs to be resumed or continued. Commissioner Henley said he will need to see
if it is in writing because he was at the meeting where they committed to buy
12 new buses, hire 12 new drivers, and provide service to each station. He added that he believes the decision is not
being made by FDOT District 5, but is coming out of Tallahassee.
Brett
Blackadar, County Engineer, advised FDOT originally agreed to a set amount of
hours which was about 10,000 hours, and when they re-ran the numbers, they
bumped it up to about 15,000 hours. So
they have increased their hours, but they are holding that line
unfortunately. He said they always
talked about pulling into the Altamonte Station and he believes that
Commissioner Henley met with them where they committed again to that, and he
said he saw correspondence on same. He
also said they talked internally agreeing that it was not an option not to pull
into the Altamonte Station because it makes no sense to drop off people on SR
436 that would have to cross that street.
He advised that he will speak with Bill Wharton, Planning & Development,
who has been their representative to Lynx and that the County has always been
very clear that they should not pick it up as the local funding partner in this
case.
Commissioner Henley said the other
thing that should be looked at is there are some savings; they just broke that
436 Line into two sections, and part of that was to get some savings; however,
he has not heard back if there were any savings by doing that. He advised he will contact FDOT to see where
their position is.
Commissioner
Carey stated she expects FDOT to live up to any commitments they made in their
funding agreements or when they increase their numbers because she is sure they
communicated that in writing to someone.
She added she cannot imagine they would truly consider discontinuing the
service to the Altamonte station because that would certainly put SunRail at
risk of its success. She said that the
County does not have the money to pay for it.
She feels they might need to reach out to their contacts regarding this;
to think that FDOT should take away from the four stations in Seminole County
and apply that money somewhere else, especially outside this county, doesn’t
make any sense because they have a funding agreement with them that is simply
for everything inside this county.
Upon
inquiry by Commissioner Carey, Commissioner Henley advised that it was
indicated the ridership in Longwood was significantly less than had been
projected.
Commissioner
Henley reminded the Board that Lynx had a one-time savings when they redid the
contribution to the employees’ retirement fund.
Lynx had been paying beyond what the State had been so it was cut
back. This savings was to be divided up
between the four funding partners, but the decision was made to use that
towards the neighborhood Lynx in the 13th Street/Goldsboro area to
resolve that problem and that the ridership is up significantly there. He said that funding will run out shortly and
they will need to determine if they will cover that or if Sanford will; they
were talking about the Sanford CRA as a possibility.
Mr. Blackadar
clarified that they are talking about pulling into the station versus not
pulling into the station. Commissioner
Carey stated SR 436 is already congested and the traffic impacts would be
ridiculous.
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Commissioner
Henley advised Lynx received two proposed amendments to the Interlocal
Agreement from Orange County that he believes are punitive because it requires
about 18 additional reports from Lynx to just Orange County, not to anyone
else. He said they are requesting very
detailed, quarterly reports in addition to the monthly reports that are in the
agenda book that already has all the information about the finances, the
ridership and even staff travel and the cost.
He said there is also language included about a partner that decides to
leave Lynx if those reports are not provided and some punitive response to
anyone that is late in making payments.
He added there is one county that is three months overdue right
now. He said he doesn’t know if the
Orange County Board has voted on this or not because the information came from
staff. He added they also want to
require that Lynx cannot spend any money out of the contingency without prior
notification to the Orange County Board.
Commissioner
Carey stated that these are all requests coming from Orange County to a
regional board that has regional representatives and she cannot imagine that
any of the regional representatives would support that. Commissioner Henley said that if they are
going to amend policies about partnerships leaving, he will recommend that they
instruct the Attorney to develop policies and procedures for the fair
distribution of all assets including Federal and FDOT.
Chairman
Dallari said regarding policies, that if a funding partner is notoriously late,
maybe there needs to be an excise charge for interest for late payments. Commissioner Carey added they’ve talked
before about operating their own bus system and there comes a time when you get
to a size that it may make sense.
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Commissioner
Carey reported that July 10 was the first meeting of the Central Florida
Expressway Authority which is the new authority that will deal with the assets
of the former Orange County Expressway Authority. At that time, there were nominations that did
not get approved. Welton Cadwell from
Lake County was unanimously selected to be the Chairman. The Vice Chairman is Scott Boyd from Orange
County and Commissioner Carey was elected unanimously as the Secretary
Treasurer.
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Commissioner
Carey advised she received a letter from the Governor’s Office that she has
been reappointed to the Wekiva River Basin Commission as she is the District
Commissioner whose district is most impacted by the Wekiva Parkway.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
Bryant Applegate,
County Attorney, stated he is handing out a two-month report (received and
filed) of projects completed.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:37 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/tp