BOARD OF COUNTY
COMMISSIONERS
SEMINOLE COUNTY,
FLORIDA
JULY 24, 2012
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 24, 2012, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Ricarrdo Spencer, Sr., Jesus People Covenant Ministries Church, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution #2012-R-129, as shown on page _______, recognizing David K. Peyton for 30 years of service and commitment to Seminole County and its citizens, as a Fire Service Technician for the EMS/Fire/Rescue Division of the Public Safety Department, upon his retirement on July 21, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution
was presented to Fire Chief Leanna Mims, who accepted on Mr. Peyton’s behalf.
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Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2012-R-130, as shown on page _______, recognizing Stephen K. Thiebauth for 33 years of service to Seminole County Government and its citizens, as Division Chief/Shift Commander for the Public Safety Department, Seminole County Fire Department, upon his retirement on July 14, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Fire Chief Leanna Mims, who accepted on Mr. Thiebauth’s
behalf.
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Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2012-R-131, as shown on page _______, recognizing Robert S. Hitchcock for 34 years of service to Seminole County Government and its citizens, as Battalion Chief/Battalion 1 Commander for the Public Safety Department, Seminole County Fire Department, upon his retirement on June 16, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Robert S. Hitchcock, who addressed the Board to
express his appreciation.
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Joe
Montisano, CEO of the Central Florida Zoo and Botanical Gardens; John Williams,
President of Wayne Densch, Inc. and a member of the Central Florida Zoo’s Board
of Directors; and Charles Davis with Nationwide Insurance, also a member of the
Central Florida Zoo’s Board of Directors, introduced themselves for the public
record. Chairman Carey disclosed that
she is the representative for the Board of County Commissioners on the Central
Florida Zoo Board of Directors.
Joe
Montisano addressed the Board to present a request for funds in the amount of $1,450,000
for the Central Florida Zoo to purchase land to create and develop a Wild
African Safari Park. Mr. Montisano
displayed a Powerpoint presentation (copy received and filed) entitled “Central
Florida and Botanical Gardens Land Opportunity” and discussed the negotiated
price. He reviewed maps of Current Zoo
Property and the proposed acreage and discussed the following topics: Immediate Needs - Overflow Parking; African
Safari Park; Possible Animals; Guided Guest Tours; Guest Flow; New Entrance
Building; Additional Guest Experiences; Additional Trailhead; Safari Park map;
Approximate Economic Impact to the County; Additional Revenue Potential for the
Zoo; New Educational Opportunities; Estimated Expenses to Open; Future Phase;
and Additional Advantages.
John
Williams addressed the Board to state he has been on the Central Florida Zoo’s
Board of Directors since 1999. He stated
the land purchase is an opportunity to allow the only expansion that can ever
occur at the zoo due to the fact that this property is the only property
available to them, and it is available right now. He stated he has been involved with several
capital campaigns and fundraisers and finds that many campaigns stay stagnate
until the initial commitment is made by someone and then the generosity flows
forward. He pointed out the members of
the Zoo’s Board of Directors present at the meeting and stated they are
hardworking and dedicated. He concluded
stating that on behalf of the Central Florida Zoo’s Board of Directors, their
staff and docents, and the Central Florida community, he asked that the
Commissioners vote in favor of funding the acquisition of the land.
Upon inquiry by Commissioner Henley, Mr. Montisano stated there is a minimum of 12 usable acres. He also stated the length of the tour through the Safari can be abbreviated on busy days, but will be at least 45 minutes to an hour. Discussion ensued regarding admission prices and surveying zoo visitors by using their zip codes, which is required by the Tourist Development Council.
Commissioner
Henley asked about the increase in annual operating costs with the addition of
15 new jobs. Mr. Montisano stated if it follows
standard industry averages, it will pay for itself and its operation and
maintenance within the first year. It
will operate at a profit the first year and every year thereafter. He also stated this large exhibit would be
low maintenance as opposed to 20 individual exhibits.
Commissioner
Henley also questioned the urgency and stated he was concerned about the price of
almost $100,000 per acre. Staff frowned at
that price when the County previously looked at property for the sports
complex, which has been a priority of the BCC. He stated he believes the land qualifies for eminent
domain and asked the County Attorney to address that. Bryant Applegate, County Attorney, explained the
process to seek eminent domain as required by Florida Statutes.
Commissioner
Henley stated he is not opposed to the addition of the Safari, but advised the
Board has had a long-time commitment in trying to provide adequate sports
facilities for the children in the community.
With the support of the hoteliers, the Board increased the bed tax by two
pennies in order to finance a first-class sports complex; and the commitment
has not yet been fulfilled. He stated he
is concerned if they allocate almost $1.5 million for the Safari, it would
impact their ability to finance a sports complex.
Commissioner
Horan confirmed with Mr. Montisano that the County could retain ownership of
the land, and the Tourist Development Council (TDC), who has several members
who are hoteliers, all voted in favor of this.
Discussion
ensued regarding the lack of competition from Animal Kingdom and other parks.
Commissioner
Dallari stated he would like to see more documentation in the business plan
with regard to whether there are any State or Federal regulations regarding
animal husbandry, as well as the capital campaign, the operational costs and
construction costs. He suggested they
also look at the viability of a trailhead as depicted in the presentation and
how it could tie into the Sanford Riverwalk.
He would also like to see if it is possible to purchase the other four
acres and how the Safari addition would affect tourism dollars and plans for
their sports expansion.
Commissioner
Van Der Weide stated they really need both the sports complex and the zoo
expansion and believes they should do both; however, the sports complex should
have priority.
Chairman
Carey stated she believes they need to do both the sports complex and the land acquisition
for the zoo. She stated the funds are
available and they are building the funds in their Tourist Development account for
the sports facility. They have strong reserves
in the General Fund and could do a one-time purchase expense from that. She confirmed that the contract for the land
expires on August 24 and that it could be assigned to the County.
Chairman
Carey stated this is a great opportunity with the proposed trailhead, the
connection with Volusia County, and the fact that it could be a whole-day
experience for people visiting the zoo. She
stated that a plan is needed and the Board would like to see more information
from the zoo, their costs and estimates, and what the capital campaign will
entail.
Chairman
Carey suggested they continue this item until the August 28 meeting.
Upon
request by Chairman Carey, Sid Vihlen, Jr., 204 N. Park Avenue, addressed the
Board to state he would like to see the zoo purchase the land and has worked with
them for several years; however, his partner is against it because he has an industrial
company in California that he would like to deal with at $2 million plus. Mr. Vihlen stated that due to his former
position on the Seminole County Commission, the fact that he was involved in
locating the zoo there in the 1970’s, and being a lifetime member of the zoo and
emotionally involved, he has talked his partner into reducing the price for the
zoo. Mr. Vihlen went on to explain all
the costs they incurred in purchasing the land and advised that it is fully
vested and permitted, and the owners will not see much profit from the
sale. His partner is against the price
compromise and has said he is firm on the August 24 expiration date of
the contract; however, Mr. Vihlen stated he would attempt to work out an
extension with him.
Chairman
Carey stated the budget work session is on August 21, and they can advertise it
to not only have a budget work session, but to have the zoo discussion and make
a decision about where the funding would come from for the zoo and the sports
facility. That would solve the problem regarding
the extension of the contract. She
stated she would like an update from staff at the August 14 Board meeting on
the sports facility initiatives.
Commissioner
Henley stated he would like to know what the projected cost of the sports
complex is because it has never been presented to them. He has the zoo’s information but believes the
total package needs to be further developed for the Board to be able to make a
decision rather than assume they can do it all. He stated he is not opposed to the Safari;
however, he believes it cannot interfere with the commitment already made to
provide much needed sports facilities. He
concurred with Chairman Carey’s suggestion to continue this until August 21 and
thanked Mr. Vihlen for the information.
Chairman
Carey stated continuing this will give the zoo an opportunity to gather all the
values that are in existence for the land and to come up with some estimates on
construction and what the capital campaign would look like for that. It will give County staff an opportunity to
talk about a plan, whether funding comes from General Fund reserves or from
Tourist Development. It will give County
park staff an opportunity to update the Board at the next Board meeting on
August 14 on different properties they have asked staff to look at and some
things that they have asked them to do.
She stated the Board should be able to make a decision on August 21.
Commissioner
Van Der Weide confirmed that the County will not be involved in the zoo’s
fundraising for the Safari Park.
Chairman
Carey stated they will schedule an update from staff on a future sports complex
at the August 14 Board meeting. After they
have had the budget discussion during the work session on August 21, the Board
will address the zoo’s request; therefore, it needs to be advertised properly. They also need a copy of the contract. She continued that if they move forward, she
would like to address the original lease and the four amendments which will
expire in 2039, which is only 27 years. They
should tie all that together and make sure that it is a long enough extension
for the County to have some return for the zoo.
Since current leasehold of the zoo goes on the north side of U.S. Highway
17-92, which is where they are proposing to put a trailhead, Chairman Carey
suggested they pull that out of the leasehold and make U.S. Highway 17-92 the
boundary for that. Then they need to
have the parks staff look at a trailhead opportunity on this property so it can
be addressed as to whether it is a viable option. Commissioner Dallari added that they need to
talk to the City of Sanford because they are the entity that is planning the
Riverwalk expansion.
Chairman
Carey stated that County staff needs to be ready to bring the Board up to date
on the trailhead and the sports complex at the August 14 Board meeting.
Mr.
Montisano agreed to get the zoo’s business plan for the Safari addition to the
Commissioners in one week.
Chairman
Carey publicly thanked John Williams for the Wayne Densch Charities’ support of,
not only the zoo, but so many of their community partnerships.
Commissioner
Dallari thanked Mr. Vihlen for his candor.
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Chairman Carey recessed the meeting of the Board of County Commissioners at 10:20 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency.
U.S. 17-92 CRA
David
Buchheit, U.S. Highway 17-92 CRA Program Manager, addressed the Board to
present a request to approve the First Amendment to the Interlocal Agreement
between U.S. Highway 17-92 CRA and the City of Sanford for a Water and Sanitary
Sewer Line Expansion. Mr. Buchheit
stated the modifications in this agreement are a time expansion and a
landscaping change that will allow the owner of 700 French Avenue to provide
the landscaping improvements when he connects to the upgraded lines. Staff is requesting this item be approved.
Motion by Commissioner Henley, seconded by Commissioner Horan, to approve the First Amendment, as shown on page ______, to the Interlocal Agreement, between the U.S. Highway 17-92 CRA and the City of Sanford for the Water and Sanitary Sewer Line Extension Project.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:21 a.m. and reconvened the meeting of the Board of County Commissioners.
PUBLIC PARTICIPATION
Dr. Rachel K. Wentz, Regional Director for the Florida Public Archaeology
Network, addressed the Board to distribute pamphlets and business cards (copies
received and filed). She stated they are
a network of professional archaeologists funded by the Legislature through the
University of West Florida. Her host institution
is the Florida Historical Society in Cocoa, Florida. Their consulting services are free and they
provide a wide range of services for local governments. They also provide teacher training and the
tools to bring archaeology into the classroom to teach young people about the
importance of site preservation and Florida’s vast prehistory.
Commissioner Henley suggested they provide SGTV with materials
if they have something they would like to get out to the public.
Speaker
Request Form was received and filed.
COUNTY MANAGER’S
CONSENT AGENDA
Jim Hartmann, County Manager, advised that under the Consent Agenda,
staff is requesting that Item #15, Grant Agreement between Florida Division of
Library Services and Information Services and Seminole County, be pulled and moved to the August 14 agenda.
He explained that Item #18A, Interlocal
Agreement with the City of Oviedo for maintenance of the trail overpass over
Red Bug Lake Road, is an add-on. Staff
is requesting Item #35, Term Contract for Residential and Commercial Backflow
Prevention Control Program, be pulled. Regarding Item #41, Work Order #25 under
Master Services Agreement (MSA) PS-2249-07 with Parsons Brinkerhoff, Inc., the total
dollar amount has been reduced to $163,714.97.
Mr.
Hartmann advised that Item #48A, BAR #12-098, recognizing additional FY
2012-2013 Department of Children and Families Services revenues and Item #48AA,
BAR #12-097, Appropriation of Unclaimed Evidence Funds, are add-ons. Under Public Hearings, Item #55, Brooks Lane
Development Order Amendment, has been withdrawn
due to the applicant’s request.
Upon inquiry by Commissioner Dallari, Buddy Balagia, Community
Services, addressed the Board to state that Item #6, 2012-2013 One-Year Action
Plan, page 8, General Fund for anticipated funding for housing and community
development activities for Program Year 2012-2013, the amount of $586,000 is just
an estimate based on last year’s figure and the BCC is not committing to that
number with approval of this item. Chairman
Carey explained that they just need to get the application in before going
through the budget process to allocate the monies.
Chairman Carey stated she would like to comment on Item #39, Term
Contract IFB-601425-12. She stated she
would like the issue of landscape and irrigation materials for parks, trails, and
roadway medians, added to the agenda of a future Board meeting. Many medians don’t have irrigation and it is
expensive to go back and put in irrigation.
The Board has discussed using plant material that is drought tolerant
and native to Florida, yet they continue to plant oak trees and plants that require
a lot of water. Chairman Carey requested
that this come back before the Board again to look at the policy, not only with
roads but with trails and parks, about what kind of materials are being planted
before they continue to plant non-native and non-drought-tolerant species. She stated it may be a policy that is in more
than one department. The Board had
previously discussed amending the Land Development Code to require drought-tolerant
plantings instead of requiring that St. Augustine sod be put down everywhere,
especially close to the waterways.
Discussion
ensued regarding policies made by the Board and changes to the Land Development
Code.
Mr.
Hartmann stated he recently discussed this with staff and he doesn’t believe
there is a written policy. He suggested they
come back to the Board with a description of current practices in connection
with County properties on how facilities, right-of-ways, trails, and parks are
planted. He stated they currently do
some xeriscaping and some native plant management, but probably have room to do
more. He will involve Cooperative Extension
and all departments and bring this back to the Board.
Chairman
Carey commented on the watering trucks on International Parkway watering plants
in the median, which is very expensive.
Commissioner
Henley stated the Board has given direction but never quantified it to the
point that there is a policy in place. Chairman
Carey stated she believes that from listening to this discussion, Mr. Applegate
will put something in place so that any staff in the future will require Board
direction to change the policy.
Commissioner
Horan stated he believes that there is an operational policy employed by several
departments to use drought-tolerant materials. He said he presumes International Parkway might
have been developed a little differently because it is a little more upscale.
Chairman
Carey stated they will know whether there are policies in place when this comes
back to the Board on August 28.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to authorize and approve the following:
Community
Services
Business
Office – Community Services
6. Approve the 2012-2013 One-Year Action Plan and authorize the Chairman to execute all accompanying documents, including Standard Forms 424, as shown on page _____, for Community Development Block Grant Program, Home Investment Partnerships Program, and Emergency Solution Grants Program, all respective Certifications, and the subsequent Grant Agreement.
7. Approve and authorize the Chairman to execute the Amendment, as shown on page _____, to Seminole County Victims’ Rights Coalition, Inc. Agreement, to provide additional funding to complete planning activities in Phase 1 of the U.S. Department of Justice, Office of Violence against Women (OVW) grant.
8. Approve and authorize the Chairman to execute the Eighth Renewal, Amendment and Restatement, as shown on page _____, of County of Volusia Interlocal Agreement, for Provision of Medical Examiner Services for Seminole County.
Community
Assistance Division
9. Approve and authorize the Chairman to execute the Seminole County/Homeless Services Network of Central Florida, Inc. Shelter Plus Care Program Subrecipient Agreement, as shown on page _____, which will provide rental assistance for permanent housing for homeless persons with disabilities.
Community
Development Division
10. Approve and authorize the Chairman to execute the corrected Modification Number (1), as shown on page _____, to Subgrant Agreement between the Department of Economic Opportunity and Seminole County, modifying the Work Plan and Budget Plan to include Temporary Relocation and Housing Replacement, as well as extending the grant expiration to March 14, 2013.
Economic
and Community Development Services
Planning
and Development Division
11. Authorize the Chairman to execute the Release of Lien, as shown on page _____, for Case No. 09-98-CEB, on 3604 Datura Court, Winter Park, Tax Parcel #34-21-30-506-0900-0180, previously owned by Tina Persaud and currently owned by The Bank of New York Mellon TR.
Environmental
Services
Business
Office
12. Approve the Release of the original Water and Sewer Maintenance Agreement with Letter of Credit (LOC #198) for the project known as Orange 46 Plaza in the amount of $2,967.50.
Solid
Waste Management Division
13. Renewal
of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection
Service with Container Rental Company, Inc., from October 1, 2012 to September 30,
2013.
14. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _____, for USA Services of Florida, Inc. effective from October 1, 2012 through September 30, 2013.
Leisure
Services
Library
Services Division
15. Pulled from the agenda request to approve and authorize the Chairman to execute the State Aid to Libraries Grant Agreement, between the Florida Division of Library Services and Information Services and Seminole County in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses.
Public
Works
Engineering
Division
16. Approve and authorize the Chairman
to execute a Memorandum of Understanding (MOU), as shown on page _____, with
the Board of Trustees of Central Florida Regional Hospital in conjunction with
their need to relocate the Cross Seminole Trail overpass' northern ramp and
trail at Red Bug Lake Road near State Road 426.
17. Approve
and authorize the Chairman to execute an Interlocal Agreement, as shown on page
_____, with the City of Lake Mary for the jurisdictional transfer of Country
Club Road (County Road 15) lying between the northern right-of-way line of Lake
Mary Boulevard and the northerly extension of the westerly boundary line of the
Plat of Springhurst Park.
18. Adopt appropriate Resolution #2012-R-132, as shown on page _____, and authorize the Chairman to execute a Perpetual Easement, as show on page ______, conveying easement rights to property identified by the FDOT as Parcel #800.1R (Part A) to the State of Florida Department of Transportation for improvements to Interstate 4 (State Road 400) from Central Parkway to North of State Road 434.
18A. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ______, between Seminole County and the City of Oviedo for aesthetic maintenance of the trail overpass and ramps leading from and to Red Bug Lake Road at State Road 426.
Fleet/Facilities
Division
19. Approve and authorize the Chairman to execute the Reflections of Hidden Lake Community Services Department Lease, as shown on page _____, at an annual cost of $120,890 for the first year, for a three-year term with three, one-year renewal periods.
Resource
Management
Budget
and Fiscal Management Division
20. Approve and authorize the Chairman
to execute a Termination Agreement (Amendment #1), as shown on page _____, with
the Department of Environmental Protection for Petroleum Contamination Site
Cleanup Program Services, Agreement #SO489, as of June 30, 2012.
21. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-133, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-057 through
the Public Safety Grants Fund in the amount of $253,832 in order to recognize
the revenue and fund expenditures related to the Repetitive Flood Claims
Program grant to purchase, demolish, re-zone and clear the parcel at the
Campbell property at 540 Orange Boulevard, Sanford.
22. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-134, as shown on page _____, implementing Budget Amendment Request (BAR) #12-080 through the Water and Sewer Operating Fund to appropriate funding from reserves in the amount of $34,200 to fund equipment for the Water and Wastewater Programs.
23. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-135, as shown on page _____, implementing Budget Amendment Request (BAR) #12-081 through the Water and Sewer Operating Fund to appropriate additional funding from reserves in the amount of $365,000 for the City of Sanford Chase Groves Wholesale Agreement.
24. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-136, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-084
through the Water and Sewer Operating Fund to appropriate additional funding
from reserves in the amount of $786,510 for the Small Meter Replacement Program
in the amount of $356,881 and to replenish the Inventory Program of $429,629.
25. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-137, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-085 to
recognize an additional $44,000 in grant revenue through the Public Safety
Grant Fund and 2009-2010 State Homeland Security Grant Program and appropriate
funding to upgrade the Mobile Analytical Platform (MAP).
26. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-138, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-086 to
recognize receipt of the grant awarded in the amount of $70,576 through the
Public Safety Grant Fund and FY 2010-2011 State Homeland Security's Grant Program
to allocate funds for Urban Search and Rescue (USAR) and Hazardous Material
(HazMat) related training and equipment purchase.
27. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-139, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-087 through
the E-911 Fund to provide funding to install and implement a 911 Information
Management System in the amount of $165,620 from E911 Fund Reserves.
28. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-140, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-091 through
the 2001 Infrastructure Sales Tax Fund to establish funding in the amount of
$290,000 using reserves for the Airport Boulevard and McCracken Road Culvert
Replacement Project.
29. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-141, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-092 in the
amount of $50,428 through the Adult Drug Court Fund in order to recognize the
carryforward of available grant funds from the prior year's allocation of
funding into the current year.
30. Approve
and authorize the Chairman to execute appropriate Resolution #2012-R-142, as
shown on page _____, implementing Budget Amendment Request (BAR) #12-093 in the
amount of $3,570 through the BOCC Agency Fund and the General Fund to establish
budget for the purchase and installation of a new electric scoreboard at the
Seminole County Softball Complex in honor of Mr. Jerry Dross at a cost of
$7,540.
31. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-143, as shown on page _____, implementing Budget Amendment Request (BAR) #12-094 through the 2001 Infrastructure Sales Tax Fund in the amount of $190,000 using reserves to fund the newly established Seminola Boulevard at Murphy Road Mast Arms project.
32. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-144, as shown on page _____, implementing Budget Amendment Request (BAR) #12-095 in the amount of $14,500 through the Historical Commission Fund to establish a budget for donations for the museum agricultural pole barn exhibit and other historical museum activities.
Purchasing
and Contracts Division
33. Approve Amendment #4, as shown on page _____, to RFP-4114-01, Recycling Processing Agreement, with W.M. Recycle America, LLC, to replace Exhibit A, Scope of Services and Fee Structure; and authorize the Purchasing and Contracts Division to execute the Amendment.
34. Award
Agreement CC-7614-12, as shown on page _____, North Wymore Road Milling and Resurfacing
(I-4 Bridge to State Road 436), in the amount of $419,223.65 to P&S Paving,
Inc., Daytona Beach; and authorize the Purchasing and Contracts Division to
execute the Agreement.
35. Pulled
from the agenda request to award IFB-601370-12, Term
Contract for Residential and Commercial Backflow Prevention Control Program, to
Nils Humberg Enterprises, LLC, d/b/a Ace Flow Control, LLC, Longwood, and
authorize the Purchasing and Contracts Division to execute the Agreement.
36. Award
IFB-601429-12, as shown on page _____, Term Contract for Elevator Maintenance,
to Skyline Elevators, Groveland; and authorize the Purchasing and Contracts
Division to execute the Agreement.
37. Award
RFP-601420-12, as shown on page _____, Agreement for Emergency Medical Services
(EMS) Billing and Collection Services, to Advanced Data Processing, Inc., d/b/a
Intermedix, Fort Lauderdale; and authorize the Purchasing and Contracts
Division to execute the Agreement.
38. Approve
ranking list, authorize staff to negotiate rates in accordance with F.S.
287.055, the Consultants Competitive Negotiation Act (CCNA), and authorize the
Purchasing and Contracts Division to execute Master Services Agreement (MSA),
as shown on page _____, for PS-7333-12, Engineering and Design Services for
Utility Upgrades for the Midway Subdivision, Estimated Usage of $800,000 over
the term of the MSA.
39. Award
IFB-601425-12, as shown on page ______, Term Contract for Landscape/Irrigation
Materials and Miscellaneous Related Construction Services to Arazoza Brothers
Corporation, Homestead; and authorize the Purchasing and Contracts Division to
execute the Agreement.
40. Award
CC-7694-12, as shown on page ______, Agreement for Cassel Creek Stormwater Improvements
in the amount of $1,485,994.86 to Prime Construction Group, Inc., Orlando; and
authorize the Purchasing and Contracts Division to execute the Agreement.
41. Approve
Work Order #25, as shown on page ______, under Master Services Agreement (MSA)
PS-2249-07, Construction Engineering and Inspection Services for Construction
Projects less than $1,000,000, in the amount of $163,714.97 with Parsons
Brinkerhoff, Inc., Tampa; and authorize the Purchasing and Contracts Division
to execute the Work Order.
42. Award RFP-601458-12, as shown on page ______, Term Contract for Irrigation Evaluation Services to Cato Environmental Services, Inc., Lake Mary; and authorize the Purchasing and Contracts Division to execute the Agreement.
43. Award IFB-601415-12, as shown on page ______, Term Contract for Courier Services to Absolute Sparkle, Inc., Chuluota; and authorize the Purchasing and Contracts Division to execute the Agreement.
COUNTY ATTORNEY’S CONSENT AGENDA
44. Approve and authorize the Chairman to execute a Satisfaction of the Order Imposing Civil Restitution Lien, as shown on page ______, for Incarceration Costs, in the amount of $300 against Michael Joseph Casella, Case #03-0328-MMA.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Clerk’s
Office
45. Approval of Expenditure Approval Lists, as shown on page ______, dated June 11, 18 and 25, and July 2, 2012 and Payroll Approval Lists, as shown on page ______, dated June 7 and 21, 2012; BCC Minutes dated June 12 and 26, 2012 and noting, for information only, the following Clerk’s “Received and Filed”:
1. Joint City-County Advisory Committee meeting packets for April 27, 2005; May 18, 2005; June 15, 2005; July 20, 2005; August 17, 2005; September 21, 2005; October 19, 2005; November 16, 2005; January 18, 2006; February 15, 2006; March 22, 2006; April 19, 2006; May 24, 2006; June 21, 2006; August 16, 2006; September 20, 2006; October 18, 2006; November 15, 2006; April 18, 2007; August 15, 2007; October 17, 2007; November 28, 2007 (CD included); and January 16, 2008.
2. Joint City-County Advisory Committee Official Minutes for March 19, 2008 and November 28, 2007.
3. Contract Renewal, as shown on page ______, AQ166, for FDOT Landscape Maintenance Agreement per Resolution 2012-R-84, as approved by the Board of County Commissioners on April 24, 2012.
4. Fully executed Grant Agreement, as shown on page ______, with the Florida Division of Emergency Management regarding Repetitive Flood Claims Grant Program award for the property acquisition, structural demolition, and debris removal from the Campbell Property as approved by the Board of County Commissioners on April 24, 2012.
5. Terry Lunsford Elevation Project Invoice Certification by Andy Brooks of ZHA, Inc., as shown on page ______.
6. Board of Adjustment Development Orders, as shown on page ______, for the following: #12-30000025, Alfred and Amelia Grant; #12-30000024, Delroy and Sharon Bromfield; #12-30000021, Quinton D. and Lara Smith; #12-30000020, Warren R. and Cathy J. Brown; #12-30000018, Janice Verela; #12-30000017, AAA Homes, LLC; #12-30000014, Manfore and Dixie Sandefur; #12-30000012, 1900 Sipes Avenue; #12-30000011, Linda K. and Lawrence Brouillette; #12-30000010, Donna Smith; #12-30000008, Laurence S. and Mayra Lingvay; #12-32000006, DDR MDT Winter Park Palms, LLC; #12-32000004, Church Markham Woods Presbyterian, Inc.; #12-32000003, Highland Memorial Garden; #12-32000002, Alafaya and Carrigan, LLC; #12-30000022, Cameron Bethel; #12-30000019, James and Rosemary Anglin; and #12-32000001, DOT/State of Florida.
7. Development Order, as shown on page ______, #12-30000042, Dorothy J. Smith, Administrative variance for 927 Oak Drive.
8. Board of Adjustment Denial Development Order, as shown on page ______, #12-30000007, Terry and Jacqueline England.
9. Conditional Utility Agreement, as shown on page ______, for Water Services for Guepro, LLC, for the project known as Primrose School.
10. Conditional Utility Agreement for Sewer Service and Amendment, as shown on page ______, to Conditional Utility Agreement, for Potable and Reclaimed Water Service for Steel Curtain of Central Florida, LLC, Alaqua Group, LLP, and Alaqua Property Owners Association, Inc. for the project known as Reserve at Alaqua.
11. Bill of Sale, as shown on page ______, accepting the off-site water and sewer systems for the project known as HIBC Lot 2 – The Learning Experience.
12. Conditional Utility Agreement, as shown on page ______, for Water and Sewer Service for Meritage Homes of Florida, Inc., for the project known as Brooks Cove.
13. Conditional Utility Agreement, as shown on page ______, for Water and Sewer Service for The Ryland Group, Inc., for the project known as Enclave at Aloma.
14. Special Purpose Financial Statements for the Years Ended September 30, 2011 and 2010 for Seminole County Solid Waste and Water and Sewer Funds by Moore Stephens Lovelace, P.A.
15. Cash Maintenance Bond, as shown on page ______, for Water and Sewer for the project known as HIBC Lot 2 – The Learning Experience in the amount of $682.20.
16. Renewal #2 Final, as shown on page ______, to RFP-600887-10, Counsel for Value Adjustment Board.
17. Associate Tennis Pro Agreement, as shown on page ______, for Chelsea Underwood.
18. Parks Contracts, as shown on page ______, for Service for Nancy Palmer, Daneen Botsko and Rebecca Ransom.
19. Tennis Developmental Instructor Agreement, as shown on page ______, for Christopher Lamb.
20. Work Order #4, as shown on page ______, to PS-6865-11.
21. Change Order #5, as shown on page ______, to Work Order #1 to CC-7107-11.
22. Change Order #2, as shown on page ______, to Work Order #15 to CC-2183-07.
23. Work Order #28, as shown on page ______, to CC-2183-07.
24. IFB-601242-12, as shown on page ______, for Express Supply, Inc.
25. Change Order #2, as shown on page ______, to CC-6600-11.
26. Amendment #1, as shown on page ______, to Work Order #80 to PS-1529-06.
27. Change Order #5, as shown on page ______, to DB-6152-10.
28. Closeout, as shown on page ______, of Work Order #72 to CC-1284-06.
29. Change Order #3, as shown on page ______, to CC-6893-11.
30. Amendment #1, as shown on page ______, to M-5332-10.
31. Amendment #6, as shown on page ______, to Work Order #1 to PS-4906-09.
32. Change Order #6, as shown on page ______, to Work Order #6 to CC-7107-11.
33. Amendment #6, as shown on page ______, to Work Order #2 to PS-4736-09.
34. Closeout, as shown on page ______, to Work Order #74 to CC-1284-06.
35. Closeout, as shown on page ______, to Work Order #1 to CC-7107-11.
36. Amendment #2, as shown on page ______, to Work Order #8 to PS-5438-10.
37. Work Order #39, as shown on page ______, to PS-4388-09.
38. Work Order #16, as shown on page ______, to RFP-2574-07.
39. Change Order #3, as shown on page ______, to Work Order #45 to CC-2184-07.
40. Change Order #2, as shown on page ______, to Work Order #25 to CC-2183-07.
41. Work Order #14, as shown on page ______, to RFP-2574-07.
42. Amendment #2, as shown on page ______, to Work Order #34 to PS-1529-06.
43. Work Order #94, as shown on page ______, to PS-5120-02.
44. Change Order #3, as shown on page ______, to CC-6600-11.
45. Closeout, as shown on page ______, to Work Order #22 to CC-2183-07.
46. Work Order #76, as shown on page ______, to CC-1284-06.
47. Work Orders #13 and #15, as shown on page ______, to RFP-2574-07.
48. Amendment #1, as shown on page ______, to Work Order #92 to PS-5120-02.
49. Change Order #5, as shown on page ______, to Work Order #20 to CC-2183-07.
50. Work Order #1, as shown on page ______, to PS-6980-11.
51. Work Order #38, as shown on page ______, to PS-4388-09.
52. Notice of Satisfaction of Connection Fees, as shown on page ______, for the project known as Lake Forest Sect. 5A.
53. Work Order #20, as shown on page ______, to CC-3321-08.
54. Work Order #93, as shown on page ______, to PS-1529-06.
55. Change Order #1, as shown on page ______, to CC-6944-11.
56. Work Order #105, as shown on page ______, to PS-1074-06.
57. First Amendment, as shown on page ______, to IFB-600532-09.
58. Second Amendment, as shown on page ______, to IFB-601114-11.
59. Amendment #6, as shown on page ______, to IFB-600325-08.
60. Work Orders #28 and #29, as shown on page ______, to CC-2190-07.
61. Corrected Restrictive Covenant, as shown on page ______, for Beech Outdoor Company.
62. Change Order #2, as shown on page ______, to Work Order #19 to CC-2183-07.
63. Work Order #6, as shown on page ______, to PS-5160-04.
64. Change Order #5, as shown on page ______, to CC-5527-10.
65. Memorandum to Ann Colby, Assistant County Attorney, from David Shields, Assistant County Attorney, regarding Allied Veterans of the World, Inc: Affiliate 67, et al v. Seminole County.
66. Bids as follows: IFB-601429-12; IFB-601404-12; IFB-601463-12; RFP-601458-12; PS-7333-12; IFB-601415-12; CC-7614-12; IFB-601448-12; IFB-601457-12; and IFB-601425-12.
Sheriff’s
Office
46. Approval to expend $1,000 from the Sheriff’s Law Enforcement Trust Fund to provide for a contribution to Brethren Reaching Out in support of its youth programs and activities.
47. Approval to expend $1,000 from the Sheriff’s Law Enforcement Trust Fund to provide for a contribution to Highest Aim, Inc. in support of its summer youth program.
48. Approval to expend $2,000 from the Sheriff’s Law Enforcement Trust Fund to provide for a contribution in support of the Central Florida Freedom School Program operated by Free to Be Me, Inc.
48A. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-145, as shown on page ______, implementing Budget Amendment Request (BAR) #12-098, recognizing $842,956 in additional FY 2012-2013 Department of Children and Families Services revenues and correspondingly increasing the Sheriff’s FY 2012-2013 operating budget by an equivalent amount.
48AA. Approve and authorize the Chairman to execute appropriate Resolution #2012-R-146, as shown on page ______, implementing Budget Amendment Request (BAR) #12-097, in the amount of $12,867 in Unclaimed Evidence Funds to be utilized within the Sheriff’s budget for operating needs, in accordance with Florida Statute Section 705.105.
Districts 1, 2, 3, 4 and 5 voted AYE.
- - -
Commissioner Dallari stated, in regard to Item #18A, Interlocal Agreement between the County and the City of Oviedo for maintenance of the trail overpass at Red Bug Lake Road, he would like to request that staff work with the City of Oviedo to amend the agreement from a 5-year term into a 20-year term. Mr. Hartmann concurred that it should be a 20-year agreement.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to direct staff to work with the City of Oviedo to amend the Interlocal Agreement between Seminole County and the City of Oviedo for aesthetic maintenance of the trail overpass and ramps leading from and to Red Bug Lake Road at State Road 426 from a 5-year term to a 20-year term.
Districts 1, 2, 3, 4 and 5 voted AYE.
Under discussion, Mr. Applegate stated that the amended agreement will be placed on a future agenda as a consent item. Mr. Hartmann stated he will talk with the City Manager of Oviedo to expedite the amended agreement.
REGULAR
AGENDA
Liz Parkhurst, Planning and Development Division,
addressed the Board to present a request for a reduction of the Code
Enforcement Board lien on the property located at 240 Power Court, Suite #116,
Sanford. She stated that on April 26,
2012, the Code Enforcement Board imposed an order finding compliance and imposing
the lien on the subject property for the violation of unpermitted
construction. The lien totals $27,250
for 109 days of non-compliance. These
violations were not created by the owner as a tenant had performed interior
renovations without the required construction permits and inspections. However, all documents regarding this case
from inception in 2008 through 2011 were received by the owner. Ms. Parkhurst explained that stated in the
request for reduction of lien by the owner, there appeared to be an issue with
the postal service delivery from January through April of this year as all
Board correspondence was returned undeliverable. Staff recommends that the Board approve a
lien reduction from $27,250 to the administrative cost of $1,344.94. Staff requests this report be made part of
the record.
Chairman Carey stated she met with Mr. Scheetz and
he does not have all his final inspections. She would like, as a condition for approving
this item, that all building inspections and the final closeout be done within
60 days.
Commissioners Horan and Henley stated they also had
a conversation with Mr. Scheetz and understand the circumstances.
Motion by Commissioner Horan,
seconded by Commissioner Henley, to approve a reduction to the Code Enforcement
Board lien, from $27,250 to the administrative costs of $1,344.94, for Case
#11-79-CEB on the property located at 240 Power Court, Suite #116, Sanford; 240
Power Court LLC (current owner) and Rick Scheetz (Registered Agent); and
authorize the Chairman to execute the Satisfaction of Lien upon payment in
full, subject to the condition that all inspections be secured within 60 days.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Lisa
Spriggs, Resource Management Director, addressed the Board to request approval to
establish millage rates for notification to property owners through Truth in
Millage (TRIM) compliance and to set the date, time and place for the first
Public Hearing to adopt the tentative budget for FY 2012-2013. State Law requires that they notify the
Property Appraiser and certify to the Property Appraiser by August 4 the
tentative proposed millage, and the notifications are required to be mailed by
the Property Appraiser before August 24.
The
recommendation is to set millage rates at the same rates levied last year for
all jurisdictions, and the County Manager’s proposed budget released to the
Board on July 13 was based on these rates.
They also recommend the first Public Hearing be scheduled for September
12, 2012 at 7:00 p.m. in the BCC Chambers.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to approve the tentative millage rates to be included on TRIM notifications and authorize staff to schedule public hearings for the adoption of the tentative and final millage levy and budget for FY 2012-2013.
Under discussion, Commissioner Dallari stated he believes the amount of reserves, which is between $8 million and $10 million, is extremely high. In addition, he believes that $2 million for Fleet and an additional $2 million for Facilities is also high. He stated he was surprised to find in the budget and has issues with a 3% cost-of-living increase for employees countywide. Chairman Carey stated she has some of the same concerns and they will delve more into the budget during the budget work sessions coming up.
Chairman Carey stated they can reduce the TRIM millage rate, but they cannot raise it. Commissioner Henley stated they have time to make a reduction if they deem it necessary, but thinks it is too early to make that decision because once it is made, it cannot be increased.
Chairman Carey stated they can reduce the budget up until September 25 when they approve the final budget, and they have done that in the past, so there is time to work through it.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Dallari voted NAY.
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With regard to a request to adopt a Resolution to
place a School Board Referendum Election on the November 6, 2012 ballot, Chairman
Carey requested that Mr. Applegate address the process as to the Board’s
authority, because they do not have the authority to deny it, nor do they have
the authority to amend the language. Mr.
Applegate explained that this is a mandatory statute under Florida Law, Section
1011.73(2). The School Board has
directed the Board of County Commissioners to direct the Supervisor of
Elections to place a Referendum on the ballot.
The Board has no discretion and is required by law to direct the
Supervisor of Elections to place it on the ballot. The School Board, under those sections of the
law, is responsible for defending any challenge thereto, responsible for the
wording of the ballot, responsible for the cost of the election if there are
any additional costs, and ensuring that the Clerk’s Office advertises the
election pursuant to Florida Law. This
is a mandatory requirement set out by the Statutes.
Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2012-R-147, as shown on page _____, to place the required referendum election on the ballot of the general election to be held on November 6, 2012, for a levy of up to one mill for no more than four years, for essential operating expenses; with said adoption authorization being required by Florida Law.
Under discussion, Commissioner Dallari stated that he heard, but has no proof of it, that someone filed a lawsuit against the School Board referencing the above. Upon inquiry by Commissioner Dallari, Mr. Applegate stated he can’t say for certain that someone wouldn’t try to name the County as a party, but he believes they would then be responsible for attorney fees and costs.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER AND STAFF BRIEFINGS
Motion by Commissioner Henley, seconded by
Commissioner Van Der Weide, to approve and authorize the Chairman to sign the
letter, as shown on page ______, to MetroPlan Orlando appointing Shad M. Smith,
Professional Engineer, to serve as the representative and David W. Martin,
Professional Engineer, to serve as the alternate on the Bicycle and Pedestrian
Action Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by
Commissioner Dallari, seconded by Commissioner Horan, to approve the Project
Fiscal Summary Report for FY 2011-2012 through June 30, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
--------
The
Board noted, for information only, the Informational Budget Transfer Status
Report for FY 2011-2012.
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Chairman Carey recessed the meeting at 10:48 p.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials (with Clerk of Circuit Court Maryanne Morse being absent) with the exception of Deputy Clerk Terri Porter, who was replaced by Deputy Clerk Eva Roach, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, 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
BROOKS LANE DEVELOPMENT ORDER
AMENDMENT /Dave Schmitt
Proof of publication, as shown on page ________, calling for a public hearing to consider an Approval of an Amendment to the Brooks Lane Development Order revising the buffer yard requirements for 10.34 acres, located on the west side of Brooks Lane, approximately ½ mile south of Red Bug Lake Road, David Schmitt, received and filed.
Upon inquiry by Chairman Carey, Jim Hartmann, County Manager, advised that the applicant has requested that this item be withdrawn from the agenda.
APPEAL OF THE BOA/Damas De La Cruz
Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny the request for a rear yard setback variance from thirty (30) feet to four (4) feet for an addition; a side yard setback variance from seven feet and six inches (7’6”) to three (3) feet for a shed; and a rear yard setback variance from ten (10) feet to four (4) feet for a shed, in the R-1 (Single Family Dwelling) district, for property located on the south side of Citadel Drive, approximately 1,000 feet west of Lynchfield Avenue, and particularly known as 457 Citadel Drive, Damas De La Cruz, received and filed.
Denny Gibbs, Planning & Development, addressed the Board to review the reason for the appellant appealing the Board of Adjustment’s (BOA) decision. She stated the BOA denied the appellant’s request based on the evidence submitted at their meeting. She stated staff received a letter (received and filed) of opposition from Joseph Murasko, a neighbor that abuts the rear of the property. Staff recommends upholding the BOA’s decision.
Andrew Garcia, 259 Spring Colony Circle, addressed the Board to state he is representing Mr. De La Cruz. He explained the purpose of why Mr. De La Cruz built the structure and why he enclosed it. He stated the family is working with the Building Division to get the variance in order.
Mr. Garcia discussed with the Board the concrete slab, the type of structure that was built, and the size of the facility. He stated the applicant did not know the code aspects of building a structure; and since it was their property, they thought they could build on it.
Upon inquiry by Chairman Carey, Mr. Garcia advised the purpose of the facility is to allow their grandchildren (ages 13 through 16) to gather in the back. He informed Chairman Carey that no boxing is going on in the facility. He advised Commissioner Henley that the structure is being used as a sunroom and no air conditioning service is provided.
No one else spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to uphold the Board of Adjustment’s decision to deny the request for a rear yard setback variance from thirty (30) feet to four (4) feet for an addition; a side yard setback variance from seven feet and six inches (7’6”) to three (3) feet for a shed; and a rear yard setback variance from ten (10) feet to four (4) feet for a shed, in the R-1 (Single Family Dwelling) district, for property located on the south side of Citadel Drive, approximately 1,000 feet west of Lynchfield Avenue, and particularly known as 457 Citadel Drive, as described in the proof of publication, Damas De La Cruz, per staff’s recommendation, and approval of Decision of Appeal, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOA APPEAL/Salvatore Nunziata
Proof of publication, as shown on page ________, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to relocate an existing communication tower in the C-2 (Retail Commercial) district on property located on the southeast corner of the intersection of Markham Woods Road and Commerce Park Drive, Salvatore Nunziata, received and filed.
Kathy Hammel, Planning & Development, addressed the Board to review the purpose of the appellant appealing the BOA’s decision as outlined in the agenda memorandum. She stated improvements are being done to the intersection of I-4 and SR 434; and within one of the quadrants there is an existing communication tower that needs to be relocated in order to do the improvements to the intersections. The applicant has volunteered to design the tower as a flag pole and adhere to the standards of the United States concerning flying a flag on a communication tower. The applicant has agreed to upgrade the landscaping and compound structure as part of the application. The County requires an 8’ chain-link fence with barbed-wire and minimal landscaping. The applicant has agreed to an 8’ stone wall as well as upgrading the landscaping. The important thing on a staff level is the residential variances as the Code requires that the tower must be 300% of the height of the tower away from any residential property. The tower is 115 feet and requires no residential variances. She stated staff recommends that the Board uphold the decision of the BOA. She requested that the staff report be made part of the public record.
District Commissioner Van Der Weide congratulated staff for having the size of the flag in order.
Commissioner Horan stated he believes the biggest problem of the complainant is the tower is being moved closer to their property, that there may be a better place to move it and it may increase traffic on that property. Ms. Hammel stated she believes that is basically the appellant’s complaint per his appeal letter and testimony at the BOA hearing.
Upon inquiry by Commissioner Horan, Ms. Hammel advised the Florida Department of Transportation responded as to why they are putting the tower in this location rather than another location. She stated from the staff’s level, per the statutes, they cannot question the company’s business practices. Commissioner Horan confirmed that the location of the tower is a business judgment that the tower company has a right to make and that is not reviewable by the BCC.
Upon inquiry by Chairman Carey, Ms. Hammel advised FDOT purchased all of the property going to the north. Commissioner Carey stated her concern with the location is there is a big retaining wall for the trail system and to build another wall on top of that is not going to be attractive. She said she would like to know if staff could work with FDOT to try to move this to another location on the property that they already own. She added she is more concerned with the aesthetics of this.
Upon further inquiry by Chairman Carey, Ms. Hammel advised if the tower is moved further to the north, there is a possibility that will become an issue with the residential variance. She stated it is going to be very tight on the flexibility of where the tower can be placed.
Upon inquiry by Commissioner Henley, Ms. Hammel advised the existing tower is 120 ft. and has four carriers, and the proposed tower is 115 ft. with four carriers.
Beata Stys-Palasz, FDOT Project Manager, addressed the Board to display an aerial map (received and filed) of the Markham Woods Road and surrounding area and reviewed the plans of the center section. She informed Chairman Carey that the access off of Markham Woods Road will not change but it will change after they go up the hill. A copy of a photograph of the site was received and filed.
Upon inquiry by Chairman Carey, Ms. Palasz displayed an aerial map (received and filed) showing the location of the off ramp from I-4 and retention ponds and stated that FDOT owns the property to the north. She indicated where the water retention area will be located.
Lauralee Westine, representing American Tower Corp. (ATC) and FDOT, addressed the Board to display before and after photographs (received and filed) of the retaining wall and stated they are proposing to continue the existing wall all the way around.
Chairman Carey stated she is trying to determine what the retaining wall will look like when they put a wall and some Constantine wire around it.
Ms. Westine continued by reviewing the history of how they got here. She informed the Board that FDOT looked at four other locations as to whether they were wet, whether there was going to be a pond area or whether there will be access. This proposed piece of property was the safest area and it met all the setbacks. A land swap is currently being proposed. ATC is currently trying to get the existing tower down by October 31. The tower will be moved over 400 ft. from the existing tower. ATC has no objections to any of the conditions of approval or to the size of the flag or putting in specific language regarding removal and when it needs to be changed.
Ms. Westine displayed and reviewed photographs (received and filed) of the parking lot that is being used by trailhead users. She stated this parking lot will be eliminated and the overall concern is where the people in the building to the south will park. She displayed an aerial map of the building that will be eliminated and the parking lot. She reviewed what businesses are located near the area. She added there has been criticism of the people that designed the trailhead; but there are plenty of places within very close proximity to this to enter the trail. Plan sheets for the ramp, spec sheets for cross sections, the site plan, and an aerial map were received and filed.
Upon inquiry by Chairman Carey, Ms. Westine advised she has looked at other locations in this particular area. She said she visited the plaza to the east and there is no place to put a tower unless they float it in a pond.
Chairman Carey stated she wants to make sure that the areas of the Auto Sport, ABC and the gas station have been looked at as potential sites.
Salvatore Nunziata, appellant, addressed the Board to state he is opposed to the location of the communication tower. He stated he doesn’t know if the area where the gas station used to be has been looked at. His business, located at 1230 Commerce Park Drive, is contiguous to the proposed property site. His business has approximately 70 people working there and they do have a parking problem. He stated they had an agreement with Kobe Restaurant that they could use their parking lot for overflow parking during the day and the restaurant would use his parking lot for overflow parking during the evening.
Mr. Nunziata displayed and reviewed an aerial of the area and pictures of the existing structure (all were received and filed). He added the tower itself does not bother him but rather the equipment around it. He doesn’t know how the tower is compatible with the area, and he doesn’t believe it will help the value of the two small office buildings and privately-owned restaurants in the area. He displayed photographs (received and filed) looking northwest of the site and the view of Markham Woods Road. He said his company is a small business and he feels that they will be bearing the brunt of the potential loss on their building. He added if the tower is relocated, he would be willing to purchase the proposed site at a market price. A letter from Salvatore Nunziata, agendas for the BCC and BOA hearings as well minutes from the BOA hearing were received and filed.
Anthony Nunziata, 1929 Wingfield Dr., addressed the Board to state he is one of the co-owners of the building. He stated Markham Woods Road is a very picturesque road; and by putting the equipment along that road, it is going to stand out and it is going to be an eyesore. The tower is going to be right on the corner and it will be seen every time people drive up and down Markham Woods Road. He said he and his brother would be happy to purchase that lot.
Chairman Carey stated she understands that a land swap will be done; and if FDOT is going to have excess property, they will have to go through a process to dispose it. She stated that isn’t going to be a factor that the Board would consider, if FDOT would do it somewhere else.
Mr. Nunziata stated people that use the trail use the parking lot during the weekends and if that is gone, they will use his parking lot and that may cause some financial problems as far as liability issues. He stated he doesn’t understand why the area along the south side of SR 434, which is all open, has not been considered.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Upon inquiry by Commissioner Dallari, Ms. Westine advised the area on the south side of SR 434 is going to be landlocked and there will be no access.
Ms. Palasz discussed with Chairman Carey access to the office building that is behind the Auto Sport site and providing gated access.
Chairman Carey stated the size of the lot is not much different than what is left at the Auto Sport site and the utilities are there. She stated it will not cost FDOT more money if they land swap the property along the corner, or the property that they purchased across the street, or even the site that was purchased on the southeast corner (ABC Store or 7-11 Store).
Discussion ensued between Ms. Palasz and Commissioner Horan relative to one of the sites requiring a special exception from the local government and why FDOT decided to go with this alternative as opposed to another alternative. Ms. Palasz and Chairman Carey discussed the cross access easement located at the Mobil station along the corner.
Chairman Carey stated she would like to continue this item to the next meeting so the County can have an opportunity to discuss with FDOT as to whether or not there is an alternate location before the BCC makes a decision. She stated she feels an eight foot wall with Constantine wire around the top would be more appropriate at the location of the Auto Sport property.
Upon inquiry by Commissioner Dallari, Ms. Westine advised the representatives of the telecommunication tower have not looked at roofs of the office buildings. She stated ATC is either going to have to do a “take” on the whole tower or they will have to relocate it. She added the problem with placing the tower on a roof is there are four carriers and FDOT will have to end up buying out that tower as well as that stream of revenue.
Commissioner Horan stated he would be in favor of continuing this until other business or practical considerations between and among the parties are fully fleshed out.
Chairman Carey stated she wants to make sure that all of the options have been looked at.
District Commissioner Van Der Weide stated he has been following this all along and there have been a lot of discussions between the owners and the renters of those towers.
Chairman Carey stated the cross access easement has probably not been reviewed between the Mobil station and Auto Sport station. She stated people have looked at that site to access it from Douglas Avenue as excess property, and she feels there are a lot of things the County needs to look at to be sure they understand what the opportunity is.
Commissioner Horan stated the option involving the Federal Highway System was not pursued because it was perceived as being a more difficult way to go. He stated he would like to know how this complex situation plays out.
Ms. Westine stated she would like to obtain direction from the Board as to specifically what other sites they want her to look at.
Chairman Carey stated FDOT and ATC need to look at all the options in that sector. She stated she would like to know if there is room at the pond where the ABC Store and 7-11 were located as well as the Auto Sport area.
Ms. Westine stated there are four existing carriers on the tower and one of the tenants cannot move south.
Upon inquiry by Chairman Carey, Ms. Westine advised she will have her team members run maps in the area to the south across SR 434.
Chairman Carey stated FDOT has acquired a number of properties up and down the corridor. She stated she is not going to make a bad decision in order to appease one small group.
Motion by Commissioner Horan, seconded by Commissioner Henley to continue to August 14, 2012 the Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to relocate an existing communication tower in the C-2 (Retail Commercial) district on property located on the southeast corner of the intersection of Markham Woods Road and Commerce Park Drive, as described in the proof of publication, Salvatore Nunziata.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
Ms. Westine requested the Board to continue this item to a date other than August 14.
Motion by Commissioner Horan, seconded by Commissioner Henley to amend the motion to continue to August 28, 2012 at 1:30 p.m., or as soon thereafter as possible, the request for an Appeal of the Board of Adjustment’s decision to approve the request for a Special Exception to relocate an existing communication tower in the C-2 (Retail Commercial) district on property located on the southeast corner of the intersection of Markham Woods Road and Commerce Park Drive, as described in the proof of publication, Salvatore Nunziata.
Districts 1, 2, 3, 4 and 5 voted AYE.
CRA MASTER PLAN
Proof of publication, as shown on page ________, calling for a public hearing to consider an Ordinance modifying an update to the U. S. Highway 17-92 Corridor Community Redevelopment Plan, received and filed.
David Buchheit, U.S. Highway 17-92 CRA Program Manager, addressed the Board to present a request to approve an Ordinance modifying the U.S. Highway 17-92 Corridor Community Redevelopment Plan Update. He stated the Community Redevelopment Agency (CRA) Board approved the CRA Master Plan Update. Staff has presented the master plan to all the cities involved in the CRA and received concurrent acceptance from them. Staff recommends approval of the proposed ordinance.
No one spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Horan to adopt Ordinance #2012-16, as shown on page ________, modifying an update to the U. S. Highway 17-92 Corridor Community Redevelopment Plan, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley stated there have been a lot of good work and recommendations that went into this. He stated he would like consensus in putting priority on the sections dealing with economic development and regulatory rules. He said he feels this can be done in-house and it would give some direction to the County Manager and staff as to where to place their emphasis since there are so many recommendations in the update.
Commissioner Horan stated Mr. Sellen, VHB MillerSellen, has briefed each Board member; and what is particularly unique about this plan is it does have activity nodes, so the length of this particular CRA can be divided up without restructuring the CRA in such a way so that they can focus on creating a sense of place in economic development in various activity nodes.
CHAIRMAN’S REPORT
Chairman Carey reminded the Board that the Florida Association of Counties (FAC) staff is going to be here in the BCC Chambers on Thursday, July 26, 2012, at 9:30 a.m. Members from FAC will be attending and they will be addressing some current topics that have become issues with FAC.
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Chairman Carey updated the Board on the East Central Florida Regional Planning Council (ECFRPC) meeting on July 19, 2012. She stated ECFRPC hired Hugh Harling as the Executive Director.
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Chairman Carey stated that Workforce Central Florida announced on July 19, 2012 that the new Executive Director and President of Workforce Central Florida is Pamela Nabors. She stated the Interim Director Kevin Neal was named the Chief Operating Officer.
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Chairman Carey explained the reason why the flags are flying at half-staff is due to the tragedy in Aurora, Colorado. The Governor has asked the counties to fly at half-staff through sunset on July 25, 2012 due to the presidential proclamation that was passed.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1.
Letter (w/attachment) dated June 20, 2012, from
Harvey Ruvin, Clerk of the Courts, Miami-Dade County, to Chairman Carey RE:
copy of Resolution No. R-495-12 urging the Federal Government, the United
States Department of Agriculture, and the United States Food & Drug
Administration to ban the use of “pink slime” in meat products.
2.
Letter (w/attachment) dated June 20, 2012, from
Larry Volenec, Florida Power & Light, to Chairman Carey RE: the importance
of open communication during hurricane season.
Attachment: After the Storm: Restoring Your Power publication.
3.
Letter dated June 25, 2012, from Cathy Galavis,
Florida Department of Revenue, RE: Notification of Receipt of Property
Appraiser Budgets.
4.
Letter dated June 26, 2012, from Noranne Downs,
District Five Secretary, Florida Department of Transportation, to Chairman
Carey RE: funding of Various Projects Within Seminole County. C: BCC
Members, County Manager, Deputy County Manager, Public Works Director, County
Engineer, Assistant Public Works Director.
5.
Letter dated June 28, 2012, from Diane Pickett
Culpepper, Bright House Networks, RE: information on programming for Bright
House Networks customers.
6.
Copy of a letter (w/filing fee for appeal) dated
July 3, 2012, from Christopher Paul Roper of Akerman Senterfitt, to Chairman
Carey RE: Cornerstone Baptist Church
Request for Special Exception – Appeal from Decision of Board of
Adjustment. (Original and check to CMO
for action)
7.
Letter dated July 10, 2012, from Diane Pickett
Culpepper, Bright House Networks, RE: Hearst Television blacking out their
signal from Bright House Networks.
8.
Copy of a letter (w/enclosure) dated July 12, 2012,
from the Florida Department of Revenue to David Johnson, Seminole County
Property Appraiser, RE: Budget request for office operations for FY 2012/2013. C: BCC members
9.
Letter (w/enclosure) dated July 13, 2012, from U.S.
Representative John Mica to Chairman Carey RE: protection of the Second
Amendment, the right to bear arms.
10.
Letter dated July 16, 2012 from U.S. Representative
John Mica to Chairman Carey RE: the recent Supreme Court ruling on Obamacare,
HR 6079 – the Repeal of Obamacare Act, and HR 1179 – the Respect for Rights of
Conscience Act.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan stated the East Central Florida Regional Planning Council is in the process of implementing the $2.4 million HUD Sustainable Communities grant to assist in the development of transit around the East Central Florida SunRail stations. The implementation of that grant, through the Planning Council, is going to be particularly challenged given the size of their staff and capacity. The ECFRPC is working on a number of details with the Federal Government Council to make sure that the Planning Council can proceed to exercise and perform its obligations under that grant.
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Commissioner Horan stated he attended the first meeting of the Seminole County Public Schools Facility Planning Committee and they plan to meet again in October. He said they will be dealing with specific recommendations that will be implementing the new growth management laws that have come down. For example, they no longer have school concurrency and that has to be implemented through the new interlocal agreement. The committee will be coming up with recommendations as to how the School Board, the County and cities can work together to fully and efficiently utilize the school facilities to maximize the tax dollars.
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Commissioner Henley stated LYNX received a $3.6 million grant awarded from the FTA and that will allow them to replace 36 LYNX vehicles. It will also provide LYNX with some flexibility with other federal funds where they can expand their fleet of articulated buses as well as regular buses. Service will be started at the Lake Nona and Kissimmee areas from downtown Orlando as a result of a grant that they were able to receive from Secretary Downs (FDOT). He stated this is a two-year funding grant and it is a 50-50 match. Staff is working in the Lake Nona area and they have indicated that they are willing to help make that matching fund.
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Commissioner Dallari stated at the last MetroPlan meeting, the Turnpike Authority wanted to do a pilot program of putting a bicycle trail on SR 417 going across the Lake Jesup bridge. The Authority wanted to take the breakdown lane and convert it to a bicycle path. MetroPlan had concerns with regard to there being no true separation between the pedestrians riding a bicycle and a vehicle driving 65 mph except for a white line. MetroPlan continued this issue until the August meeting. He stated MetroPlan received a notice yesterday that the Turnpike Authority is pulling the pilot program and will try to do that project somewhere else. He stated once a bicyclist goes over the bridge, they would have to pay a $2.00 toll and they were trying to work that out with the Authority.
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Commissioner Dallari thanked Paul Watson, Building Official, for helping an individual with a roofing problem and another individual with a mobile home problem.
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Commissioner Dallari thanked Chief Deputy Clerk Bruce McMenemy and his staff for helping Marine PFC Zack Cladwell and his fiancé Sarah in getting married in June as he was being shipped out and they couldn’t wait the three-day waiting period.
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Commissioner Dallari requested an update on duplicate invoices on Risk Management.
Mr. Hartmann stated staff and the Clerk of Court are working on that. They have found that there are a number of issues and they are working together to come to a resolution.
Mr. Applegate stated he is very concerned about a few of the items and his office is staying on top of that.
COUNTY MANAGER’S REPORT
No Report.
COUNTY ATTORNEY’S REPORT
Mr. Applegate commended Melissa Clarke, County Attorney’s Office; and Nicole Guillet, Economic and Community Development Services; and Planning staff for the special magistrate process for the code enforcement issues as the backlog is being reduced.
ITEMS FOR FUTURE AGENDA
John Casselberry addressed the Board to speak with regard to connectivity of railroads that was discussed at the MetroPlan meeting. He also discussed recreational boating on the St. Johns River and the boats coming from the Brevard area as well as south of Lake Harney and Lake George.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:58 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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