BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

September 9, 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, September 9, 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 Court & Comptroller Maryanne Morse (late)

     Acting County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Eva Roach

 

 

     Jocelyn Williamson, Central Florida Freethought Community, Oviedo, gave the Invocation.

     Commissioner Henley led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Veritas Recruiting Group was presented.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution #2014-R-168, as shown on page ________, recognizing Rob Fulbright for his demonstration of solid character traits, leadership, and vision in making Seminole County a healthier place to live, work and raise a family, and for being the recipient of the Leadership Legends Award for 2014.

     Clerk of Court & Comptroller Maryanne Morse entered the meeting at this time.

Districts 1, 2, 3, 4 and 5 voted AYE.

     The Board presented the Resolution to Mr. Fulbright, who addressed the Board to express his appreciation and to thank the Board for the support they have shown.

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Motion by Commissioner Horan, seconded by Commissioner Henley to adopt a Proclamation, as shown on page ________, proclaiming the month of September 2014 as "Childhood Cancer Awareness Month" in Seminole County.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Chairman Dallari recessed the meeting of the Board of County Commissioners at 9:46 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).

U.S. HWY 17-92 CRA

Sonia Fonseca, U.S. 17-92 CRA Program Manager, addressed the Board to present request to approve a U.S. 17-92 CRA Mini-Grant Agreement between the U.S. 17-92 Community Redevelopment Agency (CRA) and Michael Tangel, in the amount of $1,750, for new signage on property located at 1910 S. French Avenue, known as Tangel Square; and the associated Resolution implementing Budget Amendment Request (BAR) #14-072 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants.  She stated the Technical Advisory Committee (TAC) and staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Horan, seconded by Commissioner Carey to approve a U.S. 17-92 CRA Mini-Grant Agreement, as shown on page _______, between the U.S. 17-92 Community Redevelopment Agency (CRA) and Michael Tangel, in the amount of $1,750, for new signage on property located at 1910 S. French Avenue, known as Tangel Square; and adopt appropriate Resolution #2014-R-170, as shown on page _______, implementing Budget Amendment Request (BAR) #14-072 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Ms. Fonseca presented request to approve a U.S. 17-92 CRA Mini-Grant Agreement between the U.S. 17-92 CRA and Herdor, LLC in the amount of $5,000 for new signage, on property located at 3818-3848 S. Orlando Drive, known as Village Market Place; and associated Resolution implementing Budget Amendment Request (BAR) #14-073 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants.  She stated the TAC and staff recommends approval of the request.

No one spoke in support or in opposition.

Motion by Commissioner Horan, seconded by Commissioner Carey to approve a U.S. 17-92 CRA Mini-Grant Agreement, as shown on page _______, between the U.S. 17-92 CRA and    Herdor, LLC in the amount of $5,000 for new signage on property located at 3818-3848 S. Orlando Drive, known as Village Market Place; and adopt appropriate Resolution #2014-R-171, as shown on page ________, implementing Budget Amendment Request (BAR) #14-073 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Ms. Fonseca presented request to approve a U.S. 17-92 CRA Mini-Grant Agreement between the U.S. 17-92 CRA and Al’s Army Navy Store, Inc. in the amount of $4,500 for new signage on property located at 1401 S. French Avenue and the associated Resolution implementing Budget Amendment Request (BAR) #14-074 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants.  She stated the TAC and staff recommends approval of the request.

No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Horan to approve a U.S. 17-92 CRA Mini-Grant Agreement, as shown on page _______, between the U.S. 17-92 CRA and Al’s Army Navy Store, Inc. in the amount of $4,500 for new signage on the property located at 1401 S. French Avenue; and adopt appropriate Resolution #2014-R-172, as shown on page _______, implementing Budget Amendment Request (BAR) #14-074 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants. 

     Under discussion, Commissioner Carey advised that this item as well as the Michael Tangel item is located in District 5 and not District 4. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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Ms. Fonseca presented request to approve a U.S. 17-92 CRA Mini-Grant Agreement between the U.S. 17-92 CRA and Reeco Properties, LLC in the amount of $5,000 for resealing and restriping of the parking lot on property located at 401-409 N. 17-92, 485 & 495 N. 17-92, and 1055 & 1065 Nursery Road, known as Nursery Road Warehouses; and the associated Resolution implementing Budget Amendment Request (BAR) #14-076 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants.  She stated the TAC and staff recommends approval of the request.

No one spoke in support or in opposition.

     Commissioner Carey advised that this item is located in District 5.

Motion by Commissioner Carey, seconded by Commissioner Horan to approve a U.S. 17-92 CRA Mini-Grant Agreement, as shown on page _______, between the U.S. 17-92 CRA and Reeco Properties, LLC in the amount of $5,000 for resealing and restriping of the parking lot, on property located at 401-409 N. 17-92, 485 & 495 N. 17-92, and 1055 & 1065 Nursery Road, known as Nursery Road Warehouses; and adopt appropriate Resolution #2014-R-173, as shown on page ________, implementing Budget Amendment Request (BAR) #14-076 providing funding from the 17-92 CRA Fund, Contingency Reserve for Mini-Grants. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Ms. Fonseca presented request to approve a revision to the CRA Redevelopment and Construction Grant Agreement between Dick Baird, Inc., d/b/a Bill Ray Nissan, and the U.S. 17-92 CRA, relating to redevelopment of the property located at 2724 U.S. Hwy 17-92, revising Section 4(e) on page 6, 14(a) on page 9, and extending the project completion date until December 31, 2015.  She stated staff recommends approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Henley, seconded by Commissioner Carey to approve a Revision, as shown on page ________, to the CRA Redevelopment and Construction Grant Agreement between Dick Baird, Inc., d/b/a Bill Ray Nissan, and the U.S. 17-92 CRA, relating to redevelopment of the property located at 2724 U.S. Hwy 17-92, revising Section 4(e) on page 6, 14(a) on page 9, and extending the project completion date until December 31, 2015.

     Under discussion and upon inquiry by Commissioner Constantine, Ms. Fonseca discussed the recommendation that the operation remain an auto dealership for a minimum of five years, and a five-year maintenance agreement subject to payback and approval of this request.  She stated improvements have to be maintained for five years.

     Commissioner Constantine stated this is an extension of an agreement that was made on December 13 and it is hard to go back on agreements once work has begun.  He asked if staff looked into the possibility that once the improvements were made over a period of time and then if the property is sold, whether there is an investment return for the value added on the property back to the citizens of Seminole County. 

     Ms. Fonseca stated there was previously another grant agreement that included an assignment subsequent to a transfer.  Therefore, if anyone acquires the property, they would be equally responsible for maintaining the improvements. 

     Commissioner Constantine stated if the property is sold, the value added would go directly to the owner; but he would like to know if there are provisions where the taxpayers will receive any benefits back into their pockets if the property is sold. 

     Nicole Guillet, Acting County Manager, stated that kind of provision is not included in this type of incentive agreement.  She stated the improved quality along 17-92 is still retained as well as the increase in the tax base, which sustains the CRA trust fund.  Those benefits remain with the County regardless of who owns the property. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Chairman Dallari adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:03 a.m., and reconvened as the Board of County Commissioners.

COUNTY MANAGER’S CONSENT AGENDA

     Nicole Guillet, Acting County Manager, stated staff is requesting that Item #17, Approve Amendment to SS-601200-11, be pulled from the agenda. 

     Commissioner Constantine requested that Items #9, Approve Happy Acres Minor Plat, and #19, Award #RFP-602014-14, be pulled for a separate vote. 

     No one spoke in support or in opposition.

Motion by Commissioner Constantine, seconded by Commissioner Carey to authorize and approve the following:

Community Services

Community Assistance Division

7.  Approve and authorize the Chairman to execute the Federally-Funded Subgrant Agreement, as shown on page ________, for the 2014/2015 Community Services Block Grant Award between the State of Florida Department of Economic Opportunity and Seminole County in the amount of $214,124 to assist low-income County residents.

Community Development Division

8.  Approve and authorize the Chairman to execute Certification Forms, as shown on page ________, for the State Housing Initiatives Partnership Program (SHIP) Annual Performance Report (APR).

 

Environmental Services

Business Office

10.  Approve request for Termination of Conditional Utility Agreements, as shown on page ________, for Water & Wastewater and Recapture of Reserved Capacity for the project known as Westlake Promenade.

Solid Waste Management Division

11.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page ________, for GLE Scrap Metal-Florida, Inc., effective from October 1, 2014 through September 30, 2015.

 

 

 

 

Public Safety

Business Office

12.  Approve and authorize the Chairman to execute the Intergovernmental Communications Tower Lease Agreement, as shown on page ________, between Seminole County and the Florida Department of Agriculture and Consumer Services, Florida Forest Service, to benefit radio communications for fire operations.

 

Public Works

Engineering Division

13.  Approve and authorize the Chairman to execute an Amendment, as shown on page ________, to the Interlocal Agreement creating the Orlando Urban Area Metropolitan Planning Organization d/b/a MetroPlan Orlando.

 

Resource Management

Budget and Fiscal Management Division

14.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-174, as shown on page ________, implementing Budget Amendment Request (BAR) #14-112 through the General Fund to reallocate $25,940 of the operating budget for the purchase of two mosquito control foggers.

15.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-175, as shown on page ________, implementing Budget Amendment Request (BAR) #14-113 through the General Fund to reallocate $9,877 of the operating budget for the purchase of a 72" Skid Steer Cutter mower.

16.  Approve and authorize the Chairman to execute appropriate Resolution #2014-R-176, as shown on page ________, implementing Budget Amendment Request (BAR) #14-115 through the Fire Protection Fund and the Fire Renewal & Replacement Fund in the amount of $4,409,400 to transfer budget for the purchase of EMS/Fire/Rescue related fleet equipment.

Purchasing & Contracts Division

17.  Pulled from the agenda request to approve Amendment #3 to SS-601200-11/BJC, Seminole County's P25 Radio System Migration, in the revised contract amount of $15,505,259 to Motorola Solutions, Inc., a Delaware Corporation.

18.  Adopt appropriate Resolution #2014-R-177, as shown on page ________, to update and provide changes to "Purchasing Policies" of the Seminole County Administrative Code, Section 3.55, amending the evaluation committee membership to allow for two members of the Seminole County Tourism Development Council to sit on evaluation committees for selection of Marketing/Advertising firms.

20.  Award RFP-602065-14/TLR, as shown on page ________, Information Service Desk & Desk Side Computer Support Services Agreement to Vitil Solutions, Inc., Sarasota, in the amount of $887,500 per year; and authorize the Purchasing & Contracts Division to execute the Agreement.

21.  Award CC-9660-14/RTB, as shown on page ________, Apple Valley Interconnects Phase III Construction Services Agreement in the amount of $420,956.55 to Affordable Development, a division of Driveways, Inc., Titusville; and authorize the Purchasing & Contracts Division to execute the Agreement.

22.  Award Master Services Agreements (MSAs) for RFP-9601-14/AMM, as shown on page ________, SCADA Asset Renewal, Rehabilitation, and Replacement Services to DCR Engineering Services, Inc., Mulberry, and Revere Control Systems, Inc., of Birmingham, AL; and authorize the Purchasing & Contracts Division to execute the MSAs. (Estimated Annual Usage of $450,000.00)

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Request to approve the Happy Acres Minor Plat for property located on the west side of Markham Woods Road, approximately 770 feet south of Ibis Road, and more particularly known as 850 Markham Woods Road, Frank Arnold, was presented.

     At the request of Commissioner Constantine, Denny Gibbs, Development Services, addressed the Board to advise that Happy Acres is a Minor Plat creating four lots and is almost three miles from the river.  She stated when each lot comes in, each one will have to show that 50% of the trees will be retained. 

     Commissioner Constantine stated when they are dealing with the Wekiva Springs Protection Area with houses to the west and the road to the east, staff needs to be cognizant in working with the property owner that there are incidents where they are taking the wildlife’s habitats. 

     Ms. Gibbs stated the property owner will go for a building permit for each house.

     Commissioner Constantine recommended that staff work with the developer to see what they can do to preserve that area as much as they can.

     Commissioner Carey stated this is a one-unit-per-acre development and those that live in that area have learned to live amongst the animals.  She stated the County has wildlife safety brochures and anyone that applies for a permit that lives in that corridor should be given that information, along with their permit, as to how to live with the animals.  Ms. Gibbs stated staff can provide the brochure to those obtaining a permit.

     Motion by Commissioner Constantine, seconded by Commissioner Horan to approve the Happy Acres Minor Plat for property located on the west side of Markham Woods Road, approximately 770 feet south of Ibis Road, and more particularly known as 850 Markham Woods Road, Frank Arnold.

     Districts 1, 2, 3, 4 and 5 voted AYE.

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     Request to award RFP-602014-14/GMG, Contractor Services Agreement for Processing and Marketing of Recyclable Materials to Sun Recycling, LLC, was presented.

     Commissioner Constantine explained how local governments throughout the state are looking at the 75% recycling program being implemented.  At the request of Commissioner Constantine, Johnny Edwards, Solid Waste Manager, addressed the Board to advise that the contract on today’s agenda is to continue processing of the residential recyclables.  He discussed the construction debris and demolition, which is a large portion of the recycling stream.  Discussion ensued regarding the possibility of the elderly using smaller or rolling carts as they are having difficulty using the larger recycling drums. 

     Motion by Commissioner Constantine, seconded by Commissioner Carey to award RFP-602014-14/GMG, as shown on page ________, Contractor Services Agreement for Processing and Marketing of Recyclable Materials to Sun Recycling, LLC; and authorize the Purchasing & Contracts Division to execute the Agreement.

     Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY ATTORNEY’S CONSENT AGENDA

     Bryant Applegate, County Attorney, presented request to approve the Amended and Restated Agreement for Disclosure Counsel Services among the Clerk, the Board, and Holland & Knight, LLP.  He stated this is an extension for one year with three one-year renewals.  The Clerk is also being added as an additional party so that the disclosure counsel can work with County staff and the Clerk’s office on disclosure and reporting issues.

     Commissioner Carey stated the reason they are adding the Clerk is they have assumed the operational responsibility and the oversight of both bond issuances and due diligence in disclosure matters.  She stated if the financial people are well versed in the bond business, this is a departure from the usual course of how they do business.  This is an obligation that the County has to make sure they have done the proper due diligence process to the bondholders to ensure that everything is correct.  She concluded that she understands the reason they are doing this; but she would like to make sure that, if it ever comes back, they have that skill set in-house as it should be the County’s primary function with oversight by the Clerk.

     Motion by Commissioner Carey, seconded by Commissioner Horan to approve and authorize the Chairman to execute the Amended and Restated Agreement, as shown on page _______, for Disclosure Counsel Services among the Clerk, the Board, and Holland & Knight, LLP, in connection with its bond offerings as well as providing assistance as required for periodic, post issuance continuing disclosure requirements.

     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 Office

24.  Approval of Expenditure Approval Lists, as shown on page ________, dated August 4 and 11, 2014; and Payroll Approval List, as shown on page ________, dated August 14, 2014; approval of BCC Official Minutes dated August 12, 2014; and noting, for information only, the following Clerk's "Received and Filed":

 

1.    Work Order #71, as shown on page ________, to PS-3914-08.

 

2.    Change Order #3, as shown on page ________, to Work Order #6 to RFQ-5888-10.

 

3.    Change Order #5, as shown on page ________, to CC-8105-12.

 

4.    Change Order #4, as shown on page ________, to CC-8160-12.

 

5.    Amendments, as shown on page ________, to Utility Agreements for water and sewer service with JTD Land at Aloma Trails for the project known as Aloma Trails.

 

6.    Work Order #11, as shown on page ________, to PS-7643-12.

 

7.    Work Order #12, as shown on page ________, to PS-7643-12.

 

8.    Change Order #1, as shown on page ________, to Work Order #18 to CC-8199-12.

 

9.    Amendment #2, as shown on page ________, to Work Order #14 to RFP-3261-08.

 

10.    Work Order #14, as shown on page ________, to CC-9192-13.

 

11.    Work Orders #9, #10 and #12, as shown on page ________, to CC-9192-13.

 

12.    Neighborhood Stabilization Program Corrective Mortgage Deed, as shown on page ________, for Rescue Outreach Mission of Central Florida.

 

13.    Developer’s Commitment Agreement, as shown on page ________, for Aloma Trails.

 

14.    Maintenance Bond #929597569, as shown on page ________, in the amount of $71,182.11 for the project known as Lake Markham Landing.

 

15.    Amendment #5, as shown on page ________, to Work Order #42 to PS-4388-09.

 

16.    Amendment #1, as shown on page ________, to Work Order #2 to PS-8286-13.

 

17.    Work Order #10, as shown on page ________, to PS-8286-13.

 

18.    Amendment #1, as shown on page ________, to Work Order #17 to PS-2468-07.

 

19.    Amendment #2, as shown on page ________, to Work Order #1 to PS-7105-11.

 

20.    Change Order #9, as shown on page ________, to Work Order #2 to RFQ-5888-10.

 

21.    Work Order #21, as shown on page ________, to CC-8199-12.

 

22.    Change Order #13, as shown on page ________, to CC-6877-11.

 

23.    Amendment #3, as shown on page ________, to Work Order #1 to PS-5738-10.

 

24.    Amendment #1, as shown on page ________, to Work Order #2 to PS-8005-12.

 

25.    Work Order #69, as shown on page ________, to PS-3914-08.

 

26.    Work Order #71, as shown on page ________, to PS-4388-09.

 

27.    Change Order #1, as shown on page ________, to CC-9218-14.

 

28.    Work Order #1, as shown on page ________, to PS-8827-13.

 

29.    Change Order #3, as shown on page ________, to CC-9166-14.

 

30.    Work Order #72, as shown on page ________, to PS-4388-09.

 

31.    Home Ownership Assistance Home Program Rehabilitation Assistance Mortgage Deeds, as shown on page ________, for Mary E. Debose a/k/a Mary L. Debose and Bertha P. Brown.

 

32.    Home Ownership Assistance Program Corrective Mortgage Deed, as shown on page ________, for Sweetie Williams.

 

33.    Right-of-way Utilization Maintenance Bonds, as shown on page ________, for the following:  #1025793 in the amount of $5,417.13 for the project known as Eden Point, and #41271615 in the amount of $2,263.90 for the project known as Quest Facility Sanitary Connection (Raymond Ave. & Citrus St.).

 

34.    Cash Maintenance Bond, as shown on page ________, in the amount of $36,769.18 for the project known as Northview Student Housing.

 

35.    Private Road Maintenance Bonds, as shown on page ________, for the following:  #0629310 in the amount of $97,184.40 for the project known as Reserve at Alaqua, and #SU1128366 in the amount of $285,482.92 for the project known as Steeple Chase a/k/a L&L Acres.

 

36.    Amendment #4, as shown on page ________, to Work Order #15 to PS-1529-06.

 

37.    Change Order #8, as shown on page ________, to RFP-7760-12.

 

38.    Change Order #1, as shown on page ________, to CC-9140-13.

 

39.    Work Order #70, as shown on page ________, to PS-3914-08.

 

40.    Amendment #1, as shown on page ________, to Work Order #2 to CC-9192-13.

 

41.    Bids as follows:  RFP-602035-14; CC-6690-14; CC-9126-13; CC-9327-14; IFB-602046-14; and RFP-602014-14.

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY MANAGER AND STAFF BRIEFINGS

The Board noted, for information only, the Informational Budget Transfer Status Report – FY 2013/14 (July 2014).

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     Joe Forte, Deputy County Manager, presented a request for a proposed land swap with New Tribes Mission, Inc. (NTM) for properties located on San Carlos Avenue and on Second Street.  He stated it was brought to his attention 1½ years ago that NTM’s lease agreement for this property has not been renewed since 1999 even though they continue to use the property for a playground.  He stated a representative from NTM suggested swapping the property that the County owns on San Carlos Avenue with the property that NTWM owns on Second Street.  The properties were appraised and the difference in the values of the parcels is about $1,600.  He recommended the Board authorize staff to proceed with the advertisement of the terms and conditions of the proposed exchange of property once a week, for at least two weeks, and to schedule, as an agenda item for a future Board meeting, a resolution and agreement for consideration and adoption by the BCC.  He displayed and reviewed an aerial map of the proposed properties. 

     Upon inquiry by Commissioner Carey, Mr. Forte advised NTM would own the northern half of the block and the County would own the south half of the block.

     Motion by Commissioner Carey, seconded by Commissioner Henley to authorize staff to proceed with the advertisement of the terms and conditions of the proposed exchange of property with NTM once a week, for at least two weeks, in accordance with the provisions of Section 125.37 Florida Statutes; and authorize staff to schedule, as an agenda item for a future Board meeting, a resolution and agreement for consideration and adoption by the BCC.

     Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY ATTORNEY’S BRIEFING

     Mr. Applegate informed the Board that he has submitted the two-month report of tasks completed for their review.

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     Mr. Applegate stated that he has been asked to speak at Winter Springs High School next Monday on Constitutional Law Week by the Daughters of the American Revolution.

PUBLIC HEARINGS

     Chairman Dallari stated the applicant is requesting that Item #29, San Pedro Center PD Major Amendment and Rezone, be continued.

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     Chairman Dallari reminded the Board of the Oxford Road Redevelopment Work Session at 10:30 a.m. in Room 3024.

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     Chairman Dallari recessed the meeting at 10:23 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 Erin Leben, who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

SECLUDED LAKES ESTATES CONSERVATION EASEMENT

VACATE/Tri3 Civil Engineering Design Studio, Inc.

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider request to adopt a resolution vacating and abandoning the portions of the platted conservation easement between Elevation 47 (NAVD88) and Elevation 45 (NACD88) established in Plat Book 60, Page 57-58; for property located approximately 300 feet east of Markham Woods Road, and more particularly known as 3535 Michigan Street, Tri3 Civil Engineering Design Studio, Inc., received and filed.

     Denny Gibbs, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  She advised that staff recommends approval of the request.

     Constance Owens, representing the applicant, addressed the Board to offer her assistance in answering any questions the Board may have.

     Upon inquiry by Commissioner Carey, Ms. Owens advised they are just shy of having three acres of buildable land.  She stated the applicant currently has two legal lots, but would like to have a third legal lot.  She explained that with the vacation of a portion of the easement, the applicant will have enough to have three acres of buildable land to add one lot. 

     Upon further inquiry by Commissioner Carey, Ms. Owens confirmed that there is currently a home on Lot 1.  She advised that they are looking at reconfiguring Lot 1 slightly to provide access to Michigan Street. 

     No one spoke in support or in opposition.

     Upon inquiry by Commissioner Carey, Brett Blackadar, County Engineer, addressed the Board to explain it is his understanding that the reason the Letter of Map Amendment from FEMA they only addressed Lot 1 is because that was the only one that had a structure on it.  He explained that once the determination was made for the new elevation, the Letter of Map Amendment applies to anywhere on that floodplain area so it would apply to Lot 2. 

     Upon further inquiry by Commissioner Carey, Mr. Blackadar stated that when the applicant comes in to do a lot split, they have to submit a stormwater management plan and will have to show how they are going to treat the additional runoff so it will not negatively impact the sites around it. 

     Motion by Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-178, as shown on page ______, vacating and abandoning the portions of the platted conservation easement between Elevation 47 (NAVD88) and Elevation 45 (NACD88) established in Plat Book 60, Page 57-58; for property located approximately 300 feet east of Markham Woods Road, and more particularly known as 3535 Michigan Street,  as described in the proof of publication, Tri3 Civil Engineering Design Studio, Inc.

Districts 1, 2, 3, 4 and 5 voted AYE.

ROCK & BREWS SIGN VARIANCE/

Scott J. Paul

 

     Proof of publication, as shown on page ________, calling for a public hearing to consider request for a wall sign variance from 100 square feet to 169.875 square feet; and a maximum total sign copy area variance from 157 square feet to 217 square feet, located on the south side of Red Bug Lake Road, approximately 476 feet east of Mikler Road, and more particularly described at 7131 Red Bug Lake Road, Scott J. Paul, received and filed.

     Cynthia Sweet, Development Services, addressed the Board to present the request as outlined in the Agenda Memorandum.  She advised that based on findings, staff recommends approval of the request based on the following conditions:  1) the guitar logo sign shall not exceed 127 square feet of copy area, 2) the entrance door wall sign shall not exceed 42.875 square feet of copy area, and 3) the ground monument sign shall not exceed 46.66 square feet of copy area.

     Upon inquiry by Chairman Dallari, Ms. Sweet advised that the difference in elevation between the road and the property is roughly 3.28 feet. 

     Scott J. Paul, applicant, addressed the Board to offer his assistance in answering any questions. 

Letter dated August 20, 2014 from Red Bug Residential Coalition was received and filed.

     No one spoke in support or in opposition.

     District Commissioner Dallari recommended approval based upon staff’s recommendations. 

     Motion by Commissioner Horan, seconded by Commissioner Carey, to approve the request for a wall sign variance from 100 square feet to 169.875 square feet; and a maximum total sign copy area variance from 157 square feet to 217 square feet for the Rock & Brews Restaurant, located on the south side of Red Bug Lake Road, approximately 476 feet east of Mikler Road, and more particularly described as 7131 Red Bug Lake Road, with the staff’s recommended conditions of approval as noted, and approval of the Development Order, as shown on page ______, as described in the proof of publication, Scott J. Paul.

     Districts 1, 2, 3, 4 and 5 voted AYE.

SAN PEDRO CENTER PD AMENDMENT &

REZONE/Alberto Bustamante, III

     Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of a Major Amendment to the San Pedro Center PD (Planned Development); the associated Rezone from PD (Planned Development) to PD (Planned Development); and associated Amended & Restated Development Order for 468.23 acres located on the north side of Howell Branch Road, approximately 400 feet east of Jergo Road, more particularly known as 3299 Howell Branch Road, Alberto Bustamante, III, received and filed.

     Brian Walker, Development Services, addressed the Board to state the applicant is requesting a continuance to the September 23, 2014 BCC Meeting. 

     Alberto Bustamante, III, applicant, addressed the Board to state they are working with neighbors and tweaking the plan so they can come back before the Board at the next meeting.

     Jon Jones, 1595 Lawndale Circle, addressed the Board to ask when the proposed changes will be available to the public.  Chairman Dallari stated it should be available before the next meeting, but staff will get that information to Mr. Jones.

     Upon inquiry by Mr. Jones, Chairman Dallari advised it is possible for there to be another continuance at the next meeting, but it is at the discretion of the applicant. 

     Regarding Mr. Jones’ inquiry about impact on traffic, schools, and other infrastructures, Chairman Dallari advised staff would answer those questions.  Ms. Guillet advised that if Mr. Jones provides Mr. Walker his contact information, staff will provide him information as it becomes available.  She added if there is any information on additional continuances, staff can contact him directly. 

     Sylvia North, 1038 Lundy Court, addressed the Board to state she was distressed to hear about this proposal, as it is a pristine area and the traffic would be greatly increased. 

     Upon inquiry by Ms. North, Chairman Dallari advised that if the continuance is granted, there will be no more discussion on this item today, and there have not been any recent meetings regarding this item.

     Commissioner Carey advised that there was a Development Order established previously for this property. 

     Ms. North stated she is strongly in opposition of this item. 

     No one else spoke in support or in opposition.

     Speaker Request Forms and Written Comment Form were received and filed.

     District Commissioner Dallari recommended approval of the continuance.

     Motion by Commissioner Carey, seconded by Commissioner Horan, to continue to September 23, 2014 at 1:30 p.m., or as soon thereafter as possible, request to consider adoption of a Major Amendment to the San Pedro Center PD (Planned Development); the associated Rezone from PD (Planned Development) to PD (Planned Development); and associated Amended & Restated Development Order for 468.23 acres located on the north side of Howell Branch Road, approximately 400 feet east of Jergo Road, more particularly known as 3299 Howell Branch Road, as described in the proof of publication, Alberto Bustamante, III.

Districts 1, 2, 3, 4 and 5 voted AYE. 

Chairman Dallari requested Mr. Bustamante and Mr. Walker relay to the citizens the existing rights that the property owner currently has to develop the property.

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Chairman Dallari recessed the meeting at 2:34 p.m., reconvening at 2:39 p.m.

CHAIRMAN’S REPORT

Chairman Dallari referred to the White Paper regarding recyclables that was provided to the Commissioners last week.  He stated that he would like to see how recycling affects the landfill in the analysis that the Solid Waste Division will be doing over the next few months.  Even though they are not putting materials into the landfill, he wants to know how recycling financially affects the landfill, pro and con, as well as the percentages of either single stream or dual stream and how much recyclable materials are saved and not saved.  Chairman Dallari stated he would like to ensure that all of the materials that are being defined as recyclable are recyclable, and he wants to understand all the numbers and economics.

Upon inquiry by Commissioner Constantine, Mr. Edwards stated that in unincorporated Seminole County, they put all the materials, mixed together, in a bin at the side of the street and the hauler sorts them at the curb. 

Commissioner Constantine expressed that he would like staff and the haulers to research carts that people can use to wheel their recycling bins as opposed to carrying them, which would help the elderly. 

Commissioner Carey stated that the cost of picking up garbage would increase drastically if they go to the sizes that will require automation on the part of the haulers.  She noted there are probably carts that hold recycle bins in the industry and suggested they talk to their haulers about some special pricing so they can offer them to their customers.

Upon inquiry by Commissioner Carey regarding the discussion about the recyclables being separated at the road, Mr. Edwards advised if they go to single stream, they would no longer use that method.  He stated it would require a different type of truck to pick up single-stream containers.  Commissioner Carey stated she thinks that would affect the revenues at the landfill dramatically.

Chairman Dallari stated the City of Oviedo has lost $50,000 on average per year by going to single stream.

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Chairman Dallari distributed a letter (received and filed) from Jackie Buckland addressed to Chief Mims expressing her appreciation of the EMTs from Engine 43 and Rescue 14 for the excellent care she received on June 3rd. 

Upon inquiry by Commissioner Carey, Chairman Dallari advised he will ensure a copy of the letter is put in the personnel files of the six officers that were involved in the rescue.

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Chairman Dallari stated he is planning a trip to Tallahassee referencing the Department of Environmental Protection (DEP) regarding Lake Jesup as well as the Wekiva Basin and Total Maximum Daily Loads (TMDL).  He advised that he has been informed there are funds available and would like to explore that avenue.  The Board voiced no objections.

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

1.    Letter dated August 25, 2014, from Ellen Avery-Smith, Rogers and Towers, Attorneys at Law, to Chairman Robert Dallari RE: San Pedro Development.

 

2.    Letter dated August 26, 2014, from Marva Johnson, Bright House Networks, to Chairman Robert Dallari RE: Upcoming programming changes to Bright House Networks customers. 

 

3.    Copy of letter dated August 27, 2014, from David Johnson, Seminole County Property Appraiser, to Ray Valdes, Seminole County Tax Collector RE: Authorization for the collection of the 2014 tax rolls prior to the completion of the Value Adjustment Board Hearings, Section 197.323, F.S.

 

4.    Letter dated August 28, 2014, from Larisa Perry, Wells Fargo Bank, to Chairman Robert Dallari RE: Wells Fargo’s awarding of two grants to “Environmental Solutions for Communities” grants in Central Florida.

 

5.    Copy of letters dated August 28, 2014, from Chairman Robert Dallari to Matt Brown, Michael Caraway, Kyle Kilger, Thomas Kuhn, Dana McBroom, Michael McLean, Cliff Miller and William Poe RE: Consideration of approval of the Seminole County Port Authority (SCOPA) proposed FY 2014-2015 budget.

 

6.    Letter dated September 2, 2014, from Ray Valdes, Seminole County Tax Collector, to Chairman Robert Dallari and Board of County Commissioners RE: Authorization for the collection of the 2014 tax rolls prior to the completion of the Value Adjustment Board Hearings, Section 197.323, F.S.

 

7.    Letter dated September 5, 2014, from Ellen Avery-Smith, Rogers and Towers, Attorneys at Law, to Chairman Robert Dallari RE: San Pedro Development/Proposed Neighborhood Compatibility Mitigation Measures.

 

8.    Notice with attachment of Public Hearing received September 8, 2014, from City of Lake Mary RE: Consideration of a site for a proposed office building for Premier Association Management located at 3112 W. Lake Mary Boulevard.

 

DISTRICT COMMISSIONERS/COMMITTEE REPORTS

     Commissioner Carey submitted her ex parte communications regarding Item 29 (received and filed), San Pedro Amendment & Rezone.

     Commissioner Carey stated she attended the Central Florida Commission on Homelessness meeting on Thursday, August 28th.  She stated the County is a little bit ahead of most of the other jurisdictions and wanted to commend staff on taking the lead and moving forward.

     Commissioner Carey stated the regional board has concluded that every community has a different scenario in dealing with the homeless.  She advised they will be breaking into committees with the private and public sector that are serving on the regional board and having committee meetings locally to discuss how to address this.  She said she has had a number of calls recently regarding panhandling in the unincorporated Seminole County areas and she would like to have the County Attorney look into a panhandling ordinance.  Commissioner Constantine stated he has had several phone calls regarding panhandling so he is happy to see that the County Attorney will be looking into this.  Discussion ensued. 

     Commissioner Horan stated that he also received phone calls regarding this issue and he has an appointment with Lieutenant Smithey of the Seminole County Sheriff’s Office on this particular issue.  He stated the County Attorney provided him with some similar ordinances that are used in other counties per his request. 

     Chairman Dallari advised he will be taking a trip to Houston with the region regarding the issue of homelessness.  Houston has been able to reduce their homeless population by 30%.

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     Commissioner Carey reported that at the Sanford Airport Authority Board meeting on September 2nd, they announced that travel is up five percent over last year and Allegiant Airlines continues to add more flights, which is good for the economy.  She added that international travel has also increased.  Regarding the possible exchange of the Airport’s property on Lake Mary Boulevard for a portion of County property, Commissioner Carey advised that under discussion at the Airport Authority board meeting held in September, she informed them that the County wasn’t going to tell them how to use the property the County was exchanging with them and the County did not want them to try to control the use of what the County would see best for this particular piece they were trading.  She advised they approved moving forward with some conditions. 

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     Commissioner Horan stated he attended a Parks and Preservation Advisory Committee meeting on August 27th.  He advised they are trying to put together a proposed Master Plan for Blueways, which pertains to how to utilize the waterways, particularly the Econ River. 

     Commissioner Horan advised they also discussed the Sports Complex, to which he emphasized the importance of the Committee’s connection to the community.  He added if there is anything the Committee would like to recommend, they need to come forward with some kind of plan. 

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     Commissioner Constantine advised that Winter Springs High School will be having an event for Constitutional Week on September 15th, and on the 12th, the Pathways for Care will have a Rededication for Veterans.

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     Commissioner Henley advised that his fellow Commissioners will be receiving an invitation from the Citizen Action Committee for the Rolling Hills Golf Club to attend a meeting where they will be given five minutes to make any comments if they choose to.  He advised the attendance is estimated to be about 300 people.  He explained the concerns of the citizens regarding the care of the property after the recent sale. 

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     Commissioner Henley stated, per Chairman Dallari’s request, he followed up with the School Board and met with the Superintendent and Mr. Kosmac regarding the school in East Altamonte that has been closed.  He advised they are interested in a land swap with the County; and staff has been busy compiling a list of the surplus property, but they are refining it to provide the location as well as the size of the land.  He stated that Mr. Kosmac would like to swap for a warehouse. 

     Commissioner Henley stated that the East Altamonte Improvement Association has made several requests as a result of a community meeting, such as a community meeting place, sheriff substation, or a health department, should the County acquire the property. 

     Chairman Dallari stated he would like the County Attorney to look into what would be necessary for a special neighborhood improvement district for Rolling Hills.  Commissioner Henley advised he has discussed this option and the County Manager will provide all the necessary information.  He added that Longwood Officials have expressed an interest in purchasing and operating the property if the citizens would be interested in annexing. 

     Commissioner Horan opined that there are not appropriate provisions in the County Code regarding the maintenance of properties like Rolling Hills.  He stated he would like to see the owners of the property and the residents in the neighborhoods get together and have a workshop or public hearing on the kinds of changes needed in the codes to require the appropriate level of maintenance for these large areas that go dark in the middle of residential neighborhoods. 

     Commissioner Horan opined that they need to address whether they have appropriate land-use provisions in the County’s Land Development Code that address the redevelopment of a large tract of land within an area that has been previously developed.  He added that he will not be attending the meeting that was previously discussed. 

     Regarding the issue of the East Altamonte school property discussed earlier, Commissioner Horan advised this topic was discussed at a few Public Schools Facility Advisory Board meetings.  He requested to be informed of what is going on so he can make sure the committee addresses that as well.

     Commissioner Henley opined that there needs to be some type of ordinance to require a reasonable amount of care regarding the maintenance of businesses and properties that are not being used.  He stated he supports Commissioner Horan on hi comment that the codes need to be revisited. 

     Commissioner Carey stated she feels the best way to begin the discussion is to have staff come forward with best practices about code violation changes to the statute.  She discussed some possible changes to the code.

     Ms. Guillet stated they do have some new provisions on a back shelf.  They were trying to not impose new regulations because they have some good regulations in place now.  She advised one of the challenges staff has is a limited enforcement staff.  The Board, working with the Sheriff’s Office, can help staff prioritize where their focus should be.

     Commissioner Constantine stated he discussed this at the Regional Planning Council’s board meeting he attended because this is happening regionally.  He agrees with the idea of County staff looking into this.

     Commissioner Constantine stated he thinks one of the reasons the County needs to swap the school property is because there is some sort of federal indication on the Rosenwald project that they have to transfer it and cannot sell it. 

     Commissioner Carey stated this issue is most visible in Commissioner Henley’s district because of the Rolling Hills Golf Course discussion, but she pointed out that the City of Sanford has taken Mayfair Golf Course back.  She emphasized that she would like to see an ordinance come back sooner rather than later, even if it only has one amendment to deal with this particular issue.

     Ms. Guillet suggested staff bring forward some options to the Board before drafting an ordinance.

COUNTY MANAGER’S REPORT

     Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the Seminole County Tax Collector to begin collection of the 2014 tax roll prior to the completion of the Value Adjustment Board hearings.

     Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY ATTORNEY’S REPORT

     No report.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:30 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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