BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
January 14, 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, January 14, 2014,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice
Chairman Brenda Carey (District 5)
Commissioner
John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Clerk
of Circuit Court Maryanne Morse
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Erin Leben
Pastor Charles Higgins, Jr., Westview Baptist, Sanford, gave the
Invocation.
Commissioner Lee Constantine led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The Business Spotlight video for Dearborn
Electronics was presented.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Constantine,
seconded by Commissioner Horan, to adopt appropriate Resolution #2014-R-1, as
shown on page ______, recognizing Richard Quentin “Dick” Harkey for two decades
of tireless service and dedication to Congressman John L. Mica and the 7th
Congressional District office, upon his retirement from government service.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Constantine presented the Resolution to Mr. Harkey who addressed the Board to
express his gratitude.
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Motion by Commissioner Carey,
seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-2, as
shown on page _________, recognizing Irene Dolgner for 34 years of dedication
and devoted service to the Seminole County Port Authority.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey personally thanked Ms. Dolgner for her service to the Seminole County
Port Authority.
Commissioner
Carey presented the Resolution to Ms. Dolgner, who addressed the Board to
express her gratitude.
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Kathy
Ramsberger, President, addressed the Board and thanked them for the invitation
to present the Dr. Phillips Center for the Performing Arts to the BCC and the
community in Seminole County.
Ms.
Ramsberger stated that a beam that will be used in the Dr. Phillips Center for
the Performing Arts is currently displayed in the lobby of the Chambers. She stated they have taken several beams on a
tour. Since then, the beams have
traveled throughout seven counties, 1,000 miles and 10,000 signatures. She stated she is grateful to have the chance
to share with the Board the project that has been in the works regionally for
about 20 to 25 years and how close they are to seeing it finished.
Ms.
Ramsberger displayed a PowerPoint presentation (received and filed). She stated their goal is to broaden the arts
for everybody and that performing arts centers are not only for the high arts.
Ms.
Ramsberger expressed their mission is to provide an inspirational, creative
place where people love to be and work, whether they are artists or people that
work in art centers. She noted the Tampa
Bay Art Center is a $60-million-a-year economic engine in their community and
they employ a great deal of people. She
stated that they are non-profit, which means they have a chance to raise money
as part of their income, but the goal is to really make it a thriving business.
Ms.
Ramsberger stated the effort to form the Dr. Phillips Center for the Performing
Arts was started in 2003. They formed a
public-private partnership that is non-profit led. She stated they have a Board of Directors
that has been focused on their mission.
Ms.
Ramsberger stated they are part of a nine-acre site, and their Board put
together a mixed-use development. She informed
the Board that the total investment on the site is over $1 billion, and that
the investment is a sustainable model for the arts center. She added the center has a tremendous amount
of advocacy in community leadership, and stated their elected officials have led
the confidence of the project.
Ms.
Ramsberger stated that their Board of Directors is still growing. They would like to have more participation
from Seminole County. The Board of
Directors’ main role is to advance their mission through financial
contributions and ensure they have the ability to make the project regional. The project is staff led and Board advised,
but they have committees that are standing across the Board.
Ms.
Ramsberger stated centers like this have been around for 200 years. She advised they have done peer reviews with
CEOs of similar centers about a half a dozen times. She stated they have the business models of
37 art centers.
Ms.
Ramsberger advised they are not trying to make the Dr. Phillips Center for
Performing Arts similar to the Bob Carr or the Ruth Eckerd Hall, but that they
are in the category of Lincoln Center, the LA Music Center and the Miami
Performing Arts Center.
Ms.
Ramsberger stated they did other peer reviews.
They are testing their technology, Back of House, and food and beverage. She added they have Americans with
Disabilities Acts (ADA) consultants, but they usually don’t have disabilities,
so they brought in a team of people who have disabilities and asked them how
the Center can be something that will work for them.
Ms.
Ramsberger presented a video displaying a virtual tour of what the Center will
look like upon completion and then displayed an aerial map of the site to
indicate the surrounding streets and buildings.
Ms.
Ramsberger stated there are a few buildings which are commercial
development. One building is a hotel,
which contains 250 rooms. Another one of
the buildings is a 300,000-square-foot office tower, as well as a back parcel
that can be a mixed-use facility. They
are considering an educational component to the Center.
Ms.
Ramsberger stated the art center itself was anticipated to be built at one time
with a cost of the project being around $425 million. She indicated that in 2008 they were $16
million away from completing the funding four years before the project opens.
Ms.
Ramsberger stated that in 2008 one of their funding streams, which was the
Tourist Development Tax in Orange County, was delayed. She added that they cannot change their
business model. They have already raised
$80 million. The Board of Directors
decided to cut the building in half and wait until the economy recovers and
then they will build the rest of the building.
Ms.
Ramsberger presented an aerial map that displays the first of the three stages of
the project. She indicated the first
stage is composed of a 2,700-seat, Broadway-style hall entitled the Disney Theater
and a 300-seat hall for children, seniors or people that want to explore new
avenues in performance.
Ms.
Ramsberger advised they broke ground for the project in 2011. They are in their 27th month of
construction, and the total construction value is $230 million at this point on
Stage 1. The grand opening of the center
is November 6, 2014.
Ms.
Ramsberger presented an aerial map displaying Stage 2 of the project. She indicated they have $37 million to raise
to finish the project. She added that
Stage 2 consists of a 1,700-seat and a 1,500-seat acoustical hall.
Ms.
Ramsberger stated they cut the building in half and the Codes have
changed. She stated they are completing
their capital campaign and they hope to break ground in construction a few
months after they open Stage 1, making the grand opening for the entire
facility in 2018. She stated the second
phase of the project is approximately $136 million in contract value.
Ms.
Ramsberger stated that in terms of accessibility, if they are 100 percent
active in Stage 1, they only need approximately 880 parking spaces, but they
have about 4,000, which are within walking distance. They are also using their light rail and
connecting the project with light rail.
They have already established relationships with Pedi cabs to make the
experience enjoyable and easy.
Ms.
Ramsberger discussed the regional impact the Center will have on Seminole
County. She stated that Seminole County
residents attend three to five cultural events each year, and 61% wish to have
more choices for arts and cultural events.
She added 40% of Seminole County residents have Broadway season tickets. She stated the center is only from 8 to 20
miles away from Seminole County.
Ms.
Ramsberger expressed her opinion on arts education being important to children
and seniors. She believes that arts
education helps with general education and cultural life while going through
school, and also helps with self esteem, confidence, public speaking,
relationships, interaction with people and teamwork. She added most artistic organizations work
like sports teams with different titles.
Ms.
Ramsberger stated that the economic impact will be significant. The total project is going to have 6,800 jobs
just for the arts center. She discussed
the budget of the project and stated that it is a $514 million project. In 2008, the project was a $425 million project. She stated that when you cut a building in
half and $120 million of your project funding is delayed, it impacts the
project. They are only $37 million away
from finishing the project, so they have almost made the difference up of the
huge economic impact of the delay. She
said they have $35 million that is waiting for the project, but they have to
raise the $37 million by the end of the year in order to receive the $35
million that comes from philanthropy and other public funding. Ms. Ramsberger stated 93 percent of the
project is entirely funded.
Ms.
Ramsberger stated that the Dr. Phillips Center for the Performing Arts will be
doing other events and programs outside of Broadway shows. They are already considering their next big
facility which will be related to arts education.
Ms.
Ramsberger stated they are community based, and they are writing curriculum
with different associations and several counties, including Seminole. They are school based, so they will be
working with classrooms. They have a
technology initiative where they can put distance learning into their school
systems if they have those relationships.
They are performance based, focusing on bringing great artists outside
of this region to teach communities with those particular types of art forms. She stated they will also be considering
professional development and how to educate their teachers.
Ms.
Ramsberger displayed a time-lapse video of the construction of the project from
start to its current status.
Ms.
Ramsberger displayed a list of centers that Dr. Phillips Center for the Performing
Arts is aspiring to be like. She also
stated that Chairman Dallari and Commissioner Carey have toured the facility
and extended an invitation to the rest of the Commissioners.
Upon inquiry
by Commissioner Carey, Ms. Ramsberger stated the projected economic impact in
Central Florida, once the center is completed, is $24 million upon opening and
they hope to grow that over the coming years.
She added that a lot of the existing art centers of this kind are in
communities that are a little bit more mature, so there are more resources that
come in to grow it. She stated
eventually they have the capacity to get close to anywhere between $60 million and
$100 million in terms of the size of the business if they choose to.
Commissioner
Carey stated she has had a lot of positive comments from the County’s citizens
that are involved in the arts regarding the Dr. Phillips Center for the
Performing Arts.
Upon
inquiry by Commissioner Carey, Ms. Ramsberger stated that the most important
thing they need from the County in order to raise the remaining $37 million is
advocacy. Ms. Ramsberger expressed her
desire for Seminole County to feel like this project belongs to them as
well. She requested that the County help
them connect to some of the private leadership and citizens that want to assist
in moving this project forward and assist in raising the funds. She invited the Board to bring their circle
of influence to the arts center to tour the facility and have a conversation of
the importance of philanthropy and the Board’s leadership.
Commissioner
Carey stated they currently allocate 30 cents per capita toward the arts and a
few years earlier, it had been significantly more. She inquired of Chairman Dallari if it would
be possible to explore the option of increasing the per capita contribution to
the arts and maybe allocating it specifically to this project for a set period
of time.
Commissioner
Constantine commended the community for making it this far in the project. He expressed he is proud to watch the project
come up from the ground level and see what they will have in the Central
Florida community for years to come.
Chairman Dallari
stated he believes that the Board of County Commissioners can definitely help
with being a part of their team in getting connected to different parts of
Seminole County. He also recommended
they do the hardhat tour that was recommended by Ms. Ramsberger, as it was very
enlightening to him.
Upon
inquiry by Commissioner Henley, Ms. Ramsberger explained that the operational
budget depends upon their Broadway season.
Right now on an annual basis, they earn the majority to balance their
budget with the exception of $2 million annually. She also stated they have a business unit
that is going to be raising funds annually.
She stated that raising funds is actually a positive in a non-profit, as
it is another way to bring revenue into the business. She added that in the Ruth Eckerd Hall they
raise $3 to $4 million a year to subsidize and support that business. She only projects they will be raising $2
million a year. She added that they have
dozens of weddings and other events planned, and the facility will be more than
a performance hall.
Commissioner
Horan stated he would like to take the hardhat tour that Ms. Ramsberger offered
earlier in the meeting.
Ms.
Ramsberger gave Commissioner Horan a personal invitation to come by himself and
a subsequent invitation to come back with other people.
Chairman
Dallari confirmed that Commissioner Carey was correct that they did cut their
United Arts funding from 75 cents per capita down to 30 cents per capita.
Commissioner
Horan explained that the way the funding works is they put it in; it goes to
Seminole County-related arts organizations plus 15 percent.
Chairman
Dallari requested that during the budget cycle, the County Manager revisit that
and bring them back some options to reevaluate.
Commissioner
Carey stated she feels it is important to focus on this project, as it is going
to have a positive impact on the community.
Chairman
Dallari requested Ms. Ramsberger set up meetings with the Commissioners, so
they can understand not just their capital but their operational, and sit down
with the County Manager so he can be more involved.
PUBLIC
PARTICIPATION
Jay
Zembauer, 127 Big Oak Bend, addressed the Board on behalf of the Lake Pickett
MSBU members, the Chuluota Community Association, as well as the Lake Pickett
Lake Owners Association. Mr. Zembauer
stated the reason he attended the meeting was to bring to the Board’s attention
the concerns the community has regarding the project that is taking place in Orange
County, bordering Seminole County right up against the rural boundary. The community is concerned that the MSBU is
funded by the residents and the owners who have deeded lake access to Lake
Pickett.
Mr.
Zembauer stated the project will be approximately 2,500 acres and will be
approximately 50 percent larger than Avalon Park, which is right against the
existing project. He stated this is a
text amendment, so in fact, everything that is on the platform right now is
just a concept. He expressed that the
concern is due to the Big Econ watershed and the fact that the Chuluota area,
which lies in Seminole County, takes water not only from the Big Econ
watershed, but also from the St. Johns and the Little Econ watershed, with the
majority of it flowing north from Orange County into Seminole County.
Mr.
Zembauer stated that staff has been actively testing the lakes in
Seminole. He stated Lake Pickett is one
of the most pristine lakes in the region and has a lot of aquatic plant growth
that exists nowhere else in any other lake in Central Florida. He added the concern is with nutrient levels
that will increase with development and stormwater runoff, that those MSBU
units will be impacted, meaning that taxpayers that are funding for the care of
this lake will be impacted and have to pay for this cleanup at some future
date.
Mr.
Zembauer urged the Board to voice their concern to Orange County. He also believes there needs to be nutrient
studies in the lakes to get a baseline. He
believes there needs to be an overall watershed study since there is none that
takes this part of Seminole County into account. He stated that Orange County has some watershed
studies, but not all.
Mr.
Zembauer expressed his concern about the lack of study as the Seminole County
side won’t know what is coming in from the Orange County side. He stated the flow that already exists, which
starts in Orange County, flows through the Lake Pickett watershed into the Lake
Mills watershed, up to the Econ into the St. Johns, is a very unique and
somewhat different watershed than in other regions. He stated this will be a DRI and they have no
Interlocal Agreement with Orange County.
He feels it would be wise of the Board to voice their concerns to Orange
County in writing and offered his assistance in walking the members of the
Board through the watershed to help them better understand the issue of what is
going on.
Commissioner
Constantine stated he feels it is important to get to the point where they are
working directly with Orange County to express their concerns while having a
standing in the discussions as they go forward.
Chairman
Dallari agreed with Commissioner Constantine and stated the County needs to
first understand what they are doing. He
stated they have not had a formal presentation to the County Commission of
Orange County. He stated Orange County
is waiting to get the information as well.
He stated he feels that staff needs to continue monitoring it and report
back to the Board so they can understand what is actually taking place.
Commissioner
Carey stated she feels like working with Orange County on the watershed will be
a very easy thing to do. She hopes that
lessons that have been learned from others of how to protect the rural boundary
will be put into place.
Chairman Dallari
stated he feels that a nutrient study needs to be done on Lake Pickett.
Mr.
Zembauer stated that funding will be somewhat of a concern. He stated he understands the project is
currently just a concept, but they want to make sure their elected officials
understand what the concerns are in that area.
He also stated they are not against development. He added their goal is to have responsible
development so that the impact is minimized and the impact does not cost the
MSBU taxpayers at some point to clean up somebody’s mess.
Upon
inquiry by Commissioner Horan, Mr. Zembauer stated that January 16th
was the final Planning & Zoning meeting for the project. After that, it will move on to the Board of
County Commissioners. He stated it is
scheduled for the 28th of January for the Orange County Board of
County Commissioners. He added there is
a lot of community participation on the Orange County side and there have been
members there from the Seminole County side strictly to understand and hear
what is going on.
Mr.
Zembauer stated the project started off with 2,500 units against the Seminole County
border, and at the second Planning & Zoning meeting it was scaled back to
2,000. He stated when they inquired why
that was, they were told that it was an agreement with Seminole County. He said they have requested a copy of the
interlocal agreement that drives that statement and they have not received it.
Chairman
Dallari stated they do not have an interlocal agreement on buffers or density.
Mr.
Zembauer advised the Board that there have been no studies and they are asking
for a text amendment change and simultaneously running with a comprehensive
land use plan. He stated the concern is
that the document they have been putting out showing the development is
strictly a concept. He feels the whole
plan is liable to change.
At the
request of Commissioner Carey, Mr. Zembauer submitted a copy of the new concept
plan (received and filed.)
COUNTY
MANAGER’S CONSENT AGENDA
Motion by Commissioner Carey, seconded
by Commissioner Horan to authorize and approve the following:
Community Services
Business Office
4. Approve and authorize the
Chairman to execute the 2012 Continuum of Care Program Grant Agreement, as
shown on page ______, to receive $254,111 in Shelter Plus Care Program funding
to assist disabled, chronically homeless individuals with rental assistance.
Community Development Division
5. Approve and authorize the Director of Community
Services to execute the ESG-Rapid Re-Housing Landlord Agreement and the
ESG-Rapid Re-Housing Tenant Agreement, as shown on page ______, to help move
the homeless into permanent housing.
Leisure Services
Tourism Development Division
6. Approve and authorize the Chairman to execute an Agreement,
as shown on page ______, with Florida Collegiate Summer League Inc. in the
amount of $11,550 for the 2014 Florida League High School Invitational
Tournament to be held March 17-21 and 24-28, 2014.
7. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with Spring Break
Sports Inc. in the amount of $15,500 for the 2014 Spring Break Tennis Program
to be held February 22 - April 5, 2014.
8. Approve and authorize the
Chairman to execute an Agreement, as shown on page ______, with Crappie
Masters, Inc. in the amount of $8,500 for the 2014 National Qualifier and Final
Leg of the Florida State Championship to be held on Lake Monroe on January
31-February 1, 2014.
Public Works
Engineering Division
9. Adopt appropriate Resolution
#2014-R-3, as shown on page ________, and authorize the Chairman to execute a
Local Agency Program Agreement, as shown on page ______, with the State of Florida,
Department of Transportation, for the construction of intersection improvements
at Mitchell Hammock Road and State Road 426. The project will provide for a
second westbound left-turn lane onto southbound State Road 426 (FDOT - FPN:
434782-1-58/68-01).
10. Approve and authorize the Chairman to execute an Interlocal
Agreement, as shown on page ______, between Seminole County and the City of
Oviedo for Utility Relocation of Water-Main Mitchell Hammock Road and State
Road 426.
Resource Management
Business Office
11. Approve and authorize the Chairman to re-execute Grant
Agreements, as shown on page ______, to standardize language requirements with
the State of Florida, Division of Emergency Management for the FY 2013 State
Homeland Security Grant Program.
12. Approve to submit an Application
to the U.S. Department of Justice in partnership with SafeHouse of Seminole requesting
up to $400,000 in grant funding through the Safe Havens: Supervised Visitation
and Safe Exchange Grant Program; and authorize the Chairman to execute any documents
as may be required for the application.
Budget and Fiscal Management Division
13. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-4, as shown on page ______, implementing Budget
Amendment Request (BAR) #14-003 through the Water & Sewer Operating Fund &
Water & Sewer (Operating) Capital Fund in the amount of $482,753 for the
Heathrow Well Equipment Improvements project. The Water & Sewer Operating Reserves
available after this project will total $15,782,277.
14. Approve and authorize the Chairman to execute appropriate
Resolution #2014-R-5, as shown on page ______, implementing Budget Amendment
Request (BAR) #14-020 through the Water & Sewer Operating Fund in the
amount of $26,352 to make an adjustment to the equipment carryforward adopted
on December 10, 2013.
15. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-15, as shown on page ______,
implementing Budget Amendment Request (BAR) #14-022 through the Economic
Development Trust Fund in the amount of $238,977 to carryforward unexpended
project funding from the FY 2012/13 Budget to the FY 2013/14 Budget.
16. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-6, as shown on page______, implementing
Budget Amendment Resolution (BAR) 14-023 through the Court Support Technology
Fund to increase capital equipment by $7,500 for upgrading the State Attorney's
document storage system. Funding is available
within the operating budget.
17. Approve and authorize the Chairman to execute appropriate
Resolution #2014-R-7, as shown on page ______, implementing Budget Amendment
Request (BAR) #14-024 to increase the transfer to the Property Appraiser's
Office in the amount of $28,799, using reserves from the General, Fire, and
Transportation Trust Funds. Budgeted
reserves in these funds prior to this agenda item are $45,849,456 (General),
$23,743,317 (Fire), and $969,593 (Transportation).
18. Approve and authorize the Chairman to execute appropriate
Resolution #2014-R-8, as shown on page ______, implementing Budget Amendment
Request (BAR) #14-025 through the Public Works Grants Fund in the amount of
$217,531 to recognize grant funding and establish budget for the construction
phase of the Walker Elementary School (Snow Hill Road) Sidewalk project. FPN# 429598-1-58/68-01.
19. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-9, as shown on page ______, implementing
Budget Amendment Request (BAR) #14-026 to increase the transfer to the Clerk of
the Court in the amount of $116,000 using General Fund Reserves for consultant
costs related to the implementation of the Enterprise Resource Planning
Software (JD Edwards). Prior to this
agenda, General Fund Reserves are budgeted at $45,849,456.
Purchasing & Contracts
Division
20. Affirm the five best qualified
short-listed firms under PS-9092-13/RTB, Architectural and Engineering Services
for Seminole County Sports Complex Projects, and authorize staff to schedule
Presentations and Interviews for the February 4, 2014 BCC Special Meeting.
21. Approve Change Order #3, as
shown on page ______, to CC-8159-13/AMM CDBG Disaster Recovery Program
Reconstruction at 218 Tuskegee Drive, Sanford, with Corinthian Builders, Inc.
of Lake Mary in the amount of $11,031.30; add an additional 129 calendar days
to Substantial Completion; and authorize the Purchasing & Contracts Division
to execute the Change Order. This is a budgeted
Project and funds are available in the HOME Program 10/11.
22. Approve Change Order #1, as shown on page ______, to
CC-8459-13/AMM, HOME Program Reconstruction at 1318 Shepherd Ave., Sanford,
with Linton Enterprises, Inc. of Sanford in the amount of $6,670; add an
additional 35 calendar days to Substantial Completion; and authorize the Purchasing
& Contracts Division to execute the Change Order.
23. Award CC-9072-13/AMM Master
Services Agreement (MSA), as shown on page ______, for Residential New
Construction and Reconstruction Projects to All-In Construction Services, LLC
of Longwood; Black Street Enterprises, LLC of Port Saint Lucie; Corinthian
Builders, Inc. of Sanford; Linton Enterprises, Inc. of Sanford; and Svenson Construction,
Inc. of Apopka; and authorize the Purchasing & Contracts Division to
execute the MSAs (Estimated Annual Usage Amount of $700,000).
24. Award CC-9126-13/RTB, as shown
on page ______, Construction Services Agreement for Intersection Improvements
on SR 46 at Jungle Road and Rest Haven Road in the amount of $695,965.52 to
Masci General Contractor, Inc. of Port Orange; and authorize the Purchasing
& Contracts Division to execute the Agreement.
25. Award CC-9140-13/RTB, as shown
on page ______, Construction Services Agreement for Heathrow Well Equipment Improvements
in the amount of $758,600 to Sawcross, Inc. of Jacksonville; and authorize the
Purchasing & Contracts Division to execute the Agreement.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Clerk’s Office
26. Approval of Expenditure Approval Lists dated November 18 and 25, and December 2, 9 and 16, 2013; and Payroll Approval Lists dated December 5 and 19, 2013; approval of the BCC Official Minutes dated November 19, 2013; and noting, for information only, the following Clerk's "Received and Filed":
1.
Home
Ownership Assistance Program Mortgage Deeds, as shown on page ______, for the
following: Ezell & Rebecca Allen;
Gloria Cummings; Jimmy Saddler; and Revonda Hooks.
2.
BOA
Development Orders, as shown on page ______, as follows: #13-30000077, John
& Kathryn Muether; #13-30000076, Edward & Rebecca Puskaric;
#13-30000079, M/I Homes of Orlando; #13-30000074, Andre & Laurie Hickman;
and #13-30000075, Luis Pirez.
3.
CC-8794-13
Contractor Services Agreement, as shown on page ______, for CDBG Program
Residential Rehabilitation at 1820 Alexander Avenue, All-In Construction
Services, LLC.
4.
Recorded
Partial Release of Mortgage for First and Second Mortgage and Special Warranty
Deed, as shown on page ______, for FB School Holdings, LLC.
5.
Amendment
#4, as shown on page ______, to Work Order #15 to PS-5438-10.
6.
Performance
Bond, as shown on page ______, in the amount of $83,753.45 and Certificate of
Title for the project known as Meritage Homes of Florida, Inc. per plat
approval on November 19, 2013.
7.
Work
Order #3, as shown on page ______, to PS-8146-12.
8.
Work
Orders #5 and #6, as shown on page ______, to PS-8072-12.
9.
Second
Amendment, as shown on page ______, to IFB-601635-13 ______.
10.
Amendment
#1, as shown on page ______, to Work Order #11 to PS-4736-09.
11.
Local
Agency Program (LAP) Agreement, as shown on page ______, with the Department of
Transportation (FDOT) for the construction of sidewalks along both sides of
Snow Hill Road in the vicinity of Walker Elementary School, per Resolution
#2013-R-226 approved September 24, 2013.
12.
Amendment
#1, as shown on page ______, to IFB-601457-12
13.
Amendment
#1, as shown on page ______, to Work Order #4 to PS-6487-11.
14.
Recorded
Warranty Deed, as shown on page ______, with Centennial Bank and Federal
Deposit Insurance Corporation.
15.
Change
Order #2, as shown on page ______, to CC-8159-12.
16.
RFP-8833-13,
as shown on page ______, SunRail Station Area Study Plan Consultant Services Agreement,
IBI Group (Florida).
17.
Change
Order #1, as shown on page ______, to CC-8460-13.
18.
Change
Order #1, as shown on page ______, to CC-8458-13.
19.
Maintenance
Bond, as shown on page ______, for Streets, Curbs and Storm Drain in the amount
of $92,312.10 for the project known as Coventry.
20.
Performance
Bond, as shown on page ______, in the amount of $24,067.14 and Title Opinion
for the project known as Enclave at Bear Lake Subdivision.
21.
CC-9038-13
Construction Services Agreement, as shown on page ______, for NSP3 Grant
Residential Rehabilitation at 1016 McCully Court, Black Street Enterprises,
LLC.
22.
Change
Order #4, as shown on page ______, to RFP-7687-12.
23.
Recorded
Warranty Deed, as shown on page ______, for Meritage Homes of Florida, Inc.
24.
Contract
for Services, as shown on page ______, for Thomas A.D. Jones, III.
25.
CC-9037-13
Construction Services Agreement, as shown on page ______, for NSP3 Program
Residential Rehabilitation at 1016 Bartlett Court, Svenson Construction.
26.
Amendment
#1, as shown on page ______, to Work Order #31 to PS-5190-05.
27.
Agreement,
as shown on page ______, for Purchase and Sale of Water and Wastewater Assets
with Savannah Meridian Acquisitions, LLC, per BCC approval on July 23, 2013.
28.
Denial
Development Orders, as shown on page ______, as follows: #13-30000081 Marilourdes Diaz-Deyo Trustee
FBO variance; and #13-30000078, Adams ORL, LLC.
29.
Copy of
Recorded Deed, as shown on page ______, Ronald & Gloria Taylor, per
approval of Purchase and Sale of Land on November 19, 2013.
30.
Copy of
Recorded Deed, as shown on page ______, Elgan Stappe, II, per approval of Sale
and Purchase Contract on September 10, 2013.
31.
Closing
Documents and Title Policy, as shown on page ______, for Property Purchased by
County from Elgan Stappe, II, per BCC approval on September 10, 2013.
32.
Maintenance
Bond, as shown on page ______, for Water & Sewer Facilities in the amount
of $65,501.90 for the project known as Coventry at Heathrow.
33.
Water
& Sewer Improvements Cash Maintenance Bond with Maintenance and Escrow
Agreement, as shown on page ______, in the amount of $32,179 for the project
known as Enclave at Bear Lake.
34.
Water
& Sewer Improvements Cash Maintenance Bond with Maintenance and Escrow
Agreement, as shown on page ______, in the amount of $1,297.82 for the project
known as Kandor Dental Spa.
35.
Work Order
#52, as shown on page ______, to RFP-8312-12.
36.
Work
Order #2, as shown on page ______, to PS-8146-12.
37.
Work
Orders #107 & #108, as shown on page ______, to PS-5120-02.
38.
Amendment
#3, as shown on page ______, to Work Order #31 to PS-4388-09.
39.
Neighborhood
Stabilization Program Mortgage Deed, as shown on page ______, for Mount Olive
Missionary Baptist Church.
40.
CC-9035-13
Construction Services Agreement, as shown on page ______, for NSP3 Grant
Residential Rehabilitation at 1044 Burnett Street.
41.
Lakeside
Estates Planned Development Developer’s Commitment Agreement, as shown on page
______.
42.
Amendment
#1, as shown on page ______, to Work Order #15 to RFP-7423-12.
43.
Amendment
#2, as shown on page ______, to Work Order #8 to PS-2051-07.
44.
Amendment
#3, as shown on page ______, to Work Order #39 to PS-4388-09.
45.
Work
Order #2, as shown on page ______, to PS-8148-12.
46.
Work
Orders #60 & #61, as shown on page ______, to PS-4388-09.
47.
Amended
Clerk’s Budget for FY 2012/13, as shown on page ______.
48.
Amendment
#1, as shown on page ______, to Work Order #1 to PS-7105-11.
49.
Executive
Order #2, as shown on page ______, establishing Emergency Fire Prevention
Regulations for Burn Ban Implementation.
50.
Work
Orders #16 & #17, as shown on page ______, to CC-8199-12.
51.
Amendment
#1, as shown on page ______, to Work Order #6 to PS-8047-12.
52.
Letter
to Maryanne Morse, Clerk of Circuit Court, from Congressman John Mica relating
to financing and progress of the SunRail project.
53.
Work
Order #8, as shown on page ______, to PS-8047-12.
54.
Work
Order #5, as shown on page ______, to PS-8186-13.
55.
Amendment
#1, as shown on page ______, to Work Order #31 to PS-2249-07.
56.
Contract
for Services, as shown on page ______, for Lee Perry.
57.
Work
Order #9, as shown on page ______, to RFP-5847-10.
58.
2014
meeting schedule for the St. Johns River Water Management District’s Governing
Board.
59.
Amendment
#3, as shown on page ______, to Work Order #7 to PS-2051-07.
60.
Work
Order #19, as shown on page ______, to PS-5438-10.
61.
Amendment
#2, as shown on page ______, to Work Order #1 to RFP-CS01-1.
62.
Letters
of Appointments and Reappointments as follows:
Theo Hollerbach and Gregory Pflug to Tourist Development Council;
William Carpenter to MetroPlan Transportation Study Citizens Advisory
Committee; Esther McKean to the Law Library/Fred R. Wilson Memorial Board of
Trustees; Tom Boyko to the Parks and Preservation Advisory Committee; Russ
Hauck to the Code Enforcement Board; Nancy Irish and Mark Wesson to the
Contractor Examiners Board; Eunice Mann to the Historical Commission; and Debra
Garrambone to the Animal Services Board.
63. Letter to Commissioner Horan from Joel Martin
relating to Lake Jesup Nature Center.
64.
Amendment
#2, as shown on page ______, to RFP-600453-08, Paradise Marketing per BCC
approval on November 19, 2013.
65.
Closing
Documents, as shown on page ______, for property purchased by the County from
Ronald O’Neal Taylor and Gloria Fay Taylor for property at 3250 East Lake Mary
Blvd., for the Sports Complex Project.
66.
Bids as
follows: CC-9025-13; CC-9035-13;
CC-9037-13; CC-9038-13; IFB-601883-13; IFB-601879-13; RFP-9059-13;
IFB-601866-13; IFB-601860-13; CC-9072-13; and RFP-601871-13.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Tom Tomerlin, Economic Development Director, addressed the Board
to present a request to consider a Resolution recommending that Advanced IT
Concepts, Inc., be approved as a Qualified Target Industry Business (QTI). The parameters associated with this particular
project are the creation of 50 new jobs over the course of five years paying an
average wage of $44,778, which is 115 percent of the County’s average annual
wage according to last year’s numbers, a capital expenditure after the end of
the 5-year period of $1.87 million.
Mr. Tomerlin advised that AITC offers a host of IT services,
including system development and system insertion. They also specialize in complex DOD
(Department of Defense) projects. The
funding request for today is for $50,000, which represents a 20 percent match
for the State’s Qualified Target Industry Tax Refund Program, and will be
divided into $1,000 per job. The
building in which they seek to purchase is in unincorporated parts of the County,
so there is no city partner on this particular QTI. Staff recommends approval of the request as
well as approval of the Budget Amendment Request for $50,000
District Commissioner Dallari recommended approval of the
resolution.
Upon inquiry by Commissioner Carey, Mr. Tomerlin explained the
QTI program process and how the qualified industry will get paid.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate
Resolution #2014-R-10, as shown on page _______, recommending that Advanced IT
Concepts, Inc. be approved as a Qualified Target Industry (QTI) business; to
approve Resolution #2014-R-33, as shown on page ________, for appropriation of
$50,000 as local participation in the QTI tax refund program; and to approve a
transfer of funds from the General Fund Reserves to the Economic Development
Trust Fund, subject to staff’s recommendations and conditions.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF
BRIEFINGS
The Board noted, the informational Budget Transfer Status Report
for FY 2012-13, and the Informational Budge Transfer Status Report for FY
2013/14.
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Chairman Dallari advised that the Legislative Update will be
moved to the afternoon session.
COUNTY ATTORNEY BRIEFING
No report.
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Chairman
Dallari recessed the meeting at 10:35 a.m.; reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Clerk of the Court
Maryanne Morse, and Deputy Clerk Erin Leben who was replaced by Deputy Clerk
Terri Porter, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Horan, to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
BOA APPEAL/George Kramer
Continuation of a public hearing to
consider an Appeal of the Board of Adjustment decision to approve a Special Exception
for a Marina in the A-3 (Agriculture) district, for property located on the
north side of Black Hammock Road, approximately 150 feet east of Palm Drive, particularly
known as 2332 Black Hammock Road, Robert King & Shari King, appellant and
George Kramer, applicant representing Hammy Land, LLC.
Denny Gibbs, Planning
& Development, addressed the Board to present the request. She reviewed the timeline of the Lake Jesup
Nature Center Special Exception approval and appeal hearings. She stated that revised Development Orders
(received and filed) from both the appellant and applicant, which were the
result of a meeting between the two parties, have been distributed to the BCC.
James Lussier, Mateer
& Harbert, representing the appellant, read a statement (not received and
filed). Mr. Lussier stated that at the
request of the BCC, a decision on the neighbors’ appeal of the BOA decision allowing
the Nature Park had been tabled until today so the parties might seek a
compromise. Hammy Land, the applicant,
refused to discuss the existing Fish Camp operations and agreed to meet only if
the topic was restricted to the Nature Park application. The origin of the neighbors’ many concerns is
the historic track record of unregulated expansion of the Fish Camp
operation. A meeting was held on January
3rd. Recognized by the
parties at the meeting, the changes were submitted by the neighbors without
dropping the appeal or eliminating their opposition to the proposal even if
modified by the proposed changes they themselves submitted. He stated that absent of the neighbors vocal
opposition, the application would have been approved last summer, and he listed
the specifics of that Development Order for the Nature Center, calling it
“toothless.” He listed two flaws that
still exist and are in the revised Development Order now being presented
stating they are based upon the flawed and illogical premise of calling a
land-access-only, single-user dock, a marina; and the flawed conclusion that
the active land-based uses of cottages, no longer a golf course, but a gift
shop and Nature Center, are accessories to the non-existent marina, when they
derive no part of their existence or value from the presence of that
“non-marina”. He further stated that
these flaws demand denial of the application and the granting of the
appeal. He stated that County staff has
bent the Code to fit the application instead of applying the Code to deny
it. He concluded by stating that if all
active uses are stripped from the plans including cottages, the gift shop, the
Nature Center, the tours and commercial boat operation, there will be nothing
for the BCC to decide because then you would have a passive park.
George Kramer, Kramer & Little
representing the property owner, addressed the Board and submitted into the
record correspondence (received and filed) sent by Mr. Kramer on December 27,
January 8 and the resubmitted revised Development Order on January 9. He displayed a PowerPoint presentation
(received and filed) and stated the idea that a passive park could be created
without any land alteration, i.e. restroom and parking facilities, just doesn’t
make sense because some accommodations must be provided for the primary
use. He stated the project is in keeping
with the rural character; it is consistent with the zoning and is consistent
with the Comprehensive Plan. He stated
the Comprehensive Plan includes the statement, “provide opportunities for
nature-based recreation” and that is what they are trying to do, to uphold the
Comprehensive Plan’s vision for this area by providing those
opportunities. He added that with a
privately–owned passive park, there needs to be opportunities to create some
kind of revenue for the maintenance of a 20-acre passive park, and it needs to
be reasonable and low intensity. He
reviewed the Mission Statement, Project Support from a portion of the
neighbors, the 12-Month Planning Process, a list of Appellant Suggestions
showing that the Applicant accepted 10 of the 15 suggestions, with two being
modified in connection with the gift shop and snack shop structure, and three
that were not agreed to that included restrictions on Special Event permits,
marketing regulations, and the non-consensual towing provisions. Mr. Kramer displayed an aerial pictorial of
the proposed Nature Center showing separate clusters of a total of 15,
500-square-foot cabins. He reviewed
Passive Parks and Boat Ramps that are included on the County’s website and
listings of Passive Parks – Boats and Camping, and State Parks with Cabins. He added there is opportunity in the
Development Order to launch kayaks, canoes or other non-motorized boats; the
dock is not solely for the operation of the pontoon boat. There is also opportunity to fish and play a
variety of sports. He discussed
Alternative Development Scenarios and the Planning Manager’s determination of
nominal impacts supported by staff, the Board of Adjustment’s decision, the
Comprehensive Plan, and zoning.
Jeffry Frazier, 411 Racoon Trail,
addressed the Board to state he feels this would be like putting a little motel
on the property; it is limited use, but the language states, “occupancy of
cabin shall be limited to a temporary occupancy” and “rentals shall be no
longer than a three-week term for each renter.”
He said the language does not define “term” and is vague and ambiguous
because it doesn’t limit how many terms.
Written comments submitted by Don
Epps, 144 Peacock Drive, were read into the record.
No one else spoke in
support or in opposition.
Speaker Request and
Written Comment Forms were received and filed.
Commissioner Horan
stated he had ex parte communications and the appeal and evidence were not
discussed, and his decision in this matter will be based totally on the
evidence and testimony adduced at the public hearing.
Commissioner Carey
stated that most of the BCC received emails regarding this and they were
advised by the County Attorney that the public hearing had been closed so the
Board members were not to discuss this.
She has ex parte communications that she will submit to the Clerk at the
end of all of the public hearings that include emails and phone calls to which
she did not respond.
Chairman Dallari
advised for the record that any and all documents he received have been
submitted to the County Attorney.
Commissioner Henley
stated that he had no ex parte communications; however, he did receive an email
from Mr. Epps in opposition to the approval.
Commissioner
Constantine stated he received the same email from Mr. Epps and has received
all the copies of correspondence distributed by the County Attorney.
District Commissioner
Horan stated he wanted to explain the reasoning behind the decision he has
made. He said the Board in this matter
is acting in a quasi judicial capacity and they have jurisdiction at this time. He reviewed the series of actions that
resulted in two proposed Development Orders, one from the applicant and one
from the appellant. He advised this is
an appeal de novo, which means they can hear additional evidence. He said evidence and testimony in support of
the appeal was received and considered as part of the public hearings that were
held before the BCC. He noted that staff
has recommended approval of the Special Exception and he has confirmed all the
findings made by the staff. He said he
has reviewed and analyzed the evidence and testimony presented at the public
hearings and concludes that they would not support a reversal of the Board of
Adjustment’s decision to grant the Special Exception. He stated consistent with those findings he
concludes that there is substantial amount of competent, substantive evidence
in the record to make the specific conclusion of law that was made by the Board
of Adjustment that support all of the prerequisites for the granting of the
Special Exception in this matter. He
said those conclusions support the legal conclusions that the granting of the
proposed Special Exception (1) is not detrimental to the character of the area
or neighborhood nor inconsistent with the trends of development in the area;
(2) the findings and the evidence support the conclusion that it does not have
an adverse affect on existing traffic patterns, movements or volume; (3) it is
also supported in the record that this particular Special Exception is
consistent with the Seminole County Comprehensive Plan; (4) is generally
consistent with the Rural Zoning Classification in that it is not highly
intensive in nature, in fact it is compatible with the concept of low density
rural land use and does not require increased levels of government service; and
(5) it will not adversely affect the public interest. In fact, it is clear from the evidence and
consistent with the position maintained by the appellants in this appeal that
this rural nature-based recreation facility would act as a buffer between the
more active uses of the Black Hammock Adventures property, which is contiguous
to the west of the subject property and the rest of the neighbors. He stated that consistent with that
proposition, his recommendation is to uphold the BOA’s decision.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to uphold the decision
of the Board of Adjustment to approve a Special Exception for a Marina in the
A-3 (Agriculture) district for property located on the north side of Black
Hammock Road, approximately 150 feet east of Palm Drive, particularly known as
2332 Black Hammock Road, with the conditions identified in the
refined and extended proposed Development Order submitted by George Kramer and
by the appellee, with the addition of the expanded condition as follows: landscape buffers on the southern and the
eastern borders of the property shall be extended from 10 feet to 20 feet,
consistent with the buffers that are on the western border of the property, so
that there would be a 20-foot landscape buffer around the entire property, as described in the
proof of publication, Robert King & Shari King, appellant and George
Kramer, applicant.
Under discussion, Commissioner
Carey commented on the short amount of time the Board was given to review both
proposed Development Orders submitted by the appellee and the appellant.
Commissioner Constantine stated
in the original proposal, there were seven cabins with a “putt-putt” course and
now the proposal is for fifteen cabins and no “putt-putt” course, and he
questioned how that will affect the density and activity. Ms. Gibbs advised that from traffic count and
volumes, the mini-golf course would have higher peak-hour trip rates than the
guest cabins. Upon further inquiry by
Commissioner Constantine, Ms. Gibbs advised the Development Order calls for two
acres of habitat restoration per year starting at the time of site plan
approval and there is a list of trees and native shrubs they intend to use.
Commissioner Carey expressed
concerns regarding runoff landscaping.
--------
Chairman Dallari recessed the
meeting at 2:05 p.m. to give the Board an opportunity to review the Development
Order; reconvening at 2:12 p.m.
--------
Commissioner Carey stated that
in the revised Wekiva Island Development Order, they require that Special
Events are limited to four per calendar year and they are required to get
approval for each from the BCC. Ms.
Gibbs stated staff could add that as a condition.
Upon inquiry by Chairman
Dallari, Ms. Gibbs stated the pontoon boat is 35 feet in length. Commissioner Carey confirmed that the revised
Development Order limits the size of the dock to 800 square feet but does not
limit the size of the boat. Ms. Gibbs
advised that in the Development Order that staff originally put forward, the
dock size was limited, but if it was necessary to increase that due to the
median high-water line, they would then come back to the BCC for approval.
Commissioner Carey confirmed
that the parking capacity would be limited to a maximum of 40 vehicles.
Discussion ensued regarding the
number of guest cabins to be allowed and the requirement of BCC approval for
each Special Event permit.
Upon inquiry by Commissioner
Constantine, Ms. Gibbs advised that the property is zoned A-3 and there are eight
upland acres, which would allow up to three primary houses and three accessory
dwelling units. Commissioner Henley
confirmed that the property consists of 20 acres with only eight upland acres,
which would mean 12 wetland acres, and he stated there is already an existing
residential home on the property.
Nicole Guillet, Development
Services Director, clarified that a dwelling unit is anything that has a full
kitchen, and an accessory dwelling unit is a second home with a full kitchen on
the same lot as another house. The guest
cabins are not considered dwelling units.
Upon inquiry by Commissioner Henley, Ms. Gibbs stated the limitation in
size of an accessory dwelling is 35% of the size of the main structure.
Further discussion involved the
setbacks, parking and peak hour trip rates for the mini-golf versus the guest
cabins.
Upon inquiry by Commissioner
Constantine, the slide showing the 15 suggested changes to the original
Development Order was displayed. Ms.
Gibbs pointed out those marked as accepted and stated the two modifications
noted include the gift shop/snack bar, which was modified to 1,000 square feet
and the change in the number of cabins.
Commissioner Constantine added that to be clear and fair to the
appellant, they were sending suggestions, but this was if it was approved; they
still do not want it approved.
Upon comment by Commissioner
Carey, Commissioner Constantine stated that the one modification they are
struggling with is going from seven cabins to fifteen cabins. Commissioner Carey suggested changing it to
ten cabins and Commissioner Horan stated that intensity is the most important
thing here. Commissioner Carey explained
the calculations that brought her suggestion to ten and Commissioner
Constantine added that the footprint is a lot less with three homes than with ten
or fifteen cabins that will be rented out for up to six people at a time. Upon inquiry by Chairman Dallari, Ms. Gibbs
stated that in staff’s original Development Order, the one existing single-family
home becomes a cabin.
Commissioner Carey suggested a friendly amendment to the main motion
to include the 20’ landscape buffer, to add approval of only seven cabins, and
a requirement that the maximum of four Special Events per year be subject to
BCC approval. Commissioner Horan accepted the amendment to the motion.
Under discussion, Mr.
Applegate stated based on the comments today, he would recommend that the Board
consider continuing this matter.
Commissioner Carey stated they can continue it to the next meeting and
the documents would be amended with the changes discussed today. Mr. Applegate reiterated his recommendation
to continue this hearing to a time certain two weeks from today. Commissioner Carey stated the amended
documents for the next public hearing should be posted to the website.
Commissioner Horan withdrew his motion and Commissioner
Carey, as the seconder, agreed to withdraw the motion.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to continue to January
28, 2014 at 1:30 p.m. or as soon thereafter as possible, the request to consider an
Appeal of the Board of Adjustment decision to approve a Special Exception for a
Marina in the A-3 (Agriculture) district, for property located on the north
side of Black Hammock Road, approximately 150 feet east of Palm Drive, particularly
known as 2332 Black Hammock Road, Robert King & Shari King, appellant and
George Kramer, applicant.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Chairman Dallari
recessed the meeting at 3:40 p.m., reconvening at 3:48 p.m.
PRESERVE AT LAKE
SYLVAN
AMENDMENT &
REZONE/ Dave Schmitt
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of
an Ordinance enacting a Large Scale Future
Land Use Amendment from SE (Suburban Estates) to PD (Planned Development);
adoption of an Ordinance enacting the associated Rezone from A-1 (Agriculture)
to PD (Planned Development); and approval of the associated Master Development
Plan and Development Order, for 15.84 acres located on the west side of Orange
Boulevard, approximately ¼ mile south of Wilson Road, Dave Schmitt, received
and filed.
Joy Giles, Planning &
Development, addressed the Board to present the request as outlined in the
agenda memorandum. She advised the
Planning & Zoning Commission voted unanimously to approve the request and
the State Land Planning Agency reviewed the request and has no objections. Staff recommends approval.
Dave Schmitt, Dave Schmitt
Engineering, addressed the Board to state they concur with staff’s
recommendation and thanked the staff for their diligent work.
No one spoke in support or in
opposition.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to adopt Ordinance #2014-1, as shown on page _______, enacting a Large Scale Future
Land Use Amendment from SE (Suburban Estates) to PD (Planned Development);
adopt Ordinance #2014-2, as shown on page _______, enacting the associated
Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated
Master Development Plan and Development Order, as shown on page _______, for
15.84 acres located on the west side of Orange Boulevard, approximately ¼ mile
south of Wilson Road, as described in the proof of publication, Dave Schmitt.
Districts 1, 2, 3, 4 and 5
voted AYE.
BOA APPEAL/Tom Hannah
Proof of publication,
as shown on page _______, calling for a public hearing to consider an Appeal of
the Board
of Adjustment decision to deny a side street, east-yard setback variance from
twenty-five (25) feet to fifteen (15) feet for an existing single-story room
addition in the R-1AA (Single Family Dwelling) district for property located on
the southwest corner of Francis Street and Fairview Avenue, particularly known
as 895 Francis Street, Tom Hannah/AdamsOrlando LLC, applicant/ appellant,
received and filed.
Bill Wharton, Planning
& Development, addressed the Board to present the request as outlined in
the agenda memorandum. He advised that
some time in the past, an addition was added to the east side of the existing
house. At that time, no building permits
were pulled and consequently, no inspections were performed. The appellant, AdamsOrlando LLC, purchased
the home in February of 2013. Shortly
thereafter, the tenant applied for a fence permit and the unpermitted
construction was discovered.
Mr. Wharton added that
this is a corner lot and it is considered to have two front yards for setback
purposes, one on each right-of-way. The
applicant is requesting a variance of 10’ to reduce the east front-yard setback
from 25’ down to 15’. There is
approximately 12 more feet of right-of-way before the pavement starts, so there
is approximately 27’ of open space or grass between the structure and the
roadway itself. There are no sidewalks
in this area. He stated that over the
past five years, there have been about 20 variances approved in this area that
included building additions, sheds for pools, and fences.
Commissioner Carey
advised that she discovered that the application for the fence permit has
already been approved so she did not understand why the Board of Adjustment
didn’t see that this was not a big issue.
Berry Walker, Attorney
for the applicant/owner, addressed the Board to state that the roof on the
dwelling is approximately 13 to 14 years old and the permit has been pulled to
replace it. The roof has been over this
structure, as a permanent structure, for at least that period of time. He explained this is an older, established neighborhood
and there is no Homeowners’ Association.
He said the structure is more than 27’ away from the paved roadway and
it does not create any problems in the neighborhood. He said the property owner did not create but
inherited the problem, and the property was an eyesore and is being
rehabilitated and fixed up by the new property owner. He did not attend the BOA hearing but was
told that there was some talk of fear of drag racing along Fairview Avenue and
that someone could wreck into the structure, but his understanding is that
Fairview Avenue is a dead-end street in a residential neighborhood of 25
mph. He stated this is consistent with
other variances that have been granted in the area and the tenant would like to
see it approved because it is part of her house.
Melissa Wilder, 895
Francis Street, addressed the Board to state that she is the tenant. She advised that she moved into the property
in March of 2013 and she is the party that requested the fence. She wondered why the wood privacy fence
permit was approved because it backs up to the old addition, but they are
denying that. She is concerned because
if the addition is to be destroyed, she doesn’t know how that will affect
her. She does not want to be forced out
of a lease situation.
No one else spoke in
support or in opposition.
Speaker Request Forms
were received and filed.
District Commissioner
Henley apologized that the applicant felt the need to hire an attorney for the
public hearing because if any member of the Board of Adjustment had visited the
site, he feels certain they would have voted differently. He advised he went by the site Monday
afternoon to ensure there had been no changes, and staff is correct in that it
presents no safety hazard; it is far enough back from the street. He advised it also has a cluster of mature
pine trees between the addition and the road.
He added that the addition looks as if it were built or designed at the
same time the original house was built.
Motion
by Commissioner Henley, seconded by Commissioner Carey, to grant the appeal,
thereby overturning the Board of Adjustment’s decision in denying a side
street, east-yard setback variance from twenty-five (25) feet to fifteen (15) feet
for an existing single-story room addition in the R-1AA (Single Family
Dwelling) district for property located on the southwest corner of Francis
Street and Fairview Avenue, particularly known as 895 Francis Street, as
described in the proof of publication, Tom Hannah, applicant and AdamsOrlando
LLC, appellant, and to approve the Development Order, as shown on page _______.
Districts 1, 2, 3, 4 and 5
voted AYE.
SEMINOLE COUNTY SPORTS
COMPLEX REZONE
Proof of publication,
as shown on page _______, calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to PLI (Public Lands and
Institutions) for 6 acres located on the north side of East Lake Mary Boulevard,
approximately 1100 feet west of Cameron Avenue, Seminole County, received and
filed.
Kathy Hammel, Planning
& Development, addressed the Board to present the request as outlined in
the agenda memorandum. The request is
for three parcels for public use as part of the Seminole County Sports
Complex. Staff recommends approval of
the request.
No one spoke in support
or in opposition.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance
#2014-3, as shown on page _______, enacting a Rezone from A-1 (Agriculture)
to PLI (Public Lands and Institutions) for 6 acres located on the north side of
East Lake Mary Boulevard, approximately 1100 feet west of Cameron Avenue, as
described in the proof of publication, Seminole County.
Districts 1, 2, 3, 4
and 5 voted AYE.
KIDS
HOUSE REZONE
Proof of publication, as shown on page _______, calling for a
public hearing to consider an Ordinance enacting a Rezone from
A-1 (Agriculture) to PLI (Public Lands and Institutions) on 1.22 acres located
at the southwest corner of the intersection of North Ronald Reagan Boulevard
and Hester Avenue from A-1 (Agriculture) to PLI (Public Lands and
Institutions), Kids House, received and filed.
Kathy Hammel presented the
request as outlined in the agenda memorandum.
She advised that Kids House has acquired an additional parcel that
currently has a single-family house on it.
The Planning & Zoning Commission recommended approval of the Rezone
and staff also recommends a rezone of the parcel.
No one spoke in support or in
opposition.
Motion by Commissioner Horan,
seconded by Commissioner Carey, to adopt an Ordinance #2014-4, as shown on page _______, enacting a Rezone from A-1 (Agriculture) to PLI (Public Lands and
Institutions) on 1.22 acres located at the southwest corner of the intersection
of North Ronald Reagan Boulevard and Hester Avenue from A-1 (Agriculture) to
PLI (Public Lands and Institutions), as described in the proof of publication, Kids
House.
Districts 1, 2, 3, 4 and 5
voted AYE.
ZAIDA PROPERTY
REZONE/Richard Baldochi
Proof of publication,
as shown on page _______, calling for a public hearing to consider an Ordinance enacting a Rezone from
A-1 (Agriculture) to R-1AA (Single Family Dwelling) for 13.42 acres located on the
east side of Tuskawilla Road, approximately ½ mile north of Aloma Avenue,
Richard Baldochi, received and filed.
Joy Giles presented the
request as outlined in the agenda memorandum.
She stated the Planning & Zoning Commission recommended
approval of the Rezone and staff also recommends approval of the request.
Tom Daly, Daly Design
Group, addressed the Board to state they are here on behalf of the landowner. He stated they are requesting a straight
zoning (R-1AA) and the current zoning is Agricultural which is not necessarily
consistent with the area. He displayed
the Future Land Use and Zoning maps provided in the agenda memorandum and
stated the surrounding area around the property is all R-1AA. They originally requested R-1 through a
pre-application meeting, but staff indicated that they needed to be consistent
with the adjacent properties. He
displayed photographs of the property (not received and filed) showing a barn
structure and stated there are horses and goats on the property right now. He showed photos of the adjacent properties
and said there is a fence line that runs between Bear Creek and this site consisting
of a mixture of fences that are new and old.
He displayed a final map (not received and filed) that identified an
existing conservation easement over the property that had been dedicated to
Seminole County, which was done a long time ago, and the flood line that is
interior to that wetland line, which was based on an elevation established by
Seminole County Engineering as part of the Tuskawilla Road widening. He pointed out a median opening and advised
it is their intent down the line to access the property through that median
opening, so they would have to come back to the County to request an amendment
to that conservation easement. He said
there are quite a bit of uplands and it is only a 13½-acre site, but there is
still quite of bit of area that they can develop as a subdivision.
Mr. Daly advised the
Planning & Zoning Commission (P&Z) meeting was held on December 4 and
at the time, they had reached out to the Homeowners’ Association president, but
he did not feel the need that they should come to the community. There were neighbors that showed up at the
P&Z Commission meeting, so they held a subsequent community meeting on
December 12. He advised that a lot of
the issues that came out of that meeting were in regard to the physical characteristics
of the site including flooding and wetland impacts. The most overriding concern was that
developing this property would effectively flood their subdivision because it
is perceived to be a lower piece of property.
He said they told the neighbors that they are only at the zoning stage
right now and when they get to the preliminary subdivision plan stages, they
will start looking at more of the physical characteristics of the site. He advised that the existing retention pond
where the goats and the horses water is an infill site. He advised they have already made the
commitment to meet with the neighbors at the subdivision plan stage, but they
haven’t really done a lot of the soils engineering work yet that would answer a
lot of their questions. There have been
multiple builders that have expressed interest in this property, but they do
not yet have a builder. He stated these
are 90’ wide lots and advised they are the same size that the surrounding,
existing subdivisions have, which are the minimum size for the R-1AA zoning.
John Horvath, 1004
Bradford Drive, addressed the Board to state he lives in a development to the
east of the subject property. He said he
was born and raised in the area and remembers when all the homes were orange
groves or cow pastures. He grew up on
Citrus and watched this property for years.
He said right now they are in a dry period, but he has seen it when
there was quite a bit of water, knee deep in some areas so when they do their
topography, they will need to take a look at that and the drainage. He is not against development and said if the
economic slowdown hadn’t occurred, the property would have probably been
developed before this.
Robert Ries, 4636
Creekview Lane, addressed the Board and said his property is adjacent to the
Bear Creek subdivision. He said they
anticipate that any work that is going to be done will be done diligently and
with good effort. He stated he sent a
letter previously and is here to express his concerns which include the
possible flooding of the area. The land
between his property and the road entering the property slopes out so when it
rains heavily, they get water along the fence line. He said the last time this was discussed, it
was stated that this would all be addressed properly so the water drains away
from there. The second item is the
100-year flood plain and the item of the pond itself. He was of the opinion that it was a natural
lake; someone suggested it could have been manmade and over the last 30+ years
that residents have been living there, that lake has become almost like a
natural area because when there is a lot of water there, the water does run
down Gully Creek and Bear Creek, and otters have been seen in the area. He said you can see fish in the water and
they have seen turtles crossing over the land.
As far as putting a landscape buffer or buffer between the properties,
he expects the homes will be well designed.
Another concern is the traffic at Bear Creek subdivision. To enter the Zaida development, you have to
come down to that circle area and circle around to get in there. He said there are two entrance areas that
they put in there when they developed the road and if that is done, it would
alleviate the anticipated traffic problem.
Dennis Walters, 4684
Creekview Lane, addressed the Board to state he doesn’t have enough information
because he doesn’t know if the houses will be one or two-story. The Corp of Army Engineers said that it was
too small for him to get any information on it.
He said they don’t even know who the developer is. He said he is on the corner lot and there are
only nine neighbors that this will affect; he can see the whole stretch because
his property is elevated a little bit, so if they elevate down there, it will
be a big mess. He’s heard of citizens
that can’t even sell their homes because of flooding in communities like
that. Chairman Dallari advised that a
lot of the concerns they are hearing today will be addressed during the site
plan stage and that right now they are just talking about zoning. Mr. Walters said the owner has the right to
build on the land and the Zoning Commission said the same thing. He asked that Chairman Dallari explain this
to him. Chairman Dallari explained that
at present, the piece of property is zoned Agricultural. The property owner is asking whether it is
compatible to the surrounding properties in order to give it the same
zoning. If the zoning is approved, they
will come back with a site plan and then address the engineering for the
flooding, the pond, the elevation, the buffers, the access, the size of the
homes and the lots. It is a two-step
process. Mr. Walters said he’s seen
Clayton Corners and the shopping center, Clayton Crossings, which was supposed
to be done in a correct manner and it is a mess because instead of one story,
there are two stories, because the money was talking and the money was being
followed by the commissioners. He said
as a citizen he only gets to speak for three minutes, but if he is a developer
with a lot of money, he assumes they can come in here and do what they like.
Commissioner Carey said
that it seems as if the developer has been talking with the citizens but they
haven’t really had staff talking to them, so maybe they should have staff walk
them through the next steps so the citizens understand what the process will be
from here and how this process moves forward if the zoning is granted.
Ms. Williams explained
the maximum allowable number of dwelling units per acre are dictated by the
future land use, which will be four; however, at this point in time, they do
not know how many dwelling units can be placed on the lot because they have to
determine how much flood plains are there, they have to subtract the
right-of-ways and easements, and any conservation areas. Once they have that, they can determine what
the buildable lot area is, and then from that, they can determine how many lots
can be placed on the property. If the
zoning is approved, then the next step for the applicant would be to come in
for a preliminary subdivision plan. That
is when they show the lot layout, the design of the streets, the easements, and
so forth. After that is approved, that
would then go to the P&Z for approval or denial, and then if it is
approved, they would come back for final engineering. It is at that stage where they review the
plans for all the engineering to make sure they can hold the required amount of
stormwater on the site. The approval of
the final engineering is done through the Development Review Committee process.
No one else spoke in
support or in opposition.
Written Comment Form
from Cora Jan Hanaman was received and filed.
Speaker Request Forms
were received and filed.
Chairman Dallari
submitted for the record a fax (received and filed) he received earlier today
that he summarized were basically questions on the engineering, the setback,
the size of the homes, the wildlife and the drainage. Commissioner Carey submitted ex parte
communications (received and filed) from some of the residents and a letter of
support that was distributed this morning, as well as all other communications
for all of this afternoon’s public hearings.
Mr. Daly confirmed that
the flooding areas, the pond, elevation, buffers, access, which is the curb cut
on the median, and the size of the homes, will all be addressed during the engineering
and the site plan and that will be going back in front of the P&Z for final
approval as well as to staff. This is
only looking at the compatibility of the density with the surrounding areas.
District Commissioner
Dallari recommended approval of the zoning only, as submitted.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance #2014-5, as shown on
page _______, enacting a Rezone from A-1 (Agriculture) to R-1AA (Single Family
Dwelling) for 13.42 acres located on the east side of Tuskawilla Road,
approximately ½ mile north of Aloma Avenue, as described in the proof of
publication, Richard Baldochi.
Districts 1, 2, 3, 4 and 5
voted AYE.
Chairman Dallari confirmed with
Mr. Daly that he would be meeting with the community to give them an update on
the site plan.
NUISANCE
ABATEMENT
3450
E. SR 46
Proof of publication, as shown on page _______, calling for a
public hearing to consider approval of a Resolution issuing an Order to
declare the existence of a Public Nuisance at 3450 E. SR 46, Sanford; require
corrective action by March 1, 2014; and authorize necessary corrective action
by the County in the event the nuisance is not abated by the record owners,
Seminole County, received and filed.
Paul Watson, Building Division,
addressed the Board to present the request and review the timeline leading up
to the request as outlined in the agenda memorandum. Staff recommends approval of the request.
Commissioner Carey requested
that the pictures of the homes related to these Orders be displayed. She stated that the four homes are located in
the Midway community; that there has been a number of abandoned dwellings that
are a nuisance not only for the community, but for law enforcement, with
illegal activity going on, and that is the reason they are trying to bring
these forward as was discussed in November.
Ericka Ashe, 2500 Crawford
Drive, addressed the Board to state the property owners are her mother and
deceased grandmother. She advised the
photo of the house was incorrect (a correct photo was received and filed). She stated her mother suffers from paranoid
schizophrenia and has been in and out of crisis centers and in fact, just got
out of the hospital yesterday. She was
in the hospital when they tried to serve notices starting in November. She said her mother does not have the money
to tear down the property and she had applied for a grant, which Ms. Ashe
helped her with, but it was a lot of paperwork and she was overwhelmed and
ended up in the hospital. When she came
out of the hospital, they were told the funds had run out. She said her mother has been a resident of
the Midway area for the last 50 years and is disabled and on a fixed income. She requested that the County take action on
her behalf but is concerned that her mother could lose the property.
Commissioner Carey explained
that they would not take her property and if the property owner does not do
anything by March 1st, then the County will have the property
demolished and whatever that costs will become a lien on the property. It will not take her property, but when and
if she sells the property, then that money would be repaid to the County at
that time; the lien would be settled as part of the sale of the property. Commissioner Carey advised there are programs
available that would help build a home for lower income and needy residents,
and if she could get on a list for that, then they could actually build it on
that lot. Upon Commissioner Carey’s
request, Mr. Watson advised that the demolition in that area has been amounting
to between $3,000 and $5,000. Upon
further inquiry, Mr. Watson advised it would cost more money to fix the home
than it would be to demolish and rebuild it.
Commissioner Carey stated that Nicole Guillet will connect her with the
Community Services staff who have the grants, which are Federal funds that the
County receives through HUD (Housing & Urban Development) to provide
assistance to the citizens.
No one else spoke in support or
in opposition.
Speaker Request Form was received
and filed.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-11,
as shown on page _______, issuing an Order to declare the existence of a Public
Nuisance at 3450 E. SR 46, Sanford; require corrective action by March 1, 2014;
and authorize necessary corrective action by the County in the event the
nuisance is not abated by the record owners, as described in the proof of
publication, Seminole County.
Districts 1, 2, 3, 4 and 5
voted AYE.
NUISANCE ABATEMENT
2271
Greenway
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of a Resolution issuing an Order to declare the existence
of a Public Nuisance at 2271 Greenway, Sanford; require corrective action by
March 1, 2014; and authorize necessary corrective action by the County in the
event the nuisance is not abated by the record owner, Seminole County, received
and filed.
Paul Watson presented the
request and reviewed the timeline leading up to the request as outlined in the
agenda memorandum. Staff recommends
approval of the request.
No one spoke in support or in
opposition.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-12,
as shown on page _______, issuing an Order to declare the existence of a Public
Nuisance at 2271 Greenway, Sanford; require corrective action by March 1, 2014;
and authorize necessary corrective action by the County in the event the
nuisance is not abated by the record owners, as described in the proof of
publication, Seminole County.
Districts 1, 2, 3, 4 and 5
voted AYE.
NUISANCE
ABATEMENT
2370
Greenway
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of a Resolution issuing an Order to declare the existence
of a Public Nuisance at 2370 Greenway, Sanford; require corrective action by
March 1, 2014; and authorize necessary corrective action by the County in the
event the nuisance is not abated by the record owner, Seminole County, received
and filed.
Paul Watson presented the
request and reviewed the timeline leading up to the request as outlined in the
agenda memorandum. Staff recommends
approval of the request.
No one spoke in support or in
opposition.
Motion by Commissioner Carey,
seconded by Commissioner Constantine, to approve appropriate Resolution #2014-R-13,
as shown on page _______, issuing an Order to declare the existence of a Public
Nuisance at 2370 Greenway, Sanford; require corrective action by March 1, 2014;
and authorize necessary corrective action by the County in the event the
nuisance is not abated by the record owners, as described in the proof of
publication, Seminole County.
Districts 1, 2, 3, 4 and 5
voted AYE.
NUISANCE
ABATEMENT
3400
Lincoln Street
Proof
of publication, as shown on page _______, calling for a public hearing to
consider approval of a Resolution issuing an Order to declare the existence
of a Public Nuisance at 3400 Lincoln Street, Sanford; require corrective action
by March 1, 2014; and authorize necessary corrective action by the County in
the event the nuisance is not abated by the record owner, Seminole County,
received and filed.
Paul Watson presented the
request and reviewed the timeline leading up to the request as outlined in the
agenda memorandum. Staff recommends
approval of the request.
No one spoke in support or in
opposition.
Commissioner Carey stated that
they can see why they have had so many issues from this list of eight owners on
this property, especially in these older communities where people have passed
away, and sometimes it’s gone to a large group of heirs, some of them have
passed away, and no one has any money to spend on the property. Therefore, the County cannot get anything
done, which is very frustrating to the community as a whole. She added that this is another one where they
have had a large amount of illegal activity going on, so it is really important
that they try to get these communities cleaned up.
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-14,
as shown on page _______, issuing an Order to declare the existence of a Public
Nuisance at 3400 Lincoln Street, Sanford; require corrective action by March 1,
2014; and authorize necessary corrective action by the County in the event the
nuisance is not abated by the record owners, as described in the proof of
publication, Seminole County.
Districts 1, 2, 3, 4 and 5
voted AYE.
LEGISLATIVE UPDATE
Nicole
Guillet, Development Services Director, asked the Board members to look at the
Legislative Priority List (received and filed) to ensure that she didn’t
misstate anything. The Florida
Association of Counties (FAC) 2013-14 Legislative Priorities was also distributed
(received and filed). There was consensus of the Board that the 2014
Legislative Issues & Priorities list for Seminole County is correct.
Ms. Guillet
advised she received a copy of Senator Simmons redraft of the “springs”
legislation. She said from the County’s
perspective, it is an improvement over the previous draft, but she believes it
still needs work. She thinks there are
others across the State who are still concerned with some of the mandates and
requirements, while they are all well-intentioned, some of the timelines are a
little too aggressive. Also, some of the
costs, while there is clearly an intent in the legislation to create a fund to
pay for the majority of the improvements and to pay completely for any septic
tank replacement, it is not clear that the funding plan is completely “baked”
at this point. She advised they will
continue to monitor it and work with the Senator and try to help him. He has been very gracious in inviting them to
the table and they will certainly accept those invitations. She said the redraft indicates intent on his
part to work with all the stakeholders.
She advised the bill has not been filed yet, and is being circulated for
comment. They will give a bullet point
rundown on what the content is and maybe how it differs and how it has been improved
from the last version.
Ms. Guillet
advised that the other bill the BCC may be interested in that Senator Simmons
has filed and is moving through committee is the reconstitution of the Orlando
Orange County Expressway Authority. The
Senator had a similar bill moving through last time and one of staff’s biggest
concerns was the constitution of the board, which looks pretty consistent with
what it ended up being last time: eleven
members, three of which would be appointed, one each by Seminole, Lake and
Osceola Counties; six members being appointed by the Governor, two from Orange
County, one from Seminole and one from Osceola, one from Lake and then the
sixth one would be from any one of the named counties; and then the Mayor of
Orlando and the Mayor of Orange County.
So conceivably, Orange County could have as many as four representatives
and Seminole County will always have at least two and could have three. She advised there is a similar bill in the
House that hasn’t had any movement yet and it was filed by Representative
Nelson.
Upon
Chairman Dallari’s request, Ms. Guillet advised in regard to a lobbying issue,
that they talked with Seminole County’s Lobbyist Bobby Brantley, and he
indicated that he could be of some help once staff figures out what is
happening with the Department of Environmental Protection’s (DEP) surplus
lands. There are several people that are
monitoring that and there was supposed to be a meeting last week with some of
the staff to further decide what they were going to do with the properties that
were of interest to Seminole County.
After that, if there is something to still be concerned about, especially
getting access to the surplus properties and whether or not the County would
have to pay for those properties, Mr. Brantley will be a good resource because
he has some good contacts there.
Commissioner
Carey stated that those pieces they are looking at are in her district and the
community is up in arms about the idea that land gets in the hands of the
Florida Environmental Protection Agency (EPA) and the assumption is that they
are going to be protected lands and, now they are up on a list for sale. She advised she has expressed her concern to
the DEP as she sees many of them at different events. She has spoken publicly about this. Upon inquiry by Commissioner Carey, Ms.
Guillet advised the meeting on the 8th had been postponed. She does not know whether it has been
rescheduled and will check on that.
Commissioner
Constantine stated he concurs with Commissioner Carey. He said he has attended a number of the
meetings with the DEP on the surplus lands and that they have gotten some of
those Wekiva lands taken off, but the others are still on the list. He asked whether these lands originally
belonged to the County and were given to the DEP for conservation. Mr. Hartmann, County Manager, stated he has
not seen the details yet, but it was his impression that they were purchased
with land monies and then given to the DEP.
They are in the process of confirming that.
Chairman Dallari requested a
map showing the sizes of the pieces of property and the locations. Ms. Guillet advised staff has prepared that
and they will resend it to the Commissioners.
Commissioner
Constantine stated it is his understanding and recollection from the
legislation that was passed that the DEP would have to offer the lands to the
local jurisdiction prior to opening it to the general public.
Bryant Applegate, County
Attorney, advised the Statute is silent as to cost, but they certainly have
first right to obtain the property.
Tony
Matthews, Planning and Development, addressed the Board to advise that the
property was originally going to be a DRI called Plantation but there was a
lawsuit over it which eventually went away.
Then it went into the County’s Natural Lands program. Commissioner Carey stated that the County
paid for it with Natural Lands funds.
Jim Duby, Leisure Services,
addressed the Board to state it was his understanding that the Arvida property
was purchased by the County, the Plantation property by the State, and the
County through the Board at that time, turned that property over to the State
for management. He displayed Wekiva Area
Surplus Lands Composite Map (received and filed). Upon inquiry by Chairman Dallari and
Commissioner Horan, Mr. Matthews advised that the property was deeded to the
State in 1993. He added that the DEP
staff he has been talking with in Tallahassee are having an in-house meeting at
the Governor’s office on January 15 to decide the disposition of all these
properties. He added that these are
still posted on the website and had asked why they were not taken off because
the DEP Director, Jeff Prather, said at a meeting he attended that they would
come off the next week, but that has been two months ago or longer. Commissioner Carey said she wants to ensure
staff stays on top of this. Commissioner
Constantine advised that Mr. Prather is not in the Lands Division, but he is in
support of putting the lands back to conservation lands.
Commissioner
Carey stated that on the FAC criteria, there is some homeless legislation that
is being talked about and since she is the County’s representative on the
homelessness regional board, she asked Ms. Guillet to make sure they keep her
up to date on what is happening with that.
She added she knows it is not one of the County’s four priorities, but
it is important and does impact the quality in the community.
Commissioner
Horan stated regarding a federal legislative matter, the Homeowner Flood
Insurance Affordability Act, they received a notice from the Florida
Association of Counties (FAC) stating that during the first week of January,
the Senate is expected to take up this legislation, which will correct the
apparently unintended consequence that about two million Florida policyholders
are getting some boxcar assessments in their policies. Commissioner Carey stated that included
commercial as well. Commissioner Horan
questioned whether they could send a letter to their Federal Legislators to
support this legislation, and that time is of the essence. There was consensus of the Board that Ms. Guillet will draft a letter to be
sent out this week. Ms. Guillet advised
that their Federal lobbyists at Alcalde and Faye are tracking this and they
have a call scheduled next week to go over several issues including this one,
so she will ask them for assistance.
CHAIRMAN’S
REPORT
Chairman
Dallari recommended reappointment of Mayor Jeff Triplett to the Tourism
Development Commission for a four-year term representing the City of Sanford.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to adopt appropriate Resolution #2014-R-16, as shown on
page _________, reappointing Sanford Mayor Jeff Triplett to the Tourism
Development Commission representing the City of Sanford for a four-year term.
Districts
1, 2, 3, 4 and 5 voted AYE.
--------
Chairman Dallari requested Board
approval to travel to New York City on January 23 regarding a credit rating
with bond covenant groups, Moody’s and S&P.
He added that some County staff will also be attending.
Motion by Commissioner Horan, seconded
by Commissioner Carey, to approve travel expenses incurred by Chairman Dallari
in connection with meetings in New York City on January 23, 2014 with Moody’s
and S&P in regard to bond covenant ratings.
Districts
1, 2, 3, 4 and 5 voted AYE.
--------
Chairman
Dallari distributed forms (not received and filed) to the Board members for
their input regarding performance evaluations on the County Manager and County
Attorney and asked that they be returned by February 18 if possible.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated December 3, 2013, from Luis Rodriguez, Federal Emergency Management
Agency, to Chairman Robert Dallari RE: Notification of revision to Florida
Insurance Rate Map and Flood Insurance Study report for Seminole County. (C: BCC, County Manager, Development Services)
2.
Letter
with attachment dated December 6, 2013, from Erin O’Donnell, City of Altamonte
Springs, to Chairman Robert Dallari RE: Notice of Public Hearing regarding the
voluntary annexation of Properties Contiguous to Altamonte Springs. (C: BCC, County Manager, Development Services)
3.
Letter
with attachment dated December 6, 2013, from Dr. Thomas O’Neal, University of
Central Florida, to Chairman Robert Dallari RE: 2012-2013 Annual Progress
Report for the Winter Springs Business Incubator.
4.
Letter
dated December 12, 2013, from Congressman John Mica, U.S. House of
Representatives, to Chairman Robert Dallari RE: Information regarding SunRail
funding and the status of the financing and progress of the current project and
future phases. (C: BCC, County Manager,
Engineering, Development Services)
5.
Memorandum
with attachment dated December 16, 2013, from Miles Anderson, Florida Division
of Emergency Management, to Chairman Robert Dallari RE: Annual request for
update, per 27P-22 Florida Administrative Code.
(C: BCC, County Manager, Development Services)
6.
Letter
with attachment dated December 23, 2013, from Mike McDaniel, Florida Department
of Economic Opportunity, to Chairman Robert Dallari RE: Notification of
completed review of the proposed comprehensive plan amendment for Seminole
County (Amendment No. 14-1ESR), which was received on November 26, 2013. C:
BCC, County Manager, Development Services
7.
Letter
with attachment dated December 24, 2013, from Kevin Gordon, Florida Power and
Light (FPL) to Chairman Robert Dallari RE: Vital information regarding pipeline
operations.
8.
Letter
dated December 26, 2013, from Marva Johnson, Bright House Networks, to Chairman
Robert Dallari RE: Upcoming programming changes to Bright House Networks
customers. (C: SGTV; County Manager;
Michael Champagne, Bright House Networks)
9.
Letter
dated December 27, 2013, from Larisa Perry, Wells Fargo Bank, to Chairman
Robert Dallari RE: Wells Fargo’s donation of $140,000 to 18 food banks across
Florida to help address the issue of those who are food insecure. (C: BCC, County Manager)
10.
Copy of
letter dated December 29, 2013, from William Black, P.O. Box 2004, St. Cloud,
Florida, to Director of Environment Protection, 3400 Commonwealth Blvd.,
Tallahassee, Florida, RE: Proposal to sell off 27 acres of state-owned land on
“the edge of Wekiva Springs State Park.”
(C: BCC, County Manager, Development Services)
11.
Letter
with attachment dated December 30, 2013, from Cynthia Porter, City of Sanford,
to Seminole County Board of County Commissioners RE: Notice of Public Hearing
regarding adoption of Ordinance No. 4310.
(C: BCC, County Manager, Development Services)
12.
Letter
with attachment dated December 31, 2013, from Richard Morrison, Florida
Hospital, to colleagues RE: Health Issues Brief for December 2013.
13.
Letter
dated December 31, 2013, from Amie Thompson, Boys & Girls Clubs of Central
Florida, to Chairman Robert Dallari RE: Appreciation for Board of County
Commissioners’ contribution of $2,000 to support the mission of the Club. (C: BCC, County Manager)
14.
Letter
with attachment dated January 3, 2014, from Silvia McLain, Seminole County Bar
Association Legal Aid Society, Inc., to Chairman Robert Dallari RE: Annual
Report and appreciation for past support.
15.
Letter
dated January 8, 2014, from Hannah Sedigh, Seminole County Sports Commission,
and Danny Trosset, Seminole County Tourism, to Chairman Robert Dallari RE: Appreciation
for Board of County Commissioners’ support of the ECNL Winter Showcase. (C: BCC, County Manager)
16.
Letter
with attachment dated January 8, 2014, from Sean Snaith, University of Central
Florida, to Chairman Robert Dallari RE: University of Central Florida’s
Institute for Economic Competitiveness’ Fourth Quarter Economic Forecast.
17.
Notice
of Public Hearing received January 10, 2014, from Orange County Government, FL,
RE: Local Planning Agency Transmittal Hearing and Adoption Hearing for Rural
Transition Text Amendments. (C: BCC,
County Manager, Development Services)
18.
Florida
Association of Counties (FAC) 2013 Annual Report received January 13, 2014.
DISTRICT
COMMISSIONERS’ REPORTS
Motion by Commissioner Horan, seconded
by Commissioner Constantine, to approve appropriate Resolution #2014-R-19, as
shown on page _______, reappointing Bill Miller, as the building contractor
representative, and Deanna Schotte, as the consumer representative, to the
Contractors Examiners Board, for one-year terms, ending January 1, 2015.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Horan, seconded
by Commissioner Carey, to approve appropriate Resolution #2014-R-18, as shown
on page _______, appointing Mike Hattaway to the Board of Adjustment, for a
four-year term effective January 1, 2013; and appropriate Resolution
#2014-R-24, as shown on page _______, to Dan Bushrui in appreciation for his
service on the Board of Adjustment.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Horan advised that he attended the Central Florida MetroPlan (MPO) Alliance meeting
as Commissioner Henley’s alternate, and a number of agenda items were addressed
during that meeting including a wonderful presentation on the Freight Study
that the MPO has done. He added that the
Freight Study is on the website. There
were also presentations on the coast-to-coast trail project and also the Space
Florida Master Plan. He said he is going
to be getting the digital copies of the handouts and he will be distributing
them to the Commission offices. He
stated that it became pretty obvious, as he attended this meeting, that
Seminole County, especially when it comes to trails, is way ahead of the power
curve in relation to other counties who are trying to get funding and grants to
connect their missing links. In terms of
the coast-to-coast trail, Seminole County is pretty much complete; and the
total completion comes with the funding that will take it from Wekiva down to
the county line. He opined that is due
to the good work this Commission and this County has done over the years and
the good will of its citizens in approving financing and taxing itself for
trails and roads and those kinds of things.
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Motion by Commissioner Constantine,
seconded by Commissioner Horan, to approve appropriate Resolution #2014-R-22,
as shown on page _______, reappointing Greg Teagarden to the Parks &
Preservation Committee; appropriate Resolution #2014-R-21, as shown on page
_______, reappointing Elizabeth Murphrey to the Library Advisory Board;
appropriate Resolution #2014-R-20, as shown on page _______, reappointing Cecil
Tucker to the Historical Commission; appropriate Resolution #2014-R-23, as
shown on page _______, appointing Mike McLean to the Seminole County Port
Authority; appropriate Resolution #2014-R-19, as shown on page _______, reappointing
Steve Young to the Contractors Examiners Board; appropriate Resolution
#2014-R-18, as shown on page _______, appointing Alan Nejame to the Board of
Adjustment; and appropriate Resolution #2014-R-17, as shown on page _______,
reappointing Marianne King to the Animal Control Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Constantine thanked the Seminole County Roads and Stormwater Division staff for
their wonderful holiday luncheon that he attended with some of the staff from
the Commission offices.
--------
Commissioner
Constantine stated on December 14, that he, along with Commissioner Carey, rode
in two different cars for the Sanford Christmas Parade and it was a lot of fun.
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Commissioner
Constantine advised that he attended the Florida Regional Planning Councils
meeting this past week in Tallahassee along with the Executive Director, Hugh
Harling, and a number of the other board members.
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Commissioner
Constantine congratulated his alma mater, University of Central Florida, for
their great victory being the youngest University to ever be in or win a BCS,
and they were the biggest underdog ever to win the BCS. He requested that staff put together a
resolution and have someone from the University come to receive it.
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Motion by Commissioner Henley, seconded
by Commissioner Constantine, to approve appropriate Resolution #2014-R-21, as
shown on page _______, appointing Herbert Weissman to the Library Advisory
Board for a two-year term, ending January 1, 2016; and appropriate Resolution
#2014-R-23, as shown on page _______, appointing Michael Caraway to the
Seminole County Port Authority for a four-year term, ending January 1, 2018.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Constantine,
seconded by Commissioner Carey, to approve appropriate Resolution #2014-R-25,
as shown on page _______, to Damon Chase in appreciation for his service on the
Seminole County Port Authority Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey wished everyone a Happy New Year since it is the first time they have all
been together since the holidays.
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Commissioner
Carey stated that one of the actions the Board takes is to recommend to the
City of Sanford a person to serve on the Sanford CRA Board and it is that time
of year. She said they received several
applications including one from Paul Osborne (received and filed) and after
reviewing them, it is her recommendation that the Board recommend to the City
of Sanford the appointment of Paul Osborne.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to recommend to the City of Sanford, Paul Osborne, to
the Sanford Community Redevelopment Agency Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey advised that at the Sanford Airport Authority Board meeting on January 7,
one of the items on the agenda was a pilot program that they will be doing at
the airport where they are going to be putting artificial turf out along the
runways. This is the first time that
they have done this in the southeast.
They have a lot of bird and wildlife issues and they feel that
artificial turf may be the answer. Upon
reviewing the agenda item, she noticed there were huge swings in the bids which
ranged from $473,000 to almost $1,000,000.
They have selected the contractor and there is a lot of discussion that
will go on. George Speake at the airport
will be overseeing that particular project.
Since the County will be looking at putting in artificial turf as an
option at the Sports Complex, she felt it would be helpful for whoever the
point person will be on staff to get with Mr. Speake and maybe learn a little
bit about this as this project moves forward.
She said staff can contact her office for the contact information for
Mr. Speake.
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Commissioner
Carey reported that traffic at the Orlando Sanford Airport was up 22% this
December over the prior year and they actually hit two million passengers in
2013 and that is a big benchmark. The
airport is designed to accommodate about 3.5 million people. They are talking about expansion plans and
lots of exciting things continue to happen at the Sanford Airport.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
No report.
CHAIRMAN’S REPORT
(continued)
Commissioner
Horan opined that he believes the issue with the evaluation forms for the
County Manager and County Attorney not being completed the last time was they
had not had an opportunity to look at the core competencies and the evaluation
criteria on the forms themselves to provide input with regard to whether they
all agree on the same core competencies.
He said that rather than start filling out the forms now, he questioned
whether they could come back to the Chairman with their suggested changes to
the evaluation criteria. There was consensus of the Board to bring back
any suggested evaluation criteria at the next BCC meeting. Commissioner Carey stated that she had worked
with both the County Manager and the County Attorney to develop the form based
on standards across the country.
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Chairman
Dallari advised they have a work session with Public Safety immediately
following the BCC meeting in Room 3024.
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There being no further business to
come before the Board, the Chairman declared the meeting adjourned at 4:15
p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
el/tp