BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 25, 2011
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 25, 2011,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Carlton Henley (District 4)
Commissioner
Bob Dallari (District 1)
Commissioner
John Horan (District 2)
Commissioner
Dick Van Der Weide (District 3)
Clerk
of Circuit Court Maryanne Morse
Acting
County Manager Joe Forte
County
Attorney Robert McMillan
Deputy
Clerk Eva Roach
Minister John Pierce, Jr., New Tribes Mission, Sanford, gave the
Invocation.
Commissioner Dallari led the Pledge of Allegiance.
PUBLIC PARTICIPATION
Ken Jacobson, UP Systems, Inc., addressed the Board to briefly speak
in support of the award for Item #2, Approve Term Contract for IFB-601029-10.
Jeff Brule, Computer Power Systems, addressed the Board to speak
in opposition of Item #2 because he feels UP Systems did not meet the bid
requirement for being authorized or trained on the equipment.
Robert Steele, 4090 Fay Blvd., addressed the Board to state he
represents the Robert F. Steele Properties on Beardall Avenue and the tenants,
and they are concerned with the closing of Beardall Avenue (Item #22) and the
affect it is going to have on
fire and safety
services. Once the road is closed, the only
access for the residents will be from Lake Mary Blvd. Some of the tenants are concerned with the
access in and out of their properties once it is boxed in. The other concern they have is if the airport
is going to handle the emergency services and the amount of time that will be delayed
for emergency services. Speaker
Request Forms were received and filed.
COUNTY MANAGER’S CONSENT AGENDA
Acting County Manager Joe Forte addressed the Board to advise Item
#25, Wekiva Island Super Bowl Party Special Event, was moved to the afternoon
session after Wekiva Island Rezone (Item #31).
He stated the Special Event item has now been withdrawn.
Commissioner Henley requested that Ray Hooper, Purchasing
Manager, address the complaint that was addressed earlier regarding Item #2, Award
IFB-601029-10.
Chairman
Carey pulled Item #22, Approve
reconstruction of Beardall Avenue, for discussion.
Upon inquiry by Chairman Carey, Mr. Forte advised Item #7 is a
request to submit a grant application to the Dept. of Homeland Security, and as
they go through the grant process, they will evaluate the need for the vehicle
and equipment. He stated they will use
in-house equipment if they can. He
stated the staff position will be for a three-year period and will be
eliminated after that. That staff person
will transition the program over to in-house staff after the three-year period.
Chairman Carey stated she wanted those comments put on the
record in light of the fact that the County has excess vehicles and they are
trying to do away with desk-top printers.
Ray Hooper, Purchasing Manager, addressed the Board to discuss
the issues of authorized representatives from OEMs for Item #2, Award
IFB-601029-10. He advised the manufacturers
of the UPS batteries do not authorize any third party to work on their
equipment. The contractor would traditionally
issue a purchase order to the OEMs if there are issues on Eaton, Powerware and
Leeburt batteries, which are a majority of the County’s batteries.
Commissioner Horan stated he would like a separate vote for Item
#2, Award IFB-601029-10. He expressed his
primary concern with regard to the Review Committee’s recommendation of
awarding the contract to the second low bidder, which is based in Seminole
County, and the Purchasing and Contracts Division not agreeing with that
recommendation. The Committee
articulated that they were uncomfortable with the facilities of the number one bidder
which listed the address to be no more than a residence. He added the problem he has with this is to
award to what is basically an outsourcing type of bidder, and essentially taking
the contract away from a Seminole County-based vendor that has a very good
record in past performances, which is not wise.
He stated he would recommend following the Review Committee’s
recommendation by picking the Seminole County-based business, Computer Power
Systems, which has a facility across the lake.
He said his inclination is to award the contract to the second low bidder. The question he has is where do they go to
get a part to maintain the County’s systems.
Mr. Hooper stated this is a preventive maintenance and the
vendor can provide an answer.
Mr. Hooper explained for Chairman Carey what happens in the
event of an emergency.
Upon inquiry by Commissioner Horan, Mr. Forte advised a residence
does qualify as a business facility and that was not grounds to say that they
are not qualified.
Motion by Commissioner Dallari,
seconded by Commissioner Van Der Weide to Award
IFB-601029-10/TLR, as shown on page ________, Term Contract for UPS
Maintenance, Repairs, and Battery Replacement to UP Systems, Inc., St. Cloud,
and authorize the Purchasing and Contracts Manager to execute the agreement, as
presented by staff.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan voted NAY.
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Motion by Commissioner Dallari, seconded by Commissioner Henley to
authorize and approve the following:
County Manager’s
Office
Purchasing &
Contracts Division
1.
Approve Termination, as shown on page _______, for Default
IFB-600282-07/TLR – Term Contract for Tree Trimming and/or Removal and Stump
Grinding, with Enviro Tree Service, Inc. of Winter Park, and authorize staff to
issue final notice of termination.
3.
Award RFP-601034-10/TLR, as shown on page _______, Seminole
Softball Complex Concession Operations to P.T. Enterprises, Apopka, and
authorize the Purchasing and Contracts Manager to execute the agreement.
4.
Waive the Procurement Process and Approve SS-601071-11/GGM, as
shown on page ________, for E-learning Licenses and Tracking with Skillsoft
Corporation, New Hampshire; and authorize the Purchasing and Contracts Division
to issue Purchase Orders.
Environmental
Services
Solid Waste
Management
5. Approve and
authorize the Acting County Manager to execute a Consent Order, as shown on
page ________, with the Florida Department of Environmental Protection
documenting occasional non-substantive violations of wellhead pressure, oxygen
and temperature standards for several of the 103 wells included in the system.
Fiscal Services
Business Office
6.
Approve and authorize the Chairman to execute a Grant Agreement,
as shown on page ________, with the Florida Division of Emergency Management in
acceptance of $62,497.00 through the Homeland Security Grant Program for supplies
and materials associated with planning, training and developing exercises
related to homeland/domestic security.
7.
Approve to submit an Application to the U.S. Department of
Homeland Security requesting $340,000 in grant funds through their Fire
Prevention and Safety Program, and authorize the Acting County Manager to
execute any documents as may be required for the application.
8.
Authorize the Tax Collector's Office to publish the 2010
Delinquent Tax lists in the Sanford Herald newspaper at the
quoted rates.
Budget Division
9.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-9, as shown on page ________, implementing Budget Amendment
Request (BAR) #11-23 through the Public Safety Grants Fund in the amount of
$62,497.00 to allocate funds from the Florida Division of Emergency
Management’s State Homeland Security Grant Program.
10.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-10, as shown on page _________, implementing Budget
Amendment Request (BAR) #11-24 through the Natural Lands/Trails Fund in the
amount of $1,250,000 to allocate funds for Black Bear, Lake Harney and Geneva
Wilderness Areas Improvements.
11.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-11, as shown on page ________, implementing Budget Amendment
Request (BAR) #11-26 through the Neighborhood Stabilization Grant Program Fund
in the amount of $270,954 to increase funding for the Neighborhood
Stabilization Grant program.
12.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-12, as shown on page ________, implementing Budget Amendment
Request (BAR) #11-27 through the 2001 Infrastructure Sales Tax Fund and the
Public Works Stimulus Grants Fund in the amount of $915,508 to recognize
supplemental ARRA funding for the Lake Mary Blvd Resurfacing.
13.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-13, as shown on page ________, implementing Budget Amendment
Request (BAR) #11-28 through the 2001 Infrastructure Sales Tax Fund in the
amount of $50,000 to purchase an easement for the Lake Hodge Outfall Project.
14.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-14, as shown on page _________, implementing Budget
Amendment Request (BAR) #11-29 through the 2001 Infrastructure Sales Tax Fund
in the amount of $170,000 to provide funding for increased scope on the Sand
Lake Road Roadway and Base Reconstruction Project.
15.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-15, as shown on page _________, implementing Budget
Amendment Request (BAR) #11-30 through the 2001 Infrastructure Sales Tax Fund
in the amount of $615,000 to establish and fund the Upsala Road Roadway and
Base Reconstruction Project.
16.
Approve and authorize the Chairman to execute appropriate
Resolution #2011-R-16, as shown on page _________, implementing Budget
Amendment Request (BAR) #11-31 through the General Fund in the amount of
$490,290 to fund the Library Renewal and Replacement Project at the five
library branches.
17. Approve and
authorize the Chairman to execute appropriate Resolution #2011-R-17, as shown
on page ________, implementing Budget Amendment Request (BAR) #11-32 through
the 2001 Infrastructure Sales Tax Fund in the amount of $146,000 to provide
funding for increased scope on the Celery Avenue Pavement Rehabilitation
Project.
Growth
Management
Planning &
Development Division
18. Approve and
authorize the Chairman to execute the final plat for Howell Branch Cove,
containing 58 townhome lots on a 7.02 acre parcel, zoned R-3A (Multi-Family
Dwelling District), located on the west side of Howell Branch Road and
approximately 1,000 feet north of Aloma Avenue, Howell Branch Cove, Ltd.
Leisure Services
Greenways &
Natural Lands Division
19.
Approve and authorize the Chairman to execute an Amended Agreement,
as shown on page ________, between Seminole County and the City of Altamonte
Springs relating to contribution of Boating Improvement Funds for Dock
Replacement on Lake Orienta.
20.
Accept Quit Claim Deed, as shown on page ________, from the
Florida Department of Transportation and approve and authorize the Chairman to
execute an Ingress and Egress Access Agreement, as shown on page ________, with
the Trust of William E. Kirchhoff for Lake Monroe Wayside Park in Sanford.
Tourism-CVB
Division
21. 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 2011 Crappie Masters
National Qualifier Tournament to be held on Lake Monroe on February 4-5, 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey advised that there were a
number of correspondences regarding the request to approve
the reconstruction of Beardall Avenue to add additional cul-de-sacs on the
section of roadway south of State Road 46.
She stated she asked staff to inspect the property to see if there is a
problem with fire hazard situations and road conditions. She stated the master plan for the airport
has been adopted and is part of the County and City’s Comprehensive Land Plans. Public hearings were held when they adopted this
into the Comprehensive Land Plan.
Tad
Stone, Public Safety Director, addressed the Board to state Battalion Fire Chief
Leeanna Mims inspected the issue with the fire hydrant in that entire area. He stated staff considers it as a non-hydrant
area and they will typically respond with additional units and tankers. He explained how they will do their
dispatching.
Chief
Mims addressed the Board to state she had a member from her office to inspect the
area. She stated the residents’ initial
concern was they thought the hydrant was going to be removed and that is not
the case. In looking at it from an
access standpoint and egress, the first response system is still going to apply
and the closest station is going to go. The
County will go back and readjust the grids.
The State is fully aware of the changes that are going to happen at the
airport. Staff will continue to have
discussions with the airport and the city of Sanford in making sure that they
maintain EMS services.
Upon
inquiry by Commissioner Henley regarding the impact on the response time, Chief
Mims advised staff has not done a trial run to those specific addresses, but
they are not looking at anything that will be a drastic egress in getting to
the locations.
Mr.
Stone advised staff has discussed renaming Beardall Avenue to Beardall north
and Beardall south with the city of Sanford and they have no opposition to
this.
At
the request of Chairman Carey, Brett Blackadar, Acting County Engineer,
addressed the Board to display a map of the existing Beardall Avenue and the
proposed cul-de-sacs and reviewed the location of the new access off of Moore’s
Station Road. Moore’s Station Road and
Cameron Road have ditches on each side and Moore’s Station has never been
closed due to drainage issues in the past.
He added that access should be suitable for the residents out there.
Motion by Commissioner
Dallari, seconded by Commissioner Van Der Weide to approve and authorize the
reconstruction of Beardall Avenue to add additional cul-de-sacs on the section
of roadway south of SR 46.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari complimented Mr. Blackadar for his help on the
Goldenrod Road item yesterday.
- - -
Motion by Commissioner Henley, seconded by Commissioner Dallari to
adopt Resolution #2011-R-18, as shown on page ______, renaming Beardall Avenue to
Beardall North and Beardall South.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Dallari to
authorize and approve the following:
Clerk's Office
22.
Approval of Expenditure Approval Lists, as shown on page ________,
dated December 15, 20 and 27, 2010, and January 3, 2011; approval of Payroll
Approval List, as shown on page ________, dated December 23, 2010; and the
Board noted, for information only, the following Clerk’s received and filed:
1. Amendment #3, as shown on page ________, to
Work Order #1 for PS-3065-08.
2. Amendment #1, as shown on page ________, to
Work Order #78 for PS-1074-06.
3. Work Order #17, as shown on page ________, to
PS-3914-08.
4. Change Order #1, as shown on page ________, to
Work Order #11 for CC-3321-08.
5. Amendment #3, as shown on page ________, to
Work Order #4 for RFP-4277-09.
6. Certificates of No Recall, as shown on page
________, for RB Jai Alai, LLC; SOKC, LLC (Sanford Orlando Kennel Club); and
Penn Sanford, LLC.
7. Amendment #1, as shown on page _______, to
Work Order #34 for PS-0381-06.
8. Amendment #2, as shown on page ________, to
Work Order #2 for PS-2825-07.
9. Amendment #4, as shown on page ________, to
Work Order #70 for RFP-4214-04.
10. Closeout, as shown on page ________, of Work
Order #15 to CC-2184-07.
11. Amendment #4, as shown on page _________, to
Work Order #30 for PS-0381-06.
12. Amendment, as shown on page ________, to FY/PY
2010/2011 CDBG Program Grant Agreement as approved by the BCC on Aug. 10, 2010.
13. Amendment #3, as shown on page _______, to
Work Order #69 for RFP-4214-04.
14. Work Order #1, as shown on page _______, to
RFQ-5888-10.
15. Change Order #24, as shown on page ________,
to RFP-0613-06.
16. Amendment #2, as shown on page ________, to
Work Order #48 for RFP-4277-09.
17. Amendment #1, as shown on page ________, to
Work Order #24 for PS-5182-05.
18. Recorded Home Ownership Assistance Program
Mortgage Deeds, as shown on page _________, for the following: Charlotte Malanowski, Nigel and Melissa
Martinez, Ezelle G. Smith, Willie J. and Luretha Taylor, and Joyce A. Carter.
19. Head Tennis Pro Agreement, as shown on page
_________, with Mick Andrews; Associate Tennis Pro Agreements, as shown on page
_________, with Joanna Babyar, Michael Custer and Daniel Colon; and Assistant
Tennis Pro Agreements, as shown on page ________, with Amy McCully, Kyle
McCully, Robert Pierce and John Gegenheimer.
20. Head Tennis Pro Agreement, as shown on page
________, with Brian Morrissey; Associate Tennis Pro Agreements, as shown on
page _________, with Robyn Suto and Sergio Rivas; Assistant Tennis Pro
Agreements, as shown on page _________, with Sarah Harkins, Peter Mainelli,
Jason Cordova and John Sanders; and Tennis Developmental Instructor Agreements,
as shown on page _________, with Eric Cordova and Brittany Collins.
21. Assistant Tennis Pro Agreements, as shown on
page __________, with James Thompson and Chelsea Underwood.
22. Parks Contract for Services, as shown on page
_________, with Amy Raub for Environmental Education Instructor.
23. Closeout, as shown on page _________, of
CC-5392-10 and CC-4082-08.
24. Amendment #5, as shown on page _________, to
Work Order #19 for PS-1529-06.
25. Change Order #1, as shown on page _________,
to Work Order #53 for CC-1284-06.
26. Work Order #11, as shown on page _________, to
PS-5180-05.
27. Amendment #1, as shown on page _________, to
Work Order #29 for PS-5190-05.
28. Change Order #1, as shown on page _________,
to DB-4550-09.
29. Amendment #2, as shown on page _________, to
Work Order #56 for RFP-4277-09.
30. Amendment #1, as shown on page _________, to
Work Order #6 for PS-2051-07.
31. Work Orders #18 and #19, as shown on page
________, to PS-4388-09.
32. Work Orders #75, #76 and #77, as shown on page
__________, to PS-1529-06.
33. Conditional Utility Agreements, as shown on
page _________, for Water and Sewer Service with Jaffer Land Co., LLC.
34. Amendment #1, as shown on page _________, to
Work Order #76 for PS-1074-06.
35. Work Order #55, as shown on page _________, to
CC-1284-06.
36. Work Orders #48 and #49, as shown on page
_________, to PS-5174-04.
37. Amendment #2, as shown on page ________, to
Work Order #124 for PS-5165-04.
38. Work Order #40, as shown on page _________, to
PS-1501-06.
39. Change Order #1, as shown on page _________,
to CC-5083-10.
40. Change Order #4, as shown on page _________,
to CC-3709-08.
41. Amendment #2, as shown on page _________, to
Work Order #75 for PS-1074-06.
42. Change Order #1, as shown on page _________,
to Work Order #45 for CC-1075-06.
43. Development Orders, as shown on page
_________, for Enrique A. Amparo and Generosa Ledesma, 7040 Pecan Court, and
Joseph and Janet Hart, Lanark Street (Parcel 13A).
44. Closeout, as shown on page _________, of Work
Order #44 to CC-1075-06.
45. Work Orders #27, #29 and #30, as shown on page
_________, to CC-2184-07.
46. Amendment #1, as shown on page _________, to Work Order #7 for
PS-4388-09.
47. Closeout, as shown on page __________, of CC-4533-09.
48. Recorded Restrictive Use Covenants, as shown on page ________, made
by Miller Construction Services, LLC concerning property at 525 East Hillcrest
Street, Altamonte Springs; and by Clarkson Concepts, Inc. concerning the
property at 208 Cabana View Way, Sanford.
49. Recorded Release of Lien, as shown on page _________, for Amy J.
Simonetti, Case No. 09-118-CEB, as approved by the BCC on Aug. 10, 2010.
50. Change Order #3, as shown on page _________, to CC-4259-09.
51. Work Order #1, as shown on page _________, to CC-5075-10.
52. Amendment #2, as shown on page _________, to Work Order #3 for
M-5004-09.
53. Amendment #2, as shown on page ________, to Work Order #7 for
PS-4388-09.
54. Change Order #1, as shown on page _________, to Work Order #9 for
CC-3321-08.
55. Change Order #2, as shown on page _________, to CC-5225-10.
56. Work Order #87, as shown on page __________, to PS-5120-02.
57. Work Orders #69 and #70, as shown on page _________, to CC-1741-07.
58. Amendment #2, as shown on page _________, to Work Order #1 for
PS-1905-07.
59. Memorandum to Jane Spencer, BCC Recording, from Brett W. Blackadar,
Principal Engineer, submitting Memorandum, as shown on page ________, dated
Dec. 17, 2010 to Joseph Forte, Acting County Manager, regarding authorization
to extend expired Work Order for payment of final invoice for PS-4388-09 Work
Order #3, Wilson Road Sidewalk Project.
60. Amendment #1, as shown on page _________, to Work Order #25 for RFP-4277-09.
61. Bids as follows: CC-6200-10;
DB-6152-10; RFP-6174-10; RFQ-601064-10; #601030-10; CC-5931-10; IFB-601015-10;
RFP-601008-10; RFQ-601024-10; RFP-600932-10; IFB-601014-10; IFB-601037-10; and
RFP-601034-10.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Request to approve a
Resolution renaming East Lake Drive to Seminola Boulevard was presented.
Chairman Carey stated
she has two Speaker Request Forms (received and filed) from Cathy Newberg and
John Cathcart opposing the renaming of East Lake Drive. She submitted a Petition, as shown on page
_______, from area residents asking the Board to reconsider changing the name
of East Lake Drive.
Commissioner Dallari
submitted a Petition, as shown on page ________, from area residents requesting
the Board not to change the name of East Lake Drive.
Tad Stone, Public Safety
Director, addressed the Board to display and review a map showing how the
roadway was put together, what happened over the realignments, how the roads
were interconnected and how the County’s ordinance requires them to maintain
the continuity of naming a major road. He
stated staff understands that no one wants to change the name of their
road. What staff would like to do is
leave the entire road indicated in red as East Lake Drive. He indicated on the map where the sign will
be erected saying Seminola Blvd. and East Lake Drive will start and end.
Upon inquiry by Chairman
Carey, Mr. Stone advised staff can leave Seminola Blvd. from 17-92 to Azalea Court,
and then leave East Lake Drive from Azalea Court to Tuskawilla.
District Commissioner
Dallari stated he feels it makes sense to do the name change at Azalea Court
and not at the city line. He stated
there is actually a division in which Seminola is on one side heading towards
Casselberry, and from Azalea East Lake Drive will go back towards the County.
Motion by Commissioner Dallari, seconded by Commissioner Van Der
Weide to approve and authorize the Chairman to execute appropriate Resolution
#2011-R-19, as shown on page ________, naming East Lake Drive up to Azalea
Court, and keep the name Seminola Boulevard from Azalea Court to Casselberry.
Under discussion and upon inquiry by
Chairman Carey, Cathy Newberg addressed the Board to advise she has no problem
with staff’s recommendation. Discussion
ensued relative to renaming the road from Seminola Blvd. and beginning at the
County line as East Lake Drive.
Commissioners Dallari and Van Der Weide agreed
with the amendment to the motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Stone displayed and reviewed a map
showing the existing number address range, the address number range changing from
even numbers to odd numbers and odd numbers to even numbers, and the proposed address
number range when East Lake Drive is renamed.
He stated the address numbering is inconsistent with the ordinance and the
standardized numbering system and he is seeking Board guidance.
Commissioner Dallari stated the issue he
has is if it is not broken, why fix it.
The consensus of the Board
was to leave the numbering the way it is.
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Chairman Carey advised that Item #25,
Approval of the Wekiva Island Super Bowl Party Special Event, has been moved to
the afternoon session and it has been withdrawn.
COUNTY MANAGER’S BRIEFING
The Board noted the Informational Budget Amendment
Status Report FY 2010/11 for the period ending December 31, 2010.
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Mr. Forte stated staff is seeking direction
authorizing Commissioner Henley to execute the Central Florida Regional Water
Supply document.
Andrew Neff, Environmental Services
Director, addressed the Board to state this is a follow up from December’s
meeting and the document needs to be transmitted by this Friday. He stated Seminole County has already
accomplished a majority of these items and has exercised a lot of leadership. Specific types of conservation measures
should not be prescriptive and the County needs to emphasize that if they
conserve, they should retain any quantities allocated to them for the
future. That may require some
legislative input. Staff feels that when
they refer to district rulemaking in the document it is somewhat
redundant. Districts need to be able to
explain conservation applications to all users including commercial users. Staff also feels that the districts need to
enhance co-funding support of conservation in alternative water supplies.
Commissioner Horan stated he wants to make
sure that the County does not get punished in managing their own water
supply. He stated he feels that may take
some legislative action and the Board may want to make that a part of their
legislative agenda.
Commissioner Henley stated he has repeatedly
reminded the other committee members that Seminole County is way ahead of the
game. He stated the committee was asked
to accept the report when it was presented to them, and he asked that the word accept be changed to receive so that they did not construe
that it was approved. There were eleven
specific recommendations that deal with conservation and environment, three
that deals with education and outreach, seven that deals with economic and
pricing, and eight dealing with alternative water supply. Some of the terms in the report have not been
clearly defined. He added he didn’t
disagree that water resources should be distributed equitably, but he feels the
cost should be distributed equitably as Seminole County has spent hundreds of
thousands of dollars already in trying to deal with this issue by themselves
and no one has stepped up to assist in their battle. The other issue that is going to be taken up
under phase two is getting more towards the real governance problem. He stated they will be getting into some real
costs when they start moving into Lake County and Seminole County shouldn’t
have to bear that cost.
Upon inquiry by Commissioner Dallari, Mr.
Neff advised that another entity in Orange County trying to develop a water
source in Seminole County is not intended to be addressed in this
document.
Mr. Forte stated two cities in Lake County
find the County’s project interesting but they do not want to commit to
it. Those cities have committed to a
desalination project in Palm Coast. He
stated realistically, he doesn’t think that transmission is possible, but as
long as they are participating in the alternative water supply project, that’s
what need to qualify for a consumptive use permit.
Upon inquiry by Commissioner Henley, Mr.
Neff advised everyone’s demands have gone down because of the lower
growth. The question is how long that
will last since everyone is seeing more in terms of existing ground water
permits. That is something the districts
are working on. The CFCA rule for
limiting available ground water in the Central Florida region is now under
discussion. Because of the recent legislative
action, staff is not sure where that is going to go. The County needs to find out how much ground
water is available from all the different users, and then determine how much
time they have to secure alternative water for the future.
Chairman Carey stated she feels that
transmission is still going to be the big issue. She said she spoke to Kirby Green, SJRWMD, with
regard to Site 10 and their staff should focus on Yankee Lake since they gave
the County a $7.5 million grant to move that project forward. She stated with the Wekiva Parkway coming
through and the language that was put in to allow Seminole County to put their utilities
on that roadway, they would be able to easily supply East Lake County. They
probably ought to talk about planning to do that when that road is under
construction, whether they have an agreement or not, because it will be much
harder to do it after the fact. That
might be something they want to talk about at a later date. She added she feels that staff did a good job
addressing the needs and the main issue is to monitor that to make sure
something doesn’t happen that would put Seminole County in negative situation.
Motion by
Commissioner Henley, seconded by Commissioner Dallari to authorize Commissioner
Henley to execute the Central Florida Regional Water Supply document with
attachment of the matrix that has been developed.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Forte requested authorization for
Sharon Sears, Tourism Development, to travel to Iceland for the annual Mid-Atlantic
Workshop Travel Seminar. He stated this
is something that has been budgeted ($1,800) and staff has been trying to
attend for many years. He added he is
asking the Board to either approve or decline same.
Commissioner Dallari stated he feels it
would be advantageous for staff to represent the County so they can bring more tourists
to this area.
Motion by
Commissioner Dallari, seconded by Commissioner Horan to authorize Sharon Sears,
Tourist Development, to travel to Iceland for the annual Mid-Atlantic Workshop
Travel Seminar.
Under discussion, Commissioner Henley
stated the Board needs to recognize the County used to be very active in
attending these conferences and that is why they were able to get foreign
visitors from Great Britain. He stated
Tourist Development dollars are picking up and this seminar will be paid from
those funds. He said he feels they need
to get back into the game in trying to build that up.
Chairman Carey clarified this is budgeted
at $1,800 and the cost of the conference is $1,200 and then there will be $150
a day per diem.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Forte introduced the new Human
Resources Director Randy Petitt, who started yesterday (Jan. 24, 2011). He informed the Board that Tina Williamson
has been promoted as the Planning Manager.
COUNTY ATTORNEY’S BRIEFING
Mr. McMillan stated at the last meeting the
Board approved surplusing property to Samy Realty, and in preparing the
closing, the County Surveyor determined that there was some miscalls in the
legal and that was corrected. He stated
he is requesting approval for the Chairman to execute the County Deed with the
corrected legal as prepared by the County Surveyor.
Motion by
Commissioner Horan, seconded by Commissioner Dallari to authorize the Chairman
to execute the County Deed, as shown on page ________, surplusing property to
Samy Realty, with the corrected legal as prepared by the County Surveyor.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. McMillan stated the Board directed him
to contact Mr. Slavin relative to searching a County Attorney and he has sent
the Board a copy of Mr. Slavin’s proposal.
The fee is $13,270 with expenses to be capped at 55% of the fee number
($7,298). He stated Mr. Slavin is hoping
that the numbers will be lower because he feels travel should be limited to
Florida. He said he is asking
authorization to execute the contract with Mr. Slavin.
Upon inquiry by Chairman Carey, Mr.
McMillan advised Mr. Slavin will be focusing his search in Florida, but there
may Florida attorneys who may be living out of state. He added the ad will be placed in the Florida
Bar News which goes to every Florida licensed attorney no matter where they are
living. The applicant will have to be a
member of the Florida bar for a certain period of time.
Motion by
Commissioner Dallari, seconded by Commissioner Horan to approve the Contract,
as shown on page ________, with Mr. Slavin to solicit firms to search for a
County Attorney.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. McMillan informed the Board that Sun
State Trees is not in compliance with the injunction that has been
entered. He stated it is staff’s intent to
notify Sun State that the County will begin to enforce it.
Upon inquiry by Chairman Carey, Mr.
McMillan advised staff will inform them that if Sun State does not come into
compliance, they will go back to court for contempt proceedings. He advised that Sun State Trees was in
bankruptcy earlier this month and they were on the verge of having the
bankruptcy converted from reorganization to liquidation. They sold some of their equipment and managed
to pay all the creditors that were defected.
The Tax Collector did get released from the stays that the bankruptcy
entitled, and if they do not continue to make payments that are due to the Tax
Collector, then warrants will be issued and the rest of the equipment will be
picked up.
Commissioner Henley stated all of the mulch
has been moved off the site but there is still a lot of equipment there. He said he doesn’t know where they moved the
mulch.
Mr. McMillan stated they are still using
the site for dyeing the mulch and that was never a permitted use.
Chairman Carey stated the issue was always the
amount of mulch that they had on the site and they had to be in compliance with
their site plan.
Commissioner Henley stated if they leave it
as it is, they needed open space compliance.
That was a big issue because they did not have enough room to get all
trucks on the site and they were set up on the right-of-way or either on the
road. There were several site plan
issues that they hadn’t dealt with.
Mr. McMillan stated he can have staff explain
to each Board member what they were supposed to do and what they haven’t done. The Board voiced no objections.
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The
Chairman recessed the meeting at 10:32 a.m., reconvening at 1:31 p.m. with all
Commissioners and all other Officials with the exception of Clerk of Court
Maryanne Morse, who was absent, and Deputy Clerk Eva Roach, who was replaced by
Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Van Der Weide,
seconded by Commissioner Horan, to authorize filing 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
VACATE AND ABANDONMENT/
Cecil A. Stone
Proof of
publication, as shown on page _______, calling for a public hearing to consider
vacating and abandoning a 30 ft. x 601 ft. Drainage Easement on Lots 80 and 81
of The Slavia Colony Co.’s Subdivision, as recorded in Plat Book 2, Page 71 of
the Public Records of Seminole County, Florida; and further described as 1701
Mikler Road in Section 16, Township 21 S, Range 31 E, Cecil A. Stone, received
and filed.
Alan
Willis, Planner, Growth Management, addressed the Board to present the request,
stating the staff is recommending approval of the Resolution to vacate and
abandon the 30 ft. x 601 ft. Drainage Easement as requested.
Javier
Omana, representing the applicant, CPH Engineers, addressed the Board to thank
staff for this effort and state he is looking for the Board’s positive vote.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to adopt appropriate Resolution 2011-R-20, as
shown on page _______, vacating and abandoning a 30 ft. x 601 ft. Drainage
Easement on Lots 80 and 81 of The Slavia Colony Co.’s Subdivision, as recorded
in Plat Book 2, Page 71 of the Public Records of Seminole County, Florida; and
further described as 1701 Mikler Road in Section 16, Township 21 S, Range 31 E;
as described in the proof of publication, Cecil A. Stone.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Springs PUD Major Amendment/
Saxon
and Clark, Continued
Continuation
of a public hearing from December 14, 2010, to consider a Major Amendment to
The Springs PUD (Planned Unit Development) and Addendum #9 to the Developer’s
Commitment Agreement, a portion of Tract 19 consisting of
approximately 1.19 acres, located on the north side of West S.R. 434,
approximately ¼ mile west of Markham Woods Road; as described in the proof of
publication, Saxon and Clark.
Joy Williams, Planner, Planning and
Development Division, addressed the Board to present the request, stating the
applicant is requesting an amendment to change the permitted uses on 1.19 acres
from Recreation Open Space to CN (Restricted Neighborhood Commercial). She gave a brief history of the PUD and
advised the applicant is proposing to construct an office/interior design
center. She further advised that the
Planning & Zoning Commission met on October 6, 2010 and voted unanimously
to recommend approval of the Major Amendment.
Ms. Williams stated the staff finds that the requested CN uses for the
subject site are compatible with the surrounding area and will not adversely
affect the community. Staff is
recommending approval of the requested Major Amendment.
Attorney Kurt Bauerle, representing the
applicants Donnie Saxon and Tom Clark, addressed the Board to display a map
(received and filed) of the subject property and describe the surrounding
areas. He stated the applicant has
followed the provisions of the Land Development Code in bringing this
application forward. He reviewed the
various meetings held to review and comment on this application. He said Petty’s Meat Market is in support of
the amendment, and The Springs Community Association has a letter in the file
indicating it is neutral. There are no
residential properties that immediately buffer the subject property, and the
nearest residential properties are ¼ mile from the subject site.
Attorney Bauerle explained that the character of SR
434 has changed since The Springs PUD was created over 30 years ago with a
commercial mode east of this site that is well developed. State Road 434 has been widened to six lanes,
and there is substantial commercial development of varying intensity on the
south side of SR 434 in the immediate area of the subject property. He said the CN use being requested is not
appreciatively different than the real estate office use that was existing on
the subject site for nearly 30 years until it was torn down. There is a public benefit that is served by
the amendment in that it allows for economic development and restores a
commercial use very similar to the one that existed on the site.
Attorney Bauerle reviewed the definition of open
space in Section 30.451(e) of the Land Development Code and said the subject
property is privately owned and is physically separated from The Springs by a
chain link fence; and, prior to the real estate office being torn down, a
commercial use operated there for nearly 30 years, so this does not qualify for
open space under the Code. He said it’s
never been a recreational area, is not owned by the residents, is physically
separated and is privately owned.
Therefore, the open space argument is a “red herring” in this
dialogue. Attorney Bauerle discussed
Policy FLU 2.4, Neighborhood Commercial Uses, and said the proposed amendment
does not encourage urban sprawl. The
subject property is located on a major arterial roadway, and the development
intensity is limited by virtue of the CN land use, and development shall occur
in accordance with the Seminole County Land Development Code. He urged the Commissioners to vote in favor
of the application.
Attorney Bauerle submitted copies (received
and filed) of his written presentation to the Board. Revised plats of different sections of The
Springs were received and filed.
Upon inquiry by Commissioner Henley
regarding the open space, Attorney Bauerle said the arguments about the open
space were made in the 1996 lawsuit. He
stated Earl Downs conveyed to The Springs Community Association a substantial
amount of acreage that comprises the area where the clubhouse is and where
Sanlando Springs is located, and all the related common areas. Parcel 19 and 19A were excluded from that
conveyance and that was the basis for the 1996 lawsuit where it was determined
that the Community Association has no interest in Parcel 19A. During further discussion, Commissioner
Henley said he has never known the Board to approve private open space for
general use of a community. Attorney
Bauerle stated under no circumstances does the subject property bear on the
issue of the open space calculation.
Discussion continued.
Upon inquiry by Commissioner Horan,
Attorney Bauerle submitted a copy (received and filed) of the Findings of Fact
he is asking the Board to find. Attorney
Bauerle said these findings are consistent with the Record that has been
developed through the five public meetings and consideration of this issue
going back a year.
Commissioner Dallari discussed the map
(copy in the staff report) showing the green areas going onto the private lots
and asked if that is open space.
Attorney Bauerle said the way the subdivision was originally platted, it
is identified on the plat maps as green belt.
He explained the map is consistent with the original plat which
identifies those areas as green belt.
Chairman Carey said in her subdivision on
Markham Woods, they used to have a green belt around the edge and it was
dedicated as an easement for open space.
That was how they used to do that, but she thinks they have gotten away
from that today.
Upon request by Commissioner Dallari, Attorney
Bauerle submitted copies of the easement documents (received and filed).
Chairman Carey said the parcel before the
Board today was sold out of the overall PUD and that’s why she doesn’t think
they can count it toward the green space.
Attorney Bauerle said The Springs Community Association had the
opportunity to buy this parcel when Mr. Downs made available the conveyance of
all the property surrounding the clubhouse and Sanlando Springs, but they
elected not to buy it.
Commissioner Horan discussed the Findings
of Fact submitted by Attorney Bauerle and also discussed that it was not
unusual in the 1970’s to have green space counted on private property based
upon a green belt reservation on the plat itself.
Chairman Carey advised she had received at
lunchtime a document (copy of memorandum was received and filed) giving a minor
change to the language for this amendment.
The other Commissioners advised they had also received that information.
John Parke, 120 Woodmill Road, addressed
the Board to state the original Parcels 19, 19A and 19B were part of the
original open space by Earl Downs, the developer. In 1996, Mr. Downs sold Parcel 19 to The
Springs Association and they passed on buying Parcels 19A and 19B. That was part of the 1996 lawsuit. Mr. Parke said on the issue of that area and
the highest and best use, they are fortunate to have Donnie Saxon, who will
make that a brilliant buffer zone area between commercial and residential.
Doug Holmes, 117 Bridgeway Circle,
addressed the Board to state this parcel had a real estate office that he
worked at for 17 years. There was a lot
of activity there then, but it’s been idle for the last few years with the
building not there. He said he stopped
at the property yesterday and walked into the woods. Either there is a lot of litter that has
blown into the woods or there are people living there. He stated the road in front of The Springs is
actually nine lanes (with a turn lane into the offices, a U-turn lane and
another lane). There is also a LYNX bus
stop there now. He thinks to say this
amendment will be a bad impact to the area is ludicrous. He knows that eventually something is going
to be there. He would like to see the
project that Mr. Saxon and Mr. Clark are proposing be there because he thinks
it will be nice.
Jes Baru, 108 Bridgeway Circle, addressed the
Board to state he moved to Seminole County in 1968, and he has seen the
progression of deterioration in the area since then. His first reaction when he heard about a
change was to be against it. Ever since
he gave it a second thought and found out he had better have something
controlled by the represented individuals rather than taking a chance in the
next few years that they will have other people that may not be as nice and may
force something they would not like to have.
He said he is now for this amendment, hoping it will be controlled and
add to the beauty of the area.
Bryan Botic, 113 Wisteria Drive, addressed
the Board to state he is in favor of this amendment. He said he also used to work out of the real
estate office that existed on the property.
They always had a half dozen cars in the parking lot with many people
working out of the building. That never
had any sort of negative impact on the community. What they did in the office and the new use
will not be any different as far as he is concerned. He said the property was not used in the past
for open space or recreation; and now there is a parking lot on the space. So, there is really no negative impact to the
community, and there is no housing near this property.
Steve Chitwood, 1540 Baltimore Drive,
addressed the Board to state he was the sales manager and marketing director of
The Springs when the building was constructed on the site. They did general real estate sales as well as
sales for The Springs itself. He said
this was set up so that it would be separate from the rest of the development.
Dianne Westbrook, 7080 Tallow Tree Road,
addressed the Board to state she knows Donnie Saxon and Tom Clark and anything
they put their efforts toward is done right.
She thinks this building will be an asset to the community and the
residents need to stop worrying about all they have been discussing. They need to worry about what will go there
if Mr. Saxon and Mr. Clark don’t put this beautiful building there.
Charles Williams, 121 Bridgeway Circle,
addressed the Board to state he would welcome a design center that reflects the
ambitious and progressive ideals of Donnie Saxon and Tom Clark which, in his
opinion, will not compromise the serenity and beauty of the neighborhood.
Evelyn Peisner, 310 Wild Olive Lane,
addressed the Board to state nobody likes change and she understands the people
who are very much against this, because they are afraid that this design center
will infringe on their lifestyle. But
the truth of the matter is she has lived in The Springs for 17 years and
everytime she drives by that area, she gets more and more aggravated because it
looks like a dump. She said there is
nothing there but scrubs and bushes, and people throw garbage in there. If somebody wants to come and put a building
there that will detract from the highway and stop any bit of noise from coming
into The Springs, she thinks that’s good.
She said nobody uses that area for recreation and there is no way they
could use it because there is a fence separating that area from the living and
recreational portion of The Springs. She
noted there is a gate along the fence, but only The Springs’ officers have a
key to the gate, so there is no way anyone could come through it. She thinks it would be a good thing to have
the building. The whole area is
commercial and this just adds another commercial building.
Bob Hrabousky, 1907 Lost Spring Court,
addressed the Board to state he currently sits on the Board of Directors for
The Springs Association and at one point they passed an amendment to not
support the amendment. After the
continuance last month, their Board voted to go to a neutral status.
Brian Mock, 333 Lake Brittany Court,
addressed the Board to state he has had the good fortune of doing business with
Saxon and Clark for 14 years. He said
there are 18 tax-paying families that depend on Saxon and Clark and numerous
people like him (suppliers, contractors, etc.).
Saxon and Clark are benevolent and good citizens of Seminole County and
are very good business people. Saxon and
Clark are only asking to develop 1.19 acres of the 3.5 acres that they legally
own. He hopes the Commissioners will
support what they intend to build on this piece of property that will enhance
SR 434 and the areas next to it.
Allyson Hidalgo, 107 Cedar Point Lane,
addressed the Board to state she has lived in The Springs for 21 years and she
owns Petty’s Meat Market which would be Saxon and Clark’s closest
neighbor. She said she is definitely for
the project. She thinks Saxon and Clark
are awesome at anything they do. They
could end up with some awful building if Saxon and Clark are forced to sell the
property. With Saxon and Clark, they
know it’s going to be classy and will enhance the area. She believes all of the businesses along
there are definitely for it and have e-mailed the Board. She said they need help as they have had a
really bad couple of years with all the road work that’s been going on. She stated there are definitely homeless
people living there who have been going into their garbage. She has been there for 31 years and there has
always been a building on that site.
When they bought 31 years ago, Earl Downs, C. A. Johnson and Mann Downs
told them the reason the PUD had been formed was because they wanted to control
what went there because of the space being behind it and they wanted it to be
environmentally very nice-looking. They
said as soon as all the buildings were sold, they had no problem taking it out
of a PUD, but nobody ever bothered to do that.
She said, as Commissioner Van Der Wide told them, the PUD has been
changed 27 times, so what’s one more time.
Nancy Holmes, 117 Bridgeway Circle,
addressed the Board to state she has worked half her life in The Springs. She reviewed her work history and said she
used to work in the building that has been taken down. She recalled that the developer’s daughter
used to be their sales manager and decided to go to law school and put the
property on the market for sale. Ms.
Holmes said she bought the sales office and the ground in 1985, and in 1987 she
bought the adjacent property sold at a joint venture. In 1996, the lawsuit was a stipulated
agreement that the previous owners did not have any legal interest in the
property and that she owned the property.
Before 1996, the developer had a 50-year recreational lease; and in
1996, the residents of The Springs decided to purchase that so they did not
have to pay the interest and everything.
She said there is a legal description for the recreation area and it
does not include this property and never has.
The sales office was not temporary and not just for The Springs. She said they sold everything to everybody.
Commissioner Henley stated he was going by
what was in the County Record.
Donald (Donnie) Saxon, applicant, addressed
the Board to state he recently moved from The Springs and he gave some history
of the subject property, stating they purchased the property in 2004 with the
understanding that the 1996 lawsuit indicated the property was fee simple owned
by Nancy Holmes and John Hardin. They
understood that the property was not part of The Springs, but is part of The
Springs PUD, as well as Petty’s Meat Market and everything around there. He said they did not develop the property
initially as the economy started turning, and they decided to hold off to see
what was going to happen. Then they
decided to downsize and located one block over in a temporary location on
Central Parkway. They leased that space
for 18 months until they could get this matter resolved so they could build a
building. They wanted to build a couple
of years ago; but when the highway widening began, Ms. Hidalgo and others said
it was not a good time to build, so they decided to hold off. He said the purchase price is not relative to
this matter. He stated they did not ask
for zoning for the lower portion of the property because they don’t need
it. He said he would have never
purchased the property had he thought for one minute that they would not be
able to build on it. They don’t
understand the whole thing about the recreation because when you read the 1996
lawsuit, it clearly states The Springs Association and neighborhood have no
reversionary rights, past or present, to the property in the form of easements
or ownership.
Mr. Saxon stated The Springs put up the 8 ft. tall
green fence that runs the entire length of the property all the way down to the
river that they cannot open unless they get written permission from Saxon and
Clark, and nobody in The Springs can go onto that property unless they get
written permission from them. He said
the proposal they put forth has a very residential look to it. It will enhance the neighborhood and not
detract from The Springs. This property
is a long way from the entrance to The Springs, so he doesn’t understand that
it could have a traffic impact to the entrance of the neighborhood. If anything, this project would help the
businesses beside them, because they allow people to use the paved parking lot
for the businesses next to their property.
Mr. Saxon thanked Commissioner Van Der
Weide for attending The Springs’ public meeting. He stated he has received many e-mails that
reference the petition in opposition and there are people who now do not want
to be part of that petition because they found out exactly what is taking
place.
Mr. Saxon further discussed the 1996
lawsuit with Commissioner Henley.
Chairman Carey advised she received five
letters (received and filed) in support of this proposal from The Springs
Community Association Board of Directors, A. J. Mueller, David Forthuber and
Sheri Martin.
Chairman Carey also advised of one Written
Comment Form (received and filed) from Paul Askew in opposition.
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Chairman Carey recessed the meeting at 2:32
p.m. and reconvened it at 2:40 p.m.
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Attorney Ken Wright, Shutts & Bowen,
representing a number of homeowners, addressed the Board to state he has 300+
signatures on a Petition, as shown on page _______, in opposition. He said several people asked that their names
be removed and they have been removed.
Attorney Wright began a PowerPoint presentation
(copy received and filed) with review of the “History of The Springs’ Real
Estate Office” and stated the real estate office is the “red herring” in all of
this. He said it was a non-conforming
use and was granted as a temporary sales office for purposes of allowing a
sales facility for a large community that was going to be developed and sold
out over a period of years. The office
was torn down in 2008 and it’s like a non-conforming billboard that once it’s
down and removed, it can’t be put back up.
He also said there are no grandfathered rights. He discussed the “Applicant’s Proposed PD
Amendment,” stating PUD’s can be amended, but there must be a legitimate basis
for changing the negotiated agreement.
He said the original PUD was negotiated to keep Tract 19 as open space
recreation to protect the river and to protect the residents. The developer, Earl Downs, kept 19A and 19B
out at that time. These were part of
Tract 19 at that time and originally described as Tract 19. He stated there is no Tract 19A and 19B. A portion of Tract 19 that fronted SR 434
erroneously was not purchased by The Springs when they were forced to buy out
the developer’s recreational contract.
The case in 1996 only resolved who owned the property, and the
successors of Earl Downs owned it in fee simple and could fence it off and keep
people off of it, but it still remains for purposes of the PUD as open space
and recreation.
Attorney Wright discussed the “1994 Application,”
stating the staff’s recommendation in 1994 was to deny this, which is the same
request. He reviewed the staff
recommendations for denial in 1994 and the findings of the BCC in 1994 to deny
the application. He said those specific
findings of fact are true today as then.
Attorney Wright concluded his presentation by
stating he thinks this requested amendment is wrong and should be denied. The fact that this piece of property buffered
development from The Springs is the important part of it. The value of this open space is to protect
the river run area and to protect the integrity of The Springs as being
something truly unique. It has worked
and ought to continue to work.
Discussion continued among Attorney Wright and
Commissioners Henley, Carey, Horan and Dallari regarding Item #4 of Other
Commitments in The Springs PUD Agreement dated April, 1977 (copy in the staff
report); application requests for changes to PUD’s are at the discretion of the
Board; C-1 and CN zonings; whether the application proposes a land use that is
consistent with the Comprehensive Plan or the PUD; why Attorney Wright thinks
the staff is wrong today; if the Board denies this application, what public
purpose is served by that denial; and Attorney Wright’s opinion of why the real
estate office was classified as temporary and that as additional buffering,
this piece of property should be left in recreational land use in order to keep
this a tranquil/quiet oasis.
Bob Shakar assigned his time to speak to Attorney
Wright.
Donald Ulrich, 131 Bridlewood Lane, addressed the
Board to state he is in opposition. He
also assigned his time to speak to Attorney Wright.
Basha Perez, 134 Wisteria Drive, addressed the Board
to state she lives in a very sensitive area in The Springs that is classified
as a flood zone. She said the best
prophet of the future is the past, and hopefully they can learn from the
mistakes they have made in the past so as not to repeat them in the future. She referred to the County giving approval
for another development to be built adjacent to The Springs. She said after that development, there was no
kind of buffer or consideration taken to The Springs’ property and the impact
the development would have on the sensitive area of The Springs. She said when they have any kind of rain, her
property becomes something similar to New Orleans. The water has nowhere to go and infringes on
her property that becomes flooded in front, back and sides. This all started when the County gave
permission for properties to be developed behind The Springs. She added, in the meantime, her property is
being destroyed because of a decision the County made years ago. She asked the Board for deep consideration
before any approval is made. She said
she does not have any problem for or against the requested amendment today, but
is talking about the future impact that development could have. Ms. Perez presented pictures (received and
filed) for display that showed the impact of flooding on her property.
Chairman Carey advised Ms. Perez that it sounds like
she has an issue with the development behind The Springs, and this particular
site today is already paved so she doesn’t think she will have any additional
impacts.
Commissioner Van Der Weide stated the County has been
involved one way or another in The Springs for years. He recalled that the permit to pump excess
water from Cranes Roost came from the State.
Don Eskin, 128 Woodmill Road, addressed the Board to
state he is opposed to the amendment and Attorney Wright has said it all.
Bonnie Bloom, 121 Bridlewood Lane, addressed the
Board to state she is opposed to the amendment.
They bought into a PUD and they would like to see it stay that way.
Rhoda Phillips, 109 Fairway Drive, addressed the
Board to state when she bought into The Springs almost 40 years ago, they had
amendments for the tennis courts and stables.
Her amendments were for the grounds and those amenities for the trees,
and little by little they are taking them away.
Chairman Carey advised she had three letters
(received and filed) in opposition from Gwen D. Bloom and Ted Kaiser (two
letters).
Ron Kenney did not speak, but assigned his
time to Attorney Wright. A letter in
opposition from Mr. Kenney was received and filed.
No one else spoke in support or in
opposition to the requested amendment.
Speaker Request Forms were received and
filed.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to deny the
request for a Major Amendment to The Springs PUD (Planned Unit Development) and
deny approval of Addendum #9 to the Developer’s Commitment Agreement, a portion
of Tract 19 consisting of approximately 1.19 acres located on the north side of
West SR 434, approximately ¼ mile west of Markham Woods Road; as described in
the proof of publication, Saxon and Clark; Denial Development Order, as shown
on page _______.
Under discussion, Commissioner Henley
stated from the very conception of this PUD, it was designed to be rural in
nature. It has been protected through
the years, except for the encroachment of widening the road, which does not
change the nature of the PUD at all.
Another section of the County that has been under attack for development
a number of years is Lazy Acres, and this Board has continually protected that
area because it is unique. The Springs
is a unique area and the PUD was set up with the purpose that it is unique. It was planned from the very beginning to be
unique. He thinks the layout as well as
the buffering along the front is there to protect it in spite of the widening
of the road. That’s why he believes the
Board needs to continue to protect that area, because it is a jewel.
Chairman Carey stated she is not going to
support the motion mainly because she’s been here 53 years and used to live in
The Springs. She thinks the character
has changed there; and the piece along SR 434 for the use being requested as
PUD zoning is negotiated zoning, and she thinks that would stop the future
things they may see come before the Board for the use of that property.
Commissioner Dallari said the reason he
seconded the motion is because it is a negotiated zoning; however, with
expansion of the urban area around The Springs, this was deliberately carved
out as a temporary location for a temporary real estate office and is still
deemed as recreational space. As the
area develops, additional safeguards need to be in place. He believes that’s the reason why it was
temporary and was clearly stated in the PUD.
The negotiation actually says it was to be recreational, and that is why
he will support the motion.
Attorney Bauerle gave rebuttal comments
stating the temporary nature of the real estate office doesn’t appear in the
language of the PUD that created the real estate office. He read from Addendum #3 to the PUD what Mr.
Downs contracted, stating The Springs Community Association does not maintain
the subject property, but it is privately owned. The language relating to the real estate
office says the real estate sales office was approved by the Board of County
Commissioners. Attorney Bauerle said he
doesn’t see how the office can be described as a non-conforming use. The language doesn’t say anything about the
real estate office being temporary, and all the people who have lived in The
Springs all these years have lived there with this real estate office being
there for nearly 30 years.
Upon inquiry by Commissioner Horan,
Attorney Bauerle explained how it would affect the buffer if this application
is granted. Commissioner Horan stated
his concern is if granting of this application adversely affects the amount of
the buffer room from SR 434. Attorney
Bauerle said he doesn’t think so because Woodbridge Road median is also a
wooded area. There is a wooded buffer
that exists within the fence that The Springs built that protects the community
from SR 434.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
Savannah Park at Heathrow Major Amendment/
Savannah
Meridian Acquisition Group
Proof of publication, as
shown on page _______, calling for a public hearing to consider a
Major Amendment to the Heathrow Planned Unit Development (PUD) on 9.85 acres, located
on the west side of International Parkway, between Wilson Road and Wayside Drive;
Savannah Meridian Acquisition Group, received and filed.
Commissioner Horan advised that pursuant to Section
112.3143 3(a) F.S., he will abstain from voting on this matter because it
appears to be a conflict of interest. He
said his law firm represents an individual who is a manager of a couple of
entities who own property within the referenced PUD, and his firm has advised
their client concerning the property which is the subject of this matter. He said he will also abstain from
participating in this public hearing.
Whereupon, Commissioner Horan left the meeting room at this time.
Kathy Hammel, Principal Planner, Growth Management,
addressed the Board to present the request and review the background on this
development, stating the Major Amendment is to allow for increased residential
density within The Exchange portion of the PUD.
She reviewed the proposed revisions to the amendment as outlined in the
Agenda Memorandum. Ms. Hammel advised
the Planning & Zoning Commission voted unanimously on December 1, 2010, to
recommend denial of the request. Staff
is recommending the Board approve the requested Major Amendment to the Savannah
Park at Heathrow PUD and approve the revised Final Master Plan and Addendum #3
to the Developer’s Commitment Agreement.
Commissioner Carey asked if the footprint of the
building changed. Ms. Hammel stated the
building is still on the same pad, but it had been four buildings before and is
now three buildings. There are now
walkways between the buildings to be able to access both parking lot
areas. The height has not changed.
Commissioner Carey clarified that the applicant is
reducing the size of the units which increases the number of units.
Attorney Paul D’Arelli, Berger Singerman,
representing the applicant, addressed the Board to state they are prepared
today to prove that the proposal is consistent with the Comprehensive Plan and
they have met the procedural requirements.
He submitted copies of the staff report (received and filed) that
contains the recommendation of approval and said they concur with that
approval. He said they did provide the
required Statement of Justification at the initial time of this request and he
submitted copies (received and filed) of same into the Record. Attorney D’Arelli introduced those who will
make presentations as follows: Mary Anne
Jarrell; Ray Scott; Jeremy Owens; Matt West; John DiGiovanni; Michael Vlass;
Mark Sneed; Michael Bleakley; and Steven Cohen.
He submitted biographies (received and filed) of some of the presenters
to the Record.
Mary Anne Jarrell, representing her family
as well as the Savannah Meridian Group, addressed the Board to state they have
met with Ashton Woods and Tall Trees homeowners on more than one occasion and
made a concerted effort to accommodate their suggestions and those of the
BCC. They have worked diligently to
create solutions giving as much consideration to the concerns of others while
insuring project viability. She reviewed
a PowerPoint presentation (received and filed) showing an aerial view of the
entire PUD and described the site; aerial view of the Exchange at Savannah Park
and described the site; Modifications, Savannah Park Current Application site
plan showing the four building configurations; Enhanced Landscape; Additional
Landscape Plan Northwest Boundary; Additional Landscape, Southern Boundary;
Elevations Landscape; Comparison, Current Approved Site Plan with Current
Application; Comparison of Parking; Residential Parking Comparison, Building C
Parking; Architectural Building Design and Rear Elevation; and Byron Anthony
Place, West Side.
Ray Scott addressed the Board to state they
have been in business 35 years and have done over 7,000 projects with over 100
in Seminole County, so they have a pretty strong fingerprint on the local
market. Over the last 20 years,
primarily what they have done is retail, office and housing. He continued the PowerPoint presentation,
showing the Current Application with three buildings and expanded front parcels
and stated this is a multi-use site where the uses are segregated (housing is
segregated from the retail). He said the
modifications to the site are typical to all their projects. He reviewed that the square footage is the
same in the apartments (800 sq. ft. to 1,000 sq. ft.) within the same
footprint; reviewed the amenities; the Residential Component; further described
the current application with three buildings and explained they have increased
the density on the site with the structured parking underneath. Mr. Scott said they are trying to minimize
urban sprawl and become a project that has a more dense feel to it and a
transition between the single-family residential and the buildings that will
eventually be across the street that are high-rises and mid-rises.
Mr. Scott continued with review of the
Parking Modifications and discussed the structured parking. He concluded that 90% of their projects are
changed in one shape or another. It’s
all based on the clients, what the tenants want, the mix of the tenants, the
rental or for sale markets, the construction cost, economic conditions and the
financing. They feel this modification
to the PUD will be good for the County, residents and users.
Jeremy Owens, CPH Engineers, addressed the
Board to speak about the underground parking and the stormwater system.
Upon inquiry by Commissioner Henley
regarding the cisterns and the volume of water being talked about, Mr. Owens
stated the geotechnical borings will determine how much water will be able to
flow to the area that they might be able to intercept and they will be sized
accordingly.
Matthew West, Ivey Planning Group, addressed the
Board to clarify that this property has never been designated HIP-TI. He continued the PowerPoint presentation with
PUD as Transitional Use to Tall Trees and said he thinks one of the things this
property was originally intended to be was a transitional use between Tall
Trees to the west and all the HIP Target Industries lands to the east. He thinks the property still functions as
that even with this requested amendment.
He described the transition and said the subject property is stepping
down in density and they are transitioning to the homes in Tall Trees. From this standpoint, they are not asking for
anything that wasn’t the original intent of the property. He submitted sections of the Code (received and
filed) that deal with PUD’s. He reviewed
PUD Standards and said all the uses they are asking for are permitted in a
PUD. He stated last year the Board
adopted an Energy Conservation Overlay (copy received and filed) which talks
about certain corridors in the County where the County is trying to encourage
multi-modal, mixed use and reduction of vehicle miles traveled. He said this property is in one of those
corridors. For the spirit of the intent
of the Energy Conservation Overlay, they are promoting a mixed-use project, a
pedestrian access between the residential and non-residential within the
PUD. He said the Energy Conservation
Overlay policies, which he submitted (received and file), encourage increased
densities so that in the future that would support transit or other forms of
multi-modal transportation.
Mr. West advised they are not asking for any
increased building heights nor reductions from the setbacks for
residential. There is no change to
access and the parking has been justified (parking analysis received and filed
with Letter dated Nov. 2, 2010 to Ms. Hammel from Mr. West.); and the parking
as proposed is previously approved. He
said there is safe, convenient access and they are encouraging the mix of
housing types, as in the County’s Housing Element (copy received and
filed). They are over the minimum size
threshold for a PUD. All the utilities
are available on the site and the infrastructure is substantially
constructed. Mr. West discussed the
Intent and Purpose of a PUD, and said this project has been developed and built
as a planned community. This is probably
a more acceptable program than was originally submitted as an office project
years ago, that was denied. He stated
this mixed-use project is as a result of negotiations and community
meetings. They are providing efficient
use of the land, a stable environment and character compatible with the
surrounding area.
John DiGiovanni, President of Inland Atlantic
Development Corporation, addressed the Board to state this is not speculation
with regard to the development of this site but it is a reality. There is an agreement in principal to move
forward on this site, and he submitted and read into the Record a letter (copy
received and filed) from the CEO of Inland Atlantic, Barry L. Lazarus,
expressing the same. Mr. DiGiovanni said
their intent is to invest more than $12 million in this project. They feel the investment will create a very
beneficial economic impact.
Michael Vlass, The Vlass Group (developer),
addressed the Board to state he did the Uptown Altamonte project that is still
in construction; and they are now developing Downtown Temple Terrace, another
mixed-use development. Over the years,
he has developed a variety of developments.
He showed the site plan for Downtown Temple Terrace (received and filed)
and explained this is called sustainable development and said you wind up with
multiple uses called “live, work, play.”
He explained horizontal mixed use and vertical mixed use. He said the developer’s job is to build an
attractive, environmental place where people wish to come, spend money and
shop. It is the retailers who determine
that. They tell the developers where
they want to be and what they want to do.
He described the Downtown Temple Terrace project. He showed the Savannah Park plan map
(received and filed) and described same.
He stated he thinks it is a very fine, viable development. It has been designed very appropriately and
is pedestrian-friendly. The target
market of the over 55 crowd is the demographic to go after.
Greg Jacoby, Vice President and CFO of Epoch
Management, addressed the Board to state he was also involved with the
development of Uptown Altamonte and several other multi-family real estate
projects throughout Florida that were in mixed-use settings. He said his experience indicates that
whenever you’re integrating residential in a mixed-use setting, his preference
is to keep the integrity of the residential together in the same building
components as much as possible versus creating these hybrid buildings of
residential over commercial or residential over retail use. He explained the reason is it is very
difficult, if non-existent, to find financing for equity investment for
projects that include this type of hybrid building component. The scarcity of finding lenders and/or
investors could jeopardize an entire project.
Also, there are a number of physical development challenges, like
parking conflicts between residential and commercial; sound mitigation of the
buildings; garbage smell and load areas; possible security issues; use of
different building material types; and more difficulty in designing buildings
where residential overlay commercial that lead to higher construction
cost. He said his experience, from a
property management standpoint, is that it is much more efficient to try to
deal with each component as a separate business model with all the residential
in one area and commercial or retail in one area. He stated his opinion is the applicant’s
desire to reconfigure these buildings to keep the integrity of the residential
buildings together and separate from the commercial and retail is a very
prudent decision on their part. He
further discussed the Uptown Altamonte project and said he doesn’t think
valuation should be a concern with the Savannah Park project and having the
apartments, creating the activity and the whole genre is important for the
success of the entire project.
Mark Sneed addressed the Board to state from his
experience, a couple of the design changes being brought before the Board today
will greatly increase the viability of the product and make it more
successful. In getting rid of the retail
on the ground floor and going with three levels of residential gives more mass
which is what will attract more residents and create a better product, which
will in turn feed the retail that is around it.
He said it is challenging to try and lease retail in the back of the
projects where they have limited visibility and are solely dependent upon
pedestrian traffic. He referred to the
Temple Terrace plan and explained where they eliminated the retail and brought
in some of the city functions with a performing arts center and a library. He said very little retail will be facing on
Main Street in that project, because it is not viable. He stated today, in the current economy,
retailers are not taking chances. What
they look for is visibility and accessibility.
By increasing the retail on the main road, it stands a better chance of
being successful.
Michael Bleakley, Senior Vice President, RBC Bank,
addressed the Board to state they approved the recommended change in the
project. He explained that the market
has come back and there is a demand for multi-family apartments in affordable
Class A and B type apartments. He
strongly feels that the highest and best use of this property is supported, not
only by the market studies but new appraisals in-house, that were done for
their own use and not the developers that support this project. They feel it will be good for Seminole County
and the banks.
Steven Cohen, Senior Vice President, American
Momentum Bank, addressed the Board to state he doesn’t have a stake in this
project; he’s not a lender, the architect or engineer, and he is not leasing
anything. What the Board has heard
really is true, that simpler is better.
He is for sustainable growth and is not a lender who’s out to make the
quick buck. He stated by going to a pure
use with this project, specifically, an upper scale, senior housing type use,
meets the need of the marketplace. For
the last 18 months that’s what he’s been doing.
That is where the capital flow is going to and that is where the market
dynamics are. As the lending community
gets back on its feet, he thinks they will see that those projects that are
pure, that meet the needs of the community will be the ones that are successful
and create value for the community and the property owners.
-------
Chairman Carey recessed the meeting at 4:28 p.m. and
reconvened it at 4:33 p.m.
-------
Scott Ryan, 5739 Byron Anthony Place, addressed the
Board to state he and his wife opposed the apartments in August and they are
opposing them today for the same reasons stated at that time. After the defeat of the Major Amendment on
August 10, 2010, he and his wife invested another half-million dollars on the
second floor. He said there are a lot of
solutions, but he doesn’t think apartments are the solution. He showed a site plan (received and filed in
the Savannah Park North Presentation Overview Booklet submitted) of
“Underground Parking – The Devil is in the Details,” and discussed the parking
garage, stating the essence of this submission revolves around underground
parking to facilitate the concept they are going to keep all the retail and
commercial. The parking garage would be
in the water and he is contending that it is not constructible and is not
financially feasible. He said it
severely imposes the elevations of their office building and for those reasons,
it won’t work and will never be delivered.
If it’s not delivered, they won’t have the retail or the
commercial. If they perfect the parking
garages, they will still be taking away retail.
Mr. Ryan discussed the parking garage water table,
referring to the Presentation Booklet’s geotechnical report page (received and
filed) by Ardaman & Associates showing the Boring Location Plan, and
explained why the parking garage is not constructible and why they can never
see underground parking garages in Florida.
Mr. Ryan referred to the Sheet Piling/Retaining Forms for Garage Parking
Concept and said to build the ramp to provide access into the building, the
applicant would need to displace probably 22 spaces of surface parking to gain
24 spaces in the underground parking garage.
He continued with discussing the Garage Parking Access Cross Section (to
scale), stating if the access ramp is extended at an 8% slope, it is going to
completely blemish the entire eastern elevation of the building. He reviewed The Original Bargain – Thru MA#2
and advised the view that would be seen from two stories would be a block wall
and that would ruin the market viability and interest. He discussed the Code Minimum Parking
Requirement and said the way the applicant dealt with the parking was to say
they will tow everybody on the main street after the hours of 8:00 a.m. He said he doesn’t believe anybody thinks
that is reasonable. He is begging the
applicant to quit on the apartment complex concept and do something else. The apartments won’t work and will ruin the
development along with his building. He
asked the Board to give closure to this item.
Mr. McMillan confirmed with Mr. Ryan that he wants
his previous arguments/presentation regarding apartments to be incorporated
into the Record today. Mr. Ryan stated
he wants to include their defense regarding transitional buffers, overreaching
density, mayhem on “Main Street”; disorientation (the whole argument), and the
buildings orientated through them.
Chairman Carey stated the last issue before the
Board was defeated and this is a different plan today. Whereupon, Mr. McMillan said the Board
doesn’t have to accept Mr. Ryan’s arguments, but he wants them on the Record
rather than having to present them all again.
He wants to have them reflected and incorporated.
Mr. Ryan stated he wants to advance all the
arguments before relating to apartments.
Attorney D’Arelli objected to Mr. Ryan’s
request. He said this is a different
application, and he is not the same counsel that represented the applicant at
the other hearing and has not had an opportunity to look at that evidence
and/or cross-examine the speaker today.
Mr. McMillan advised the Board prevailed with the 5th
DCA that the cross-examination is not necessary.
Chairman Carey stated she agrees that she would
object to Mr. Ryan’s request, but if he has a document that he wants to submit
into the public record to become a part of it, the Board would be happy to take
that. She explained that she thinks this
is a different application, process and product and she is not interested in
considering that for what the Board is considering today. However, if Mr. Ryan has a presentation
package and it had a lot of that information in it and he wants to submit that
to the Clerk to be a part of the public record, she thinks that’s fine; but she
is listening to the testimony as it’s being given today and she hopes that’s
what the other Commissioners are doing.
Commissioner Dallari stated he has no issue with
advancing that information as part of the public record.
Commissioner Henley said the data the Board has in
the back-up, including the minutes from the Planning & Zoning Commission,
are all a part of the record. He doesn’t
think the Board needs to take any further action.
Mr. McMillan advised that will be considered part of
the record but not information or things submitted at the last hearing.
Paul Partyka, 292 Solaris Wharf Street, addressed
the Board to state this is a simple issue of fairness and what’s right. The vision is one of diversity of not just
uses but also ages. The project brought
in was a town center concept plan. Some
have worked around the country and some have not, and a lot of that has to do
with the economy. The simple fact is there
were people who bought into this concept.
This is something that Mr. Ryan bought into. He actually invested $4 million into this and
prepared to build two buildings. At this
point, he has bought into the initial vision of a town center, a mixed-use lifestyle
center, and is geared up to be the focus for all the development in the
area. The economy is bad and they have
lost a lot of retail, residential and office.
He said Mr. Ryan was able to get the funding from Pinnacle Bank, so they
believed in the project. Like other good
projects, it needs to have some tweaking as it evolves, but this is a major
change. He stated the economy will
improve and get better, so the key is will the vision remain the same. What they don’t want to do is jeopardize the
vision of this project for a short-term situation. He urged the Board to support Mr. Ryan’s
project.
Carol Smith, 5392 Factors Walk Drive, addressed the
Board to state she has been trying to follow what’s been going on with this
development. She reviewed an earlier
amendment in 2008, where the density of the residential was increased from 20
to 60 (200%), and now the applicant is coming back and asking to increase the
density of the residential units from 60 to 110 (83%). As she walks through Byron Anthony Place and
sees the size of the property, her concern is the number of residents the
applicant is trying to put in there along with the commercial. When she looks at what’s being done with the
parking, the applicant is getting very creative to meet the parking
requirements. To her, that says the
density is more than what this land can stand.
Her concern is the density and the number of residents he’s trying to
put in this little portion. She said the
apartment building is not the only place that would support the retail. The Ashton Woods community is on both sides,
Tall Trees behind, and an approved plat for 170 hotel rooms across the street
which will also feed the retail within this development. Looking at the future, they have 429 that is
going to have an interchange right down the street, which is going to impact
the traffic in this area. She said they
also need to think long-term to the use in this area. She stated she is opposed to the density and
how it’s going to impact their neighborhoods.
Cynthia Long, 845 Belles Ferry Loop, representing
her neighbors, addressed the Board to state when she bought her townhome, she
bought it with the vision of a town center something like Winter Park Village
and Colonial Town Center. She hopes that
vision will still be built. She is one
of those people the applicant is looking to market to. She bought where she did because she felt it
was the kind of place where she wanted to live.
The apartments did not fit into that category. She was sold the vision of a town center and
not a huge apartment complex behind her house.
She thinks the apartments will totally ruin the quality of life in their
neighborhood and ruin the opportunity for more retail and office space to be
built. She also doesn’t think the apartments
will help with the economy as far as providing additional jobs, but building
and constructing the retail and office will provide the jobs needed. She said if you look at the plan presented
today, there is no open space, so the people will walk in her area. The applicant has included the open space at
her house to help out with their project.
She noted that under the vehicle and pedestrian circulation system, the
applicant has taken out Portions C and D which is a requirement to look at
modifying the parking spaces later on.
She thinks that needs to stay.
Further, as she understands it, the underground parking may not ever be
built if the second floor component is not built. She asked for clarification on that.
Chairman Carey stated those answers will come as
this moves along. If the applicant can’t
provide the parking, they will have to reduce the number of units.
Ms. Long noted that the previous units were 60
condos and not apartments.
Will Turner, 5739 Byron Anthony Place, President of
the Savannah Park North Condo Association, addressed the Board to state he has
Petitions, as shown on page _______, from 165 others opposing anything related
to additional apartments and submitted same.
He submitted a letter (received and filed) from John Reny, Division
President of Ashton Woods Homes, objecting to the requested Major
Amendment. He read some of the comments
(received and filed) from the Planning and Zoning Commission meeting concerning
the conflicts in parking and compromising of the codes.
Chairman Carey confirmed with Ms. Hammel that the
County Code does allow for the reduced parking size spaces.
Neal Ungar, 141 Stoney Ridge Drive, CFO of Savannah
Park North, addressed the Board to state he has been involved with this project
from its inception. He said as far as he
has seen in the history of this project, the applicant has never appeared to
have made any effort at filling the retail and commercial components of this
development. He feels that this
particular solution is a gateway to more apartments because they are in the
mode of debt retirement and whatever is the most convenient at the time for
them will be the easiest solution to satisfy their financial interests. He stated he opposes the project and does not
believe the retail or commercial will ever be built. He said he has heard that the PUD’s are just
a suggestion and the Board cannot make the applicant do any piece of the PUD,
as long as they do what’s been approved.
Attorney D’Arelli gave rebuttal comments stating
they worked very hard to get the retail component back in this project, so the
actual reduction in commercial, retail and offices is very minor. They are just repositioning uses on the site
to where their experts have opined it is more feasible. Regarding the form of ownership of the units,
he said the law does not regulate whether units are owned or rented. He said you are often better to have a
managed project, like this would be, when you have owners renting their own
condos. The fact they are going to have
an increase in density is going to go more to the viability of the project in
terms of putting more feet on the street to shop at the retail with disposable
income. He said they should not be
engaging in engineering issues at this discussion. The parking garage will go through full
engineering at the appropriate time. He
stated he can name numerous projects he has been involved in that have
underground parking structures, and it’s done all the time.
No one else spoke in support or in opposition.
Joan Levy and Dower Drummond were in attendance, but
did not speak.
Written Comment Forms in opposition from Dale Dicou,
Darrell Ealey, and Louis and Sylvia Silva were received and filed.
Speaker Request Forms were received and filed.
District Commissioner Carey stated this project,
while requesting a Major Amendment, is still a multi-use development. The only difference is the mix is not
integrated vertically in the residential building. It has always had residential, commercial
retail and office. She said as a PUD is
being developed, it is not uncommon for the land owners to request
amendments. She thinks the applicant has
worked very hard to respond to the comments of the Board. She also thinks it was previously addressed
to bring back the retail, and the commercial retail on the street makes a lot
of sense. She reminded the Board that
the vision of the International Parkway Corridor has always been a higher
density, with greater intensity and a mix of uses. She believes the request is consistent with
the Comprehensive Plan and the vision of this Board in the area. She recommended approval of the requested
Major Amendment.
Motion
by Commissioner Henley to approve the Major Amendment to the Savannah Park at
Heathrow Planned Unit Development (PUD) on 9.85 acres located on the west side
of International Parkway, between Wilson Road and Wayside Drive; as described
in the proof of publication, Savannah Meridian Acquisition Group.
Commissioner Carey surrendered the gavel to
Commissioner Henley in order to second
the motion.
Under discussion, Commissioner Henley said he agrees
with staff and thinks this meets the County’s Comprehensive Plan. He reminded the Board and the people that
there was quite an extensive study done under “How Shall We Grow?” which gave
specific recommendations that this Board unanimously adopted saying they would
apply those principles to the developments as they came forward, in order to
keep with the determination of over 20,000 people who had input into that
discussion. He said he is happy to see
the increase in the apartments and restoring some of the commercial that was
questioned before. He thinks it is
important for them to understand that this is not the first time the Board has
had a request to increase apartment units in a PUD. Since this is a multi-use, it is important
that they recognize the increase of that; and at the same time, they are
probably reducing traffic since the residents could shop and, perhaps, work on
site. Regarding the underground parking,
that’s the applicants’ problem and if they can’t do it, they will reduce the
units. He thinks the project is viable
and increases the taxes for the County and will provide some badly needed jobs
in this area.
Commissioner Dallari stated he will not be
supporting the project for a couple of reasons.
He said they went from 20 apartments to 60 and now they want to go to
110. They are basically making this an
apartment complex. The square footage
for the retail and commercial is coming back, though it’s not where it
was. He said this is not a residential
apartment complex. Looking at
International Parkway, it’s gone from a 25 ft. setback to 20 ft. They are really squeezing this in and making
it a very dense residential apartment complex.
That’s not what the PUD’s intent was from the beginning and that’s why
he will not be supporting this project.
Commissioner Van Der Weide stated he doesn’t see
anything today that would change his mind from the other two times he has voted
on this other than the fact it is becoming more intense and
apartment-oriented. He said they owe
some allegiance to the people already there, based on the assumptions they
thought were real. This is changing by
the wind.
Districts 4 and 5 voted AYE.
Commissioners Dallari and Van Der Weide voted NAY;
whereupon, the motion failed for the
lack of a majority vote.
Commissioner Horan abstained from voting due to a
conflict.
Upon inquiry by Commissioner Henley, Mr. McMillan
stated that rather than the hearing ending with no action, he would recommend
the Board make a motion to deny so the applicant has a final determination and
he can proceed with an appeal if he wishes to do so.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to deny the request
for a Major Amendment to the Savannah Park at Heathrow Planned Unit Development
(PUD) on 9.85 acres located on the west side of International Parkway, between
Wilson Road and Wayside Drive; as described in the proof of publication,
Savannah Meridian Acquisition Group; Denial Development Order, as shown on page
_______.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan abstained from voting due to a
conflict.
Commissioner Henley returned the gavel to
Commissioner Carey to resume the duties of Chairman.
Commissioner Horan submitted a Memorandum of Voting
conflict, as shown on page _______.
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Chairman Carey recessed the meeting at 5:19 p.m. and
reconvened it at 5:27 p.m. Commissioner
Horan returned to the meeting at this time.
Chairman Carey announced that the Acting County
Manager advised her that the libraries will be closing at 6:00 p.m. this
evening due to the severe storm warnings with strong winds expected at 7:00
p.m.
Wekiva Island Rezone/
Wekiva Green
Camp, LLC
Proof of publication, as
shown on page _______, calling for a public hearing to consider the
Wekiva Island Rezone from A-1 (Agriculture) to PUD (Planned Unit Development)
for approximately 5.5 acres, located at the northern terminus of Miami Springs
Road, Wekiva Green Camp, LLC, received and filed.
Ms. Hammel
presented the request and reviewed the project history, property history, and
the zoning analysis. She stated the
Planning and Zoning Commission met on December 1, 2010 and unanimously
recommended approval of the request to rezone, subject to the conditions of the
Development Order. Staff has reviewed
the PUD Preliminary Master for compliance for the requirements of the
Comprehensive Plan and is also recommending the Board approve the Wekiva Island
Rezone, per the conditions in the Development Order.
Attorney
Damon Chase, Chase, Freeman, representing the Wekiva Green Camp, Wekiva Island
Marina, addressed the Board to state the request is to rezone the property to
Recreation and the Future Land Use is Recreation. He asked for those in attendance in support
to raise their hands, and approximately 12 persons raised their hands. He reviewed that over the past year and a
half, they have met many times with staff and the neighbors and have come to
agreements and then additional things are requested of them. He said everybody has agreed with the
Development Order presented today. He
asked if they can make a minor change to increase the hours of operation on
Fridays and Saturdays only from 9:00 p.m. to 11:00 p.m. He explained they have lost substantially
more money this year because they are closing on Friday and Saturday nights at
9:00 p.m.
Matt West
submitted to the Record his letter (copy received and filed) dated November 9,
2010 to Ms. Hammel with documents presented for the December 1, 2010, Planning
and Zoning Commission meeting. He
reviewed the documents submitted. He
gave a PowerPoint presentation (copy received and filed) and advised if the
Board approves this request, they will be doing wetland buffer restoration;
will have water quality on the site, parking limits are in the Development
Order; there are restrictions on no additional permanent buildings; there is an
educational component; traffic calming is introduced into this development,
subject to the County Engineer’s approval; they are reducing the impervious
areas; promoting green building techniques; restricting the hours of operation;
and alcohol is restricted to beer and wine only.
Dr. Mike
Dennis, Breedlove, Dennis & Associates, addressed the Board to continue the
PowerPoint presentation, stating this is an existing long-established
recreational facility; the proposed activities don’t impact wetlands; this
should not have any additional or changed impacts on any listed protected
species; the project would benefit the environment for the reasons noted with
stormwater treatment and buffers; and they have met with the appropriate
permitting agency, Department of Environmental Protection, and gone over the
project and what activities need a permit and those that do not.
Chairman
Carey asked Brett Blackadar to speak concerning his memorandum regarding the
traffic calming devices.
Brett
Blackadar, Acting Assistant County Engineer, addressed the Board to review the
staff’s recommendation for using a speed display board to be put closer to
Miami Springs Road near the intersection with Wekiva Springs Road with the
applicant to pay for the cost of the sign and maintenance of the sign in the
future. Whereupon, Chairman Carey said
if the Board takes into consideration the staff’s recommendation, a change to
Item (j) of the Development Order would need to be addressed by the Board. Discussion ensued regarding the recommendation.
Attorney Chase stated they
are going to do whatever is necessary to make sure the traffic is good. If the motion is for them to take care of the
traffic monitoring device, they would like it to be at peak times so they are
not having to maintain it all during the winter, and they would prefer
solar.
Chairman Carey noted she
was just pointing out that the Engineering Department said they think a more
beneficial solution to traffic calming would be the sign versus building the
raised medians and possibly having to address other things. She said the property owner nodded his head
that he was in agreement.
Mike Barr, 1003 Leeds
Court, addressed the Board to state he relinquishes his time to speak.
Written
Comment Forms from Dawn Beske and Kelly Watkins in support were received and
filed.
Chris
Knipfing, 957 Bearded Oaks Terrace, President of Sweetwater Springs Homeowners
Association, addressed the Board to state he has attended all of the public
meetings and participated in numerous negotiating sessions with the applicant
in good faith and for them to come now and request an extension of the hours of
operation significantly changes the dynamic of their negotiation. He thinks this is unfair, and the Board
should either rule on the deal as it was approved by the Planning and Zoning
Commission on December 1, 2010, or table this and have an opportunity to
discuss the massive impact this will have on their community. He discussed some issues in the Development
Order regarding the following: Item
(3)b.5., River Cabana Rental, and requested the language be changed to “will be
completely removed to meet temporary status”; and Item (3)b.8., Sale of beer
and wine, Mr. Knipfing asked that the P&Z staff ask for and review the
survey carefully referenced by Mr. West during the site plan and final master
plan process.
Mr. Knipfing stated the
position of the majority of the Sweetwater Springs residents has never been to
shut the applicant down. They support
the Wekiva Island’s efforts to clean up the property, provide environmental
education and continue public access to the river. They agree with the question raised at the
P&Z meeting that if the applicant’s intent is for eco-tourism, why is there
a need to be open after dark. He asked
the Board to consider his comments about the hours of operation.
No one else spoke in
support or in opposition.
Speaker Request Forms were
received and filed.
Attorney Chase gave
rebuttal comments regarding the hours of operation and said as it stands now,
they can stay open as late as they want.
They were willing to try to do things as closely to what the neighbors
were asking, but if they don’t stay open later on Friday and Saturday nights,
they will go out of business. He said
11:00 p.m. is reasonable and ties in with the way the property has been used
for decades.
District
Commissioner Van Der Weide stated the Board could make sure this place never
operates. They could set so many rules
that the citizens would never put their foot in the water, and it would be just
set aside for a few homeowners. If they
make the business close at the hours agreed upon in the Development Order, he
doesn’t see them being able to survive.
That’s why he has no problem going with the change.
Commissioner
Henley said he thinks that’s a reasonable request. In all the years he has been on the Board, he
doesn’t recall them being that restrictive on a business’s hours of operation.
Chairman
Carey clarified with Ms. Hammel that there will be no outdoor amplification
after 6:00 p.m.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to enact
Ordinance #2011-3, as shown on page _______, approving the Wekiva Island Rezone
from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately
5.5 acres, located at the northern terminus of Miami Springs Road; as described
in the proof of publication, Wekiva Green Camp, LLC, with staff findings and
stipulations in the Development Order, as shown on page _______, with
exceptions to Item (3)c.1. changing the hours of operation limited to 8 a.m. to
11:00 p.m. on Friday and Saturday nights;
and Item (3)j. amended to approve the staff’s recommendation for a
flashing sign instead of a calming island.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA, Continued
Chairman Carey advised that the request by The Wekiva Green Camp, LLC,
for a Special Event Permit to
allow an outdoor Super Bowl Party
at The Wekiva Island from 4 p.m. to 12
a.m. on February 6, 2011, has been withdrawn.
LEGISLATIVE
UPDATE
Chairman Carey advised she had confirmed with
Assistant County Manager Sabrina O’Bryan that her report on legislative
activities could be put on hold, so she will pass over the Legislative Update.
CHAIRMAN’S REPORT
Chairman Carey stated the Oviedo and Winter
Springs Joint Economic Development Task Force By-laws states one senior staff
member will be designated by the Board of County Commissioners. She recommended appointing Nicole Guillet.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to appoint Nicole
Guillet to the Oviedo and Winter Springs Joint Economic Development Task Force.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey recommended appointing Carol
Hunter to the South Seminole North Orange County Wastewater Transmission
Authority and reappointing Dr. Joseph Vaughn to the Animal Control Board.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to appoint Carol
Hunter as the County’s representative to the South Seminole North Orange County
Wastewater Transmission Authority (SSNOCWTA), replacing Dennis Westrick, and
reappointing Dr. Joseph Vaughn, Veterinarian, to the Animal Control Board.
Under discussion, Commissioner Henley said
something has to be done to straighten out all the confusion with Animal
Services.
Commissioner Van Der Weide said he used to
attend the Animal Control Board meetings and he was not impressed with the
Veterinarian representative.
Chairman Carey stated she has known Dr.
Vaughn for years and she is not opposed to him.
Mr. Forte asked the Board to include Gary
Rudolph in the motion for appointment to SSNOCWTA as the alternate.
Commissioner Dallari amended
the motion to include Gary Rudolph as the alternate appointment to SSNOCWTA
and Commissioner Henley agreed to
the amendment.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
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Chairman Carey stated she attended on Wednesday, Jan. 12, the
Central Florida Commission on Homelessness and said the 2011 Point and Time
Count for the Homeless will be held this Friday, Jan. 28. If anyone is interested, she has the
information in her office for more details.
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Chairman Carey asked for clarification on the Gaming Ordinance
from Mr. McMillan. She asked at the time
there is litigation, who will be prosecuting that.
Mr. McMillan said he will be meeting with the Sheriff’s Office
on Monday to discuss this. He said he
would not be doing anything until he brings issues back to the Board for
direction. Discussion ensued.
Commissioner Van Der Weide said if they are not careful, they
can make sure these matters never get taken care of. Mr. McMillan said the Sheriff has options
besides taking cases to the Code Enforcement Board. He said he doesn’t see the Code Enforcement
Board as an effective tool for dealing with the big issues, but they may be a
tool for citing individuals who violate the code.
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Chairman Carey advised she received information on medical cards
for prescriptions from Coast to Coast that is similar to the NACo program. She forwarded that information to Mr. Forte’s
office who forwarded it to Michelle Saunders to look into. She is in the process of talking to other
counties who have switched to this service to see if it’s better, how it works
and what the difference is. Chairman
Carey said she will bring this back to the Board.
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Chairman Carey stated a number of counties are waiving their
impact fees and doing a lot of things to encourage development in their
counties. She suggested that Seminole
County streamline their process. She
asked Nicole Guillet and Tina Williamson to put some information together
regarding that and a couple of things they came up with was to shave a week or
two off of the current review cycle without creating a hardship on the staff,
but all the Departments need to be involved in the review process. Chairman Carey asked if it is the consensus
of the Board to look at streamlining the process in the Planning Department in
order to remain competitive.
Commissioner Dallari said he thinks this is a great idea, but
they need to check with the seven cities to see if they are willing to do the
same.
Chairman Carey said also that some counties offer a premium fee
that can be paid if someone wants to expedite the permit. Seminole County’s Planning Department does
not do that. She thinks there are a lot
of things the County can do and she wanted to get consensus from the Board for
the Planning Department to continue with this.
Mr. Forte advised that before the holidays, he tasked the
Business Process Management Group to evaluate the current process that the
Building and Planning Departments use.
They have mapped that out and met with Ms. Guillet, and he is setting up
a meeting with ACM Sabrina O’Bryan, Ms. Guillet and that team to look at how
they can streamline that. He doesn’t
think the Chairman needs to get a consensus as staff is underway to get that
done.
Chairman Carey stated they need the departments leading the
charge on how they are going to move these things forward. As surrounding counties have already taken
action to waive their impact fees, they can’t afford to wait six months or a
year before getting this back to the Board to have some suggestions, so she
would like to see this come back pretty quickly.
The Board voiced no
objections. Whereupon, Chairman
Carey directed Mr. Forte to make it a priority to finish and continue the
mapping.
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Chairman Carey stated there is a lot of discussion going on at
the Regional Planning Councils regarding the future of Regional Planning
Councils and she and Commissioner Horan will keep the Board abreast of that.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and
filed:
1. Memorandum dated December 14, 2010 to Recipients
of the Mars Science Laboratory 2006 Final Environmental Impact Statement from
the Mars Exploration Program Executive re: Modified Record of Decision.
2. Memorandum dated January 7, 2011 to Property
Owner from the City of Casselberry Planning Division re: change of zoning designation of a portion of
the property at 1060 Seminole Blvd.
3. Letter dated January 9, 2011 to the Board of
County Commissioners from Audrey Posocco re: reform of Seminole County Animal Services
(enclosure of 100+ petitions).
4. Letter dated January 10, 2011 to Chairman
Brenda Carey from the Florida Dept. of Health re: EMS County Grant Program.
5. Memorandum received January 10, 2011, to
Chairman Brenda Carey from the U.S. Department of Housing and Urban Development
re: request for release of funds and
certification.
6. Letter dated January 11, 2011 from Chairman
Brenda Carey to The Grove Counseling Center re: the Heart of Florida United Way “Developing
Healthy Children and Families” Initiative Grant.
7. Letter dated January 11, 2011 from Chairman
Brenda Carey to the National Center on Senior Transportation re: grant application.
8. Letters dated January 11, 2011 from Chairman
Brenda Carey re: Board liaison appointments
as indicated below:
to
John Metsopoulos appointing John Horan to the 17-92 CRA;
to
Joe Montisano, Central FL Zoo, appointing Brenda Carey to the Zoo Board;
to
Capt. Greg Barnett, Sheriff’s Office, appointing Brenda Carey to the Seminole
Community Alliance;
to
Tawny Olore, Central Florida Commuter Rail appointing Carlton Henley to the
Central Florida Commuter Rail Commission;
to
Jacob Stuart appointing Carlton Henley to MyRegion.org;
to
Phil Laurien appointing John Horan and Brenda Carey to the East Central Florida
Regional Planning Council;
to
Frank Hale appointing Bob Dallari to the Envision Seminole Board;
to
Andrew Van Gaale appointing Dick Van Der Weide to the Port Authority;
to
John Delaney appointing Brenda Carey to the St. Johns River Alliance;
to
Margot Knight appointing John Horan to the United Arts Board;
to
Maryanne Morse appointing Dick Van Der Weide and Bob Dallari to the Value
Adjustment Board;
to
Jennifer Taylor appointing John Horan to the YouthBuild Board; and
to
Carol Foster appointing Bob Dallari to serve on CALNO.
9. Notice of meeting from the City of Lake Mary
re: Sand Pond Road and Skyline Drive
Roadway improvements.
10. Letter
dated January 11, 2011 to Chairman Brenda Carey from the City of Sanford re: the appointment of Mayor Triplett to serve on
the Mayor/Managers Council and Comm. Williams to continue to serve on the TDC.
11. Letter
dated January 11, 2011 to Chairman Brenda Carey from the City of Sanford re: the appointments to represent the City on the
17/92 CRA.
12. Letter
dated January 14, 2011 to the Florida Public Service Commission copied to the
Seminole County Commission re: Case #0989662-C.
13. Letter
dated January 19, 2011 to Robert C. Hopkins from the City Clerk of Sanford and copied
to Chairman Brenda Carey re: appointment
to the Sanford CRA.
DISTRICT COMMISSIONERS’ REPORTS
Chairman Carey recommended a motion to
appoint Pamela Neil to the Library Advisory Board and a Resolution of
Appreciation to Rose Reeves for her service on that Board.
Motion
by Commissioner Henley, seconded by Commissioner Dallari, to appoint Pamela
Neil to the Library Advisory Board for a two-year term expiring January, 2013;
and adopt appropriate Resolution #2011-R-21, as shown on page _______, of
Appreciation to Rose Reeves for her service on the Library Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari said he wants to make
sure Mr. Forte has all the petitions and letters received in two weeks
regarding the Animal Control Board, and he submitted his copies of same to Mr.
Forte. Mr. Forte stated he has a meeting
scheduled this Friday with Mr. Stone and Mr. Woodward, Animal Services, to
discuss this.
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Commissioner Dallari said he has noticed
lately that staff is forwarding their phones to the “Help Desk.” Mr. Forte stated he will be addressing that
this Friday with the Directors.
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Commissioner Dallari asked Mr. Forte to
give the Board an update in the future on the copier/scanner replacement
schedule that the Board talked about last year.
Mr. Forte said the County will not buy multi-function devices while
paying leases on existing equipment, but as they fade out, something will be
done. One unit is being purchased for
Environmental Services and four others are coming. Commissioner Dallari asked to receive a
written report.
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Commissioner Horan announced that
Commissioner Dallari received an award from the organizers of the Highlands
Festival for his participation in that event.
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Motion
by Commissioner Horan, seconded by Commissioner Dallari, to appoint Bob
Steenson to the Leisure Services Advisory Committee for a term ending January
1, 2014; and adopt appropriate Resolution #2011-R-22, as shown on page _______,
of Appreciation to Tom Donihi for his service on the Leisure Services Advisory
Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to reappoint
the following: Rex Clonts, Jr. to the
Agriculture Advisory Committee for a two-year term ending January 1, 2013;
Debra Garramone-McMenemy to the Animal Control Board for a one-year term ending
January 1, 2012; Marti Chan to the Contractor Examiner Board for a one-year
term ending January 1, 2012; Rosealee Wright Cook to the Historical Commission
for a two-year term ending January 1, 2013; Paul Zuromski to the Historical
Commission for a two-year term ending January 1, 2013; and Mike Bowdoin to the
Planning and Zoning Commission for a four-year term ending January 1, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt
appropriate Resolution #2011-R-23, as shown on page _______, of Appreciation to
Elizabeth Murphrey and Resolution #2011-R-24, as shown on page _______, of
Appreciation to Doreen Kirk for their past service on the Disability Advisory
Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari, to appoint
Lance Lafleur to the Agriculture Advisory Committee for a two-year term ending
January 1, 2013.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Henley reported on a previous
code enforcement case for Mr. Alan Davis that the yard is junkier than it ever
was.
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Commissioner Henley reported that he
attended and spoke at a meeting sponsored by Progress Energy in the Winwood
area on their energy savings program and about 75 people showed up. Progress Energy presented and he accepted, on
behalf of the Board, a plaque from them.
Commissioner Henley said he thinks this is a good program and there was
excellent response to it in Winwood.
Chairman Carey read the plaque to the Board and submitted it to Mr.
Forte for placing in a prominent space.
COUNTY MANAGER’S REPORT
Mr. Forte asked the Board to appoint Brett
Blackadar as the alternate to the Commuter Rail Technical Advisory Committee.
Motion
by Commissioner Dallari, seconded by Commissioner Horan, to appoint Brett
Blackadar as the alternate to the Commuter Rail Technical Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Mr. Forte asked the Board to allow him,
through the County Attorney’s Office, to file a petition for an administrative
hearing concerning the cost-sharing reconciliation of the DJJ for the 2009-10
bill; and request permission, through the County Attorney’s Office, to petition
and intervene in concerns involving the cost-sharing of the 2008-09 DJJ
bill. He explained the reason for same.
Motion
by Commissioner Dallari, seconded by Commissioner Horan, to authorize Mr.
Forte, through the County Attorney’s Office, to file a petition for an
administrative hearing concerning the cost-sharing reconciliation of the DJJ
for the 2009-10 bill; and authorize permission, through the County Attorney’s
Office, to petition and intervene in concerns involving the cost-sharing of the
2008-09 DJJ bill.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated on the DJJ, the
Sheriff is looking at possibly taking that over in the County since they can’t
seem to control the cost from the State.
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Mr. Forte advised with the Board’s
approval, staff would like to bring back some changes to Chapter 40 of the
Seminole County Code at the next meeting with regards to how the Building
Official takes a position on certain things.
This deals with issues on permits that expire.
The Board gave consensus for staff to bring this back at the next meeting.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 6:15 p.m.,
this same date.
ATTEST________________________Clerk_____________________Chairman
er/cc