BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 23, 2012
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October 23, 2012,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Commissioner
Bob Dallari (District 1)
Commissioner
John Horan (District 2)
Commissioner
Dick Van Der Weide (District 3)
Clerk
of Court Maryanne Morse (late)
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Absent:
Commissioner Carlton
Henley (District 4)
Commissioner Van Der Weide gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Maryanne Morse, Clerk of Court, entered the meeting at this
time.
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Andrew Van Gaale, Seminole County Port Authority Director,
addressed the Board to state the Port Authority has had a good year and things
are optimistic. He said he would like to
present a check in the amount of $450,000 of surplus funds. He stated the Port Authority’s audit was
completed last month and it will be presented at their next meeting.
Upon inquiry by Commissioner Dallari, Mr. Van Gaale advised the
occupancy level is back to almost 90% and business is steadily increasing and
vacancies are decreasing. The Port is
looking at about a 50% profit margin and they have had a really good year on
the profit side.
Mr. Van Gaale presented the check to Maryanne Morse, Clerk of
Court.
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Tawny Olore, Florida Department of Transportation (FDOT),
addressed the Board to give an update on SunRail, and she presented the Board
with cups, pens, and sticky notes. She
said she would like to update the Board on some media reports that the SunRail construction
has been halted. Ms. Olore stated FDOT
has been very proactive with the Federal Railroad Administration and Federal
Transit Administration about safety on that corridor. FDOT
is the owner and operator of an active rail line and they have enlisted their
federal partners to help them audit a lot of the contractors to make sure that
all of the construction is happening in the utmost safe environment. In that audit, the Federal Railroad
Administration indicated that there are some things that could be done better
in terms of safety training. The FDOT
has decided to retrain the personnel that are bringing trains into the work
zones. She stated not all of the construction
has been halted as there are a number of contractors constructing the
stations. The contractors that are doing
the live tracks are being retrained to make sure that everything out there is
safe.
Upon inquiry by Commissioner Dallari, Ms. Olore advised this will
not affect the overall schedule. She
stated 100% of the construction should resume by the end of today or tomorrow
morning. She added safety is their
number one priority and they will make sure that the job site shuts down if
there are questions about training or anything else going on in the field.
Upon inquiry by Commissioner Horan, Ms. Olore advised it was
shut down last Friday and they have been working through the weekend to get
hundreds of workers retrained so that they understand all of the safety
precautions.
Ms. Olore started her PowerPoint Presentation (received and
filed) by reviewing the Project Update relating to the Central Florida Commuter
Rail Commission meeting and the Orlando Regional Realtor’s Association and Technical
Advisory Committee (TAC) Corridor Tours.
She displayed photos of the following:
citizens en route to Deland, members of the Orlando Realtor Group and
other citizens waiting for the train, everyone boarding the train, the train
passing Lake Mary, workers in Maitland, Florida Hospital platforms taking
shape, construction at Church Street, the train arriving at Kissimmee, the citizens
heading to the luncheon presentation at the Kissimmee Civic Center and
individuals attending the luncheon. Ms.
Olore also displayed and reviewed slides of the DBM (Design, Build and
Maintain) of the SunRail corridor; Rail Delivery and Platform Construction; the
Vehicle Storage and Maintenance Facility; Station Finishes in Debary; Designing
and Building of Locomotives and Coaches/Cab Cars; What the Cars will look like
after completed; Fare Collection Systems; Marketing and Business Development
Contractor (DTS) on board; Public Involvement Contractor (Cunningham Group) on
board; Advertisement of the Signal Maintenance of Way Contract; The process of
advertising the Operation and Maintenance Contract; and Mike Kirchanski working
with the Federal Railroad Administration as well as the Federal Transit
Administration pertaining to Safety and Security. She advised that they have been accepted into
the Final Design for Phase II South, and also, they will be marching towards an
FFGA next year for this phase. She added
that they are working with the Federal Transit Administration for the Phase II
North project. She explained what they
have done regarding the Transit Oriented Development as well as the website matrix. She concluded by informing the Board of the
number of social media that everyone can follow SunRail on.
Upon inquiry by Commissioner Dallari, Ms. Olore advised the
Florida Association of Realtors was really impressed with this project. She explained that the Realtors are
considering putting all of their listings close to the nearest station on the
MLS, as well as marketing SunRail to new residents that are coming to Central
Florida.
Chairman Carey stated it is nice to see the project moving
along. FDOT has always been proactive
when it comes to safety and she is looking forward to the workers getting back
to work.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, stated staff would like to pull Item #3, Veteran’s Memorial Park
Foundation Grant Agreement. He added
staff feels that further enhancements can be made to that, therefore, it will be
brought back at the next meeting.
Chairman Carey requested that Item #9, Approve Facility Use
Agreement for Wellness Solutions Today, be pulled
for a separate vote.
Motion by Commissioner Dallari, seconded by Commissioner Horan to
authorize and approve the following:
County Manager’s
Office
Business Office
3. Pulled
from the agenda request to Approve the Memorial Grant Agreement between
Seminole County and Central Florida Veterans Memorial Park Foundation, Inc. in
order to appropriate $150,000.00 (broken down into two payments of $75,000.00)
for costs associated with construction, operation and maintenance of the
Memorial being built at the Veterans Administration Medical Complex, which is
being constructed within Lake Nona Medical City.
Community
Services
Business Office
4. Approve and authorize the
Chairman to execute the Contract, as shown on page ________, between Seminole
County and State of Florida Department of Health for operation of the Seminole
County Health Department Contract Year 2012-2013 in the amount of $807,970.
5. Approve and authorize the
Chairman to execute the Satisfactions of Second Mortgage, as shown on page
________, for the following households assisted under the County's SHIP Home
Ownership Assistance Program and the Foreclosure Prevention Program: Jenny Alvarez; Shayesteh
Assadi; Willie H. and Marlene Bell; Paulette
Campbell; Victor Cruz and Gaudi Rodriguez; Adrienne Fuller and Adrian K.
Fuller; Jay Hamrick; Douglas and Mary Mackey; Melanie McCormick; Glenda Ostaloza;
Felipe Rodriguez and Maria Esther Fernandez; Marilyn Ruiz; Gregory and Sabrina
Stringham; James Tenefrancia; Rosa Torres; and Jessica Gomes.
Community
Assistance Division
6. Approve the revised policies
regarding the selection criteria for future Community Service Agency
Partnership funding.
Community
Development Division
7. Approve the NSP3 Substantial
Amendment, as shown on page _________, to add additional target areas in
Sanlando Springs and Winter Springs to provide neighborhood stability through
the acquisition of foreclosed units; approve the NSP1 Substantial Amendment, as
shown on page ________, revising program delivery to match NSP3, and authorize
the Chairman to execute the Restated HUD Neighborhood Stabilization Program Developer
Agreement, as shown on page ________, with Habitat for Humanity for Acquisition,
Rehabilitation, and Resale of Single Family Homes (RFP-CS01-12/RTB).
Economic &
Community Development Services
Planning &
Development Division
8. Approve and authorize the Chairman
to execute appropriate Resolution #2012-R-191, as shown on page ________, vacating
and abandoning a portion of a platted drainage and utility easement, Roberto
Gomez, as shown on the plat of Oak Creek, Lot 15, recorded in Plat Book 43, Pages
1 and 2 of the Public Records of Seminole County.
Tourism
Development Division
10. Approve and authorize the
Chairman to execute an Agreement, as shown on page ________, with the Freedom
Sports Association in the amount of $2,900.57 for the 2012 Freedom Sports World
Tournament to be held on November 2-4, 2012.
11. Approve and authorize the
Chairman to execute an Agreement, as shown on page _________, with the Florida
Amateur Softball Association in the amount of $6,791.45 for the 2013 January International
Fast Pitch Softball Tournament to be held on January 17-20, 2013.
Public Works
Engineering
Division
12. Adopt appropriate Resolution #2012-R-192,
as shown on page ________, and authorize the Chairman to execute Termination of
Locally Funded Agreement, as shown on page ________, with the Florida Department
of Transportation related to the right-of-way acquisition phase of the County
Road 426 Project from Division Street to State Road 46. (FDOT- Financial Management
Number 419679-2-4B/41/43-01).
13. Adopt appropriate Resolution #2012-R-193,
as shown on page ________, and authorize the Chairman to execute the Locally
Funded Agreement, as shown on page ________, with the State of Florida Department
of Transportation for the reconstruction of the North Street Railroad Crossing
in conjunction with the Central Florida Commuter Rail (SunRail) System.
14. Approve and authorize the
Chairman to execute a Local Agency Certification Agreement, as shown on page
_________, with the State of Florida Department of Transportation.
Traffic
Engineering Division
15. Adopt appropriate Resolution #2012-R-194,
as shown on page _________, and authorize the Chairman to execute a Locally
Funded Agreement Supplemental Amendment Number 1, as shown on page ________,
between the State of Florida Department of Transportation and Seminole County
for upgrading the traffic signal at the SR 400/I-4 and SR 46 interchange from
Span Wire to Mast Arm signal.
16. Approve and authorize the Chairman
to execute the Decorative Sign Agreement, as shown on page ________, between
Seminole County and NTS Development Company for Sabal Park Apartments located on
W. Sabal Palm Drive.
Watershed
Management Division
17. Approve and authorize the
Chairman to execute the Revenue Agreement, as shown on page ________, between
Seminole County and The University of Florida Board of Trustees for the Florida
Yards & Neighborhood Program (FYN).
Resource
Management
Budget and
Fiscal Management Division
18. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-195, as shown on page
________, implementing Budget Amendment Request (BAR) #13-003 through the 2001
Infrastructure Sales Tax Fund using reserves to fund the newly established
Waverly Dr. Culvert Replacement Project for an estimated cost of $460,000.
19. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-196, as shown on page
________, implementing Budget Amendment Request (BAR) #13-004 through the 2001
Infrastructure Sales Tax Fund using reserves to fund the newly established
Rinehart Road Trail and Rinehart Road sidewalk projects for an estimated cost
of $437,000.
20. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-197, as shown on page
________, implementing Budget Amendment Request (BAR) #13-006 through the
General Fund in the amount of $128,724 to appropriate grant funding for federal
election activities.
21. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-198, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-010 through the
Horseshoe Lake MSBU and the MSBU Program Funds in the amount of $11,270 in
order to provide $7,920 in funding for the Horseshoe Lake MSBU for the current
Fiscal Year.
22. Approve and authorize the
Chairman to execute appropriate Resolution #2012-R-199, as shown on page
_________, implementing Budget Amendment Request (BAR) #13-011 through the 2001
Infrastructure Sales Tax Fund using reserves to increase funding for the Dyson
Drive at Lake Howell Creek Bridge project in the amount of $225,500.
23. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page _________, with the
Florida Division of Emergency Management in acceptance of $1,254,326 for
Hurricane Shelter Retrofit Projects.
Purchasing &
Contracts Division
24. Award RFP-601520-12/BJC, as shown
on page ________, 911 Information Management System to Essential Management
Solutions, LLC, Melbourne Beach, in the amount of $160,210 plus $8,500 per year
for maintenance and support; and authorize the Purchasing and Contracts
Division to execute the agreement.
25. Award RFP-601526-12/BJC, as shown
on page ________, Contracted Seminole Education, Restoration & Volunteer
(SERV) Program Coordinator to Elizabeth Lauren Stephens, Orlando, based on an
hourly rate of $20.00 with a not-to-exceed amount of $40,000 annually; and
authorize the Purchasing and Contracts Division to execute the agreement.
26. Rescind the original award to
Parthenon Construction Company, Orlando, Florida; accept the Apparent Second Low
Bid Price for CC-7826-12/JVP (Eastbrook Elementary Safe Routes Sidewalk
Project), as shown on page ________, in the amount of $233,520.37 with Atlantic
Civil Constructors Corporation of Orlando, Florida; and authorize the
Purchasing & Contracts Division to execute the Agreement.
Districts 1, 2, 3 and 5 voted AYE.
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Chairman Carey advised that Commissioner
Henley is out on medical leave and will not be attending today.
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Request to approve the Facility Use Agreement for
the Wellness Solutions Today, Inc. d/b/a Groupfittoday to operate zumba dance
fitness, boot camp and martial arts programs for children and adults to encourage
exercise, activity and health at Sylvan Lake Park was presented.
Chairman Carey stated she would like the Board to start
looking at a policy for what they do in their parks. A few years ago, the County allowed
individuals to start a zumba program at Sylvan Lake
Park by using a formula of an 80/20 split.
This program has been doing pretty well, but it takes up the bulk of the
facility so other people cannot enjoy it.
Those individuals are grossing over $200,000 a year at this facility
with no risk. She stated she feels that
when they get to certain levels, the County needs to put this out on the street
so that those who would like to run a program have an opportunity to do
so. The one reason that concerns her is that
not just one person is running the program; they have other people that are
doing that. She said she would like to
know if those individuals are paid employees or are they contract
employees. If they are contract
employees, she would like to know if they are required to provide insurance,
and hold harmless agreements and if so, the proposed agreement does not speak
to that. She added the County needs to
know if those individuals have had a thorough background check. She added this is an agreement for a one-year
contract with two one-year options and she doesn’t want to tie this up for
another three years. She said she would
rather do it for six months and then go out to bid.
Mr. Hartmann stated this is not untypical
of how Parks & Recreation departments bring in vendors. He stated he feels staff can advertise this
on an annual basis for anyone wanting to come forward with a proposal.
Commissioner Horan stated the thing that he
is concerned about is whether or not they are optimizing the asset that they
have on behalf of the County residents.
If they are not, then they need to find another way for competing for a
better price at a better split.
Steve Waring, Parks & Recreation
Manager, addressed the Board to state the program started off as a very minimal
class and the contractor really worked to build this program up over the last
two years.
Commissioner Horan asked if there would be
a problem renewing this proposal for six months or a year so that staff can
have time to review this.
Commissioner Dallari stated he feels the
company should be commended as they took an unused space and made it into a
revenue builder.
Upon inquiry by Commissioner Dallari, Mr.
Waring advised his division brings in approximately $1.4 million a year in
revenue through facility rental and the 80/20 agreements. The stipulations of the agreements require
proof of insurance and that is provided.
The subcontractors are in agreement with the original company and they
are responsible to the agreement holder for proof of insurance. The County could require that anybody else
working for that company must provide that information. He said if there are any hits on the
background checks, staff would be notified.
Upon further inquiry by Commissioner
Dallari, Mr. Waring advised there are 40 plus different groups that rent the
County’s facilities and only three 80/20 agreements are going on. He added he has not had anyone else approach
him wanting to run any type of adult wellness program at the parks. There have been more than one adult wellness
program running at the same time, but the one contract lapsed and was not
renewed.
Chairman Carey stated she feels this is
about making sure that the County is recovering some of the costs as well as
obtaining a copy of the insurance certificates from the contractors that are
running these programs. The County needs
to be held harmless; therefore, the contracts need to be looked at closer.
Bryant Applegate, County Attorney, stated
the other issues regarding indemnification are covered in the agreement. He suggested that Leisure Services meet with
Risk Management and the County Attorney’s office to review the process to make
sure that all of the certificates are filed before anyone uses the
program.
Upon inquiry by Commissioner Dallari, Mr.
Applegate advised he feels the County is covered per the agreement. He added he wants to make sure that Risk
Management is involved with the various departments on these programs.
Commissioner Horan stated he feels the
common way to handle this is the insurance certificate will have to show that
it not only covers the contractor but all the employees, agents,
subcontractors, etc., and that as a condition of the certificate, the County is
named as an additional insurant. He
added since the County is successful and has a large demand for their
facilities, he would like to know if they are getting the maximum return they
can and is a policy needed for that. He
said since they know there is so much demand for the facilities, they may be
able to do better on this particular deal as well as the others. The County is a public body and they have to
provide cost-effective services for the constituents through themselves (staff)
or outside vendors. The County doesn’t
need to take too much advantage of the fact that they have a strong
market.
Mr. Waring stated there is a high demand
for zumba classes, but he doesn’t have a high demand
of companies that want to provide that service.
Chairman Carey stated most people think
that the County runs the programs at the parks and are not aware that there is
an opportunity for private firms to come in and run these programs. She suggested approving this item for one
year, and then schedule a work session after the first of the year so they can
figure out how to strike this as a policy.
At that time, they can decide whether or not they should submit an RFP
and then they can see what type of proposals are submitted.
Motion
by Commissioner Horan, seconded by Commissioner Dallari to approve and
authorize the Chairman to execute the Facility Use Agreement, as shown on page
________, for the Wellness Solutions Today, Inc., d/b/a Groupfittoday to
operate zumba dance fitness, boot camp and martial arts programs for children
and adults to encourage exercise, activity and health at Sylvan Lake Park, for
a one-year period.
Districts 1, 2, 3 and 5 voted AYE.
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Mr. Applegate stated his office will amend
the contract (Section 6) to reflect the one year. He pointed out that Section 10 covers
subcontractors and Section 11 covers the indemnification and hold
harmless. He said he feels the County is
very well protected under this agreement.
Mr. Applegate stated he has spent hours working with Risk Management and
the Zoo on a whole new indemnification as well as a new list of insurance
requirements.
Commissioner Horan stated he feels it is
good that staff does a periodic review of these kinds of procedures because the
insurance environment changes constantly.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by
Commissioner Dallari, seconded by Commissioner Horan to authorize and approve
the following:
Clerk’s Report
27. Approval of Expenditure Approval Lists, as shown on page ________,
dated September 17 and 26, 2012; and Payroll Approval List, as shown on page
_________, dated September 27, 2012; approval of the BCC Official Minutes dated
September 11, 12 and 25, 2012; and noting, for information only, the following Clerk's
"Received and Filed":
1.
Special
Review of Planning and Development Intake Procedures, September 2012, prepared
by Maryanne Morse, Clerk of the Court.
2.
Fourth
Amendment, as shown on page _________, to IFB-600966-10.
3.
Parks
Contract for Services, as shown on page _________, for Rebecca Couchon,
Katherine Barnard, and William Domenech.
4.
Modification
#1, as shown on page _________, to 2009/10 State Homeland Security Grant
Program Sub-Recipient Agreement for MAP upgrade, as approved by the BCC on June
12, 2012.
5.
Change
Order #1, as shown on page _________, to Work Order #81 to CC-1284-06.
6.
Notice
to Proceed, as shown on page _________, with Work Order #28 to CC-2183-07.
7.
Florida
Division of Emergency Management’s State Homeland Security Sub-Grant Agreement,
as shown on page _________, for training of first responders and support
personnel, as approved by the BCC on February 28, 2012.
8.
Amendment
#1, as shown on page _________, to Work Order #33 to PS-3914-08.
9.
Work
Order #4, as shown on page _________, to RFP-7423-12.
10.
Change
Order #2, as shown on page _________, to CC-6877-11.
11.
Amendment
#7, as shown on page _________, to Work Order #1 to PS-4906-09.
12.
Closeout,
as shown on page _________, to CC-7126-11.
13.
Amendment
#2, as shown on page _________, to Work Order #4 to RFP-5847-10.
14.
Work
Order #50, as shown on page _________, to PS-1501-06.
15.
Order
approving tariffs for FPUC’s Gas Reliability Infrastructure Program (GRIP).
16.
Change
Order #3, as shown on page _________, to Work Order #19 to CC-3321-08.
17.
First Amendment,
as shown on page _________, to CC-2190-07.
18.
Work
Order #21, as shown on page _________, to PS-1020-05.
19.
Change
Order #11, as shown on page _________, to CC-5682-10.
20.
Amendment
#2, as shown on page _________, to Work Order #7 to PS-4906-09.
21.
Amendment
#4, as shown on page _________, to Work Order #16 to PS-5182-05.
22.
Closeout,
as shown on page _________, to CC-4626-09.
23.
Work
Order #42, as shown on page _________, to PS-4388-09.
24.
First
Amendment, as shown on page _________, to CC-2190-07.
25.
Ninth
Amendment, as shown on page _________, to IFB-600250-07.
26.
Amendment
#3, as shown on page _________, to Work Order #19 to PS-2564-07.
27.
Development
Order #12-06000049, as shown on page _________, Wayne Densch, Inc. Mass Grading
Construction Plans.
28.
Development
Order #12-30000044, as shown on page _________, 1731 Beacon Drive, Thomas &
Cynthia Haller.
29.
#M-8109-12
Agreement, as shown on page _________, Professional Service Industries, Inc.
30.
Amendment
#1, as shown on page _________, to Work Order #30 to PS-5182-05.
31.
Revision,
as shown on page ________, of the County Manager’s Policies and Procedures
Manual for Purchasing and Contracts.
32.
Memo
from Alan Wheeler, Public Works Director, to Jim Hartmann, County Manager,
regarding Unauthorized Commitment, as shown on page _________, of Work Orders
#28 and #29 to CC-2190-07.
33.
Work
Order #3, as shown on page _________, to RFP-7423-12.
34.
Amendment
#8, as shown on page _________, to Work Order #2 to PS-4736-09.
35.
Change
Order #1, as shown on page _________, to Work Order #9 to CC-5075-10.
36.
Work
Order #47, as shown on page _________, to RFP-5465-10.
37.
Training
Provider Agreement 2012/13, as shown on page _________, Central Florida
Institute, Inc.
38.
Amendment
#3, as shown on page _________, to Work Order #88 to PS-5120-02.
39.
Amendment
#1, as shown on page _________, to Work Order #28 to CC-2183-07.
40.
Change
Order #4, as shown on page _________, to CC-6893-11.
41.
Amendment
#1, as shown on page _________, to RFP-7423-12, Restated Developer Agreement,
HUD Neighborhood Stabilization Program.
42.
Bids for
CC-7908-12 and BID-601522-12.
SUPERVISOR OF ELECTIONS
Motion by Commissioner Horan, seconded by Commissioner Dallari to approve
and authorize the Chairman to execute the Certificate Regarding Matching Funds,
as shown on page _________, contained within the Memorandum of Agreement
between the Florida Department of State and the Seminole County Supervisor of
Elections for the Federal Election Activities Grant.
Districts 1, 2, 3 and 5 voted AYE.
REGULAR AGENDA
Liz Parkhurst, Economic & Community
Development Services, addressed the Board to present a request for reduction of
the Code Enforcement Board Lien from $54,400 to $0.00 for Case #10-148-CEB, on
property located at 3325 Horseshoe Drive, Longwood, Larissa K. Silva (aka
Welch/Vetne/Beasley), current owner, Roxanne Davis, applicant. Ms. Parkhurst reviewed the history of the violation
as outlined in the agenda memorandum.
She stated staff recommends that the lien be reduced to $6,689.35 and requests
that the report be made part of the record.
Upon inquiry by Chairman Carey, Ms.
Parkhurst advised the scheduled closing is November 30, 2012 and staff is
requiring a 30-day timeframe for the applicant to pay. Chairman Carey recommended 60 days as the closing
is more than 30 days.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Horan to approve a
reduction to the Code Enforcement Board lien from $54,400 to $6,689.35 for Case
#10-148-CEB, on property located at 3325 Horseshoe Drive, Longwood, Larissa K.
Silva (aka Welch/Vetne/Beasley), current owner, Roxanne Davis, applicant; with
the reduced amount to be paid within 60 days or the lien will revert to its
original total amount of $54,400; authorize the Chairman to execute the
Satisfaction of Lien, and to include the staff’s report to be made part of the
record.
Districts 1, 2, 3 and 5 voted AYE.
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Joy Williams, Economic & Community
Development Services, addressed the Board to present a request for a Special
Event Permit for the Holy Trinity Greek Festival from November 2, 2012 through
November 4, 2012, on property located at 1217 Trinity Woods Lane, Holy Trinity
Greek Church. She stated staff
recommends approval of the request with the conditions outlined in the staff
report. She requested that the staff
report be made part of the record.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Dallari to approve the
Special Event Permit for the Holy Trinity Greek Festival from November 2, 2012
through November 4, 2012, on property located at 1217 Trinity Woods Lane, Holy
Trinity Greek Church, based on staff recommendations and report.
Districts 1, 2, 3 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
The Board noted, for information only, Informational
Budget Transfer Status Report for FY 2011/12.
COUNTY ATTORNEY BRIEFING
Mr. Applegate reported that the bond
closing was held last week without a hitch.
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Mr. Applegate stated his office is getting
near to completing the purchase of the zoo property. The environmental concerns have been
addressed adequately. A survey has been
completed and the title commitment provided by the seller is being
reviewed. He said more work is being
done on the three or four easement issues, but he does not anticipate any
problems with that. He concluded that
once the closing occurs, he will present to the Board, for consideration, a new
lease on the zoo property that will include a legal description incorporating
the current property along with the one that they are purchasing.
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Mr. Applegate stated he sent the Board a
message that the Federal Court ruled Friday and granted the motion of one of
the plaintiffs in the Internet Café litigation, specifically Allied Veterans, to
be voluntarily dismissed. The County
argued that they should not be dismissed without producing records and the
court disagreed with that. He said there
are still other plaintiffs challenging the County’s ordinance and he will
discuss some possible strategies with each Board member. The County still has a very good decision
from the 11th Circuit on the issues, but they are going to be taking
other steps as well.
Upon inquiry by Chairman Carey, Mr.
Applegate explained that Allied Veterans sold their interest in the Seminole
County facilities and he will be reporting to the Board on that issue as well.
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Chairman Carey stated with regard to the
closing of the zoo property, tax laws will be changing at the end of the year;
she would appreciate it if the closing would be done before that time.
Mr. Applegate stated he fully anticipates
closing by the end of this year.
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Chairman Carey recessed the meeting
at 10:20 a.m., reconvening at 1:30 p.m., with all Commissioners and all other
Officials with Clerk of Court Maryanne Morse being absent, with the exception
of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Terri Porter, who
were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded
by Commissioner Horan, to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3 and 5 voted AYE.
PUBLIC
HEARINGS
Chairman
Carey announced that Item #39, Land Development Code Amendment/Planned
Development Zoning District, will be presented first because it requires a
super majority vote of the County Commission.
LAND DEVELOPMENT CODE
AMENDMENT
PLANNED
DEVELOPMENT ZONING DISTRICT
Proof of
publication, as shown on page _______, calling for a public hearing to accept
public comment on, and authorize the scheduling of a public hearing to consider
adoption of an Ordinance amending Chapter 30 of the Land Development Code to
establish a Planned Development (PD) zoning district, received and filed.
Jeff
Hopper, Planning & Development Division, addressed the Board to present the
item as outlined in the agenda memorandum.
He explained the new PD district would not be geared toward commercial,
residential, or any other specific type of use.
The primary purpose of the district is to simplify regulations and
shorten the review process mainly through the administrative approval of final
master plans. The PD preliminary plans,
including development orders, would still have public hearings before the
Planning & Zoning Commission and the Board of County Commissioners as they
do now under the current code. He
reviewed some of the minor changes that were made to the draft.
Mr. Hopper
stated this is the first of two public hearings required under Section
125.66(4)(b) of Florida Statutes. Staff
recommends the Board accept comments and authorize scheduling the second public
hearing on November 13, 2012 at 1:30 p.m.
No one
spoke in support or opposition.
Motion by Commissioner Dallari, seconded
by Commissioner Horan, to authorize the scheduling of a second public hearing
to consider adoption of an Ordinance amending Chapter 30 of the Land
Development Code to establish a Planned Development (PD) zoning district, as
described in the proof of publication, on November 13, 2012 at 1:30 p.m., or as
soon thereafter as possible.
Districts 1, 2, 3 and 5 voted AYE.
S. ECON CIRCLE PCD
MAJOR AMENDMENT/Roger Owen
Proof of publication, as shown on page _______, calling for a
public hearing to consider approval of a Major
Amendment to the S. Econ Circle PCD including: (1) adoption of the Ordinance
enacting the associated Rezone from Planned Commercial Development (PCD) to
Planned Commercial Development (PCD); (2) approval of the Second Amended and
Restated Development Order; and (3) approval of the Final Site Plan and the
Second Amended and Restated Development Developer's Commitment Agreement, for
3.985 acres for property located on the north side of S. Econ Circle,
approximately 400 feet south of the intersection of S. Econ River Place and S.
Econ Circle, Roger Owen, received and filed.
Brian Walker, Planning and Development
Division, addressed the Board to present the request as outlined in the agenda
memorandum. He stated the S. Econ Circle
PCD is an existing, built-out business facility and the proposed Major
Amendment and Rezone will allow general automotive repairs as a permitted use;
however, auto painting, body work and outside storage of automotive materials
shall not be permitted. All automotive
work shall occur inside the facility.
Staff recommends approval as recommended by the Planning & Zoning
Commission.
Michael Owen, son of applicant Roger Owen,
was present to answer any questions.
No one spoke in support or opposition.
Speaker Request Form was received and filed.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to approve the
Major Amendment to the S. Econ Circle PCD including: (1) adoption of the
Ordinance #2012-22, as shown on page ______, enacting the associated Rezone
from Planned Commercial Development (PCD) to Planned Commercial Development
(PCD); (2) approval of the Second Amended and Restated Development Order, as
shown on page ______; and (3) approval of the Final Site Plan and the Second
Amended and Restated Development Developer's Commitment Agreement, as shown on
page ______, for 3.985 acres for property located on the north side of S. Econ
Circle, approximately 400 feet south of the intersection of S. Econ River Place
and S. Econ Circle, as described in the proof of publication, Roger
Owen.
Under discussion, Commissioner Dallari thanked Mr. Walker for
his diligence in working with the applicant and asked Mr. Owen to relay thanks
to his father for all his hard work and in working with staff to accomplish
this.
Districts 1, 2, 3 and 5 voted AYE.
BOARD OF
ADJUSTMENT APPEAL/Kitina Bloom
Proof of publication, as shown on page _______, calling for a
public hearing to consider an Appeal of the Board of
Adjustment decision to deny the request for a front-yard (south) setback
variance from 50 feet to 25 feet for a new single-family home in the A-1
(Agriculture) district for property located on the northeast corner of Lake
Avenue and Lanark Street, particularly known as 5591 Lake Avenue, Kitina Bloom, All Florida Permitting, Inc., received and
filed.
Denny Gibbs, Planning and
Development Division, addressed the Board to present the request as outlined in
the agenda memorandum. Ms. Gibbs stated
that on August 27, 2012, the Board of Adjustment (BOA) granted the request for
the reduction of the lot area and lot width, but denied the variance request
for the front yard setback. She also
stated that the appellant has submitted a number of letters of support from the
surrounding neighbors included in the agenda packet along with a map depicting
the location of their homes.
Ms. Gibbs stated that staff
recommends the variance denial decision by the BOA be upheld unless the Board
finds that the applicant has satisfied all six criteria under Sec 30.43(b)(3)
of the Land Development Code for granting a variance and that failure to grant
the variance would result in an unnecessary and undue hardship.
Chairman Carey stated that in the
documentation, there are a number of variances in the same area that have been
requested over a period of time from 50’ to 25’ and 17’ and several others that
have been granted, and inquired as to whether a map had been prepared that
depicts where all those variances are in that area. Ms. Gibbs stated the applicant supplied all
the exhibits which were attached to the appeal request.
Kitina A. Bloom,
All Florida Permitting, Inc., addressed the Board to state that the request is
for a 25’ front-yard setback variance on the south side for the purposes of
building a new single-family residence with an attached garage. She stated they feel the clients were
uncharacteristically singled out for denial due to one individual, Robert Shydo, who appeared before the BOA and basically opposed
the proposed layout of the home and the fact that three variances were needed to
get approval. The requirements for the
first two variances were approved by the BOA.
They believe Mr. Shydo’s objection to the
number of variances to be an invalid argument and they do not understand the
motivation to oppose the setback variance request because he “doesn’t like the
layout.” The property that Mr. Shydo owns at 5800 Lake Avenue, along with two other
properties, are south of Lanark Street, as shown on Exhibit A. Exhibit B was then displayed and Ms. Bloom
stated that the neighborhood is fairly rural with no consistency with regard to
the existing developed properties. The
area has a mix of conventional as well as manufactured housing with structures
varying in size and shape. The appeal of
buying property in this zoning district is that you have the liberty to build
as to your desires and not be limited to the restrictions of a planned
development. Regarding the argument of
setting a precedent that was brought up by a BOA member, the BOA’s voting history
has already set the precedent for approvals of this type of request. She displayed and reviewed Exhibit C, showing
an Appeal of a front-yard variance from 50’ to 30’ for a garage addition in the
same A-1 land-use district. There were
no objections to that request and it was approved unanimously. In a review of the past few years, five other
similar requests were all granted approvals from the BOA and are shown in
Exhibits D through H. Ms. Bloom stated
one of the BOA members indicated that the board regularly deals with and makes
the exception even on paved roads for setback variances where there are double,
front-yard setback requirements; however, after further discussion with regard
to setting a precedent, the BOA members denied the setback variance. She noted that their petition demonstrated
the need to utilize Lake Avenue; it is a county-maintained road for access to
their property. There is an existing
driveway there and there was a previous home on that property. Lanark Street is a meandering dirt road,
shown on Exhibit J. Additionally, she
spoke with the Public Works Paving Engineer regarding Lanark Street, and he
informed her that Seminole County completed an inventory of all the roads to
review for possible projects including paving some dirt roads that are county
maintained, and he noted that Lanark Street was listed on the inventory list as
a privately-maintained dirt road and there was no current or future plan for
development by the Public Works department.
She said per the floor plans shown on Exhibit K, the clients can only
add a garage to the end of the home. The
garage will provide security for their vehicles and allow access with
protection from the elements into the house.
The site plan proposed in Exhibit L is not out of character with the
other neighborhood homes or setbacks; in fact the home directly to the south of
Lanark is only about 20’ from the property line as shown in Exhibit J. Exhibit M is a letter from her client
expressing how important this decision is to them. Ms. Bloom closed her argument stating that to
deny her clients their rights and privileges extended to others in this
community would be an injustice and prejudicial as their proposed development
does not interfere or injure the rights of others whose property may be
affected by the allowance of the requested variance, and they ask for the
Board’s approval.
Upon inquiry by Commissioner Horan,
Ms. Bloom confirmed that the variance is for the setback from the dirt road,
the south side off of Lanark Street, and the clients want access off of Lake
Avenue. Ms. Bloom explained that the
existing driveway is there and there was a home previously facing Lake Avenue,
and they are basically going almost back in the same footprint. Commissioner Horan reviewed the motions and
vote that occurred at the BOA meeting.
Travis Carraway,
3209 Royal Street, addressed the Board to state he is submitting 4 more letters
of support, received and filed, from surrounding neighbors, which brings the
total to 17, and they were all shown the same maps and layout when he met with
them individually. He described the
reasons they chose the property and explained the garage that would be built on
the north side of the house is what would push it into the second, 50’
front-yard setback on Lanark Street. He
explained that the proposed garage shown in the exhibits measures 40’ by 100’
which was the most space available; his deposit is for a 40’ by 60’. He is a classic car enthusiast and is not
running a business there; he has a career and no interest in fixing cars for a
living.
Upon inquiry by Chairman Carey, Ms.
Gibbs stated the side-yard setback would be 10’ if this was not a corner
lot. She also explained that the garage
does not quantify as an accessory structure to a residence because it is
attached and becomes part of the primary structure. Also, even if the garage is not attached, but
the size is more than 200 square feet, it would need to meet the same setbacks
as the main structure.
Per Chairman Carey’s request,
Commissioner Dallari confirmed that the four letters submitted by Mr. Carraway are all letters of support.
Ralph Michels,
5601 Lake Avenue, addressed the Board to state that his house is across Lanark
from the property in question. A map was
displayed and the location pointed out.
Mr. Michels stated he has no objection at all
to Mr. Carraway’s request. He added that in the past, a trailer was on
the property and it was only 10’ off the road, if that. Mr. Michels stated
that the requested variance is closer to his property than anyone else in the
area, and he has no objection to it.
Lanark Street wasn’t even a street when he moved there and it is not a
county-maintained road. Also, his
setback from Lanark Street is only 20’.
He reiterated his support for approval of the variance.
Chairman Carey stated for the
record that the letters of support received today show that two of the
residents live on Lake Avenue, one on Lanark, and one on Cadillac Street which
are all adjacent to this property.
No one else spoke in support or in
opposition.
Speaker Request Forms were received
and filed.
Commissioner Horan declared a
quasi-judicial capacity and based upon the evidence that has been provided, he
finds that special conditions and circumstances do exist which are peculiar to
the land, structure, or building involved and which are not applicable to the
other lands, structures, or buildings in the same zoning classification in that
this is a corner lot and that the conditions created that caused the variance
to be required were created by a lot split.
He finds further from the evidence that the special conditions and
circumstances do not result from the actions of the applicant in that these
particular conditions were performed by forces and people and governmental
authorities that the applicant had no control of. He further finds that the granting of the
variance requested will not confer on the applicant any special privileges
denied by Chapter 30 to other lands, buildings, or structures in the same
zoning classification as is evidenced by the submission of evidence in this
particular proceeding that there are numerous situations in the contiguous area
where the setback is less than that required by the ordinance either because of
a pre-existing condition or because of the passage of time and structures that
have been there in the past. He also
finds that there are numerous letters of support for this variance; and that
the literal interpretation of the provisions of Chapter 30 would work a
hardship in the sense that the applicant would have to configure the house, the
land and the garage in such a way that it could not be built in either
direction and that the variance that is required is the minimum that is
required for a reasonable use of the property.
Further he finds that the grant of the variance will be in harmony for
the surrounding neighborhood as is indicated by the letters of support and the
fact that so many existing structures are actually closer to the road as
indicated by the neighboring property owner.
Motion by
Commissioner Horan, seconded by Commissioner Dallari, to grant the appeal,
thereby overturning the Board of Adjustment decision in denying the request for a front-yard (south) setback variance from fifty (50)
feet to twenty-five (25) feet for a new single-family home in the A-1
(Agriculture) district for property located on the northeast corner of Lake
Avenue and Lanark Street, particularly known as 5591 Lake Avenue, upon a
finding by the Board as so made that the request meets the required criteria
under Section 30.43 of the Seminole County Land Development Code; and Approval
of the Development Order, as shown on page ______.
Districts 1, 2, 3 and 5 voted AYE.
OVIEDO MARKETPLACE DRI
NOPC/Kramer
& Little
Proof of publication, as shown on page _______, calling for a
public hearing to consider Substantial Deviation
determination for the Oviedo Marketplace Development of Regional Impact (DRI)
Notice of Proposed Change (NOPC) for 431 acres located at the intersection of
SR 417 (Central Florida GreeneWay) and Red Bug Lake
Road and extending south along Red Bug Lake Road, Kramer & Little, received
and filed.
Jeff Hopper, Planning and
Development Division, presented the request as outlined in the agenda
memorandum. Mr. Hopper stated that, if
approved, the amendments will revise the Development of Regional Impact (DRI)
Map H to show retail as an approved use on Parcel 27, which is currently
limited to office and hospital uses, and further revise the map to reflect the
renaming of Oviedo Marketplace Boulevard to Oviedo Mall Boulevard, and to
update the land-use tables on the map document that was included in the agenda
packet. He reviewed the equivalency
matrix that the applicant is applying for and what this change will allow. Staff recommends approval of the request.
Chairman Carey confirmed with Mr.
Hopper that when the Department of Transportation wrote their letter of
non-objection, there was a suggested correction and that has been corrected.
George Kramer, Kramer & Little,
addressed the Board to thank staff who were very
helpful through the process because this is a rather complex project dealing
with several jurisdictions. He said
employment is an issue when talking about office use, and he pointed out that
there are only .67 acres within the County of Parcel 27, which is the area they
are discussing now, and the rest is in the city of Oviedo. He referred to note #3 on Map H and stated it
limits the amount of office square footage on Parcel 27 to 75,000, and even
with this conversion, they will have over 90,000 square feet available for
office development within Oviedo.
Commissioner Horan stated for the
record that he had discussed this matter with Mr. Kramer before this
proceeding, and Mr. Kramer indicated to him at that time that he was going to
discuss the issue with the city of Oviedo.
Upon inquiry by Commissioner Horan, Mr. Kramer stated he understands
that there were no objections from the officials in Oviedo.
Commissioner Horan confirmed with
Mr. Kramer that because of the division of the jurisdictions involved with this
parcel, the primary reason they are here is not because there is a substantial
deviation to the DRI, but because the permitted use on that portion relates to
Seminole County.
Upon inquiry by Commissioner
Dallari, Mr. Kramer responded that there were conversations with city
officials, namely Bryan Cobb, Assistant City Manager, and Debra Pierre,
Planning Manager.
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Chairman Carey recessed the meeting
at 2:07 p.m. The Chairman reconvened the
meeting at 2:14 p.m. with all Commissioners and all other Officials who were
present at the opening session, with the exception of Commissioner Van Der
Weide.
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Mr. Kramer continued stating there
were no substantive changes, but would like to submit into the record an update
to Map H (copy received and filed) revising the Summary of Land Use reflecting
the 1,675 square feet and keeping that in Parcel 27.
No one else spoke in support or
opposition.
Motion by
Commissioner Horan to approve the First Addendum to
the First Amendment to the Third Amended and Restated Substantial Deviation
Development Order, as shown on page ______, for the Oviedo Marketplace DRI for
431 acres located at the intersection of SR 417 (Central Florida GreeneWay) and Red Bug Lake Road, and extending south along
Red Bug Lake Road, as described in the proof of publication, with a finding
that the proposed change does not require additional Development of Regional
Impact review as recommended by staff.
Chairman Carey
surrendered the gavel to County Attorney Bryant Applegate due to the absence of
the Vice Chairman in order to second the
motion.
Upon inquiry by Commissioner
Dallari, Mr. Kramer advised that they plan to put an ice cream shop in the
space. Commissioner Dallari explained
that he did not second the motion because he has an issue with converting
office space to retail in an area that is so abundantly vacant of retail and
feels it is a misuse of commercial zoning.
Commissioners Carey and Horan explained
their support of the motion.
Commissioner Horan expressed his opinion that he, like Commissioner
Dallari, has concern about responding to market forces in such a way that it
could denigrate higher value development in the future, but believes that the
change here is minimal.
Districts 2 and 5 voted AYE.
Commissioner Dallari voted NAY.
Mr. Applegate returned the gavel to
Commissioner Carey to resume the duties of Chairman.
SYLVAN LAKE
BOAT
DOCK/Cichra
Proof of publication, as shown on page _______, calling for a
public hearing to consider approval of a one thousand
five hundred fifty three (1,553) square foot boat dock on Sylvan Lake, on
property located on the south side of Sylvan Woods Drive, approximately 2,290
feet south of West SR 46, more particularly known as 6975 Sylvan Woods Drive,
received and filed.
Bill Wharton, Planning &
Development Division, addressed the Board to request that this item be moved to
the end of the public hearings to give the applicant more time to arrive. The Board voiced no objections.
BECKNELL INDUSTRIAL FACILITY
REZONE/Monroe
Investments, LLC
Proof of publication, as shown on page
_______, calling for a public hearing to consider
approval of an Ordinance to Rezone from A-1 (Agriculture) to PCD (Planned Commercial
Development) for 4.33 acres located on the east side of N. Elder Road,
approximately one-half mile north of West SR 46, Monroe Investments, received
and filed.
Cynthia Sweet, Planning
& Development Division, addressed the Board to present the request as
outlined in the agenda memorandum. Staff
recommends approval and requested that the report be made part of the record.
Jean Abi-Aoun,
Florida Engineering Group, addressed the Board to state that they concur with
staff’s recommendations and request approval of the rezone.
No one else spoke in support or in
opposition.
District Commissioner Carey
recommended approval of the request.
Motion
by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance
#2012-23, as shown on page ______, Rezoning from A-1 (Agriculture) to PCD
(Planned Commercial Development) for 4.33 acres located on the east side of N.
Elder Road, approximately one-half mile north of West SR 46, as described in
the proof of publication; and Approval of the Development Order, as shown on
page ______.
Districts 1, 2 and 5 voted AYE.
BANANA LAKE ROAD LARGE SCALE
FUTURE LAND USE AMENDMENT
AND
REZONE – COVENTRY AT
HEATHROW/
Taylor
Morrison of Florida, Inc.
Proof of publication, as shown on page _______, calling for a
public hearing to consider an Ordinance to amend the
Seminole County Comprehensive Plan to enact a Large Scale Future Land Use
Amendment from SE (Suburban Estates) to PD (Planned Development) and associated
Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for 32.37 acres
located on the west side of Banana Lake Road, south of CR 46A and south of
Heathrow Boulevard, Taylor Morrison of Florida, received and filed.
Ms. Sweet presented
the request as outlined in the agenda memorandum. Staff recommends approval as recommended by
the Planning & Zoning Commission.
Staff is requesting that this report be made part of the record.
Charles Madden, representing the
applicant, addressed the Board to advise that he is available to answer any
questions.
No one spoke in support or
opposition.
District Commissioner Carey
recommended approval of the request.
Motion by
Commissioner Horan, seconded by Commissioner Dallari, to adopt Ordinance #2012-24, as shown on page ______, amending the
Seminole County Comprehensive Plan to enact a Large Scale Future Land Use
Amendment from SE (Suburban Estates) to PD (Planned Development) and associated
Ordinance #2012-25, as shown on page ______, rezoning from A-1 (Agriculture) to
PUD (Planned Unit Development) for 32.37 acres located on the west side of
Banana Lake Road, south of CR 46A and south of Heathrow Boulevard, as described
in the proof of publication; Taylor Morrison of Florida, and Approval of the
Development Order, as shown on page ______.
Districts 1, 2 and 5
voted AYE.
LAND DEVELOPMENT
CODE AMENDMENT/
APPEALS
& ADMINISTRATIVE ADJUSTMENTS
Proof of publication, as shown on page _______, calling for a
public hearing to consider an Ordinance amending
Chapters 1 and 5 of the Land Development Code regarding appeals and
administrative adjustments, received and filed.
Mr. Hopper presented the request as
outlined in the agenda memorandum.
(Staff recommends approval as recommended by the Planning & Zoning
Commission). One change has been made
since it was presented to the Planning & Zoning Commission. The revised table on page 4 of 6 of the
ordinance shows that the Board of County Commissioners may grant a 20%
adjustment to a sign permit which is included in the agenda packet.
Chairman Carey explained that this
Land Development Code amendment request does not require two public hearings.
Commissioner Horan commented that
this is one of several Land Development Code amendments on the agenda today and
he knows that staff is working on trying to contract the time periods and
simplify a lot of the permitting and development approvals, and he wanted to
commend the Economic and Community Development Services staff for their
efforts.
No one spoke in support or
opposition.
Motion by
Commissioner Horan, seconded by Commissioner Dallari, to adopt Ordinance #2012-26, as shown on page ______, amending
Chapters 1 and 5 of the Land Development Code revising the criteria regarding
appeals and establishing regulations authorizing administrative and other
adjustments, as described in the proof of publication.
Districts 1, 2 and 5 voted AYE.
LAND DEVELOPMENT CODE
AMENDMENT/
OPEN SPACE
REGULATIONS
Proof of
publication, as shown on page _______, calling for a public hearing to consider
an Ordinance amending Chapter 30 of the Land Development Code to revise the
current open space regulations, received and filed.
Mr. Hopper presented the request as
outlined in the agenda memorandum. Staff
recommends approval.
Chairman Carey noted that, again,
this Land Development Code amendment request does not require two public
hearings, and she commended staff for simplifying the process and trying to
move these forward.
No one spoke in support or
opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to adopt Ordinance #2012-27, as shown on page
______, amending Chapter 30 of the Land Development Code to revise the current
open space regulations, as described in the proof of publication.
Districts
1, 2 and 5 voted AYE.
LAND DEVELOPMENT CODE
AMENDMENT/
PERFORMANCE
BUFFERING SYSTEM
Proof of
publication, as shown on page _______, calling for a public hearing to consider
an Ordinance amending Chapter 30 of the Land Development Code to establish a performance
buffering system, received and filed.
Nicole Guillet, Director of
Economic & Community Development Services, addressed the Board to state
that they received some last-minute comments from some members of the
development community on this proposal and request that it be continued to the
November 13, 2012 Board of County Commissioners meeting.
No one spoke in support or
opposition of the continuance.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to continue to November 13, 2012 at 1:30 p.m.,
or as soon thereafter as possible, request to approve and adopt the Ordinance
amending Chapter 30 of the Land Development Code to establish a performance
buffering system, as described in the proof of publication.
Districts
1, 2 and 5 voted AYE.
SYLVAN LAKE BOAT DOCK/
Sheila
Cichra (Continued)
Continuation of a public hearing to consider approval of a 1,553 square foot boat dock on Sylvan Lake,
on property located on the south side of Sylvan Woods Drive, approximately
2,290 feet south of West SR 46, more particularly known as 6975 Sylvan Woods
Drive, as described in the proof of publication, Sheila Cichra.
Mr. Wharton stated the applicant
had not arrived and then presented the request as outlined in the agenda
memorandum. Staff recommends approval.
Upon inquiry by Chairman Carey, Mr.
Wharton stated the existing boat dock is 1,300 square feet per the applicants;
however, the building permit listed it as 981 square feet.
No one spoke in support or
opposition.
Chairman Carey commented, because
the detail is not in the plan, Sylvan Lake has huge swings in the rise and fall
of the water and she has seen docks on that lake 6’ above the water level and
she’s seen them 3’ under the water level.
She stated she hopes the applicant is considering a floating platform
for this particular dock. She asked Mr.
Wharton to pass that information along to the applicant.
District Commissioner Carey
recommended approval of the request.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to approve a 1,553
square foot boat dock on Sylvan Lake, on property located on the south side of
Sylvan Woods Drive, approximately 2,290 feet south of West SR 46, more
particularly known as 6975 Sylvan Woods Drive, as described in the proof of
publication; and approval of a Development Order, as shown on page ______,
Sheila Cichra.
Districts
1, 2 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Carey announced completion and filing, with the Clerk of the Court, of Form 8B
– Memorandum of Voting Conflict regarding a conflict she had with Agenda Item
#29 of the October 9, 2012 meeting in connection with the purchase of remains
of the “Senator.”
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Chairman Carey advised that she received a letter and invoice
from the St. Johns River Alliance requesting sponsorship from the County in the
amount of $20,000 for 2013. A number of
years ago, the County was a dues-paying member and in
2006, due to the economy, the decision was made to no longer be a funding
partner. They have, however, continued
to participate at a staff level mostly to attend the meetings and briefings
when possible to ensure they stay informed since it does have an impact on the
County. At this time, the requested
amount is not in the budget; and she stated it is her recommendation that they
continue to participate at the same level and not be a dues-paying member. A letter has been prepared to send to that
effect if there is no objection from the Board.
The Board voiced no objections.
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Chairman Carey stated that she is on the Board of Directors of the
Florida Association of Counties. The
Legislative Conference in Sarasota is from November 28 through December 1. She is looking for approval from the Board to
attend; hotel, registration, and the event totals $625.00 plus per diem and
mileage.
Motion
by Commissioner Dallari, seconded by Commissioner Horan, to approve expenses
incurred by Chairman Carey in connection with attendance at the Florida
Association of Counties’ Legislative Conference from November 28 through
December 1.
Districts 1, 2 and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
The following Communications and/or
Reports were received and filed:
1.
Copy of
a letter dated October 3, 2012 from Jeffrey Zipper, M.D., The Florida Academy
of Pain Medicine, to Board of County Commissioners, ATTN: Bryant Applegate, RE:
ordinance proposal to expand the definition of pain management clinics.
2.
Copy of
cover letter only dated October 5, 2012 from Walt Griffin to Chairman Carey RE:
Seminole County Public Schools pursuing submission of an application to the
U.S. Department of Education’s Race-to-the-Top district funding competition.
3.
Copy of
a letter dated October 5, 2012 from Sanford M. Silverman, MD, Florida Society
of Interventional Pain Physicians, to Board of County Commissioners, ATTN: Bryant Applegate, RE: ordinance proposal to
expand the definition of pain management clinics.
4.
Letter
dated September 26, 2012 from John Armstrong, MD, Florida Department of Health,
to County Commissioners RE: reduction and control of mosquitoes through
surveillance, public education, and environmentally sound mosquito control are
recognized and appreciated.
5.
Letter
dated October 11, 2012 from Victor Johnson, Florida Department of Health, to
Chairman Carey RE: award to Seminole
County a state emergency medical services (EMS) county grant for
$103,218.00. C: Richard E. Stover.
6.
Letter
and enclosure dated October 9, 2012 from U.S. Representative John Mica as
Chairman of the Committee on Transportation and Infrastructure to Chairman
Carey RE: the transportation
authorization bill entitled “Moving Ahead for Progress in the 21st
Century.”
7.
Letter
dated October 15, 2012 from Victor Castro, St. Johns River Water Management
District, to Seminole BCC RE: Adjacent Landowner Notice of Receipt of
Consumptive Use Permit Applications(s) in Seminole County.
8.
Letter
dated October 10, 2012 from Clayton Wilder of the Florida Department of Law
Enforcement, to Chairperson Carey RE:
Contract No. 2012-JAGC-SEMI-1-C4-065.
C: Mary Fahlstrom.
9.
Letter
and attachment dated October 12, 2012 from James Stansbury, Florida Department
of Economic Opportunity, to Chairman Carey RE: Seminole County proposed
comprehensive plan amendment (Amendment No. 12-2ESR) and the State’s no comment
on such. C: Tina Williamson, Hugh Harling.
10.
Cover
letter only (no attachments) dated October 16, 2012 from Robert Sheets, Florida
Governmental Utility Authority, to Chairman Carey RE: the potential acquisition by the FGUA of the
utility facilities owned by Aqua Utilities Florida, Inc., within Seminole
County. C: Joe Forte.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner
Dallari requested that Mr. Blackadar report on the need for repair and/or
replacement of roadway signage in the Chuluota Subdivision in Chuluota, Florida,
and stated he believes that staff needs some direction in this matter.
Brett
Blackadar, County Engineer, addressed the Board to advise that Engineering
staff has done a lot of research on this.
In the 1960’s the plat was never accepted and the roads remained private
until 1996. It became an MSBU and the
roadway was accepted into the county maintenance system, only from
edge-of-pavement to edge-of-pavement, but the remainder of
the right-of-ways are not in the system and the signs fall outside of
that. The challenge is, in order to move
the signs into the maintenance system, they would need to do a detailed and
thorough survey and the cost would be more expensive than the actual signs
themselves.
Upon
Commissioner Dallari’s inquiry, Mr. Blackadar stated
that the challenge with a right-of-entry is if given the right-of-entry by the
Homeowners’ Association, they would still have to ensure that the property is
not private and that it is maintained by the association. The County would be liable if the signs were
placed on private property, so surveys would need to be done for this scenario
also. It would require another MSBU
process to verify through a survey where exactly the lines fall.
Chairman
Carey asked since street signs are a public safety issue for fire and emergency
vehicles and even the traveling public to locate an address, is there any
provision that would allow the County to replace the signs. Mr. Blackadar stated they would treat them
just like any other private subdivision.
Commissioner Dallari advised the
association is willing to assist in the payment of the signs, but is requesting
the County take care of it. Mr.
Blackadar advised that the HOA could contract out just like any other
subdivision and get the signs replaced themselves.
Discussion ensued regarding the
cost of replacing the signage under an MSBU, the HOA contracting to pay the
County to install the signs, and the question of the County’s liability.
Mr. Applegate stated that once the
County assumes the obligation of putting up the signs and maintaining them, it
then could be a question of liability if something happens as a result of a
sign missing or not being maintained. He
stated an agreement would have to be crafted so that the County is protected
against any liability.
Commissioner Horan wondered whether
there was a way to balance the two interests of the public safety requirements
on a private roadway.
David Shields, Assistant County
Attorney, addressed the Board to state that he talked to the president of the
HOA. He was informed that years ago the
developer deeded the roads into a corporation and did not set up mandatory lien
or assessment power. So they have a
corporation run by the homeowners with no ability to raise money in a mandatory
fashion; however, they have somehow raised several thousand dollars that could
conceivably be spent on the signs.
Discussion continued with regard to
the voluntary HOA hiring a sign contractor themselves, and whether the property
owner, HOA or the County have responsibility for the signage on a dedicated
public right-of-way.
Mr. Applegate stated there is an
easy solution to this and he can work out an agreement between the HOA and the
County; however, he first wants to be clear on the issues of liability and
maintenance.
Chairman Carey confirmed that Mr.
Applegate would make his recommendation from a public safety standpoint and get
back to the District Commissioner who would then inform the other Commissioners
so they will know how to address it should something similar occur in their
respective districts.
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Commissioner Horan advised that he
distributed to the Board via email a report on best practices he received from
the Central Florida Partnership, of which he was the County’s representative on
the “Open for Business Initiative.” He
stated that the specific issue was streamlining the permitting process and they
are going to have an update meeting concerning the materials that came out of
that process on November 6. He stated
that the whole idea here was not to create some kind of model permitting code
but to identify best practices and then to disseminate those best practices
throughout the region in order to have some kind of confluence of agreement on
those best practices and to have some kind of resolution. He asked the Commissioners to get any
comments they might have to him by November 6.
He added that Growth Management staff has been very involved in the
process.
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Commissioner
Horan informed the Board that he too will be attending the Legislative Conference
having attended the Policy Conference earlier and is seeking the approval to
attend.
Motion by Commissioner Dallari, seconded by Commissioner Horan to approve
expenses incurred by Commissioner Horan in connection with attendance at the
Florida Association of Counties’ Legislative Conference from November 28
through December 1.
Districts 1, 2 and 5 voted AYE.
COUNTY
ATTORNEY’S REPORT
Mr.
Applegate commended Ms. Guillet and her staff for their great work. He stated he has traveled the country doing
regulatory barriers to housing and development and the studies are replete that
what Seminole County is doing reduces the cost significantly in the long term
on development.
Chairman
Carey commented that this County has been the leader in implementing and is
usually ahead of everything they do that comes through the “How Shall We
Grow?” The County was ahead on the water
issue and the streamlining of the permitting process. To this day, she stated she believes that
Seminole County is the only county that adopted Comprehensive Land Plan changes
to incorporate the principals of “How Shall We Grow?” She also commended staff for their good work.
COUNTY
MANAGER’S REPORT
Jim Hartmann, County Manager,
stated he will be representing the county managers in the area at the Congress
of Regional Leaders meeting on November 2.
He has been attending these meetings and noted that Ms. Guillet did all
the heavy lifting, showed great leadership among all the Growth Management
directors in the area, and he stated that Seminole County is really showing its
leadership there.
ITEMS FOR
FUTURE AGENDA
Juan Lopez, 530 Providence
Boulevard, addressed the Board to state he rents his home and is interested in
purchasing a property at 310 Baron Cove in Altamonte Springs. After completing the application, Fanny Mae
informed him that the previous owner of the property installed security bars on
the windows of the home and never obtained a permit from the County. The contract for the house is $29,000;
however there is a Code Enforcement lien in the amount of $31,000 and he is
requesting that the County reduce it.
Chairman Carey explained that there
is a process that he can go through and appeal it to the Board of County
Commissioners and advised him to see Ms. Guillet and Tina Williamson in the
Planning & Development Division. She
asked that they walk Mr. Lopez through the application process and get the
request on a future agenda. She
explained that they are looked at on a case-by-case basis and there are facts
and findings that have to occur.
Speaker Request Form was received
and filed.
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There being no further business to
come before the Board, the Chairman declared the meeting adjourned at 3:00
p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/tp