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

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