BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 26, 2010
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 26, 2010, in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD, FLORIDA, the usual place of
meeting of said Board.
Present:
Chairman Bob Dallari (District 1)
Vice Chairman Brenda Carey (District 5)
Commissioner Mike McLean (District 2)
Commissioner Dick Van Der Weide (District
3)
Commissioner Carlton Henley (District 4)
Clerk of Circuit Court Maryanne Morse
(Late)
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Bishop Hezekiah Ross, West Sanford Free Will
Holiness Church, gave the Invocation.
Commissioner McLean led the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner Van
Der Weide, to adopt appropriate Resolution #2010-R-220, as shown
on page _______, proclaiming the month of October as ”Domestic
Violence Awareness Month” in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Clerk of Court Maryanne Morse entered the meeting at
this time.
Commissioner Carey presented the Resolution to
Jeannie Gold, Executive Director of Safehouse, who addressed the Board to state
she gave each Commissioner a purple pen for Domestic Violence Awareness. She expressed thanks to the Board for
supporting them all these years. She
stated the Department of Justice Grant on the Consent Agenda today helps, not
only Domestic Violence, but also the children.
-------
Motion by Commissioner Henley, seconded by Commissioner McLean, to adopt
appropriate Resolution #2010-R-219, as shown on page _______, proclaiming
the month of November as “Be A Hero Month” in Seminole County, and encouraging
the promotion and support of blood drives within our community.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley presented the Resolution to Rick
Walsh, Chairman of the Blood Center Board, who showed a video on blood
recipients and donors to the Blood Center.
He said he represents the employees and patients who receive the gift of
life. The Resolution is helpful because
they are trying to make everybody understand that the blood donated today is probably
in someone else tomorrow afternoon.
There is that much turn-around.
Chairman Dallari thanked Susan Brown for setting up
a tour of their facility a few weeks ago.
He was extremely impressed with it and what they do on such a stringent
budget.
Commissioner Carey said as the budget is tightened
up for most, it is a great campaign that local businesses can have that won’t
require physical giving of money but blood.
If Ms. Gold gets the businesses behind this, she can have more blood
drives. Even the smaller businesses can
make a difference if they will get together.
She asked Mr. Forte to work with the employees on having a blood drive
at the County.
Commissioner Henley expressed appreciation to Mr.
Walsh and others who take on this chore to meet that need in the
community. He said he is hoping more
churches and businesses will step up because they never know when they are
going to need it themselves.
Commissioner McLean stated he noticed the big red
bus has been in more unconventional locations.
He commended Mr. Walsh for “thinking outside of the box” and going to
people where they congregate.
Chairman Dallari encouraged all seven cities to do a
similar resolution. He said if they can
group together throughout Central Florida, that will definitely make a
statement.
Mr. Forte advised the Board that the employees,
through Central Services, hosts the Blood Drive bus two or three times a
year.
Commissioner Van Der Weide stated it is nice to know
the Blood Center is there if they need it.
Mr. Walsh thanked Chairman Dallari for taking the
time to come and see the operation.
Chairman Dallari said he was also amazed at the
sublet offices they have.
-------
Andrew Van Gaale, Seminole County Port Authority Administrator,
and past Chairman, Jeffrey Triplett, addressed the Board to present a check
to the Board in the amount of $800,000 representing surplus funds out of the 2009-10
profits.
PUBLIC PARTICIPATION
Mayor John Bush,
speaking on behalf of the Winter Springs City Commission, addressed the Board
to speak in support of Item #37, Revised Oviedo Community Redevelopment Agency
Delegation of Authority. He said the Winter
Springs City Commission feels very strongly that working with the city of
Oviedo is the right thing to do. They
refer to themselves as twin cities.
Mayor Bush said he appreciates the County Commission’s support on the Semetech
project. He said if Mr. Forte will send
a copy of the Resolution for “Be A Hero Month” to their City Manager, they will
get that to their City Commission next week.
Cynthia
Sucher, President of the Oviedo-Winter Springs Chamber of Commerce, addressed
the Board to state the Chamber is grateful for the County’s support of economic
development and redevelopment in Oviedo; without it, they could not have gotten
this far. She thanked Chairman Dallari
for his leadership. She said the city of
Oviedo is ready to address the redevelopment issues and concerns. They are looking forward to the County to
address shared opportunities. She
requested the Board adopt the revised Oviedo Delegation of Authority Exhibit B.
Paul Sladek,
Vice President of Government Affairs for the Oviedo-Winter Springs Chamber,
addressed the Board to state the Chamber adopted a resolution for delegation of
authority and he read relevant clauses of the resolution stating the Chamber is
supporting amending the delegation of authority in Exhibit B. Their resolution was adopted unanimously May
18, 2010, by the Board of Directors of the Chamber.
Tom
Hagood, representing the Chairman of the Oviedo Economic Development Commission,
said they met with a majority of the Managers present. He thanked the County for all their efforts
for Exhibit B.
Speaker
Request Forms were received and filed.
Written
Comment Forms were submitted from Deputy Mayor Steve Henken, the city of Winter
Springs with attached Resolution, and the Oviedo-Winter Springs Chamber with
attached Resolution.
County Manager’s CONSENT AGENDA
ACM Joe
Forte advised that the Board should have received the back-up information for
Item #9, Takeover Agreement pursuant to CC-3631-08/VFT with Western Surety
Company of Sioux Falls, South Dakota. Also,
an add-on to the Agenda is Item #28A, Flood Mitigation Assistance Agreement.
Upon
inquiry by Commissioner Carey regarding Item #17, Grant Agreement with the
Florida Division of Emergency Management, Mr. Forte clarified that the grant
funds are to fund operative expenditures and no positions can come out of that.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and
authorize the following:
County Manager’s
Office
Purchasing &
Contracts Division
4. Award CC-5554-10/DRR, as shown on page
_______, Master Services Agreements (MSAs) for Sewer Pump Station Repairs and
Restoration, to Construction Management Associates LLC, of Rockledge, Florida;
Sawcross, Inc., of Jacksonville, Florida; and TLC Diversified, Inc., of
Palmetto, Florida; and authorize the Purchasing & Contracts Division to
execute the MSAs (estimated annual usage amount of $1,500,000.00).
5. Award CC-5682-10/DRR, as shown on page _______, Yankee Lake Water
Reclamation Facility Ph. II-A improvements, in the amount of $8,932,000.00 to
Wharton-Smith, Inc., of Sanford, Florida; and authorize the Purchasing &
Contracts Division to execute the Agreement.
6. Award IFB-600963-10/TLR, as shown on page _______, Term Contract
for Planting Bed Maintenance, to Helping Hand Lawn Care, Inc., Sorrento, and authorize
the Purchasing and Contracts Division to execute the contract.
7. Award Bid-600967-10/GMG, and authorize issuance of Purchase Order
for Furnishing and Installation of Water Specialties ML04 Propeller-Type Flow
Meters for Seminole County Wells to McMahan Construction, Co., Inc., DeLand.
8. Award Proprietary Source Procurement SS-601026-10/GGM for HP
Storage Area Network (SAN) extended warranty, software and hardware maintenance
and support to Hewlett Packard, Conway, Arkansas; and authorize the Purchasing
and Contracts Division to execute any pertinent documents.
9. Approve the Takeover Agreement, as shown on page _______, pursuant
to CC-3631-08/VFT (Bunnell Road/Eden Park Avenue Construction Project) with
Western Surety Company of Sioux Falls, South Dakota.
Central Services
Support Services
Division
10. Approve and
authorize the Chairman to execute the new Lease Agreement, as shown on page
_______, for Oak Groves Shoppes with MSKP Oak Grove, LLC.
11. Approve and
authorize the Chairman to execute the Seminole County/City of Sanford Temporary
Sign Easement Agreement (100 East First Street, Sanford), as shown on page
_______.
Environmental
Services
Business Office
12. Approve the release of the
original Water & Sewer Maintenance Agreement with Letter of Credit (LOC
#BB10030/AR45) for the project known as I-4 Industrial Park Sect. 5 & 6 in
the amount of $56,269.35. (Space Port USA, Inc.)
Solid Waste
Management
13. Renewal of
Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection
Services with Waste Pro of Florida, Inc. from October 1, 2010 to September 30,
2011.
14. Approve and
authorize the Chairman to execute Certificate of Public Convenience and
Necessity, as shown on page _______, for Keller Outdoor, Inc.
Fiscal Services
Business Office
15. Approve and
authorize the Chairman to execute a Grant Agreement, as shown on page _______,
with the Department of Justice, Office on Violence Against Women, in acceptance
of $400,000 through their Safe Haven Supervised Visitation and Safe Exchange Grant
Program.
16. Approve and
authorize the Chairman to execute a Notice of Award, as shown on page _______,
from the Substance Abuse and Mental Health Administration in acceptance of the
terms and conditions to receive $1,000,000 through the Child Mental Health
Initiatives Program.
17. Approve and
authorize the Chairman to execute a Grant Agreement, as shown on page _______,
with the Florida Division of Emergency Management in acceptance of $77,043
through their Emergency Management Preparedness and Assistance Program.
Budget Division
18. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-221, as shown on page
_______, implementing Budget Amendment Request (BAR) #10-105 in the amount of
$20,125,000 through the General Revenue Debt Fund to recognize the Capital
Improvement Revenue Bond, Series 2010 transaction.
19. Approve and
authorize the Chairman to execute appropriate Resolution #2010-R-222, as shown
on page _______, implementing Budget Amendment Request (BAR) #11-5 through the
Community Services Grant Fund in the amount of $400,000 to provide funding for
the Community Services Supervised Visitation and Safe Exchange Grant Program.
20. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-223, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-06 through the
Community Services Grant Fund in the amount of $1,000,000 to provide funding
for the Community Services Child Mental Health Initiative Grant Program.
21. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-224, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-09 through the 2001
Infrastructure Sales Tax Fund and the Public Works Stimulus Grants Fund in the
amount of $900,000 to establish and provide funding for Lake Mary Blvd. reconstruction.
22. Approve and authorize the
Chairman to execute appropriate Resolution #2010-R-225, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-10 through the various
Water and Sewer Funds in the amount of $86,669,261 in order to restructure and
reallocate funding for various Water and Sewer projects.
Growth
Management
Planning &
Development Division
23. Approve and authorize the
Chairman to execute the "Seminole County/METROPLAN ORLANDO (Urban Area Metropolitan
Planning Organization) FY 2010 - 2011 Funding Agreement," as shown on page
_______, in the amount of $172,259.00.
Leisure Services
Tourism-CVB
Division
24. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Freedom Sports
Association in the amount of $3,015.79.
25. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Spring Break
Sports in the amount of $20,000.
26. Approve and
authorize the Chairman to execute an Agreement, as shown on page _______, with
Sunshine State Conference in the amount of $1,773.20.
27. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Florida Half
Century Senior Softball Organization in the amount of $18,741.80.
28. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with U.S. Club
Soccer in the amount of $11,069.
Public Safety
Emergency
Management Division
28A. Approve and authorize the
Chairman to execute the Flood Mitigation Assistance Agreement (Lunsford – 2624
Shad Lane, Geneva, Florida), as shown on page _______.
Public Works
Engineering
Division
29. Adopt appropriate
Resolution #2010-R-226, as shown on page _______, and authorize the Chairman to
execute a Supplemental Agreement Number 1, as shown on page _______, with the
State of Florida Department of Transportation in conjunction with a Local Agency
Program Agreement for the design and construction of the Cross Seminole Trail
Red Bug Lake Road Pedestrian Overpass (FDOT FPN: 428527-1-58-01).
30. Adopt appropriate Resolution #2010-R-227,
as shown on page _______, and authorize the Chairman to execute a Supplemental
Agreement Number 1, as shown on page _______, with the State of Florida Department
of Transportation in conjunction with a Local Agency Program Agreement to
facilitate the reconstruction and resurfacing of Longwood-Lake Mary Road from
County Road 427 to Lake Mary Boulevard (FDOT - FPN: 428091-1-58-01).
31. Adopt appropriate Resolution #2010-R-228,
as shown on page _______, and authorize the Chairman to execute a Supplemental
Agreement Number 1, as shown on page _______, with the State of Florida Department
of Transportation in conjunction with a Local Agency Program Agreement for the
replacement of the Orange Boulevard Bridge at Lockhart Smith Canal. (Bridge Number 774003) (FDOT FPN: 428405-1-58-01)
32. Adopt appropriate Resolution #2010-R-229,
as shown on page _______, and authorize the Chairman to execute a Supplemental
Agreement Number 1, as shown on page _______, with the State of Florida Department
of Transportation in conjunction with a Local Agency Program Agreement for the
resurfacing of Rinehart Road from County Road 46A to Towne Center Boulevard. (FDOT FPN:
428434-1-58-01)
33. Adopt appropriate
Resolution #2010-R-230, as shown on page _______, and authorize the Chairman to
execute a Supplemental Agreement Number 1, as shown on page _______, with the
State of Florida Department of Transportation in conjunction with a Local Agency
Program Agreement for the resurfacing of Lake Mary Boulevard from Rinehart Road
to Country Club Road. (FDOT- FPN: 428528-1-58-01)
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion
by Commissioner Carey, seconded by Commissioner Henley, to approve and
authorize the following:
Clerk's Office
34. Approval of
Expenditure Approval Lists, as shown on page _______, dated September 28 and
October 4, 2010; approval of Payroll Approval List, as shown on page _______,
dated September 30, 2010; approval of BCC Official Minutes dated September 28,
2010.
Districts 1, 2,
3, 4 and 5 voted AYE.
-------
The Board noted, for information only, the following
Clerk's "Received and Filed":
1. Copy
of e-mail from David J. Draper, Florida Department of Health, in reference to
letter issued August 17, 2010, to Seminole County concerning review of the
County’s 2009 Audit Report.
2. Conditional
Utility Agreements, as shown on page _______, for Water and Sewer Service with
SunTrust Bank.
3. Amendment
#1, as shown on page _______, to Work Order #44 for PS-1529-06.
4. Work
Order #3, as shown on page _______, to PS-2404-07.
5. Certificates
of Completion, as shown on page _______, for Work Orders #19 and #21 to
CC-2184-07.
6. Recorded
Development Order, as shown on page _______, for VI-Con Development Group, LLC,
Johnson Warehouse, as approved by the BCC on August 12, 2008.
7. Second
Amended and Restated Development Order, as shown on page _______, for KB Home
Orlando, LLC, Silverleaf Park PUD.
8. Amendment
#1, as shown on page _______, to Work Order #2 for PS-0984-06.
9. Amendment
#3, as shown on page _______, to Work Order #51 for PS-5150-03.
10. M-600968-10 Program Coordinator Services
Agreement, as shown on page _______, with Natalae Wilson.
11. Amendment #2, as shown on page _______, to
CC-2938-07.
12. Assignment, as shown on page _______, of
PS-2249-07 Agreement from DMJM Harris to AECOM Technical Services, Inc.
13. Amendment #3, as shown on page _______, to
Work Order #5 for M-5004-09.
14. Work Order #7, as shown on page _______, to
M-5004-09.
15. Ordinance #2007-33, as shown on page _______,
re-recorded to include page inadvertently omitted, Lake Myrtle Restoration
MSBU.
16. RFQ-600961-10, as shown on page _______, Term
Contract with Florida Fire and Sound, Inc.
17. Work Order #83, as shown on page _______, to
PS-5120-02.
18. Notice from the Florida Public Service
Commission of proposed agency action order granting Utilities, Inc. of Florida
application for rate increase and final order finding an interim refund is
required and approving four-year rate reduction, Docket No. 090462-WS.
19. Change Orders #3, as shown on page _______, to
Work Orders #15 and #18 for CC-2184-07.
20. Amendment #1, as shown on page _______, to
IFB-600844-10 Term Contract, Control Technologies of Central Florida, Inc.
21. Parks Contracts for Services, as shown on page
_______, with David Dan Murwin, Daniel Ziegler and Richard Zywica.
22. Conditional Utility Agreements, as shown on
page _______, for Water and Sewer Service with 2468, Inc.
23. Copies of recorded Mortgage Deeds, as shown on
page _______, for Katie Mae Jackson, Hattie M. Byrd and Euletha L. Byrd, and
Emily Williams.
24. Development Order, as shown on page _______,
for John K. Smith, Smith Guest House/Cottage.
25. Change Order #2, as shown on page _______, to
CC-4533-09.
26. Amendment #2, as shown on page _______, to
Work Order #5 for PS-0722-06.
27. Work Orders #52 and #53, as shown on page
_______, to RFP-4277-09.
28. Change Order #21, as shown on page _______, to
RFP-0613-06.
29. Amendment #2, as shown on page _______, to
M-3193-08, The Triece Company.
30. Amendment #1, as shown on page _______, to
Work Order #45 for CC-1741-06.
31. Work Order #61, as shown on page _______, to
CC-1741-06.
32. Copy of Memorandum to Ann Colby from David
Shields regarding Basic Services Agreement Request regarding Seminole County
v. Hudson.
33. Work Order #14, as shown on page _______, to
PS-4388-09.
34. RFQ-5888-10, as shown on page _______, General
Conditions (AIA-201).
35. Memorandum from Denes Balo, Director of
Clerk’s Finance, to County Commission Records regarding the Clerk’s FY 2009/10
Amended Budget, as shown on page _______.
36. Memorandum from Eva Roach to Denes Balo
acknowledging receipt of the Clerk’s Amended Budget for FY 2009/10.
37. IFB-600962-10, as shown on page _______, Term
Contract with Cintas Corporation No. 2.
38. Original, executed documents from the
Engineering Division as follows: Local
Agency Program Agreement, as shown on page _______, for the Cross Seminole
Trail Red Bug Lake Road Pedestrian Overpass approved Feb. 23, 2010; Local
Agency Program Agreement, as shown on page _______, for the Orange Boulevard
Bridge at Lockhart Smith Canal approved Dec. 8, 2009; Local Agency Program
Agreement, as shown on page _______, for Longwood-Lake Mary Road from CR 427 to
Lake Mary Boulevard approved Dec. 8, 2009; and Local Agency Program Agreement,
as shown on page _______, for Lake Mary Boulevard from Rinehart Road to Country
Club Road approved Feb. 23, 2010.
39. Closeout, as shown on page _______, of
CC-3191-08.
40. Parks Contract for Services, as shown on page
_______, with Sheryl Rivas.
41. Change Order #1, as shown on page _______, to
Work Order #40 for CC-1284-06.
42. Work Order #69, as shown on page _______, to
PS-1529-06.
43. Amendment #5, as shown on page _______, to
Work Order #1 for PS-2084-07.
44. Development Order, as shown on page _______,
for Greg Hill, Hill Guest House.
45. Work Order #46, as shown on page _______, to
CC-1284-06.
46. Amendment #4, as shown on page _______, to
Work Order #5 for RFP-3261-08.
47. Amendment #3, as shown on page _______, to
Work Order #30 for PS-0381-06.
48. Amendment #3, as shown on page _______, to
Work Order #5 for PS-5180-05.
49. Bids as follows: RFP-600987-10; CC-5554-10; IFB-600963-10;
CC-6035-10; RFP-600992-10; CC-5682-10; RFP-600831-10; and RFP-600958-10.
-------
Motion
by Commissioner Carey, seconded by Commissioner McLean, to approve and
authorize the following:
Sheriff’s Office
35. Approval by the Board of County
Commissioners to expend $15,000 from the Law Enforcement Trust Fund to provide
funding in support of the Midway Safe Harbor Center.
36. Approval by the Board of County
Commissioners to contribute $500 from the Law Enforcement Trust Fund to provide
funding in support of Challenge Day, a nationally recognized program being
hosted by Lake Mary High School.
Districts 1, 2,
3, 4 and 5 voted AYE.
-------
Chairman
Dallari recessed the meeting at 10:05 a.m. and reconvened it at 10:11 a.m. with
all Commissioners and all Officials present.
REGULAR AGENDA
Jeff
Hopper, Planner, addressed the Board to present request for adoption of the
revised Delegation of Authority Resolution Exhibit B for the city of Oviedo
Community Redevelopment Agency. He
reviewed that the significant changes are to extend the CRA time frame from 20
years to 30 years; provide for limited participation by Seminole County in the
Tax Increment Fund (TIF); and when Seminole County’s financial participation
begins, the CRA governing board shall include two members appointed by the
BCC. He stated the staff is recommending
approval of the Delegation of Authority Resolution Exhibit A that authorizes
the City to request County participation when taxable values reach 115% of base
year amount or in FY 2017, unless the CRA’s financial goals are met at an
earlier date; provides for extending the CRA time frame from 20 years to 30
years; and provides for appointments to the CRA governing board by the County.
John
Jones, Land Design Innovations, addressed the Board to give the background of
the city of Oviedo’s economic development program. He said the main thing the City is asking for
today is equity. He reviewed the
revision of the Delegation of Authority Resolution (DAR) and Exhibit B
thresholds. He said the County would
always receive more tax increments than they would give to the CRA. He stated the County has supported every CRA
in the County except the Oviedo CRA. Now
it’s time to reaffirm the County’s support.
He requested the Board adopt the revisions in Resolution Exhibit B.
Mayor Dominic
Persampiere, city of Oviedo, addressed the Board to state he realizes the
budgets have tightened and what they are asking may seem out of reach now, but
look at the partnerships they can create.
He thinks they have addressed all the concerns and redevelopment of the
area will bring jobs and dollars over a period of time. He stated there is much commitment, not only
from Oviedo, but from Winter Springs and partnerships like this will help them
continue that. He hopes they have
support on Resolution Exhibit B.
Chairman
Dallari said he would agree with the presenters. He thinks the Oviedo CRA working with, not
just the County staff but each of them, does have a valid cause. He likes the triggers 2017 and/or 15%
increase in net value. For those
reasons, he would encourage the Board to adopt Exhibit B.
Commissioner
McLean stated he would agree with the Chairman’s statements regarding
this. He thinks the same, as Mr. Jones
mentioned, about some of the previous efforts they have been involved in with
the various other cities. They can
safely say those arrangements were partnerships between the County and the
individual municipalities. The County
has had a long-standing history of partnerships and success. He said even though the CRA is in that
community, it’s in their County and it’s in their common, best interest to look
at it that way. They do have two
definitive triggers: value and the
trigger that it’s at a time that they will have other CRA’s obligations in a
rear view mirror. He thinks the City has
tried to be reasonable with the 50% and he would support their proposal in
Exhibit B.
Commissioner
Henley stated he thinks they have to recognize the time which they exist. The other CRA’s were established when they
were in better times. That growth has
stopped and they have had to cut approximately $100 million out of their
budget. On the 2017 trigger, he reminded
the Board they are going to be sharing the cost of commuter rail which will be
more than what they are paying out to the other CRA’s that are coming to a
close. Also, they would be authorizing
30 years. They did not grant 30 years to
the city of Altamonte. That was granted
by the Legislature before the County had permission to do so. He said that concerns him. They don’t know what that amount is going to
be. The County’s forecasts show by 2014
this County will be under water from a financial standpoint unless things
drastically change. He will be hesitant
to bind the County to start contributing.
They did not deal with the other CRA’s like this. He stated the things Mr. Jones indicated are
correct. The most the Board was
requested to do was to set up the CRA’s.
He does not support binding the County at this time for participation
until they can see more clearly whether the County is going to survive
financially.
Commissioner
Carey stated she agrees with Commissioner Henley that if you look back at their
budget, their own projections show in the 2014-15 budget year, they will have
blown through all their reserves and will be faced with a lot of financial challenges
over the next couple of years. She said she
doesn’t have a problem with looking at this in the future. She thinks Exhibit A alternative to say when
the CRA hits those triggers to talk about it then is the way to go. She expects other CRA’s will come back in and
ask for extensions which will give the BCC the opportunity to reevaluate
them. The BCC has a lot of things
challenging them now and she doesn’t think it would be fiscally responsible for
them to do this, not knowing what 2017 will look like. They already know if they don’t have some
pretty significant changes by 2014, they will be in serious financial
trouble. She doesn’t have a problem with
30 years, but she thinks Exhibit A is a much better alternative.
Chairman
Dallari said what they are hearing here is a true partnership. They do need to increase revenues. As they all know, they need growth. They don’t want to have this on the
taxpayers’ back. The plan the City is
presenting is basically an increase of revenue they receive. It is not the existing revenue they
receive. It is 15% above what they
collect today. He thinks the City wants
to help the County increase their tax roll so they can meet those financial
obligations. What they are trying to do
is put through a partnership to increase not just their revenues, but their
revenues by allowing the County to reinvest in their City, so they can meet
future obligations in 2017 and beyond.
The reason he likes the 2017 milestone is because the other biggest CRA
they have is Altamonte. It is just about
all built out and there is no reason to continue that. The County will also have revenue from
Crane’s Roost. To him it is a win-win
situation.
Commissioner
McLean stated he thinks 30 years makes sense about the bond. He said the BCC’s obligation would be over a
20-year period. He understands the
obligation they are speaking of is in the neighborhood of a $27,000 annual
contribution. He thinks the proportion
of what they are being asked to partner with is perhaps less than what they are
going to deal with, whatever the maintenance costs will be. He said Oviedo and Winter Springs are in Seminole
County and he feels $27,000 is a small price to pay for the continued economic
vitality for not only Oviedo but in partnership with the entire community. He asked the Board to consider that.
Commissioner
Van Der Weide said he supports Exhibit B.
He said he thinks it’s Oviedo’s turn, and he wouldn’t have any problem
with this. He has a very optimistic
outlook.
Upon
inquiry by Commissioner Carey, Lisa Spriggs, Fiscal Services Director,
addressed the Board to advise she believes the Altamonte CRA expires in 2015
and the others expire in 2017. She said
the amount of money to those CRA’s has dropped significantly because of the
valuations dropping. The Altamonte CRA
is in the range of less than $2 million a year.
The others are very minor comparatively.
The bond peaks at $3 million annually.
That’s the total money that goes to the CRA’s.
Commissioner
Carey stated she doesn’t have a problem if the City comes back in five years
and talk about it. She doesn’t have a
problem being a partner and thinks they have been great partners in
Oviedo. Today is not about partnerships
but about the unknown of the financial future and when is the right time to
make that commitment. The other question
about the proposal is the City did the resolution in 2008. She asked will the 115% be based on 2008 or
values today at the time the resolution is amended.
Mr. Jones said the values
would be based on the baseline values of the CRA, which is 2010.
Commissioner Henley said
he doesn’t recall they have ever changed the baseline of a CRA since they ever
established it.
Motion
by Commissioner Van Der Weide, seconded by Commissioner McLean, to adopt
appropriate Revised Oviedo Community Redevelopment Agency (CRA) Delegation of
Authority Resolution #2010-R-231, Exhibit B, as shown on page _______.
Under
discussion, Commissioner Carey asked since the Board established the Resolution
in 2008 and the baseline was established at that time, could the 115% be from
the 2008 baseline or does it have to be.
Mr.
McMillan stated he doesn’t believe any baseline was established in 2008. It was established in 2010, so there is no
pre-existing one.
Chairman
Dallari asked Commissioner Van Der Weide if it was his interpretation that if
the Board approves Exhibit B, it is understood that the baseline is established
in 2010.
Mr.
McMillan said there is a blank that needs to be filled in in either Resolution
in Paragraph (5) that says you accept the delegation by a certain date. They would have to accept it by November 15,
2010.
Commissioners
Van Der Weide and McLean agreed with that date.
Commissioner
Henley said he doesn’t think this is responsible, but he will support the
motion for the reason that will allow him to bring it back if the circumstances
have gotten worse financially for the County.
He asked if they vote in favor of the motion, since they are on the
prevailing side, can they ask for it to be brought back.
Mr.
McMillan advised once the BCC delegates the authority and it is accepted, the
deal is done.
Whereupon, Commissioner
Henley said he will vote against the motion.
Mr. McMillan said they are
assuming that there are no retroactive payments, and from 2017, the County
would make payments forward.
Commissioner Carey said
the financial obligation would be 2017.
If the 115% happens in 2014, that is when it is going to begin.
Mr. Jones stated the
payment will be based on the 2010 base year. Chairman Dallari asked does the County have to
pay retro back to 2010. Mr. Jones said
the payment starts that year but is based on the 2010 valuations.
Mr.
McMillan said assuming it’s 2017, the first payment will be made in 2018, but
based on the difference of value between 2010 and 2017.
Districts
1, 2 and 3 voted AYE.
Commissioners
Henley and Carey voted NAY.
-------
Ray Hooper, Purchasing & Contracts Manager,
addressed the Board for review of the qualification submittals and Evaluation
Committee’s comments for RFQ-600975-10/TLR, Investment Banking Services, and selection
of pre-qualified investment banking firms. He said staff is requesting the Board to
select a minimum of three, but the preference is for four firms, and the firms
are to be pre-qualified for a period of five years.
Commissioner Carey said she concurs with the recommendation for
four firms and she thinks having four puts them into a little better situation.
Chairman Dallari stated he has no issue with having four firms. He thinks since they are talking about the
economy on a local basis, it is imperative to help the local base as well.
Mr. McMillan distributed business cards to the Commissioners for
voting. The consensus of the
Board was to vote on all four firms at one time. Mr. McMillan announced the voting results as
follows: Citigroup – 5 votes; Fifth
Third Securities – 3 votes from Commissioners McLean, Henley and Van Der Weide;
Gardnyr Michael Capital – 1 vote from Commissioner Dallari; J.P. Morgan – 2
votes from Commissioners Henley and Carey; Loop Capital – 3 votes from
Commissioners Dallari, Van Der Weide and Carey; Merill Lynch – 1 vote from
Commissioner Dallari; Morgan Stanley – 1 vote from Commissioner McLean; RBC
Capital – 1 vote from Commissioner Van Der Weide; and Raymond James – 3 votes
from Commissioners McLean, Henley and Carey.
Mr. McMillan stated the top four firms are Citigroup Global Markets,
Inc.; Fifth Third Securities, Inc.; Loop Capital Markets, LLC; and Raymond
James & Associates, Inc.
The business cards for voting were received and filed.
Motion by Commissioner Van Der Weide, seconded by
Commissioner Henley, to select the following pre-qualified investment banking
firms for RFQ-600975-10, Investment Banking Services: Citigroup Global Markets, Inc.; Fifth Third
Securities, Inc.; Loop Capital Markets, LLC; and Raymond James &
Associates, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari stated the Board talked at the last meeting about selecting firms to
solicit quotes for doing a County Manager search so they could move forward if
the Board decides to authorize the negotiations. There are five different comparisons in the
information packet provided. He
recommended The Mercer Group and Slavin Management Consultants.
Commissioner
Carey reported on her contact with the Florida Association of Counties and
National Association of Counties. She
said the FAC Executive Director pointed out that there are eight counties
looking for County Managers. Several
have recently hired someone from within.
That makes the Florida market pretty tight. On the national level, the five most probable
firms are Korn/Ferry; Slavin; Ralph Anderson & Associates from California;
and Bob Murray & Associates from Georgia.
The only one that was not on the list from NACo was Ralph Anderson. She suggested the firms Mercer; Slavin; Bob
Murray; and Korn/Ferry. She thinks if
they do a national search, they have to get out of the southeast market.
Commissioner
Van Der Weide stated they have a new Commissioner coming in a couple weeks and
he is not sure they should be moving forward without having him on board.
Chairman
Dallari said once they get a firm selected, the new Commissioner would be
involved.
Commissioner
Carey said she thinks it’s important that the new Commissioner be involved in
this selection.
Chairman
Dallari said he disagrees with that.
There is no reason why they can’t get this on the next agenda. It’s pretty “cut and dry” to do a
search.
Commissioner
Carey said she agrees with Commissioner Van Der Weide that selection of the
firm and whatever happens should occur after the new Commissioner is seated.
Commissioner
Henley stated he wanted to move forward months ago in trying to get this
going. It is going to take the firms several
weeks to come back. He would like the
Board to move on this and try to get the selection made. He thinks if they narrow this down to two to
three firms, they could probably respond.
Commissioner
McLean stated as a person who goes through the hiring process on occasion in
his office, he would suggest if they have a couple firms in national reach, if
timing is a challenge and they want to move forward, go with less nationwide
firms as opposed to more because they’re really not gaining much perspective. If they move forward, he suggests doing it
sooner rather than later. As Mr. Horan
comes into office, he will have plenty to do as they get more involved.
Chairman
Dallari said he has no problem with three firms or even four. Discussion ensued regarding the firms to
select.
Commissioner
Carey stated she would rather go with at least one national firm if all they
are doing is asking for proposals, and there is a firm that may not even
respond.
Commissioner
McLean said to check where the firm is located; it may not have anything to do
with their reach and history.
Commissioner
Henley said they can also stipulate where they want it advertised.
Motion by Commissioner Carey,
seconded by Commissioner Henley, to select the following firms to solicit
quotes for a County Manager search: The
Mercer Group, Inc.; Slavin Management Consultants; Bob Murray & Associates;
and Korn/Ferry International.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
The Board noted the Informational
Budget Amendment Status Report FY 2009/10 for the period ending September 30,
2010.
------
Mr. Forte
advised he met with Tad Stone, Public Safety Director, and the City regarding
the city of Longwood’s Transport Fee, and he thinks they have met a good consensus. The City will bring the same conditions for
out-of-city residents as those within the city of Longwood. He advised Commissioner Carey that staff will
bring back a resolution to provide the same conditions. He said bills will be sent out to the
insurance company and whatever is received, they will accept that as payment. He further advised Commissioner Henley that
if individuals do not have insurance, they will not be billed.
Mr. Forte
said the City was very forthright and worked well with the County staff.
-------
Chairman
Dallari recessed the meeting at 11:08 a.m. and reconvened it at 11:15 a.m. with
all Commissioners and Officials present, with the exception of Clerk Maryanne
Morse who reentered the meeting late.
REGULAR
AGENDA, Continued
Chairman
Dallari advised he was notified of an issue on revoting for Item #38,
RFQ-600975-10, Investment Banking Services.
Mr.
McMillan stated on the tabulation for the financial firms, there was a mistally
on Commissioner McLean’s vote, who named J.P. Morgan Securities, Inc. With that vote, J.P. Morgan had three votes
so there were five firms with three votes.
Motion
by Commissioner Carey, seconded by Commissioner Henley, to accept all five
firms: Citigroup Global Markets, Inc.;
Fifth Third Securities, Inc.; J.P. Morgan Securities, Inc.; Loop Capital
Markets, LLC; and Raymond James & Associates, Inc. for RFQ-600975-10,
Investment Banking Services.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S BRIEFING, Continued
Andrew Neff, Environmental
Services Manager, and Drew Jeter, CH2M Hill Program Manager, addressed the
Board to give a PowerPoint presentation (copies received and filed) on the
Water and Sewer Capital Improvement Program and request approval of the 2010
Revalidation of the Water and Sewer Capital Improvement Program (CIP) and
associated Budget Amendment Resolution (BAR). Mr. Neff reviewed the Overview.
Clerk Maryanne Morse
reentered the meeting at this time.
Chairman Dallari questioned
staff about the projects used as contingency.
Commissioner Carey stated
what has been done in the past and said she understands what’s being proposed
now. She said before they had contingencies
in every project and contingency over the whole program. She understands that the contingency has not been
reduced; it is just looked at differently.
They revalidate and reevaluate this project every year.
Chairman Dallari said his
concern is the contingency is being taken out for some of these projects that
are not completed. He would rather be
more conservative rather than “putting chance to the wind.”
Commissioner Henley asked
are they actually removing the contingency or relocating it. Mr. Neff answered they are relocating the
contingencies and he explained.
Chairman Dallari said his
concern is to leave the contingencies where they are. If they are removed before design, staff will
be coming back to the Board for more money.
Ms. Spriggs stated the
contingencies are actually still remaining within the project budget so, if
there is a change, the contingency is still available within that project
budget for expenditures. Staff is not
removing it. They have segregated the
contingency portion of the project budget into separate account lines so they
can see if they are spending out of the contingency.
Commissioner McLean said
he thinks they are reallocating it and they will be able to look at this again
a year from now.
Commissioner Carey said the
bulk of this program goes to construction in the next couple of years. She thinks it should still be a benefit to them
at that time. That’s the reason she is
for going forward. As long as the staff
keep counting the contingency and don’t consider it to say they have to go
borrow more money.
Chairman Dallari said
during design, he expects there are some processes they’re not too sure with
until the engineers have done all the research and design. He’s concerned about moving the contingency
around for capital.
Commissioner Henley said
he doesn’t think they have concerns because staff is not reducing the
contingency at all. They are better
identifying it and where it is. He
thinks that is a good move to help them clarify the abundance of where they are.
Commissioner Carey added it also gives the
engineers a number to design to. They
know the parameters they have to work in.
Chairman Dallari said he wants to make sure
for those type things there is enough money so the engineers can get their job
achieved without coming back to the Board.
Mr. Neff said over the last several months,
they have worked hard to rearrange the CIP Program. He thanked the staff for the work they did.
Mr. Jeter continued the PowerPoint
presentation with review of the following topics: Program Successes; CIP Delivery Update
(2006-2015); 2011 Validation; and 2011 Validation Results.
Chairman Dallari questioned why Phases IV and V are
being deferred to Year 2016. Mr. Neff stated
that he advised Mr. Green of St. Johns River Water Management District about
the deferment. Mr. Green had no issues
with these Phases and this was brought up in the course of their conversation.
Mr. Jeter continued with review of the Delivery/Funding
Profile; Major WTP Upgrades; Major WTP Upgrades Schedule; Program Scope &
Duration; Program Management Status; and Program Transition.
Mr. Neff reviewed the
Summary.
Mr. Neff informed Commissioner
Henley that he can provide information relating to how much latitude they have
in relation to CUP allocation of the water demands.
Commissioner Carey said staff
could send the Board a part of the program summary report that is provided by
CH2M Hill.
Mr. Neff reviewed the Next
Steps and said in January, he would like the Board to consider the Program
Management Contract Extension. There
have been discussions relating to scheduling a work session to review Water
& Sewer and Solid Waste financial conditions, and he would like to get a consultant
on board and bring it back at the meeting on November 9.
Chairman Dallari asked if staff wished to
have the work session first. Mr. Neff
said this consultant does the rate and financial modeling. Staff can prepare work from their perspective,
but it is always good to have peer review of what they are doing. He wants to make sure they are all operating
on a very good data base. They have done
this in-house in the past but it seems like there was a lot of non-activity and
when they had to issue the bonds, there was a rate spike. He wants to look at how they can control that
better, so they don’t have some of these rate fluctuations they have had in the
past.
Commissioner Henley stated he is having trouble with
what the urgency is in going out to hire a consultant now. Chairman Dallari said if they didn’t have
those automatic rates built in, he could understand that.
Commissioner Carey said she is not sure when they
did this in-house that it was done as it should have been. She thinks having a consultant would give
them that comfort level. She would like
to know, going out in the future, that they have the right rate structure and
what they believe to be true is actually going to work. She said with the decline of people signing
up and the lack of development, there were a lot of assumptions that growth was
going to start to come back and those things did not happen. She thinks it’s good having somebody that
does nothing but financial modeling to see what if they don’t have that revenue
coming back. It’s helpful to have the
whole picture and financial information; and when having workshops, that is
helpful to her.
Commissioner Henley said the last study was done for
the purpose of making sure they could finance the bonds that they sold. That was one of the reasons why set those
rates for servicing the bonds. He asked
if they are upside down on that.
Mr. Neff said no, but they need to constantly monitor
that. He explained his concern and said
they need to track it constantly so they don’t get themselves in trouble.
Chairman Dallari stated he agrees with Commissioner
Henley. He said some of this can be done
in-house and he thinks staff needs to use the assets they currently have
without occurring new contracts.
Commissioner Van Der Weide said if it is going to
give them a level of assurance, that means a lot to him.
Chairman Dallari said with the past County
employees, they did have a level of expertise.
As far as hiring new people, they should be brought in with the same
level of expertise.
Commissioner Carey said they are talking about a
$380 million project and to do financial modeling is less than $25,000. People who do that kind of work are paid at a
much higher salary. She is in favor of
hiring people to do that and send them away.
She is in favor of doing like Mr. Neff said.
Commissioner Henley said he doesn’t think they need
to hire a consultant before they have a workshop. Commissioner Carey asked how will they know
at the workshop if they are on target or not.
Mr. Neff said bringing in someone experienced in the
field is advantageous to the Board talking to experts and finding out what
other entities are doing and what they are doing about it. Whereupon, Chairman Dallari said they are not
interested in what others are doing but interested in the rates.
Mr. Neff said these are all important things they
will be talking about and the Board will have some idea of where they are going
to land.
Upon inquiry by Commissioner McLean, Mr. Neff said
he is comfortable with negotiating with CH2M Hill on the extension. Commissioner McLean asked if it would be
possible to have that discussion on the agreement by the December meeting. He said to get through that process and, in
the new year, they will have more time. That might somewhat smooth out the different
things they have to do. He asked if it
is reasonable to have that by December 14.
Mr. Neff said he would be concerned with that. They have a lot of things on their plate
right now. He thinks it is already a
challenge trying to meet the January date.
He was thinking of moving it out to February on the extension.
Upon inquiry by Commissioner Van Der Weide, Mr.
Forte said he has talked this through with Mr. Neff. He was looking at assurance of the Board
being on the right track on hiring a consultant to make sure with all the
variables and unknowns, it was to have some base line they are comparing back
to so the Board can make a more informed and educated decision. There is one level of work that the outside
consultant can provide better than they can provide in-house.
Commissioner Carey said they can’t continue to build
a program if they can’t continue to pay for it.
Mr. Forte said staff will bring this back on
November 9 and, if approved, they will take the January work session out to
February.
Commissioner Van Der Weide said that makes sense to
him. Chairman Dallari said he thinks
they should have a work session first.
Commissioner McLean said on the timing, he would
defer to Mr. Neff for a better idea of the time frame. Regarding the extension, have it happen as
soon as possible for continuity purpose if nothing else. If they have to wait for a January/February
time frame, he doesn’t know if it is necessary to have a work session upfront.
Commissioner Carey said staff will be coming back on
November 9. She asked if it is staff’s
desire to have the item that was pulled off the agenda for the outside
consultant to do the financial modeling to be brought back on November 9.
Commissioner Henley said he still doesn’t see the
urgency of this because he is sure the work session is going to cover a lot
more than rates. They will not be voting
any time soon on a rate increase to go out and sell any bonds.
Chairman Dallari said he agrees with Commissioner
Henley on this.
Mr. Neff continued with review of the Next
Steps. He said every quarter he will
provide the Board with documents on insight of the program activities and the
status of projects.
Chairman Dallari said this will be on the agenda for
the next meeting.
Mr. Forte said the Board was expecting a report back
on document management and staff agreed to bring that back on November 9.
-------
Chairman
Dallari recessed the meeting at 12:02 p.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials (with Clerk of Circuit Court Maryanne
Morse being absent), with the exception of Deputy Clerk Carylon Cohen, who was
replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
-------
Larry
Dale, President and CEO of the Orlando-Sanford International Airport, addressed
the Board to announce that Allegiant Airlines will consolidate all of its
Orlando air services (29 routes) to Orlando-Sanford International Airport
beginning February 1, 2011.
Upon inquiry by Chairman Dallari,
Mr. Dale stated that this means another 500,000 to 600,000 passengers will be
coming back to Seminole County. He added
that it will mean jobs and money spent here in Seminole County and income for
the further development of the airport and Central Florida area.
Commissioner Carey asked Mr. Dale
to get a copy of the press release to all of the Commissioners so they can send
a note to Allegiant. She stated that she
believes the campaign the airport undertook to get people to send a message back
to the top people at Allegiant made a difference.
Commissioner McLean stated he
believes the superiority of convenience and the professionalism of the
Orlando-Sanford Airport won Allegiant back.
Commissioner Van Der Weide
congratulated Mr. Dale and his staff for doing a great job.
Mr. Dale stated that the City is
going to allow him to put up a banner on First Street and one will be placed at
the airport parking garage. He asked the
Board for permission to put a temporary, time-certain banner at the Rinehart
pedestrian overpass at Lake Mary Boulevard since this is big economic news for
Seminole County.
Commissioner Carey stated there are
a number of billboard agreements where they get a percentage of the billboard
time and they could use public service announcements.
Chairman Dallari asked Mr. Dale to
work with Mr. Forte to put a plan together and suggested that if there were no
objections, the matter could be brought back at the next meeting. Commissioner Carey asked if it needs to come
back.
Mr. Forte stated that the County
doesn't allow signs on pedestrian overpasses, but that he and Mr. Dale can work
in other areas to get the word out. Mr.
Dale stated that Lake Mary doesn't allow signs on pedestrian overpasses either
but is willing to make an exception for this one.
Commissioner Carey stated that
traditionally the County has not allowed anybody to put anything on pedestrian
overpasses but believes if it is for a specific time and short-lived, it would
probably be acceptable.
Commissioner Van Der Weide stated
he believes the County needs to pursue everything that can be done
cooperatively with the airport.
Chairman Dallari stated if there
were no objections, items like this shouldn't have to come back to the Board
and suggested that Mr. Dale work with the County Manager to make this happen
posthaste. No objections were voiced.
PROOFS OF PUBLICATION
Motion by Commissioner McLean, seconded
by Commissioner Henley to authorize the filing of the proofs of publication for
this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
MSTU/MSBU
Proof of
publication, as shown on page ________, calling for a public hearing to
consider enactment of Ordinance amending Chapter 160, Municipal Service Taxing
or Benefit Unit, received and filed.
Kathy
Moore, representing the MSBU program, addressed the Board to request approval
of an Ordinance that will amend Chapter 160 of the County Administrative
Code. Ms. Moore stated that the updates
identified in the proposed Ordinance are related to closed or inactive MSBU
Ordinances and approval of the proposed Ordinance will enable Chapter 160 to be
up to date and relative to the MSBU Ordinances that are governing active
assessment districts.
No one spoke in support or in
opposition.
Motion by Commissioner McLean,
seconded by Commissioner Carey, to enact Ordinance 2010-22, as shown on page
_________, amending Chapter 160, Municipal Service Taxing or Benefit Unit, as
described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
NORTH OREGON STREET LARGE
SCALE
FLU
AMENDMENT/Olan D. Hill
Proof of
publication, as shown on page ________, calling for a public hearing to
consider adopting the requested Large Scale Future Land Use Amendment from
HIP-TI (High Intensity Planned Development-Target Industry) to COM (Commercial)
on 13.3 acres, located at the northeast intersection of North Oregon Street and
SR 46, Olan Hill, received and filed.
Jeff
Hopper, Planning and Development Division, addressed the Board to state Olan D.
Hill, VHB MillerSellen, was requesting a change in use from HIP-TI to
Commercial on approximately 13 acres on the north side of State Road 46 between
I-4 and North Oregon Street with the intent of providing greater development
flexibility on the property.
Mr. Hopper
explained that the site, formerly the Bill Heard Chevrolet dealership, already
carries a commercial designation on the north 11 acres. He stated that since there is no specific
development being developed at this time and no rezoning application submitted,
the site will remain in its existing PCD zoning for the time being. He added that despite being designated by the
Comprehensive Plan for use as target industry, this property has developed as a
commercial use with other standard retail uses on neighboring properties.
Mr. Hopper advised that the Board
of County Commissioners voted 4 to 0 to transmit the request to the State with
an abstention by Commissioner Carey. Mr.
Hopper further stated that on October 22, DCA provided a report indicating no
objections, recommendations or comments on this application and that staff
recommends adoption of the land use amendment.
Commissioner Carey declared a
conflict of interest on this item.
Olan Hill, applicant, addressed the
Board to state that he supports the staff's recommendation.
No one
spoke in support or in opposition.
Motion by Commissioner Henley,
seconded by Commissioner McLean, to adopt Ordinance 2010-23, as shown on page
_______, approving a Large Scale Future Land Use Amendment from HIP-TI (High
Intensity Planned Development-Target Industry) to COM (Commercial) on 13.3
acres, located at the northeast intersection of North Oregon Street and SR 46,
as described in the proof of publication, Olan Hill, based on staff findings.
Districts 1, 2, 3 and 4 voted
AYE.
Commissioner Carey abstained from
voting. A Memorandum of Voting Conflict
for Commissioner Carey, as shown on page _______, was received and filed.
ADMINISTRATIVE LARGE SCALE
FLU MAP
AMENDMENT/Seminole County
Proof of
publication, as shown on page ________, calling for a public hearing to
consider adopting the requested Administrative Large Scale Future Land Use Map
Amendment from Planned Development (PD), Public, Quasi-Public (PQP), Rural-10
(R10), Rural-5 (R5), Recreation (REC), and Suburban Estates (SE) to
Preservation/Managed Lands (PML) on 11,019 acres located Countywide, Seminole
County, received and filed.
Tony
Matthews, Planning and Development Division, addressed the Board to explain
that the amendment includes 11,019 acres located countywide. He stated that the amendment includes a scrub
jay easement over a portion of the Yankee Lake Wastewater Treatment facility
which was required by an agreement between the County and the U.S. Army Corps
of Engineers.
Mr.
Matthews reviewed some of the purposes of the PML designation.
Mr. Matthews stated that after the
Board of County Commissioners transmitted this amendment to the Department of
Community Affairs, no comments, recommendations or objections were
received. He added that staff recommends
approval.
No one spoke in support or in
opposition.
Motion by Commissioner Carey,
seconded by Commissioner Henley, to adopt Ordinance 2010-24, as shown on page
_______, approving an Administrative Large Scale Future Land Use Map Amendment
from Planned Development (PD), Public, Quasi-Public (PQP), Rural-10 (R10),
Rural-5 (R5), Recreation (REC), and Suburban Estates (SE) to
Preservation/Managed Lands (PML) on 11,019 acres located Countywide, based on
staff findings, as described in proof of publication, Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
TEXT AMENDMENTS TO THE
SEMINOLE
COUNTY COMPREHENSIVE PLAN
Proof of
publication, as shown on page ________, calling for a public hearing to
consider adopting the requested text amendments to the Seminole County
Comprehensive Plan, received and filed.
Sheryl
Stolzenberg, Planning and Development Division, addressed the Board to request
adoption of text amendments to nine elements of the County’s Comprehensive
Plan. Ms. Stolzenberg advised that most
of the changes will affect the Future Land Use and Transportation
Elements. She further explained that the
majority of the amendments address either requirements for House Bill 697 or
the creation and funding of a mobility strategy.
Ms. Stolzenberg stated that the
Board of County Commissioners transmitted this amendment to the Department of
Community Affairs. Ms. Stolzenberg
explained that since the Ordinance included in the agenda package was prepared
prior to receipt of DCA’s Objections, Recommendations and Comments Report
(which was received on October 22), material which includes some changes that
were made to two exhibits of the Capital Improvements Elements text and
clarification of some of the terms, was provided to the Commissioners and Clerk
of the Court on October 25 and should be adopted as a part of the
Ordinance.
No one spoke in support or in
opposition.
Motion by
Commissioner McLean, seconded by Commissioner Henley, to adopt Ordinance
2010-25, as shown on page _______, approving the text amendments to the
Seminole County Comprehensive Plan, as described in the proof of publication,
including changes made to exhibits, Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
SMALL SCALE FLU MAP AMENDMENT/Island
&
Village Of
Geneva Rural Heritage Center, Inc.
Proof of publication, as shown on
page ________, calling for a public hearing to consider adopting the requested
Small Scale Land Use Amendment from PUB (Public, Quasi-Public) to REC
(Recreation); a Rezone from A-1 (Agriculture) to PUD (Planned Unit
Development); the Preliminary Master Plan; and the Development Order, for 0.63
acres located on the southeast corner of E. Main Street and First Street,
approximately ½ mile east of W. SR 46, Village of Geneva Rural Heritage Center,
Inc., received and filed.
Joy Williams, Planning and
Development Division, addressed the Board to state that the applicant, Village
of Geneva Rural Heritage Center, is requesting a Small Scale Land Use Amendment
and Rezone in order to transfer the operation of the historic 1924 Geneva
Schoolhouse from public ownership by the Seminole County School Board to a
non-profit private ownership by the Geneva Rural Heritage Center.
Ms. Williams explained that the
changes in the FLU designation and zoning classification are intended to
prevent any inconsistency with the Comprehensive Plan and no changes are
proposed to the current use of the property.
She further explained that the requested PUD zoning will limit
development on the site to the current use, having minimal impact on
surrounding properties.
Ms. Williams advised that the
Planning and Zoning Commission Board unanimously recommended approval and that
staff is recommending approval.
Christopher Stapleton, Rural
Heritage Center, addressed the Board to introduce Valerie Thomas explaining
that Ms. Thomas is the new executive director who will be spearheading the
future development and activities of the center.
Valerie Thomas, Rural Heritage
Center, addressed the Board to state that she appreciated staff's support on
this matter. Ms. Thomas stated that she
is very excited about all of the recreational uses planned for this building
and reviewed some of the educational opportunities that will occur in the
future.
Ms. Thomas distributed the Living
Our Rural Heritage booklet, received and filed.
Ms. Thomas asked for the Board's
endorsement in Rural Heritage Center's pursuit of grants and reviewed a
mini-grant they are currently seeking through Florida Humanities Council. She discussed a collection of the oral
histories of the alumni that have walked through the halls of the schoolhouse
for the past 84 years.
Imogene Yarborough, 186 First
Street, addressed the Board to briefly review the history of the
schoolhouse. Ms. Yarborough stated she
is in favor of this item.
Richard T. Creedon, 1172 Apache
Drive, addressed the Board to thank the Commission for listening to the
citizens and reducing the millage tax rate in difficult economic times.
Mr. Creedon stated that today, a
very happy day for the citizens of the rural communities of Black Hammock,
Chuluota and Geneva, could not have happened without the strong support of the
Commission, County staff and the School Board.
He added that everyone has worked hard to ensure that this project is
completely in accordance with Recreational Land Use.
No one else spoke in support or in
opposition.
Speaker Request Forms were received
and filed.
Motion by Commissioner McLean, seconded
by Commissioner Carey, to adopt Ordinance 2010-26, as shown on page _______,
approving Small Scale Land Use Amendment from PUB (Public, Quasi-Public) to REC
(Recreation); and adopt Ordinance 2010-27, as shown on page _______, rezoning
from A-1 (Agriculture) to PUD (Planned Unit Development); and approve the
Preliminary Master Plan and the Development Order, as shown on page _______,
for 0.63 acres located on the southeast corner of E. Main Street and First
Street, approximately ½ mile east of W. SR 46, as described in the proof of
publication, Village of Geneva Rural Heritage Center, Inc., based on staff
findings.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Chairman Dallari suggested that the
Board, if there are no objections, provide letters of support for some of the
grants that the Rural Heritage Center is trying to obtain. No
objections were voiced.
CAPITAL IMPROVEMENTS &
POTABLE
WATER ELEMENTS/Seminole
County
Proof of publication, as shown on
page ________, calling for a public hearing to consider amending the Capital
Improvements Element and the Potable Water Element of the Seminole County
Comprehensive Plan, Seminole County, received and filed.
Dick
Boyer, Planning and Development Division, addressed the Board to state this is
the annual update of the Capital Improvements Element (CIE) of the County’s
Comprehensive Plan.
Mr. Boyer explained that since the
proposed CIE adoption Ordinance included in today’s agenda package was prepared
prior to receipt of the Objections, Recommendations and Comments Report from
the Department of Community Affairs (which was received on October 22), some
additions and revisions that needed to be made were provided to the
Commissioners and Clerk of the Court on October 25 and should be adopted as a
part of the Ordinance.
No one spoke in support or in
opposition.
Motion by
Commissioner Carey, seconded by Commissioner McLean, to adopt Ordinance
2010-28, as shown on page _______, amending the Capital Improvements Element
and Potable Water Element of the Seminole County Comprehensive Plan, as
described in the proof of publication, Seminole County, including changes made
to exhibits.
Districts
1, 2, 3, 4 and 5 voted AYE.
WEKIVA ISLAND SMALL SCALE
FLU MAP AMENDMENT/
Wekiva Green Camp, LLC
Proof of
publication, as shown on page ________, calling for a public hearing to
consider adopting the requested Small Scale Future Land Use Amendment from LDR
(Low Density Residential) and Suburban Estates (SE) to Recreation (REC) for 5.5
acres, located at the northern terminus of Miami Springs Road, Wekiva Green
Camp, LLC, received and filed.
Kathy Hammel, Planning and
Development Division, addressed the Board to review the history of the
property. Ms. Hammel stated that for
many years the property (formerly known as the Wekiva Marina) included boat
slips, canoe rentals and a full service restaurant and bar.
Ms. Hammel explained that under the
policies of the Comprehensive Plan relating to the Protection Area, and Section
30.1348 of the Seminole County Land Development Code, the legal non-conforming
status of the restaurant portion of Wekiva Marina ceased to exist after the
restaurant was destroyed in a fire and not re-built. A bait and tackle shop featuring canoe
rentals, boat slip rental, concession sales and incidental sales of beer and
wine remained in operation and retains its legal non-conforming status today
and is not subject to the protection required under the Wekiva River Protection
Act and County’s Wekiva policies.
Ms. Hammel explained that the legal
non-conforming uses could continue on the site without the assignment of the
Recreation Future Land Use designation and without the benefit of the
protection offered under the Wekiva regulations, but any new uses intended
under the Recreation Future Land Use must comply with the Wekiva River
Protection Act and the Environmental Design Standards.
Ms. Hammel discussed the Wekiva
River Protection Area stating that in accordance with a compliance agreement
between Seminole County and the Department of Community Affairs in 1999, the
County amended its Comprehensive Plan to include a new objective and policies
strengthening restrictions to protect this important state resource and
subsequently amended the Land Development Code in 2000 to support the
requirements of the Comprehensive Plan.
Ms. Hammel stated that the assignment of the Recreation Future Land Use
designation does not establish any future development entitlements beyond those
that would be permitted by the Wekiva River Protection Act and the County’s
Wekiva River Protection Act policies and regulations.
Ms. Hammel advised that the Planning
and Zoning Commission recommended approval and that staff recommends the Board
approve and adopt the request if the Board finds the Recreational Future Land
Use designation is consistent with the Wekiva River Protection Act and the
County’s Wekiva policies.
After verifying with the County
Attorney that only the land use amendment is being addressed today,
Commissioner Van Der Weide requested that the Chairman stay on target and
explained that the other side items that people want to talk about can be discussed
at a future Board meeting in January.
Chairman Dallari asked staff to
make very clear, so the average citizen can understand, the difference between
zoning and land use.
Nicole Guillet, Growth Management
Director, addressed the Board to state that a Future Land Use designation is a
broad category of potential activities that can occur on a site and that the
future land use map is intended to provide a long-term vision for how
development will occur in the County with broad and general categories. Ms. Guillet explained that zoning is the
regulatory part of land use planning, where it is decided what type of uses
specifically will be allowed on a property; how it will look, how it will be
operated.
Ms. Guillet stated there are two
parts of the process for regulating use of land; the general broad picture,
which is what we are talking about today on this project, and then the more
specific zoning aspect.
Chairman Dallari stated he wants
both the applicant and the people speaking either for or against this item to
speak to the land use issue and not the zoning issue.
Upon inquiry by Commissioner Carey
as to when the zoning piece of the project (since this is going to be a
two-step process) would be coming back to the Board, Ms. Guillet advised that
the zoning piece was continued by the Planning Commission at this month's
meeting and is scheduled to come back to that commission on December 1st and
will then come to this Board in January.
Attorney Damon Chase,
Chase/Freeman, addressed the Board to state that he represents the applicant,
Wekiva Island. Attorney Chase stated
that the owners of the property want to bring the property under a PUD so that
it could be controlled by the County. He
added that there is a great deal of restoration that the owners want to do with
regard to restoring wetlands on a historically disturbed property which is all
zoning.
Attorney Chase stated that since it
was a little bit too complex and cumbersome to keep the issues together, it was
decided to do the land use by itself, which is why they are here today, and
then come back later and deal with the zoning.
He stated that they have met with the neighbors and staff and have a
development order for the zoning process that everybody agrees with. They have made concessions and tried to work
out something regarding the noise, alcohol and traffic.
Chairman Dallari reminded Attorney
Chase that land use, and not zoning, is what is being discussed.
Attorney Chase stated that the
application was made to bring the property into compliance, as its current
future land use is non-compliant with the Wekiva River Protection Act
(WRPA). He advised that WRPA was created
for the protection of the Wekiva River basin and, in that, the County agreed that
the only appropriate zoning would be Recreation and Low Density
Residential. He stated that right now
the property is Low Density Residential and Suburban Estates and they want to
amend the future land use to come into compliance with the law by making it
Recreation.
Matt West, Ivey Planning Group,
addressed the Board to state that he is here today to talk about changing the
land use.
Mr. West presented a PowerPoint
Presentation, received and filed.
Mr. West stated the south part of
this property is Low Density Residential which allows up to four dwelling units
per acre and that the island part of the property allows Suburban Estates which
is one unit per acre.
In discussing the other land use
that is mentioned in the County’s Comprehensive Plan, Recreation, Mr. West
explained that some of the Future Land Use amendment criteria that will need to
be followed to determine if the request for Recreation is appropriate are the
State Comprehensive Plan (Chapter 187 F.S.), Chapter 163 of the Florida
Statutes, Chapter 9J-5 F.A.C., the East Central Florida Regional Planning
Council’s Strategic Regional Policy Plan, the Regional Growth Vision and the
Seminole County Comprehensive Plan.
Mr. West explained that the State
Comprehensive Plan policies include eliminating the discharge of untreated
wastewater and stormwater runoff into the waters of the state, protecting the
ecological functions and wetlands, reducing energy requirements and enhancing
energy efficiency and protecting private property rights. Mr. West stated that the owners, through a
cooperative process, are working with the surrounding homeowners to come up
with something that protects the environment and protects everyone’s property
rights.
Mr. West stated that another goal
in the State Comprehensive Plan is preserving natural resources. He stated that his clients are trying to
restore, maintain and bring back some of the things that people loved about the
property in the past.
Mr. West stated that one of things
that the State Plan wants you to focus on is economic assets, such as the environment. He advised that this property is only one of
four places that the public can access the Wekiva River. He further explained that one of the goals of
the State plan is to promote tourism and Mr. West feels this site has
eco-tourism written all over it and believes by designating it as Recreation
you will further the ability to maintain this as a recreational future land
use.
Mr. West explained that Chapter 163
of the Florida Statutes wants every community to justify the need for a
change. Mr. West advised that Seminole
County has about 2,500 acres that has the Recreation future land use. He added that by the year 2030, there will be
an additional 50,000 unincorporated residents, which means the County would
need an additional 500 acres of additional recreational land to support that
demand.
Mr. West presented Attachment A,
Future Land Use Map Amendment Application (received and filed), which states
that Sanlando Utilities has adequate water and sewer facilities to serve this
property.
Mr. West presented a Justification
Statement (received and filed) which contains an analysis of the Urban Sprawl
criteria. He further stated that the
owners are dedicated to making this as low impact a development as possible and
are trying to get grants for solar panels and charging stations for electric
vehicles.
Mr. West stated he believes due to
the soils, the high water table and the amount of floodplains on this site, it
is better suited for the Recreation use rather than a Residential land use.
Mr. West explained why he believes
they are in compliance with ECFRPC’s Strategic Regional Policy Plan. He reviewed other parts of the Strategic
Regional Policy Plan.
Regarding the Regional Growth
Vision, Mr. West stated his clients will protect the recreational areas.
Regarding the Seminole County
Comprehensive Plan, Mr. West stated his clients will preserve the rural
character by changing the land use to Recreation and plan on preserving amble
views of wooded areas and open spaces.
Mr. West reviewed the Plan Amendment
Standards for Review and Future Land Use Element Policies. Mr. West stated that Low Density Residential
is non-consistent and Recreation will be consistent. Mr. West stated Recreation is compatible and
the next step will be zoning where you further refine how to make that use
compatible.
Dr. Mike Dennis, Breedlove, Dennis
& Associates, addressed the Board and presented a PowerPoint presentation
(received and file) regarding the Comp Plan Amendment. Dr. Dennis discussed the Wekiva River Basin;
Wekiva River Aquatic Preserve; the Old Wekiva Marina; the Wekiva Marina in
1969, 1980 and 1995; and Special Wekiva River Regulation.
In summary, Dr. Dennis stated that
this site has a long established recreational use; there is no proposed wetland
impacts to the Wekiva OFW; there is no threatened or endangered species except
the American Alligator; it is consistent with the Wild and Scenic Rivers Act;
there is no proposed impact to undisturbed buffers and that it is consistent
with the suitability criteria of 9J-5, F.A.C.
Attorney Chase submitted a petition
(received and filed) with 351 signatures in support of the land use
amendment. Attorney Chase asked that the
individuals in the audience that were in support of the land use amendment show
their support rather than having each of them come forward and speak. He also requested that the comments that were
made at the Planning and Zoning meeting be adopted and incorporated by
reference for the Board’s consideration today.
Chairman Dallari submitted into the
record a letter (received and filed) from Deborah Schafer from the Chuluota
Community Association, Inc.
Faith Jones, Seminole Audubon
Society, addressed the Board to state that they have a history of involvement
with the County and with the Wekiva River Protection Area, that they were
parties to the negotiations that led to the Wekiva Global Compliance Agreement
in 1999 and also to the subsequent development of the Comprehensive Plan
policies designed to better define rural character and fulfill that agreement. Ms. Jones stated she does not believe that
this proposal complies with a number of the County Comp Plan policies, nor does
it fit the current Recreational definition.
Ms. Jones advised that according to
the Comp Plan, the purpose and intent of the Recreational Future Land Use
category is to identify locations for countywide public or private recreational
facilities, park lands, and open space preservation areas; commercial uses are
not mentioned. She advised that they do
understand there are special grandfathered rights for non-conforming uses on
this property that include the canoe rental, bait and tackle shop and
convenience store with the package sale of beer but she does not believe that
some of the current and planned activities fit the Recreational Land Use
definition and believes that they would be more appropriately classified under
the Commercial Land Use category.
Ms. Jones discussed Future Land Use
Policy 12.8b5, which prohibits further commercial development on this property
beyond what was in existence in 1999, and Future Land Use Policy 12.3. Ms. Jones suggested creating a new FLU
category for the properties that have grandfathered non-conforming uses rather
than trying to use the Recreation Land Use category. She explained why she does not believe the
proposed land use change complies with the Wekiva River Protection Act.
Ms. Jones stated that her
organization wants to see people connect with the river and to learn about the
eco-system but done in a way that they are not damaged. She added that land use decisions must be
based on the regulations and policies set forth in the Comp Plan. Ms. Jones urged the Board to deny this land
use amendment. She suggested that if the
Board does not deny the land use amendment, they at least put it on hold until
policies can first be established that better define the Recreational Land Use
category or create a new category.
Bob Loomis, 5722 Baptist Camp Road,
addressed the Board to state that he has lived on the river for 20 years and
believes that the use being asked for today has always been there. Mr. Loomis stated that the Weinaugs have been
good stewards of the river. Mr. Loomis
stated that he supports this Recreational change.
Jeffrey Gindi, 550 Lake Markham
Road, addressed the Board to state that the people who are the stewards, the
private property owners, Bill and Mary Weinaug, deserve the greatest latitude
that the Board can give them to be the stewards of the property.
Michael Barr, 1003 Leeds Court,
addressed the Board to discuss the Wekiva River cleanup that he participates in
and the resources that the Weinaugs have provided.
Debra Sparkman, 4414 Rock Springs,
addressed the Board to state she supports the land use amendment.
Joe Cifrian, 2122 Bluff Oak Street,
addressed the Board to state he supports the land use amendment.
Judy Cifrian, 8700 Maitland Summit
Boulevard, addressed the Board to state she supports the land use amendment.
Tom Dyll, 340 West Wekiva Trail,
addressed the Board to state he supports the land use amendment. Mr. Dyll discussed his use of the facility.
David Fontes, 981 Bearded Oaks
Terrace, addressed the Board to express concerns with the proposed change to
Recreation. Mr. Fontes stated that he
believes it is the outdoor bar that brings a majority of the patrons to the
facility and requested the Board to not allow this facility to continue as is
or to expand under the guise of Recreational.
Erwin Wunderlich, 3724 Watercrest
Drive, addressed the Board to discuss the separation of the land use piece and
the zoning piece stating that he believes it is an end run on next week’s
Amendment 4 vote. Mr. Wunderlich
requested the matter be tabled until the full plan can be presented. He also expressed objection to expanded
alcohol use. Mr. Wunderlich stated that
in a survey of over 70 homeowners in Sweetwater Springs, 86% were opposed to
expanded land use at the island.
Mr. Wunderlich reviewed a graph
(received and filed) depicting the appraised values of the properties
involved. Mr. Wunderlich stated those
being taxed want due representation.
Steve Phelan, Friends of the Wekiva
River, addressed the Board to read a statement written by Dr. Exum expressing
the concerns of the Friends of the Wekiva River regarding the proposed
expansion of Wekiva Island.
Marjorie Holt, Sierra Club of
Central Florida, addressed the Board to voice objection to this land use
amendment. Ms. Holt stated that she
believes if this future land use is approved, Seminole County has ignored a
very important compliance agreement codified under FLU 12.8. She acknowledged all of the green intentions
of the plan but believes that being green is much more than choosing the lime
green color that is on the front of a Bud Light beer bottle.
Bill Daniel, 2075 Palm Avenue,
addressed the Board to present a letter (received and filed) to the
Commissioners pertaining to activity on the Wekiva River. Mr. Daniel voiced concerns that the boat ramp
and the use of the waterway is being lumped together with all of the things
that he believes people should not be doing and requested the two issues be
separated.
Dori Carlson-Sutter, 234 Morton
Lane, addressed the Board to state that she can see both sides of the
issue. Ms. Carlson-Sutter discussed the
crowding of recreational facilities. She
stated this issue is not just about Seminole County, but affects the ecology
and watersheds of the State.
Attorney Alison Yurko, Thomas
Callan, P.A., addressed the Board to state that she represents the Sweetwater
Springs Homeowners Association, the subdivision immediately adjacent to this
project.
Attorney Yurko presented a summary
booklet (received and filed). She stated
that she has met with the Weinaugs four times and believes they are close to
resolving the four key issues most significant to the subdivision; the hours of
operation, the noise and the sound, capacity and light.
Chairman Dallari requested that
Attorney Yurko stick to land use only.
Attorney Yurko stated that that
information is in the booklet at Tab 2.
Chairman Dallari again requested
that Attorney Yurko stick to land use.
Attorney Yurko stated that the
information is in the way of background and does relate to the land use issues
in her opinion and she has tied everything together. Attorney Yurko stated that the HOA Board has
taken the pragmatic approach of trying to figure out what is most important in
terms of making this compatible and directed the Board to an e-mail in Tab 2
which lays out the agreement concerning key points.
Attorney Yurko discussed the Comp
Plan Policies (Tab 1) FLU 3.1 and FLU 1.
Attorney Yurko stated in the absence of a Rezoning and Development
Order, no test can be met in terms of compatibility.
Attorney Yurko discussed FLU
12-12.3 and FLU 12.8(5) and stated that staff, in their report, determined that
the existing use does exceed the allowable commercial development which hones
in on the importance of coming back with a D.O. with restrictions.
Chairman Dallari again requested
that Attorney Yurko talk about the Recreational Land Use.
Attorney Yurko discussed FLU 145,
Recreation, and FLU 103. Attorney Yurko
directed the Board to an Environmental Report (Tab 3) and stated that the
report will be reviewed for consistency at all levels of approval. She directed the Board to the Owner’s Traffic
Study and stated that the proposed amendment will create a trip generation
increase of 648 daily trips.
Commissioner Van Der Weide stated
that he believes it was made crystal clear to everyone that land use is the
only thing being talked about here today.
Attorney Yurko stated she was
wrapping up. Attorney Yurko requested
that if the Board was inclined to approve the land use amendment today, that
the motion to approve be in accordance with the findings and recommendations of
the staff report.
Attorney Yurko requested that the
Board, as a second piece, have a motion to direct staff to bring the matter to
the Code Enforcement Board to address remedial action (given the determination
that the legal non-conforming status of the restaurant and bar portions ceased
to exist) if a Development Order and associated rezoning are not brought back
to the P&Z Commission as of December 2010 and the BCC as of January 2011.
Gregg Kirn, 4203 Vixen Court,
addressed the Board to state that there might be an issue with the separation
of the land use classification and subsequent actions.
Linda Miller, 558 Twisting Pine
Court, addressed the Board to state that she goes to Wekiva Island frequently
to enjoy the environment and has never purchased alcohol.
Quentin Beitel, 4 Quail Run,
addressed the Board to state that this land use amendment being discussed today
is a poster child for the November 2nd vote on Amendment 4. Mr. Beitel stated he was opposed to the
change in the land use.
No one else spoke in support or in
opposition.
Speaker Request Forms and Written
Comment Forms were received and filed.
Letters in support and in
opposition to the request were received and filed.
Attorney Chase stated that his
clients are following the County’s recommendation to change the land use and
then do the zoning. They are doing this
voluntarily with the specific intent of reducing their impact on the
river. Attorney Chase said the owners
want a PUD, which is an order from the County that says what you can do and
what the limitations are. He stated with
their legal non-confirming use, they could go on doing what they are currently
doing indefinitely but are coming to the County trying to restrict the use on
their own property so generations to come will be able to enjoy the Weinaugs’
vision. Attorney Chase requested the
Board to approve the land use amendment.
Chairman Dallari recessed the
meeting at 3:25 p.m., reconvening it at 3:30 p.m.
Chairman Dallari asked staff to
address the non-conforming use issue.
Ms. Guillet discussed alcohol
beverage sales on site and how it relates to Recreation. She stated that the ongoing activity of the
incidental sale of alcohol is associated with the legal non-conforming uses
that exist on the site and not a function of Recreation. Ms. Guillet explained that the proposed
Recreation Land Use designation is not intended to accommodate the sale of
alcohol, which is already a legal non-conforming use on the site, and will
exist whether the land use remains Residential or changes to Recreation.
Ms. Guillet discussed the loss of
the legal non-conforming status for the restaurant and bar. She stated that there are other
non-conforming uses of a commercial nature that exist on the site (bait shop,
incidental sale of alcohol, some other retail and commercial type uses) and the
actual extent of those uses has not been determined and are part of a debate
with the applicant.
Ms. Guillet advised that this
exercise is to put together a list of uses that both the County and the
property owner recognize and understand.
That specific list of uses and performance standards will come with
zoning which will be heard later; however, the basis for that is this change in
designation to Recreation.
Upon inquiry by Commissioner Van
Der Weide, Mr. McMillan stated that the Board does not issue any alcohol
beverage licenses.
Motion by
Commissioner Van Der Weide, seconded by Commissioner McLean, to approve and
enact Ordinance 2010-29, as shown on page _______, for the Small Scale Future
Land Use Amendment from LDR (Low Density Residential) and Suburban Estates (SE)
to Recreation (REC) for 5.5 acres, located at the northern terminus of Miami
Springs Road, based upon the findings that it protects natural resources and is
consistent with the Wekiva River Protection Act, as described in the proof of
publication, Wekiva Green Camp, LLC.
Under discussion, Commissioner
Carey stated that it is not uncommon to have a land use request without a
zoning piece. Commissioner Carey advised
that a lot of things have changed; and if Sweetwater Oaks and some of the other
subdivisions out there were being developed today, under the Wekiva Protection
Act it would not be possible since you have to have one unit per acre.
Commissioner Carey stated that
while the restaurant use is no longer there, all of the other uses have
continued which gives them some legal non-conforming use standing. The next piece that comes back will be the
zoning which will say exactly what will operate there and how it will
work.
Commissioner Carey stated if the
Board does nothing, this will end up as a Code Enforcement situation. She added if the owners don’t come back for
the zoning, as has been indicated, they will be out of compliance with the code
issues. Commissioner Carey advised that
there are a lot of issues that need to be resolved.
Under discussion, Commissioner
Henley agreed with Commissioner Carey’s comments. Commissioner Henley stated that the Board has
been concerned about the Wekiva River for a long time and has authorized
purchases along the river to prevent development and additional deterioration
along the river.
Commissioner Henley stated that
from the comments made today, it seems that everybody wants the same thing and
he believes that is what the Weinaugs are trying to accomplish. He encouraged people to continue to work
together because it is important to keep public access to the river.
Upon inquiry by Chairman Dallari, Attorney
Chase stated that the applicant will bring back a PUD when the matter comes
back for zoning. Chairman Dallari stated
that a PUD will contain details of what the property owner can and cannot do.
Districts 1, 2, 3, 4 and 5 voted
AYE.
------
Chairman
Dallari recessed the meeting at 3:40 p.m., reconvening it at 3:47 p.m.
CHAIRMAN’S
REPORT
Chairman
Dallari distributed a copy (not received and filed) of the Allstate Employees’
Acceptance Voluntary Insurance Program for the Board’s review to be sure there
were no objections before he signed it. No objections were voiced.
-------
Chairman Dallari advised the Board
that he had met with the Purchasing Department regarding preferential treatment
for the regional approach and distributed a letter (not received and filed)
that he would like to send to the surrounding counties. Commissioner Carey requested the matter be
continued until the next meeting to give the Commissioners an opportunity to
review the letter.
-------
Chairman Dallari advised that he
met with Mr. Goff, the chairman of the Leisure Services Advisory Committee, to
talk about goals and objectives.
Chairman Dallari stated that Mr. Goff suggested having a joint work
session with the Board. Chairman Dallari
asked the Board to schedule either a December or January work session with two
members of each one of the subcommittees.
Commissioner Carey suggested
scheduling the work session during the lunch hour of a Board meeting. Chairman Dallari stated this can be handled
several different ways and he suggested January if there were no
objections. No objections were voiced.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Memorandum dated August 30, 2010, from Ray
Valdes, Seminole County Tax Collector, to Chairman Dallari and the Board of
County Commissioners re: Authorizing the Tax Collector to begin collection of
the 2010 tax roll prior to the completion of the Value Adjustment Board
hearings. (cc: County Manager)
2. Letter
dated October 6, 2010, from Congressman Mica to Chairman Dallari re: Invitation
to the grand opening and dedication of the new Sanford Amtrak Auto Train
Passenger Terminal on October 18, 2010 at 10:00 a.m. (cc: BCC, County Manager,
Growth Management)
3. Letter
dated October 8, 2010, from Congressman Mica to Chairman Dallari re:
Appreciation for agreeing to host the Interstate Highway Safety meeting.
4. Letter
dated October 12, 2010, from Gary Causey, U.S. Department of Housing and Urban
Development, to Chairman Dallari re: FY 2010 Action Plan and 5-Year
Consolidated Plan Grant Approvals. (cc: BCC, County Manager, Community
Assistance)
5. Copy
of letter (w/attachment) dated October 12, from Chairman Dallari to Ray
Eubanks, Florida Department of Community Affairs (DCA) re: Transmittal of
Adopted Small Scale Future Land Map Amendment to the Seminole County
Comprehensive Plan.
6. Letter
(w/attachment) received October 14, 2010, from David Bernhart, U.S. Department
of Commerce National Oceanic and Atmospheric Administration, to Chairman
Dallari re: Proposal to list two distinct populations segments (DPS) of
Atlantic Sturgeon in the Southeast Region as endangered under the Endangered
Species Act (ESA). (cc: BCC, County Manager)
7. Letter
dated October 14, 2010, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Dallari re: Road Runner Lightning internet service now available in
all areas serviced by Bright House Networks.
8. Notice
to abutting property owners from Dana Adams, City of Lake Mary, dated October
14, 2010, re: Zoning approval given to conduct a home occupation for a business
to include custom construction in a dwelling unit located at 116 S. Palmetto
Street, Lake Mary, Florida. (cc: BCC,
County Manager, Growth Management)
9. Letter
(w/attachment) dated October 15, 2010, from Mary Jane Yon, Florida Department
of Environmental Protection (DEP), to Seminole County BCC re: Notification of
potential environmental risks to the groundwater and/or soil at Circle K 8715,
1064 N Hwy 17-92, Longwood, Florida, Program ID: 598841312. (cc: BCC, County
Manager, Environmental Services)
10. Letter (w/attachment) dated October 18, 2010,
from Phil Laurien, East Central Florida Regional Planning Council, to Joe
Forte, Acting County Manager, re: East Central Florida Regional Planning
Council 2010-2011 Annual Assessment (Dues).
(cc: Commissioner Carlton Henley, Commissioner Dick Van Der Weide)
11. Resolution received October 21, 2010, from
City of Winter Springs re: Support of City of Oviedo’s requested changes to the
Seminole County Delegation of Authority for the creation of the Oviedo
Community Redevelopment Agency (CRA); and providing for an effective date. (cc:
BCC, County Manager, Growth Management)
12. Memorandum dated October 25, 2010, from Jeff
Hopper, Seminole County Growth Management Department, to Board of County
Commissioners re: Correction regarding the BCC vote on transmitting the Future
Land Use Amendment to the State on July 27, 2010.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Henley advised that the Secretary of Transportation awarded another $800
million for rail in Florida with another $8 million coming.
-------
Commissioner
Henley advised that the negotiations with the new LYNX CEO, John Lewis, will be
completed soon and he is expected to be on board by December 1. Commissioner Henley advised that he will make
sure that Mr. Lewis meets with each Commissioner.
-------
Commissioner Carey discussed the
October 18 Grand Opening for the new Amtrak station which she attended.
-------
Commissioner Carey discussed the
opening of the Business Resource Showcase held at Seminole State College which
she attended.
-------
Commissioner Carey requested Board
consensus to bring a Resolution, pertaining to septic tanks (Senate Bill 550),
back to the November 9th meeting. The
Board consented to same.
-------
Commissioner
Carey advised that the Rescue Outreach Mission Servant’s of the People luncheon
will be held tomorrow at the Lake Mary Marriott, and the Central Florida Zoo’s
annual Black Tie on the Wild Side will be held on November 6.
-------
Commissioner
Henley recommended Celery Soup’s production of “Touch and Go” which delves into
the history of Sanford. He added that
Commissioner McLean was this year’s Celery City’s King.
-------
Upon
inquiry by Chairman Dallari regarding the status of the sign ordinance, Ms.
Guillet advised it would be coming before the Board in the near future.
-------
Upon
inquiry by Chairman Dallari regarding the status of the proposal by the Friends
of the Library and Leisure Service regarding sponsorships, Mr. Forte explained
that the County is requesting a clause in the agreement to allow the County to
audit the records of the Friends of the Library, and the Friends of the Library
are not in agreement. Mr. Forte stated
that it is standard language that the County Attorney’s Office would like to
see in the contract. Since the Friends
of the Library are not comfortable with the request, the matter is in a holding
pattern.
Upon
inquiry by Chairman Dallari regarding a sponsorship program, Bryan Nipe,
Greenways and Natural Lands Manager, addressed the Board to state the current
Leisure Services Sponsorship program is specific to Parks and Recreation. Mr. Nipe suggested bringing an item back to
the Board pertaining to expanding the Leisure Services Sponsorship program to
the Library Services Division.
Mr. Forte advised that the Friends
of the Library currently have an item on the November 9 agenda and he will work
with Mr. Nipe to present something to the Board at the next meeting.
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:00 p.m., this same date.
ATTEST:_______________________Clerk_____________________Chairman
cc/js