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.
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.
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.
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 _______.
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.
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.
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.
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.
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.
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 _______.
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:
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:
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.
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.
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 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.