BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
November 19, 2013
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, November 19, 2013,
in Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice
Chairman John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
Clerk
of Circuit Court Maryanne Morse (late)
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Deputy
Clerk Erin Leben
Pastor John Pierce, New Tribes Mission, Sanford, gave the
Invocation.
Commissioner Henley led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The Business Spotlight video for
Mitsubishi Power Systems America was presented.
REORGANIZATION
OF THE BOARD
The gavel
was surrendered to County Attorney, Bryant Applegate, to act as temporary
Chairman to the BCC. He opened the floor
for nominations for the Chairman of the BCC.
Commissioner
Carey nominated Commissioner Dallari for Chairman of the BCC for 2013/2014.
Commissioner Henley closed the
nominations for Chairman of the BCC for 2013/2014.
Districts
1, 2, 3, 4 and 5 voted AYE to elect Commissioner Dallari as Chairman of the
Board of County Commissioners for 2013/2014.
Mr. Applegate
advised that Commissioner Dallari has unanimously been elected Chairman of the
BCC for 2013/2014. He passed the gavel
to Commissioner Dallari who assumed the position of Chairman.
Chairman Dallari
opened the floor for nominations for Vice Chairman of the BCC for 2013/2014.
Commissioner
Henley nominated Commissioner Carey for Vice Chairman of the BCC for 2013/2014.
The nominations
for Vice Chairman of the BCC for 2013/2014 were closed.
Districts
1, 2, 3, 4 and 5 voted AYE to elect Commissioner Carey as Vice Chairman of the
Board of County Commissioners for 2013/2014.
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Maryanne
Morse, Clerk of Circuit Court, entered the meeting at this time.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Horan,
seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-248, as
shown on page _________, recognizing Bill Poe for his 32 years of dedication
and positive impact to Seminole Work Opportunity Program (SWOP) and the
citizens of Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Mr. Poe, who addressed the Board to express his
appreciation and stated he feels that this County is sensitive to the needs of
the handicapped citizens and it falls upon everyone to remove the barriers that
will not allow the handicapped to participate in the community.
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Motion by Commissioner Henley,
seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-249, as
shown on page _________, recognizing Greg Hardwick for his tremendous
leadership shown as the 2012-2013 President of the Home Builders Association
(HBA) of Metro Orlando.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Resolution was presented to Adrianna Sekula, Associate Director of Governmental
Affairs, HBA of Metro Orlando, who addressed the Board to express her
appreciation on behalf of Greg Hardwick.
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Motion by Commissioner Carey,
seconded by Commissioner Horan to adopt a Proclamation, as shown on page
_________, proclaiming the month of November as “National American Indian
Heritage Month” in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Proclamation was presented to Jan Lebin, American Indian Committee Chairman;
Sandy Hux; Lorraine Buhrmann; and Carol Lynn Bevc, who addressed the Board to
express their appreciation.
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Motion by Commissioner Constantine,
seconded by Commissioner Carey to adopt a Proclamation, as shown on page
________, proclaiming the month of November 2013 as “Pancreatic Cancer
Awareness Month” in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Proclamation was presented to Marian Palma Cardona, who addressed the Board to
express her appreciation for Seminole County continuing to support their
awareness campaign. She invited everyone
to participate in the “Purple with a Purpose” Day on November 22, 2013, and
invited everyone to attend their annual major fundraiser and the Purple Stride 5K
walk/run at Lake Baldwin on November 23, 2013.
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Chairman
Dallari presented, on behalf of the Tri-County League of Cities, their first annual
distinguished service award to Commissioner Carey for her years of service to
the community and Seminole County.
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Bill
Wharton, Planning & Development, addressed the Board to state he is Seminole
County’s Project Manager for the Oxford Road Redevelopment Plan. He introduced Curtis Ostrodka, VHB Miller
Sellen Project Manager.
Curtis Ostrodka,
VHB Miller Sellen, addressed the Board to give an update on the Oxford Road
Study. A PowerPoint Presentation of the
Oxford Road Area Long Range Redevelopment Plan was received and filed. He displayed an aerial map and stated the
impetus for the Oxford Road project was the 17-92 Flyover. He stated the County asked his firm to take a
look at Oxford Road as a potential main street in response to the changing
nature of the 17-92 Flyover. He said his
firm has been in coordination with Metro Orlando, the City of Casselberry and
Seminole County as they started their long-range redevelopment master planning. They have engaged Randy Morris to help them
solicit feedback from a focus group of local business owners, representatives
from the Chamber of Commerce and local developers.
At the
request of Chairman Dallari, Mr. Ostrodka indicated on the aerial map the
limits of the grade separation of the flyover, properties that will be impacted
by a grade separation and different turning movements, and different ways of
accessing the surrounding area in response to the proposed flyover.
Robert
Gibbs, Gibbs Planning Group, addressed the Board to state his firm was asked to
give an estimate of the amounts and types of retail that will be supportable on
Oxford Road today, for the next five years and with a long-range forecast for
the next 20 years. He reviewed the
Retail Market Analysis and stated he estimates that Oxford Road can support by
2017 about 15 to 20 new businesses, totaling about 45,000 square feet of retail
and generating about $14.4 million in additional sales. That breaks down to about 12,000 square feet
of restaurants, 6,000 square feet of clothing and apparel, and 11,000 square
feet of discount, electronic, specialty food stores and a small public
market. He stated the largest
supportable category would be restaurants and he feels that the businesses
would service the local neighborhood area for people living within a two- to
three-mile radius. He displayed an area
map and reviewed the primary and total trade areas as well as the demographic
comparisons and primary trade area worker expenditures. He concluded by reviewing an aerial map of
the Oxford Study area, the community shopping centers surrounding the study
area, the regional shopping centers surrounding the community and regional
area, and the Supportable Retail Table.
Upon
inquiry by Commissioner Horan, Mr. Gibbs advised his office has not studied in
detail the scope for hotels or office demand, but he feels there will be a
demand for a hotel or some type of hospitality unit. He stated his office can run some quick
numbers and provide that to the Board.
Upon
inquiry by Commissioner Constantine, Mr. Gibbs advised he believes the flyover
will probably limit the people living to the west from coming into this area;
but he feels it will focus the people living to the east to shop in this area
on a more regular basis.
Mr. Ostrodka displayed the
Conceptual Planning and reviewed Alternatives I and II and New Internal
Connectors to break up “super blocks.”
He displayed and reviewed the Oxford Road and Surrounding Traffic
Volumes, the 2-Lane Road Cross Section with angled parking and the 4-Lane Road
Cross Section with parallel parking.
Discussion ensued relating to the cross sections allowing restaurants to
have outdoor seating and parallel parking.
Mr. Ostrodka
stated the business community prefers a four-lane road but it may not be
appropriate as a main street. He stated
he feels they need to determine with staff as to what the recommendation will
be going forward. He explained to
Commissioner Horan the reason the business community prefers a four-lane road
is trips per day.
Randy
Morris addressed the Board to state the consultant will brief each Board member
individually as there are a lot more details for this project. The owners have not come up with a
destination concept to date. The issues
that they have come up with are mixed uses, population and retail. He added he believes the final report will
conclude sometime in January and they will be reaching out more to the business
community to see if they have any additional concepts.
Mr. Ostrodka
displayed an aerial map and stated the map shows the potential road alignment
impact of the two alternatives. He
reviewed the Draft Redevelopment Plan Illustration. He stated what they need to do is write up
their recommendations in terms of the next steps and come up with a policy
framework for the Comprehensive Plan and/or Land Development Code to support
the recommendations. Then they can
complete their study with staff and bring it back in January.
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Chairman
Dallari recessed the meeting at 10:21 a.m., and reconvened at 10:30 a.m.
PUBLIC
PARTICIPATION
John Maingot,
848 Maraval Court, addressed the Board to speak with regard to countywide
marketing services for Seminole County (Item #52, RFP-601690-13). He said he would like the County to have an
advertising and marketing agency that does not only develop and produce
programs according to the Tourism Development Council desires, but challenges
them with their own ideas and creativity.
He would like the agency to demonstrate a better and more effective
approach to the task at hand. He asked
the Board to give Evok Advertising an opportunity to show what they can
accomplish over the next year.
COUNTY
MANAGER’S CONSENT AGENDA
Jim
Hartmann, County Manager, informed the Board of the language change in Section
6 of Item #6, Kids House Expansion Memorandum of Understanding (MOU), added
fiscal year 2013/2014 and advised the award amount of the MOU is $284,487. He referred to the following Add-ons: #6A, Approve Contract for Sale and Purchase,
Ronald & Gloria Taylor; #27A, Grant from the Department of Emergency
Management State Homeland Security Grant Program; #40A, BAR in the amount of
$170,226; and #53A, Briefing on Bay County et al v. Dept. of Juvenile
Justice.
Commissioner
Carey requested that Items #24 and #41 be pulled
for a separate vote.
Commissioner
Constantine complimented Kids House for working with the County in obtaining a
reimbursement from the State.
Motion by Commissioner Constantine,
seconded by Commissioner Horan to authorize and approve the following:
County Manager’s
Office
Business Office
6. Approve and authorize the
Chairman to execute the Memorandum of Understanding, as shown on page ________,
for the Kids House Expansion in the amount of $284,487 as approved by the Board
of County Commissioners for FY 2013/2014.
6A. Approve and authorize the
Chairman to execute the Contract for Sale and Purchase of Land, as shown on
page ________, between Seminole County and Ronald O. and Gloria F. Taylor, as Trustees
for the R.O. Taylor Trust, for real property located at 3250 East Lake Mary
Blvd., Sanford, Parcel Identification Number 30-20-31-5AY-0000-0420. Due to unforeseen issues with the title
search, we were unable to close on this property before expiration of the
original contract; therefore a new contract must be executed.
7. Authorize staff to begin analysis
of a potential property exchange with New Tribes Mission, Inc. and to report
the results of that analysis back to the Board of County Commissioners (BCC) in
order for the BCC to determine, pursuant to Section 125.37, Florida Statutes,
if the potential property exchange would be in the best interest of the County.
Economic Development
Division
8. Approve and authorize the
Chairman to execute a Pledge Commitment, as shown on page ________, to the
Foundation for Seminole State College of Florida, Inc., in the amount of
$150,000, for services provided through the Seminole State College Small Business
Development Center located at the Port of Sanford, Foundation for Seminole
State College of Florida, Inc.
9. Adopt appropriate Resolution #2013-R-250,
as shown on page ________, approving the issuance of Industrial Development Revenue
Bonds, Earnest Products, Inc. and Southern Manufacturing Inc. in an aggregate
principal amount not to exceed $10,000,000.
Community
Services
Community
Development Division
10. Approve and authorize the
Chairman to execute the NSP 1 Neighborhood Stabilization Program Rental
Property Donation and Acceptance Agreement, as shown on page ________, between
Seminole County and Rescue Outreach Mission of Central Florida, Inc. and the
County Deed, as shown on page ________, for the NSP 1 rental property located
at 2105 Hartwell Avenue in Sanford, Florida.
11. Approve and accept the
Neighborhood Stabilization Program (NSP) Snapshot/Report and properties
acquired by Seminole County Government.
12. Approve and authorize the
Chairman to execute the Seminole County and The Specialized Treatment, Education,
and Prevention Services (STEPS), Inc. Subrecipient Agreement, as shown on page
________, Program Year 2013-2014 to provide outpatient substance abuse services
for low-income, low risk Seminole County probationers suffering from
prescription drug abuse for Program Year 2013-2014.
Development
Services
Building
Division
13. Determined that the unoccupied
building located at 2370 Greenway, Sanford, is a Public Nuisance and authorize
the Building Official to: (a) serve Notice of said determination, as shown on
page ________, pursuant to Sections 168.5 and 168.6 Seminole County Code; and
(b) set a date for a "Show-Cause" public hearing, as prescribed in Sections
168.5-168.7, Seminole County Code, based on the Building Official’s certified
findings.
14. Determined that the unoccupied
building located at 2271 Greenway, Sanford, is a Public Nuisance and authorize
the Building Official to: (a) serve Notice of said determination, as shown on
page ________, pursuant to Sections 168.5 and 168.6 Seminole County Code; and
(b) set a date for a "Show-Cause" public hearing, as prescribed in Sections
168.5-168.7, Seminole County Code, based on the Building Official’s certified
findings.
15. Determined that the unoccupied
building located at 3400 Lincoln Street, Sanford, is a public nuisance and
authorize the Building Official to: (a) serve Notice of said determination, as
shown on page _________, pursuant to Sections 168.5 and 168.6 Seminole County
Code; and (b) set a date for a "Show-Cause" public hearing, as prescribed
in Sections 168.5-168.7, Seminole County Code, based on the Building Official’s
certified findings.
16. Determined that the unoccupied
building located at 3450 E. SR 46, Sanford, is a Public Nuisance and authorize
the Building Official to: (a) serve Notice of said determination, as shown on
page ________, pursuant to Sections 168.5 and 168.6 Seminole County Code; and
(b) set a date for a "Show-Cause" public hearing, as prescribed in Sections
168.5-168.7, Seminole County Code, based on the Building Official’s certified
findings.
Planning &
Development Division
17. Adopt appropriate Resolution
#2013-R-251, as shown on page ________, vacating and abandoning that certain platted
buffer easement being more particularly described as the westerly 10 feet of
Lot 3, Lake Forest Village Shoppes, as recorded in Plat Book 52, pages 89
through 91 of the Public Records of Seminole County, Florida, and further
described as West SR 46 Integra Village, Robert McDaniel/Integra Village, LLC.
18. Approve the final plat for
Ellingsworth subdivision, containing 28 lots on 9.94 acres zoned R-1A (Single-
Family Dwelling); located on the west side of Old Lockwood Road, approximately
one-half mile north of E. McCulloch Road, Meritage Homes of Florida, Inc.
19. Authorize the release of a cash
bond for performance of water and sewer infrastructure in the amount of $55,000
for Brooks Cove, Meritage Homes.
20. Approve the 2014 Service Funding
Agreement, as shown on page ________, between Seminole County and Central
Florida Regional Transportation Authority (d/b/a LYNX).
21. Approve the final plat for
M&O Subdivision containing 2 commercial lots on 2.3 acres zoned PD (Planned
Development) for property located on the north side of S. Econ Circle,
approximately 400 feet south of the intersection of South Econ River Place and
South Econ Circle, Roger Owen.
Environmental
Services
Solid Waste
Management Division
22. Approve and authorize the
Chairman to execute a Certificate of Public Convenience and Necessity, as shown
on page _______, for Pronto Dumpsters, LLC, effective from November 19, 2013 through
September 30, 2014.
Leisure Services
Greenways &
Natural Lands Division
23. Approve and authorize the
Chairman to execute the Interlocal Agreement, as shown on page ________, with
the City of Sanford to fund the Marina Island Structural Revetment Project
through the Boating Improvement Program for Fiscal Year 2014.
25. Accepted the Seminole County
Parks, Recreation, Natural Lands and Trails Master Plan as a working plan
document for the County's parks, recreation, natural lands, and trails over the
course of the next ten to fifteen years.
Tourism
Development Division
26. Approve and authorize the
Chairman to execute an Agreement, as shown on page ________, with Elite Club
National League Inc. (ECNL) in the amount of $33,083.22 to host the 2013 ECNL
Winter Showcase on December 28-30, 2013.
Public Safety
Emergency
Management Division
27. Adopt revised Comprehensive Emergency
Management Plan (CEMP) Resolution #2013-R-266, as shown on page ________, and
Letter of Promulgation, as shown on page ________, as required by the
provisions of Rule 27P-6.0023(1), Florida Administrative Code.
27A. Approve and authorize the County
Manager to accept a Grant from the Florida Department of Emergency Management’s
State Homeland Security Grant Program, in an amount up to $200,000 pending
final review and approval by the County Attorney’s Office, that will be used to
fund an interoperable communications system that will synchronize communication
systems between the Seminole County School Board, Seminole State College,
Seminole County’s three hospitals, and the Seminole County Emergency Operations
Center.
Public Works
Engineering Division
28. Approve and authorize the
Chairman to execute an Interlocal Agreement, as shown on page ________, between
Seminole County and the City of Lake Mary relating to Jurisdictional Transfer
Roads as follows: Pine Bay Drive, Cypress Knee Lane, Palm Crest Lane and Emma
Oaks Trail.
29. Adopt and authorize the Chairman
to execute appropriate Resolution #2013-R-252, as shown on page ________, accepting
a Warranty Deed, as shown on page ________, conveying right-of-way from Centennial
Bank to Seminole County for property needed for additional right-of-way adjacent
to Longwood-Lake Mary Road.
30. Adopt and authorize the Chairman
to execute appropriate Resolution #2013-R-253, as shown on page ________, accepting
a list of roadways into the Seminole County Maintained Road System.
Watershed
Management Division
31. Approve and authorize the
Chairman to execute the annual Revenue Agreement, as shown on page ________,
between Seminole County and the University of Florida Board of Trustees for the
Florida Yards & Neighborhood (FYN) Program for FY 2013/2014.
Resource
Management
Business Office
32. Approve and authorize the
Chairman to execute a Federally Funded Subgrant Agreement, as shown on page
_________, with the State of Florida, Division of Emergency Management in
acceptance of $15,778 through the FY 2013 State Homeland Security Program to
assist with funding Emergency Management planning and training; and to execute
appropriate Resolution #2013-R-254, as shown on page _______, implementing
Budget Amendment Request (BAR) #14-007 through the Public Safety Grant Fund in
the amount of $15,778 to recognize grant funding and establish budget.
33. Approve and authorize the
Chairman to execute a Federally Funded Subgrant Agreement, as shown on page
________, with the State of Florida, Division of Emergency Management in
acceptance of $13,200 through the FY 2013 State Homeland Security Grant Program
to assist with the purchase of equipment and to provide training for Urban
Search and Rescue (USAR) Task Forces and Hazardous Materials (HazMat) Response
Teams; and to execute appropriate Resolution #2013-R-255, as shown on page
________, implementing Budget Amendment Request (BAR) #14-008 through the
Public Safety Grant Fund in the amount of $13,200 to recognize grant funding and
establish budget.
34. Approve and authorize the
Chairman to execute the Grant Award, as shown on page _______, in acceptance of
the terms and conditions for the Gopher Tortoise Habitat Management Grant in
the amount of $15,000 from the Florida Fish and Wildlife Conservation Commission;
and to execute appropriate Resolution #2013-R-256, as shown on page ________, implementing
Budget Amendment Request (BAR) #14-010 through the Natural Lands Endowment Fund
in the amount of $15,000 to recognize grant funds and establish budget.
35. Approve partnering with Seminole
Behavioral Healthcare to resubmit a Grant Application to the Florida Department
of Children and Families requesting $1,200,000 over a three year period through
the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant; to
designate the County Public Safety Coordinating Council as the planning council
for the grant; and authorize the County Manager to execute the application and
supporting documents as required.
Budget and
Fiscal Management Division
36. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-257, as shown on page
________, implementing Budget Amendment Request (BAR) #13-129, in the amount of
$1,346,570 for various Countywide projects which have been completed in FY
2012/13.
37. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-258, as shown on page
________, implementing Budget Amendment Request (BAR) #13-130 in the amount of
$227,565 through the General, Adult Drug Court, Community Development Block
Grant, HOME Program Grant, Community Services Grants, and Neighborhood Stabilization
Grant Funds in order to recognize personal service costs that have been
allocated to various Community Service Department grants from the General Fund.
38. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-259, as shown on page
________, implementing Budget Amendment Request (BAR) #14-005, in the amount of
$200,000 through the Natural Lands Trails Bond Fund. The BAR will increase the total
amount appropriated for the Black Bear Wilderness, Lake Harney Wilderness, and
Geneva Wilderness projects, and establish funding for Project Contingency.
39. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-260, as shown on page
________, implementing Budget Amendment Request (BAR) #14-011 in the amount of
$235,000 through the Solid Waste Fund for the Replacement of a Landfill Shuttle.
40. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-261, as shown on page
________, implementing Budget Amendment Request (BAR) #14-015 in the amount of
$2,589,000 through the Sewer Connection Fee, the Water & Sewer Bonds,
Series 2006 Funds and a transfer from the Water & Sewer Operating Fund to
the Water & Sewer (Capital) Operating Fund for the Apple Valley Water Main
Improvements and the Greenwood Lakes Power Easement Master Pump Station
projects.
40A. Approve and authorize
the Chairman to execute appropriate Resolution #2013-R-262, as shown on page
________, implementing Budget Amendment Request (BAR) #13-133 in the amount of
$170,226 through the Fire and Article V Technology Fee Funds in order to
provide additional funding from operations budgets for fleet maintenance and
telecommunication internal charges (Fire) and the purchase of a multifunction
printer (Article V Technology Fee).
Purchasing &
Contracts Division
42. Award CC-8805-13/AMM, as shown on
page ________, Contractor Services Agreement for HOME Program Reconstruction at
1260 Dunbar Ave., Sanford, Florida, in the amount of $118,999 to Black Street
Enterprises, LLC of Port Saint Lucie, FL; and authorize the Purchasing &
Contracts Division to execute the Agreement.
43. Award CC-8825-13/RTB, as shown on
page ________, Construction Services Agreement for Seminole County Natural
Lands Enhancements in the amount of $1,194,330 to Shoemaker Construction
Company, Inc. of Sanford, FL; and authorize the Purchasing & Contracts
Division to execute the Agreement.
44. Award RFP-8832-13/DRR, as shown
on page ________, Consultant Services Agreement for SunRail Station Area Study Plan
for East Altamonte Springs to Renaissance Planning Group Inc., of Orlando, FL;
and authorize the Purchasing & Contracts Division to execute the Agreement.
(Grant funded project in the amount of $134,584).
45. Award RFP-601797-13/GMG, as shown
on page ________, Term Contract for Socio-Economic Data Services, to Urban
Dynamics Corporation, Neptune Beach, and authorize the Purchasing and Contracts
Division to execute the Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to
approve and authorize the opening of a new Project Management
position for the full-time County project management responsibilities involved
with the design and construction of the proposed Sports Complex, Soldier's
Creek Renovation and 28-Acre Site Development projects, was presented.
Commissioner Carey stated her concern is if
they hire an individual versus an owner’s representative firm, which they have
done in the past for any major projects, that there is no depth, and these are
really not construction projects but mostly site work with very little building
involved. She said she would like to
have some discussion with the Board about an individual versus just going out
for an owner’s rep services firm.
Chairman Dallari stated he also would
rather hire an owner’s rep firm instead of an individual.
Commissioner Carey stated her biggest
concern is that an individual doesn’t have anyone to go to if there is an
issue.
Richard Durr, Greenways and Natural Lands
Manager, addressed the Board to state this individual could serve as the
owner’s rep. There is a question as to where
they are going with the 28-acre site. If
that project goes forward and if the Board decides to fund a study in the
future, staff could decide on what that individual’s role would be. This will also supplement getting that
individual involved to basically take this project over. The issue that he has with staff now is that those
with construction experience are at the management level and they have other
construction projects on their plates at the moment. This position will help supplement that as
well as giving that individual an opportunity to mainly focus on the County’s
projects as opposed to going to a firm that may have a hierarchy of other
projects going forward.
Commissioner Carey stated she feels that the market in the
construction field is presently doing well.
She said she has concerns that they will advertise the position for an
individual and they won’t really get a qualified person and that person will
not be able to manage in the best interest of the County.
Commissioner Horan declared that he doesn’t know what the RFP
looks like and he has some reservation of bringing one person on board and then
they are not the right person. He said
the County can inform a firm that that person is not working out and they can
ask for another individual.
Mr. Hartmann stated he thought that it might be expeditious to
have someone on staff to assist Mr. Durr.
He stated Mr. Durr comes with all the qualifications necessary to run a
project, but he is also running the Natural Lands Division. Mr. Hartmann stated he doesn’t believe it is
fair to expect him to run these projects as well as the division. The option of going to an outside firm will
cost the County more, but it would provide the other depth and they will have
that with the project execution team. If
they need something more than that, they can go with an RFP.
Commissioner Carey reiterated that she has some concerns with
hiring an individual. The Board took the
route of hiring owner’s reps on every major project in the County versus hiring
an individual because they didn’t know what they were going to get into and
what their expertise may be. She said
she feels the County would have more flexibility from their standpoint if it is
a firm versus an individual.
Chairman Dallari stated this is a large project and they will
need to have a decent size firm to handle all the topics.
Commissioner Constantine stated he feels that each time they
went with an outside firm it was because staff felt they needed the outside
resources to do the project. He stated
in this case, staff felt that they already have the expertise in-house but they
would need to supplement that expertise to carry the load. He said he feels inclined to accept staff’s
recommendation of hiring a temporary employee.
Commissioner Horan stated the one thing that he has experienced
and witnessed in large projects of this type is there tends to be a competitive
friction when a competing firm is involved as an owner’s rep. He said he would have to agree with
Commissioners Dallari and Carey since they are doing three projects.
Motion by Commissioner Carey,
seconded by Commissioner Horan to authorize staff to move
forward with an RFP with an owner’s rep firm for the design and construction of
the proposed Sports Complex, Soldier's Creek Renovation and 28-Acre Site
development projects; and to bring the RFP to the Board on December 10, 2013.
Under discussion, Ray Hooper, Purchasing & Contracts Manager,
addressed the Board to clarify that an owner’s rep is typically under the
Consultant Competitive Negotiation Act (CCNA) where they are driving toward an
engineering firm. That takes a lot of time
and will be very costly. He recommended
an alternative in which they can hire a firm for construction management
services, which can be an engineering firm, but it is non-CCNA. It can be done quickly and the County will
get more favorable rates.
Commissioner Carey amended her motion to move
forward with an RFP for construction management services. Commissioner Horan agreed to the amendment.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to
approve Amendment #2 to M-600514-08/TLR – Federal Legislative and
Governmental Liaison Services with Alcalde & Fay of Arlington, Virginia, in
the amount of $72,000 per year, was presented.
Commissioner Carey stated she feels that since
they are not really utilizing or building relationships with their State or
Federal lobbyists as they should, she would like to extend the contract for just
one year.
Chairman Dallari stated he represented the
County in Washington D.C. last week and that Alcalde and Fay did a phenomenal
job in opening the doors for Seminole County and they are well respected by
Orange County and Osceola County.
Commissioner Carey stated this has to do
with the fact that the County has not utilized their own involvement to the
level that they need to get any value out of spending the money. She said if the County is going to continue
acting the way they have been over the last couple of years, then she doesn’t
want to continue to pay lobbyists for just sending a report every month.
Commissioner Constantine stated he strongly
agrees with Commissioner Carey’s comments.
Mr. Applegate clarified that the amendment
is for one year and they have an option to extend it for two additional
one-year terms.
Upon inquiry by Commissioner Horan,
Commissioner Carey advised she wants to make sure that the amendment comes back
to the Board every year. She said the
Board can terminate the contract at any time.
Commissioner Horan stated he also agrees
that the contract should come back to the Board every year. He stated an assessment should be done with a
report from staff concerning their own performance with the lobbyist as well as
the lobbyist’s performance.
Nicole Guillet, Deputy County Manager,
addressed the Board to state this contract does come back to the Board every
year as a line item in the budget. She
stated when staff presents the budget to the Board next year, their intent is to
show an ROI (Return on Investment) on both of the lobbying contracts to demonstrate
what they have accomplished. The Board
can then decide whether or not it was worth the investment.
Motion
by Commissioner Carey, seconded by Commissioner Constantine to approve Amendment #2, as shown on page ________, to
M-600514-08/TLR – Federal Legislative and Governmental Liaison Services with
Alcalde & Fay of Arlington, Virginia, in the amount of $72,000 per year,
extending the contract for one year; and to authorize amendments to come
back to the Board every year.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Henley to authorize and approve
the following:
CLERK’S OFFICE
46. Approval of Expenditure Approval Lists, as shown on page ________,
dated October 7, 14 and 21, 2013; and Payroll Approval Lists, as shown on page
________, dated October 10 and 24, 2013; approval of the BCC Official Minutes
dated October 8 and 22, 2013; and noting, for information only, the following Clerk's
"Received and Filed":
1.
Water
& Sewer Improvements Cash Maintenance Bond with Maintenance & Escrow
Agreement, as shown on page _______, for the Garden Park Apartments project.
2.
Amendment
#2, as shown on page ________, to Work Order #39 to PS-4388-09.
3.
Sixth
Amendment, as shown on page ________, to M-232-05/BLH, Maintenance Agreement
for County-Wide Communications System.
4.
Work
Orders #25 & #26, as shown on page ________, to PS-1020-05.
5.
Work
Order #49, as shown on page ________, to PS-3914-08.
6.
Maintenance
Bonds, as shown on page ________, as follows: Carrigan Commercial Plat (WaWa
Store) in the amount of $2,003.04; #LSM0503871 for Evolution Auto Parking and
Extension Pond 4 Relocation in the amount of $6,292.93; #0178077 for St. James
House of Prayer, Inc. in the amount of $2,299.50; Pearl Lake Estates in the
amount of $97,469; and #0178078 for Pearl Lake Estates in the amount of
$3,163.39.
7.
Work
Order #52, as shown on page ________, to PS-3914-08.
8.
Work
Order #9, as shown on page ________, to PS-1666-07.
9.
Joint
Funding Agreement, as shown on page ________, U.S. Department of the Interior
Geological Survey for Florida Water Science Center.
10.
Work
Order #50, as shown on page ________, to PS-3914-08.
11.
Letter
dated October 7, 2013 from Joe Pennisi, Resource Management Director, to Florida
Department of Revenue regarding Seminole County FY 2013/14 Certification of
TRIM Compliance.
12.
Parks
Contracts for Services, as shown on page ________, for Clyde Graham, Dora Jean
Gracey, Philip T. McVay, Maribel Barreto, Ned J. Golden, Rayer Headley, Andrea
M. Lukonic, Darin L. Wardle, and Michael T. Verses.
13.
Second
Amendment, as shown on page ________, to IFB-601295-11, Term Contract for Lawn
Maintenance for Seminole County Parks & Boat Ramps.
14.
Work
Order #14, as shown on page ________, to RFP-7423-12.
15.
Work
Order #7 and #9, as shown on page ________, to RFP-CS01-12.
16.
Closeout,
as shown on page ________, to CC-8654-13.
17.
Florida
Public Service Commission Consummating Order #PSC-13-0422-TRF-EI regarding
Docket #06115-13.
18.
Conditional
Utility Agreements, as shown on page ________, for Water & Sewer between
MAG Development Co., Inc. and Meritage Homes of Florida, Inc. for the
Ellingsworth Project.
19.
Customer
Agreement, as shown on page ________, for Reclaimed Water Rates with KB Homes
of Orlando, LLC., Silverleaf Project, Easement Maintenance.
20.
Bill
of Sale, as shown on page ________, Acceptance of the Off-site Water System,
Garden Grove Apartments Project.
21.
Amendment
#5, as shown on page ________, to Work Order #3 to RFQ-5888-10.
22.
Second
Amendment, as shown on page ________, to RFP-CS01-12, Restated HUD Neighborhood
Stabilization Program Developer Agreement between Habitat for Humanity of
Seminole County and Greater Apopka, Florida, Inc.
23.
Second
Amendment, as shown on page ________, to Second Restated RFP-7423-13, HUD
Neighborhood Stabilization Program Developer Agreement with NVision Development
Management Services, LLC.
24.
Thirteenth
Amendment, as shown on page ________, to PS-549-00, Architectural and
Engineering Services Agreement with HKS Architects, Inc.
25.
Second
Amendment, as shown on page ________, to RFP-601008-10, Lobbying Services
Agreement with Shutts & Bowen, LLP.
26.
BID-601823-13,
Contractor Services Agreement, as shown on page ________, with Site Secure,
LLC.
27.
First
Amendment, as shown on page ________, to RFP-600987-10, Term Contract with
Academy Design & Technical Services, Inc.
28.
Work
Order #8, as shown on page ________, to RFP-CS01-12.
29.
Florida
Public Service Commission Order Suspending Tariff, Florida Power & Light
Co., regarding Docket #06154-13.
30.
Development
Orders, as shown on page ________, as follows: #13-30000073, Michael M. &
Debbie A. Kyle, variance; #13-30000072, Assets Recovery 23, LLC, variance;
#13-30000071, Robert Fahlstrom, variance; and #13-30000069, Bradley D. Willis,
variance.
31.
Developer’s
Commitment Agreement #13-20000005, as shown on page ________, Fleet Financial
Center PD Rezone.
32.
Locally
Funded Agreement, as shown on page ________, with FDOT, Phase 2 of SR 426/CR
419 Project, per Resolution #2013-R-151 adopted by the BCC on June 11, 2013.
33.
First
Amendment, as shown on page ________, to RFP-601053-11, Consultant Services
Agreement with GMB Engineers & Planners, Inc.
34.
Amendment
#3, as shown on page ________, to Work Order #15 to PS-5438-10.
35.
Amendment
#1, as shown on page ________, to Work Order #13 to RFP-5706-10.
36.
Memorandum,
as shown on page ________, dated 10/14/13 from Lee Ricci, Human Resources
Manager, to James Hartmann, County Manager, and Joseph Forte, Deputy County
Manager, regarding unauthorized commitment, Carlo Scorpio, Academy Design &
Technical Services.
37.
Memorandum
dated 10/14/13 from Lisa Spriggs, Seminole County Sheriff’s Office, to Board of
County Commissioners and Jim Hartmann, County Manager, regarding Sheriff’s
Office 2012/13 Budget Closeout.
38.
Addendum
#1 to Developer’s Commitment Agreement, as shown on page ________, Eden Point, JEN
Florida VIII, LLC.
39.
Development
Order #13-20500017, as shown on page ________, Eden Point PD Minor Amendment,
JEN Florida VIII, LLC.
40.
Utility
Agreements, as shown on page ________, for Water & Sewer service with YRG
Hotel Group II, LLC for the Old Florida National Bank project.
41.
Fourth
Amendment, as shown on page ________, to IFB-601516-12, Term Contract for EMS
Supplies and Minor Equipment with Bound Tree Medical, LLC.
42.
Change
Order #1, as shown on page ________, to CC-8665-13.
43.
Amendment
#1, as shown on page ________, to Work Order #13 to RFP-7423-12.
44.
Copy
of Letter from Noranne Downs, FDOT District Five Secretary, to “Elected
Leaders”, an invitation to a public information meeting regarding the Wekiva
Parkway Section 7A project.
45.
Amendment
#1, as shown on page ________, to Work Order #45 to PS-3914-08.
46.
Change
Order #2, as shown on page ________, to CC-8149-12.
47.
Work
Orders #3 and #4, as shown on page ________, to PS-8286-13
48.
Amendment
#1, as shown on page ________, to Work Order #26 to PS-2567-07.
49.
Performance
Bond #1078088, as shown on page ________, in the amount of $725,495.45 and
Title Opinion for the project known as Coventry.
50.
Change
Order #7, as shown on page ________, to CC-6877-11.
51.
Work
Order #59, as shown on page ________, to PS-4388-09.
52.
Work
Order #5, as shown on page ________, to PS-8047-12.
53.
Change
Order #3, as shown on page ________, to CC-8149-12.
54.
Amendment
#6, as shown on page ________, to Work Order #1 to PS-2404-07.
55.
Contracts
for Services, as shown on page ________, for Antionette Basque; Timothy S.
Dahle; Maria Hurt; and Ronald Yanko.
56.
Associate
Tennis Pro Agreement, as shown on page ________, for Jason Ross Cordova.
57.
Change
Order #4, as shown on page ________, to CC-7202-11.
58.
Work
Order #14, as shown on page ________, to RFP-5706-10.
59.
CC-8806-13,
Contractor Services Agreement, as shown on page ________, with Black Street
Enterprises, LLC.
60.
CC-8804-13,
Contractor Services Agreement, as shown on page ________, with Black Street
Enterprises, LLC.
61.
Amendment
#1, as shown on page ________, to Work Order #6 to RFP-7423-12.
62.
Conditional
Utility Agreements, as shown on page ________, with Space Port USA, Inc. for the
project known as I-4 Industrial Park Section 5 – Lot 2.
63.
Conditional
Utility Agreements, as shown on page ________, with Space Port USA, Inc. for
the project known as I-4 Industrial Park Section 5 – Lot 3.
64.
Conditional
Utility Agreements, as shown on page ________, with Space Port USA, Inc. for
the project known as I-4 Industrial Park Section 5 – Lot 18.
65.
Conditional
Utility Agreements, as shown on page ________, with Space Port USA, Inc. for
the project known as I-4 Industrial Park Section 5 – Lot 22.
66.
Bids
as follows: PS-8827-13; CC-8804-13;
CC-8805-13; CC-8806-13; RFP-8832-13; RFP-8833-13; PS-8565-13; CC-8780-13;
CC-8902-13; and CC-8794-13.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by
Commissioner Carey, seconded by Commissioner Horan to authorize and approve the
following:
SHERIFF’S OFFICE
47. Approval of appropriate Budget
Amendment Resolution #2013-R-263, as shown on page ________, implementing (BAR)
#14-013 recognizing ($32,500) in FY 2013/14 Florida Division of Emergency
Management-State Homeland Security Grant revenues and correspondingly
increasing the Sheriff’s FY 2013/14 operating budget by an equivalent amount.
48. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-264, as shown on page
________, implementing Budget Amendment Request (BAR) #14-014 re-budgeting
$231,743 of prior-year unexpended grant funds to the Sheriff's Office FY
2013/14 budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded by Commissioner Horan
to approve and authorize the following:
SUPERVISOR OF
ELECTIONS
49. Approve and authorize Chairman to execute the Certificate
Regarding Matching Funds, as shown on page ________, contained within the Memorandum
of Agreement between the Florida Department of State and the Seminole County
Supervisor of Elections; and to execute appropriate Resolution #2013-R-265, as
shown on page ________, implementing Budget Amendment Request (BAR) #14-012 in
the amount of $135,293 through the General Fund to appropriate grant funding
for election activities.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Liz Parkhurst, Planning & Development,
addressed the Board to present request to consider a reduction to the Code
Enforcement Board Lien from $3,000 to $0.00, for Case #12-95-CEB on property
located at 107 Gum Street, Altamonte Springs, Tax Parcel
#03-21-29-510-0000-0180, James Weatherford, current owner. She reviewed the timeline of the violation as
outlined in the agenda memorandum. She advised,
as stated in the request for reduction of lien by the owner, there appeared to
be an issue with his health and he was unable to correct the violation within
the time specified by the Code Enforcement Board. The owner also indicated that he has a financial
hardship in paying the proposed lien. Staff
recommends that the lien be reduced to the administrative cost of $1,240.08, to
be paid within 36 months or the lien will be reverted to the original amount of
$3,000. Staff also recommends authorizing
the Chairman to execute the Satisfaction of Lien upon payment in full. Staff is requesting that the report be made
part of the record.
Upon inquiry by Commissioner Carey, Ms.
Parkhurst advised staff would like to set up a payment plan with the owner.
Faith Brown, sister of James Weatherford,
addressed the Board to state her brother does have limited financial ability to
pay as well as a medical condition and she would appreciate it if the Board could
reduce the lien.
Motion
by Commissioner Constantine, seconded by Commissioner Horan to approve reducing the Code Enforcement
Board lien from $3,000 to the administrative costs of $1,240.08, for Case #12-95-CEB
on the property located at 107 Gum Street, Altamonte Springs, Tax Parcel
#03-21-29-510-0000-0180, James E. Weatherford (current owner); and require that
the reduced amount be paid within 36 months, with staff to work with the
property owner to come up with a reasonable payment schedule, or the lien will
revert to its original total amount of $3,000; and authorize the Chairman to
execute the Satisfaction of Lien upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ms. Parkhurst presented an Appeal of the
County Manager’s Denial of the request for reduction of the Code Enforcement
Board lien for Case #10-24-CEB, on property located at 310 Baron Cove,
Altamonte Springs, Tax Parcel #07-21-30-300-0650-0000, Land Trust Service
Corporation Trust FBO, current owners, and Dyana Hirmiz. She reviewed the background timeline as
presented in the agenda memorandum. The
current property owner requested a reduction to the lien. Pursuant to County Policy, the reduction
request was denied because the current owners acquired the property in which
the lien was recorded and the lien should have been considered in the purchase
price prior to acquiring the property. Staff
recommends upholding the Deputy County Manager’s denial of the request for
reduction of the lien totaling $54,750. Staff
requests that the report be made part of the record.
Virginia Gorges, 310 Baron Cove, addressed
the Board to state they just purchased the property and did not create the
liens. She stated they complied with the
permits and refurbished the house and they are just asking the Board to waive
the liens.
Written Comment Form for Virginia Gorges
was received and filed.
District Commissioner Henley stated he
believes the violation started in 2007 and accumulated a lien of $175,750,
which was wiped out by foreclosure. This
property was valued over $45,000 and the present owner was able to secure this
property through a Special Warranty Deed for $15,000. He noted that the current property owner is
claiming some hardship, but they are owners of a $93,000 trust. He said he believes the Deputy County Manager
was correct in his decision.
Motion
by Commissioner Henley, seconded by Commissioner Horan to uphold the Deputy County Manager's
denial of the request for reduction to the Code Enforcement Board lien, and
approve a reduction of the lien from $54,750 to $41,859, for Case #10-24-CEB, on
the property located at 310 Baron Cove, Altamonte Springs, Tax Parcel #07-21-30-300-0650-0000,
Land Trust Service Corporation Trust FBO (current owners), Dyana Hirmiz;
authorize staff to work with the owner to come up with a reasonable payment
schedule; and authorize the Chairman to execute the Satisfaction of Lien.
Under discussion and upon inquiry by
Commissioner Carey, Commissioner Henley stated he is hoping that staff will get
more into the property owner’s claim of financial hardship and allow that to be
influenced based upon what staff thinks their ability is to pay. He stated he would like the payments to be
expedited as quickly as staff thinks is reasonable for them to be able to
accomplish the full payment.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Ray Hooper, Purchasing and Contracts
Manager requested direction concerning the procurement of county-wide marketing
services (RFP-601690-13) for Seminole County.
He stated staff would like to add an additional option. This option would allow staff to extend the
current contract for 60 days and conduct best and final offers between the two
qualified firms. Staff would identify
all cost components for transparency under this option and provide the results
of these offers at the December 10, 2013 meeting.
Motion
by Commissioner Henley to approve extending
the existing Contract
+for Marketing Services for Seminole County with
Paradise Advertising & Marketing, Inc. for one year, and authorize the
Board to make a determination at the appropriate time for staff to issue a new
RFP or instruct staff at the appropriate time to resort to the “best and
final”.
Commissioner
Henley stated the new Tourism Development Council (TDC) Manager has only been
on board for a short time. He stated
under those circumstances, he doesn’t think it is in the best interest of the
County to come up with a new marketing firm to proceed. The TDC has been attempting to set a date for
a retreat to begin developing strategies for the new marketing year. This Board has not been provided a copy of
the RFP submittals and the information provided in the backup today is totally inadequate. He said he feels this is a very critical decision
therefore, it is in the County’s best interest for the Board to extend the
contract for a year.
Commissioner
Carey seconded the motion.
Commissioner
Carey stated she is disappointed that this is before the Board at this time as
she has not seen the presentations, the RFPs or the responses. She said she is also disappointed that the
TDC Board was asked to sit through the presentations but were not allowed to
make a recommendation. She added she
feels a lot of things were done on this that could have been done better. She stated she would support extending this
for one year, but then bring back to the Board the details of what the best and
final would be based on and moving forward with that.
Commissioner
Henley stated the Board would determine whether they wanted to issue a new one
or go with the best and final and then set the time and date.
Upon
inquiry by Chairman Dallari, Commissioner Henley advised there was some
confusion due to advice from the County Attorney’s office that the TDC was not
permitted to take a position on this.
The attorney indicated that in order for the TDC to have the authority
to make a recommendation, the BCC would have to change the policy.
Upon
inquiry by Commissioner Horan, Mr. Applegate advised the specific duties of the
TDC are spelled out in the Statutes and this was not one of them. He stated the procurement process did not
detail that the TDC would be making recommendations. The TDC did not have statutory authority or
any delegated authority.
Commissioner
Horan stated he has reviewed the RFP submittal from Evok but has not reviewed
Paradise’s proposal. He said he has had
a number of discussions from members of the TDC. It is important that they are entering a
process where they may be asking staff to work with a firm that they did not
choose. He said he has read the evaluation
reports from the Evaluation Committee and his inclination is to award this to
Evok as recommended by staff. He said he
has some problems with not awarding the contract to the proposer that won the
bid.
Commissioner
Henley stated he doesn’t have a problem with that but if the committee had done
what they were supposed to do appropriately, this would not be groundbreaking
for this Board to not accept staff’s recommendation.
Upon
inquiry by Commissioner Horan, Commissioner Henley advised this Board can
determine whatever they want to do. The
BCC rehired Paradise for 12 years in a row and they are the most recognized in
the industry for the quality of their work.
The reason for his motion is to give the Board an opportunity to review
all of the information and after they have done that, then they can decide what
action they want to take. The Board
would still have the option to go best and final. All he wants to do is to have this Board make
an informed decision.
Commissioner
Carey stated she feels the motion is broad enough for them to determine what
they want to do. She reiterated that
since the TDC didn’t make a recommendation, why ask them to sit through the
process if they were not allowed to do that.
She added she feels that there are a lot of things that were flawed in
this process. She added she is not in
support of throwing out the proposal, but would support an extension to get
through the next step.
Commissioner
Constantine stated it seems the Board is struggling with what appears to be a
flawed process that came about because the TDC didn’t have a chance to submit
their recommendations. He added he feels
the first step is to take this process back to the TDC and allow them to bring
back their recommendation.
Commissioner
Carey stated she can support the motion extending the contract up to a year or
60 days. The BCC needs to determine what
they want to do in order to get it back to this Board. She said she doesn’t want to vote on this
without seeing the information.
Mr.
Applegate stated the attorney from his office that was in attendance at the TDC
meeting was concerned about the relationship of the procurement process and the
duties and responsibilities of the TDC.
That attorney had to determine, at that time, the best way to protect
the County’s interest. He added he feels
they can work out a solution of getting the TDC involved in the recommendation.
Chairman
Dallari stated he is a little upset that the TDC did not provide a
recommendation and the agenda packet is incomplete.
Districts 1, 3, and 5 voted AYE.
Commissioners Horan and Constantine voted
NAY.
Commissioner Henley explained that the
situation that occurred in the process is not the fault of either one of the
agencies.
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Meloney Lung, Resource Management,
addressed the Board to request approval of the 60% Construction Documents for
the Seminole County Heroes Memorial, and authorization for staff to move
forward with solicitation of construction for Phase I (estimated cost of
$680,160) and a bid alternate for Phase II (estimated cost of $140,000). She introduced Jerome Owens, Conklin Porter
& Holmes (CPH), and stated Mr. Owens has a presentation showing the changes
that were made as well as an example of the bricks that they will be selling as
a fundraiser.
Jerome Owens addressed the Board to display
a PowerPoint Presentation (received and filed) of the Master Plan
Implementation. He stated in order to
get this closer to the County’s budget, they have consolidated the military
memorials into one location at the end of the courtyard. He declared that they have also added branch
identifications to each individual military memorials as well as consolidating
names for the fire and police onto the bases of the statues. He added they have reduced the impacts for
parking and that has allowed them to reduce the overall budget cost. Mr. Owens stated they are projecting to have
the plans completed in December with Board approval. They will be doing the entire park, and
monuments will be part of the initial bid but they will be doing that as
alternate bid items. The anticipated
budget is also down due to the brick sales as well as funds from the police and
fire departments. He concluded that the
alternate bid items will include the statue bases, the military branch sea
walls, as well as the military memorial.
Commissioner Carey stated she feels that
consolidating everything is very representative since the criterion is pretty
strict about how they can get it on the wall.
Upon inquiry by Commissioner Carey, Ms. Lung advised the initial reason
this was set this way was because it might be received better to donate towards
a nonprofit rather than a governmental agency.
Commissioner Carey stated the County funded
a portion of this and a small amount is needed to complete the funding. She stated she feels that if the County pushes
a little in the community, they can easily raise the $50,000 to finish this
project.
Motion
by Commissioner Carey, seconded by Commissioner Horan to approve the new
conceptual plan consisting of the solicitation of construction for Phase I
(estimated cost of $680,160) and a bid alternate for Phase II (estimated cost
of $140,000); and to move forward with the dissolution of the Seminole County
Heroes Memorial Association, Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Bryant Applegate, County Attorney,
presented an update on the status of Bay County et al, v. Department of
Juvenile Justice, DOAH Case No. 11-0995; and to request approval for
intervention in case styled as Okaloosa County, et al, v. Department of
Juvenile Justice, DOAH Case #11-5894.
He stated staff recommends that the Board approve intervention in Case
No. 11-5894 affecting the overbillings in connection with the 2010/2011
juvenile detention cost sharing.
Commissioner Carey stated when the State
was running the Department of Juvenile Justice (DJJ), the County was being
billed for 28 juveniles on a regular basis and since the Sheriff is now operating
the facility and there are hardly ever over 20 juveniles. She said she knows that there were checks and
balances, but she is not sure how detailed the checks were to make sure the
County was actually being billed for the juveniles that should have been billed. That is almost 1/3 less than what the State
had been billing the County over the last number of years. She added she doesn’t know if there is a way
to go back and audit those numbers to see if they were being overbilled for the
number of juveniles.
Mr. Applegate stated he will ask staff to
look at the numbers to see if there is any basis for further claims. He added he will report back to the
Board.
Commissioner Horan stated he feels that the
$3.1 million is money that has been taken out of the taxpayer’s money and needs
to be paid back. He added he would
support any intervention and anything else they can do to get the Legislature
to put the appropriation into the DJJ so they can receive this money.
Motion
by Commissioner Horan, seconded by Commissioner Constantine to approve the intervention
in Case No. 11-5894 affecting the overbillings in connection with the 2010/2011
Juvenile Detention cost sharing.
Under discussion, Commissioner Constantine
stated he feels it is important and appropriate that the County stay engaged in
pushing the Legislature.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari reiterated that the County
Attorney has been asked to bring back another accounting of the number of
juveniles as well as trying to get this into the State’s appropriations for the
County to get repaid.
COUNTY MANAGER AND
STAFF BRIEFINGS
No report.
COUNTY ATTORNEY
BRIEFING
Mr. Applegate stated he distributed to the
Board a six-week report of his office and stated this report does not include
the items that they are working on at this time. He added the Board will have a full
litigation report at the end of the year.
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Chairman Dallari advised that the work
session scheduled for this morning will be conducted after the afternoon
meeting.
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Chairman
Dallari recessed the meeting at 11:55 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Deputy Clerk Eva
Roach, who was replaced by Deputy Clerk Terri Porter, who were present at the
Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Horan, to authorize the filing of the proofs of publication for
this meeting's scheduled public hearing into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
PRESERVE AT LAKE SYLVAN LARGE SCALE
FUTURE LAND USE AMENDMENT AND
REZONE/Dave Schmitt
Proof of publication, as shown on page _______, calling for
a public hearing to consider a Large Scale Future Land Use Amendment from SE
(Suburban Estates) to PD (Planned Development), and associated Rezone from A-1
(Agriculture) to PD (Planned Development) for 15.84 acres located on the west
side of Orange Boulevard, approximately ¼ mile south of Wilson Road; Dave
Schmitt, received and filed.
Joy Giles, Planning
& Development Division, addressed the Board to present the request as
outlined in the Agenda Memorandum. She
displayed and reviewed an aerial photo of the site and reviewed the applicant’s
request.
Ms. Giles advised the
Planning & Zoning Commission voted unanimously to recommend approval, and
stated staff recommends transmission of the Preserve at Lake Sylvan Large Scale
Future Land Use Map Amendment and Rezone.
Linda Capfer
(phonetic), 5200 Vineland Road, addressed the Board to state they concur with
staff’s recommendation.
No one spoke in support
or in opposition.
District Commissioner
Carey advised she met with Dave Schmitt, the representative for the applicant,
and stated that everything about the project is within the guidelines.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve transmittal
of a Large Scale Future Land Use Amendment from SE (Suburban Estates) to PD
(Planned Development), the associated Rezone from A-1 (Agriculture) to PD
(Planned Development), and the associated Master Development Plan and
Development Order for 15.84 acres located on the west side of Orange Boulevard,
approximately ¼ mile south of Wilson Road, as described in the proof of
publication; Dave Schmitt.
Districts 1, 2, 3, 4
and 5 voted AYE.
LYNWOOD
WATER TREATMENT PLANT REZONE
Proof of publication,
as shown on page _______, calling for a public hearing to consider a Rezone
from the R-1A (Single-Family Residential) district to the PLI (Public Lands and
Institutions) district for 9.79 acres, located on the east side of Jerome Way,
approximately 275 feet east of Carbone Way, Seminole County, received and
filed.
Kathy Hammel, Planning
& Development Division, addressed the Board to present the request as
outlined in the Agenda Memorandum. She
displayed and reviewed an aerial photo of the site and reviewed the
request.
Ms. Hammel advised that
the current zoning of R-1A is for a residential development and is not
appropriate for the public use of the property.
Staff is requesting a Rezone to the appropriate zoning classification of
PLI; therefore, staff is recommending approval of the Rezone.
No one spoke in support
or in opposition.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance
#2013-30, as shown on page _______, enacting a Rezone from the R-1A
(Single-Family Residential) district to the PLI (Public Lands and Institutions)
district for 9.79 acres, located on the east side of Jerome Way, approximately
275 feet east of Carbone Way, as described in the proof of publication,
Seminole County.
Districts 1, 2, 3, 4
and 5 voted AYE.
BERKSHIRE
PROPERTY REZONE/
Moe
Musleem
Proof of publication, as shown on page _______, calling for a
public hearing to consider adoption of an Ordinance enacting a Rezone from A-1
(Agriculture) to PD (Planned Development) for 0.23 acres for property located
on the east side of International Parkway, approximately 500 feet north of
Grant Line Road, more particularly known as 4715 International Parkway, Sanford,
Moe Musleem, received and filed.
Brian Walker,
Development Services, addressed the Board to present the request as outlined in
the Agenda Memorandum. He displayed and
reviewed an aerial photo of the site and reviewed the request. He advised that the applicant is seeking a
waiver from the parking requirements and that staff has no objections to the
Board granting a waiver per Section 30 of the Land Development Code. He advised the Planning & Zoning Commission
voted unanimously to recommend approval and stated staff recommends approval of
the Rezone.
John Herbert, American
Civil Engineering Company, addressed the Board to state he represents the
applicant and they concur with staff’s recommendations.
Upon inquiry by
Commissioner Carey, Mr. Herbert advised the intent of the 200-square-foot
retail space is for an in-house coffee area.
No
one spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to adopt Ordinance #2013-31, as shown on page _______,
enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and
approve the associated Development Order, as shown on page ________, and Master
Development Plan, for approximately 0.23 acres for property located on the east
side of International Parkway, approximately 500 feet north of Grant Line Road,
more particularly known as 4715 International Parkway, Sanford, as described in
the proof of publication; Moe Musleem.
Districts
1, 2, 3, 4 and 5 voted AYE.
WESTLAKE CENTER
SMALL SCALE
FUTURE LAND USE AMENDMENT
AND
REZONE/Bruce
Anderson
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of
an Ordinance amending the Seminole County Comprehensive Plan enacting a Small
Scale Future Land Use Amendment from COM (Commercial) to PD (Planned
Development) for 8.4 acres, located on the southeast corner of S.R. 46 and
Orange Boulevard; adoption of an Ordinance enacting an accompanying Rezone of
the subject property from PD (Planned Development) to PD (Planned Unit Development);
and approval of the associated PD Development Order; Bruce Anderson, received
and filed.
Brian Walker,
Development Services, addressed the Board to present the request as outlined in
the Agenda Memorandum. He displayed and
reviewed an aerial photo of the site and reviewed the request.
Mr. Walker advised the
Planning & Zoning Commission voted unanimously to recommend approval and
stated staff recommends approval of the Rezone and associated Development
Order.
Upon inquiry by
Commissioner Carey, Mr. Walker advised that the current zoning on this property
is C-1, which allows for lighter commercial retail uses, i.e. book stores.
Bruce Anderson,
applicant, addressed the Board to present the request. He displayed and reviewed a chart (received
and filed) comparing the Westlake Promenade, a strip retail center that was
approved for this site, and the proposed self storage center. He stated they have incurred several problems
from the previous owners that they are trying to correct including the flooding
of the lake. He explained that the Land
Use Plan is currently commercial and through the proposed request, they would
change that to a more restrictive use to C-1 and a PD, so it would be more
limited than what is already approved.
He added that all three property owners have agreed to try to restore
the floodplain and to come up with a good use for the land. He displayed and discussed a proposed Master
Plan drawing of the site. He discussed
the aesthetics of both projects and displayed photos (received and filed) of a comparable
storage facility depicting the entrance, fencing, and interior hallways.
Mr. Anderson stated
that he tried to meet and talk with residents.
He said five residents were in attendance at the previous hearing and
that several are very much in favor of the self-storage facility, some are disinterested,
and a couple oppose any development on the site.
Denny Amicon, 279 Manor
Oaks Court, addressed the Board to speak in opposition and stated he also is
representing his neighbor at 280 Manor Oaks Court. He stated he objects to outside storage of
boats and cars because they become unsightly due to neglect. He displayed an aerial photo (received and
filed) of the site showing No Name Lake.
He discussed the drainage and flooding that occurs and properties that
he feels contribute to the problem. He
pointed out the area with illegal fill, S.R. 46, and the locations of their
homes. He suggested that when the pond
reaches a certain level, the State should do something to have it drain down
toward S.R. 46 somehow, which would prevent flooding in the southern
properties.
Commissioner Carey
advised that after meeting with Mr. Amicon, she had a meeting with the County
Engineer. She asked him to look at the
situation, to talk with the Department of Transportation (DOT), and to look at
what would happen to S.R. 46 as a result of the Wekiva Parkway
development.
Brett Blackadar, County
Engineer, addressed the Board to state he spoke to the project manager in
regard to Section B of the Wekiva Parkway.
He advised they only have concept plans right now, but they are going to
make this an urban, six-lane section.
When they do that, they will have to redesign drainage; however, the
pond currently does not have an outfall, and the project manager said he
believes it would be difficult to get approval from the St. Johns River Water
Management District (SJRWMD) to create an outfall for that pond through that
system. Mr. Blackadar said they can give
this existing condition to DOT to ensure they consider it when that project
goes to Design/Build, which is currently scheduled about 2017.
Upon inquiry by
Commissioner Carey regarding blockage downstream, Mr. Blackadar said he plans
to call the head person of the local maintenance office. Upon Commissioner Carey’s request, Mr.
Blackadar pointed out a section on the photo and stated it drains both to the
median and to the outside. Since the
design is preliminary, they do not know now if they are going to keep the
existing swales and drain from the curb to the swales or if they are going to
create new ponds; the preliminary plans show at least one new pond around
International Parkway. He stated the
Design/Build opens up a lot of possibilities on what the contractor could
propose. Commissioner Carey requested
that Mr. Blackadar follow up with her after he talks to the maintenance
department. Chairman Dallari requested
that Mr. Blackadar follow up with Mr. Amicon as well.
David Edwards, 5620
Wayside Drive, addressed the Board to speak in opposition, and he confirmed
that a letter and petition signed by 10 others were received by the Board
members this morning. He stated his
house was built in 1875 and he and his wife are expecting twins. His family has been here since 1957. He stated his concerns with the project are
mainly environmental and that the pond has been there as early as the
1900’s. His neighbor to the east has 75
feet of flooding encroachment into her yard during storms. He believes that the hardpan from erecting a
storage facility would add to the stormwater retention problem. He said an additional concern with a storage
facility would be people working on cars there with oil and transmission fluid
spills. The final issues deal with
privacy due to the facility having a 35-foot structure and light
pollution. He is also concerned with
whether a cell-phone tower would be erected.
He concluded with his concerns about wildlife and talked about the bears
that live in that area.
No one else spoke in
support or in opposition.
Mr. Anderson displayed
a pictorial, received and filed, showing the location of the homes adjacent to
the project site location. He stated
there is a provision to enclose and landscape the outdoor storage and only a
minority of the property is intended for outdoor storage if needed. They will go further than that if
necessary. Business activities are
prohibited; it is a vault for personal storage.
He said the only part that would have a 35’ height is in the front with
offices and that would be an architectural tower. The building would have a single-story height
of 25’. He said there is no stadium
lighting and all the lighting is on the face of the building which is to the
interior. There is no exterior lighting
on the project. He pointed out another
commercial use property to the south, which is an eye clinic, and also a
church. He added the properties with the
homes are a football field length away from where the proposed building will be
and they are surrounded by the south and east sides by retention, the
stormwater area where they will pull out the fill, or open space.
Per Commissioner
Carey’s request, Mr. Anderson pointed out an existing stormwater pond, an
easement shared by the 7-11 Store, and the location of an additional retention
pond.
Commissioner Carey
stated that she met with Mr. Anderson and a number of the neighbors. She stated that the property is already
approved for commercial and there would be a lot of activity in the back of a
shopping center. The lighting in a
shopping center would be 20’ standard, but on the self-storage units, they
would have wall packs and they are on the interior. She said she covered the concerns of the
residents point by point with Mr. Anderson, and he agreed to most of them.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to adopt Ordinance
#2013-32, as shown on page _______, amending the Seminole County Comprehensive
Plan enacting a Small Scale Future Land Use Amendment from COM (Commercial) to
PD (Planned Development) and Ordinance #2013-33, as shown on page _______,
enacting an accompanying Rezone of the subject property from PD (Planned
Development) to PD (Planned Unit Development); and to approve the associated PD
Development Order, as shown on page ________, for 8.4 acres, located on the
southeast corner of S.R. 46 and Orange Boulevard, as described in the proof of
publication, Bruce Anderson; with staff recommendations and the additional
following criteria: the self-storage
uses would only be on parcels B and C and they will be limited to single-story
height; there will be no cell towers allowed on the property; no businesses of
any kind or mechanical or maintenance work will be permitted in the
self-storage area; the office hours for the self-storage operation will be
limited from 7:00 a.m. to 7:00 p.m.; if there is any outdoor storage whether it
be vehicle or boat, it must be contained within a 6-foot masonry wall; the
first 150 feet of the south edge of parcel B shall contain a minimum buffer and
building setback of 25 feet, thereafter the southern edge should contain a
minimum building setback of 100 feet with a 25-foot buffer; the six-foot masonry
wall will be required within the buffer area if not adjacent to the building
wall, retention pond or an open space; the southeast side of parcel B, which is
adjacent to the residential, would contain a minimum buffer and building
setback of 50 feet and a six-foot wall would be required to buffer that unless
there is a pond adjacent to the building wall; the southwest edge of parcel B
should contain a minimum buffer and building setback of 25 feet; and the
35-foot height would be allowable only on parcel A for an architectural
feature, support offices or on-site residences.
Under discussion,
Commissioner Horan stated the findings in the record support the conclusion of
the land-use change and the uses appear to be consistent with the Comprehensive
Plan. He expressed his concern with the
drainage because there will be even more hardscape with the additional masonry
wall, etc. Commissioner Carey stated the
drainage will be improved because they plan to remove the fill that had been
illegally placed, which is part of what staff will require for them to be able
to develop it. She stated to the left of
No Name Lake, there is a wetlands line which is a buffer that has been filled
that compounded the problem for the drainage.
Between removing that, having DOT look at the maintenance issue and what
will happen when DOT expands S.R. 46, all will improve the drainage ability
there. Also, the applicant is being
required to design a “100-year storm” versus the “25-year storm” that the
approved project requires, so everything about the drainage gets better with
this scenario.
Districts 1, 2, 3, 4
and 5 voted AYE.
LAKE MARY
BOULEVARD GATEWAY CORRIDOR
OVERLAY DESIGN
STANDARD VARIANCE –
LAKE
MARY CENTRE/Tom Bradford & Kevin Sobel
Proof of publication, as shown on page _______,
calling for a public hearing to consider request for a variance
of the Maximum Allowable Wall Sign Area from 100 square feet to 396 square feet
for an individual tenant with building frontage greater than or equal to 100
linear feet, up to 200 linear feet, not to exceed 1.5 square feet for every 1
linear foot of building frontage for an individual tenant; a variance of
Maximum Allowable Wall Sign Area from 200 square feet to 396 square feet for an
individual tenant with building frontage greater than 200 linear feet, not to
exceed 1.5 square feet for every 1 linear foot of building frontage for an
individual tenant; a variance of the Maximum Allowable Ground Sign Area from 100
square feet to 160 square feet for an individual tenant; and a variance of the
Maximum Allowable Total Sign Area from 200 square feet to 556 square feet for
an individual tenant with building frontage greater than 100 linear feet, for property
located on the southeast corner of Lake Mary Boulevard and Lake Emma Road, and
particularly known as Lake Mary Centre; Tom Bradford and Kevin Sobel, received
and filed.
Denny Gibbs, Planning
& Development Division, addressed the Board to present the request. She displayed and reviewed an aerial photo
and map pictorial of the site and reviewed the request. She advised the applicants are in attendance.
Ms. Gibbs reviewed
staff’s conclusions based on the findings listed in the Agenda Memorandum. She added that the requested variance would
be subject to the conditions as outlined in the agenda memorandum. She stated that based on staff’s findings and
conclusions outlined in the staff report to be made part of the record, staff
recommends approval of the request for the variances.
Commissioner Carey confirmed
with Ms. Gibbs that everything along Lake Mary Boulevard corridor will stay as
it is and continue to meet the Lake Mary Boulevard corridor standards. She further confirmed that if the shopping
center were anywhere else, they could have 33% more signage than they are
requesting here, so this really is only because of the unique layout of this
large shopping center.
Tom
Bradford, applicant with Kendal Signs, addressed the Board to thank staff for
their efforts. He listed the
restrictions that were agreed upon, which are still more restrictive than
standard code for a commercial area. He
discussed the free-standing signage and stated he concurs with staff’s
recommendations.
Kevin
Sobel, applicant with Lake Mary Centre, addressed the Board to thank staff and
said they are excited for the future of Lake Mary Centre and that this really
helps with the intent for the community and the shopping center itself.
Speaker
Request Form was received and filed.
No
one else spoke in support of in opposition.
Motion by Commissioner Henley, seconded
by Commissioner Carey, to approve a variance of the Maximum Allowable
Wall Sign Area from 100 square feet to 396 square feet for an individual tenant
with building frontage greater than or equal to 100 linear feet, up to 200
linear feet, not to exceed 1.5 square feet for every 1 linear foot of building
frontage for an individual tenant; a variance of Maximum Allowable Wall Sign
Area from 200 square feet to 396 square feet for an individual tenant with
building frontage greater than 200 linear feet, not to exceed 1.5 square feet
for every 1 linear foot of building frontage for an individual tenant; a variance
of the Maximum Allowable Ground Sign Area from 100 square feet to 160 square
feet for an individual tenant; and a variance of the Maximum Allowable Total
Sign Area from 200 square feet to 556 square feet for an individual tenant with
building frontage greater than 100 linear feet, for property located on the
southeast corner of Lake Mary Boulevard and Lake Emma Road, and particularly
known as Lake Mary Centre; Tom Bradford and Kevin Sobel, with staff findings,
and approval of the Development Order, as shown on page ________.
Districts
1, 2, 3, 4 and 5 voted AYE.
BOA APPEAL/
George
Kramer
Proof of publication,
as shown on page _______, calling for a public hearing to consider an Appeal of
the Board of Adjustment decision to approve a Special Exception for a Marina in
the A-3 (Agriculture) district, for property located on the north side of Black
Hammock Road, approximately 150 feet east of Palm Drive, particularly known as
2332 Black Hammock Road; Robert and Shari King, appellant; George Kramer,
applicant/appellee, received and filed.
Denny Gibbs, Planning
& Development Division, reviewed the background as stated in the Agenda
Memorandum and advised that on September 23, 2013, the Board of Adjustment
approved a Special Exception for a Marina limited to one boat for a boat tour,
eight guest cabins, miniature golf, a gift shop, and a snack bar, with
conditions that are set forth in the Approval Development Order. She stated the appellants, Robert and Shari
King, filed a Notice of Appeal on October 7, 2013.
Staff recommends, based
on their findings and conclusions, that the approval of the Special Exception
for the Marina in the A-3 (Agriculture) district by the Board of Adjustment be
upheld.
Robert King, appellant,
addressed to the Board to state the appeal is not about himself but about the
community. He opined that staff and the
Board of Adjustment tried their best based on the information they had, but
they made an error, which is they did not understand that approving another
commercial operation in the neighborhood is a life changer. He stated neighbors have gotten together to
have someone represent them to explain why this is a bad idea. He said there are three, high-value,
residential lakefront lots and he feels they can be resold as residential lots
and it will be an asset to the community if they build what the Comprehensive
Plan says to build.
James Lussier, Mateer
and Harbert Law Firm, addressed the Board to state he is representing the
appellant. He distributed an information
packet to the Board members (copy received and filed). Mr. Lussier stated the Special Exception
should not have been granted and then displayed a PowerPoint presentation
(received and filed.) He reviewed the
Lake Jesup Nature Center Approved Site Plan, an aerial photo of the same area,
and a pictorial showing the proposed Welcome Center, Mini-Golf, Nature Center,
Cottages, Bird Sanctuary and Boat Dock.
Mr. Lussier displayed
and reviewed the Analysis slide, A-3 Zoning Classification “Allowed Use”
Issues, the lack of a “Passive Park” definition in the Land Development Code,
What You Don’t Find in Passive Parks, Accessory Dwelling Units, and Special
Exception Criteria Are Not Met. He
stated there are three main reasons why the special exception sought does not
comply with the Code and that is because it is not a Marina, the environmental
issues were not addressed, and the Fish Camp is not a development trend.
In regard to the “This
is not a marina” slide, Commissioner Horan questioned whether “marina” is
defined under the Land Development Code.
Mr. Lussier stated the special exception uses in the marina as listed in
the staff report and said it is not a marina, but a dock as stated in the
application.
Commissioner Carey
stated it is her understanding that it is a dock for a single boat and that the
initial application calls for a dock; it is not calling it a marina. She further stated that she understood this
went to the BOA for the Special Exception because of the golf issue and that
was the driver that required it to have a Special Exception. Mr. Lussier responded that the
special-exception uses are multiple and they are all accessories to the marina
according to the approved Development Order and the staff report. Commissioner Carey stated she will have staff
address it. Mr. Lussier questioned how
there can be accessory uses attached to a marina when there is no marina; only
a dock accessed from land for one boat.
Mr. Lussier displayed a
slide showing three versions of aerial views of the proposed site and discussed
the Technical Issue citing Section 30.104(6) of the Land Development Code
regarding special exceptions for marinas.
He stated that Lake Jesup is very shallow; the inlet rises and falls and
clogs with weeds, and requires maintenance for it to function as an inlet.
Mr. Lussier discussed
the trend of no development in Black Hammock and the non-conforming use at the
Fish Camp and cited Section 30.101 of the Land Development Code. He displayed zoning and land-use maps to show
concrete proof of the ordinances adopted by the Seminole County
Commission. He stated the Fish Camp is
not a development trend and opined that the staff report and the BOA that
relied upon that development trend is in error and he believes that justifies
granting the reversal of the order.
Mr. Lussier reviewed
A-3 Zoning Requirements for Special Exceptions.
He stated there has been no traffic study done and discussed the problem
with parking showing several pictures.
He then reviewed General Special Exception Criteria.
Mr. Lussier stated the
original application contemplated a gate, a Welcome Center, that would open
onto the front door of the Fish Camp, and that the appeal of the denial of that
gateway was originally on today’s agenda.
He opined that the motivation for the proposal is for parking spaces and
advised the Black Hammock Fish Camp seats 455 people. He further discussed the need for parking
spaces and stated the overflow parking ends up in residents’ front yards. He concluded by summarizing why the appeal
should be granted and the application rejected.
Nicole Guillet,
Development Services Director, addressed the Board to clarify that in the Land
Development Code, there is a definition of “marina” in the Impact Fee Ordinance
and she explained the definition. She stated
that there is no definition in the zoning section of the Code.
George Kramer, Kramer
& Little, LLC, representing the applicant, addressed the Board to speak in
support of denial of the requested appeal.
He provided copies of a letter to the Board of County Commissioners outlining
the same standards that Mr. Lussier reviewed as well as a copy of the Special
Exception application (both received and filed). He stated they did go through a Development
Review Committee process with County staff and he would like to focus on the
rules and the Development Order.
Mr. Kramer displayed a
PowerPoint presentation (copy received and filed). He stated that the Lake Jesup Nature Center
is a “Passive Park” which is an allowed use in the A-3 zoning district. He added that he will talk about looking at
the Special Exception and that through the special-exception process, they can
address many of the concerns of the community and they have done that through
the Development Order.
Mr. Kramer reviewed
Primary Objective of the Rural Character Plan and stated when looking back at
the 2006 Rural Character Plans that set the foundation for the Comprehensive
Plan in the rural area and the A-3 zoning, which talks about the environmental
and ecologically valuable components of the area and the importance of the
protection of those environmentally significant areas. He covered Policy FLU 11.20 Protection of
Character of East Rural Area Neighborhoods and Mission Statement of the Lake
Jesup Nature Center. He stated they are
trying to preserve the rural character through education, its access and
opportunities for environmental enhancement.
Mr. Kramer displayed
The Planning Process – 11 months and stated they went through a long planning
process and the voices of those in opposition were heard. They added the buffers and the fence; the
observation tower and a fishing pier were removed. He said the Development Order conditions
include limited hours of operation, noise and lighting restrictions, buffers,
and a 24-hour park manager and said all those are a result of this 11-month
process where they met with community and staff and addressed the concerns.
Mr. Kramer displayed
aerial photos of the area and said it was originally a nursery of oriental
palms, and they have the opportunity for restoration to convert the area into a
natural habitat. It will not be a
nursery that continues to put fertilizer into the ground; in fact there is a
prohibition on fertilizer for the property.
Mr. Kramer said they
met with a lot of the neighbors and there are a significant amount of
supporters. He reviewed Zoning A-3,
Passive Parks, 20 Parks Listed as Passive Parks on the Seminole County’s
website, Boats, Camping, Lake Jesup Nature Center, Wildlife at Lake Jesup
Mini-Golf, Nature Tours, Guest Cottages and Alternative Development
Scenarios. He cited Land Development
Code 30.102 listing possible permitted uses, which would not have to go through
a Development Order for Special Exceptions, including an Elementary School,
poultry production, fish hatcheries and bait production, and residential
development. He discussed the intensity
of the use with only one dock and one boat and said if it becomes residential,
each resident could have their own dock and boat house.
Mr. Kramer stated the
important thing is the Planning Manager’s determination of the nominal impacts
to natural resources including the limited development footprint, cottages
limited to 500 square feet and one bathroom, a pervious parking lot,
prohibition of fertilizers, protection of open space, and natural resources and
native plant restoration.
Mr. Kramer referred
back to his letter of November 19, 2013, and discussed the consistency with the
general zoning plan of the rural zoning classifications, the Comprehensive Plan
Future Land Use Policy 11.20, the Rural-3 future land use designation, and that
this project is not highly intensive in nature.
He stated that he met with the County Transportation Engineer who looked
at the project and determined there were no significant transportation
impacts. He addressed the trends in the
area and the nonconforming uses in expanding the Fish Camp. He stated there are provisions that the
parking will only be used for park residents and they will follow that.
Mr. Kramer summarized
stating he hopes they will look toward the Comprehensive Plan and the Zoning
and recognize that done properly, this is a compatible use, it is one that was
intended and is in the best interest of Seminole County.
Chairman Dallari
recessed the meeting at 3:20 p.m., reconvening at 3:25 p.m.
Upon inquiry by
Commissioner Carey, Ms. Guillet stated that from a staff standpoint regarding
this proposal, without the pontoon boat, the boat tours and the mini golf, the
remaining uses would qualify as a Passive Park.
Commissioner Carey confirmed that from staff’s standpoint, this had to
go through the Board of Adjustment because they wanted a dock and they wanted the
golf, and without those components, they could have moved forward with their
Nature Center with the limited-size cabins.
Upon inquiry by
Commissioner Henley, Ms. Guillet advised that their interpretation of it as a
Passive Park means it would be a use-by-right under A-3, so it would be a
permitted use and they would only be required to submit a site plan. Discussion ensued regarding the definition of
a Passive Park.
Ms. Guillet stated that
staff was diligent in its review of this and said it was a challenge because
nothing is defined. To determine what
would be compatible on this site, they looked at the four corners of this
proposal. She agreed that comparing this
to the Fish Camp and listing that as a development trend was probably not the
best example; however, when looking elsewhere in the rural area, there are a
number of recreational and special-event activities that occur, from weddings
to horse shows. Additionally, looking at
the overall footprint of development on this site compared to the intensity of
some of the other footprints for development in the rural area, they thought
this was consistent. They could have
four to six homes there which would have had additional impact to the
environment; and this has minimal impact on the natural resources as compared
to an agricultural use or a residential use.
She stated that staff considered these issues very carefully and they
think that this is arguably compatible with the trend of development.
Commissioner Carey
stated she tried to consider this without considering the surrounding owners,
looking at it as a specific request for a specific 24-acre piece of
property. She opined that what is going
on around it is not relevant to the issue before them; whether a nature
conservative is an appropriate use or not.
Upon inquiry by Commissioner Carey, Ms. Guillet stated that under the
Special Events Ordinance, it would be a use that would normally be permitted
there but wasn’t contemplated, so parking for a commercial establishment next
door would not be a permitted underlying use on that A-3 property even in the
context of a special event.
Chairman Dallari
advised he had ex parte communication which included a meeting and conversation
with George Kramer, Joel Martin and Bob and Sherry King. He said he also had a conversation with the
president of the Oviedo/Winter Springs Regional Chamber of Commerce and is
submitting this letter (received and filed) of support from them into the
record.
Commissioner Horan
advised he had ex parte communications (received and filed) concerning this
matter and he has met with Mr. and Mrs. King and Mr. Lussier. He also met with Mr. Kramer and Mr.
Martin. He stated that whatever decision
he makes will be based upon the evidence introduced at this hearing.
Commissioner Carey advised
she received 13 letters in opposition and also met with Mr. Kramer and Mr. and
Mrs. King, and she will submit all of her ex parte communication (received and
filed) for the meeting.
Commissioner Henley
advised he met with Mr. King before he saw the proposal and met with Mr. Kramer
yesterday going over a list of concerns about the proposal.
Commissioner
Constantine advised he received the same letters that are included in the
packet today and were given to them today.
He also had meetings with Mr. Martin and Mr. Kramer as well as Mr. &
Mrs. King and a phone conversation with Mary Sue Weinaug, Wekiva Island.
Michelle
Thatcher, 868 Little Bend Road, addressed the Board to state she had served on
the Natural Lands Committee and there was a lot of discussion regarding Passive
Parks. She opined that miniature golf is
not passive and there are no examples of cabins in Passive Parks. She questioned the intent for the future.
Commissioner
Carey clarified that she complimented Wekiva Island as an example of taking a
facility that has been closed down and dilapidated and turned into something
that is very beneficial to the community, especially from an educational
standpoint of people being able to go out and enjoy the Wekiva River and learn
to respect it.
Blaine
Reed, 2327 Palm Drive, addressed the Board to state he has lived down there
over 25 years, close to the Fish Camp.
He has seen four owners come and go.
He said that Joel Martin has been there for over ten years and he has
cleaned up the place making it better for everyone in the community. He stated he is in favor of whatever Mr.
Martin wants to develop next door. He
said right now it is an abandoned old tree farm. He would like to see it be a nice place for
people to visit.
Bill
Daniel, 2075 Palm Avenue, addressed the Board to state his issue with the water
levels and navigability and the actual rules.
His comments entitled Navigable Waters and Lake Jesup were received and
filed.
Deborah
Schafer, 1740 Brumley Road, addressed the Board to state this corporation is
not grandfathered in, it is not in compliance, it has no Special Exception, and
it has no Master Plan on the Fish Camp.
She said she would like to know how the County can allow or look at this
when there are no rules and regulations on the other property. She stated they have begged for
interpretations of a rural boundary and passive recreation to be included in
the Comp Plan. She said she also sat on
the Natural Lands Committee and opined that this is not passive in any
way. She said Code Enforcement does not
work on the weekends and they don’t check things out and that Special
Exceptions are granted with no way to watch over them. She asked them to continue this agenda item
to allow Mr. Martin to do the proper Master Plan with rules and hours of
operation like Wekiva Island and the one in Geneva. She asked the Board to protect them against
things that are not done correctly.
No
one else spoke in support or in opposition.
Speaker
Request Forms and Written Comment Forms were received and filed.
Mr.
Lussier stated he will address the difference between permitted uses and
special exceptions, and the definition of Passive Park. He believes there is a distinction in staff’s
interpretation of the Code, between active and passive uses in the application;
and there has to be a special exception, at least for the boat tour and the
golf course. He stated he couldn’t find
the word Passive Park in the Land Development Code, but he did find the definitions
for passive recreation and active recreation and then reviewed those. He questioned what a dock that cannot be
accessed by the public from the lake has to do with a golf course and said the
golf course does not support the marina operation. He said nothing supports the marina; they are
independent of it and therefore not an accessory to it. He stated that questioning intent is a
significant issue and there is nothing that states they have to build what they
are proposing. He closed by saying the
LDC special exceptions require each commissioner to look beyond the borders of
the parcel, the staff report put the buffers in there to protect the other
parcels from what goes on, and it is not a stand-alone consideration.
Mr.
Kramer stated LDC Section 30.104 includes golf clubs, fish camps, and marinas
and defers to the Planning Manager to look at the nominal impacts. He displayed and reviewed a listing of
marinas and their list of uses including Palms Island Resort and Marina,
Hontoon Landing, and Highbanks Marina & Camp Resort. He also displayed and reviewed a listing of
miniature golf courses at marinas and education-based mini-golf courses.
Mr.
Kramer further stated that he met with the Department of Health and through a
preliminary review, they believe that two septic systems would suffice: one for the five cottages and one for the
restrooms by the mini-golf facility; these would be in addition to the one
already there for the house. Regarding a
fire suppressant, he pointed out a 20-foot easement for fire trucks and a well
by that. He said this was reviewed by
the Fire Department as to how they would access the cottages and the
house. He mentioned the Master Plan and
stated it is clear that the passive recreation environmental education opportunity
is allowed within this rural area. He
concluded stating this needs to be done right and they’ve spent a great deal of
time working with staff to come up with the Development Order and they look
forward to following that and providing something they can all be proud
of.
Upon
inquiry by Commissioner Constantine, Mr. Kramer advised that the parking lot
consists of a one-half acre of crushed shells, except the handicapped space
would be paved. Upon further inquiry
regarding the economic feasibility without the access point request which was
removed from today’s agenda, Mr. Kramer clarified that they wanted the access
and felt it was vitally important at the time, but their opinion has
changed. Commissioner Carey commented that if they could link these two
properties together, a Master Plan could be developed. That would solve everyone’s issues as well as
address the operation and all the other things that have been done. However, they cannot. That is not what is before the Board
today. The question of why doesn’t this
operation have a Master Plan like the other ones is because it is a
non-conforming use and it never came to this Board to a point that they could
impose a development order on it.
Commissioner
Horan stated the Board has to review whether or not competent substantive evidence
exists to support the finding of the body that already did the fact finding in
this matter. He stated he finds that
there is a lot of information and undefined terms, but there is more than an
appeal. The Board has a proposed
Development Order that he believes needs some attention. A number of the issues addressed by the
public need to be addressed as well. He
said he would like some time and further discussion with the parties involved,
in particular with regard to the details of the Development Order.
Motion
by Commissioner Horan, seconded by Commissioner Constantine, to continue to
December 10, 2013, at 1:30 p.m. or as soon thereafter as possible, the request
to consider an Appeal of the Board of Adjustment decision to approve a Special
Exception for a Marina in the A-3 (Agriculture) district, for property located
on the north side of Black Hammock Road, approximately 150 feet east of Palm
Drive, particularly known as 2332 Black Hammock Road; George Kramer
representing applicant, James Lussier representing appellant.
Under
discussion, Commissioner Constantine opined that this would give an opportunity
to the parties involved to try to resolve this.
Commissioner
Horan commented that missing from the D.O. was the number of parking spaces,
the type of natural vegetation, those uses that relate to the kinds of
operations that would restore the natural vegetation, the kinds of uses of how
they are going to prohibit people from staying in the cabins and walking around
the fence and going to the restaurant.
He said the opportunity exists to get together with the constituents now
that the evidence is closed to try to come up with a D.O. that everyone can
agree with.
Commissioner
Carey questioned if the property owner was interested in voluntarily including
a Master Development Order for his adjacent parcel, is there anything that
would prohibit that from becoming part of an overall development order. Bryant Applegate, County Attorney, advised
the problem would be that the parties would have to get together, withdraw the
appeal, and they would have the right then to challenge anything that would
come up. He said there is nothing that
would prevent the property owner from withdrawing his application, which is the
subject of this hearing, and submitting a Master Plan for approval.
Commissioner Henley
stated he reviewed 10 areas with Mr. Kramer when they met that he could not
support without some more description and will not vote to approve it until
they are addressed. He said there are
four shelters in addition to the cottages and nothing about the size. Those types of things will have a significant
impact and there is nothing that says what size the marina is going to be.
Districts
1, 2, 3, 4 and 5 voted AYE.
BOA
APPEAL/George Kramer/Hammy Land
Proof
of publication, as shown on page ________, calling for a public hearing to
consider an Appeal of the Board of Adjustment’s decision to (1) require a 20
foot natural landscape buffer on the western boundary of the subject property;
(2) deny approval of a pedestrian access point on the subject property’s
western boundary line, in conjunction with approval of a Special Exception for
a Marina in the A-3 (Agriculture) district, for property located on the north
side of Black Hammock Road, approximately 150 feet east of Palm Drive,
particularly known as 2332 Black Hammock Road, George
Kramer/applicant/appellant, representing Hammy Land, LLC, received and filed.
Chairman
Dallari advised that this item has been withdrawn from the agenda. A letter from George Kramer requesting that
the item be withdrawn was received and filed.
CHAIRMAN’S
REPORT
Chairman
Dallari stated that the Board had requested him to go to Washington, D.C. to
represent them on SunRail Phase II. He
said he went with the Chairman of Osceola County, the Mayor of Orlando, and the
Mayor of Orange County. He distributed a
meeting summary (received and filed) from Alcalde & Fay. He advised they met with various delegates as
well as the transportation branch of the Office of OMB (White House Office of
Management and Budget). They were very
helpful and said he believes, along with the remainder of the committee, that
SunRail may be funded. He said they will
know by the March/April timeframe.
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Chairman
Dallari stated that they are aware that one of the School Board members, Diane
Bauer, passed away. The flag has been
flown at half mast per the Governor and he thanked Public Works Director Antoine
Khoury for arranging for the flag to be given to her family.
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Chairman
Dallari commended the Clerk of Court on the Government Finance Officers
Association of the United States (GFOA) for the award of the Certificate of
Achievement for Excellence in Financial Reporting. He said it is significant because it is the
32nd consecutive year that it has been received. He thanked the Clerk and her staff.
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Chairman
Dallari asked the County Manager to relay to the Fire Chief Leeanna Mims and
Tad Stone, Public Safety Director, that it means a lot to them that County
staff helped save a life recently at Sanlando Park. Staff from Station 12 performed CPR on a
citizen in cardiac arrest and saved their life.
He wanted to thank them publicly.
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Chairman
Dallari distributed a proposal regarding commissioners’ travel (not received
and filed) and stated there is a fixed number of dollars in the budget for
that. He said many of them travel to FAC
and NACo conferences and he wanted to see about getting pre-approvals for that
travel as well as reimbursements for travel outside of the County. He suggested dividing up the Board’s
allotment of funds in fifths, which would equal $1,800 per commissioner, and
have the mileage paid per Florida Statutes, Chapter 112, for out-of-county
travel only.
Commissioner
Carey advised the current policy calls for them to use the Florida Statute rate
of 44½ cents and some have been using the Federal rate. She is fine with the recommendation. Discussion ensued.
Maryanne Morse, Clerk of Circuit
Court, advised that when the Commission made the change in their travel policy,
at that point in time, they adopted the Federal rate. It was in conflict with the Statute, but at
that time it was somewhere around 54 cents.
Commissioner Carey advised that they had a discussion about using the
Federal rate, but the policy that got adopted and the one that was published is
the State rate. Commissioner Horan
confirmed that the new policy would cover just the travel aspects of attending
a meeting, and not registration.
Motion by Commissioner Carey, seconded
by Commissioner Constantine, to approve the proposed Commissioners’ travel
guidelines with the revision to use the Federal rate for out-of county mileage
reimbursement, and request the County Attorney bring before the Board an
amended travel policy for consideration.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
with attachment dated October 16, 2013, from Sean Snaith, University of Central
Florida, to Chairman Robert Dallari RE: University of Central Florida’s
Institute of Economic Competitiveness’ quarterly economic forecast.
2.
Copy
of letter with attachment dated October 23, 2013, from Chairman Robert Dallari
to Senator David Simmons, Florida Senate, RE: Proposed Florida Springs
Legislation. (C: BCC, County Manager,
Development Services, County Attorney)
3.
Notice
of Public Hearing received October 23, 2013, from City of Lake Mary RE: Request
to consider the Waterside Subdivision final plat located on the south side of
Lake Mary Boulevard at its intersection with Stillwood Lane. (C: BCC, County Manager, Development Services)
4.
Notice
of public information meeting received October 23, 2013, from Florida
Department of Transportation (FDOT), RE: Wekiva Parkway Section 7A project in
Seminole County. (C: BCC, County
Manager, Development Services, Engineering)
5.
Letter
with attachment dated October 24, 2013, from Luis Rodriguez, Federal Emergency
Management Agency (FEMA), to Chairman Robert Dallari RE: Comments to
Conditional Letter of Map Revision (CLOMR) on a proposed property within
community, if constructed as proposed, could revise the effective Flood
Insurance Study Report and Flood Insurance Rate Map. (C: BCC, County Manager, Development Services,
Public Safety)
6.
Letter
dated October 25, 2013, from Marva Johnson, Bright House Networks, to Chairman
Robert Dallari RE: Upcoming programming changes to Bright House Networks
customers. (C: SGTV, County Manager,
Michael Champagne, Bright House Networks)
7.
Letter
dated October 28, 2013, from Larisa Perry, Wells Fargo Bank, to Chairman Robert
Dallari RE: Wells Fargo’s annual campaign to support communities throughout the
year as part of their Visions and Values.
(C: BCC, County Manager)
8.
Copy
of letter dated October 28, 2013, from Jeanne Gold, SafeHouse, to Dr. Swannie
Jett, Florida Department of Health, Seminole County, RE: Appreciation for
generous donation of an AED device for the SafeHouse shelter. (C: BCC, County Manager)
9.
Letter
with attachment dated October 28, 2013, from Ray Valdes, Seminole County Tax
Collector, to Chairman Robert Dallari RE: Remittance of unused revenue check to
the Seminole County Board of County Commissioners in the amount of
$2,711,395.78. (C: BCC, County Manager,
Resource Management)
10.
Notice
received October 28, 2013, from St. Johns River Water Management District RE:
Cooperative Funding – FY 2014-2015. (C:
BCC, County Manager, Environmental Services)
11.
Letter
with attachment dated November 4, 2013, from Pat Lee, City of Lake Mary, RE:
Notice for Ordinance No. 4308. (C: BCC,
County Manager, Development Services)
12.
Notice
of Public Hearing received November 6, 2013, from City of Lake Mary RE: Request
to consider a Conditional Use to allow a private and retail recreational
facility (Lake Mary Fit Body Boot Camp personal training facility) located at
108 Commerce Street. (C: BCC, County
Manager, Development Services)
13.
Letter
with attachment dated November 6, 2013, from St. Johns Water Management
District to Seminole County Board of County Commissioners RE: Annual Statement
of Continuing Use for Jetta Point Park. (C: BCC, County Manager, Environmental
Services)
14.
Copy
of letter dated November 11, 2013, from Alberto Bustamanate, Baker &
Hosteller LLP, SunTrust Center, Suite 2300, 200 South Orange Ave., Orlando, FL,
RE: The Sabal Point Community, Golf Course Property - Client Matter No.
46898.01. (C: BCC, County Manager,
Development Services)
15.
Letter
with attachment dated November 23, 2013, from Barbara Sherman, LYNX, to
Chairman Robert Dallari RE: LYNX Quarterly Reports – As of September 30, 2013.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Carey stated that she
attended the FAC Board of Directors meeting and a couple of things came up that
she believes are important to bring to the Commissioners’ attention and
something that they need to be tracking on the legislative front. She advised that Senator Dorothy Hukill has
filed a Senate bill to reduce the tax rate applied to the sales of
communications services. She stated that
a couple of years ago, Representative Dorworth filed a bill which passed that
capped it and it happens to be capped at the County’s current rate. The estimate from the FAC staff is
approximately a $282 million impact countywide.
They are in the process of breaking it down county by county. This is a bill that they need to track.
Senator
Hukill has also filed a bill, SB 176, which would reduce the commercial lease
sales tax by 1%. She said they currently
charge whatever the county rate is for rent on a commercial process and this
would reduce it by 1%. The impact
estimate for that is $12 million to Florida’s counties and again, they are in
the process of looking at the kind of impact that would have on each county.
--------
Commissioner
Carey stated there is a discussion going on and there is a policy conference by
Senator Latvala and Representative Peters talking about a dedicated funding
source for homeless programs as one of the priorities for the 2014
session. She said she represents the BCC
on the Regional Homeless Coalition and they will obviously be looking at
this. She said it may be competing with
some of the dedicated funding that they are hopeful to look at next year.
--------
Commissioner
Carey stated there is a program that the FAC offers which is a commercial paper
program. Currently it does have a
variable rate, interim financing and currently the rate is 1.1% with no
pre-payment penalty so it may be something the County Manager may want to look
at as they go through different projects they have coming up.
--------
Commissioner
Carey advised that the Board of Directors meeting of the Central Florida
Commission on Homelessness is happening Thursday afternoon and they will have a
special guest at that meeting, Mrs. Barbara Poppe, who is the Executive
Director of the United States Interagency Council on Homelessness. She will be addressing the Board of Directors
at their regular meeting and she will also be addressing the community for
Community Conversation on Thursday morning, November 21st at 8:30
a.m. at the Citrus Club in Orlando regarding Best Practices.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to adopt appropriate Resolution #2013-R-320, as shown on
page _______, reappointing Gayle Hair to the Animal Control Board effective
January 2014, and adopt appropriate Resolution #2013-R-321, as shown on page
_______, appointing Marti Chan to the Contractors Examiners Board, as the
consumer, effective January 2014.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Carey wished everyone a very happy Thanksgiving.
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Commissioner
Dallari advised there is a road in District 1 in Jamestown called Walker
Road. He distributed a letter dated
November 14, 2013 from Antoine Khoury with attachments (copy received and
filed). He advised he had staff research
the access to the road and said it is a private road. In the policy, if the road is not passable,
then staff would come back and ask the
Board for direction. Staff has deemed
that it is passable by emergency vehicles.
Antoine Khoury, Public Works Director, addressed the Board to confirm
that it is passable. Commissioner
Dallari advised that staff has decided that no funds will be spent to improve
or maintain the road because it is passable by emergency vehicles.
Commissioner
Dallari stated he would like to send a response letter to the request to repair
the road and explain why we are not repairing the road, because it is a private
road and it is passable by emergency vehicles.
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Commissioner
Horan stated that in pinch-hitting for the Chairman, he attended the dedication
of the Veterans’ Memorial in Lake Nona.
He said it was constructed by Wharton-Smith, a Seminole County
contractor who donated their management fees.
He said it is an impressive structure and as you enter the large archway
into the memorial, to the right is a wall in which are affixed a number of
plaques, and of course Seminole County is there as one of the
contributors. He opined it will be a
wonderful precursor for inspiring the foundation, with the County’s own Fallen
Heroes Memorial, to raise the kind of money needed.
--------
Commissioner Horan stated he spoke to the
Legislative Delegation when they were here.
He addressed the FRS issue, Medicaid, and the Surtax Amendment to allow
for transportation issues of schools. He
said as reported earlier, he unsuccessfully asked them for a $3 million check
for the DJJ bill.
--------
Commissioner
Horan advised he attended the FAC conference as co-chair of the Finance Tax
Administration Committee, the full Board accepted their recommendation to make
a joint tax statement. The Communication
Services Tax (CST) and the tax on commercial leases measures were prominent in
their statement and that they should be the number one legislative issue in
addition to maintaining revenue sources on other things. The Governor has made it very clear that this
is a year where he is going to be looking at tax breaks and of course, when the
legislature is looking at reducing taxes, they are usually looking at reducing
county taxes. He advised they are
looking for protection on those particular issues.
--------
Commissioner
Constantine advised that on November 5th the Orlando Sanford Airport
Authority named Tom Ball the new Chairman.
--------
Commissioner
Constantine advised that at the FAC conference the committee he co-chairs also
made a number of home-rule recommendations which were approved.
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Commissioner
Constantine advised the St. Johns River Alliance is having a retreat at Wekiva
Island on November 22nd at 12:00 p.m. with an optional lunch and
that goes through to 7:00 p.m.
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Commissioner
Constantine stated that Mrs. Linda Curtis called to commend Fire Station 13’s
response on her 911 call and her trip to the hospital. She said she received excellent service and
was very appreciative to the firefighters Nicholas Graham and Tracy McCaffrey.
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Commissioner
Constantine commented that Senator Hukill used to be the mayor of a city and
now she has decided the counties should be the ones to lose all the taxes or
all the opportunities in revenue.
Commissioner Horan stated, in fact, that Senator Hukill gave a
presentation at the FAC conference and was reminded of that.
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Chairman
Dallari advised he asked legislative staff to meet with each commissioner
individually and they will have a discussion at the next meeting about
legislative priorities. Chairman Dallari
asked Ms. Guillet to schedule those meetings.
COUNTY
MANAGER’S REPORT
Mr.
Hartmann asked the Board support in having the Chairman execute a letter to the
St. Johns River Water Management District Governing Board supporting the
extension of the current Aquafiber Technologies demonstration contract. He will also be bringing a contract with
Aquafiber to the Board at the next meeting.
It is a no-cost contract at this time, but they think the technology is
viable and they should encourage St. Johns to continue with their
participation.
Motion by Commissioner Horan, seconded
by Commissioner Carey, to authorize the Chairman to execute a letter from
Chairman Dallari to the St. Johns River Water Management District Governing
Board supporting the extension of the current Aquafiber Technologies
demonstration contract.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSENT
AGENDA (Cont’d)
Mr.
Hartmann advised that staff has said there was an error in Consent Agenda Item
#40. Lin Polk, Budget & Fiscal
Management, addressed the Board to advise that the Board approved BAR #14-015
in the amount of $2,589,000 through the Sewer Connection Fee and Water and
Sewer Bond Funds for Apple Valley Water Main Improvements and the Greenwood
Lakes Power Easement Master Pump Station projects. The amount of $2,589,000 is correct for the
funding for the project. For the record,
the total is actually $1,428,840 for the actual BAR with the transfers and the
other debits and credits. (Copy of
corrected item received and filed.)
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to correct the amount of BAR #14-015 (Item
#40) from $2,589,000 to $1,428,840 through the Sewer Connection Fee, the Water
& Sewer Bonds, Series 2006 Funds and a transfer from the Water & Sewer
Operating Fund to the Water & Sewer (Capital) Operating Fund for the Apple
Valley Water Main Improvements and the Greenwood Lakes Power Easement Master
Pump Station projects.
Under
discussion, Commissioner Horan confirmed the actual Budget Amendment Request
worksheet is correct but the amount on the agenda was incorrect.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S REPORT
No report.
ITEMS FOR FUTURE AGENDA
John
Casselberry, 700 South Lost Lake Lane, addressed the Board to state he had
talked earlier about starting to get a handle on how much of county labor is
involved with city functions; the idea being that they would know how much the
County would charge for doing that work and the County wouldn’t charge more
than that. He said he typically comments
on the Sheriff’s Department because he thinks they pay exactly the same as
unincorporated residents and they are typically patrolling unincorporated areas
and not patrolling the cities unless they are driving through. He said he got into the Constitution for the
State of Florida and found in Article 8, Section 1(h) some kind of tax
limitation for only doing services that benefit the County. He said the County is not supposed to charge
for things that don’t benefit the residents in the area. He said he talked with the Board a year ago
about actually asking staff to make notes of when they are doing work that
benefits the cities directly. He said he
talked with Cecilia Monte, Resource Management, and she isn’t aware that they
ever did any of that. He said he also
found there is an Article 7, Section 2, saying that Ad-Valorem Tax Rates are
supposed to be uniform with any taxing unit.
He said he doesn’t know what it means, but it sounded important and the
Attorney will probably understand it.
Maybe it’s about a system of how they tax. Article 9, Section 1(a) says the State makes
adequate funding for education and that is when the millage disappears. He said he thinks it’s in the Constitution or
it may still be in the Statute somewhere; that was in the 2002 section and he
thinks the next earlier one was 1998 or something like that, but it means that
somewhere between those times, the State assumed full responsibility for
funding, not really the counties. He
said he doesn’t know what Article 12, Section 2 is about. He has read Section 15 that limits taxation
to doing something where they are changing the structure of a law and it says
the millages remain the same until they are further reduced. He said that is the first time he has
actually seen that they said a one-directional intent with ad valorem. He said they need to eventually get rid of ad
valorem altogether.
Speaker
Request Form was received and filed.
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Chairman
Dallari announced that the Clerk of the Court has a new Deputy Clerk. Erin Leben was introduced having started with
the Clerk’s office on November 4th.
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There being no further business to
come before the Board, the Chairman declared the meeting adjourned at 4.45 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/tp