BOARD OF COUNTY
COMMISSIONERS
SEMINOLE COUNTY,
FLORIDA
FEBRUARY 12, 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, February 12, 2013, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Present:
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
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Absent:
Chairman Robert Dallari (District 1)
Pastor Hezekiah Ross, West Sanford Free Will Holiness Church, Sanford, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
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VIEWING OF
CENTENNIAL MINUTE
Two Centennial Minute videos were displayed in celebration of Black History Month featuring Education and the Butler Boston Family of Oviedo, which are also available for viewing on Seminole County’s website. Commissioner Horan advised that there are a number of events and activities this month through April 2013 commemorating Seminole County’s 100th Anniversary and he encouraged everyone to check the website.
AWARDS AND
PRESENTATIONS
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2012-R-60, as shown on page ______, recognizing Gary W. Guckenberger for 28 years of service and dedication to Seminole County Government and its citizens upon his retirement from the Department of Public Safety’s EMS/Fire/Rescue Division on January 31, 2013.
Districts 2, 3, 4 and 5 voted AYE.
Chief Leeanna Mims, Public Safety Department, accepted the Resolution on Mr. Guckenberger’s behalf.
REGULAR AGENDA
Mike Napier, Health Department Administrator, addressed the Board to state that the Health Department is a State agency in partnership with county government. He explained the process followed to hire a health officer. He stated that having been in the department for nine years, he is excited that they have someone ready to take over with the kind of leadership and understanding of community partnership that the Health Department has enjoyed over the years. He said he believes Dr. Swannie Jett will do an awesome job. Dr. Jett addressed the Board to thank them for the opportunity and is looking forward to moving to the area.
Motion by Commissioner Carey, seconded by Commissioner Henley, to confirm the appointment of Dr. Swannie Jett to the position of Health Department Administrator for the Seminole County Health Department.
Districts 2, 3, 4 and 5 voted AYE.
Vice Chairman Horan welcomed Dr. Jett and expressed his appreciation to Mr. Napier for a job well done and wished him the best in Pasco County.
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Vice Chairman Horan recessed the meeting of the Board of County Commissioners at 9:43 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92
CRA
David Buchheit, U.S. Highway 17-92 CRA Program Manager, addressed the Board to present a request for approval of the assignment of a CRA Redevelopment & Construction Grant Agreement. He stated the item is in regard to a grant assignment for the Main Street Square Shopping Center, better known as the Winn Dixie Plaza in Fern Park. He explained that while they were applying for the grant, the Applicant, Great Falls Pass, LLC, was in the process of selling the site. The site was sold after the grant was approved and the request is to assign the grant to the new owner who paid for the improvements to the site. Staff requests approval of the grant to Nightingale Properties, LLC.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve and authorize the Chairman to execute the Assignment of the CRA Redevelopment & Construction Grant Agreement, as shown on page ______, for Main Street Square Shopping Center located at 7800 South U.S. Highway 17-92, to Nightingale Properties, LLC.
Districts 2, 3, 4 and 5 voted AYE.
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Vice Chairman Horan adjourned the meeting of the U.S. Highway 17-92 CRA at 9:45 a.m. and reconvened as the Board of County Commissioners.
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Vice Chairman Horan announced that during the Seminole County Centennial Minute videos, the voice that was heard belongs to Robert Bradley in the Purchasing Department and that all the videos were produced in-house.
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Vice Chairman Horan also announced that Chairman Dallari was unable to attend the meeting today because he is representing Seminole County and the region at the National Association of Regional Councils of Washington, D.C.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Hartmann, County Manager, advised that under the Consent Agenda, Item #28A, 2013-2017 Voluntary Cooperation Agreement establishing a City/County/State Traffic Enforcement Unit under the County Attorney, has been added. In addition, staff would like to pull Item #10, Engineering Division’s Quit Claim Deed correcting a scrivener’s error, and Item #12, Fleet/Facilities Division’s First Renewal of the Reflections of Hidden Lake Environmental Services Department Lease.
Commissioner Carey requested pulling Item #13, Cyber Insurance Coverage with Chartis Specialty Insurance Company, for a separate discussion and vote.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
Community Services
Community Development Division
3. Approve and authorize the Chairman to execute two Certification Forms, as shown on page ______, for the State Housing Initiatives Partnership (SHIP) Program Annual Performance Report (APR).
4. Approve
and authorize the Chairman to execute the Seminole County/Habitat for Humanity
of Seminole County and Greater Apopka, Inc. (Habitat) HOME Program Developer
Agreement, as shown on page ______.
5. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-61, as shown on page ______, amending Section 3.554, Seminole County Administrative Code giving the County Manager signature authority to execute contracts for purchase, sale and rehabilitation of real property, and associated documents related to acquiring and improving acquired real property, in an amount not to exceed $200,000 per transaction, and further authorizing subsequent execution of all documents necessary to effect resale of these properties to income qualified households, in accordance with Neighborhood Stabilization Programs 1 and 3 regulations and policies.
Economic
& Community Development Services
Planning
& Development Division
6. Approve the final plat for Brooks Cove Subdivision containing 22 lots on 10.34 acres zoned R-1AAA (Single-Family Dwelling) located on the west side of Brooks Lane, south of Red Bug Lake Road, David Schmitt.
Environmental
Services
Utilities
Engineering
7. Approve an Interlocal Agreement, as
shown on page ______, with Seminole County and the City of Sanford Emergency
Interconnect Water Service.
8. Approve Underground Easement, as shown on page ______, to Florida Power and Light for the relocation of the existing power transformer at the Markham Water Treatment Facility.
Leisure
Services
Tourism
Development Division
9. Approve and authorize the Chairman to execute the Memorandum of Understanding, as shown on page ______, between the Sanford Chamber of Commerce, Seminole County, Metro Orlando Economic Development Commission, Sanford Airport Authority and Orlando Sanford International, Inc. in the amount of $5,000 for the funding of two information booths at the Orlando Sanford International Airport for FY 2012-13.
Public
Works
Engineering
Division
10. Pulled
from agenda request to adopt a Resolution authorizing the Chairman
to accept a Quit Claim Deed from Evans Lake Jesup, LLC correcting a scrivener's
error for property needed for Canal Street.
11. Approve and authorize the Chairman to execute a letter, as shown on page ______, to the District 5 Secretary of the Florida Department of Transportation (FDOT) regarding potential additional Federal Funds for Phase I of the State Road 426/County Road 419 Widening Project.
Fleet/Facilities
Division
12. Pulled
from agenda request to approve the First Renewal of the Reflections
of Hidden Lake Environmental Services Department Lease. Annual cost for the
renewal is $205,524.52. The current lease expires April 30, 2013.
Resource
Management
Budget
and Fiscal Management Division
14. Approve
and authorize the Tax Collector's Office to publish the 2012 Notice of Tax
Certificate Sale in the Sanford Herald newspaper at the quoted rates.
15. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-62, as shown on page ______, implementing Budget Amendment Request (BAR) #13-039 in the amount of $55,500 through the Library Designated Fund to establish a budget for security cameras, book shelving, e-books, streaming video and other items for the first exhibit of the Sunshine Gallery under the Libraries Upgrades and Enhancement Project.
16. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-63, as shown on page ______, implementing Budget Amendment Request (BAR) #13-040 through the Water & Sewer Capital Operating Fund in the amount of $207,918 in order to establish funding for various City of Orlando Iron Bridge Capital Improvement Projects.
17. Approve
and authorize the Chairman to execute appropriate Resolution #2013-R-64, as
shown on page ______, implementing Budget Amendment Request (BAR) #13-041
through the BOCC Agency Fund in the amount of $8,747 to carryforward projects
and appropriate unexpended donated funds for Leisure Services Parks.
18. Approve
and authorize the Chairman to execute appropriate Resolution #2013-R-65, as
shown on page ______, implementing Budget Amendment Request (BAR) #13-042
through the 2001 Infrastructure Sales Tax Fund to establish the Mast Arm
Inspection Project and provide funding in the amount of $120,000 from reserves.
19. Approve
and authorize the Chairman to execute appropriate Resolution #2013-R-66, as
shown on page ______, implementing Budget Amendment Request (BAR) #13-043 in
the amount of $778 through the Emergency Medical Services (EMS) Trust Fund to
recognize interest earned in FY 2011-12, approved for use by the Florida
Department of Health, and to appropriate an additional $9,103 to the EMS
Simulation Lab project.
Purchasing
& Contracts Division
20. Award
CC-8159-12/AMM, Contractor Services Agreement, as shown on page ______, for CDBG
Disaster Recovery Reconstruction, for one Residential Property in the amount of
$134,260 to Sovanic, Inc., Orlando; and authorize the Purchasing &
Contracts Division to execute the Agreement.
21. Award
CC-8160-12/AMM, Contractor Services Agreement, as shown on page ______, for CDBG
Disaster Recovery Rehabilitation for one Residential Property in the amount of
$149,455 to Corinthian Builders, Inc., Lake Mary; and authorize the Purchasing
& Contracts Division to execute the Agreement.
22. Award
CC-8247-12/RTB, Contractor Services Agreement, as shown on page ______, for Miscellaneous
Potable Water Interconnects Phase II in the amount of $395,384.95 to Affordable
Development, a division of Driveways, Inc., Titusville; and authorize the
Purchasing & Contracts Division to execute the Agreement.
23. Award
IFB-601534-12/TLR, as shown on page ______, Term Contract for Caulking, Joint
Sealant and Pressure Washing Services to Lamphier Company, Lake Monroe; and authorize
the Purchasing & Contracts Division to execute the Agreement.
24. Award
IFB-601535-12/TLR, as shown on page ______, Term Contract for Exterior Painting
Services to Paintsmart USA, Inc., Orlando; Picasso Painting Contracting,
Orlando; R&R Builders, LLC, Ocala; and Environmental Painting Alternatives,
Inc., Orlando; and authorize the Purchasing & Contracts Division to execute
the Agreement.
25. Award
IFB-601536-12/TLR, as shown on page ______, Term Contract for Interior Painting
Services to Paintsmart USA, Inc., Orlando; Picasso Painting Contracting,
Orlando; R&R Builders, LLC, Ocala; and Environmental Painting Alternatives,
Inc., Orlando; and authorize the Purchasing & Contracts Division to execute
the Agreement.
26. Approve
the Mutual Termination of PS-2084-07/LKR, as shown on page ______, Architectural
and Engineering Services for Design and Construction Administration of Jetta
Point Park, with Atkins North America, Inc., Orlando; and authorize the
Purchasing & Contracts Division to execute the Mutual Termination document.
27. Approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one Master Services Agreement (MSA) for PS-8146-12/JVP for National Pollutant Discharge Elimination System (NPDES) Services; estimated annual usage of $400,000.
Districts 2, 3, 4 and 5 voted AYE.
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Item #13, Approve and authorize expansion of the County’s Cyber Insurance Coverage to include notification, credit monitoring, forensics and legal expenses with Chartis Specialty Insurance Company was presented. Commissioner Carey stated the County is currently paying almost $9,400 per month for Cyber coverage, and if the Board approves this item, it would increase the coverage. She said she has concerns because in her opinion, sometimes there is overprotection.
Upon inquiry by Commissioner Carey, Meloney Lung, Resource Management, advised that the County has never had any claims against the current Cyber insurance.
Commissioner Carey expounded upon the coverage options, the County’s risk and their legal obligations.
Motion by Commissioner Carey, seconded by Commissioner Henley, to deny the request for expansion of the County’s Cyber Insurance Coverage.
Under discussion, Commissioner Henley asked whether the County Manager wanted to comment. Jim Hartmann, County Manager, stated it is important to note that Cyber security is a growing field and is growing fast throughout the nation. The ability to be compromised and have information taken is always in the forefront. Commissioner Carey confirmed with Mr. Hartmann that they need to renew the current policy for $9,387 per year, or choose enhanced coverage, Options #1 or #2. Staff is recommending Option #2.
Commissioner Carey
withdrew her motion regarding Cyber
insurance and Commissioner Henley withdrew
his second.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve renewal of the current Cyber Insurance Coverage with Beazley Insurance Company, Inc. at an annual premium including taxes of $9,387.
Under discussion, Vice Chairman Horan explained that most expenses incurred with these types of breaches are expenses that relate to investigation, which is to find out the parties that would need to be notified of the breach. County staff would need to devote resources, time and money towards the investigation. If a claim is made with the extended insurance coverage, the insurance company comes in prepackaged with a lawyer, consultant, and an investigator. Vice Chairman Horan advised he is not in favor of taking the risk and trying to manage it through County resources, and believes it is a good and prudent purchase.
Upon inquiries by Commissioners Carey and Henley regarding what the current policy covers, Michael Gillon, Arthur J. Gallagher Risk Management Services, addressed the Board to explain the provisions of the current policy. He stated when the current policy was purchased, the first-party coverages were not readily available or cost effective but they have become more available and cost effective in recent years. Commissioner Henley confirmed that notification is not covered in the current policy and Vice Chairman Horan confirmed that investigation is also not covered.
Commissioner Carey stated that staff’s recommendation was to go with Option #2, which is the most expensive version. She questioned if they had a breach and for example, only 100 people were involved, what would Option #2 cover. Mr. Gillon advised in that case, the first-party expenses would not be covered because there is a need for 250 or more parties to be affected for that coverage to apply. Option #1 has no deductible, but there is a $250,000 limit. The reason the recommendation was made for Option #2 is because notification covers up to 250,000 parties regardless of the expense.
Districts 4 and 5 voted AYE.
Commissioners Horan and Constantine voted NAY.
Motion failed for lack of a majority vote.
Upon inquiry by Commissioner Henley regarding the expiration of the current policy, Ms. Lung advised they extended the coverage for 90 days and it will expire on March 1, 2013.
Commissioner Constantine stated it is clear there is not an agreement between the Board members and suggested the County Manager review the coverage options and bring this back to the Board with a recommendation at the next BCC meeting.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to table the request to expand the County’s Cyber Insurance coverage to the February 26, 2013 Board of County Commissioners’ meeting, after review of the coverage options by the County Manager’s Office.
Districts 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Constantine to authorize and approve appropriate Resolution #2013-R-67, as shown on page ______, and accompanying Interlocal Agreement, as shown on page ______, with the Orange County Industrial Development Authority authorizing their issuance of industrial revenue bonds and educational facilities revenue bonds by the Authority for the construction, expansion, renovation, and equipping of new facilities in the County by Goodwill Industries, Inc.; and Approval of appropriate Resolution #2013-R-68, as shown on page ______, and accompanying Interlocal Agreement, as shown on page ______, with the Orange County Industrial Development Authority for the refinancing of the Series 1998 and 2005 educational facilities revenue bond issues in conjunction with new financing for capital improvements to the campus of Trinity Preparatory School, Inc., whose campus occupies parts of both Orange and Seminole Counties.
Districts 2, 3, 4 and 5 voted AYE.
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Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve a Voluntary Cooperation Agreement, as shown on page ______, establishing a City/County/State Traffic Enforcement Unit involving Seminole County’s eight municipalities, the Sanford Airport Authority, the Sheriff of Seminole County, the Florida Highway Patrol, the Florida Department of Transportation-Motor Carrier Compliance, Seminole County-Traffic Engineering and CSX Railroad Police-Orlando Office of Special Agents.
Districts 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
Clerk's
Office
29. Approval of Expenditure Approval Lists, as shown on page ______, dated January 7 and 14, 2013; Payroll Approval Lists, as shown on page ______, dated January 3 and 17, 2013; approval of the BCC Official Minutes dated January 8 and 22, 2013; and, noting, for information only, the following Clerk’s “received and filed”:
1. Development Order #12-30000026, as shown on page ______, for Adnan and Iram Malik variances.
2. Letters to various citizens regarding appointments/reappointments to Planning & Zoning Commission, SCIDA, Historical Commission, Library Advisory Board, and Parks & Preservation Advisory Committee.
3. Copy of Board Liaison Appointments with letters to various organizations re: Commissioners that were chosen to serve as liaison representatives.
4. Copy of a Letter to Dr. Giovanni Vergel, DVM, re: reappointment to Seminole County Animal Control Board.
5. Work Order #97, as shown on page ______, to PS-1529-06.
6. Construction Design Services Agreement PS-8054-12, as shown on page ______, CPH Engineers for Seminole County Fallen Heroes Memorial, as approved by the Board on December 11, 2012.
7. Engineering Services Agreement PS-8072-12, as shown on page ______, Albeck Gerken, Inc. for Traffic Signal Retiming, as approved by the Board on December 11, 2012.
8. Amendment #1, as shown on page ______, to IFB-601314-12.
9. Work Order #11, as shown on page ______, to PS-2051-07.
10. Certificate of No Recall for Sanford Orlando Kennel Club, as shown on page ______.
11. Amendment #2, as shown on page ______, to Work Order #90 to PS-5120-02.
12. Amendment #2, as shown on page ______, to M-8230-12.
13. Work Order #83, as shown on page ______, to CC-1284-06.
14. Amendment #2, as shown on page ______, to CC-2190-07, Time Extension, One Source Roofing, Inc.
15. Amendment #2, as shown on page ______, to CC-2190-07, Time Extension, South, LLC.
16. Unauthorized Commitment for P-card Purchase from Public Safety.
17. Development Order #12-30000097, as shown on page ______, Viraphanh & Chindavone Ratanavong variance.
18. Title Opinion, as shown on page ______, and Performance Bond #76090131 in the amount of $104,628.84 for the project known as Carrigan Commercial Plat.
19. Amendment #24, as shown on page ______, to PS-332-96.
20. Work Order #24, as shown on page ______, to PS-1020-05.
21. Amendment #1, as shown on page ______, to Work Order #23 to PS-1020-06.
22. Change Order #3, as shown on page ______, to CC-7661-12.
23. Work Order #8, as shown on page ______, to PS-4906-09.
24. Associate Tennis Pro Agreements, as shown on page ______, for Craig J. Sheets and Robert Aaron Pierce; and Tennis Development Instructor Agreement for Derek Roth Neumann.
25. Tennis Developmental Instructor Agreement, as shown on page ______, for Brittany Ann Collins.
26. Contract for Services, as shown on page ______, for Chelsea Underwood.
27. Associate Tennis Pro Agreements, as shown on page ______, for Chelsea Underwood and Michael Koslik.
28. Head Tennis Pro Agreement, as shown on page ______, for Daniel Keating.
29. Assistant Tennis Pro Agreement, as shown on page ______, for Gregory S. James.
30. Contract for Services, as shown on page ______, for Deborah McMillan.
31. Associate Tennis Pro Agreements, as shown on page __N/A__, for Robyn Noel Suto.
32. Contract for Services, as shown on page _N/A_, for Deborah McMillan.
33. Associate Tennis Pro Agreements, as shown on page ______, for Robyn Noel Suto, John Sanders and Sergio Rivas.
34. Head Tennis Pro Agreement, as shown on page ______, for Brian Morrissey.
35. Assistant Tennis Pro Agreements, as shown on page ______, for Jason Thomas Louwsma, Sarah Linda Harkins, and Jason Ross Cordova.
36. Closeout, as shown on page ______, for Work Order #15 to CC-2183-07.
37. Amendment #2, as shown on page ______, to Work Order #1 to PS-6487-11.
38. Amendment #3, as shown on page ______, to Work Order #29 to PS-1529-06.
39. Certificate of Title, as shown on page ______, for Oviedo Crossing Phase 5.
40. RFQ-601545-12, as shown on page ______, PAY Program Counseling Agreement, LL Counseling, LLC.
41. Addendum #3, as shown on page ______, to Versailles PUD f/k/a Hawthorne Estates PUD Developer’s Commitment Agreement.
42. Restrictive Use Covenants, as shown on page ______, for Miller Construction Services, LLC and NVision Development Management Services, LLC.
43. Letter to County Commission Records from Geraldine Harford, Tax Deed Clerk, re: List of Land Available for taxes from tax deed sale.
44. Letter to County Commission Records from Sally Sheibenberger, Property Appraiser’s office, requesting a copy of ordinances relating to zoning changes for 2012.
45. Copy of letter to East Central Florida Regional Planning Council, re: appointment of Commissioners Horan and Constantine as liaison representatives to ECFRPC.
46. Work Order #30, as shown on page ______, to PS-2249-07.
47. Work Order #21, as shown on page ______, to CC-3321-08.
48. First Amendment, as shown on page ______, to RFP-600547-08.
49. Amendment #2, as shown on page ______, to Work Order #37 to PS-3914-08.
50. Work Order #97, as shown on page ______, to PS-5120-02.
51. Unauthorized Commitment to Work Order #27, as shown on page ______, to CC-2190-07.
52. Work Order #9, as shown on page ______, to RFP-5706-10.
53. Amendment #2, as shown on page ______, to Work Order 36 to PS-5160-04.
54. Amendment #3, as shown on page ______, to Work Order #86 to PS-5120-02.
55. RFQ-601545-12, as shown on page ______, PAY Counseling Agreements, Human Service & Resources & Associates, Inc. and Anthropos Florida Mental Health & Family Therapy Center, Inc.
56. Amendment #5, as shown on page ______, to IFB-600966-10.
57. U.S. 17-92 CRA Redevelopment Grant Agreement, as shown on page ______, for Great Falls Pass, LLC, as approved by the Board on January 10, 2012.
58. Amendment #1, as shown on page ______, to Work Order #37 to PS-3914-08.
59. Change Order #6, as shown on page ______, to Work Order #24 to CC-2183-07.
60. Work Order #7, as shown on page ______, to RFP-7423-12.
61. Amendment #2, as shown on page ______, to IFB-600321-08.
62. Customer Agreement, as shown on page ______, for Reclaimed Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement for WaWa Gas Station, Alafaya-Carrigan 1, LLC.
63. Head Tennis Pro Agreement, as shown on page ______, for Mick Andrews.
64. Assistant Tennis Pro Agreements, as shown on page ______, for Bryn Carson Auld; John Gegenheimer; Danielle Nickerson; Kristoffer Sawyer; Joanna Babyar; and Michael Paul Custer.
65. Bids as follows: IFB-601535-12; IFB-601536-12; and CC-8247-12.
Sheriff’s
Office
30. Approval to expend $2,000 from the Law Enforcement Trust Fund to provide for a contribution to the Boys and Girls Clubs of Central Florida.
31. Approval to contribute $2,000 from the Law Enforcement Trust Fund to provide funding in support of the Rising Achievers Program sponsored by the Rotary Club of Seminole County South.
Districts 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Henley, Lisa Spriggs, Sheriff’s Department, addressed the Board to respond that the contribution to the Boys and Girls Club is the first for this fiscal year and it is the annual amount that they routinely contribute.
REGULAR AGENDA (Continued)
Request to approve a Special Event Permit for the Wekiva Island Spring Fling Special Event being held from February 23 through March 24, 2013, The Wekiva Green Camp, LLC, was presented.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to approve the Special Event Permit for the Wekiva Island Spring Fling Special Event, from February 23, 2013 through March 24, 2013, The Wekiva Green Camp, LLC.
Districts 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S AND STAFF’S BRIEFINGS
Motion by Commissioner Carey, seconded by Commissioner Henley, to accept the Informational Budget Transfer Status Reports for Fiscal Years 2011-12 and 2012-13.
Districts 2, 3, 4 and 5 voted AYE.
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Jim Hartmann, County Manager, advised that yesterday all the Board members were provided a memorandum (copy received and filed) concerning Centennial Celebration events business items.
Mr. Hartmann stated the first item involves the liability coverage for the event. Commissioner Carey confirmed, for the record, that business vendors will be providing insurance certificates, and Mr. Hartmann added that the “mom and pops” and the community groups will be covered by the County’s insurance.
Mr. Hartmann explained the second item regarding signature authority and requested the Board authorize Joe Abel, Leisure Services Director, in accordance with Section 3.554, to have approval and signature authority of procurement related to the Entertainment Services Agreement and the Centennial Celebration Agreement for Services not to exceed $5,000.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the recommendation for the Liability Insurance Coverage and the Signature Authority through May 30, 2013, as outlined in the County Manager’s Centennial Event Business Items memorandum.
Districts 2, 3, 4 and 5 voted AYE.
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Mr. Hartmann reviewed the final item listed on the aforementioned memorandum regarding Beer & Wine Sales at the Centennial Festival on April 20, 2013.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the issuance of a permit to the Sanford Breakfast Rotary Club to sell beer and wine on County property on April 20, 2013 during the Centennial Event.
Under discussion, Commissioner Henley confirmed that the Sanford Breakfast Rotary Club will be responsible for the provision, sales and licensing and not the County.
Districts 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S
BRIEFING
County Attorney Bryant Applegate thanked Arnold Schneider, Assistant County Attorney, for his efforts on two major projects which included his expertise regarding the industrial revenue bonds and his work in getting that done in a timely manner, and the work that he has done with the Neighborhood Stabilization Program (NSP). Mr. Applegate stated that Mr. Schneider has done a remarkable job, and Vice Chairman Horan amplified those sentiments.
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Vice Chairman Horan recessed the meeting at 10:12 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize the filing of the proof of publication for this meeting's scheduled public hearing into the Official Record.
Districts 2, 3, 4 and 5 voted AYE.
PUBLIC HEARING
L & L ACRES PUD AMENDMENT AND
REZONE/Taylor
Morrison of Florida
Proof of publication, as shown on page ________, calling for a public hearing to consider a request for a PUD Amendment and associated Rezone from PUD (Planned Unit Development) to PD (Planned Development) to add 12 additional units to the development, on 116.74 acres located on the south side of Lake Mary Boulevard, east of Markham Woods Road, Taylor Morrison of Florida, received and filed.
Joy Williams, Planning and Development Division, addressed the Board to present the request. Ms. Williams stated that L & L Acres was approved in 2007 for 130 single family dwelling units. The Applicant is requesting an increase of 12 units for a total of 142 units. The additional units are proposed on the northeastern portion of the development, with a minimum lot size of 8,400 square feet. The one-acre and larger lots will be located along the western boundary.
Ms. Williams discussed the development’s compatible transition to the east and the north. She advised that the Applicant is also requesting some flexibility with the buffer components along Lake Mary Boulevard as well as proposing additional restrictions on the six-acre parcel adjacent to Lake Mary Boulevard and restricting any access to Linden Lake and Rice Lake. Ms. Williams stated that the Planning and Zoning Commission recommended approval of the request and advised that staff is recommending approval.
Ms. Williams stated that the County has received letters (received and filed) of support and opposition as well as support from the Heathrow Association.
Charles Madden, Madden Moorhead and Glunt, addressed the Board to state he is representing the Applicant, Taylor Morrison Homes.
Mr. Madden stated he will review five items in the new Development Order (D.O.) which are different from the 2007 Development Order, which is the approved Development Order in place today. A hard-line drawing (copy received and filed) of the layout of the development was displayed. Mr. Madden directed the Board to page 2 of the Development Order in their packet and indicated that the first change from the 2007 Development Order was Item B, which is a six-acre parcel that runs over to Markham Woods Road. In the original Development Order, that was to be a six-acre parcel that could be a horse farm and one single-family home. That has been modified to be permanent open space, which will be owned and maintained by a mandatory HOA.
Regarding Item C, Mr. Madden explained that in the 2007 Development Order, there were five one-acre lots on either Linden Lake or Rice Lake that would have access to the lakes. Taylor Morrison has agreed to prohibit any access to those two lakes, which was a request of the neighbors. Mr. Madden explained Item D is where they are asking for the additional 12 units. He pointed out on the map in the eastern portion of the property where the 12 additional units will be located He noted that they have not picked up one additional unit in the one-acre area that is against the west property owners and indicated that area is exactly the same as it would have been in the 2007 D.O. Regarding the additional units, he stated they are not asking for a reduction in the minimum lot size and explained they were able to pick up an additional 12 units with the current layout. He noted that on the property line, there are three-story condos, rental apartments, and commercial development and stated that they are transitioning over through the smaller lots to the one-acre lots to the west.
With regard to Item G, Mr. Madden stated there wasn't a minimum house size specified in the 2007 Development Order. It was requested that they volunteer a minimum house size of 2,000 feet, which has been added to the Development Order. With regard to Item R, Mr. Madden stated that previously there was a mandatory six-foot brick wall along Lake Mary Boulevard in the North buffer language. He explained that the “theme” that Taylor Morrison is after is more of a rural look. He displayed and discussed the Buffer Concept Sketch (copy received and filed).
Upon inquiry by Commissioner Carey, Mr. Madden indicated that the landscape plantings will be on both sides of the fence and in a tract dedicated to the HOA, so the HOA will be responsible for the maintenance. Mr. Madden explained that another concession that Taylor Morrison agreed to with the neighbors at Ravensbrook regarding Item R, the West treatment, is to include a Vibernum hedge wherever there are open site lines. Mr. Madden summarized that those are the only changes they are proposing from the 2007 Development Order.
Glenn Housman, 27 Windsor Isle, addressed the Board to state he lives on Windsor Isle approximate to this site. He pointed out that in 2007 when this same project was brought in front of the Commission and fully vetted, it was clear from all of the comments that 130 units was stretched out as far as anybody could get comfortable with. Some of the Commissioners at that time were adamant in their positions that they could not be comfortable with any density higher than 130 units. He discussed the reasons why the unit total is now 142. He stated that if the Board approves 130 units instead of 142 units, this project will still get done. He stated everyone has gotten comfortable with 130 units and he would prefer the Commission go back to where they originally were in 2007 and respect what was said and agreed to at that time and put it back on the two parties to find a way to make a deal.
Michele Hudson, 32 Windsor Isle Drive, addressed the Board to state she realizes development is inevitable; however her community values the wildlife that makes Seminole County and their specific area very special. They have gopher turtles, bear, deer, coyotes, and bald eagles. She is concerned as to what provisions are being made for the relocation or the ability for the wildlife to continue to be in the habitat. She stated she is asking the Commission to consider any accommodations to support the coexistence of wildlife by having expanded buffers, animal-friendly open fencing and fewer houses.
Upon inquiry by Commissioner Carey, Ms. Williams explained that the Applicant will be required to survey the property to determine if there are endangered species on site; and if there are endangered species, they will be required to relocate them.
Brad Gilman, 26 Windsor Isle Drive, addressed the Board to discuss his concerns with runoff from lawns that contain nitrates and phosphates that will go into the lake. He discussed the history of the lake. Mr. Gilman stated he knows change is inevitable but they bought the land because “there was green” and a live lake. He discussed his concern regarding the school situation. Since Taylor Morrison puts large homes on small plats, he stated he worries about the number of kids that will be going into the schools. He believes increasing the number of houses that will be allowed and knowing the builder will be putting the largest house that they can on the smallest land stamp means they are looking at a lot more kids and a lot more drainage into the lakes.
Susan Gilman, 26 Windsor Isle Drive, declined to speak.
Quentin Beitel, 4 Quail Run, addressed the Board to state he lives in the Ravensbrook subdivision. Mr. Beitel stated at one time, he was a member of the Board of Directors of the Markham Woods Association and was the only one on the board that really did not want the 130 homes. He stated he would concede today to 130 units with some conditions and some answers to some questions. With regard to the six-acre section, he stated he does not want to see a communications tower or something that would be detrimental to the open space. He explained why he is questioning the need for additional extra homes. Mr. Beitel expressed his concerns about the traffic. He stated that it appears there will be a left-hand turn lane off of Markham Woods Road into the subdivision. He envisions all of the non-residential traffic being backed up with construction going on. He wonders where the security gate will be and how deep into the subdivision it will be located just to keep that traffic off of Lake Mary Boulevard.
Commissioner Carey verified with Ms. Williams that there is only one access point to this development, which is off Lake Mary Boulevard, and that there is no access off of Markham Woods Road. Upon inquiry by Commissioner Carey, Ms. Williams confirmed there is one long access road on the plan.
Gray Hudson, 32 Windsor Isle Drive, addressed the Board to state he believes the 12 additional homes will just make a bad situation worse. He explained that with 142 homes and everybody having at least two cars, they will be running about 280 vehicles in the morning. He discussed the issues with making left-hand turns. His understanding at this point in time is traffic engineering has said, with the proximity of the entrance/exit so close to the existing Heathrow light, they are not planning on putting in a light. Mr. Hudson stated when all the people are coming home from work, the westbound left-hand lane will be one long, skinny parking lot waiting to turn. He discussed the turn lane that traffic engineering has said they plan to put in.
Mr. Hudson stated he understands schools are going through a major rezoning situation. He read and discussed the Utilization section on page 2 of the School Impact Analysis contained in the agenda packet. He stated as he understands it now, the current capacity for Heathrow Elementary is 869 and current enrollment as of the Census taken in October is 901. An additional number of students coming out of this neighborhood will make this very difficult on Heathrow Elementary.
Commissioner Carey stated that traffic and schools are always two issues that they look at. She noted they looked at other developments on Markham Woods Road as far as size and whether they have traffic lights. As far as Alaqua, Magnolia Plantation, Heathrow Woods, and Hanover Woods, which are all sizable communities, none of those have lights. At Commissioner Carey's request, Brett Blackadar, County Engineer, addressed the Board to discuss the threshold for warranting a light and stated that generally at a minimum you have to have at least 100 conflicting vehicles in the peak hour. He stated 140 homes would generally be one peak-hour trip in the afternoon and a little less in the morning which would be 140 to 150 peak-hour trips. However, that is inbound, outbound, west and east. He described the worst case scenario in the afternoon when people are coming home and stated 55 to 60 vehicles would be the most they would have turning into the development during the peak hour. He discussed the peak directions on Markham Woods Road and stated they do not anticipate much of a queuing problem. Even if there are 20 to 30 left turns in the morning, that is not near the capacity to need a signal.
Commissioner Carey pointed out that in reviewing the School Impact Analysis, there is a lot of capacity at both elementary, middle and high schools for this particular issue. At Commissioner Carey's request, Ms. Williams reviewed the School Impact Analysis. She stated the students generated by this project would be 32 for elementary school, 17 for middle school and 21 for high school and detailed the remaining capacity.
Commissioner Carey confirmed with Ms. Williams that any time Seminole County Public Schools (SCPS) gives the Board numbers and the Board approves a project, those numbers are counted whether the project is built or not and that the SCPS has already accounted for the 130 lots.
Daniel Coultoff, 245 Saddleworth Place, addressed the Board to state he is speaking on behalf of himself and his wife. Mr. Coultoff discussed when the developer of Heathrow came before the Board four years ago to move where the tennis club and pool were located in order to build extra lots. He stated behind Heathrow is Grand Oaks, which was approved and has not been completely built. If you walk along Markham Woods Road, there are half developed areas. He stated he believes the worst thing that can happen is to have something sitting out there with infrastructure, the project dies and they have ruined what is probably a treasure of Seminole County, the trail, which no doubt adds economic value to Seminole County. He stated he is confused as to why these projects keep getting approved and are not being built and they are rushing to approve this one. With regard to school concurrency, he stated Heathrow has been going through rezoning and one of the plans being discussed is sending some of the kids of Heathrow to attend Crystal Lake.
Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board to state he is representing the Heathrow Master Homeowners Association. Mr. Darrah stated he would first like to clarify that the density in Heathrow is nowhere near nine units per acre. Except for the multifamily homes, Barkley Place, the rest of Heathrow is about four units per acre or less with lots of open space. He explained that the 2,000-square-foot minimum size house was a discussion because the plans said 1,200-square-foot minimum. The developer accepted an offer from the Planning and Zoning Commission for 2,000. He pointed out that at a meeting he attended with the Markham Woods Homeowners Association and the developer, they said the minimum size would be 3,300 square feet. He stated, to put the record straight, that is what they claimed when they dealt with the neighbors.
Mr. Darrah described the wall that the Heathrow Master Association expected would be built along the corridor as it was originally included in 2007. He referenced the Buffer Concept Sketch and stated the columns in the upper sketch will probably be 25 feet apart with wooden rails and posts every 8 feet. He explained why they would prefer to see something other than wood. He discussed the opaque buffer. Mr. Darrah stated they do respect the fact that Taylor Morrison does want a different look. He believes the oak trees will satisfy the issue of having a beautiful boundary down Lake Mary Boulevard. With that and with the clarification that he has discussed today as to his understanding from the developer, Mr. Darrah stated the Heathrow Master Board does accept the project and does approve the buffer as it has been described to them.
Debra Wert, 20 Stone Gate South, addressed the Board to state she lives in Ravensbrook down by the southern pasture. Ms. Wert stated she wants to talk about some of the promises that have been made to her so that it is in the public record. An aerial photograph (received and filed) was displayed. Ms. Wert stated that Mr. Madden and Taylor Morrison have told her that they will provide a gate and indicated the location of the gate on the aerial map. She stated the gate would be open for mowing and for the residents to be able to walk their dogs on leashes. She was told that Taylor Morrison would put in their homeowners association covenants that there will not be the storage of RV's or boats on the 80-foot wide pasture and there would not be 4-wheel vehicle riding in the pasture. Ms. Wert stated that she has heard of a possible retention pond in this area. That has never been brought to her attention and it is not something she would want to see. Ms. Wert discussed the gopher turtle issue. She noted that it is her understanding that they would need to have an independent group go out and identify the gopher holes and relocate those turtles.
Upon inquiry by Commissioner Carey, Ms. Williams stated the Applicant will be required to have an independent survey done of the entire site to determine if there is any type of endangered species. They then provide the County with a report from that independent surveyor showing whether there are or are not any wildlife endangered species. At that point if there are endangered species, those would be relocated.
Tina Williamson, Planning and Development Division Manager, addressed the Board to state there are protections at both state and federal levels for the various species. Gopher tortoises are state protected. Eagles are federally protected. The Applicant will have to go through the Department of Environmental Protection and Florida Fish and Wildlife to get any permits to relocate any of the species or if there are any special restrictions for protecting the species during construction.
Mr. Madden stated that regarding the comments from Ms. Wert, they have agreed to a gate, leashes and no RV storage. They do anticipate the area to be open space. There is not enough room to have a wet retention pond but there could potentially be some dry stormwater storage. Upon inquiry by Commissioner Carey, Mr. Madden stated the area will be in a separate tract owned and maintained by the HOA.
Mr. Madden stated they are aware of the gopher turtles. They will be surveyed and relocated according to Fish and Game Standards. He stated they are aware of the environmental issues. If there is anything besides the gopher turtles, those will also be found.
Regarding the health of the lakes, Mr. Madden stated they are under strict guidelines through not only Seminole County but through St. Johns River Water Management District to control runoff and treat any runoff before it would enter waters of the state, which are those lakes.
Mr. Madden reiterated that all of the 12 additional units being proposed are against the east property line which is against the three-story condos, apartments and commercial development. They feel it is a legitimate request to add the units over there. They feel the 12 units will not cause a problem with schools, traffic or anything else.
Upon inquiry by Vice Chairman Horan, Mr. Madden advised that they had a community outreach meeting before the holidays and sent out over 250 mailers to surrounding residents. Additionally, they staked the cul-de-sac in the field for a few of the neighbors that were most affected in the Isles of Windsor so they could actually see where the cul-de-sac is proposed.
Commissioner Carey stated the County has ordinances that say if a lot is a certain size, then the minimum square footage is a certain size. It is not 2,000 square feet obviously for this size lot. She stated she has concerns to arbitrarily pick a number out of the air. Commissioner Carey stated that people may want to stay in the Markham Woods area but may not want to live on three acres with a 4,000-square-foot house. She is aware that the market drives the type and size of the product. Commissioner Carey asked Mr. Madden if he believes that 2,000 square feet is a reasonable minimum number or does he think it should be a smaller number to have flexibility. Mr. Madden stated the reason Taylor Morrison was comfortable with the 2,000 square feet is because their price point is going to be $600,000 and up. They were comfortable that even a 60-by-40, which for that price point would be a very expensive home, would be 2,400 square feet. A lot 75 feet wide by 120 to 130 feet deep in today's market is considered a larger lot.
Commissioner Carey asked Mr. Madden to explain where the 3,300 square feet comes in. Mr. Madden stated he believes there was a meeting and there was a number thrown out of an overall average throughout all of the lots. With some of the one-acre lots on the west side, they would potentially have a 5,500-square-foot home on them. He does not believe that anyone ever represented that a minimum house size would be 3,300 square feet. Mr. Madden explained how the original figure of 1,200 square feet came from the County's RT-1 code. He stated whether it is 1,200 square feet or 2,000 square feet, they were trying to be good neighbors and trying to keep everyone happy.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Carey advised that she has had ex parte communications with a number of people. She noted that she has received e-mails from nine different people. A document outlining the ex parte communications was received and filed. She stated she has received telephone calls from Glen Housman, Delores Lash, and Martin Comas and has had meetings with staff and with Mr. Madden and his client. She has a meeting scheduled with Mr. Houseman.
Commissioner Carey advised that as a Commissioner, she does not look at land costs or who is profiting. She considers compatibility. She stated she loves the property as much as the community does. She described how people came out in opposition when Heathrow was developed, when Alaqua was developed, and when Alaqua Lakes was developed. Nobody ever wanted to see the property get developed, but the reality is the County does not own the property. She stated her job is to look at compatibility. This particular piece of property is sandwiched between commercial and apartments and one-unit per acre product over on the Markham Woods Road side. She is pleased to see that they have continued to buffer the one-acre product with one-acre product. She discussed the 6-acre site on the corner and the 80 feet at the south end of the property, which are being preserved as open space, and some of the concessions that the developer has agreed to.
With regard to the minimum home size, Commissioner Carey stated she has concerns about the 2,000 square feet and will not make that one of the conditions of the Development Order. She advised she will put in a number but it won't be that number. With regard to the wildlife being able to traverse across the backyards in all of the neighborhoods, Commissioner Carey stated they need to be able to get through fences. Brick walls are not a good thing when you are trying to deal with wildlife corridors. She was pleased to see the artist rendering which shows there will be a fence with stone columns.
Commissioner Carey stated she believes this is a reasonable plan. She noted that it is unfortunate that this is not going to be a park. When she was first elected to office, she went back to the owners of the property and asked if they could talk about their earlier request that for 20 acres of commercial, they would donate the rest to be a park. Commissioner Carey recounted that had been put on the table with her predecessor, who would not bring it forward.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt the Ordinance 2013-9, as shown on page _______, enacting a Rezone from PUD (Planned Unit Development) to PD (Planned Development); and approve the associated Master Development Plan and Revised Development Order, as shown on page _______, for 116.74 acres, located on the south side of Lake Mary Boulevard, east of Markham Woods Road, with Item G, the minimum house size, being changed from 2,000 square feet to 1,800 square feet, as described in the proof of publication, Taylor Morrison of Florida.
Under discussion, Commissioner Henley stated that he has had one meeting with Mr. Madden and letters of opposition and support (copies received and filed), which will be given to the Clerk. He noted that he had two conversations early on with Mr. Paulucci, who was interested in donating the property to the County if the County would develop it into a park named after his wife. Commissioner Henley stated his reaction was that the County would like to sit down and work something out. Commissioner Henley's successor at that time did not pursue it. Eventually, Mr. Paulucci withdrew his offer. Commissioner Henley stated there is a proposal before the Board that he believes is reasonable and will support the District Commissioner's recommendation.
Commissioner Henley confirmed with Mr. Madden that he had no problem with Commissioner Carey’s requested change.
Commissioner Constantine announced that he had some meetings with a representative of Taylor Morrison. He also had letters and e-mails (copies received and filed) from residents concerning this.
Commissioner Constantine noted that he was not on the Board when this was vetted in 2007 but he has done a great deal of research going back in the discussions. What he found was back in 2007 there was a lot of disagreement in relation to this property. Ultimately the number of 130 was agreed upon. He stated with all due respect to the property developers today and some of what they call concessions, what he calls improvements, he sees no reason to add 12 units and has heard no compelling argument that the 12 units are necessary to make this project better. He indicated he will be voting against the motion and is in favor of 130 units.
Vice Chairman Horan advised that he has had several ex parte communications concerning this particular application. He met with Mr. Madden and a representative of the Applicant who basically went through a presentation very similar to the presentation that was made here today. He also had similar ex parte communications that came to his office. He does not believe he received any phone calls but believes he received the same that have been submitted into the record.
Vice Chairman Horan stated that his decision today is based upon the evidence and the testimony that he heard here today and believes there is substantial, competent evidence to support the rezoning of this particular property and the approval of the Master Development Plan. He discussed the minimum house size requirement.
Districts 2, 4 and 5 voted AYE.
Commissioner Constantine voted NAY.
CHAIRMAN’S REPORT
No Report.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Notice of Public Hearing dated January 22, 2013 from St. Johns River Water Management District regarding Florida Forever Work Plan Annual Update. (C: BCC, Environmental Services)
2. Letter w/attachment dated January 23, 2013 from Andy Walker, Florida Department of Business Professional Regulation, to Seminole County Board of County Commissioners regarding alcoholic beverage license fees collected during the period October 1 through December 31, 2012. (C: Resource Management Department)
3. Letter dated January 25, 2013 from Larisa Perry, Wells Fargo Bank, to Commissioner Bob Dallari regarding Wells Fargo’s NeighborhoodLIFTSM program to support key initiatives in the City of Orlando.
4. Copy of letter dated January 29, 2013 to Senator David Simmons, Tallahassee, Florida, from Chairman Robert Dallari regarding Proposed Florida Regional Expressway Authority Legislation. (C: BCC; Ananth Prasad, Secretary, FDOT)
5. Letter dated January 28, 2013 from Diane Pickett Culpepper, Bright House Networks, to Commissioner Bob Dallari regarding launching of the Switched Digital Video (SDV) programming. (C: SGTV; CM; Michael Champagne, Bright House Networks)
6. Letter dated February 1, 2013 from Diane Pickett Culpepper, Bright House Networks, to Commissioner Bob Dallari regarding pricing adjustment beginning March 1, 2013. (C: SGTV, CM, Michael Champagne, Bright House Networks)
7. Notice to Abutting Property Owners dated February 4, 2013 from the City of Lake Mary regarding zoning approval to DNL Hydronics, Inc./David Lerch to conduct a home occupation for a business to include sales-manufacturer rep. located at 630 Pugh Street, Lake Mary, FL. (C: BCC, Economic & Community Development Services)
8. Notice of Community Meeting dated February 5, 2013 from Charles Madden, P.E., Madden, Moorhead & Glunt, Inc., regarding Markham Road Property located at the north side of Markham Road, east of Longwood Markham Road. (C: BCC, Economic & Community Development Services)
9. Notice of Public Hearing received February 6, 2013 from the City of Lake Mary to consider a Final Planned Unit Development and Preliminary Subdivision Plan related to the Waterside Development located south of Lake Mary Boulevard at the east end of Big Lake Mary. (C: BCC, Economic & Community Development Services)
10. Copy of letter w/attachment dated February 5, 2013 from Chairman Bob Dallari to Senator David Simmons, Tallahassee, FL regarding House Bill 257/Senate Bill 502. (C: BCC)
11. Letter dated February 9, 2013 from Kenneth Peach, Health Council of Central Florida, to Commissioner Bob Dallari regarding new programs that improve health delivery and outcomes in Brevard, Osceola, Orlando and Seminole Counties.
12. Copy of letter dated February 7, 2013 from James McNeil, Akerman Senterfitt, to Bryant Applegate, Seminole County Attorney’s Office, regarding Dispute Regarding Flooding Problems and Fencing/Gate Issues Involving Lake Gregg Cove. (C: BCC, Public Works/Engineering)
13. Letter dated January 28, 2013 from Don
Peterson, Black Hammock Homeowner’s Association, to Commissioner Bob Dallari
regarding requesting evening meeting for Black Charm/Florida Avenue Subdivision
Project. (C: BCC)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Constantine detailed the meetings that he attended over the past several weeks as follows: Metro Orlando Economic Development Commission Board meeting, Seminole County Convention and Visitors Bureau, Sanford Airport Authority Board meeting, and CALNO Board meeting.
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Commissioner Constantine announced the Speak Up for Wekiva Rally at Wekiva Springs State Park will be on February 16 from 10:00 a.m. to 4:00 p.m. with former Governor and U.S. Senator Bob Graham and others from the Florida Conservation Commission present. They will speak up not only for Wekiva River but for all springs in the state of Florida. Commissioner Constantine stated that the Rally, specifically the League of Women Voters, the Friends of the Wekiva, and Wekiva Island are looking for help in advertising. In talking to the County's Visitors Bureau and Economic Development, he believes that there are opportunities to send out e-mails about this. Commissioner Constantine requested that the Board consider this as far as a sponsorship.
Commissioner Carey stated that on Fridays, Tourist Development updates their website regarding upcoming events and sends out an e-mail blast.
Commissioner Constantine stated that in talking to John Krug, Economic Development, he learned there are opportunities they would have to announce this. This is a great asset that they have and he would really like to see the County get behind it. He stated he is not asking for money but is asking for help in getting out the information.
Vice Chairman Horan clarified with Commissioner Constantine that he is requesting that they use whatever resources and contacts they have through the County to promote this event.
Commissioner Carey stated that she believes the only medium they would have for this is the Tourist Development newsletter. She stated in her office, she personally subscribes to Constant Contact and uses that to communicate with her constituents. She suggested if Commissioner Constantine has something electronic and sends it to her, she will be happy to forward it to her database.
Commissioner Constantine stated he does not want to preclude anything if there are other opportunities.
Vice Chairman Horan stated there are a series of events that are going to occur and he is sure that Mr. Hartmann, through his staff, can figure out an appropriate way through the resources in the County to promote the events. He stated he does not have a problem with that and does not believe there needs to be a motion.
Commissioner Carey stated she loves these events but also believes it can be a slippery slope if everyone that has an event starts to come to the Board wanting the County to promote their events. She wants the Board to be careful not to get into that situation as well. She stated that certainly all of them who have supported the environment and Wekiva over the years would be happy to help.
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Motion by Commissioner Henley, seconded by Commissioner Carey, to reappoint John Lommerse to the Agricultural Committee for a one-year term, by Resolution #2013-R-69, as shown on page _______; and appoint John May to the Parks & Preservation Committee to an unexpired term ending January 2015, by Resolution #2013-R-70, as shown on page _______.
Districts 2, 3, 4 and 5 voted AYE.
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Commissioner Carey announced that tomorrow, February 13, is the Wekiva River Basin quarterly commission meeting. She stated she will be there as the Governor's appointee along with Commissioner Constantine, the chairman of the commission.
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She announced that the State of the Region luncheon will be held at the Sanford Zoo on February 14. The luncheon is being hosted by the Sanford Chamber of Commerce.
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Commissioner Carey wished everyone a Happy Valentine’s Day.
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Commissioner Carey noted that February 18 is Presidents' Day and advised there are some celebrations around town with some of the veterans groups.
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Commissioner Carey reminded everyone that the next Centennial event, the Historic Oviedo Walking Tour and Pancake Breakfast, will be held on February 16 from 8:00 a.m. to 10:30 a.m. at the First United Methodist Church.
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Vice Chairman Horan stated that back on January 25 he attended a meeting with the Governor, who was here to celebrate Hernon Manufacturing, a wonderful manufacturing business in Sanford. The Governor was here to promote an initiative to remove a special tax that the State of Florida imposes on purchases for manufacturing companies. Hernon, which was founded in 1990 and has been headquartered in Sanford since 1990, would have saved $15,000 to $20,000 during a recent expansion if this tax were not in effect.
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Vice Chairman Horan advised that he attended the Seminole County Regional Chamber of Commerce Business Expo. He stated it was one of the biggest expo's they have had in recent years and noted there were 94 exhibitors.
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Vice Chairman Horan stated he attended the opening of Seminole Behavioral Healthcare's Sedona House which is a clubhouse concept for the mentally challenged and other people suffering from mental illness.
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Vice Chairman Horan noted that he attended the Boys and Girls Club of Central Florida event in Orlando where Steve Harriett, Deputy Chief with the Seminole County Sheriff's Office, received the 25-year service award.
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Vice Chairman Horan stated he is the County's representative on the Transportation Disable Local Coordinating Board of MetroPlan. He indicated he has forwarded to the Commissioners' offices information that was just disseminated from MetroPlan concerning transportation disabled alternatives that are available for people who are disabled or elderly. He encouraged everyone to disseminate the information as much as possible. It is amazing how many people do not know that there are particular alternatives and resources available.
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Vice Chairman Horan stated that the Centennial book authored by Jim Robison is now in the final stages of editing and will be available for purchase in April. A copy can be reserved now by contacting his office or by contacting Amy Lockhart, the coordinator for the Centennial events. Upon inquiry by Commissioner Carey, Vice Chairman Horan updated the Board on the book's presale and advised that several hundred copies have been presold.
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Commissioner Carey reminded everyone that the State of the County is coming up on February 27 in case anyone wants to reserve a seat. It will be held at the Westin Lake Mary.
COUNTY MANAGER AND STAFF BRIEFINGS
Jim Hartmann, County Manager, stated that the Sanford Chamber of Commerce requested that he make a few comments at the State of the Region on February 14 at the Zoo. He stated he is optimistic about the County's bright future.
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Mr. Hartmann reminded the Board that he and Joe Forte, Deputy County Manager, will be out of the state over the weekend and on Monday. Tad Stone, Public Safety, will be covering their responsibilities during that time.
COUNTY ATTORNEY’S
REPORT
Bryant Applegate, County Attorney, pointed out that he distributed a Project Summary (copy not received and filed), which is a report of the activities in his office by each attorney over the last two weeks and he asked the Commissioners to review it. He hopes to provide this report on a regular basis so the Board will have an idea of what is going on. It will also give the Commissioners a chance to inquire about an item.
DISTRICT
COMMISSIONERS’ REPORTS (Continued)
Vice Chairman Horan advised that beginning on February 19, he will have a University of Central Florida (UCF) student, Emily Schaffer, job shadowing him and working as an extern. He suggested to the Board, if they have a project and have the need for an extern, do not hesitate to utilize her.
Commissioner Constantine described the interns from UCF that he has had ever since he was elected to the House. He currently has two interns from Public Administration in his Altamonte office. He noted that if any Commissioner needs extra help, he knows that the University would be happy to accommodate them.
ITEMS FOR FUTURE AGENDA
Mike Macaluso, 3172 Greenwood Street, addressed the Board to explain that he found information over a year ago and wondered why Seminole County was part of a United Nations Summit Commission called Agenda 21. Mr. Macaluso described what Agenda 21 is and those who oppose it. He stated that Seminole County is one of hundreds of communities around the country that could potentially relinquish their sovereignty.
Upon inquiry by Vice Chairman Horan, Mr. Macaluso stated he found the information that he is discussing on the United Nations website over two years ago and he has been doing research and keeping up with the issue.
Vice Chairman Horan stated he gets a lot of inquiries regarding this. Apparently a number of years ago before he got into office and unbeknownst to his colleague, the County had a consultant who suggested certain types of standards be incorporated by reference into their Comprehensive Plan. That Comp Plan, in a tertiary reference, referred to Agenda 21. That particular consultant is no longer employed by the County. Upon inquiry by Vice Chairman Horan as to whether or not that particular provision has been removed from the Comp Plan, Mr. Forte advised he is not sure if that portion has been removed yet. He stated it was intended to be removed. Mr. Forte stated the County was also involved in Agenda 21 in regard to grants. A consultant had recommended using a certain program to track the grants. They terminated the program.
Vice Chairman Horan advised that as far as this Commission is concerned, from what he understands from his colleagues, Agenda 21 has nothing to do with any considerations that he considers in rezoning applications and acting in a public policy situation.
Nicolle Guillet, Economic and Community Development Services, stated there was a reference to a particular software that somehow is connected to Agenda 21. The County no longer has a subscription to that software. She stated she does not believe the term "Agenda 21" is mentioned anywhere in the Comprehensive Plan.
Commissioner Carey stated the County is not a member of the United Nations Agenda 21 plan. She requested that staff confirm that Seminole County's name is not out there. Mr. Macaluso stated that Seminole County is listed on the United Nations website. Mr. Applegate advised that his office will take care of that.
Mr. Hartmann stated he is online and Seminole County's name has been struck from the list but the name still shows. There are a number of other names that have been struck through.
Commissioner Henley stated he is familiar with Agenda 21 and advised that the Board has never voted to join the United Nations proposal. He noted there are underlying reasons for some of the things they are promoting and reasons to be concerned. He suggested it would be well if the federal government would become more familiar with it.
Mr. Macaluso thanked the Board for their answers and stated he will continue looking into more information. He hopes that Seminole County has never been part of it or is removed from it. Upon inquiry by Mr. Macaluso, Vice Chairman Horan stated he could follow up with Mr. Forte or Ms. Guillet.
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Don Peterson, 3585 Canal Street, addressed the Board to state that he is representing the Eastern Rural Coalition, the Chuluota Rural Association, the Black Hammock Association and the Black Hammock Preservation and Historic Foundation. Mr. Peterson distributed a letter (copy received and filed). He advised that he is making a formal request to change the Board of County Commission meeting time for the February 26 meeting to an evening agenda. He believes this item has been moved three times during the process of bringing it forward. Through no fault of the County, many folks have come only to find out there is no meeting. They think it only just that they receive consideration. This is about everyone in the rural areas, especially Black Hammock, having what In-Dev is proposing explained and what the transition and violation of the rural boundary will mean.
Commissioner Carey confirmed with Mr. Applegate that when the County went to public hearings in the afternoon, there was a provision that if the district commissioner wanted to request an evening meeting, that could happen.
Vice Chairman Horan stated this item is in District 2 and advised that he would not be in favor of changing the meeting time.
Commissioner Constantine asked if they had an evening meeting, would they have a 9:30 a.m. meeting and then come back at 6:30 p.m. Commissioner Carey stated if there are other public hearings, they would conduct their normal afternoon session and then have whichever hearing had been requested as the only item on the evening agenda. She explained why the County changed from having public hearings in the evening to having them in the afternoon.
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John Casselberry, 700 South Lost Lake Lane, addressed the Board to discuss a television report about the algae in the Wekiva area. Within the last six months, he has seen reports and read newspaper articles about Silver Springs having something similar. Mr. Casselberry stated he was told by a “well man” that if the wells weren't pumping at any particular time, they all had the same level above sea level, which is the water table. If they are going above that level, they have got some kind of artesian pressure coming from deeper. He discussed the control structure at Sanlando Springs and how they drain the springs and clean the sand. He believes Sanlando is the only spring that has a control structure.
Mr. Casselberry suggested that the Board should consider looking at controlling the flow that comes out of the springs so they are always able to flow and stated they could conserve water.
Vice Chairman Horan summarized Mr. Casselberry's point as being the concern that these particular springs are basically uncontrolled. He stated there are a lot of regulations regarding groundwater in a number of different areas. Vice Chairman Horan informed Mr. Casselberry that his thought that it might be uncontrolled may not necessarily be correct. He encouraged Mr. Casselberry to get in touch with the St. Johns River Water Management District with regard to this issue.
Mr. Casselberry stated the point that he was making is the Board should consider studying the springs and putting control structures on them and then drawing the water that they would draw from the St. Johns out of the Wekiva instead because it is much cleaner water.
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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:23 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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