BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
FEBRUARY
22, 2011
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
22, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman Brenda Carey (District
5)
Vice Chairman Carlton Henley
(District 4)
Commissioner Bob Dallari
(District 1)
Commissioner John Horan
(District 2)
Commissioner Dick Van Der Weide
(District 3)
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Pastor
Wayne Thomas, GracePointe Church of the Nazarene, Sanford, gave the Invocation.
Commissioner Van Der Weide led
the Pledge of Allegiance.
County Manager’s Consent Agenda
Mr. Forte advised staff is
pulling from the agenda Item #12, renewal of the Memorandum of Agreement
No. AQ166 for Landscape Maintenance and Resolution, in order to get some required
DOT language clarified.
Motion by Commissioner Dallari, seconded by Commissioner
Henley, to approve and authorize the following:
County Manager’s
Office
Purchasing &
Contracts Division
1. Approve the
fourth (final) renewal for multiple Consultants under PS-1529-06/DRR - Master
Services Agreements for Continuing Engineering Services for Capital Improvement
Projects.
Central Services
Support Services
Division
2. Approve and
authorize the Chairman to execute the Second Amendment, as shown on page
_______, to the Seminole County/Oaks At Lake Mary, LTD./Oaks
Out, LLC Joint Facilitation of Public Infrastructure Agreement dated September
1, 2009.
Community
Services
Business Office
3. Approve and authorize the Chairman to
execute the Community Based Care of Central Florida, Inc. Agreement, as shown
on page _______, with Seminole County to implement the Substance Abuse and
Mental Health Services Administration's Child Mental Health Initiatives Grant
Program.
4. Approve and
authorize the Chairman to execute a Mortgage Modification Agreement, as shown
on page _______, with Ms. Jeania Hall assisted under the County's SHIP
Homeowner Rehabilitation Program.
Community
Assistance Division
5. Approve and
authorize the Chairman to execute the Neighborhood Stabilization Program 3
(NSP3) Standard Form 424 and Action Plan, as shown on page _______; and
authorize staff to submit all required documents to the U.S. Department of
Housing & Urban Development (HUD).
6. Approve and authorize the Chairman to execute the Subrecipient Agreement,
as shown on page _______, between Seminole County and the Seminole County
Housing Authority.
7. Termination of the Seminole County SHIP Program Senior Citizen
and/or Disabled Persons Rental Housing Development Subrecipient Agreement with
Redleaf Equities, LLC and authorization for the Director or designee to send
official notice thereof to Redleaf Equities, LLC.
Fiscal Services
Budget Division
8. Approve and
authorize the Chairman to execute appropriate Resolution #2011-R-30, as shown
on page _______, implementing Budget Amendment Request (BAR) #11-34 through the
Fire Protection Fund in the amount of $70,000 to establish a child project and
increase the budget for Fire Station 43’s Fuel System by $15,000.
9. Approve and authorize
the Chairman to execute appropriate Resolution #2011-R-31, _______, as shown on
page _______, implementing Budget Amendment Request (BAR) #11-36 through the
2001 Infrastructure Sales Tax Fund in the amount of $170,000 to establish a
project to purchase an easement, redesign, and construct a drainage outfall on
Howell Creek Dr.
10. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-32, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-37 through the Public
Works Grant Fund in the amount of $33,689 to carry forward grant funding for
the efficiency monitoring of Elder Creek, Navy Canal, and Cameron Regional
Stormwater Facilities.
Growth
Management
Planning &
Development Division
11. Adopt and
authorize the Chairman to execute appropriate Resolution #2011-R-33, as shown
on page _______, to vacate and abandon a portion of a platted water utility easement
as shown on the plat of Shoppes at Clayton's Crossing, recorded in Plat Book 73,
Pages 55 through 59 of the Public Records of Seminole County.
Leisure Services
Greenways &
Natural Lands Division
12. Pulled from the agenda the
request to approve and authorize the Chairman to execute both the renewal of
the Memorandum of Agreement No. AQ166 for Landscape Maintenance on the I-4/17-92
Interchange as prepared by the Department of Transportation (FDOT) and the
proposed Resolution attached as Exhibit "A" to the Memorandum of
Agreement.
13. Approve and
authorize Chairman to execute Memorandum of Agreement, as shown on page
_______, with the Florida Department of Agriculture and Consumer Services,
Division of Forestry.
Public Works
Engineering
Division
14. Appointment of Sanford City
Commissioner Patty Mahany to serve as a Municipal Representative on the
Seminole County Expressway Authority Board succeeding Sanford City Commissioner
Art Woodruff.
15. Approve and
authorize the Chairman to execute a Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida - Sovereignty Submerged Lands
Easement, as shown on page _______, in conjunction with the State Road 434
Sediment Basin Little Wekiva River Drainage Project.
Districts 1, 2,
3, 4 and 5 voted AYE.
County Attorney’s Consent Agenda
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and
authorize the following:
16. Approval of a
proposed negotiated settlement relating to Parcel Number 700 on the road
improvement project for Lake Emma Road. The proposed negotiated settlement is
at the sum of $38,000.00 inclusive of all land value, improvements, cost to
cure, damages, statutory interest, total attorney's fees, expert fees, cost reimbursements
and non-monetary benefits. In addition,
the settlement involves the County granting an Easement, as shown on page
_______, over a County driveway for IPK, Inc. to have full ingress and egress access
to its property.
Districts 1, 2,
3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by Commissioner Van Der Weide, seconded by
Commissioner Henley, to approve and authorize the following:
Clerk's Office
17. Approval of Expenditure Approval
Lists, as shown on page _______, dated January 25 and 31, 2011; and Payroll
Approval List, as shown on page _______, dated January 20, 2011; and approval
of the BCC Official Minutes dated January 25, 2011.
Sheriff’s Office
18. Approval by the
Board of County Commissioners to expend $5,000 from the Law Enforcement Trust
Fund to provide for a contribution to the Florida Sheriffs Youth Ranches, Inc.
19. Approval by the
Board of County Commissioners to expend $25,000 from the Law Enforcement Trust
Fund to provide for a contribution to the Central Florida Council, Boy Scouts
of America.
Districts 1, 2,
3, 4 and 5 voted AYE.
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The Board noted, for information only, the
following Clerk's "received and filed":
1. Parks Contracts for Services, as shown on
page _______, as follows: Gerald Duane
Smith, Softball Umpire; Gerald Ryder, Softball League Umpire; Ron Coleman,
Tennis Tournament Official; Tom Dallinga, Tennis Tournament Official; Karen
Fay, Tennis Tournament Official; and Margaret Schavemaker, Tennis Tournament
Official.
2. City
of Oviedo Notice to Taxing Authorities regarding adoption of Ordinance 1510.
3. Letter
to Jane Spencer, County Clerk’s Office, from Seminole County Property Appraiser
requesting copies of ordinances for any zoning changes or land use changes
within a PUD that occurred in 2010.
4. Recorded
Release of Lien, as shown on page _______, for Jeffrey S. Barton, Case No.
09-145-CEB, as presented to the BCC on November 9, 2010.
5. RFP-600958-10
Flexible Spending Account Agreement, as shown on page _______, approved by the BCC on September 15, 2010.
6. Developer’s
Cash Completion Bonds and Escrow Agreements, as shown on page _______,
for Howell Branch Cove, Ltd.,
Water & Sewer Improvements ($270,303) and Road Improvements ($440,413.60),
per final plat approval by the BCC on January 25, 2011.
7. Title
Opinion, as shown on page _______, for Hanover Pointe Replat.
8. BOA
Development Order, as shown on page _______, for David & Diana Nieves, 1217 Lake Lucerne Circle.
9. Work
Order #23, as shown on page _______, for RFP-0013-05.
10. Change Order #3, as
shown on page _______, to
CC-5225-10.
11. Amendment #6, as shown on page _______,
to Work Order #56 to PS-1529-06.
12. Work Order #22, as shown on page _______,
to PS-4388-09.
13. Change Order #1, as
shown on page _______, to Work
Order #25 to CC-2184-07.
14. Amendment #2, as shown on page _______,
to Work Order #1 to RFP-5465-10.
15. Amendment #1, as shown on page _______,
to Work Order #83 to PS-5120-02.
16. Amendment #3, as shown on page _______,
to Work Order #1 to PS-4906-09.
17. Amendment #1, as shown on page _______,
to Work Order #69 to PS-1529-06.
18. Amendment #1, as shown on page _______,
to IFB-600890.
19. Work Order #21, as shown on page _______,
to PS-4388-09.
20. Closeout, as shown on page _______,
to Work Order #53 to CC-1284-06.
21. Change Order #1, as
shown on page _______, to Work
Order #49 to CC-1075-06.
22. Work Order #51, as shown on page _______,
to PS-5174-04.
23. Amendment #4, as shown on page _______,
to Work Order #69 to
RFP-4214-04.
24. Change Order #5, as
shown on page _______, to
CC-4626-09.
25. Amendment #4, as shown on page _______,
to IFB-600325-08.
26. Work Order #29, as shown on page _______,
to PS-5175-04.
27. Work Order #30, as shown on page _______,
to PS-5175-04.
28. Closeout, as shown on page _______,
to CC-4923-09.
29. IFB-601037-10/SMS Systems Maintenance Services, as
shown on page _______.
30. IFB-600949-10/Chinchor Electric, Inc. &
Rohl Networks, LP, as shown on page _______.
31. Bids as follows: RFP-5706-10; RFQ-601041-10; and CD’S for
CC-5931-10, CC-5631-10, CC-5554-10, CC-5682-10, RFP-5465-10, CC-5083-10, RFP-5706-10 & RFP-6174-10.
REGULAR AGENDA
Chairman Carey advised that Item #20, Final Plat for
Colonial Townpark Replat, will be heard this afternoon after Item #30 on the
Public Hearing Agenda.
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Joy Williams, Planner, addressed the Board to present
request for reduction of the Code Enforcement Board lien which totals
$74,250.00 for Case #09-61-CEB on the property located at 1041 Princess Gate
Blvd., Winter Park; Ahmed A. & Naila Harara (previous owners), Federal
National Mortgage Association (current owner); George Philbeck, Keller Williams
Advantage II Realty. Ms. Williams gave a
history of the case. She advised that
due to the fact the Wells Fargo Bank filed a lis pendas prior to the notice of violation, they received a copy of all notices for this
case. She explained the property was
foreclosed on and the Certificate of Title transferred ownership of the
property to the Federal National Mortgage Association on January 29, 2010, extinguishing
the existing lien. However, since the
property was not in compliance, the lien began to accrue again from this date
at $250 per day. An affidavit of
compliance was reissued after reinspection on Nov. 4, 2010, and the lien totals
$74,250 for 297 days of non-compliance.
Since the bank received all the notices for the case and was aware of
the Code Enforcement case and lien, staff is recommending denial of the request
for reduction of the lien.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to deny reduction of the
Code Enforcement Board lien which totals $74,250.00 for Case #09-61-CEB on the
property located at 1041 Princess Gate Blvd., Winter Park; Ahmed A. & Naila
Harara (previous owners), Federal National Mortgage Association (current
owner); George Philbeck, Keller Williams Advantage II Realty; and authorize the
Chairman to execute the Release of Lien upon payment in full.
Under discussion, District Commissioner
Dallari stated he did not see any real action or good faith on anyone’s part to
remedy this situation. Chairman Carey
said she agrees. Commissioner Dallari added
he doesn’t see any reason why the Board should be lenient at this time.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to schedule and advertise
a Public Hearing for adoption of an Ordinance amending
Chapter 20, “Animals and Fowl,” of the Seminole County Code by the addition of Section
20.39, "Use of a Fixed-Point Restraining Device," was presented for
consideration.
Motion
by Commissioner Dick Van Der Weide, seconded by Commissioner Henley, to approve
the request to schedule and advertise a
Public Hearing for adoption of an Ordinance amending Chapter 20,
“Animals and Fowl,” of the Seminole County Code by the addition of Section
20.39, "Use of a Fixed-Point Restraining Device.”
Under discussion,
Commissioner Horan stated he thinks some of the language of the proposed
Ordinance can be clarified. He explained
his problem, particularly with Items (e) and (f), is that they seem to indicate
law enforcement officers will be weighing and measuring dogs, which makes the
Ordinance difficult to enforce. He said
a similar ordinance was passed in Pembroke Pines that has fewer requirements
than the proposed ordinance. He has no
problem with advertising it, but he has some difficulty with the enforceability
of some of the provisions.
Tad Stone, Public Safety
Director, addressed the Board to state that while he understands Commissioner
Horan’s concerns, this Ordinance is fairly consistent with the one in Orange
County and they have had limited difficulty in trying to determine the measuring
and the weights, and those types of things.
Orange County has said it’s been a positive thing for them. He said if they have an issue, staff will
have to go back and take a look at the Ordinance.
Commissioner Horan stated on
the weight of the dog and trying to determine how long the tether should be, he
thinks if the provision just says the tether has to be at least 10 ft. long, no
matter how big the dog is would probably be better to enforce. He said if staff could put something simple
in for Items (e) and (f) saying (for example) that the tether has to be at
least 10 ft. long and they have to have access to clean drinking water and
shade. He said he can’t see law
enforcement officers actually going out and measuring the dog. He stated he actually drafted some language
(copy received and filed), but did not have an opportunity to get that to
staff. Discussion ensued.
Commissioner Dallari
stated he has a problem with the proposed Ordinance also for
enforceability. He would like to have
things stated as maximums or minimums.
Whereupon, Chairman Carey said the consensus of the Board is to have the
Ordinance edited to have the language changed to say 10 ft., a flat amount, and
not so much per foot per pound of the dog, and simplify it. The Board had no objections to staff bringing
this back after the edits are done.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to continue to March
8, 2011, the request to schedule and advertise
a Public Hearing for adoption of an Ordinance amending Chapter
20, “Animals and Fowl,” of the Seminole County Code by the addition of Section
20.39, "Use of a Fixed-Point Restraining Device.”
Districts 1, 2, 3, 4 and 5 voted AYE.
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Brian Walker, Senior Planner,
addressed the Board to present request for a Special Event Permit for
a fundraiser for the Wekiva Wilderness Trust at Wekiva Island (The Wekiva Green
Camp, LLC). He gave the background
information provided in the staff’s report describing the event, with
amplification of sound, to be held March 7 through March 12, 2010, with the
schedule of hours as follows: Monday,
8:00 a.m. to 11:00 p.m. with music from 6:00 p.m. to 10:00 p.m.; Tuesday, 8:00
a.m. to 11:00 p.m. (no music); Wednesday, 8:00 a.m. to Thursday, 12:00 a.m.
with music from 8:00 p.m. to 11:00 p.m.; Thursday, 8:00 a.m. to 11:00 p.m. (no
music); Friday, 8:00 a.m. to Saturday, 12:00 a.m. with music from 6:00 p.m. to
11:00 p.m.; and Saturday, 8:00 a.m. to Sunday, 12:00 A.M. with music from 2:00
p.m. to 11:00 p.m. He advised staff
recommends approval of the request in accordance with the Development Order
based upon the following conditions: (1)
Two off-duty Seminole County Sheriff’s deputies will be hired by the applicant
to provide security and traffic control throughout the event; (2) Hours of the
event shall be as stated above; (3) The number of attendees shall not exceed
750 people on any given day; (4) Temporary electrical equipment/installation
and tents will be permitted as required through the Building Department; and
(5) A minimum of four portable toilets and one portable hand-washing facility
will be provided. At least one portable
toilet will be handicap accessible.
Commissioner Henley asked staff how they arrived at
the figure of 750 people, referencing Condition #3. Mr. Walker said the applicant had provided
that number, but he does not know how they will regulate it.
Chairman Carey said the restrictions on parking will
govern how many people can park; and when the lot is full, they will have to
cut it off.
District Commissioner Van Der Weide said he has
attended these concerts and artist shows, and they are very orderly. He doesn’t see a problem with the request.
Motion by Commissioner Van Der Weide, seconded by Commissioner
Dallari, to approve the request by The Wekiva Green Camp, LLC for a Special Event Permit to allow a
fundraiser for the Wekiva Wilderness Trust with amplification of sound at 1014
Miami Springs Drive from March 7 through March 12, 2011, subject to the
conditions as recommended by staff.
Under discussion, Commissioner Van Der
Weide stated there is no real way to enforce some of these conditions and you
have to count on the common sense of the people. He said he knows the people running this
event and he doesn’t think it is going to be a problem. Whereupon, he amended the motion to strike Condition #3, The
number of attendees shall not exceed 750 people on any given day.
Commissioner Dallari agreed to the amendment.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
The Board noted the Informational
Budget Amendment Status Report FY 2010/11 for the period
ending January 31, 2011.
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The Board noted the Informational
Budget Amendment Status Report FY 2009/10 Final Report for
the period ending January 31, 2011.
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Chairman Carey reminded the Board of the Executive
Session to begin at 10:00 a.m. in Room 3024.
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Chairman Carey recessed the meeting at
9:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other
Officials with the exception of Deputy Clerk Carylon Cohen, who was replaced by
Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner
Dallari, seconded by Commissioner Henley, to authorize the filing of the proofs
of publication for this meeting's scheduled public hearings into the Official
Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
VACATE AND
ABANDONMENT/Seminole County
Proof of
publication, as shown on page ________, calling for a public hearing to
consider request to vacate and abandon Lots 6 and 7, Block B, of the Sanlando
Springs Tract 52 plat and a 50-foot wide portion of the public right-of-way of
Commerce Place located contiguous to Lots 2 through 7, as recorded in Plat Book
5, Page 34, Public Records of Seminole County, Florida; in Section 10, Township
21S, Range 29E, Seminole County, received and filed.
Alan
Willis, Planning and Development Division, addressed the Board to state the
vacate includes Lots 6 and 7, Block B, of the Sanlando Springs Tract 52 plat
and a 50-foot wide portion of the public right-of-way of Commerce Place located
contiguous to Lots 2 through 7 for the purpose of removing the underlying right-of-ways
and parcels where Sanlando Park has been built.
The request involves vacating only the piece of right-of-way and two
lots that remain on the plat. Letters
from the applicable utility companies stating no objection to the request have
been provided. Staff recommends approval
of the request.
No one spoke in support or in
opposition.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley to adopt appropriate Resolution
2011-R-34, as shown on page _______, to vacate and abandon Lots 6 and 7, Block
B, of the Sanlando Springs Tract 52 plat and a 50-foot wide portion of the
public right-of-way of Commerce Place located contiguous to Lots 2 through 7,
as recorded in Plat Book 5, Page 34, Public Records of Seminole County,
Florida; in Section 10, Township 21S, Range 29E, as described in the proof of
publication, Seminole County, with staff’s recommendations.
Districts 1, 2, 3, 4 and 5 voted
AYE.
AMENDMENT
TO THE LAND DEVELOPMENT CODE
Proof of publication, as shown on page ________, calling for a public
hearing to consider Amendments to the Land Development Code to permit
manufactured homes and agriculture-related signage in the A-3, A-5 and A-10
zoning districts, received and filed.
Tina
Williamson, Planning and Development Manager, addressed the Board to state that
this is the second of two required public hearings on the proposed amendments
to the Land Development Code for the A-3, A-5, and A-10 zoning districts. Ms. Williamson stated that per the previous
Board meeting on February 8, 2011, staff has deleted the references to the
"East Rural Area" in the Ordinance title and made minor modification
to the Manufactured Homes section. She
advised that staff is now requesting the following minor changes for further
clarification: removing the word “desirable” from the third whereas on
page 1 of 12 of the Ordinance; adding “but
not limited to” after the word “including”
at the top of page 5 of 12 of the Ordinance; removing “and rural recreational facilities” under (e) of the same page; and
adding “or their designee” after
Growth Management Director under Letter (f) on page 10 of 12 of the
Ordinance.
Staff recommends approval and
enactment of the Ordinance adopting the proposed amendments to the Land
Development Code with staff’s modifications.
Upon inquiry by Commissioner Horan,
Ms. Williamson verified that the “glossy
paint standard” has been removed.
No one spoke
in support or in opposition.
Motion by Commissioner Henley, seconded
by Commissioner Dallari, to enact Ordinance 2011-6, as shown on page _______,
adopting the proposed amendments to the Land Development Code regarding
manufactured homes and agricultural signage in the A-3, A-5 and A-10 zoning
districts, as described in the proof of publication with staff’s modifications.
Districts 1, 2, 3, 4 and 5 voted
AYE.
VACATE AND
ABANDONMENT/Continental 170 Fund, LLC
Proof of publication, as shown on
page ________, calling for a public hearing to consider request to vacate and
abandon a 1,153 square-foot portion of a platted access easement as shown on
the plat of Shoppes at Clayton's Crossing recorded in Plat Book 73, pages 55
through 59, of the Public Records of Seminole County, Florida, Continental 170
Fund, LLC, received and filed.
Brian
Walker, Planning and Development Division, addressed the Board to state that
the applicant, Continental 170 Fund, LLC, is requesting to vacate and abandon a
1,153 square-foot portion of a platted access easement as shown on the plat of
Shoppes at Clayton's Crossing for the purpose of accommodating a proposed
Walmart store. The portion of the
subject access easement is not needed for public access and the proposed vacate
will not hinder access to adjacent properties.
The applicant has provided letters
of no objection from all applicable utility companies.
This request complies with the
requirements and under the authority for vacating a right-of-way of Chapters
336.09 and 336.10 of the Florida Statutes.
Staff recommends approval of the request.
Upon inquiry by Commissioner
Henley, Mr. Walker stated that the size (approximately 100,000 square feet) of
this Walmart is in between the size of a Super Walmart and a Neighborhood Walmart.
Commissioner Dallari stated that
this will fit the existing pad that is there.
Attorney Rebecca Furman, Lowndes,
Drosdick, Doster, Kantor & Reed, addressed the Board to state she
represents the applicant. She stated she
agrees with staff’s presentation. Ms.
Furman advised that while this Walmart is not the size of a traditional Super
Center, which is over 200,000 square feet, it will include groceries along with
dry goods.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to adopt appropriate Resolution 2011-R-35, as
shown on page _______, to vacate and abandon a 1,153 square-foot portion of a
platted access easement as shown on the plat of Shoppes at Clayton's Crossing
recorded in Plat Book 73, pages 55 through 59, of the Public Records of Seminole
County, Florida, as described in the proof of publication, Continental 170
Fund, LLC,.
Districts 1, 2, 3, 4 and 5 voted
AYE.
VACATE AND
ABANDONMENT/Continental 170 Fund, LLC
Proof of publication, as shown on
page ________, calling for a public hearing to consider request to vacate and
abandon an approximately 50,260 square-foot portion of a platted drainage
easement as shown on the plat of Shoppes at Clayton's Crossing recorded in Plat
Book 73, pages 55 through 59, of the Public Records of Seminole County,
Florida, Continental 170 Fund, LLC, received and filed.
Brian
Walker, Planning and Development Division, stated that the applicant,
Continental 170 Fund, LLC, is requesting to vacate and abandon an approximately
50,260 square-foot portion of a platted drainage easement as shown on the plat
of Shoppes at Clayton's Crossing for the purpose of accommodating a proposed
Walmart store.
Mr. Walker stated that the existing
easement contains a functioning drainage pipe, and a new pipe has not yet been
put into place and cleared. He explained
that extensive site work must be completed prior to installation of a new
drainage pipe. The drainage vacate is
needed prior to approval of the proposed site plan. Mr. Walker stated in order to guarantee that
a new easement and drainage pipe will be installed as part of the site work activity, the Resolution will not become effective until
such time that the new drainage pipe and the associated new easement are in place.
Mr. Walker noted that the applicant
has provided letters from all applicable utility providers stating no
objections to the proposed vacate. He
advised that staff recommends approval of the request.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to adopt and authorize the Chairman to execute
appropriate Resolution 2011-R-36, as shown on page _______, to vacate and
abandon an approximately 50,260 square-foot portion of a platted drainage easement
as shown on the plat of Shoppes at Clayton's Crossing recorded in Plat Book 73,
pages 55 through 59, of the Public Records of Seminole County, Florida, as
described in the proof of publication, Continental 170 Fund, LLC.
Districts 1, 2, 3, 4 and 5 voted
AYE.
VACATE AND
ABANDONMENT/Colonial Realty, Ltd.
Proof of publication, as shown on page ________, calling for a
public hearing to consider request to vacate and abandon a portion of the
Colonial Townpark plat, as recorded in Plat Book 72, pages 12 through 18, Colonial
Realty Limited Partnership c/o Colonial Properties Trust, its General Partner,
received and filed.
Cynthia
Sweet, Planning and Development, addressed the Board to state that the
applicant, Colonial Realty Limited Partnership c/o Colonial Properties Trust,
its General Partner, is requesting to vacate and abandon a portion of the
Colonial Townpark plat containing 113+ acres.
Ms. Sweet explained that the
property is in the Colonial Townpark PUD and is located on the northeast corner
of CR 46A and International Parkway. All
subdivision improvements and easements are existing and will not be affected by
this vacate and abandonment of the subject plat. She stated that a revised plat will be
recorded immediately following the recording of the resolution for the vacation
and abandonment of the subject plat to prevent compromising access for other
services to the remaining lots that are not being vacated. Ms. Sweet advised that staff recommends
approval of the request.
District Commissioner Carey
recommended approval.
A Speaker Request Form was received
and filed. Attorney Andrew Eitingon
addressed the Board to state he did not wish to speak unless there were any
questions.
No one
spoke in support or in opposition.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to adopt appropriate Resolution #2011-R-37, as
shown on page ________, vacating and abandoning a portion of the Colonial
Townpark plat, as recorded in Plat Book 72, Pages 12 through 18, as described
in the proof of publication, Colonial Realty Limited Partnership c/o Colonial
Properties Trust, its General Partner.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSENT AGENDA (Continued)
Ms. Sweet
advised that the applicants, Colonial Realty Limited Partnership, Colonial Properties
Services, Inc., DRA/CLP Townpark Office Orlando, LLC, DRA/CLP 600 Townpark
Office Orlando LLC, DRA/CLP Townpark Retail Orlando, LLC, and JP Morgan Chase
Bank, are requesting approval of the final plat (Item #20) for Colonial
Townpark Replat containing 15 lots on 113+ acres. This is a replat of the Colonial Townpark
plat. Ms. Sweet stated that the property
is located in the Colonial Townpark PUD at the northeast corner of CR 46A and
International Parkway. The subdivision
improvements are complete and will not be affected by replatting of the
development.
Ms. Sweet
explained that a copy of a revised plat (received and filed) was distributed
today and reflects the applicant’s change to the plat. She advised that the change consists of
removal of a dedication of Vehicular or Exclusive Access Rights to Seminole
County for Lots 1, 2, 3, 8, 12, 14 and 15.
Ms. Sweet stated that staff has no objections to the dedication not
being on the plat since the property is zoned PUD and access is controlled by
the Final Master Plan. She advised that
any driveways not approved on the Final Master Plan will require a Major
Amendment to the PUD with Board approval at a public hearing.
Ms. Sweet stated the plat meets all
applicable requirements of the approved Final Master Plan and Developer’s
Commitment Agreement for Colonial Townpark PUD, Section 35.44, Seminole County
Land Development Code and Chapter 177 of the Florida Statutes. She advised that staff recommends approval of
the request.
District Commissioner Carey
recommended approval.
Motion by Commissioner Horan,
seconded by Commissioner Dallari, to approve the final plat for Colonial
Townpark Replat, containing 15 lots on an 113.17 acre parcel zoned PUD, located
on the northeast corner of CR 46A and International Parkway (Colonial Townpark
PUD), in Section 31, Township 19S, Range 30E, Colonial Realty Limited
Partnership, Colonial Properties Services, Inc., DRA/CLP Townpark Office
Orlando LLC, DRA/CLP 600 Townpark Office Orlando LLC, and DRA/CLP Townpark
Retail Orlando LLC.
Districts
1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE
UPDATE
Upon
inquiry by Commissioner Henley regarding term limits, Sabrina O'Bryan,
Assistant County Manager, addressed the Board to state that she will need to
research that issue and report back.
Chairman Carey stated that there have been several bills filed
concerning local issues, not only term limits but salary and other things. She requested that Ms. O'Bryan report back
with that information.
Commissioner Dallari requested that
Ms. O'Bryan report back concerning High Speed Rail. Ms. O'Bryan stated that she had received an
e-mail from the Governor's office yesterday which was a little different from
what the media was reporting. She stated
her sense was that he was opposed to it based on the potential financial
impacts to the State of Florida and stated she would forward that e-mail to the
Commissioners.
Chairman Carey stated that she
received something from Congressman Mica regarding High Speed Rail which stated
that he does have a proposal to do a small segment from the Orlando
International Airport out to the Disney area with a stop at the convention
center.
Commissioner Henley advised that
Secretary LaHood had vetoed Congressman Mica's plan but stated that the plan
for Orlando to Tampa is still in the works thus far.
Jerry McCollum, County Engineer,
addressed the Board to state he had talked with DOT yesterday and was advised
that SunRail was still in the Governor's Office of Fiscal Accountability. Commissioner Dallari requested that Ms.
O'Bryan coordinate her efforts through the MetroPlan office since their
lobbyist, Mr. Peoples, is involved in a lot of these negotiations.
CHAIRMAN’S
REPORT
Chairman Carey stated that when
they did Board appointments, they did not yet have a confirmation from the
Sheriff's Office concerning their representative to the Animal Control Board. She advised that the name of Keith Weisman
has been submitted as the Sheriff's Office's designee for the Animal Control
Board.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to appoint Keith Weisman to the Animal
Control Board.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Carey requested an update
regarding the training sessions for the volunteer boards and committees.
Mr. Forte stated that Donna Wysong,
Assistant County Attorney, and Ms. O'Bryan have been actively collecting
information from each of the board representatives to assemble consistent
orientation booklets that each of the committees and boards will receive through
the County Attorney's office. He stated
that he anticipates that the orientations will start in the month of
March. Each of the boards and
committees, as they occur, will receive an orientation until they have been
completed beginning in March. He advised
that the P&Z Commission's orientation will be one of the first to occur.
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Chairman Carey requested an update
regarding the dates for the County Manager interviews.
Robert McMillan, County Attorney,
addressed the Board to advise that since March 16 and 17 are unlikely, the
earliest dates will be April 20 and 21.
He explained that Wednesday will be a full day of individual interviews
with the candidates. He requested
direction regarding a reception for the candidates. Mr. McMillan stated that on Thursday there
will be a special meeting, advertised as a special meeting, at which time there
will be public interviews and the Board, if they choose, can take formal action
and make a selection.
A discussion ensued concerning a
reception.
Chairman Carey suggested some type
of lunch reception in-house, on the low end, to have an opportunity to see the
applicants in a different setting.
Commissioner Henley stated he had no objection as long as it could be
done for a few dollars.
Upon inquiry by Commissioner
Henley, Chairman Carey stated the luncheon would be confined to the Board of
County Commissioners, the candidates and some key staff. No
objections were voiced.
Chairman Carey requested the
Commissioners check their calendars for March 16 and 17 and April 20 and 21 and
tentatively hold those dates while it is determined if the applicants can be
available on March 16 and 17.
Mr. McMillan requested
clarification regarding whether or not the County will be paying for the travel
of the candidates to the interviews and two nights of lodging.
Chairman Carey stated that some of
the candidates may be local or within driving distance. Mr. McMillan stated that he has not seen the
final list yet to know where the candidates are coming from.
There was Board consensus that the County would pay for
air fare, if required, and two nights' lodging.
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Mr. McMillan updated the Board
concerning the County Attorney search.
He advised that the advertisement will be in the March 1 edition of the Florida
Bar News. The posting will close on
March 28.
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Chairman Carey advised that the
2060 Plan has been presented from the East Central Florida Regional Planning
Council and is in the hands of staff. At
the Regional Planning Council meeting in March, a vote will be asked for
regarding the transmittal of that document.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter dated February 4, 2011 to Brenda
Carey, Chairman, from Kurt Bauerle, Harris Harris Bauerle Sharma re: The
Springs Major Amendment request for relief.
2. Copy of letter dated February 7, 2011 to
Andrew and Tami Bradley from Tad Stone, Director of Seminole County Department
of Public Safety, re: thank you for gift of $10,000 to
Animal Services.
3. Letter dated February 8, 2011 to Brenda
Carey, Chairman, from Don Simms, President, Falcon Realty and Development re:
compliments for work done by Zoning, Building and Health Departments.
4. Copy of letter dated February 9, 2011 to Dr.
Joes-Francois from Michele Saunders, Director of Seminole County Department of
Community Services, re: reappointment to the Board of Directors of
the Local Health Planning Council.
5. Copy of letter dated February 9, 2011 to Mr.
Apfelbaum from Michele Saunders, Director of Seminole County Department of
Community Services, re: reappointment to the Board of Directors of
the Local Health Planning Council.
6. Four Letters dated February 10, 2011 to
Brenda Carey, Chairman, from David Johnson, Property Appraiser, re: 2010 final certification of taxable values.
7. Copy of letter dated February 10, 2011 to
Rick Scott, Governor, from Kirby B. Green III, Executive Director of the St.
Johns River Water Management District, re: 2011 consolidated annual report.
8. Copy of letter dated February 10, 2011 to Mr.
Jeffrey Faine from Chairman Brenda Carey re: commendation for work done on
behalf of youth in Central Florida.
DISTRICT
COMMISSIONERS’ REPORTS
Motion by Commissioner
Van Der Weide, seconded by Commissioner Dallari, to appoint Deanna Schott to
the Seminole County Industrial Development Authority for a four-year term
ending January 1, 2015.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to waive the application costs for the
applicant, Saxon and Clark, if they decide to bring The Springs PUD Major
Amendment back to the Board.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Under discussion, Commissioner
Dallari stated that should the applicant, Saxon and Clark, decide to bring this
item back to the Board, he requested that staff expedite the item through the
agenda process, since that process can be quite cumbersome at times. Chairman Carey reminded the Board that back
in 2009, the Board asked the Planning Department to look at expediting the
process because it is cumbersome. She
stated that Ms. Guillet, Growth Management Director, is looking into that.
Commissioner Dallari stated that he
did not want to circumvent any due process but would like to make sure that
staff is directed to move the agenda scheduling process along appropriately so
that it is not bogged down.
Commissioner Van Der Weide advised
that he has not changed his opinion concerning the action that the Board took
relative to this item but has no problem waiving the costs.
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Motion by Commissioner Henley, seconded by Commissioner Horan, to
reappoint Deanna Schott to a one-year term on the Contractor Examiners Board
ending January 1, 2012.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Commissioner Henley clarified that the
Board has not taken any action for moving forward with the one-cent sales tax
but, rather, is waiting to see what is going to happen from the State, the
Legislature and the Feds. He instructed
staff to have a discussion with the cities to determine their needs.
Chairman Carey stated that the Board’s
direction had been to bring the matter back in the May/June timeframe.
Commissioner Van Der Weide stated
that he would not support a one-cent sales tax right now. He stated that there are other issues such as
the transportation tax for Charter Counties.
Chairman Carey directed staff to
speak to the cities and the School Board to develop a list of needs and then
bring that back to the Board in late May or early June after the State's
actions are known. She advised a
decision will be made at that time whether or not to have a voter
referendum.
Commissioner Henley advised that
when staff is talking to the cities about their needs, he hopes that it is
understood that they are not just talking about capital needs since there are
options that deal with operational needs.
Chairman Carey directed Mr. Forte to be sure that is clear in his
discussions with the cities. Mr. Forte
indicated he had not done that in his original discussions.
Mr. McCollum advised that he has
been talking to the cities and the School Board and had requested from them a
list by the end of February. He
explained that it was his understanding that they had been looking at a similar
model to the one that was done in 2001 that did not include operations.
Commissioner Henley explained that
there are now options that can help to deal with operations if they decide to
go that way. Mr. McCollum stated he will
follow up with the cities to get that information.
Commissioner Dallari requested that
Mr. Forte provide information regarding how much of the allocated penny has not
yet been spent and when it is slated to be spent. He stated that even after the penny sunsets,
there is easily two- to two-and-a-half years’ worth of work which is
encumbered. His other question was how
soon after the penny is collected can the projects that they
want to do get built. He would
not want to collect additional funds if the money that was collected had not
been spent. There is almost $90 million
that has not yet been spent. He stated
that he is hesitant to do anything at this time until he receives a whole,
realistic picture.
Chairman Carey stated that staff
has been directed to get the facts and bring them back to the Board; and they
will have the discussion again in late May or early June after they know what
State actions have been so they know exactly what the financial impact looks
like.
The Board directed Mr. McCollum to
identify, in writing, what the projected operational needs may be over the next
period of years.
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Commissioner Dallari thanked Matt Phillips and Dwayne Crumity, from the Roads Department, regarding the paving of Bear Gully and Goldenrod Road. He stated that their example of public community service is outstanding.
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Commissioner Dallari requested an Animal Control Board update from Mr. Forte.
Mr. Forte advised that he had relayed the Board's message back to Tad Stone, Public Safety Direction, and Morgan Woodward, Animal Services Manager, to bring the Ordinance forward. There is a meeting scheduled on March 10 where that Ordinance will be produced to the Animal Control Board who can then agree up or down on the elements. That Ordinance will then come back to this Board for a public hearing. Mr. Forte stated that the Tethering Ordinance will probably still be ahead of time.
COUNTY
MANAGER’S REPORT
Regarding Tourism Development Council (TDC) funding, Mr. Forte
explained that in the TDC budget, $50,000 was set aside to offer $5 rebates for
a hotel incentive program which is not being moved forward. He stated that the Director and Manager of
that Department are requesting to reprioritize those funds to provide the
following: $20,000 towards promotional
items; $17,500 toward a mobile website; $6,000 to create a trade show display;
and $6,500 for a brochure and some printing.
Upon inquiry by Commissioner Dallari, Sharon Sears, Tourism
Development, addressed the Board to explain the mobile website being proposed
by Paradise Advertising. A discussion
ensued regarding the proposed cost of the mobile website and concerns were
raised that the cost seemed excessive.
Upon inquiry by Chairman Carey regarding a breakdown of the
proposal, Ms. Sears stated that it was included in Paradise's original
marketing plan and presented to the TDC Board as a part of what they wanted to
do for the Tourism Division this year.
Upon inquiry by Commissioner Van Der Weide, Ms. Sears described
the current trade show display and explained the need for a tabletop
display.
Commissioner Henley stated it may be a good idea from time to
time to bring some of those displays in so the Board can get a real feel of
what is going on.
Chairman Carey voiced concerns regarding whether or not staff is
getting competitive pricing for the things that they are doing. She would like staff to get some bids. Ms. Sears stated that her Department does ask
Paradise Advertising to get three bids on everything that they do.
Commissioner Horan stated that he would like to see a breakdown
of both proposals, the one for the mobile website as well as the tabletop
display.
Commissioner Van Der Weide stated that the Board needs more
detail. He advised that with this kind
of expenditure, the Commissioners like to see backup material.
Chairman Carey stated that the Board needs to see the details
regarding this item and suggested it be brought back at the next meeting.
COUNTY
ATTORNEY’S REPORT
Mr. McMillan informed the Board
that there has been no ruling yet in the federal hearing (regarding simulated
gaming devices) that was held in the Middle District Court. He requested a Shade Meeting, for strategy
and direction, to be held during the March 8 meeting at 1:30 in Room 3024. The only people attending will be the
Commissioners, A.C.M Joe Forte, Attorney Christopher Skambis, A.C.A Wysong,
A.C.A Shields, A.C.A Schneider, himself and a Court Reporter.
Motion by Commissioner Horan, seconded by
Commissioner Dallari, to schedule a Shade Meeting on March 8, 2011 at 1:30 p.m.
in Room 3024.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:34 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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