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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