BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
February 26, 2013
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February 26, 2013, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Robert Dallari (District 1)
Vice Chairman John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Circuit Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Reverend Odell Watson, New Bethel A.M.E. Church, Altamonte Springs, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
VIEWING OF CENTENNIAL MINUTE
The “Education – Early Education” Centennial Minute video and the “Transportation - Destination Seminole: Railroads” Centennial Minute video were displayed.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-72, as shown on page _________, recognizing William McDermott for more than 10 years of service and dedication to Seminole County Government and its citizens, upon his retirement on March 31, 2013, as a leader in Seminole County economic development program.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Bill McDermott, who addressed the Board to express his appreciation.
Commissioner Henley commended Mr. McDermott for a good job and he appreciates what he has done for Seminole County.
Chairman Dallari acknowledged that Mr. McDermott has received several awards and he would like to congratulate him for that.
Motion by Commissioner Horan, seconded by Commissioner Carey to adopt appropriate Resolution #2013-R-71, as shown on page _________, recognizing Donnie L. Taylor for 20 years of service and dedication to Seminole County Government and its citizens, upon his retirement on February 6, 2013, as a Fire Service Technician for Public Safety’s EMS/Fire/Rescue Division.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Taylor who addressed the Board to express his appreciation.
Chairman Dallari recessed the meeting of the Board of County Commissioners at 9:44 a.m. and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
John Krug, Economic Development, addressed the Board to present a request to consider approval of a funding request for the Oxford Road Area Redevelopment Plan in the amount of $75,000.
Motion by Commissioner Horan, seconded by Commissioner Henley to approve the funding request for the Oxford Road Area Redevelopment Plan in the amount of $75,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Horan to approve appropriate Resolution #2013-R-73, as shown on page ________, implementing Budget Amendment Request (BAR) #13-049 to appropriate $75,000 from Reserves through the 17-92 Redevelopment Fund for the Oxford Road Area Redevelopment Plan (Project #70000104).
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the meeting of the U.S. Highway 17-92 CRA at 9:46 a.m. and reconvened as the Board of County Commissioners.
Don Peterson, 3585 Canal Street, addressed the Board to speak with regard to Item #19, Adopt Resolution accepting Quit Claim Deed correcting scrivener’s error for property needed for Canal Street. He stated this is not a neighbor-to-neighbor squabble but is about getting it right once and for all. He said he would like to know why the Board is so anxious to rush into this decision when the Chairman asked to moved it off the agenda until the facts are known. He asked why Canal Street has a 30-foot right-of-way that parallels the Evans Group property. He pointed out discrepancies to Mr. Blackadar and asked him to have the County’s surveyor match his measurements to their survey. Mr. Peterson stated that Mr. Blackadar promised to put in writing that the utility access road would never be paved, to explain where the rest of the 50 ft. right-of-way in the area of their homes was, that there are no more scriveners’ errors, and that Canal Street does not exist beyond the southern property line, and he has not received that to date. Evans Group claims that they own the access road in front of residents’ homes. Mr. Blackadar and Mr. Newton say that is not true but he does not have that in writing. He added he would like to know why the dirt part of Canal Street should be paved when North Long Street is not paved and is not on the list. He stated if the Evans Group property line is 15 feet or more to the east of the ditch, which adds up to 25 feet to the west side of the ditch, then there is no error. He said he would like to know how Palm Avenue (north end of Elm Street) is now called Canal Street. He referred to a map that specifically states that Canal Street ends at the south end of the Lemon property. He also referred to a document that states the access in front of his property is for utility access only and the word “road” has been translated down. He added he would like to know what it means that the parcel across from him is unplatted. This stems from the partial road paving on Canal Street that has been done. He asked the Board to check all the facts before they proceed on this item.
Commissioner Horan clarified that the item for consideration is a quit claim deed from the present owner (Evans Lake Jesup LLC) of the property, which is contiguous and to the south of Mr. Peterson’s property, to correct a scrivener’s error in a deed that occurred in 1929. He stated it is clear to him that the quit claim deed correcting the scrivener’s error does not affect the right-of-way in front of Mr. Peterson’s property, but affects the right-of-way in front of the property to the south (Mr. Lemon’s property). As far as paving is concerned, staff is following a recommendation that was made by the Board to continue a program that was started several years ago to pave emergency-maintained roads in order to have emergency access. The paving in front of Mr. Peterson’s property is in a phase that the County has not implemented yet. There will be discussions in April relating to the cost of paving the rest of Canal Street. Staff will share with the residents in that area all of the surveying information to implement paving at that time. Also, the staff will consider whether or not the road between the northeastern portion of the Evans property and Mr. Peterson’s property should be paved at all.
Commissioner Carey stated before the road-paving program was terminated, there were a lot of roads in the County that were not paved because residents didn’t want to dedicate the right-of-way and they did not want their road paved.
At the request of Commissioner Carey, Brett Blackadar, County Engineer, addressed the Board to explain what the scrivener’s error was and the purpose of trying to correct it. He stated regardless of the paving, the scrivener’s error needs to be corrected as it is affecting the right-of-way for the current dirt road.
Upon inquiry by Chairman Dallari, Mr. Blackadar advised a survey will be done if this becomes a candidate for one of the next phases. He stated as staff starts to investigate this, they will do a more thorough background research and they will do a survey. Based on that, staff will determine if it is or is not feasible.
Upon inquiry by Commissioner Carey, Mr. Blackadar clarified he does not believe that Mr. Peterson requested documentation in writing from him. He added when he met with Mr. Peterson, he offered to do a survey ahead of time, but it is not directly connected to this agenda item. He stated he provided Mr. Peterson the deeds that originally transferred the right-of-way in front of his property. The only thing they have not provided is a survey that shows where the road is in relation to those deeds, and that is something staff will do as part of the dirt-road paving program.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, informed the Board that staff would like to pull Item #6, Letter of Support to Homeless Services Network; Item #10, CDBG Subrecipient Agreement with Heart to Heart; and Item #16, Agreement with Legacy Soccer Partners. He stated the tournament for Item #16 has been cancelled. He stated the County Attorney’s agenda has an Add-on #39A, Agreement for Professional Services with the State Attorney of the 18th Judicial Circuit. He advised that the applicant has withdrawn Public Hearing Items #49, Colonial Townpark PUD Amendment and Rezone, and #50, Colonial Village at Townpark Rezone.
Motion by Commissioner Carey, seconded by Commissioner Horan to authorize and approve the following:
Community Development Division
6. Pulled from the agenda request to approve Letter of Support to Homeless Services Network of Central Florida committing to provide $260,000 in Community Development Block Grant (CDBG) funding to the rehabilitation of the current Catholic Charities facility (a/k/a Pathways to Care) to develop fifteen (15) units of Single Room Occupancy (SRO) housing for chronically homeless individuals.
7. Adopt appropriate Resolution #2013-R-74, as shown on page _________, approving the three (3) year SHIP Local Housing Assistance Plan (LHAP) for program years 2013/2014; 2014/2015; 2015/2016, reaffirming authorization of administrative expense funding to an amount not more than 10% of Seminole County's distribution and authorizing staff to submit the LHAP to the Florida Housing Finance Corporation (FHFC) for review.
8. Approve and authorize the Community Services Department to make arrangements with appropriate County staff to reimburse its Community Development Block Grant (CDBG) Program/Dental Assistance activity in the amount of $1,000.
9. Approve and authorize the Chairman to execute the Seminole County/City of Winter Springs HUD/CDBG Subrecipient Agreement, as shown on page _________, in the amount of $250,000 for installation of sidewalks in the Moss Road area.
10. Pulled from the agenda request to approve the CDBG Subrecipient Agreement between Seminole County and Heart to Heart: A Community Care Home, Inc. to provide a grant of $27,400 in CDBG funds from Program Year 2009/2010 for rental rehabilitation work on previously acquired rental properties located at 303 San Tomas Drive, Casselberry; 667 San Pablo Avenue, Casselberry; and 16 North Fairfax Avenue, Winter Springs.
Economic & Community Development Services
Planning & Development Division
11. Adopt appropriate Resolution #2013-R-75, as shown on page _________, vacating and abandoning a portion of the platted Drainage & Utility Easement on Lot 40, Hidden Estates Unit Three, as recorded in Plat Book 32, Page 17 of the Public Records of Seminole County, Florida, more particularly known as 238 Flame Avenue, Viviane Ackerbaum.
12. Approve the Temporary Maintenance Services Agreement, as shown on page _________, with LYNX, and authorize the Planning & Development Division staff to serve notification of non-renewal for RFP-4145-02/BJC to Signal Outdoor Advertising.
13. Approve the Release of the original Maintenance Bonds for Water & Sewer Facilities, Irrevocable Letters of Credit and Cash Maintenance Bonds with Escrow Agreements as follows: Colonial Bank – Traditions at Alafaya, Phase 2 in the amount of $1,304.10; Burke Hogue and Mills Office Bldg. in the amount of $963.99; Westwood Village in the amount of $3,390; Bridgewater Commons in the amount of $3,312; Palm Valley Walgreens in the amount of $506; Remington Park in the amount of $329.86; Brooks Landing in the amount of $13,814.04; and Primrose School in the amount of $677.61.
Solid Waste Management Division
14. Approve and execute the First Amendment, as shown on page _________, to the Interlocal Agreement between Seminole County and City of Oviedo for Solid Waste Management Services.
15. Approve the administrative corrections to the rates and amounts, totaling $43,231.28, paid for residential solid waste and recyclables collection services, as set forth in Sections 13(d) and (e) of the Residential Franchise Agreements.
Tourism Development Division
16. Pulled from the agenda request to approve an Agreement with Legacy Soccer Partners Inc. in the amount of $18,431 for the 2013 Easter Invitational Soccer Tournament to be held March 28-31, 2013.
17. Adopt and authorize the Chairman to execute appropriate Resolution #2013-R-76, as shown on page __________, repealing Section 20.25 and amending Section 20.38 of the Seminole County Administrative Code to include EMS transport and mileage rates by the Department of Public Safety.
Emergency Management Division
18. Approve and authorize the Chairman to execute the Declaration of Restrictive Covenants, as shown on page _________, for the property located at 540 S. Orange Boulevard, Sanford, Florida.
19. Adopt appropriate Resolution #2013-R-77, as shown on page _________, accepting a Quit Claim Deed, as shown on page ________, (Evans Lake Jesup, LLC to Seminole County) correcting a scrivener's error for property needed for Canal Street.
20. Approve and authorize the Chairman to execute the Parking Facility Design, Construction, and Maintenance Agreement, as shown on page _______, for the trailhead located off of Douglas Avenue and Commerce Park; and allow Silver Sea Development, LLC, to proceed with the construction of the project.
21. Adopt appropriate Resolution #2013-R-78, as shown on page _________, and authorize the Chairman to execute the Joint Participation Agreement Amendment 2, as shown on page _________, to revise the Cost Estimate to add Transportation Regional Incentive Program (TRIP) Funding to a Locally Funded Agreement with the Florida Department of Transportation in conjunction with the addition of lanes and reconstruction of State Road 434 from Interstate 4 to Rangeline Road. (FDOT - Financial Management Number 240233-3-52-01).
22. Authorization to advertise and schedule a Public Hearing for March 26, 2013, to amend Exhibit B in the Seminole County Transportation and Education Infrastructure Plan Interlocal Agreement to delete the County Road 419 Project (Orange County Line to Chuluota Bypass).
23. Approve and authorize the County Manager to execute a Grant Agreement, as shown on page ________, from the Division of Emergency Management through the Homeland Security Grant Program; and approve and authorize the Chairman to execute appropriate Resolution #2013-R-79, as shown on page _________, implementing Budget Amendment Request (BAR) #13-050 in the amount of $15,778, appropriating grant budget for training/exercise costs related to the protection and recovery from acts of terrorism and other catastrophic events.
24. Approve and authorize the County Manager to execute the First Amendment, as shown on page _________, to the Safe Kids Worldwide Agreement transferring the remainder of the Model School Zone grant program responsibility from the City of Longwood Police Department back to Seminole County Public Safety, and to approve and authorize the Chairman to execute appropriate Resolution #2013-R-80, as shown on page _________, implementing Budget Amendment Request (BAR) #13-053 recognizing the budget of $2,576 to complete the implementation of the Model School Zone safety initiative in Seminole County (Exhibit A).
Budget and Fiscal Management Division
25. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-81, as shown on page _________, implementing Budget Amendment Request (BAR) #13-044 in the amount of $30,000 to transfer funds from the General Fund to the Stormwater Fund to provide for Aquatic Planting along Lake Jesup.
26. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-82, as shown on page _________, implementing Budget Amendment Request (BAR) #13-045 through the Public Works Grants Fund in the amount of $669,458 to recognize grant funding and establish construction budget for the SR 46 at Jungle Road and Resthaven Road project.
27. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-83, as shown on page _________, implementing Budget Amendment Request (BAR) #13-048 through the Public Works Grants Fund in the amount of $218,308 to recognize grant funding and establish construction budget for the Eastbrook Elementary School Area Sidewalks project.
28. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-84, as shown on page _________, implementing Budget Amendment Request (BAR) #13-051 in the amount of $167,445 through the SHIP Affordable Housing FY 2012/13 Fund, recognizing the current year Seminole County funding allocation.
29. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-85, as shown on page _________, implementing Budget Amendment Request (BAR) #13-054 through the General Fund in the amount of $35,000 recognizing additional contribution income, and allocating $90,000 of existing budgeted funds to establish and provide $125,000 in funding for the Oxford Road Area Redevelopment Plan (Project #70000104).
Internal Support Services Division
30. Approve and authorize the expansion of the County's Cyber Insurance Coverage to include notification, credit monitoring, forensics and legal expenses with Chartis Specialty Insurance Company and authorize staff to bind coverage.
31. Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ________, between Seminole County and City of Casselberry for aquatic plant control in Howell Creek to support the lake management services authorized by Ordinance 92-18/Howell Creek Aquatic Weed Control MSBU.
32. Approve 2013 Interlocal Agreement, as shown on page _________, with Orange County for essential aquatic plant control within Lake Pickett.
Purchasing & Contracts Division
33. Approve Change Order #4, as shown on page ________, to CC-6944-11/JVP – Altamonte Springs Safe Route Sidewalk Project with Conpilog International Company of Orlando, FL in the amount of $16,515.19; and authorize Purchasing & Contracts Division to execute the Change Order.
34. Approve the Mutual Termination, as shown on page _________, of IFB-601391-12/GMG Term Contract for Liquid Chemical Feed Systems Repair, Maintenance, Support and Installation Services with Flynn Services, LLC d/b/a Pro-Tech Water and Wastewater, Ocala; and authorize the Purchasing & Contracts Division to execute the Mutual Termination documents.
35. Approve the Assignment, as shown on page ________, of IFB-601395-12/GMG – Term Contract for Cleaning and Inspection of Water Storage Tanks and Pressure Vessels from Acuren Inspection, Inc., Deep River, CT to Corrtech, Inc., Deep River, CT; and authorize the Purchasing and Contracts Division to execute the assignment documents.
36. Approve the Single Source Procurement and Award of M-8452-13/DRR, Water Treatment Plant Tank Rehabilitation Agreement, as shown on page ________, in the amount of $79,750 to Crom Engineering & Construction Services of Gainesville, FL; and authorize the Purchasing & Contracts Division to execute the Miscellaneous Agreement.
37. Approve Work Order #14, as shown on page _________, under RFP-3261-08/RTB (General Consulting Services for Planning and Development) with VHB Miller Sellen, of Orlando, FL, in the amount of $199,905; and authorize the Purchasing & Contracts Division to execute the Work Order.
38. Approve Work Order #47, as shown on page ________, (Grace Lake Sinkhole Remediation) under PS-4388-09/VFT (Design of Minor Projects with Construction Cost Less than $1M) with Pegasus Engineering, LLC of Winter Springs, FL, in the amount of $187,048.32; and authorize the Purchasing & Contracts Division to execute the Work Order.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S CONSENT AGENDA
Motion by Commissioner Horan, seconded by Commissioner Carey to approve and authorize the County Attorney’s Office to file a Notice of Dropping David Hedrick as a Party Defendant Without Prejudice in the case of Seminole County v. CFAVS, LLC, et al.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Henley to approve and authorize the Chairman to execute the Agreement, as shown on page ________, for Professional Services between Seminole County and the State Attorney of the Eighteenth Judicial Circuit for the prosecution of County ordinances.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve the following:
40. Expenditure Approval Lists, as shown on page ________, dated January 22, 28 and February 4, 2013; and Payroll Approval List, as shown on page ________, dated January 31, 2013; BCC Official Minutes dated February 12, 2013; and noting, for information only, the following Clerk's "Received and Filed":
1. Proof of Publication and Resolution #2012-R-178, as shown on page _________, vacating and abandoning the right-of-way for M/I Homes of Orlando, LLC, as approved by the Board on September 25, 2012.
2. Tennis Developmental Instructor Agreements, as shown on page _________, for Brian Vargas and Miguel Carvajal.
3. Parks Contracts, as shown on page _________, for Services for the following: Rhett Stanberry; Ronald K. Moyer, Jr.; Kenneth R. Rowland; Luis A. Santiago; German Rivera; Tina Hostetler; Clifford Franke; Bruce Weaver; William J. White; Brian Clark; Joel Junior Lipscomb; Peter Donald Gillich; Gene Astarita; Brandon Wayne Lee; Dennis Robert Harley; Angel O. Marrero; Christopher Canone; Douglas A. Chiodini; Susan Dodd; Stephen B. Dodd; and Peter Velasquez.
4. First Amendment, as shown on page _________, to RFP-601345-12, Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A.
5. Third Amendment, as shown on page _________, to IFB-600281-08, The Dumont Company.
6. Amendment #3, as shown on page _________, to Work Orders #13, #15 and #16 to PS-2564-07.
7. IFB-601568-12 Contract, as shown on page _________, Mayer Electric Supply Company, Inc.
8. Amendment #1, as shown on page _________, to Work Order #1 to PS-7397-11.
9. Amendment #1, as shown on page _________, to Work Orders #5 and #6 to PS-4736-09.
10. Development Orders, as shown on page _________, as follows: #12-30000089, Daniel O. Shepherd; #12-32000011, Robert J. Ray, Sr.; #12-30000091, Raquel & Angel Morales; #12-30000093, Catherine L. Wyatt; #12-30000094, Megan D. Benton; #12-30000095, Robert W. & Teresa M. Trombley; #12-30000096, Juan F. Hofle; #12-30000098, Lutheran Haven Retirement Center; #12-30000099, Richard & Kathleen M. Wolken; and #12-30000092, Carmen Rosado.
11. Assignments of and First Amendment, as shown on page _________, to Utility Agreements for Water Service with Crystal River Investments, Inc.; Garden Grove Apartments, Ltd.; Garden Grove Investments, LLC; and Garden Grove Commercial, LLC.
12. Utility Agreement, as shown on page _________, for Sewer Service with Garden Grove Apartments, Ltd. and Garden Grove Investments, LLC.
13. RFP-8312-12, as shown on page _________, for Topline Construction Services, Inc. d/b/a Chief Inspection Services.
14. Second Amendment, as shown on page _________, to IFB-601297-11, Ameriscapes Landscape Management Services, LLC.
15. Tennis Developmental Instructor Agreement, as shown on page _________, with Christopher Lamb and Assistant Tennis Pro Agreement with Scott Runda.
16. Parks Contracts, as shown on page _________, for Services for the following: Donald Eitel McCoy; Danny Ousley; Noel Dana Ransom; Frank Leonard Rogers; Larry A. Sample; Jason A. Smith; John Charles Thaens; and Daniel Edward Ziegler.
17. Second Amendment, as shown on page _________, to Litigation Consultant Services Agreement for Allied Veterans of the World, Inc. vs. Seminole County with Gerson, Preston, Robinson & Company, P.A.
18. Change Order #5, as shown on page _________, to Work Order #19 to CC-2183-07.
19. Clerk of the Circuit Court Special Purpose Financial Statements for Year Ended September 30, 2012.
20. Work Orders #30 and #31, as shown on page _________, for CC-2190-07.
21. Conditional Utility Agreements, as shown on page _________, for Water Service and Sewer Service for Florida Becknell Investors, 2011 LLC, for the project known as Becknell Office.
22. Developer’s Commitment Agreement, as shown on page _________, for Becknell Industrial Facility PCD.
23. Letter dated January 31, 2013 from Geraldine Harford, Tax Deed Clerk, to Eva Roach, County Commission Records, regarding Tax Deed for the Lands Available for Taxes List, Parcel #33-19-31-507-0000-0050.
24. Neighborhood Stabilization Program Mortgage Deeds and Supplemental Restrictive Use Covenants, as shown on page _________, with NVision Development Management Services, LLC for the following properties: 624 Locust Court, Winter Springs, $164,850; 1022 Faircloth Court, Oviedo, $186,560; 316 Tangerine Street, Altamonte Springs, $168,750; and 1003 Conley Drive, Oviedo, $169,760.
25. Sixth Amendment, as shown on page _________, to IFB-600806-10, Asphalt Recycling, Inc.
26. Sixth Amendment, as shown on page _________, to IFB-600966-10, Petroleum Equipment Construction, Inc.
27. Change Order #1, as shown on page _________, to CC-7614-12.
28. Change Order #3, as shown on page _________, to CC-6944-11.
29. First Amendment, as shown on page _________, to IFB-600515-08, Webster Veterinary Supply, Inc.
30. Unauthorized Commitment Memorandum, as shown on page _________, dated January 25, 2013 from James B. Russell, Seminole County Professional Engineer, to Jim Hartmann, County Manager, regarding Extension of Work Order #39 to PS-3914-08, E-Sciences to complete the Phase 1 Environmental Site Assessment for the Kirchhoff Property, approved by the County Manager on January 28, 2013.
31. Warranty Deed, as shown on page _________, by The Ryland Group, Inc. to Seminole County for Tract B, Additional Road Right-of-Way, and Tract G, Lift Station, Enclave at Aloma.
32. Bids as follows: CC-8159-12; CC-8160-12; RFP-601617-13; and CD for CC-7840-12.
Districts 1, 2, 3, 4 and 5 voted AYE.
John Krug, Economic Development, presented request for approval of a Resolution recommending that Verizon Corporate Resources Group, LLC be approved as a Qualified Target Industry (QTI) Business; approval of an appropriation of $1,125,000, representing the County’s share of the total local financial support of $2,250,000 to be split evenly with the City of Lake Mary; approval of a full transfer of the requested appropriation from the General Fund; and approval of an Interlocal Agreement with the City of Lake Mary regarding the incentive funding. He stated the City of Lake Mary has agreed to the terms and approved the agreement last week. He briefly reviewed the project investment and the job creation as outlined in the agenda memorandum.
Motion by Commissioner Horan, seconded by Commissioner Carey to approve appropriate Resolution #2013-R-86, as shown on page _________, recommending that Verizon Corporate Resources Group, LLC be approved as a Qualified Target Industry (QTI) Business; approve appropriate Resolution #2013-R-87, as shown on page _________, implementing Budget Amendment Request (BAR) #13-055 from the General Fund to the Economic Development Trust Fund in the amount of $1,125,000, representing the County’s share of the total local financial support of $2,250,000 to be split evenly with the City of Lake Mary; approval of a full transfer of the requested appropriation from the General Fund; and approval of an Interlocal Agreement, as shown on page ________, with the City of Lake Mary regarding the incentive funding.
Under discussion, Commissioner Henley stated he feels it is important for the citizens to know that the cooperation with the University of Central Florida continues with Seminole County. One of the things that helped the company make their decision was that the employees moving here could attend UCF on in-state tuition instead of paying out-of-state tuition.
Commissioner Carey stated Seminole State College, the University of South Florida and Valencia College will be doing that as well.
Commissioner Horan commended the City of Lake Mary and several governmental entities’ staffs from the state and local levels for their teamwork on this project.
Districts 1, 2, 3, 4 and 5 voted AYE.
Liz Parkhurst, Planning & Development, addressed the Board to present request to reduce the Code Enforcement Lien from $40,750 to $4,000 for Case #10-91-CEB on property located at 6006 Lake Avenue, Sanford, Suzanne J. Zimmerman, previous owner, Federal National Mortgage Association, current owners. She reviewed the background timeline as outlined in the agenda memorandum. Staff recommends that the Board deny the request for a reduction of the lien and authorize the Chairman to execute the Release of Lien upon payment in full. Staff recommends that this report be made part of the record.
Upon inquiry by Commissioner Carey, Steve Davis, Ronald R. Wolfe and Associates, addressed the Board to state he is representing the bank and he does not know why it took the bank so long to bring the property into compliance.
Upon further inquiry by Commissioner Carey, Tom Helle, Building Division, addressed the Board to advise this is an issue where they took a couple of modular office trailers and converted them into single-family dwelling units without permits.
Motion by Commissioner Carey, seconded by Commissioner Henley to deny request to reduce the Code Enforcement lien from $40,750 to $4,000 for Case #10-91-CEB on property located at 6006 Lake Avenue, Sanford, Suzanne J. Zimmerman, previous owner, Federal National Mortgage Association, current owners.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Parkhurst presented request to reduce the Code Enforcement Lien from $42,750 to $2,000 for Case #12-83-CEB on property located at 6014 Linneal Beach Drive, George & Ana Groetzner, current owners. She reviewed the background timeline as outlined in the agenda memorandum. Staff recommends the Board approve the lien reduction to $2,271.47, which equals the total of the administrative costs plus $1,000, to be paid within 60 days or the lien will revert to the original amount of $42,750. Staff requests that the report be made part of the record.
Upon inquiry by Commissioner Carey, Ms. Parkhurst advised the notices were sent to the rental property. The owner has corrected his address with the Property Appraiser and Tax Collector’s offices. Commissioner Carey stated the tenant living on the property is behind on his rent and is disabled and unable to maintain the lawn, etc. She said she would like to know if there are some provisions made by the owner to ensure that this will not happen again.
Commissioner Constantine advised in talking to the owner and listening to the staff, it seems that as soon as the owner received the notice, he corrected the violation in a timely fashion. It seems that by the owner’s action that he is prepared to clean up the property.
Motion by Commissioner Constantine, seconded by Commissioner Henley to approve reduction of the Code Enforcement Lien from $42,750 to $2,271.47 for Case #12-83-CEB on the property located at 6014 Linneal Beach Drive, George & Ana Groetzner, current owners, subject to the payment being made within 60 days, or the lien will revert to its original amount of $42,750; and authorize the Chairman to execute the Satisfaction of Lien upon payment in full, as shown on page____.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Parkhurst presented request to Appeal the Deputy County Manager’s Denial to hear the Request for Reduction of the Code Enforcement Lien from $359,200 to $7,800 for Case #02-81-CEB on property located at 2642 Main Street, Sanford, Chester Pinkney, previous owner, and Plymouth Park Tax Service LLC, current owner. She reviewed the background timeline of the violation as outlined in the agenda memorandum. She stated staff recommends denial of the request for reducing the lien.
Upon inquiry by Commissioner Carey, Brent Kimball, representing Plymouth Park Tax, addressed the Board to advise that Plymouth Park Tax Service did not do a title search based on the nature of the purchase. He stated it didn’t take as long to clean up the property as it did to get the inspection and affidavit. Plymouth Park is asking for a reduction that would include the fines that have accrued since they purchased the property until the cleaning of the property was done. He added a current party is interested in purchasing the property if this reduction is granted.
Motion by Commissioner Carey, seconded by Commissioner Horan to approve reduction of the Code Enforcement Lien from $359,200 to $14,400 for Case #02-81-CEB on property located at 2642 Main Street, Sanford, Chester Pinkney, previous owner, and Plymouth Park Tax Service LLC, current owner, representing the fine that accrued during the time period between when Plymouth Park Tax Service LLC acquired the property and when the property was cleaned up; and authorize the Chairman to execute the Satisfaction of Lien, as shown on page ________, upon payment in full .
Districts 1, 2, 3, 4 and 5 voted AYE.
Lin Polk, Resource Management, addressed the Board to request approval of a resolution authorizing Issuance of not exceeding $10,000,000 of Capital Improvement Revenue Refunding Bonds, Series 2013A providing funds for the partial refunding of the County's outstanding Capital Improvement Revenue Bonds, Series 2010. She stated the original bonds were issued in 1996 to support the construction of the Public Safety Building. The previous refunding provided net present value savings of $2.5 million and this issuance will provide a savings of $311,000.
Motion by Commissioner Horan, seconded by Commissioner Carey to adopt Resolution #2013-R-88, as shown on page ________, authorizing Issuance of not exceeding $10,000,000 of Capital Improvement Revenue Refunding Bonds, Series 2013A providing funds for the partial refunding of the County's outstanding Capital Improvement Revenue Bonds, Series 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tony Matthews, Planning & Development, addressed the Board to present request for a Seminole County Fair Special Event Permit to be held on March 22 through March 31, 2013 from 3:00 p.m. to 11:00 p.m. on weekdays and from 1:00 p.m. to 11:00 p.m. on weekends. Staff recommends approval subject to their recommended conditions of approval, including one additional sign at CR 15 and Church Street.
Motion by Commissioner Carey, seconded by Commissioner Henley to approve the Special Event Permit for the Seminole County Fair at 440 Hickman Drive on March 22 through March 31, 2013, R&R Investments LLC, subject to staff’s recommended conditions of approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
AWARDS AND PRESENTATIONS (Continued)
Walt Griffin, Seminole County School Board Superintendent, addressed the Board to discuss the Rezoning/State of the School Board, the graduation issues that they have to deal with as a community, providing Pre-K programs at all of the elementary schools, motivating students to stay in school, vocational and career training programs, career technical education schools, E-Pathways, on-line class opportunities at the middle and high schools, classes that are being offered after school, computer-based testing, and a huge demand for a lot of technology. He stated the rezoning is an emotional issue and a challenge. The School Board has authorized his office to advertise the recommended rezoning plan for the north phase. The east and west phase recommendations will be coming out on Thursday. He said the County staff has been very cooperative through their rezoning process and in keeping them in tune as to what is being built and where it is built.
Chairman Dallari stated he has toured many of the schools and he is blown away each time he has visited them. He said he is amazed with the quality of education that is provided to the students.
Commissioner Horan stated it is very apparent that when businesses are looking to locate to Central Florida, the schools are a very crucial factor in making their decisions to locate.
Commissioner Horan and Mr. Griffin discussed the computer infrastructure and hardware that the students may need for the national testing and the art programs.
Commissioner Carey stated that through the partnerships that have been created over the years between the School Board, Cities and County, they understand the benefit of having great schools. She stated she feels that having a skilled work force is critical. Commissioner Carey added she is glad the technical skills are being brought back as not every student will be going to college. She said she has a problem with a student being unable to attend a school in their community because it is overcrowded because students are being bused in.
Commissioner Henley stated he would like to know how much movement of staff will take place with the rezoning. Mr. Griffin stated he is estimating that approximately less than 5% of staff will be moving. Mr. Griffin discussed with Commissioner Henley how much growth area they will have in the schools after the rezoning process.
Commissioner Henley stated adjustments have to be made and it is disrupting to everyone and the educational process that they have to move several times. He said he hopes the School Board has paid attention to that so they do not have to experience that again. He discussed the importance of not how many students go to college but how many graduate. The thing that turns students off is to ask them to do something that they see no relevance in.
Commissioner Constantine stated the transition of the schools in Seminole County is remarkable; and it is their greatest point of economic opportunity that people are looking to move to Seminole County’s school system.
Upon inquiry by Commissioner Constantine, Mr. Griffin advised approximately 3,000 to 4,000 students will be moved at the end of this process. He stated they are trying to minimize movement, but they have to make sure they are filling empty classrooms.
Upon inquiry by Commissioner Henley, Mr. Griffin advised they originally talked about elementary rezoning being done first, followed by high schools, and then followed by the middle schools because of capacity issues. He stated Seminole High School is already overcrowded; and maybe through some transfer options and through some flexibility, they may be able to avoid rezoning the high schools next year.
Commissioner Carey stated when she attended Sanford Junior High, double sessions were done because there wasn’t enough capacity and that didn’t hurt any of the students.
Chairman Dallari requested the County Manager meet with Mr. Griffin to see how they can partner with the School Board regarding connecting other schools that are not on the fiber system.
COUNTY MANAGER AND STAFF BRIEFINGS
Mr. Hartmann requested confirmation for the appointment of Joseph Pennisi as the new Resource Management Director.
Motion by Commissioner Constantine, seconded by Commissioner Carey to confirm the appointment of Joseph Pennisi as the new Resource Management Director.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted the Informational Budget Transfer Status Report for FY 2012/13.
Mr. Hartman stated the University of Central Florida (UCF) has asked him to teach again in the fall and he would like Board approval to allow him to do so.
Motion by Commissioner Henley, seconded by Commissioner Horan to authorize the County Manager to teach at UCF during the fall term.
Under discussion, Chairman Dallari stated he doesn’t see any reason why Mr. Hartmann needs to bring this issue back to the Board for approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 11:05 a.m., reconvening at 1:34 p.m., with all Commissioners and all other Officials (with Clerk of Circuit Court Maryanne Morse being absent) with the exception of Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
COLONIAL TOWNPARK PUD
MAJOR AMENDMENT AND REZONE/
Colonial Realty, LP (Continued)
Continuation of a public hearing to consider a PUD Major Amendment and associated Rezone from PUD (Planned Unit Development) to PD (Planned Development) to remove 6.29 acres from the existing PUD, and an Amendment to the Amended and Restated Colonial Perimeter Center, Colonial Townpark DRI (Development of Regional Impact) to remove 6.3 acres, located on the east side of International Parkway, approximately one-half mile north of CR 46A, as described in the proof of publication, Colonial Realty, LP.
Chairman Dallari advised that the applicant has withdrawn this item.
COLONIAL VILLAGE AT TOWNPARK REZONE/
Colonial Realty, LP (Continued)
Continuation of a public hearing to consider a Rezone of 25.21 acres for property located on the east side of International Parkway, approximately one-half mile north of CR 46A, from PUD (Planned Unit Development) and A-1 (Agriculture) to PD (Planned Development), as described in the proof of publication, Colonial Realty, LP.
Chairman Dallari advised that the applicant has withdrawn this item.
FLORIDA AVENUE LSFLU MAP AMENDMENT
& REZONE/Indev, Inc. (Continued)
Continuation of a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from R-5 (Rural-5) to PD (Planned Development) and the associated Rezone from A-5 (Rural Zoning Classification/Rural Subdivision Standards) to PD (Planned Development) for 38.13 acres located on the southwest corner of Florida Avenue and Lake Charm Drive, and approximately 0.50 miles east of SR 434, as described in the proof of publication, Indev Inc., received and filed.
Cynthia Sweet, Planning & Development, addressed the Board to present the request as outlined in the Agenda Memorandum. She stated that based upon the findings and conclusions cited in the Memorandum, staff recommends denial of the request for transmittal of a Large Scale Future Land Use Map Amendment and associated Rezone.
Ms. Sweet informed the Board that she distributed to the members a packet of additional emails (received and filed) from citizens opposing the applicant’s request and a definition of “Countryside” (received and filed) taken from Seminole County’s Comprehensive Plan (Comp Plan).
Michael Jones, representing Indev Inc., addressed the Board to state that they brought to staff an amended Concept Plan for the Florida Avenue Property last week, which was not included in the Agenda Memorandum. Under the new plan, they removed the opposed five-acre tracts, and they addressed each one of staff’s comments regarding the Comp Plan, so their amended plan complies completely with the Comp Plan.
Tina Williamson, Planning & Development, addressed the Board to advise that staff did not receive a copy of the revised plan. Discussion ensued.
Mr. Jones stated the plan for the property has been reduced to 20 lots. Including the infrastructure, the lots and the retention ponds, there are a total of 17.9 acres, leaving 20 acres of conservation area, which is over 50% of the property. He stated there is a 100-foot buffer off of Florida Avenue, and they moved the road to the south on Lake Charm Drive. Site maps from the amended plan were displayed (received and filed). He pointed out the buffer on three sides of the property and three lots, Numbers 13, 14 and 15, that touch the boundary line; otherwise the entire property is buffered. To the west and south of the property, the developed area is four units per acre. The smallest lot is one-half acre. He stated the soil borings have been done, the biologist is present to testify as to the layout, everything has been surveyed, and the project is ready to be submitted to engineering.
Mr. Jones stated he wanted to address the issues regarding transition and setting a precedent. He said the property had been before the Board prior to the expiration of the Joint Participation Agreement (JPA) in September of 2011. He explained that the development was reliant upon the JPA and the JPA occurred after the Charter Amendment, so the JPA doesn’t have validity. However, he said, the JPA was enacted with Oviedo based on the Rural Character Plan done in 2006. The Rural Character Plan set out what the Charter Amendment did not; there is no transition area set out in the Charter Amendment. He stated that the revised plan meets all the requirements of not only the JPA, but also of the Land Development Code (LDC).
Mr. Jones continued stating when first looking at the possibility of developing the property, they looked at the Seminole County Home Rule Charter (copy received and filed) and it states that the BCC has the right to remove and to change the boundary when it became necessary. He added that the Charter Amendment talks about transition, but there are no transition standards set, which is a stumbling block for any development coming up along Florida Avenue. However, there were standards for transition set out in the Rural Character Plan, which has been used to formulate other studies such as the 2008 Appraisal Report. He said the Charter did not have the details for transition and that he assumed the reason for this was that the County had spent several thousand dollars to do a Rural Character Plan which included the transition plan for the East Rural Area.
Mr. Jones stated that in talking about the rules and regulations that got them here, he was told that the JPA expired and therefore they cannot rely upon that. He said, however, that is not what the Comp Plan says and he doesn’t know how the Comp Plan doesn’t have a JPA running with it that explains transition when it is one of the biggest concerns. He said they will show how they think they meet every aspect of the Comp Plan through the transition.
Charles Madden, Madden, Moorhead and Glunt, addressed the Board to distribute copies of the revised plan (received and filed). Mr. Madden stated he will go over aspects of how they arrived at the amended plan. Mr. Madden displayed the first document of the packet, Future Land Use (FLU) Exhibit-28, Rural Boundary Map, Comp Plan, and pointed out the property location on the southwest corner of Lake Charm Drive and Florida Avenue and the entire rural boundary.
Mr. Madden displayed the Cluster Concept map (received and filed) depicting the original plan. He stated that key elements throughout the Comp Plan deal with clustering, providing a minimum of 50% open space, a minimum of half-acre lots, and proper buffering from the adjacent larger lot subdivision. They did a plan with 28 lots and didn’t have the minimum half-acre lot size, which was problematic in trying to meet the Comp Plan.
Mr. Madden displayed a JPA Concept map (received and filed) and stated when they originally submitted the plan, it had the entrance off of Florida Avenue. He then displayed and reviewed the Concept map (received and filed) depicting five-acre Lots #1 and #2. There would have been Comp Plan issues they could not overcome with putting in the five-acre lots.
Mr. Madden displayed the amended JPA Concept Plan map (received and filed) and stated that as an improvement to the other plan, they removed the entrance off of Florida Avenue and brought it in from Lake Charm Drive. He concluded stating that this plan meets the clustering, the open space, the half-acre minimum and the buffering requirements as set forth in the Comprehensive Plan.
Steve Butler, Bio-Tech Consulting Inc., addressed the Board to explain what was done regarding the jurisdictional wetland lines. He stated their firm conducted the environmental assessment on the property and they also conducted a wildlife survey. He said the field delineated wetland limits were based on Chapter 62-4 of the Florida Administrative Code and then pointed them out on the map per Chairman Dallari’s request.
Commissioner Horan made inquiries regarding input received from neighbors concerning the wetlands and the natural features of the property. Chairman Dallari explained for the record that the only public input today will be the input received at this meeting.
Doug Yovaish, Yovaish Engineering Sciences, Inc., addressed the Board to comment about the testing done for the well and septic systems. He stated he walked through the entire limits of the property with Mr. Madden, and at that point in time, the wetlands were marked with flags. He stated that the plan presented by Mr. Madden actually works and can provide all of the necessary requirements for the placement and construction of these lot areas with septic drain fields and individual well systems.
Upon inquiry by Commissioner Carey, Mr. Yovaish affirmed that he could provide an evaluation as to whether a septic tank and well are safely separated from the surrounding conditions, and stated that he has provided those studies on some of the sites in the Black Hammock area, both for construction of residences and septic systems.
Mr. Madden stated they coordinated with Seminole County Public Works department and displayed an email (copy received and filed) from Mark Flomerfelt, Public Works division, regarding his comments on the drainage in the area. He stated the amended plan conforms with the Seminole County Comprehensive Plan.
Mr. Madden displayed and reviewed the Future Land Use map (received and filed) showing the property site and the rural boundary line. He said the idea that the floodgates are going to open if this request is approved is not valid because there would be no legitimate discussion that someone could have in order to support such a request.
Upon inquiry by Commissioner Henley, Mr. Madden stated the presented plan does not meet one unit per five acres.
Nicole Guillet, Economic & Community Development Services Director, addressed the Board to respond to Chairman Dallari’s inquiry stating they had not received a formal submission of the plan. They have seen it but have not undertaken any further review of it.
Upon inquiry by Commissioner Horan, Mr. Madden displayed the East Rural Area map from the Comp Plan and reviewed the history and elements of the Comp Plan. Commissioner Horan stated he needs to know the standard against which he can weigh the evidence. The Rural Character Plan sets out three options and #1 is an option to continue to regulate the urban/rural boundary as adopted in the Comprehensive Plan. This option would likely result in continued conflict and less compatibility along the boundary because it does not address the creation of transition and only serves to end suburban-formed development at the boundary. The Rural Character Plan goes on to suggest two other options: it says that you can regulate the edge condition and it talks about stepping down of land uses, which is the transition that was adopted in the JPA. He said it would appear legislatively that this Board adopted Option #1, a hard line.
Commissioner Carey stated that the Rural Character Plan in 2006 was presented to this Board and it was accepted. It was not adopted, it was not endorsed; it simply was that they accepted the report. The reason they accepted the report and didn’t really take any action was because it talked about several things including TDR’s (Transfer and Development Rights) and transitional zoning, but nobody could really give a clear example of how this would work in the real world. The only way to take the pressure off of the rural line is to have some plan in place of how you are going to transfer from high density to rural. People don’t want to live on one unit per five acres across the street from four units per acre. And it is unfortunate that they didn’t have this discussion of transition back in the 90’s when this rural area was identified. She stated she is relying on the Comp Plan because that is an adopted document by this County. Even though there were some great ideas in the Rural Character Plan, they still never came up with a plan of how to transition from a four-unit-per-acre urban scenario to the rural boundary, and until that is done, she said she doesn’t believe they will ever take the pressure off the rural boundary and truly protect the area.
Mr. Madden stated that the most critical element of what he does is to create compatibility and proper transition from one property to the other and that every piece of property is unique. Pointing to the Future Land Use map, he showed the rural boundary line today. He pointed out that no other piece of property has four units an acre on two sides and that no one can make the transitional arguments that they make.
Mr. Madden displayed the Preliminary Master Plan and the Development Order (both received and filed). He reviewed a few minor changes to the Development Order that would make it consistent with the plan that was originally submitted. He stated they are respectfully asking approval from the Board today. Maps showing the Urban/Rural Boundary were received and filed.
Brian Dalrymple, representing M/I Homes, addressed the Board to speak in support of the project. They have done land deals in Seminole County with the applicant for approximately 20 years. They agree with the team that has been assembled and the fundamentals they based the project on and asked the Board’s support of the project.
Dan Peterson, representing Coalition for Property Rights, addressed the Board to speak in support of the project stating, based on the facts heard from Mr. Madden and Mr. Jones, they request the Board consider approval of the project. To the Coalition, it comes down to the question of whether a property owner can expect the government to protect his or her rights to use and improve the property that they own. From a property rights perspective, there is a willing seller and a willing buyer. He described a court case that took place in Virginia with the Environmental Protection Agency (EPA) and an article written for the Heritage Foundation by the attorney that won the case. He read several quotes including one from a colonist in Virginia. He stated his plea would be “let freedom ring” and approve the project.
Bill Daniel, 2075 Palm Avenue, addressed the Board to state he has lived in Black Hammock for about 40 years. He said he was president of the Black Hammock Association back when it was a legitimate association and had a Charter through the State, and it is not now. He addressed his concerns with the traffic, with roads that were cut off next to this project, and the Black Hammock residents being promised an access road from the old Tiger gas station to SR 434. They have never gotten anything that deals with traffic out of Oviedo. He stated traffic needs to be addressed as well as the intersection on SR 434.
Chairman Carey asked Mr. Daniel whether he recalled when the rural boundary was actually drawn and whether he knew why they didn’t just use Florida Avenue. Mr. Daniel stated that they were trying to get a transition zone between Oviedo and Black Hammock and that is why nothing was set in stone. It was up in the air as to where this definite line was going to be. He said it is slowly going away and that is why they should try to put things in stone.
Roger Patenaude, 966 Florida Avenue, addressed the Board and stated he is around three or four properties east of the proposed development. He stated it is like a Pandora’s Box; if they allow the development, he thinks it opens the door to allow for many other developers. He has heard the word “transition” a lot today and doesn’t believe they need a transition. He stated his contention is that they do need to have a line and they should honor what the voters wanted. There are still water and traffic issues. He said he proposes the Board deny the request for this land and that they stick with one house per five acres.
Mr. Patenaude thanked all the Commissioners who supported the Wekiva River Awareness Campaign. He said he thinks it is great and he thinks those resources are irreplaceable; and it is great to see that there is energy and effort put into that.
Brent Ramsey, 435 Old Geneva Road, addressed the Board to say he is a long-time resident of Seminole County. He stated in regard to the rural boundary, he believes there was an old fernery there, and it could have been a historical area, which is why the line was probably drawn on this side of Florida Avenue. He said he is a former cattleman and remembers when they would build a bullpen, they wouldn’t put any gaps between the boards because if a bull could get his nose through that gap, he would tear the whole wall down. He said he knows this would set a precedent. He is afraid that once the bull gets his nose in the gap, the wall will come down.
Mary Ann Schumacher, 2643 Belle Water, addressed the Board to say she is here to speak for the animals and the trees today. They have 20 families that would move into an area that has turtles and birds and hogs and Lake Jesup wildlife. She cited as an example the Covington Club on the corner of SR 434 and Chapman Road. It was going to be beautiful, but they cut down all the trees and now they have bank pads and parking lots and little thrown-up townhouses. She requested that the Board do the right thing and deny the proposal.
Don Peterson, 3585 Canal Street, addressed the Board to state that originally, Artesia Street was the beginning of the rural boundary. He pointed out that everything was woods on what is now called Panther Street. He said that Black Hammock is very much in gear and they do have a Charter. He submitted a petition, as shown on page ______, of over 200 signatures of people that want the rural boundary and want the rural area to remain rural. He is representing the Black Hammock Association as well as the Black Hammock Preservation and Historical Foundation. He said everything he has read states that transition is from outside the rural boundary. Forty acres will be exchanged for an elevated subdivision that will very likely be inundated with problems including lawsuits throughout its lifetime, just like the subdivision south of this property that is infected with numerous horrifying issues. The zoning is A-3 and A-5; land use and zoning were set in stone and the change in land use and in zoning would be totally inappropriate for this area. The proposal of a well-thought out buffer with five-acre lots on the north and east is a great idea. Four residences per acre with septic tank drain fields and wells clustered on the interior is insanity inside the rural boundary. He said he asked Mr. Madden why he can’t make this happen with less than 20 units and he said it was because he can’t make money on three- or five-acre lots. He stated he feels the residents of Geneva and Chuluota have a say in this argument because that area is also rural and they will stick together. The Charter Amendment and the rural boundary means something to them. They are asking the Board to follow the recommendations of County staff and deny the proposal as it has been presented.
Jay Zembower, 127 Big Oak Bend, addressed the Board to state he is from the Chuluota area. He reviewed the history of this project which started back in the 1990’s. He said if you don’t have two partners, you don’t have a JPA. He said the boundary was rushed together when Winter Springs, Oviedo and everybody else were starting to come into the Seminole County rural areas. Property owners were allowed to voice their opinions whether they desired to be included or excluded from this rural boundary, which is why they have the crooked line. It is unfortunate there will ultimately be areas where high density is right up against the rural boundary. He asked that the Board continue to protect the rural area.
Jeff Abbott, 2300 Stone Street, addressed the Board and stated that the rural area, the Home Rule Charter, and the financial objectives are in conflict. If this is passed, there will be some precedent set. He said he is in agreement with the developers that transition should be defined. There are properties that make up somewhere between 25% and 30% of the rural area that are on the urban boundary. He said there is a huge potential for change on that boundary condition. Mr. Abbot submitted handouts (received and filed) consisting of his statement, the Charter Amendment Ballot issue, a PowerPoint Presentation relating to establishing and preserving the East Rural Area, 8/10/04 Agenda for the Home Rule Charter Amendment, Economic Impact Statement, and a rural boundary map.
Mark Dowling, 1331 Ellis Fallon Loop, addressed the Board to state their community is just south of the subject property and he pointed out the neighborhood on the map. He is the vice president on the HOA board and he represents 85 homes. He said his community never received a notice with regard to this project. There was a notice posted on an 8½” x 11” piece of paper saying that there was something going on. He is in the higher density neighborhood and when they developed their property, engineers and people from the County approved all the sewers and stormwater which runs into the pond on the west side of their property. There has been a bad flooding problem every time it rains. There is so much clay, it creates a river. He said he believes having a septic tank that sits in clay when it floods is probably a bad idea. Also, they killed a lot of trees when they developed his neighborhood. They had very old oak trees and due to the encroachment of the developed area, it ended up killing them.
Robert Goldenberg, 1418 Ellis Fallon Loop, addressed the Board to state he is in opposition to the development of the property. He said the judiciary feels that if a Charter Amendment is in place that you should follow what citizens have already spoken about. It is one to five, that’s it. No boundary, no move, and no transition. He asked the Board to recognize what the citizens have put in place.
Mal Martin, 1450 Lake Harney Road, addressed the Board to state that the rural boundaries are established by vote by the citizens of Seminole County, and the only way to morally and fairly change these lines is by a vote of the citizens that initially approved them. If they change these lines without approval of all the citizens, it is a breach of trust and faith of each and every voter in Seminole County.
Greg Miller, 192 Woodridge Drive, addressed the Board to state that the boundary is the boundary. In 2004, they retired here after being tired of seeing urban sprawl in northern Virginia. They built a house on a five-acre lot that some think “they can’t make any money off of.” He hopes that the Board respects the Charter Amendment because the rural area in Seminole County is a true diamond.
Carol Patenaude, 966 Florida Avenue, addressed the Board and stated she lives about one-half mile east of the proposed development. She is opposed to the approval of the proposed development within the rural boundary. This new plan does not comply with the existing zoning of one per five acres. The residents of Seminole County delivered a mandate to make that boundary permanent with a nearly 60% approval. The County Planning and Zoning department does not recommend approval. To make an exception will open floodgates to where the exception becomes the rule. Property owners inside the boundary knew they were within that rural boundary when they acquired their properties and they accepted the restrictions and the challenges that come with living in a rural wetland. It has gators in the ponds, wild boar digging up the lawns, plenty of mosquitoes and lots of water. The suburban sprawl of 20 two-story homes does not conform to the character of the Hammock. She said she is concerned about the wetlands that exist on the proposed property, which a significant portion is underwater presently, because this is natural drainage for the area. The water has to go somewhere; it is discharged into the ground and able to make it back to the aquifer. What is unacceptable is re-engineering a sensitive wetland to accommodate 20 two-story homes, all of which will rely on septic systems in a very small area. One house per five acres does not create the same impact.
Alicia Presutti, 980 Elm Street, addressed the Board and stated that she lives on 35 acres in the Hammock and has been approached five times by developers to purchase the land. If they open the door, it will open it all through the Hammock and take away all the natural life. She said they bought there for a reason. She asked that the Board walk it one day and listen to it, and said if they approve it, they will kill it.
Tom Shafer, 921 Harrison Road, addressed the Board to state the plan is a very carefully thought-out transition, but it is on the wrong side of the line. If they were proposing it up to the line, they would probably applaud it. Developers want to get inside the line with the transition plans and make a logical argument for it, but it is too dense and too much.
Bill Turman, 1310 Hammock Street, addressed the Board and listed the key points that previous residents spoke about including the citizens’ vote, the boundary line, the flooding concerns, 20 septic fields in a 40-acre area, the wild animals, and the traffic issues and dangers.
Richard Creedon, 1172 Apache Drive, addressed the Board to state he is the president of the Geneva Citizens’ Association and Co-Chairman of the Eastern Seminole County Rural Lands Coalition. He said this decision is about much more than whether to rezone a piece of property on Florida Avenue; rather it is a test of the Board’s commitment to preserve the eastern Seminole County rural area. There is a need for more density and intense development, but both belong in the urban parts of the County, especially in the U.S. Highway 17-92 and I-4 corridors where the much needed SunRail commuter system will be in operation. Likewise, there is a need for natural open space in less-developed areas that makes room for horses and wildlife and that gives the ability to both refresh their souls and recharge the aquifers. He asked that they reaffirm the commitment to environmental preservation while moving deeper into the 21st Century.
Shannon Frederick, 2477 Howard Avenue, addressed the Board to say from what the residents understood, the one in three acres that came before the five acres was supposed to be the transition. Her septic system has issues sometimes and she is on the drier side, so 20 septic systems in something that they say is not wetland, does not mean it is not going into a wetland area.
Melanie Freire, 3063 Freedom Trail, addressed the Board and stated that she heard the engineer from Indev repeatedly assert that the reason this variance should be granted is because of the uniqueness of this piece of property. Each piece of land is unique. If that is their argument now, then they will make that argument for every piece of land in the Hammock. And there is a reason that Mr. Dalrymple with M/I Homes is here today; because he knows that it is vital to his future financial interest that this Commission grant this variance. She asked that the rural boundary be preserved because it is one of the last truly rural places in central Florida.
Deborah Schafer, 1740 Brumley Road, addressed the Board to state that as taxpayers, they have paid for many studies in the area. They’ve “beaten this horse to death” and the line is where it is. As a taxpayer, she does not want to pay for anymore studies and doesn’t want to study this area anymore.
No one else spoke in support or in opposition.
Speaker Forms and Written Comment Forms were received and filed.
Chairman Dallari recessed the meeting at 3:15 p.m., reconvening it at 3:20 p.m.
Mr. Jones stated that denying this project will just “kick the can down the road” and it will need to be faced again. He requested that the Board do something about the lack of transitional standards, especially on Florida Avenue.
Chairman Dallari reported he had ex parte communication with the applicant’s attorney. Also, he stated he had conversations with the Oviedo Voice and The Sentinel, the Black Hammock Association, and the Geneva Citizens Group. Commissioner Carey stated she is submitting for the record her ex parte communications (copy received and filed) which includes a petition with 194 signatures, all the emails and other correspondence that were received in her office. Also, she met with the applicant and the rural area representatives.
Commissioner Henley stated he met with the applicant and with Mr. Creedon with regard to their concerns.
Commissioner Constantine stated he had ex parte communications with the applicant’s attorney, Mr. Dalrymple, and Mr. Epps, Ms. Schafer and many others from the Geneva Association, The Sentinel, The Chronicle, and he has 82 emails (copy received and filed) to be submitted into the record.
Commissioner Horan stated that this matter started approximately a year ago when he met with representatives of the Black Hammock area and other areas in the eastern part of the County. Subsequent to that, he had numerous ex parte communications with a number of those same people. He had several conversations with the applicant, the applicant’s representative and attorney. He has no additional evidence from those ex parte communications but confirmed that his decision will be based on the evidence submitted today and the hearing today.
Chairman Dallari said he is opposed to changing the rural area. As presented by County staff, the proposal does not meet the Comp Plan and the City of Oviedo opted not to renew the JPA. He will not be supporting the change and hopes they keep the rural area the way it is.
Commissioner Henley stated this goes back a long way. He said he also will not be able to support the request because the JPA is not relevant and proceeded to explain why. He stated he would have difficulty facing the public by doing something that was going to violate the line that was established and voted on by them.
Commissioner Carey stated that it is unfortunate that the County did not take up the issue of transition a long time ago. She said that each piece of property is unique and maybe one unit per three acres is appropriate until you get to a certain point. She said she will not support the request because it is in the rural boundary and that has been established by legal description. She believes this Board needs to address this or there will be Boards in the future that will be addressing this same issue over and over again because the property owner has a right to come make an application to the Board, and they have the obligation to hear the evidence and hear both sides of the argument. She said that as a community, this needs to be addressed in order to stop this conversation somewhere out into the future.
District Commissioner Horan explained the procedure used under the law when an applicant comes in with a land-use change application. He also explained the position of a County Commissioner in acting either in a legislative or quasi-judicial capacity and the criteria used in making decisions. He said it is clear under Section 5.2 of the Rural Boundary Amendment that the people did not draw a hard line that cannot be changed in the future. He opined that the project is compatible with the area and stated that the project was very well designed with one problem: it does not comply with the law.
Ms. Guillet clarified that the request is to transmit a Plan Amendment and the associated Rezoning. She stated that it confuses things the way they do PD Land Use Amendments because they have to transmit a Rezoning with the Land Use Amendment. Typically, a rezoning would be quasi-judicial. As a component of a Land Use Amendment, on the action the Board is taking today, it is part of the legislative action associated with the actual Land Use Amendment. The action the Board is taking today is on the transmittal of the Land Use Amendment and the associated Rezoning, but they are not addressing approval or denial of either one because it is simply a transmittal request.
Motion by Commissioner Horan, seconded by Commissioner Constantine, to deny transmittal of the Large Scale Future Land Use Map Amendment from R-5 (Rural-5) to PD (Planned Development), and the associated Rezone from A-5 (Rural Zoning Classification/Rural Subdivision Standards) to PD (Planned Development) for 38.13 acres located on the southwest corner of Florida Avenue and Lake Charm Drive, approximately 0.50 miles east of SR 434, as described in the proof of publication, Indev, Inc., based on staff findings; denial Development Order, as shown on page ______.
Under discussion, Commissioner Constantine commented that it is a good project; the development planning, clustering and buffering are wonderful, but it is in the wrong place. In talking about the rural boundary, it has to be a holistic view. He said that one person today in supporting this said it was to protect private property rights; however, they are protecting the private property rights of all the citizens that live in the rural boundary. He is in full support of the motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari stated that Senator Simmons submitted his legislation referencing the Central Florida Expressway Commission. He explained that FDOT Secretary Prasad said there were some concerns regarding verbiage that Orange County put in there saying that tolls from electronic toll payers from Orange County would only be spent in Orange County. They are working through that in the document.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter w/attachment dated January 12, 2013, from Blanche Sherman, LYNX, to Chairman Dallari, transmitting LYNX Quarterly Reports as of December 31, 2012.
2. Letter dated February 7, 2013, from Father Steve Boes, Boys Town, to Seminole County Board of County Commissioners, regarding a donation of $6,000 for calendar year 2012. (cc: BCC)
3. Letter dated February 8, 2013, from Luis Rodriguez, Federal Emergency Management Agency, to Chairman Brenda Carey regarding Notice of Proposed Flood Hazard Determination. (cc: BCC, Economic & Community Development Services, Public Safety)
4. Notice of Public Hearing received February 11, 2013, from City of Lake Mary regarding Site Plan for a 220,000 square foot office building located east of International Parkway and south of CR 46A. (cc: BCC, Economic & Community Development Services)
5. Notice to Abutting Property Owners dated February 11, 2013, from the City of Lake Mary regarding Zoning Approval to Granite Sun, LLC/Janna Kiersnowski to conduct a home occupation for a business to include window treatments sales and service of blinds, shades, etc., sold in customers’ homes and then installed in a dwelling unit located at 241 Leslie Lane, Lake Mary, FL. (cc: BCC, Economic & Community Development Services)
6. Copy of letter dated February 12, 2013, from Chairman Dallari to Noranne Downs, Florida Department of Transportation, regarding Additional Federal Funds for Phase 1 of the SR 426/CR 419 Widening Project.
7. Notice of Community Meeting received February 13, 2013, from Orange County Government RE: Land Use Amendment for The Quadrangle PD LUP. (cc: BCC, Economic & Community Development Services)
8. Letter dated February 13, 2013, from Cynthia Porter, City of Sanford, to Commissioner Bob Dallari, regarding Reappointment of Randy Jones to the 17-92 RPA. (cc: BCC, Economic & Community Development Services)
9. Letter dated February 13, 2013, from Cynthia Porter, City of Sanford, to Commissioner Bob Dallari, regarding Reappointment of Patty Mahany to the Seminole County Expressway Authority. (cc: BCC, Public Works)
10. Letter dated February 13, 2013, from Cynthia Porter, City of Sanford, to Commissioner Bob Dallari regarding Appointment of Mayor Jeff Triplett and Norton Bonaparte to the Mayor/Managers Council, with Velma Williams serving as alternate. (cc: BCC, County Manager)
11. Copy of letter dated February 14, 2013, from Dominic Persampiere, City of Oviedo Mayor, to Noranne Downs, Florida Department of Transportation, regarding Additional Federal Funds for Phase 1 of the SR 426/CR 419 Widening Project. (cc: BCC)
12. Letter dated February 18, 2013, Russ Gibson, City of Sanford, to Seminole BCC regarding Nonconforming Sign Replacement at 2800 County Home Road. (cc: BCC, Economic & Community Development Services)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey advised that on February 13, she attended the Wekiva River Basin Commission meeting and they had an update on the Wekiva Parkway. There has also been community discussions going on; Brett Blackadar, County Engineer, and staff have met with some groups on SR 46, and as they are getting ready to let the contract for this particular section, she would like to request a briefing of this Board on the Parkway and where they are with regard to enhanced landscaping. Before they get into the design part, she wants to make sure that they have the aesthetics as they are threading through the neighborhoods and communities to ensure it is not going to be just another parkway. Chairman Dallari assured her that they will be putting a plan together and bringing it back to the Board.
Commissioner Carey reported that on February 14, she attended a State of the Region luncheon which was held at the Central Florida Zoo. Jim Hartmann, County Manager, represented the County; and David Heath, Lake County Manager, represented Lake County. Also in attendance were the Mayor of Deland; and Volusia County Manager Robert Apgar gave an update on what is happening in that county. They also heard from the Chamber of Commerce and Jeff Triplett, the Mayor of Sanford. She said it will be interesting to see what is coming forward with the Parkway, because the Lake County contract is ahead of Seminole’s, and how some of that develops as it comes through the preserve area from CR 46A in Lake County down to the river.
Commissioner Carey advised, regarding the Seminole County Port Authority, that the committee made up of members appointed by the BCC recommended approval of a three-year contract for Mr. Van Gaale, Port Administrator, and an increase in his salary from $103,000 to $106,000. She stated it was approved, however, she voted no because there was a six-month severance package in the contract.
Discussion ensued that legislatively, the State only allows up to four months’ severance and whether that would apply to the Port of Sanford. It was requested that the County Attorney look into it.
Commissioner Carey stated, in regard to upcoming Centennial events, that on Saturday, March 2 at 10:00 a.m., they will be at Big Tree Park recognizing The Senator Memorial and also the clone dedication. She showed pieces of The Senator that were made into art and one will be donated to the museum. She said she would like to work with the County Manager to come up with an appropriate plaque for the piece. The Board voiced no objections.
Commissioner Carey also advised that the Sunshine Story-Telling Festival is upcoming.
Commissioner Carey reported that Bettye Smith, former Mayor of Sanford, had passed away and said they reach out their condolences to the family. She requested that Mr. Hartmann do something appropriate for the funeral and to keep the Commissioners apprised of the arrangements.
Chairman Dallari stated that today they approved the Lake Pickett MSBU and that it requires them to appoint a citizen liaison from the community. He recommended that the Board appoint Jay Zembower.
Motion by Commissioner Carey, seconded by Commissioner Horan, to appoint Jay Zembower to the Lake Pickett MSBU as the citizen liaison from the community.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan said he attended his first meeting as a new member of the Historical Commission and there are two items he wanted to mention. There are a number of signs that identify ancient cities in Seminole County. The idea was floated to add a web address to each sign that would provide a description and information about its significance. Also, they are seriously marketing the Centennial book and it will be going out on the internet. Upon inquiry by Commissioner Horan, Don Epps, Historical Society, stated that once 2,000 books are sold, all proceeds after that will go to the Historical Society.
Commissioner Horan advised that the Public School Finance Planning Committee will be meeting soon and evaluating the rezoning plans against the various space requirements. They are going to have very significant planning issues with regard to the requirements being put on them by the State to have all the students taking tests by computer and having all of it funneled through servers. He said it will be a huge challenge especially in schools that don’t have fiber, and it will probably be a matter of joint cooperation between the County and the schools in the future.
Commissioner Horan stated they had a lively discussion at the East Central Florida Regional Planning Council (ECFRPC) about what will happen seven years from now with SunRail. Some issues that still need to be thought through include financing mechanisms, the fact that ownership of the properties is in different entities, and there is no enabling legislation yet concerning a lot of different things.
Commissioner Horan stated that he attended the Topping Out Celebration for the Hillel Center on McCullough Road. He said it is a great project and a beautiful facility where Catholic students and Jewish students will be living in the same residential facility.
Commissioner Constantine reiterated Commissioner Carey’s sentiments and said that Bettye Smith was a wonderful human being who did many great things for Seminole County and specifically her City of Sanford. He served with her in the early 80’s and 90’s and she will be missed.
Commissioner Constantine congratulated Nicole Guillet for receiving the Good Government Award from the Private Business Association of Seminole (PBAS). He also congratulated the Board, staff and the City of Lake Mary on the Verizon project.
Commissioner Constantine advised that he also attended the Wekiva River Basin Commission meeting and that the City of Altamonte Springs will now be pumping reclaimed water for free to Apopka. The Florida Department of Transportation (FDOT), the St. Johns River Water Management District (SJRWM), and the Department of Environmental Protection (DEP) will all be paying, along with Altamonte Springs, for the project. It will save the taxpayers of Altamonte Springs and Apopka a great deal of money. In addition, FDOT is looking at this project for other areas of the State. They will not need to buy as much land for recharge and for drainage, and Apopka will not need to take potable water out of the Wekiva any longer. Upon inquiry by Commissioner Horan, Commissioner Constantine explained that there is no existing pipeline, but they are building it. Commissioner Carey added that the City of Altamonte Springs has the largest project for reclaimed water called the Apricot Project. They are taking water from retention ponds and using it for reclaimed, and since they are pumping the water out, they do not need as much area for the ponds. Upon inquiry by Commissioner Horan, Commissioner Constantine confirmed that the City of Altamonte Springs is not charging for the reclaimed and is the only city in the nation that has a double piping system, one for reclaimed and one for potable, in every home and every business.
Commissioner Constantine advised of the speaking engagements and meetings he attended and those that were upcoming (copy received and filed). He said he was one of the speakers at “Speak Up Wekiva”, which had about 1,200 people at the speech, but more than 2,000 attended throughout the day. He said it was a wonderful event and thanked everyone for their support. He also mentioned that he is looking forward to the State of the County luncheon where Chairman Dallari will be speaking.
Commissioner Constantine requested approval to attend the Florida Association of Counties (FAC) Legislative Day from April 3 through April 5, 2013 in Tallahassee, which would include two County Commissioner Certification Workshops and the conference itself. Discussion ensued regarding the Legislative Day and the travel budget. Commissioner Constantine stated that this is the time, the middle of the session, that most of the things that are important get done, especially when it comes to budgetary matters. He agreed with Commissioner Horan that he is uniquely positioned to make a difference, and said as an asset to the County, he would like to help. Therefore, he will bring up the request again in the future.
Commissioner Henley stated he attended the Commuter Rail Commission as a member and had distributed some of the material (not received and filed) from the meeting to the Board. He informed them that the Commission has released an additional $87 million for SunRail.
COUNTY MANAGER’S REPORT
Mr. Hartmann congratulated Ms. Guillet and her staff on the Good Government Award from Private Business Association of Seminole (PBAS). He said it was a significant decision for them and it is really something good to celebrate. He stated he thinks it was probably one of the major things they could do for customer service and it also gave a great example to the rest of the organization. He also sees the rest of the organization working to also be very good government.
COUNTY ATTORNEY’S REPORT
Mr. Applegate reiterated the congratulations to Ms. Guillet and her staff.
Mr. Applegate stated he just finished a book on former president Chester A. Arthur, and in the book, they talked about him coming down to Sanford to fish in Lake Monroe. A photograph shows him in a coat and tie fishing in the lake.
Mr. Applegate stated his office will be reporting on legislation and legislative matters, and the report will be distributed every Friday on every bill. Commissioner Horan stated he also finds the reports showing which Assistant Attorneys are working on certain matters very helpful.
DISTRICT COMMISSIONER REPORT (Continued)
Commissioner Horan showed the brochure for the sale of the book, “The Seminole Centennial History, 100 Years, A Century of Success.”
ITEMS FOR FUTURE AGENDA
Don Epps with the Historical Society stated that the Centennial brochure is available through email. The group wanted to know if the County would like to offer through their email blast an opportunity for each of the County employees to see the brochure and to reserve a book at the reduced price up until April 1. The Board voiced no objections.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:44 p.m., this same date.