BOARD
OF COUNTY COMMISSIONERS
SEMINOLE
COUNTY, FLORIDA
APRIL
12, 2011
The
following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMIOLE COUNTY, FLORIDA, held at 9:30 a.m. on Tuesday,
April 12, 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)
Clerk of Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Carylon Cohen
Dr. Degrando
Franks, Pastor, Longwood Worship Center, gave the Invocation.
Commissioner Van Der Weide led
the Pledge of Allegiance.
AWARDS AND
PRESENTATIONS
Commissioner
Dallari commended Deborah Meinert, Water Conservation Coordinator, Environmental
Services, and her Department for the phenomenal job they do for the County for
water conservation.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate
Resolution #2011-R-62, as shown on page _______, proclaiming the month of April
2011 as Water Conservation Month in Seminole County; and calling
upon each citizen and business to help protect our precious resource by
practicing water saving measures and becoming more aware of the
need
to save water.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari presented the
Resolution to Ms. Meinert, who expressed thanks to the Commissioners and the Assistant
County Manager for always supporting the water conservation initiatives, and
she stated to the citizens that “we can each save a little and together, we can
save a lot.”
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Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt
appropriate Resolution #2011-R-63, as shown on page
_______, proclaiming the month of April 2011 as Child Abuse Prevention
Month; and urging all residents to engage in activities whose purpose is to
strengthen families and communities to provide the optimal environment for
healthy child development.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley presented the Resolution to Jeff
Griesemer, President and CEO of Child Rescue, who expressed thanks to the
County Commission for their recognition.
He stated last year the Sheriff’s Department responded to over 4,000 reports
of child abuse in Seminole County. Only
about 30% of cases ever get reported so the numbers are staggering. The first step is always raising awareness
and this proclamation does that. He
announced that the Seminole County Child Abuse Prevention Task Force will be in
the Midway area at 9:30 a.m. on Friday morning and he invited the Commissioners
to attend.
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Motion by Commissioner Horan, seconded by Commissioner Van Der Weide, to adopt
appropriate Resolution #2011-R-65, as shown on page
_______, proclaiming the month of April 2011 as National County Government
Month.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Horan presented the Resolution to Ed Burford, Seminole County Veteran Services
Officer, and Navy Veteran Mike Gantz.
Mr. Buford expressed thanks for this honor and said on behalf of the
veterans and family members working for Seminole County, they truly appreciate
this designation. He stated it’s evident
that veterans have played a significant role in Seminole County over the years. Recently they received new statistics about
veterans in the County and there are some pluses and some minuses. The estimates show there are 38,598 veterans in
the County and that is down 119 from last year.
On the positive, the VA numbers indicate $144,055,000 is coming into the
County each year as tax-free money paid in the form of pensions and
compensations. This is up $21 million
from last year. The veterans continue to
play a major role in the County.
Mr. Gantz
thanked the Board for allowing him this honor.
He gave background information on his family history of veterans and
their service to the Country. He expressed
thanks again for the recognition of all veterans past, present and in the
future.
COUNTY
MANAGER’S CONSENT AGENDA
ACM Joe
Forte advised Items #11, Approve and authorize the Board to contribute funds to
the Florida Retirement System for Commissioner Bob Dallari for the period of
November 2004 to November 2008; and #16, Approve Utility Easement between
Seminole County and Florida Power & Light Company located
at the Seminole County Regional Treatment Facility at Yankee Lake, are being pulled from the Consent Agenda;
and Item #36A, Special Event Permit for the Orlando Philharmonic Orchestra, is
added to the Regular Agenda.
Commissioner
Henley asked how long staff anticipated the temporary positions will be for
Item #21, Approval to hire two temporary grant-funded positions for the
Affordable Housing Trust Fund and the Neighborhood Stabilization Grant Fund. Mr. Forte advised those positions are
attached to the program and will be employed as long as the funds for that program
are in place.
Commissioner Dallari asked
staff to make sure the two employees are made aware of that prior to accepting
the positions.
Commissioner Henley said
he hopes some of the employees the County had to release may be given
consideration for these positions if they are available. Mr. Forte said all employees released have the
ability to apply, and anyone qualified is taken into consideration.
Commissioner Horan asked
if there were people laid off who have the expertise for these programs. He concurred with Commissioner Henley that
previous County employees who have the expertise be given the opportunity to
apply.
Chairman Carey referred to
the Fifteenth Amendment to Agreement to Provide Medical Care to Indigent
Residents of Seminole County (Item #14) and said the date on page 4 should be
April 19, 2011.
Michele Saunders, Community
Assistance, addressed the Board to advise that the date of April 19, 2010, as
shown, is correct. She explained this
process was begun some time ago and took a long time. Whereupon, Chairman Carey stated when staff
briefed her, they were not aware of that.
Commissioner Horan
discussed with Ms. Saunders if they will go over budget ($372,000) for this
item. Ms. Saunders said they should come
under budget for this item; and according to the contract, they can’t exceed the
$372,000 because that is the ceiling of the contract.
Upon direction of the
Chairman, Mr. McMillan gave the history of this funding for medical care to
indigent residents.
Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
County Manager’s Office
Purchasing & Contracts
Division
4. Authorize the release of Performance Bond in the amount of $500,000.00
for IFB-600806-10/GMG with Asphalt Recycling, Inc., Melbourne, Florida.
5. Approve
Amendment #1, as shown on page _______, to M-5004-09/BLH, Construction Management
Services for Facilities Projects with ZHA, Inc. of Orlando, Florida to replace
Exhibit "A" in its entirety; and authorize the Purchasing &
Contracts Division to execute the Amendment.
6. Approve Change
Order #2, as shown on page _______, to DB-4550-09/JVP, Red Bug Lake Road
Pedestrian Overpass with Southland Construction of Apopka, Florida in the
amount of $114,179.90; add an additional fourteen (14) calendar days to substantial
completion; and authorize the Purchasing & Contracts Division to execute
the Change Order.
7. Approve a modification to the Agreement, as shown on page _______,
for DB-6152-10/JVP (CST Red Bug Lake Road Pedestrian Overpass Design Build
Project) to change the awarded firm's name from American Bridge Company/Ayers
& Associates of Tampa, Florida to American Bridge Company of Tampa,
Florida; and authorize the Purchasing & Contracts Division to execute the
revised Agreement.
8. Award
RFP-5847-10/RTB, as shown on page _______, Master Services Agreements (MSA’s)
for Hydrogeological Services for Seminole County's Solid Waste Management
Division, to The Colinas Group, Inc. of Altamonte Springs, Florida (Primary
Consultant) and HSA Golden, Inc. of Orlando, Florida (Secondary Consultant);
and authorize the Purchasing & Contracts Division to execute the Primary
and Secondary MSA’s. (Estimated Annual Usage of $200,000.00)
9. Award
RFP-601076-11/BJC, as shown on page _______, Legal Services for Insurance Claims
and Litigation to Rissman, Barrett, Hurt, Donahue & McLain, P.A., Orlando,
Florida (Liability Services); and Broussard & Cullen, P.A., Orlando,
Florida (Worker’s Compensation Services).
10. Award RFQ-600997-10/TLR, Park
Concessions Operations Agreements, as shown on page _______, with Blenders
LLC., dba Smoothie King, Sanford, revenue generating agreement user fee at 20%;
and Thomas J. Bradley, Casselberry, revenue generating agreement user fee at
10%.
Central Services
Human Resources
Division
11. Pulled from the agenda
the request to approve and authorize the Board to contribute funds to the Florida
Retirement System for Commissioner Bob Dallari for the period of November 2004
to November 2008.
Community
Services
Business Office
12. Approve and authorize the
Chairman to execute the Amendment, as shown on page _______, to New Life
Connections, Inc. Agreement with Seminole County.
13. Approve and authorize the
Director of Community Services to execute an acceptance of a short sale offer (to
be negotiated) for Palm Tree Apartments.
Community
Assistance Division
14. Approve and authorize the
Chairman to execute the Fifteenth Amendment, as shown on page _______, to
Agreement to Provide Medical Care to Indigent Residents of Seminole County, Florida,
with Central Florida Regional Hospital, Inc.
15. Approve and authorize the
Chairman to execute the Seminole County Coalition For School Readiness, Inc.
Subrecipient Agreement, as shown on page _______, Program Year 2010-2011, in
the amount of $60,000 to assist working low and moderate income families.
Environmental
Services
Utilities
Engineering
16. Pulled from the agenda
the request to approve and authorize the Chairman to execute the Utility Easement,
as shown on page _______, between Seminole County and Florida Power & Light
Company located at the Seminole County Regional Treatment Facility at Yankee
Lake.
Fiscal Services
Business Office
17. Authorization to advertise and hold
a public hearing on April 26, 2011 for Mid-Year Budget Amendment to reflect
actual fund balances brought forward from FY 2009/10, as stated in the year-end
CAFR (Comprehensive Annual Financial Report).
Budget Division
18. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-66, as shown on page _______,
implementing Budget Amendment Request (BAR) #11-50 through the Neighborhood
Stabilization Grant Program Fund in the amount of $360,612 to increase funding
for the Neighborhood Stabilization Grant Program.
19. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-67, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-52 through the General
Fund in the amount of $10,000 to increase funding for Community Services
assistance to the homeless through Community Based Care of Seminole, Inc.
Pathways to Home program.
20. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-68, as shown on page
_______, implementing Budget Amendment Request (BAR) #11-54 through the
Neighborhood Stabilization Program Grant Fund in the amount of $4,037,178 to
increase funding for the Neighborhood Stabilization Grant Program.
21. Approval to hire two temporary
grant-funded positions for the Affordable Housing Trust Fund (SHIP) and the
Neighborhood Stabilization Grant Fund (NSP 3) programs, and approve Budget
Change Request (BCR) #11-8, as shown on page _______, in the amount of $50,000
to fund the positions in FY 2010/11.
Leisure Services
Business Office
22. Approve and authorize the
Chairman to execute appropriate Resolution #2011-R-69, as shown on page
_______, establishing revisions to Section 4 of the Seminole County Administrative
Code, changing the name of the Leisure Services Advisory Committee to the “Parks
and Preservation Advisory Committee.”
Public Works
Engineering
Division
23. Adopt appropriate Resolution #2011-R-70,
as shown on page _______, and authorize the Chairman to execute Supplemental
Agreement Number 2, as shown on page _______, to the Local Agency Program (LAP)
Agreement in conjunction with the construction of sidewalk along the north side
of Alpine Street (Palm Springs Drive to Evergreen Avenue), along the south side
of Ridgewood Street (East of Palm Springs Drive to Evergreen Avenue) and the
west side of Palm Springs Drive (Robin Hill Drive to North Street) (FDOT - FPN:
422572-1-58-01).
24. Adopt appropriate Resolution #2011-R-71,
as shown on page _______, and authorize the Chairman to execute a Local Agency
Program (LAP) Agreement, as shown on page _______, with the Florida Department
of Transportation for the construction of sidewalks along streets surrounding
Altamonte Elementary School (FDOT - FPN: 422572-2-58-01).
25. Adopt appropriate Resolution #2011-R-72,
as shown on page _______, and authorize the Chairman to execute a Locally
Funded Agreement, as shown on page _______, and Memorandum of Agreement, as
shown on page _______, with the State of Florida Department of Transportation
in conjunction with the acquisition of right-of-way for the construction of
intersection improvements at State Road 434 and Central Florida Parkway (FDOT -
Financial Project Number 240233-4-{4B & 43}-01).
26. Adopt appropriate Resolution #2011-R-73,
as shown on page _______, accepting a Quit Claim Deed, as shown on page
_______, for property necessary for the maintenance of the Columbus Harbor
Ditch on Ronald Reagan Boulevard (County Road 427).
27. Approve and authorize the
Chairman to execute a State of Florida Department of Transportation E-Verify
Form, as shown on page _______, to be included as part of the Joint Use
Agreement for the development and implementation of the Central Florida Commuter
Rail (SunRail) Transit System (FDOT – Financial Project Number(s):
412994-3-52-01 & 412994-4-52-01).
Traffic
Engineering Division
28. Adopt appropriate Resolution #2011-R-74,
as shown on page _______, and authorize the Chairman to execute a Joint
Participation Agreement, as shown on page _______, between the State of Florida
Department of Transportation and Seminole County for the State Road 436 Traffic
Adaptive Signal Timing Project.
Districts 1, 2,
3, 4 and 5 voted AYE.
County Attorney’s Agenda
County Attorney Robert McMillan stated Donna Wysong,
Assistant County Attorney, has been working on following the situation in
Orange County on secondary metals, and the proposed Ordinance is tailored on
what Orange County did. One development
is that there are several bills in the Legislature and both pending bills at
this time preempt local government regulation.
He suggested if the Board is interested in the way the proposed
Ordinance is drafted, they can authorize his staff to advertise it, but they
will not do so until after the legislative session is over. If any of the bills pass, they will let the
Board know.
Motion
by Commissioner Henley, seconded by Commissioner Dallari, to approve and
authorize staff to schedule and advertise a public hearing on a proposed
Ordinance relating to Secondary Metals Recycling.
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
30. Approval of Expenditure Approval
Lists, as shown on page _______, dated March 7, 14, and 21, 2011; approval of
Payroll Approval Lists, as shown on page _______, dated March 3 and 17, 2011; and
approval of BCC Official Minutes dated March 8, 2011.
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. Change Order
#1, as shown on page _______, to Work Order #30 to CC-2184-07.
2. Amendment #2, as shown on page _______, to Work Order #14 to
PS-1020-09.
3. Third Amendment, as shown on page _______, to RFP-600326-08.
4. Amendment #1, as shown on page _______, to Work Order #63 to
PS-1529-06.
5. Work Order #56, as shown on page _______, to CC-1284-06.
6. Work Order #52, as shown on page _______, to PS-5174-04.
7. Work Order #9, as shown on page _______, to PS-5438-10.
8. Amendment #3, as shown on page _______, to Work Order #75 to
PS-1074-06.
9. Work Order #57, as shown on page _______, to CC-1284-06.
10. Work Order #88, as
shown on page _______, to PS-5120-02.
11. Change Order #4, as
shown on page _______, to CC-5225-10.
12. Change Order #3, as shown
on page _______, to Work Order #26 to CC-2184-07.
13. Change Order #2, as
shown on page _______, to Work Order #24 to CC-2184-07.
14. Change Order #3, as
shown on page _______, to Work Order #25 to CC-2184-07.
15. Parks Contracts, as
shown on page _______, for Thomas Coppola; German Rivera; and Patricia Dale
Moore.
16. Memorandum, as shown
on page _______, to Joseph Forte, Acting County Manager, from Michele Saunders,
Community Services Director, re: NSP
Developer Fee Unauthorized Commitments due to expired rehabilitation work
order.
17. Amendment #1, as shown
on page _______, to Work Order #6 to PS-4572-09.
18. Closeout, as shown on
page _______, of RFP-0613-06.
19. Amendment #3, as shown
on page _______, to Work Order #1 to PS-2774-07.
20. Work Order #31, as
shown on page _______, to PS-5175-04.
21. Change Order #1, as
shown on page _______, to CC-5631-10.
22. Work Order #13, as
shown on page _______, to PS-2564-07.
23. Change Order #3, as
shown on page _______, to CC-4186-09.
24. Third Amendment, as
shown on page _______, to IFB-600806-10.
25. Change Orders #4, #5
and #6, as shown on page _______, to CC-3631-08.
26. Amendment #3, as shown
on page _______, to Work Order #13 to RFP-4240-05.
27. RFP-600254-07 PAY
Counseling Agreement, as shown on page _______, Boys Town Central Florida, Inc.
28. Closeout, as shown on
page _______, for CC-2938-07.
29. Work Orders #80 and
#81, as shown on page _______, to CC-1741-07.
30. Change Order #1, as
shown on page _______, to Work Order #47 to CC-1075-06.
31. Closeout, as shown on
page _______, for Work Order #54 to CC-1284-06.
32. Change Order #5, as
shown on page _______, to CC-3075-08.
33. Assistant Tennis Pro
Agreement, as shown on page _______, Eric Cordova.
34. Amendments, as shown on
page _______, to Conditional Utility Agreements for water and sewer service,
Taylor Morrison of Florida for the project known as Terracina at Lake Forest
Ph. 4.
35. Conditional Utility
Agreements, as shown on page _______, for water and sewer service, Taylor
Morrison of Florida for the project known as Terracina at Lake Forest Ph. 5.
36. Amendment #2, as shown
on page _______, to Work Order #9 to PS-4388-09.
37. Change Order #3, as
shown on page _______, to Work Order #23 to CC-2184-07.
38. Work Order #12, as
shown on page _______, to CC-3321-08.
39. BOA Development Order
#10-32000014, as shown on page _______, Ruben & Florence Exantus Special
Exception.
40. Closeout, as shown on
page _______, for Work Order #47 to CC-1075-06.
41. RFP-600094-06 and
RFP-600171-07 Agreements, as shown on page _______, Nanak’s Landscaping.
42. Work Order #82, as
shown on page _______, to CC-1741-07.
43. Work Orders #88 and
#89, as shown on page _______, to PS-1074-06.
44. Amendment #2, as shown
on page _______, to Work Order #25 to RFP-4277-09.
45. Amendment #2, as shown
on page _______, to Work Order #54 to RFP-4277-09.
46. Change Order #1, as
shown on page _______, to Work Order #1 to CC-5075-10.
47. Work Order #10, as
shown on page _______, to CC-2183-07.
48. RFP-600958-10
Agreement, as shown on page _______, National Union Fire Insurance Co., as
approved by the BCC on September 15, 2010.
49. RFP-600991-10
Agreement, as shown on page _______, for Short Term Disability, Standard
Insurance Co., as approved by the BCC on October 12, 2010.
50. Restrictive Use
Covenant, as shown on page _______, for 235 Colony Dr., Miller Construction
Services.
51. Recorded Home
Ownership Assistance Program Mortgage Deeds, as shown on page _______, for
Clifford Philpot; Julia Mae Gunn; Phyllis Hatcher, Kurt Hatcher and Carlin
Anderson; and Tommie and Carrie Campbell.
52. Work Order #53, as
shown on page _______, to PS-5174-04.
53. Change Order #5, as
shown on page _______, to CC-4623-09.
54. Parks Contracts, as
shown on page _______, for Michael Werner, Stanley Ransom, Sr. and Clifford
Franke.
55. Change Order #1, as
shown on page _______, to Work Order #28 to CC-2184-07.
56. Work Order #28, as
shown on page _______, to PS-5182-05.
57. Amendment #1, as shown
on page _______, to Work Order #85 to PS-5120-02.
58. Amendment #1, as shown
on page _______, to Work Order #10 to PS-4388-09.
59. Amendment #2, as shown
on page _______, to Work Order #13 to PS-4388-09.
60. Bids for
RFP-601076-11; RFQ-601079-11 and CC-6502-11.
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Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve and
authorize the following:
Sheriff’s Office
31. Approval by the Board of County
Commissioners to contribute $14,000 from the Sheriff’s Law Enforcement Trust Fund
to provide funding in support of 2011 Project Graduation, an alcohol and drug-free
celebration for Seminole County high schools on graduation night.
32. Approval by the Board of County
Commissioners to expend $500 from the Law Enforcement Trust Fund to provide for
a contribution to the Florida Missing Children’s Day Foundation, Inc.
33. Approval by the Board of County
Commissioners to contribute $19,000 from the Sheriff’s Law Enforcement Trust
Fund to the Take Stock in Children Mentoring and Scholarship Program
administered by The Foundation for Seminole County Public Schools, Inc.
34. Approval by the Board of County
Commissioners to expend $2,000 from the Sheriff’s Law Enforcement Trust Fund to
provide for a contribution in support of the Central Florida Freedom School
Program operated by Free to Be Me, Inc.
Districts 1, 2,
3, 4 and 5 voted AYE.
REGULAR AGENDA
Jeff Hopper, Planner,
addressed the Board to present request to schedule and advertise a public hearing
to amend Chapter 30 of the Land Development Code to address (1)
manufactured housing in the A-1 (Agriculture) district; and (2) bed and
breakfast establishments in agricultural and residential zones. He stated the proposed Ordinance would
establish manufactured housing as a permitted use within the A-1 district. An Ordinance adopted in February made the
same provision for the A-3, A-5 and A-10 districts. Also provided in the Ordinance is a revision
that would allow bed and breakfast (B&B) establishments to be considered as
special exceptions in all R-1 zones, as well as RC-1 and R-2, and set forth
basic standards for insuring compatibility with neighboring properties. He said staff recommends approval of the
request to advertise the amendments to Chapter 30 of the Land Development Code
as requested.
Commissioner Henley referred to Section 30.1373, Bed
& Breakfast Standards, Item (b)7, and said that standard seems quite
restrictive to him.
Mr. McMillan stated as he recalls the original
authorization for bed & breakfasts was thought to be an ecotourism kind of
thing and to put them in places that would be close to the trails or natural
lands as a place for tourists was the view the Planning Manager had at that
time. Discussion ensued by the Board.
Commissioner Henley said he thinks that is too restrictive
because he has stayed at some bed & breakfasts before that were not a part
of tourism or near a trail. He wondered
why they want to confine them there. Mr.
Hopper said staff can do further research and bring this back during the
process.
Chairman Carey said bed & breakfasts are allowed
in A-10, A-5 and A-3 now only if they are on the trail, so they could just
allow them, as part of this language, as long as they get a special
exception.
Commissioner Dallari said the concern he has with
some of this is that if they open this up, they could potentially have bed
& breakfasts in residential neighborhoods.
With the noise and traffic, they need to be careful where they allow
them throughout the community. Chairman
Carey said she has stayed in bed & breakfasts all around Europe and she has
never known them to be loud, and Commissioner Henley agreed.
Commissioner Horan confirmed with the staff that if
they lifted this restriction to say the B&B’s don’t have to be located next
to a trail, they would still have to get a special exception. He said he agrees with Commissioner Dallari’s
concern that they have a lot of A-1 areas in the County that are located
contiguous and actually surrounded by residential areas. Whereupon,
Commissioner Dallari stated that’s another concern he has about allowing
manufactured housing in A-1. He said he would
like to see the areas on a map before this goes to the public so the Board knows
exactly what they are talking about. He
said they could potentially have manufactured homes next to half-million and
million dollar homes.
Chairman Carey said they have that now. She explained the issue she has with at least
going back and grandfathering what’s existing already. The people have to come to the Board of
Adjustment every year, or two to five years, to plead their case to stay in
their homes; and she doesn’t think that’s reasonable. Commissioner Dallari said he agrees with that
and shares her concern, but he believes these are two different issues. He said once this is opened up to A-1 zoning,
anyone can come into the County and put a mobile home in A-1 zoning and that
will include Markham Woods Road, Brooks Lane and a large part of Seminole
County.
Chairman Carey said there are 199 known manufactured
homes; and if they are not going to allow them, they need to address those so
the people are not coming back to the County on a regular basis asking to keep
their homes.
Commissioner Van Der Weide said he thinks they need
to correct that, but he would hate to open this County up to mobile homes in
all the agriculture areas.
Mr. McMillan said the Board could probably do an
amendment ordinance that essentially removes those restrictions from any prior
existing special exception regarding those limitations. If the Board is interested in grandfathering
all those existing ones that have permits, staff can look at an ordinance that does
just that.
Chairman Carey said there is an Ordinance now that
allows people to come in and request a temporary situation for medical reasons
and they don’t want to affect that. She
is not saying the Board should approve those on a permanent basis, but she
thinks those should be in a temporary scenario.
Mr. McMillan explained there are special exceptions
for mobile homes that are clearly defined in the Code that are to be temporary
in nature. The problem has come up over
the years when people come in for the permanent mobile home special exception,
the Board of Adjustment has been placing time constraints as a condition of the
special exception. The Ordinance doesn’t
define it as temporary. Those are the
ones he thinks Chairman Carey is talking about, and there are a lot of those
mobile homes existing. He said he thinks
the Board can deal with those situations separately and just address those that
have that special condition put on in previous years and wipe them off the
books, while leaving intact the issue of those who came in for temporary ones
and were approved as temporary mobile homes.
Chairman Carey summarized it sounds like they can
address the A-1 issues where people are having to come back on a regular basis
to ask for permission by grandfathering them in, but they need to verify what’s
really permanent housing and not temporary.
They can address the temporary to make sure that those who had temporary
permission for the purposes of medical, etc. are correct. She said she thinks the list provided today is
for the manufactured housing that has come about since the last time there was
grandfathering. She asked if staff can
verify how many there are and bring back a report for the Board to address
grandfathering the permanent ones. She
asked the Commissioners how they want to address the bed and breakfast.
Upon inquiry by Commissioner Dallari, Chairman Carey
advised she thinks a comment came from the Board and that’s how the bed &
breakfast issue came up. Whereupon,
Commissioner Dallari stated he doesn’t see that there’s a big outcry for
something that needs to be changed. He
thinks it makes sense to tie bed & breakfasts to A-5, A-10 and A-3
zonings. It also makes sense to tie them
to some type of trail or agritourism. He
thinks so far the Code works and, if it doesn’t, he would like for someone to
tell him why.
Commissioner Van Der Weide stated he’s not hearing
any outcry either.
Commissioner Henley reiterated it concerns him that
they are restricting the B&B’s solely to locations along the trail. He recommended eliminating Item (b)7 from the
standards. Commissioner Van Der Weide
said he had no problem eliminating Item (b)7.
Nicole Guillet, Growth Management Director,
addressed the Board to answer Chairman Carey that the current Code states
B&B’s are allowed in A-3, A-5 and A-10 if on a trail or associated with an
agritourism. B&B’s are allowed in
A-1 by special exception without the limitation. B&B’s are not allowed under any
circumstance in the residential zoning districts. She advised Commissioner Dallari that staff
brought this back because there was a request from the Board, when the A-3, A-5
and A-10 zoning districts were brought to the Board, to expand allowing
B&B’s into the residential districts as well. This is what’s changing in the new
language. Additional discussion ensued.
Commissioner Van Der Weide stated he agrees with
Commissioners Carey and Henley that having to be on a trail system if in A-3,
A-5 or A-10 is too restrictive.
Whereupon, Chairman Carey asked staff to go back and draft the language
with this change on the mobile home issue in A-1 so that the people in the
permanent manufactured housing are grandfathered in.
Ms. Guillet asked for Board direction regarding the
temporary mobile home users (while building a house or for medical reasons)
that currently requires approval by the Board of Adjustment. The proposed revision to the Code removes that
requirement and allows these to be approved on an administrative level. Chairman Carey said she did not have a
problem with that being done on an administrative level, but if people are
specifically asking for a temporary approval (particularly for medical
reasons), that needs to be monitored to make sure the mobile homes are
temporary and go away. The Board had no objections to the Growth Management
Director being authorized to approve these type requests. Chairman Carey advised approval for staff to bring
that revision back to the Board as part of the amendment to the Code.
-------
Tony Matthews, Planner, addressed the Board to
present the request for a Special Event
Permit for the American Cancer Society Relay for Life of Lake
Mary-Heathrow event to be held at Colonial Town Park on April 15-16, 2011. He advised Commissioners Dallari and Van Der
Weide that nothing has changed for this event from the past seven or eight
years, and the appropriate permits are being obtained.
Motion
by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve a Special Event Permit for the
American Cancer Society Relay for Life of Lake Mary-Heathrow event to be held
at Colonial Town Park, April 15-16, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Joy Williams, Planner, addressed the Board
to present the request for a Special Event Permit for the Orlando Philharmonic
Orchestra outdoor concert from May 6 – May 8, 2011, within the Springs
Community Recreation Area; Carl Rendek, applicant. She said staff recommends approval of the
request by the applicant based upon the following conditions: (1) Six off-duty Seminole County Sheriff’s
deputies will be hired by the applicant to provide security and traffic control;
(2) The dates and hours of the event shall be as follows: May 6, 2011 – Rehearsal only from 7 p.m. – 10
p.m. May 7, 2011 – Main concert event
from 5 p.m. – 11 p.m. May 8, 2011 –
Restricted to a “rain date” to be used only if the May 7, 2011 event is
cancelled; (3) The number of attendees shall not exceed 2,500 people; (4)
Temporary electrical equipment/installation and tents will be permitted as
required through the Building Division; (5) A minimum of 19 portable toilets
will be provided; a minimum of one toilet will be handicapped accessible. No less than 20 trash receptacles will be
provided; (6) A minimum of two Emergency Medical Technicians will be available
on site; (7) Children under the age of 17 must be accompanied by a parent or
guardian; and (8) Temporary signage will be limited to a maximum of two “V”
shaped, double-face signs. All signs
will be permitted from April 12, 2011 – May 8, 2011.
Commissioner Van Der Weide stated there has
been some question about running electrical wires to this location and he wants
to reassure the Board and public about that.
He has had some complaints from a constituent who visited his
office. He assured her, after the staff
ensured him, that all the inspections from the Building office are in
place. He said this activity has been
going on for years. He has attended it
before and it’s a great event.
Motion
by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve a
Special Event Permit for the Orlando Philharmonic Orchestra outdoor concert
from May 6 – May 8, 2011, within the Springs Community Recreation Area located
at 400 Woodbridge Road, Longwood; Carl Rendek, applicant.
Upon inquiry by Commissioner Horan, Mr.
McMillan said he could meet with him to discuss how persons know when they have
to obtain a special event permit. Commissioner
Horan said he brings this up because it seems they should have special event
permit standards and those should relate to safety.
Chairman Carey advised that Deborah Laughridge
had contacted her office as well and submitted documents (received and filed)
to her regarding this event and expressing her concerns. Chairman Carey advised that his event had
been originally scheduled for the BCC agenda on April 26 but was moved up
because the applicant wanted to have time to advertise for the event.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S
BRIEFING
Mr. Forte stated in August staff had come to the
Board and requested permission to hire temporary employees to work with the
Public Safety Department to change the banding within the 800 system. This program is being funded by Sprint and it
was anticipated it would last about six months.
They have gone out and rebanded most, if not all, of the 800 MHz radios
including the mobiles and hand-held ones.
However, they have to go through and touch each unit one more time, so
the program is going to continue another four months. He asked for Board’s approval to extend the
temporary positions. He advised
Commissioner Henley that Sprint will pay for this, and he explained why the
projection was missed by four months.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to approve and
authorize the extension of temporary employees for the communication upgrades
project in the Public Safety Department, noting that this has no impact to the
County’s budget.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S BRIEFING
Mr.
McMillan advised he still does not have a ruling in the simulated gambling case
so he has cancelled the Attorney-Client Strategy Session scheduled for today in
the case of Allied Veterans of the World, Inc., et al. v. Seminole County,
Case No. 6-11-CV-155-ORL-28DAB. He
requested the Board to schedule a session for the Board meeting on April 26
under the County Attorney’s Briefing at 9:30 a.m., or as soon thereafter as possible.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to schedule an Attorney-Client Strategy Session
concerning the case of Allied Veterans of the World, Inc., et al. v.
Seminole County, Case No. 6-11-CV-155-ORL-28DAB, for the BCC meeting of
April 26, 2011, 9:30 a.m., or as soon thereafter as possible, under the County
Attorney’s Briefing; with the same attendees and in accordance with Section
286.011(8), Florida Statutes.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Carey reminded the Commissioners of the Budget Work Session in Room 3024 and
said it will begin at 10:45 a.m.
-------
Chairman
Carey recessed the meeting at 10:29 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials (with Clerk of Court Maryanne Morse being
absent), 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 Van Der Weide,
seconded by Commissioner Dallari, 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
BOARD OF
ADJUSTMENT APPEAL/Dane Duttry
Proof of
publication, as shown on page ________, calling for a public hearing to
consider a request to Appeal the Board of Adjustment’s decision to deny a
variance for a rear yard setback variance from 20 feet to 2 feet; and a side
yard (south) setback variance from 10 feet to 2 feet for a proposed shed in
RM-1 (Single Family Mobile Home) district; located on the west side of Manor
Avenue, approximately 760 feet south of SR 434, Dane Duttry, received and
filed.
Denny
Gibbs, Planning and Development Division, addressed the Board to state the
appellant sought a variance to place a shed in the rear of his property (two
feet from the side property line and two feet from the rear property line)
which was denied by the Board of Adjustment on February 28, 2011.
Ms. Gibbs stated Mr. Duttry appealed
the decision of the Board of Adjustment stating that his need for the shed was
elevated by the disabilities of two of his three children who require special
equipment and special living conditions.
Some of the outside storage will be moved into the shed.
Ms. Gibbs discussed the petition of
support that Mr. Duttry has from 35 of his neighbors. She stated she did receive a letter of
objection (received and filed) from the owner of a rental house that backs up
to Mr. Duttry’s property which she distributed earlier. Ms. Gibbs advised that staff recommends the
Board uphold the Board of Adjustment's decision unless the Board determines
that the request meets the required criteria under Section 30.43 of the
Seminole County Land Development Code (SCLDC) for granting a variance. If the Board should decide to overturn the
Board of Adjustment’s decision, staff recommends the condition that any
variance granted shall apply only to the shed as depicted in the attached site
plan.
Upon inquiry by Commissioner Van Der
Weide, Ms. Gibbs illustrated on aerial photographs from 2007 (received and
filed) where the shed will be located.
She pointed out that the new shed will sit in a different location than
the old shed depicted in the photograph.
The new shed will sit towards the rear on the side and not directly
behind the home.
Commissioner Henley pointed out
that the petition signed by neighbors submitted by Mr. Duttry stated he is
asking for a variance of 2 feet when in fact he is asking for a variance of 18
feet. Ms. Gibbs stated that people do
get “encroachment” and “setback” confused.
Dane Duttry, applicant, addressed
the Board to state when he went to his neighbors to obtain signatures, he
showed them a plat map and explained that the shed would be located two feet
from the property line on the south side and on the west side. He explained his need for the shed.
Mr. Duttry described five
photographs (received and filed) depicting the tents being used as carports,
the proposed shed, a neighbor’s trailer located almost on his property line, a
tent covering his swimming pool, and UPS systems used to sustain power for his
son.
Upon inquiry by Commissioner Van
Der Weide, Mr. Duttry stated he does repair his own vehicles and vehicles that
belong to other family members on the property, but he does not do it for a
living and does not run a business out of his house.
Discussion ensued with regard to
what will be stored in the shed. Mr.
Duttry stated that he intends to put up a privacy fence.
Bernice B. Bolsec, 160 Manor Avenue,
addressed the Board to state she owns Lots 15 and 16. She stated she is opposed to the shed and
believes it is too big for a 50-foot lot.
Upon inquiry by Chairman Carey, Ms.
Bolsec explained that the mobile home depicted in Photograph 3 is used as a
shed, and she and her husband live next door.
Ms. Bolsec suggested that Mr.
Duttry get a smaller shed.
Upon inquiry by Commissioner Van
Der Weide, Mr. Duttry stated that once the shed is in place, everything else
will be removed. He described where his driveway
will go and stated he will be getting a permit for a roof to cover the
vehicle. Discussion ensued with regard
to the temporary structure that is currently on the property.
Mr. Duttry described the four
vehicles that he owns.
Commissioner Dallari stated he
believes there are exceptional issues here that warrant some form of a
variance.
No one else spoke in support or in opposition.
Speaker Request Form from Bernice
Bolsec was received and filed.
Motion by Commissioner Van Der
Weide, seconded by Commissioner Henley, to overturn the Board of Adjustment’s
decision, thereby granting a variance for a rear yard setback from 20 feet to 2
feet and a side yard (south) setback from 10 feet to 2 feet for a proposed shed
in RM-1 (Single Family Mobile Home) district, located on the west side of Manor
Avenue, approximately 760 feet south of SR 434; as described in the proof of
publication, Dane Duttry; and approval of Development Order, as shown on page
_______.
Under discussion, Commissioner Van
Der Weide stated he wants his motion granting the variance to include the
conditions that this proposed shed will be the only storage facility on the
property and Code Enforcement will work with the appellant to make sure that
all of the other items on the property will be cleaned up within 60 days. Commissioner Henley agreed to the amendment.
Upon inquiry by Mr. Duttry,
Chairman Carey advised that the tent being used as a carport is a different
issue and can remain.
Commissioner Van Der Weide stated
that, as part of his motion, he would like the fees waived. Commissioner Henley agreed to the amendment.
Upon inquiry by Ms. Gibbs,
Commissioner Van Der Weide clarified that he wants all fees (original variance
fee and appeal fee) refunded.
Commissioner Horan stated that this
variance is being granted because of the very special and unique hardship
provisions, conditions and circumstances in this particular case.
Districts 1, 2, 3, 4 and 5 voted
AYE.
SEMINOLE TOWNE CENTER AUTO
MALL PCD
MAJOR
AMENDMENT/RCJ of Winter Park, No. 2, Ltd.
Proof of
publication, as shown on page ________, calling for a public hearing to
consider approval of a Major Amendment and Rezone from PCD (Planned Commercial
Development) to PCD (Planned Commercial Development) for 25 acres located on
the north side of SR 46 between N. Oregon Street and Interstate 4, RCJ of
Winter Park, No. 2, Ltd., received and filed.
Chairman
Carey informed the Board that she will be filing a voting conflict for this
item and passed the gavel to Commissioner Henley to assume the duties of
Chairman.
Brian
Walker, Planning and Development Division, addressed the Board to state that the
applicant, RCJ of Winter Park, No. 2, Ltd., is requesting a Major Amendment and
a rezone from PCD to PCD that will change the name of the PCD, add four
buildings and expand the permitted uses.
Mr. Walker explained that the current PCD allows buildings for
commercial and office uses, all in association with an auto dealership. The
proposed Major Amendment and Rezone will continue to allow these uses while
adding the additional uses listed in the proposed amended Development Order.
Commissioner
Carey left the meeting at this time.
Mr. Walker advised the Planning
& Zoning Commission (P&Z) voted unanimously to recommend approval of
the request. He advised that since the
P&Z made their recommendation, there have been changes to Item L in the
Development Order. The portions of Item
L requiring a variance being approved by the Board of Adjustment and the
maximum height of the sign being limited to 75 feet were stricken. He stated that staff recommends approval of
the request.
Commissioner Carey reentered the
meeting at this time.
Upon inquiry by Commissioner
Dallari with regard to the changes to Item L, Mr. Walker stated that the
original proposal required a variance from the Board of Adjustment if the
height of the sign were to change. That
requirement has been eliminated. The
change to Item L also eliminates the maximum height of the sign as being 75
feet.
Mr.
McMillan advised that the maximum height of the sign will still be 75 feet,
that it could be raised from 50 feet to 75 feet. He stated that the sign can be 75 feet above
the ultimate grade, whatever the ultimate grade is. If the elevation of I-4 does not go up, then
the sign will be 75 feet from the current elevation.
Brett
Blackadar, Acting Assistant County Engineer, addressed the Board to explain the
changes that will be made to I-4 at this location.
Commissioner
Henley advised that the current sign is elevated at 50.9 feet.
Upon inquiry by Commissioner Horan,
Mr. McMillan explained that the 75-foot elevation will be measured from the
crown of I-4, perpendicular to the location of the sign. He further advised that the condition says
that the height of the existing sign may be increased. The condition is that they are raising the
existing sign, not putting it somewhere else.
Tracy Crowe, representing Seminole
Towne Center Auto Mall, addressed the Board to state that Item K in the
proposed Development Order has the signage measurements from the original PCD
and that there had been a subsequent amendment.
She displayed a copy of Item K (received and filed) with the correct
numbers.
No one
else spoke in support or in opposition.
Speaker
Request Form from Tracy Crowe was received and filed.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to approve the Seminole
Towne Center Auto Mall PCD Major Amendment and the Amended and Restated
Development Order, as shown on page _______; and enact Ordinance 2011-9, as
shown on page _______, rezoning from PCD to PCD 25 acres located on the north
side of SR 46 between N. Oregon Street and Interstate 4; as described in the
proof of publication, RCJ of Winter Park, No. 2, Ltd., with staff findings and
with the signage changes submitted by the applicant in her presentations. Commissioner Dallari noted that the sign is
actually in an existing location which will not be changed.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey abstained from
voting.
A Memorandum of Voting Conflict
Form 8B, as shown on page _______, for Commissioner Carey was received and
filed.
Commissioner Henley returned the
gavel to Commissioner Carey to resume the duties of Chairman.
DONNIE
MYERS RV PCD MAJOR AMENDMENT/Robert Von Herbulis
Proof of publication, as shown on
page ________, calling for a public hearing to consider approval of the Donnie
Myers RV PCD Major Amendment and Rezone from PCD (Planned Commercial
Development) to PCD (Planned Commercial Development) for 10.35 acres located on
the SW Corner of Orange Boulevard and Monroe Road, Robert Von Herbulis, received
and filed.
Brian
Walker, Planning and Development Division, addressed the Board to state that the
applicant, Robert Von Herbulis, is requesting a Major Amendment along with an
associated rezone from PCD to PCD. He
stated that the proposed amendment and rezone will amend the name of the PCD
and the types and the uses of buildings proposed for the site to include
general office, recreational vehicle sales and service, warehouses, security
offices, and a restaurant. Permitted uses will include general retail and all
other permitted and conditional uses allowed in the Retail Commercial
District. Each of the three phases of
the proposed development will be self-sufficient from an infrastructure
standpoint in the event subsequent phases are delayed or abandoned.
Mr. Walker
stated that the P&Z Commission voted unanimously to recommend
approval. He advised that since the
P&Z Commission made their recommendation, the applicant has proposed turning
lanes on Monroe Road. He stated that
staff recommends approval of the request.
Upon
inquiry by Commissioner Henley, Mr. Walker said that staff is supporting the
proposal of turn lanes.
Site Plan
and turn lane modification were received and filed.
Chairman
Carey discussed the prohibited uses in the Development Order (mechanical, body
work, painting of vehicles and storage of chemicals) and questioned why staff
was recommending prohibiting those uses.
Mr. Walker stated that the applicant had indicated that all of their
renovations would be interior renovations.
Robert Von
Herbulis, applicant, addressed the Board to state that he and the owner, Donnie
Myers, are present to answer any questions the Board might have.
Chairman
Carey stated that in the luxury coach business, it is not uncommon to need
painting, body repairs, mechanical services and that type of activity. While that is not the business today, if the
business expands to that, this Development Order would prohibit that from
occurring on the site. Mr. Von Herbulis
requested to have those uses added since there is the possibility they might be
needed in the future.
Upon
inquiry by Commissioner Horan, Mr. Von Herbulis stated those limits were part
of the original PCD. He stated that as
of today, Donnie Myers RV does not provide those services, only interior
customization. He added that they could,
as Chairman Carey has indicated, potentially put in those services in the
future.
No one
spoke in support or in opposition.
District Commissioner
Carey recommended approval, striking the sentence regarding prohibited uses.
Motion by Commissioner Van Der Weide, seconded
by Commissioner Horan, to approve the Donnie Myers RV PCD Major Amendment and
the Amended and Restated Development Order, as shown on page _______; and enact
Ordinance 2011-10, as shown on page _______, rezoning from PCD to PCD for 10.35
acres located on the SW Corner of Orange Blvd and Monroe Road; as described in
the proof of publication, Robert Von Herbulis, with staff findings and striking
the last sentence in Paragraph (3)b of the Amended and Restated Development
Order regarding prohibited uses.
Districts 1, 2, 3, 4 and 5 voted
AYE.
BEL AIRE
HILLS MSBU
Proof of publication, as shown on
page ________, calling for a public hearing to consider adoption of an
Ordinance establishing a Wall Replacement MSBU for Bel Aire Hills Units 1, 2
and 3; and adoption of a Resolution implementing BAR #11-47 allocated for this
project, received and filed.
Carol Watral, MSBU Project Manager,
addressed the Board to present the request, stating the community support rate
of the Petition for Improvement was 71% among the 319 benefiting
properties. Additionally 36 e-mails
(received and filed) have been received in support of the project and 1 e-mail
(received and filed) has been received opposing the project. The applicant has requested the pre-caste
concrete wall approach.
Ms. Watral stated the Engineering
Division has reviewed and approved the estimated costs and preliminary designs
outlined for this project. The total cost
for the project, estimated at $418,000, is to be allocated to each benefiting
property on a per lot basis based on its location to the wall. This yields a per lot assessment of
approximately $1,600 for abutting properties and $1,280 for non-abutting
properties. A 10—year financing term is
requested which will yield an estimated annual installment of $199 for abutting
properties and $160 for non-abutting properties.
Commissioner Van Der Weide stated
that this has been a long time in coming.
Upon inquiry by Commissioner
Dallari, Brett Blackadar stated he believes a wall like this can be done in 60
days or less. With regard to how long it
will take to bid the project out and start construction, he stated it is
usually a 4-month process. Chairman
Carey clarified that the entire process should take six to eight months.
Dawn Erickson, 3063 Windchime
Circle East, addressed the Board to state that she is the Wall Committee
chairman. She introduced photographs
(copy received and filed) of the existing wall and a map (copy received and
filed) highlighted in red, purple and green of Bel Aire Hills Phases 1, 2 and
3.
Ms. Erickson discussed the effects
the current wall is having on the neighborhood and stated that they are in desperate
need of a new wall. She stated that she
has a petition (copy not received and filed) with 72 signatures of surrounding
subdivisions that support the new wall.
Luis Morales, 1022 Branchwood
Drive, addressed the Board to state he lives in Subdivision 2. He stated he worries that the broken wall is
a hazard to the children walking in the area.
He hopes, for the safety of the community and the children, the Board
will approve this item.
Gilbert Cauthorn, 3154 Windchime
Circle South, addressed the Board to state he believes the current fences
causes lower property values and makes the entire area look like a slum
area. He supports this item.
Carrie Canfield, 2822 Bermuda
Avenue North, addressed the Board to state she believes the current wall holds back
the neighborhood. She discussed the
current condition of the wall for all three phases. She presented a letter (received and filed)
outlining some of her concerns and stated she is in favor of this item.
Patricia L. Marshall, 3190 Tobago
Court, addressed the Board to state she is one of the original owners in Phase
2. She stated that the current wall is
demoralizing and gives the community a bad name.
Michael Debler, 3013 Orleans Way,
addressed the Board to discuss how a new wall will increase the property
values, beautify the community and the County and make the community safer.
Joseph Pensante, 3025 Orleans Way
North, addressed the Board to state he believes a new wall will be a win
situation for everyone. He stated his
community needs the help of the Board to get the wall fixed.
Shirley Bell, 909 Suwannee Drive,
addressed the Board to state that her property taxes have gone up and this new
expense will put her out of her home.
She discussed fixing the current fence in all three phases. Ms. Bell discussed the current vandalism that
is occurring to the fence. She presented
information (received and filed) from several court cases.
No one else spoke in support or in
opposition.
Speaker Request Forms were received
and filed.
Commissioner Van Der Weide stated
he drives by this neighborhood and has seen the deterioration of the wall. He stated he is happy to see that this many
neighbors want to get together to fund a new wall out of their own monies,
which will be on their tax bill, and is glad that the County could help.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Dallari, to adopt Ordinance 2011-11, as shown on page
_______, establishing the Bel Aire Hills Wall Replacement MSBU; authorize
execution of Lease Agreements and Grant of Temporary Easements, as shown on
page _______, for Hector L. and Lucille Caldero; Kyu Wan Chae, Wol Young Chae,
Soon Hee Chae, and Yoon Suk North Chae; Chris M.H and Frank Chiu; Gerardo
Columbie; Theresa F. and Earl W. Crawford; Priscilla G. Debler; George J. and
Debra Dequattro; George E. and Mabelyn Dominguez; Penny E. Iobst; Dominique
Kaiser; Michael E. Lindquist; Graziano and Lucille Marchi; Nicolas and Holly H.
Mora; Claricianna Moreau; Wanda I. Padin; Andrew J. Peralta; Alan J. and
Barbara A. Pinkerton; Carlos Quintana, Jr. and Gena L. Quintana; Tijon Robinson
and Steven W. Taylor; Steven R. and Rebecca J. Russell; Richard A. and W. Joyce
Shaw; Segismundo Valdivieso; Frank U. and Bonnie J. Valero; John M. and
Jennifer M. Wassman; and Stanley and Patra L. Williams; and to adopt
appropriate Resolution 2011-R-75, as shown on page _______, implementing BAR
#11-47 in the amount of $418,000 allocated for this project, as described in
the proof of publication.
Districts 1, 2, 3, 4 and 5 voted
AYE.
BOARD OF
ADJUSTMENT APPEAL/Dane Duttry (continued)
Concerning
Item #39, Chairman Carey advised that the Building Department has stated that
their records do not show that there has been a building permit application
made for the shed. The estimated
building permit fees will be $41 plus adding electric will be $20 for a total
of $61. She asked if the intent of the
motion was to waive all fees including the building permit fee. Commissioner Van Der Weide stated he believes
that the building permit fees need to be paid.
Chairman Carey clarified with staff
that a building permit will be needed and that fee will need to be paid.
LEGISLATIVE
UPDATE
Sabrina
O'Bryan, Legislative and Grants Program Manager, addressed the Board to give a
status report on legislative issues. She
advised that last week she discussed with their lobbyists all of the items that
they were tracking and monitoring for Seminole County. The lobbyists requested some clarification on
the priority of items so they did review the 2011 Legislative guide as well as
the items that are being tracked and reiterated, based on the Board's action
with recent resolutions or letters or direction, what the priorities were.
Susan Dietrich, Assistant County
Attorney, addressed the Board to update the Board on the fertilizer bills, HB
457 and SB 606. She stated that the
preemption was removed. The current
ordinances in the state that were adopted prior to July 1, 2011 are
grandfathered in. Counties will continue
to be able to regulate the use and application of fertilizer but not the sale
of fertilizer. Ms. Dietrich stated that
both the House and Senate bills are moving through committee and noted that FAC
has indicated that they believe they will pass as drafted.
Ms. Dietrich advised that on-line
travel bills, HB 493 and SB 376, have passed out of their respective
committees. This bill will permanently
allow on-line travel companies to remit state and local taxes on the wholesale
or discounted price instead of the retail price for the use of a hotel room. Currently the House bill has one more
committee stop and the Senate bill is expected to be heard in either the Senate
Budget or Rules committee this week. She
stated staff will keep the Board updated on these bills.
Upon inquiry by Commissioner Henley,
Ms. Dietrich stated that they, along with FAC, are in opposition to the on-line
travel bill.
Mr. McMillan stated that the County
is involved in a class action suit and confirmed with Ms. Dietrich that the
bill is not retroactive.
Ms. O'Bryan discussed the
retirement bill, SB 2100 and HB 1405. She
advised there will be a Conference Committee that should be scheduled later
this week where both the House and the Senate will discuss HB 1405 and SB 2100
and anything else that could be introduced into that Conference Committee for
consideration regarding pension reform.
She explained the tiered system in SB 2100 which would require 2% of
employee contributions for the first $25,000 of their annual income, 4% for the
next $25,000 and 6% over $50,000. She stated
that the DROP program would close to new participants, meaning people who enter
into the retirement system after July 1, 2011, and close down on July 1, 2016;
whereas HB 1405 would close DROP immediately.
The bill retains the current retirement age. In regards to vesting, vesting would be
increased to 10 years. Ms. O’Bryan
stated COLA contributions would start to phase out for employees hired prior to
July 1, 2011 and gave an example of how that would work.
Upon inquiry by Chairman Carey, Ms.
O'Bryan stated that her understanding was that people would be allowed to enter
DROP through 2016; but after 2016, DROP would go away. She clarified that in regard to vesting, the
employer's contribution is 20% for the first year and then 20% each year for
the remaining five years. Ms. O’Bryan
informed the Board that once the Conference Committee is entered into, anything
can be discussed.
Ms. O’Bryan stated that in regards
to the 2% Property Tax Cap bill, this bill will cap county, city, special
districts, and ad valorem tax revenues at 2% of the taxable value for each
parcel. This was a proposed committee
bill. She explained the excess revenue,
as with some of the other bills, would go back to the State for
distribution. If there was a property
that yielded a higher rate and it was collected, it would be turned over to the
State. Excess revenue, if it is
collected, would go to the State for distribution. The County wouldn't be permitted to
distribute it at a local level for things that are needed here. Discussion ensued.
Upon inquiry by Commissioner
Dallari, Ms. O'Bryan stated that Legislative Coordinator Davin Suggs, from FAC,
has been attending the committees and speaking up on behalf of counties.
Mr. McMillan asked if Ms. O'Bryan
could confirm that the contributions that the employees will be required to
make under the contribution schedules will not go into the pension fund but
rather will go into the State general fund.
Ms. O'Bryan stated that staff can look into that this afternoon.
Commissioner Dallari recommended a
letter from the Board be sent to the State Representatives and Senators that
represent Seminole County to express the Board's opinions with regard to the
bills that will adversly affect the County and its budget. No
objections were voiced.
Commissioner Van Der Weide
requested that Ms. O'Bryan find out the cutoff date for filing new committee
bills.
Ms. O'Bryan stated that House Joint
Resolution 381, regarding the non-homestead assessment cap being reduced from
10% to 3%, was not heard today. The
committee ran out of time. The Senate
Joint Resolution was scheduled this afternoon for the judiciary committee but
she does not know the outcome yet. FAC
is strongly opposing this.
Ms. O'Bryan stated that the
Communication Services Tax is an item that staff is watching. There is an anticipated amendment that hasn't
been filed yet that would reduce the current rate from 5% down to 4%. She stated that Fiscal Services has indicated
that would cause about a $1.8 million annual hit to the budget. She stated that the State Revenue Limitation
bill (Smart Caps) passed the Appropriation Committee today. This bill changes the calculation by
inflation and population growth for revenue.
Ms. Dietrich stated this is also known as TABOR.
CHAIRMAN’S
REPORT
Chairman Carey stated Seminole
County was recently notified that it was the second healthiest county in the
state. The report is intended to be used
for county officials to determine programs and policies that will best
influence the health of its citizens.
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Chairman Carey stated that the
Seminole County Golden Eagle Boy Scout event was held last week. They honored Sheriff Eslinger and raised over
$261,000 for Seminole County scouts.
That money stays here in the community to help families that need
assistance for their children to be in the program.
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Chairman Carey stated that the
Ovarian Cancer Alliance of Florida had their Steel Magnolias’ luncheon on April
9. There was a packed house of 500
people.
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Chairman Carey noted that April is
an important month to the Nation's history.
April 12 is the 150th anniversary of when Confederate batteries opened
fire on Fort Sumter and commemorates the first shots of the Civil War. April 19 will be the anniversary of the
battle of Lexington and Concord which opened the American Revolution in 1775,
the shot heard 'round the world. She
wished everyone a happy Easter.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter
dated March 18, 2011 to the Seminole County Commission Chairman from Greg
Rockwell, CPA, Director, Division of Financial Management, St. Johns River
Water Management District, re: Comprehensive Financial Report.
2. Letter
dated March 18, 2011 to the Seminole County Commission Chairman from Donna
Gardner, City Clerk, City of Casselberry, re: Annexation Ordinance No. 11-1346.
3. Copies
of Letters dated March 23, 2011 to Seminole County’s Florida Legislative
Delegation, copying the Florida League of Cities, Florida Association of
Counties, Florida Stormwater Association, and Shutts & Bowen from Brenda
Carey, Chairman, Seminole County Commission, re: Home Rule – Local Authority
Fertilizer.
4. Copies
of Letters dated March 23, 2011 to Seminole County’s Florida Legislative Delegation,
copying Governor Rick Scott, State Senator Mike Haridopolos, Speaker Dean
Cannon, the Florida League of Cities, the Florida Association of Counties,
Seminole County Tax Collector, Seminole’s Municipalities, and Shutts &
Bowen from Brenda Carey, Chairman, Seminole County Commission, re: TABOR, Smart
Caps, Revenue Limitations.
5. Copies
of Letters dated March 23, 2011 to Seminole County’s Federal Delegation,
copying Federal and State Lobbyists and the National Association of Regional
Councils from Brenda Carey, Chairman, Seminole County Commission, re:
legislation that would allow for truck size and weight increases.
6. Notice
of Public Hearing from the City of Sanford to consider a vested rights
application by Sun Trust Bank to allow drive-thru lanes in the Downtown
Commercial Historic District.
7. Letter
dated March 29, 2011 to Brenda Carey, Chairman of the Seminole County
Commission, from Diane Picket Culpepper, Bright House Networks, re: Programming
changes.
8. Letter
dated March 30, 2011 to Seminole County Board of County Commissioners from
Robert Groves, Director, United States Department of Commerce, U.S. Census
Bureau, re: Census County Question Resolution.
9. Letter
dated March 31, 2011 to Seminole County Commission from Nancy Peterson, Cats
Program Manager, The Humane Society of the United States, re: changes to animal
control ordinance.
10. Letter dated March 31, 2011 to Brenda Carey, Chairman of the
Seminole County Commission, from Jacquelyn Dupree, Community Program Manager,
Disaster Recovery and Neighborhood Stabilization Programs, re: Florida Disaster
Recover CDBG Contract #10DB-K4-06-69-01-K33 On-Site Monitoring Report, December
17, 2010.
11. Letter dated April 7, 2011 to Commissioner Brenda Carey from Gloria
Wade re: changes to the Seminole County Code as it pertains to Animal Services.
12. Notice of Public Meeting from the City of Lake Mary to consider a
wall waiver for property located at 1795 W. Lake Mary Boulevard.
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Dallari stated he was at
a public meeting in one of the communities for the Dean Road widening project, and
a big issue that came up was sound due to the road widening and the road getting
closer to their homes. The residents
were asking if the County can look at the road widening project and address the
sound issue. He told the residents that
he would bring the issue back to the Board and they can give direction to staff
to look at sound.
Mr. Blackadar stated that there is
not a specific policy on sound walls.
The only policy they have is if the sidewalk grade is raised next to an
existing fence or road more than a foot, the County will replace the
subdivision wall. He stated that the
only time staff addresses sound on a County project is when projects are done
on state roads with federal funding or potential federal funding. Then they are required to do a sound
study. He described the two projects
where a sound study was done and advised that a sound wall was not justified.
Commissioner Dallari pointed out
that in at least two places on the map, the road gets very close to property
lines, if not right up to the back of those homes. He thinks it would be advantageous to look at
it from the sound perspective.
Chairman Carey discussed the sound
issue at other locations.
Commissioner Van Der Weide stated
it would not hurt to look at it.
Mr. Blackadar stated that they have
a preliminary estimate of $60,000 from Atkins, formerly Post Buckley, for a
sound study for this corridor.
Upon inquiry by Commissioner
Dallari as to how much the road project is costing from beginning to end, Mr.
Blackadar stated it will probably be a $7 or $8 million project.
Commissioner Dallari said he believes
to add the sound study will not hurt the budget and will put people's minds at
rest that the issue has been addressed and the County will try to make any
concessions if possible.
Chairman Carey stated $60,000 is
$60,000 out of the limited funds that they have, and she believes sound studies
have not been done for other projects.
If staff wants to go see how close some of these folks are to the road, that
is one thing. She stated she can give a
lot of examples of much higher traveled roads than those where walls have not
been built despite the requests.
Commissioner Dallari reminded
everyone that the Board is not committing to building a wall yet.
Chairman Carey stated she is
opposed to spending $60,000 to do a sound study when it is not the
recommendation of the professional engineering staff that a wall is needed for soundproofing. When they did sound studies on SR 434, which
has a lot more traffic and houses that back right up to SR 434, they could not
warrant sound walls.
Commissioner Henley discussed a
meeting that he had with Secretary Downs, George Lovett, Jerry McCollum,
Congressman Mica's aide, and Senator Simmons' aide about a wall. He stated there have been requests for walls
when Lake Emma was started and when widening occurred at The Springs. This goes on all over. He believes somewhere along the line whole
communities will be walled in on roads.
The County cannot really afford those nor should they because most of
those walls are not sound walls.
Jerry McCollum, County Engineer,
addressed the Board to describe what normally generates the need for a sound
wall. He stated that with other types of
roads, in general, when there is not a high percentage of trucks, you would
never need any type of sound barrier type requirements.
Upon inquiry by Commissioner Van
Der Weide, Commissioner Dallari stated he would like staff to first review this
project and then report back to the Board to see if a study is needed.
Upon inquiry by Chairman Carey, Mr.
McCollum stated the project is at the preliminary engineering stage. He stated he used to do sound studies as a consultant
when he worked for DOT. He explained
that you cannot just go look, that you have to run studies, set up receptors, and
define backgrounds. Professionally, you
cannot have someone say I went and listened and you need to do it or don't need
to. You really have to conduct the
study.
Mr. Blackadar indicated the Fox
Chase subdivision on a map and discussed the section in question.
Discussion ensued with regard to
the traffic counts on this road compared to SR 434.
Chairman Carey verified with Mr.
McCollum that the study of SR 434 did not warrant a wall. He stated that typically sound studies are
not done on local road widening.
Commissioner Dallari stated this is
not just a local road but will be a major artery when the road widens into
Orange County. Upon inquiry by
Commissioner Dallari, Mr. McCollum stated when there is 8% to 10% of trucks
during peak hours, which is a huge amount of trucks, is where you will deal
with the noise barriers. He stated you
will never have that type of truck percentage on Dean Road.
Commissioner Horan stated that be
believes that delivery trucks, to avoid paying tolls on 417, will take Dean
Road as an alternative; so there will be increased truck traffic there. He stated he is familiar with Fox Chase and
the curve of Dean Road and believes when the people talk about noise, they mean
privacy. In terms of the design of that
road, to the extent that you can mitigate the effect of a widened road, the
privacy of that neighborhood should be kept foremost in staff's mind.
Mr. McCollum explained how staff
deals with intrusion, buffering and privacy.
Mr. Blackadar stated they haven't done the study yet or laid out the
profile which is done during final design.
He explained what will happen to the wall if the road goes up a foot or
more.
Discussion ensued with regard to
landscaping.
Commissioner Dallari clarified that
he is asking staff to look at this issue to see if a sound study is warranted.
Mr. McCollum stated staff can bring
this back to the Board at the next meeting.
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Commissioner Dallari noted that at
the last meeting the Board had talked about the 17-92 CRA Master Plan. He stated that he wants to be sure that staff
is working with the RPA and that the Master Plan goes to the RPA as soon as
possible but before it comes to the CRA Board.
He added that he would like to have the consultants that actually did the
Master Plan report to the Board so they can hear what they have to say.
Mr. Forte stated that the plan is
for a brief presentation to be presented to the CRA Board on the Master Plan.
Upon inquiry by Commissioner
Dallari, Ms. Guillet stated that it has not yet gone to the RPA but that on May
10, the consultants will be here to talk to the CRA to present the draft thus
far and to get some direction from the CRA.
Commissioner Dallari advised that
the matter needs to go in front of the RPA first; otherwise, they are being
circumvented. It is important to get
their input and that they are the first line of input as well.
Ms. Guillet stated that the intent
is to bring the matter to the RPA after staff gets an initial response from the
CRA.
Commissioner Dallari stated that if
the matter goes to the RPA posthaste and then comes to the CRA, it should take no
more than 45 days to get to the CRA.
Chairman Carey suggested it be
presented to the RPA, let them review it, take their comments, and bring it to
the CRA. She explained why she would
like to see the report as it is coming from the consultants.
Ms. Guillet stated that the next
RPA meeting is April 21. She stated she
did not know if the consultants will be able to do the presentation that they
were intending to do for the CRA on May 10.
Chairman Carey stated that the consultants can make a presentation to
the RPA, take their comments and bring the comments to this Board along with
the consultants' presentation on May 10.
Ms. Guillet agreed.
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Commissioner Horan expressed his
disappointment with regard to the photovoltaic grant. He stated he is meeting with some of the
people involved to discuss what happened and a path going forward.
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Commissioner Van Der Weide stated
that he is aware there was a Risk Management meeting today and wondered what
the status of the health clinic was. He
stated if the bid is about to run out and this Board has got to take action
between now and the next meeting before it goes away by the calendar, he thinks
it is important that they discuss it.
Chairman Carey stated that there
was a unanimous vote this morning at the Risk Management Committee meeting to
allow this to expire and for the County to move forward with prescription drug
programs and a wellness program. At that
point, if they need to come back and look at a clinic after they had done some
other things that wouldn't cost so much out of pocket, they could go back and
look at it at that time.
Upon inquiry by Commissioner Van
Der Weide as to whether or not they would be starting from scratch at that
time, Chairman Carey stated that they would.
She explained that the RFP was over a year old and the Purchasing
Manager advised that the RFP had been out there so long that it would not have
been advisable to move forward as it was.
It would have expired at the end of March had Mr. Forte not continued it
to get it before the Risk Management Committee.
Commissioner Van Der Weide stated
that he saw a lot of hope in that clinic for the lower-paid employees as a
benefit to their family and that is his big concern.
Commissioner Henley stated he does
not think it is within the purview of the advisory committee to kill it because
it had been presented to the Board and was in the Board's hands, not the
committee's. He thinks it is
inappropriate for them to make the decision to let it expire, that that should
be a decision this Board makes.
Discussion ensued regarding when
the proposal expires.
Commissioner Henley requested
consensus of the Board to have staff do an update concerning the clinics that
are existing to see how successful they are or are not. He would also like staff to come forward with
a recommendation as to what it would cost to implement the proposal before they
automatically kill it. He noted that
health costs are continuing to go up, and they have the monies in the reserve
that can make it happen. He does not see
why the vendors who responded should have their bids thrown out now that they
have exposed themselves and go back out for bids.
Chairman Carey stated that the
clinic itself was always in Risk Management; it never came to the Board of
County Commissioners. She updated the Board
as to what had happened in previous Risk Management meetings. She advised that it was the unanimous
recommendation of the Risk Management Committee today to not move forward with
the clinic at this time. She noted that if
necessary, they can make that decision right now because by the time they meet
again, the 30-day extension will have expired.
Mr. Forte stated that it was a 30-day extension from March 31.
Commissioner Horan stated what he
thought he voted on today at the Risk Management Committee meeting was to make
a recommendation to the BCC that they should go ahead and allow this to expire
because they want to pursue other alternatives for providing levels of service
for the employees and reduce amounts by pursuing the drug programs and the wellness
program.
Chairman Carey stated that was
correct. She explained that when the
former Risk Management Committee was talking about doing the clinic and talking
about making a recommendation, they got the RFP, reviewed them, and
presentations were made. The Risk
Management Committee never brought it to the Board of County
Commissioners. The last time that they
met they decided to not move the recommendation forward to the BCC but to wait
until the next Risk Management meeting which did not occur. She explained that when she got the call from
Mr. Forte that it was about to expire, they convened a Risk Management meeting
to see what the Risk Management Committee wanted to do; if they wanted to move
it forward or not. The vote today was to
not move the project forward, in other words, the committee is not recommending
it to the BCC.
Commissioner Horan stated it was
his understanding that that recommendation would then be provided to the Board
at the next BCC meeting.
Chairman Carey stated that is right,
to not move forward. She stated that
typically what comes to the Board are the things that are recommended to come
out of Risk Management which are the things that were discussed today like the
wellness program and the prescription drug programs and those types of
things. If somebody wants to make a
motion, Chairman Carey stated she would be happy to entertain a motion.
Commissioner Horan explained he
thought he was voting on an RFP that had gone out where they had already gotten
the bids in, that the decision was to not go forward with that RFP, and that
they make that recommendation to the BCC.
He noted that in response to Commissioner Henley's comment that the
Executive Committee is in some way, shape or form usurping the authority of the
Board, that was not his understanding.
It was his understanding that their recommendation would come to the BCC.
Mr. McMillan stated that the
administrative code of the Risk Management Committee is rather loose and says
the committee will do whatever the BCC assigns them to do. They usually are the board that makes
decisions about insurance and other things and then staff goes off and does
them. Ultimately the award of the
contract comes to the BCC. Things don't
usually come back to the Board on an interim basis. He stated that his recollection is that at
some point this issue did come to the Board.
He stated that the BCC can decide how it should be handled from this
point forward.
Commissioner Dallari stated he
believes this matter should be agendized for the next meeting. That way everyone will be working together as
a group.
Commissioner Henley stated he would
like the Board to direct staff to get an update on clinics and also give them
some information as if this Board were to decide at the next meeting to move
forward, what it would cost when the time comes. He doesn't think there is anything wrong with
a request for that information.
Otherwise they are not looking at everything and making a decision. He has no problem with the wellness program
and drug program.
Commissioner Horan stated that the
Risk Management Committee has already directed staff to look into a number of
programs that they would like to discuss with the entire Board. He discussed some reasons why Commissioner
Henley might want to wait until the next meeting to request more
information. In the next two-week
period, they have already given staff a lot of work to do with regard to health
care, with regard to wellness programs and drug programs. Commissioner Horan stated since they can't
discuss the issue with each other privately, they could go ahead and discuss
some of the things that were brought up at the next meeting.
Commissioner Henley stated he did
not have a problem with that but stated he had asked staff and the managers several
days ago to start trying to get the information brought up to date because he
was going to bring up the issue before the BCC.
He thinks it is information that is needed before they start making all
of these decisions.
Upon inquiry by Commissioner
Dallari, Mr. Forte stated that some of the information is easy to obtain and is
available. Other parts will need to be
collected, especially the information that staff was assigned this
morning.
Chairman Carey stated that private
clinics and city clinics are different from county clinics; that it is not even
apples to apples. Commissioner Henley noted
that any information, success or failure, is important to the Board.
Commissioner Van Der Weide
discussed the membership changes that have occurred in the Risk Management
Committee. He stated he is not against
what the committee decided today and thinks that could be included. A clinic, in his mind, is something that
would be a real benefit for the lower-paid employees and he hates to see it
die. The money is in reserves.
Chairman Carey requested that a
vote for the clinic be put on the next agenda.
They can discuss the other things that were discussed at the committee
meeting but staff is not going to be prepared.
Mr. Forte stated the only thing
that the Board will be asked at the next meeting is to request that the vendors
extend the RFP even further because they won't be ready to award. Chairman Carey stated that the Purchasing
Manager has already said that it shouldn't have been extended in the first
place.
Commissioner Horan stated the only
thing on the next meeting’s agenda is the recommendation from the Executive Committee.
Chairman Carey stated that the
recommendation was to not extend the clinic.
She added it was made because they had other things that they were
discussing. Chairman Carey stated it
will be on the agenda for a vote.
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Commissioner Henley advised that he
and Mr. McCollum met with Secretary Downs and George Lovett concerning SR 46 on
the Integra project; and they agreed that nothing would be required until the
apartments were built and then a stoplight could go in. Upon inquiry by Commissioner Henley, Mr.
McCollum stated they said they would consider that strongly. He stated he has been working with the FDOT
staff as well as all parties involved.
He believes that is what will occur and has sent a letter regarding
that.
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Commissioner Henley stated that he
has had a meeting with the people from the Board of Directors with the Seminole
Soccer Club. They want to sell. He has become aware that the bordering
equestrian property is also for sale or trade.
There is a portion of woodlands that connect both properties that is in
foreclosure. He advised that he
requested Mr. Forte and the acquisition staff to begin to look at those
properties to see if there was a deal that could be worked out.
Mr. Forte discussed the new
Acquisition Committee and described the process. He agreed to give the Board an update at the
next meeting.
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Commissioner Horan described a
meeting he had with representatives of Orlando City Soccer about three weeks
ago with regards to an initiative they have to bring more teams here for
training. He stated they love the
County's facilities and think they are better than anything they can encounter
anywhere else. They basically committed
and said if we can give them fields that they can actually train on for
professionals, they can bring more teams here for training.
COUNTY
ATTORNEY’S REPORT
Mr. McMillan reminded the Board
that the County Manager interviews begin on April 20 at 9:00. He advised that on April 21 at 9:30 there will
be a Special Meeting to do the public interviews and make a selection.
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John Casselberry, 700 South Lost
Lake Lane, addressed the Board to describe the probate of his mother's
estate. He stated the Court had
appointed an attorney to administer the estate and they were trying to get the
estate closed. He stated that the
Clerk's Office has refused to record his response to the Final Accounting and
Petition for Discharge in the Probate records on the instructions of two
judges. He described the Order from
Judge Benson. In discussing the matter
with the Clerk's Office, he has asked to speak to the Clerk's attorney and none
of the people that he spoke to knew who the attorney is for the Clerk's Office.
Chairman Carey stated that the
Board would not know that either, that the Clerk is an elected Constitutional
Office. If she has legal counsel, they
would work for her, not the Board.
Upon inquiry by Mr. Casselberry,
Chairman Carey stated that the Board does not approve the Clerk's budget, that
she has her own budget which they don't review.
It goes to the State.
Mr. Casselberry stated that the
judges are interfering with a response to a final accounting and ran him over a
deadline. Chairman Carey stated it sounds like a court issue, something to
take up before the courts and not before the Board of County
Commissioners.
Mr. McMillan stated that neither
the Clerk nor the judges take any directions from the Board.
Mr. Casselberry stated that he
believes the Clerk needs to have her own legal counsel and thought the Board
controlled that.
Commissioner Henley stated that the
Clerk has a legal budget. When she needs
an attorney, she has the authority to hire one.
He stated he did not believe she has an on-staff attorney.
Mr. Casselberry stated that he had
filed a response and would like that in the record here. He stated that it is written on his Request
Form that he filed a response to the petition for discharge.
Speaker Request Form from John
Casselberry was received and file.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:55 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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