BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 14, 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, May 14, 2013, in
Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
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 Court Maryanne Morse
County
Manager James Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Terri Porter
Father John Bluett, St. Steven’s Catholic Church, Winter Springs,
gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by
Commissioner Carey, to adopt Proclamation, as shown on page _______, proclaiming the week of May 19 through May 25, 2013 as
“Emergency Medical Services Week” in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
Tad
Stone, Public Safety Director and Fire Chief Leanna Mims, Public Safety
Department, accepted the Proclamation.
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Motion by
Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate
Resolution #2013-R-131, as shown on page _________, recognizing Thomas E.
Johnson for 21 years of service and dedication to Seminole County Government
and its citizens, upon his retirement on April 30, 2013 from the Department of
Public Safety EMS/Fire Rescue Division.
The
Resolution was presented to Chief Mims who accepted on Mr. Johnson’s behalf.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Motion by
Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate
Resolution #2013-R-134, as shown on page _________, acknowledging Seminole
Cultural Arts Council’s Artist of the Year 2013, talented painter, Jeff
Sonksen.
The Resolution was presented to Mr.
Sonksen along with Seminole Cultural Arts Council Board Members.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, advised that under
Public Hearings, staff would like to pull Item #41, Fire Alarm Control
Ordinance. It will be re-advertised to a
future date.
Commissioner Henley advised he would like Item
#17, Agreement with Red Raider Baseball Club, pulled for a separate vote, declaring a conflict of interest.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to authorize and approve
the following:
County Manager’s
Office
Human Resources Division
4. Approve and authorize the
Chairman to execute the amended Flexible Spending Account (FSA) Benefit Plan,
as shown on page _______, to reflect the new Health FSA maximum expense of
$2,500.
Community
Services
Community
Assistance Division
5. Approve and authorize the Chairman to execute
the First Amendment, as shown on page _______, to Agreement with Harvest Time
International and Seminole County to adjust service fees for Harvest Time's NEW
LEAF Healthy Living Program.
6. Approve and authorize the
Chairman to execute the Seminole County Inter-agency Agreements, as shown on
page _______, with the City of Altamonte Springs, City of Longwood, City of
Oviedo, Seminole County Police Athletic League (PAL), City of Winter Springs,
and the School Board of Seminole County providing Summer Day Camp Scholarships
which will provide a safe environment and a quality experience for the children
of Seminole County utilizing grant funds.
7. Approve and authorize the
Chairman to grant approval and signature authority to the Community Services
Director for the modified Seminole State College Training Provider Assistance
Agreements which will assist eligible low income individuals to obtain job
training and necessary skills for employment; Training Provider Agreement, as
shown on page _______, for Program Year 2012-2013,
Community
Development Division
8. Approve and authorize the
Chairman to execute the Seminole County Government HOME/CDBG Program Homeowner Reconstruction
Assistance Agreement, as shown on page _______, with Thomas and Betty R. Clark to
reconstruct their home due to damage from Tropical Storm Fay.
Economic &
Community Development Services
Planning &
Development Division
10. Authorize the Chairman to execute
a Satisfaction of Lien, as shown on page _______, in the amount of $1,888.91
associated with the property located at 2824 Charmont, Apopka; Tax Parcel #18-21-29-526-0000-0070;
filed against Steven Berglund.
11. Authorize the Chairman to execute
a Satisfaction of Lien, as shown on page _______, in the amount of $956.61
associated with the property located at 2610 Orange Court, Longwood; Tax Parcel
#05-21-29-502-0B00-0470; filed against Alan and Carla C. Andrews.
12. Authorize the release of
Performance Bond #070-004-599 in the amount of $64,961.60 for Clayton Crossing,
Taylor Morrison of Florida, Inc.
13. Authorize the Chairman to execute
the Release of Lien, as shown on page _______, for Case No. 10-36-CEB, on 2824
Charmont Drive, Apopka, Tax Parcel #18-21-29-526-0000-0070, previously owned by
Steven A. Berglund and currently owned by Federal National Mortgage
Association.
14. Authorize the Chairman to execute
the Release of Lien, as shown on page _______, for Case No. 10-37-CEB, on 967
N. Jerico Drive, Casselberry, Tax Parcel #23-21-30-507-0000-0210, previously
owned by James C. and Janette M. Barbe and currently owned by U.S. Bank, N.A.
Leisure Services
Tourism
Development Division
15. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Florida
Amateur Softball Association, Inc. in the amount of $6,808.68 for the 2013 ASA
Girls State Fast Pitch Softball Tournament to be held June 14-16, 2013.
16. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Gainesville
Gold Fast Pitch Softball Association in the amount of $3,916.26 for the 2013
Goldstar Elite College Showcase to be held July 5-7, 2013.
18. Approve and
authorize the Chairman to execute a new Tourism Sports Marketing Services
Agreement, as shown on page _______, with the Central Florida Sports Commission,
Inc. (CFSC) that would provide the CFSC the opportunity to apply for additional
Tourist Tax funds specific to an event.
19. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Central
Florida Sports Commission, Inc. in the amount of $18,500 for the 2013 AC Milan
Florida Cup to be held on June 28-30, 2013.
Public Safety
Business Office
20. Approve and authorize the
Chairman to execute the revised Interlocal Agreement, as shown on page _______,
between Orange County, the City of Orlando, and Seminole County regarding
Central Florida Urban Search and Rescue Team Consortium.
Public Works
Engineering
Division
21. Approve and authorize the
Chairman to execute a Purchase Agreement, as shown on page _______, for
property necessary for the construction and maintenance of a sidewalk adjacent
to Oranole Road.
22. Approve and authorize the
Chairman to execute and deliver a letter, as shown on page _______, of support
for a TIGER V Grant Application for the Sanford RiverWalk, Phase III Project.
Traffic
Engineering Division
23. Approve and authorize the
Chairman to execute a Traffic Enforcement Agreement, as shown on page _______,
between Seminole County, Seminole County Sheriff's Office, and Alaqua Property Owners
Association, Inc. to enforce regulatory signs within the Alaqua Subdivision.
Resource
Management
Business Office
24. Approve and authorize the County
Manager to execute a Grant Agreement, as shown on page _______, with the State
of Florida Department of Environmental Protection through their Recreational
Trails Program, Fiscal Year 2012-2013, for the Seminole Wekiva Trail
Resurfacing and Trailhead Improvements project; and approve and authorize the
Chairman to execute appropriate Resolution, #2013-R-135, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-075 in the amount of $110,648
to establish the project, appropriate the grant funds, and allocate 50% grant
match from various fund reserves for a total project cost of $221,296.
Budget and
Fiscal Management Division
25. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-136, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-077 through the General
Fund to establish budget for the purchase of a storage unit in the amount of
$7,923 at Soldiers Creek Park, Project #70000021W.
26. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-137, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-078 through the MSBU
Solid Waste, the Street-lighting and the MSBU Program Funds in the amount of
$150,000, in order to increase the budgeted transfer from the MSBU Solid Waste
and Street-lighting Funds to the MSBU Program Fund.
27. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-138, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-079 in the amount of
($521,000) through the General and HOME Program Funds to reverse previously
approved BAR #13-070 and increase HOME funding to reflect the effect of releasing
previously established retainage.
28. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-139, as shown on page
_______, implementing Budget Amendment Request (BAR) #13-080 through the MSBU
Program and Water Connection Fee Funds in the amount of $99,596 in order to
reimburse the Environmental Services Department for funds expended for the
Woodmere Drive Water Utility Service MSBU project.
MSBU Division
29. Approve request to
Schedule and Advertise a Public Hearing for the purpose of adopting the 2013
Non-Ad Valorem Assessment Roll.
30. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-140, as shown on page
______, establishing the Annual MSBU Non-Ad Valorem Assessment Rates for
2013.
Purchasing &
Contracts Division
31. Approve Change Order #1, as shown
on page _______, to CC-8019-12/JVP, CST Gee Creek Bridge Repair with Seig &
Sons, Inc., Deland, in the amount of $22,967.18; add an additional fourteen
(14) calendar days to Substantial Completion; and authorize Purchasing &
Contracts Division to execute the Change Order.
32. Award CC-8481-13/DRR, as shown on
page _______, Heathrow Well Field Redirect to Markham Regional Water Treatment
Plant Construction Services Agreement in the amount of $4,234,160 to TB
Landmark Construction, Inc., Jacksonville; and authorize the Purchasing &
Contracts Division to execute the Agreement.
33. Approve Work Order #51, as shown
on page _______, for the Lake Mary Boulevard at Sun Drive Project under
PS-4388-09/VFT, Design of Minor Projects with Construction Cost Less than $1M,
with Inwood Consulting Engineers, Inc., Oviedo, in the amount of $176,506.11; and
authorize the Purchasing & Contracts Division to execute the Work Order.
34. Approve ranking list, authorize
staff to negotiate rates in accordance with F.S. 287.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts
Division to execute one (1) Master Services Agreement (MSA) for PS-8286-13/JVP,
for Miscellaneous Capacity and Safety Improvements (Estimated Annual Usage of
$200,000).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Request to approve an Agreement with Red Raider
Baseball Club in the amount of $58,499.40, presented. Commissioner Carey questioned the maximum
allowable amount of the grant per event.
Danny Trosset, Interim Tourism Division Manager,
addressed the Board to explain that several years ago, the Tourism Development
Council (TDC) set a threshold amount of $25,000 per event. The grant total of $58,499.40 is for two
events, which is why it was added to the agenda because it needs a special
recommendation from the Board to exceed that amount per event. Commissioner Carey said it is helpful when
deviating from the standard to have all the facts and figures about the benefit
of it so the Board and the public understand why they would make an exception
to rules that have been set by the TDC.
Mr. Trosset said he will provide the economic impact information to
Commissioner Carey and will ensure it is included in future agenda items.
Commissioner Horan questioned, for the record, how
many people are anticipated. Mr. Trosset
advised that each event is estimated to bring in at least 200 teams, and both
events are taking place in the summertime, which are slower months. The estimated room nights for each event is
2,000; therefore, 4,000 total room nights are the guaranteed minimum under the
agreement. Commissioner Horan opined
that it is a very large event.
Motion
by Commissioner Horan, seconded by Commissioner Carey, to approve and authorize
the Chairman to execute an Agreement, as shown on page _______, with Red Raider
Baseball Club in the amount of $58,499.40 for two youth baseball events: The Greater Orlando World Series ($29,249.70)
to be held on June 19-23, 2013; and the Greater Southeast USA World Series ($29,249.70)
to be held July 24-28, 2013.
Commissioner Henley abstained from voting and filed a Memorandum
of Voting Conflict Form, as shown on page _______.
Districts 1, 2, 3 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Henley, to approve and authorize
the following:
Clerk’s Office
35. Expenditure Approval Lists, as shown on
page _______, dated April 1, 8, and 15, 2013; and Payroll Approval List, as
shown on page _______, dated April 11, 2013; approval of the BCC Official
Minutes dated March 26 and April 9, 2013; and noting, for information only, the
following Clerk's "Received and Filed":
1.
RFQ-601679-13,
as shown on page _______, Consultant Services Agreement, Sports &
Properties, Inc.
2.
Work
Order #8, as shown on page _______, to RFP-8312-12.
3.
Work
Orders #9, #10, #11, #12 and #13, as shown on page _______, to RFP-8312-12.
4.
Change
Order #2, as shown on page _______, to Work Order #4 to RFQ-5888-10.
5.
Recorded
Warranty Deed, as shown on page _______, for Robbi Mermel granting property to
Seminole County.
6.
Warranty
Deed and Affidavit, as shown on page _______, for American Land Investments of
Deleon, LLC granting property to Seminole County.
7.
Addendum
#1, as shown on page _______, to Vantage Point PCD Developer’s Commitment
Agreement.
8.
Utility
Agreements, as shown on page _______, for water and sewer services with TPA
Realty Services, LLC for the project known as Colonial Heathrow Parcel 3 Office
Building.
9.
Audit
Report prepared by Maryanne Morse, Clerk of Circuit Court, for public service
taxes collected relating to propane gas.
10.
Audit
Report prepared by Maryanne Morse, Clerk of Circuit Court, for the U.S. Highway
17-92 Community Redevelopment Agency (CRA) Program.
11.
IFB-601635-13,
as shown on page _______, Term Contracts for Advanced Video Group, Inc.;
Control Technologies, Inc.; Express Supply, Inc.; Wisetech Solutions, Inc.; and
Naztec, Inc. d/b/a/ Trafficware.
12.
Work
Order #15, as shown on page _______, to RFP-3261-08.
13.
Amendment
#3, as shown on page _______, to Work Order #7 to RFP-5706-10.
14.
Closeout,
as shown on page _______, for CC-7614-12.
15.
Work
Order #10, as shown on page _______, to RFP-5706-10.
16.
Closeout,
as shown on page _______, for Work Order #12 to CC-5075-10.
17.
Audit
Report prepared by Maryanne Morse, Clerk of Circuit Court, for Administrative
Controls over Purchasing Cards.
18.
Work
Order #11, as shown on page _______, to RFP-5706-10.
19.
First
Amendment, as shown on page _______, to IFB-600844-11.
20.
Second
Amendment, as shown on page _______, to CC-7661-12.
21.
IFB-601656-13,
as shown on page _______, Term Contract, Bound Tree Medical, LLC.
22.
Performance
Bond #1020567, as shown on page _______, in the amount of $306,681.65 for the
project known as Versailles, per final plat approval on April 9, 2013.
23.
Satisfaction
of Mortgage and Release of Restrictive Use Covenant, as shown on page _______,
for Florida Superior Properties Economic Community Services, Inc. (SPECS)
relating to property located at 550 N. Palmetto Ave.
24.
Closeout,
as shown on page _______, for CC-6893-11.
25.
Release
of Lien and copies of Perpetual Easements, as shown on page _______, for Code
Enforcement Case #99-28A-CEB, Benjamin F. and Ethel M. Bullard, as approved by
the BCC on March 12, 2013.
26.
Amendment
#1, as shown on page _______, to Work Order #1 to PS-6980-11.
27.
Tennis
Developmental Instructor Agreement, as shown on page _______, for Heather
Walton.
28.
Contract
for Services, as shown on page _______, for Jason Tape.
29.
Work
Orders #1 and #2, as shown on page _______, to PS-8072-12.
30.
Fully
Executed Grant Award, as shown on page _______, from the Division of Emergency
Management through the FY 2012 Homeland Security Grant Program, as approved by
the BCC on December 11, 2012.
31.
Change
Order #5, as shown on page _______, to CC-6600-11.
32.
Second
Amendment, as shown on page _______, to IFB-601448-12.
33.
Second
Amendment, as shown on page _______, to IFB-600824-10.
34.
Fifth
Amendment, as shown on page _______, to IFB-600855-10.
35.
Cancelled
Bond from BB&T, as shown on page _______, for the $20,125,000 Capital
Improvement Revenue Bond Series 2010.
36.
Letter
to Derek E. Bruce, Esq., Gunster Law Firm, from Arnold Schneider, Assistant
County Attorney, relating to a Resolution Agreement with Miller Construction
Services, LLC for Neighborhood Stabilization Program (NSP) services rendered.
37.
Fully
executed Memorandum of Agreement, as shown on page _______, with the Florida Department of State and the Seminole County
Supervisor of Elections for the Federal Election Activities Grant, as approved
by the BCC on October 23, 2012.
38.
Third
Amendment, as shown on page _______, to IFB-600940-10.
39.
Third
Amendment and Restated Developer’s Commitment Agreement, as shown on page
_______, for Silverleaf Park PD.
40.
Bear
Lake Road PD Developer’s Commitment Agreement, as shown on page _______.
41.
Customer
Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement for Alafaya &
Carrigan 2, LLC for the project known as Pep Boys.
42.
Bill of
Sale, as shown on page _______, accepting water system for the project known as
Brooks Cove.
43.
Maintenance
Bond #59BCSFV0555, as shown on page ______, for water and sewer facilities for
the project known as Brooks Cove in the amount of $23,484.87.
44.
Rider
changing Bond number to 59BSBGL9794, as shown on page _______, for the project
known as Brooks Cove in the amount of $23,484.87
45.
Work
Order #104, as shown on page _______, to PS-5120-02.
46.
Contracts
for Services, as shown on page _______, for Mark Thaens and David D. Mease, Jr.
47.
South
Seminole & North Orange County Wastewater Transmission Authority Public
Facilities Report 2012, Board Meeting Schedule 2013-2014, and the Audited
Financial Statements for Fiscal Year ended September 30, 2012.
48.
Transcripts
of closing documents, as shown on page _______, for the Seminole County,
Florida Capital Improvement Revenue Bond, Series 2013A ($10,000,000) and
Seminole County, Florida Capital Improvement Revenue Bond, Series 2013B
($8,140,000) submitted by Nabors Giblin & Nickerson, Attorneys at Law.
49.
Work
Order #53, as shown on page _______, to PS-4388-09.
50.
Amendment
#1, as shown on page _______, to Work Order #9 to RFP-7423-12.
51.
Amendment
#1, as shown on page _______, to Work Order #8 to PS-4736-09.
52.
Customer
Agreement, as shown on page _______, for Reclaimed Water Rates and Reclaimed
Water Flow, Distribution, Delivery and Spray Easement for Alafaya &
Carrigan, LLC, Vacant Lot 3.
53.
Bids as
follows: IFB-601586-12; PS-8286-13; CD
for CC-8267-13; RFQ-601700-13; IFB-601656-13; and IFB-601699-13.
Districts 1,
2, 3, 4 and 5 voted AYE.
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Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the following:
Sheriff’s Office
36. Expend $2,500 from the Law Enforcement Trust
Fund for a contribution to the Seminole County NAACP to provide funding in support
of their youth crime prevention and education programs.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Mr. Hartmann presented request to approve
Item #37, Sports Complex Acquisition of Property, and Item #38, Delivery Method
for the Design and Construction of the Sports Complex Facility. He advised that both of these items work
together. He stated that Mr. Forte
served as the lead negotiator in the acquisition, and that staff has three
presentations for the Board on these items.
Joe Forte, Deputy County Manager, addressed
the Board to present a request to approve the Contract for Sale and Purchase of
Land, identified as the Kirchhoff property, for the purpose of building a
Sports Complex. He stated the property
is located on East Lake Mary Boulevard and the purchase price is $7.4
million. The feasibility period for this
contract expires on May 30th, which is the time they will complete
due diligence. The closing will happen
15 days after the delivery of the zoning and Comp Plan changes. He further advised that the sellers are in
the process of going through the Zoning and Comp Plan Amendments, and that part
of the rezoning is to change from Agricultural to the City’s Parks,
Recreational and Open Space.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve and authorize
the Chairman to execute Contract for Sale and Purchase of Land, as shown on
page _______, with William E. Kirchhoff and Nixie Coleman as Co-Trustees of the
William E. Kirchhoff, Jr. Revocable Trust; Airport Industrial Partners, LLC;
and Strategic Acquisitions Corp., for the purpose of building a Sports Complex,
with a purchase price of $7,400,000.
Under discussion, Commissioner Henley stated he wanted
to make a comment on the record in regard to the purchase of this property. He reported that the public radio station WMFE
has a segment where four citizens from within the County express their
viewpoints on certain issues. Recently,
one of the spokespersons pointed out there has been a sign near the airport for
a long time advertising a spot for a potential future hotel. This person commented that this selection was
made in order to benefit someone because there are no hotels located there. Commissioner Henley stated he wants the
public to know that this Board has been looking at sites for well over a year,
and they were very limited in Seminole County as to the number and size of
sites that the Sports Complex requires.
It was done solely on the basis that there were 100 acres available at a
reasonable price and its location is on a major road with quick access to SR 46,
Ronald Reagan Boulevard and others. He
added that it is not far from the hotels.
He concluded stating the selection of the site has absolutely nothing to
do with trying to benefit any one individual.
Commissioner Constantine advised that for reasons
stated previously, as well as the fact that he believes the price is high for
the location, he will be voting against the motion.
Commission Carey requested that Mr. Forte address
the facts of the appraisals for the record.
Mr. Forte stated that one of the appraisals,
received in December by the Sellers, was $8.3 million, and an appraisal done by
the County, also in December, was $6.8 million.
They negotiated the contract price down from $7.5 million to $7.4
million. During that period, a third
appraisal came back at $7.7 million. The
contract price is slightly below the third appraisal which was done two weeks
ago. Upon Commissioner Carey’s request,
Mr. Forte explained they started by looking at a piece of property near Winter
Springs and then moved to several other properties. They looked at Yankee Lake and at properties
on I-4. Staff from the Leisure Services
Department and the Planning Department evaluated about 35 to 40 properties, and
through their analysis, they narrowed that down to ultimately 5 properties that
went to the Board last year around December.
That was narrowed down to three properties; one was taken off the market
because it was sold. The remaining two
were debated; and a property which is now on I-4 was added and then ruled
out. He said it has been a long arduous
process, but they believe they are in the process of purchasing the best
property at this time for the Sports Complex.
Districts 1, 2, 4 and 5
voted AYE.
Commissioner
Constantine voted NAY.
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Mr.
Hartmann explained they will present some of the financing options for the
development of the Sports Complex site as well as a staff recommendation on
which financial accounts to use for the actual purchase of the property when
they close later this year.
Mr. Hartmann
reviewed the first slide of a PowerPoint presentation (copy received and filed),
Cash Purchase of Land, reviewing total cash reserves available of $10.9 million
that could be used for the Sports Complex property purchase and a future land
purchase. Commissioner Carey confirmed
that the $2.5 million in reserves remaining after using $7.4 million for the
Sports Complex and another million for a future land purchase will stay in the
Tourist Development line as reserves.
She then reviewed the history of where the $10.9 million in reserves
came from and explained it was really to assemble the Five Points property as
they move forward with the Master Plan.
Commissioner Carey stated that as long as they have the funds allocated
to complete that task, then she is fine with moving forward with the Sports
Complex. Mr. Hartman advised that they
do have the funds.
Angela Singleton,
Resource Management, addressed the Board to present the remainder of the
PowerPoint presentation and reviewed Long Term Financing Options for Construction/Development;
Tourist Development Tax Revenue; and a Summary of Sports Complex Financing
Options including Bank Loan and Bond Issue details. Ms. Singleton advised if they want to finance
the Soldiers Creek project by itself, it would cost approximately $8 million
and she detailed those options. She
stated that it would be a $28 million project if financing the Sports Complex
and Soldiers Creek together and reviewed those details. She concluded her presentation by reviewing
Considerations and Recommendations.
Commissioner
Carey pointed out that the last time they went for a rating before the bond
agencies, they were able to keep the rating because of the sales tax and other
things they had in place at the time. She
cautioned that they do not have a sales tax in place right now and she would be
hesitant to go before the bond agencies and do another rating exercise until they
know what the outcome of that is going to be.
Some of the things they heard when they were at the rating agencies were
that they should talk to them more often and invite them to the community. She said she believes they should go before
these rating agencies probably sometime in the latter part of next year; and
because of that scenario, she believes they are better off obtaining a bank
loan for these particular projects.
Commissioner Carey stated that Soldiers
Creek has been in need of a major renovation for a number of years and before
embarking on a single project and building a new facility, they need to take
care of the projects they already have. She
said she is in favor of doing both projects and financing both of them
together.
Discussion
ensued regarding the details of the bank loan for the Sports Complex, Soldiers
Creek and for financing both. Commissioner Carey stated the availability of
their debt service coverage is slightly less than the debt service figures
shown. She questioned whether the
difference would be made up from the General Fund. Mr. Hartmann responded that is an option and
he reiterated staff’s final recommendation, both of them with a 30—year bond
issue. However, he said if they want to
utilize the bank loan now, they could incorporate the funding for the design of
Soldiers Creek in with the design/build of the Sports Complex. They could then determine another financing
source for Soldiers Creek after the design, which would keep both projects
moving forward together at the same time.
Chairman
Dallari stated he believes that both projects need to be done together.
Commissioner
Henley stated he supports Mr. Hartmann’s suggestion because they never intended
to take Soldiers Creek down until they had a place for those activities to go, and
they will gain time by doing the design along with the Sports Complex.
Mr.
Hartmann confirmed that from a construction sequencing point, after the new
Sports Complex is developed, then those that had been using Soldiers Creek
fields can use the new fields at the Sports Complex while Solder’s Creek is
being reconstructed.
Commissioner
Horan inquired how sequencing the two projects in order to have available
facilities will affect the financing of them.
Upon Ms. Singleton’s response, Commissioner Horan confirmed that the
financing issue would be nothing more than an accounting reconciliation and
therefore is not really an issue.
Upon inquiry by Commissioner Horan,
Gary Akers, First Southwest Company, addressed the Board to state if they
finance $20 million for the Sports Complex, they have sufficient money to
finance on a 20-year basis with a bank loan.
If they do that and come back later to put the two projects together
with the bank loans, that would exceed the $1.6 million revenue capacity, so
the timing of expending funds on these projects is important. The expectation from a tax standpoint is that
you have 36 months to spend that money, so when they start on it is
important. In addition, there are some
concerns in the market now about interest rates going up, so he suggested the
Board keep that in mind as far as timing and financing.
Upon
inquiry by Commissioner Carey, Mr. Akers advised, in regard to getting a longer
term bank loan, the banks will do 20-year financing but they do not want to fix
that interest rate beyond that. Upon
further inquiry, Mr. Akers replied they try to get the bank loan without a
prepayment penalty; however, it is likely there may be a three- to five-year
period where you cannot prepay it.
Discussion
ensued regarding the logistics of moving forward with one project or with both
projects. Commissioner Henley clarified
that they would be financing solely the cost of the design of Soldiers
Creek. The construction cost would be
financed separately.
Mr. Hartmann recommended staff bring
something back at the next meeting that will clarify the options with details on
the sequencing and financing.
Commissioner Horan commented that
in the present environment, he would rather borrow too much than too little and
have to make it up with cash later on.
Upon inquiry by Commissioner Horan,
Mr. Akers stated he believes neither of the two best alternatives that they
used last time, Bank of America Capital Corporation and SunTrust Leasing, would
finance for 20 years.
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Brett Blackadar, County Engineer,
addressed the Board to present the request that the Board select one of three
options for the design and construction of the proposed Sports Complex
Facility. He stated the project delivery
of the Sports Complex will be a joint effort between the Public Works
department’s Engineering Division and Leisure Services department. He informed them that Bob Walter,
Engineering, will be the Project Manager.
Mr. Blackadar reviewed the Seminole
County Proposed Sports Complex – Project Delivery of Methods Comparison chart. He advised that staff’s recommendation is the
Design-Build project delivery method, which has the shortest duration and is
the most common for this type of sports complex based on their research. They plan to bring to the Board on June 25,
after the consultant’s report is completed, a scope for approval with a
recommendation for the number of fields, types of fields, and types of other
facilities. They will then be able to
advertise the first phase of the Design-Build in July.
Discussion ensued regarding the
timing of the receipt of the consultant’s report. If there is sufficient time after the report
is received, staff will bring the scope back to the Board at the second meeting
in June. Chairman Dallari stated if more
time is needed, they will push it back to July.
Upon inquiry by Commissioner Horan,
Mr. Blackadar explained that the consultant is looking at significant
facilities across the nation and making recommendations based on those
facilities of what has been successful, but the development of the scope will
be done by staff.
Joe Abel, Leisure Services
Director, advised the consultant firm is looking at four comparable facilities
across the United States as to what their design is, what their management is, and
how they are being run. The consultant
is also meeting with sanctioning bodies that would be bringing events to this
venue and putting together a pro forma over a five- and ten-year period of
time. He stated that it will help staff
be very specific in the details of the scope of services that will be put out
for bid.
Commissioner Horan stated it is
important for the Engineers and the Leisure Services people here to be
communicating really well in order to give a solid design specification to the
design builder. Mr. Abel stated they
want to be very specific in the scope of services and have gotten some really
good feedback from the United States Specialty Sports Association (USSSA),
baseball, softball, lacrosse, and soccer folks, both at the statewide and
national level, which the consultant will be using to put the report
together. Commissioner Horan said the
better the performance spec, the better the RFP is, and the better performance they
will get out of the design builder.
Commissioner Carey stated they have
talked about having multi-purpose fields at this facility as well and reiterated
it is going to be critical they have the right scope with the right details for
the facilities that is needed as a community.
She said she wants to ensure that they have time to digest all of it
before it gets into the hands of the design builder.
COUNTY
MANAGER AND STAFF BRIEFINGS
FDOT
Conduit Financing
Mr.
Hartmann presented a request from the Florida Department of Transportation (FDOT)
for assistance with some conduit financing for the rebuilding of I-4. He stated that on April 11, they met with
District 5 Secretary Noranne Downs and her staff and received a presentation on
the possibility of the issuance of private activity bonds for this financial
assistance. After that discussion, they
got an opinion from bond counsel which has been provided to the Board. They talked to financial advisors and had a
meeting with the Clerk of the Court. Mr.
Hartmann stated they are proposing the adoption of a Memorandum of
Understanding (MOU) drafted by the County Attorney’s office between Seminole
County, Orange County and the City of Orlando, which basically sets up the
intent to establish an authority to be the issuer of the bonds. Staff is in support of this and it has been
reviewed by all parties.
Noranne
Downs, FDOT District 5 Secretary, addressed the Board to give a brief overview
of the I-4 project. She stated it is
about 21 miles long, from SR 434 in Seminole County to Kirkman Road in Orange
County. The existing general-use lanes
will be moved out and the auxiliary lanes will be improved. There will be four
new lanes in the middle of I-4 which will be variable tolled to guarantee the time
it takes to get in and out of Orlando.
It is proven technology and does well in California and Miami. The cost is about $2.1 billion and FDOT has
just over $1 billion. They plan to have
a public-private partnership (P3). They
have seven highly skilled and interested teams that have already put in their
letters of interest and they plan to have a short list next week with three or
four firms. They will give a price for
an availability payment. This will be a
design, build, finance, operate and maintain project. For over 30-35 years, they will be given
milestone payments. The construction
time will be anywhere from four years to seven years. They plan to have SunRail up and running by
May 1, 2014 and then signing the deal for I-4 in the fall of 2014; construction
will start several months after that.
Chairman
Dallari stated I-4 is a project that must happen. He said he believes the funding mechanism is
critical to get the best price for the region.
He is in support of the MOU.
Commissioner
Horan echoed Chairman Dallari’s comments and stated there are two templates for
a P3 project like this in Broward and Dade Counties. Upon inquiry by Commissioner Horan regarding
whether the P3 agreement on the multi-functions for the concessionaire is one
agreement, Ms. Downs stated it was. She
also mentioned that the two projects in South Florida are on time and under
budget.
Frank
O’Dea, FDOT Director of Transportation Development, addressed the Board to
state the P3 they are envisioning is one agreement. He explained the concessionaire will have a
Chief Engineer as well as Chief Contractor.
They will also have an operations, maintenance and financing
component. They are currently reviewing
the technical and financial capabilities of the seven teams that have submitted
their qualifications.
Upon inquiry by Commissioner Horan,
Mr. O’Dea stated that the project for I-595 in South Florida is a good model;
similar to what they will be doing for I-4; however, this scope is more than
double the size. Upon further inquiry,
Mr. O’Dea stated the experts they have assisting them include KPMG and Nossaman,
LLP, a legal consultant out of California who helped them on both of the other
projects as well.
Commissioner Carey pointed out that
these funds are allocated by Congress, $15 billion, and she believes half of
them have been allocated.
Upon inquiry by Commissioner Carey,
Julie Adamson, FDOT Public-Private Partnership Coordinator, addressed the Board
to confirm that this $1.5 billion would be an option. Upon further inquiry, Ms. Adamson stated if
Seminole County takes the lead on this, there is no financial obligation on
behalf of the County; costs will be reimbursed through the concessionaire when
the bonds are issued. The obligation
from Seminole County would be to help facilitate the passing of an inducement
resolution essentially authorizing up to a certain amount of bonds being issued
for the project. There will also need to
be a draft bond opinion letter that will be submitted for the application resolution. Further, she advised they could still move
forward if they had only two participants.
Chairman Dallari advised that Mr.
Hartmann is having discussions with the City of Orlando and Orange County. Commissioner Carey stated she believes they should
all have those discussions because they are so impacted in this County on I-4,
not so much by their residents, but by people coming from Volusia County trying
to get to Orange County to go to work.
She believes this is the right thing to do for the public and supports
the idea.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to approve and authorize the Chairman to execute the
Memorandum of Understanding, as shown on page _______, with Orange County and
the City of Orlando pertaining to the FDOT Proposed I-4 Express Expansion
Program.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman Dallari recessed the meeting at 10:45 a.m.; reconvening
at 10:55 a.m.
Legislative Update
Chairman Dallari advised that the County’s State
Lobbyist, Bobby Brantley, is in attendance.
Nicole Guillet, Economic and Community Development
Services Director, addressed the Board to give a brief status report on
legislative issues. She stated that the
Board received an up-to-the-minute summary from Ms. Sanchez de Fuentes. They are working on a more involved report covering
legislation that passed, anything that might affect Seminole County, and identifying
action items. Upon inquiry by Chairman
Dallari, Ms. Guillet advised they will have the report by the first part of
next week. She stated they have been
working more closely this year with the department heads and that this will be
a guide for them as they move forward and as legislation gets implemented.
Ms. Guillet advised the Agritourism bill has
passed. She explained that the
definition of Agritourism is very broad and they are preempted from regulating
that. It has to be an activity
associated with a bona fide agricultural use, so there is some limitation on
the scope but that is something they will have to deal with on a case-by-case
basis. They will keep the Board
informed. Ms. Guillet indicated the
Expressway Authority bill did not make it through this time.
With regard to Environmental Permitting, HB 999, Ms.
Guillet reported the language relative to preemption on local fertilizer
ordinances was removed at the last minute, as was the preemption for local
regulation of wetlands and existing water authorities. Some language relative to Development Review
did stay in the bill and it is very specific to local governments. It dictates how many times they can ask for
additional information, but based on the processes here, she said she doesn’t
think it will have a real negative impact because they are pretty
efficient. The applicant does have the
opportunity after three reviews to say they want to go forward. She believes they will be able to work within
those parameters pretty well.
Commissioner Constantine questioned whether there
will be a lot of unintended consequences in which some counties and cities will
just hold up development as opposed to making this more accessible, because
they know they only have a couple and they are going to be slower at
responding. Ms. Guillet stated the
applicant can force the application to go forward and if staff doesn’t feel it
has enough information, they will probably go forth with a recommendation to
deny and then have to start over again.
The applicant has the option to waive that. She stated she is not all that concerned here
in Seminole County.
With regard to the E-911 fees and lifting the
moratorium on prepaid cell cards, Ms. Guillet stated that bill died so they
didn’t get the lift on the moratorium.
Ms. Guillet stated they were concerned about the
State-owned Land bill, which was going to require they do an inventory. There was another bill out there that was
going to require that in order to buy land, they had to sell land. That bill failed. The State-owned Land bill passed, but the
provision that required local governments to do an inventory was taken out, so
that was a win for local government.
Olga Sanchez de Fuentes, Assistant County Attorney,
addressed the Board regarding Medicaid.
She said the appropriations-conforming bill, SB 1520, passed and it was
a negotiated compromise between the two Chambers. The schematic now is changing the billing
formula from actual cost to enrollment-based, and there is a seven-year
transition. In years one through two, it
sets a total county contribution to $269.6 million for FY 2013-2014 and $277
million for FY 2014-2015. In years three
through seven, it transitions counties to the enrollment-based formula and it
grows the base by 50% of growth in the state Medicare expenditures through FY
2020, thereafter, the base cost is 100% of the growth of State Medicaid. She summarized by saying the base is $269.6
million; then the percentages per county are allocated from that base. The second year, the base will go up to $277
million. This figure comes from the
actual cost of FY 2012-2013, where they are still in a billing relationship
with the State, so it is from those numbers.
Upon inquiry by Commissioner Carey, Ms. Sanchez de
Fuentes advised the percentage is based on enrollee population.
Chairman Dallari questioned whether the State audits
medical charts. Ms. Sanchez de Fuentes
advised the Agency for Health Care Administration (AHCA) does audits as to
abuses; they do data mining; and depending upon the provider, if they see
something is out of the ordinary. She
stated she would get the percentage of sampling the AHCA is actually doing per
Chairman Dallari’s request. She stated it
is through AHCA and they coordinate with the Office of the Attorney General who
has a special Medicaid fraud unit for prosecution of what AHCA and the State
discover.
Commissioner Carey stated that the issue isn’t
necessarily fraud; the issue is an error where somebody doesn’t live in this
county, they live in another county, go to the hospital in this county, and when
it’s a Medicaid claim, this County gets the bill for it. So it isn’t that someone is being fraudulent
about it. The big issue all along is
accuracy of the billing and making sure that the numbers are correct. Upon inquiry by Commissioner Carey whether there
is going to be a special session, Ms. Sanchez de Fuentes said during the first
two years of implementation of this program, AHCA is going to give data to the
Governor, Florida Association of Counties (FAC), and different representatives,
and they are going to try to figure out how to look at that enrollment data and
be able to dispute it because that is a remaining issue. Right now the way the law is drawn up there
isn’t a way in year three through seven to dispute enrollment numbers. She stated they are going to create a system
in those first two years, according to the data, and hopefully present something
for year three where they won’t be in this situation.
Upon inquiry by Commissioner Horan, Ms. Guillet
advised at the end of this year, they will start moving long-term care to a
management care environment and then move the broader base which is low income;
it is a two-part process. It is supposed
to be fully implemented by 2015.
Commissioner Horan expressed his appreciation to Ms.
Guillet and Ms. Sanchez de Fuentes for the excellent job they do of keeping
track of the legislative issues.
Commissioner Horan questioned, based upon the bill,
what the County’s share will be. Ms.
Sanchez de Fuentes stated she shows $4,689,000 for FY 2013-2014. Commissioner Horan stated the budgeted amount
for their Medicaid cost will be about the same as last year for at least the
next two years. Ms. Sanchez de Fuentes
stated $4.6 million is what the projected amount is through FY 2019-2020.
Ms. Sanchez de Fuentes stated SB 2 passed, the
comprehensive reform bill which mandates training, addresses dual public
employment and financial disclosure filings and complaints. FAC is trying to get their class certified
through the Commission on Ethics, so the Commissioners can be certified
in-house.
Ms. Sanchez de Fuentes advised the following bills
passed: CS/HB 7013, an omnibus Election
Administration bill that addresses early voting days, hours, and early sites
and ballot length; the Public Meetings bill which requires members of the
public be given an opportunity to be heard on any proposition, but the bill
does not define what a proposition exactly is; Disposition of Human Remains which
clarifies and updates statutes relating to unclaimed and indigent burials and provides
that counties may adopt policies and procedures for the final disposition of
unclaimed human remains; Manufacturing and Equipment Sales Tax Exemption, one
of the Governor’s top priorities, which eliminates sales tax for certain
business purchases of industrial machinery and equipment; and the Family or
Medical Leave Benefits, HB 655, a preemption bill which prohibits counties from
requiring or otherwise regulating employee leave benefits beyond county employees
and contractors. This proposal also sets
up a task force to recommend a statewide policy. In addition, the Controlled Substances bill
passed which expands Schedule I of the controlled substances registered to
include 22 new formulas of synthetic drugs.
The Campaign Finance Activities bill passed that raises contribution
limits from $500 to $3,000 for statewide candidates and from $500 to $1,000 for
legislative and local candidates passed.
It requires 24-hour disclosure of contributions and expenditures in the
final days of State-level campaigns and streamlines independent committees by
eliminating Committees of Continuous Existence (CCE). It also creates a statewide campaign finance
database.
With regard to the Campaign Finance bill, Commissioner
Constantine wanted to clarify that they eliminated CCE’s, but replaced it with
something else. Ms. Sanchez de Fuentes stated she would look into it.
Chairman Dallari thanked staff for working on the
legislative issues and for the briefing.
Bobby Brantley, Lobbyist, addressed the Board to publicly
thank Senator Simmons’ office. He stated
in regard to the Transportation Authority bill, Senator Simmons’ office worked
with them night and day and virtually made every change requested to the
original bill. The bill ultimately was
attached to the major transportation bill, and just before the Senate sent it
over to the House, they added the language that would give $350 million to
renovate the Dolphin Stadium in Miami.
All session, the House has stated their opposition to doing that, so it
killed a major transportation package by putting that language in it, but he
said that Senator Simmons was a pleasure to work with on this and he deserves
thanks for all he did.
COUNTY
ATTORNEY’S REPORT
Bryant
Applegate, County Attorney, advised that he sent a memo out concerning the
Putnam County Environmental Council’s appeal; the 2005 Water Plan was denied by
the Florida Land and Water Adjudicatory Commission. The only option left for them would be an
appeal to the First District Court of Appeal (DCA). He stated he keep the Board posted on that.
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Mr. Applegate advised that they are
about to send out a rather comprehensive memo on Medicaid and Auditing and they
will be getting that hopefully tomorrow at the latest.
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Chairman Dallari reminded everyone that there are two
Work Sessions in Conference Room 3024 regarding Soldiers Creek Nutrient
Reduction Facility and Lake Jesup Phase II Seepage Update beginning at 11:30
a.m.
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Chairman Dallari
recessed the meeting at 11:15 a.m.; reconvening at 1:30 p.m., with all
Commissioners and all other Officials with the exception of Clerk of Court
Maryanne Morse, who was absent, and Deputy Clerk Terri Porter who was replaced
by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner Constantine, 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.
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Chairman Dallari announced they
will be honoring the Oviedo High School Navy Junior ROTC Marksmanship Team
later this afternoon.
PUBLIC
HEARINGS
ORDINANCE/FIRE ALARM
CONTROL (Continued)
Continuation of a public hearing to
consider a request to create a new section within the Seminole County Code
regulating fire alarm systems, as described in the proof of publication.
County Attorney Bryant Applegate advised that this
Ordinance will be re-advertised and set for a future date.
Upon inquiry by Chairman Dallari, Mr.
Applegate stated that no motion was needed to continue the matter.
No one spoke in support or in opposition of the
continuance.
4982 COURTLAND LOOP BOAT DOCK/Renea
Anderson
Proof of publication, as shown on
page ________, calling for a public hearing to consider a request to approve a 1,389-square-foot
boat dock on Lake Tuscawilla, on property located on the west side of Courtland
Loop, approximately 1,110 feet west of Tuskawilla Road, more particularly known
as 4982 Courtland Loop, Renea Anderson, received and filed.
Bill Wharton, Planning and
Development Division, addressed the Board to present a request to remove an
existing 744-square-foot boat dock, which is in disrepair, and construct a new
1,389-square-foot boat dock in the same location as the existing dock.
Mr. Wharton explained that the Land
Development Code requires several issues be considered prior to the approval of
the dock. These issues address the
minimization of turbidity during construction, the possible effects on the lake’s
water quality and wildlife, possible effects on all property owners fronting
the lake, public health and safety, recommendations of other agencies and
possible effects of safe navigation on the lake. He noted that each of these issues is
addressed in the staff report. Mr.
Wharton stated that staff is recommending approval of this request.
Sheila Cichra, Albert Cichra
Builders, addressed the Board on behalf of the applicant to state they did not
expect any problems with any of the adjacent property owners until they put the
placard up and then they got a little bit of feedback. She explained that the proposed structure is
not that much larger than the structure that is being removed. She noted that the parcel that the structure
is being built on is rather large and has approximately 200 feet of shoreline.
No one spoke in support or in
opposition.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to approve a 1,389-square-foot
boat dock on Lake Tuscawilla, on property located on the west side of Courtland
Loop, approximately 1,110 feet west of Tuskawilla Road, more particularly known
as 4982 Courtland Loop, as described in the proof of publication, Renea
Anderson; Development Order, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted
AYE.
SAVANNAH
PARK PD MAJOR AMENDMENT AND REZONE/Scott Architects
Proof of
publication, as shown on page ________, calling for a public hearing to consider a request for a Major Amendment and Rezone from PD
(Planned Development) to PD (Planned Development) for 9.85 acres, located on
the west side of International Parkway, between Wilson Road and Wayside Drive,
Scott Architects, received and filed.
Kathy
Hammel, Planning and Development Division, addressed the Board to present the
request for rezoning from PD (Planned
Development) to PD (Planned Development).
Ms. Hammel gave a brief history of the development. She stated that the
applicant is requesting a Major Amendment to the Mixed-Use portion of the PD to
allow for an increase in the residential density (from 60 units to 138 units)
and to also include a reduction of the retail/office from 92,702 square feet to
51,410 square feet. The proposed amendment does meet all of the parking
requirements. Ms. Hammel explained how
the proposed amendment changes the mixed use from vertical (mixed use within a
building) to horizontal (one use within each building). The Planning & Zoning Commission
recommended approval. She stated that
staff is recommending the BCC adopt an ordinance to rezone the property from PD
to PD and approve the associated Master Development Plan and Development
Order. She noted that there is a
correction in the Addendum that will be made before execution referencing the
wrong Development Order.
Commissioner Carey requested clarification
from Ms. Hammel regarding the original approval in 2004. She stated as she read the minutes from the
P&Z meeting, there were comments made by residents who now live in the
townhomes that were opposed to multifamily being in the middle. Ms. Hammel confirmed this development always
had multifamily in it.
John DiGiovanni, Inland Atlantic
Development, addressed the Board on behalf of the applicants to state he is a
member of the partnership group that currently owns the property in
question. Mr. DiGiovanni discussed
current economic conditions and stated they have learned through experience
that vertical mixed use is problematic and has not been successful over a
period of time as compared to horizontal mixed use.
Mr. DiGiovanni displayed the Conceptual
Site Plan (received and filed) and stated their intention is to maintain a
mixed-use development, which they have done.
He explained how they have now consolidated the residential to the rear
of the site in the sales building to give them 138 units, which from an
economic basis is a minimal threshold.
Mr. DiGiovanni continued his presentation by discussing two office
buildings, Building F and Building E, and additional retail space on the front
of the parcel which faces International Parkway. He noted that Scott and Kelly Ryan, the
owners of Building F, were previously in opposition of the plan but are now
supportive of the plan and working in concert with him to achieve the zoning
change. Mr. DiGiovanni discussed the
reduction of commercial space as opposed to the increase in residential
space.
Mr. DiGiovanni stated he has been
working with the Homeowners Association concerning their opposition and has
reached an agreement. He submitted a
Letter of No Opposition (received and filed) from the Association. Upon inquiry by Commissioner Carey, Mr.
DiGiovanni stated the letter was from the Ashton Woods Homeowners Association.
Mr. DiGiovanni discussed how his
company intends to build a "Class A" three-story product and
described the people he believes the product will serve. He described the amenities and pointed out on
the Conceptual Site Plan where the parks will be located. He explained that the parks will be available
for use not only by the residents of the Exchange at Savannah Park but also by
the residents of Ashton Woods or anyone else that wants to enjoy the park. Mr. DiGiovanni discussed the quality of
construction. He stated the parking will
be gated to provide additional security.
Potential residents will be qualified with both credit checks and
background checks.
Mr. DiGiovanni displayed and
discussed the Conceptual Elevation artist rendering (copy received and
filed). He explained how, as a
concession to the Ashton Woods’ homeowners, buildings will be slid over 30 feet
to allow more green area between the south end of building and Ashton Woods’
entrance. Chairman Dallari confirmed
with Mr. DiGiovanni that the building will be 30 feet further north.
Mr. DiGiovanni stated with regard
to the language regarding the restaurants, they would like to remove
"table only restaurants."
Commissioner Carey stated the County does not have definitions for these
things and added that she believes if there is not a drive-through, they have
addressed the issue. She stated after
reading the draft of the Development Order, she wanted that language cleaned up
since they don't have definitions they would be able to enforce.
Mr. DiGiovanni stated there is a
mutual desire by both the County and Inland to move this project quickly
forward. He stated after discussions
with Commissioner Dallari, there is some additional language they would like to
add to the PUD which will give them time frames for submission of both the site
plan for site plan approval and construction documents so there is a level of
certainty that they are moving the project forward. He distributed a copy (received and filed) of
the timelines and discussed Items C and D.
He stated his company intends on building the project and moving it
forward and wanted to show that to the Commission.
Commissioner Carey stated she has
some concerns that the Board has taken action and extended every development
order that they have approved through 2016 as a blanket approval. She believes it would be unfair for the Board
to pick one and say they are going to force them to perform at a certain period
of time. Chairman Dallari stated this is
not trying to be unfair and is not guaranteeing that it has to be approved by a
certain date. It is them submitting to
the County. He stated his big issue is
this has been going on for so long and the applicant is assuring the County
that this project will be done.
Discussion ensued with regard to timelines being placed on
developers.
Commissioner Henley asked Mr.
Applegate if it would be necessary to waive the policy or to amend it in order
to adopt this timeline. Mr. Applegate
advised it would not be necessary. If
the owner agrees to it, it would be an exception at the owner's choosing. Discussion ensued.
Scott Ryan, owner of the office
building at 5739 Byron Anthony Place, addressed the Board to remind the Board
that he had opposed this amendment on a prior occasion. He referenced the Conceptual Site Plan and
explained why he is now in favor of the amendment. He noted that the overall density is less
than it was before. He stated his
premier issue in prior efforts to amend the PUD was access to his building and
a conflict in the parking. He discussed
Inland's agreement to create a park across from the primary entrance to his
building with additional parking spaces, which gives him peace of mind
regarding access and parking access to his building. He stated he has come together with Inland to
work through the water and sewer issue, which has been a challenge for
everyone. Mr. Ryan stated he is relieved
to stand before the Board today and suggest that everyone has consensus with
respect to this property, including the homeowners to the north and to the
south. He stated he is in favor of this
amendment and hopes that the Board feels the same.
Upon inquiry by Commissioner Carey
with regard to the developer's timelines, Mr. Ryan stated there is an interest
in making sure the project moves forward.
He noted the language was tailored so the performance criteria are
completely within Inland's control. Discussion
ensued with regard to the timelines. He
stated the language was modified and structured in a way so they know they can
meet the criteria.
No one else
spoke in support or in opposition.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to adopt Ordinance #2013-17, as shown on page _______,
enacting a rezone from PD (Planned
Development) to PD (Planned Development) for 9.85 acres located on the west
side of International Parkway, between Wilson Road and Wayside Drive, as
described in the proof of publication, Scott
Architects; and approve the associated Master Development Plan and Development
Order Addendum, as shown on page _______, as submitted by staff in the agenda
with the modification of striking the words “with table service” in Item
B-2.
Under
discussion and upon inquiry by Chairman Dallari with regard to the timeline,
Commissioner Carey stated she is not accepting that as part of the Development
Order. Chairman Dallari explained his
concern is that this matter has been going on too long and he thinks there are
issues with the timeline and with people dragging their feet. He does not believe it is a lot to ask.
Commissioner
Constantine stated if the applicant is asking for the timeline, they might be
causing him trouble by not accepting it.
He stated he thinks that one of the reasons people signed the agreement
saying they were willing to go along with this change is because they felt it
was going to be done in a timely manner and the applicant was trying to make
them happy. He stated he does not see,
if this is a request from the applicant, why this is a problem.
Commissioner
Carey noted the letter from the Homeowners Association did not speak to time frames
at all. These time frames, from what she
understands, were at the request of Chairman Dallari asking them to put the
time frames together. She believes it is
far reaching and stated they don't typically put that type of timeline into
Development Order language. The Board
has taken action to extend every development order in the County that has been
approved and not built until 2016. She
does not think it is fair to turn around and say you have to do yours within a
specific amount of time.
Commissioner
Carey stated if Inland was not interested in moving the project forward, they
would not have continued to come back to the Board. She is confident they will move this project
forward in a timely manner. She stated
she is making her motion to move the matter forward with staff recommendations and
with the one modification to the Development Order.
Upon
inquiry by Commissioner Horan with regard to the timelines, Mr. DiGiovanni
stated his company did not initiate the language. He noted from an investor's standpoint, it is
somewhat concerning that they don't have complete control over the process and it
does create a more difficult environment.
He added they are happy to try to work with the County in every way
possible. Their intent is to have a
successful project and to move this along as quickly as they can.
Upon
inquiry by Commission Horan with regard to the timeline language, Mr. Ryan
stated that based on his conversations with Mr. DiGiovanni, this investor will
not write a multi-million dollar check unless they can resolve the water and
sewer issue and the amendment change. He
believes Inland intends to perform. To
the extent that it is limited to things they have control over, he does not
believe they have an issue.
Commissioner
Horan noted that he had ex parte communications with Mr. Ryan.
Commissioner
Horan indicated if the particular language helps the parties get something
accomplish, he has no problem with it; but if it gets in the way of getting
something accomplished, he has a problem with it.
Commissioner
Carey clarified that the timeline is not a part of her motion. Chairman Dallari explained why he asked the
applicant to do a timeline.
Commissioner
Henley noted that he had ex parte communications with Mr. Ryan. Commissioner Carey submitted her ex parte
communications (copy received and filed) into the record. Chairman Dallari and Commissioner Constantine
stated they also have had ex parte communications with both Mr. Ryan and Mr.
DiGiovanni.
Districts
2, 3, 4 and 5 voted AYE.
Commissioner
Dallari voted NAY.
WOODMERE
DRIVE WATER UTILITY SERVICE MSBU
Proof of publication, as shown on
page ________, calling for a public hearing to consider
a request to establish the final non‑ad valorem assessment for the
Woodmere Drive Water Utility Service MSBU as $10,114.60 per benefited parcel,
received and filed.
Carol
Watral, MSBU Project Manager, addressed the Board to present the request,
noting that the property owners were notified of this public hearing by mail
and through newspaper advertisement. Ms.
Watral stated this improvement provided needed water distribution to ten
properties along Woodmere Drive and explained the project was completed under
the preliminary cost estimate. The final
per property assessment based on actual project cost is $10,114.60. Ms. Watral discussed the two options for the
repayment.
No one
spoke in support or in opposition.
Motion
by Commissioner Constantine, seconded by Commissioner Carey, to adopt
appropriate Resolution #2013-R-141, as shown on page _______, establishing the
final non‑ad valorem assessment for the Woodmere Drive Water Utility
Service MSBU as $10,114.60 per benefited parcel, as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
AWARDS AND
PRESENTATIONS (continued)
Colonel
Joseph Nardo, Sea and Naval Science Instructor for the Navy Junior ROTC
(NJROTC) program at Oviedo High School, addressed the Board to state that the
Marksmanship Team has been State Champions for eight years in a row and are
Navy National Champions this year.
Master Chief Petty Officer Dale
Marteney, coach of the Marksmanship Team, addressed the Board to introduce the
members of the Marksmanship Team as follows:
Natalie Hudson, Shelbi Sessions, Danielle Barrody, Mackenzie Campbell,
and Hailey Malles. Master Chief Marteney
stated this is the first time in the history of the Navy program an all female
team has won.
Colonel Nardo gave a brief history
of the Marksmanship program. He stated
that next year the team will go to Camp Perry, Ohio, for competition and
pointed out there is a tremendous expense involved in travel. Colonel Nardo advised they get no funding
from the United States Navy and are dependent on fundraisers and other events
they sponsor. He displayed two banners
that will be hung in the high school gym.
Chairman Dallari recognized the
parents of the Marksmanship Team.
A video
(copy not received and filed) illustrating the Oviedo High School NJROTC
program was displayed.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to adopt appropriate
Resolution #2013-R-133, as shown on page _______, recognizing the Oviedo High
School Navy Junior ROTC Marksmanship Team for its outstanding service and
accomplishments.
Districts 1, 2, 3, 4 and 5 voted
AYE.
The Resolution was presented to the
members of the Marksmanship Team.
Natalie Hudson, member of the
Marksmanship Team, addressed the Board to state, on behalf of the team, that
shooting has been a huge part of their lives.
She stated the team puts in time and dedication and they feel it is
awesome to win National Champions. She
stated the support they have from their parents and coaches means so much to
them. Ms. Hudson thanked the Board for
recognizing the team and celebrating with them.
Chairman Dallari stated the Board
of County Commissioners would like to commend the team and added that they show
great hope for the Nation.
Informational packet regarding the
team was received and filed.
E. LAKE
BRANTLEY DRIVE REZONE/Donald Weaver
Proof of publication, as shown on
page _______, calling for a public hearing to consider a request to Rezone from
RP (Residential Professional) to RP (Residential Professional) for
approximately .28 acres located on the west side of E. Lake Brantley Drive,
approximately 250 feet north of W. SR 434, more particularly known as 153 E.
Lake Brantley Drive, Longwood, Donald Weaver, received and filed.
Cynthia Sweet, Planning and
Development Division, addressed the Board to present the request, stating the
property was rezoned from R‑2 to RP for an office for a trucking broker
with the condition if the property is sold for another use, the new use would
be required to come back to the Board.
Ms. Sweet explained the request for the proposed rezone would permit
additional uses for general office uses including insurance, real estate,
architects, engineering, attorneys, accounting, auditing, bookkeeping services,
and other similar office uses. She
stated the prohibited uses shall be those uses listed in the Land Development
Code (RP zoning district) as prohibited uses.
High intensity traffic uses such as medical offices, dental offices,
blood labs and other general medical uses shall also be prohibited. She noted the proposed rezone is compatible
with the surrounding properties’ Future Land Use and Zoning designations and
that the Planning & Zoning Commission voted to recommend approval. Staff recommends approval and requests the
staff report be made part of the record.
The applicant’s representative
addressed the Board to state he had no comments.
No one spoke in support or in
opposition.
Motion by
Commissioner Constantine, seconded by Commissioner Horan, to adopt Ordinance
#2013-18, as shown on page _______, enacting a rezone from RP (Residential
Professional) to RP (Residential Professional) for approximately .28 acres,
located on the west side of E. Lake Brantley Drive, approximately 250 feet
north of W. SR 434, more particularly known as 153 E. Lake Brantley Drive,
Longwood; and approve the associated Development Order, as shown on page
_______, as described in the proof of publication, Donald Weaver.
Districts 1, 2, 3, 4 and 5 voted
AYE.
SYLVAN
RESERVE BOAT DOCK/Sheila Cichra
Proof of publication, as shown on
page ________, calling for a public hearing to approve a request for a
1,510-square-foot boat dock with boat house on Sylvan Lake, for property
located on the southwest side of Sylvan Reserve Cove, more particularly known as
612 Sylvan Reserve Cove, Sheila Cichra, received and filed.
Jimette Cook, Planning and
Development Division, addressed the Board to present the request. Ms. Cook
discussed the criteria that the Land Development Code requires be considered in
approving the application for the dock.
She noted that a turbidity curtain will be placed during
construction. With regard to the
possible effect on the quality of waters in the County, she pointed out that the
surface area of Sylvan Lake is 188 acres and the proposed dock will only extend
149 feet beyond the mean high water line so any impact on water quality should
be minimal. With regard to the possible
effect on the propagation of wildlife fish, and aquatic plants and animals, she
stated encroachment by the proposed dock will be minimal and should have little
effect on the environment.
Ms. Cook stated, with regard to the
possible effect on all property owners fronting the body of land and water
involved, the shoreline of the subject lot is over 269 feet. She detailed the distances the boat dock will
be placed from the closest property lines and closest boat docks. She noted that the applicant shall seek a
permit and recommendation from the St. John’s River Water Management District
for the proposed boat dock. Ms. Cook
advised the proposed boat dock does not create a navigational hazard as it
projects less than 25% into the lake.
They have received no comments from any neighbors. Staff recommends approval.
Upon inquiry by Commission Horan,
Ms. Cook explained the dock will extend 149 feet beyond the mean high water
line of the lake.
Sheila Cichra, Albert Cichra
Builders, appeared on behalf of the applicant and stated she has had extensive
conversations with the homeowner and he has indicated he does not want his dock
to stick out too far. She stated that
currently the homeowner has three feet of water and the dock will not project
past the end of the weed line.
No one spoke in support or in
opposition.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve a 1,510-square-foot
boat dock with boat house on Sylvan Lake, for property located on the southwest
side of Sylvan Reserve Cove, more particularly known as 612 Sylvan Reserve Cove,
as described in the proof of publication, Sheila Cichra; Development Order, as
shown on page _______.
Districts 1, 2, 3, 4 and 5 voted
AYE.
FY 2012-2013 MID-YEAR
BUDGET
AMENDMENT RESOLUTION
Proof of publication, as shown on
page ________, calling for a public hearing to consider a request to approve the
FY 2012-2013 Mid‑Year Budget Amendment Resolution, received and filed.
Karen Hufman, Resource Management,
addressed the Board to present the request, stating the total mid‑year
adjustment to the County’s beginning fund balance budget is $5,707,361. She explained that the adjustment is to
true-up the budgeted projection of the beginning fund balance to the Comprehensive
Annual Financial Report (CAFR) fund balances as of September 30, 2012 that were
actually available for disbursements in the current fiscal year. Ms. Hufman pointed out the CAFR reported that
the County had a fund balance of $1.5 billion; however, $968 million was for
non-budgetary items such as fixed assets.
Ms. Hufman explained the majority of this adjustment is in the General
Fund and is due to the year-end decision to transfer $9.9 million for the P25
project. While the General Fund was
reduced $8.4 million, several weeks after the fiscal year end, the County
received bond proceeds and $9.9 million was transferred back into the General
Fund’s reserves.
Ms. Hufman pointed out that
included in the backup to the agenda item is an Executive Summary, which
reflects how the $5.7 million adjustment will be allocated; and she reviewed
those allocations. She stated the
Executive Summary also provides an overview of the funds that are incurring the
most significant true-up adjustments along with the primary factor that caused
the projections to be different than the actual results.
Ms. Hufman referred to a schedule
which is detailed by fund in the agenda memorandum and stated that the schedule
provides a recap of each fund’s adjustment to the beginning fund balance budget
and what the fund’s adjusted reserve or contingency budget will be.
Commission Horan noted that the
Executive Summary was very well done and will provide a basis for identifying
funds for the budget process and he commended staff.
No one spoke in support or in
opposition.
Motion by
Commissioner Horan, seconded by Commissioner Carey, to adopt appropriate
Resolution #2013-R-142, as shown on page _______, which adopts and implements
the FY 2012-2013 Mid‑Year Budget Adjustments, as described in the proof
of publication.
Districts 1, 2, 3, 4 and 5 voted
AYE.
RELEASE OF CONSERVATION
EASEMENT BETWEEN
DODD ROAD
AND GRAND ROAD/Eden Point, LLC
Proof of publication, as shown on
page ________, calling for a public hearing to consider a request to release
the conservation easement recorded in Book 1977, Pages 1602‑1603 of
Seminole County Official Records, on property located on approximately 3.27
acres between Dodd Road and Grand Road, north of Eden Point and south of Aster
Court, Eden Point, LLC, received and filed.
Jimette Cook, Planning and
Development Division, presented the request.
Ms. Cook explained that Eden Point, LLC owns property in Seminole
County, a portion of which is encumbered by a Conservation Easement granted to
Seminole County in 1988 for “natural sheet flow drainage water and conservation
purposes.” She pointed out that the
majority of the Easement covers a portion of Garden Lake, but the easement area
also extends to upland property on the north and on the south side of Garden
Lake. Ms. Cook stated the County’s
Public Works Department could not determine the original purpose or need for
the easement and has indicated it is not needed for drainage purposes. Pursuant to the requirements of Section 30.25
of the Seminole County Administrative Code, the applicant has provided a
statement establishing that the easement obtained for storm water or drainage
purposes was erroneously denominated as a conservation easement.
Ms. Cook advised that staff finds this
request complies with the requirement for releasing a conservation easement as
set forth in the Seminole County Administrative Code and in the Florida
Statutes. Staff recommends approval.
James Johnston, Shutts & Bowen,
addressed the Board on behalf of the applicant to state he is here to answer
any questions. Mr. Johnston stated he
believes this meets the requirements set forth in the County's resolution for
release of conservation easements that were erroneously called conservation
easements when they were really for storm water drainage.
Upon inquiry by Commissioner Carey,
Mr. Johnston stated the easement was granted in 1988.
No one spoke in support or in
opposition.
District Commission Dallari
recommended approval.
Motion by
Commissioner Carey, seconded by Commissioner Constantine, to adopt appropriate
Resolution #2013-R-143, as shown on page _______, releasing the conservation
easement recorded in Book 1977, Pages 1602‑1603 of Seminole County
Official Records, on property located on approximately 3.27 acres between Dodd
Road and Grand Road, north of Eden Point and south of Aster Court, as described
in the proof of publication, Eden Point, LLC.
Districts 1, 2, 3, 4 and 5 voted
AYE.
CHAIRMAN’S
REPORT
Chairman Dallari stated he received
a telephone call from the DAB (Developers Advisory Board) in reference to
connection fees and payments. He stated
about month or so ago the Board changed the fees and payments and he believes
they need to change them back. He stated
he has asked staff to brief the Board and would like the Board to entertain a
motion to direct staff to prepare a resolution revisiting Section 20.45(f) of
the Seminole County Administration Code to establish the deadline for the
payments of water and sewer connection fees prior to the issuance of a Certificate
of Occupancy.
Commissioner Carey questioned
whether or not a public hearing would be necessary. Mr. Applegate stated he spoke with Andy Neff,
Environmental Services, and they are making this a priority.
Discussion ensued with regard to
when this item would be coming to the Board.
Mr. Applegate stated they will meet the advertising requirement and it
will be done post haste.
Motion by
Commissioner Horan, seconded by Commissioner Constantine, to direct staff to
bring back a resolution amending Seminole County Administrative Code Section
20.45(f).
Under discussion, Commissioner
Horan clarified this is an Administrative Code change so they will not need a
public hearing. Upon inquiry by
Commissioner Carey, Mr. Applegate advised he will check to see what the process
is as to whether or not this item should be a public hearing or placed on the
regular agenda
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Dallari reported that at
the last MetroPlan meeting they talked about a bill in Tallahassee that is in
front of the Governor regarding the Coast to Coast Trail. He stated he is looking for support to send a
letter supporting the Coast to Coast Trail and encouraging the Governor to sign
the bill.
Motion by
Commissioner Horan, seconded by Commissioner Henley, to authorize the Chairman
to execute a letter to Governor Scott encouraging him to sign the bill
regarding the Coast to Coast Trail.
Under discussion, Commissioner
Horan stated that was also mentioned at the TDLCB (Transportation Disadvantaged
Local Coordinating Board) meeting. He
pointed out that for some reason there seems to be concern that the Governor
may want to veto that particular item.
Commissioner Horan stated they should support the connection.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman
Dallari announced the Seminole County Employee Diversity Dine-In will be held
on May 16 at the Sanford Civic Center.
He urged the directors, managers, and all County employees to attend.
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Chairman Dallari advised that he
received a letter (copy not received and filed) about a month ago referencing
Aqua Fiber. They are trying to help the
County and the community clean up Lake Jesup.
He stated he would like to schedule a work session or put them on the
agenda so they can have an open discussion.
Commissioner Carey requested it be held as a work session.
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Chairman Dallari noted the National
Association of Counties' dues have gone up and are approximately over $1,000.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1. Letter with attachment received April 18,
2013, from Ann Coffin, Department of Revenue, to Seminole County Board of
County Commissioners regarding award of incentive funds for Federal Fiscal Year
2011. (C: BCC, County Manager,
Resource Management)
2. Letter with attachment dated April 22, 2013,
from Howard Douglas, State of Florida Division of Emergency Management, to
Chairman Robert Dallari regarding Advanced Notice of Change of the Residential
Construction Mitigation Program Competitive Award Program. (C: BCC, County Manager, Economic &
Community Development Services)
3. Copy of letter dated April 23, 2013, from
Chairman Robert Dallari to Representative Jimmy Patronis, Florida House of
Representatives, regarding CS/CS/CS/HB 999.
(C: BCC, County Manager, County Attorney, Economic & Community
Development Services)
4. Copy of letter dated April 23, 2013, from
Chairman Robert Dallari to Senator Thad Altman, Florida Senate, regarding
proposed CS/CS/SB 1684. (C: BCC, County Manager, County Attorney, Economic
& Community Development Services)
5. Copy of letter dated April 24, 2013, from
Chairman Robert Dallari to Malcolm Williams, Vector Disease Control, Inc.,
regarding Authorization to Dispense Insecticides (RFP 600-650-09/GMG). (C: BCC, County Manager, Public Works)
6. Letter dated April 25, 2013, from Diane
Pickett Culpepper, Bright House Networks, to Chairman Bob Dallari regarding
programming changes to Bright House Networks customers. (C: SGTV, County Manager, Michael Champagne,
Bright House Networks)
7. Letter dated April 25, 2013, from Sandra
Smith, City of Casselberry, to Chairman Robert Dallari regarding Casselberry
CRA Annual Report 2011-2012. (C: BCC,
County Manager, Economic & Community Development Services)
8. Letter with attachment dated April 27, 2013,
from Norman W. Smith, 510 Tiberon Cove Road, Longwood, FL, regarding treatment
of Disabled American War Veteran. (C:
BCC, County Manager, Property Appraiser)
9. Letter dated April 29, 2013, from Larisa
Perry, Wells Fargo Bank, to Commissioner Robert Dallari regarding Wells Fargo’s
set of environmental commitments to be achieved by 2020. (C: BCC, County Manager)
10. Notice of Public Hearing received April 30,
2013, from City of Lake Mary regarding consideration of a Site Plan for the
Station House, a 200-unit luxury apartment development located south of Wilbur
Avenue, north of E. Crystal Lake Avenue, and west of Old Lake Mary Road. (C: BCC, County Manager, Economic &
Community Development Services)
11. Letter with attachment received April 30,
2013, from Alexander Nurell, 2156 Nottingham Drive, Winter Park, FL, to
Seminole County and City of Casselberry regarding proposed Flyover U.S. 17/92
and SR 436 Alternative “At Grade” Improvement.
(C: BCC, County Manager, Public Works, Economic & Community
Development Services)
12. Letter with attachment dated April 30, 2013,
from Cynthia Porter, City of Sanford, to Seminole County Commissioners
regarding Notice for Ordinance No. 4290.
(C: BCC, County Manager, Economic & Community Development Services)
13. Letter with attachment dated April 30, 2013,
from Cynthia Porter, City of Sanford, to Seminole County Commissioners
regarding Notice for Ordinance No. 4289.
(C: BCC, County Manager, Economic & Community Development Services)
14. Public Notice received May 1, 2013, from City
of Winter Springs regarding holding a design charette for the purpose of
creating a small area plan consistent with the Town Center Master Plan for
certain real property located in Seminole County. (C: BCC, County Manager, Economic &
Community Development Services)
15. Notice of Public Hearing received May 1, 2013,
from City of Winter Springs regarding annexing one parcel of land comprising of
approximately 4.4 gross acres currently within Seminole County located on the
northwest corner of the intersection of DeLeon Street and Florida Avenue. (C: BCC, County Manager, Economic &
Community Development Services)
16. Health Issues Brief received May 6, 2013, from
Florida Hospital Government & Public Affairs regarding Health Reform’s
Impact on Women’s Access to Care and Preventative Service. (C: BCC, County Manager, Human Resources)
17. Letter dated May 7, 2013, from Alice Weinberg,
Property Appraiser’s Office, regarding response to Norman W. Smith’s letter
regarding treatment of disabled veteran.
(C: BCC, County Manager)
18. Letter with attachment dated April 2013 from
Sean Snaith, University of Central Florida, to Chairman Robert Dallari
regarding April 2013 Florida & Metro Forecast published by the University
of Central Florida’s Institute for Economic Competitiveness.
19. Community Meeting Notice received May 9, 2013,
from Potomac Land Company regarding meeting to discuss rezoning of 2028 Center
Drive, Casselberry, FL, from R1-A & A-1 to R-1 zoning. (C: BCC, County Manager, Economic &
Community Development Services)
20. Letter with attachment received May 13, 2013,
from Catherine Mori, Weston Park, L.P., regarding upcoming meeting regarding a
proposed 202-unit, multi-family project in Longwood, adjacent to the City’s
SunRail station near the intersection of Church Avenue and CR 427. (C: BCC, County Manager, Engineering,
Economic & Community Development Services)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner Henley reported that he
attended the Altamonte Springs dedication of their Environmental Science
Incubator along with Commissioner Constantine and Mr. Hartmann. He believes they have done a tremendous job
in building partnerships, which has guaranteed the funding of that Science
Incubator for a number of years into the future, and should be commended for
what they have done.
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Commissioner Carey announced that
the Second Seminole County Veterans Stand Down will be held on May 18 at 9:00
a.m. at the Seminole County Health Department.
She stated last year's event was great and she hoped everyone will stop
by and see some of the services that are provided to their veterans. She noted that Ed Burford, the County's
representative for Veterans' Affairs, does a wonderful job for the veterans,
and commended staff for the work that they do.
-------
Commissioner Carey announced the
Sanford Memorial Parade will be held on Memorial Day, May 27, at 10:00 a.m. in
downtown Sanford with a ceremony immediately following at 11:00 a.m. at
Veterans Memorial Park.
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Chairman Dallari announced that the
Oviedo Chamber of Commerce and the Hope Foundation are having the Central
Florida BBQ Cook Off on May 24 and 25.
Steel Magnolia will be performing and all funds will be going to the
Hope Foundation.
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Commissioner Horan reported at the
last meeting of the Public Schools Facilities Planning Committee they received
and commented on the proposed interlocal agreement, which should be available
within the next month for the Board's consideration. He noted that the interlocal agreement
removes the concurrency requirement and also addresses a number of other issues
that deal with the coordination of staff and the boards.
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Commissioner Horan thanked Nicole
Guillet for her leadership with the PTAC Committee. He noted that Ms. Guillet has stepped up and done
a great job in pulling together all of the technical requirements and put
together a document that is going to be very, very understandable and a good working
document for the nine governmental bodies that will be signing it.
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Commissioner Horan reported that he
attended the Transportation Disadvantaged Local Coordinating Board
meeting. He noted they had their
annual assessment, which is available on their website. Generally, it was a satisfactory assessment
with certain concrete suggestions as to how transportation disabled services
can be enhanced and provided more efficiently.
One of the two outside vendors that had been providing transportation
disabled access services for LYNX has voluntarily terminated their interest in
the agreement so now there is just one outside vendor involved. Since that change has occurred, the
efficiency of the system has worked better.
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Commissioner Horan noted that he
and Chairman Dallari attended an event for SERTOMA (Service to Mankind). The event was a bowling tournament where a
number of different teams competed and over $2,000 was raised.
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Commissioner Horan corrected his
April 23, 2013 appointment of Alex Figueroa to the Tourist Development Council
and advised that Mr. Figueroa is not an elector in Seminole County and thus not
eligible to be on the Board.
Motion by
Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate
Resolution #2013-R-144, as shown on page _______, appointing Bruce Skwarlo to
the Tourist Development Council to serve the remainder of the term of
Jacqueline Padilla, who resigned.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Commissioner Constantine reported
that at the meeting of the Orlando Sanford International Airport, they were
discussing a number of the properties they are acquiring, some of which they
will hopefully be negotiating and they will not have to go through various
lawsuits that have come up recently.
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Commissioner Constantine noted there
was a discussion at CALNO about the Oviedo in the Park project and that many
attended the May 11 opening.
-------
Commissioner Constantine stated he
also attend a bowling tournament with Delta Sigma and their program for
scholarships for this year.
-------
Commissioner Constantine reported
he attended the Sanford Woman’s Club's Centennial celebration on May 9.
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Commissioner Constantine reiterated
that he and Commissioner Henley attended the Incubator project at Lake Lotus in
Altamonte Springs. He pointed out that
the partnerships will have scholarships for Seminole County students that
complete the program and move forward with their science careers.
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Commissioner Constantine advised
that he and Commissioner Henley would like to have a resolution for the Lyman
High School Volleyball Team, which won that Statewide Championship 31 and 0 and
defeated Bishop Moore High School in the championship.
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Commissioner Constantine stated
that May 18 will be the Charity Challenge, the charity event he has been doing
every year for the last 28 years. They
have raised over $5 million. He advised
that it will be held at the Citrus Bowl and invited everyone to attend. They have 101 teams, which is a record.
COUNTY
ATTORNEY’S REPORT
Bryant Applegate, County Attorney, stated
that with regard to the earlier conversation, he has been with the County for
almost two years and his office has never let staff down with getting something
on the agenda. Going back to the last
meeting, his only concern is if the change is something that was adopted by
ordinance; then obviously, they will have to advertise. If it was just an Administrative Code change
by resolution, they will not need to advertise.
He has not seen what the changes are.
Commissioner Horan stated the
change was just to the Administrative Code.
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Mr. Applegate stated he will be
speaking to the Seminole County Legal Aid Society's Board of Directors next
week at their meeting about the program “Attorneys Fighting for Seriously Ill
Children,” which is a program they are starting in Seminole County through the
Legal Aid Society.
ITEMS FOR
FUTURE AGENDA
James
Fraleigh, 23 Teresa Court, addressed the Board to discuss his concerns with
regard to the Casselberry Flyover at SR 436 and US 17-92. Mr. Fraleigh stated this has been a well-hid
project. At each Casselberry Commission
meeting, the people have been ignored.
He stated that at the Florida Department of Transportation (FDOT)
meeting at Casselberry City Hall that was held six weeks ago, there was
standing room only and not one person stood up for the project. He reviewed the April 29 meeting put on by
business owners and held together with the public at Jai Alai. Mr. Fraleigh stated that Casselberry
Commissioner Gene Fry and Commissioner Sandra Solomon asked to have a joint
public meeting with the Seminole County Commission to discuss alternatives
compared to building without the people being represented. He stated he believes the Commission needs to
vote to agree to a special meeting for all to be represented.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 3:15 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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