BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

MAY 6, 2008

 

     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 6, 2008, in the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Brenda Carey (District 5)

     Vice Chairman Michael McLean (District 2)

     Commissioner Bob Dallari (District 1)

     Commissioner Dick Van Der Weide (District 3)

     County Manager Cindy Coto

     County Attorney Robert McMillan

     Deputy Clerk Eva Roach

 

     Absent:

     Commissioner Carlton Henley (District 4)

 

     The Invocation was given by Major Joseph Knobel, Salvation Army, Sanford.

     Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-108, as shown on page ________, proclaiming the month of May as “Older Americans Month”. 

     Districts 1, 2, 3, and 5 voted AYE.

     Chairman Carey advised that Commissioner Henley is not in attendance as he is traveling with his family.

     The Board presented the Resolution to Sherry Fisher, Director of Meals on Wheels, who addressed the Board to express her appreciation.


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     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to adopt appropriate Resolution #2008-R-107, as shown on page _________, recognizing Brindley B. Pieters as the recipient of the “2008 Success in Seminole Magazine Award”.

     Districts 1, 2, 3 and 5 voted AYE.

COUNTY MANAGER’S CONSENT AGENDA

     Motion by Commissioner McLean, seconded by Commissioner Dallari to authorize and approve the following:

County Manager’s Office

3.  (Resolution to be acknowledged outside the forum of the Board of County Commissioner’s meeting)  Adopt appropriate Resolution #2008-R-109, as shown on page ________, declaring May 19th through May 23rd as “Emergency Medical Services Week.”

 

Administrative Services

Purchasing and Contracts

4.  Award CC-3077-08/DRR, as shown on page ________, in the amount of $693,000.00 to Prime Construction Group, Inc. of Orlando, Florida, for all labor, materials, equipment, restoration, coordination, tools, transportation, services and incidentals necessary to complete two (2) projects at the Greenwood Lakes Wastewater Treatment Facility.

5.  Award CC-3138-08/DRR, as shown on page ________, in the amount of $367,645.00 to Southern Well Services, Inc., of Clearwater, Florida, for all labor, materials, equipment, tools, transportation, services and incidentals necessary for constructing, developing and testing a new public supply well at the Markham Regional Water Treatment Plant in Seminole County, Florida.

 

Community Services

Administration

6.  Adopt and authorize the Chairman to execute appropriate Resolution #2008-R-110, as shown on page ________, for the addition of Section 4.6 of the Seminole County Administrative Code establishing the Committee on Aging.

 

Economic Development

Tourism

7.  Approve and authorize the Chairman to execute an Agreement, as shown on page ________, with the City of Altamonte Springs/Altamonte Sports for the 2008 Amateur Softball Association Girls Class A 16 Under Fast Pitch Southern Nationals in the amount of $4,000.00.

 

Environmental Services

Business Office

8.  Approve the Release of the original Water and Sewer Cash Maintenance Bond with Escrow Agreement in the amount of $700.00 for the project known as Seminole Harley-Davidson.

9.  Approve the Release of the original Water and Sewer Maintenance Agreement with Letter of Credit in the amount of $735.00 for the project known as Regal Pointe Park Lot 3.

10.  Approve the Release of the original Water and Sewer Maintenance Agreement with Letter of Credit in the amount of $2,900.00 for the project known as The Gathering Place Worship Center.

11.  Approve the Release of the original Water and Sewer Maintenance Agreement with Letter of Credit in the amount of $31,329.91 for the project known as Wilson Park.

Solid Waste Management

12.  Approve and authorize the Chairman to execute a Certificate, as shown on page ________, of Public Convenience and Necessity for Keller Outdoor, Inc.

 

Fiscal Services

Administration

13.  Approve and authorize the Chairman to execute a Memorandum of Understanding, as shown on page ________, with the Florida Division of Emergency Management in acceptance of $353,641.00 in equipment towards domestic preparedness.

14.  Approve and authorize the Chairman to execute the Corrective, Second Modification, as shown on page ________, of the 2006-07 Subrecipient Grant Agreement for Hazardous Materials/WMD Teams, correcting the intended effective date of the Modification.

15.  Approve and authorize the Chairman to execute the Corrective, Second Modification, as shown on page ________, of the 2006-07 Subrecipient Grant Agreement for Urban Search and Rescue Task Forces, correcting the intended effective date of the Modification.

Budget

16.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-111, as shown on page ________, implementing Budget Amendment Request (BAR) #08-52 through the General Fund in the amount of $67,870.00 in order to allow for the receipt and payment of passthrough reimbursement funding related to the 800 MHz rebanding project.

17.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-112, as shown on page ________, implementing Budget Amendment Request (BAR) #08-53 through the Public Works Grants Fund in the amount of $3,528,742.00 to record in the budget the County Incentive Grant Program Agreement related to the Midway Regional Stormwater Facility (IFAS) project.

18.  Approve and authorize the Chairman to execute appropriate Resolution #2008-R-113, as shown on page _________, implementing Budget Amendment Request (BAR) #08-55 through the Public Works Grant and the 2001 Infrastructure Sales Tax Fund in the amount of $15,092,062.00 in order to record in the financial records the agreements approved by the Board of County Commissioners at the April 22, 2008, meeting.

19.  Approve and authorize the Chairman to execute Budget Change Request (BCR) #08-21 through the Stormwater Fund in the amount of $120,509.00 to establish and fund two new Lake Assessment projects.

 

Planning and Development

Development Review

20.  Authorize the release of the Lake Forest Section 13A Private Road Maintenance Bond #5011748 in the amount of $14,311.89 for the Lake Forest Section 13A road improvements.

21.  Authorize the release of the Lake Forest Section 14 Private Road Maintenance Bond #5011750 in the amount of $92,966.80 for the Lake Forest Section 14 road improvements.

22.  Authorize the release of the Heathrow International Business Center North Right-of-Way Utilization Permit Maintenance Bond #58625189 in the amount of $1,958.52 for the Heathrow International Business Center Right-of-Way road improvements.

23.  Approve and authorize the Chairman to execute the minor plat for BSP/Carrigan - Alafaya located on the corner of Alafaya Trail and West Carrigan Avenue in Section 27, Township 21 S, Range 31 E. (BSP/Carrigan - Alafaya, LLC).

 

Public Works

Administration

24.  Approve the reappointment of Commissioner Gary L. Brender, City of Lake Mary, as a Municipal Representative to serve on the Seminole County Expressway Authority, pursuant to unanimous recommendation of the seven (7) cities located within Seminole County.

Engineering

25.  Adopt appropriate Resolution #2008-R-114, as shown on page _________, accepting a Quit Claim Deed, as shown on page _________, from Zimmer Poster Service for the construction of a sidewalk along Park Road. 

26.  Adopt appropriate Resolution #2008-R-115, as shown on page __________, accepting six (6) Temporary Construction Easements, as shown on page _________, necessary for the Wekiva Park Drive Outfall Drainage Improvement Project.

27.  Approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page ________, with the City of Casselberry relating to the transfer of ownership, jurisdiction over and full functional responsibility for a portion of Belle Avenue.

 

     Districts 1, 2, 3 and 5 voted AYE.

     Chairman Carey stated Item #6, approve Resolution establishing Committee on Aging, is going to require information for the Board to make appointments.

     Cindy Coto, County Manager, addressed the Board to advise staff will be bringing that back to the Board.

COUNTY ATTORNEY’S CONSENT AGENDA

     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to authorize issuance of an Offer of Judgment for Parcel #123, Patricia A. Robinson, of the County Road 15 road improvement project in the amount of $75,000 exclusive.

     Districts 1, 2, 3 and 5 voted AYE.

CONSTITUTIONAL OFFICERS CONSENT AGENDA

     Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to authorize and approve the following:

CLERK’S OFFICE

29.  Approval of Expenditure Approval Lists, as shown on page _________, dated April 7 & 14, 2008, and Payroll Approval Lists, as shown on page ________, dated April 3 & 17, 2008; approval of BCC Minutes dated April 8, 2008; and noting, for information only, the following Clerk’s received and filed:

 

1.        Memorandum to Cindy Coto, County Manager; Joe Forte, Deputy County Manager; Sabrina O’Bryan, Assistant County Manager; Brenda Carey, Chairman BCC; Maryanne Morse, Clerk of the Court; and David Godwin, County Finance Director; from Commissioner Bob Dallari re:  County Commission- Travel Stipend.

 

2.  Work Order #26, as shown on page ________, to PS-1074-06.

 

3.  Private Road & Drainage Maintenance Bond, as shown on page _________, in the amount of $187,169 for the project known as Long Pond Subdivision, and Right-of-way Utilization Permit Maintenance Bond in the amount of $5,525 for the project known as Lowe’s Home Center-Fern Park.

 

4.        Work Order #25, as shown on page _________, to PS-1529-06.

 

5.        Work Order #17, as shown on page _________, to PS-1501-06.

 

6.        IFB-600302-08 Contracts, as shown on page _________, for Water Meter Boxes and Covers with HD Supply Waterworks and Ferguson Waterworks.

 

7.        Change Order #8, as shown on page __________, to CC-0256A-06.

 

8.        Work Order #8, as shown on page _________, to PS-5102-01.

 

9.        Work Order #22, as shown on page _________, to CC-1075-06.

 

10.         Change Order #4, as shown on page _________, to CC-2583-07.

 

11.         Work Order #58, as shown on page __________, to PS-5120-02.

 

12.         Second Amendment, as shown on page _________, to RFP-0268-05.

 

13.         Work Order #26, as shown on page _________, to PS-0381-06.

 

14.         Change Order #3, as shown on page _________, to CC-2583-07.

 

15.         Change Order #4, as shown on page _________, to CC-2143-07.

 

16.         Third Amendment, as shown on page _________, to IFB-600016-06.

 

17.         Work Order #24, as shown on page _________, to PS-5190-05.

 

18.         Work Orders #58 & #59, as shown on page __________, to CC-1267-05.

 

19.         Water & Sewer Maintenance Bond, as shown on page __________, in the amount of $10,333.70 for the project known as Colonial Town Park Bldg. 400.

 

20.         Water & Sewer Cash Maintenance Bond with Escrow Agreement, as shown on page _________, in the amount of $3,876 for the project known as Alaqua Country Club Clubhouse.

 

21.         Satisfactions, as shown on page _________, of Connection Fees for the following projects:  Little Pros Daycare; Colonial Town Park Bldg. 400; Ligonier Academy of Theology; Savannah Park Townhomes; The Villas at Chase Groves; Monroe Road Development; and Goodwill Industries (Lot 3 Sunshadow Professional Center).

 

22.         Conditional Utility Agreements, as shown on page _________, for water and sewer service with Orange Commons LLC.

 

23.         Right of Entry Agreement, as shown on page __________, with Verdelyte LLC for the project known as Burke Hogue and Mills Office Bldg.

 

24.         Satisfactions, as shown on page _________, of Connection Fees for the projects known as Talman Mews Ph. 1 and JDM Office Bldg.

 

25.         Addendum #1, as shown on page _________, to Maple Leaf Commerce Center PCD.

 

26.         Addendum #2, as shown on page _________, to Aloma Mini Storage Minor Amendment.

 

27.         Change Order #1, as shown on page _________, to CC-2546-07.

 

28.         Work Order #1, as shown on page __________, to PS-2404-07.

 

29.         First Amendment, as shown on page ________, to RFP-4232-04.

 

30.         Work Order #97, as shown on page __________, to PS-5165-04.

 

31.         First Amendment, as shown on page _________, to Litigation Consultant Agreement-Case #07-CA-1455-13-K/O-Dell with Gerson, Preston, Robinson & Company, P.A.

 

32.         Third Amendment, as shown on page ________, to Litigation Consultant Agreement-SR 46 Ltd. et al, Parcels 112/712 with Gerson, Preston, Robinson & Company, P.A.

 

33.         Work Order #2, as shown on page ___________, to PS-5187-05.

 

34.         Tennis Pro Agreement, as shown on page _________, with Roger Crawford.

 

35.         Work Order #68, as shown on page __________, to PS-5130-02.

 

36.         Work Order #4, as shown on page __________, to RFP-4259-05.

 

37.         Work Order #8, as shown on page ___________, to CC-1284-06.

 

38.         Change of addresses to Standby Letters of Credit, as shown on page _________, for the following:  Highway 46 Holdings LLC; Indrunas Enterprises, LLC; Seminole County Victim’s Rights; and Summerfield of Seminole County, Inc.

 

39.         Work Order #57, as shown on page __________, to CC-1267-05.

 

40.         Work Order #56, as shown on page __________, to CC-1267-05.

 

41.         First Amendment, as shown on page _________, to RFP-600148-07.

 

42.         Performance and Payment Bonds, as shown on page _________, for CC-2822-07.

 

43.         Performance and Payment Bonds, as shown on page __________, for CC-2486-07.

 

44.         Change Order #2, as shown on page _________, to CC-2098-07.

 

45.         Work Order #35, as shown on page _________, to PS-5174-04.

 

46.         Work Order #96, as shown on page __________, to PS-5165-04.

 

47.         First Amendment, as shown on page ________, to RFP-4233-04, GMB Engineers.

 

48.         First Amendment, as shown on page ________, to RFP-4233-04, Trindle-Oliver & Associates.

 

49.         Work Order #9, as shown on page _________, to CC-1741-07.

 

50.         Work Order #75, as shown on page _________, to PS-5150-03.

 

51.         Certificate of Completion, as shown on page _________, for Work Order #19 to CC-1075-06.

 

52.         Certificate of Completion, as shown on page _________, for Work Order #4 to CC-1075-06.

 

53.         Work Order #6, as shown on page __________, to PS-5140-03.

 

54.         Amendment #1, as shown on page _________, to Work Order #14 to PS-5190-05.

 

55.         Bids as follows:  PS-3166-08; CC-3077-08; CC-3138-08; IFB-600354-08; and Bid Packet CD’s for CC-3077-08 & CC-3138-08.

 

     Districts 1, 2, 3 and 5 voted AYE.

REGULAR AGENDA

     Bill McDermott, Economic Development Director, addressed the Board to request approval of a Jobs Growth Incentive Agreement with Roses Southeast Papers, LLC, and approval of the Interlocal Agreement with the City of Sanford.  He stated Roses is expanding their existing facility to 20,000 sq. ft. and will add another 20 jobs within the next 2-3 years. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize the Chairman to execute the Jobs Growth Incentive Agreement, as shown on page ________, with Roses Southeast Papers, LLC, in the amount of $20,000, and authorize the Chairman to execute the Interlocal Agreement, as shown on page _________, with the City of Sanford. 

     Districts 1, 2, 3 and 5 voted AYE.

COUNTY ATTORNEY’S BRIEFING

     No Report.

COUNTY MANAGER’S BRIEFING

     Ms. Coto stated on February 12, 2008 the Board asked staff to do a small area study relating to the UCF student housing application.  She stated at the last BCC meeting Ms. DeBord provided a scope of services that staff had developed.  The consultant informed staff that the cost would be $136,000 and it would take approximately 6 months to complete.  She stated staff doesn’t have the necessary time to do this as they are going through the EAR amendment.  She said based upon the value they might obtain from the small area study, the price tag and the present financial situation, she is not sure she could recommend that staff proceed in that manner.

     Dori DeBord, Planning & Development Director, addressed the Board to state the consultant gave a careful and thorough analysis of the scope that staff provided to them and the total cost is $136,815 for that study.  She stated at this time they don’t have that in their budget for consultant services and she would like some direction from the Board as to what to do.

     Upon inquiry by Commissioner McLean, Ms. DeBord advised the small area study will look at about a 1½ mile radius around the UCF area, what would be the impact of student housing, issues relating to transportation, multi-level use, property assessment, property values, and activities regarding any type of Sheriff calls.  It will also look at the effects on housing and the type of housing market that will be developed around the universities, what type of student housing would be available, household spending and demand for commercial and retail services.

     Upon inquiry by Chairman Carey, Ms. DeBord advised if there were any issues, staff would require the applicant to provide information on that.

     Chairman Carey stated she doesn’t see any reason for the County to spend $136,000 for a specific project when it would not be part of their normal operating procedure.

     Upon inquiry by Commissioner Dallari, Ms. DeBord advised the applicant is still going through the Development Review process and they are in the process of providing a very detailed parking study and they expect to have that to staff in the next couple of weeks.  Should staff be satisfied with the results, they will continue moving it through the process.

     Upon further inquiry by Commissioner Dallari, Ms. DeBord advised staff is waiting for the parking study at this time as well as addressing other issues that came from the Development Review Committee.  She stated she doesn’t know the timeline, but it may be before the Board in the next several months.

     Commissioner Dallari suggested that until the Board gets a more solid base timeline from the applicant, the Board take no action until they know what the timeline will be and what the budget will be for the upcoming year.

     Chairman Carey stated she feels the applicant needs to go through the process of bringing this forward, then the Board can make a decision.

     Commissioner Dallari stated he feels it is difficult to make a financial decision, therefore, he is asking that a decision not be made at this time.

     Commissioner McLean stated given the circumstance they are in, he is not in favor of approving the study.

     Commissioner Van Der Weide stated he doesn’t think they can afford this under the budget restraints.  He stated he is not sure that they need this as it is a very small area study for a 15-acre project.

     Motion by Commissioner McLean, seconded by Commissioner Van Der Weide to authorize not moving forward with the UCF student housing small area study at all.

     Districts 2, 3 and 5 voted AYE.

     Commissioner Dallari voted NAY.

     Chairman Carey recessed the meeting at 9:50 a.m., reconvening it at 10:05 a.m.

CHAIRMAN’S REPORT

     Chairman Carey stated the SEOS came before this Board for a Qualified Defense Contractor award and the State has notified the County that they are no longer eligible for that award.  It is going to be transitioned to a Qualified Target Industry award.  When it was a QDC award the amount was $15,000, and that amount is going to be reduced to $9,000 as a result of that action.  She stated she will be sending a letter to Tracy Turk indicating that.

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize the Chairman to send a letter, as shown on page_______, to Tracy Turk addressing the County’s position on the reduction of the QDC contribution for SEOS.

     Districts 1, 2, 3 and 5 voted AYE.

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     Chairman Carey updated the Board on the Commuter Rail.  She stated the Commuter Rail Committee is having a special meeting on Friday.  Commuter rail is a project that has been on the books for a while and the liability issue did not get through the Legislature this year.  It is still a funded project by the State and the Federal government.  She said she spoke Congressman Mica and he indicated that an amended bill will be signed by the President on Monday.  The Federal funding will probably get stronger and they don’t know if the Legislators will bring this up as a special session.  The funding is in place until June 2009, so that project will continue to move forward.

     Commissioner Dallari stated he would like to know if the four counties involved will be taking a different approach to try to lobby the State Senate and State Representatives.

     Chairman Carey stated she knows that Senator Webster is trying to keep the $2 surcharge in play as a way to help the funding.  FDOT feels comfortable moving the project forward.

     Commissioner Dallari stated he would like to see a better approach made to try to bring more people in on the State level for the lobbying effort.

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     Chairman Carey stated Brevard County passed a resolution supporting the space shuttle and they are asking this county to support it as well.  She stated Senator Bill Nelson requested that Seminole County support this as well.

     Motion by Commissioner McLean, seconded by Commissioner Dallari to adopt appropriate Resolution #2008-R-116, as shown on page _________, supporting the space program.

     Districts 1, 2, 3 and 5 voted AYE.

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     Chairman Carey stated Lynx has held a random drawing and one of the groups that was chosen was the Spay-n-Save to be featured for free on the Lynx buses. 

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     Chairman Carey reminded the Board of a ribbon cutting for the Seminole County Gas to Energy Power Plant that will be Thursday, May 8 at the Osceola Road Landfill.  She stated this is a pilot project going on out there and it will generate revenue for the County.

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     Chairman Carey reminded the Board of her and Ms. Coto’s trip to Washington, D.C. on May 13 and 14, 2008 to lobby the Federal Legislators. 

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     Chairman Carey stated she will be attending the Commission on Homelessness meeting on May 15 and she is looking for any ideas that will help how they can address the homelessness issue. 

     Commissioner Dallari stated he believes an organization from the Hope Foundation will be having an event at Lake Eola on May 17, and the program will bring agencies together.  They are planning to have a national speaker.

 

DISTRICT COMMISSINERS’ REPORTS

     Commissioner Dallari stated Chairman Carey informed the Board of the ribbon cutting at the landfill and he would like to know if people at the plant spoke on how they will be selling the carbon credits.  He asked Ms. Coto to check into that.

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     Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to appoint Johnnie Richardson to the Seminole County Historical Commission.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt appropriate Resolution #2008-R-117, as shown on page ________, commending Phil Tua for his services on the Seminole County Historical Commission.

     Districts 1, 2, 3 and 5 voted AYE.

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     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize placing on the next Board meeting’s agenda the Seminole County Cultural Arts Council’s Artist of the Year award.

     Districts 1, 2, 3 and 5 voted AYE.

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     Commissioner Van Der Weide stated it is hard to get around District 3 because of all the construction, but he feels it will be a major improvement once it is done.

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     Commissioner Van Der Weide stated the Heroes Memorial meeting was held and they have a couple of loose ends that they need to put together.  He stated he will be meeting with the area’s veteran groups and they are very responsive and have had some great ideas as well.

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     Commissioner McLean stated with regard to commuter rail he spoke to Bobby Brantley, Shutts & Bowen, and he indicated that Senator Webster is a champion of his initiative through the Senate and this is his last go round in his Legislative career.   He stated Senator Webster took the initiative to pull back the $2 rental surcharge so that he can bring other counties from other parts of the State to the table.

     Chairman Carey stated a lot of the House and Senate representatives from Central Florida were very strong voices to try to move the commuter rail forward and it is unfortunate they could not get it through during the normal process.

LEGISLATIVE UPDATE

     Sabrina O’Bryan, Assistant County Manager, addressed the Board to advise the Legislative session closed on Friday.  Seminole County has been tracking bills relating to energy, transportation, work force, affordable housing and growth management and she will be providing a better update at the next meeting.  She stated, relating to the Tax Reform, the Senate opted not to make any changes to local governments and allowed the impacts of Amendment One to play out.  The Senate opted to not move forward with the exemption of property and the levying of increased taxes.  The Property Tax Glitch Bill will require a change on the way they calculate their rolled-back rate, and staff will be able to provide more information on that on May 20.  The Florida Forever Program funding remains intact at this time.  She stated she will go into more depth at the next meeting regarding the Energy Bill, growth management, Travel Company Exemption Bill, health care, education, environment, economic development, transportation and housing. 

     Chairman Carey asked if the Taxation and Budget Committee meeting passed a bill that had to do with school funding.  Whereupon, Ms. O’Bryan indicated that bill passed.  The Chairman said it will be difficult for any public agency to try and plan their capital improvements program based on sales tax revenue, not knowing what that number will be, and she hopes the voters will understand that when it go on the ballot in November.  She said she is interested in hearing from the School Board.

     Ms. O’Bryan stated it was approved by the Taxation and Budget Reform Commission to be placed on the November ballot and whatever action is taken at that time, the Board will have an opportunity to determine whether or not that will be placed on their future ballot. 

COUNTY MANAGER’S REPORT

     Ms. Coto stated the only item she will be bringing back at the next Board meeting is the conflict counsel issue that is facing them in unfunded mandates.  She stated staff will be doing more research on that issue and that will be brought to the Board at the May 20 meeting.

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     The Chairman recessed the meeting at 10:25 a.m., reconvening at 1:30 p.m., this same date with all Commissioners and all other Officials, with the exception of Clerk of Court, Maryanne Morse, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Sandy McCann, who were present in the Opening Session. 

 

 

PROOF OF PUBLICATION

     Motion by Commissioner Dallari, seconded by Commissioner McLean to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record. 

     Districts 1, 2, 3 and 5 voted AYE. 

APPEAL AGAINST BOA,

JEFFREY ECKER

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal against the Board of Adjustment’s decision to deny a side street setback variance from 20 feet to 10 feet for an existing wood privacy fence in a PUD (Planned Unit Development), Jeffrey Ecker, received and filed. 

     Planner, Joy Williams, addressed the Board to present the request, advising the staff recommends denial of the variance. 

     Jeffrey Ecker, Appellant, addressed the Board to state he wanted to be a good neighbor so he replaced his fence which was damaged.  He said he did not obtain a permit before erecting the fence and has been trying to rectify that.  The Board of Adjustment denied the variance because of line of sight.  He stated that he does not believe that is a problem.  He displayed an aerial (not received & filed) of his neighborhood and pointed out the variances that have been granted, including the property in front of his house and the property in back of this house.  He added that there is very little traffic on his street and he does not believe there is any danger with where his fence is placed.  He also stated that there is no one in opposition to this variance. 

     No one else spoke in support or in opposition. 

     Upon inquiry by District Commissioner Dallari, Ms. Williams advised the Traffic Engineering staff reviewed this and they did not believe the variance would create any safety issues.  She also displayed a map showing other variances in the area. 

     District Commissioner Dallari stated he sees no reason to deny the requested variance as there is no safety issue. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to grant the appeal, thereby, reversing the decision of the Board of Adjustment’s decision to deny a side street setback variance from 20 feet to 10 feet for an existing wood privacy fence in a PUD (Planned Unit Development) for property located at 899 Bates Court, approximately ¼ mile west of Dodd Road, as described in the proof of publication, Jeffrey Ecker. 

     Districts 1, 2, 3 and 5 voted AYE. 

REQUEST FOR REZONE FROM A-1 TO

PUD, RG LAKE MARY, LLC/JOHN PETRICOLA

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a request to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately 28.31 acres located at the northeast corner of the intersection of International Parkway and Wilson Road, RG Lake Mary, LLC/John Petricola, received and filed. 

     Planner, Austin Watkins, addressed the Board to present the request, advising the current proposal indicates a mixed-use development that includes office, retail, hotel and multi-family uses.  The requested PUD will allow for 250,000 square feet of OP and Target Industry uses and a 170-unit hotel.  An additional 65,000 square feet of OP, C-1 and Target Industry uses will be provided on the outparcels.  The applicant is requesting a maximum allowable building height of 110 feet for the entire property.  He further advised the P&Z Commission unanimously recommended approval and staff also recommends approval. 

     Charley Madden, representing the landowner (Rockefeller), addressed the Board to advise they agree with the staff’s recommendation and will answer any questions. 

     Attorney Steve Coover, representing the owner of the Westin project, addressed the Board to strongly speak in support of the rezoning, stating they have been working with the Rockefeller group to identify a site on the property in order to build an Embassy Hotel. 

     Matthew West, representing the Savannah Meridian Acquisition Group, addressed the Board to state they are in full support of the project and believe it is an appropriate use that will only benefit the International Parkway area.  He added that his client is in favor of increasing the height of the rooftops for the retail and office. 

     No one else spoke in support or in opposition. 

     Speaker Request Forms were received and filed. 

     District Commissioner Carey recommended approval, stating this is an excellent example of groups coming together.  She welcomed the Rockefeller group in doing their first project in Central Florida.   

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2008-20, as shown on page ________, granting rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) for 28.31 acres located at the northeast corner of the intersection of International Parkway and Wilson Road, as described in the proof of publication, RG Lake Mary, LLC/John Petricola; and approve the Preliminary Master Plan and Development Order, as shown on page _______, based on the staff findings. 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF AN ORDINANCE RE:

REMOVAL OF EVENT GENERATED DEBRIS

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider an Ordinance creating Part 5, of the Seminole County Code establishing the legal basis to exercise authority and legal responsibility to remove event generated debris from private property during the post-disaster environments for eligibility of FEMA assistance, received and filed. 

     Richard Meinert, Solid Waste Management, addressed the Board to present the proposed ordinance. 

     Upon inquiry by the Chairman, County Attorney, Robert McMillan, advised the County has the ability to clear any access roads (including going on private property) within the first 70 hours of an event without any agreement from any property owner. 

     Commissioner McLean asked if the County could acquire permission from property owners prior to a storm event. 

     Attorney McMillan stated he did not know why the County couldn’t. 

     Ms. Coto stated property ownership could change. 

     Chairman Carey suggested staff compile a list of all homeowners associations advising them of the new ordinance. 

     No one spoke in support or in opposition. 

     Motion by Commissioner Dallari, seconded by Commissioner McLean to adopt Ordinance #2008-21, as shown on page _______, creating Part 5 of the Seminole County Code, establishing the legal basis to exercise authority and legal responsibility to remove event generated debris from private property during the post-disaster environments for eligibility of FEMA assistance, as described in the proof of publication. 

     Districts 1, 2, 3 and 5 voted AYE. 

CONSIDERATION OF PUD MAJOR AMENDMENT

FOR RIVER RUN PUD, JAMES ROTH

 

     Proof of publication, as shown on page _______, calling for a public hearing to consider a PUD Major Amendment, Revised Final Master Plan and Addendum #2 to the River Run PUD Developer’s Commitment Agreement for 14.96 acres, located near the northeast corner of the intersection of SR 415 and SR 46, James Roth, received and filed. 

     Planner, Austin Watkins, presented the request, distributing a revised Addendum #2 and outlining the changes in same.  He advised the amendment will decrease the open space/recreation area from 31.24 acres to 28.68 acres, in order to increase the commercial/office, from 7.69 acres to 11.95 acres.  The developer proposes a condition with regard to the children’s playground to state that the playground will be on the east side of the PUD adjacent to the stormwater pond.  Also, proposed are a 46,047 square foot grocery store, 11,200 square feet of retail uses, and a 1.34 acre outparcel.  He further advised that the P&Z Commission unanimously recommended approval of the amendment and staff also recommends approval. 

     Attorney Steve Coover, representing the property owner and the applicant, stated they agree with the staff recommendations.  He said he lives in the area and he feels they need more commercial to service the residents. 

     Letter from Sanford Boat Works & Marina, Inc. in support of the request was received and filed. 

     No one else spoke in support or in opposition. 

     District Commissioner Carey recommended approval as presented by staff. 

     Motion by Commissioner McLean, seconded by Commissioner Dallari to approve PUD Major Amendment, Revised Final Master Plan and Addendum #2, as shown on page _______, as amended, to the River Run PUD Developer’s Commitment Agreement for 14.96 acres, located near the northeast corner of the intersection of SR 415 and SR 46, as described in the proof of publication, James Roth. 

     Districts 1, 2, 3 and 5 voted AYE. 

COMMUNICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed: 

 1.  Letter dated April 1, 2008 from Senator Mel Martinez to Chairman Brenda Carey re: Seminole County’s federal funding projects. 

 

 2.  Copy of letter dated April 10, 2008 from Nancy Crawford, Kids’ House, to Dr. David Medley re: County Child Protection Team contract. 

 

 3.  Parks Contract for services, as shown on page _______, dated April 14, 2008 for Nicholas Raviele.

 

 4.  Letter dated April 16, 2008 from Alda Rowe Pierce, President, Seminole County League of Women Voters, re: library concerns.

 

 5.  Letter dated April 17, 2008 from Turner Clayton, Jr., President, Seminole County NAACP, to Chairman Brenda Carey re: Annual Freedom and Awards Banquet.

 

 6.  Letter received April 21, 2008 from Mr. Mason Wharton to Chairman Carlton Henley re: complaints about Mullet Lake Park.

 

 7.  Letter dated April 22, 2008 from Keith Glatz, Florida Association of Public Purchasing Officers, Inc., to Chairman Brenda Carey re: Excellence in Public Procurement Awards Program.

 

 8.  Letter dated April 23, 2008 from Craig Radzak, Acting Deputy City Manager, City of Sanford, to Seminole County BCC re: temporary noise amnesty ordinance.

 

 9.  Copy of letter dated April 24, 2008 from Chairman Brenda Carey to Paul Polidoro, Associate General Counsel, Watchtower Bible and Tract Society of New York, Inc., re: Jehovah’s Witnesses.

 

10.  Letter dated April 24, 2008 from Diane Pickett Culpepper, Bright House Networks, to Chairman Brenda Carey re: changes in cable programming and increased speed for High Speed Internet Road Runner service.

 

11.  Copy of letter dated April 24, 2008 from Bryan Nipe, Streetscapes and Trails Manager, to Mason Wharton re: Mullet Lake Park.

 

12.  Copy of letter dated April 25, 2008 from Chairman Brenda Carey to Alda Rowe Pierce re: League of Women Voters’ library concerns.

 

13.  Letter dated April 27, 2008 from William Dennis to Chairman, Seminole County Commission, re: experience with the Seminole County Building Division of the Planning and Development Department.

 

14.  Memorandum dated April 29, 2008 from Beverly Winesburgh and Michael Towers, Wayne Densch Performing Arts Center, to the Board of County Commissioners re: Arts Funding.

 

15.  Letter dated April 30, 2008 from Harry Kwiatkowski to Seminole County Commissioners re: St. Johns River water withdrawal application.

 

ITEMS FOR FUTURE AGENDA – COMMISSION, STAFF OR CITIZENS

     Don Peterson, 3586 Canal Street, addressed the Board to complain about the airboat noise in and around Lake Jesup.  He stated the County ordinance is not being enforced.  The boat speed limit is being violated and no citations are being written.  He said random checks need to be more effective and more often; and fines should be $500 instead of $50.  He further said that he has had people shoot at his house and gators have been killed and nothing has been done.  He volunteered to erect speed limit signs if they are provided by the County.  He added that air boaters do not have to display the registration numbers on their rudders so it is difficult to report infractions to the Sheriff’s Office. 

     The Chairman asked staff to review and report back to the Board regarding restrictions on idle speeds within 150 feet of shore and gator poaching. 

     Speaker Comment Form was received and filed. 

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     Commissioner Dallari asked staff to give the Board an update on the Oviedo CRA. 

     Ms. Coto advised the County asked the City to submit a revised redevelopment plan and are still awaiting that.  She said the deadline was extended to June 30, 2008 by the BCC in March. 

     Commissioner Dallari stated it appears the City officials believe the County has all the necessary documents to move forward with this.  He asked that staff advise the City of what is needed by the County. 

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     There being no further business to come before the Board, the Chairman adjourned the meeting at 2:14 p.m., this same date. 

 

 

ATTEST:____________________Clerk___________________Chairman

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