BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
June 11, 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, June 11, 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)
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Absent:
Commissioner
Brenda Carey (District 5)
Chairman Dallari advised that Commissioner Carey will not be in
attendance as she had a death in the family and he asked that everyone keep her
and her family in their thoughts and prayers.
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Reverend
David Judd, St. Mark’s Presbyterian Church, Altamonte Springs, gave the Invocation.
Commissioner Constantine led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Motion by Commissioner Horan, seconded by Commissioner Henley to adopt
Proclamation, as shown on page ________, proclaiming June 15, 2013 as “World
Elder Abuse Awareness Day” in Seminole County.
Districts 1, 2, 3 and 4 voted AYE.
The Board
presented the Proclamation to Henry Scarfo, Committee on Aging, who addressed
the Board to express his appreciation.
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Chairman Dallari advised the Resolution commending Lyman High
School Boys Volleyball Team for winning the Statewide Championship
will not be presented today due to scheduling issues.
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Jim Hartmann, County Manager, stated it is obvious that soccer
is a big topic in Central Florida, and he feels it will be beneficial for the
BCC to hear about their presence in Seminole County and what they have recently
brought to this county.
Phil Rawlins, President of Orlando City Soccer Club, addressed
the Board to state he would like to explain to the Board the work that the
Soccer Club has been doing in trying to bring a major league soccer franchise to
Central Florida. He began by stating
that soccer is the number one participation sport in the United States. Soccer is the third best attended professional
sport in the country and the attendance regularly surpasses basketball and
hockey as well as being third behind baseball and football in this
country. He stated major league soccer
is on a very strong growth path across the country, and it is phenomenal that
they have the opportunity to bring a major league franchise to Central
Florida.
Mr.
Rawlins displayed a PowerPoint Presentation (not received and filed) and stated
that over 1,400 season ticket holders are residents of Seminole County. There are over 2,000 youth players and a vast
majority of them train and play at the Seminole Soccer Complex. The complex is the home of their pro team and
they train there every week. He continued reviewing the MLS Business Model and
explained what they are seeking to achieve regarding a downtown soccer facility. The Soccer Club has pledged this to be a
private/public partnership. They are committed
to put in well in excess of $100 million between the franchise and stadium and
committed to make this work in the community.
He reviewed the Economic Impact as it relates to Seminole County; the
ability to bring more teams in for Pre-season Training; Tournaments; Further
Impact of MLS by increasing their tournament involvement; increasing the
development of the Seminole Soccer Complex; developing more facilities as well
as tournaments associated with the complex; building a residential academy that
will provide schooling for boys and girls; the ability to manage both the Lake
Sylvan facility and the Seminole Soccer Complex, in bringing them together; and
installing artificial fields in Seminole County.
Commissioner Horan stated the economic benefits for having
soccer grow in Central Florida are pretty obvious to Seminole County. Seminole County has good soccer facilities
and those kinds of facilities are needed if they are going to have top-notch training. The Board requested a copy of the
presentation.
At the request of Commissioner Horan, Mr. Rawlins explained how
the residential academy aspect will work and who will be behind the development
of that.
Upon inquiry by Chairman Dallari, Mr. Rawlins advised the numbers
are based on the facts and figures of the tournaments that have been held so
far. The Soccer Club would love to work
with staff to develop a series of further tournaments and to ratify the
numbers.
Commissioner Henley stated he is looking forward to reviewing
this and being able to expound on who, when, how, etc. He stated he understands the potential effect
but he wants to get into the details of how it will benefit Seminole County
rather than competing with some of the things that they are already doing.
Commissioner Horan stated one thing that stimulates his interest
is the Soccer Club’s sponsorship that has already occurred this spring. The more concrete information concerning the
metrics of this kind of relationship will give the Board some idea of how they
can formulate an agreement.
Chairman Dallari requested that the County Manager and staff
work with the Orlando City Soccer Club to bring something back so that the
Board can see what the deal points are and how that would work. He asked that staff make sure that not only the
County profits from this, but also with heads-on-beds, the community does, so
they can clearly make a decision.
Commissioner Constantine stated the Central Florida community
has had a history of different professional sports saying they are bringing in
a franchise and then they leave after a couple of years. He stated Mr. Rawlins’ organization has
achieved success on and off the field.
He added very few professional sports have come into Central Florida and
have gotten to the point where there are others in the community trying to find
a balance of how they can achieve building Mr. Rawlins’ dream.
Upon inquiry by Chairman Dallari, Mr. Rawlins advised there are
a number of areas throughout the country that have very strong thriving youth and
tournament programs and facilities associated with MLS teams. He stated he will be happy to provide that
information.
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Chairman
Dallari recessed the BCC meeting at 9:55 a.m. and convened the U.S. 17-92
Community Redevelopment Agency meeting.
U.S. 17-92 CRA
Tom Tomerlin, Economic Development Acting Director, addressed
the Board to present request for approval of the U.S. 17-92 CRA Mini-Grant
Agreement with Pieces Furnishings by Consignment, LLC in the amount of $2,386
for new signage at the property located at 3590 North Highway 17-92. He stated staff is requesting approval of the
Budget Amendment Resolution (BAR) #13-091 providing funding from Contingency
Reserves for CRA Mini-Grants to Private Organizations.
Motion by Commissioner Henley, seconded by Commissioner Horan to approve
the U.S. 17-92 CRA Mini-Grant Agreement, as shown on page ________, with Pieces
Furnishings by Consignment, LLC in the amount of $2,386 for new signage at the
property located at 3590 North Highway 17-92; and approve the Budget Amendment
Resolution #2013-R-145, as shown on page ________, (BAR) #13-091 providing
funding from Contingency Reserves for CRA Mini-Grants to Private Organizations.
Districts 1, 2, 3 and 4 voted AYE.
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Commissioner Horan stated as the Board representative of the Redevelopment
Planning Agency (RPA), he would like to alert the Board that they are in the
process of examining the CRA process and where they are financially in terms of
the money they have in the fund and how they are going to apply that and how
they may be modifying the procedures.
Mr. Tomerlin stated staff is hoping to get that to the RPA this
month. He stated a detailed chronology
of what has happened since 1998 will also be provided.
Commissioner Horan stated they will be providing an analysis of what
is out there, what grants work, what procedures work and what doesn’t
work. He said that should be coming to
the BCC within the next couple of months.
Commissioner Henley stated the one thing he would like to know
is what progress, if any, has been made.
When the CRA was first created, the County became well aware that in
order to accomplish everything they would like to see up and down that
corridor, efforts had to be put forth to collect land and put it together. They can’t do what they need to do right now
as it cannot meet the codes with all the small lots, etc. in that area. There have been discussions over the years to
create a land bank in order to try to accumulate those properties as they
become available in order to be able to do something that needs to be
done. He stated over the years staff has
been urged to check and see what is available so the County can be put in a
position to be able to take advantage of those properties when they become
available. Staff was asked to contact
the property owners to see if they would be willing to work with the County
from the standpoint of infrastructure to develop that corridor. He said he would like to see staff become
aggressive in trying to put those properties together to be able to accomplish
something.
Chairman Dallari stated a study of the corridor was done a
couple of years ago and that study talked about the catalyst areas as well as
accumulating real estate to facilitate various assets.
Mr. Tomerlin stated the CRA is a partner in the Oxford Road
study, which is one of the three identified catalyst areas within the redevelopment
plan update. Staff is trying to put
together a scope of services for the master stormwater study and he believes
site assemblage might be a variable in that study as well.
Commissioner Horan stated the CRA allows up to $2 million a year
for actual purchase of land. Right now there
is a critical mass of dollars in the CRA funds that they can provide towards
that authorization if they can get the right partners. Property owners have expressed interest about
this particular item. He stated some
substantive things will be happening with the CRA that will be coming before
the Board and they will have some important decisions to make relative to the
master plan going forward.
Commissioner Henley stated several studies have been done over
the years that haven’t materialized in much.
Commissioner Horan stated the CRA will probably leverage on the
studies that have been done so far.
Commissioner Henley stated he wants to be sure that staff is
alert and they are seeking opportunities of moving forward with those
properties.
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Chairman Dallari adjourned the U.S. 17-92 CRA meeting at 10:12 a.m.
and reconvened the BCC meeting.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, stated staff is requesting that
Item 20, Approve Seminole County Tourism Lease with DRA/CPL Heathrow Orlando,
LLC, and Item #21, Adopt Resolution amending the Administrative Code relating
to Grants Management Policy, be pulled
and brought back at a later date.
Commissioner Constantine requested that Item #11, Adopt
Resolution changing the due date for payment of water and wastewater connection
fees, be pulled for a separate vote.
Chairman Dallari requested that Item #16, adopt a Resolution and
approve a Joint Participation Agreement with Florida Department of
Transportation for Soldiers Creek Stormwater Facility, be pulled for a separate vote.
Motion by Commissioner Horan, seconded by Commissioner Henley to
authorize and approve the following:
Community
Services
Business Office
4. Approve and authorize the Chairman
to execute the Corrective Mortgage Modification Agreement and Partial Release
of Mortgage Lien, as shown on page _______, for Boys Town of Central Florida located
in Oviedo, Florida, modifying the Mortgage instruments in order to comply with
provisions of the First Amendment to the SHIP/CDBG Subrecipient Agreement dated
June 27, 2005.
Community
Assistance Division
5. Approve and authorize the
Chairman to execute the Day Camp Provider Agreements, as shown on page _______,
with the City of Casselberry and City of Sanford which will provide a safe
environment and a quality experience for the children of Seminole County utilizing
grant funds.
Community
Development Division
6. Approve and authorize the
Chairman to execute the Seminole County Government HOME/CDBG Program Homeowner Rehabilitation
Agreement, as shown on page _______, with Reginald and Carrie Hill to reconstruct
their home due to damage from Tropical Storm Fay.
P.A.Y. Division
7. Approve and authorize the
Chairman to execute the First Amendment, as shown on page ________, to
Community Based Care of Central Florida Agreement (Year 3- Children's Mental
Health Grant) to carry over unobligated funds from year two to year three for continued
planning and implementation activities.
Economic &
Community Development Services
Planning &
Development Division
8. Adopt appropriate Resolution #2013-R-146,
as shown on page ________, vacating and abandoning the Northernmost 45.70 feet
of the Easterly 4.5 feet of the 7.5 foot platted Utility Easement on Lot 23, Block
E, Greenwood Lakes Unit 1, as recorded in the Public Records of Seminole County,
Florida, in Plat Book 21, Pages 17 though 19, more particularly known as 110
Erin Court; Rene’ V. Bowers, applicant.
9. Approve the Bella Foresta Replat
for four lots on property located on the south side of W. SR 46, approximately one-quarter
mile west of Longwood Markham Road; Taylor Morrison, applicant.
Environmental
Services
Business Office
10. Approve the Release of the
original Maintenance Bond for Water & Sewer Facilities (Bond #41226439) for
the project known as Howell Branch Cove in the amount of $46,242.10, Howell
Branch Cove, Ltd.
12. Approve the Partial Release of
the original Water & Sewer Improvements Cash Maintenance Bond with Escrow Agreement
for the project known as CDG Living (dba Pure Living at Heathrow) in the
remaining amount of $4,622.21, CDG Heathrow Ltd; and to approve the transfer of
$460.29 to the Water and Sewer revenue.
Leisure Services
Library Services
Division
13. Approve and authorize the
Chairman to execute the Entertainment Service Agreement, as shown on page ________,
with Creating Animal Respect Education Foundation, Inc. to provide children's programs
at the branch libraries as part of the Summer Reading Program.
Public Works
Engineering
Division
14. Approve Purchase Agreement, as
shown on page _______, for property located at 591 Lake Minnie Drive, Sanford,
Florida (Recovery House of Central Florida, Inc.) Parcel ID: 11-20-30-5AN-0000-0030,
John Hagan, and the establishment of a Recovery House property project
(00243106) to facilitate the purchase.
15. Approve and authorize the
Chairman to execute an Assignment and Amendment of a Locally Funded Agreement,
as shown on page ________, with the State of Florida Department of
Transportation and the City of Oviedo to assign, as amended, from the City to
the County, with the Department of Transportation remaining a party for the
funding ($4,500,000-City/$5,500,000-County) in conjunction with the State Road
426/County Road 419 Project. (FM #415030-2-43-01)
17. Adopt appropriate Resolution #2013-R-149,
as shown on page ________, and authorize the Chairman to execute a Local Agency
Program (LAP) Agreement Supplemental No. 1, as shown on page _________, with
the State of Florida Department of Transportation for the design of safety
improvements on County Road 46A (W. 25th Street) at Hartwell Avenue
and Ridgewood Avenue. (FDOT - FPN: 429585-1-38-01)
18. Adopt appropriate Resolution #2013-R-150,
as shown on page _________, and authorize the Chairman to execute a Subordination
of County Drainage Interests Agreement, as shown on page ________, with the
State of Florida Department of Transportation subordinating utility interests
and rights for property in conjunction with improvements to State Road 46 for
the Gateway Sidewalk Project. The subject parcel, identified by FDOT as Parcel
Number 826.4R, is located on the north side of State Road 46, east of North
Kennel Road and west of Rand Yard Road.
19. Adopt appropriate Resolution #2013-R-151,
as shown on page _________, and authorize the Chairman to execute a Locally Funded
Agreement, as shown on page ________, with the State of Florida Department of
Transportation for advanced right-of-way acquisition of total takings for Phase
2 of the State Road 426/County Road 419 Project (Pine Avenue to Avenue B); and
approve the Memorandum of Agreement, as shown on page ________, with the State
of Florida Department of Transportation and the State of Florida Department of
Financial Services Division of Treasury to provide for the establishment of an
interest bearing escrow account for the funds being advanced by the County.
(FDOT - Financial Management Number 415030-3-(4B/41/43/45)-01)
Fleet/Facilities
Division
20. Pulled from the agenda
request to approve the Seminole County Tourism Lease with DRA/CPL Heathrow Orlando,
LLC for office space located at 400 International Parkway, Lake Mary, FL.
Resource
Management
Business Office
21. Pulled from the agenda
request to adopt a Resolution amending Section 22.20 of the Administrative
Code to clarify the Grants Management Policy, streamline processes and to
remove language relative to the American Recovery and Reinvestment Act of 2009.
Budget and
Fiscal Management Division
22. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-152, as shown on page _________,
implementing Budget Amendment Request (BAR) #13-081 through the Water and Sewer
(Capital) Operating, Water Connection Fee, Sewer Connection Fee, Water and
Sewer Bonds (Series 2006), and Water and Sewer Bonds (Series 2010) Funds to
restructure and reallocate funding in FY 2012/13 for various Water and Sewer
Capital Projects, in the amount of $9,111,496.
23. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-153, as shown on page
________, implementing Budget Amendment Request (BAR) #13-085 through the Water
and Sewer Operating Fund to establish a grant revenue budget of $43,031, reduce
the operating budget $100,000 and increase the reserves by $143,031 for the
Low-Flow Toilet Rebate Program pursuant to the First Amendment to the Water
Conservation Cost-Share Agreement between the St. Johns River Water Management District
and Seminole County.
24. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-154, as shown on page
________, implementing Budget Amendment Request (BAR) #13-086, totaling
$250,000 in the Public Works Grant Fund and 2001 Infrastructure Sales Tax Fund
to recognize additional grant revenue and grant budget for the Red Bug Lake
Road Interchange project. The additional grant revenue will replace project
funding currently budgeted through the 2001 Infrastructure Sales Tax Fund which
will be returned to reserves.
25. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-155, as shown on page
________, implementing Budget Amendment Request (BAR) #13-087 through the
General and Tourist Development Funds to provide $7,400,000 for land
acquisition and an additional $1,400,000 for the future acquisition of the
adjacent property and expenses related to the design build process and other studies
for the Sports Complex project (#00234653), $100,000 for the Soldiers Creek
Renovation project and to establish the new Park Development family of
projects. Funding for these projects is being provided by the Land Acquisition
project (#00243101 - $4,600,000) and Tourist Development Fund reserves
($4,300,000).
26. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-156, as shown on page
________, implementing Budget Amendment Request (BAR) #13-088 in the amount of
$134,000 through the Solid Waste Fund for the Osceola Road Landfill Telemetry
System Project ($75,000) and replacement of a walking floor trailer (BCC #7256)
($59,000).
27. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-157, as shown on page
________, implementing Budget Amendment Request (BAR) #13-089 in the amount of
$76,550 through the Tank Inspection Fund (#00102) to facilitate reimbursement
of remaining fund balance of the Petroleum Storage Tanks Compliance Verification
Contract #GC684 to Florida Department of Environmental Protection.
28. Approve and authorize the
Chairman to execute appropriate Resolution #2013-R-158, as shown on page
________, implementing Budget Amendment Request (BAR) #13-090 through the
General Fund in the amount of $84,000 to provide funding for Enterprise
Information Assessment Services.
Purchasing &
Contracts Division
29. Award CC-8501-13/DRR, as shown on
page ________, Residential Reclaim Retrofit Phase III in the amount of $2,270,074
to Central Florida Environmental Corp. of Winter Springs, FL; and authorize the
Purchasing & Contracts Division to execute the Agreement.
30. Award RFP-601670-13/TLR, as shown
on page ________, Seminole County Medical Director to Todd M. Husty, DO PA,
Oviedo, in the amount of $662,511 for a three-year term, plus a not-to-exceed
amount of $12,000 annually for medical malpractice insurance; and authorize the
Purchasing & Contracts Division to execute the Agreement.
31. Award RFP-601636-13/TLR, as shown
on page ________, Online Legal Research Database Services to LexisNexis,
Miamisburg, OH, in the amount of $23,940 annually plus a not-to-exceed amount of
$1,000 annually for printed materials; and authorize the Purchasing &
Contracts Division to execute the agreement documents.
32. Award RFP-601686-13/GMG, as shown
on page ________, Term Contract for Household Hazardous Waste (HHW) Program
Services to Perma-Fix of South Georgia, Inc., Valdosta, Georgia (Primary
Contractor), and EQ Florida, Inc., Tampa (Secondary Contractor); and authorize
the Purchasing & Contracts Division to execute the agreements.
33. Approve the Single Source
Procurement SS-601733-13/BJC for OnBase Enterprise Integration and
Implementation Assessment with DataBank, Orlando; and
authorize the Purchasing & Contracts Division to execute the Purchase Order
in the amount of $83,655.
Districts 1, 2, 3 and 4 voted AYE.
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Request to approve a Resolution amending Section
20.45.F., Seminole County Administrative Code, to change the due date for payment
of water and/or wastewater connection fees to the time a certificate of
occupancy is issued, was presented.
Commissioner Constantine stated he believes
there was discussion at the last meeting as to whether they would require
payment of connections fees at the time of Certificate of Occupancy (CO). He stated he believes the vast majority of
the cities in Seminole County require payment during the time of permit
issuance. He said he also believes that
there is going to be carrying costs between that time and the time of CO. He added he feels it would be consistent if
the County does the same as it may save them some money.
Andy Neff, Environmental Services Director,
addressed the Board to state staff has found that most communities collect
impact or connections fees at building permit issuance. He said his personal recommendation is to do
it at building permit issuance.
Commissioner Constantine stated six of the
cities do it at the building permit issuance and the City of Oviedo collects
the fees during the plan’s approval.
Chairman Dallari stated he feels that it
makes sense to do it during the time of the CO as most of the infrastructure is
in place. He stated a lot of times it
takes 12 to 18 months from the time of the permit and the time of the CO to
actually move into the building and collect revenue. Therefore, he has no issue in waiting for the
time of the CO.
Commissioner Horan stated when a commercial
or multi-family development has to pay the impact fees at the building permit
issuance, there may a 18-month or 2-year carry time on
that, which is difficult for a developer or bank to work that money into their
draws. Therefore, that would work as a
financial disincentive. The relatively
short time difference between building permits and CO for single-family
developments does not result in a larger difference in terms of the time value
of the money. It does makes a sizable
difference when a longer time difference is taken into consideration as well as
the larger amounts that are involved in multi-family and commercial
projects. He stated he feels that doing
it at the time of the CO is the proper place for collecting the fees.
Commissioner Henley stated Seminole County
has touted itself as being a business-friendly government. The developers recognize the difference in
the way some municipalities and government do business. He added he doesn’t think it harms them to
attempt to work with the developers.
Commissioner Constantine stated when he saw
that the communities had a consistency, he felt he had to bring that up. He stated if the Board feels the CO for
impact fees is the right thing, he will defer to that.
Motion
by Commissioner Horan, seconded by Commissioner Henley to adopt appropriate
Resolution #2013-R-147, as shown on page ________, amending Section 20.45.F.,
Seminole County Administrative Code, to change the due date for payment of
water and/or wastewater connection fees to the time a Certificate of Occupancy is
issued.
Districts 1, 2, 3 and 4 voted AYE.
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Request to approve Resolution and Joint
Participation Agreement with the State of Florida Department of Transportation (FDOT)
for the Soldiers Creek at County Road 427 Regional Stormwater Facility (FDOT - Financial
Management Number 240196-2-58-01), was presented.
Chairman Dallari stated he will not be
supporting this item as he feels it is excessively expensive even though FDOT
is contributing funds as he believes there are other alternates. He said he believes it would be advantageous
for them to try to reach out to AquaFiber.
Motion
by Commissioner Horan, seconded by Commissioner Henley to adopt appropriate
Resolution #2013-R-148, as shown on page ________, and authorize the Chairman
to execute a Joint Participation Agreement, as shown on page ________, for the
Soldiers Creek at CR 427 Regional Stormwater Facility.
Districts 2, 3 and 4 voted AYE.
Commissioner Dallari voted NAY.
COUNTY ATTORNEY’S CONSENT AGENDA
At the request of
Commissioner Constantine, Bryant Applegate, County Attorney, briefly reviewed
request for Satisfaction of the Order of Judgment/Fine/Costs/Restitution and
issuance of County Deed to the City of Lake Mary pertaining to real property
located at 160 Lakeview Drive, Lake Mary.
Motion by Commissioner Constantine,
seconded by Commissioner Horan to approve and authorize the Chairman to execute
the Satisfaction of the Order of Judgment/Fine/Costs/Restitution,
as shown on page ________, William Mixon a/k/a William Cecil Mixon (Case
#85-2305 CFA); and authorize issuance of County Deed, as shown on page
________, to the City of Lake Mary pertaining to real
property located at 160 Lakeview Drive, Lake Mary.
Districts 1, 2, 3 and 4 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
CLERK’S REPORT
Motion by
Commissioner Henley, seconded by Commissioner Horan to approve and authorize
the following:
Clerk’s Office
35. Expenditure Approval Lists, as shown on
page _______, dated April 22 & 29, May 6, 13 & 20, 2013; and Payroll
Approval Lists, as shown on page _______, dated April 25 and May 4, 2013; approval
of the BCC Official Minutes dated April 23 and May 14, 2013; and noting, for
information only, the following Clerk's "Received and Filed":
1.
Certificates
of Authenticity, as shown on page ________, for Seminole County’s Big Tree “The
Senator” for The Nicholas Rambo Group; Ole General Store, LLC; Chainsaw
Designs, Inc.; and Patty Pratt Productions, LLC.
2.
PS-8047-12
Contracts, as shown on page ________, for Nodarse; Professional Services
Industries; Tierra, Inc.; and Universal Engineering Services, as approved by
the BCC on November 13, 2012.
3.
Change
Order #4, as shown on page _________, to CC-7661-12.
4.
Amendment
#5, as shown on page _________, to IFB-600844-10.
5.
Amendment
#3, as shown on page _________, to RFP-600729-09.
6.
Corrected
Resolution #2013-R-3, as shown on page _________, naming the Museum of Seminole
County History in honor of Lorraine Yarborough Whiting.
7.
Amendment
#2, as shown on page _________, to Work Order #1 to PS-7397-11.
8.
Development
Orders, as shown on page _________, as follows: #13-30000014, Gerald &
Barbara L. Adams variance; #13-30000007, Gerald & Donna Lewis variance;
#13-30000010, Tom & Caroline Gertz-Roberts variance; #13-30000008, Robert
& Gail Carson variance; #13-30000013, Lisa Kapp variances; #13-30000011,
Rainbow Group Home variance; #13-30000009, Mary Weisenbarger Trustee FBO
variances; and #13-32000002, Trinity Preparatory School of Florida, Inc.
Special Exception.
9.
Amendment
#1, as shown on page _________, to Work Order #41 to PS-4388-09.
10.
Memorandum
of Voting Conflict Form, as shown on page _________, from Commissioner Carlton
Henley relating to the Tourist Development Council Agenda Item II.c., funding
to the Red Raider Baseball Club.
11.
Recorded
Home Ownership Assistance Program Mortgage Deed, as shown on page _________,
for Rose Bud Roundtree a/k/a Rosebud Roundtree a/k/a Rose Bud Rountree a/k/a
Rosebud Rountree.
12.
Change
Order #1, as shown on page _________, to CC-7202-11.
13.
Change
Order #2, as shown on page _________, to CC-7694-12.
14.
Maintenance
and Escrow Agreement, as shown on page _________, in the amount of $2,216.80
for the project known as WaWa @ Alafaya & Carrigan.
15.
Maintenance
and Escrow Agreement, as shown on page _________, in the amount of $5,028.26
for the project known as Alafaya & Carrigan Infrastructure.
16.
Amendment
#3, as shown on page _________, to Work Order #73 to PS-1529-06.
17.
Work
Orders #14 and #15, as shown on page _________, to RFP-8312-12.
18.
Amendment
#4, as shown on page _________, to IFB-600464-08.
19.
CC-8545-13
Construction Services Agreement, as shown on page _________, Sherron Building
Services, Inc.
20.
Contract
for Services, as shown on page _________, for Maria V. Toledo.
21.
Tennis
Developmental Instructor Agreement, as shown on page _________, for Matthew
Gutkin.
22.
Memorandum
to BCC Records from Engineering submitting a Warranty Deed, as shown on page
_________, for the Fern Drive project.
23.
Work
Order #4, as shown on page _________, to PS-8072-12.
24.
Work
Order #54, as shown on page _________, to PS-4388-09.
25.
Work
Order #3, as shown on page _________, to PS-8072-12.
26.
Work
Order #1, as shown on page _________, to PS-8047-12.
27.
Letter,
as shown on page _______, to Angela Singleton, Budget and Fiscal Management
Division, from Daniel O’Keefe, Moore Stephens Lovelace, P.A., regarding
accounting requirements relating to financial treatment of private activity
bonds issued by an independent entity created by an interlocal agreement.
28.
Bond
Counsel Opinion Letter, as shown on page ________, from Nabors Giblin &
Nickerson to Seminole County Attorney Bryant Applegate relating to I-4
expansion.
29.
FDOT I-4
Expansion Project Information, as shown on page ________, submitted by the
County Attorney’s office.
30.
Letter
to County Commission Records from Judith Eckenroth, Tax Deed Clerk, submitting
a list of Lands Available for taxes from the tax deed sale on April 25, 2013.
31.
First
Amendment, as shown on page _________, to IFB-601295-11.
32.
Recorded
Home Ownership Rehabilitation Assistance Program Corrective Mortgage Deed, as
shown on page _________, for Emily Williams.
33.
Recorded
Special Warranty Deed, as shown on page _________, for Miller Construction
Services, LLC.
34.
Fourth
Amendment, as shown on page _________, to Litigation Consultant Services
Agreement, Allied Veterans of the World, Inc. v. Seminole County, with
Gerson, Preston, Robinson & Company, P.A.
35.
Work
Order #5, as shown on page _________, to PS-6865-11.
36.
Work
Orders #17, #18, #19, #20 & #21, as shown on page _________, to
RFP-8312-12.
37.
Amendment
#7, as shown on page _________, to Work Order #1 to PS-2144-07.
38.
Work
Orders #28 & #29, as shown on page _________, to PS-2564-07.
39.
Work
Order #52, as shown on page _________, to PS-4388-09.
40.
Closeout,
as shown on page _________, for Work Order #28 to CC-2183-07.
41.
Tennis
Developmental Instructor Agreements, as shown on page _________, for Hannah
Harkins; Sheryl Rivas; and Geojun Wu.
42.
Contracts
for Services, as shown on page _________, for Troy Duzant; James Peters and
Rebecca Ransom.
43.
Bill of
Sale, as shown on page _________, accepting Off-Site Sewer System for the
project known as Alafaya & Carrigan Infrastructure.
44.
Bill of
Sale and Utility Easement, as shown on page _________, accepting Potable and
Reclaimed Water systems for the project known as WaWa – Alafaya & Carrigan.
45.
Release
of lien, as shown on page _________, for Case #10-91-CEB, Suzanne J. Zimmerman
(previous owner), Federal National Mortgage Association (current owner), as
approved by the BCC on February 26, 2013.
46.
Change
Order #1, as shown on page _________, to Work Order #14 to CC-5075-10.
47.
Change
Order #1, as shown on page _________, to Work Order #16 to CC-5075-10.
48.
Change
Order #1, as shown on page _________, to Work Order #82 to CC-1284-06.
49.
Change
Order #1, as shown on page _________, to CC-8545-13.
50.
Cash
Maintenance Bond with Escrow Agreement, as shown on page _________, for the
project known as Value Pawn in the amount of $540.
51.
Maintenance
Bond, as shown on page _________, for Water and Sewer Facilities in the amount
of $33,579.02 for the project known as Versailles.
52.
Work
Order #11, as shown on page _________, to PS-4736-09.
53.
Change
Order #1, as shown on page _________, to RFP-7760-12.
54.
Work
Order #22, as shown on page _________, to RFP-8312-12.
55.
First
Amendment, as shown on page _________, to IFB-600613-09.
56.
Work
Order #32, as shown on page _________, to PS-2249-07.
57.
Work
Order #8, as shown on page _________, to PS-1666-07.
58.
Amendment
#1, as shown on page _________, to Work Order #27 to PS-2564-07.
59.
Amendment
#2, as shown on page _________, to Work Order #44 to PS-4388-09.
60.
Amendment
#2, as shown on page _________, to Work Order #57 to PS-1529-06.
61.
Closeouts,
as shown on page _________, for Work Orders #47, #48 & #49 to CC-2184-07.
62.
Seminole
Work Opportunity Program (SWOP) Agreement, as shown on page _________, The
Kathleen Anderson Comprehensive Work Center, Inc. for a $95,000 collateralized
loan, as approved by the BCC on April 9, 2013.
63.
First
Amendments, as shown on page _________, to PS-8047-12 for Nodarse and Universal
Engineering.
64.
Development
Orders, as shown on page _________, as follows:
#13-32000003, Seminole County BCC; #13-30000016, Arshad & Azra
Mehmood; #13-30000015, Robert J. & Susan A. Wray; #13-30000033, Elmer &
Christina Nieves; #13-30000027, Tina Owens Life Estate (Ronnie Owens et al);
#13-30000025, Brian K. Wilson & Julie H. Mulchler; #13-30000022, Mary L. Mulvie; #13-30000021, Aaron M. Shaw; #13-30000020, Jean R.
Hogshead; #13-30000019, Michael & Jessica Perdomo; #13-30000018, Juan R.
Jr. & Sugeily Ruiz; and #13-30000017, Branden W. Thornton.
65.
Maintenance
Bond, as shown on page _________, for Water & Sewer Facilities in the
amount of $43,661 for the project known as Enclave at Aloma.
66.
Work
Order #59, as shown on page _________, to RFP-5465-10.
67.
Amendment
#3, as shown on page _________, to Work Order #37 to PS-4906-09.
68.
Amendment
#1, as shown on page ________, to Work Order #38 to PS-4388-09.
69.
Amendments
#4, as shown on page _________, to CC-5544-10, JCB Construction and Briar Team.
70.
Copy of
rerecorded Drainage Easement, as shown on page _________, per Resolution
#2001-R-214 vacating and abandoning right-of-way on behalf of Dennis Marchesano
on November 27, 2001.
71.
Seminole
County Water and Sewer Fund Special Purpose Financial Statements for years
ended September 30, 2012 and 2011, prepared by Moore Stephens Lovelace, P.A.
72.
Amendment
#3, as shown on page _________, to Work Order #44 to PS-4388-09.
73.
Fourth
Amendment, as shown on page _________, to IFB-601114-11.
74.
First
Amendment, as shown on page _________, to Customer Agreement for Reclaimed
Water Rates and Reclaimed Water Flow, Distribution, Delivery and Spray Easement
for Colonial Grand at Lake Mary Phase 2a.
75.
Bill of
Sale, as shown on page _________, accepting water and sewer systems for the
project known as Enclave at Aloma.
76.
Development
Order #04-30000016, as shown on page _________, James Simmons variances.
77.
Work
Order #41, as shown on page _________, to PS-3914-08.
78.
Amendment
#1, as shown on page _________, to Work Order #1 to PS-5738-10.
79.
E-Mail
from Noranne Downs, FDOT District 5 Secretary, informing Undisclosed Recipients
of the FDOT Public Information Meeting relating to the Wekiva Parkway Section 8
Design-Build Project.
80.
Amendment
#2, as shown on page _________, to PS-2564-07.
81.
Work
Order #1, as shown on page _________, to PS-8054-12.
82.
Cash
Maintenance Bond with Escrow Agreement, as shown on page _________, in the
amount of $627 for the project known as WaWa Convenience Store.
83.
Work
Order #4, as shown on page _________, to PS-6487-11.
84.
Amendment
#1, as shown on page _________, to Work Order #8 to PS-2051-07.
85.
Bids as
follows: RFQ-601710-13; CC-8481-13;
CC-8501-13; IFB-601681-13; IFB-601692-13; IFB-601706-13; IFB-601732-13; and
RFQ-601712-13.
Districts 1, 2, 3 and 4 voted AYE.
REGULAR AGENDA
Tony Qualls, Chief Information Services Officer,
addressed the Board to present an update of additional information pertaining
to the proposed 5-Year PC Lifecycle Plan as requested by the BCC on March 12,
2013. He stated staff was asked to come
back with a more detailed business plan and the agenda shows a detailed plan of
the rollout of how they propose to focus on the worst of the worst in the initial
phase and then deploy them out over the next five years.
Motion by Commissioner Horan, seconded by
Commissioner Constantine to approve the proposed 5-Year PC Lifecycle Plan.
Under discussion and upon inquiry by
Chairman Dallari, Mr. Hartmann advised the funds are already available in a
reserve account. He stated staff has
created some equipment replacement reserves so they can ultimately get to a
point where they have smooth replacements and not have big spikes.
Districts 1, 2, 3 and 4 voted AYE.
-------
Angela Singleton, Resource Management,
addressed the Board to review the financial aspects and timeline and schedule
of the Sports Complex and Soldiers Creek.
Staff is recommending moving forward with Option 1, 30-year, $28 million
bond issue. Staff is also requesting the
Board to appoint a Senior Manager and two Co-Managers for the financing. The Board approved on October 26, 2010 five
firms to serve as authorized firms to provide investment banking services for a
term of five years. Those firms include: Citigroup Global Markets; Fifth Third
Securities; JP Morgan; Loop Capital Markets; and Raymond James. Historically, the Board has selected the
Senior Manager and Co-Managers on a rotation basis. It is the Board’s discretion to continue the
rotation or to make a selection on an issue by issue basis. This includes the underwriter allocation or
split.
Motion by
Commissioner Horan, seconded by Commissioner Henley to authorize staff to
proceed with a 30-year, $28 million bond issue for the Sports Complex and
Soldiers Creek projects.
Districts 1, 2, 3 and 4 voted AYE.
- - -
Bryant Applegate, County Attorney, presented
the Board with their business cards for the purpose of selecting an
underwriting team.
Upon inquiry by Commissioner Henley, Mr.
Hartmann advised the timeline that was submitted is for the balance of
2013.
The cards were given to Ms. Singleton and she noted the results as follows:
Commissioner
Dallari – Sr. Manager – Citigroup
Co-Managers – JP Morgan
- Raymond James
Commissioner
Horan - Sr. Manager - JP Morgan
Co-Managers - Raymond James
- Fifth Third
Commissioner Constantine
- Sr. Manager - Citigroup
Co-Managers
– Fifth Third
-
Raymond James
Commissioner
Henley - Sr. Manager - Citigroup
Co-Managers - JP Morgan
-
Fifth Third
Ms.
Singleton advised the ranking is as follows:
Senior Manager – Citigroup and Co-Managers - Fifth Third and Raymond
James. The business cards showing the
firms selected were received and filed.
Motion by Commissioner
Constantine, seconded by Commissioner Henley to accept the appointment of
Citigroup as Senior Manager, and Fifth Third and Raymond James as Co-Managers,
as the Underwriting team for the financing of the Sports Complex and Soldiers
Creek.
Districts
1, 2, 3 and 4 voted AYE.
- - -
Upon inquiry by Chairman Dallari, Gary
Akers, Financial Advisor, addressed the Board to state he would recommend 55%
for the Senior Manager and the balance divided between the two Co-Managers for
the fee structure.
Motion by Commissioner Henley,
seconded by Commissioner Horan to accept the Financial Advisor’s recommendation
of 55% for the Senior Manager and the balance be divided between the two Co-Managers
for the fee structure.
Districts
1, 2, 3 and 4 voted AYE.
-------
Rick Durr, Greenways and Natural Lands
Manager, addressed the Board to display a copy of the schedule (received and
filed) showing the upcoming milestones for the Sports Complex. He stated the design-build is in two stages:
first being qualifications and the second being a detailed proposal. That is something that staff can get started
with right away. The plan is to move
forward with the first stage of the RPF process in June. He stated the consultant report will show a
number of comparable facilities throughout the United States to help further
refine what the final scope of delivery is going to be on this project. That report is due back this week and staff
would like to schedule a workshop to review the results and show the Board how
those will tie into the final scope of services. That will be occurring while Stage 1 is out
on the street. By the time staff has
those details wrapped up, they will be able to move forward with Stage 2 in
late August.
Mr. Durr stated the items shown in green
on the schedule show a number of things that will come back to the Board
throughout the balance of this year. The
Board will be making the selection and ranking.
As part of the selection process, the firms will also provide a detailed
schedule on their anticipated time of completion. Staff is anticipating delivery of the entire
project and construction during the first quarter of 2015. Part of the selection process is for the
consultant to give the Board a refined timeline based upon their best price and
their best schedule of delivery. Once
the Board makes a decision, that selection will enter into contract
negotiations along with a notice to proceed around the beginning of January
2014.
Mr. Durr reviewed the timeline of the land acquisition process
relating to zoning and land-use changes, anticipated closing, and
negotiations. He concluded by reviewing the
Soldiers Creek process relating to the environmental study/survey, finalizing
development program and issuing RFP Stage 1.
Chairman Dallari stated he would like to see about putting the
RFP process for Soldiers Creek back into Stage 1. He stated they can have the first design
contractor, who is qualified to do the first piece, roll into the second
piece.
Mr. Durr stated staff hashed out trying
to determine if they have any advantage in starting both of those projects at
the same time. He stated because there
is a large lead time in the Soldiers Creek design and construction process,
there wasn’t significant advantage for moving it up and then doing the
environmental study.
Brett
Blackadar, County Engineer, addressed the Board to state the big challenge with
a design-build process is they have to give a price at the end of the design-build
process along with a proposal. The
challenge is the contractors will have a hard time giving a guaranteed price
when they can’t start construction for 1½ years. Staff felt that if that was done, the price
would be very high because it would take into account a lot of risks. With two separate RFP’s, the same contractor
may bid on both projects and may be awarded both projects, but there will be
two separate processes.
Ray
Hooper, Purchasing & Contracts Manager, addressed the Board to state staff
is using the same recommendation based on the success they have had on previous
projects. He stated the Board will see
the conceptual plans, 30% drawings and a price in October from the top three
choice firms. The price will be locked
in. The Board will make a decision, the selected
firm will receive a contract, and the other two firms will receive a $10,000
stipend bringing them up to the 30% drawings.
Upon
inquiry by Chairman Dallari, Mr. Hooper advised staff is doing a firm-fixed
design-build package. Discussion ensued.
Chairman
Dallari stated it is a hybrid program and he doesn’t believe that is the
direction they should be taking.
Regarding
the timeline, Commissioner Henley stated they are talking about a year and
seven months before construction is started.
He stated he would take the position to compress some of these items
wherever possible.
Chairman
Dallari stated a hybrid program would drag it out, and he would rather go back
to a true design-build bid.
Commissioner
Horan stated he feels selection of a first and second design-builder through a Consultants
Competitive Negotiation Act (CCNA) process will be faster. He stated he feels they are complicating the
process by using the hybrid process that has been used in the past.
Mr. Hooper
explained the RFP scheduling process.
Discussion ensued.
Chairman
Dallari stated he is not in favor of moving this the way staff is moving it
because they are creating more of a timeline than is needed. He stated he feels the true design-build
process will shorten this up and they will not have to have 30% documents from
three different teams.
Commissioner Horan stated he feels
having 30% documents from three different teams is a waste. He stated if they do a straight design-build
and select a design-builder within the next 45 days and they can have a design
criteria package, then the price can be negotiated with that particular design-builder. If they cannot negotiate a price, then they
go to the second team. He added he
doesn’t believe it makes sense paying for three sets of drawings when two of
them will not be used.
Commissioner
Henley stated there is no reason for three different designs if they develop
the specifications the County wants them to build to.
Joe Abel,
Leisure Services Director, addressed the Board to state staff can go with one
firm but in order to do that, they would have to have a very tight and specific
scope of services. When they get the
comparable report back and it says what they need to be looking at specifically
in the scope of services, they can start qualifying the firms and narrowing it
down to three. If the Board wants to go
with straight design-build, staff would need a very tight scope of services in
order to bring back the three top firms and that will take another month or so to
put that scope together.
Commissioner
Horan discussed a straight design-build process and stated this process can be
done way before this December. He stated
the problem with staff’s process is staff is infusing into it two or three different
steps that are not needed and are not designed under the CCNA statute.
Mr. Abel
stated staff has to get the specific scope of services.
Commissioner
Horan stated the only thing they need under a design-build process is a design
criteria package that gives the firms an idea of what the Board is talking
about. The firms will then provide staff
the ideas that are discussed in the comparables report. Staff is just using the particular project
delivery method because it leverages the outside expertise and provides the
design criteria package that otherwise staff would have to do on their own by going
out for a comparables report and everything that is built into this schedule.
Mr.
Hartmann suggested that the Board let staff bring back a schedule in two weeks
so that will comport more with what the Board is saying as well as pointing out
what the risks are and where the advantages are in doing that. The Board had no objections.
COUNTY MANAGER AND STAFF BRIEFINGS
Recommendation to appoint Mark Jacob,
Robert Kuhn, Brenda Hartsfield or Brian Edward Volk to the City of Sanford’s
Community Redevelopment Agency, was presented.
Chairman Dallari recommended appointing
Brian Edward Volk to the City of Sanford CRA.
Motion by Commissioner Henley, seconded by
Commissioner Horan to appoint Brian Edward Volk to the City of Sanford
Community Redevelopment Agency (CRA).
Districts 1, 2, 3 and 4 voted AYE.
-------
Chairman Dallari recessed the meeting at 11:02
a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Terri
Porter, who were present at the Opening Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Horan, seconded
by Commissioner Henley, to authorize the filing of the proofs of publication
for this meeting's scheduled public hearings into the Official Record.
Districts
1, 2, 3 and 4 voted AYE.
PUBLIC
HEARINGS
ORDINANCE/FIRE ALARM
CONTROL (Continued)
Proof of publication, as shown on page _______, calling for a
public hearing to consider adoption of an Ordinance to create a new section
within the Seminole County Code regulating fire alarm systems, received and
filed.
Chairman Dallari informed the Board that
staff requests the item be continued to the June 25 BCC meeting.
Motion by Commissioner Constantine,
seconded by Commissioner Horan, to continue to June 25, 2013 at 1:30 p.m. or as
soon thereafter as possible, the request to adopt an Ordinance creating a new
section within the Seminole County Code to regulate fire alarm systems in
unincorporated Seminole County and in all municipalities to which the Seminole
County Department of Public Safety, EMS/Fire/Rescue Division provides primary
fire services.
No
one spoke in support or in opposition of the continuance.
Districts
1, 2, 3 and 4 voted AYE.
FLORIDA AVENUE
RIGHT-OF-WAY
VACATE/Dwight Saathoff
Proof
of publication, as shown on page _______, calling for a public hearing to
consider a request to vacate and abandon a portion of the public right-of-way
known as Florida Avenue; approximately one-eighth mile north of SR 434 and west
of DeLeon Street; Dwight Saathoff,
received and filed.
Brian
Walker, Planning & Development Division, addressed the Board to advise that
the applicant has requested a continuance of the request.
Chairman
Dallari explained to Roberto Gaier, who submitted a
Speaker Request Form, received and filed, that the applicant requested a
continuance due to an unforeseen emergency.
No
one spoke in support or in opposition of the continuance.
Motion by Commissioner Horan, seconded
by Commissioner Constantine, to continue to June 25, 2013 at 1:30 p.m. or as
soon thereafter as possible, the request to vacate and abandon a portion of the
public right-of-way known as Florida Avenue; approximately one-eighth mile
north of SR 434 and west of DeLeon Street; Dwight Saathoff.
Districts
1, 2, 3 and 4 voted AYE.
DODD PROPERTY
REZONE, LAKESIDE ESTATES/
Hanover
Dodd Road, LLC
Proof
of publication, as shown on page _______, calling for a public hearing to
consider adoption of an Ordinance enacting a Rezone from A-1 (Agriculture) to
PD (Planned Development) for 29.87 acres located on the west side of Dodd Road,
approximately 0.25 mile north of Howell Branch Road, and approximately 0.50
mile south of Dike Road; Hanover Dodd Road, LLC, received and filed.
Cynthia
Sweet, Planning & Development Division, addressed the Board to present the
request as outlined in the agenda memorandum.
She advised the proposed Rezone is consistent with the Comprehensive
Plan and is compatible with the surrounding properties’ Future Land Use and
Zoning designation. Staff recommends
adoption of the Ordinance and approval of the associated Development Order and
the Amended Master Development Plan as requested by the applicant. Staff also requests that the report be made
part of the record along with copies of the letters of opposition (received and
filed) that were provided as handouts.
Major
Stacy, B&S Engineering, addressed the Board to state he is the Civil
Engineer and Planner on the project. He
advised the site is currently an agriculture facility with animal waste and
fertilizer directly entering the lake with no treatment. This lake-out falls directly to Bear Gully
Lake.
Mr. Stacy stated that
in the proposed conditions, a stormwater treatment system that is compliant
with all State and County regulations will be provided. In addition, they are adding a compensating
storage area that is not required by the Water Management District but is
required per County regulations. The
storage area will be planted with a mix of native grasses that will provide
additional filtration and a nice entry feature.
He explained that the shoreline adjacent to the lake is not vegetated
and provides no shoreline stabilization; therefore, a 25-foot easement will be
provided along the lake shore which will be planted with Florida native
grasses.
Mr.
Stacy further advised that staff approval has been obtained as well as
unanimous approval by the Planning & Zoning (P&Z) Commission. He said they met with residents after the
P&Z meeting and have agreed to modify the metal chain-link fence in the
plan to match the wall around the development.
Mr. Stacy concluded
stating there are several oak trees on the site, but they are not considered
pristine or landmark trees. He said some
are split close to the ground, they have not been maintained, and there is no
way to save the trees to meet State water-quality requirements because they
have to raise the site to provide stormwater attenuation and
pollution-abatement volume. They will be
replacing and planting landscape-quality trees within the buffer on site per
Seminole County Code requirements.
Wayne Baker, 3797
Kinsley Place, addressed the Board to state he is the Vice President of the
Homeowners’ Association (HOA) for the Bear Gully Bay subdivision. He said it is good to hear the developer is
going to modify the chain-link fence which would have been completely
incompatible with the surrounding neighborhoods to the north. He stated there is an oak tree that he
considers an iconic or landmark tree that is a spectacular example of a Florida
Live Oak. He said the trees are
well-established and have been there for decades, and he believes that after
their removal, they will not be replaced by anything of similar quality. He explained that a canopy was lost when Dodd
Road was straightened and widened, and the residents urge that the plan be
revised to include a greater density of canopy trees over that area.
Mr. Baker stated that
Dodd Road is a very busy road and the traffic issue needs to be addressed. There will be an injection of traffic from
that development onto Dodd Road and he said he thinks there have already been
two fatal accidents in the last three years.
Mr. Baker stated there
is no benefit to Seminole County by granting this request and believes that
revenue generated by the additional houses would be minimal.
Mr. Baker concluded his
remarks stating there has been no soil testing so the citizens have no
knowledge of whether they are at risk from any earth work that may cause
airborne hazardous materials or runoff that could damage both the lake and Bear
Gully Bay.
Nick Nunes, 7628 Lodge Pole Trail, addressed the Board to state
he is a 25-year resident of Winter Park.
He stated that it is sad to see so much natural beauty removed due to
increased housing developments. He encouraged
the Board members to visit the Dodd property to see the majestic, landmark
tree. He said in his opinion it would be
a tragedy if the tree is destroyed as part of the development project. He wondered why the tree couldn’t be saved
even if the development proceeds. Mr. Nunes said he feels that saving the tree would give young
families and their children a reminder in their own neighborhood of what old
Florida used to look like and give young children a lesson about caring for our
natural environment.
Larry A. Floyd, 1401
Dodd Road, addressed the Board to state he lives on 35 acres on Garden Lake and
the creek comes out of that lake and goes through their property. He said there was a dairy located there at
one time and the oak tree has been there for probably 100 years. They also own the island on the lake which
has a bobcat, a turkey, and otters. He
has been swimming in the lake since he was six years old. He explained that the pollutant he is
concerned with is from the cattle dipping which was done until the 1940’s. He also mentioned there is a muck pocket that
is 20-feet deep by the big oak and he doesn’t know what they will do about
that. Mr. Floyd stated he knows development
is necessary, but he would hate to see something like this tree have to go.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
At
the request of Chairman Dallari, Tina Williamson, Planning & Development
Manager, addressed the Board to review some of the citizens’ concerns including
the landmark tree. He stated he has seen
the tree and that it is significant; however, he is not aware of the quality of
the tree because he has not been up close to it. Upon inquiry by Chairman Dallari, Ms.
Williamson explained that at the time the subdivision is done, all the trees
have to be evaluated and shown on a tree survey, then the applicant has to
submit an arbor permit. They have to
replace any trees that are removed based on the size of the tree - the width in
inches at breast height. Ms. Williamson
advised there is no requirement to protect a tree of significant size other
than if they are taken out, they must be replaced with a certain number of
inches per inches removed. Ms.
Williamson then confirmed that the soil testing will be done at a later date,
during the engineering stage, and that the commitment from the Development
Order is there are no motorized boats permitted on the lake.
Commissioner
Horan confirmed with Ms. Williamson that the name of the lake is Garden Lake
and there is already a subdivision to the north called Garden Lake
Estates. Ms. Williamson stated she is
not aware whether the HOA has any kind of rights to the lake or has any dock
located there. Commissioner Horan said
he noticed a question was raised at the P&Z meeting whether there would be
some kind of requirement of the developer to participate in the maintenance of
the lake, and the applicant’s representative has already indicated that through
the stormwater engineering that is going to be done for this project, the
outflow from Garden Lake into Bear Gully should be improved. He questioned whether there is something that
requires additional maintenance of the lake shore. Ms. Williamson stated there is a buffer that
is required and it is supposed to be a natural buffer from the wetland
area. He confirmed that the engineering
requirements concerning outflow do not have anything to do with the Development
Order (D.O.) right now and Ms. Williamson confirmed the D.O. is just for
entitlements.
Chairman
Dallari summarized that the saving of the large tree and the runoff or the
retention will be dealt with at the site plan approval stage.
Commissioner
Constantine questioned whether the applicant had ever indicated what they
intended to do with the large tree. Ms.
Williamson replied that it was stated at the P&Z meeting that due to the
preliminary engineering requirements that they looked at, they would have to
bring in fill on the site and that the tree would be removed.
District
Commissioner Dallari recommended approval based on staff’s recommendation.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to adopt Ordinance #2013-19, as shown on page _______,
enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and
authorize the Chairman to execute the associated Development Order, as shown on
page _______, and Master Development Plan, for 29.87 acres located on the west
side of Dodd Road, approximately 0.25 mile north of Howell Branch Road, and
approximately 0.50 mile south of Dike Road; as described in the proof of
publication, Hanover Dodd Road, LLC.
Under
discussion, Commissioner Constantine opined that the rezoning seems to be
appropriate, but he would very much hope that when the site plan is brought
forward, the applicant will have done everything in their power to protect and
save that tree.
Chairman
Dallari agreed and recommended to staff that they try to do everything
financially possible to try to save trees of that significant size.
Districts
1, 2, 3 and 4 voted AYE.
MERRITT STREET
(CITY PARK) REZONE/
Foundation
Capital Resources, Inc.
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of
an Ordinance enacting a Rezone from R-1 (Single-Family Dwelling) to PD (Planned
Development) for 21.29 acres located on the northwest corner of Merritt Street
and Ford Drive, approximately 0.50 mile north of SR 436, and approximately 0.25
mile east of Ronald Reagan Boulevard; Foundation Capital Resources, Inc.,
received and filed.
Cynthia
Sweet, Planning & Development Division, presented the request as outlined
in the agenda memorandum. She advised
the property is presently developed as a church and the applicant proposes to
redevelop the property with its primary use as multi-family, residential
consisting of 159 rental units with secondary uses for retail sales, office and
ancillary commercial uses. Phase 1 will
include a clubhouse and fitness center, picnic area, playfields and a
playground. Phase 2 will include a
preserved wooded area.
Ms.
Sweet advised that the proposed development meets the Energy Conservation
Overlay performance criteria and is consistent with Policy FLU 5.17. Staff finds that the proposed Rezone is
consistent with the Comprehensive Plan and is compatible with the surrounding
properties Future Land Use and Zoning designation. Staff recommends adoption of the Ordinance
and approval of the associated Development Order and the Master Development
Plan as requested by the applicant.
Staff also requests that the report be made part of the record along
with petitions and copies of the letters of opposition, as shown on page
_______, that were provided as handouts.
Commissioner
Constantine advised that he will recuse himself from voting having been under
retainer with Picerne Development for a number of
years working on affordable housing throughout the State of Florida.
Attorney
Heather Himes, Akerman Senterfitt
Law Firm, addressed the Board to state she is representing the applicant, Picerne Development Corporation of Florida. She explained that their client is the
contract purchaser of the property and the property owner, Foundation Capital
Resources, also has a representative in attendance to address any questions the
Board may have. She advised that their
client and the property owner concur with the staff report and the proposed
conditions contained in the proposed Ordinance and Development Agreement.
Ms.
Himes briefly spoke about the history of Picerne
Development and stated that even after the property is developed, Picerne remains an equity shareholder in the property, so
they have a significant interest in the quality and maintenance of the
property.
Ms. Himes stated that
rezoning is appropriate and meets the intent of the zoning category which is
intended to facilitate development concepts such as transit-oriented and infill
redevelopment. She also stated that the
proposed development is within walking distance of the SunRail station, and the
community amenities and crime prevention strategies will result in greater
benefits to the County.
Ms. Himes stated that
the applicant held a community meeting.
The attendees made inquiries and had many questions but no specific
changes were requested to the development plan.
They received communication from CSX who requested a particular buffer
and the applicant has been in discussions with them. The type of sound wall has been increased as
opposed to the fence CSX was recommending and the buffer has been decreased by
a few feet.
Ms.
Himes advised that the tenant currently occupying the property is under a
14-month lease which terminates in January 2014. She further advised that Picerne
Development was under contract to purchase the property prior to the tenant
entering into the lease with the landlord and the tenant was made aware by the
broker and the landlord prior to entering into the lease that this property was
under contract and should the development program move forward, there was a substantial
likelihood that the lease would not be renewed.
Representatives
from Picerne Development as well as the property
owner, the engineer and the broker are in attendance to answer any questions
the Board may have.
A copy of Ms. Himes
summarized remarks was received and filed.
Bertha
Smith, 1180 Merritt Street, addressed the Board to indicate she does not want
to speak.
Alton Williams, 601
Plum Lane, addressed the Board to state he is in favor of the project and feels
it would be an asset to the community.
He opined that the project should have some type of HOA. He said he is a homeowner and has lived here
all his life.
Christine
Watkins, 639 Lake Mobile Drive, addressed the Board to state she is president
of South Seminole Community Association for Progress, Inc. She distributed the “We Kare
Action Plan,” received and filed. The
handout was displayed listing the 15 unincorporated subdivisions they represent
in East Altamonte Springs. She discussed
the bar graph depicting the results of surveys that had been distributed
throughout the community regarding Environmental Health issues. The final chart showed the rankings of major
problems plaguing the community and Ms. Watkins stated that one such major problem
is inadequate housing. She said that in
light of these surveys, South Seminole Community Association for Progress is in
support of the plan for redevelopment of Merritt Street Park in Altamonte
Springs.
Johnnie
Andrews, 980 Morse Street, addressed the Board to state they have over 10 established
churches in their community. Since the
church on Merritt Street is leasing for one year, she asked that the Board
approve the redevelopment on Merritt Street so they can have affordable housing
for their community.
Milton
Wilson, 2767 Grassmoor Loop, addressed the Board to
state he is the pastor of a church in Altamonte Springs and has been a resident
of the area for 51 years. He said there
are many pastors in attendance and they were not made aware of the project
until it got to this state. He requested
that the Board place the project on hold so they can come together and show
their concern about this church being torn down and this type of project coming
into their subdivision. He said they
have seen this happen in a number of areas and the developers are not concerned
about the people that live in the community; they are more concerned about the
dollar bill because they have the SunRail coming through there. He said that none of that money will be filtered
into that community that they make off this subdivision. He stated they do not have a housing problem
and they are lacking a spiritual connection in that community.
Tameria Manning, 106 Deer Song Drive, addressed the Board
to state the church is very significant and builds people. The church has a program that specifically
helps single parents. This church helps
people get back into college and get their lives straightened out. She said they also have free general
education and parenting classes.
Bishop
Preston Rolle, 444 Ford Drive, addressed the Board to state he has been a
pastor in Altamonte Springs for 52 years.
He said he feeds the hungry with the help of the Food Bank. The Food Bank uses the parking lot of the
church on the Merritt Street property.
He said he is against what is happening and was notified late that they
were going to have a development plan.
He stated they could build around the church rather than tear it
down.
Daleonarda Tippens, 1235 Merritt
Street, addressed the Board to state she is currently a member of the church
the developers are proposing to decimate.
She said that her daughter is going to college on a full scholarship and
it would not have been possible without the church. She said the church has been there for five
months and in that time, she has seen young men and women that come from the
streets that are maybe drug dealers, drug users, prostitutes, or homeless; and
because that church is in the position that it is in, it is a light to the
community. If it is removed, some hope
dies for some of those people that come into that church on a regular
basis. She said there are many other
properties in the community that are vacant, i.e. there are properties off of
CR 427 and William Street that are in desperate need of renovation and other
properties that are in direct access to SunRail. She also said that she did not know that
South Seminole Community Association for Progress even existed.
Barbara
Stevens, 1208 Merritt Street, addressed the Board to state she has been in the
area for 60+ years and is a member of the church on Merritt Street. She believes building more buildings will not
help the town. She said homes are on
both sides of Merritt Street and she doesn’t understand why they need to
rezone. She said she did not receive a
letter in regard to tearing down the church.
She believes that even if they build, people will not be able to move in
because half have been to jail or have no job and no credit. It will not benefit the people that live in
the area. She feels it should be left
just as it is.
Fonda
Williams, 5578 Metro West Boulevard, addressed the Board to state she is a
first grade teacher and a member of the church on Merritt Street, Times of
Refreshing Majesty Dream Center. She
briefly described a program that has been providing services to all grade
levels in the community for 18 years and she is currently a volunteer and the
director of tutoring. She said they
would also like to expose students to various careers to brighten their
horizons by having a career fair. She
cited the results of an assessment that was done on students in the area and
stated they have a lot of work to do in that community. They plan to have FCAT weeks and tutoring
services. She asked that they not tear
down the church and said they want to work alongside the community, teachers
and local government to build a stronger learning community and family
environment.
Wendy
Harmon, 215 Panorama Street, addressed the Board to state she is opposed to the
Merritt Street project. Her family home
has been located in Altamonte Springs for over 50 years. She said she and her family members only
became aware of what was going on until just recently. She said she was a statistic and through this
ministry located at 1130 Merritt Street, she can proudly say she is a mother of
six children. Her daughter graduated
from medical school and she has children on the honor roll. She feels the developers would like to gain
money but she is talking about saving lives.
She stated that building a community project will only create more crime
in the community because girlfriends get on low housing income and bring in
their drug-dealing and drug-using boyfriends.
She believes that some people from the South Seminole Project know this
but just want to gain money. She
reiterated that she and her family oppose the project.
Rosemary
Haggins, 1262 Pine Street, addressed the Board to
state she is against tearing down the church.
Her father was a minister and her mother is currently a minister. She attends church in Orlando but has
attended and volunteered at several of the churches mentioned today. She still has family in the community,
including a great grandmother in her 90’s.
Querida Walker, 973 Utica Street, addressed the Board to
state she recently moved back to Florida after living in Phoenix for 15 years,
but grew up in the neighborhood around Merritt Street. She has family that still resides there. Upon returning to the area, there were two
shootings within the first month and both happened to have been her
classmates. She said bringing 159 units
to the area would only increase the crime.
She feels the community does not need more homes and there are already
homes there that need improvement. She
thanked the Seminole County Police Department that patrols the area on a daily
basis. She stated there is a need for an
elementary school, and they could build around the church and provide an
elementary school so the children would not have to be bused elsewhere. She asked that they put people before profit.
LaWanza Williams, 1151 Pine Street, addressed the Board to
state she opposes the Merritt Street City Park rezone project. She stated her first reason for opposition is
tearing down a house of God. The church
is a place where the lost can go and be found, and a place where the sick can
go and leave healed. The church is also
a place to go and hear The Word and change a life forever. She also expressed her concerns with more
traffic being brought into the area and the safety of the children. She has a lot of family still in the area and
she does return to do community work.
She also feels that it will bring in residents that are not for the
community because over half of their community now will not be able to live
there because of their past histories.
This community has enough crime issues and they do not need more brought
into the area.
James
Miller, 3313 Kirkman Road, addressed the Board to
state he is a member of the Times of Refreshing Christian Worship Center. He said his background is in accounting but
he also had worked eight years as a bail bondsman before that. As a bail bondsman, they always went to
projects and low income apartment complexes.
He said in regard to low income housing, if it is good for Merritt Street,
then it should be good for the commissioners’ subdivisions. He then referred to a project in Sanford that
he thought was developed by Picerne Development that
recorded 39 offenses in 7 months. He
stated, “If you won’t tolerate it in your community, we ask that you don’t
tolerate it in ours.”
Sandra
Haynes, 2185 Glenlock Drive, addressed the Board to
state she currently pastors a church in Altamonte Springs. She said she came to stand along with Times
of Refreshing Christian Center to ask the Board to consider not tearing down
the church. She believes these churches
represent a hospital down the street from the hospital. She was born and raised in Altamonte Springs. She said she would like to see the proposed
development built and wants to see Altamonte Springs improve, but does not want
to see the church torn down.
Dr.
Sheila Spencer, 478 E. Altamonte Drive, addressed the Board to state she
represents the new church that has moved into the Merritt Street location. She said she has been in ministry for 27
years. She advised the church was
started the prior October with services in the Altamonte Hilton. When they outgrew that facility, she met with
the mayor several times. She explained
they have an in-house realtor that discovered the Merritt Street property was
for sale. During the process of meeting
with a bank broker, they looked online and could not find any activity
regarding the property. She said she had
no idea that a developer was going to tear down a church; she was told it is
client/privilege information. She then
talked about programs that had been developed over the years and the
recognition she has received. She said
they just need to be given the time to implement these programs. She stated they hired the Sheriff’s
department on Thursdays and Sundays to patrol the area to make the people feel
safe. She submitted an additional 75
petitions, as shown on page _______, into the record. She said that after speaking with many of the
older residents, they expressed concern that they may be forced out and the
project will only benefit people that do not currently live on Merritt
Street. She said she has a vision for
Altamonte Springs and a vision for the Merritt Street area.
Kesha Brown, 3349 Kirkman Road, addressed
the Board to state she is a volunteer at the Time of Refreshing Majesty Dream
Church. She stated they have a plan for
a daycare they would like to put in place.
They also have a program that is transformative for women where they can
learn how to get back on their feet. They
also had a chance to give away a car to a local college student. They are excited about being in the Altamonte
community and being able to make it a better, safer location.
Brian
Morse, 506 Peach Tree Lane, addressed the Board to state he grew up in the area
and it is full of crime. After
graduating from college, he moved away but moved back about two years ago. He said the area needs this church and that
there comes a point when profit has to end and it has to be about morals and
ethics, about what is best for the community.
He also stated that he received no letter in regard to the proposed
development and neither did his mother who also lives in the community. He suggested they tear down an old school
east of the church rather than the church.
He said it is not right to tear down a church that is helping people’s
lives to change.
TrayVaughan Pettaway, 335 Station Street, addressed the
Board to state he grew up in the area his whole life. He questioned the ultimate goal of the
project; what is it leading to.
Walter
Wright, 1230 Amanda Street, addressed the Board to state the church is a
lighthouse to the community and is trying to reverse the amount of crime in the
area and to be a positive impact on the lives of the people. He said it doesn’t make sense to tear down a
lighthouse in the time of storm.
James
Rolle, 444 Ford Drive, addressed the Board to state he was part of the
Apostolic Church of Jesus that came before the Board to speak about building
the church on Merritt Street. He spoke
about the retention pond and a lift station to improve the water system that
had been built that now this new developer doesn’t have to worry about. He said the church was also used to hold
funerals and they have some of the oldest people in the County with some of the
biggest families, and there is not a church that can hold these funerals, or
weddings, or anything of that nature. He
said the project is good, but they don’t need to tear down the church because
there are properties all over the area that are bigger.
Marcella
Jenkins, 1010 Blake Street, addressed the Board to state she has been in the
area all of her life. She stated that
she built a house on a property that her great, great grandfather bought 100
years ago. She has worked for Seminole
Behavioral Heathcare for 24 years and has worked in
the projects that the Federal government closed down. She wondered why the developer doesn’t
develop on Ronald Reagan Boulevard instead of Merritt Street where there is
also access to the SunRail. She feels
they will not just bring in housing, but stores and all kinds of real estate
that will take their community away. She
said they need a church that has said they have all kinds of programs to help
the community and they don’t need a developer.
She said the Federal government dictates that you cannot have a felony
to live in the proposed development and questioned how it would help their
community when the people in the community cannot live in it.
John
Woods, 612 Plum Lane, addressed the Board to state he is a pastor in Altamonte
Springs. He stated they have had five or
more killings in the last four years, and if they place low income housing in
their community, there will not be enough policemen to support them. He said to allow the low income housing will
bring more infestation of drugs, killings and prostitution. He said they are going to tear down a house
of God to build a monstrosity to add more evil to the neighborhood.
No
one else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Chairman
Dallari closed the public portion of the meeting and explained this is
quasi-judicial. He had a meeting with
the applicant about a week ago, but will base his decision on the testimony of
today.
Attorney
Heather Himes stated she wanted to address the nature of the property
owner. She explained the current
property owner is an entity that took back the property in a foreclosure
proceeding. It is a financial
institution that is made up primarily of pastoral retirement account
investments. The tenant did make an
offer to purchase the property but it was not accepted by the property
owner. Then her client stepped in and
made an offer and now has the property under contract. She also pointed out that not only does the
developer maintain an equity share in the property after it is developed, but
they are also a local company; their office is located in Altamonte
Springs. She also pointed out that this
is not Section 8 housing, not public housing, as many made reference to. It is affordable, workforce housing. There are income requirements for the
property. They do background checks on
every tenant that makes application. The
applicants are not allowed to have any misdemeanors or felonies for the last
seven years and they are not allowed to ever have had a drug or
sexually-related offense in their criminal record or they will not be allowed
to rent from the property.
Upon
inquiry by Commissioner Dallari, Ms. Himes stated that affordable housing is
workforce housing. When she asked the
client what their typical tenants are, they said that in the Orlando market
their primary tenants are service-oriented employees who make a living wage but
not enough to afford to purchase their own homes. They are also employees of retail
establishments.
Ms.
Himes stated that someone referenced that their client does not have a concern
about the residents and its communities.
Picerne Development makes an effort to invest
in its community with after-school programs, which is part of the reason they
ask for neighborhood commercial accessory uses as part of their planned
development because after-school programs are not considered part of a
residential use. They also work with
local non-profits to develop relationships and bring services into their
community that are appropriate for the types of residents in the
community. They also employ courtesy
officers to assist with any type of incidents on the property.
Jorge
Aguirre, Picerne Development, addressed the Board to answer
Commissioner Henley’s question regarding price.
He said they are proposing two and three bedroom units with rents
ranging from $390 per month up to $830 per month.
Commissioner
Horan stated he has had ex parte communications with Mr. Aguirre and Erik Haverson, Picerne Development,
last week to discuss the project. He
also received a number of communications from the community, but he will be
making his decision based upon the evidence that is being submitted at the
hearing today.
Upon
inquiry by Commissioner Horan, Mr. Aguirre stated that the majority of their
communities and all of their new-construction communities feature a clubhouse
that has on-site management offices, computer labs, a gym, a library, a
clubroom with a mini-kitchen, and on-site management staff. Where they are able, they have management
team members living on site.
Upon
Commissioner Henley’s request, Mr. Aguirre touched briefly on some issues that
had been raised. In regard to
notifications, staff sent out the notices per the County’s regulations to
property owners within the required radiuses of the proposed development. He addressed the comments made about the
company’s motives and stated they are a for-profit organization based in the
area. They try to do a lot for the
residents and their children and cited after-school programs, a program where
they give backpacks and school supplies to the residents before the school year
starts, a quarterly program for monetary awards for good grades, and toy drives
every Christmas for the residents. He
said they share in the concerns of the people and they try to do their best to
provide a safe home and environment; to go above and beyond just providing a
roof that is affordable.
District
Commissioner Henley stated he would like to comment before his recommendation
especially since a number of people who spoke mentioned the fact that he was
their high school principal. He said he
worked in the south end for approximately 40 years. He has been going through that neighborhood
every week since 1963 and is very familiar with it. He said there has been crime in the area
without a doubt, and he wants to applaud Mr. and Mrs. Snead for their efforts
because he has met with the South Seminole Community Association for Progress
for many years. He has attended meetings
with them and the Sheriff, because they meet regularly and have for a long
time. The Sheriff always has a
representative in the meetings and the County has had a staff person in most of
those meetings. The County has tried to
work with the community on the results of their surveys to make
improvements. The Board last year
appropriated more than $100,000 to install lighting and sidewalks and to
improve the park. The work is not
finished yet, but they are sensitive to the problems in that community. He said that every one of the commissioners
would whole-heartedly agree with all whom have testified as to the value of a
church within the community. He attended
a church for 14 years that is not far from the Merritt Street church, and was in
that church when he attended and spoke on a previous occasion.
Commissioner
Henley reminded the citizens that the demolition of the church is not the issue
before the Board today, but just a request to rezone a piece of land and to put
a development on that land. The Board
could turn down the request and the owner can still tear the building
down. Commissioner Henley said there is
almost 22 acres there and the decision by the owner could be to leave the
building there and still try to build, but that is not before the Board. The owner determines whether the building is
demolished, not the Board.
Commissioner
Henley said that many today have called the church building a lighthouse. His bible tells him that all who have
accepted Christ are to be a lighthouse and that God resides within the heart of
those that accept Christ, not in a building.
A church is composed of the people who attend and who believe. A building is not the church; it is a place
where the church meets.
Commissioner
Henley said he does not remember a new building being built in that area in the
last 30 to 40 years. He stated that when
going through the area, he sees only one lot with a “For Sale” sign on it. It was questioned today why they don’t build on
another lot and Commissioner Henley stated that there has not been land for
sale in that neighborhood. He explained
when the Board entered into partnership with the Florida Department of
Transportation (FDOT) and the counties to build SunRail; it was billed because
it can bring this type of development.
He stated there will be more of them because this type of development
will increase the value of all the land there.
Commissioner
Henley said this church of believers can continue and people in churches can
relocate. He asked that people keep in
mind that the good work that they heard testimony here can continue to go on,
maybe even in some of the buildings that are going to be built with meeting
space.
Commissioner
Henley explained that what is before the Board today is a request to rezone a
piece of land which the developer has every right to ask. And as they heard from staff, what is being
proposed here is compatible with the Future Land Use designation that exists on
that land and it is compatible with the Comprehensive Plan. The Board cannot arbitrarily say they cannot
do it; it is not within their power.
What is within their power is to approve or disapprove the request
before them which is for a Rezone.
Commissioner Henley
stated he firmly believes in the value of the church in a community. He said he believes this proposed development
can go a long way in helping to resolve some of the problems that plague the
neighborhood with the amenities that they are going to be providing. He said there are still a lot of improvements
that are needed in that particular area of the County and they have been needed
for a long time. He concluded stating he
hopes that many of the people would begin to associate with the South Seminole
Community Association for improvement and progress and to work together to make
it a better place to live and to work and to play.
Motion
by Commissioner Henley, seconded by Commissioner Horan, to adopt Ordinance
#2013-20, as shown on page _______, enacting a Rezone from R-1 (Single-Family
Dwelling) to PD (Planned Development); and authorize the Chairman to execute
the associated Development Order, as shown on page _______, and Master
Development Plan for 21.29 acres located on the northwest corner of Merritt
Street and Ford Drive, approximately 0.50 mile north of SR 436, and
approximately 0.25 mile east of Ronald Reagan Boulevard, also further described
as 1130 Merritt Street, Altamonte Springs; as described in the proof of
publication, Foundation Capital Resources, Inc.
Under discussion,
Commissioner Horan explained the Board is acting in a quasi-judicial
capacity. He explained that the proposal
is to redevelop the property as a multi-family, residential development, as
indicated by the development report, that has secondary uses for retail space,
office space and other ancillary commercial uses. The secondary uses are also permitted in the
zoning and land use classification. The
staff finds that this rezoning should be granted because it is consistent with
the legal standards. He stated he will
incorporate by reference these 13 findings of fact and will be voting for the
adoption of the Ordinance and Rezoning.
Commissioner Horan said
he hears from the community and understands where they are coming from. He said when he spoke with the developer,
they also talked about as Commissioner, he is liaison to the Boys and Girls
Club of Seminole County, which the East Altamonte Club is located about
one-fourth mile south of the proposed project.
The building is owned by the County and leased for a nominal amount per
year to the Boys and Girls Club. He said
he talked with the developer’s representatives about programs and support for
community programs like the Boys and Girls Clubs in the area. He stated that the community should be very
proud of that particular Boys and Girls Club, because out of that club came the
Member of the Year, Lastacia Upshur. He said if it were
in his legal power to figure out a way for the church to exist and the
developer’s legal rights to be reconciled, he would do it. He concluded stating that they are trying to
address a lot of the problems that the residents spoke about. He asked that the people continue to act in
their communities to address the issues and he will work with the Board to
address those as well.
Commissioner
Constantine abstained from voting and filed a Memorandum of Voting Conflict
Form, as shown on page _______.
Districts 1, 2 and 4
voted AYE.
COLONIAL
TOWNPARK PD
MAJOR AMENDMENT
AND REZONE/
Colonial
Realty, LP
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of
an Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned
Development) to accomplish a Major Amendment to the Colonial Townpark PD which would remove 6.3 acres from the existing
PD, for property located on the east side of International Parkway,
approximately one-half mile north of CR 46A; Colonial Realty, LP, received and
filed.
Brian Walker, Planning
& Development Division, stated the applicant is requesting a continuation
of the item to the July 23, 2013 meeting.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to continue to July 23,
2013 at 1:30 p.m. or as soon thereafter as possible, the request to adopt an Ordinance
enacting a Rezone from PD (Planned Development) to PD (Planned Development) to
accomplish a Major Amendment to the Colonial Townpark
PD which would remove 6.3 acres from the existing PD, for property located on
the east side of International Parkway, approximately one-half mile north of CR
46A; as described in the proof of publication, Colonial Realty, LP.
No
one spoke in support or in opposition of the continuance.
Districts
1, 2, 3 and 4 voted AYE.
COLONIAL VILLAGE
AT TOWNPARK REZONE
Colonial
Realty, LP
Proof of publication,
as shown on page _______, calling for a public hearing to consider adoption of
an Ordinance enacting a Rezone from PD (Planned Development) and A-1
(Agriculture) to PD (Planned Development) for 25.21 acres located on the east
side of International Parkway, approximately one-half mile north of CR 46A
(Z2013-12); Colonial Realty, LP, received and filed.
Brian Walker, Planning
& Development Division, stated the applicant is requesting a continuation
of the item to the July 23, 2013 meeting.
Motion
by Commissioner Constantine, seconded by Commissioner Horan, to continue to July
23, 2013 at 1:30 p.m. or as soon thereafter as possible, the request to adopt
an Ordinance enacting a Rezone from PD (Planned Development) and A-1
(Agriculture) to PD (Planned Development) for 25.21 acres located on the east
side of International Parkway, approximately one-half mile north of CR 46A; as
described in the proof of publication, Colonial Realty, LP.
No
one spoke in support or in opposition of the continuance.
Districts
1, 2, 3 and 4 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Dallari stated he wanted to ensure there was support to have a work session
regarding AquaFiber Technologies Corp. In order to have
the work session prior to any final budget acceptance, he said he feels it
would be appropriate to have it in the July timeframe. The Board voiced no objections. He
requested that County Manager Mr. Hartmann make the arrangements.
Commissioner
Constantine confirmed with Chairman Dallari that the AquaFiber work session will not be solely based on Lake
Jesup because the process can be used anywhere.
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Chairman
Dallari reported that Commissioner Brenda Carey was not in attendance today due
to a death in the family, and he stated their thoughts and prayers are with her
and her family.
COMMUNICATIONS
AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Letter
dated May 6, 2013, from Noranne Downs, Florida Department of Transportation, to
Chairman Robert Dallari RE: Funding of the State Road 46 Widening Project from Mellonville Avenue to State Road 415 (FM#240216-2).
2.
Letter
with attachment dated May 9, 2013, from Blanche Sherman, LYNX, to Chairman
Robert Dallari RE: LYNX Quarterly Reports as of March 31, 2013.
3.
Letter
with attachment dated May 13, 2013, from Father Steven Boes,
Boys Town, to Chairman Robert Dallari RE: 2012 Annual Report and appreciation
for financial support.
4.
Copy of
letter dated May 14, 2013, from Chairman Robert Dallari to Secretary Raymond
LaHood, U.S. Department of Transportation, RE:
Seminole County’s pledge to support a TIGER V Grant Application for the Sanford
RiverWalk, Phase III, Project.
5.
Letter
dated May 14, 2013, from Christina Stallings, Seminole County Public Schools
Foundation, to Board of County Commissioners RE: Appreciation for award of
$3,840 and their support. (C: BCC, County Manager, Resource Management)
6.
Letter
dated May 15, 2013, from Colonel Joe Nardo, USMC
(retired), Oviedo High School Navy JROTC, to Chairman Robert Dallari RE:
Appreciation for honoring the Oviedo High School NJROTC Marksmanship Team and
the entire cadet corp. (C: BCC, County Manager)
7.
Letter
received May 15, 2013, from Michael and Suzanne Tesinsky,
1250 Gladiolas Drive, Winter Park, FL, to Chairman Robert Dallari RE: Dodd
Property Rezone (Lakeside Estates). (C:
BCC, County Manager, Economic & Community Development Services)
8.
Copy of
letter dated May 16, 2013, from Chairman Robert Dallari to Governor Rick Scott,
State of Florida, RE: Seminole County’s support of the
$50 million appropriation contained in the budget approved by the Florida
Legislature for the “Close the Gaps” initiative in the Florida Coast to Coast
Trail Network. (C: Public Works)
9.
Letter
with attachment received May 16, 2013, from Matthew D. Chase, National
Association of Counties (NACo), to Chairman Robert
Dallari RE: Increase in County NACo membership dues
for 2014.
10.
Memorandum
received May 21, 2013, National Association of Counties (NACo),
to County Board Chairperson RE: Voting Credentials – 2013 Annual Conference. (C: BCC)
11.
Letter
with attachment dated May 22, 2013, from Cynthia Porter, City of Sanford, to
Seminole County Commissioners RE: Notice for Ordinance No. 4291. (C: BCC, County Manager, Economic &
Community Development Services)
12.
Letter
with attachment dated May 24, 2013, from Clayton Wilder, Florida Department of
Law Enforcement, to Chairman Robert Dallari RE: Federal Fiscal Year (FFY) 2013
Edward Byrne Memorial Justice Assistance Grant (JAG) Program, JAG Countywide, State
Solicitation. (C: BCC, County Manager,
Community Assistance)
13.
Letter
dated May 29, 2013, from Diane Pickett Culpepper, Bright House Networks, to
Chairman Robert Dallari RE: Programming changes to Bright House Networks
customers. (C: SGTV; County Manager;
Michael Champagne, Bright House Networks)
14.
Letter
dated May 30, 2013, from Mark Johnson, U.S. Department of Housing and Urban
Development, to Chairman Robert Dallari RE: Fiscal Year 2013 allocations for
the Office of Community Planning and Development’s (CPD) formula programs. (C: BCC, County Manager, Community
Assistance, Resource Management)
15.
Letter
with attachment dated May 30, 2013 from Kellie Littlefield, Florida Department
of Economic Opportunity, to Chairman Robert Dallari RE: Community Development
Block Grant Program (CDBG); Disaster Recovery Initiative Contract No.:
10DB-K4-0669-01-K33; Seminole County Notice of On-Site Monitoring June 13-14,
2013. (C: BCC, County Manager)
16.
Letter
dated June 3, 2013, from Polly Trottenberg, U.S.
Department of Transportation, to Chairman Robert Dallari RE: Appreciation for
letter supporting funding for Seminole County’s Sanford RiverWalk
Phase III Project under the Transportation Investment Generating Economic
Recovery (TIGER) Discretionary Grant Program.
(C: BCC, County Manager, Public Works)
17.
Letter
with attachment dated June 4, 2013, from Mark Middlebrook,
St. Johns River Alliance, to Chairman Robert Dallari RE: Requesting the Florida
Department of Highway Safety and Motor Vehicles to allow the continued sales of
the St. Johns River specialty license plate.
(C: BCC; County Manager; Ray Valdes, Seminole County Tax Collector)
18.
Letter
dated June 5, 2013, from Cragin Mosteller,
Florida Association of Counties (FAC), to Chairman Robert Dallari RE:
Appreciation for Commissioner Lee Constantine’s assistance in the Florida
Legislature during the 2013 Session to advocate a fair and accurate solution to
the County Medicaid Cost Share system. (C:
BCC, County Manager, County Attorney, Resource Management)
19.
Letter
dated June 6, 2013 from CDM Smith, 2301 Maitland Center Parkway, Maitland, FL,
32751, to Seminole BCC re: Changes to the 100-Year Floodplain and Flood
Elevations on Property. (C: BCC, County
Manager, Economic & Community Development Services)
20.
Letter
dated June 6, 2013, from Womble, Carlyle, Sandridge & Rice, 1200 Nineteenth St, NW, Washington,
D.C., 20036, to Seminole County Board of County Commissioners RE: Freedom of
Information Act Request Pursuant to Florida Open Records Act. (C: BCC)
21.
Public
Notice received June 10, 2013, from Orange County Government RE: Community
Meeting to discuss a proposed Land Use Amendment located on the east side of
Quadrangle Boulevard, South of Corporate Boulevard. (C: BCC, County Manager, Economic &
Community Development Services)
DISTRICT
COMMISSIONERS’ REPORTS
Commissioner
Horan reported that he has had some discussions with businesses being affected
in the vicinity of the Red Bug/SR 436 Flyover, and he has staff members working
with them on signage and some ways to try to mitigate the effects of that. The businesses are being adversely affected
by the increased construction. He said
he has made it a point to frequent the businesses in that area, i.e. the
restaurants and gas stations. He
encouraged others to patronize businesses in those areas during this difficult
time.
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Commissioner
Constantine announced that he has hired Luke Givens as his Aide and he will be
starting on July 1. Mr. Givens has been
on the Rules and Commerce Committee staff in Tallahassee and more recently, has
worked for three different legislators.
He complimented Lee Ricci and her staff in Human Resources. He thanked Commissioner Henley and commended
his Aide, Gretchen Venn, for their assistance and help.
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Commissioner
Constantine requested approval to attend the Florida Association of Counties
conference to be held in June, 2013.
Motion by Commissioner Horan, seconded
by Commissioner Henley, to approve expenses incurred by Commissioner
Constantine associated with travel and attendance at the Florida Association of
Counties conference to be held in June of 2013.
Under
discussion, Commissioner Henley stated he does not want them to get to the
point, like some of the neighboring counties, that there is adverse criticism
due to sending all the Commissioners to these events. He said they need to have a discussion and
maybe an agreed-upon process, whether it is a rotation or something else. Chairman Dallari concurred and stated they
need to be good stewards of the budget.
He understands that if they are on the FAC Board, there is more reason
to be there.
Commissioner
Horan commented that as they go through the budget process, whatever they do
with commissioner travel and meetings should be consistent with the
budget. Commissioner Henley concurred. Commissioners Horan and Dallari added that
they have not submitted any requests for travel reimbursement.
Districts
1, 2, 3 and 4 voted AYE.
Under
discussion, Commissioner Constantine stated he has observed that the Board has
not only put in very little for travel, but they have been very judicious in
that travel. Discussion ensued regarding
the representation of FAC. Chairman
Dallari stated there are several things happening statewide that FAC should be
taking a harder stance on, that they should be strategic and they need to be
representing all 67 counties. He said he
takes issue that FAC does not stand strong enough on unfunded mandates; the
State of Florida keeps pushing their problems down to local government. He stated he also believes that the State of
Florida should follow the Sunshine Law and that no State Representative and no
State Senator should be exempt.
COUNTY
MANAGER’S REPORT
No report.
COUNTY
ATTORNEY’S REPORT
Bryant
Applegate, County Attorney, advised that Putnam County Environmental Council
filed a Notice of Appeal of FLWAC’s (Florida Land and Water Adjudicatory
Commission) denial of their request for review of the St. Johns Water
Management District’s alternative water supply designations. He stated he will keep them posted. They have authorized outside Counsel to file
whatever necessary motions and briefs they need to protect the County’s
interest.
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Mr.
Applegate advised he will be attending the FAC conference and reminded them
that he is the Treasurer for the attorneys of the association.
--------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:05 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/tp