BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 10, 2010
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, August 10, 2010, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Bob Dallari (District 1)
Vice Chairman Brenda Carey (District 5)
Commissioner Mike McLean (District 2)
Commissioner Dick Van Der Weide (District 3)
Commissioner Carlton Henley (District 4)
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Jane Spencer
Commissioner Henley gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Richard Jerman, representing the Friends of the Library, addressed the Board to give a PowerPoint presentation (copy received and filed) on Building a Smarter Community. Mr. Jerman introduced Ross Pagano, President of the Friends of the Library and Regina Bereswill, a member of the Library Advisory Board. Ms. Bereswill introduced Beverly Myers, a member of the Library Advisory Board.
Mr. Jerman stated that the bar needs to be raised and horizons expanded for fund raising in these difficult economic times. He reviewed the mission of the Friends of the Library which is to raise funds through corporate and individual sponsorships. Mr. Jerman displayed a list of the different sponsorship levels.
Mr. Jerman listed the specific sponsorship benefits that involve library property or Seminole County assets and will require the Board’s consent as follows: the name of corporate sponsors displayed on tasteful boards in each library; the corporate logo placed on the web site; and bookmarks that will be passed out with the corporate sponsor's name on it.
Mr. Jerman reviewed the Sponsor Attributes.
Commissioner Dallari commended Mr. Jerman and his committee as well as the Friends of the Library for their work during these hard economic times. He stated that help is needed with private and public partnerships and he believes the Board should move forward and definitely support this work.
Commissioner McLean stated he believes the Friends of the Library have done a tremendous job. He stated that if this type of corporate sponsorship is done tastefully and appropriately, the idea has a lot of potential.
Commissioner Carey cautioned that sometimes when you begin to implement great ideas, you can run into issues and stated that the County will need to be careful as they look at what kinds of official guidelines are needed. She also addressed a statement in the Presentation that corporate sponsors would use library space for events and reminded the Board that a policy was adopted not too long ago that for-profit corporations have to pay to use the County's facilities.
Commissioner Carey commended the Friends of the Library for everything they have done in the past and good things they will do in the future, but asked that staff work with the legal office to determine some guidelines about how this plan would function without offending anyone.
Mr. Jerman explained there would be no economic cost to the County. He added if there is any production cost for material produced, it would be borne by the Friends of the Library. Mr. Jerman further explained the program outlined is an annual program and that the sponsorship solicitations by the Friends of the Library would only be geared to the corporate good citizens of the County.
Commissioner Van Der Weide supported the program but expressed a concern regarding the needed guidelines. Commissioner Henley reviewed his past experiences in selling advertising on public space and encouraged the Acting County Manager and the legal department to get together and work out the details to get the program going.
Commissioner Dallari advised Joe Forte, Acting County Manager, that there was Board consensus to move forward but asked him to insure there are proper guidelines and regulations so there is no confusion.
Mr. Forte stated he would work with the Director, the Friends of the Library and the County Attorney to assemble some guidelines and policies and bring them back to the Board in September.
Greg Zbylut, Chair of the Seminole County Children’s Cabinet and Executive Director for Boys Town, addressed the Board to give a PowerPoint presentation (copy received and filed) on The State of Seminole County’s Children. Copy of Children’s Cabinet of Seminole County pamphlet was also received and filed.
Mr. Zbylut reviewed the following topics: Vision, Guiding Principles and Members. Mr. Zbylut reviewed past projects such as The Village, where within two to six months of their stay, 72% of the children in the program (children who have turned 18) have achieved a GED or received their high school diploma, 85% have gained employment and 90% are attending post secondary or technical school.
Mr. Zbylut reviewed the Family Connections, a project that serves 200 children and families at risk for abuse or neglect annually in Seminole County. He stated that 10 to 12 different partners pooled resources to identify these children and families early on to intervene so services (mental health support, in-home family services, clothing or financial assistance) can be provided to keep a child from going into State care.
Mr. Zbylut explained that the Pathways to Home project represents 15 different partners that offer stability for families that are in a transitional situation. He added that in the last school year, 1,300 children were identified as homeless. Mr. Zbylut stated the project provided 19 families and 42 children with stable housing.
Mr. Zbylut stated that his organization has filed an application for vested rights through the City of Sanford so the formerly used at-risk Boys Town shelter can be used as a hub of services for families that are identified based on needs in the Pathway's program.
Mr. Zbylut listed the current priorities as follows: Strengthen Families and Communities; Create Stable Housing; Develop Quality Affordable Child Care; and Establish a Legislative Forum. He suggested that the Board can help by attending the annual meeting on October 19 and that the Children's Cabinet is trying to do a better job in getting the elected officials from the cities and the County to attend.
Mr. Zbylut stated the Children's Cabinet would like to be utilized as an expert in family and children issues in the County; and if there is information or data that they can provide, let them know. He pointed out the contact information for the Children's Cabinet is listed in the Presentation and the pamphlet (received and filed) that was provided. Mr. Zbylut stated the Children's Cabinet meets the second Wednesday of every month at 9:30 a.m. at the Seminole County Sheriff's Office, 100 Bush Boulevard; and the meetings are open to the public.
Commissioner Dallari stated that he believes the Pathways to Home project is an exemplary example of leadership and the Board will be there to help. Commissioner Henley discussed past Board actions to help those transitioning or aging out of the child-care programs and reviewed helpful organizations like Leadership Seminole and Youth Commission. He stated he is happy to see the organization as strong as it is but is also anxious to see the strategies that will need to be developed and implemented.
Commissioner McLean stated he was impressed with the concept of bringing together varied organizations and having them work together towards a common cause to find out if there was overlap in services provided. He stated he is looking forward to the annual meeting on October 19 and believes the Board is in support of everything that Mr. Zbylut is doing.
Commissioner Van Der Weide offered his support but advised of the necessity of a dedicated funding source.
Commissioner Carey stated she feels that the collaboration and cooperation of all of the not-for-profits working together is a better strategy than when everybody was competing for the same money. She asked to be provided fresh information as to the services available since her office gets a lot of calls regarding these types of services and she believes it would be helpful in directing these people to the right place.
Chairman Dallari directed Mr. Forte to work with this organization to get a link from the County’s web site to their major web site. Commission Carey expressed concerns regarding other not-for-profit organizations who might want a similar link. Mr. Forte advised that there is a new IT manager whose goal is to redo the County’s web site and he believes he would have a recommendation on how to handle links from not-for-profit organizations.
COUNTY MANAGER’S CONSENT AGENDA
ACM Joe Forte advised on Item 16, a BAR #10-86 in the amount of $398,695, the account number has changed from 11916.334490.077516 to 11916.331490.077516. He further advised that Exhibit B was not attached to Item #29, the Resolution Calling for School Board Referendum Election, and has now been provided. He also noted that Items 30 and 31, the MSBU’s (Lake Myrtle, Southern Cove and Lake Spring Wood), listed September 14 as the meeting date and it is actually September 15. He advised Item 33, Seminole County-Orange County-SCEA Agreement, has changes on line 52 and lines 328 through 347.
Commissioner Carey pulled Item 19, approve 2010 Library Services Latchkey Children’s Policy, until the next meeting to give staff time to clarify the language regarding the age a child can be left unattended in the library.
Motion by Commissioner McLean, seconded by Commissioner Carey to approve and authorize the following:
County Manager’s Office
Purchasing & Contracts Division
3. Award Proprietary Source Procurement SS-600970-10/BJC for Naviline Suite of Software Applications with SunGard Public Sector, Lake Mary, Florida, and authorize Purchasing and Contracts Division to execute the pertinent documents.
4. Approve Work Order #10, as shown on page _______, for PS-3914-08/VFT - General Environmental Services in the amount of $143,214.07 with E Sciences Inc., of Orlando, Florida, and authorize Purchasing and Contracts Division to execute said Work Order.
5. Approve M-600968-10/GMG, as shown on page _______, Single Source for Environmental Restoration Volunteer & Education Program Coordinator with Natalae Wilson, Zellwood, Florida ($50,000.00 for the first year; $55,000.00 per year thereafter), and authorize Purchasing and Contracts Division to execute same.
6. Approve Amendment #2, as shown on page _______, to Work Order #115 under PS-5165-04/AJR (Design Services for Midway Elementary Area Sidewalks) with HDR Engineering Inc., of Orlando, Florida in the amount of $16,569.00, and authorize Purchasing and Contracts Division to execute same.
7. Approve an increase to the Board approved Estimated Term Usage for PS-3065-08/DRS - Construction Engineering and Inspection (CEI) Services for SR 434 Widening and Resurfacing Master Services Agreement by an additional $250,000.00.
Support Services Division
8. Approve and authorize the Chairman to execute the six (6) month extension, as shown on page _______, to the Seminole County/Oaks at Lake Mary, Ltd./Oaks Out, LLC Joint Facilitation of Public Infrastructure Agreement, dated September 1, 2009.
Community Assistance Division
9. Approve and authorize the Chairman to execute the Satisfactions of Second Mortgage, as shown on page _______, for households assisted under the County's Home Ownership Assistance Program or the Emergency Repair Housing Program: Tammy Brown; Joseph R. Gumble and Donna I. Gumble; Yolanda Jackson; Ewin R. James and Jean B. James; Annette Richardson; Glennis Sharff; Karen Soloff.
10. Approve and authorize the Chairman to execute the Community Services Block Grant (CSBG) Award Agreement, as shown on page _______, between the Florida Department of Community Affairs and Seminole County in the amount of $230,875.
11. Approve and authorize the Chairman to execute the 2010-2015 Consolidated Plan, as shown on page _______, and 2010-2011 One-Year Action Plan, as shown on page _______, documents and signature pages, including the Standard Form 424, all certification pages, the Finding of No Significant Impact on the Environment and the Request for Release of Funds (FONSI/RROF), the CDBG, HOME, and ESG Grant Agreements with HUD, and authorize Community Assistance Division staff to submit both Plans to HUD for approval.
12. Approve the Conditional Utility Agreement, as shown on page _______, for Sewer Service for the project known as Americare School of Nursing.
13. Approve the release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Briar Office/Warehouse Expansion in the amount of $1,082.26.
14. Approve the release of the original Cash Maintenance Bond with Escrow Agreement for the project known as Wekiva Springs Road PCD in the amount of $300.00.
Planning, Engineering & Inspections
15. Approve the Utility Easements, as shown on page _______, between Seminole County and Florida Power and Light located at the Seminole County Regional Treatment Facility at Yankee Lake.
16. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-161, as shown on page _______, implementing Budget Amendment Request (BAR) #10-86 through the Public Works Grants Fund in the amount of $398,695 to budget Local Agency Program funding for Audible Pavement Markings on Osceola Road.
17. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-162, as shown on page _______, implementing Budget Amendment Request (BAR) #10-90 through the Neighborhood Stabilization Grant Program Fund in the amount of $285,366 to increase funding for the Neighborhood Stabilization Grant program.
18. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-163, as shown on page _______, implementing Budget Amendment Request (BAR) #10-93 through the 2001 Infrastructure Sales Tax Fund in the amount of $100,000 to establish and provide design funding for the Altamonte Elementary School Area Sidewalks.
19. Pulled from the agenda request to adopt and authorize the Chairman to execute Resolution for the 2010 Library Services Latchkey Children Policy for inclusion in the Seminole County Administrative Code, Section 29.25.
20. Approve and authorize the Chairman to execute the Grant Agreement, as shown on page _______, between the Florida Division of Library Services and Information Services and Seminole County, and the Certification of Credentials, as shown on page _______, in anticipated acceptance of monies in State Aid to Library funds for library related operating expenses.
21. Approve and authorize the Chairman to execute a Termination of Locally Funded Agreement, as shown on page _______, between the State of Florida Department of Transportation and Seminole County for the Acquisition of Right-of-Way for the widening of State Road 46 from Mellonville Avenue to State Road 415 (FDOT Financial Management No. 240216-3-43-01).
22. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-164, as shown on page _______, in support of the State Road 415 Project from State Road 46 to the Volusia County Line (FDOT Financial Management #407355-1).
23. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-165, as shown on page _______, in support of the State Road 46 Project from Mellonville Avenue to East of State Road 415 in Sanford (FDOT Financial Management 240216-2).
24. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-166, as shown on page _______, in support of the State Road 15/600 (U.S. Highway 17/92) Project from Shepard Road to Lake Mary Boulevard (FDOT Financial Management #240196-1).
25. Adopt appropriate Resolution 2010-R-170, as shown on page _______, and authorize the Chairman to execute a County Deed, as shown on page _______, conveying property to the Florida Department of Transportation for the Commuter Rail Transit (SunRail) Project (FDOT Parcel #507).
26. Approve and authorize the Chairman to execute a Memorandum of Understanding, as shown on page _______, between Seminole County and Seminole State College of Florida for Communication Improvements.
Districts 1, 2, 3, 4 and 5 voted AYE.
County Attorney’s Consent Agenda
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean to approve and authorize the following:
27. Adopt and authorize the Chairman to execute appropriate Resolution 2010-R-167, as shown on page _______, supporting the Attorney General’s interpretation of Chapter 849, Florida Statutes, and urging the Florida Legislature, State Attorneys and the Statewide Prosecutor to take action pertaining to sweepstakes gaming activities.
Districts 1, 2, 3, 4 and 5 voted AYE.
Constitutional Officers’ Consent Agenda
Motion by Commissioner McLean, seconded by Commissioner Henley, to approve and authorize the following:
28. Expenditure Approval Lists, as shown on page _______,
dated July 12 & 19, 2010 and approval of Payroll Approval List, as shown on page _______, dated July 8, 2010.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk's "received and filed":
1. Parks Contracts, as shown on page _______, for Shelley MacFarlan and Peter Stapp.
2. Second Amendment, as shown on page _______, to RFP-600584-09.
3. IFB-600883-10 Contractor Services Agreement, as shown on page _______, for Landscape/Irrigation Materials and Miscellaneous Related Construction, Vila & Son Landscaping Corp.
4. Term Contract #RFQ-600915-10, as shown on page _______, for Maintenance and Repair Services for All Self Service Copiers, Ricoh Americas Corp.
5. Amendments #2 and #3, as shown on page _______, to Work Order #56 to PS-1529-06.
6. Amendment #1, as shown on page _______, to Work Order #9 to CC-3321-08.
7. Amendment #1, as shown on page _______, to Work Order #115 to PS-5165-04.
8. Memorandum to Maryanne Morse, Clerk of Circuit Court, from Doris-Anne Freeman, City Clerk, City of Altamonte Springs, relating to annexations.
9. Change Order #3, as shown on page _______, to CC-4626-09.
10. Amendment #3, as shown on page _______, to Work Order #94 to PS-5150-03.
11. Amendment #1, as shown on page _______, to Work Order #36 to PS-5173-04.
12. Work Order #40, as shown on page _______, to CC-1284-06.
13. Restrictive Use Covenants, as shown on page _______, for Miller Construction Services for 215 Panorama Dr., 2814 Central Dr., and 108 Deer Song Dr.; and Clarkson Concepts, Inc. for 585 Walden Ct. and 109 De Soto Ave.
14. Notice of Satisfaction of Connection Fees and Bill of Sale, as shown on page _______, for the project known as Terracina at Lake Forest Ph 4.
15. Satisfaction of Lien, as shown on page _______, for Code Enforcement Case #09-39-CEB, Karyn Reilly & Arthur Anderson, approved by the BCC on 2/23/10.
16. Amendment #1, as shown on page _______, to Work Order #16 to CC-2184-07.
17. Amendment #1, as shown on page _______, to Work Order #14 to CC-2184-07.
18. Closeout for CC-4847-09, as shown on page _______.
19. Work Order #43, as shown on page _______, to CC-1284-06.
20. Closeout for CC-3077-08, as shown on page _______.
21. Work Order #62, as shown on page _______, to PS-1529-06.
22. Work Order #1, as shown on page _______, to PS-5438-10.
23. Work Order #64, as shown on page _______, to PS-1529-06.
24. Warranty Deed, as shown on page _______, for C&C Plaza, Inc.
25. Change Order #3, as shown on page _______, to CC-4864-09.
26. Amendment #1, as shown on page _______, to Work Order #5 to M-5004-09.
27. Work Order #82, as shown on page _______, to PS-5120-02.
28. Work Order #7, as shown on page _______, to PS-2051-07.
29. Work Order #9, as shown on page _______, to CC-3321-08.
30. Amendment #1 to Work Order #20 to RFP-0013-05.
31. Contract #IFB-600883-10, as shown on page _______, for Landscape/Irrigation Materials and Miscellaneous Related Construction, Arazoza Brothers Corp.
32. Amendment #3, as shown on page _______, to Work Order #35 to RFP-4277-09.
33. Audit Report from Maryanne Morse, Clerk of Circuit Court, for Acquisition and Utilization of County Vehicles.
34. Notice from the Florida Public Service Commission re: Application for increase in water and wastewater rates in Seminole County by Sanlando Utilities Corp.
35. First Amendment, as shown on page _______, to Tourism Sports Marketing Agreement with Central Florida Sports Commission, Inc.
36. Amendment #3, as shown on page _______, to Work Order #32 to PS-1501-06.
37. Memorandum to Ann Colby, Assistant County Attorney, from David G. Shields, Assistant County Attorney, re: Basic Services Agreement Request with Southeastern Surveying & Mapping Corp.
38. Memorandum to Sandy McCann, County Commission Records Supervisor, from Denes Balo, Director of Clerk’s Finance, submitting Clerk’s Budget, as shown on page _______, for Fiscal Year 2010/2011.
39. Memorandum to Denes Balo, Director of Clerk’s Finance, from Sandy McCann, County Commission Records Supervisor, acknowledging receipt of Clerk’s Budget for Fiscal Year 2010/2011.
40. Bids as follows: RFP-600909-10; IFB-600943-10; IFB-600890-10; PS-5473-10; RFP-600933-10; RFP-5465-10; and IFB-600920-10.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to adopt and authorize the Chairman to execute appropriate Resolution 2010-R-168, as shown on page _______, to place the required referendum election on the ballot of the General Election to be held on November 2, 2010, for the half-cent school capital outlay sales tax.
Under discussion, Commissioner Henley asked about some of the language in Section 2(B) of the Resolution.
George Kosmac, Deputy Superintendent for Seminole County Public Schools, addressed the Board to explain the current debt service is $23 million per year until 2019 at which point there will be some redemptions so that number will drop. Upon inquiry by Commissioner Henley, Mr. Kosmac stated they will take care of the things listed in Exhibit A before taking care of the bond indebtedness.
Upon further inquiry by Commissioner Henley, Mr. Kosmac discussed what would be covered under Security and Technology in Exhibit A, such as having a single point of entry in schools that don’t have that yet and upgrading video security.
Upon inquiry by Commissioner Carey, Mr. Kosmac discussed the life cycle for remodeling and demolition of buildings. He explained the process used by the Department of Education in granting permission for buildings to be demolished.
Commissioner McLean stated parents need to feel comfortable that their children are in a safe and secure environment while at school.
Upon inquiry by Chairman Dallari, Robert McMillan, County Attorney, advised the Board is required to pass this to the Supervisor of Elections to be placed on the ballot with the Board’s only discretion in picking the date of the election.
Upon inquiry by Mr. Kosmac, Mr. McMillan clarified the effective date of the levy would be January 1, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
Carol Watral, MSBU Project Manager, addressed the Board to present a request to schedule and advertise a public hearing to give consideration of creating the Lake Myrtle Southern Cove Aquatic Weed Control MSBU and adopting the initial non-ad valorem assessment roll for first-time levy in 2010. She further stated the planned date for the requested public hearing is September 15, 2010. Ms. Watral stated that after receiving the application in June of 2010, the subsequent petition process demonstrated a 69.2% support rate among the 26 properties that would benefit from the proposed MSBU. Staff recommends approval of the request.
Motion by Commissioner Henley, seconded by Commissioner Carey, to authorize the MSBU Program to schedule and advertise a public hearing for consideration of adopting an ordinance to create the Lake Myrtle Southern Cove Aquatic Weed Control MSBU. Districts 1, 2, 3, 4 and 5 voted AYE.
Carol Watral presented a request to schedule and advertise a public hearing to give consideration for creating the Lake Spring Wood Aquatic Weed Control MSBU and adopting the initial non-ad valorem assessment roll for first-time levy in 2010. She further stated the planned date for the requested public hearing is September 15, 2010. Ms. Watral stated that after receiving the application in September of 2008, the subsequent petition process demonstrated a 72.2% support rate among the 18 properties that would benefit from the proposed MSBU. Staff recommends approval.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to authorize the MSBU Program to schedule and advertise a public hearing to give consideration for adopting an ordinance to create the Lake Spring Wood Aquatic Weed Control MSBU and adopt the initial assessment roll for first-time levy on the 2010 tax roll.
Districts 1, 2, 3, 4 and 5 voted AYE.
Kathy Fall, Growth Management Department, addressed the Board to present a request to reduce a Code Enforcement Board lien, which totals $20,750.00 for Case #09-118-CEB on the property located at 3176 Barbados Court, Apopka, previously owned by Amy J. Simonetti and currently owned by Wells Fargo Bank. Ms. Fall gave a brief history of the case. Ms. Fall explained that while the prior lien was extinguished due to foreclosure, the lien began to accrue again at $250 per day until the property was brought into compliance. Ms. Fall stated staff recommends the Board deny the lien reduction since Wells Fargo Bank did receive all of the notices for the case.
Upon inquiry by Commissioner Carey, Alison Stettner, Planning and Development Manager, addressed the Board to state this pool had been secured prior to the Board’s finding concerning unsecured pools; but she did advise that all pools that are now noticed as unsecured on vacant and foreclosed homes are being secured.
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to deny a reduction to the Code Enforcement Board lien, which totals $20,750.00, for Case #09-118-CEB on the property located at 3176 Barbados Court, Apopka, previously owned by Amy J. Simonetti, and currently owned by Wells Fargo Bank, N.A., based on the staff recommendations; and require this amount to be paid within 60 days; and upon payment authorize the Chairman to execute the Release of Lien.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 10:25 a.m., reconvening it at 10:30 a.m.
Jerry McCollum, County Engineer, addressed the Board to present a request to approve and authorize the Chairman to execute the Interlocal Agreement with the Orlando-Orange County Expressway Authority (OOCEA). Mr. McCollum stated after transmitting the agreement to OOCEA, it came back with minor revisions and staff is now asking the Board to approve the agreement. He further explained this document would now go to the Seminole County Expressway Authority.
Upon inquiry by Chairman Dallari, Mr. McCollum verified this agreement does not set the alignment. Mr. McCollum advised Section 6.01 (A) of the agreement states there will be a public hearing.
Chairman Dallari recommended that the Board move forward with the agreement.
Upon inquiry by Commissioner Carey, Michael Snyder, Executive Director with the OOCEA, addressed the Board to explain that lines 95 through 99 of the Wekiva Parkway Agreement reference statutes that establish the responsibilities of Seminole County, the Seminole County Expressway Authority and FDOT. He further explained that in the agreements between the Department of Transportation and OOCEA, OOCEA's responsibility in the PD&E study is for Orange County where they have jurisdiction. FDOT is the entity that is responsible for decisions made on the PD&E study in Lake and Seminole County and that is what is being talked about in lines 95 through 99. He stated the Interlocal is moving into the future and allowing OOCEA to have the right to go beyond the PD&E study and design, to build, operate and maintain the toll road. Upon inquiry by Commissioner Carey, Mr. Snyder stated that jointly with FDOT, OOCEA has been managing the PD&E study.
Concerning Article V of the Wekiva Parkway Agreement, Commissioner Carey voiced concerns with the lack of any timeline and stated that Seminole County doesn't have the right to terminate the agreement if it isn't working.
Upon inquiry by Commissioner Carey regarding how the road will be paid for, Mr. Snyder reviewed the steps OOCEA has taken (such as raising tolls) to allow OOCEA to potentially be in a position to be the sole funding agency to build the Wekiva Parkway. He added they are continuing to work with their partners at the Department of Transportation and the Turnpike Enterprise. He discussed possible federal dollars that may be infused into the project. Upon further inquiry by Commissioner Carey, Mr. Snyder stated as far as tracking the tolls, they were above projections and for this fiscal year, they were 9% above projections. He discussed the potential of selling bonds and what that would entail.
Commissioner Henley stated he believes the OOCEA has addressed the Board's concerns as best as they can do with the authority they have. He added that representation on the OOCEA board takes legislative action to grant and he believes the Board can continue to pursue that. Commissioner Henley stated he believes there will be public pressure as well as what the Board can add to try to move this along. He advised he is prepared to support it as it is.
Commissioner McLean discussed getting a very critical and important seat on the Right-of-Way Committee. He added that the OOCEA can't give the seat that was originally asked for and he believes they have acted in good faith. Commissioner McLean stated he can live with this agreement.
Commissioner Van Der Weide stated he believes they have gotten the best deal that they are going to get and believes it is a good deal for the citizens and certainly a good deal for the people who will be using the road.
Commissioner Carey advised that rather than getting a seat on the Right-of-Way Committee, Seminole County is getting the ability to nominate a person for the Expressway Authority's consideration and added that a seat doesn't have to be granted. She expressed her concerns regarding giving up the authority for the Expressway Authority to set the tolls and where toll collections will be without representation of the Seminole County public. Commissioner Carey stated she will not be supporting this item.
Mr. Snyder addressed Commissioner Henley's concerns regarding whether or not the nomination for the Right-of-Way Committee was simply a bait and switch. Mr. Snyder stated it was his intent, his Chairman's intent and his Board's intent to put a Seminole County representative on the Right-of-Way Committee.
Upon inquiry by Commissioner Carey, Mr. Snyder explained his organization's rules of procedure for picking a representative. Upon further inquiry by Commissioner Carey, Mr. Snyder explained the process for setting the alignment and what will occur once it has been set. He explained the value in having a person on the Right-of-Way Committee involved in the process of what is going on in design.
Motion by Commissioner Carey to deny request to approve an Interlocal Agreement between the Orlando-Orange County Expressway Authority; Seminole County, Florida; and the Seminole County Expressway Authority.
The Chairman called for a second to the motion three times without response. Whereupon the Motion died for lack of same.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to approve and authorize the Chairman to execute an Interlocal Agreement, as shown on page _______, between the Orlando-Orange County Expressway Authority; Seminole County, Florida and the Seminole County Expressway Authority.
Commissioner Carey introduced a document (copy received and filed) from the Wekiva Parkway Community Coalition with comments regarding the Interlocal Agreement as evidence.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
Chairman Dallari recessed the meeting at 10:45 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Jane Spencer, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Carey, to authorize the filing of the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
MAJOR AMENDMENT TO SAVANNAH PARK
AT HEATHROW PUD, Savannah Meridian
Acquisition Group, Continued
Continuation of a public hearing from July 27, 2010, to consider a Major Amendment to the Savannah Park at Heathrow Planned Unit Development (PUD) on 9.85 acres located on the west side of International Parkway, between Wilson Road and Wayside Drive, Savannah Meridian Acquisition Group, received and filed.
Alison Stettner, Planning and Development Manager, stated the applicant is requesting a second continuance to September 15 in order to continue to work on the information requested on July 27.
Commissioner Carey stated she had made the motion for the continuance in hopes the applicant would have time to go back to their team and address some of the concerns expressed during the public hearing. The reality is the applicant would have had to have the information by Friday, July 30, to be able to get on the BCC agenda for today. She explained the Board amended their Administrative Code for a continuance and she believes the applicant has met all the rules for that. He asked for a continuance two days later after the BCC meeting. Also, she received in her inbox last night a number of items from the Ryans, and she has not had time to review those. Additionally, Ms. Stettner has some things to review, so staff has not had the time either for that.
Motion by Commissioner Carey to support the request to continue the Major Amendment to the Savannah Park at Heathrow Planned Unit Development (PUD), Savannah Meridian Acquisition Group, as she thinks that is a reasonable request.
Commissioner Henley seconded the motion for discussion. He said this Board has traditionally granted requests for continuances by the applicant, and he also had materials presented to him that he has not studied fully. He said he doesn’t see any harm with granting the request. He thinks it is important to get all the data, and he was hoping the two groups could come together with something beneficial to all. He doesn’t know whether that solution will be worked out or not.
Scott Ryan, 5739 Byron Anthony Place, addressed the Board to state he and Kelly are opposed to this extension as they are sitting on three deals at this moment. He said this is a time-sensitive issue. He asked for closure on this item or that the Board vote up or down one way or another. He referenced the history of extensions and said the renderings had never been submitted by staff. He stated none of the discussion issues solve any of the problems in the arguments. He doesn’t see any reason the applicant should have an extension.
Cynthia Goodridge addressed the Board to state she does not approve this extension based on the fact that these issues should have been solved long before they came to this Board, and any issues of parking have never satisfied them as residents. Also, Mr. DiGiovanni said he would be ready by today.
No one else spoke in support or in opposition to the continuance.
Districts 4 and 5 voted AYE.
Commissioners Dallari, McLean and Van Der Weide voted NAY; whereupon, the motion failed for the lack of a majority vote.
Commissioner Carey reiterated that she had not had the opportunity to review the materials that Mr. Ryan brought to her office or the letter brought to her last night.
Robert McMillan, County Attorney, stated if Commissioner Carey received additional information after the public hearing was closed, she should not be considering it. He said the public hearing was closed at the last meeting. Anything she received subsequent to that is outside the scope of the public hearing. The only information that was requested was during discussion and it was requested of the applicant to provide additional information as a result of the request of the District Commissioner. To the extent that can be responded to and any other questions can be asked, but documents received subsequent to the closing of the public hearing are not part of the record of this hearing and should not be considered. He said if the Board reopens the public hearing, they can accept and consider the additional information.
For clarification, Commissioner Carey said the reason she asked for a continuance was so that the applicant could take the comments heard and go back and try to work through those issues and present additional information to the Board. She said the Board has not even gotten all of those documents yet. As the District Commissioner, that was what she was requesting. She would like to see the additional information.
Chairman Dallari said, as stated at the last meeting, his issue is that of converting commercial to residential, and he has not heard anything yet that changes that argument.
Commissioner Van Der Weide stated his case is he has already voted against changing this project twice before on this application.
Ms. Stettner displayed an analysis staff prepared (copy received and filed) showing examples of the available commercial entitlements in the area and she reviewed same. Commissioner Carey noted that there is missing information even in this analysis that indicates there is 400,000 or 500,000 sq. ft. of commercial in this area.
Commissioner Henley advised he asked Ms. Stettner late yesterday to gather this information because Colonial Town Park was referred to two or three times. He recalled when it was discussed at a prior meeting that Colonial Town Park had previously come in and asked to change from their commercial and retail in order to bring in more apartments, because there was an insufficient amount of people to support the retail. The Board did a feasibility study to determine what would be the impact if they were to make that change. He also recalled the speaker the Private Businessmen’s Association had a few years ago who was the individual who designed National Park in the south. His conclusion to the question about what the city of Sanford could do to revive their downtown was that they have to bring more people downtown in order to succeed. Commissioner Henley said he’s trying to get across that on every occasion they have talked to people, they have said you have to have residential in the vicinity if you are going to succeed. He said it seems to him that the Board has a similar question now as with Colonial Town Park. He explained that one of the reasons he supported continuing this request was to see if something could possibly be worked out.
Commissioner Carey said by the time staff got this information to the Board, they were putting this together at the eleventh hour. She and Commissioner Henley said they only received this information this morning before the BCC meeting. Commissioner Carey again noted that there are other things the Board has approved that are not included in the information; for example, Gunter Hood, which has a large number of commercial entitlements as well.
Upon inquiry by Commissioner Carey, John DiGiovanni, Savannah Meridian Group, addressed the Board to state he had some materials to present to the Board today, but he objected to the Board not voting in favor of the continuance, considering that Mr. Ryan presented materials late yesterday after the public hearing had been closed. He said in his mind, that taints the process. He said he has not had time to review those materials. In order to address that, he needs the time to do so. He requested the Board to reconsider the continuance.
Whereupon, Mr. McMillan advised that the information received is barred from the record and the Board shall not consider it during their vote unless the public hearing is reopened. He further advised Commissioner Carey that it is part of the standard Board discussion after any public hearing to engage in a discussion with the applicant regarding the input they received in the public hearing and request changes to the plan. He said it is the Board’s decision to reopen the public hearing or not.
Commissioner McLean stated he appreciates Commissioner Henley’s information about what’s going on in the relative area near this property, but he believes they are talking about Savannah Park and the viability of the residential component; and he believes that is Ashton Woods. His thought, when they had their last discussion, was that two weeks was more than enough time. Now they are going from two weeks to six weeks over information that he doesn’t think changes the basic discussion that they are reducing the commercial component in this neighborhood environment. He said from his standpoint, he doesn’t see that this discussion has changed at all from what they had two weeks ago.
Mr. DiGiovanni advised Commissioner McLean that he didn’t realize he had to turn in information within two days to staff, which was impossible. He had the discussion with staff and sent a letter asking for a continuance and because it is common practice to issue a continuance, they stopped until they were told they might have to actually give a presentation today. He explained that not only could they not get all the disciplines together, but they were somewhat confused as to what the process was. He said they would like to have the ability to precisely and completely answer the Commission’s questions with regard to the plan. They were able to accomplish some work in the seven days given, but not the level as polished as he would like to do.
Chairman Dallari confirmed with Mr. McMillan that a PUD is a legalized form of contract zoning between the local government and the property zoning. Chairman Dallari said the way he views this is that they have a contract with the property owner and there is “x” amount of commercial and the contract was amended to give more residential and less commercial. He said he is at a point that he is not willing to give up any more commercial in this contract. Whereupon, Mr. DiGiovanni stated they actually kept the same square footage and same commercial they had and changed the 20 townhomes, which were unviable at the time, to 60 multifamily units, either condos or apartments, in the same area. He further stated that in the last two years, there has been the greatest downturn in the economy since the Great Depression as is documented. What they did in 2008 is not practical in 2010. He said there seems to be a false presumption that if they are denied this change, somehow they will magically go out and build a plan they have been approved for. He said that is never going to happen. That is not marketable or financeable. He said they can’t build what’s been approved because no one is going to lend on it. No retailer will come to a site, where you have a sea of vacancies and other shopping centers where they can move to the next day, without having some incentive, some catalyst that brings them to the site. He said the traffic in front of their site is about 8,000 cars a day and that is not going to attract any retailers. The amount of housing that sits there currently is not dense enough to attract any retailers.
Upon inquiry by Commissioner Carey, Ms. Stettner described what makes mixed-use projects successful. She also advised in the changes submitted yesterday, the applicant has shrunk the three-story buildings slightly and reduced the units by four and allowed some additional landscaping around the building. Ms. Stettner showed the landscaping plan (copy received and filed) submitted yesterday showing the applicant has shortened the parking spaces on the site and allowed for a two-foot overhang to augment the buffer along Tall Trees so they can add some additional canopy trees. On the sides of the buildings, they have shortened them so they could reduce the number of units by four and allow some additional buffering of the buildings. Ms. Stettner stated her professional opinion is that the project is still compliant with the County’s code and would be acceptable, and she would recommend approval.
Mr. DiGiovanni corrected where the parking spaces were shortened so they could add additional buffer space to screen Ashton Woods from the buildings. He showed the other areas of landscaping to be added to buffer the Ashton Woods townhouses. He said taking into consideration all the comments from the homeowners, between the buildings is a 12 foot wide corridor which leads to the back parking area that is to maintain the circulation of the site as they currently have it, and he described the amenities package (with the exact mix of the amenities to be determined). He explained they have segregated the amenities area and there is no reason for anyone to leave this property and go to either Tall Trees or Ashton Woods to use their clubhouse.
Commissioner Carey asked what has changed in the mix to cause the number of units to go up. Mr. DiGiovanni explained the increase in the units comes from the fact that the 60 units that were approved were all two bedroom, two baths at about 1100 sq. ft. There was no thought to varying sizes or studios, etc. When they take the actual floor plans and put them into the same 60 units, they can get 92 of these units in that same square footage. He said that is what increases the number of units. They have designed each of the units in the same area size.
Upon further inquiry by Commissioner Carey, Mr. DiGiovanni said it is possible to have retail amenities that are open to the public, like a hair dresser, nail salon or coffee shop. There will be two entrances, one for the residents and one for the public. He said there would be no objections to taking the center core and leaving it as some type of retail on the front portion.
Ray Scott, architect, addressed the Board to state the lobby/atrium area goes up three stories and if that front area on Byron Anthony Place is kept retail, it would have no impacts on the 104 units.
Upon inquiry by Commissioner Henley, Mr. DiGiovanni reviewed that the proposal is to reduce the retail by 10,720 sq. ft. and the office by 7,520 sq. ft. He noted that they could recapture some commercial space in Buildings F and M to pick up another 2,000 sq. ft. By further restriping additional parking spaces to nine feet, they can probably pick up an additional 4,000 to 5,000 sq. ft. of retail space. He said Buildings F and M are on International Parkway and are the most desirable locations to retailers, and he would have the level of confidence that the space could be leased. That would minimize the reduction of retail space on the site to 5,720 sq. ft.
Upon further inquiry by Commissioner Henley, Mr. DiGiovanni explained that because the retail would be on the front side, he would have a better chance of attracting retailers. The other reason the current plan is unmarketable and not financeable is that the retail is in the same structure as the commercial. He stated you can’t get financing to build a building where you have multiple uses in the same structure. By separating the residential from the commercial, you have a better opportunity to facilitate and develop both those pieces than by having the uses in the same structure.
Mr. Scott advised Commissioner McLean that the front lobby area is approximately 1,000 sq. ft. Commissioner McLean said, like Chairman Dallari, he is not comfortable with losing commercial space. Mr. DiGiovanni advised the only place where they could probably add square footage might be in Buildings J and D. Discussion continued.
Commissioner Carey asked Mr. DiGiovanni to discuss the study recently done regarding the vacancy rate in this corridor. He provided copies of The CoStar Retail Report, Mid-Year 2010, Orlando Retail Market (copy received and filed) to the Board and referred to page 28, reviewing the Lake Mary market concerning the absorption rate, vacancy rate and the rental rates. He said the Lake Mary market not only has a negative absorption rate, but there is also a reduction in the rental rates. He further reviewed the Sanford market, page 37, also showing a negative absorption rate and reduction in rental rates. He added that in order to get tenants for Buildings F and M on International Parkway, they have to lease the space first in order for a lender to say he will give a construction loan for it. Without the residential behind it to drive retail interests, it will never get built, because they will not have anyone leasing the space.
Commissioner Carey discussed with Ms. Stettner and Mr. McMillan the possibility of the Board authorizing approval subject to conditions for parking and the final site plan and development order coming back to the Board.
Motion by Commissioner Carey to approve the Major Amendment to the Savannah Park at Heathrow Planned Unit Development (PUD) on 9.85 acres, located on the west side of International Parkway, between Wilson Road and Wayside Drive; as described in the proof of publication, Savannah Meridian Acquisition Group, with the following conditions: in the center building on the new site plan presented today, the core area would be left as retail; the maximum number of units for residential, age-restricted to 55, would be 104; the office space and retail square footages that were amended in 2008 would remain the same as long as the applicant can meet the Land Development Code for parking; and the final site plan and development order will come back to the Board for review.
Discussion of the motion ensued.
Commissioner McLean said he thinks the Board has an idea of where they are going and by discussing it, they have the idea that maintaining the commercial seems to be what the majority of the Board wants to do, he wonders should they go down the path Commissioner Carey now wants to go or should they give the parties a chance to hammer this out, given the discussion they have had. Discussion continued.
Commissioner Carey summarized that she is saying to keep the commercial, allow enough residential to support the retail and the developer will have the opportunity to come back in Buildings F and M and add the retail if they can; they still have the entrance feature being retail and there will be amenities to benefit the residential as well as the nearby residents and traveling public. The motion is to leave the square footage that’s there, limit the project to 104 units with retail on the first floor of the main center building on the new site plan, all the landscaping requirements submitted by the applicant is what she is expecting to see come back in the final site plan; and the final development order will also come back for the Board’s consideration.
Commissioner Henley seconded the motion with comments. He said hopefully this is something the people can live with. If they can’t do it, then that’s their problem and not the Board’s; and at least they gave the applicant the opportunity. He said this plan is basically the same look that it was previously.
Commissioner Van Der Weide said he would like to hear what the other side has to say.
Mr. Ryan stated what he is hearing is a whole host of things changing. He said the previous plan takes away the retail and commercial and doesn’t conform to the vision. He thinks this is a parking nightmare that nobody wants to talk about. He thinks it’s up to the Board to contemplate what they have received. He said he’s never seen so much discussion that is physically designing this project. He said he and his wife are scared to death that this is going to completely change the spirit of this town center. He said the applicant never once talked to them. He said he is not withholding reasonable cooperation. If the Board wants to change the whole Byron Anthony Place to commercial and get rid of the residential, that’s something they can talk about and bring the retail out front. He said he knows that is not working today, but the vision is three and four years from now. He stated the density is five times the number of residential components in Colonial Town Center and ten times that if you include the Ashton Woods component. So, the concept that if you bring in more and more apartments, which will somehow resurrect retail is a crazy experience for them. He asked the Board to just vote on the submission that was before them in February.
Commissioner Henley stated it is the Board’s job to try to work out something and it’s not unusual for the Board to take a recess and get the two parties together to try to come up with something they can live with. He said it’s unfortunate that the parties have not already gotten together to see if something could be worked out. Since that had not happened, that’s why they saw what happened today in the form of questioning. If Mr. Ryan’s position is they want more retail and never want more residential, he doesn’t know if they will ever resolve anything.
Commissioner Carey said she thinks the new site plan the applicant was trying to submit by asking for the continuance is a better plan than they had two weeks ago. She said it is unfortunate they had to sit here and try to get through some compromising conditions from the bench, but since the majority Board did not want to continue the request to give the applicant enough time to provide all the information and everyone review and discuss, that’s why they are where they are. She reviewed that her motion did include the age restriction because that makes a difference in the parking. She stated she thinks the people have a right to use the property and to request changes, and they are going to see more and more planning and developments come to the Board as the economy and lending rates change, and there are other changes in the market and industry. The Board will need to be prepared to allow enough flexibility for things to happen. She thinks this gives the utmost amount of flexibility by leaving the office space and retail space square footages at the number it was in the previously approved Development Order and have the applicant follow the Land Development Code to meet all the other requirements.
Commissioner Van Der Weide stated he agrees they will have a lot more of these coming because of the economic downturn; but he doesn’t think the County and citizens are obligated to prop up any businessman that needs to have something changed, that in his mind will work financially, but in the neighbors’ and community’s mind, it will be a disaster. This project has gone through numerous processes over the years. His thinking is that everybody has a right to access the Board and ask for almost anything, but they don’t have to grant it.
Commissioner McLean said they have all this discussion, but the parties have not gotten together to say what can work. He doesn’t see a good reason why that can’t happen. Perhaps that may be the first step.
Commissioner Carey said she would be happy to withdraw her motion and put a motion on the floor for a continuance to September 15 to allow the parties to meet together, but she is not sure at this point, it will make any difference.
Chairman Dallari said since Commissioner Carey’s motion has some interesting caveats to it, if no objections, he would like to allow staff to review those comments and move this item to the end of this agenda. At that time, they will have more dialogue.
Commissioner Henley had no objections and suggested the two parties meet together during this time.
The Board’s consensus was to move this item to the end of today’s agenda.
Chairman Dallari recessed the meeting at 2:53 p.m. and reconvened it at 3:02 p.m.
APPEAL BOARD OF
Proof of publication, as shown on page _______, calling for a public hearing to consider an Appeal of the Board of Adjustment’s decision to deny a variance at 728 Kissimmee Place for a side street (south) setback from 20 feet to 10 feet for a proposed 6-foot privacy fence in PUD (Planned Unit Development) district; property located on the north side of Kissimmee Place approximately 300 feet east of North St. Lucie Street, Julie DeFrancesco, received and filed.
Denny Gibbs, Senior Planner, addressed the Board to present the request, stating she distributed this morning copies of support letters (received and filed) that were received for the Board of Adjustment’s meeting, along with a letter (copy received and filed) staff received this morning from a neighbor immediately north of the applicant’s property, and a copy of the Hollowbrook Homeowner’s Association Architectural Review Board approval (received and filed) for replacement of the fence. She also provided a copy of a map (received and filed) showing other variances approved in the neighborhood. Ms. Gibbs said staff recommends the BCC uphold the Board of Adjustment’s decision to deny the variance.
Michael DeFrancesco, applicant, 728 Kissimmee Place, addressed the Board to state they have been fighting a losing battle with a flood problem, which is why they want to obtain a fence variance. They have tried drainage pipes and digging trenches. He said for years they have been fighting this. He displayed pictures (received and filed) for this past weekend showing the flooding around the pool. Everyone he asks suggests he move the fence out like everyone else has done. He said the Homeowner’s Association stated whatever the County Commission approves, they will go along with. He displayed other pictures (received and filed) showing what they are proposing to do with moving the fence. He said this is not out of spite with their neighbors, and apparently half dozen of the neighbors have said o.k., but the neighbors directly behind him have an issue with what he is proposing.
Chairman Dallari asked Mr. DeFrancesco to explain how moving the fence will help his drainage problem.
Mr. DeFrancesco displayed a picture (received and filed) of other homes in the area, showing on every other corner house in the area how the fence is located, and said they would like to have their fence similar.
Upon inquiry by Commissioner Carey, Ms. Gibbs said she found one fence variance in her records that is located a couple blocks away in the same subdivision.
Jerry Dross, 776 Kissimmee Place, addressed the Board to state at the last meeting they attended, the applicant or homeowner never brought any kind of proof from any plumber or pool company that his problem can’t be fixed. He said the pictures of fences shown by the applicant are of those where there are no entrances to any of the houses on the block. He showed a picture (received and filed) of three houses on the block. He said Mr. DeFrancesco wants to put up a fence with two other houses with complete fronts immediately next to it, and there are none like that in the neighborhood. Further, he said Mr. DeFrancesco wants to go out 15’ which is almost to the curb (picture received and filed showing distance to the curb). He stated where the applicant wants to replant a tree (picture of tree received and filed), you can’t see any cars coming around the block at all. Mr. Dross said after the last meeting, Mr. DeFrancesco cursed them outside, and he has planted bushes that separates their two houses (picture was received and filed), which he thinks was done completely in retaliation. Mr. Dross showed a picture (received and filed) of a trench that was dug by Mr. DeFrancesco. He showed a picture (received and filed) of what he thinks the site will look like when the fence is up. He said the Homeowner’s Association said all they did was tell Mr. DeFrancesco to come before the BCC, but did not give him anything in writing. He stated all the other homeowners in the area are not happy, but they don’t want to get involved. He said the fence will be one of the most ugliest things in the whole development, and it is a beautiful neighborhood where they live.
Pauline Dross, 776 Kissimmee Place, addressed the Board to state if something is broken in her house, she calls someone in to fix it. If Mr. DeFrancesco has this water problem (and probably for a couple of years), then let him fix it; but he hasn’t done anything. She said if that fence comes out and with the big tree, it’s dark and it’s very dangerous if they have to pull out from the garage. You can’t see kids coming around or riding their bikes or people walking; and she feels this is going to be a big hazard.
Mr. DeFrancesco gave rebuttal comments, stating the fence will only come out about halfway what is shown in the picture, and before the Drosses get out of the driveway, they will be able to see what’s coming down the street.
No one else spoke in support or in opposition.
Speaker Request Form from Jerry Dross and Pauline Goodman was received and filed.
Commissioner Carey clarified that the applicant is asking for 10’ and not 15’. Ms. Gibbs referred to the picture and stated it’s actually 20 feet from the existing fence to the back of the sidewalk, and Mr. DeFrancesco is asking to come out half that distance. She also advised that the tree is a right-of-way tree. She explained the applicant is asking for a 10’ variance. She also advised that Traffic Engineering reviews all of these type applications.
Upon inquiry by Chairman Dallari about line of sight issues, Jerry McCollum, County Engineer, said with anything of this nature, he would be concerned about the sight distance.
Ms. Gibbs stated that was checked and found that there was no obstruction to visibility.
Chairman Dallari asked if anyone had looked at this from a drainage standpoint. He said he doesn’t see how moving a fence will address the drainage.
Mr. McCollum stated there are a lot of options, but he has not personally looked at the site. If the Board would like, he will meet with the homeowner and take a look at the situation.
Ms. Gibbs stated she and Lee Shaffer, Engineer, had visited the site and the applicants already have a fence drain between the pool and their house and have quite a few attempts at a drain solution in their yard. They know there are drainage issues, but they did not offer any suggestions whether moving the fence is going to help that.
Mr. McCollum said in looking at the picture, it looks like the land slopes from the existing fence to the road, so potentially if there were a slope, it could possibly help some. The applicant would still have to have some type of slot for the water to get under the fence.
Commissioner Henley stated if the applicant is putting holes in the fence so the water can drain out, he has the whole 20’ as it is and not just 10’.
Chairman Dallari reiterated he has a hard time understanding how moving the fence out is going to help the drainage issue.
Commissioner Carey said Mr. DeFrancesco owns the property and is basically not able to use it whether there is a drainage issue or not. If there is no safety issue by granting the variance; other people in the neighborhood have had a variance; and according to the documents staff provided, the Homeowner’s Association is not opposed, in her mind, she doesn’t know why the Board would not grant the variance.
Commissioner McLean said he tends to look at the situation like the Chairman. The discussion has been whether moving the fence will alleviate the flooding issue, and he has not heard one word that says definitively yes, it would or no, it wouldn’t.
Chairman Dallari recommended denial of the appeal unless the applicant can show proof to the Board for remedies to fix the drainage problem.
Motion by Commissioner McLean, seconded by Commissioner Van Der Weide, to deny the appeal of the Board of Adjustment’s decision, thereby, approving denial of a variance at 728 Kissimmee Place for a side street (south) setback from 20 feet to 10 feet for a proposed 6-foot privacy fence in PUD (Planned Unit Development) district located on the north side of Kissimmee Place, approximately 300 feet east of North St. Lucie Street; as described in the proof of publication, Julie DeFrancesco; Denial Decision on Appeal, as shown on page ______.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
CONSOLIDATED STREET LIGHTING
DISTRICT ORDINANCE AMENDMENT
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance amending and repealing the Consolidated Street Lighting District Ordinance #2010-1, received and filed.
Kathy Moore, Fiscal Services/MSBU Program, addressed the Board to present the request, stating adopting the proposed ordinance will repeal the existing ordinance and establish an amended ordinance that includes the existing MSBU’s, new MSBU for the Veramonte subdivision, and the administrative revisions as provided by staff. If approved, the ordinance will be effective October 1, 2010.
Commissioner Carey corrected the Record that Veramonte is in District 5. She noted that she did not have a copy of the proposed ordinance nor a copy of the map indicated.
Ms. Moore advised the ordinance had been submitted with the agenda item, but she was not aware of what had been printed and distributed.
Chairman Dallari suggested continuance of this item since copies of the ordinance were not distributed to the Board.
Ms. Moore advised this item and the next one are related and the entire assessment roll has to be submitted to the Tax Collector by September 15.
Chairman Dallari recessed this public hearing to come back after copies of the proposed ordinance have been provided to the Board.
Chairman Dallari advised he met with the various Tuskawilla Homeowner’s Association presidents about Jetta Point on August 3 to keep them abreast of what the BCC is doing. He informed them that, at this point, there is no plan to move forward with the property, but the Board is looking at various land swaps and that will report back to the Commissioners at the appropriate time from the Acting County Manager.
Chairman Dallari noted that the Purchasing Department received the annual Achievement of Excellence Award for 2010, which was their 15th award for procurement. He said that is quite an accomplishment and he asked Mr. Forte to let the staff know the Board is extremely proud of them and expressed thanks for their good work.
Chairman Dallari stated he was asked to sign a document addressed to the U.S. Department of Housing and Urban Development for Seminole County communities. There are no dollars associated that would affect the budget, but this could help a lot of needy folks in the County. This came from MyRegion.org. He advised he will be signing that document today.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of letter dated July 29, 2010, from Kirby Green, St. Johns River Water Management District (SJRWMD), to The Honorable Charlie Christ, Governor of Florida, re: SJRWMD’s Tentative Budget Submission for FY 2010-2011. (cc: BCC, County Manager)
2. Letter dated July 29, 2010, from Diane Pickett Culpepper, Bright House Networks, to Chairman Dallari re: Service added to the Switched Digital Video (SDV) System as of August 30, 2010.
3. Notice of Public Hearing received July 30, 2010, to be held on August 12, and August 26, 2010, from the city of Lake Mary to consider a change in zoning from R-1A (Single Family Residential) to DC (Downtown Center) for property located on the NW corner of N. Hollis and Lake Mary Boulevard. (cc: BCC, County Manager, Growth Management)
4. Letter (w/attachment) dated July 30, 2010, from Ray Valdes, Seminole County Tax Collector, to Chairman Dallari re: Proposed Summary page of the 2010-11 Budget for the Office of the Seminole County Tax Collector submitted to the Florida Department of Revenue. (cc: BCC, County Manager)
5. Letter dated August 4, 2010, from Jay H. Exum, Friends of the Wekiva River, Inc., to Chairman Dallari re: Wekiva Island Future Land Use Amendment and PUD Rezoning. (cc: County Manager, Growth Management)
DISTRICT COMMISSIONER’S REPORT
Commissioner Carey advised she received a letter from a citizen (Attorney Morrow) commending Anthony Mozick as an exemplary employee from the Facilities Division regarding return of a lost watch to the citizen. She wanted to share that with the Board.
Commissioner Carey also advised of a nice article in a recent publication about Barbara Hughes, Extension Director. She passed that to the Commissioners for their review. She said the County has “gold” employees who do great things and it’s nice when the Board recognizes them.
Commissioner Carey stated, as a board member of the Florida Association of Counties (FAC), she will be working with Tax Collector Ray Valdes regarding legislation passed last year requiring Tax Collectors in 2015 to provide motor vehicle licensing through the driver licenses. This is an unfunded mandate and proceeds the Tax Collector gives back to the County at the end of every year would be reduced to compensate for that. She thinks this is an important cause for FAC to try to take up to try to get some legislation passed for the counties to collect the share the State currently collects from the Highway Trust Fund.
ITEMS FOR FUTURE AGENDA
John Casselberry addressed the Board to state he had spoken with the Board earlier about the Wekiva Parkway because it seemed in the transportation network it was important to complete. At that time, he did not know that the Maitland Boulevard already connected with it. So it’s not really as incomplete as it looked on the maps he had. From the point of view of their (Orlando-Orange County Expressway Authority) own financial security, it looks pretty healthy. He said he thinks it would be good if the BCC is letting the Orlando-Orange County Expressway Authority build an expressway in Seminole County that they generate revenue to the General Fund of Orange, Seminole, Osceola and Lake counties. He doesn’t think it’s structured that way now. He thinks the most important thing is for the BCC to have some kind of veto power over what the OOCEA does and where they do it. From reading the Interlocal Agreement yesterday, it doesn’t read that way. He thinks the most important item from Seminole County residents’ point of view is that SR 46 looks like a pretty country highway and before the BCC gets into any kind of agreement with the OOCEA that they can’t get out of, they should have a public hearing for the SR 46 area residents first.
Commissioner Carey advised Mr. Casselberry that the Board voted this morning and approved the Interlocal Agreement by a 4 to 1 vote. She said that the public hearing referenced in the Agreement is for the alignment of the road. She further said that the document doesn’t give the Board much of a voice and no guarantees. She also stated the revenues don’t come back to Seminole County, but go to OOCEA.
CONSOLIDATED STREET LIGHTING
DISTRICT ORDINANCE AMENDMENT, Continued
Mr. Forte advised the ordinance being copied is an 81-page document and will take more time than anticipated.
Ms. Moore reiterated this item is time-sensitive because the Ordinance has to be approved and presented to the Tax Collector by September 15, 2010.
Commissioner Carey suggested continuing this item to the second meeting in August (August 24, 2010).
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to continue to August 24, 2010, the request for adoption of an Ordinance amending and repealing the Consolidated Street Lighting District Ordinance #2010-1; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
ASSESSMENT ROLL 2010
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of a Resolution and Certification adopting the 2010 Non-Ad Valorem Assessment Roll, received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to continue to August 24, 2010, at 1:30 p.m., or as soon thereafter as possible, the request for adoption of a Resolution and Certification adopting the 2010 Non-Ad Valorem Assessment Roll; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari recessed the meeting at 3:43 p.m. and reconvened it at 3:50 p.m. with all Commissioners and all other Officials present.
MAJOR AMENDMENT TO SAVANNAH
PARK AT HEATHROW PUD, Continued
Ms. Stettner reported that staff was able to meet with the applicant and opposition, however, the major issue still remains about the amount of retail facing Byron Anthony Place and the parking; and no agreement was able to be reached between the two parties.
Commissioner Carey reviewed her motion and said she tried to address the issues heard from the Board. Commissioner Henley agreed with the motion as stated.
Districts 4 and 5 voted AYE.
Commissioners Dallari, McLean and Van Der Weide voted NAY; whereupon, the motion failed for the lack of majority vote.
Motion by Commissioner Van Der Weide, seconded by Commissioner McLean, to deny the request for a Major Amendment to the Savannah Park at Heathrow Planned Unit Development (PUD) on 9.85 acres located on the west side of International Parkway, between Wilson Road and Wayside Drive, and authorize the Chairman to execute a Denial Development Order, as shown on page _______; as described in the proof of publication, Savannah Meridian Acquisition Group.
Districts 1, 2 and 3 voted AYE.
Commissioners Henley and Carey voted NAY.
Mr. DiGiovanni requested that the motion to deny be done without prejudice so they can continue to work on refining the plan.
Mr. McMillan advised this is a PUD amendment and regarding the 12-month separation, it is handled differently. The only reason the applicant would be prohibited from coming back before the Board is if he brought back the exact same plan. He can come back at any time with a different plan.
There being no further business to come before the Board, the Chairman adjourned the meeting at 3:55 p.m., this same date.