BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 11, 2015
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
11, 2015, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman John Horan (District 2)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Erin Leben
Father John Bluett, St. Stephen’s Catholic
Church, Winter Springs, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Certified Slings was presented.
COUNTY
MANAGER’S CONSENT AGENDA
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda, Items #1 through #17, and public input was
closed.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to authorize and approve the following:
Community Services
Business Office
1. Approve
and authorize the Chairman to execute the Satisfactions of Mortgage for
households assisted under the County's SHIP Home Ownership Assistance Program,
the Rehabilitation Assistance Program or the Reconstruction Assistance Program
for the following: Farida M. Cato; Kelli E. Daniel; Chevon Dawkins; Bettye B.
Dorman; Sarah F. Freeney and Shannon Freeney; Pamela Y. Hardy and Samuel L.
Hardy; Justin Nichols; Shazia Sadler; Lori A. Solitro; Wynell Washington;
Dorothy Williams; Terri Jean Willingham; and Mariela M. Seda. (A-1117-15)
2. Approve participation in the
Florida Department of Law Enforcement's Edward Byrne Memorial Justice
Assistance Grant Program; authorize the Chairman to execute the Certificate of
Participation naming Valmarie H. Turner as the coordinator for the countywide application(s);
and authorize the Chairman to execute any supporting documentation as may be
required for the application(s). (A-1116-15)
Development Services
Planning & Development
Division
3. Approve
the minor plat for the Hammock Estates Subdivision containing 3 lots on 3.31
acres zoned A-1 (Agriculture), located on the north side of North County Road
426, approximately 500 feet east of Lockwood Boulevard; Stephen J. Ratcliff,
Applicant. (A-1028-15)
4. Approve the minor plat for
the Chapman Reserve Subdivision containing four residential lots on 4.63 acres
zoned A-1 (Agriculture), located on the north side of East Chapman Road,
approximately one-half mile east of Alafaya Trail; Stephen J. Ratcliff,
Applicant. (A-1027-15)
5. Approve the plat for the
Wingfield North Partial Replat of Lots 38 and 39 containing 2 residential lots
on 2.83 acres zoned A-1 (Agriculture), located at the north end of Jacana
Court, approximately 884 feet north of Vista Oak Drive; Charles A. Race, First
National Bank of Mount Dora, Applicant. (A-0998-15)
Public Works
Engineering
Division
6. Approve and authorize the
Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area
Metropolitan Planning Organization) FY2015/2016 Funding Agreement in the amount
of $169,429. (A-0961-15)
7. Approve and authorize the
Chairman to execute a Purchase Agreement between Deana Pilot and Seminole
County for property necessary for the construction and maintenance of a
sidewalk along a portion of Station Street.
(A-1102-15)
Resource
Management
Business
Office
8. Approve and authorize the
Chairman to execute Modification #1 to the Subgrant Agreement with the State of
Florida, Division of Emergency Management accepting a $129,724 increase in
funding for the Hurricane Shelter Retrofit Projects; and to adopt appropriate
Resolution #2015-R-134, implementing Budget Amendment Request (BAR) #15-102
through the Public Safety Grants (State) Fund in the amount of $129,724 to
recognize the increase in grant funding and establish budget. (A-1032-15)
Budget and
Fiscal Management Division
9. Approve and authorize the
Chairman to execute appropriate Resolution #2015-R-135, implementing Budget
Amendment Request (BAR) #15-098 through the Public Works Grant Fund in the
amount of $566,230 to recognize grant funding for the construction of the
Spring Lake Elementary/Weathersfield Sidewalk Project. FPN#437456-58/68-01. (A-0995-15)
10. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-136, implementing Budget Amendment Request (BAR)
#15-100 through the General Fund to appropriate budget of $21,672 from reserves
for the procurement of Emergency Medical Dispatch protocol software
upgrade. (A-1030-15)
11. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-137, implementing Budget Amendment Request (BAR)
#15-103 through the Boating Improvement Fund to appropriate budget in the
amount of $35,300 from reserves to be provided to the Cameron Wight Park Boat
Ramp project to fund Change Order #3 to CC-9753-14/AMM. (A-1081-15)
12. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-138, implementing Budget Amendment Request (BAR)
#15-106 through the General Fund to appropriate budget of $100,000 from
reserves, due to mid-year savings, for a Grant Agreement with Leadership
Seminole, Inc. to pursue the development of a community-driven plan to
eliminate homelessness in Seminole County.
(A-1110-15)
13. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-139, implementing Budget Amendment Request (BAR)
#15-107 through various Countywide funds to appropriate budget of $172,200 from
contingency or reserves, due to mid-year savings, for employee one-time
performance payments. (A-1112-15)
Purchasing
& Contracts Division
14. Approve Change Order #3 to CC-9753-14/AMM with
Construct Co., Inc. for Boat Ramp Dock Improvements in the amount of $35,300;
add an additional one-hundred nineteen (119) calendar days to Substantial
Completion; and authorize the Purchasing & Contracts Division to execute
Change Order #3. (A-1083-15)
15. Approve Single Source SS-602349-15/BJC, for
Benefits Administration Software Implementation, Maintenance, Support and
Training Services in the estimated annual usage of $75,000 with PlanSource Benefits
Administration, Inc.; and authorize the Purchasing & Contracts Division to
execute the Software Agreement and issue annual Purchase Orders. (A-1075-15)
16. Award CC-0247-15/AMM, Construction Services
Agreement for School Shelter Retrofits, Phase II in the amount of $486,717 to
Phoenix Architectural Products, Inc. of Smyrna, Georgia; and authorize the
Purchasing & Contracts Division to execute the Agreement. (A-1009-15)
17. Award RFP-602324-15/BJC,
Sponsorship and Naming Rights Sales Agreement for the Seminole County Sports
Complex to Major Display, Inc., Franklin, North Carolina; authorize staff to
negotiate the Agreement; and authorize the Purchasing & Contracts Division
to execute the documents. (A-1085-15)
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S AGENDA
Agenda Item #18 - A-1080-15
Motion by Commissioner Horan, seconded
by Commissioner Dallari, to approve and authorize the Chairman to execute a
Satisfaction of Order Imposing Restitution Lien for Incarceration Costs against
Kevin Robert Keating, in Case Number 03-4076-MMA in the amount of $250, which
was imposed in favor of Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
CLERK’S
OFFICE
Agenda
Item #19 - A-1038-15
Motion by Commissioner
Dallari, seconded by Commissioner Horan, to approve and authorize the following: Expenditure Approval Lists dated July 13 and 20, 2015;
Payroll Approval List dated July 16, 2015; BCC Official Minutes dated June 23,
2015; and authorization to destroy records as identified.
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Letter
to J. Marc Jones, P.A. extending the Legal Services Agreement for Counsel to
the Value Adjustment Board for an additional year (Renewal #2) from September
19, 2015 to September 18, 2016 and copy of the Lawyers Professional Liability
Declaration/Policy #69182 from Florida Lawyers Mutual Insurance Company.
2. Florida
Public Service Commission (FPSC) Consummating Order #PSC-15-0275-CO-WS
regarding increase in water and wastewater rates in Seminole County by Sanlando
Utilities Corporation.
3. Maintenance
Bond #SU1133489 for water and sewer facilities in the amount of $25,158.88 for
the project known as Steeple Chase Phase 2.
4. Development
Orders regarding alcoholic beverage licenses as follows: #15-27500023, Sunoco Maitland, 9725 South Hwy
17-92; and #15-27500022, Paradise Cove Restaurant, 4380 Carraway Place.
5. Development
Order #15-30000056, variance, Bernardo Rivera and Loida Grajales, 1229 Erik
Court.
6. Developer’s
Commitment Agreement #14-20500016, Deer Lakes Planned Development (Final
Development Plan).
7. Work
Order #9 to PS-0219-05, Singhofen & Associates.
8. Amendment
#1 to Work Order #29 to PS-1020-06, SCS Engineers.
9. Amendment
#1 to Work Order #74 to PS-4388-09, Pegasus Engineering.
10. Work
Order #15 to PS-7643-12, Southeastern Surveying and Mapping Corp.
11. Closeout
to Work Order #18 to CC-5075-10, AJC Construction.
12. Work
Order #13 to PS-8072-12, Albeck Gerken.
13. Amendment
#3 to Work Order #6 to PS-8148-12, Keith & Schnars, P.A.
14. Work
Order #25 to PS-8148-12, Keith & Schnars, P.A.
15. Work
Orders #26 and #27 to PS-8148-12, CDM Smith.
16. Closeout
to Work Order #25 to CC-8199-12, C.E. James Inc.
17. Notice
to Proceed for Work Order #29 to CC-8199-12, C.E. James Inc.
18. Work
Order #30 to CC-8199-12, C.E. James Inc.
19. Corrected
Amendment #1 to Work Order #12 to PS-8286-13, Kittelson & Associates.
20. Work
Orders #57 and #58 to RFP-8312-12, Chief Inspection Services.
21. Amendment
#1 to Work Order #2 to PS-8565-13, HDR Construction Control Corp.
22. Change
Order #1 to Work Order #17 to CC-9192-13, Corinthian Builders.
23. Change
Order #2 to CC-9327-14, Atlantic Civil.
24. Closeout
to CC-9660-14, Affordable Development.
25. Closeout
to CC-9706-14, Gregori Construction.
26. Notice
to Proceed for CC-9899-15, Stage Door II.
27. Amendment
#3 to RFP-600747-09, Neel-Schaffer.
28. Amendment
#3 to IFB-601296-11, Carol King Landscape Maintenance.
29. Amendment
#5 to IFB-601656-13, Bound Tree Medical.
30. Amendment
#2 to IFB-602048-14, Design Lab.
31. Amendment
#1 to IFB-602230-15, Cypress Supply.
32. Bids
as follows:
CC-0247-15
from Phoenix Architectural Products; Armor Screen Corp.; Welsh Construction
d/b/a Welsh Companies; Custom Storm Shutters Direct (Declined);
CC-0222-15
from Rowe Drilling Company; Florida Design Drilling Corp.;
CC-0191-15
from CEC Motor and Utility Services; Prime Construction Group; RTD
Construction; TLC Diversified; Central Florida Environmental Corp.; and
RFP-602268-15
from TouchPoint and Hewlett-Packard.
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Motion by
Commissioner Horan, seconded by Commissioner Dallari, to approve the following:
Sheriff’s Office
20. Approve expenditure of $50,000 from the Law
Enforcement Trust Fund to provide funding to Seminole Work Opportunity Program
(SWOP), a not-for-profit organization providing training and work opportunities
for adults with developmental disabilities.
(A-1114-15)
21. Approve expenditure of $1,500 from the Law
Enforcement Trust Fund to provide for a contribution to Brethren Reaching Out
in support of its after-school youth program activities. (A-1105-15)
22. Approve expenditure of $1,300 from the Law
Enforcement Trust Fund for a contribution to New Bridge of Hope in support of
their educational and mentoring programs for at-risk youth. (A-1120-15)
Districts
1, 2, 3, 4 and 5 voted AYE.
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The
Board recessed the meeting at 9:38 a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Commissioner John Horan and Commissioner Lee Constantine who
arrived late, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, 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, 4 and 5 voted AYE.
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Commissioner Horan and Commissioner
Constantine re-entered the meeting at this time.
PUBLIC HEARINGS
OREGON
STREET SUBDIVISION PD REZONE
from
A-1 to PD, CED Strategies, LLC
Agenda Item #23 – PH-2015-153
Proof of publication calling for a public hearing to consider adoption
of an ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned
Development) for a single-family residential subdivision on 9.59 acres, located
on the east side of North Oregon Street, approximately one-quarter mile south
of Orange Boulevard, CED Strategies, LLC, received and filed.
Matt Davidson, Planning & Development Division, addressed the
Board to present the request as outlined in the Agenda Memorandum. He stated the Applicant is requesting a
rezone from A-1 to PD for approximately 9.59 acres in order to develop the
subject property as a 30-lot, single-family residential subdivision. Mr. Davidson stated the required open space
is a minimum of 15% of the property, which is approximately 1.44 acres, and the
Applicant is proposing 3.02 acres. The
Applicant is proposing a ten-foot landscape buffer around the perimeter of the
subject property that will include a six-foot-high masonry wall along the
western property line. The developer
will be required to construct a six-foot-wide sidewalk along north Oregon
Street.
Mr. Davidson noted the Planning & Zoning Commission met on August
5, 2015 and voted unanimously to recommend the Board approve the request. Staff finds that the requested rezone is
consistent with PD Planned Development District and Seminole County
Comprehensive Plan and based on this information, recommend approval of the
request.
Randy Morris, 323 West Trotters Drive, addressed the Board to
introduce Luke Classon, 2300 Maitland Center Boulevard, with IBI Group, as the
engineer for the project. He stated they
agree with staff’s recommendation. He
commented they have had several discussions with property owners surrounding
the subject property over the last couple of months and they had a productive
P&Z meeting where they learned a few things they are going to act on from
that meeting.
Mr. Morris displayed a PowerPoint presentation entitled “Oregon Street
Subdivision Re-Zoning” (copy received and filed) and reviewed the Aerial
Map. He described how the proposed 50-foot
lots are compatible with subdivisions in the area. He stated the width of lots changed during
the Planning & Zoning meeting. He noted
they are looking at homes in this subdivision starting at approximately
$275,000.
Mr. Morris displayed Future Land Use Map and Zoning Map and noted the FLU
map indicates that their zoning request is appropriate for PD zoning.
Mr. Morris reviewed Oregon Street PSP Site Plan and advised the
subject property is right against the Lockhart Smith Canal. Luke Classon, IBI Group, addressed the Board
and referred back to the Aerial Map and indicated on the north side of the
subject property there is a wooded area just west of the Lockhart Smith Canal and
there is a canal that runs from Oregon Street and feeds into the Lockhart Smith
Canal. The County currently does not
have an easement over that canal, but it does collect all the drainage from
Oregon Street as well as the two subdivisions to the west. He stated they would fill in that canal and
provide compensating storage on their property for filling in that flood zone
and then pipe it into the Lockhart Smith Canal from Oregon Street as opposed to
just going to the open ditch that is currently there. Mr. Morris stated they cannot quite figure
out the history of this and how this happened, but he thinks it is one of those
"back in the day" things. He
advised it is going across private property, so they will deal with the issue. He added they have clarified that to the
neighbors.
Upon inquiry by Chairman Carey, Mr. Morris stated there is an easement
for the Lockhart Smith Canal but not for the canal going into the Lockhart
Smith Canal. Mr. Classon clarified the
easement over the Lockhart Smith Canal is 100 feet. He pointed out on the Aerial Map the
conveyance running east/west through the center of the wooded area. He stated the conveyance is about an
eight-foot ditch that collects everything from Oregon Street and feeds to the
east into the Lockhart Smith Canal. He
stated the ditch is the lowest point on Oregon Street in that area. He confirmed for Chairman Carey they intend
to fill the ditch, not the Lockhart Smith Canal.
Upon inquiry by Commissioner Dallari, Mr. Morris confirmed they are
not requesting approval of the Site Plan today. Mr. Morris stated staff is reviewing the Site
Plan simultaneous to the zoning request because they like people to see what
they are going to do, not just do the zoning.
Commissioner Dallari noted they are building two retention ponds and asked
if there will be access to the two retention ponds for maintenance
purposes. Mr. Classon responded yes, that
based on St. Johns River Water Management District (SJRWMD) requirements, they
have to do dry pretreatment for phosphorus nutrient loading requirements. He explained the “dry” will be on the west
side, then they will pipe under the Lockhart Smith Canal and it will feed into
a wet pond on the east side of the canal.
He noted they have been coordinating with Engineering on how they can
accomplish that. He advised there would
be access on the east side and indicated the location of a road on the Aerial
Map. Mr. Morris added that all of what
they are discussing is in the Master Development Plan, which is Exhibit B in
the Agenda Memorandum. Mr. Classon
clarified that Halsey Avenue will provide access to the wet pond on the east
side.
Upon inquiry by Chairman Carey, Mr. Classon stated they are proposing
a PVC fence along Halsey Avenue and a wall along Oregon Street. Mr. Morris referred to the Aerial Map and indicated
the location of the wall at the north/south access on Oregon Street. He added there will be a PVC fence surrounding
the property. Mr. Classon noted it is
similar to what was done in the Silverleaf subdivision.
Mr. Morris reviewed ROW Dedication/5’ Southbound Shoulder and advised
they agreed to donate an additional five feet for shoulder relief, which is a
little bit odd but in this case makes a lot of sense because it is a two-lane
road. He explained when people stop at
the subdivision and make the U-turn in, sometimes they will creep over the
yellow line, and so this gives a little bit of a pull-off and pull-around.
Upon inquiry by Chairman Carey, Mr. Classon advised they are not doing
a right- or left-turn lane and they are proposing to eliminate both because the
majority of the traffic is going to be coming from the south as opposed to the
north. Mr. Morris stated staff requested
they do a traffic analysis of this. He
explained they looked at all the movements from Oregon Trace, the subdivision
to the north, and the vast majority of the traffic is from the south because
that is where all the commercial centers, job centers, I-4 and everything else
is. Mr. Classon explained the traffic
study showed over 90% would be coming from I-4, getting off on SR 46 and then
entering the subdivision from the south and turning right into the subdivision
versus turning left into the subdivision.
Mr. Morris added it would be a right-in/right-out kind of situation. He advised the traffic count indicated maybe
two or three left turns during peak hour into the Oregon Trace subdivision,
which is a huge subdivision compared to what they are proposing. Chairman Carey questioned whether they are
going to put in a right-turn lane heading south to north. Mr. Classon replied they currently are not
proposing one. Mr. Morris added it would
not be required under the County’s rules.
Mr. Morris stated they were asked to do a tree survey, which they are
required to do under the County’s rules anyway.
He advised they are looking for a 40-foot specimen magnolia tree on the
northern boundary that they think is right on the line, but might be on the
northern property owner's line. Once
they find that tree, they will try to divert, where they can, and work with
staff on their fencing to preserve that tree.
James Paris, 955 North Oregon Street, addressed the Board to discuss
his concerns with the retention ditch. He
pointed out the ditch on the Aerial Map and stated there is a big pipe going
into the canal, approximately four or five feet, coming from across the
street. He advised when it rains, it
pours water. If that ditch is filled
without being piped, there will be a flood going down the street. He stated he wanted to bring that to the
Board’s attention because a lot of water comes through there in the
winter.
Chairman Carey stated when they get into the engineering phase of
their project, the Applicants will have to prove the engineering that they are
proposing will work. She explained the
Lockhart Smith Canal is a major canal conveyance for the whole north end of the
county. She noted about eight years ago
there was some extensive work done on the Lockhart Smith Canal to improve it,
including replacing the bridge at Orange Boulevard. She added she is familiar with the drainage
pattern out there. She stated they will
make sure that those engineering concerns are met. Mr. Paris stated he thinks filling that ditch
in would be a major mistake.
Written Request Form for James Paris was received and filed.
Algerina Paris, 955 North Oregon Street, addressed the Board to state
James Paris is her husband. She noted
the Smith Canal is right in their back yard. She stated she grew up on the Smith Canal and
one half of her property is on one side of the canal and one half is on the
other side. The County was nice enough
to put a bridge in her back yard.
Mrs. Paris stated she thinks her husband’s concern is not with the
Smith Canal, but with the drainage that runs east and west from Oregon Street
to the Smith Canal; and if they close it in, there needs to be a pipe because
it is huge. Chairman Carey restated all
this will be addressed in the engineering phase of the project. She relayed there was a cross ditch that ran
from Oregon Street across the property where Silverleaf is being developed now
that went to the Lockhart Smith Canal as well, and they filled it in. She explained the developers have to engineer
where that water is going to go; and if it requires them to divert the water or
whatever needs to happen, they have to pick it up somewhere. They cannot just dump it out on the
residents’ properties or the street.
Mrs. Paris thanked Mr. Morris for looking into preserving the magnolia
tree. She asked where the masonry wall
is going to go because she did not quite understand. Chairman Carey advised when the public input
is closed, Mr. Morris will address their questions.
Mr. Paris questioned who the engineers are that will be looking at the
drainage ditch. Chairman Carey stated
the Applicant’s engineers are licensed professionals and have to sign and seal
the plans in order for them to submit them to the County to be reviewed. She stated the County’s licensed professional
engineers will be reviewing the plans as well as the SJRWMD. Upon inquiry by Mr. Paris, Chairman Carey
advised there will not be a meeting regarding the engineering of the project,
but there is local permitting from the County as well as State agencies that
will be reviewing and permitting it.
Chairman Carey stated if Mr. and Mrs. Paris provide Mr. Davidson their contact
information, he will contact them by phone and make sure they are contacted
when the Applicant submits their engineering plans and let them know what plans
they are proposing.
With regard to public participation, no one else in the audience spoke
in support or in opposition and public input was closed.
Mr. Morris referred to the Aerial Map and indicated the wall will be
built along Oregon Street and the fencing will be around the perimeter of the
property. Chairman Carey summarized the
six-foot masonry wall is only going to be along the entrance of Oregon and then
there will be a six-foot PVC fence around the perimeter of the rest of the
property. Mr. Morris explained this will
give them considerably more flexibility with the fencing versus knocking down
trees and it complies with the County Code.
Regarding drainage, Mr. Morris explained the sheetflow on the
topography goes from west to east, not to the north, directly into the Lockhart
Smith Canal. Treated water from at least
a couple of the subdivisions and “top off” from the roadway goes into the ditch
in question. They are going to close in
the ditch. They will be piping and filling
in the ditch. He advised the pipe will
be an underground, weight-bearing pipe and will comply with all standards. He reiterated all of that has to be approved
by their engineers, County staff, and by the SJRWMD.
Mr. Morris advised if there are other key specimen trees in their
buffer area, they will add to the value of their subdivision. He stated there may be things they want to
save and the fencing will allow them to save them. He added that some jogging of the fencing
with respect to the buffer will help and that is their commitment.
Mr. Morris stated they want to make sure that staff remembers in any conversations
they have with the residents that it appeared as though a tree survey was already
done. He explained they have not
received a tree survey from the folks they sent out there. Some trees may have been tagged but they are
not aware of it. He stated probably when
they put the order in, they will immediately produce the tree survey that was
done when they were out there surveying the lines. He noted they will do their best and also try
to inform the property owners of what trees are savable and what trees will not
be. Mr. Morris explained for Chairman
Carey that they do not think they have ordered a tree survey, but somebody
marked some trees and it was not them.
Mr. Morris stated sometimes they do this in advance because they
anticipate the work is going to be ordered.
Motion by Chairman Carey, seconded by Commissioner Dallari, to adopt
Ordinance #2015-16 enacting a Rezone from A-1 (Agriculture) to PD (Planned
Development); and approve the associated Development Order and Master
Development Plan for a single-family residential subdivision on 9.59 acres,
located on the east side of North Oregon Street, approximately one-quarter mile
south of Orange Boulevard, as described in the proof of publication; CED
Strategies, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
AUDI
SMALL SCALE LAND
USE
AMENDMENT AND REZONE
Agenda Item #24 – PH-2015-135
Proof of publication calling for a public hearing to consider adoption
of an ordinance enacting a Small Scale Future Land Use Map Amendment from High
Density Residential to Commercial and the associated Rezone from Planned
Development (PD) to Retail Commercial (C-2) for approximately one acre located
on the west side of I-4, approximately 130 feet south of Grassendale Terrace,
Roger W. Holler, III, received and filed.
Chairman Carey advised she has a conflict on this item. She has an affiliated firm as a client and
will not be voting.
Brian Walker, Planning & Development Division, addressed the Board
to advise the Applicant is requesting a Small Scale Future Land Use Amendment
from High Density Residential to Commercial and an associated Rezone from Planned
Development (PD) to Retail Commercial (C2) for the purpose of expanding the
parking lot of an existing auto dealership.
He displayed an Aerial Photograph (received and filed) of the property
and indicated the location of the proposed parking lot. Mr. Walker presented the request as outlined
in the Agenda Memorandum.
Mr. Walker noted the Planning & Zoning Commission met on August 5,
2015 and voted unanimously to recommend approval of the request and staff also
recommends approval of the request.
David Stokes, Madden Moorhead & Glunt, addressed the Board on
behalf of the Applicant to state they agree with staff’s recommendations and
offered to answer any questions the Board may have.
With regard to public participation, no one in the audience spoke in support
or in opposition and public input was closed.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance
#2015-17 enacting a Small Scale Future Land Use Map Amendment from High Density
Residential to Commercial; and adopt the associated Ordinance #2015-18,
enacting a Rezone from Planned Development (PD) to Retail Commercial (C-2)
district for approximately one acre located on the west side of I-4,
approximately 130 feet south of Grassendale Terrace, as described in the proof of
publication; Roger W. Holler, III.
Districts 1, 2, 3 and 4 voted AYE.
Chairman Carey abstained from voting and
submitted a Memorandum of Voting Conflict Form.
AMENDMENT
TO THE CONSOLIDATED
STREET LIGHTING DISTRICT ORDINANCE
Agenda Item #26 - PH-2015-112
Proof of publication calling for a public
hearing to consider an Ordinance amending the Consolidated Street Lighting
District, repealing and replacing Ordinance #2014-43 to create the Sedona Point
Municipal Services Benefit Unit [MSBU] and to adopt initial assessment rolls,
received and filed.
Kathy Moore, MSBU Program Manager,
addressed the Board to state the public-funded streetlights in unincorporated
Seminole County are funded through non-ad valorem assessment, which is
coordinated through the MSBU program, which is governed through the
consolidated street lighting ordinance.
The consolidated street lighting ordinance is presented for revision as
new MSBUs are proposed and as administrative updates are identified.
Ms. Moore stated the ordinance amendment
presented today includes staff’s recommendation for creating the Sedona Point
MSBU, which was initiated by community application and carried a petition
support of 67%. It is in Commission
District 5. The amendment also includes
the adoption of the initial assessment roll for the Sedona Point MSBU and the
adoption of the initial assessment roll for the Lincoln Heights MSBU which was
created in August 2014. Staff is
requesting approval of the revised Consolidated Street Lighting Ordinance. If
approved, the Ordinance will be effective October 1, 2015.
With regard to public participation, no one
in the audience spoke in support or in opposition and public input was closed.
Emails from Robert Conte and Chester
Brummett regarding the Sedona Point MSBU were received and filed.
Motion by Commissioner Horan, seconded by Commissioner Constantine, to
approve and authorize the Chairman to execute Ordinance #2015-19 amending the
Consolidated Street Lighting District, repealing and replacing Ordinance
#2014-43, to create Sedona Point Municipal Services Benefit Unit (MSBU); and to
adopt the initial assessment rolls for Lincoln Heights MSBU and Sedona Point
MSBU, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
2015 NON-AD VALOREM ASSESSMENT ROLL
Agenda Item #25 – PH-2015-113
Proof of publication calling for a public
hearing to consider approval of a Resolution adopting the 2015 Non-Ad Valorem
Assessment Roll with certification provided to the Seminole County Tax
Collector, received and filed.
Kathy Moore, MSBU Program Manager,
addressed the Board to state the purpose of this public hearing is to provide
opportunity for public input prior to the Board adopting and certifying the
consolidated Non Ad-Valorem Assessment (NAVA) Roll for Tax Year 2015. Ms. Moore explained the Assessment Roll
presented is a listing by parcel of assessments levied to fund public services
that offer a special benefit to properties on a localized basis. These services include street lighting,
residential solid waste management, lake and aquatic vegetation management, as
well as essential construction such as road paving, metered water service
lines, wastewater conveyance, lake retention pond restoration and neighborhood
wall reconstruction. She pointed out that typically these services are
provided in response to the request of property owners.
Ms. Moore advised that the MSBUs for which
the 2015 assessments are levied were established previously by ordinances
adopted at various public hearings. The
assessment rates for the MSBUs that have variable rates were authorized by the
Board by Resolution on May 12, 2015. She
added that as required by Florida Statute, a notice of the proposed assessments
was mailed in July to the owners of all properties listed in the 2015
Assessment Roll. The Assessment Roll
presented today is based on mailed notice data and the Consolidated Street
Lighting Ordinance amended today. The
final roll to be submitted to the Tax Collector by September 15th
for inclusion on the 2015 Property Tax Roll will include minor updates to
accommodate property record changes initiated by the Property Appraiser and
also residential solid waste service option changes. Ms. Moore noted that a rate reduction from
$165 to $155 per unit is reported for the Bear Lake Circle MSBU due to a delay
in equipment installation. Staff requests
that Board adopt and provide certification of the 2015 Non-Ad Valorem
Assessment Roll.
Ms. Moore submitted an information package
into the record.
Ms. Guillet advised the NAVA Roll did not
print as an attachment in the Agenda and she wanted to ensure a copy of it was
entered into the record. Ms. Moore
stated the complete NAVA Roll is hundreds of pages but she has it on a thumb
drive. Commissioner Horan noted the
thumb drive containing the 2015 NAVA Roll was entered into the record.
With regard to public participation, no one in the audience spoke in
support or in opposition and public input was closed.
Written
Public Commentary in response to Non-Ad Valorem Assessment Notice was received
and filed.
Motion by Commissioner Horan, seconded by Commissioner Constantine, to adopt
appropriate Resolution #2015-R-140, adopting the 2015 Non-Ad Valorem Assessment
Roll with certification provided to the Seminole County Tax Collector.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S REPORT
Motion
by Chairman Carey, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2015-R-141, commending Jennifer Finch for her service on the
MetroPlan Citizens’ Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Carey announced that this morning
Diane Crews has been selected as the next president of the Orlando Sanford
International Airport. She will be the
first woman to serve in that position, and will take the reins in the beginning
of October. President Dale will continue
to serve until September 30th, and the transition will happen at
that time.
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Ex parte communications from Chairman Carey
were received and filed.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Copy of
letter dated July 16, 2015 from Petrina Herring, Bureau Chief of Florida
Department of Law Enforcement, to Chairperson Carey RE: Federal Fiscal Year (DDY) 2015 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, JAG Countywide, State
Solicitation. (C: Mayors in Seminole
County; Law Enforcement Agencies in Seminole County; Current JAG Project
Directors in Seminole County)
2.
Letter and
attachments from Alan Van Lewen, Florida Department of Health, to Chairperson
RE: request for annual emergency medical services (EMS) county grant funds.
3.
Letter
dated July 27, 2015 from Marva Johnson, Bright House Networks, to Commissioner
Carey RE: upcoming changes to cable programming lineup. (C: Nicole Guillet; Matt Chesler; Michel
Champagne)
4.
Letter
dated July 28, 2015 from David Johnson, Seminole County Property Appraiser, to
Chairman Carey RE: 2015-2016 Seminole County Unincorporated Road District’s
proportionate share of final budget.
5.
Letter
dated July 28, 2015 from David Johnson, Seminole County Property Appraiser, to
Chairman Carey RE: 2015-2016 Seminole County/Municipal Fire District’s
proportional share of final budget.
6.
Letter
dated July 28, 2015 from David Johnson, Seminole County Property Appraiser, to
Chairman Carey RE: 2015-2016 Seminole County Board of County Commissioner’s
proportionate share of final budget.
7.
Copy of
letter dated July 28, 2015 from Chairman Carey to Norton Bonaparte, Jr., City
of Sanford City Manager, RE: Seminole County/City of Sanford Joint Planning
Agreement. (C: City of Sanford Mayors
and Commissioners; Tom George, Deputy City Manager; Russ Gibson, Sanford
Planning & Development Services Director; Nicole Guillet, County Manager;
Bruce McMenemy, Deputy County Manager; Meloney Lung, Assistant County Manager;
Tina Williamson, Development Services Director; Rebecca Hammock, Planning &
Development Manager)
8.
Copy of
letter dated July 28, 2015 from Chairman Brenda Carey to Orange County Mayor
Teresa Jacobs RE: the I-4 “Beyond the Ultimate Project” task force. (C: Jim Harrison, Orange County Director of
Regional Mobility)
9.
Letter
dated July 29, 2015 from Brian Garrity, National Procurement Institute, to
Chairman Carey RE: Seminole County’s Procurement Department earning the 2015
Annual Achievement of Excellence in Procurement Award. (C: Ray Hooper, Purchasing & Contracts
Manager)
10. Copy of letter and attachment dated July
30, 2015 from Ray Valdes, Seminole County Tax Collector, to Chairman Carey RE:
proposed 2015-2016 Budget for the Office of the Tax Collector. (C: Nicole Guillet, County Manager;
Commissioner Dallari; Commissioner Horan; Commissioner Constantine;
Commissioner Henley)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Dallari referred to a letter
from Dr. Walt Griffin, Superintendent of Seminole County Public Schools, to
Commissioner Pam Stewart, Florida Department of Education, (copy received and
filed) regarding the School Board and standardized testing. He stated he wants to make sure everybody gets
a copy of the letter because he hopes to have some discussion when they come
and talk to the Board during the work session.
Chairman Carey stated Dr. Griffin is scheduled on the Agenda to make a
presentation regarding testing at the next meeting. Commissioner Dallari reiterated he just
wanted to make sure everyone had the letter.
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Commissioner Dallari stated he received a
packet from AquaFiber (copy received and filed). He advised that towards the end of the fiscal
year, AquaFiber will be leaving Lake Jesup and they want to talk to the Board
about creating a public/private partnership to continue their work. He requested the County Manager distribute
the packet as he would like to have some dialogue on that in the Budget Work
Session to see if there is consensus to continue that if it makes sense from
the County's perspective. Chairman Carey
stated that would be to address the TMDLs in Lake Jesup and what the effect of
that has been.
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Commissioner Horan advised that as
requested at the Budget Work Session, he has completed a draft letter to the
Legislative Delegation. He has submitted
it to the Clerk and also to the Chief Judge for review and the letter should be
ready for signature within the day.
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Commissioner Constantine reported the
Florida Trust for Historic Preservation had a Welcoming Reception in Sanford on
August 7th. He received
reports from them that they were very pleased with the facilities, the
generosity of staff and everything that went forward at the reception, and they
requested he convey that to the rest of the Board.
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Commissioner Constantine reported on August
22nd, the Central Florida Zoo will have their major fundraiser and
the theme this year is “The Great Catsby.”
He confirmed for Chairman Carey that tickets are available and can be
purchased through the Zoo.
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Commissioner Constantine announced that on
August 14th, Charity Challenge will give this year's proceeds of
nearly a quarter of a million dollars to 78 different charities, many of which
are from Seminole County. He stated he
is going to break it down between Seminole County and Orange County so that
everybody can see just how much goes to the various charities. He noted Charity Challenge is still an
all-volunteer organization and the total raised over the years is $5.675
million.
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Commissioner
Constantine reminded the Board that they had a great deal of debate, he
believes late last year, about changes in the definitions of the Code regarding
calculations of densities. The
difference was with right-of-ways and power lines and that they would be added
in an inclusion. He added they now have
a large representation of the new Code and there is a 15% increase in
development, so it was not a small change as some people had indicated. He commented though many times,
people do not develop at the total density that they are allotted. As an example regarding today’s agenda item,
Oregon Street Rezone, they were allotted 31 lots and will only use 30; but
still that was up from 27 that they would have been allotted previously. He stated this is no reflection on any
individual project; he just wanted to let the Board know that this does have an
impact on development and density in the communities.
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Chairman Carey reported at the Orlando
Sanford International Airport, domestic travel is up 15% from last year and
international travel is down 14%. She
noted international travel is usually down in the summertime.
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Chairman Carey stated the Central Florida
Landlord Summit to address homelessness was on July 29th at the
Sheraton Orlando North and it was a great way to introduce the opportunities
that are coming on-line for the chronically homeless as well as open doors for
family housing through rapid re-housing.
She mentioned it will also add additional units for veterans. There is a goal in Central Florida to have all
of the homeless veterans housed by the end of the year. She stated there were over 180 attendees and
over 100 landlords, and nearly all the landlords in attendance stayed for the
breakout sessions to further discuss how they could help with this issue.
Chairman Carey advised Joel John Roberts,
CEO of PATH (People Assisting the Homeless), was the keynote speaker of the
Landlord Summit. PATH is based in Los
Angeles which is the number one site for homelessness in the country. They were established in 1984 and have grown
to have 12 facilities throughout Southern California. PATH is the largest provider of rapid
re-housing services in California and they also provide supportive service,
permanent housing development, support for homeless families and community
engagement. They have 1,000 units of
permanent supportive housing completed and/or in development. She opined it was very interesting to have an
opportunity to talk to Mr. Roberts and she asked staff after the meeting was
over if they could take a minute to talk to him for some lessons learned.
Chairman Carey stated they have all been
trying to learn lessons and not re-create the wheel on the solution to
homelessness. Commissioner Dallari
traveled to Texas and others have looked at various sites. She mentioned Phoenix, Arizona is another
place where they have done some really unique things on the homeless
front. She hopes that the House and
Federal government will take up the homelessness issue. She stated they will continue to be focused
on the homelessness issue and it is on their priority list; however, they
cannot solve it alone. She thinks the point
of this Landlord Summit was to try to get the landlords to come forward to
understand that renting to a homeless person today is a little different than
it has been in past due to all the support services and case management that
comes along with it now.
Chairman Carey felt the outcome of the
Landlord Summit was very good. She added
Ms. Guillet was there as well as Valmarie Turner, Community Services Director,
and her team, and she remarked they are doing a great job of leading the way on
the homelessness issue.
Commissioner Horan questioned if the 1,000
units of permanent supportive housing through PATH were existing units or
constructed units. Chairman Carey stated
over time, PATH has either bought them, built them, developed them or done them
in partnership. Upon inquiry by
Commissioner Horan, Chairman Carey advised according to PATH, the units they
develop are funded mostly with private contributions. She added PATH has a public/private
partnership approach, which is similar to what they have been talking about locally.
They are a family of public, private and
faith-based agencies working together to end homelessness. She reiterated not one agency alone can solve
the homelessness problem.
Chairman Carey advised she would distribute
Mr. Roberts’s card to the Commissioners so they can contact him directly.
COUNTY ATTORNEY’S REPORT
Mr. Applegate reported the Putnam County
Environmental Council’s challenge to the Fourth Addendum to the St. Johns River
Water Management Plan, which makes the St. Johns River an alternate water site,
will be heard by Florida Land Water Adjudicatory Commission (FLWAC) on
September 1st. Seminole
County is represented by Edward P. de la Parte, Jr. and Nicolas Porter, de la
Parte & Gilbert, P.A. He stated he
talked to them both yesterday and early this morning and they will advise him
if they need anyone to come up to testify.
He noted Mr. de la Parte and Mr. Porter have reminded him that the Board
should not contact members of FLWAC since it is a quasi-judicial
proceeding.
Mr. Applegate advised there are two issues
that will be decided. They will decide the
major appeal and also decide whether or not Seminole County is an intervenor or
just filing an amicus. He explained that
is an important decision because if FLWAC rules against them as an intervenor, Seminole
County has a right to an appeal and with an amicus, it is doubtful. He stated he will keep the Board posted on a
regular basis as things progress between now and September 1st.
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Mr. Applegate advised he is working on a
plan with staff to update the overall plan on how notices are provided for the
advisory committees. He stated he has
not spoken with the County Manager yet regarding this, but the thought would be
that each department designate a staff person to work with the advisory
committee, if they have not already, because these members are volunteers and
it should be upon the staff to make sure that the notices are timely, which
they usually are.
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Mr. Applegate stated at the last meeting,
he mentioned FACA (Florida Association of County Attorneys) would be having a
conference call with committee chairmans on preemption and unfunded
mandates. Each committee has already
started their project and he opined it has been fascinating to see some results
already. Among the strategies they are
trying to attack, one is that they are preempted on regulating farming, but at
the same time, they are given unfunded mandates to regulate fertilizers. He stated they are trying to develop talking
points and strategies on how to address those issues.
Chairman Carey questioned whether there
would be an opportunity for public comment at the hearing that is going to be
before the Commission because it is a quasi-judicial hearing. Mr. Applegate stated he thinks there would be
but he will confirm with Mr. de la Parte because as of this morning, they were
not sure whether or not anyone was going to be allowed to testify. He stated he will be making daily phone calls
to them.
ITEMS FOR FUTURE AGENDA
John Casselberry, 700 Lost Lake Lane,
addressed the Board to state he went to a City of Casselberry Lakes Management
meeting and told them about the project the County had around Big Tree Park for
processing for pollution and asked if they could do it in Casselberry. He advised that Kelly Brock, City of
Casselberry, got into a discussion about the cost of the alum treatment and it
could be as low as $10 per pound of phosphorus extracted if put directly in a
lake or it could be as much as a $1,000 or more per pound if it goes through a
lot of pollution control treatment mechanisms.
He recommended the Board get a copy of what Mr. Brock said at that
meeting. He suggested if the objective
is to clean phosphorus from Lake Jesup, they might want to do it directly in
the lake or maybe just do little treatment in the areas where it produces a lot
of phosphorus before it gets into the lake.
Mr. Casselberry stated he looked at the Big
Tree Park area last Thursday for the first time since the 90s. It was the first time he saw the burned tree
and he thinks it is pretty grim looking. He stated there are cypress knees inside and
outside of the fence line and they have some green algae on them. They are not sprouting anything as far as the
beginning of another tree so it really needs to be cleaned. Chairman Carey advised they decided to leave
the burned tree there as a reminder of what a disaster can occur due to illegal
drug activity. She advised a clone has
already been planted in the park and there has been a request from someone to
come and get some DNA from it to clone additional trees.
Mr. Casselberry discussed his concern with
a big bulge in the side of the remaining tree and stated it looks like the tree
is reacting to some kind of irritant.
Commissioner Horan mentioned the exhibit,
the Senator’s Sculptures: Ancient Wood Reborn, is on right now at the Museum of
Seminole County History where you can actually see the works of art that have
been prepared. He announced that the
last time to have the opportunity to attend an event where you can talk to the
artists is going to be 7:00 p.m. on August 26th. He added it is a really unique opportunity to
address the artists who are there displaying the works of art that they have
made out of the Senator. Commissioner
Horan stated he thinks the exhibit is closing in September and they will have
the closing ceremony. At that point
there will be a permanent exhibit and then they will decide about the traveling
exhibit.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 2:26 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
el