BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 23, 2011
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 23, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Circuit Court Maryanne Morse
County Manager James Hartmann
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Pastor Wes Tanksley, Riverwalk Church of God, Sanford, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Michele Katz, Executive Director for the Seminole County Healthy Start Coalition, addressed the Board to give an update on the coalition. Ms. Katz distributed several handouts (received and filed) and stated that the coalition’s mission is to assist pregnant women and babies, up to the age of three, to insure optimal growth and health and to decrease maternal and infant mortality in the county. She advised that there will be a gala on October 14 at Oakmonte Village and noted that the Mayor of Lake Mary, David Mealor, and the President of the Urban League of Central Florida, Allie Braswell, will be speaking.
COUNTY MANAGER’S CONSENT AGENDA
James Hartmann, County Manager, addressed the Board to advise that under the Consent Agenda, Item #4, Community Development Block Grant funding for the Old Midway Elementary School, and Item #17, Perpetual Easement conveying property to FDOT, are being withdrawn and will be brought back at a future date. With regard to Item #16, First Amendment to Soldier’s Creek Park Agreement, Mr. Hartmann advised that a revised agreement was distributed to the Board last week.
Commissioner Henley requested that Item #3, Facilities Use Agreement for former Midway Elementary School building, be brought back to the Board when Item #4 is brought back. Chairman Carey requested that it stay on the agenda because she feels that since the community center has been closed for four years, this would be a temporary opportunity to get it back open. Item #3 was pulled for a separate discussion.
With regard to Item #9, Commissioner Horan advised that he has been in contact the Seminole County Housing Authority concerning the bidding process. Regarding Item #15, Commissioner Horan stated that he is glad that the County is going to become part of the River of Lakes Heritage Corridor Scenic Highway since it costs the County nothing.
With regard to Item #16, Commissioner Horan stated that the item evidences the Board’s intention to assist the School District in any way that they can. Chairman Carey noted that the Item #16 revised agreement lists Sandy Robinson as School Board Chairman and stated that the current Chairman is Dede Schaffner. She requested that the document be corrected before sent to her office for signature.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize and approve the following:
County Manager’s Office
Purchasing & Contracts Division
2. Approve and authorize the Chairman to execute the Agreement, as shown on page _______, for the reimbursement to Vistawilla Office Center, LLC, for one-half of certain expenses they incurred between September 1, 2007 and January 31, 2010 in anticipation of the development of Jetta Point Park. The total of these expenses is $23,917.85, with the County reimbursing $11,958.92.
4. Pulled from the agenda request to approve and authorize Community Assistance to make available to the School Board of Seminole County up to $275,000 in Community Development Block Grant (CDBG) funding to install a new lift station and sanitary force main and to purchase any easements as necessary to the Old Midway Elementary School located at 2251 Jitway Avenue, Sanford, Florida.
5. Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to Human Services Associates, Inc. Agreement with Seminole County to increase case management and administrative costs for services due to the increase in participants referred to the Seminole County Drug Court.
6. Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to Glacier Consulting, Incorporated Agreement with Seminole County to assist in implementation of Adult Drug Court Grant Program.
Community Assistance Division
7. Approve and authorize the Chairman to execute the Amendment, as shown on page _______, to Child Protection Team Services Agreement between Seminole County and Kids House of Seminole, Inc. for monthly reporting to the County with respect to the medical assessment services rendered pursuant to the Agreement.
8. Approve the Substantial Amendment to NSP3 and authorize the Community Assistance Division staff to notify the U.S. Department of Housing & Urban Development (HUD) of the Amendment.
9. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to the CDBG 2010-2011 Subrecipient Agreement between Seminole County and the Seminole County Housing Authority.
10. Approve and authorize the Chairman to execute the Federally-Funded Subgrant Agreement, as shown on page _______, (2011/2012 Community Services Block Grant Award) between the Florida Department of Community Affairs and Seminole County in the amount of $147,480.
11. Approve the release of the original Water & Sewer Maintenance Bond #58665944 for the project known as Colonial Roadway Water Infrastructure in the amount of $5,962.67. (Colonial Realty Limited Partnership)
12. Approve the Assignment and Amendment of Conditional Utility Agreements, as shown on page _______, for Water and Sewer Service for the project known as Donnie Meyer RV. (Southern Pride LLC)
Solid Waste Management
13. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _______, for Keller Outdoor, Inc.
Planning & Development Division
14. Authorize the release of the balance of the Developer's Cash Completion Bond and Escrow Agreement for Road Improvements in the amount of $292,084.60 for Howell Branch Cove. (Howell Branch Cove, Ltd.)
15. Adopt appropriate Resolution #2011-R-151, as shown on page _______, supporting the addition of Seminole County into the River of Lakes Heritage Corridor Scenic Highway designation for 9.7 miles of roadway encompassing the scenic route around Lake Monroe; and authorize the Chairman to execute the supporting resolution, based on staff findings. (Seminole County)
Greenways & Natural Lands Division
16. Approve and authorize the Chairman to execute the First Amendment, as shown on page _______, to Soldier's Creek Park Agreement for the joint use of the Environmental Studies Center in exchange of funding assistance to the School Board for the Center and the Student Museum.
17. Pulled from the agenda request to adopt resolution and authorize the Chairman to execute a Perpetual Easement conveying property identified by FDOT as Parcel Number 800.1R to the State of Florida Department of Transportation for improvements to Interstate 4 (State Road 400).
18. Approve and authorize the Chairman to execute the Fiscal Year 2011/2012 Annual Certified Budget Form, as shown on page _______, required to establish the Seminole County Mosquito Control Program as a State approved program and to secure eligibility to receive grant funds.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve and authorize the Chairman to execute the Facilities Use Agreement with the School Board of Seminole County for the former Midway Elementary School building to be used as the Midway Community Center with an estimated annual expense of $32,536, presented.
Meloney Lung, Director of Central Services, addressed the Board to state that the Facilities Use Agreement is a temporary document that will allow them to use the facility until July 31, 2012. By using this method, they don't need to have the sewer line in. If it takes another year to do the sewer line, they would need to extend the agreement.
Joe Forte, Deputy County Manager, addressed the Board to state that DEP will not permit the existing septic system because it was constructed under the School Board's building codes at the time. Because they are going in and changing the use of the facility from a school to a community center, the septic system will not pass and the DEP will not permit it. Under the temporary Facilities Use Agreement, the School Board will allow them to go in and use the facility while they go through the motions of bringing the sewer line to the facility.
Commissioner Dallari asked what will happen if Item #4, which was continued today, does not come back to the Board or is not approved by the Board. Mr. Forte stated that the Facilities Use Agreement is temporary until such time as there is the sewer line. If they don't pass the obtainment of the sewer line, the agreement goes away.
Commissioner Dallari stated that even though Items #3 and #4 are not directly related, there is a relationship between the two. Mr. Forte stated it is a lead-up to a permanent lease which they are planning on bringing forward as a 20-year commitment. Commission Dallari advised that he believes the two items should be heard at the same time.
Upon inquiry by Commissioner Henley, Ms. Lung explained that the estimated cost of $32,536 represents the electricity, the cost to have someone on site during the rental (a School Board requirement), the janitorial costs to clean after usage and replacing the filters in the air conditioning.
Discussion ensued with regard to the cost of running the previous community center versus this new facility.
Commissioner Henley stated that he is hesitant to start a service that they don't know if they will be able to continue without Item #4 which is why he believes Items #3 and #4 should be considered at the same time. He stated he will not be supporting Item #3 as it is now.
Commissioner Dallari stated that he is in favor of doing the community center but has an issue in telling the community that you are moving forward with the community center when they don't know the final pieces and how it is going to work. He believes it all needs to be done at the same time.
Chairman Carey advised that the community was told at the last community meeting a couple of weeks ago that the County was going to move forward with the temporary use agreement, that it would be before the Board, and then the final agreement would come back to the Board at a later date. She stated she had asked staff, with regard to the sewer issue, to look at whether or not there was a better way to run the sewer that would help serve the homes in the community.
Discussion ensued with regard to installation of the sewer system.
Upon inquiry by Commissioner Horan, Mr. Forte advised that he has gone to DEP and requested a waiver. DEP will not grant a waiver.
Chairman Carey suggested that they, as the County, should ask for a waiver since they have a good relationship with DEP. She stated that as a community center, there will be an occasional use, not 5 days a week, 52 weeks a year.
Commissioner Henley stated that he talked to Mike Napier, with the Seminole County Health Department, to ask who the County could appeal to, the name of the individual, and any documents that they had received from DEP in regards to this issue. Commissioner Henley distributed an e-mail (received and filed) that he received from Mr. Napier.
Commissioner Henley advised that in talking with Dr. Vogel, with the School Board, he had learned that the Safe Harbor building has been open in the mornings and is being used by the community adults for some activities. He stated that he has concerns that if the County enters into the agreement and the community wants to use the facility for more than an occasional use, the cost will be driven up in regards to it. The extent of the use needs to be made plain at the outset.
Commissioner Henley discussed others that might want to use the facility. He stated he does not know if the School Board has the authority to grant the use of the facility. DEP could call and say you don't have permission without doing the other.
Mr. Forte advised that the sewer issue and the cost to fund the sewer won't come back to the Board until the end of October or November because they have to amend the One-Year Action Plan which has advertisement requirements. Upon inquiry by Chairman Carey, Mr. Forte stated they will bring the complete lease back at the same time.
Chairman Carey stated that she is going to support the request because the County has been talking about what they were going to do to replace the community center for four years. She stated that the community is not able to use Safe Harbor for community events. She feels like the community has waited long enough. This would get them in there.
Motion by Commissioner Henley to deny the request to approve the Facilities Use Agreement with the School Board of Seminole County for the former Midway Elementary School building to be used as the Midway Community Center with an estimated annual expense of $32,536 and to bring the item back with Item #4.
Commissioner Dallari asked Commissioner Henley to amend the motion to continue this item until Item #4 comes back to the Board. Commissioner Henley accepted the amendment.
Commissioner Dallari seconded the motion.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve and authorize the following: Expenditure Approval Lists, as shown on page _______, dated July 25 and August 1, 2011; Payroll Approval List, as shown on page _______, dated July 21, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk's “received and filed”:
1. Work Orders #18 and #19, as shown on page _______, to CC-2183-07.
2. Amendment #1, as shown on page _______, to Work Order #19 for PS-4388-09.
3. Change Order #1, as shown on page _______, to Work Order #12 for CC-2183-07.
4. Amendment #1, as shown on page _______, to Work Order #67 for PS-1529-06.
5. Change Order #2, as shown on page _______, to Work Order #39 for CC-2184-07.
6. Change Order #1, as shown on page _______, to Work Order #13 for CC-2183-07.
7. Recorded Permanent Drainage and Sidewalk Easement, as shown on page _______, granted to Seminole County by CR Ranch of Oviedo, LLC, regarding Parcel Tax I.D. #11-21-31-300-0440-0000.
8. Notice to Proceed, as shown on page _______, regarding Work Order #15 to CC-2183-07, 2490 W. 18th Street.
9. Change Order #3, as shown on page _______, to Work Order #39 for CC-2184-07.
10. Amendment #2, as shown on page _______, to Work Order #48 for PS-5174-04.
11. Work Order #94, as shown on page _______, to PS-1074-06.
12. Development Orders, as shown on page _______, approved by the Board of Adjustment for the following: Harry Holan, 264 Spartan Drive; George Jaconetti, 2228 Earleaf Court; Patricia A. Long, 993 Virginia Avenue; Kevin & Elizabeth Tippett, 449 Village View Lane; Michael K. & Janet M. Morris, 1051 Gregory Drive; Frank & Suzanne Alexander, 207 Citrus Drive; John J. Marshall, Cecelia Drive vacant lot; John J. Marshall, 3101 Cecelia Drive; Tirsa Becerra, 308 Quail Court; Sergio & Andrea Menendez-Aponte, 1220 Wellington Terrace; Michael & Jennifer N. Dequattro, 2929 Bermuda Avenue; Martha Bullman, 3569 Foxcroft Circle; Claricanna Moreau, 3191 Windchime Circle W.; ENGB Prop., LLC, FASSB Inv., LLC & SEI Custom, LLC, 2905 Bermuda Avenue; Graziano & Lucille Marchi, 3001 Orleans Way; Segismundo Valdivieso, 3007 Windchime Circle; Dominique Kaiser, 2895 Bermuda Avenue N.; and Nicolas & Holly Mora, 3100 Orleans Way S.
13. Closeout, as shown on page _______, of Work Order #28 to CC-2184-07.
14. Work Order #11, as shown on page _______, to PS-5438-10.
15. First Amendment, as shown on page _______, to IFB-600613-09, Law Enforcement Supply.
16. Amendment #3, as shown on page _______, to IFB-600319-08, Ferguson Waterworks.
17. Tennis Developmental Instructor Agreement, as shown on page _______, with Omeed Noghrehkarbaboli.
18. Work Order #12, as shown on page _______, to RFP-3261-08.
19. Amendment #2, as shown on page _______, to Work Order #10 for M-5004-09.
20. Change Order #3, as shown on page _______, to Work Order #37 for CC-2184-07.
21. Change Order #1, as shown on page _______, to Work Order #38 for CC-2184-07.
22. Amendment #1, as shown on page _______, to IFB-600770-10, Mueller Service Co., LLC.
23. Notice of Hearing from the Florida Public Service Commission regarding Docket No. 110009-EI, Nuclear Cost Recovery Clause.
24. Notice of Public Hearing from the Florida Department of Transportation regarding the SR 436 at Robin Road Project in Altamonte Springs.
25. Amendment #2, as shown on page _______, to RFQ-5888-10, Wharton-Smith, Inc.
26. Closeout, as shown on page _______, of CC-6200-10.
27. Notice to Proceed, as shown on page _______, for Work Order #17 to CC-2183-07, 2371 Jitway Avenue.
28. Memorandum, as shown on page _______, to Jim Hartmann, County Manager, from Brett W. Blackadar, Principal Engineer, regarding authorization to change the period for service coverage and approve payment of invoice for Work Order #66 to CC-1284-06.
29. Closeout, as shown on page _______, of Work Order #27 to CC-2184-07.
30. Memorandum, as shown on page _______, to Jim Hartmann, County Manager, from Joseph R. Abel, Leisure Services Director, regarding unauthorized purchase, violation of Purchasing Code, Section 220.16.
31. Assignment, as shown on page _______, of UCF Partnership Agreement to the UCF Research Foundation, Inc., per approval by the BCC on June 14, 2011.
32. Notices to Proceed, as shown on page _______, for Work Orders #18 and #19 to CC-2183-07.
33. Parks Contract, as shown on page _______, for Services with Howard Brown.
34. Facility Use Agreement, as shown on page _______, with HD Fitpro, LLC, as approved by the BCC on February 8, 2011.
35. Closeout, as shown on page _______, of Work Order #62 to CC-1284-06.
36. Code Publishing Services Agreement, as shown on page _______, with Municipal Code Corporation as approved by the BCC on May 10, 2011.
37. Closeout, as shown on page _______, of CC-4534-09.
38. Change Order #2, as shown on page _______, to Work Order #10 for CC-2183-07.
39. Work Order #7, as shown on page _______, to PS-4906-09.
40. Memorandum, as shown on page _______, to Ray Hooper, Purchasing and Contracts Manager, from James K. Hartmann, County Manager, regarding appeal of Chapman Road widening, CC-6600-11.
41. Recorded Restrictive Use Covenant, as shown on page _______, granted to Seminole County by Clarkson Concepts, Inc., regarding 446 Gallberry Street, Altamonte Springs, Florida.
42. Closeout, as shown on page _______, of CC-5225-10.
43. Notice to Proceed, as shown on page _______, for CC-6805-11, Sanitary Lift Station Installation at Fire Station #36.
44. Notice to Proceed, as shown on page _______, for CC-6548-11, Generator Replacement at Fire Station #26.
45. Amendment #1, as shown on page _______, to Work Order #24 for CC-2190-07.
46. Work Order #29, as shown on page _______, to PS-5182-05.
47. First Amendment, as shown on page _______, to PS-5182-05 with S2L Incorporated.
48. Amendment #3, as shown on page _______, to Work Order #34 for PS-0381-06.
49. Bids as follows: RFP-601176-11; RFP-601192-11; #601187-11; and IFB-601188-11.
SUPERVISOR OF ELECTIONS
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to adopt appropriate Resolution #2011-R-152, as shown on page _______, Requiring Electronic Filing, providing that per the request of the Supervisor of Elections, Seminole County Candidates for Elective Office, Seminole County Executive Committees of Political Parties and Political Committees that are required by law to qualify before the Seminole County Supervisor of Elections shall electronically file their Campaign Finance Reports by means of the Supervisor’s Electronic Filing System; providing for an effective date.
Under discussion, Commissioner Henley asked for clarification with regard to accepting a candidate’s hand-delivered data if the candidate does not have access to a computer.
Bryant Applegate, County Attorney, addressed the Board to state that the Resolution simply allows the Supervisor of Elections to establish a mechanism for electronic filing.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey requested that Mr. Applegate clarify the matter of hand delivery of data with Michael Ertel, Supervisor of Elections, and distribute the answer to the Commissioners.
Ray Hooper, Purchasing and Contracts Division, addressed the Board to present a request to approve SS-601200-11, the radio system migration with Motorola. Mr. Hooper noted that on June 28, 2011, the Board authorized staff to proceed with a migration solution that allowed for the replacement of the current radio system, in a phased approach, and an upgrade to a P25 digital compliant communication system. On July 29, 2011, RCC Consultants, Inc. was engaged to conduct a brief assessment of the County's current operations and infrastructure and reviewed the County's approach to a migration strategy. Mr. Hooper stated that Motorola is the only provider that offers a migration phasing option using the current system infrastructure that allows all user agencies the opportunity to replace their existing assets over an extended period of time.
Mr. Hooper listed the benefits of the County’s single source migration strategy.
Mr. Hooper stated that the County's migration strategy utilizes proprietary products from Motorola that are not available to other vendors; and therefore, other providers cannot offer a migration strategy option using the existing equipment infrastructure, which further supports a single source procurement. He advised that once the single source procurement is approved, staff will start the development of a detailed scope that defines the requirement of the system and the procedures for performing and testing the migration. After completion of the scope of work, staff will start the negotiation process using multiple sources of pricing from both competitive and non-competitive procurements in seeking the best prices and solutions for the County. Once the negotiations are complete the resulting agreement will be brought back to the Board for final approval.
Mr. Hooper stated that staff is recommending the Board approve this item.
Tad Stone, Director of Public Safety, addressed the Board to discuss some of the items that will be worked through in the contractual agreement.
Discussion ensued with regard to the timeline for this item to come back before the Board and the need to expedite this matter. Commissioner Dallari stated that he is expecting the County Manager to ensure that this matter comes back no later than the end of September. He stated he wants to make sure they identify what the true cost is for the municipalities so that there are no surprises. He stated he thinks it is imperative that RCC is brought back in to make sure the compliance factor is taken care of after everything is up and running and things have been brought online.
Chairman Carey stated that they need to make sure the maintenance costs, which are currently $5 and $8, are the true cost and also have some ability to change that in the new interlocal agreement.
Mr. Stone stated that they have always worked under the assumption that the County, under the General Fund, would assume the cost of the backbone of the system and that the users would be responsible for their end product. He asked if that was still the direction from the Board.
Commissioner Dallari asked if there was not a cost to build the system that the municipalities should be sharing in. He stated that there are some shared costs and they will need to say what their fair share is.
Mr. Stone stated that that has not been his direction from the Board.
Chairman Carey stated the direction that she has heard coming from the Board is that they will provide the backbone and the municipalities and other agencies will provide their own radios. That is how it has been done in the past. She stated that unless the Board has a different opinion today than when the process started, that has been the way that they have been moving forward.
Upon inquiry by Commissioner Horan with regard to whether or not the maintenance costs for the radios includes any element of paying the County back for providing the backbone, Mr. Stone stated that historically that cost is an insurance policy more than anything else that was developed when the original interlocal went in.
Commissioner Horan stated that his understanding is that the County is providing the basic infrastructure and the cities can plug into the infrastructure. To the extent that they are, the County is providing a subsidy to the seven cities and has been for the last 27 years. He stated that if they want to change that, they can do that through the interlocal agreement; but it has nothing to do with migration, that they are two separate issues. He commended staff on an excellent analysis of the migration approach and why the single source is in the best interest of the people of Seminole County.
Upon inquiry by Commissioner Henley, Mr. Stone stated that their message to the cities since they got their initial marching orders was that the County will assume the responsibility for the purchase of the backbone and the maintenance of that system and the cities would be responsible for the purchase of handhelds and mobile radios in order to tie in giving them a four- to five-year window to purchase that equipment. Commissioner Henley stated he just wanted to be sure everyone was on the same page.
Upon inquiry by Commissioner Dallari, Mr. Stone confirmed that they would be addressing coverage and densities in tall and large buildings in the contract. Discussion ensued with regard to "Repeaters"; how coverage issues will be addressed in the local municipalities and inside some of the large buildings that will be eventually built; and how the interlocals and memorandums of understanding will need to be amended.
Chairman Carey stated that they need to engage a consultant, get a scope written and negotiate a contract. She stated that she believes that four weeks is probably not a reasonable time frame to get that done.
Upon inquiry by Commissioner Dallari, Mr. Hartmann stated that he thinks it would be beneficial to have some limited consulting help. He stated that some limited assistance would be beneficial for the staff and help move things along faster. He thinks four weeks may be a little too aggressive and stated that he would like to keep the negotiation time frame on their side. He hopes they can bring the matter back sometime in October.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to approve SS-601200-11, Seminole County Radio System Migration Approach, waive the competitive procurement process and authorize the Purchasing and Contracts Division to proceed with a single source procurement with Motorola, Inc.
Further discussion ensued with regard to the Memorandum of Understanding (MOU) with the cities. Upon inquiry by Chairman Carey, Mr. Hartmann stated that there was a brief discussion with regard to this issue at the last Mayors and Managers' meeting but he believes there needs to be more discussion, especially concerning the MOU development and the cost sharing. Chairman Carey suggested that Mr. Stone could attend the next Mayors and Managers' meeting and that Mr. Hartmann, at that meeting, could lay out some of those items and some of the comments made today.
Upon inquiry by Commissioner Dallari, Mr. Hooper advised that he is in negotiations with RCC and thinks he can get RCC to assist the County in developing a detailed scope and some outcome parameters and to assist a little bit in the negotiations. He stated that once there is a contract, they will need RCC throughout the phasing to ensure compliance and outcomes are delivered.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S BRIEFING
The Board noted, for information only, the Informational Budget Amendment Status Report FY 2010/11 for the period ending July 31, 2011.
Mr. Hartmann stated that the County has been asked by the Regional Planning Council if they would consider becoming a Core Partner or a Supporting Partner in the HUD Sustainability Community Regional Planning Grant. The grant requires 20% match from the County, either in-kind or cash. Mr. Hartmann explained the aggressive time frame for this grant.
Nicole Guillet, Growth Management Director, addressed the Board to update the Board concerning participating in this grant. She explained the difference between being a Core Partner and a Supporting Partner.
An informational handout (received and filed) with regard to possible projects was distributed to the Board. Ms. Guillet reviewed the following projects: 1) Sanford SunRail Station Planning Study; 2) Altamonte Springs SunRail Station Planning Study; and 3) East Altamonte Target Area Sidewalk Project. Upon inquiry by Commissioner Dallari, Ms. Guillet stated that the County could do any of the projects or all three of the projects.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the Sanford SunRail Station Planning Study, the Altamonte Springs SunRail Station Planning Study and the East Altamonte Target Area Sidewalk Project and to be a Core Partner in the HUD Sustainability Community Regional Planning Grant application for all three items.
Further discussion ensued with regard to the time table of the grant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey requested that staff draft a letter and send it to her office today.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised that they will be advertising an Ordinance for the repeal of the firearms ordinances and regulations. That Ordinance will be coming to the Board on September 13.
Commissioner Henley asked staff, as part of their presentation when they bring Items #3 and #4 back to the Board, to bring proposed operating policies to be approved by the Board so there is no misunderstanding between the community and the County as to what the intended use is.
Upon inquiry by Chairman Carey with regard to operating policies for other community centers, Joe Abel, Leisure Services Director, addressed the Board to state that the County has rental policies for room rentals at Sylvan Lake Park that would be similar to what they would want to use unless the Board would like them to look at uses outside of just rentals of the facilities. Commissioner Henley stated that his concern is that the community has the same vision for the use, which is limited as he understands it. It won't be available everyday all day long unless they want to rent it.
Chairman Carey recessed the meeting at 10:35 a.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials with Clerk Maryanne Morse entering late and 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 Henley, seconded by Commissioner Dallari, 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.
SEMINOLE COUNTY PORT AUTHORITY’S BUDGET
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of the Seminole County Port Authority’s Budget for Fiscal Year 2011/12, received and filed.
Lin Polk, Fiscal Services, addressed the Board to request approval of the Seminole County Port Authority’s Budget (copy received and filed in the agenda packet). She advised that Andrew Van Gaale, Port Authority Executive Director, will present the budget.
Andrew Van Gaale, Port Authority, addressed the Board to state Chairman Tom Kuhn could not be in attendance today and asked him to give the presentation. He reviewed this year’s accomplishments for the Port Authority, stating they had an operational profit margin this year of 32% for approximately $584,000. In light of the economy, they are still making money and still producing. They will be presenting the Board of County Commissioners with a check for $550,000 next month as budgeted. He expressed appreciation to Commissioner Van Der Weide for his help on their Board. He summarized this year’s activities. He said they will have a totally balanced budget for 2011/12 in the amount of $2,811,367, which is a decrease of $118,000 over last year for about 4.2% under last year’s budget. They will go into next year with cash carry forward in the amount of $1,048,942 and are planning on a non-operational transfer to the County this time next year of $450,000.
Upon inquiry by Commissioner Dallari, Mr. Van Gaale discussed how they are handling maintenance/rehabilitation of some of the aged facilities. He said they are staying a little under budget. They are 75% completed with the rehabilitation of the older stock.
Commissioner Van Der Weide stated he thinks the Port Authority is doing a great job under the circumstances and he appreciates their effort.
No one spoke in support or in opposition.
Motion by Commissioner Van Der Weide, seconded by Commissioner Henley, to approve the Seminole County Port Authority’s Budget for Fiscal Year 2011/12 as presented; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
FINAL DESIGN FOR WIDENING
OF DEAN ROAD
Proof of publication, as shown on page _______, calling for a public hearing to consider approval of the alignment and typical section for the final design for the widening of Dean Road from Aloma Avenue (State Road 426) to the Orange County Line, received and filed.
Brett Blackadar, Acting Assistant County Engineer, addressed the Board to state staff has reached the end of the preliminary engineering study for the Dean Road Widening Project. He asked the Board for direction to move forward with the final design and for approval of the proposed typical section and alternative.
Vu Vupe, Consultant with Bowyer Singleton, addressed the Board to present the recommended alternatives for Dean Road. He reviewed a PowerPoint (copy received and filed) covering the following topics: One Cent Tax; Project Description; Project Objectives; Alternative Analysis; Typical Section, 4-Lane Divided – 22’ Median and 15.5’ Median; Typical Section 5-Lane Section; Alignment Alternatives; and Evaluation Matrix. He advised the recommended alternative is for the Typical Section 4-Lane Divided – 15.5’ Median (#3B). He continued with review of Stormwater Management Basins 1 & 2 and Basins 3 & 4; Public Involvement; and the Schedule. He stated they are looking to have construction completed by 2015.
Chairman Carey referred to the Typical Section #5 and asked why Mr. Vupe is not recommending less right-of-way and wider travel lanes. Mr. Vupe explained that they will have to purchase some form of right-of-way for the road widening; and from a safety standpoint, a divided roadway is much more safe than an undivided roadway. He further explained that using the 100’ right-of-way for the recommended typical section will provide for flexibility of relocation or adjustments to the utilities. Whereupon, Chairman Carey said looking at the forecast in the budget, she doesn’t know how they are going to continue to maintain planting the medians as they have been in the past.
Mr. Blackadar stated this proposed typical section wouldn’t allow for large trees. The only things they would be able to do are small trees or ground cover. He said the landscaping will be after the completed construction in 2015 and staff will follow the Board’s policy at that time. They are now following the current policy that was put forth about eight years ago. Further, he said the current policy is for drought-tolerant plants. He will speak with Mr. Forte and Bryan Nipe to see if they can come up with some revised alternatives.
Upon further inquiry by Chairman Carey, Mr. Blackadar said studies have shown no difference between 11’ and 12’ lanes unless you have a really high volume of trucks, and Dean Road has not shown to have that high truck volume that would justify the 12’ lane.
Upon inquiry by Commissioner Henley, Mr. Vupe discussed that on Section 5 they would lack sufficient room for the amount of utilities in the area. He further explained to Chairman Carey that for Section 3B, they have split the major utilities in three different areas. Mr. Blackadar added that there is a significant grouping of utilities closer to the Orange County Line and there is no way they could all fit in the 90’.
Upon inquiry by Commissioner Horan, Commissioner Dallari explained the Commission would be reluctant to do another landscaping district because of the experience with one done in the past that had more negatives than positives.
John Horvath, 1004 Bradford Drive, addressed the Board to state he is quite familiar with this area and has seen the property change. He said there are a lot of utilities in the area. He doesn’t like seeing the area change, but it’s part of growing up and older.
No one else spoke in support or in opposition.
Speaker Request Form for Mr. Horvath was received and filed.
Commissioner Dallari stated he attended the two public meetings and he commended Mr. Blackadar and Mr. Vupe for conducting very good meetings. He shared a concern by residents and asked Mr. Blackadar if he will be addressing Dean Road and 426 with the road widening design; and Mr. Blackadar answered no, they will be stopping at the intersection with this project, but he will take a look at that concern.
Upon additional inquiry by Commissioner Dallari, Mr. Vupe stated he received information today about one of the new ponds and he will forward that information to their geotech and will be looking into that shortly.
Commissioner Dallari asked for clarification about Orange County’s funding and Seminole County advancing funding to them.
Maryanne Morse, Clerk of Circuit Court, entered the meeting at this time.
Mr. Blackadar advised that Orange County has made the verbal commitment to fund their portion of the project and he is hoping to get their commitment in writing.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the preferred Alternative 3B (Alignment and Typical Section) and authorize staff to proceed with the final design for the widening of Dean Road from Aloma Avenue (S.R. 426) to the Orange County Line; as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
ORANGE BOULEVARD (WEKIVA ENCLAVE) LARGE
SCALE LAND USE AMENDMENT, REZONE, AND
PROPOSED TEXT AMENDMENT/Surrey Homes, LLC
Proof of publication, as shown on page _______, calling for a public hearing to consider transmittal of a Large Scale Future Land Use Amendment from Suburban Estates (SE) to Planned Development (PD), the associated rezoning from A-1 (Agriculture) to PUD (Planned Unit Development) and a proposed Text Amendment to the Future Land Use Element to the State Land Planning Agency for 18.11 acres located at the northwest corner of Orange Boulevard and Walden View Drive, approximately ¼ mile south of SR 46 (2011-FLUM-LS.01; Z2011-010; 2011-FLU-TXT.01); Surrey Homes, LLC, received and filed.
Cynthia Sweet, Planning and Development Division, addressed the Board to present the request, stating the applicant is proposing to develop the subject property for a single-family residential subdivision with a maximum density of 1.8 dwelling units per net buildable acre and a maximum of 30 lots. She reviewed the staff findings as outlined in the agenda memorandum. She said staff is recommending the Board transmit the requested Text Amendment and Large Scale Land Use Amendment from Suburban Estates to Planned Development to the State Land Planning Agency and recommends approval of the rezone from A-1 to PUD as requested by the applicant. Additionally, she advised of a typographical error in the proposed Land Use Ordinance in the agenda packet, which the staff has corrected to read Section 163.3245. She requested a copy of the staff report be made a part of the Record. A copy of the revised Ordinance was received and filed.
Charlie Madden, Madden Moorhead and Glunt, Inc., representing Surrey Homes, LLC, addressed the Board to state he will review what they analyzed to get to this point today and talk about some things they considered. He showed a colored map of the subject property with large oak trees (copy in the agenda packet) and said when they looked at the property, they knew they had a unique opportunity to consider a clustering concept in order to best preserve the trees. He described the site as proposed. He said there was one option for access and showed that location on the map. He showed on another map (copy in the agenda packet) what the existing zoning is. He said they compared what the impacts would be and compared that to a cluster plan. He showed another map (copy received and filed) of the planned clustering. He said this is the only PD that he knows of in Seminole County where they are actually preserving more than 25% of usable upland open space. He stated they also looked at the home values in the area and sales over the last couple of years and found that the average sales price has been between $200,000 and $350,000, which is the price point for this proposed subdivision. They also looked at lot sizes, especially pertaining to Capri Cove. He said with their 85’ lot width if they extended those lot lines, they would also exceed a half acre, but they are choosing to put these in preserved natural buffers. They also looked at the net densities in the area of Capri Cove and agreed they would not exceed their net density of 1.8. He said this is what gave them the maximum of 30 units, although on the plan it looks like they will only be able to physically fit 25 units. He stated they want to use some low-impact design techniques in order to maximize tree preservation. He discussed the retention areas and said they will have the ability to sheet flow and preserve as many trees as possible on the site.
Mr. Madden further discussed the Wekiva Parkway alignment. He explained that regardless of whatever negotiation that would happen with the Parkway, they will always honor the 100’ buffer, which provides an excellent visual buffer for the seven or eight homeowners from the Parkway. He showed a picture (copy received and filed) of the entire East Lake Sylvan Transitional Area and said they are asking for a text amendment on the 30-acre issue. He pointed out that this area is 99% developed, so that really only affects the nursery on Orange Blvd. in the subject piece. He advised that at the Planning & Zoning Commission meeting, the homeowners associations’ presidents came and spoke in favor of the project as presented today.
Mr. Madden answered questions by Commissioner Henley regarding the turning radius in the cul-de-sac and whether there will be non-parking in the cul-de-sac.
No one spoke in support or in opposition.
District Commissioner Carey recommended approval of the staff recommendations, with the correction as noted in the proposed Ordinance.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide, to approve transmittal of the proposed Large Scale Land Use Amendment from Suburban Estates (SE) to Planned Development (PD), associated rezoning from A-1 (Agriculture) to PUD (Planned Unit Development); and proposed Text Amendment to the Future Land Use Element to the State Land Planning Agency, for 18.11 acres located at the northwest corner of Orange Boulevard and Walden View Drive, approximately ¼ mile south of SR 46 (2011-FLUM-LS.01; Z2011-010; and 2011-FLU-TXT.01); as described in the proof of publication, Surrey Homes, LLC.
Districts 1, 2, 3, 4 and 5 voted AYE.
ALAQUA DRIVE REZONE/Richard Shassian
Proof of publication, as shown on page _______, calling for a public hearing to consider adoption of an Ordinance to rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for 50.01 acres located on the south side of Alaqua Drive, approximately 1.5 miles west of Markham Woods Road (Z2011-13), Richard Shassian, received and filed.
Ms. Sweet presented the request stating the applicant is proposing to develop the property as a single-family residential subdivision with a maximum density of one dwelling unit per net buildable acre resulting in a maximum of 44 lots. The proposed development is consistent with Policy FLU 12.3 and Policy FLU 12.9 of the Seminole County Comprehensive Plan. Staff recommends approval of the requested rezone and requests that a copy of the staff report be made a part of the Record.
Richard Shassian, applicant, addressed the Board to state the Reserve at Alaqua will be discussed in two parts covering the vision concept and Rick Merkle, HEI, will discuss the rezoning application. He gave a PowerPoint presentation (copy received and filed) and reviewed some history about the Reserve at Alaqua. He said the majestic beauty of Alaqua’s golf course still exists because of John Ritenour’s personal and financial commitment. They stand today with a beautiful new clubhouse and eight empty lots with no interest or activity. The first thing that must be done is to stabilize the golf course through added members. New homes with required club memberships will accomplish this concept. He said accurately marketed and priced homes are the key to the project’s success. This project will inject employment opportunities as well as revenues to Seminole County. These homes are to follow the same architectural influence as the new clubhouse. He stated the club has lost no less than $250,000 a year for the last eight years, and 44 new members will generate $264,000 to make the club stable. The builder will be investing $6.5 million upfront in their community to make this project a success. New home prices will start at $465,000. Further, he said the 44 new homes will cause much less traffic than a golf course converted into a public play course. All 44 new homes are required to pay the exact amount of annual homeowner association dues as each one-acre lot pays. That will be $140,800 of annual income to the HOA (homeowner’s association). He said the dues may go down when all the infrastructure is finished. All 44 new homes will be required to become golf members, stabilizing the club and its restaurant.
Rick Merkel, Highland Engineering, Inc., addressed the Board to state the project to rezone is consistent with the Comprehensive Plan, Suburban Estates, in that they are clustering 44 lots on a net buildable acreage of less than one unit per acre. He continued reviewing from the PowerPoint and said the 44 lots would be clustered in the existing area where the platted eight lots exist (he pointed out the location on the aerial shown, received and filed). He stated there will be no encroachment into the environmentally sensitive areas by the project. The 44 lots will encompass approximately 11.1 acres of the 50 acres, and the remaining boundary will be the clubhouse tract. The rest, 31½ acres, is comprised now of the golf course, open space, and stormwater management tract areas of the property. The open space component of the project equals approximately 15½ acres, which is about 31% greater than the Code minimum of 25%. He referred to the site plan map and said access to the lots will be by way of the existing clubhouse driveway, which will not require any additional driveway connections to Alaqua Drive. They have also had considerations of intersection improvements at Markham Woods Road to improve the exiting traffic. The proposed lots will be served by Seminole County sewer, and water is also already existing by Seminole County. All other provisions of the County Code are satisfied by the project.
Upon inquiry by Commissioner Carey, Mr. Merkel said they looked at adding additional pavement to accomplish one more lane exiting.
Thomas Moran was recognized by the Chairman to speak but he waived his time to speak later if he wished. Chairman Carey stated Mr. Moran indicated he is in support of the project.
Scott Plakon, 3044 Timpana Point, addressed the Board to state, as he sees it, they really have two choices. One is to keep going without this project and hope that Mr. Ritenour is willing to keep on losing hundreds of thousands of dollars a year on this golf course. Secondly, they can move forward with the project, which he believes will breathe new life into their community and the golf course. He stated he doesn’t think this is an unpleasant project as the marketing activity, construction and the sales activity in their neighborhood will breathe new life into the whole thing. He said 44 homes, in addition to the current members, would still be a fraction of the probably acceptable traffic. Alaqua, over the years he has lived there, has been considered a jewel, a high-water mark for a lot of the other communities. To let the chance of it turning into another failed community and golf course would be a horrible thing to let happen. He doesn’t know of any who would step into the shoes of Mr. Ritenour and put up the money to keep losing money at the golf course. That leaves only one option, the approval of this property, unless they are willing to face that risk. He said if it is a close call in any way on making a decision, he would say that Mr. Ritenour deserves the benefit of the doubt that he believes this is a good project for the community. His previous love shown for the community should tell the Board the motivations for this project. He asked the Board to approve this project.
Hugh Byrnes, 2405 Alaqua Drive, addressed the Board to state he is not comfortable having Mr. Ritenour foot the bill another month. He said Mr. Ritenour deserves the option of doing this, and if what he has done before is an example of what he’s going to do, he has always done the right thing. He was one of the 12 people who came to rescue Alaqua two years ago and they all agreed that the clubhouse was too big and they needed to knock it down and maybe sell the lots. That was a plan that a lot of people agreed with, but they had 12 chiefs. Mr. Ritenour said he would take it on himself and would do it right and he’s done that. The plan didn’t work out. They have to help Mr. Ritenour get out of this, and the plan proposed is reasonable. Nobody would choose to do this, but compared to any other alternative, this makes the most sense. He asked for the Board’s approval.
Wes Scovanner, 1855 W. SR 434, addressed the Board to state he is in support of this project for all the reasons previously articulated. He thinks the project offers a tasteful and realistic solution and a price range that can happen in today’s market; and it’s a creative solution for the economic malaise they find one of their finest residential communities in Seminole County to be in.
Dr. Steven Brooks, 2285 Alaqua Drive, addressed the Board to state he has invested over $143,000 on a course he has never stepped foot on and played golf because he felt it was so important to the community; and he needed to lead by example those who have not been a member of the country club. He said he is in full support of the rezoning. His home value is directly and inextricably linked to a healthy and viable golf course, and this proposal has been the only viable one presented to accomplish this thus far. He said they are blessed to have someone with a vested interest who is behind this proposal. He stated they have a clear and present danger to the community if this sound proposal is not approved. Mr. Ritenour has made it clear that he cannot sustain these losses on his own any further, nor should he have to. Rezoning of the seven acres will have a positive environmental impact on the remaining undeveloped acres along the sensitive Wekiva Reserve; and there would be less traffic than they would experience, should they have some public project there instead.
Joseph Muehl, 3079 Alatka Court, addressed the Board to state he thinks Alaqua has a unique situation relative to many other developments because the developer owns basically the golf course and the association. He has found the developer to be very gracious in his approach; and he has been consistent in trying to put other residents in front of himself in what was necessary to support this development. He said the alternatives are not there currently to have a more viable plan in the short run. He is in support of the plan.
Dan Lyons, 3043 Alatka Court, addressed the Board to state his family’s feeling has been that the quality of life in Alaqua and the economic health of the community are linked to the success of the golf club and that it remains private and thriving. The plan that he sees would help the chances of making that happen. They can’t say with certainty that it will play out the way they expect, but from everything he can see as a business person, this is a solid plan with a good chance of success. The idea of 40 families coming in and paying homeowner association dues and country club dues, he thinks, adds to the likelihood of continued economic vitality for Alaqua and keeps the beautiful private club intact. He thinks there are analogies other than Alaqua in developments that have different forms of housing stock that have been able to be together in a complementary way. This creates for families who live in the community, when keeping up a home over 5,000 or 6,000 square feet may no longer be in their lifestyle’s best interest, to have another option to stay in a great community. He agreed that 40 homeowners adding traffic is a better alternative than some multiple of that. Given the choices and plan that they see, he is speaking in favor of the plan.
Dr. Clifford Lober, 3142 Yattika Place, addressed the Board to state Alaqua was never intended to have high density housing within it; it is inconsistent and incompatible with the reasons persons such as he bought in this area. He said had he known that, he never would have bought in that neighborhood. He said when these homes are put in, home values such as his must go down. He asked why would someone who wants to have a one-acre home ever want to live with cluster, high density homes. He said even if the entrance is widened, the roads within Alaqua will not be widened. If an ambulance has to get to the back, it will be slowed down. If an evacuation is ever necessary, it will be slowed down. He asked why would someone living in a house in that price range want to pay both homeowners and clubhouse dues. They could live somewhere else for $400,000 or $300,000 and join on their own and not be obligated. He stated that there is no guarantee that, even with 120 members, it could do well and survive. Because of all these reasons, he asked the Board to deny the petition.
Vincent Doty, 2116 Alaqua Drive, addressed the Board to state he is the one directly across from this proposed development. He has known Mr. Ritenour a long time and he is a honest, genuine guy; however, he doesn’t like the plan. He said it doesn’t make sense to say the golf course is the lifeblood of the community when only 17% of the people in the community belong to the golf club. The reality they are talking about is money. He explained what happened with the first plan, and what they have now in front of them is another plan. By rezoning these lots, the developer will have the opportunity to realize a bigger return on his money in terms of losing less, but at whose expense. In his view, the expense will be at the Alaqua members who do not support this plan and feel it will be detrimental to their property values. That’s why he is asking the Board to deny the rezoning and have the developer come up with a different plan which leaves Alaqua to one-acre home sites.
Arauind Pillai, 3241 Yattika Place, addressed the Board to state they spent their hard-earned money to be with an exclusive community. They wanted safety and peace of mind. Last year, they were surprised and shocked to see the disappearance of the spacious and elegant clubhouse. Last month, they were shocked to hear that the owner of the golf club is planning to build 44 houses on eight acres of land. At this time of financial crisis with a million homes in foreclosure in this country, this particular person has applied to rezone their exclusive subdivision so that he can build 44 small houses. He stated this will immediately lower the already low-priced value of their homes by 25% or more. He said the safety concern is a big problem and is expressed by many families who live in Alaqua. They are coming to the elected officials for help. He asked the Board to please consider their concern very seriously, be impartial and say no to the rezoning. If not, postpone the rezoning for six months or so pending more discussion among all concerned parties to consider any other options. He said none of the problems that have been brought out today will be resolved by building 44 new houses.
David Mazer, 3131 Hassi Point, addressed the Board to state this is a major change to the character of their community. He has lived in a community where a number of small homes were built among a bunch of lots that were supposed to be developed and failed. It ended up being unkept, an eyesore, and dangerous to the community. There is every likelihood that these 44 developed lots will be an eyesore for many years without completion and will be damaging to their community. He said this is not an effort to fight Mr. Ritenour to prevent him from making money. His problem is the damage this will be doing to their community. They were told that the country club is losing money and that the maintenance of the golf course is the paramount concern. The only financial report he has seen was for 2010 which showed that the country club made $200,000 rather than losses. He asked does the golf course have to be saved as a golf course. He said to maintain it as a golf course and country club is far more expensive than to maintain it as a large yard and well-maintained park. He understands that this was presented to the Board approximately nine months ago, but they saw it two days before the Planning & Zoning Commission meeting.
Peter Atwal, 2369 Alaqua Drive, addressed the Board to state he has nothing against any of his neighbors or for or against this proposal. He signed off on a contract that he believed had high fidelity, trust and ethics in it, which is for a one-acre lot. He said he fully supports the “against” arguments. He thinks the problem in their community is that they have a dysfunctional community. The Commission is being asked to arbitrate between them to fix their problems. He thinks the community has all the resources in it to fix these issues. He would like to help fix the community’s problems. He asked for a six-month moratorium, or something like that, so that the “against” group can sit with the “for” group and come up with a different financial arrangement to help Mr. Ritenour and the community.
Samuel Edwards, 2477 Alaqua Drive, addressed the Board to read his comments (written letter received and filed) that they are opposed to approval of this Planned Unit Development to allow it for sale to another developer to put up 44 production homes to be built by Centerline or Toll brothers in the middle of the Alaqua community. He said most residents are unaware of such details. If the County lets this happen by approving this rezoning, the homeowners in Alaqua will also have to deal with two developers and major water drainage issues with high density homes. He stated the proposed development of cluster homes is not compatible with the original plan. He asked the Board to keep in mind that these cluster homes will devalue property values in Alaqua, which in turn will lower the property tax revenues for the County. He said they would like to work with the developer and come up with a plan that is mutually beneficial to all in Alaqua, if he will cooperate. He asked the Board to please consider all these facts again and deny this rezoning.
Upon inquiry by Chairman Carey, Ms. Guillet discussed what the Land Development Code allows and how this project being proposed fits into the Land Development Code.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
District Commissioner Carey advised she had ex parte communication with Becky Wilson, attorney for the opposition, along with two citizens from Alaqua; and she has had several conversations and e-mails in support and in opposition from various people. She submitted those written communications (received and field) into the Record. She said she is very familiar with Alaqua. This is a very difficult decision for the Board to make, but their charge is to review the application to see if it is compliant, compatible and all those types of things, and does it make sense. She knows the Ritenours and Mr. Ritenour made a business decision. Her job is not to be concerned with whether he is making or losing money, but her job is to look at the zoning issue. She said many of the families she talked to are empty nesters now; and they stay there because they don’t really want to leave Alaqua as a community and feel this will give them an opportunity to downsize, yet stay in the community. She said she understands both sides of this issue. She said she would like to see the traffic addressed. Having weighed all the facts and listened to the testimony, she recommended the Board approve the request before them.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan, to approve the rezone from A-1 (Agriculture) to PUD (Planned Unit Development), thereby adopting Ordinance #2011-25, as shown on page _______, for 50.01 acres located on the south side of Alaqua Drive, approximately 1.5 miles west of Markham Woods Road; and approval of Development Order, as shown on page _______; as described in the proof of publication, Richard Shassian.
Under discussion, Commissioner Henley advised that Mr. Ritenour met with him and discussed very briefly his proposal. He told him he would make no commitment except that of an open mind where he would listen to both sides and listen to staff and then make up his mind. Commissioner Henley said he also received a number of e-mails both for and against this request. He reiterated what Chairman Carey said, that making money or losing money is not the Board’s concern and is not part of the equation. The golf course is not before the Board. The issue before the Board is the 50 acres and whether the proposal meets the County’s Comprehensive Plan and Land Development Code. The Board is obligated to give consideration to the request that comes before them, which is a rezone proposal. They do not have the authority to arbitrarily deny a homeowner a change or deny a reasonable use of the property. From what he has heard from the professional staff and from the Planning & Zoning Board, and based upon what he knows about the Code, this meets those requirements.
Commissioner Dallari stated he also received a number of e-mails and letters that are in the agenda packet and received a phone call from one of the attorneys representing the homeowners. He had a conversation with the applicant two weeks ago. He said he is basing his decision on the information he received at this meeting. He feels the proposal is in compliance with the County’s Code and ordinances, it is a good plan and he will be supporting it.
Commissioner Horan stated he also had communications with Attorney Rebecca Wilson and he also met with Mr. Ritenour and Mr. Shassian. In both of those separate meetings, they discussed a number of the things already discussed today. He told both those for and against this application the same thing, that the Board is acting in a quasi-judicial capacity and he would consider what evidence was put before them at the public hearing and make a decision based upon the legal standard and the evidence as it stands up against that legal standard. He finds that, based upon the evidence, the proposed development is consistent with the maximum density of one dwelling unit per buildable acre per the Wekiva River Protection Area and as required by Policies FLU 12.3 and 12.9 of the Wekiva River Protection Area design standards. This also meets all the procedural requirements of the applicable zoning ordinances, so based upon that, he will vote in favor of the applicant.
Commissioner Van Der Weide stated he is sure they all were contacted and had ex parte communications. He thinks this is a good project and he doesn’t know how they can go against it; he couldn’t. He said he also has heard both sides of the story.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recessed the meeting at 3:23 p.m. and reconvened it at 3:30 p.m.
Chairman Carey advised that the Board needs to appoint a citizen (homestead property owner) to the Value Adjustment Board at their next meeting. She said Mr. Furey, current member, said he is ready to retire from his position and allow someone else to serve. Also at the next meeting, she would like to bring forth a resolution of appreciation to Mr. Furey for his service. She asked the Commissioners to think of someone who might be interested in this position.
Chairman Carey stated she received a request from Arthur Tye, who is one of the lease holders of the Cameron Thrasher property (also known as the Boar’s Nest), who is requesting an antler-less deer permit for that property.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve an antler-less deer permit for Arthur Tye for use at the Cameron Thrasher property (Boar’s Nest) as requested.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey reviewed the upcoming calendar. She said if everyone was in concurrence, she would have the County Manager schedule the Board meetings in November and December for November 8 and December 13, 2011. The Board’s consensus was to approve those dates.
Chairman Carey announced the Oviedo Babe Ruth 12-and-under Girls Softball Team won the World Series against a very tough team in California. Commissioner Dallari added that this is truly an accomplishment to go out of the State at the national level. Chairman Carey congratulated the team.
Chairman Carey presented a 10th Anniversary Commemorative Flag to the Board per request of the Sallie Harrison Chapter of the National Society of Daughters of the American Revolution in remembrance of September 11. She read from the memorial, “We Remember 9-11.” She reminded everyone that there are two events scheduled in Seminole County on September 11. The city of Longwood will be hosting a 9-11 Memorial Service at 7:00 p.m. at the Heroes Monument and a 9-11 Heroes Run will held at 7:30 a.m. at Central Winds Park in Winter Springs.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated July 27, 2011 to Chairman Brenda Carey from Diane Culpepper, Bright House Networks, re: programming changes.
2. Letter dated July 29, 2011 to Chairman Brenda Carey from The Honorable Ray Valdes re: 2011-12 Budget for the Seminole County Tax Collector.
3. Copy of letter dated August 1, 2011 to Chief Leanna Mims from Ms. Julia Ortiz re: event that occurred July 10, 2011.
4. Copy of letter dated August 1, 2011 to The Honorable Rick Scott from Kirby Green, Executive Director, St. Johns River Water Management District, re: St. Johns River Water Management District’s Tentative Budget Submission for Fiscal Year 2011-2012.
5. Memorandum dated August 8, 2011 to All Board of County Commissioners from Cathy Galavis, Budget Supervisor, Property Tax Oversight Program, re: Notification of Receipt of Tax Collector Budgets.
6. Letter dated August 9, 2011 to the Seminole County Board of County Commissioners from Levi Coldiron, City of Oviedo, re: request to rename Oviedo Marketplace Boulevard to Oviedo Mall Drive.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Henley stated he attended the Mayors and Managers’ meeting last week on behalf of the Chairman. He said Mr. Hartmann did a good job of bringing up some of the issues for consideration. He was surprised to find out the membership had grown since the last time he served on that board.
Commissioner Henley said at the intersection of North Street and Ronald Reagan Boulevard there was severe flooding from the last big rain. The retention pond overflowed and the road was blocked. He asked staff to check that out.
Commissioner Dallari advised he received a letter with reference to Nadine Miller, Director of Guardian Ad Litem, who will be retiring after 22 years. He would like the Board to provide a resolution of support for her at the next meeting.
Commissioner Dallari requested to have a grants report update at the next meeting from the Fiscal Department.
Commissioner Dallari distributed copies of a letter (not received and filed) sent to MetroPlan referencing the priority list of all the County’s road projects.
Commissioner Dallari advised he received a request from Central Florida Regional Hospital. They are in the process of building a medical service complex on SR 426 and Red Bug Lake Road. He distributed copies of the letter (received and filed) asking the County to relocate the Cross Seminole Trail that runs through their property. He wants to make sure the staff and Commissioners are aware of this. He said for the hospital to use that property, the trail needs to be relocated and some changes made to the bridge. He informed the hospital that since that is fully funded, they need some different types of funding sources and they would be looking at that type of cost, and they are aware of that. He wants everyone informed so if anything needs to happen before the hospital’s project, those changes can be made so they don’t have to be made twice. He stated he is not looking for any direction from the Board today.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to appoint Jacqueline Padea, Hilton Garden Inn, to the Tourist Development Council and adopt appropriate Resolution #2011-R-153, as shown on page _______, of appreciation to Dennis Hale for his service; and appoint Dale Kirby to the Code Enforcement Board and adopt appropriate Resolution #2011-R-154, as shown on page _______, of appreciation to Tom Hagood for his service.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Horan reported that he attended the first meeting of the streamlining of permitting and licensing from the Congress of Regional Leaders Open for Business Initiative. He said it looks like they will have some good recommendations coming from that group that will be similar to those already made by Ms. Guillet. He is looking forward to working with Ms. Guillet on those issues.
Commissioner Horan stated there is a disturbance in the East Coast and he asked Mr. Hartmann if he is comfortable with the County’s ability to respond to that and is Seminole County prepared. Mr. Hartmann said he is very comfortable and the staff is watching that very closely; and all the Public Works staff is in preparation as well. He suggested members of the public and all the citizens think real seriously about their preparations for the storm.
Chairman Carey asked staff to make sure Commissioner Horan is able to receive the emergency alerts that are sent out. She advised that any citizen can go online to the County’s web site for alerts at PrepareSeminole.com, .org or .net.
Commissioner Horan stated he was very proud last night to attend the Sanford City Commission meeting where they honored his brother, Mike Horan, who is retiring after 26½ years of service as a Sanford Police Officer.
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan, to appoint Dana McBroom to the Seminole County Port Authority Board for a term ending in 2013; and adopt appropriate Resolution #2011-R-155, as shown on page _______, of appreciation to Michael Bowdoin for his service.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Van Der Weide said he thinks the Board needs to be notified if the staff opens up the Emergency Operations Center; and Chairman Carey said, absolutely, the Commissioners will be notified, even if that is contemplated by staff. She reminded the staff that the stormwater issue Commissioner Henley spoke of probably needs to be checked out right away, because she heard this morning that a lot of rain is expected from the storm.
COUNTY ATTORNEY’S REPORT, Continued
Mr. Applegate said the Board has already received an e-mail from the Supervisor of Elections stating he has a computer in his office for public use, and it is ready to be used for filing campaign financial reports for those who don’t have a computer.
ITEMS FOR FUTURE AGENDA
John Casselberry addressed the Board to state he heard on the news about the School Board in Seminole County wanting to get a full penny of sales tax or a half penny or mill increase. He has come up earlier talking about how seven mills sounded high and the new report that it is going up again. He checked again with Orange County and was told earlier they were at five mills. They are telling him now that Orange County is at seven mills and is thinking about going to eight mills. So Seminole County doesn’t sound that far out of line, but the line sounds like it’s climbing fast. He thinks the County needs to get out of property taxation all together and get into a larger sales tax. He thinks the Board needs to look at where the first requirement for school taxes is supposed to be coming from, because maybe they are not supposed to be coming from property taxes at all.
Chairman Carey advised Mr. Casselberry that the Board did have a workshop with the School Board and have not received any resolution from them yet as to what they are proposing. If they decide to put a tax out to the voters, it would come to the BCC only for an administrative approval to be put on the ballot.
Speaker Request Form for Linda Trocine, who was not present to speak, was received and filed.
Chairman Carey reminded the Board of the work session after this meeting.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:55 p.m., this same date.