BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 11, 2012
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, September 11,
2012, 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 Carlton Henley (District 4)
Commissioner
Bob Dallari (District 1)
Commissioner
John Horan (District 2)
Commissioner
Dick Van Der Weide (District 3)
County
Manager Jim Hartmann
County
Attorney Bryant Applegate
Deputy
Clerk Eva Roach
Presentation of the Colors was performed by
Battalion Chief Ed Forrest and the Seminole County Fire Rescue Honor Guard. Chaplain Chris Whaley led the Pledge of Allegiance and gave the Invocation.
AWARDS AND PRESENTATIONS
Motion by Commissioner Henley, seconded by Commissioner Horan to adopt
appropriate Resolution #2012-R-163, as shown on page ________, recognizing John
Marshall Hultin for 34 years of dedication and services to Seminole County
Government and its citizens, upon his retirement from the Department of Public
Safety, EMS/Fire/Rescue Division, on August 30, 2012.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Fire Chief Leeanna
Mims.
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Motion by Commissioner Horan, seconded by Commissioner Dallari to
adopt a Proclamation, as shown on page ________, proclaiming September 15
through October 15, 2012 as “Hispanic Heritage Month” in Seminole County,
Florida.
Districts
1, 2, 3, 4 and 5 voted AYE.
The Board presented the Proclamation to Longwood City
Commissioner Bob Cortes and representatives of the Hispanic community. Commissioner Cortes expressed his
appreciation on behalf of the 70,000 or more Hispanic residents in Seminole
County.
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Retired Brigadier General (BG) Stephen M. Seay, Central Florida
Veterans Memorial Park Foundation, Inc. addressed the Board to give an update
on the Central Florida Veterans’ Memorial Park at Lake Nona. Brochures, PowerPoint Presentation and letters
from other government entities were received and filed. BG Seay stated the Foundation’s goal is to obtain
the Board’s support in helping to construct a memorial adjacent to and part of
the new V.A. Medical Center at Lake Nona.
The estimated construction cost is $1.5 million and their intent is to make
the memorial a sustainment, so also in their plan is a $1.5 million
endowment. The Foundation’s intent is to
honor veterans dating from World War I that were killed in response to
call-to-action by this nation. They have
approximately 1,400 names from a six-county region. He referred to two representatives from
Seminole County that were called to action subsequent to 9/11/01 and were
killed in combat. He displayed a map and
stated the map shows the estimated statistics within the six-county
region. There are approximately 317,000
plus veterans who will be serviced. The
medical center will be the most modern facility within the United States. It is estimated that there will be at least
1,400 names that will appear on the wall.
He stated the V.A. Medical Center will be a world-class facility as well
as the memorial, and it will be a place for healing, remembrance and
honor.
Ron Lowry, Chairman, Rogers Lovelock & Fritz, Inc.,
addressed the Board to display a slide showing the six counties that will be
involved in the memorial park. He
displayed and reviewed a slide of the Lake Nona Master Plan. He stated this is the only V.A. Medical
Center (VAMC) in the country that will have a veterans’ memorial associated
with it. He continued by reviewing the
following slides: VAMC Site Plan;
Computer-generated view of the VAMC Site Plan; View of the Campus Main Entry;
View of the Campus Southeast; Sketch of the Memorial Site Plan; Civil
Engineering; Perspectives of the Chapel; Perspectives of the Amphitheatre and
Memorial; and What the Elevations of the Memorial and Names Monument would look
like. Copies of the slides were received
and filed.
David Odahowski, Edyth Bush Charitable Foundation President,
addressed the Board to state he is here, on behalf of the Foundation, to
endorse this important effort. He emphasized
that this is not only just a memorial but a place for healing, not only for the
families whose loved ones are on the wall, but for the patients that will be coming
to the Veterans Hospital. The
Foundation has taken a look at the plan and believes it is a solid plan as well
as a good fund-raising plan that has attracted private support from businesses,
individuals, and philanthropies. Mr.
Odahowski stated that the County’s funds will be used totally for
construction. He said he feels it is
important for something like this to have an endowment. The Foundation will be stepping up before all
six counties that are represented in this memorial. The Foundation is asking the Board to honor
the veterans and fallen residents of Seminole County and to provide a very
favorable response.
BG Seay stated he is pleased to say that Wharton Smith has
agreed to work with them to finalize the cost estimates as well as the
construction. He stated Orange County
has committed to $500,000. Starling
Chevrolet has committed to a grant with the condition that if a veteran makes a
contribution, they will match it.
Upon inquiry by Commissioner Henley, Retired BG Seay advised the
Foundation is looking at a contribution of $150,000 or whatever the Board would
like to donate.
Upon inquiry by Chairman Carey, Retired BG Seay advised the
Foundation is in the process of contacting the other counties asking for their contributions. He discussed with Chairman Carey how much has
been raised to date and what names will appear on the wall. He stated the Foundation’s intent is that
once the counties have vet the names, those will be posted on the website along
with criteria that in order to be represented from this six-county region, you
must enter the service from this county region.
Chairman Carey stated many of the Vietnam veterans are just
starting to age out and are starting to come forward. This County will see more and more veteran
numbers rise as they start to come forward for benefits.
BG Seay stated the Foundation’s goal, particularly in regard to the
World War II veterans, is for them to be able to see their buddies’ names on
the wall.
Commissioner Dallari stated he feels the veterans play an
important role in the United States and they should be honored because they pay
the ultimate sacrifice. He said he would
like the County to get involved in this and he doesn’t think the dollar figure
is too high.
BG Seay informed Commissioner Dallari that the Foundation can
take the dollar figure in one lump sum or over a number of years. The intent is to finalize the drawings and to
get the estimate. Construction will
begin in January and the memorial park will open next summer. He added he made a personal commitment to the
mother of Pfc. Brendon Salisar that he would escort her to see her son’s name
on the wall.
Chairman Carey stated the Board has a budget work session
scheduled after this meeting and they can discuss this at that time, and then
maybe they can make two payments over two years.
BG Seay informed Commissioner Dallari that Orange County has
committed to doing this in two increments.
The first increment was to finalize the drawings and make sure that
there will be a valid cost estimate. The
second increment was to ensure that the endowment policy was written and in
place.
Upon inquiry by Commissioner Dallari, BG Seay advised that he
can provide the Board with a copy of the Memorandum of Understanding with
Orange County.
Commissioner Dallari stated he feels that Seminole County can
follow the same suit so it will be consistent.
Commissioner Horan stated he would be in support of some kind of
a contribution towards this particular effort.
He stated he feels it should be based not only in timing but also in the
amount to what the final cost estimate is.
He said he feels an investment towards a memorial is a good and proper
expenditure of public funding.
Commissioner Henley stated he feels the request is reasonable
and Seminole County needs to participate.
He said he feels it is important that they remember the price that was
paid for the freedoms this country enjoys as it is taken for granted by too
many people.
Chairman Carey requested a copy of the document from Orange County. She said she feels the two-part payment would
make more sense for this County as well.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, stated the work session scheduled
after this morning’s session to discuss Fleet Management has been cancelled and
will be brought back on September 25, 2012.
The Budget work session will immediately follow this morning’s session.
Motion by Commissioner Dallari, seconded by Commissioner Horan to
authorize and approve the following:
Community
Services
Business Office
4. Approve and authorize the Chairman
to execute the Seminole County Health Department Agreement, as shown on page
________, which provides outpatient medical health treatment services to
uninsured and underinsured residents of Seminole County for either free or at a
reduced cost basis.
5. Adopt and authorize the Chairman
to execute appropriate Resolution #2012-R-164, as shown on page _________, amending
certain fees set forth in Section 20.26 of the Seminole County Administrative
Code pertaining to fees and charges for services provided by the Seminole
County Health Department.
6. Approve and authorize the
Chairman to execute the Amendment, as shown on page ________, to Glacier
Consulting, Incorporated Agreement; Amendment, as shown on page ________, to
New Life Connections, Inc. Agreement; and Amendment, as shown on page
_________, to Seminole Community Mental Health Center, Inc. Agreement; for Seminole County's Adult Drug Court
Enhancement and Expansion Grant from the United States Department of Health and
Human Services Substance Abuse and Mental Health Services Administration.
7. Approve the Committee on Aging's
recommendation of appointing Deborah Smith to fill a vacant board position
representing the Housing Industry in accordance with the guidelines established
by Administrative Code Section 4.6.
8. Approve and authorize the
Chairman to execute the Memorandum of Agreement, as shown on page ________,
between Seminole County, Florida Superior Properties Economic Community
Services, Inc. and The City of Sanford, proposing a joint plan of action to
develop a senior citizen rental housing complex.
Community
Assistance Division
9. Approve and authorize the
Chairman to execute the Rescue Outreach Mission Emergency Shelter Grant
Subrecipient Agreement, as shown on page _________, in the amount of $61,478 of
ESG funds to assist with the operating and maintenance cost for Rescue’s
emergency shelter facilities located on West 13th Street; and
Seminole County Victims Rights Coalition Emergency Shelter Grant Subrecipient
Agreement, as shown on page _________, in the amount of $30,000 of ESG funds to
assist with operating and maintenance cost for the SafeHouse facility for
homeless persons, for Program Year 2012.
P.A.Y. Division
10. Approve and authorize the Chairman
to execute the Community Based Care of Central Florida, Inc. Agreement, as
shown on page _______, (Year 3- Children's Mental Health Grant) with Seminole
County providing $2,000,000 for the third year of planning and implementation
providing comprehensive home and community-based services for children and
youth with serious emotional disturbances and their families through the Children's
Mental Health Initiative Grant program awarded to the County in 2010.
Economic &
Community Development Services
Planning &
Development Division
11. Authorize the Chairman to execute
a Satisfaction of Lien, as shown on page ________, in the amount of $936.46
associated with the property located at 247 Churchill Drive, Longwood; Tax
Parcel #06-21-29-521-0000-0030; filed against Bradley D. & Angela R. Smith.
Environmental
Services
Business Office
12. Approve and Authorize the
Chairman to execute the Assignment of Amendment, as shown on page ________, to
the Conditional Utility Agreements for Potable and Reclaimed Water Service and
Sewer Service for the project previously known as Venetian Gardens, Versailles,
Swanlea, Inc.
13. Approve and authorize the
Chairman to execute the Assignment of and Amendment, as shown on page ________,
to the Conditional Utility Agreements for Potable and Reclaimed Water Service
and Sewer Service for the project previously known as Hawthorne Estates
Versailles, Nicholson USA Properties, Inc.
Solid Waste
Management Division
14. Approve renewal of Non-Exclusive
Franchise Agreement for Commercial Solid Waste Collection Service with
DisposAll, Inc., from October 1, 2012 to September 30, 2013.
15. Approve renewal of
Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service
with Celebration Sanitation Services, LLC, from October 1, 2012 to September
30, 2013.
16. Approve and authorize the
Chairman to execute a Certificate of Public Convenience and Necessity, as shown
on page ________, for Trademark Metals Recycling, LLC, effective from October
1, 2012 through September 30, 2013.
17. Approve renewal of
Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service
with Republic Services of Florida, LP, from October 1, 2012 to September 30,
2013.
Public Safety
Emergency
Management Division
18. Approve and authorize the
Chairman to execute the Purchase Agreement, as shown on page ________, between
Bernadette A. Campbell, Craig D. Campbell, and Seminole County for the
acquisition of the Campbell property located at 540 West Orange Boulevard, Sanford,
Florida through the Repetitive Flood Claims Program.
Public Works
Engineering
Division
19. Approve and authorize the
Chairman to execute a First Amendment, as shown on page ________, to an
Interlocal Agreement with the City of Oviedo to provide for a term of twenty
(20) years for aesthetic maintenance (litter and trash pickup,
landscaping/grounds maintenance, weed control and routine maintenance to keep the
debris and dirt build-up to a minimum) of the trail overpass and ramps leading
from and to Red Bug Lake Road at State Road 426.
Traffic
Engineering Division
20. Approve and authorize Chairman to
execute Traffic Signal Maintenance Agreement, as shown on page ________, with
City of Lake Mary for their portion of maintenance for the traffic signals
located at intersections of County and City roadways.
Resource
Management
Budget and
Fiscal Management Division
21. Approve and authorize the
Chairman to execute a Grant Renewal Agreement, as shown on page ________, with
the United States Department of Housing and Urban Development in acceptance of
$235,872 in funding through their Shelter Plus Care Program.
22. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page ________, with the
Florida Department of Agriculture and Consumer Services in acceptance of up to
$18,500 through their Arthropod (Mosquito) Control Program.
23. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page ________, with the
Florida Department of Financial Services in acceptance of $28,787 in Homeland
Security funds to assist with Urban Search and Rescue and Hazardous Materials
equipment and training related costs.
Purchasing &
Contracts Division
24. Approve Amendment #1, as shown on
page ________, to RFP-600233-07/TLR – Bond Counsel Legal Services with Nabors,
Giblin and Nickerson, Tampa, for a one-year time extension and authorize the Purchasing
and Contracts Division to execute the Amendment.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS
CONSENT AGENDA
Motion
by Commissioner Van Der Weide, seconded by Commissioner Dallari to authorize
and approve the following:
CLERK’S REPORT
A.
Expenditure
Approval Lists, as shown on page ________, dated August 6 & 13, 2012; and
Payroll Approval List, as shown on page _______, dated August 11, 2012; Approval
of BCC Minutes dated August 14, 2012; and noting, for information only, the
following Clerk’s “received and filed”:
1.
Work
Orders #44 & #45, as shown on page _______, to RFP-5465-10.
2.
Work
Order #94, as shown on page _______, to PS-1529-06.
3.
Training
Provider Agreement, as shown on page _________, Roadmaster Drivers School of
Orlando, Inc., as approved by the BCC on December 13, 2011.
4.
Amendments
#3, as shown on page ________, to CC-1284-06, AJC Construction; CFE; Conpilog;
and Stage Door.
5.
Bill of
Sale and Utility Easement, as shown on page _________, accepting Off-Site Water
System for the project known as TSO Warehouse.
6.
Bill of
Sale, as shown on page _________, accepting Off-Site Water System for the
project known as Anderson Industrial Park.
7.
Seventh
Amendment, as shown on page ________, to RFP-600326-08.
8.
IFB-601457-12
Term Contract, as shown on page ________, for Tennis Court Resurfacing, Varsity
Courts, Inc.
9.
Work
Order #5, as shown on page ________, to RFP-5847-10.
10.
Change
Order #3, as shown on page _________, to Work Order #19 to CC-2183-07.
11.
Contract,
as shown on page _________, for Services for Karen Jean Fleming Fay.
12.
Change
Order #2, as shown on page _________, to CC-6944-11.
13.
Work
Order #1, as shown on page _________, to PS-7397-11.
14.
Amendment
#2, as shown on page _________, to IFB-600281-08.
15.
Amendment
#1, as shown on page _________, to RFP-601033-11.
16.
Amendment
#4, as shown on page _________, to Work Order #5 to PS-2051-07.
17.
Work
Order #43, as shown on page _________, to RFP-5465-10.
18.
Closeout,
as shown on page _________, for DB-6152-10.
19.
Work
Order #27, as shown on page _________, to PS-2249-07.
20.
Closeout,
as shown on page _________, for CC-5527-10.
21.
Closeout,
as shown on page _________, for CC-6792-11.
22.
Amendment
#7, as shown on page _________, to Work Order #2 to PS-4736-09.
23.
Closeout,
as shown on page _________, for CC-6863-11.
24.
Work
Orders #40 & #41, as shown on page _________, to PS-4388-09.
25.
Amendment
#1, as shown on page _________, to Work Order #18 to PS-1020-05.
26.
Work
Order #46, as shown on page _________, to RFP-5465-10.
27.
Amendment
#2, as shown on page _________, to Work Order #15 to PS-1020-05.
28.
Amendment
#1, as shown on page _________, to Work Order #3 to RFQ-5888-10.
29.
Amendment
#6, as shown on page _________, to Work Order #5 to RFP-3261-08.
30.
Amendment
#2, as shown on page _________, to Work Order #10 to PS-5438-10.
31.
Amendment
#2, as shown on page _________, to Work Order #91 to PS-5120-02.
32.
Irrevocable
Letter of Credit #197, as shown on page _________, for Orange 46 Plaza, LLC in
the amount of $5,040.
33.
Change
Order #2, as shown on page _________, to CC-7661-12.
34.
IFB-601404-12
Term Contracts, as shown on page _________, for Purchase of Assorted Concrete,
Corrugated and Drainage Pipes, Ferguson Waterworks and County Materials Corp.
35.
Substantial
Amendment, as shown on page _________, to the 2010-2015 Consolidated Plan and
the 2011-2012 One Year Action Plan as approved by the Board of County
Commissioners on April 24, 2012.
36.
Bids as
follows: CC-7840-12 and CC-7968-12.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA
Ray Hooper, Purchasing and Contracts Manager,
addressed the Board to advise staff is presenting an overview of the
Environmental Services Capital Improvement Program (CIP) Update.
Carol Hunter, Solid Waste, addressed the Board to display a
PowerPoint Presentation (received and filed) of the Environmental Services
Capital Improvement Plan Program. She
reviewed the following: 2012
Accomplishments; the CIP Delivery Update (2006-2017); and 2012 Validation
Results.
Phil Kutz, CH2M Hill, addressed the Board to continue presentation
by to review the Delivery/Funding Profile; Major WTP Upgrades; Major WTP
Upgrades Schedule; and Program Management Status.
Ms. Hunter continued the presentation and reviewed the
Summary. She stated staff is requesting that
the Board approve the revised estimated usage for Master Services Agreement
(MSA) PS-5190-05 – Program Management Services for the Environmental Services
CIP Program, from $49.8 million to $56.1 million to complete delivery of the CIP
through 2014.
Motion by Commissioner Dallari, seconded by
Commissioner Van Der Weide to approve the revised Estimated Usage for Master
Services Agreement (MSA) PS-5190-05 – Program Management Services for the
Environmental Services CIP Program, as presented by staff.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Mr. Hartmann introduced the new Human
Resources Manager, Lee Ricci. Ms. Ricci
addressed the Board to review her work history.
COUNTY ATTORNEY BRIEFING
No Report.
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Chairman
Carey recessed the meeting at 10:37 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials with the exception of Clerk of Court
Maryanne Morse, who was absent, and Deputy Clerk Eva Roach who was replaced by
Deputy Clerk Jane Spencer, 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.
PUBLIC
HEARINGS
COUNTY CODE
AMENDMENT/PAIN MANAGEMENT CLINICS
Proof of publication, as shown on
page _______, calling for a public hearing to consider adoption of the
Ordinance enacting Chapter 186 of the County Code to establish regulations
regarding Pain Management Clinics, received and filed.
County Attorney Bryant Applegate
explained that since there are a few changes the Sheriff's Office would like to
make to the Ordinance, he is requesting this item be continued until September
25.
No one spoke in support or in
opposition.
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide, to continue until
September 25, 2012 at 1:30 p.m., or as soon thereafter as possible, the request
to adopt an Ordinance enacting Chapter 186 of the County Code to establish
regulations regarding Pain Management Clinics, as described in the proof of
publication.
Districts 1, 2, 3, 4 and 5 voted
AYE.
BANANA LAKE ROAD LARGE SCALE
FUTURE
LAND USE AMENDMENT AND
REZONE – COVENTRY
AT
HEATHROW/Taylor Morrison of Florida, Inc.
Proof of publication, as shown on
page _______, calling for a public hearing to consider transmittal of a Large
Scale Future Land Use Amendment from SE (Suburban Estates) to PD (Planned
Development) and associated Rezone from A‑1 (Agriculture) to PUD (Planned
Unit Development) district for 32.37 acres located on the west side of Banana
Lake Road, south of CR 46A and south of Heathrow Boulevard (2012‑FLUM‑LS.01/Z2012‑006);
Taylor Morrison of Florida, Inc., received and filed.
Cynthia Sweet, Planning and
Development Division, addressed the Board to present the request as outlined in
the agenda memorandum. She stated the
applicant proposes to develop a single family residential subdivision that
consists of 75 lots. Access will be
through the private road, Heathrow Boulevard.
Ms. Sweet described the surrounding properties' future land use and
zoning designations and advised that the proposed future land use map amendment
and the associated rezone are compatible with the surrounding land uses and
zoning designations.
Ms. Sweet stated staff is
recommending transmittal and subsequent approval of this item and requested the
staff report be made a part of the record.
Charlie Madden, Madden Moorhead
& Glunt, addressed the Board to state he represents the proposed builder,
Taylor Morrison Homes. Mr. Madden
distributed an informational packet (received and filed) and compared the
Original Site Plan and the Revised Site Plan.
He explained that Taylor Morrison approached the Heathrow Board about
the possibility of joining the Heathrow community and being one of the
neighborhoods within the community.
Referring to the Revised Site Plan map, he described the changes that
Heathrow was requesting. Mr. Madden
displayed the Entry Perspective and the Entry View and discussed the proposed
entryway landscaping. He displayed and
discussed Pricing and the three "We Will Increase Heathrow Values"
charts and reviewed the Annexation Agreement Highlights between Taylor Morrison
Homes and Heathrow HOA.
Mr. Madden stated they did meet
with the Banana Lake Road residents and agreed to resurface Banana Lake Road
when the construction was done from the construction entrance back to CR
46A. There will be no access to Banana
Lake. He believes they generally have
the Banana Lake Road residents' support.
Blaine Darrah, 1624 Cherry Ridge Drive,
addressed the Board to state he is the president of the Heathrow Lakes
Maintenance Association. Mr. Darrah
explained that for homes to be made part of the Heathrow Homeowners Association
and subject to their covenants, the Heathrow Master Board has to approve the
agreement. He displayed a Heathrow
Realty map (received and filed) and explained that the dots on the map
represent the 28 neighborhoods in Heathrow.
He displayed the Heathrow Community Governance Process and Heathrow
Master Association documents (received and filed) and explained the voting
process. He advised that the Master
Board, which is elected by the whole community, is then responsible for making
an annexation agreement, if they so choose to, with Taylor Morrison.
Mr. Darrah displayed aerial maps
(received and filed) of the community from 1995, 1999, 2002 and 2010 and
described the growth.
Edwin Holt, 679 Cricklewood
Terrace, addressed the Board to state he has lived in the Breckenridge Heights
subdivision for 21 years and has been associated with the Master Board for 15
years. Mr. Holt displayed the Heathrow
Master Process for Annexation of Coventry timeline document (received and
filed) and reviewed the process from February 8, 2012 through June 11, 2012
that the Master Board went through prior to the annexation. He stated that during this period, they
intended to make an open disclosure of everything they were doing and requested
feedback from neighborhood representatives to get their input into the
decision.
Edward Jost, 1208 Trentwood Court,
addressed the Board to state he is a member of the Lakes Board Operations and
also the Chair for the Lakeside Community, which is adjacent to the proposed
planned community. Mr. Jost stated he
has looked at the plans and the way the community is laid out and believes it
is very well done and should tie into the community very nicely.
A map (received and filed) of the Heathrow area was
displayed.
Chairman Carey stated that a
written comment form with an attached letter has been received from Audra
Miele, who is the Keenwicke neighborhood chair.
At Chairman Carey's request, Blaine Darrah read the letter (received and
filed) that was submitted by Ms. Miele into the record.
Upon inquiry by Chairman Carey, Mr.
Darrah stated there were two different votes that happened on this item. One of the votes, as Mr. Holt explained, was
where the Master Board unanimously approved the annexation agreement. There were some modifications that needed to
be made to the covenants to accommodate the agreement. A meeting was held and the voting members of
all 28 neighborhoods were represented at the meeting and voted in favor.
Brenda McClure, 1182 St. Albans
Loop, addressed the Board to state she lives on the lake in Heron Ridge, which
is directly across Heathrow Boulevard on the north side of the subdivision, and
will be looking across the lake, the marsh land and the pond into the new
subdivision. Ms. McClure stated she
believes Taylor Morrison has really done everything that Heathrow has asked
them to do. She noted that she sent out
an e-mail to all of her neighbors asking for input; and while quite a few
agreed with her, she advised there were two neighbors that were against the
subdivision since they bought the property thinking they would be looking at a
pond and marsh land and now there will be a road there.
Darin Canetti, 1236 Chessington
Circle, addressed the Board to state that he is retracting his opposition.
Catherine Robbie, 1236 Chessington
Circle, addressed the Board to state that she is retracting her opposition.
Kathy Sutton, 1561 Langham Terrace,
addressed the Board to state that she believes some of the things that Mr.
Darrah and Mr. Holt have said about notifying the residents of Heathrow are not
true and noted that she found out about this proposed development through the
grapevine. She believes that Heathrow
residents were not notified properly about this.
Ms. Sutton stated she has a petition,
as shown on page _______, with over a 100 names on it and believes she could
get more signatures if she had more time.
She would like the decision to be tabled until more of the people's
voices can be heard and explained why people are against the project. Discussion ensued.
No one else spoke in support or in
opposition.
Speaker Request Forms and a Written
Comment Form were received and filed.
Upon inquiry by Commissioner
Dallari, Ms. Sweet described the 300-foot public notice process. She stated they also took into account some
others who were outside of the 300-foot notice.
Ms. Sweet advised properties within the 300 feet and along the
properties' boundaries were notified.
The agenda was published in the Orlando Sentinel and on the County's web
site.
Chairman Carey noted that the
original developer's agreement states that if and when the traffic gets to a
point that warrants a light, the Heathrow Community will be the ones to put the
light in. She stated that as District
Commissioner, she supports this project and recommends approval based on the
staff recommendation and the Development Order as identified by staff during
the presentation.
Motion by
Commissioner Horan, seconded by Commissioner Dallari, to approve transmittal of
the Large Scale Future Land Use Amendment from SE (Suburban Estates) to PD
(Planned Development) and associated Rezone from A‑1 (Agriculture) to PUD
(Planned Unit Development) district for 32.37 acres located on the west side of
Banana Lake Road, south of CR 46A and south of Heathrow Boulevard (2012‑FLUM‑LS.01/Z2012‑006);
as described in the proof of publication, Taylor Morrison of Florida, Inc.
Districts 1, 2, 3, 4 and 5 voted
AYE.
BOARD OF
ADJUSTMENT APPEAL/Henry Woitscheck
Proof of publication, as shown on
page _______, calling for a public hearing to consider an Appeal of the Board
of Adjustment’s decision to approve a variance for a rear yard setback variance
from ten feet to seven feet and a side yard (south) setback variance from ten
feet to two feet for a covered pavilion in the A‑1 (Agriculture) district
for property located on the east side of Markham Woods Road, approximately
1,300 feet south of E.E. Williamson Road, and particularly known as 765 Markham
Woods Road, Henry Woitscheck, received and filed.
Denny Gibbs, Planning and
Development Division, addressed the Board to present the request as outlined in
the agenda memorandum. Ms. Gibbs stated
the appeal concerns the approval of setback variances that were granted by the
Board of Adjustment on June 25, 2012 for a covered pavilion located on the
southeast side of the property and encroaching into the rear and side yard
setbacks. She advised that the appellant
owns the property at 747 Markham Woods Road, which is immediately south of the
applicant’s property.
Ms. Gibbs stated that based on
staff’s original findings, staff recommended the Board of Adjustment (BOA) deny
the variance; but based on evidence presented at the June 25, 2012 BOA meeting,
the BOA granted the applicants’ request.
Staff recommends the Board overturn the decision of the Board of
Adjustment.
Upon inquiry by Commissioner
Henley, Ms. Gibbs stated there were originally three structures that came to
the Board of Adjustment that required variances and she believes there was a
fourth structure that was compliant with the setbacks but needed to get
building permits. She noted that the
only one being appealed is the pavilion.
Upon further inquiry by Commissioner Henley, Ms. Gibbs confirmed that
the sheds did require building permits; and from her understanding, there were
some sheds that did get building permits and some that did not, which brought
the applicant to the place of needing variances.
Upon inquiry by Commissioner Horan,
Ms. Gibbs described the requested variances.
He confirmed with Ms. Gibbs that the only way to comply with the two
feet and three feet encroachment would be to tear the structure down. Commissioner Horan confirmed with Ms. Gibbs
that the structure, in the opinion of staff, is not creating any public health
or safety issue.
Henry Woitscheck, 747 Markham Woods
Road, addressed the Board to state he is the appellant. A recent survey from Mr. Woitscheck was
received and filed. Mr. Woitscheck
stated that he believes the entertainment pavilion will be used for music and
entertainment and is directly adjacent to his property. He explained the buildings on his side did
not have permits and he did not have objections to a smaller building which Mr.
and Mrs. Malik used for their business because it is not obtrusive. He described the pavilion and stated, while
he knows moving it would be a hardship, the building is obtrusive and will be
used for entertainment. He discussed
future building on Markham Woods Road and wondered why they have setbacks if
they are going to abrogate the setbacks.
He stated he received no notification of the construction of the
buildings. Mr. Woitscheck stated he
wonders how the building can be maintained since it can't be maintained unless
they are on his side of the property.
Iram Malik, applicant, addressed
the Board to explain that at the time they bought the house, they built an
addition along with the sheds and the pavilion.
There were several contractors doing this. Ms. Malik stated there were a lot of permits
pulled and there was an oversight and the permit for the pavilion was not
pulled.
Ms. Malik displayed and discussed a
series of photographs (received and filed).
She stated the only time they used the pavilion for entertainment was
for her daughter's 10th birthday some years ago. Ms. Malik discussed the elevation of her
house, which was built in 1999, compared to Mr. Woitscheck's house, which was
built in 1979. She further explained
that Mr. Woitscheck's house is in the front of his property while their house
is located at the back of their property.
Ms. Malik explained that they paid for the addition that was built and
assumed everything else was permitted.
The shed and the pavilion were not permitted. She stated they want to get a variance so
they can get a permit.
Adnan Malik, applicant, addressed
the Board to state the pavilion is not movable and explained that they would
have to tear it apart to move it eight feet in.
He stated the pavilion has been there since 2005 and is solid.
No one else spoke in support or in
opposition.
Speaker Request Forms were received
and filed.
Commissioner Van Der Weide stated
the County has always had a rule, a list of things that they had to be in
compliance with, to get a variance. He
asked Mr. Applegate and Ms. Guillet if this request meets those criteria. Mr. Applegate advised in order to grant the
variance, the Board will have to find that the requirements of the code have
been met, for example, that the special conditions and circumstances do not result
from the actions of the applicants, the granting of the variance request will
not confer the applicant any special privilege that is denied by Chapter 30 to
other lands or structures in the area.
He stated all of the other conditions are in the backup
information. He stated that decision is
the Board's decision and those are the findings that the Board has to make.
Commissioner Henley confirmed with
Mr. Applegate that one of those is that the situation has not been created by
the owner. He then confirmed with Ms.
Guillet that staff is recommending the Board overturn the Board of Adjustment's
decision to grant the variance.
Commissioner Henley stated he looks at this from the standpoint of would
he have voted to approve the variance request had it not been built there; and
he would have to say no, he would not have voted to allow them to do that. He is also concerned that they seem to be
having more and more of these coming up where they go ahead and violate or
build something and then ask forgiveness.
He wonders if that is not spreading out among some of their contractors,
do it and they will get forgiveness later.
He advised he does not want to give that impression at all because they
might as well forget about their criteria.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Henley, to overturn the
Board of Adjustment’s decision, thereby denying a variance for a rear yard
setback variance from ten feet to seven feet and a side yard (south) setback
variance from ten feet to two feet for a covered pavilion in the A‑1
(Agriculture) district; property located on the east side of Markham Woods
Road, approximately 1,300 feet south of E.E. Williamson Road, and particularly
known as 765 Markham Woods Road, as described in the proof of publication,
Henry Woitscheck, Denial Development Order, as shown on page _______.
Under discussion, Commissioner
Horan stated that he believes the encroachment is minimal, that the edifice is
aesthetically pleasing, compatible with the neighborhood, and would have been
permitted otherwise. He noted that to
comply with the variance, which is minimal, it would require the edifice to be
demolished and therefore constitute a hardship.
He discussed the objections. He
explained that he believes the facts specific in unique circumstances do not
create a precedent for or result in a special privilege that would not
otherwise be provided to people in the area.
He believes there was no intent here to violate the variance and the
setback and will be voting to uphold the Board of Adjustment's decision.
Commissioner Henley stated that he
disagrees with Commissioner Horan and believes the situation was created by the
applicant and he would not have voted for it in the beginning. He understands taking it down is a hardship
but it does not meet some of the criteria that they have for approving those types
of things and he believes it is a hardship created by the applicant himself and
not the lot.
Chairman Carey confirmed with Ms.
Gibbs that if the roof from the structure was removed, the deck itself could
stay. Chairman Carey stated the issue
was caused when the roof went on and created the encroachment. She noted that she lives in the Markham Woods
Road area and when her neighbors have parties she never hears them. She believes it is a hardship. She understands that it may have been created
by not necessarily them, but by their contractors.
Upon inquiry by Commissioner
Dallari as to whether someone can put a slab within the side or rear yard
setbacks, Ms. Gibbs explained that once something goes over a certain height,
it becomes a structure. It is the vertical
structure that makes it a structure and subject to the setbacks.
Districts 1, 3, and 4 voted AYE.
Chairman Carey and Commissioner
Horan voted NAY.
CHAIRMAN’S
REPORT
Chairman Carey noted that September
17 is the 225th anniversary of the Constitution of the United States. The Daughters of the American Revolution have
posted a commemorative Constitution online that can be signed. They will also be holding a bell ringing
event in front of the Sanford Museum as part of "Bells Across America"
at 4:00 p.m. on September 17, which is the official start of Constitution
Week.
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Chairman Carey stated they received
the Interlocal Agreement (not received and filed) from Central Florida Area
Workforce Investment Consortium that they have been working on. She stated she and Mr. Applegate reviewed the
document and advised she is requesting consensus of the Board for authorization
to sign the document.
Motion by
Commissioner Dallari, seconded by Commissioner Van Der Weide, to authorize the
Chairman to execute an Interlocal Agreement, as shown on page _______, with
Central Florida Area Workforce Investment Consortium.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman Carey advised that they
received a memo (not received and filed) from Ray Valdes, Tax Collector,
regarding Florida Statute 197.323 and the collection of the 2012 tax roll prior
to completion of the Value Adjustment Board (VAB). Mr. Valdes understands that the late
completion of the 2012 VAB hearings will cause the Property Appraiser a delay
in delivering his 2012 extended ad valorem tax.
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Chairman Carey advised that the
East Central Florida Regional Planning Council, which she and Commissioner
Horan serve on, has engaged with the HUD Sustainable Communities Consortium
grant application. There is an agreement
(not received and filed) that has been submitted to the County for signature
which has been reviewed by Ms. Guillet and Mr. Schneider. She requested Board approval for
authorization to execute the agreement.
Motion by
Commissioner Henley, seconded by Commissioner Dallari, to authorize the
Chairman to execute the East Central Florida Regional Planning Council HUD
Sustainable Communities Consortium Agreement, as shown on page _______.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COMMUNICATIONS
AND/OR REPORTS
The following Communications and/or
Reports were received and filed:
1. Cover letter only dated August 22, 2012 from
Sean M. Snaith, Ph.D. of University of Central Florida to Commissioner Carey
regarding complimentary copy of the July 2012, 30-year Florida & Metro
Forecast published by UCF’s Institute for Economic Competitiveness.
2. Letter dated August 26, 2012 from Hulon Black
to Board of County Commissioners regarding the possibilities of using prisoners
to begin a program called “The Helping Hand.”
3. Letter with attachments received August 29,
2012 from Joe Montisano, CEO of the Central Florida Zoo & Botanical
Gardens, to Chairman Brenda Carey regarding Proposed Central Florida Zoological
Park Expansion - Phase I Environmental Site Assessment Evaluation.
4. Letter dated August 29, 2012 from Diane
Pickett Culpepper of Bright House Networks to Chairman Carey regarding
programming information: WTMO Telemundo
available to preview on the Switched Digital Video system.
5. Copy of cover page only of Final Judgment of
Foreclosure Case No. 59-2011-CA-002194 Citimortgage, Inc. v. Sharon D. May.
DISTRICT
COMMISSIONERS’ REPORTS
Chairman Carey thanked staff for
doing a great job with regard to the Midway Community Center. She advised they had the first community meeting
there and stated it is a very nice facility.
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Commissioner Dallari stated that
they spoke some time ago about having a work session about the funding debt
that has been moved off of 419 from Chuluota and wondered when that will be
scheduled. Brett Blackadar, County
Engineer, addressed the Board to state that a letter from Chairman Carey was
sent to Noranne Downs who responded that they are going through the budget
cycle for the DOT work program, which should be done in November. Then the County will know whether DOT funded
SR 46 in the work program and whether they funded Downtown Oviedo. He advised they need to know those two
decisions before they make their decision, which is why they are waiting. Commissioner Dallari confirmed with Mr.
Blackadar that the work session will be in the December/January timeframe.
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Commissioner Dallari requested that
they do the swearing in ceremony on November 27 instead of December 11. Discussion ensued. Mr. Applegate stated the newly elected Commissioners
take office at midnight on November 20.
The oath is taken care of by a form oath required by the
Constitution. The Constitution does not
set any time for that; but in order to become a Commissioner on November 20,
they have to take the oath first. The
ceremony oath can occur at any time that the Board decides.
Chairman Carey asked if it is the
pleasure of the Board to have the swearing in and the reorganization as a
separate meeting. Commissioner Horan
stated they can do the reorganization at the same meeting. Commissioner Dallari suggested they do the
swearing in and the reorganization on November 27.
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Commissioner Horan described an
issue where a developer on U.S. Highway 17-92 in the CRA wants to develop on a
corner where part of the property was annexed through a flagpole annexation by
the City of Winters Springs years ago.
He stated the developer needs a particular sign that would not be
allowed under the sign ordinance because the sign ordinance, as it applies to
the CRA, doesn't give any kind of leeway.
Instead of requiring the developer to annex into Winter Springs and
increase the developer's cost by $20,000 to $30,000 for the additional taxes,
he wondered if there is a way to ask staff to look at the sign ordinance and
provide some kind of leeway or procedure.
Upon inquiry by Commissioner
Henley, Commissioner Horan stated all of the property is in the CRA. Commissioner Henley stated it is his
understanding that all of the cities agreed that the CRA guidelines would
prevail.
Ms. Guillet stated that from a
regulatory standpoint, the CRA does not have any impact on the
development. There is no regulatory
element to the CRA; it is simply a funding structure. Ms. Guillet stated that one of the parcels is
in the City of Winter Springs and two or three of them are not. The only issue that she is aware of from a
signage standpoint relates to a billboard, and the County has very specific
standards in dealing with billboards.
She understands that the City of Winter Springs is having difficulty
dealing with the billboard issue as well.
Commissioner Horan stated that
basically the issue is that in Winter Springs they have discretion under their
sign ordinance and the County does not.
He described what happens if the billboard is taken down or
relocated.
Commissioner Horan requested that
staff be directed to review the billboard and sign ordinance to give the Board
the kind of discretion they would need in a situation like this and not have to
require a developer to do what is essentially an illogical thing.
Upon inquiry by Chairman Carey, Ms.
Guillet explained they want to rebuild the billboard on the same site; but they
want to raise the billboard, which would require reconstruction of the
billboard. The County's ordinance is very
specific that if someone wants to reconstruct, they have to meet the criteria
of removal. Chairman Carey stated she
believes if someone wanted to go from an old-fashioned board to a modern board
and they already have a billboard on the site, they could make those changes.
Commissioner Horan stated the issue
is in the way their ordinance reads and that there is no ability to grant an
exception for public interest or for anything else. He is requesting the Board provide direction
to staff to review the ordinance so that in the situation they have right now,
it could be addressed.
Ms. Guillet stated that perhaps
staff is misinterpreting the Board's intent with regard to the term
"reconstruct" in the Code. Mr.
Applegate suggested his office review the issue and report back to the Board on
the appropriate steps they can take.
Chairman Carey stated if someone
has a billboard on a site and they want to change it and it has not been torn
down by a storm by 50% or more, they can rebuild the billboard. She suggested staff review the issue.
Commissioner Henley stated the
Board needs to be aware that there are specific reasons why they adopted the
policy they have. The Board was intent
on trying to take down as many non-conforming billboards as they could and that
is why they went to the trade-off, which has been very successful. Commissioner Henley stated he has no problem
with going back and visiting the issue.
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Commissioner Henley explained that
LYNX, who was at an impasse, went to the Special Master with eight items. One of the items was that LYNX had been
paying 100% of the health insurance for retirees. Another item had to do with the compensation
and trying to move from a defined benefit to a defined contribution in order to
control that cost better. Commissioner
Henley explained the Special Master ruled in the union's favor on every item
but he stated it was because there was no evidence to support the
position. In responding to the Special
Master, LYNX has refused to accept any of his rulings so it will come back to
the LYNX board. He stated they are in a
dark period where the board cannot talk to the union nor to staff but that the
day will be set soon for the board to deal with each of these items. They are trying to get better control of the
budget.
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Chairman Carey stated she does need
a formal action to direct the Tax Collector to begin collection of 2012 taxes
on November 1.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to direct the Tax
Collector to begin the collection of the 2012 taxes on November 1.
Districts 1, 2, 3, 4 and 5 voted
AYE.
ITEMS FOR
FUTURE AGENDA
John Casselberry, 700 South Lost
Lake Lane, addressed the Board to discuss substituting a service tax for an ad
valorem tax. He thinks the County should
ask the State to do a new estimate as to what they think they would gain in
revenue by doing that and believes they should look at a service tax again as a
substitute this time instead of an additional tax. If they start with a 1% service tax, they may
see less opposition.
Speaker Request Form from John
Casselberry was received and filed.
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There being no further business to
come before the Board, the Chairman declared the meeting adjourned at 3:15
p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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