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.
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.
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.
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:
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.
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.
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.
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.
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.
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:
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.
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
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:15 p.m., this same date.