BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
September 24, 2013
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 24, 2013, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Robert Dallari (District 1)
Vice Chairman John Horan (District 2)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Court Maryanne Morse
County Manager Jim Hartmann
County Attorney Bryant Applegate
Deputy Clerk Eva Roach
Father Richard Voor, All Souls Catholic Church, Sanford, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
Chairman Dallari stated the Board has been provided with gold ribbons from Sanford Middle School signifies children fighting cancer through the organization Base Camp, and they have asked the Board to wear the ribbons during the month of September which has been designated as Children’s Cancer Month.
AWARDS AND PRESENTATIONS
Motion by Commissioner Constantine, seconded by Commissioner Carey to adopt a Proclamation, as shown on page ________, proclaiming the month of September as "Hispanic Heritage Month" in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Proclamation was presented to Diane Bolivar, President of the Hispanic Chamber of Commerce of Metro Orlando, who addressed the Board to express her appreciation for recognizing Hispanic Heritage Month.
Motion by Commissioner Horan, seconded by Commissioner Carey to adopt a Proclamation, as shown on page _______, proclaiming the week of October 6 through October 12, 2013 as "National 4-H Week" in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Proclamation was presented to Shane Michael, Cooperative Extension Services, who addressed the Board to thank the BCC for supporting 4-H over the years. He stated the Cooperative Extension Services will be celebrating the signing of the Smith Lever Act in 2014 which created their office.
Motion by Commissioner Carey, seconded by Commissioner Horan to adopt a Proclamation, as shown on page ________, proclaiming October 25 through October 27, 2013 as "Cares Enough to Wear Pink Days" in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey reported that there is an event going on at Colonial Townpark. Pink T-shirts are available for $12.00 and the proceeds will go to the nonprofit organization. If anyone wants additional information, they can contact her office.
Jazlyn Doolittle, EMS/Fire Rescue, addressed the Board to express her appreciation. She stated she feels that this is a great opportunity for Public Safety employees to get involved with the community while raising money for local charities. The Public Safety Division will be involved in the Gina Reynolds Foundation as well as the “Fight for Alex” campaign. The Seminole County Public Safety Division is reaching out to the local city fire departments. She informed the Board of the events that will take place from noon to 11:00 p.m. on October 12, 2013 at the Colonial TownPark near Heathrow.
SEMINOLE BUSINESS SPOTLIGHT
Seminole Business Spotlight – CFE Federal Credit Union video was presented.
COUNTY MANAGER’S CONSENT AGENDA
Jim Hartmann, County Manager, informed the Board of an add-on, Item #24A, authorize staff to construct an unpaved road to gain access to 2450 West 18th Street. He noted that staff would like to pull Item #37, Code Enforcement Board Lien.
Upon inquiry by Commissioner Carey, Tad Stone, Public Safety Director, addressed the Board to advise that Item #21, Approve an Agreement with Volusia County regarding Automatic Aid/Closest Unit Response, is fixed at $20,000 a year and the County will be backcharging the full amount for the services retroactive from October 1, 2012. He stated as soon as the Board approves this agreement, they will be sending an invoice to Volusia County.
Motion by Commissioner Horan, seconded by Commissioner Carey to authorize and approve the following:
4. Approve and authorize the Chairman to execute the Seminole County/Florida Department of Health 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. Approve and authorize the Chairman to execute the Contract, as shown on page ________, between Seminole County and State of Florida Department of Health for Operation of the Seminole County Health Department Contract Year 2013-2014 in the amount not to exceed $807,970.
6. Adopt and authorize the Chairman to execute appropriate Resolution #2013-R-221, 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.
Community Development Division
7. Approve and authorize the Chairman to execute the County Deed, as shown on page _______, that transfers ownership from Seminole County to Mount Olive Missionary Baptist Church, Inc. for property located at 109 and 111 De Soto Avenue, Altamonte Springs, Florida.
8. Approve the Community Services Compliance Office to impose a non-correctable Finding of Non-compliance for FY 2012/13 on IMPOWER (f/k/a Intervention Services), regarding its program that provides housing to persons aging out of foster care as a result of staff's monitoring performed as standard procedure according to the Community Services Agency (CSA) Partnership Program guidelines.
9. Approve and authorize the Community Assistance Division to hire a full-time temporary Project Manager 1 for the Shelter Plus Care Program which coordinates housing and supportive services for chronically homeless persons with disabilities and their families who are living in emergency shelters or places not intended for human habitation.
10. Approve and authorize the Chairman to execute the Community Based Care of Central Florida Agreement, as shown on page ________, (Year 4 - Children's Mental Health Grant) to reflect the annual award as well as carry over unobligated funds from year three to year four for continued planning and implementation activities.
Planning & Development Division
11. Adopt appropriate Resolution #2013-R-225, as shown on page _________, vacating and abandoning the platted East 4 feet of the West 7.5-foot utility easement, less the South 5 feet, and the South 1-foot of the North 5-foot utility easement, Lot 433, Wrenwood Unit Three Third Addition, according to the plat thereof, as recorded in Plat Book 22, Pages 50 though 51, of the Public Records of Seminole County, Florida, more particularly known as 5200 Ardmore Drive, Rex and Shelly Price.
12. Approve the final plat for Peninsula at Island Lake Subdivision containing 11 lots on 10.68 acres zoned R-1AA (Single-Family Dwelling), located north of the intersection of Adams Street and Suniland Avenue; Jack Reynolds.
13. Approve and authorize the Chairman to execute the Transit Shelter Interlocal Agreement, as shown on page ________, by and between Seminole County, Florida and Central Florida Regional Transportation Authority (d/b/a LYNX).
Solid Waste Management Division
14. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Junk Squad Orlando LLC, from October 1, 2013 to September 30, 2014.
15. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page _________, for Safety-Kleen Systems, Inc., effective from October 1, 2013 through September 30, 2014.
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, 2013 through September 30, 2014.
17. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity, as shown on page ________, for EQ Florida, Inc., effective from October 1, 2013 through September 30, 2014.
18. Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Progressive Waste Solutions of FL, Inc., from October 1, 2013 to September 30, 2014.
19. First Amendment, as shown on page ________, to Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services between Junk Squad Orlando, LLC and Seminole County.
20. First Amendment, as shown on page ________, to Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services between Waste Services of Florida, Inc. and Seminole County.
21. Approve and authorize Chairman to execute the Agreement, as shown on page ________, between Seminole County and Volusia County regarding Automatic Aid/Closest Unit Response for Fire and Emergency Medical Services in Lake Harney District 37.
22. Adopt appropriate Resolution #2013-R-226, as shown on page _________, and authorize the Chairman to execute a Local Agency Program Agreement, as shown on page ________, with the State of Florida, Department of Transportation, for the construction of sidewalks along both sides of Snow Hill Road from County Road 419 to Jacobs Trail in the vicinity of Walker Elementary School. (FDOT - FPN: 429598-1-58-01).
23. Approve and authorize the Chairman to execute an Amendment, as shown on page ________, to Declaration of Easements between Seminole County and Standard Pacific, as provided by this Amendment to be substituted as the Grantee under the Declaration, to modify the legal description of the Grantee's land, as the benefited parcel under the Declaration, as set forth in more detail in this Amendment, and to reaffirm certain terms and obligations contained within this Amendment to Declaration of Easement, with respect to the Declaration of Easements recorded in Official Records Book 3488, Page 1850, of the Public Records of Seminole County, Florida.
24. Adopt appropriate Resolution #2013-R-227, as shown on page ________, and authorize the Chairman to execute a County Deed, as shown on page ________, conveying all right, title and interest in land identified as Parcel Number 112.1 to the State of Florida, Department of Transportation, in conjunction with the Sanford SunRail Station. The subject parcel, identified by FDOT as Parcel Number 112.1 is located at State Road 46 and Airport Boulevard.
24A. Approve and authorize County staff to construct an unpaved road, approximately 15 feet wide, within an unopened County right-of-way to provide access to 2450 West 18th Street.
25. Approve and authorize the Chairman to execute the Wilshire Plaza, Phase II Lease, as shown on page ________, with Crystal Bay Club, LLC for office space located at 336 Wilshire Boulevard, Casselberry, FL.
26. Approve and authorize the Chairman to execute the Emergency Medical Services (EMS) Trust Grant Application, as shown on page ________, for $93,771 in grant funds from the Florida Department of Health and approve appropriate Resolution #2013-R-228, as shown on page ________, authorizing staff to submit the application.
Budget and Fiscal Management Division
27. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-229, as shown on page ________, implementing Budget Amendment Request (BAR) #13-115 in the amount of $40,913 through the Technology Replacement Fund to appropriate funding for the replacement of technology equipment per the BCC approved Lifecycle Replacement Plan.
28. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-230, as shown on page ________, implementing Budget Amendment Request (BAR) #13-124, through the General Fund to establish a Sanlando Park Tennis Court Drainage project (#00234659) and budget for the emergency drainage repairs required, estimated at $16,575. Funding is being provided from Parks operating budget.
29. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-231, as shown on page _________, implementing Budget Amendment Request (BAR) #13-125 through the Transportation Trust Fund and General Fund to reduce the budget of the Sweetwater Cove dredging project in the amount of $750,000 and reduce the transfer from the General Fund to the Transportation Trust Fund by the same amount.
30. Approve and authorize the Chairman to execute appropriate Resolution #2013-R-232, as shown on page ________, implementing Budget Amendment Request (BAR) #13-126 in the amount of $300,000 through the Infrastructure Imp/Capital Projects Fund to appropriate additional funding in the Radio System P25 Upgrade project for the replacement of four dispatch consoles for the Seminole County Sheriff's Office backup dispatch facility on Primera Blvd. in Lake Mary. Reserve balance after this budget amendment will total $705,132.
Purchasing & Contracts Division
31. Award CC-8799-13/DRR, as shown on page _________, Construction Services Agreement for Osceola Road Landfill Entrance Road Improvements in the amount of $360,811 to Ranger Construction Industries, Inc. of Winter Garden, FL; and authorize the Purchasing & Contracts Division to execute the Agreement.
32. Award IFB-601758-13/GMG, as shown on page _________, Term Contract for Curbs, Gutters, Sidewalks, Concrete and Asphalt Repairs and Replacements, to AJC Construction LLC, Orlando (Primary Contractor) and Central Florida Environmental Corporation, Winter Springs (Secondary Contractor); and authorize the Purchasing and Contracts Division to execute the Agreements.
33. Award RFP-601666-13/TLR, as shown on page _________, Parks and Events Concession Services Agreements for Park Concessions to Chris Miller d/b/a Hot Dog Beach, Oviedo, revenue generating agreement with user fee at 15%; and to Bout My Fathers Business, Oviedo, revenue generating agreement user fee at 15%; and authorize the Purchasing and Contracts Division to execute the Agreements.
34. Award RFP-601792-13/BJC Term Contract, as shown on page _________, for Closing Agent, Title Search and Title Insurance Services to First American Title Insurance Company, Altamonte Springs; and authorize the Purchasing and Contracts Division to execute the Agreement.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley to authorize and approve the following:
35. Approval of Expenditure Approval Lists, as shown on page ________, dated August 19, 26, and September 3, 2013; and Payroll Approval List, as shown on page _________, dated August 29, 2013; and noting, for information only, the following Clerk’s “received and filed”:
1. Addendum #1, as shown on page _______, to Cameron Heights Planned Development Developer’s Commitment Agreement Commitments, Classifications and District Description.
2. Certificates of Authenticity, as shown on page _______, for Seminole County’s Big Tree “The Senator” for Robert Dallari; James and Diane Anderson; Dr. Daniel H. Drake; Sharon Wnuck; Stewart Bond; Kathy Nordham; Michael Connolly; Marilyn Davis; Michelle Miller; Joshua Miller; Joan Gardner; Rock Lake Middle School; Jim Farmer; Lou Farmer; Michael H. Hopkins; Cynthia Tomerlin; Charles Bolton; Joseph Ambrose, Sr.; Horst Riechers; Karen Powers; Laurie Hadley; Mary Beth Davila-Aponte; Richard S. Casselberry; SPCA of Central Florida; Virginia Buckner; Congressman John Mica; Deborah Ann Huba; Mickey Fasulkey; and David DeRienzo.
3. Letter from Chairman Robert Dallari to Harry Barley, MetroPlan, regarding the appointment of Marylou Andrews as an alternate for Regina Bereswill on the MetroPlan Transportation Study Citizens Advisory Committee as approved by the Board of County Commissioners on August 13, 2013.
4. Conditional Utility Agreements, as shown on page _______, for Potable and Reclaimed water and sewer service between Seminole County and Standard Pacific of Florida GP, Inc., for the project known as Lake Markham Landing, for 16,100 gallons per day (gpd) for Potable water, 20,514 gpd for Reclaimed water, and 13,800 gpd for sewer.
5. Customer Agreement, as shown on page _______, for Reclaimed Water Rates with Northview Knights Housing, LLC.
6. Amendment #1, as shown on page _______, to Work Order #5 to RFP-5847-10.
7. Second Amendment, as shown on page _______, to IFB-601656-13.
8. Amendment #2, as shown on page _______, to Work Order #10 to PS-4736-09.
9. Work Order #8, as shown on page _______, to CC-8199-12.
10. Amendment #1, as shown on page _______, to Work Order #11 to PS-2051-07.
11. Work Order #47, as shown on page _______, to PS-3914-08.
12. Fully Executed Local Agency Program (LAP) Agreement, as shown on page _______, with the State of Florida Department of Transportation for the design and permit of a sidewalk at the back of the curb on the north side of County Road 46A (West 25th Street) from west of Club Road to east of Old Lake Mary Road (FDOT-FPN: 427899-1-38-01) as approved by the Board of County Commissioners on March 26, 2013.
13. Memorandum, as shown on page _______, dated August 20, 2013 from Community Services Director to County Manager regarding NSP Unauthorized Commitments for RFP-7423-12 and RFP-CS01-12.
14. Amendment #4, as shown on page _______, to Work Order #1 to PS-7397-11.
15. PS-8286-13, Engineering Services Agreement, as shown on page _______, for Miscellaneous Capacity and Safety Improvement Evaluations with Kittelson & Associates, Inc. as approved by the Board of County Commissioners on May 14, 2013.
16. Water & Sewer Improvements Cash Maintenance Bond, as shown on page _______, with Escrow Agreement for the project known as Northview Knights Housing in the amount of $1,996.60.
17. Water & Sewer Improvements Cash Maintenance Bond, as shown on page _______, with Escrow Agreement for the project known as Carrigan Commercial Plat/Pep Boys in the amount of $1,180.19.
18. Amendment #5, as shown on page _______, to Work Order #7 to PS-4906-09.
19. Letter from City of Longwood enclosing Ordinance #13-2005, adopted on August 19, 2013 by the City, regarding annexation.
20. First Amendment, as shown on page _______, to CC-8548-13.
21. Work Order #13, as shown on page _______, to RFP-7423-12.
22. Work Order #57, as shown on page _______, to PS-4388-09.
23. Grant Agreement, as shown on page _______, with the Florida Division of Emergency Management in acceptance of $105,806 for the FY 2013-14 Emergency Management Preparedness and Assistance Grant as approved by the Board of County Commissioners on June 25, 2013.
24. Work Order #2, as shown on page _______, to PS-8186-13.
25. Change Order #1, as shown on page _______, to CC-8159-12.
26. Approval Development Order #13-30000068, as shown on page _______, Ryland Group, Inc., 8163 Lazy Bear Lane, Administrative Variance.
27. Memo from Lee Shaffer, Principal Engineer, enclosing Right-of-Way Utilization Permit Maintenance Bond #3339601, as shown on page _______, in the amount of $4,141.50 for Silver Spring Square.
28. Memo from Lee Shaffer, Principal Engineer, enclosing Private Road Maintenance Bond #58673038, as shown on page _______, in the amount of $188,922.28 for the Preserve at Eagle Lake Subdivision.
29. Bids as follows: RFP-601666-13; RFP-601793-13; and IFB-601758-13.
Districts 1, 2, 3, 4 and 5 voted AYE.
Tony Matthews, Planning, addressed the Board to present request to approve a Special Event Permit for the Holy Trinity Greek Orthodox Church Greek Food Fest 2013 Special Event to be held from November 1, 2013 through November 3, 2013. He stated the special event permit in the agenda packet addresses the event description, dates and times, estimated number of attendees, parking, and security. Staff recommends approval of the request including staff’s recommended conditions.
Motion by Commissioner Constantine, seconded by Commissioner Horan to approve a Special Event Permit for the Holy Trinity Greek Orthodox Church Greek Food Fest 2013 Special Event to be held from November 1, 2013 through November 3, 2013, with staff recommendations.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari advised that the request for an Appeal of the Deputy County Manager’s Denial of the request for reduction of the Code Enforcement Board Lien from $54,750 to $0.00, for Case #10-24-CEB, on property located at 310 Baron Cove, Altamonte Springs, Tax Parcel #07-21-30-300-0650-0000, Land Trust Service Corporation Trust FBO (current owners), Dyanna Hirmiz, has been pulled from the agenda.
COUNTY MANAGER’S AND STAFF BRIEFINGS
The Board noted, for information only, the Information Budget Transfer Status Report for FY 2012/13.
Gary Rudolph, Water and Wastewater Manager, addressed the Board to give an update on the AMR Meters. He stated at the July 23, 2013 work session, the Board gave direction to provide information to the customers and to collect feedback. Over 37,000 cover memos and pamphlets were mailed to County customers providing information on the AMR Meters systems. Staff received a total of 62 responses and all but three were positive or just requested more information. One of the three that did not want the AMR meter installed was not a County customer. Staff feels that with the low level of concern, they can handle these on a case-by-case basis, and if the cost impact becomes substantial, they will readdress the concern with the Board for direction.
Commissioner Carey advised that she had two people that left voicemails with her office as well some written correspondence (all received and filed).
Upon inquiry by Chairman Dallari relating to a case-by-case basis, Mr. Rudolph advised what staff means is if an individual says that they would not like to have that system on their meter, they will still be part of the meter change-out program but an AMR head will not be placed on their meter. They would therefore have an analog meter and those will continue to be read manually.
Commissioner Carey stated since the numbers are so low and if they see that there is a need to change the policy, the Board can revisit the program at any time.
Commissioner Horan explained the reason why the County is going with these devices. He said he feels it is paramount that they have complete transparency to make sure that they don’t create an environment that can be exploited by those who might desire to invade the privacy of the citizens.
Diana Evans, 1471 Southwind Dr., addressed the Board to explain the reason why there has been so little response from the citizens. She stated she has previously addressed an opt-in bill to the Board and that has not been done to date. She said she has fought for many years against government getting bigger and more powerful to the detriment of the people who elect them. She addressed issues with regard to government intrusions into their daily lives, and the water meters being a form of a smart meter and not being secure.
Ms. Evans requested an opt-in bill before any more meters are installed. She said this will give the citizens the power rather than the government. She added the opt-in bill will require the Water Department to ask each household in writing whether they want a smart meter installed. It will also require the department to include a full explanation of smart meters (pros and cons). She also asked the Board to appoint a panel of informed citizens to oversee that explanation to avoid another misleading brochure. It will require a written consent or rejection by the citizen. She asked that those who already had the smart meters installed without their knowledge or consent receive a letter giving them an option of having the meter removed with a possible $2.00 a month penalty for two years.
Cindy Youell, 351 Prima Vera Cove, addressed the Board to state their right to privacy seems to be something of days gone by. She discussed the surveillance that is going on throughout the nation and the invasion of their privacy.
Don Epps, 144 Peacock Drive, addressed the Board to read into the Record an e-mail from Tina Woode commenting on the water meter replacement program. He stated the bottom line is he is just asking that citizens be given an opportunity to make a decision regarding opt-in or opt-out provision.
Meg Young, 3208C East Colonial Drive, addressed the Board to state she feels that, as a real estate broker, there is a lot of misinformation as to what is happening and she is here for private property rights. She said she feels the people should always have a choice to protect their private property and to understand what is being put on homes.
Joseph Young, 1483 Canterbury Circle, addressed the Board to state he actually has a smart meter on his house. He said it is important to look at the pros and cons. He added he feels something needs to be done to get more input out there so that the people can understand what the purpose of this meter is and what can be done. He concluded they need to find a way to make it compatible with securing the safety and concerns of the residents.
Speaker Request Forms were received and filed.
Commissioner Carey stated she feels that staff has done a good job in researching the meters. She said according to law enforcement, the latest crime spree is burglars knocking on doors to see if anyone is home, and if they do not answer, they kick the door open; it is on the uptick throughout the country. She stated there is not an issue with the burglars getting their information from the meters. The direction that the Board gave is if anyone doesn’t want the meter, then they do not have to get it installed. All they have to say is they do not want it and staff will deal with that. If they get to the point where they are not doing that, then the Board will have another discussion as to whether they need an opt-in or opt-out provision. She added she was not in support of an opt-in provision. She concluded that by allowing the customers to not have this meter put on their home, they have done what the people have asked them to do.
Commissioner Henley stated this Board, from day one in dealing with these, has been transparent. He stated the reason they are on television to this day is to allow people who can’t be here to see what is going on with their government. He reminded everyone that responsibilities have been placed on the Board so they can be efficient with the citizens’ tax dollars. If they don’t, then taxes will go up. He stated he does not know of any harm that has occurred as a result of the action taken to be more efficient and more cost effective through this effort. He added Seminole County paid close to $1 million in penalties because they had not been keeping up with those who were using far more water than what was allotted. The taxpayers are paying for that penalty. The County is trying to protect the rights of the citizens. He said he doesn’t see any harm in the action that has been done and that is why he supports that action.
Mr. Rudolph explained for Chairman Dallari how they can inform the existing customers that they have the ability to have the meter heads removed.
Commissioner Carey stated she doesn’t see an issue with including an enclosure with the water bills informing customers that they have had an AMR meter installed, and if they would like it removed, they need to contact the Environmental Services office.
Chairman Dallari stated he believes the Board is agreeing to a policy that for any existing water meter, where the meter head has been installed, the customers have the ability to have it replaced. There will be no additional cost to the customer unless it comes back to the Board.
Mr. Rudolph stated staff will come up with some language so that customers understand what the Board wants.
Commissioner Constantine stated if it gets to the point that it is becoming prolific or is costing the County money, then it is important that staff bring it back to the Board. He stated those individuals who want to opt out were willing to pay extra to have that ability. He informed staff that if it is costing the County more, then the Board needs to be informed.
Commissioner Henley stated he would vote to not allow customers to opt out because he doesn’t see that they can ever prove there is a danger to having these meters. He added if it becomes not cost effective and not an efficient use of staff’s time, then he would say yes to undo what they have done.
Commissioner Horan stated if the scope of resistance was small, then there wouldn’t be a charge if someone didn’t want the meter. There is no real additional marginal cost in manually reading a meter for one person on the street. If it gets to a critical mass of reading people’s meters, then staff can come back to the Board. The County can protect the minority rights of those who do not want the meters and at the same time serve all the citizens by providing the most efficient service and using technology in a responsible way.
Commissioner Carey requested staff provide a copy of the enclosure for the Board to review prior to sending it out.
Chairman Dallari requested that all Board member aides are provided a copy of the enclosure as well.
Chairman Dallari announced that the Leisure Services Master Plan and Sports Complex Work Sessions will begin in 10 minutes in Room 3024.
Chairman Dallari recessed the meeting at 10:35a.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 replaced by Chief Deputy Clerk Bruce McMenemy; and, with the exception of Deputy Clerk Eva Roach who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Horan, to authorize the filing of the proof of publication for this meeting's scheduled public hearing into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
LAKE MARY CENTER
ROSS DRESS FOR LESS
SIGN VARIANCE/Tom Bradford
Proof of publication, as shown on page _______, calling for a public hearing to consider a request for a wall sign variance from 100 square feet to 330.70 square feet; and a maximum total sign area variance from 258 square feet to 490.75 square feet, for Ross Dress For Less (Ross), located on property at the southeast corner of Lake Mary Boulevard and Lake Emma Road, more particularly known as 3765 Lake Emma Road, Tom Bradford, received and filed.
Jodi Doyle, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. She referred to the sign rendering and the Justification Statement from the applicant provided in the Agenda Memorandum and stated Ross is proposing 52% more copy area than provided in the Land Development Code (LDC). She then reviewed the criteria in the LDC required for staff to recommend approval of the variance. She stated that staff findings conclude that the site does not meet the criteria; therefore, staff recommends denial of the wall sign variance request. She also noted that the City of Lake Mary contacted the County and stated that they concur with staff’s recommendation.
Upon inquiry by Commissioner Carey, Ms. Doyle advised that the square footage sign allowance under the standard sign code, based on 129 linear feet of building frontage, would still be 258 square feet total for the site. She said they could put more on the wall in the standard sign code district; it is not limited to the 100 square feet as it is in the Lake Mary Boulevard overlay district. Upon further inquiry, Ms. Doyle discussed the total frontage of the former Albertsons space.
Tom Bradford, Kendal Signs, addressed the Board to speak in support of the variance. He distributed and displayed a rendering of the store sign (copy received and filed) with the size being limited to a 100-square-foot area. He stated the sign will not be visible to vehicular traffic entering from either entrance and that customers should not have to be searching for a sign when operating a vehicle on the property. He then displayed a pictorial (copy received and filed) of two monument signs, and said Ross is proposing to share sign space, originally occupied by Albertsons, equally with the incoming Fresh Market that will be next door to the Ross location. He said they are being forced to fit into an existing scenario from a free-standing signage standpoint and also getting hit on the back end with the limitation of 100 square feet of wall sign area on the building. He added that the signage is disproportionately small at 100 square feet and looks awkward. Upon inquiry by Commissioner Horan, Mr. Bradford explained that 100 square feet is the limit for copy including any background. Upon further inquiry, Ms. Doyle replied that the previous Albertsons sign did not comply with the LDC and that many of the retail spaces at this site are probably non-conforming. She explained the first building permits for this site were pulled in 1987, and not until 1989 did the overlay district come into being. She gave the particulars on the previous Albertsons signage and displayed a rendering (received and filed).
Mr. Bradley stated the economy was booming in 1989 and businesses were anxious to occupy space on Lake Mary Boulevard. Mr. Bradley distributed and displayed an alternative option for signage (copy received and filed), and he stated the total sign area on this rendering is 180 square feet. Upon inquiry by Commissioner Henley, Mr. Bradley advised that this option does not meet the Lake Mary overlay district requirements.
Erik Huskey, Ross Stores, Inc., addressed the Board to state that Ross is a store of the community. He stated the sign is their logo or national brand and is a big deal for them. They are a U.S. company and are expanding throughout the United States. He stated they do a lot for the communities, a lot for the Boys & Girls Clubs and the American Heart Association. They are a green company and are very economically minded. He reiterated the safety issue of looking for the sign while driving and the disproportionate size of the sign.
Kevin Sobel, Equity One, addressed the Board to state they are the Property Manager and the landlord for Lake Mary Center. He said the sign would be significantly disproportionate from the façade. The façade has been modified since Albertsons vacated the space and the new façade creates two brand new storefronts. He said this shopping center is going through an internal redevelopment, and Ross was the business that pushed the domino, followed by Fresh Market. The previous K-Mart space will be subdivided into three bays to be occupied by national anchors. He stated a lot of money is being spent to get these types of merchants into their community. Commissioner Carey stated that the landlord is having to make a substantial investment into the Center to bring it up to today’s standards. She said she knows the importance of signage to national retailers, and in some cases they won’t come to the area because of signage.
Mr. Bradford suggested that it may be time to look at master signage plans as opposed to overlay districts that were created when the economy was booming. Commissioner Carey stated that master signage planning is something they may want to look at especially in the redevelopment of the centers. She said she believes millions of dollars are being invested in this Center to get it re-skinned, re-divided and built out, which is a big investment that helps the tax base, and it will reset the price of the Center.
Nicole Guillet, Development Services Director, addressed the Board to state she believes this was not what was contemplated when the overlay district was put in place, and there are often unintended consequences with code revisions. In this particular situation, if the Board elects to grant a variance, she suggested they also consider giving staff direction to work with the Center owner to do maybe an overall variance for the entire shopping center and come back with a master variance proposal with regard to the Lake Mary overlay district. She explained staff is in a tough position here because there is a provision in the LDC that was adopted by the Board that says any non-conforming sign, when the business changes, has to come into conformance. She suggested they may want to consider giving staff direction to take a look at some of the sign regulations to see if, especially in this overlay district, they may be able to develop something for the Board’s consideration that gives staff and the business community a little more flexibility.
Commissioner Carey stated she is happy to look at a master sign allocation for these centers because they want them to redevelop. She said the International Council of Shopping Centers (ICSC) has done an analysis of the importance of signage and there is a lot of information out there. They know there are others trying to come into that Center so this would be a good “test case.” Ms. Guillet advised that when they redid the PUD regulations, they increased flexibility for the Board with regard to signage under the PUD zoning category. Also they have tried to work on a case-by-case basis with multiple-tenant centers to be able to transfer things around.
Upon inquiry by Chairman Dallari, Ms. Guillet stated there is a mix of conforming and non-conforming signs and they will bring the City of Lake Mary into any conversation they have because they were concerned about the integrity of the overlay.
Commissioner Carey stated they have a square-footage rule that didn’t take into consideration the size of the centers. She believes they can protect the look and integrity of Lake Mary Boulevard, which is one of the prettiest roads in the County.
Ms. Guillet advised that normally a variance would be required to go through the Board of Adjustment (BOA) if it did not meet the current code. She asked they consider striving for equity so that everyone is playing under the same rules. She added if there are extenuating circumstances, obviously the Board has the authority to grant variances if they find there is a hardship.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Commissioner Henley stated it is commendable that Ross has a policy of giving back to the community and they encourage all the businesses here to do likewise. He agrees that Lake Mary Boulevard is probably the prettiest street they have and it didn’t happen by accident, but by design. The design was the Lake Mary overlay requirements. He said that the City of Lake Mary has taken a position against the Board granting this request. Signage is important to every business and this situation is not totally unique to this plaza. If they are going to try to master plan it, he believes it should be done before they start piece-mealing and then be inundated with requests from everyone out there.
Motion by Commissioner Henley, seconded by Commissioner Constantine, to deny the request for a wall sign variance from 100 square feet to 330.70 square feet; and a maximum total sign area variance from 258 square feet to 490.75 square feet, for Ross Dress For Less, located on property at the southeast corner of Lake Mary Boulevard and Lake Emma Road, more particularly known as 3765 Lake Emma Road, as described in the proof of publication, Tom Bradford, based upon staff findings and that it does not meet the criteria of the Land Development Code Section 40.171.
Discussion ensued regarding the time it would take for staff to look at a master signage plan and bring it back as a policy, trying to find a compromise for Ross, and the option for Ross to put up a temporary banner sign. Mr. Bradley advised that Ross would like to open in time for Thanksgiving and the holiday season.
Commissioner Constantine said he believes that Ross is a destination location; most people know where they are going when visiting the store. He said he also believes this will be an ongoing problem in the overlay district.
Ms. Guillet suggested continuing the item because they will be able to move forward at the next meeting without re-advertising it.
Bryant Applegate, County Attorney, suggested the motion and the second be withdrawn and they continue the hearing with another motion.
Commissioner Horan confirmed with Mr. Applegate that they are acting in a quasi judicial capacity. Upon inquiry, Mr. Applegate advised the Board has authority to grant the variance for the modified sign option. Commissioner Horan stated that based upon the evidence and materials submitted, he finds from the facts that the granting of a variance would not be detrimental to the property or improvements in the area in which the property is located. He finds that the strict adherence to the regulations that exist would actually be a detriment to the property because of the signage being disproportionate to the façade. The conditions upon which the request for a variance is based are unique to this property based upon the way the property is configured, upon its location in relation to the two streets, and based upon the fact that there are non-conforming signs throughout the Center. He said from the evidence, he feels a hardship would be fixed upon the owner. His inclination is to grant the variance with the alternative option.
Mr. Applegate recommended they continue the item. He said he would like to look at this with Growth Management to determine whether or not they can modify the request for the size of the sign.
Commissioner Henley stated that in view of the County Attorney’s comments, he will withdraw the motion. Commissioner Constantine withdrew his second.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Henley, seconded by Commissioner Constantine, to continue to October 8, 2013 at 1:30 p.m., or as soon thereafter as possible, the request for a wall sign variance from 100 square feet to 330.70 square feet; and a maximum total sign area variance from 258 square feet to 490.75 square feet, for Ross Dress For Less (Ross), located on property at the southeast corner of Lake Mary Boulevard and Lake Emma Road, more particularly known as 3765 Lake Emma Road, as described in the proof of publication, Tom Bradford.
Under discussion, the Board discussion the timing of the decision and the preservation of the Lake Mary overlay corridor.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari advised that he received a request from Harry Barley at MetroPlan to ask for two staff members for the Regional Southeast Corridor Concept Study Plan for the Aloma Spur. Staff recommended Bill Wharton in Planning & Development and Tom Tomerlin, Economic Development Director, as the County representatives. Upon inquiry by Commissioner Carey, Chairman Dallari explained that the Aloma Spur was part of the SunRail deal. The Board voiced no objections.
Chairman Dallari stated that Mike Ertel, Supervisor of Elections, is looking for members for the 2014 Election Canvassing Board. The first meeting is a month away and he will be requesting the Board’s input for an individual to fill a spot on that Canvassing Board.
Chairman Dallari announced that a memo was received from Ray Valdes, Tax Collector, regarding collection of the Tax Roll (copy received and filed). He explained that waiting until completion of the Value Adjustment Board (VAB) hearings will delay the issuance of the 2013 tax notices for Seminole County beyond November 1, 2013; and therefore, he is recommending that the Board authorize the Tax Collector to begin collection of the 2013 Tax Roll prior to completion of the VAB hearings, per Florida State Statute 197.323.
Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize the Tax Collector to begin collection of the 2013 Tax Roll prior to the completion of the VAB hearings per Florida State Statute 197.323.
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Memorandum dated September 9, 2013, from Ray Valdes, Seminole County Tax Collector, to Chairman Robert Dallari RE: Florida Statute 197.323. (C: BCC, County Manager, County Attorney)
2. Letter dated September 9, 2013, from Harry Barley, MetroPlan Orlando, to Chairman Robert Dallari RE: Appointment of one or more County staff members to serve on the Project Advisory Committee for a Regional Northeast Corridor Concept Study being conducted by MetroPlan Orlando. (C: BCC, Engineering, Development Services)
3. Letter with attachment dated September 11, 2013, from Cynthia Porter, City of Sanford, to Board of County Commissioners RE: Notice of Public Hearing for Ordinance No. 4302. (C: BCC, County Manager, Development Services)
4. Copy of letter dated September 12, 2013, from Chairman Robert Dallari to Peter Rogoff, Federal Transit Administration, RE: Support for the complete SunRail project, and expediting the Full Funding Grant agreements for Phase II. (C: BCC, County Manager, Development Services, Engineering, Harry Barley, MetroPlan Orlando)
5. Copy of letter dated September 12, 2013, from Chairman Robert Dallari to Walt Griffin, Seminole County Public Schools Superintendent, RE: Support for Race to the Top Grant – District Application. (C: BCC, County Manager)
6. Copy of letter with attachment dated September 12, 2013, from Cathy Galavis, Department of Revenue, to Ray Valdes, Seminole County Tax Collector, RE: Summary of 2013-2014 Tax Collector’s budget by appropriation category. (C: BCC, County Manager, Resource Management)
7. Notice to Abutting Property Owners dated September 16, 2013, from Diana Adams, City of Lake Mary, RE: Approval to Exam Transport & Co., LLC/Asif Alidina, to conduct a home occupation located at 224 Volterra Way, Lake Mary, Florida. (C: BCC, County Manager, Development Services)
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Horan advised that at the East Central Florida Regional Planning Council meeting recently, there was a report very similar to the Central Florida Water Initiative report they received from the St. Johns River Water Management District (SJRWMD). He had an interesting conversation with Volusia County representatives concerning a solution to their MFL (Minimum Flows & Levels) issues concerning their spring-fed areas, which brings into relation Yankee Lake. He followed up with staff and they indicated similar indications from the SJRWMD that they never mentioned to Volusia County the Yankee Lake alternative. Staff is following up on those particular discussions and he looks forward to continued communications with regard to potential partnerships in the future on transmission of water from that facility.
Commissioner Horan announced that the Boys & Girls Club will be having a fundraiser breakfast called “Faces of the Future” at the Sanford branch on October 9 in the morning. Stan Van Gundy will be the featured speaker. He stated that if there are any constituents or businesses that are interested in getting to know about this tremendous organization that does such a great job serving young people, especially in the disadvantaged areas of the County, contact him and he will get them a seat at the event. The admission is free, but donations are accepted.
Commissioner Horan joined Chairman Dallari in participating as a waiter on September 13 at an event that benefited another great service organization to the community called “Base Camp,” which supports children and their families that are facing cancer. They were able to raise about $10,000 just in the event itself. He mentioned the County Attorney attended as well, and it was a wonderful event.
Commissioner Horan stated that on Saturday, September 28 in Geneva, there will be the annual Rural Heritage Town and Country Art and Music Fest from 9:00 a.m. to 2:00 p.m. He said it is a really good time with great art, great music, great food, great surroundings, and a great day in the country.
Commissioner Constantine stated he was proud to represent them at the Central Florida Hotel and Lodging Association’s Patriot Day. He added that most exciting were the awards that were given to the various individuals for Fire and Police Safety; six of them came from either Seminole County or one of the cities, Winter Springs. He said it was a wonderful event.
Commissioner Constantine announced that Jane Spencer from the Clerk’s Office will be joining him as his new aide next month.
Commissioner Constantine stated that on September 13, he represented the opening of a new Hindu Temple here in Seminole County.
Commissioner Constantine advised he spoke on the 20th to the League of Women Voters.
Commissioner Constantine stated there was a SunRail celebration on September 21 showing the new trains at Park Avenue in Winter Park. He was very excited about the fact that people were lined up around the corner to see the new train.
Commissioner Constantine stated that he wanted to report about the FAC meeting he attended in Palm Beach, but due to time constraints, he will provide a written report as soon as possible.
Commissioner Carey advised she had an opportunity to speak with the president of FAC regarding the allowance of a specified alternate to vote in the stead of a Board of Director member, and he is going to take that up with the Executive Committee. In the case of the Palm Beach meeting for example, they had a Board of Directors’ meeting, but Commissioner Constantine would not have been allowed to vote even though he was the County’s only representative in attendance. The president thought maybe they could just make it a policy change and not have to change the Bylaws to do that.
Commissioner Carey announced that on Saturday, September 28 from 9:00 a.m. to 2:00 p.m. in the Downtown Orlando Recreation Center on Livingston Street, there will be the Orlando Veterans Stand Down which is a one-day outreach for homeless and low-income Veterans. Services offered will include showers, employment opportunities, mental health and substance abuse services, identification cards, drivers’ licenses, etc. She added that Ed Burford, the Seminole County Veterans Services Officer and his group, are always very active and do a great job representing the Veterans.
Commissioner Dallari received from staff and distributed to the Board an Employee Buyback Plan (copy received & filed). He said it shows there is definitely an increase and he wanted the Board to have time to review it before any discussion. He added they can contact staff with any questions.
COUNTY MANAGER’S REPORT
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised that during a Bar luncheon he attended, a presentation was made and there was an award for the Veterans’ court. He stated that he received a lot of favorable comments about Seminole County, the BCC, and the Clerk’s Office for their support.
Chairman Dallari announced that the Work Session regarding Leisure Services Master Plan and Sports Complex will begin in approximately five minutes.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:45 p.m., this same date.