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.
Present:
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.
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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.
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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.
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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:
Community
Services
Business Office
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.
Compliance
Division
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.
P.A.Y. Division
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.
Development
Services
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).
Environmental
Services
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.
Public Safety
EMS/Fire/Rescue
Division
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.
Public Works
Engineering
Division
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.
Fleet/Facilities
Division
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.
Resource
Management
Business Office
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:
CLERK’S REPORT
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.
REGULAR
AGENDA
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.
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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.
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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.
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Chairman Dallari announced that the Leisure
Services Master Plan and Sports Complex Work Sessions will begin in 10 minutes
in Room 3024.
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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.
PUBLIC
HEARING
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’S REPORT
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.
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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.
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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.
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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.
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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.
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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.
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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.
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Commissioner
Constantine announced that Jane Spencer from the Clerk’s Office will be joining
him as his new aide next month.
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Commissioner
Constantine stated that on September 13, he represented the opening of a new
Hindu Temple here in Seminole County.
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Commissioner
Constantine advised he spoke on the 20th to the League of Women
Voters.
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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.
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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.
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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.
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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.
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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
No 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.
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Chairman
Dallari announced that the Work Session regarding Leisure Services Master Plan
and Sports Complex will begin in approximately five minutes.
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There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 2:45 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
er/tp