BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 14, 2017
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, March
14, 2017, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner
Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County
Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Pastor Ron Williams, Palmetto Avenue
Baptist Church, Sanford, gave the Invocation.
Commissioner Carey led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Sound Stage 4 was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2016-550
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring the month of March as Women’s
History Month.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Proclamation was presented to Amy Lockhart, Chairman of the Seminole County
School Board. At Commissioner Carey’s
request, all of the women in attendance came to the front of the auditorium for
a photo.
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Agenda Item #2 – 2016-540
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to adopt a Proclamation
declaring the week of March 27 through March 31 as Boys and Girls Club Week.
Districts
1, 2, 3, 4 and 5 voted AYE.
The
Proclamation was presented to Alicia Hodge and Syd Levy. Ms. Hodge addressed the Board to express her
appreciation to the County for their support of the Boys and Girls Club.
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Chairman Horan advised that it has been
requested that they show videos about two recent events, the opening of a park
in Jamestown and a smoke alarm installation by the Fire Department. These videos were presented.
Commissioner Dallari thanked County staff for
going well beyond what is normally done.
He noted that the program that was put together for the Jamestown park
was truly phenomenal. With regard to the
smoke alarm installation, Commissioner Dallari thanked the Fire Department and
the American Red Cross. Commissioner
Carey stated they have had a great partnership with the American Red Cross and
the County’s Firefighters. Discussion
ensued with regard to the smoke alarms being installed in various communities
around the county. Chairman Horan
pointed out that there are so many things that add up day after day that County
Government does and he is glad that now and then they set aside a little time
to tell people and show videos of exactly what happens in so many small
different ways to make the quality of life better.
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Chairman Horan recessed the meeting of the
Board of County Commissioners at 9:56 a.m., and convened as the U.S. Highway
17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #3 – A-2825-16
Sonia Fonseca, CRA Program Manager,
addressed the Board to present a request to either approve a Redevelopment and
Construction Grant to 17‑92 Five Points, LLC, in the amount of $740,000,
for demolition of the former Flea World site, located at 4311 South U.S.
Highway 17‑92, Sanford; or approve a Redevelopment and Construction Grant
to 17‑92 Five Points, LLC, in the amount of $1,380,039, for demolition
and utility connections needed in preparation of redevelopment of the former
Flea World site, located at 4311 South U.S. Highway 17‑92, Sanford.
Ms. Fonseca stated that the Applicant, Syd
Levy, is proposing to redevelop a 118-acre parcel, previously known as Flea
World, which is within the U.S. 17‑92 Community Redevelopment Area. Flea World was a popular shopping center and
entertainment venue for nearly 40 years.
The shopping center closed in 2015 to make way for this new mixed‑use
project. Ms. Fonseca stated that the
project complies with the CRA’s adopted definition of a catalyst project in
multiple ways as listed in the staff report.
She explained that the grant request that is before the Board in the
full amount, $1,380,039, represents 33% of the Applicant’s projected redevelopment
costs, including landscaping and signage.
Ms. Fonseca reported that the Technical
Advisory Committee as well as the Redevelopment Planning Agency both
recommended approval of this project in the full amount of the request,
$1,380,039; however, staff is recommending approval of the costs associated
with demolition in the amount of $740,000 to be funded as follows: 20% at the time that the demolition is
completed and the 80% balance to be funded on a pro rata basis as vertical
construction is substantially completed, the terms of which would be outlined
in the grant agreement and development agreement. She advised that there are representatives
from the CRA staff, the Planning staff and the Applicant and his representative
available to answer any questions.
Commissioner Henley advised that he has met
with Mr. Morris, Mr. Levy and others but no decisions have been made and a
decision will be made based on staff recommendations and what occurs here
today. Commissioner Dallari advised that
he had several conversations with the Applicant, both on the phone and in
person, and has received various documents that will be submitted into the
record (copy of ex parte communication received and filed). He stated he will be basing his decision on
the information that is presented here today.
Commissioner Carey advised that she will be submitting in written form,
as she does at every meeting, her ex parte communication and contact with all
of the individuals involved. Chairman
Horan advised that he has also had conversations with the Applicant and a
number of people related to the Applicant concerning this matter. Since it is not a quasi‑judicial
matter, he does not know if those kinds of disclosures are absolutely necessary;
but he thinks in the spirit of transparency, it is good that they make
them. Whatever happens with regard to
this particular item, he will make a decision based on the information that is
in the record and presented in front of the Board today. Commissioner Constantine stated he had a very
brief conversation with Mr. Morris yesterday. That was the first person that he had talked
to regarding this. He added that he has
extensively talked to staff and others regarding this item.
Nicole Guillet, County Manager, stated she
wants to clarify what the recommendation is with respect to payout from staff's
standpoint because it is a little unusual from what they would normally
do. She believes they might have gotten
two elements of it confused in the presentation. Ms. Guillet stated staff's recommendation is
for funding of the demolition with a 20% reimbursement upfront when the
demolition is completed and the remaining 80% to be paid upon substantial
completion of the project consistent with the D.O. She added that they define “substantial
completion” to be when 85% of the development that was approved in the D.O. has
been C.O.'d.
Ms. Guillet explained that there is a
provision in the recommended agreement that would allow the Applicant to
propose a phased pro rata reimbursement scheme that is based on taxable value tied
to a return on investment, so there could be an alternative payment schedule that
would come to the Board at a later date should the Board elect to fund this
either as staff has recommended or as the Applicant has requested. She reiterated that the pro rata would be
something that would come back to the Board at a later date under an amendment
to this agreement. Commissioner Carey
asked if that is regardless of whether it is demolition and utilities or
demolition. Ms. Guillet stated it is
regardless of which elements the Board chooses to fund, if they choose to fund
any of them. She reiterated it would be
20% of the demolition upon completion, and then the remaining 80% of demolition
and 100% of the utilities would be paid either at substantial completion or on
a pro rata basis under an amendment to the agreement.
Randy Morris, representing the Applicant,
addressed the Board to note that the project is solely owned by Syd Levy. Mr. Morris advised that Mr. Levy is present
along with Turgut Dervish, transportation engineer; Paul Partyka, the broker
for the project; and Rick Wohlfarth, the project engineer. Mr. Morris began a PowerPoint presentation
(copy received and filed) entitled Reagan Center. He reviewed the Project Overview and pointed
out this overview of the site gives a sense of the proposed construction that
will occur this year with the road connection from Hester over to the new Five
Points entrance. He discussed the new
entrance.
Mr. Morris reviewed the bullet points on the
Project Overview Continued slide. He
noted that the Townhome project, which is already under construction, is not
within the CRA boundary but was part of the original project that was presented
to the BCC. That project is going
vertical and coming in at a price point that they estimated to the Board, which
is in the $200,000 range. He reviewed
the remaining bullet points; Commercial, Office, ROW acres, and Conservation
acres. The Demolition Plan slide was
displayed.
Mr. Morris reviewed the three Application
History slides. He stated they are
asking for a revised payout request from what staff has recommended. They are asking for the same 20% of the total
grant, not just of demolition. He
pointed out the utility issue is actually emphasized more than demolition in
the CRA requirements. He reiterated that
they are asking that 20% of the total amount be granted upon receipts accepted
by the County for the work to be done.
They are asking that the additional 80% be paid for the approved
receipts at the time of the issuance of building permits for at least 200 units
of multifamily. That will get the County
their return on investment. The County
seeks a return on investment within 10 years.
Mr. Morris stated their forecasted return of investment is much
faster.
Paul Partyka, 404 Park Lake Drive,
addressed the Board to state that to date they have two major developers who
have made offers on the entire project for a mixed‑use development. They have had four offers in hand for multi‑family. They are in negotiations right now with a
charter school that has been approved previously in Seminole County. They have had a lot of interest and calls
from all around the country. It seems
that since January 1, things have picked up and there is a lot more interest.
Syd Levy, owner, addressed the Board to
state it has been a long way to come from running a flea market to trying to
develop Reagan Center. Mr. Levy advised
that he has found it is costing a lot more; the road that they thought was
going to be about $3 million is probably going to be more like $4.5 million to
$5 million. Mr. Levy stated he is
counting on Mr. Partyka to get Letters of Intent (LOI) into sales and
dollars. In the meantime, it is an expensive
project. They are into it for almost $2
million right now and there is about $4 million to $4.5 million to go. He stated they could use some help. It is going to be a first-class project. He reiterated that going from running a flea
market to Reagan Center is a big, big step and he never realized how expensive
it could be.
Mr. Morris continued his presentation and
discussed the Request slide regarding Demolition of Existing Site and
Utilities. He emphasized that they had
the choice of going with Sanford Utilities or Seminole County Utilities and
they chose Seminole County, even though the connection is a little bit harder
and is costing more money. As
Mr. Levy just mentioned, his expenses are going to total over $5 million
for just this initial level of site preparation that is being discussed. Mr. Morris commented that they believe that
site preparation leads to far greater interest once people see the
infrastructure is in place and the site is ready to be developed.
Mr. Morris displayed and reviewed Public
Benefits regarding Employment, Tax Base and Increased Tax. He advised that they worked with David Johnson,
the Property Appraiser; and he reviewed the proposal. Everything they are saying is as conservative
as they can possibly be. He emphasized
that the return on investment numbers that they will show the Board only deal
with the property tax; they do not deal with the utility taxes, the sales tax,
or any of the other M1 multipliers that occur with employment; so the return to
the County will be significantly faster than the projection he provided. Mr. Morris concluded his presentation by
discussing the Financial Benefits, such as Increasing the Tax Rolls, Repayment
of Grant, and Secondary Benefits.
Richard Wohlfarth, IBI Group, addressed the
Board to state (as Mr. Levy pointed out) that a great deal of money has already
been spent. Mr. Wohlfarth remarked that,
as you can see from driving the site, the buildings are down; that was almost
$400,000 that has already been expended.
With the townhouses under construction, they have now started to
construct the pump station and the turn lanes along Reagan. That is close to $1 million worth of
work. There were a lot of incidental
costs to get up to where Mr. Levy was talking about spending $2 million in the
first phase of the work being done. Mr.
Wohlfarth stated (as Mr. Partyka pointed out) that one of the things they have
seen with the construction of 17‑92 is the effect it has had on people
looking at this property. The work in
front of the project is starting to be completed. Based on that activity starting in January,
they are starting to see a lot more happening out there.
Chairman Horan left the meeting at this
time.
Mr. Wohlfarth referred to the offers they
have received. He pointed out that some
of them have been turned down because quite candidly they want to see Reagan
Center have the highest quality because it will set the tone for what will
happen on 17‑92. They are being
maybe a little picky with regard to the first developer coming in, which they
believe will be apartments; and they are looking for an upscale apartment
project. So far what they have received
is sort of a step below that. He
reiterated that what they are looking for is to upgrade it because they believe
that will set the tone, not only for the Reagan Center but for the whole
redevelopment of 17‑92.
Mr. Morris advised that their request is
for $1,380,039. He pointed out this is
the largest redevelopment project in the history of Seminole County and
incorporates more than all other CRA grants that the Board has granted in the
last three decades. It is at a minimum
of ten times the total build-out value to 50 times the build-out value of other
CRA grants that have been done and a minimal request in terms of valuation to
build-out. He requested that the Board
adjust the payout schedule. The RPA made
the recommendation that there be no delay in the payout from when receipts are
submitted in total. Mr. Morris stated
they are listening to staff and understanding that this project needs to show
that, aside from the townhomes being built, they are actually showing some
portion of percentage of getting to build-out.
That is why they suggested 20% payout for any receipts that the County
receives on both the two parts of this mission.
Chairman Horan re-entered the meeting at
this time.
Mr. Morris stated the remaining 80% would
be paid at building permit application for at least 200 units of
apartments. He explained that it is at
200 units because the valuation of that will be at a minimum of $30 million
added to the tax rolls. That gets the
County to the ROI that they were talking about.
Mr. Morris concluded by noting that in this particular project, “roof
tops” come first; commercial comes second.
David Leavitt, 1000 Ridgepointe Cove, addressed
the Board and read his letter (copy received and filed and distributed to the
Board) into the record. Mr. Leavitt
stated that taxpayer money, in any form, should only be used to pay companies
for goods or services provided back to the taxpayer; he does not believe in
special taxing districts like the 17-92 CRA.
He pointed out that the developer, a former county commissioner, is
going to make millions of dollars off of this project. Mr. Leavitt stated that he has reached out to
Florida Speaker Richard Corcoran and hopes to work with him soon to continue
the trend in Florida of ending all corporate handouts of taxpayer money,
including those handouts via so‑called Community Development Districts
like the 17‑92 CRA. With regard to
the mention of return on investment and the public benefit, Mr. Leavitt stated
that happens anyway, whether you give money or don't give money. Every single business in Seminole County
contributes in that way, but every single business in Seminole County does not
get that same tax break, so that is really not an excuse to give away the
money.
Commissioner Carey stated that there seems
to be some misconception about what happens in the CRA. There is no extra tax on the 17‑92
businesses. She suggested they talk
about when the CRA was created where this money actually came from so the
public understands that this is just general dollars that they would be paying
and anyone who wants to come and invest in the 17‑92 has an opportunity
to apply for these funds.
Commissioner Carey requested that Ms.
Fonseca review the history of the 17‑92 CRA. Ms. Fonseca explained that at the time the
CRA is created, there is a base year established. That base year and its associated property
taxes continue to go where they go as they always have done. As property increases in value (and they
incrementally increase by a small amount), a portion of that incremental tax
increase as agreed upon by the taxing authorities that partake in the CRA gets
deposited into the trust fund. Those
dollars are then programed out in a plan, which is called the community
redevelopment plan, that the public has the ability to participate in
crafting. Those are the items that the
money can be spent on and all of the dollars have to go back into those
properties that are established in that boundary. Ms. Fonseca stated in this particular case,
they have five jurisdictions contributing to the fund. With regard to all of those properties that
are within those five jurisdictions, the RPA was created so that each one of
those jurisdictions has the opportunity to have a voice in how the money is
spent. It doesn't come from the
taxpayer; it comes from the jurisdiction, the taxing authority. So every time that the taxing authority
receives its tax dollars, it takes that portion that it agreed to deposit and
contributes it into the fund.
Ms. Guillet advised the CRA is an acronym
for Community Redevelopment Agencies.
CRAs can only be established in areas where there is an identified
special need; areas that have some type of blight or have experienced some type
of economic downturn. It is a tool that
local governments can use to help lift up certain areas of the county. She explained that in this case, the County
elected to focus on the 17‑92 corridor because it was an older area of
the county and deteriorating. The County
saw the Community Redevelopment Agency as a mechanic by which they could lift
that area up and make some improvements.
Ms. Guillet explained that the funding that
goes into the Community Redevelopment Trust Fund is tax increment financing, so
any increase in value that occurred within the Community Redevelopment Area
after the base year is rolled over into the trust fund. The tax rate that is paid in the Community
Redevelopment Area is the exact same tax rate that is paid anywhere else in the
county. The only thing that rolls into
the Community Redevelopment Trust Fund is the increment of increase in value
that the investments in the CRA are intended to generate. She further explained that it is an
opportunity to provide a mechanism at no additional cost to anyone in the
county to provide some improvements in an area that has been identified to have
special need. The hope is by taking that
increment and investing it in the corridor, everybody's property values come
up. It is not an additional tax or an
additional fee that anyone within the redevelopment area pays. It is just a portion of any improvement that
is used and put back into that same area.
Ms. Guillet reiterated that it is not an additional tax. Chairman Horan gave a brief example of a
property located within the CRA area.
Upon inquiry by Chairman Horan, Ms. Fonseca
stated the amount of money the CRA has been able to collect since its inception
in 1997 is approximately $28 million.
Ms. Guillet stated there is not an additional tax imposed in the
district. She stated it is actually an
extremely equitable way to make investment into an area of special need because
the area that is benefiting from that investment is the area that is
contributing. She emphasized that you
don’t have other areas of Seminole County contributing to the improvement of
special need; that the area is really helping itself. Discussion ensued with regard to the limited
purposes the CRA funds can be used for and the benefits of the investment in
the 17-92 corridor.
Mr. Morris stated it was just asserted to
the Board that he had some development aspect in this or that he is a developer
in this project or has ownership. It has
also been asserted in writing in the newspaper a couple of weeks ago. He advised that he has no ownership in this
project. He stated he is a consultant to
Mr. Levy and in fact, his contract doesn't cover the CRA; he has no benefit in
being a former commissioner from ten years ago.
Mr. Morris stated that Mr. Leavitt is entitled to have an opinion to be
against the CRA but he is not entitled to make up his own facts and make
accusations against someone else. Mr.
Morris emphasized that, for the record, nothing the Board is voting on today
literally has anything to do with Mr. Morris.
It is Mr. Levy's application and Mr. Levy's ownership. Mr. Morris reiterated that he has zero
ownership, no bonuses; there is nothing here regarding this request. Chairman Horan assured Mr. Morris that all of
the decisions that the Board makes are in the best interest of the people of
Seminole County.
With regard to public participation, no one
else in the audience spoke in support or in opposition regarding Item #3 and
public input was closed.
Speaker Request Form for David Leavitt was
received and filed.
Commissioner Carey stated that, as the
representative on the RPA, she wanted to elaborate a little bit on some of the
discussions that were had on this particular item when it came to the RPA. She stated the reason the RPA supported the
demolition and the utilities was because of the fact that the grant application
specifically states that if you are doing utilities including but not limited
to relocation and improvements of the existing utilities, that that is an
allowable request for grants. Again, she
kind of takes her cue from the BCC because she represents the BCC on the
RPA. This Board has said look at
catalyst projects, infrastructure projects, and stormwater projects; and that
needs to be the only focus. They have
all agreed that is the focus of this Board.
Commissioner Carey advised that the RPA made their decision based on the
fact that there is $150 million worth of potential development to happen there,
2,500 permanent jobs, a tax base of $2.1 million after everything is
constructed and certainly, in just transforming the Five Points area. In talking about the County's own master plan
and what happens at Five Points in the future, this developer could develop
this property without making a connection to the County's driveway across the
road and Hester Avenue, the public street across the road. They did that because the County asked them
to do that and it is going to cost Mr. Levy some additional funds to
construct that road.
Commissioner Carey stated that she believes
the reason that the RPA decided to unanimously support the request was because
of all of those things that the County was asking the developer to do over and
above. With regard to the modified
number, Commissioner Carey stated she was the motion maker for $1,380,039; and
it was based on actual bids versus what the request was of the Applicant
because the RPA had the benefit of having those bids at the time that it was
taken up by the RPA. Commissioner Carey
stated she just wanted to give the Board a little background. It was quite some time ago when the RPA
actually heard this, May of last year; and it was a unanimous decision based on
all of the facts and benefits to the traveling public and the residents of
Seminole County.
Chairman Horan stated his concern about the
application at this time is payback. He
advised that if they approve the grant at this particular time, they have to
condition it on some kind of vertical development. The staff has recommended that the vertical
development be tied to one of two options; either 85% substantial completion of
verticality or a calculation based upon the increase in property value based
upon developments down the road. Chairman
Horan stated that this project is a lot different than any other project that
they have seen come in front of the CRA.
They don't know exactly what is going to be developed out there. They have some information that there are
developers who are interested in developing either mixed‑use,
multifamily, or a charter school; but they don't have anything concrete in
front of them in terms of a developer who is coming in and saying I am ready to
break ground here and build this many apartments or what have you.
Chairman Horan stated he is a little bit
troubled with the amount on utilities because he does not know when those
utilities will be needed, he does not know what the utilities are going to be
used for; he does not have a development plan here that has an actual developer
who says I am going to do this right now.
He stated that what he is sure of in terms of the requirements of the
CRA, is that CRAs are first and foremost to eliminate blight. With all due respect to Flea World, which he
frequented quite a bit, it didn't really fit into the development plan. The demo of the project, the demolition
itself, he thinks is clearly something that can be an appropriate subject of a
grant from the CRA. He stressed these
are grants; they are not specific dollars for a construction project. They are grants based upon the requirement of
the CRA.
Chairman Horan stated he would like to hear
what his colleagues' thoughts are on these other items. He reiterated that he is very comfortable
with the demolition conditioned as the staff has suggested in terms of
payout. He is also cognizant of the fact
that they have already given a grant of $900,000 on the road, but he is not
very comfortable about the utilities at this particular point.
Commissioner Carey stated a project of this
significance, a 118‑acre development right in the heart of Seminole
County, just doesn't occur. She remarked
that she can think of very few 118‑acre developments that she has seen in
her time on the Commission anywhere in the county. There is an approved development order, but a
project of this size is never going to happen all at once. Commercial development is never going to come
until there are residential rooftops there.
She believes it has to happen in phases.
Commissioner Carey explained that she liked the approach that staff
recommended on the payout as it continues to develop. That would be as the vertical starts to come
out of the ground. She pointed out you
could argue the fact that the demolition has occurred and when it is finished,
you could just pay for demolition because that is done; but then that is still
no guaranty on the vertical. She
believes what staff is recommending is that even though the demolition is done,
the payout from the CRA doesn't happen until they go vertical. If they want to come back with some phased
plan, she would be happy to look at that; but she is very comfortable with the
recommendation that staff has as to how it occurs.
Commissioner Carey stated it is the same
thing with the utilities, which is why she does not have any heartburn on the
utilities. They are not going to be
reimbursed until it has gone vertical and that may take a little bit of
time. She added the CRA is scheduled to
sunset at the end of this year. It is
not like they will have an opportunity to come back at a later time and apply
for a utility grant because the CRA is not going to be in existence. Commissioner Carey remarked that she would
love to hear from the rest of her colleagues what their thoughts are on
this. She reiterated that there is less
than a year left in the CRA. This is a
huge opportunity for them to develop in the heart of Seminole County. That is why it is called Five Points. That is why they are looking at master
planning their own facilities out there.
There is a shortage of mid‑range to higher‑end housing. There are a lot of good things that will come
from this project but the commercial development is not going to happen along 17‑92
until there are more rooftops there to support it. She discussed the development in two CRAs in
the corridor, Casselberry and Winter Park.
Commissioner Carey stated the fact that they are paying it out as they
are going vertical makes her feel secure in her decision that she would support
both the demolition and the utilities because it is not getting paid tomorrow.
Commissioner Constantine stated that unlike
corporate tax incentives, which he has had concerns over, he is a big fan of
tax increment financing and CRAs. He
discussed a CRA that was done in Altamonte Springs in 1986 for the downtown
redevelopment. To him, CRAs are
something that can uplift a community.
He then discussed the changes that have occurred on 17‑92 from the
60s and 70s until today. When he got on
the Board, he was happy to see the other Commissioners really strongly support
and stress infrastructure. He suggested
that with the CRA closing and the dollars still left, they need to really put
an emphasis on infrastructure because that is what made the CRA in Altamonte
Springs so successful. If you build it,
they will come and that is what they are trying to do here. He really didn't struggle with this and
looked at it and felt that the staff recommendation found a middle ground. Commissioner Constantine stated he could not
support the utilities but did feel that he could support, under the guise of
the recommendation of the staff, the demolition.
Motion
by Commissioner Constantine to approve the Redevelopment and Construction Grant
to 17‑92 Five Points, LLC, in the amount of $740,000, for demolition
needed in preparation of redevelopment of the former Flea World site, located
at 4311 South U.S. Highway 17‑92, Sanford, to be reimbursed at 20% upon
completion of the demolition, and the 80% balance of demolition costs to be
reimbursed as contemplated in the associated Grant Agreement (85% development). Chairman Horan surrendered the gavel to Vice Chairman
Carey in order to second this motion.
Under discussion, Commissioner Dallari
asked the County Attorney, with regard to the CRA sunsetting, whether the CRA
money sits there until someone comes and requests it. He confirmed with Mr. Applegate that the
money doesn't have to be spent before the sunsetting. Commissioner Dallari stated his issue is the
quality of the development; he wants to know what it is. Commissioner Carey pointed out that is an unknown. Chairman Horan stated that is the point he
was making, he does not know what they have right now.
Commissioner Carey discussed the CRA that
Altamonte Springs started 30 years ago and pointed out that it has just been in
the last ten or so years that that CRA has really come to fruition. She advised that the first things that got
built were a seven‑story apartment building that was the catalyst of
kicking that whole development off and the public infrastructure that was put
into place as a result of that.
Regarding the County Attorney's comment, Commissioner Carey clarified
that they can continue to pay out after the CRA has sunsetted. As to whether people are still allowed to
come and make application after the CRA sunsets, Commissioner Carey stated they
are not. She pointed out it isn't like
someone can come and make an application after the CRA has ended. They can continue to pay out until the money
is gone and they can invest the money, whatever balance is left at that time,
into infrastructure if they want to; but there is no application process once
the CRA is closed. At Commissioner
Carey's request, Mr. Applegate confirmed her comments were correct.
Commissioner Henley advised that he has
many of the same concerns that the Chairman expressed. He stated they don't know for sure what they
are getting but they need to recognize these are troubling and unsettling times
in this country and throughout the world.
They know already that the Feds have said they intend to raise interest
rates three times during 2017. They
don't know what the impact is going to be among the citizens regarding health
care and taxes that are being implied. Commissioner
Henley reiterated that they are looking at, as Mr. Morris said, the largest
proposal of a development they have ever had in the county. That in itself is unsettling at this
particular time to him because they are asking the CRA to make definite
commitments of money and yet they don't have any definite commitments from the
other side. He stated that as mentioned,
they have had interest but nobody has signed on the dotted line yet. Over a ten‑year build-out period, many
things can happen. And they certainly
don't want another Altamonte structure that has been there 10, 20, 30 years and
not completed yet. Things get started
and then all of the sudden things fall apart because the developer at any time
could become impatient over not receiving the return expected and decide to
flip the property. Commissioner Henley
wondered what impact that will have on the money that they have already paid
out. That is the reason he was concerned
about paying up front on some of these types of things. He stated he cannot support all of the
proposals that are there. He would give
consideration to one of those items as suggested in the motion and see how
things progress. Right now it is very
unsettling. Every time he gets a new
packet to read, there is a little bit of difference or at least it is stated a
little bit differently. Commissioner Henley
emphasized they need to know what the taxpayers are going to get as a result of
this investment; and right now, they have a vision and that is it.
Chairman Horan explained that is why he has
a problem with the utility connection.
With respect to utility connection costs as stated in the agenda
materials, this type of expenditure has not historically been considered an
eligible reimbursement item.
Commissioner Constantine left the meeting
at this time.
Chairman Horan pointed out that staff did
not recommend the utility connection for approval; however, the Technical
Advisory Committee said there is a public benefit stemming from the
construction of the utility connections that could be considered vertical
construction. He stressed that if you
are going to have utility connections, it is because you are going to have
vertical construction. But they are
giving that particular grant now for that particular connection, so he has
discomfort with that. Chairman Horan
remarked that with regard to the motion as stated, that he seconded, he would
have no problem with the $740,000 conditioned as indicated in Recommendation
Number 1.
Commissioner Carey requested that Ms.
Guillet restate how the funds would be paid out, whether it be demolition only
or demolition and utilities. Ms. Guillet
explained that there are two different options; demo only and demo and
utilities. Staff's recommendation with
respect to the payout, regardless of whether or not the Board funds just demo
or demolition and utilities, would be that they would pay 20% of the demolition
costs as a reimbursement upon full completion of the demolition. The remaining 80% of the demolition and the
entire amount of the utilities would be paid at substantial completion, 85% of
the development, or on a pro rata basis as the Board may approve at a later
date.
Commissioner Carey noted that regardless of
what is approved, they will only get 20% of the demo at the time the demolition
is complete and they will not get any more money until 85% of "this"
is built, whatever "this" is.
She pointed out there is an approved development order on the
property. In the development order, it
gives lots of flexibility because they are not crystal ball readers and don't
know what is going to happen. She added
the development community doesn't know exactly how this is going to build out
either and who may come along and want to develop. There is a lot of demographic work that goes
into that, a lot of market research.
Commissioner Constantine re-entered the
meeting at this time.
Commissioner Carey stated to her there is
no real risk because they are not paying until they are 85% vertical. As far as the eligibility element, it is
right in their catalyst project grant program that utilities are one of the
items that is listed.
Ms. Guillet remarked that it would not be
inappropriate for the Board, if it decided it was comfortable funding utilities,
to fund them. It would be consistent
with the CRA policies. She added that
the Board has not however considered speculative development as an eligible
expense in the past. It doesn't mean
that the Board can't do it. Staff took a
conservative approach with this because it is different from anything that the
Board has seen previously. It is
speculative in nature as opposed to every other private grant that has been
given which have been associated with a definitive development so the Board
knew at the end of day what the project was going to be before reimbursement. Mr. Guillet reiterated that the Board has not
done speculative grants but that does not mean that they can't, and it wouldn't
be an inappropriate move if that is what the Board decided it wanted to do.
Commissioner Carey stated usually they are
getting them in one piece of property with one plan and one grant; it is one
and done. This is a whole different ball
game with the catalyst projects, and that is why the RPA supported it and why
she will not support this motion because she does believe it is the right thing
to do to encourage this development to move along as quickly as possible.
Commissioner Henley remarked that as they
make these commitments, they are commitments for the complete build-out, 10
years, which means that those monies that have been committed would not be
available to other projects that are needed in the way of infrastructure. He then confirmed with Mr. Applegate that his
statement was correct. Commissioner
Henley emphasized that they are tying up these amounts of monies that are being
requested for potentially 10 years, assuming they would be approved as
requested.
Commissioner Carey pointed out that the CRA
will sunset this year. Commissioner
Henley stated he understands that but many of those things that they discussed
when they first started out haven't been done yet; and if they can't do new
projects, then that money, if it isn't utilized in a ten‑year period, is
sitting there with the CRA expired and nobody to deal with it.
Commissioner Constantine suggested to
Commissioner Henley that if he would like to make a friendly amendment for a
period of time for the project to come back and be reevaluated, he would have
no problem with that.
Ms. Guillet explained that the money can be
encumbered; however, once the CRA ceases to exist, she does not believe the
Board has an opportunity to revise the contract. They would have an existing contract that
they can continue to honor after the sunset of the CRA. If the money is not utilized in the CRA for a
CRA purpose, it would be distributed back to the entities that had contributed
it on a pro rata basis.
Commissioner Carey asked if there could be
a friendly amendment to include the utilities and have it have to be paid out
within five years or the money would revert back. Commissioner Constantine stated with all due
respect, he would find that an unfriendly amendment. He pointed out that she can make the
amendment but he would not consider it a friendly amendment.
Commissioner Henley suggested it might be
time for the Board to pause here since they are talking about a commitment but
not a real commitment over a period time.
He stated it might be time to give some direction to the County Manager
to get with the proposers and work out something that would be amenable. He stated the total amount is the one thing
that is bothering him right now in all of these proposals. It needs to be worked out with clear
understanding as to what is happening and amenable to how much they can
accomplish with approving Option #1 and not the others. He thinks that is the conversation that there
needs to be. Commissioner Henley
suggested they then come back to this Board at the next meeting or so with a
proposal that is agreeable that might get the support of the majority of this
Board.
Chairman Horan stated he can withdraw his
second. Vice Chairman Carey stated there
is a motion on the floor and the second has been withdrawn. She stated since the second has been withdrawn
and the motion has been withdrawn, she will pass the gavel to Commissioner
Horan to resume the duties of Chairman.
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to continue until March 28, 2017, and to take
all of the information presented today into account, the request to either
(1) approve a Redevelopment and Construction Grant to 17‑92 Five Points,
LLC, in the amount of $740,000, for demolition needed in preparation of
redevelopment of the former Flea World site, located at 4311 South U.S. Highway
17‑92, Sanford; or (2) approve a Redevelopment and Construction Grant to
17‑92 Five Points, LLC, in the amount of $1,380,039, for demolition and
utility connections needed in preparation of redevelopment of the former Flea
World site, located at 4311 South U.S. Highway 17‑92, Sanford; and (3) adopt
Resolution implementing the associated Budget Amendment Request, (BAR) #17‑009,
appropriating funds from the 17‑92 CRA Trust Fund, Reserve for Capital
Improvements.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Horan recessed the meeting at 11:08 a.m. and reconvened at 11:15 a.m. He then adjourned the meeting of the U.S.
Highway 17-92 Community Redevelopment Agency at 11:16 a.m., and reconvened as
the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to authorize and approve the following:
County Manager’s Office
Business Office
4. Approve
and authorize the Chairman to execute appropriate Resolution #2017-R-32 to
remove Section 24.15, Subsection 304.0(3)(a‑d) of Seminole County
Administrative Code, which pertains to "Tuition Reimbursement," and
approve a new Tuition Reimbursement Program section (Section 24.15, Subsection
304.1) that establishes the specific criteria, guidelines, structure and
procedures for the program. The Fiscal
Impact of $50,000 was approved in the FY 16/17 budget. (A-3276-17)
Development
Services
Planning
& Development Division
5. Adopt appropriate Resolution #2017-R-33
vacating and abandoning a portion of a platted Drainage Easement on Lot 26, Lake Sylvan Cove, as recorded
in Plat Book 42, Pages 69‑74, of the Public Records of Seminole County,
Florida more particularly known as 620 Grand Cypress Point; James Loisel,
Applicant. (A-3256-17)
6. Authorize the release of the Right‑of‑Way
Utilization Maintenance Bond #0190026 in the amount of $12,351.21 for Aulin’s
Landing at Oviedo (Enclave at Sanctuary); M/I Homes of Orlando, LLC, Applicant.
(A-3170-17)
Environmental
Services
Business
Office
7. Approve and authorize the Chairman to
execute the Conditional Utility Agreement for Water, Wastewater and Reclaimed
Water Services for the project known as State of Florida Department of
Transportation/RTMS Video Screens (FDOT). (A-3300-17)
Public
Works
Engineering
Division
8. Adopt appropriate Resolution #2017-R-34
and authorize the Chairman to execute a Local Agency Program (LAP) Agreement
with the State of Florida Department of Transportation for the Construction and
CEI of CR 46A Sidewalk Project from east of Old Lake Mary Road to west of Club
Road. The total amount of the agreement is $121,535. (FDOT ‑ FPN 427899‑1‑58‑01) (A-3299-17)
9. Adopt appropriate Resolution #2017-R-35
and authorize the Chairman to execute a Local Agency Program (LAP) Agreement
with the State of Florida Department of Transportation for the Construction and
CEI of Intersection Improvements on CR 46A from west of Ridgewood Avenue to
east of Marshall Avenue. The total
amount of the agreement is $2,572,239.
(FDOT ‑ FPN 429585‑2‑58‑01) (A-3295-17)
Resource
Management
Business
Office
10. Approval submittal
of an application to the U.S. Department of Justice through its FY 2017 Justice
and Mental Health Collaboration Program requesting up to $300,000 in grant
funding for the Mental Health Court; and authorize the County Manager to
execute any documents and agreements associated with the grant application. (A-3294-17)
Budget
and Fiscal Management Division
11. Approval
submittal of an application to the Florida Department of Environmental
Protection (DEP) through its FY 2017/2018 Section 319(h) Nonpoint Source (NPS)
Management Program Grant requesting up to $213,800 in grant funding for the
implementation of AquaFiber’s®™ AquaLutions®™ water remediation technology on
two lakes in Seminole County; and authorize the County Manager to execute any
documents associated with the grant application. (A-3291-17)
12. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-36
implementing the Budget Amendment Request (BAR) #17‑037 through the Fire
Protect Fund ‑ Casselberry in the amount of $102,916 to establish funding
and appropriate budget for the repair and replacement of concrete and tile at
Fire Station 21. (A-3297-17)
13. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-37
implementing Budget Amendment Request (BAR) #17‑039 through the Home
16/17 Grant Fund in the amount of $3,510 for appropriation of program income
through grant assistance payoff. (A-3298-17)
14. Approve and
authorize the Chairman to execute appropriate Resolution #2017-R-38
implementing Budget Amendment Request (BAR) #17‑040 through the General
Fund and 2014 Infrastructure Sales Tax Fund in the amount of $14,122 to adjust
budgets for two projects where expenditures posted after carryforward balances
were calculated. (A-3308-17)
Purchasing
& Contracts Division
15. Award RFP‑602684‑16/TLR,
Contractor Services Agreement for Digital Conversion of the Audio/Visual
Equipment in the Seminole County Emergency Operations Center, to Audio Visual
Innovations, Inc., Altamonte Springs, for the fixed amount of $142,429.66; and
authorize the Purchasing & Contracts Division to execute the agreement. (A-3268-17)
16. Award RFP‑602697‑16/TLR,
Term Contract for Roadway Landscape Maintenance Services, to BrightView
Landscape Services, Inc., Longwood; and authorize the Purchasing &
Contracts Division to execute the agreement.
The estimated annual usage of this agreement is $990,000. (A-3253-17)
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Clerk’s Office
Motion by Commissioner
Carey, seconded by Commissioner Dallari, to approve the following:
17. Approve
Expenditure Approval Lists dated February 13 and 20, 2017; Payroll Approval
Lists dated February 9 and 23, 2017; and the BCC Official Minutes dated February
14, 2017. (A-3304-17)
Districts 1, 2,
3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Performance Bond #1053851 for Water and Sewer Systems
in the amount of $317,020.22 for the project known as Lukas Landing.
2. Performance Bond #1053852 for Roads, Streets,
Drainage in the amount of $1,075,471.83 for the project known as Lukas Landing.
3. Development Order #17-27500003 for Alcoholic Beverage
License for the project known as Boutinot USA, Inc., 1450 Kastner Place; Paul
Stacey, Applicant.
4. Development Order #16-30000087, 1316 Raspberry
Court, Anthony and Vickie Corpuz.
5. CDBG Subrecipient Agreement for Program Year
2016-2017 with Kids House of Seminole, Inc.
(One-Year Action Plan approved by the BCC on August 9, 2016.)
6. CDBG Subrecipient Agreements for Program Year
2016-2017 with The Seminole County Coalition for School Readiness, Inc. d/b/a
Early Learning Coalition of Seminole; Goldsboro Front Porch Council, Inc.; The
St. Johns River Festival of the Arts, Inc.; No Limit Health and Education, Inc.
Public Service for Education; and Virginia Miller Helping Others In Need
Ministry, Inc. d/b/a Kidzkare Preschool and Childcare Center. (CDBG Program Administration Interlocal
Agreement between the City of Sanford and Seminole County approved by the BCC
on June 10, 2014.)
7. Tourist Tax Funding Agreement with Suncoast
Athletics Sports Group, Inc. for the Spring Kickoff NIT Classic.
8. Tourist Tax Funding Agreement with Florida
Travel Ball, Inc. for the Frozen Ropes Classic.
9. Parks Contract for Services with Susan Dodd;
and Associate Tennis Pro Agreement with Phillip Murray.
10. Change Order #3 to CC-0194-15 with Prime
Construction Group.
11. Change Order #3 to CC-0266-15 with Masci
General Contractor.
12. Change Order #1 to Work Order #7 to CC-0559-15
with C.E. James, Inc.
13. Notice to Proceed for Work Order #13 to
CC-0559-15 with Southland Construction, Inc.
14. M-1263-17 with Southland Construction, Inc.
15. Amendment #1 to Work Order #13 to PS-1666-07
with Inwood Consulting Engineers.
16. Amendment #9 to Work Order #32 to PS-5190-05
with CH2M Hill Engineers, Inc.
17. Amendment #2 to Work Order #33 to PS-5190-05
with CH2M Hill Engineers, Inc.
18. Work Order #28 to PS-7643-12 with Southeastern
Surveying and Mapping Corp.
19. Work Order #29 to PS-7643-12 with Southeastern
Surveying and Mapping Corp.
20. Work Order #18 to PS-8072-12 with Albeck
Gerken, Inc.
21. Amendment #1 to Work Order #4 to PS-8146-12
with Amec Environment & Infrastructure.
22. Work Order #18 to PS-8146-12 with Amec Foster
Wheeler Environment & Infrastructure, Inc.
23. Amendment #1 to Work Order #57 to PS-8148-12
with Keith & Schnars, P.A.
24. Amendment #1 to Work Order #52 to PS-8148-12
with Keith & Schnars, P.A.
25. Work Order #26 to CC-9192-13 with Corinthian
Builders, Inc.
26. Work Order #4 to PS-9462-14 with Ayres
Associates, Inc.
27. Work Order #7 to RFP-9601-14 with Revere
Controls Systems, Inc.
28. Assignment of RFP-600933-10, Lease Agreement
for Management Software Services between Copytronics Information Systems
(Assignor), Konica Minolta Business Solutions U.S.A., Inc. (Assignee), and
Seminole County.
29. Bids as follows:
RFP-602702-16 from Grubbs Emergency
Services, LLC; DRC Emergency Services, LLC; TAG Grinding Services, Inc.;
Bergeron Emergency Services; AshBritt, Inc.; Phillips & Jordan, Inc.; TFR
Enterprises, Inc.; Ceres Environmental Services, Inc.; and Graham County Land
Company, LLC.
Sheriff’s
Office
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
18. Approve expenditure of $47,000 from the Law
Enforcement Trust Fund to provide for a contribution to the Foundation for Seminole
County Public Schools for the following programs: Take Stock in Children ($14,000), Project
Graduation ($6,000), Midway Safe Harbor ($25,000), and Red Ribbon Campaign
($2,000). (A-3325-17)
19. Approve contribution of $4,000 from the Law
Enforcement Trust Fund to provide funding in support of scholarship programs
sponsored by the Rotary Clubs of South Seminole and Winter Springs. (A-3314-17)
20. Approve expenditure of $25,500 from the Law
Enforcement Trust Fund to provide for a contribution to the Central Florida
Council, Boy Scouts of America. (A-3313-17)
21. Approve expenditure of $5,000 from the Law
Enforcement Trust Fund to provide funding to Inspire of Central Florida, a not‑for-profit
organization providing training and work opportunities for adults with
developmental disabilities. (A-3312-17)
22. Approve expenditure of $5,000 from the Law
Enforcement Trust Fund to provide funding in support of the United Negro
College Fund. (A-3309-17)
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Agenda Item
#23 – A-3227-17
Angi
Kealhofer, Planning & Development Division, addressed the Board to present
a request for a Special Event Permit for the Seminole County Fair to occur from
March 24, 2017 through April 1, 2017.
Ms. Kealhofer reviewed the conditions of approval as outlined in the
Agenda Memorandum.
Commissioner
Constantine stated that two years ago he went to the fair and it really
bothered him that they had some exotic animals that were on the endangered
species list in very small cages. He
noted that staff has informed him that there will not be any live exotic animal
shows at this particular fair. He believes
that is a good thing. Ms. Kealhofer
confirmed for Commissioner Constantine that his understanding was correct.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #23 and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve the Special Event Permit for the Seminole
County Fair, 440 Hickman Drive, March 24, 2017 through April 1, 2017, with the
findings that the proposed event is reasonably compatible with nearby existing
development, does not pose an unreasonable safety or health risk for patrons or
neighbors, and with the condition that the event complies with the conditions
of the Special Event Permit. The Special
Event Permit Conditions of Approval are contained in the Special Event Permit.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Agenda Item
#24 – A-3225-17
Patt
Hughes, Planning & Development Division, addressed the Board to present a
request to waive the Code Enforcement Board liens of $127,900 for Case #09‑85‑CEB
and $271,000 for Case #13‑80‑CEB, on the property located at 1010
Dunbar Avenue, Sanford, Tax Parcel #20‑19‑30‑501‑0000‑1970,
James Bradwell Jr., Owner, and James Bradwell III, Applicant. Ms. Hughes reviewed the background timeline
as outlined in the Agenda Memorandum.
James
Bradwell, III, Applicant, addressed the Board and introduced his wife, Natasha
Boyd Bradwell. Mr. Bradwell stated he
did not have a presentation but is open for questions.
Commissioner
Carey stated that she knows that Mr. and Mrs. Bradwell have recently returned
to the area and are trying to help Mr. Bradwell's dad and she appreciates
that. She reminded the Board that 1010
Dunbar is one of the houses that the County was considering as a public nuisance
that they were going to demolish. Mr.
Bradwell had come before the Board and asked for some time to try and repair
some of the houses. The house has been
demolished. Commissioner Carey informed
the Bradwells that there are two other properties that Mr. Bradwell owns in
that neighborhood, 4511 Richard Allen Street and 4601 Gilbert Street, that are
on the County's list of properties that they are concerned with as being public
nuisances. Mrs. Bradwell stated they did
not have any idea the houses were on the County's radar. Once they realized that, they had Paul Watson
with the Building Department come out on the 24th to look at the other
properties to see what they needed to do.
She advised that if they cannot be repaired, they will be knocked down,
like one on Dunbar.
With
regard to public participation, no one else in the audience spoke in support or
in opposition regarding Item #24 and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve a total waiver of the Code Enforcement
Board liens of $127,900 for Case #09‑85‑CEB and $271,000 for Case
#13‑80‑CEB, on the property located at 1010 Dunbar Avenue, Sanford,
Tax Parcel #20‑19‑30‑501‑0000‑1970, owned by
James Bradwell Jr., due to medical and financial hardships; and authorize the
Chairman to execute the Release of Liens.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER AND STAFF BRIEFINGS
With regard to the public hearings
this afternoon, Ms. Guillet
announced that staff has requested a continuance until April 11 for Item #25,
Chapman Apartments Large Scale Land Use Map Amendment and Rezone. The Applicant for Item #30, Estates at
Wellington PD Rezone, has asked that the item be continued until March 28. The Board will consider those requests this
afternoon.
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The Board recessed the meeting at 11:32 a.m.,
with all Commissioners and all other
Officials, with the exception of Deputy
Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were
present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
CHAPMAN APARTMENTS LARGE SCALE
FLU MAP AMENDMENT AND REZONE/Bryan Potts
Agenda Item #25 – PH-2016-505
Continuation of public
hearing from February 28, 2017, to consider
a Large Scale Future Land Use Map Amendment from Industrial to Planned
Development and a Rezone from A-1 (Agriculture) and PD (Planned Development) to
PD (Planned Development) for a mixed-use development on approximately 42.32
acres, located on the southeast corner of SR 417 and Chapman Road, as described
in the proof of publication; Bryan Potts.
Brian
Walker, Planning & Development Division, addressed the Board to advise that
staff is requesting a continuance to the April 11th BCC meeting.
With
regard to public participation, no one in the audience spoke in support or in
opposition to a continuance, and public input was closed.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine,
to continue to April 11, 2017 at 1:30 p.m., or as soon thereafter as possible,
the request to consider transmittal of a Large Scale Future Land Use Map Amendment
from Industrial to Planned Development, and the associated Rezone from A-1
(Agriculture) and PD (Planned Development) to PD (Planned Development), for a
mixed-use development on approximately 42.32 acres, located on the southeast
corner of SR 417 and Chapman Road, as described in the proof of publication;
Bryan Potts, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING SEMINOLE COUNTY CODE
CHAPTERS 20, 72 AND 85
Agenda Item #26 – PH-2016-556
Proof of publication calling for a public hearing to consider adoption
of an Ordinance amending Seminole County Code Chapter 20, Animals and Fowl;
Chapter 72, Emergency Management; and Chapter 85, Fire Safety Code; providing
an effective date, received and filed.
Alan Harris, Office of Emergency Management, addressed the Board to
present the item as outlined in the Agenda Memorandum.
With regard to public participation, no one in the audience spoke in
support or in opposition to Item #26, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt
Ordinance #2017-7 amending Seminole County Code Chapter 20, Animals and Fowl;
Chapter 72, Emergency Management; and Chapter 85, Fire Safety Code; providing
an effective date, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
ORDINANCE AMENDING SEMINOLE COUNTY CODE
CHAPTER 85, PART 3
Agenda Item #27 – PH-2016-555
Proof of publication calling for a public hearing to consider adoption
of an Ordinance amending Seminole County Code Chapter 85, Part 3 - Fire Safety
Code, Burn Ban Implementation Procedures, amending the protocol for instituting
and terminating burn bans within Seminole County, received and filed.
Mr. Harris presented the item and explained this amendment to the Code
would remove the automatic burn ban and will allow the Fire Department and
Emergency Management to issue and rescind burn bans based upon weather forecasts
and conversations with the Florida Forest Service. He noted that staff recommends adoption of
the Ordinance.
With regard to public participation, no one in the audience spoke in
support or in opposition to Item #27, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt
Ordinance #2017-8 amending Seminole County Code Chapter 85, Part 3 - Fire
Safety Code, Burn Ban Implementation Procedures, amending the protocol for
instituting and terminating burn bans within Seminole County, as described in
the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF ADJUSTMENT APPEAL
5440 EDICOTT PLACE/Robert Wood
Agenda Item #28 – PH-2016-516
Proof of publication calling for a public hearing to consider an
appeal of the Board of Adjustment’s decision to approve a variance for a
front-yard setback from twenty feet to seven feet for a privacy fence in the
R-1BB (Single Family Dwelling) district, and more particularly known as 5440
Endicott Place, Robert Wood, received and filed.
Denny Gibbs, Planning & Development
Division, addressed the Board to present the item and stated the Board of
Adjustment approved a variance for a front-yard setback to seven feet for the
privacy fence. The Applicant’s original
request was for a front-yard setback from twenty feet to zero feet; however,
the BOA only approved it for seven feet.
The request was appealed to have the matter brought before the Board of
County Commissioners.
Ms. Gibbs advised staff recommends the
Commission uphold approval of the front-yard setback from twenty feet to seven
feet, and deny the variance for a front-yard setback from twenty feet to zero.
Commissioner Dallari explained he asked
that this item be brought to the Board because when driving down the street,
you can see the hedge is closer to the sidewalk than seven feet. He thinks the fence should be in alignment
with the hedge so there is consistency in the neighborhood. Upon inquiry by Commissioner Carey, Ms. Gibbs
displayed the site plan and discussion ensued.
Commissioner Dallari expressed his desire to hear from the Board as well
as the public.
Commissioner Constantine questioned whether
the fence now exists. Ms. Gibbs replied
that a fence exists on the property, but not in the location being discussed;
the Applicant wants to reconfigure their yard and add additional fencing. Commissioner
Carey noted on the site plan drawing it looks like the request is for the fence
to come off the hedge and then go straight to the corner of the house. Chairman Horan stated he believes their
request makes sense.
Commissioner Constantine asked if the fence
would obscure any of the neighbors’ views of the lake across the way. Ms. Gibbs responded that there is a
subdivision behind this home, and County Manager Guillet noted there is a tall
hedge behind the house.
Robert H. Wood, 5440 Endicott Place,
addressed the Board to clarify a comment made about the existing fence. He indicated they purchased this property in
August of 2016, and at that time, they were under the 20-foot setback
requirement from the property line. They
pulled a permit for a fence in order to enclose a portion of the yard so their
dogs and daughter would have some safety in that area. He explained that is why the existing fence
is there. They did put it up there
intending to apply for the variance, which is what brings them here today. The intention is simply to carry the fence
from the corner of the house to where the hedge is on the adjacent lot, which
would enable them to encompass as much of their property for personal purposes
as possible. He noted they could put in
a hedge rather than a fence without going through any of these procedures;
however, they prefer the privacy and safety of a fence.
Mr. Wood commented that they did apply to
their Homeowners’ Association for approval before today, and the HOA did
approve a two-and-one-half-foot setback from the property line along the
sidewalk. He noted they are asking for
approval of a zero lot line and if approved, they will go back to their HOA for
their approval also.
Commissioner Carey asked if the HOA has
covenants and restrictions that require the lots adjacent to the sidewalk to be
set back two and a half feet, or whether that is part of the easement for the
sidewalk. Mr. Wood advised the HOA does
not; the HOA’s Architectural Review Committee made the decision of the
two-and-one-half-foot setback.
Commissioner Carey confirmed there was nothing in the covenants and
restrictions Mr. Wood received when they purchased their home that indicated
that a setback requirement exists.
Mr. Wood responded to Commissioner
Constantine’s question about site lines by stating that already at the back of
the property is an existing six-foot fence that is actually higher because of
the slope of the land than the fence that they are wanting to put in. He doesn’t believe the view will be restricted.
With regard to public participation, no one in the audience spoke in
support or in opposition to Item #28, and public input was closed.
Speaker Request Form was received and filed.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to grant the
appeal, thereby overturning the Board of Adjustment’s decision to approve a
variance for a front-yard setback from 20 feet to 7 feet for a privacy fence,
and approving a variance for a front-yard setback from 20 feet to 0 feet, for a
privacy fence in the R-1BB (Single Family Dwelling) district, and more
particularly known as 5440 Endicott Place; as described in the proof of
publication, as presented today; Robert Wood, Applicant; Approval Development
Order.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF ADJUSTMENT APPEAL
2323 TUSKAWILLA ROAD/Ravin Persaud
Agenda Item #29 – PH-2016-515
Proof of publication calling for a public hearing to consider an
appeal of the Board of Adjustment decision to deny the request for a Special
Exception to establish a 32-bed Assisted Living Facility in the A-1
(Agriculture) district, more particularly known as 2323 Tuskawilla Road, Ravin
Persaud, received and filed.
Ms. Gibbs noted the timeline as presented in the Agenda
Memorandum. She stated the property has
been approved in the past for several commercial-type uses including a dog
kennel, a 20-bed ALF (Assisted Living Facility) and an adult daycare. The primary use of the property has been some
sort of commercial or group home. The
property is a 1.65-acre parcel that accesses directly onto Tuskawilla
Road. It has an existing two-story
structure on the property, which is about 10,000 square feet of living
area. The property is approximately
one-half mile north of Aloma Avenue, and the intersection of Aloma and
Tuskawilla establishes a dense commercial corridor.
Ms. Gibbs advised surrounding the subject property are single-family
residential subdivisions that have developed around this parcel, and this
parcel is not a platted parcel. To the
north is Tuskawilla Acres which has A-1 zoning; to the south is Tuskawilla
Estates, which is PD zoning with lots that are generally in the
10,000-square-foot range; to the east is a large drainage and wetland tract for
the Bear Creek subdivision; and to the west is a Seminole County pond and
Tuskawilla Road, which is an urban minor arterial roadway. Ms. Gibbs pointed out that ALFs are
residential in nature, and when located with direct access to a road like
Tuskawilla, it is not out of character with this residential community.
Ms. Gibbs stated that staff recommends the Board overturn the decision
of the Board of Adjustment and approve a special exception to establish a
32-bed ALF in A-1 zoning with the following conditions: the special exception will apply only to an
ALF as licensed under Florida Statute Chapter 429.01; the facility will have no
more than 32 beds; parking for the facility is provided for staff, visitors,
and client services vehicles only; and the residents of the facility will not
drive. The buffers will be as
follows: to the north, a 10-foot
landscape buffer with a 6-foot masonry wall; to the east, the buffer is
provided by an adjacent platted drainage conservation easement; to the south,
there is a natural buffer that will remain consisting of approximately one-half
acre of wetlands; and to the west is a 10-foot landscape buffer. Parking lot lighting is prohibited except as
required by a county or state agency for safety or welfare. Wall lighting is limited to low-impact wall
packs. Access movements and drive aisle
configuration shall be determined at site plan review and shall comply with all
Seminole County regulations. All
deliveries including garbage pickup shall be made between 7:00 a.m. and 6:00
p.m.
In regard to signage, Ms. Gibbs said she is requesting that the Board
consider a limit of six feet for the sign height. She noted the Applicant is agreeable to this
deviation from the proposed Development Order included in the Agenda
Memorandum.
Ms. Gibbs continued to review the conditions of the development
permits as follows: the layout of the
proposed uses shall be substantially consistent with what is depicted on the
Special Exception site plan; prior to the issuance of development permits, a
final site plan that meets the requirements of all other applicable code
requirements must be approved; and the Development Order shall expire one year
after approval unless a development permit based upon and incorporating the
Special Exception is obtained within the one-year period, however, one
six-month extension may be granted by the BOA.
Thomas Sullivan, GrayRobinson Law Firm, addressed the Board on behalf
of the Applicant. He stated they are
excited about this project because there is a real need in the community for an
assisted living facility of this size and character. He noted the particular facts are unique in
that there is an existing structure and not a vacant lot or green field, which
he believes is different from the usual requests. They agree with all the proposed conditions
detailed by Ms. Gibbs and found in the proposed Development Order, including
the amendment regarding signage. He said
he believes the historical use of the property is an important fact for the
Board to consider because it had actually been an ALF group home and an adult
daycare in the past. He opined an adult
daycare is a more intense use than what this assisted living facility would be
particularly because the residents of the facility will not be driving; traffic
will only be generated by employees, visitors and deliveries primarily.
Mr. Sullivan displayed and discussed photos
(received and filed) of the existing structure and examples of a proposed gate
and lighting. He noted the building has
been abandoned for years. He then
discussed improvements they would make including a six-foot masonry wall, a
ten-foot landscape buffer, the brick paver access road would be widened, and a
gate would be added. Also, some portions
of the building would be enclosed but the envelope would not change so the size
of the building that Ms. Gibbs mentioned is accurate. In regard to lighting, there will be limited
landscape lighting; they have tried to be sensitive so the neighbors do not
have any spillover lighting that would be disruptive. Commissioner Dallari confirmed that these are
the standards that they are willing to uphold.
Chairman Horan surrendered the gavel to Vice
Chairman Carey and left the meeting at this time.
Robert Donenfeld, 14430 Winterset Drive,
addressed the Board in support of Mr. Persaud, the Applicant. Mr. Donenfeld stated his wife passed away in
January and she had been living in assisted living. He remarked that she had only one visitor in
the last year who was her son. So he
believes the conversation about traffic coming to a place like this is a bunch
of nonsense because you feed, clothe and educate your children, and then they
pick your nursing home and don’t come to visit.
His main point is that traffic will not be a big issue. He noted that one of the biggest complaints
that senior citizens have is that they don’t have enough visitors. Commissioner Dallari confirmed that Mr.
Donenfeld is in favor of the project.
Commissioner Horan returned to the meeting
at this time, and Vice Chairman Carey returned the gavel to Chairman Horan to
resume the duties of Chairman.
David Alexander, Esquire, 11 S. Bumby
Avenue, addressed the Board and noted he is an attorney with the Bradford
Cederberg law firm in Orlando. He
advised he owns two properties located in Tuskawilla Acres, which is just to
the north of the subject property. He
stated it is a residential area and it has been a residential area. He added the BOA meeting lasted over 1 hour
and 20 minutes, and the consensus of that board that decides special exceptions
decided to deny this project outright.
He believes this Commission should honor that denial. He noted that Mr. Hattaway on the BOA agreed
that this project was improper for the area.
Mr. Alexander said the community to the south, Tuskawilla Estates, has
homes that are being marketed and sold for between $800,000 and $900,000, and
they are bordering the subject property.
Mr. Alexander said the only difference between the time of the BOA
meeting (December 5) and now is that they built two more houses that are
directly adjacent, so the only issue that should be addressed is whether it is
more residential than it was in December, and it is. He concluded by saying that like he told the
Board of Adjustment, this is a 1974 single-family block home, and what they
want to do to it is turn it into a 32-bed facility and that is improper.
Mr. Alexander pointed out that the first
floor of the building square footage is only 4,500 square feet. He added that the pictures being shown are
not the property, and what they did not hear from staff is that this was denied
in 1996. An ALS was requested for this
building in 1996 and was denied outright.
Ruth Wood, 4651 Parker Court, addressed the
Board saying she received a notice because she is within 300 feet of the
subject property. Ms. Wood stated she is
concerned because the “paperwork” (property card information received and
filed) shows that there are two owners, but the application affidavit (received
and filed) shows one owner. On the
application for this Special Exception it states it is Residential A-1/Adult
daycare with 20 beds. Ms. Wood indicated
it has never been an adult daycare, and she said she came and fought against
that. She indicated it was too costly
for the woman to do it, so she turned it into an illegal ALF and got arrested. She displayed floor plans and pictorials
(received and filed) that they had been shown and pointed out there were no
stairs. Ms. Wood stated she disagrees
that it is used as an A-1 residential home because it is not used as anything
currently; it has been abandoned since before 2006. It has never been an adult daycare as stated;
it has been used as an unlicensed youth facility and other things. She read from the BOA Meeting Minutes (Draft)
from December 5, 2016 (received and filed).
She submitted an excerpt from the Land Development Code (received and
filed) and read an excerpt regarding A-1 zoning. Ms. Wood then submitted and read from a copy
of 2016 Florida Statutes 419.001(3)(c)(3) regarding single-family zoning. So, she said she politely disagrees with
everything everybody is saying.
Ms. Wood displayed an aerial photo
(received and filed) from the Property Appraiser’s Office and pointed out the
footage between homes. She said it is
less than 500 feet and it is 199 feet to the fence, so this is not prudent for
this particular area. She suggested they
uphold the denial.
George Woodruff, 4562 Tigua Island Court,
addressed the Board to state he is the assistant president for the Homeowners
Association across the street at Antigua Pointe. He said he feels this proposal is out of
character in that they are a residential area that goes from his neighborhood
of 600 approaching 2 million. They are
directly across the street from the subject property. Chairman Horan clarified that Mr. Woodruff’s
neighborhood is across Tuskawilla Road.
Mr. Woodruff pointed out that he begs to differ with the traffic problem
because there is no access lane or exit lane coming south to get into the
property. He added if one car turns off,
they are okay; if two cars try to turn off, they are going to have a
problem. He said they talked to the
Seminole County traffic engineer yesterday and he agreed with that and said
that they do have a problem. He noted
that is their position and they are against the program. Commissioner Carey asked for the name of the
traffic engineer they spoke with. Ms.
Wood noted they spoke to “Charlie” from Traffic.
With regard to public participation, no one else in the audience spoke
in support or in opposition to Item #29, and public input was closed.
Speaker Request Forms were received and
filed.
In rebuttal, Mr. Sullivan submitted a
petition (received and filed) signed by two different owners on Parker Court,
and he displayed a map showing that their properties at 4611 and 4631 are
immediately contiguous to the site (received and filed). He said this shows they have the support of
the most directly affected owners and they are closer to the subject property
than the folks that spoke in opposition to the request.
Mr. Sullivan stated although there is no
requirement to do a traffic study and he believes that comes at final
engineering, they did have a trip generation memo done by Luke Transportation
Engineering Consultants (received and filed).
He stated this concluded that the property would get a total of six morning
peak-hour trips and 10 afternoon/evening peak-hour trips. In addition, they did get some preliminary
site plan review comments from staff that will require a left-turn lane into
the site, so they are fully expecting to do that, and they will have to
dedicate additional right-of-way for that.
Mr. Sullivan stated his firm was not
representing the Applicant at the time of the BOA meeting, but he reviewed the
minutes of that meeting and it talked about how the building would
evacuate. He believes Mr. Anderson had
alluded to that in terms of the square footage of the building. Mr. Sullivan noted that in the Development
Order under (3)(a), it requires this facility to meet all the Florida statutory
requirements for an assisted living facility of this nature. A floor plan was included in the Agenda
Memorandum that shows the stairs and elevators; there will be more than
adequate ingress and egress from the building.
They will meet all the requirements that apply. Chairman Horan and Commissioner Carey
mentioned they will need to meet all the statutory requirements for the ALF and
the Fire Safety Codes.
In regard to another point that both Ms.
Wood and Mr. Alexander made about the use of this property being out of
character with the area, Mr. Sullivan stated this property has been approved
for more intense uses previously. The
structure already exists and they think it is very much in keeping with what is
already there. He noted it will only
look better than it does now.
Mr. Sullivan stated, in conclusion, they
believe this Special Exception request meets the County’s Land Development Code
criteria as set forth in Section 30.43(b)(2), and there is competent
substantial evidence in the Agenda Memorandum, including County staff’s report
and recommendation as well as the items he has submitted.
Chairman Horan asked specifically what
facts meet those particular requirements.
Mr. Sullivan referred to page two of the staff report and opined it does
a great job of applying them. He said he
had only touched on them and did not directly apply them so he read from the
staff report and reiterated that the building is already there and the more
intense uses on the exact same property have been approved previously. He further noted that the County Code
identifies this use as a Special Exception in A-1 and concludes that it is
residential in nature. He added people
may have different opinions about that but he thinks the Code is clear in that
regard. He also touched on staff findings
with regard to traffic patterns and noted the diminished traffic they previously
discussed and the restriction in the Development Order that prohibits the
residents from driving. Finally, he
stated the report talks about meeting any additional requirements specified in
the Code and said they have talked about the buffering and the wall, and
believes they have met all the requirements and have exceeded them. He added he believes the staff report that is
incorporated into the record goes into additional detail on those elements.
Commissioner Henley asked whether what has
been proposed here alters the nature of the area. Mr. Sullivan replied that he does not believe
that it does. Commissioner Henley
questioned whether this proposal was for an assisted living facility or a
senior living facility because they are different. Mr. Sullivan stated it is an assisted living
facility. Commissioner Henley stated
then that they will have people there who need care, medical and so forth. Upon further inquiry by Commissioner Henley,
Ms. Gibbs advised that this project was denied by the BOA with a vote of three
to two, so it was not unanimous as someone stated earlier. She pointed out that the BOA generally
responds to community concerns. The
concerns were in regard to fire codes and things that are done by other
agencies or the State or the County’s Fire Safety people and they had less to
do with the character and the use. She
noted Chairman Horan’s point that the State has regulations they have to meet
and the County has other regulations they have to meet, and all those address
health, welfare and safety. Commissioner
Henley confirmed that staff did not see this as a problem, and Ms. Gibbs added
that staff considers this a compatible use in the area and it is residential;
in fact, more residential in nature than any commercial that could actually
happen in A-1 property. As to the
traffic, Ms. Gibbs stated this property’s land use is LDR, so it could actually
have four houses on it, which in her opinion would have equal traffic impacts
including if the residents drove. She
added in this case they are restricted from driving, so the impacts would be
far less on traffic.
Commissioner Constantine noted Mr. Sullivan
had mentioned that this had previously been approved for higher intensity. He asked whether Mr. Sullivan felt that the
higher intensity he was referring to was the adult daycare with 20
clients. Mr. Sullivan responded in the
affirmative and explained that use would entail the residents being driven to
and from the facility each day, so from a transportation standpoint, it would
be less intense. Upon further inquiry by
Commissioner Constantine, Mr. Sullivan stated there is a floor plan included in
the backup and he believes there are minimum sizes regulated by the State, and
this meets and exceeds those. They are
mostly one-bedroom units and this would be geared towards a high-end facility
with activities for people in the central areas.
Commissioner Carey discussed the difference
between independent living, assisted living, and skilled nursing. She opined people want the facility to be
close to the area they are from and they do not want to move to the other side
of the county or another county because they are trying to stay in the same
neighborhood where things are still familiar and where their families can still
visit. She feels this is a residential
option as people start to age and they want to age in place, and having these
options to stay in the neighborhood are a good thing for the community.
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to grant the appeal,
thereby overturning the Board of Adjustment’s decision, thereby granting the
request for a Special Exception to establish a 32-bed Assisted Living Facility
in the A-1 (Agriculture) district, more particularly known as 2323 Tuskawilla
Road, as outlined in the proposed Development Order included in the Agenda
Memorandum, with the amendment to the condition of signage limiting the sign
height to six feet, as described in the proof of publication; Ravin Persaud,
Applicant; Approval Development Order.
Districts 1, 2, 3, 4 and 5 voted AYE.
ESTATES AT WELLINGTON PD
REZONE/Jim Mehta
Agenda Item
#30 – PH-2016-539
Continuation
of a public hearing from February 28, 2017, to consider adoption of an
Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development)
for a 24-lot, single-family residential subdivision on approximately 36.79
acres, located on the south side of Mikler Road, approximately one mile south
of Red Bug Lake Road, as described in the proof of publication; Jim Mehta.
Rebecca
Hammock, Planning & Development Division, addressed the Board to advise
that the Applicant is requesting a continuance to the March 28th BCC
meeting.
With
regard to public participation, no one in the audience spoke in support or in
opposition to a continuance, and public input was closed.
Motion by Commissioner Dallari, seconded
by Commissioner Carey, to continue to March 28, 2017 at 1:30 p.m., or as soon
thereafter as possible, the request to consider a Rezone from A-1
(Agriculture) to PD (Planned Development) for a 24-lot, single-family
residential subdivision on approximately 36.79 acres, located on the south side
of Mikler Road, approximately one mile south of Red Bug Lake Road, as described
in the proof of publication; Jim Mehta, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
LEGISLATIVE UPDATE
Meloney Lung, Assistant County Manager,
addressed the Board to present the Legislative Update (copy of report received
and filed). She talked about the
County’s five Appropriation bills and noted HB 3475 in regard to the County’s
$2 million request for CAD replacement was heard and approved unanimously
today. In regard to SB 1158 (Local
Regulation Preemption), which is similar to HB 17, some cities and counties are
providing resolutions to their legislative delegation. Ms. Guillet noted her recommendation would be
to formally adopt a resolution in opposition and Commissioner Dallari
agreed. He noted they should bring it
back to the Board on March 28th.
Ms. Lung reviewed SB 596/HB 687, the utility bill for cell towers, and
advised they have asked their lobbyist to work on ensuring there is wording in
the bill that excludes traffic control devices.
Ms. Guillet noted they are opposed to the bill; however, the FAC and the
League of Cities are trying to get some language in the bill should it pass to
at least be protected from a cost standpoint, because there would be not only
Home Rule issues but also some cost impacts because they would be able to
connect to the County’s facilities under this bill. She explained these are the small utility
poles in the right-of-way and if you live in a subdivision, it could be right
in front of your house, so it is really invasive. While everyone is supportive of enhanced
cellular service, there needs to be some reasonable application. Commissioner Dallari asked whether they can
put these up and down the Florida Turnpike.
Ms. Guillet stated she will have to check, but DOT is excluded so she
imagines that would capture the Turnpike Authority also.
Ms. Lung reviewed HB 13 regarding CRAs and pointed out that all
funding must be allocated by October 1, 2017; existing funding for CRAs can be
extended until 2037, but any new CRAs cannot be created after July 1,
2017. Commissioner Carey expressed it
infringes, again, on Home Rule. Ms.
Guillet remarked it may not have a huge impact to the County’s U.S. 17-92 CRA,
but it will impact some of the cities’ CRAs in which the County participates. Commissioner Carey opined it would prevent
future Boards from being able to create a 17-92 CRA 50 years from now if they
chose to. Ms. Guillet indicated it is
strange to her that they would oppose CRAs because it is not an additional tax,
and she is not even sure what the opposition is to this other than it is an
imposition on this Board’s ability to make decisions about how they want to
finance improvements within their jurisdiction.
Commissioner Carey stated they might not understand how the financing
works. Commissioner Constantine said he
recalls there were two reasons he would hear from legislators who were opposed
to CRAs and one was because they felt it was an increase in taxes, which shows
they did not know. He noted that few
actually have locally elected experience.
The second reason was circumstantial to individual CRAs that some of
them were not being watched as well as they should have been from a financial
standpoint. There were a couple down
south that were spending wildly, and it was usually directed by Miami-Dade
Representatives that wanted to get a handle on that.
Commissioner Carey suggested if they are going to send a resolution,
they should include all of these that step on their authority to home
rule. Commissioner Constantine noted
that Speaker Corcoran is putting out a lot of things that will have to be
addressed by the Senate at the end of the session. Commissioner Carey added they are playing a
lot of games in Tallahassee at the expense of the citizens back home. Ms. Lung stated they will prepare a
resolution and have it on the next Board Agenda.
Ms. Lung discussed HB 7005 and HB 9 related to economic development
and tourism. Commissioner Carey stated
there are no senate companion bills to these.
She added this County has been the recipient of so many of these jobs
that have been created by Enterprise Florida.
In looking at the 67 counties in Florida, Seminole is probably in the
top 3 to 5 of the beneficiaries of these great high-wage paying jobs. She said she is very disappointed with their
representatives for going along with this, and it aggravates her when their
elected leadership are playing games and politics in Tallahassee instead of
thinking about what is going on back in their home district. She opined without Enterprise Florida and
these partnerships, the County would not have Verizon or Deloitte Touche or a
lot of these high-wage paying jobs and manufacturing jobs. Discussion ensued regarding incentive
programs. Commissioner Constantine
remarked that the Americans for Prosperity have been around for a while and
have been complaining; it is just that now they have a very strong voice in the
Speaker of the House of Representatives.
He believes this is why they are hearing more about this and why it is
going forward because it seems that the House is following the leader. Commissioner Carey added there is something
to be said for standing up to a leader when what he is saying has not been true
to your own district.
Ms. Lung stated the last three bills on her report are related to
taxation. She covered SJR 76 regarding
non-homesteaded properties and HB 7063 about maximum millage rates. Commissioner Dallari questioned whether there
is any data from the rating industries.
Ms. Lung replied there is nothing out there yet and she does not believe
there is staff analysis on this one.
Finally she reported on SR 1774 about an additional $25,000 for
exemption on homesteaded properties. She
advised that David Johnson, Seminole County Property Appraiser, will provide
more information at the March 28th Financial Update workshop.
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Ms. Lung gave a short report about the
bear-resistant trash cans. The price
will be $157.50 for the Toter cans.
Another option for a smaller can was also discussed.
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Ms. Lung concluded her report stating if there was anything in
particular the Board members would like her to update them on to please let her
know.
DISTRICT REPORTS
District 5
Commissioner Carey reported there has been
a lot of discussion between the residents at Lake Forest and Mr. Hattaway’s
group that has the sign out on SR 46.
She has spoken to both sides to encourage everybody to try to come to a
friendly resolution on this. She noted
there are a lot of moving parts and the community believes the sign should not
be there. The sign has been damaged, and
she advised she has talked to staff about this ongoing situation. She is hoping they can come to some kind of
resolution between the residents and Mr. Hattaway. (Letter from Lake Forest HOA regarding a permit
submittal by Mr. Hattaway for repair of the billboard was received and filed.)
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In regard to the Central Florida Expressway
Authority meeting, Commissioner Carey stated they received notice from the
Turnpike Authority of the termination of their Interoperability Agreement,
which is a statewide agreement about toll collection and who will collect it
and how the money will be distributed back to the various people. There are over a billion tolls collected per
year, and just in Central Florida for electronic tolls only, they collect $340
million of which 60% are SunPass and 40% are E-Pass. The agreement is set to expire in 180 days
from the date of the notice. She noted
they were supposed to have a draft in February but they have not received it
yet. Commissioner Carey said she talked
to both the Governor and Secretary Rachel Cone last week, and Secretary Cone
assured the Commissioner that they should have it sometime this month because
the attorneys now have it in their hands.
Commissioner Carey added hopefully they will have an opportunity to sit
down and negotiate a new Interoperability Agreement with the State.
In addition, Commissioner Carey stated
further discussions are going on about the purchase of SR 417 as well as other
sections of turnpike property within the four-county area. Also at their last board meeting, there was a
unanimous vote to look at Brevard County to be included in the Central Florida
Expressway. There was a Governor’s task
force who looked at transportation and where it should go in the future. Commissioner Carey noted there are several
roads they felt should be extended to the east of Orange County and that brings
Brevard County into play, and in Osceola County. The chairman from Brevard County was at the
meeting and said that his board has voted on it unanimously and it has been
sent to the Legislature for direction.
Commissioner Carey reported that Laura
Kelley, the Executive Director of the Expressway Authority, will be meeting
with Secretary Cone next week in Tallahassee.
The Commissioner indicated to her that she would also like to meet and
would rather not do it when she is in Session.
She noted that Ms. Kelley is new to the position; she has been on the
job five weeks. She added they had a
very positive conversation.
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Commissioner Carey thanked Gretchen Venn
for bringing in pies for Happy Pie Day and she also wished everyone a Happy St.
Patrick’s Day.
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Commissioner Carey submitted her ex parte
communications into the record.
District 1
Commissioner Dallari stated he received a
notice that the Emergency Management Preparedness Grant that Seminole County
gets from Washington is on the “cut” list, and that would potentially cost
Seminole about $100,000 annually. He
asked that they get their federal lobbyist involved to see how they can
potentially save that. Ms. Guillet
advised they are, especially with the new administration, keeping an eye on
anything that will impact this county locally.
She opined this is a great specific item they can bring up with them
though.
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At the MetroPlan meeting last week,
Commissioner Dallari reported that Mayor Buddy Dyer presented a letter from the
Governor stating that they were willing to discuss with the Expressway
Authority the potential sale of portions of the turnpike. He thanked Commissioner Carey for her
leadership on that.
Commissioner Dallari noted they also discussed Complete Streets for
the region, about how Complete Streets look at all forms of transit. He added they also talked about bringing that
forward regionally, not just from a MetroPlan perspective but from a regional
planning board perspective, and they are trying to get all the cities and
counties on board to move that forward.
District 3
Commissioner Constantine congratulated and
thanked Commissioner Dallari for his leadership regarding Complete
Streets. He added that the Commissioner
was the one that was really pushing the issue, and he thinks it is wonderful
for the County, the Regional Planning Council and the MPO to get behind that
and really make an impact.
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In regard to the Legislative Executive
Committee conference call from the FAC, Commissioner Constantine expressed he
believes the joint resolution will be very much discussed next week. He added they are very concerned and going
all out on HB 17 as the County is.
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Commissioner Constantine thanked
Commissioner Carey for bringing up the issue with the billboard. He said they will follow her lead on that
because it is in her district and he feels it is something that all of their
constituents are concerned about.
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Commissioner Constantine reported that he
and Chairman Horan will be at the Regional Planning Council tomorrow. Also, tomorrow is the Zoo’s Annual
Meeting. He added the Historical Commission
meeting is on March 16th.
CHAIRMAN’S REPORT
Chairman Horan indicated there has been a
request to have a special agenda item on April 11, a report from the Zoo in
regard to their business plan.
Commissioner Dallari asked that they get the report prior to that
meeting, and Ms. Guillet noted her Office will need it by March 30th
in order to get it into the agenda packet.
Commissioner Carey asked that Mr. Davis speak to the board about what
they had discussed.
Charles Davis, Central Florida Zoo, addressed
the Board and advised that Phil Flynn, the Zoo’s President and CEO, sent out
the business plan which will be only part of what they will present. He stated the last time he was at a BCC
meeting, he told them they would provide a detailed report. He advised that report has been sent to the
County Manager’s Office and each of the Commission offices. Mr. Davis pointed out that is part of the
package but they will be adding more to it.
The business plan is what the Zoo is doing internally for growth, but
there is more that they need to add.
Also, they wanted to get in front of the Board for Q&A so the Board
can ask any questions they might have.
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Chairman Horan stated every year the Board
needs to evaluate the County Manager and County Attorney. He noted he prepared a form that basically
goes through the core competencies of their contracts and he did send these to
each of the Commissioners. He noted they
can choose to use it or not; it is there for instructional reasons. He believes the evaluations should be
discussed one on one with the County Attorney and the County Manager, and then
if need be, they could discuss it at a Board meeting. Commissioner Carey opined she would not want
to discuss these at a Board meeting, and they could give the forms to the
Chairman to evaluate the information he receives and be the one to share it
with the two individuals. She added if
they are just having one-on-one discussions, nobody really collectively knows
what everyone is thinking. Traditionally
that is how they have done it. Chairman
Horan stated his intent was just to provide a vehicle for the individual
reviews. Commissioner Henley talked
about how they handled the performance reviews at Lynx and advised they were
also asked to do a self-evaluation of what they had been able to accomplish or
what they needed or wanted to work on.
Commissioner Carey commented that she likes the idea of a
self-evaluation. Commissioner Henley
noted they get a lot more information when they are told about some of the
things people had done because some of those things he hadn’t even been aware
of.
Chairman Horan determined that the consensus of the Board was that they
would like the self-evaluations provided to them by the next BCC meeting and
the Board members will complete their evaluations after that. The Chairman asked that they keep in mind
that these will be considered public record.
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Chairman Horan reported in regard to the
Homelessness Strategy Action Board, they are doing really well in terms of
housing chronic individuals; however, they are about 50% on the family
goal. The reason is they just cannot
seem to find the case management necessary for that. So, they will be focusing for the rest of the
year on philanthropy and funding for the additional case management component
to see if they can get to that goal of 120 families.
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In regard to the Constitutional Review
Commission, Chairman Horan remarked that the Governor has made his
appointees. Commissioner Carey added all
of the appointees have been made now by the Speaker and also the President of
the Senate. Chairman Horan said he
brought this up as a reminder that once again they have to schedule the process
for their own Charter Review Commission.
He added they need to schedule a workshop or an agenda item for the
appointee process and this needs to be done by June. Commissioner Carey noted that Sheriff
Eslinger is one of the alternates for the Constitutional Revision Commission. Chairman Horan stated they should have that
coming up within the next couple agendas so they know what the process is and
who has what cities, etc., and they should be thinking about those people they
want on the Charter Review Commission.
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Chairman Horan stated he was asked to
report that on March 30th between 5:00 p.m. and 7:00 p.m. at the
Youth Camp Recreation Hall, the Wekiva River Basin State Parks will hold their
public workshops for their Unit Management Plan.
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Chairman Horan advised the Seminole County
Public School System, following their Interlocal Agreement, has formed a
citizens’ advisory group, and he confirmed with Ms. Guillet that they have a
representative on that. Ms. Guillet
noted it is not a formal appointment by the BCC, but is someone who the School
Board selected to represent Seminole County’s interests, and the appointee is
Jay Zembower. Chairman Horan reported
they are going to hold a meeting on April 11 at 6:00 p.m. and the topic will be
the Present Impact Fee Ordinance and the Alternative Impact Fee Study. Therefore, he believes the Alternative Impact
Fee Study will be available by April 11th. The Chairman asked whether they would be
setting up a meeting after that and Commissioner Carey informed him that a
joint workshop is already on the calendar.
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Chairman Horan reported he had a visit from
two gentlemen from the Greater Orlando Aviation Authority, Paul Wyche from
Wyche and Associates, and George Morning, who is the Director of Small Business
Development at OIA. They are doing a
major small business initiative outreach, specifically to small businesses in
Seminole County concerning their $1.8 billion terminal expansion program. PCL and Turner are the primary contractors
and they will be funneling information through the Chairman’s Office and
through the County’s economic development people to get information out to
small businesses in this county with regard to the economic opportunities that
are available for employment on those particular jobs.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Letter dated February 27, 2017, from South
Seminole Community Association for Progress, Inc. to Seminole County Board of
County Commissioners re: Appreciation of support for the Winwood Community.
2. Letter dated February 28, 2017, from Chairman
Horan to Ray Eubanks, Plan Processing Administrator, Department of Economic
Opportunity, re: Transmittal of Proposed Large Scale Future Land Use Map
Amendment to the Seminole County Comprehensive Plan - Expedited State Review
Process.
3. Letter dated March 8, 2017, from Grant Maloy,
Clerk of the Circuit Court and Comptroller, to Chairman Horan re: Investment
Policy Update.
4. Letter dated March 9, 2017, from Chairman
Horan, to Grant Maloy, Clerk of the Circuit Court and Comptroller, re: Response
to letter regarding Investment Policy Update.
ITEMS FOR FUTURE AGENDA
Brian Holmes, 2371 Westwood Avenue, addressed the Board and advised he
is the Director for Florida Consumer Water/Wastewater Alliance (FCW
Alliance). He read a statement (copy
received and filed) into the record in regard to their opposition to a request for
a rate increase by Utilities, Inc. and the accountability needed that revenue
generated matches the expenditures for upgrades and maintenance. Copies of the following were also received
and filed: (1) Letter dated 3/6/17 from
the City of Longwood to the Florida Public Service Commission (FPSC), and (2)
Letter dated 2/21/17 from State Representative Bob Cortes.
Commissioner Dallari asked when this was going in front of FPSC and
Ms. Guillet replied it will in May, to which the Commissioner stated they have
a little bit of time but not much. He
then asked if they could use their state lobbyist to talk to FPSC as well. Ms. Guillet advised they do have legal
counsel that specializes in water resources that is working on the County’s
behalf. Commissioner Dallari asked if
they could get an update from legal counsel on anything that is non-sensitive
and Ms. Guillet replied they can.
Commissioner Dallari added that even though they have an expert in the
field working on this, he suggested they get their state lobbyist to work on
this also. Commissioner Constantine
noted that Commissioner Jack Mariano of Pasco County has been very strong on
this also, so they have an ally in this.
Commissioner Carey stated she would imagine there are more than just a
couple of counties that are impacted by the consolidation effort going on.
Ann Marie Ryan, 11436 Windstar Court, addressed the Board stating she
is the leader and organizer of the Summertree Water Alliance, which is a
community of 1,200 homeowners who have trouble with Utilities, Inc. of Florida
(UIF). Because of the problems they are
having with UIF, they spoke to all their legislators and the Office of Public
Counsel, and they decided to start the organization called the Florida Consumer
Water/Wastewater Alliance to unify the customers across the state who are
having the same problems with Utilities, Inc.
She stated they thank the Board for their quick and efficient way of
letting FPSC know that this latest consolidated increase is really
horrific.
Ms. Ryan noted there are several communities throughout the state who
will benefit from this consolidation, but the majority will not. Their community would have benefitted from a
decrease, but the decreases are fueled with inflated, stand-alone rate
increases which are going to be “put into a pot” and then divided by the 60,000
customers. So, they decided to put aside
any kind of benefit they would have and go for reform to help everybody because
they think that this latest measure is dangerous.
Ms. Ryan stated they are opposed to a rate increase and they are
looking for legislative reform. She
submitted an information packet (received and filed) and explained the packet
includes a list of the dockets from the inception of when Marty Friedman, a
counsel for utility clients, had put in for the consolidation working up to all
the financial aspects of what was going to affect Seminole County. Also included is a letter of intervention
that was submitted by Erik Sayler, the attorney for the Office of Public
Counsel, to make this a full-blown rate case.
Ms. Ryan remarked there are all kinds of data and evidence that is
coming in after March 6th so it will not be brought into the
hearing. They are asking the Board to
write a letter or get in touch with Commissioner Brown (FPSC) or Erik Sayler to
ask for anybody from the county or any leader from the counties to have the
opportunity to speak at the May 8th technical hearing. She stated they have generated almost 2,000
documents since the close on March 6th and they won’t have a chance
to bring any of that information forward.
Ms. Ryan advised they found out when Mr. Sayler made the request on
behalf of the FCW Alliance that Marty Friedman was very adamant that he does
not want any customers or elected officials to have an opportunity to speak at
that hearing. Without this Board’s help
and the help of other leaders throughout the state, none of the information
including the letter that came from the City of Longwood’s mayor will get into
that docket.
Ms. Ryan said they worked side by side with Senator Simpson. They were up in Tallahassee on October 11th
for an agenda hearing and she noted there is a link to a video included in the
information packet which shows Senator Simpson standing up for all of the
constituents and the people of the State of Florida who have to deal with
Utilities, Inc. The Senator promised
those commissioners, and he came back a second time, that he is writing
legislation to prevent them from continuing in the business manner that they
have.
Ms. Ryan stated their community has 1,200 homes and since 1991, UIF
has not put any major infrastructure changes into their community. UIF has unbelievable business practices and
without reform, they can continue to do what they do. She added that even though their community
reduced their consumption by 46% and they went from potable water to well water
for irrigation, UIF is allowed to charge them $186,000 per year in perpetuity
for lost revenue, and these are practices they are doing across the state.
Ms. Ryan noted she got in touch with Corix, who is the holding company
for UIF. They also got in touch with
British Columbia Investment Management Corporation, the holding company for
Corix. They responded with a letter
stating they feel their constituents should hold to better business
practices.
Ms. Ryan expressed they believe that the legislation is possible and
that Senator Simpson is committed to helping the people of this state. She said the Senator feels that water is a
right and people have the right to get it at a fair price. Ms. Ryan thanked the Board for their
initiative and stated if there is anything the FCW Alliance can do to support
or assist, they would be happy to do so.
Chairman Horan questioned who from the County will be attending the
hearing to which Ms. Guillet replied staff will be there along with
representatives from Ed de la Parte’s (lobbyist) office. Commissioner Carey asked if Mr. de la Parte
would be attending himself and Commissioner Dallari added they should request
that he be there.
Ms. Ryan said she wanted to mention that she spoke to their counsel,
Mr. Sayler, and he asked that she bring up to this Board and the City of
Longwood that they can actually file a request to intervene in this docket that
would allow them to sit as a chair and be able to depose UIF. They would just have to get in touch with Mr.
Sayler and that information is included in the information packet she
submitted. She added they would be able
to file documents into evidence.
Commissioner Carey suggested the County Manager speak to Mr. de la Parte
regarding this. Chairman Horan spoke
about Mr. de la Parte’s expertise.
Mr. Ryan submitted a petition (received and filed) from The Woodlands
into the record.
Speaker Request Forms were received and filed.
COUNTY ATTORNEY’S REPORT
Bryant Applegate, County Attorney, noted
that Assistant County Attorney David Shields sends out a master list of
legislative bills to each lawyer who is charged with following up on the bills
that impact the areas in which they represent their clients in the county, and
they will continue to report back to Meloney Lung on that as well.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 3:30 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
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