BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
June 24, 2014
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, June 24, 2014, in
Room 1028 of the SEMINOLE COUNTY
SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Robert Dallari (District 1)
Vice Chairman Brenda Carey
(District 5)
Commissioner
John Horan (District 2)
Commissioner
Lee Constantine (District 3)
Commissioner
Carlton Henley (District 4)
Clerk
of Circuit Court & Comptroller Maryanne Morse
Acting
County Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy
Clerk Erin Leben
Commissioner
Henley gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The Business Spotlight video for Ganesh Mills was
presented.
-------
Chairman Dallari recessed the meeting of the Board of County
Commissioners at 9:42 a.m., and convened as the U.S. Highway 17-92 Community
Redevelopment Agency (CRA).
U.S. HWY 17-92 CRA
Sonia Fonseca, Development Services,
presented request to consider approval of the First
Amendment to the U.S. Hwy 17-92 CRA Redevelopment and Construction Grant
Agreement between the U.S. Hwy 17-92 CRA and Evolution Auto Sales, LLC,
extending the current project completion date from June 30, 2014 to June 30,
2015, to accomplish the redevelopment of the property formerly known as David
Maus Toyota, located at 2925 U.S. Hwy 17-92.
Staff is recommending approval of this item.
Upon inquiry by Commissioner Constantine,
Ms. Fonseca advised this is a redevelopment project where the façade of the
facility is being redone. She stated it
is currently in disrepair and added that the property is about 43,000 square
feet of commercial space.
No one spoke in support or in opposition.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to approve the First
Amendment, as shown on page ______, of the U.S. Hwy 17-92 CRA Redevelopment and
Construction Grant Agreement between the U.S. Hwy 17-92 CRA and Evolution Auto
Sales, LLC, extending the current project completion date from June 30, 2014 to
June 30, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Dallari adjourned the meeting of
the U.S. Highway 17-92 Community Redevelopment Agency at 9:44 a.m., and
reconvened as the Board of County Commissioners.
PUBLIC PARTICIPATION
Kevin Spolski,
3850 Sipes Avenue, addressed the Board to state he
was in opposition of Item #9, approve Resolution and Maintenance Map for Sipes Avenue, on the County Manager’s Consent Agenda. He stated that none of the residents have
requested any of the maintenance that is being performed, and the entire street
is being maintained by the residents. He
indicated that his measurements do not add up to what is indicated on the
station point. He does not feel this
maintenance is good for the neighborhood and they appreciate the way it has
been maintained up to this point.
-------
Larry Meador, 2000 North Umbria Drive,
addressed the Board to thank the County for putting Item #26, Marketing
Services Update, back on the agenda. He
stated his company has been trying to earn this business for nine years and they
have continued to be met with opposition.
They were excited to hear they were the staff recommendation to be
awarded the contract, but then learned the current contract had been extended
for another year. He stated that when
the Board discusses this item later, he would appreciate them taking his company’s
hard work in trying to earn the County’s business into consideration. He added that his agency was recently awarded
the Florida Public Relations Association Golden Image Award for their work with
destination management marketing as well as two Flagler Awards. He asked that in the Board’s deliberation
that they give consideration to the staff recommendation to allow his agency to
take over the job.
Upon inquiry by Commissioner Carey, Mr.
Meador stated that he received a letter from the procurement department stating
that in order for his firm to be considered in this discussion that they needed
to develop a 2015 business plan.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, Acting County Manager, informed the Board of an
add-on, Item #23A, approval of the Job Growth Incentive (JGI) Funding Agreement
with CareMed Pharmaceutical Services and CoPilot Provider Support Services, Inc.
Commissioner Carey requested that Item #9, adopt a Resolution
and a Maintenance Map for Sipes Avenue be pulled for a separate discussion and vote.
Motion by Commissioner Carey, seconded by Commissioner Horan, to
authorize and approve the following:
Community
Services
Business Office
2. Approve the reappointment of Joe
Mohr, State Attorney’s Office, to the Committee on Aging.
3. Approve and authorize the
Chairman to execute the Tenth Renewal, Amendment and Restatement, as shown on
page _______, of a County of Volusia Interlocal Agreement for the Provision of
Medical Examiner Services for Seminole County.
Community Development
Division
4. Approve and accept the
Neighborhood Stabilization Program (NSP) monthly Snapshot/Report and properties
acquired by Seminole County Government.
5. Approve and authorize the
Chairman to execute the State Housing Initiative (SHIP) Program Fiscal Year
2014/15 Funding Certification, as shown on page _______, for funding allocation
to Seminole County in the amount of $1,990,378 and to use this funding according
to the SHIP statute and rules and within the parameters of Seminole County's
Local Housing Assistance Plan.
Development
Services
Planning &
Development Division
6. Approve the final plat for Tuska Reserve subdivision containing 24 lots on 8.025
acres, located on the south side of Center Drive and approximately 0.25 mile
west of E. Lake Drive, Meritage Homes of Florida, Inc.
Leisure Services
Greenways &
Natural Lands Division
7. Approve and authorize the
Chairman to execute the Public Purpose Resolution #2014-R-128, as shown on page
_______, for FDOT-leased boat ramps, Cameron Wight and C.S. Lee Parks.
Tourism
Development Division
8. Approve and authorize the
Chairman to execute an Agreement, as shown on page _______, with Florida
Collegiate Summer League, Inc. in the amount of $9,789 for the Piper Davis
National Inner City Youth Baseball Tournament to be held July 22-26, 2014.
Resource
Management
Budget and
Fiscal Management Division
10. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-129, as shown on page
_______, implementing Budget Amendment Request (BAR) #14-085, in the amount of
$29,124,205 through the Sports Complex/Soldier's Creek Project Fund and Tourist
Development (3%) Fund to recognize the receipt of proceeds of $28,571,611 from
the issuance of Special Obligation Bonds, Series 2014 for the construction of
the Sports Complex (#00234741) and Soldier's Creek Renovation (#00234714)
Projects; to establish the Sports Complex/Soldier’s Creek Construction Project
Family (#00234653), allocate funds for project management and transfer funds to
the General Revenue Debt 2014 – Sports Complex/Soldier's Creek Fund for the
Cost of Issuance and Interest due on the bonds in FY 2013/14.
11. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page _______, with the
Florida Division of Emergency Management in acceptance of $110,091 for the FY 2014/15
Emergency Management Performance Grant; and approve and authorize the Chairman
to execute appropriate Resolution 2014-R-130, as shown on page ______, implementing
Budget Amendment Request (BAR) #14-089 in the amount of $110,091 to appropriate
grant funds for the Emergency Management Program.
12. Approve and authorize the
Chairman to execute appropriate Resolution #2014-R-131, as shown on page
_______, implementing Budget Amendment Request (BAR) #14-090 through the City
of Sanford CDBG Fund in the amount of $224,688 for the administration of the
City of Sanford's Community Development Block Grant Program.
13. Approve and authorize the
Chairman to execute a Grant Agreement, as shown on page _______, with the
Florida Division of Emergency Management in acceptance of $105,806 for the FY 2014/15
Emergency Management Preparedness and Assistance Grant; and approve and
authorize the Chairman to execute appropriate Resolution #2014-R-132, as shown
on page _______, implementing Budget Amendment Request (BAR) #14-091 in the
amount of $105,806 to appropriate grant funds for the Emergency Management
Program.
Purchasing &
Contracts Division
14. Approve Mutual Termination, as
shown on page _______, of RFP-601327-12/BJC, Employee Assistance Program with
Seminole Community Mental Health Center, Inc., d/b/a Seminole Behavioral
Healthcare, Fern Park; and authorize the Purchasing & Contracts Division to
execute the documents.
15. Award RFP-601999-14/BJC, as shown
on page _______, Third Party Administrator Services to Johns Eastern Company,
Inc., Lakewood Ranch; and authorize the Purchasing & Contracts Division to
execute the Agreement.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Request
to Adopt a Resolution and a Maintenance Map for Sipes
Avenue from Pine Way to East Lake Mary Boulevard located in Section 16,
Township 20 South, Range 31 East, was presented.
Commissioner
Carey advised she thinks there is some information in the survey that does not
line up with what she saw in the field.
She feels that this decision should be made in a public hearing since
the public road is mostly being maintained by the residents. She added that she feels there needs to be further
investigation and confirmation by staff.
She said that from a policy standpoint, even though the law allows them
to claim this area as right-of-way under the Maintenance Map theory, she feels
there should be a public hearing regarding the issue.
Antoine
Khoury, Public Works Director, addressed the Board to explain the current
maintenance schedule of the area in question.
He stated the flat grounds are being maintained six times a year, the
ditches are being mowed three times a year, and the ditches are being cleaned
once every two years. He advised that
this area is expected to be repaved in three to five years. He advised they will continue to maintain the
road with or without a Maintenance Map.
Upon
inquiry by Chairman Dallari, Mr. Khoury discussed different changes to the
Maintenance Maps that have occurred in the past and advised they did not have
public hearings for those instances.
Upon
inquiry by Commissioner Horan, Bryant Applegate, County Attorney, advised that
the statute does not require a public hearing.
Commissioner
Horan stated that even though the law does not require a public hearing, he
feels that it would be incumbent upon a public body to make the necessary record
in a public-hearing type setting. He
feels there is no harm in conducting a public hearing due to the controversy
about this property.
Upon
inquiry by Commissioner Constantine, Mr. Khoury stated he had a meeting with
the developer and the County asked them to bring it up to County
standards. He advised there is no documented
right-of-way through the corridor, the only way staff has been maintaining the
right-of-way is through the Maintenance Map.
There was no cost to the County.
They identified the limits of maintenance and field work and verified
the field work was done by the property owner’s surveyor.
Commissioner
Constantine stated he does not see any immediate need to do this and he is in
support of a public hearing regarding the item.
Commissioner
Carey stated she would like a legal opinion on the statute. She feels that as good public policy, having
a public hearing should be part of the process.
Motion by Commissioner Carey,
seconded by Commissioner Constantine, to continue to July 22, 2014 at 1:30
p.m., or as soon thereafter as possible, request to adopt a Resolution and a
Maintenance Map for Sipes Avenue from Pine Way to
East Lake Mary Boulevard located in Section 16, Township 20 South, Range 31
East, Seminole County, Florida at which time the Board can receive the
requested legal opinions and backup documentation.
Districts 1, 2, 3, 4 and 5
voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey,
seconded by Commissioner Horan, to approve and authorize the following:
Clerk's Office
16. Approval of Expenditure Approval
Lists, as shown on page __________, dated May 19 and 27, and June 2, 2014; and
Payroll Approval List, as shown on page ___________, dated May 22, 2014; and
noting, for information only, the following Clerk's "Received and Filed":
1.
Amendment
#4, as shown on page ______, to Work Order #6 to PS-4736-09.
2.
Amendment
#6, as shown on page ______, to Work Order #44 to PS-4388-09.
3.
Change
Orders #9, #10 and #11, as shown on page ______, to CC-6877-11.
4.
Work
Order #19, as shown on page ______, to CC-8199-12.
5.
Closeout
to CC-7968-12, as shown on page ______.
6.
Work
Order #8, as shown on page ______, to PS-8286-13.
7.
Work
Orders #3 & #4, as shown on page ______, to CC-9072-13.
8.
Closeout
to CC-7202-11, as shown on page ______.
9.
Work
Order #18, as shown on page ______, to RFP-5706-10.
10.
Amendment
#1, as shown on page ______, to Work Order #58 to RFP-5465-10.
11.
Amendment
#2, as shown on page ______, to Work Order #35 to PS-2249-07.
12.
Change
Order #3, as shown on page ______, to CC-8794-13.
13.
Amendment
#1, as shown on page ______, to Work Order #4 to PS-8186-13.
14.
Work
Orders #61 & #62, as shown on page ______, to PS-3914-08.
15.
Change
Order #2, as shown on page ______, to CC-8481-13.
16.
Change
Order #1, as shown on page ______, to CC-8267-13.
17.
Change
Order #1, as shown on page ______, to RFP-9059-13.
18.
Work
Order #5, as shown on page ______, to PS-6487-11.
19.
Amendment
#1, as shown on page ______, to Work Order #5 to PS-8286-13.
20.
Work
Order #18, as shown on page ______, to CC-8199-12.
21.
Work
Orders #66 & #67, as shown on page ______, to PS-3914-08.
22.
Work
Orders #8 & #9, as shown on page ______, to PS-7643-12.
23.
First
Amendment to IFB-600959-10, as shown on page ______, Term Contract with Fire
Catt, LLC.
24.
Development
Order #13-20500027, as shown on page ______, Minor Amendment to Aloma Mini
Storage PD, Aloma Self Storage, LLC.
25.
Preserve
at Lake Sylvan Developer’s Commitment Agreement, as shown on page ______.
26.
Development
Order #14-30000028, as shown on page ______, Sasa Jeljac variance.
27.
Corrective
Mortgage Deed, as shown on page ______, for Home Ownership Assistance Program
State Housing Initiative Partnership Program Down Payment Assistance, David and
Flor Scammell.
28.
Memorandum,
as shown on page ______, to Acting County Manager from Bill Wharton, Planning
& Development Division, relating to Unauthorized Commitments for Work Order
#14 to RFP-3261-08.
29.
Exhibit
A, as shown on page ______, for Memorandum of Understanding relating to
Delivery of Meals for Public Safety workers during times of disasters.
30.
Letter
to Chairman Dallari from the Central Florida Freethought
Community re: invocation request.
31.
Conditional
Utility Agreements, as shown on page ______, for Potable and Reclaimed Water
and Sewer Service with M/I Homes of Orlando, LLC, for the project known as
Astor Grande at Lake Forest.
32.
Conditional
Utility Agreements, as shown on page ______, for Potable and Reclaimed Water
and Sewer Service with ZDA, LLC, for the project known as Serenity Cove.
33.
Proposed
Budget from the Sheriff’s Office for Fiscal Year 2014/15, as shown on page
______.
34.
Official
Statement and Preliminary Statement for the Special Obligation Bonds, as shown
on page ______, Series 2014 in the amount of $28,000,000.
35.
Letter
to Marshall Stranburg, Florida Department of Revenue,
from Nicole Guillet, Acting County Manager, re:
Seminole County’s Official Notice to the Florida Department of Revenue
of Seminole County voters’ referendum approval of the imposition of the
One-Cent Discretionary Local Government Infrastructure Surtax.
36.
Westlake
Center PD Developer’s Commitment Agreement, as shown on page ______.
37.
Development
Orders, as shown on page ______, as follows:
#14-30000022, Hewitt variance; #14-31000002, Bristol special exception;
#14-32000001, Wolford special exception; #14-30000043, Knox variance;
#14-30000027, Ishanzai variance; #14-27500017, Equity
One alcoholic beverage license; #14-30000034, Reynolds variance; #14-30000031, Fahie variance; #14-30000030, Benitez & Klinger
variance; #14-30000029, Forbes variance; #14-30000026, Stahl variance;
#14-30000024, Busa variance; and #14-30000023, Pajore & Escobar variance.
38.
Bid for
IFB-601900-13.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Motion by Commissioner Carey, seconded
by Commissioner Horan, to
authorize the following:
Sheriff's Office
17. Approve expenditure of $50,000
from the Law Enforcement Trust Fund to provide for a contribution to the
Florida Juvenile Justice Foundation, Inc.
18. Approve expenditure of $50,000
from the Law Enforcement Trust Fund to provide for a contribution to Kids House
of Seminole, Inc.
19. Approve expenditure of up to
$6,000 from the Law Enforcement Trust Fund to sponsor the “Back to School Skate
with the Sheriff” event in partnership with Kids House of Seminole, Inc.
20. Approve expenditure of $25,000
from the Law Enforcement Trust Fund to provide for a contribution to the
Central Florida Council, Boy Scouts of America.
21. Approve expenditure of $50,000
from the Law Enforcement Trust Fund to provide for a contribution to The
Foundation for Seminole County Public Schools for Take Stock in Children.
22. Approve expenditure of $50,000
from the Law Enforcement Trust Fund to provide for a contribution to Seminole
County Victim’s Rights Coalition, Inc. d/b/a Safe House of Seminole.
23. Approve expenditure of up to
$290,000 from the Law Enforcement Trust Fund to provide for the purchase of
active shooter equipment and supplies.
Districts 1, 2,
3, 4 and 5 voted AYE.
REGULAR AGENDA
Pamela
Lynch, Economic Development Program Manager, addressed the Board to present request
to Approve a Job Growth Incentive (JGI) Agreement with Sorkin’s
Rx Ltd., d/b/a CareMed Pharmaceutical Services and CoPilot Provider Support Services, Inc., providing an
incentive of $2,000 per job, for a total of $500,000 to be split evenly with
the City of Lake Mary, for the creation of 250 jobs; and the Interlocal Funding
Agreement between Seminole County and the City of Lake Mary, addressing the
City’s contribution to the JGI incentive ($250,000).
Ms. Lynch
advised that the JGI Program is locally administered between the County and
City and that the program operates via an interlocal and program
agreement. It is an inducement to bring
a target industry to a community and all awards require a surety instrument in
the form of a performance bond or letter of credit. CareMed is a
specialty pharmacy. Specialty pharmacies
manufacture and administer specialized, often costly drugs for the treatment of
complex medical conditions such as those that are oncology related, multiple
sclerosis, and osteoarthritis. Some
information regarding this includes the relocation of CareMed’s
headquarters and operations to the City of Lake Mary, 250 new jobs to Seminole
County with a $50,000 average annual wage.
Capital investment is estimated at approximately $4.9 million. The funding request is for $2,000 per job
equating to a total award of $500,000.
The Lake Mary City Commission approved to equally participate during
their June 19th meeting providing for a funding split of $250,000
for each jurisdiction. Staff recommends
approval of the request.
Commissioner
Constantine stated this request is within the course of what has been done
recently and it is successful in bringing in and enticing some businesses. He feels they need to be more cautious in
proceeding with these JGIs as the economy improves. He opined that they have to be cautious if it
proceeds to where companies are competing in various counties within the state.
Commissioner
Horan stated that they have to be careful to conduct these programs in an
accountable way so that the benefits are identified and then the incentive is
paid, which is the way they are set up.
He advised there has been a great period of success since the recession
ended. He stated there have been 20
companies that have relocated and/or expanded their business to Seminole
County.
Commissioner
Carey opined there are many benefits of bringing jobs to Seminole County versus
a surrounding county. She feels this is
the type of business Seminole County is looking for. She stated this is the type of industry that
they target and would love to have more of and that if the company is
relocating their headquarters here, they are likely to continue to grow here.
Motion by Commissioner Carey, seconded
by Commissioner Horan, to approve the Jobs Growth Incentive Funding Agreement,
as shown on page ______, between Sorkin’s Rx Ltd.,
d/b/a CareMed Pharmaceutical Services and CoPilot Provider Support Services, Inc., and Seminole
County providing an incentive of $2,000 per job, for a total of $500,000 to be
split evenly with the City of Lake Mary, for the creation of 250 new jobs and
to approve the Interlocal Funding Agreement, as shown on page _______, with the
City of Lake Mary.
Under
discussion, Chairman Dallari advised there are performance bonds in place and
he would like the public to realize that they constantly do audits on these to
ensure that everything that the Board and the companies agree to is adhered to.
Commissioner
Henley stated he feels Seminole County has profited from this approach
greatly. He advised that since the
previous Board adopted the Economic Development Division in 1993, there have
been a tremendous number of businesses and jobs brought into the county
remedying the necessity to leave the county for work. He feels the Board needs to be cognizant of
the fact that these companies have a choice of where to locate and it is
important for the County to be competitive so they don’t become a bedroom
community.
Commissioner
Horan agreed with Commissioner Henley that they have worked very hard to have a
more diversified type of economy and type of environment.
Commissioner
Constantine stated that he wanted them to be ahead of the curve, not
consistently going along as they have been because the landscape is changing
when it comes to incentives.
Chairman
Dallari agreed with Commissioner Constantine and commented that Ms. Lynch does
not “cherry pick” or try to get companies from other counties to come into
Seminole County. This is truly a
regional approach for people outside of the region, if not the state.
No one
spoke in support or in opposition
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER
AND STAFF BRIEFINGS
The Board noted, for
information only, the Informational Budget Transfer Status Report for
FY 2013/14 (April 2014).
-------
The Board noted, for
information only, the Informational Budget Transfer Status Report for
FY 2013/14 (May 2014).
-------
Ray Hooper, Purchasing & Contracts
Division Manager, addressed the Board to present an update on Marketing
Services for Seminole County. He advised
at the November 19, 2013 BCC meeting, the Board directed staff to extend the
current contract with Paradise Advertising and Marketing, which would expire on
November 24, 2014. Prior to that
meeting, staff issued a new RFP, solicitation for marketing services, and
received proposals from Paradise Advertising and Evok
Advertising. This RFP is currently on
hold.
Staff is seeking direction on this active
RFP and future marketing services that will expire this fall. Some of the suggested options that staff
would like to recommend to the Board would be to refresh the current active
solicitation, and this can be done by conducting presentations at a future BCC
meeting so that the Board can finalize the evaluation process and make the
recommendation to staff to award the agreement to the successful firm. Mr. Hooper advised other options including
cancelling the current RFP and issuing a new RFP with a new scope to possibly
increase competition or cancelling the current RFP to continue the current contract
with Paradise. The fourth option could
be a combination such as extending it for sixth months and issuing a new
RFP.
Mr. Hooper advised that to revitalize the
RFP, staff had requested new marketing plans for 2015 in case the Board wanted
to continue with the active RFP.
Upon inquiry by Commissioner Carey, Mr.
Hooper stated that both firms submitted revised marketing plans. He advised staff is requesting direction on
how to move forward with the countywide marketing services.
Commissioner Henley expressed his surprise
that staff issued an RFP because the motion was made to extend the existing
contract and the Board would then determine, at a future date, whether to go
out for an RFP or to extend the contract.
He thought that staff was to come back to the Board for direction.
Upon inquiry by Commissioner Carey, Mr.
Hooper advised that this RFP was issued last summer, which was prior to the
Board’s decision last November to extend the current contract. The direction was to extend the current
contract with no direction on what to do with the RFP. He stated staff wants to look for a permanent
approach on marketing services.
Commissioner Carey stated she felt unsure about
the amount of experience of the firms in the sports field, but she knows there
are people who specialize in sports, tourism, and marketing and
development. She stated she would like
some information from staff on what is out there and how to move forward
because by the time they go through the RFP process and get a sports expert, they
will be up to the point in time that they will need to be marketing the Sports Complex. She advised she does not want to extend
somebody’s contract if they aren’t the right person, cancel the RFP and go back
out with a new scope unless they know what they are doing.
Upon inquiry by Commissioner Carey, Mr.
Hooper advised that when they put the RFP out a year ago, sports marketing was
included in the scope of services but it was removed. He stated the current active RFP does not
include the sports component.
Nicole Guillet stated that the extension to
the current contract that was granted last year expires in November. She advised that if the Board thinks they are
going to want to make a change in November, they would need to get started on a
new RFP or any of the other options that Mr. Hooper mentioned. She said staff is trying to allot enough time
so that if they have to issue a new RFP, they have enough time to do it before
the existing extension expires.
Chairman Dallari stated he agrees with
Commissioner Carey.
Mr. Hooper advised the contract that is
being discussed is for general marketing.
He said typically there would be two contracts; one unique to the Sports
Complex and one for general marketing.
Commissioner Carey stated she feels there
are a lot of unanswered questions and she doesn’t want to award a contract that
may not be the right choice.
Upon inquiry by Commissioner Carey, Mr.
Hooper advised that the sports component was removed from the original RFP
because there were so many unknown situations about the Sports Complex. He added that when they went out with the
RFP, the original contract was expiring last year.
Upon further inquiry by Commissioner Carey,
Mr. Hooper stated that staff was trying to be open and creative at the time the
RFP was issued, but things changed and they thought it would be best to deal
with the sports component on a different RFP.
Upon inquiry by Commissioner Horan, Mr.
Hooper advised that the current contract expires in November and there needs to
be future coverage for marketing services for the County. He stated there is an active RFP and they
asked for marketing updates because typically in an RFP, proposals become
stale.
Commissioner Horan stated he felt it would
be a better option to end the RFP, extend the current contract until they have
a better consensus of the Board as to how they will move forward with the two
different types of services. He opined
that it is not in the best interest of the citizens of Seminole County to take
the process they have had, that does not seem applicable, and try to fit it
into this situation.
Commissioner Henley advised the County
already pays $123,000 per year to the Central Florida Sports Commission to
market and bring teams to the County. He
advised that the marketing people take direction from staff and the Tourism
Development Council (TDC) as to what they are to market and the TDC approves
everything.
Commissioner Carey suggested the Board
continue this item until July, ask staff to distribute to the BCC the marketing
plans, and make a decision at the July meeting of who they will move forward
with, which will dispose the RFP. She
feels in the meantime, they need to continue to discuss all the things that
have been identified about the Sports Complex.
Mr. Hooper advised that there is
termination language in these contracts where they can mutually terminate or
terminate the contract for convenience at any time.
Upon inquiry by Chairman Dallari, Joe Abel,
Leisure Services Director, addressed the Board to state that staff has been
updating the TDC on the actions moving forward and at the last TDC meeting,
they just mentioned this item was coming forward for discussion by the BCC.
Chairman Dallari stated he felt that at
this time there was not enough information to move forward with this and it
should be continued, and the Board should have a work session to understand all
the issues that are out there so they can make an intelligent decision.
Commissioner Constantine opined that there
wasn’t any question that any sports complex professional management will have a
marketing component because they will be responsible for the amount of days
that would be in use. He feels the TDC
should give some direction in what they would like to see in this also.
Commissioner Carey stated that at some
point the RFP needs to be disposed of.
Commissioner Horan advised that he attended
the last few TDC meetings. He stated
that last year, the TDC thought they were going to make a recommendation and
the legal opinion came that it wasn’t in their authority, so they made no
formal recommendation. He stated he
feels they need to terminate the RFP at this time and have a work session so
they can identify all of the moving parts and variables and come up with some
kind of a concrete plan and recommendations from staff.
Commissioner Carey stated that because they
aren’t ready to make a decision on what they want to do with the tourist
development marketing aspect, it might be prudent to extend the existing
contract for six months until they can make a decision.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to extend the current marketing
services contract for six months and to suspend the RFP until the Board
determines whether or not it is accurate.
Under discussion, Commissioner Horan stated
he did not wish any of the proposers to submit any more material regarding this
subject. He said if the Board is going
to consider this proposal, they will take the information they have already
received.
Upon inquiry by Commissioner Constantine,
Mr. Hooper stated that suspending the RFP and then reacting on the RFP is not
typical best practices. He added that they
would usually refresh the scope.
Commissioner Constantine stated he agrees
with having the work session and the principle of Commissioner Carey’s motion,
but suggested instead of suspending the RFP, they rescind it, and then instead
of six months, extend the contract for three months.
Commissioner Carey withdrew her motion.
Motion
by Commissioner Constantine to extend the current marketing services contract
for three months and to rescind the RFP.
Upon inquiry by Chairman Dallari, Mr.
Hooper stated it generally takes about four to five months to do an RFP.
Chairman Dallari called for a second to the motion two times, without response, whereupon the motion died for lack of same.
Commissioner Carey advised that the reason
she thinks six months is the correct amount of time is because they have the
ability to terminate with or without cause in all of their contracts. She stated that the upcoming meetings will
likely be long and six months is an appropriate amount of time.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to extend the current marketing
services contract for six months.
Districts
1, 2, 4 and 5 voted AYE.
Commissioner
Constantine voted NAY.
-------
Motion by Commissioner Horan, seconded
by Commissioner Henley, to rescind the current marketing services RFP and close
it out.
Districts
1, 2, 3 and 4 voted AYE.
Commissioner
Carey voted NAY.
COUNTY MANAGER’S AND STAFF
BRIEFINGS
No Report.
COUNTY ATTORNEY’S BRIEFING
No Report.
-------
Chairman Dallari advised that a work
session is scheduled in Conference Room 3024.
-------
Chairman
Dallari recessed the meeting at 10:47 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials, with the exception of Clerk of Court and
Comptroller Maryanne Morse who was replaced by Chief Deputy Clerk Bruce
McMenemy, and Deputy Clerk Erin Leben who was replaced by Deputy Clerk Terri
Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Horan, seconded
by Commissioner Henley, 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
SR 46/LAKE FOREST PD MAJOR
AMENDMENT
AND REZONE/Damon and Melanie
Chase
Proof of publication, as shown on page
________, calling for a public hearing to consider approval of a Major
Amendment to the SR 46/Lake Forest PD (Planned Development); adoption of an
Ordinance enacting the associated Rezone from (PD) Planned Development to (PD)
Planned Development; and approval of the associated Addendum to the Development
Order for 0.711 acres, located on the north side of SR 46 and east of Terracina
Drive; Damon and Melanie Chase, received and filed.
Brian
Walker, Development Services, addressed the Board to present the request as
outlined in the agenda memorandum. He
reviewed the uses prohibited in the C-1 zoning district, the intent of the
amendment and the surrounding zoning districts and advised that the Planning
& Zoning Commission recommended denial of the Rezone. Staff also recommends denial of the request
unless the BCC imposes conditions based upon public input and the Board’s
interpretation of the Comprehensive Plan.
He then reviewed the sensitive site design conditions.
Upon
inquiry by Commissioner Carey, Mr. Walker advised the development orders
(D.O.s) were adopted on December 14, 1999 for the Nancy Rossman
PD and on March 23, 2004 for the Dunwoody Plaza. Commissioner Carey confirmed that both D.O.s
restricted the same use that is being requested today.
Commissioner
Horan confirmed the Future Land Use is High Intensity Planned Development -
Target Industry (HIP-TI). Mr. Walker
explained that the staff report is saying that it could be considered as
compatible transitional neighborhood use if certain zoning conditions are
applied.
Commissioner
Carey confirmed that automotive uses like this require C-2 zoning and are not
considered neighborhood commercial.
Damon
Chase, applicant, addressed the Board to display a presentation (received and
filed). The first map showed the subject
property and surrounding area. He
pointed out the area that Tom Freeman and Bob Hattaway have owned since about
1970 and the Terracina PD; the Dunwoody Plaza was not part of that
development. He continued with the
history of the parcel where Terracina and the subject property are located.
Mr. Chase
explained that the lot he owns is a difficult lot to do anything with; there is
no parking. He displayed a rough site
plan and listed commercial uses as furniture store, employment agency,
restaurants (not drive-in), veterinary clinics, and communications towers,
which all require employee parking as well as patron parking. He displayed a list of Special Exceptions and
added that one exception under Section 30.743(b)(2) of the Code is gasoline
pumps as an accessory use. He said he
would not put in gasoline pumps, but it is not far-fetched that an auto service
could fit there and it is the only thing that will work.
Mr. Chase
advised he would like to put an Express Oil and Service Center on the
parcel. He said the customers stay in
their cars and the cars that are worked on stay inside the building. He added they agree with all the conditions
staff enumerated that would be necessary if the Board were to find that this is
a good transitional use, and that every one of those conditions is less than
what the franchise agreement requires of the franchisees, and he then detailed
some of those conditions. He displayed
and detailed the characteristics of Express Oil speaking to traffic, hours,
architecture and landscaping, noise, employees, and its success rate. He further described the wall that would be
built and where the buildings would be situated.
Mr. Chase
advised that when they spoke with the neighbors, their concerns included
traffic, noise, property values, compatibility, and that there is no need for
it. He then addressed some of those
issues. He submitted a letter (received
and filed) from R. Sans Lassiter, P.E. with Lassiter Transportation Group, Inc.
regarding their professional opinion for the proposed PD amendment and its
impact on in-bound traffic to Terracina Drive.
He then discussed their conclusions and submitted Mr. Lassiter’s résumé
for the record.
Mr. Chase
played a video (received and filed) showing the quietness of the tools used by
Express Auto, which are part of the franchise agreement. He discussed the argument that the facility
would ruin property values for the townhomes and presented an analysis by the
Seminole County Property Appraiser of a similar project, Pep Boys, which is
located next to neighborhoods. He said
the permits for that facility were pulled between August 2013 and January 2014. Property sold in those neighborhoods for the
two years prior to the Pep Boys going in and subsequent to it, taking out
foreclosures and stress sales to get actual values, raised in price from an
average of $75.06 per square foot to $91.25 per square foot.
Mr.
McMenemy left the meeting at this time.
Mr. Chase
addressed another argument by the neighbors who stated an auto service facility
is totally incompatible with the surrounding area, but he said they then
presented a map showing many similar car service businesses all around the
area.
Mr. Chase
advised that Express Oil is a reputable company, they have been around for
decades, are highly successful, and they have assessed the market for this
particular project and believe that they can make it work.
Mr. Chase
said there was concern about the aesthetics of the facility. He advised the purchaser and representatives
from Express Oil are in attendance. He
pointed out the privacy wall around the Terracina development and the open area
on the eastern side of the property. He
explained a wall would be built identical to the wall surrounding the
development and displayed photos. He
added that the landscaping would match and have Italian cypress trees, and even
the roof would match, displaying a picture of the nearby credit union, so he
said aesthetically, the structure would exactly match what is already there.
Mr. Chase
advised that Starbucks looked at the location but felt it was on the wrong side
of the street and that there would be no room for parking.
Mr. Chase
submitted into the record literature (received and filed) from Express Oil in
regard to the company.
Mr. Chase
stated the County Attorney and staff confirmed that the County’s legal position
is that this is HIP-TI, and therefore the arguments raised by Planning &
Zoning are inapplicable. He stated this
is a quasi-judicial hearing and the Board has discretion, and he believes he
presented substantial competent evidence.
He also stated that they have demonstrated that it is a good transition
and good for the community. He added
they would not do anything to disturb the value of the other parcels located
there that they still own. He said that
it should be noted that they were denied unanimously at the P&Z meeting,
but that was at the second meeting. At
the first P&Z meeting, the motion to deny died for lack of a second. It was then continued to work out the
conditions that staff had enumerated.
Commissioner
Carey said it was stated that the access to Dunwoody Plaza and the entrance to
Terracina were donated by the Hattaways, and she
wanted to point out that they were conditions of the development order because
obviously, they had to give access to the property that they were
developing. Mr. Chase agreed but
explained that it helped contribute to the inequity of that particular lot.
Mr.
McMenemy returned to the meeting at this time.
Commissioner
Horan stated that Mr. Chase has the burden to prove that this major amendment
is a use that is allowed as a neighborhood commercial use that would be
compatible as a transitional use as is defined in the Code. Mr. Chase explained that it is used all over
the county in the same way and that the BCC has discretion to amend anything
that happened at a prior Board.
Commissioner Horan agreed and that the basis on which the Board would do
that is whether or not under the Code, which is Mr. Chase’s legal burden, that
this is a compatible neighborhood use within the transitional area. He knows it is used in other areas; and asked
what is unique about this site. He
stated that obviously when they were designating the C-1 zoning and identifying
uses within that zoning, they specifically identified this use as a use that
would not be allowed. Mr. Chase
explained that they disallowed convenience stores and self-service laundromats and that his use wasn’t even contemplated. Commissioner Horan said he understands then
that they didn’t specifically exclude it because C-1 zoning does not allow this
use. Upon inquiry by Commissioner Horan,
Mr. Chase stated that the transitional area is the subject property. He said it is a neighborhood that bought
behind commercial property on SR 46 at I-4 that is within a couple of blocks of
two major service facilities. He added
that these facilities are customarily in front of residential areas and are
used as transitional pieces of property.
Commissioner
Carey said that this parcel is part of a Planned Unit Development (PUD) that
came together and the conditions that were placed on the entire parcel were as
a result of a negotiated settlement with the surrounding owners. She added that this lot is internal to the
PUD and the facilities in the surrounding areas are all on C-2 and C-3 zoned
property, because that is what is required in this county to have an automotive
use.
Chairman
Dallari questioned if this would be a destination facility or for neighborhood
use. Mr. Chase responded that this would
be specifically neighborhood use and that the materials he submitted state that
it is their business model; they affix themselves near residential areas.
Commissioner
Horan discussed neighborhood commercial zoning uses and excluded uses and the
Code’s definition of transitional uses.
David Theriaque, Esq., on behalf of the Terracina at Lake Forest
HOA and Lake Forest Master Community Association, addressed the Board to state
that from a matter of law, he believes the applicant has not met the burden;
this is not a neighborhood commercial use.
He stated when a use is changed in this category; it requires a
Comprehensive Plan Amendment. He added
that the only way that this project could be construed to be allowed is if it
was somehow a neighborhood commercial use that transitions. He said another key point is that they heard
that this particular user is the best out there, but the Board cannot specify
an end user when granting an approval.
Mr. Theriaque submitted documents (received
and filed) into the record on behalf of the associations that he is
representing. He advised that Item #10
is a report from Laura Dedenbach who is an AICP.
Laura Dedenbach, on behalf of the Terracina at Lake Forest HOA
and Lake Forest Master Community Association, addressed the Board and displayed
a PowerPoint presentation that was included in the documents submitted by Mr. Theriaque. She
displayed and listed her qualifications and the Rezoning Standards under
Florida Law. She reviewed the history of
the Terracina PUD Major Amendment & Rezone and the Standards of Review
Criteria. She then reviewed Plan
Consistency stating that the proposed auto repair facility is inconsistent with
the Comprehensive Plan, and said it has a lot of language about protecting
neighborhoods from incompatible uses.
She displayed Land Development Code Consistency and said the facility is
inconsistent with the Land Development Code.
She displayed and discussed the surrounding Lake Forest PUD, Nancy Rossman PUD, NW Oregon PUD and Character of the Area. She pointed out the subject parcel and stated
that when talking about transitional uses, the transition is supposed to occur
from most intense to least intense, so transitional use is the use that
transitions from high intensity to low intensity. She added that this particular parcel is not
a transitional use because they are creating an island of intensity within a
sea of less intense uses.
Commissioner
Carey noted for the record that the Rossman PUD slide
shows the parcel on the left and it should be shown in the southeast corner.
Ms. Dedenbach reviewed the uses for C-1, C-2 and C-3
zoning. She then displayed and discussed
three photos further showing the character of the area. She concluded stating her recommendation is
to support staff’s and P&Z’s recommendation to deny the application.
Upon
Commissioner Henley’s request, Ms. Dedenbach stated
that spot zoning is when there is a sea of consistent zoning, in this case C-1
zoning, and then putting that C-2 or C-3 right in the middle of C-1 and
intensifying that spot.
Commissioner
Carey stated it is her understanding that they already have all the
rights-of-way for the widening of SR 46.
Upon Chairman Dallari’s request,
Brett Blackadar, County Engineer, addressed the Board to advise the
improvements to SR 46 will be a design/build at the end of 2018. He displayed a preliminary drawing (received
and filed). He said it is hard to tell
at this point if they are going to use part of the median and how much they are
going to widen it. He added that for the
worst case scenario, if they widened it by another lane, they would come 12
feet closer to the building, but there is existing right-of-way.
Mr. Theriaque
stated that as a matter of law, the way the Code is set up, they submit that
this use cannot be deemed as neighborhood use, and this particular use at this
particular location would not be compatible with the surrounding residential
uses. He added that Seminole County has
very strong language in the Comprehensive Plan and the Land Development Code
requiring the protection of neighborhoods.
Upon inquiry by Commissioner Horan,
Mr. Blackadar stated that Mr. Chase advised that Terracina Drive, north from
the gated entrance to SR 46, is a private road.
Commissioner Carey stated that the commercial properties are all part of
the association that maintains those roads.
Jean Conner, 441 Livorno Way,
addressed the Board to give a recap of the P&Z Commissions’ comments when
they had their meeting on May 7. She
said any change that is considered should conform to the goals of the Future
Land Use document. She added that at the
P&Z meeting, there were many residents that spoke out against the change in
the land use and none that were for it, and more than 45 residents filled out
comment forms against the change.
Jane Patton, 5510 Siracusa Lane, addressed the Board to state this would
affect over 2,000 residents of the Heathrow corridor. She opined that this is a full-service auto
facility and people will get out of their cars.
She wondered what happened to the ice cream parlor that Mr. Chase
mentioned in the prior meetings that was a second contender for the space.
Chantal Roy, 5632 Sircusa Lane, addressed the Board and displayed photos
(received and filed) depicting Dunwoody Plaza, Ace Hardware, the Fifth Third
Bank with the townhomes shown behind it, and the first home that would be
directly behind the auto facility. She
said it is approximately 65 feet from the back of the proposed facility. She then displayed a photo of an actual
Express Oil Change sign placard and a map of all the auto repair facilities
that are east of I-4.
Jerry Bogan,
5579 Siracusa Lane, addressed the Board and displayed
an aerial photo (received and filed) of the area to discuss the applicant’s
assertion that there will be minimum traffic impact to residents. He stated that the HOA at both P&Z
meetings said the volume of 35 vehicles through the auto facility on a daily
basis is understated. He then displayed
and discussed a second aerial photo (received and filed) depicting different
traffic paths around the proposed facility.
He added that the Terracina HOA is responsible for maintaining the
island at the entrance and landscape has been damaged by large trucks unable to
make the necessary U-turn around the island.
Ramona Mancuso, 5587 Siracusa Lane, addressed the Board to state she is not
opposed to something on the lot that is zoned C-1, however, she is opposed to a
full-service auto center. She advised
they advertise that they are full service on their website and that they
pick-up and deliver fleet vehicles. She
further advised that some local Express Oil facilities have Groupons
(copies received and filed) that they run regularly and gave examples where
over 470 bought and 1,000 were purchased.
Russie Weidl, 1338 Tadsworth Terrace,
addressed the Board and stated she has been a realtor for 16 years in the area
and she sold several townhouses in Terracina.
She said she mentioned all the conveniences of living in that area
including the mall and the close proximity to SR 46 and SR 417, but never
thought to mention the many auto facilities in the area because she did feel it
was a convenience to the residents of Terracina. She opined that Terracina is an upscale
community with a lot of character. She
added that she had already received a phone call from a Terracina resident
wanting to sell his townhome due to the possibility that an auto service center
might be built at this location because he felt it could change the entire
area.
William Marcum, 273 Terracina
Drive, addressed the Board to state that in the five years that the
neighborhood has been developed, 217 units have been sold, all based on the C-1
zoning for the property. In regard to
the service comments, he told a story about not deserving that type of service.
Mayme Clickenbeard, 296 Terracina Drive,
addressed the Board to discuss the character of the neighborhood, the
compatibility of any change and the conformity of the Seminole County
plan. She added that they did their due
diligence before buying their homes and chose Seminole County because they were
not changing their zoning right and left or allowing zero lot lines and a lot
of sprawl. She asked the applicant to
have patience because as the economy continues to recover, there will be other
opportunities.
Chairman Dallari recessed the meeting
at 3:05 p.m., reconvening at 3:15 p.m.
Robert Carey, 5051 Fiorella Lane, addressed the Board to state he moved to
Terracina in July to downsize from a large house and lot. He said he loves the great diversity of the
neighbors. He said this issue has ignited
passion and united the community. He
opined that there are about 2,000 voters in Lake Forest and Terracina and they
will speak loud and clear at the next county commission election. He advised he saw a semi-truck trying to make
the right turn onto the dedicated road after entering from SR 46. The truck was unable to make the turn and
drove about five feet onto the median and five feet onto the Walgreens
property, and he believes they will have semi-trucks delivering tires.
A Public Comment Form from Amanda
Young was received and filed; however, she did not speak.
Peter Yates, Titan Group Realty on
behalf of Ms. Adams, addressed the Board and pointed out the property that she
owns in Terracina, which is about 65 to 70 feet from the subject property. He advised she is trying to sell and
prospective buyers and other realtors all ask what is being proposed at this
site. He wondered how tall the building
will be because Ms. Adams only has a six-foot wall off her porch. He also expressed Ms. Adams’ concern over the
traffic congestion.
Rita Masi,
5382 Via Appia Way, addressed the Board to say she is
a widow of two years and has lost what she and her husband both built due to
medical bills and the economy. She is
new to Seminole County and moved here with the hope of taking her savings and
investing in a home that would hopefully increase in value or at least hold its
value. This home is all she has left and
when she purchased it, she thought only a C-1 type of commercial business would
be allowed to be built on the property in front of the development which would
add value to the neighborhood and the area.
She believes that changing the zoning would significantly impact current
homeowners in their daily lives and in the value of their homes. She feels the subject property was not
properly planned for and no business will survive no matter the economy with a
$9.99 oil change service. She believes a
small boutique or ice cream shop would fit the parking and there is shared
parking next door at the Dunwoody Plaza.
No one
else spoke in support or in opposition.
Speaker and
Written Request Forms were received and filed.
Mr. Chase
gave his rebuttal and discussed the following:
C-2 zoning on the other side of Dunwoody; auto service facilities on
both sides of I-4; transitional Land Use as stated in the Comprehensive Plan;
the agreement of conditions laid out by staff in the agenda memorandum; and the
legal compatibility and FLU policy stating that infill of less than one acre on
a commercial corridor is a compatible use, and he said SR 46 is a commercial
corridor and the parcel is less than one acre.
He refuted the statement made by a resident that there would be 40 trips
per day, per bay, saying that would be impossible. In addition, it does not cost $9.99 for an
oil change; Express Oil is upscale and they charge higher prices because they
provide better service.
Upon
inquiry by Chairman Dallari, Mr. Chase advised that Express Oil does provide
full service but that their “bread and butter” is the oil change. He added that no vehicles are allowed outside
while work is being performed or overnight.
Upon
Chairman Dallari’s request, Mr. Chase stated that building height is restricted
by the PD. Also, he advised that it
would be a one-story building and that Ace Hardware is at maximum height right
now.
Upon
inquiry by Commissioner Constantine regarding the height of the building, Mr.
Chase stated the prototype is 31 feet and they can do 28 feet. The PD restriction is 35 feet.
Commissioner
Horan questioned whether the burden is to prove whether this is a neighborhood
use within a transitional area or an in-fill on a commercial corridor of less
than one acre. He further questioned if
that existed within a PD, to which Mr. Chase advised that it did because this
is HIP-TI.
Tina
Williamson, Development Services Assistant Director, addressed the Board to
advise that Mr. Chase is referring to Policy FLU 5.8 in the Comprehensive Plan,
which is the north I-4 corridor HIP-TI permitted uses and location
standards. She stated the policy does
not speak to the compatibility of the various uses; it just talks about where
commercial could be permitted.
Upon
inquiry by Commissioner Carey, Ms. Williamson said that in the HIP-TI land-use
designation, the main use of the property is supposed to be a target
industry. This speaks to when a
free-standing commercial development may be appropriate in certain areas, on a
single piece of property or part of a PD, but it doesn’t speak to the
compatibility of it, just that commercial may be permitted free-standing,
separate from a target industry.
Commissioner Carey stated that when they approved Terracina, they were
told that what they approved was not appropriate to be approved in the HIP-TI
area. Upon further inquiry, Ms.
Williamson stated that what is there now is allowable in the HIP-TI land-use
designation; the residential components and the retail commercial components
are considered accessory uses. She said
they are supportive of the larger HIP-TI designated area along International
Parkway as a whole. Commissioner Carey
stated that this scenario was really approved because it was an accessory use
to the main use which was the multi-family.
Commissioner
Carey stated that this is in her district and she has always supported property
rights. Also, anyone has a right to
request a change in the use of their property.
She detailed the planning and zoning discussions they had in 2005 when
Terracina was approved. She said she
believes that many of the residents did their due diligence and have reason to
believe that they could trust this commission to not make a significant change
to the PD that would change the entrance to their subdivision. She said the intersection of International
Parkway and SR 46 is the north entrance to one of their highest-end commercial
development cores; it is where their Class-A office parks, mixed-use
developments, and high-end hotels are located.
She added that 10-15 years ago, it looked totally different, but that
International Parkway was always intended to be the core for Seminole County’s
high-wage paying jobs, which is why it is HIP-TI. Regarding the comments about the close
proximity of the two auto dealerships, she said they were there long before
these developments were ever considered and they are adjacent to the
interstate. She added that auto service
at dealerships is ancillary to selling automobiles. She stated this project is incompatible with
the surrounding area and inconsistent with the approved development order and
she recommends denial of the request.
Motion
by Commissioner Carey to deny
request to approve a Major Amendment to the SR 46/Lake Forest PD (Planned Development);
adoption of an Ordinance enacting the associated Rezone from (PD) Planned
Development to (PD) Planned Development; and the associated Addendum to the
Development Order for 0.711 acres, located on the north side of SR 46 and east
of Terracina Drive, based on staff findings and testimony given; as described
in the proof of publication, Damon and Melanie Chase.
Commissioner Carey submitted ex parte
communications (received and filed) from area residents opposing the request.
Chairman Dallari called for a second to the
motion two times, without response, whereupon the motion died for lack of same.
Chairman Dallari submitted ex parte
communications (received and filed) into the record as well as a technical memo
(received and filed) received from Damon Chase’s office. He added that he had conversations with Mr.
Chase via telephone and several conversations from residents of Terracina over
the last month or so.
Chairman Dallari stated he feels the
automobile service is compatible if the improvements and conditions are added,
i.e. the brick wall and landscaping, and that it is somewhat of a neighborhood
use.
Commissioner Horan advised he had ex parte
communications with Mr. Chase and Mr. Morris as well as discussions with
representatives of the Terracina community.
He stated he would like to have more discussion on the neighborhood use
and the most recent disclosure with regard to whether FLU 5.8 provides another
legal basis to this. He stated the
burden of the applicant is to show that this is a neighborhood use that is
compatible within the transitional area as those particular terms are defined
under the Comprehensive Plan.
Bryant Applegate, County Attorney, advised
that the Board’s determination is whether this is a use that is compatible to
the surrounding area and this can be a compatible use, but that decision rests
with the BCC.
Commissioner
Horan stated that the applicant met its burden because of the evidence that the
business would be relying on the neighborhood to support the business, which
meets the burden of going forward.
However, he is not sure the weight of that evidence “carries the day”
because when looking at neighborhood uses, under the definition, they are
something that is used on a regular daily basis. He said he does not believe that the weight
of the evidence produced indicates that this rezone would serve a public
purpose and his consideration would be to deny the application.
Commissioner
Henley disclosed he had ex parte meetings with Mr. Freeman, Mr. Chase and with
citizens of the community. Commissioner
Constantine also reported his ex parte communications, emails and meetings with
some of the residents, Mr. Chase and others.
Motion
by Commissioner Carey, seconded by Commissioner Horan, to deny request for approval of a Major Amendment to the SR 46/Lake
Forest PD (Planned Development); an Ordinance enacting the associated Rezone
from (PD) Planned Development to (PD) Planned Development; and the associated
Addendum to the Development Order for 0.711 acres, located on the north side of
SR 46 and east of Terracina Drive, based on staff findings and testimony given
and conclusions enumerated herein; as described in the proof of publication, Damon
and Melanie Chase, and approval of the Denial Development Order, as shown on
page _______.
Under
discussion, Chairman Dallari opined that oil change facilities would be
considered neighborhood use and he asked Commissioner Horan to elaborate on
that. Commissioner Horan explained that
neighborhood use is not a term that is subject to interpretation; it is a term
that is defined in the Comprehensive Plan.
He reviewed the allowable and excluded uses. Chairman Dallari said that oil change service
facilities are not considered a destination; people do not drive from the other
side of the county to get their oil changed.
The same people that go to laundromats or dry
cleaners are the people in the surrounding neighborhoods. Commissioner Horan agreed but said he thinks
the standard is intended to serve the daily retail and service needs of the
immediate area. He said he finds it
difficult to describe the oil change service use as a daily use because in the
surrounding PD’s, that use is specifically excluded.
Commissioner
Carey opined that the BCC does not plan properties for others; the applicants
planned this out the way they thought it best suited them and that is the
application that was brought before the commission. In the negotiation of doing this particular
planned development, they were willing to restrict convenience markets and
self-serve laundries because they didn’t think that those were appropriate on
these sites.
Districts
2, 4 and 5 voted AYE.
Commissioners
Dallari and Constantine voted NAY.
Mr.
McMenemy left the meeting at this time.
BOA APPEAL/Skyway Drive/
Hein Thi
Tran
Proof of publication, as shown on page
________, calling for a public hearing to consider request to Appeal the Board
of Adjustment’s decision to approve a Special Exception for the placement of a
manufactured home in the A-1 (Agriculture) zoning district for property located
on the west side of Skyway Drive, approximately 3,200 feet south of Lake Mary Boulevard,
and particularly known as 2850 Skyway Drive, Hein Thi
Tran, received and filed.
Bill
Wharton, Development Services, addressed the Board to present the request. He stated the Board of Adjustment approved
the Special Exception with conditions as outlined in the agenda memorandum.
Commissioner
Carey stated that as she understands it, the applicant got what they were
looking for and that was to replace the manufactured home. She said that what is in question now is they
want to be able to keep the other one, because the condition was that it be
removed.
Commissioner
Henley advised there was a statement in the agenda memorandum that the approval
from the BOA required a new mobile home.
Mr. Wharton stated that was part of the condition of their approval,
which is why the applicant is appealing their decision. The applicant received approval for a mobile
home on the lot, but they want to purchase a used mobile home and they would
like to keep the existing mobile home on the site to use it as a shed and
workshop.
Commissioner
Carey stated the Board of Adjustment approved a new mobile home on the site but
the other one would need to be removed within 30 days.
Mr.
Wharton confirmed that the BOA’s discussion was for a “new” mobile home, not
just a replacement.
Upon
Commissioner Constantine’s request, Mr. Wharton explained that the applicant
indicated that the mobile home currently on the site is inhabitable and that
part of staff’s recommendation regarding the existing mobile home is to remove
the kitchen aspect of it to ensure that it would not be used as a habitable
structure. The applicant wants to use it
for storage.
Mr.
Wharton advised that he received an email from the neighbor immediately to the
north. The neighbor did not object to a
mobile home being placed on the site, but was concerned because the lot floods
with regular rain and they have had some issues with some of the neighbors in
that area.
Susie
Tran, applicant, addressed the Board to state she is the owner of the lot.
Upon
inquiry by Commissioner Carey, Ms. Tran advised she would like to put a used
mobile home on the lot instead of a new one.
Ms. Tran stated she would also like to keep the old, existing mobile
home for a workshop and storage. She
added that since the land floods easily, she was hoping to be able to dig some
type of retention pond. Commissioner
Carey explained that it is a totally different issue, a site-plan process that
she would have to go through.
Barbara Buresh, 3381 Eaglewoods Trail,
addressed the Board to state that the subject property is just across Skyway
Drive. She advised she is representing
herself and her husband as well as Vivian and Neil Enfinger,
who are the people to the north that wrote the email to the Planner.
Ms. Buresh stated they are not against mobile or manufactured
homes as there are a number of well-built and well-maintained ones in their
neighborhood. It is a small neighborhood
with larger acreage properties in a very tucked away location. They are mostly concerned with the appearance
of the neighborhood and the safety of the residents. They have a many-year, ongoing history of one
particular property at the far west end of Eaglewoods
Trail and the property is owned by an absentee landlord; it has multiple
run-down and poorly maintained trailers.
They are rented out to individuals who have caused problems in the
neighborhood including and resulting in numerous calls to the Sheriff, the Fire
Department, and Code Control.
Mr.
McMenemy returned to the meeting at this time.
Ms. Buresh advised that the current structure on the property
is basically rubble. It has been
uninhabited and left to rot for the last 12 years; the person that lived there
died in September of 2002. During that
period, it has been underwater twice, in 2004 and 2008. They consider it to be a safety and a health
hazard. Their request is that the
structure be completely removed from the property. They have no objection to them placing a
mobile home there, but request that it be a new mobile home, not some old
mobile home that could end up with renters equivalent to the ones they have
been battling for years.
Steve Coover, 3391 Eaglewoods Trail,
addressed the Board and stated that he has lived across from the subject
property for 25 years. He said he has
bush-hogged it; it does flood as reported.
He is here to support the neighbors that live on the west end of Eaglewoods Trail.
They have been battling the renters and absentee owner who doesn’t
really follow the rules. He made a
motion at the BOA hearing to require a new mobile home when he heard discussion
about sub-dividing the property and putting more than one mobile home there and
leaving an uninhabitable piece of metal on the property. He said he is concerned if there is no “skin
in the game,” they won’t really take care of it. They are just trying to get something there
that they all can live with. He added
that if the BCC feels his request was a little too restrictive by requiring a
new mobile home, they could adjust that, but they want something there that
will be decent and nice.
Donald C. Buresh, Jr., 3381 Eaglewoods
Trail, addressed the Board to state that he is an engineer by training and the
unit on the property is not even fit for animals. It is a rotted out hulk and it is not
suitable for storing material. It is
full of broken windows, the door is flapping around, and it needs to go. He added they are not so adamant that they
require a new trailer, but one that is not more than five years old. When the hurricanes came, the property was
totally underwater.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Commissioner
Henley stated that this property is a seven-acre site and the owner stated in
the minutes that the existing trailer is not suitable to live in; she simply
wants to use it as a shed. He added that
he cannot support requiring a new mobile home because everyone in this economy
cannot afford a new mobile home; some can cost as much as a single-family
structure. He said he believes that a
used one should be allowed. Chairman
Dallari agreed.
Commissioner
Carey stated that prior to the redistricting, that property was in her
district. She said there have been a lot
of issues in that area, particularly on the west end. She added that a lot of the land is very low
and in the flood plain. She said she
thinks that staff needs to get with the applicant to ensure that they
understand that digging a lake, etc. is not something they can just go out
there and do, and inform them of the process for that. She agrees that requiring a new mobile home
is probably not reasonable, but certainly one that is less than five years old
would be. She advised that three or four
people died there during the tornadoes and the structures have never been dealt
with or torn down. She added they have
had squatters in the abandoned trailers.
She opined she would like to see the motion come with the amendment to
have a five-year-old or newer mobile home and that the old existing trailer be
removed.
Motion by Commissioner Horan, seconded
by Commissioner Carey, to uphold the Board of Adjustment decision to approve a
Special Exception for the placement of a manufactured home in the A-1
(Agriculture) zoning district, located on the west side of Skyway Drive, approximately
3,200 feet south of Lake Mary Boulevard, and particularly known as 2850 Skyway
Drive, with the revision of the condition to not require a new mobile home, but
that this mobile home shall otherwise conform to all applicable building codes
including standards for anchoring, utility accessibility and skirting, as
described in the proof of publication, Hein Thi Tran;
and approval of the Development Order, as shown on page ________.
Under
discussion, Commissioner Carey questioned whether the motion should include
that the mobile home be five years or newer.
Commissioner Horan stated that all of the conditions that were placed by
the Board of Adjustment are fine except for the fact that it be a new
manufactured home.
Commissioner
Carey withdrew her second to the motion. She explained she wanted to clarify
Commissioner Horan’s motion when she seconded the motion. Further discussion ensued.
Commissioner
Carey stated that this road was previously named Beardall Avenue and was
changed to Skyway Drive. She said it has
changed a lot and there are large homes there now on large tracts. She believes a mobile home placed there
should be five years old or newer, to which Chairman Dallari agreed.
Commissioner
Horan amended the motion to uphold
the decision of the Board of Adjustment except for the requirement and
condition that it be a new manufactured home, but that the manufactured home
must be no older than five years.
Commissioner
Constantine seconded the motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
COMPREHENSIVE PLAN
AMENDMENTS/
2014 Text
Amendment 1/Seminole County
Proof of publication, as shown on page
________, calling for a public hearing to consider adoption of an Ordinance
amending the text of the Introduction and Future Land Use Elements of the
Seminole County Comprehensive Plan; Amendment Number 2014.TXT01; Seminole
County, received and filed.
Sheryl
Stolzenberg, Development Services, addressed the Board to present the request
as outlined in the agenda memorandum.
She then detailed the proposed minor changes of the following
policies: FLU 4.3, FLU 5.5 and FLU 5.8.
Upon
inquiry by Commissioner Horan, Commissioner Carey advised that the changes
proposed are to clarify and make it more user-friendly.
No one spoke in support or in
opposition.
Motion by
Commissioner Carey, seconded by Commissioner Henley, to approve adoption of
Ordinance #2014-24, as shown on page _______, amending the text of the
Introduction and Future Land Use Elements of the Seminole County Comprehensive
Plan; Amendment Number 2014.TXT01; as described in the proof of publication,
Seminole County.
Districts 1, 2, 3, 4 and 5 voted
AYE.
COMPREHENSIVE PLAN
AMENDMENTS
2014 Text
Amendment 2/Seminole County
Proof of
publication, as shown on page _______, calling for a public hearing to consider
transmittal of proposed Amendments to the Text of the Introduction, Conservation,
Future Land Use, Implementation and Transportation Elements of the Seminole
County Comprehensive Plan; Amendment Number 2014.TXT02, Seminole County,
received and filed.
Ms.
Stolzenberg presented the request to transmit amendments to the text of the
Comprehensive Plan. She added the
majority of the recommended changes are to the Implementation element to
include changes in State Law with respect to how they amend the Comprehensive
Plan and the evaluation of the Comprehensive Plan to bring it up to compliance
with the law as it was amended in 2011.
Commissioner
Constantine stated that as he understands it, this says the calculation of
density would include utilities and easements; in the past they were not
included in the density. Ms. Stolzenberg
explained that they are trying to define “net buildable” differently for the
urban area versus the rural area.
Ms.
Guillet advised that currently the definition of net density lesses out roads and transmission line easements in
addition to wetlands, floodplains and water bodies. This proposed amendment removes the lessing-out of rights-of-way and transmission line
easements everywhere except within the rural area. It would still be lessed-out
before calculating density in the rural area.
Commissioner Carey confirmed that it would still include lakes, wetlands
and flood-prone areas as part of the calculation everywhere in the county.
No one
spoke in support or in opposition.
Motion by
Commissioner Carey, seconded by Commissioner Horan, to approve transmittal, to
the State and Regional Agencies for review and comment, of the proposed
Amendments to the Text of the Introduction, Conservation, Future Land Use,
Implementation and Transportation Elements of the Seminole County Comprehensive
Plan; Amendment Number 2014.TXT02, with staff findings, as described in the
proof of publication, Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
FORD AND PEARL
STREETS
RIGHTS-OF-WAY
VACATE/Mike Pinter
Proof of publication, as shown on page
_______, calling for a public hearing to consider adoption of a Resolution to vacate and
abandon approximately 50 x 150 feet of the public right-of-way known as Pearl
Street; and vacate and abandon approximately 50 x 150 feet of the public
right-of-way known as Ford Street; located approximately 360 feet south of East
Altamonte Drive and approximately 560 feet east of Brewer Street, Altamonte
Springs, Mike Pinter, received and filed.
Brian Walker presented the request as
outlined in the agenda memorandum. Staff
recommends approval of the request.
Rick Blecha,
Stillwater Technologies on behalf of the applicant, addressed the Board to
state they are trying to assemble the property the applicant owns on the west
side of Pearl Street, which is a dead-end right-of-way to the property he owns
on the east side, which would be split with the landowner to the north, to take
care of some encroachments on that property.
No one spoke in support
or in opposition.
Motion
by Commissioner Henley, seconded by Commissioner Horan, to adopt appropriate
Resolution #2014-R-133, as shown on page _______, vacating and
abandoning approximately 50 x 150 feet of the public right-of-way known as
Pearl Street; and vacate and abandon approximately 50 x 150 feet of the public
right-of-way known as Ford Street; located approximately 360 feet south of East
Altamonte Drive and approximately 560 feet east of Brewer Street, Altamonte
Springs, as described in the proof of publication, Mike Pinter.
Districts 1, 2, 3, 4
and 5 voted AYE.
LEGISLATIVE
UPDATE
Ms.
Guillet advised that Meloney Lung, Resource Management, had distributed a
written update. Chairman Dallari
requested that she remove the Legislative Update from the next agenda.
CHAIRMAN’S
REPORT
Chairman
Dallari stated that the Governor signed the legislation changing the Central
Florida Expressway Authority. He advised
that he sent an email (received and filed) earlier today addressed to the BCC,
the Expressway Authority, State Representatives, the State Senator and the
Governor appointing Commissioner Brenda Carey.
-------
Chairman
Dallari requested a Resolution of Appreciation for Mary Lou Andrews for her
service on the Citizens Committee for MetroPlan. Ms. Andrews has resigned her seat because she
is moving out of state.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to adopt appropriate Resolution #2014-R-134, as shown
on page _______, in appreciation for Ms. Andrews’ service on the Citizens
Committee of MetroPlan Orlando.
Districts 1, 2, 3, 4 and 5 voted
AYE.
Chairman Dallari advised he would
request an appointment for this vacancy at the next board meeting.
COMMUNICATIONS AND/OR REPORTS
The
following Communications and/or Reports were received and filed:
1.
Memorandum
with attachment dated May 27, 2014, from Ray Valdes, Seminole County Tax
Collector, to Chairman Robert Dallari RE: Requesting authority from the Board
to be the voting delegate of Seminole County at the NACo
Annual Conference.
2.
Copy of
letter dated June 10, 2014, from Chairman Robert Dallari to Pamela Nabors, CareerSource Central Florida, RE: Reappointment of Wendy
Brandon, Central Florida Regional Hospital, for another 3-year term to the CareerSource Central Florida Board of Directors.
3.
Copy of
letter dated June 10, 2014, from Chairman Robert Dallari to Pamela Nabors, CareerSource Central Florida, RE: Appointment of Nicole
Guillet, Acting County Manager, as the Economic Development representative.
4.
Copy of
letter dated June 10, 2014, from Chairman Robert Dallari
to Pam Bondi, Office of the Attorney General, RE:
Crime Stoppers Trust Fund.
5.
Letter
of support dated June 12, 2014, from Chairman Robert Dallari RE: Endorsing the
Central Florida Zoo and Botanical Gardens’ application to the Florida Division
of Cultural Affairs Facilities Grant to fund construction of a new Guest
Services Building.
6.
Letter
dated June 13, 2014, from Dr. Tom O’Neal, University of Central Florida (UCF),
to Chairman Robert Dallari RE: Letter of appreciation for the partnership
between Seminole County and UCF to support entrepreneurship.
7.
Letter
with attachment dated June 13, 2014, from Congressman John Mica, U.S. House of
Representatives, to Chairman Robert Dallari RE: Update on briefing concerning
the lack of response to his request for the V.A. to be prepared for the
transition to the new facility in Lake Nona while maintaining the Baldwin Park
facility.
8.
Letter
with attachment dated June 13, 2014, from Sean Snaith, University of Central
Florida, to Chairman Robert Dallari RE: University of Central Florida’s
Institute of Economic Competitiveness’ quarterly economic forecast.
9.
Memorandum
with attachment dated June 13, 2014, Congressman John Mica, U.S. House of
Representatives, to Chairman Robert Dallari RE: Ensuring SunRail Phase II moves
forward.
10.
Notice
of Public Hearing received June 16, 2014, from the City of Lake Mary RE: To
consider a Minor Site Plan for property located at 1692 W. Lake Mary Boulevard.
11.
DVD
received June 16, 2014, from National Aeronautics and Space Administration
(NASA) to Chairman Robert Dallari RE: NASA, John F. Kennedy Space Center,
Fiscal Year 2013 Annual Report.
DISTRICT
COMMISSIONERS/COMMITTEE REPORTS
Commissioner
Horan advised that he circulated to the BCC information (not received and
filed) that was distributed at the Public Schools Facilities Planning Advisory
Board meeting recently. He said it sets
out the Capital Improvement Plan for the School Board. He stated that they will have a completed
interlocal agreement next month concerning facilities planning consistent with
the Statute.
-------
Commissioner
Constantine reported that he attended the Workforce Investment Consortium
meeting on June 20th. He also
attended the Florida Association of Counties (FAC) conference. Further, he and Commissioner Henley attended
the Rolling Hills neighborhood meeting on June 13th to discuss the
golf course situation. He stated they
had a meeting of the Wekiva Commission on June 12th.
-------
Commissioner
Henley stated the meeting at Rolling Hills was standing room only. He received a call today that there will be a
closing on the sale of the golf course on Monday. They want to put 143 single-family homes
there.
-------
Commissioner
Carey stated that she also attended the FAC Conference. She said she has been the Board of Directors’
representative on FAC for many years and they retained the seat this year;
however, the new representative is Commissioner Horan who was unanimously
elected. She advised we only have the
option for one seat and was glad that Seminole County was able to retain it.
-------
Commissioner
Carey reported that she sat in on a seminar at FAC entitled “Avoiding the Top
Twenty Employment Litigation Landmines.”
She gave a copy of the presentation to the County Attorney and said she
believes that the County’s policies probably need to be updated due to changes
in technology. She added that all of the
presentations from the FAC Conference are available online and that the agenda
is available in her office for anyone that wants to see what is available.
-------
Commissioner
Carey stated because the FAC Conference conflicted with the Seminole County
Port Authority Board meeting on June 18th, where she is the BCC’s
representative, she had asked Nicole Guillet to attend. She said the BCC directed the Chairman to send
a letter at the last meeting. The letter
was sent but not received. Therefore,
Ms. Guillet attended to express their concern about the recommended 5% increase
in the salaries. Their budget now
includes a 3% salary increase recommendation which is more in keeping with what
others are doing.
-------
Commissioner
Carey reiterated that there was a Wekiva Basin Commission meeting on June
12. She said that UCF is going to be
receiving money from the “Bears” movie profits which will be used to fund bear
research. The money currently is tabbed
for tracking collars equipped with cameras.
-------
Commissioner
Carey stated that Florida Fish & Game received $745,000 from the
Legislature for a human/wildlife conflict study. The funds will provide an additional five
employees to deal with the human/wildlife conflict. They also plan to do a new bear study as the
last one was done 10 to 12 years ago; it is a statewide count and there are
approximately 3,000 bears in the State.
A representative on the Board, Charles Lee, suggested they look at
mandatory bear-proof garbage cans when the hauler contracts come up again for
renegotiation in the areas around large conservation tracts. She said they would consider that; they were
going to see how the voluntary program went.
She added that the Wingfield Homeowners Association, where the first
bear encounter happened, also has adopted new covenants and restrictions that
make it mandatory to have bear-proof garbage cans in their neighborhood. It will become part of their dues and they
have also imposed fines. Florida Fish
& Game will be using that document, without the fines, to prepare a
bear-safe community standard; they do not currently have a written document on
that.
-------
Commissioner
Carey advised that she had a meeting with the Florida Wildlife Commission
personnel and the Zoo staff as well as Deputy County Manager Joe Forte to
discuss and begin a process to implement a Bear Exhibit at the Central Florida
Zoo. This would not only be an
educational process but they would work with Florida Fish & Game to have
holding pens in the back of the house so that when they trap a bear, they have
a place to take it to.
-------
Commissioner
Carey reported on the Fourth of July activities including Star Spangled Sanford
on the Riverwalk, July 4th from 5:00 p.m. until 10:00 p.m. with
fireworks; Red Hot & Boom at Cranes Roost Park in Altamonte Springs on July
3 from 10:00 a.m. until 11:00 p.m. with fireworks at approximately 9:30 p.m.;
and Celebration of Freedom at Central Winds Park in Winter Springs on July 4
from 5:00 p.m. until 9:30 p.m. with fireworks.
-------
Commissioner
Horan advised regarding the FAC that they are very well positioned for the next
legislative session to have a lot of effect on very important bills. In addition to being on the Board of Directors
to replace Commissioner Carey, he advised he is also moving up to co-chair of
the Finance Tax Administration Committee which will be reviewing bills
regarding the FRS and also the DJJ. He
added that Commissioner Constantine moves up to be co-chair of the Growth
Management and Agricultural Environment Committee out of which will be vetted
the Springs Bills and other environmental bills.
-------
Commissioner
Constantine stated that he talked with Waste Management, Waste Pro, etc. at the
FAC Conference concerning the bear-resistant containers and they all said that
there would be minimal if any impact on the costs if the County did that in a
certain area. He said he reported that
to the County Manager so she could potentially act on it. Commissioner Carey advised the actual cost is
$5.00 per month per household; the initial cost is $180 for the container.
-------
Chairman
Dallari congratulated everyone that either moved up or represents Seminole
County on the FAC and said he hopes they can help to reduce the unfunded
mandates.
-------
Commissioner
Carey congratulated Commissioner Dallari on the presentation of the success of
the sales tax to the FAC and that he and Ms. Guillet both represented Seminole
County very well. She said a number of
counties are looking at sales tax and they are trying to learn by those that
have been successful.
-------
Commissioner
Horan advised that the County Attorney gave a tremendous presentation on ethics
for CLA credit to the rest of the county attorneys at the FAC meeting and he said
it was very well received.
COUNTY
MANAGER’S REPORT
Ms.
Guillet stated the Board members are aware that they have been working with the
City of Longwood and a private developer on a project at the Longwood SunRail
station. She said they still have some
details to work out before they bring it back to the Board for
consideration. She said they have a
couple of meetings in advance of the BCC’s meeting with the City of Longwood
and the City is seeking consent from the BCC, since they hold an interest in
the development rights on that site, for them to go ahead and consider those
items in advance of the County’s approval of any of the agreements or other
documents that will be associated with that.
Any consent would be, of course, subject to final County approval.
Chairman
Dallari requested that Ms. Guillet check the status of the First Response
Agreement because he heard the City of Longwood was holding up the entire
county. Ms. Guillet advised she is
meeting with the City Manager tomorrow.
Ms.
Guillet requested authorization to send the City of Longwood a letter saying
they do not object to them considering those agreements prior to consideration
by the BCC. The Board voiced no objections.
-------
Ms. Guillet reported they have an
update from the work session earlier today.
Joe Abel,
Leisure Services Director, advised they heard back from the Sports Commission
and Hill Carrow, SPI Consulting, advising that there
would be no effect on the pro forma to go from 380- to 385-foot center fields;
however, a reduction from 315 feet could have an impact of over 9,000 room
nights and a potentially $2.8 million economic impact in year one.
Commissioner
Carey stated that the standard was just changed from 375 feet to 380 feet, so
she feels it would be better to do the 385-foot center now rather than have to
change it later. Upon inquiry by Ms.
Guillet, Mr. Abel advised it would cost just under $40,000 per field.
Upon
inquiry by Ms. Guillet, Commissioner Horan stated the BCC’s decision is
Alternate Option 3 with the 385-foot center fields. Ms. Guillet confirmed there was consensus of the Board.
-------
Ms.
Guillet announced the CRA work session scheduled for this afternoon will be
rescheduled.
COUNTY ATTORNEY’S
REPORT
Bryant
Applegate, County Attorney, stated that David Shields received the Annual
Writer’s Award from FAC for his article on gambling that was a cover story in
the BAR Journal.
Mr. Applegate thanked Chris
Anderson, the council on the Commission on Ethics (COE), for his participation
in the two-hour session.
Mr.
Applegate advised that he is in charge of next year’s COE Conference as the
president-elect and vice president of the Florida Association of County
Attorneys (FACA).
-------
There
being no further business to come before the Board, the Chairman declared the
meeting adjourned at 4:50 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
el/tp