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.
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.
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.
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:
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.
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.
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.
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:
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:
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.
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
COUNTY ATTORNEY’S BRIEFING
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.
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.
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 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.