BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 25, 2011
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, January 25, 2011, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Carlton Henley (District 4)
Commissioner Bob Dallari (District 1)
Commissioner John Horan (District 2)
Commissioner Dick Van Der Weide (District 3)
Clerk of Circuit Court Maryanne Morse
Acting County Manager Joe Forte
County Attorney Robert McMillan
Deputy Clerk Eva Roach
Minister John Pierce, Jr., New Tribes Mission, Sanford, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
Ken Jacobson, UP Systems, Inc., addressed the Board to briefly speak in support of the award for Item #2, Approve Term Contract for IFB-601029-10.
Jeff Brule, Computer Power Systems, addressed the Board to speak in opposition of Item #2 because he feels UP Systems did not meet the bid requirement for being authorized or trained on the equipment.
Robert Steele, 4090 Fay Blvd., addressed the Board to state he represents the Robert F. Steele Properties on Beardall Avenue and the tenants, and they are concerned with the closing of Beardall Avenue (Item #22) and the affect it is going to have on
fire and safety services. Once the road is closed, the only access for the residents will be from Lake Mary Blvd. Some of the tenants are concerned with the access in and out of their properties once it is boxed in. The other concern they have is if the airport is going to handle the emergency services and the amount of time that will be delayed for emergency services. Speaker Request Forms were received and filed.
COUNTY MANAGER’S CONSENT AGENDA
Acting County Manager Joe Forte addressed the Board to advise Item #25, Wekiva Island Super Bowl Party Special Event, was moved to the afternoon session after Wekiva Island Rezone (Item #31). He stated the Special Event item has now been withdrawn.
Commissioner Henley requested that Ray Hooper, Purchasing Manager, address the complaint that was addressed earlier regarding Item #2, Award IFB-601029-10.
Chairman Carey pulled Item #22, Approve reconstruction of Beardall Avenue, for discussion.
Upon inquiry by Chairman Carey, Mr. Forte advised Item #7 is a request to submit a grant application to the Dept. of Homeland Security, and as they go through the grant process, they will evaluate the need for the vehicle and equipment. He stated they will use in-house equipment if they can. He stated the staff position will be for a three-year period and will be eliminated after that. That staff person will transition the program over to in-house staff after the three-year period.
Chairman Carey stated she wanted those comments put on the record in light of the fact that the County has excess vehicles and they are trying to do away with desk-top printers.
Ray Hooper, Purchasing Manager, addressed the Board to discuss the issues of authorized representatives from OEMs for Item #2, Award IFB-601029-10. He advised the manufacturers of the UPS batteries do not authorize any third party to work on their equipment. The contractor would traditionally issue a purchase order to the OEMs if there are issues on Eaton, Powerware and Leeburt batteries, which are a majority of the County’s batteries.
Commissioner Horan stated he would like a separate vote for Item #2, Award IFB-601029-10. He expressed his primary concern with regard to the Review Committee’s recommendation of awarding the contract to the second low bidder, which is based in Seminole County, and the Purchasing and Contracts Division not agreeing with that recommendation. The Committee articulated that they were uncomfortable with the facilities of the number one bidder which listed the address to be no more than a residence. He added the problem he has with this is to award to what is basically an outsourcing type of bidder, and essentially taking the contract away from a Seminole County-based vendor that has a very good record in past performances, which is not wise. He stated he would recommend following the Review Committee’s recommendation by picking the Seminole County-based business, Computer Power Systems, which has a facility across the lake. He said his inclination is to award the contract to the second low bidder. The question he has is where do they go to get a part to maintain the County’s systems.
Mr. Hooper stated this is a preventive maintenance and the vendor can provide an answer.
Mr. Hooper explained for Chairman Carey what happens in the event of an emergency.
Upon inquiry by Commissioner Horan, Mr. Forte advised a residence does qualify as a business facility and that was not grounds to say that they are not qualified.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to Award IFB-601029-10/TLR, as shown on page ________, Term Contract for UPS Maintenance, Repairs, and Battery Replacement to UP Systems, Inc., St. Cloud, and authorize the Purchasing and Contracts Manager to execute the agreement, as presented by staff.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan voted NAY.
Motion by Commissioner Dallari, seconded by Commissioner Henley to authorize and approve the following:
County Manager’s Office
Purchasing & Contracts Division
1. Approve Termination, as shown on page _______, for Default IFB-600282-07/TLR – Term Contract for Tree Trimming and/or Removal and Stump Grinding, with Enviro Tree Service, Inc. of Winter Park, and authorize staff to issue final notice of termination.
3. Award RFP-601034-10/TLR, as shown on page _______, Seminole Softball Complex Concession Operations to P.T. Enterprises, Apopka, and authorize the Purchasing and Contracts Manager to execute the agreement.
4. Waive the Procurement Process and Approve SS-601071-11/GGM, as shown on page ________, for E-learning Licenses and Tracking with Skillsoft Corporation, New Hampshire; and authorize the Purchasing and Contracts Division to issue Purchase Orders.
Solid Waste Management
5. Approve and authorize the Acting County Manager to execute a Consent Order, as shown on page ________, with the Florida Department of Environmental Protection documenting occasional non-substantive violations of wellhead pressure, oxygen and temperature standards for several of the 103 wells included in the system.
6. Approve and authorize the Chairman to execute a Grant Agreement, as shown on page ________, with the Florida Division of Emergency Management in acceptance of $62,497.00 through the Homeland Security Grant Program for supplies and materials associated with planning, training and developing exercises related to homeland/domestic security.
7. Approve to submit an Application to the U.S. Department of Homeland Security requesting $340,000 in grant funds through their Fire Prevention and Safety Program, and authorize the Acting County Manager to execute any documents as may be required for the application.
8. Authorize the Tax Collector's Office to publish the 2010 Delinquent Tax lists in the Sanford Herald newspaper at the quoted rates.
9. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-9, as shown on page ________, implementing Budget Amendment Request (BAR) #11-23 through the Public Safety Grants Fund in the amount of $62,497.00 to allocate funds from the Florida Division of Emergency Management’s State Homeland Security Grant Program.
10. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-10, as shown on page _________, implementing Budget Amendment Request (BAR) #11-24 through the Natural Lands/Trails Fund in the amount of $1,250,000 to allocate funds for Black Bear, Lake Harney and Geneva Wilderness Areas Improvements.
11. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-11, as shown on page ________, implementing Budget Amendment Request (BAR) #11-26 through the Neighborhood Stabilization Grant Program Fund in the amount of $270,954 to increase funding for the Neighborhood Stabilization Grant program.
12. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-12, as shown on page ________, implementing Budget Amendment Request (BAR) #11-27 through the 2001 Infrastructure Sales Tax Fund and the Public Works Stimulus Grants Fund in the amount of $915,508 to recognize supplemental ARRA funding for the Lake Mary Blvd Resurfacing.
13. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-13, as shown on page ________, implementing Budget Amendment Request (BAR) #11-28 through the 2001 Infrastructure Sales Tax Fund in the amount of $50,000 to purchase an easement for the Lake Hodge Outfall Project.
14. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-14, as shown on page _________, implementing Budget Amendment Request (BAR) #11-29 through the 2001 Infrastructure Sales Tax Fund in the amount of $170,000 to provide funding for increased scope on the Sand Lake Road Roadway and Base Reconstruction Project.
15. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-15, as shown on page _________, implementing Budget Amendment Request (BAR) #11-30 through the 2001 Infrastructure Sales Tax Fund in the amount of $615,000 to establish and fund the Upsala Road Roadway and Base Reconstruction Project.
16. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-16, as shown on page _________, implementing Budget Amendment Request (BAR) #11-31 through the General Fund in the amount of $490,290 to fund the Library Renewal and Replacement Project at the five library branches.
17. Approve and authorize the Chairman to execute appropriate Resolution #2011-R-17, as shown on page ________, implementing Budget Amendment Request (BAR) #11-32 through the 2001 Infrastructure Sales Tax Fund in the amount of $146,000 to provide funding for increased scope on the Celery Avenue Pavement Rehabilitation Project.
Planning & Development Division
18. Approve and authorize the Chairman to execute the final plat for Howell Branch Cove, containing 58 townhome lots on a 7.02 acre parcel, zoned R-3A (Multi-Family Dwelling District), located on the west side of Howell Branch Road and approximately 1,000 feet north of Aloma Avenue, Howell Branch Cove, Ltd.
Greenways & Natural Lands Division
19. Approve and authorize the Chairman to execute an Amended Agreement, as shown on page ________, between Seminole County and the City of Altamonte Springs relating to contribution of Boating Improvement Funds for Dock Replacement on Lake Orienta.
20. Accept Quit Claim Deed, as shown on page ________, from the Florida Department of Transportation and approve and authorize the Chairman to execute an Ingress and Egress Access Agreement, as shown on page ________, with the Trust of William E. Kirchhoff for Lake Monroe Wayside Park in Sanford.
21. Approve and authorize the Chairman to execute an Agreement, as shown on page ________, with Crappie Masters, Inc. in the amount of $8,500 for the 2011 Crappie Masters National Qualifier Tournament to be held on Lake Monroe on February 4-5, 2011.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey advised that there were a number of correspondences regarding the request to approve the reconstruction of Beardall Avenue to add additional cul-de-sacs on the section of roadway south of State Road 46. She stated she asked staff to inspect the property to see if there is a problem with fire hazard situations and road conditions. She stated the master plan for the airport has been adopted and is part of the County and City’s Comprehensive Land Plans. Public hearings were held when they adopted this into the Comprehensive Land Plan.
Tad Stone, Public Safety Director, addressed the Board to state Battalion Fire Chief Leeanna Mims inspected the issue with the fire hydrant in that entire area. He stated staff considers it as a non-hydrant area and they will typically respond with additional units and tankers. He explained how they will do their dispatching.
Chief Mims addressed the Board to state she had a member from her office to inspect the area. She stated the residents’ initial concern was they thought the hydrant was going to be removed and that is not the case. In looking at it from an access standpoint and egress, the first response system is still going to apply and the closest station is going to go. The County will go back and readjust the grids. The State is fully aware of the changes that are going to happen at the airport. Staff will continue to have discussions with the airport and the city of Sanford in making sure that they maintain EMS services.
Upon inquiry by Commissioner Henley regarding the impact on the response time, Chief Mims advised staff has not done a trial run to those specific addresses, but they are not looking at anything that will be a drastic egress in getting to the locations.
Mr. Stone advised staff has discussed renaming Beardall Avenue to Beardall north and Beardall south with the city of Sanford and they have no opposition to this.
At the request of Chairman Carey, Brett Blackadar, Acting County Engineer, addressed the Board to display a map of the existing Beardall Avenue and the proposed cul-de-sacs and reviewed the location of the new access off of Moore’s Station Road. Moore’s Station Road and Cameron Road have ditches on each side and Moore’s Station has never been closed due to drainage issues in the past. He added that access should be suitable for the residents out there.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the reconstruction of Beardall Avenue to add additional cul-de-sacs on the section of roadway south of SR 46.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari complimented Mr. Blackadar for his help on the Goldenrod Road item yesterday.
- - -
Motion by Commissioner Henley, seconded by Commissioner Dallari to adopt Resolution #2011-R-18, as shown on page ______, renaming Beardall Avenue to Beardall North and Beardall South.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize and approve the following:
22. Approval of Expenditure Approval Lists, as shown on page ________, dated December 15, 20 and 27, 2010, and January 3, 2011; approval of Payroll Approval List, as shown on page ________, dated December 23, 2010; and the Board noted, for information only, the following Clerk’s received and filed:
1. Amendment #3, as shown on page ________, to Work Order #1 for PS-3065-08.
2. Amendment #1, as shown on page ________, to Work Order #78 for PS-1074-06.
3. Work Order #17, as shown on page ________, to PS-3914-08.
4. Change Order #1, as shown on page ________, to Work Order #11 for CC-3321-08.
5. Amendment #3, as shown on page ________, to Work Order #4 for RFP-4277-09.
6. Certificates of No Recall, as shown on page ________, for RB Jai Alai, LLC; SOKC, LLC (Sanford Orlando Kennel Club); and Penn Sanford, LLC.
7. Amendment #1, as shown on page _______, to Work Order #34 for PS-0381-06.
8. Amendment #2, as shown on page ________, to Work Order #2 for PS-2825-07.
9. Amendment #4, as shown on page ________, to Work Order #70 for RFP-4214-04.
10. Closeout, as shown on page ________, of Work Order #15 to CC-2184-07.
11. Amendment #4, as shown on page _________, to Work Order #30 for PS-0381-06.
12. Amendment, as shown on page ________, to FY/PY 2010/2011 CDBG Program Grant Agreement as approved by the BCC on Aug. 10, 2010.
13. Amendment #3, as shown on page _______, to Work Order #69 for RFP-4214-04.
14. Work Order #1, as shown on page _______, to RFQ-5888-10.
15. Change Order #24, as shown on page ________, to RFP-0613-06.
16. Amendment #2, as shown on page ________, to Work Order #48 for RFP-4277-09.
17. Amendment #1, as shown on page ________, to Work Order #24 for PS-5182-05.
18. Recorded Home Ownership Assistance Program Mortgage Deeds, as shown on page _________, for the following: Charlotte Malanowski, Nigel and Melissa Martinez, Ezelle G. Smith, Willie J. and Luretha Taylor, and Joyce A. Carter.
19. Head Tennis Pro Agreement, as shown on page _________, with Mick Andrews; Associate Tennis Pro Agreements, as shown on page _________, with Joanna Babyar, Michael Custer and Daniel Colon; and Assistant Tennis Pro Agreements, as shown on page ________, with Amy McCully, Kyle McCully, Robert Pierce and John Gegenheimer.
20. Head Tennis Pro Agreement, as shown on page ________, with Brian Morrissey; Associate Tennis Pro Agreements, as shown on page _________, with Robyn Suto and Sergio Rivas; Assistant Tennis Pro Agreements, as shown on page _________, with Sarah Harkins, Peter Mainelli, Jason Cordova and John Sanders; and Tennis Developmental Instructor Agreements, as shown on page _________, with Eric Cordova and Brittany Collins.
21. Assistant Tennis Pro Agreements, as shown on page __________, with James Thompson and Chelsea Underwood.
22. Parks Contract for Services, as shown on page _________, with Amy Raub for Environmental Education Instructor.
23. Closeout, as shown on page _________, of CC-5392-10 and CC-4082-08.
24. Amendment #5, as shown on page _________, to Work Order #19 for PS-1529-06.
25. Change Order #1, as shown on page _________, to Work Order #53 for CC-1284-06.
26. Work Order #11, as shown on page _________, to PS-5180-05.
27. Amendment #1, as shown on page _________, to Work Order #29 for PS-5190-05.
28. Change Order #1, as shown on page _________, to DB-4550-09.
29. Amendment #2, as shown on page _________, to Work Order #56 for RFP-4277-09.
30. Amendment #1, as shown on page _________, to Work Order #6 for PS-2051-07.
31. Work Orders #18 and #19, as shown on page ________, to PS-4388-09.
32. Work Orders #75, #76 and #77, as shown on page __________, to PS-1529-06.
33. Conditional Utility Agreements, as shown on page _________, for Water and Sewer Service with Jaffer Land Co., LLC.
34. Amendment #1, as shown on page _________, to Work Order #76 for PS-1074-06.
35. Work Order #55, as shown on page _________, to CC-1284-06.
36. Work Orders #48 and #49, as shown on page _________, to PS-5174-04.
37. Amendment #2, as shown on page ________, to Work Order #124 for PS-5165-04.
38. Work Order #40, as shown on page _________, to PS-1501-06.
39. Change Order #1, as shown on page _________, to CC-5083-10.
40. Change Order #4, as shown on page _________, to CC-3709-08.
41. Amendment #2, as shown on page _________, to Work Order #75 for PS-1074-06.
42. Change Order #1, as shown on page _________, to Work Order #45 for CC-1075-06.
43. Development Orders, as shown on page _________, for Enrique A. Amparo and Generosa Ledesma, 7040 Pecan Court, and Joseph and Janet Hart, Lanark Street (Parcel 13A).
44. Closeout, as shown on page _________, of Work Order #44 to CC-1075-06.
45. Work Orders #27, #29 and #30, as shown on page _________, to CC-2184-07.
46. Amendment #1, as shown on page _________, to Work Order #7 for PS-4388-09.
47. Closeout, as shown on page __________, of CC-4533-09.
48. Recorded Restrictive Use Covenants, as shown on page ________, made by Miller Construction Services, LLC concerning property at 525 East Hillcrest Street, Altamonte Springs; and by Clarkson Concepts, Inc. concerning the property at 208 Cabana View Way, Sanford.
49. Recorded Release of Lien, as shown on page _________, for Amy J. Simonetti, Case No. 09-118-CEB, as approved by the BCC on Aug. 10, 2010.
50. Change Order #3, as shown on page _________, to CC-4259-09.
51. Work Order #1, as shown on page _________, to CC-5075-10.
52. Amendment #2, as shown on page _________, to Work Order #3 for M-5004-09.
53. Amendment #2, as shown on page ________, to Work Order #7 for PS-4388-09.
54. Change Order #1, as shown on page _________, to Work Order #9 for CC-3321-08.
55. Change Order #2, as shown on page _________, to CC-5225-10.
56. Work Order #87, as shown on page __________, to PS-5120-02.
57. Work Orders #69 and #70, as shown on page _________, to CC-1741-07.
58. Amendment #2, as shown on page _________, to Work Order #1 for PS-1905-07.
59. Memorandum to Jane Spencer, BCC Recording, from Brett W. Blackadar, Principal Engineer, submitting Memorandum, as shown on page ________, dated Dec. 17, 2010 to Joseph Forte, Acting County Manager, regarding authorization to extend expired Work Order for payment of final invoice for PS-4388-09 Work Order #3, Wilson Road Sidewalk Project.
60. Amendment #1, as shown on page _________, to Work Order #25 for RFP-4277-09.
61. Bids as follows: CC-6200-10; DB-6152-10; RFP-6174-10; RFQ-601064-10; #601030-10; CC-5931-10; IFB-601015-10; RFP-601008-10; RFQ-601024-10; RFP-600932-10; IFB-601014-10; IFB-601037-10; and RFP-601034-10.
Districts 1, 2, 3, 4 and 5 voted AYE.
Request to approve a Resolution renaming East Lake Drive to Seminola Boulevard was presented.
Chairman Carey stated she has two Speaker Request Forms (received and filed) from Cathy Newberg and John Cathcart opposing the renaming of East Lake Drive. She submitted a Petition, as shown on page _______, from area residents asking the Board to reconsider changing the name of East Lake Drive.
Commissioner Dallari submitted a Petition, as shown on page ________, from area residents requesting the Board not to change the name of East Lake Drive.
Tad Stone, Public Safety Director, addressed the Board to display and review a map showing how the roadway was put together, what happened over the realignments, how the roads were interconnected and how the County’s ordinance requires them to maintain the continuity of naming a major road. He stated staff understands that no one wants to change the name of their road. What staff would like to do is leave the entire road indicated in red as East Lake Drive. He indicated on the map where the sign will be erected saying Seminola Blvd. and East Lake Drive will start and end.
Upon inquiry by Chairman Carey, Mr. Stone advised staff can leave Seminola Blvd. from 17-92 to Azalea Court, and then leave East Lake Drive from Azalea Court to Tuskawilla.
District Commissioner Dallari stated he feels it makes sense to do the name change at Azalea Court and not at the city line. He stated there is actually a division in which Seminola is on one side heading towards Casselberry, and from Azalea East Lake Drive will go back towards the County.
Motion by Commissioner Dallari, seconded by Commissioner Van Der Weide to approve and authorize the Chairman to execute appropriate Resolution #2011-R-19, as shown on page ________, naming East Lake Drive up to Azalea Court, and keep the name Seminola Boulevard from Azalea Court to Casselberry.
Under discussion and upon inquiry by Chairman Carey, Cathy Newberg addressed the Board to advise she has no problem with staff’s recommendation. Discussion ensued relative to renaming the road from Seminola Blvd. and beginning at the County line as East Lake Drive. Commissioners Dallari and Van Der Weide agreed with the amendment to the motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Stone displayed and reviewed a map showing the existing number address range, the address number range changing from even numbers to odd numbers and odd numbers to even numbers, and the proposed address number range when East Lake Drive is renamed. He stated the address numbering is inconsistent with the ordinance and the standardized numbering system and he is seeking Board guidance.
Commissioner Dallari stated the issue he has is if it is not broken, why fix it. The consensus of the Board was to leave the numbering the way it is.
Chairman Carey advised that Item #25, Approval of the Wekiva Island Super Bowl Party Special Event, has been moved to the afternoon session and it has been withdrawn.
COUNTY MANAGER’S BRIEFING
The Board noted the Informational Budget Amendment Status Report FY 2010/11 for the period ending December 31, 2010.
Mr. Forte stated staff is seeking direction authorizing Commissioner Henley to execute the Central Florida Regional Water Supply document.
Andrew Neff, Environmental Services Director, addressed the Board to state this is a follow up from December’s meeting and the document needs to be transmitted by this Friday. He stated Seminole County has already accomplished a majority of these items and has exercised a lot of leadership. Specific types of conservation measures should not be prescriptive and the County needs to emphasize that if they conserve, they should retain any quantities allocated to them for the future. That may require some legislative input. Staff feels that when they refer to district rulemaking in the document it is somewhat redundant. Districts need to be able to explain conservation applications to all users including commercial users. Staff also feels that the districts need to enhance co-funding support of conservation in alternative water supplies.
Commissioner Horan stated he wants to make sure that the County does not get punished in managing their own water supply. He stated he feels that may take some legislative action and the Board may want to make that a part of their legislative agenda.
Commissioner Henley stated he has repeatedly reminded the other committee members that Seminole County is way ahead of the game. He stated the committee was asked to accept the report when it was presented to them, and he asked that the word accept be changed to receive so that they did not construe that it was approved. There were eleven specific recommendations that deal with conservation and environment, three that deals with education and outreach, seven that deals with economic and pricing, and eight dealing with alternative water supply. Some of the terms in the report have not been clearly defined. He added he didn’t disagree that water resources should be distributed equitably, but he feels the cost should be distributed equitably as Seminole County has spent hundreds of thousands of dollars already in trying to deal with this issue by themselves and no one has stepped up to assist in their battle. The other issue that is going to be taken up under phase two is getting more towards the real governance problem. He stated they will be getting into some real costs when they start moving into Lake County and Seminole County shouldn’t have to bear that cost.
Upon inquiry by Commissioner Dallari, Mr. Neff advised that another entity in Orange County trying to develop a water source in Seminole County is not intended to be addressed in this document.
Mr. Forte stated two cities in Lake County find the County’s project interesting but they do not want to commit to it. Those cities have committed to a desalination project in Palm Coast. He stated realistically, he doesn’t think that transmission is possible, but as long as they are participating in the alternative water supply project, that’s what need to qualify for a consumptive use permit.
Upon inquiry by Commissioner Henley, Mr. Neff advised everyone’s demands have gone down because of the lower growth. The question is how long that will last since everyone is seeing more in terms of existing ground water permits. That is something the districts are working on. The CFCA rule for limiting available ground water in the Central Florida region is now under discussion. Because of the recent legislative action, staff is not sure where that is going to go. The County needs to find out how much ground water is available from all the different users, and then determine how much time they have to secure alternative water for the future.
Chairman Carey stated she feels that transmission is still going to be the big issue. She said she spoke to Kirby Green, SJRWMD, with regard to Site 10 and their staff should focus on Yankee Lake since they gave the County a $7.5 million grant to move that project forward. She stated with the Wekiva Parkway coming through and the language that was put in to allow Seminole County to put their utilities on that roadway, they would be able to easily supply East Lake County. They probably ought to talk about planning to do that when that road is under construction, whether they have an agreement or not, because it will be much harder to do it after the fact. That might be something they want to talk about at a later date. She added she feels that staff did a good job addressing the needs and the main issue is to monitor that to make sure something doesn’t happen that would put Seminole County in negative situation.
Motion by Commissioner Henley, seconded by Commissioner Dallari to authorize Commissioner Henley to execute the Central Florida Regional Water Supply document with attachment of the matrix that has been developed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Forte requested authorization for Sharon Sears, Tourism Development, to travel to Iceland for the annual Mid-Atlantic Workshop Travel Seminar. He stated this is something that has been budgeted ($1,800) and staff has been trying to attend for many years. He added he is asking the Board to either approve or decline same.
Commissioner Dallari stated he feels it would be advantageous for staff to represent the County so they can bring more tourists to this area.
Motion by Commissioner Dallari, seconded by Commissioner Horan to authorize Sharon Sears, Tourist Development, to travel to Iceland for the annual Mid-Atlantic Workshop Travel Seminar.
Under discussion, Commissioner Henley stated the Board needs to recognize the County used to be very active in attending these conferences and that is why they were able to get foreign visitors from Great Britain. He stated Tourist Development dollars are picking up and this seminar will be paid from those funds. He said he feels they need to get back into the game in trying to build that up.
Chairman Carey clarified this is budgeted at $1,800 and the cost of the conference is $1,200 and then there will be $150 a day per diem.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Forte introduced the new Human Resources Director Randy Petitt, who started yesterday (Jan. 24, 2011). He informed the Board that Tina Williamson has been promoted as the Planning Manager.
COUNTY ATTORNEY’S BRIEFING
Mr. McMillan stated at the last meeting the Board approved surplusing property to Samy Realty, and in preparing the closing, the County Surveyor determined that there was some miscalls in the legal and that was corrected. He stated he is requesting approval for the Chairman to execute the County Deed with the corrected legal as prepared by the County Surveyor.
Motion by Commissioner Horan, seconded by Commissioner Dallari to authorize the Chairman to execute the County Deed, as shown on page ________, surplusing property to Samy Realty, with the corrected legal as prepared by the County Surveyor.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan stated the Board directed him to contact Mr. Slavin relative to searching a County Attorney and he has sent the Board a copy of Mr. Slavin’s proposal. The fee is $13,270 with expenses to be capped at 55% of the fee number ($7,298). He stated Mr. Slavin is hoping that the numbers will be lower because he feels travel should be limited to Florida. He said he is asking authorization to execute the contract with Mr. Slavin.
Upon inquiry by Chairman Carey, Mr. McMillan advised Mr. Slavin will be focusing his search in Florida, but there may Florida attorneys who may be living out of state. He added the ad will be placed in the Florida Bar News which goes to every Florida licensed attorney no matter where they are living. The applicant will have to be a member of the Florida bar for a certain period of time.
Motion by Commissioner Dallari, seconded by Commissioner Horan to approve the Contract, as shown on page ________, with Mr. Slavin to solicit firms to search for a County Attorney.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. McMillan informed the Board that Sun State Trees is not in compliance with the injunction that has been entered. He stated it is staff’s intent to notify Sun State that the County will begin to enforce it.
Upon inquiry by Chairman Carey, Mr. McMillan advised staff will inform them that if Sun State does not come into compliance, they will go back to court for contempt proceedings. He advised that Sun State Trees was in bankruptcy earlier this month and they were on the verge of having the bankruptcy converted from reorganization to liquidation. They sold some of their equipment and managed to pay all the creditors that were defected. The Tax Collector did get released from the stays that the bankruptcy entitled, and if they do not continue to make payments that are due to the Tax Collector, then warrants will be issued and the rest of the equipment will be picked up.
Commissioner Henley stated all of the mulch has been moved off the site but there is still a lot of equipment there. He said he doesn’t know where they moved the mulch.
Mr. McMillan stated they are still using the site for dyeing the mulch and that was never a permitted use.
Chairman Carey stated the issue was always the amount of mulch that they had on the site and they had to be in compliance with their site plan.
Commissioner Henley stated if they leave it as it is, they needed open space compliance. That was a big issue because they did not have enough room to get all trucks on the site and they were set up on the right-of-way or either on the road. There were several site plan issues that they hadn’t dealt with.
Mr. McMillan stated he can have staff explain to each Board member what they were supposed to do and what they haven’t done. The Board voiced no objections.
The Chairman recessed the meeting at 10:32 a.m., reconvening at 1:31 p.m. with all Commissioners and all other Officials with the exception of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Eva Roach, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Van Der Weide, seconded by Commissioner Horan, to authorize filing the proofs of publication for this meeting’s scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
VACATE AND ABANDONMENT/
Cecil A. Stone
Proof of publication, as shown on page _______, calling for a public hearing to consider vacating and abandoning a 30 ft. x 601 ft. Drainage Easement on Lots 80 and 81 of The Slavia Colony Co.’s Subdivision, as recorded in Plat Book 2, Page 71 of the Public Records of Seminole County, Florida; and further described as 1701 Mikler Road in Section 16, Township 21 S, Range 31 E, Cecil A. Stone, received and filed.
Alan Willis, Planner, Growth Management, addressed the Board to present the request, stating the staff is recommending approval of the Resolution to vacate and abandon the 30 ft. x 601 ft. Drainage Easement as requested.
Javier Omana, representing the applicant, CPH Engineers, addressed the Board to thank staff for this effort and state he is looking for the Board’s positive vote.
No one spoke in support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution 2011-R-20, as shown on page _______, vacating and abandoning a 30 ft. x 601 ft. Drainage Easement on Lots 80 and 81 of The Slavia Colony Co.’s Subdivision, as recorded in Plat Book 2, Page 71 of the Public Records of Seminole County, Florida; and further described as 1701 Mikler Road in Section 16, Township 21 S, Range 31 E; as described in the proof of publication, Cecil A. Stone.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Springs PUD Major Amendment/
Saxon and Clark, Continued
Continuation of a public hearing from December 14, 2010, to consider a Major Amendment to The Springs PUD (Planned Unit Development) and Addendum #9 to the Developer’s Commitment Agreement, a portion of Tract 19 consisting of approximately 1.19 acres, located on the north side of West S.R. 434, approximately ¼ mile west of Markham Woods Road; as described in the proof of publication, Saxon and Clark.
Joy Williams, Planner, Planning and Development Division, addressed the Board to present the request, stating the applicant is requesting an amendment to change the permitted uses on 1.19 acres from Recreation Open Space to CN (Restricted Neighborhood Commercial). She gave a brief history of the PUD and advised the applicant is proposing to construct an office/interior design center. She further advised that the Planning & Zoning Commission met on October 6, 2010 and voted unanimously to recommend approval of the Major Amendment. Ms. Williams stated the staff finds that the requested CN uses for the subject site are compatible with the surrounding area and will not adversely affect the community. Staff is recommending approval of the requested Major Amendment.
Attorney Kurt Bauerle, representing the applicants Donnie Saxon and Tom Clark, addressed the Board to display a map (received and filed) of the subject property and describe the surrounding areas. He stated the applicant has followed the provisions of the Land Development Code in bringing this application forward. He reviewed the various meetings held to review and comment on this application. He said Petty’s Meat Market is in support of the amendment, and The Springs Community Association has a letter in the file indicating it is neutral. There are no residential properties that immediately buffer the subject property, and the nearest residential properties are ¼ mile from the subject site.
Attorney Bauerle explained that the character of SR 434 has changed since The Springs PUD was created over 30 years ago with a commercial mode east of this site that is well developed. State Road 434 has been widened to six lanes, and there is substantial commercial development of varying intensity on the south side of SR 434 in the immediate area of the subject property. He said the CN use being requested is not appreciatively different than the real estate office use that was existing on the subject site for nearly 30 years until it was torn down. There is a public benefit that is served by the amendment in that it allows for economic development and restores a commercial use very similar to the one that existed on the site.
Attorney Bauerle reviewed the definition of open space in Section 30.451(e) of the Land Development Code and said the subject property is privately owned and is physically separated from The Springs by a chain link fence; and, prior to the real estate office being torn down, a commercial use operated there for nearly 30 years, so this does not qualify for open space under the Code. He said it’s never been a recreational area, is not owned by the residents, is physically separated and is privately owned. Therefore, the open space argument is a “red herring” in this dialogue. Attorney Bauerle discussed Policy FLU 2.4, Neighborhood Commercial Uses, and said the proposed amendment does not encourage urban sprawl. The subject property is located on a major arterial roadway, and the development intensity is limited by virtue of the CN land use, and development shall occur in accordance with the Seminole County Land Development Code. He urged the Commissioners to vote in favor of the application.
Attorney Bauerle submitted copies (received and filed) of his written presentation to the Board. Revised plats of different sections of The Springs were received and filed.
Upon inquiry by Commissioner Henley regarding the open space, Attorney Bauerle said the arguments about the open space were made in the 1996 lawsuit. He stated Earl Downs conveyed to The Springs Community Association a substantial amount of acreage that comprises the area where the clubhouse is and where Sanlando Springs is located, and all the related common areas. Parcel 19 and 19A were excluded from that conveyance and that was the basis for the 1996 lawsuit where it was determined that the Community Association has no interest in Parcel 19A. During further discussion, Commissioner Henley said he has never known the Board to approve private open space for general use of a community. Attorney Bauerle stated under no circumstances does the subject property bear on the issue of the open space calculation. Discussion continued.
Upon inquiry by Commissioner Horan, Attorney Bauerle submitted a copy (received and filed) of the Findings of Fact he is asking the Board to find. Attorney Bauerle said these findings are consistent with the Record that has been developed through the five public meetings and consideration of this issue going back a year.
Commissioner Dallari discussed the map (copy in the staff report) showing the green areas going onto the private lots and asked if that is open space. Attorney Bauerle said the way the subdivision was originally platted, it is identified on the plat maps as green belt. He explained the map is consistent with the original plat which identifies those areas as green belt.
Chairman Carey said in her subdivision on Markham Woods, they used to have a green belt around the edge and it was dedicated as an easement for open space. That was how they used to do that, but she thinks they have gotten away from that today.
Upon request by Commissioner Dallari, Attorney Bauerle submitted copies of the easement documents (received and filed).
Chairman Carey said the parcel before the Board today was sold out of the overall PUD and that’s why she doesn’t think they can count it toward the green space. Attorney Bauerle said The Springs Community Association had the opportunity to buy this parcel when Mr. Downs made available the conveyance of all the property surrounding the clubhouse and Sanlando Springs, but they elected not to buy it.
Commissioner Horan discussed the Findings of Fact submitted by Attorney Bauerle and also discussed that it was not unusual in the 1970’s to have green space counted on private property based upon a green belt reservation on the plat itself.
Chairman Carey advised she had received at lunchtime a document (copy of memorandum was received and filed) giving a minor change to the language for this amendment. The other Commissioners advised they had also received that information.
John Parke, 120 Woodmill Road, addressed the Board to state the original Parcels 19, 19A and 19B were part of the original open space by Earl Downs, the developer. In 1996, Mr. Downs sold Parcel 19 to The Springs Association and they passed on buying Parcels 19A and 19B. That was part of the 1996 lawsuit. Mr. Parke said on the issue of that area and the highest and best use, they are fortunate to have Donnie Saxon, who will make that a brilliant buffer zone area between commercial and residential.
Doug Holmes, 117 Bridgeway Circle, addressed the Board to state this parcel had a real estate office that he worked at for 17 years. There was a lot of activity there then, but it’s been idle for the last few years with the building not there. He said he stopped at the property yesterday and walked into the woods. Either there is a lot of litter that has blown into the woods or there are people living there. He stated the road in front of The Springs is actually nine lanes (with a turn lane into the offices, a U-turn lane and another lane). There is also a LYNX bus stop there now. He thinks to say this amendment will be a bad impact to the area is ludicrous. He knows that eventually something is going to be there. He would like to see the project that Mr. Saxon and Mr. Clark are proposing be there because he thinks it will be nice.
Jes Baru, 108 Bridgeway Circle, addressed the Board to state he moved to Seminole County in 1968, and he has seen the progression of deterioration in the area since then. His first reaction when he heard about a change was to be against it. Ever since he gave it a second thought and found out he had better have something controlled by the represented individuals rather than taking a chance in the next few years that they will have other people that may not be as nice and may force something they would not like to have. He said he is now for this amendment, hoping it will be controlled and add to the beauty of the area.
Bryan Botic, 113 Wisteria Drive, addressed the Board to state he is in favor of this amendment. He said he also used to work out of the real estate office that existed on the property. They always had a half dozen cars in the parking lot with many people working out of the building. That never had any sort of negative impact on the community. What they did in the office and the new use will not be any different as far as he is concerned. He said the property was not used in the past for open space or recreation; and now there is a parking lot on the space. So, there is really no negative impact to the community, and there is no housing near this property.
Steve Chitwood, 1540 Baltimore Drive, addressed the Board to state he was the sales manager and marketing director of The Springs when the building was constructed on the site. They did general real estate sales as well as sales for The Springs itself. He said this was set up so that it would be separate from the rest of the development.
Dianne Westbrook, 7080 Tallow Tree Road, addressed the Board to state she knows Donnie Saxon and Tom Clark and anything they put their efforts toward is done right. She thinks this building will be an asset to the community and the residents need to stop worrying about all they have been discussing. They need to worry about what will go there if Mr. Saxon and Mr. Clark don’t put this beautiful building there.
Charles Williams, 121 Bridgeway Circle, addressed the Board to state he would welcome a design center that reflects the ambitious and progressive ideals of Donnie Saxon and Tom Clark which, in his opinion, will not compromise the serenity and beauty of the neighborhood.
Evelyn Peisner, 310 Wild Olive Lane, addressed the Board to state nobody likes change and she understands the people who are very much against this, because they are afraid that this design center will infringe on their lifestyle. But the truth of the matter is she has lived in The Springs for 17 years and everytime she drives by that area, she gets more and more aggravated because it looks like a dump. She said there is nothing there but scrubs and bushes, and people throw garbage in there. If somebody wants to come and put a building there that will detract from the highway and stop any bit of noise from coming into The Springs, she thinks that’s good. She said nobody uses that area for recreation and there is no way they could use it because there is a fence separating that area from the living and recreational portion of The Springs. She noted there is a gate along the fence, but only The Springs’ officers have a key to the gate, so there is no way anyone could come through it. She thinks it would be a good thing to have the building. The whole area is commercial and this just adds another commercial building.
Bob Hrabousky, 1907 Lost Spring Court, addressed the Board to state he currently sits on the Board of Directors for The Springs Association and at one point they passed an amendment to not support the amendment. After the continuance last month, their Board voted to go to a neutral status.
Brian Mock, 333 Lake Brittany Court, addressed the Board to state he has had the good fortune of doing business with Saxon and Clark for 14 years. He said there are 18 tax-paying families that depend on Saxon and Clark and numerous people like him (suppliers, contractors, etc.). Saxon and Clark are benevolent and good citizens of Seminole County and are very good business people. Saxon and Clark are only asking to develop 1.19 acres of the 3.5 acres that they legally own. He hopes the Commissioners will support what they intend to build on this piece of property that will enhance SR 434 and the areas next to it.
Allyson Hidalgo, 107 Cedar Point Lane, addressed the Board to state she has lived in The Springs for 21 years and she owns Petty’s Meat Market which would be Saxon and Clark’s closest neighbor. She said she is definitely for the project. She thinks Saxon and Clark are awesome at anything they do. They could end up with some awful building if Saxon and Clark are forced to sell the property. With Saxon and Clark, they know it’s going to be classy and will enhance the area. She believes all of the businesses along there are definitely for it and have e-mailed the Board. She said they need help as they have had a really bad couple of years with all the road work that’s been going on. She stated there are definitely homeless people living there who have been going into their garbage. She has been there for 31 years and there has always been a building on that site. When they bought 31 years ago, Earl Downs, C. A. Johnson and Mann Downs told them the reason the PUD had been formed was because they wanted to control what went there because of the space being behind it and they wanted it to be environmentally very nice-looking. They said as soon as all the buildings were sold, they had no problem taking it out of a PUD, but nobody ever bothered to do that. She said, as Commissioner Van Der Wide told them, the PUD has been changed 27 times, so what’s one more time.
Nancy Holmes, 117 Bridgeway Circle, addressed the Board to state she has worked half her life in The Springs. She reviewed her work history and said she used to work in the building that has been taken down. She recalled that the developer’s daughter used to be their sales manager and decided to go to law school and put the property on the market for sale. Ms. Holmes said she bought the sales office and the ground in 1985, and in 1987 she bought the adjacent property sold at a joint venture. In 1996, the lawsuit was a stipulated agreement that the previous owners did not have any legal interest in the property and that she owned the property. Before 1996, the developer had a 50-year recreational lease; and in 1996, the residents of The Springs decided to purchase that so they did not have to pay the interest and everything. She said there is a legal description for the recreation area and it does not include this property and never has. The sales office was not temporary and not just for The Springs. She said they sold everything to everybody.
Commissioner Henley stated he was going by what was in the County Record.
Donald (Donnie) Saxon, applicant, addressed the Board to state he recently moved from The Springs and he gave some history of the subject property, stating they purchased the property in 2004 with the understanding that the 1996 lawsuit indicated the property was fee simple owned by Nancy Holmes and John Hardin. They understood that the property was not part of The Springs, but is part of The Springs PUD, as well as Petty’s Meat Market and everything around there. He said they did not develop the property initially as the economy started turning, and they decided to hold off to see what was going to happen. Then they decided to downsize and located one block over in a temporary location on Central Parkway. They leased that space for 18 months until they could get this matter resolved so they could build a building. They wanted to build a couple of years ago; but when the highway widening began, Ms. Hidalgo and others said it was not a good time to build, so they decided to hold off. He said the purchase price is not relative to this matter. He stated they did not ask for zoning for the lower portion of the property because they don’t need it. He said he would have never purchased the property had he thought for one minute that they would not be able to build on it. They don’t understand the whole thing about the recreation because when you read the 1996 lawsuit, it clearly states The Springs Association and neighborhood have no reversionary rights, past or present, to the property in the form of easements or ownership.
Mr. Saxon stated The Springs put up the 8 ft. tall green fence that runs the entire length of the property all the way down to the river that they cannot open unless they get written permission from Saxon and Clark, and nobody in The Springs can go onto that property unless they get written permission from them. He said the proposal they put forth has a very residential look to it. It will enhance the neighborhood and not detract from The Springs. This property is a long way from the entrance to The Springs, so he doesn’t understand that it could have a traffic impact to the entrance of the neighborhood. If anything, this project would help the businesses beside them, because they allow people to use the paved parking lot for the businesses next to their property.
Mr. Saxon thanked Commissioner Van Der Weide for attending The Springs’ public meeting. He stated he has received many e-mails that reference the petition in opposition and there are people who now do not want to be part of that petition because they found out exactly what is taking place.
Mr. Saxon further discussed the 1996 lawsuit with Commissioner Henley.
Chairman Carey advised she received five letters (received and filed) in support of this proposal from The Springs Community Association Board of Directors, A. J. Mueller, David Forthuber and Sheri Martin.
Chairman Carey also advised of one Written Comment Form (received and filed) from Paul Askew in opposition.
Chairman Carey recessed the meeting at 2:32 p.m. and reconvened it at 2:40 p.m.
Attorney Ken Wright, Shutts & Bowen, representing a number of homeowners, addressed the Board to state he has 300+ signatures on a Petition, as shown on page _______, in opposition. He said several people asked that their names be removed and they have been removed.
Attorney Wright began a PowerPoint presentation (copy received and filed) with review of the “History of The Springs’ Real Estate Office” and stated the real estate office is the “red herring” in all of this. He said it was a non-conforming use and was granted as a temporary sales office for purposes of allowing a sales facility for a large community that was going to be developed and sold out over a period of years. The office was torn down in 2008 and it’s like a non-conforming billboard that once it’s down and removed, it can’t be put back up. He also said there are no grandfathered rights. He discussed the “Applicant’s Proposed PD Amendment,” stating PUD’s can be amended, but there must be a legitimate basis for changing the negotiated agreement. He said the original PUD was negotiated to keep Tract 19 as open space recreation to protect the river and to protect the residents. The developer, Earl Downs, kept 19A and 19B out at that time. These were part of Tract 19 at that time and originally described as Tract 19. He stated there is no Tract 19A and 19B. A portion of Tract 19 that fronted SR 434 erroneously was not purchased by The Springs when they were forced to buy out the developer’s recreational contract. The case in 1996 only resolved who owned the property, and the successors of Earl Downs owned it in fee simple and could fence it off and keep people off of it, but it still remains for purposes of the PUD as open space and recreation.
Attorney Wright discussed the “1994 Application,” stating the staff’s recommendation in 1994 was to deny this, which is the same request. He reviewed the staff recommendations for denial in 1994 and the findings of the BCC in 1994 to deny the application. He said those specific findings of fact are true today as then.
Attorney Wright concluded his presentation by stating he thinks this requested amendment is wrong and should be denied. The fact that this piece of property buffered development from The Springs is the important part of it. The value of this open space is to protect the river run area and to protect the integrity of The Springs as being something truly unique. It has worked and ought to continue to work.
Discussion continued among Attorney Wright and Commissioners Henley, Carey, Horan and Dallari regarding Item #4 of Other Commitments in The Springs PUD Agreement dated April, 1977 (copy in the staff report); application requests for changes to PUD’s are at the discretion of the Board; C-1 and CN zonings; whether the application proposes a land use that is consistent with the Comprehensive Plan or the PUD; why Attorney Wright thinks the staff is wrong today; if the Board denies this application, what public purpose is served by that denial; and Attorney Wright’s opinion of why the real estate office was classified as temporary and that as additional buffering, this piece of property should be left in recreational land use in order to keep this a tranquil/quiet oasis.
Bob Shakar assigned his time to speak to Attorney Wright.
Donald Ulrich, 131 Bridlewood Lane, addressed the Board to state he is in opposition. He also assigned his time to speak to Attorney Wright.
Basha Perez, 134 Wisteria Drive, addressed the Board to state she lives in a very sensitive area in The Springs that is classified as a flood zone. She said the best prophet of the future is the past, and hopefully they can learn from the mistakes they have made in the past so as not to repeat them in the future. She referred to the County giving approval for another development to be built adjacent to The Springs. She said after that development, there was no kind of buffer or consideration taken to The Springs’ property and the impact the development would have on the sensitive area of The Springs. She said when they have any kind of rain, her property becomes something similar to New Orleans. The water has nowhere to go and infringes on her property that becomes flooded in front, back and sides. This all started when the County gave permission for properties to be developed behind The Springs. She added, in the meantime, her property is being destroyed because of a decision the County made years ago. She asked the Board for deep consideration before any approval is made. She said she does not have any problem for or against the requested amendment today, but is talking about the future impact that development could have. Ms. Perez presented pictures (received and filed) for display that showed the impact of flooding on her property.
Chairman Carey advised Ms. Perez that it sounds like she has an issue with the development behind The Springs, and this particular site today is already paved so she doesn’t think she will have any additional impacts.
Commissioner Van Der Weide stated the County has been involved one way or another in The Springs for years. He recalled that the permit to pump excess water from Cranes Roost came from the State.
Don Eskin, 128 Woodmill Road, addressed the Board to state he is opposed to the amendment and Attorney Wright has said it all.
Bonnie Bloom, 121 Bridlewood Lane, addressed the Board to state she is opposed to the amendment. They bought into a PUD and they would like to see it stay that way.
Rhoda Phillips, 109 Fairway Drive, addressed the Board to state when she bought into The Springs almost 40 years ago, they had amendments for the tennis courts and stables. Her amendments were for the grounds and those amenities for the trees, and little by little they are taking them away.
Chairman Carey advised she had three letters (received and filed) in opposition from Gwen D. Bloom and Ted Kaiser (two letters).
Ron Kenney did not speak, but assigned his time to Attorney Wright. A letter in opposition from Mr. Kenney was received and filed.
No one else spoke in support or in opposition to the requested amendment.
Speaker Request Forms were received and filed.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to deny the request for a Major Amendment to The Springs PUD (Planned Unit Development) and deny approval of Addendum #9 to the Developer’s Commitment Agreement, a portion of Tract 19 consisting of approximately 1.19 acres located on the north side of West SR 434, approximately ¼ mile west of Markham Woods Road; as described in the proof of publication, Saxon and Clark; Denial Development Order, as shown on page _______.
Under discussion, Commissioner Henley stated from the very conception of this PUD, it was designed to be rural in nature. It has been protected through the years, except for the encroachment of widening the road, which does not change the nature of the PUD at all. Another section of the County that has been under attack for development a number of years is Lazy Acres, and this Board has continually protected that area because it is unique. The Springs is a unique area and the PUD was set up with the purpose that it is unique. It was planned from the very beginning to be unique. He thinks the layout as well as the buffering along the front is there to protect it in spite of the widening of the road. That’s why he believes the Board needs to continue to protect that area, because it is a jewel.
Chairman Carey stated she is not going to support the motion mainly because she’s been here 53 years and used to live in The Springs. She thinks the character has changed there; and the piece along SR 434 for the use being requested as PUD zoning is negotiated zoning, and she thinks that would stop the future things they may see come before the Board for the use of that property.
Commissioner Dallari said the reason he seconded the motion is because it is a negotiated zoning; however, with expansion of the urban area around The Springs, this was deliberately carved out as a temporary location for a temporary real estate office and is still deemed as recreational space. As the area develops, additional safeguards need to be in place. He believes that’s the reason why it was temporary and was clearly stated in the PUD. The negotiation actually says it was to be recreational, and that is why he will support the motion.
Attorney Bauerle gave rebuttal comments stating the temporary nature of the real estate office doesn’t appear in the language of the PUD that created the real estate office. He read from Addendum #3 to the PUD what Mr. Downs contracted, stating The Springs Community Association does not maintain the subject property, but it is privately owned. The language relating to the real estate office says the real estate sales office was approved by the Board of County Commissioners. Attorney Bauerle said he doesn’t see how the office can be described as a non-conforming use. The language doesn’t say anything about the real estate office being temporary, and all the people who have lived in The Springs all these years have lived there with this real estate office being there for nearly 30 years.
Upon inquiry by Commissioner Horan, Attorney Bauerle explained how it would affect the buffer if this application is granted. Commissioner Horan stated his concern is if granting of this application adversely affects the amount of the buffer room from SR 434. Attorney Bauerle said he doesn’t think so because Woodbridge Road median is also a wooded area. There is a wooded buffer that exists within the fence that The Springs built that protects the community from SR 434.
Districts 1, 2, 3 and 4 voted AYE.
Commissioner Carey voted NAY.
Savannah Park at Heathrow Major Amendment/
Savannah Meridian Acquisition Group
Proof of publication, as shown on page _______, calling for a public hearing to consider a Major Amendment to the Heathrow Planned Unit Development (PUD) on 9.85 acres, located on the west side of International Parkway, between Wilson Road and Wayside Drive; Savannah Meridian Acquisition Group, received and filed.
Commissioner Horan advised that pursuant to Section 112.3143 3(a) F.S., he will abstain from voting on this matter because it appears to be a conflict of interest. He said his law firm represents an individual who is a manager of a couple of entities who own property within the referenced PUD, and his firm has advised their client concerning the property which is the subject of this matter. He said he will also abstain from participating in this public hearing. Whereupon, Commissioner Horan left the meeting room at this time.
Kathy Hammel, Principal Planner, Growth Management, addressed the Board to present the request and review the background on this development, stating the Major Amendment is to allow for increased residential density within The Exchange portion of the PUD. She reviewed the proposed revisions to the amendment as outlined in the Agenda Memorandum. Ms. Hammel advised the Planning & Zoning Commission voted unanimously on December 1, 2010, to recommend denial of the request. Staff is recommending the Board approve the requested Major Amendment to the Savannah Park at Heathrow PUD and approve the revised Final Master Plan and Addendum #3 to the Developer’s Commitment Agreement.
Commissioner Carey asked if the footprint of the building changed. Ms. Hammel stated the building is still on the same pad, but it had been four buildings before and is now three buildings. There are now walkways between the buildings to be able to access both parking lot areas. The height has not changed.
Commissioner Carey clarified that the applicant is reducing the size of the units which increases the number of units.
Attorney Paul D’Arelli, Berger Singerman, representing the applicant, addressed the Board to state they are prepared today to prove that the proposal is consistent with the Comprehensive Plan and they have met the procedural requirements. He submitted copies of the staff report (received and filed) that contains the recommendation of approval and said they concur with that approval. He said they did provide the required Statement of Justification at the initial time of this request and he submitted copies (received and filed) of same into the Record. Attorney D’Arelli introduced those who will make presentations as follows: Mary Anne Jarrell; Ray Scott; Jeremy Owens; Matt West; John DiGiovanni; Michael Vlass; Mark Sneed; Michael Bleakley; and Steven Cohen. He submitted biographies (received and filed) of some of the presenters to the Record.
Mary Anne Jarrell, representing her family as well as the Savannah Meridian Group, addressed the Board to state they have met with Ashton Woods and Tall Trees homeowners on more than one occasion and made a concerted effort to accommodate their suggestions and those of the BCC. They have worked diligently to create solutions giving as much consideration to the concerns of others while insuring project viability. She reviewed a PowerPoint presentation (received and filed) showing an aerial view of the entire PUD and described the site; aerial view of the Exchange at Savannah Park and described the site; Modifications, Savannah Park Current Application site plan showing the four building configurations; Enhanced Landscape; Additional Landscape Plan Northwest Boundary; Additional Landscape, Southern Boundary; Elevations Landscape; Comparison, Current Approved Site Plan with Current Application; Comparison of Parking; Residential Parking Comparison, Building C Parking; Architectural Building Design and Rear Elevation; and Byron Anthony Place, West Side.
Ray Scott addressed the Board to state they have been in business 35 years and have done over 7,000 projects with over 100 in Seminole County, so they have a pretty strong fingerprint on the local market. Over the last 20 years, primarily what they have done is retail, office and housing. He continued the PowerPoint presentation, showing the Current Application with three buildings and expanded front parcels and stated this is a multi-use site where the uses are segregated (housing is segregated from the retail). He said the modifications to the site are typical to all their projects. He reviewed that the square footage is the same in the apartments (800 sq. ft. to 1,000 sq. ft.) within the same footprint; reviewed the amenities; the Residential Component; further described the current application with three buildings and explained they have increased the density on the site with the structured parking underneath. Mr. Scott said they are trying to minimize urban sprawl and become a project that has a more dense feel to it and a transition between the single-family residential and the buildings that will eventually be across the street that are high-rises and mid-rises.
Mr. Scott continued with review of the Parking Modifications and discussed the structured parking. He concluded that 90% of their projects are changed in one shape or another. It’s all based on the clients, what the tenants want, the mix of the tenants, the rental or for sale markets, the construction cost, economic conditions and the financing. They feel this modification to the PUD will be good for the County, residents and users.
Jeremy Owens, CPH Engineers, addressed the Board to speak about the underground parking and the stormwater system.
Upon inquiry by Commissioner Henley regarding the cisterns and the volume of water being talked about, Mr. Owens stated the geotechnical borings will determine how much water will be able to flow to the area that they might be able to intercept and they will be sized accordingly.
Matthew West, Ivey Planning Group, addressed the Board to clarify that this property has never been designated HIP-TI. He continued the PowerPoint presentation with PUD as Transitional Use to Tall Trees and said he thinks one of the things this property was originally intended to be was a transitional use between Tall Trees to the west and all the HIP Target Industries lands to the east. He thinks the property still functions as that even with this requested amendment. He described the transition and said the subject property is stepping down in density and they are transitioning to the homes in Tall Trees. From this standpoint, they are not asking for anything that wasn’t the original intent of the property. He submitted sections of the Code (received and filed) that deal with PUD’s. He reviewed PUD Standards and said all the uses they are asking for are permitted in a PUD. He stated last year the Board adopted an Energy Conservation Overlay (copy received and filed) which talks about certain corridors in the County where the County is trying to encourage multi-modal, mixed use and reduction of vehicle miles traveled. He said this property is in one of those corridors. For the spirit of the intent of the Energy Conservation Overlay, they are promoting a mixed-use project, a pedestrian access between the residential and non-residential within the PUD. He said the Energy Conservation Overlay policies, which he submitted (received and file), encourage increased densities so that in the future that would support transit or other forms of multi-modal transportation.
Mr. West advised they are not asking for any increased building heights nor reductions from the setbacks for residential. There is no change to access and the parking has been justified (parking analysis received and filed with Letter dated Nov. 2, 2010 to Ms. Hammel from Mr. West.); and the parking as proposed is previously approved. He said there is safe, convenient access and they are encouraging the mix of housing types, as in the County’s Housing Element (copy received and filed). They are over the minimum size threshold for a PUD. All the utilities are available on the site and the infrastructure is substantially constructed. Mr. West discussed the Intent and Purpose of a PUD, and said this project has been developed and built as a planned community. This is probably a more acceptable program than was originally submitted as an office project years ago, that was denied. He stated this mixed-use project is as a result of negotiations and community meetings. They are providing efficient use of the land, a stable environment and character compatible with the surrounding area.
John DiGiovanni, President of Inland Atlantic Development Corporation, addressed the Board to state this is not speculation with regard to the development of this site but it is a reality. There is an agreement in principal to move forward on this site, and he submitted and read into the Record a letter (copy received and filed) from the CEO of Inland Atlantic, Barry L. Lazarus, expressing the same. Mr. DiGiovanni said their intent is to invest more than $12 million in this project. They feel the investment will create a very beneficial economic impact.
Michael Vlass, The Vlass Group (developer), addressed the Board to state he did the Uptown Altamonte project that is still in construction; and they are now developing Downtown Temple Terrace, another mixed-use development. Over the years, he has developed a variety of developments. He showed the site plan for Downtown Temple Terrace (received and filed) and explained this is called sustainable development and said you wind up with multiple uses called “live, work, play.” He explained horizontal mixed use and vertical mixed use. He said the developer’s job is to build an attractive, environmental place where people wish to come, spend money and shop. It is the retailers who determine that. They tell the developers where they want to be and what they want to do. He described the Downtown Temple Terrace project. He showed the Savannah Park plan map (received and filed) and described same. He stated he thinks it is a very fine, viable development. It has been designed very appropriately and is pedestrian-friendly. The target market of the over 55 crowd is the demographic to go after.
Greg Jacoby, Vice President and CFO of Epoch Management, addressed the Board to state he was also involved with the development of Uptown Altamonte and several other multi-family real estate projects throughout Florida that were in mixed-use settings. He said his experience indicates that whenever you’re integrating residential in a mixed-use setting, his preference is to keep the integrity of the residential together in the same building components as much as possible versus creating these hybrid buildings of residential over commercial or residential over retail use. He explained the reason is it is very difficult, if non-existent, to find financing for equity investment for projects that include this type of hybrid building component. The scarcity of finding lenders and/or investors could jeopardize an entire project. Also, there are a number of physical development challenges, like parking conflicts between residential and commercial; sound mitigation of the buildings; garbage smell and load areas; possible security issues; use of different building material types; and more difficulty in designing buildings where residential overlay commercial that lead to higher construction cost. He said his experience, from a property management standpoint, is that it is much more efficient to try to deal with each component as a separate business model with all the residential in one area and commercial or retail in one area. He stated his opinion is the applicant’s desire to reconfigure these buildings to keep the integrity of the residential buildings together and separate from the commercial and retail is a very prudent decision on their part. He further discussed the Uptown Altamonte project and said he doesn’t think valuation should be a concern with the Savannah Park project and having the apartments, creating the activity and the whole genre is important for the success of the entire project.
Mark Sneed addressed the Board to state from his experience, a couple of the design changes being brought before the Board today will greatly increase the viability of the product and make it more successful. In getting rid of the retail on the ground floor and going with three levels of residential gives more mass which is what will attract more residents and create a better product, which will in turn feed the retail that is around it. He said it is challenging to try and lease retail in the back of the projects where they have limited visibility and are solely dependent upon pedestrian traffic. He referred to the Temple Terrace plan and explained where they eliminated the retail and brought in some of the city functions with a performing arts center and a library. He said very little retail will be facing on Main Street in that project, because it is not viable. He stated today, in the current economy, retailers are not taking chances. What they look for is visibility and accessibility. By increasing the retail on the main road, it stands a better chance of being successful.
Michael Bleakley, Senior Vice President, RBC Bank, addressed the Board to state they approved the recommended change in the project. He explained that the market has come back and there is a demand for multi-family apartments in affordable Class A and B type apartments. He strongly feels that the highest and best use of this property is supported, not only by the market studies but new appraisals in-house, that were done for their own use and not the developers that support this project. They feel it will be good for Seminole County and the banks.
Steven Cohen, Senior Vice President, American Momentum Bank, addressed the Board to state he doesn’t have a stake in this project; he’s not a lender, the architect or engineer, and he is not leasing anything. What the Board has heard really is true, that simpler is better. He is for sustainable growth and is not a lender who’s out to make the quick buck. He stated by going to a pure use with this project, specifically, an upper scale, senior housing type use, meets the need of the marketplace. For the last 18 months that’s what he’s been doing. That is where the capital flow is going to and that is where the market dynamics are. As the lending community gets back on its feet, he thinks they will see that those projects that are pure, that meet the needs of the community will be the ones that are successful and create value for the community and the property owners.
Chairman Carey recessed the meeting at 4:28 p.m. and reconvened it at 4:33 p.m.
Scott Ryan, 5739 Byron Anthony Place, addressed the Board to state he and his wife opposed the apartments in August and they are opposing them today for the same reasons stated at that time. After the defeat of the Major Amendment on August 10, 2010, he and his wife invested another half-million dollars on the second floor. He said there are a lot of solutions, but he doesn’t think apartments are the solution. He showed a site plan (received and filed in the Savannah Park North Presentation Overview Booklet submitted) of “Underground Parking – The Devil is in the Details,” and discussed the parking garage, stating the essence of this submission revolves around underground parking to facilitate the concept they are going to keep all the retail and commercial. The parking garage would be in the water and he is contending that it is not constructible and is not financially feasible. He said it severely imposes the elevations of their office building and for those reasons, it won’t work and will never be delivered. If it’s not delivered, they won’t have the retail or the commercial. If they perfect the parking garages, they will still be taking away retail.
Mr. Ryan discussed the parking garage water table, referring to the Presentation Booklet’s geotechnical report page (received and filed) by Ardaman & Associates showing the Boring Location Plan, and explained why the parking garage is not constructible and why they can never see underground parking garages in Florida. Mr. Ryan referred to the Sheet Piling/Retaining Forms for Garage Parking Concept and said to build the ramp to provide access into the building, the applicant would need to displace probably 22 spaces of surface parking to gain 24 spaces in the underground parking garage. He continued with discussing the Garage Parking Access Cross Section (to scale), stating if the access ramp is extended at an 8% slope, it is going to completely blemish the entire eastern elevation of the building. He reviewed The Original Bargain – Thru MA#2 and advised the view that would be seen from two stories would be a block wall and that would ruin the market viability and interest. He discussed the Code Minimum Parking Requirement and said the way the applicant dealt with the parking was to say they will tow everybody on the main street after the hours of 8:00 a.m. He said he doesn’t believe anybody thinks that is reasonable. He is begging the applicant to quit on the apartment complex concept and do something else. The apartments won’t work and will ruin the development along with his building. He asked the Board to give closure to this item.
Mr. McMillan confirmed with Mr. Ryan that he wants his previous arguments/presentation regarding apartments to be incorporated into the Record today. Mr. Ryan stated he wants to include their defense regarding transitional buffers, overreaching density, mayhem on “Main Street”; disorientation (the whole argument), and the buildings orientated through them.
Chairman Carey stated the last issue before the Board was defeated and this is a different plan today. Whereupon, Mr. McMillan said the Board doesn’t have to accept Mr. Ryan’s arguments, but he wants them on the Record rather than having to present them all again. He wants to have them reflected and incorporated.
Mr. Ryan stated he wants to advance all the arguments before relating to apartments.
Attorney D’Arelli objected to Mr. Ryan’s request. He said this is a different application, and he is not the same counsel that represented the applicant at the other hearing and has not had an opportunity to look at that evidence and/or cross-examine the speaker today.
Mr. McMillan advised the Board prevailed with the 5th DCA that the cross-examination is not necessary.
Chairman Carey stated she agrees that she would object to Mr. Ryan’s request, but if he has a document that he wants to submit into the public record to become a part of it, the Board would be happy to take that. She explained that she thinks this is a different application, process and product and she is not interested in considering that for what the Board is considering today. However, if Mr. Ryan has a presentation package and it had a lot of that information in it and he wants to submit that to the Clerk to be a part of the public record, she thinks that’s fine; but she is listening to the testimony as it’s being given today and she hopes that’s what the other Commissioners are doing.
Commissioner Dallari stated he has no issue with advancing that information as part of the public record.
Commissioner Henley said the data the Board has in the back-up, including the minutes from the Planning & Zoning Commission, are all a part of the record. He doesn’t think the Board needs to take any further action.
Mr. McMillan advised that will be considered part of the record but not information or things submitted at the last hearing.
Paul Partyka, 292 Solaris Wharf Street, addressed the Board to state this is a simple issue of fairness and what’s right. The vision is one of diversity of not just uses but also ages. The project brought in was a town center concept plan. Some have worked around the country and some have not, and a lot of that has to do with the economy. The simple fact is there were people who bought into this concept. This is something that Mr. Ryan bought into. He actually invested $4 million into this and prepared to build two buildings. At this point, he has bought into the initial vision of a town center, a mixed-use lifestyle center, and is geared up to be the focus for all the development in the area. The economy is bad and they have lost a lot of retail, residential and office. He said Mr. Ryan was able to get the funding from Pinnacle Bank, so they believed in the project. Like other good projects, it needs to have some tweaking as it evolves, but this is a major change. He stated the economy will improve and get better, so the key is will the vision remain the same. What they don’t want to do is jeopardize the vision of this project for a short-term situation. He urged the Board to support Mr. Ryan’s project.
Carol Smith, 5392 Factors Walk Drive, addressed the Board to state she has been trying to follow what’s been going on with this development. She reviewed an earlier amendment in 2008, where the density of the residential was increased from 20 to 60 (200%), and now the applicant is coming back and asking to increase the density of the residential units from 60 to 110 (83%). As she walks through Byron Anthony Place and sees the size of the property, her concern is the number of residents the applicant is trying to put in there along with the commercial. When she looks at what’s being done with the parking, the applicant is getting very creative to meet the parking requirements. To her, that says the density is more than what this land can stand. Her concern is the density and the number of residents he’s trying to put in this little portion. She said the apartment building is not the only place that would support the retail. The Ashton Woods community is on both sides, Tall Trees behind, and an approved plat for 170 hotel rooms across the street which will also feed the retail within this development. Looking at the future, they have 429 that is going to have an interchange right down the street, which is going to impact the traffic in this area. She said they also need to think long-term to the use in this area. She stated she is opposed to the density and how it’s going to impact their neighborhoods.
Cynthia Long, 845 Belles Ferry Loop, representing her neighbors, addressed the Board to state when she bought her townhome, she bought it with the vision of a town center something like Winter Park Village and Colonial Town Center. She hopes that vision will still be built. She is one of those people the applicant is looking to market to. She bought where she did because she felt it was the kind of place where she wanted to live. The apartments did not fit into that category. She was sold the vision of a town center and not a huge apartment complex behind her house. She thinks the apartments will totally ruin the quality of life in their neighborhood and ruin the opportunity for more retail and office space to be built. She also doesn’t think the apartments will help with the economy as far as providing additional jobs, but building and constructing the retail and office will provide the jobs needed. She said if you look at the plan presented today, there is no open space, so the people will walk in her area. The applicant has included the open space at her house to help out with their project. She noted that under the vehicle and pedestrian circulation system, the applicant has taken out Portions C and D which is a requirement to look at modifying the parking spaces later on. She thinks that needs to stay. Further, as she understands it, the underground parking may not ever be built if the second floor component is not built. She asked for clarification on that.
Chairman Carey stated those answers will come as this moves along. If the applicant can’t provide the parking, they will have to reduce the number of units.
Ms. Long noted that the previous units were 60 condos and not apartments.
Will Turner, 5739 Byron Anthony Place, President of the Savannah Park North Condo Association, addressed the Board to state he has Petitions, as shown on page _______, from 165 others opposing anything related to additional apartments and submitted same. He submitted a letter (received and filed) from John Reny, Division President of Ashton Woods Homes, objecting to the requested Major Amendment. He read some of the comments (received and filed) from the Planning and Zoning Commission meeting concerning the conflicts in parking and compromising of the codes.
Chairman Carey confirmed with Ms. Hammel that the County Code does allow for the reduced parking size spaces.
Neal Ungar, 141 Stoney Ridge Drive, CFO of Savannah Park North, addressed the Board to state he has been involved with this project from its inception. He said as far as he has seen in the history of this project, the applicant has never appeared to have made any effort at filling the retail and commercial components of this development. He feels that this particular solution is a gateway to more apartments because they are in the mode of debt retirement and whatever is the most convenient at the time for them will be the easiest solution to satisfy their financial interests. He stated he opposes the project and does not believe the retail or commercial will ever be built. He said he has heard that the PUD’s are just a suggestion and the Board cannot make the applicant do any piece of the PUD, as long as they do what’s been approved.
Attorney D’Arelli gave rebuttal comments stating they worked very hard to get the retail component back in this project, so the actual reduction in commercial, retail and offices is very minor. They are just repositioning uses on the site to where their experts have opined it is more feasible. Regarding the form of ownership of the units, he said the law does not regulate whether units are owned or rented. He said you are often better to have a managed project, like this would be, when you have owners renting their own condos. The fact they are going to have an increase in density is going to go more to the viability of the project in terms of putting more feet on the street to shop at the retail with disposable income. He said they should not be engaging in engineering issues at this discussion. The parking garage will go through full engineering at the appropriate time. He stated he can name numerous projects he has been involved in that have underground parking structures, and it’s done all the time.
No one else spoke in support or in opposition.
Joan Levy and Dower Drummond were in attendance, but did not speak.
Written Comment Forms in opposition from Dale Dicou, Darrell Ealey, and Louis and Sylvia Silva were received and filed.
Speaker Request Forms were received and filed.
District Commissioner Carey stated this project, while requesting a Major Amendment, is still a multi-use development. The only difference is the mix is not integrated vertically in the residential building. It has always had residential, commercial retail and office. She said as a PUD is being developed, it is not uncommon for the land owners to request amendments. She thinks the applicant has worked very hard to respond to the comments of the Board. She also thinks it was previously addressed to bring back the retail, and the commercial retail on the street makes a lot of sense. She reminded the Board that the vision of the International Parkway Corridor has always been a higher density, with greater intensity and a mix of uses. She believes the request is consistent with the Comprehensive Plan and the vision of this Board in the area. She recommended approval of the requested Major Amendment.
Motion by Commissioner Henley to approve the Major Amendment to the Savannah Park at Heathrow Planned Unit Development (PUD) on 9.85 acres located on the west side of International Parkway, between Wilson Road and Wayside Drive; as described in the proof of publication, Savannah Meridian Acquisition Group.
Commissioner Carey surrendered the gavel to Commissioner Henley in order to second the motion.
Under discussion, Commissioner Henley said he agrees with staff and thinks this meets the County’s Comprehensive Plan. He reminded the Board and the people that there was quite an extensive study done under “How Shall We Grow?” which gave specific recommendations that this Board unanimously adopted saying they would apply those principles to the developments as they came forward, in order to keep with the determination of over 20,000 people who had input into that discussion. He said he is happy to see the increase in the apartments and restoring some of the commercial that was questioned before. He thinks it is important for them to understand that this is not the first time the Board has had a request to increase apartment units in a PUD. Since this is a multi-use, it is important that they recognize the increase of that; and at the same time, they are probably reducing traffic since the residents could shop and, perhaps, work on site. Regarding the underground parking, that’s the applicants’ problem and if they can’t do it, they will reduce the units. He thinks the project is viable and increases the taxes for the County and will provide some badly needed jobs in this area.
Commissioner Dallari stated he will not be supporting the project for a couple of reasons. He said they went from 20 apartments to 60 and now they want to go to 110. They are basically making this an apartment complex. The square footage for the retail and commercial is coming back, though it’s not where it was. He said this is not a residential apartment complex. Looking at International Parkway, it’s gone from a 25 ft. setback to 20 ft. They are really squeezing this in and making it a very dense residential apartment complex. That’s not what the PUD’s intent was from the beginning and that’s why he will not be supporting this project.
Commissioner Van Der Weide stated he doesn’t see anything today that would change his mind from the other two times he has voted on this other than the fact it is becoming more intense and apartment-oriented. He said they owe some allegiance to the people already there, based on the assumptions they thought were real. This is changing by the wind.
Districts 4 and 5 voted AYE.
Commissioners Dallari and Van Der Weide voted NAY; whereupon, the motion failed for the lack of a majority vote.
Commissioner Horan abstained from voting due to a conflict.
Upon inquiry by Commissioner Henley, Mr. McMillan stated that rather than the hearing ending with no action, he would recommend the Board make a motion to deny so the applicant has a final determination and he can proceed with an appeal if he wishes to do so.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to deny the request for a Major Amendment to the Savannah Park at Heathrow Planned Unit Development (PUD) on 9.85 acres located on the west side of International Parkway, between Wilson Road and Wayside Drive; as described in the proof of publication, Savannah Meridian Acquisition Group; Denial Development Order, as shown on page _______.
Districts 1, 3, 4 and 5 voted AYE.
Commissioner Horan abstained from voting due to a conflict.
Commissioner Henley returned the gavel to Commissioner Carey to resume the duties of Chairman.
Commissioner Horan submitted a Memorandum of Voting conflict, as shown on page _______.
Chairman Carey recessed the meeting at 5:19 p.m. and reconvened it at 5:27 p.m. Commissioner Horan returned to the meeting at this time.
Chairman Carey announced that the Acting County Manager advised her that the libraries will be closing at 6:00 p.m. this evening due to the severe storm warnings with strong winds expected at 7:00 p.m.
Wekiva Island Rezone/
Wekiva Green Camp, LLC
Proof of publication, as shown on page _______, calling for a public hearing to consider the Wekiva Island Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately 5.5 acres, located at the northern terminus of Miami Springs Road, Wekiva Green Camp, LLC, received and filed.
Ms. Hammel presented the request and reviewed the project history, property history, and the zoning analysis. She stated the Planning and Zoning Commission met on December 1, 2010 and unanimously recommended approval of the request to rezone, subject to the conditions of the Development Order. Staff has reviewed the PUD Preliminary Master for compliance for the requirements of the Comprehensive Plan and is also recommending the Board approve the Wekiva Island Rezone, per the conditions in the Development Order.
Attorney Damon Chase, Chase, Freeman, representing the Wekiva Green Camp, Wekiva Island Marina, addressed the Board to state the request is to rezone the property to Recreation and the Future Land Use is Recreation. He asked for those in attendance in support to raise their hands, and approximately 12 persons raised their hands. He reviewed that over the past year and a half, they have met many times with staff and the neighbors and have come to agreements and then additional things are requested of them. He said everybody has agreed with the Development Order presented today. He asked if they can make a minor change to increase the hours of operation on Fridays and Saturdays only from 9:00 p.m. to 11:00 p.m. He explained they have lost substantially more money this year because they are closing on Friday and Saturday nights at 9:00 p.m.
Matt West submitted to the Record his letter (copy received and filed) dated November 9, 2010 to Ms. Hammel with documents presented for the December 1, 2010, Planning and Zoning Commission meeting. He reviewed the documents submitted. He gave a PowerPoint presentation (copy received and filed) and advised if the Board approves this request, they will be doing wetland buffer restoration; will have water quality on the site, parking limits are in the Development Order; there are restrictions on no additional permanent buildings; there is an educational component; traffic calming is introduced into this development, subject to the County Engineer’s approval; they are reducing the impervious areas; promoting green building techniques; restricting the hours of operation; and alcohol is restricted to beer and wine only.
Dr. Mike Dennis, Breedlove, Dennis & Associates, addressed the Board to continue the PowerPoint presentation, stating this is an existing long-established recreational facility; the proposed activities don’t impact wetlands; this should not have any additional or changed impacts on any listed protected species; the project would benefit the environment for the reasons noted with stormwater treatment and buffers; and they have met with the appropriate permitting agency, Department of Environmental Protection, and gone over the project and what activities need a permit and those that do not.
Chairman Carey asked Brett Blackadar to speak concerning his memorandum regarding the traffic calming devices.
Brett Blackadar, Acting Assistant County Engineer, addressed the Board to review the staff’s recommendation for using a speed display board to be put closer to Miami Springs Road near the intersection with Wekiva Springs Road with the applicant to pay for the cost of the sign and maintenance of the sign in the future. Whereupon, Chairman Carey said if the Board takes into consideration the staff’s recommendation, a change to Item (j) of the Development Order would need to be addressed by the Board. Discussion ensued regarding the recommendation.
Attorney Chase stated they are going to do whatever is necessary to make sure the traffic is good. If the motion is for them to take care of the traffic monitoring device, they would like it to be at peak times so they are not having to maintain it all during the winter, and they would prefer solar.
Chairman Carey noted she was just pointing out that the Engineering Department said they think a more beneficial solution to traffic calming would be the sign versus building the raised medians and possibly having to address other things. She said the property owner nodded his head that he was in agreement.
Mike Barr, 1003 Leeds Court, addressed the Board to state he relinquishes his time to speak.
Written Comment Forms from Dawn Beske and Kelly Watkins in support were received and filed.
Chris Knipfing, 957 Bearded Oaks Terrace, President of Sweetwater Springs Homeowners Association, addressed the Board to state he has attended all of the public meetings and participated in numerous negotiating sessions with the applicant in good faith and for them to come now and request an extension of the hours of operation significantly changes the dynamic of their negotiation. He thinks this is unfair, and the Board should either rule on the deal as it was approved by the Planning and Zoning Commission on December 1, 2010, or table this and have an opportunity to discuss the massive impact this will have on their community. He discussed some issues in the Development Order regarding the following: Item (3)b.5., River Cabana Rental, and requested the language be changed to “will be completely removed to meet temporary status”; and Item (3)b.8., Sale of beer and wine, Mr. Knipfing asked that the P&Z staff ask for and review the survey carefully referenced by Mr. West during the site plan and final master plan process.
Mr. Knipfing stated the position of the majority of the Sweetwater Springs residents has never been to shut the applicant down. They support the Wekiva Island’s efforts to clean up the property, provide environmental education and continue public access to the river. They agree with the question raised at the P&Z meeting that if the applicant’s intent is for eco-tourism, why is there a need to be open after dark. He asked the Board to consider his comments about the hours of operation.
No one else spoke in support or in opposition.
Speaker Request Forms were received and filed.
Attorney Chase gave rebuttal comments regarding the hours of operation and said as it stands now, they can stay open as late as they want. They were willing to try to do things as closely to what the neighbors were asking, but if they don’t stay open later on Friday and Saturday nights, they will go out of business. He said 11:00 p.m. is reasonable and ties in with the way the property has been used for decades.
District Commissioner Van Der Weide stated the Board could make sure this place never operates. They could set so many rules that the citizens would never put their foot in the water, and it would be just set aside for a few homeowners. If they make the business close at the hours agreed upon in the Development Order, he doesn’t see them being able to survive. That’s why he has no problem going with the change.
Commissioner Henley said he thinks that’s a reasonable request. In all the years he has been on the Board, he doesn’t recall them being that restrictive on a business’s hours of operation.
Chairman Carey clarified with Ms. Hammel that there will be no outdoor amplification after 6:00 p.m.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to enact Ordinance #2011-3, as shown on page _______, approving the Wekiva Island Rezone from A-1 (Agriculture) to PUD (Planned Unit Development) for approximately 5.5 acres, located at the northern terminus of Miami Springs Road; as described in the proof of publication, Wekiva Green Camp, LLC, with staff findings and stipulations in the Development Order, as shown on page _______, with exceptions to Item (3)c.1. changing the hours of operation limited to 8 a.m. to 11:00 p.m. on Friday and Saturday nights; and Item (3)j. amended to approve the staff’s recommendation for a flashing sign instead of a calming island.
Districts 1, 2, 3, 4 and 5 voted AYE.
REGULAR AGENDA, Continued
Chairman Carey advised that the request by The Wekiva Green Camp, LLC, for a Special Event Permit to allow an outdoor Super Bowl Party at The Wekiva Island from 4 p.m. to 12 a.m. on February 6, 2011, has been withdrawn.
Chairman Carey advised she had confirmed with Assistant County Manager Sabrina O’Bryan that her report on legislative activities could be put on hold, so she will pass over the Legislative Update.
Chairman Carey stated the Oviedo and Winter Springs Joint Economic Development Task Force By-laws states one senior staff member will be designated by the Board of County Commissioners. She recommended appointing Nicole Guillet.
Motion by Commissioner Horan, seconded by Commissioner Henley, to appoint Nicole Guillet to the Oviedo and Winter Springs Joint Economic Development Task Force.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey recommended appointing Carol Hunter to the South Seminole North Orange County Wastewater Transmission Authority and reappointing Dr. Joseph Vaughn to the Animal Control Board.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to appoint Carol Hunter as the County’s representative to the South Seminole North Orange County Wastewater Transmission Authority (SSNOCWTA), replacing Dennis Westrick, and reappointing Dr. Joseph Vaughn, Veterinarian, to the Animal Control Board.
Under discussion, Commissioner Henley said something has to be done to straighten out all the confusion with Animal Services.
Commissioner Van Der Weide said he used to attend the Animal Control Board meetings and he was not impressed with the Veterinarian representative.
Chairman Carey stated she has known Dr. Vaughn for years and she is not opposed to him.
Mr. Forte asked the Board to include Gary Rudolph in the motion for appointment to SSNOCWTA as the alternate.
Commissioner Dallari amended the motion to include Gary Rudolph as the alternate appointment to SSNOCWTA and Commissioner Henley agreed to the amendment.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
Chairman Carey stated she attended on Wednesday, Jan. 12, the Central Florida Commission on Homelessness and said the 2011 Point and Time Count for the Homeless will be held this Friday, Jan. 28. If anyone is interested, she has the information in her office for more details.
Chairman Carey asked for clarification on the Gaming Ordinance from Mr. McMillan. She asked at the time there is litigation, who will be prosecuting that.
Mr. McMillan said he will be meeting with the Sheriff’s Office on Monday to discuss this. He said he would not be doing anything until he brings issues back to the Board for direction. Discussion ensued.
Commissioner Van Der Weide said if they are not careful, they can make sure these matters never get taken care of. Mr. McMillan said the Sheriff has options besides taking cases to the Code Enforcement Board. He said he doesn’t see the Code Enforcement Board as an effective tool for dealing with the big issues, but they may be a tool for citing individuals who violate the code.
Chairman Carey advised she received information on medical cards for prescriptions from Coast to Coast that is similar to the NACo program. She forwarded that information to Mr. Forte’s office who forwarded it to Michelle Saunders to look into. She is in the process of talking to other counties who have switched to this service to see if it’s better, how it works and what the difference is. Chairman Carey said she will bring this back to the Board.
Chairman Carey stated a number of counties are waiving their impact fees and doing a lot of things to encourage development in their counties. She suggested that Seminole County streamline their process. She asked Nicole Guillet and Tina Williamson to put some information together regarding that and a couple of things they came up with was to shave a week or two off of the current review cycle without creating a hardship on the staff, but all the Departments need to be involved in the review process. Chairman Carey asked if it is the consensus of the Board to look at streamlining the process in the Planning Department in order to remain competitive.
Commissioner Dallari said he thinks this is a great idea, but they need to check with the seven cities to see if they are willing to do the same.
Chairman Carey said also that some counties offer a premium fee that can be paid if someone wants to expedite the permit. Seminole County’s Planning Department does not do that. She thinks there are a lot of things the County can do and she wanted to get consensus from the Board for the Planning Department to continue with this.
Mr. Forte advised that before the holidays, he tasked the Business Process Management Group to evaluate the current process that the Building and Planning Departments use. They have mapped that out and met with Ms. Guillet, and he is setting up a meeting with ACM Sabrina O’Bryan, Ms. Guillet and that team to look at how they can streamline that. He doesn’t think the Chairman needs to get a consensus as staff is underway to get that done.
Chairman Carey stated they need the departments leading the charge on how they are going to move these things forward. As surrounding counties have already taken action to waive their impact fees, they can’t afford to wait six months or a year before getting this back to the Board to have some suggestions, so she would like to see this come back pretty quickly.
The Board voiced no objections. Whereupon, Chairman Carey directed Mr. Forte to make it a priority to finish and continue the mapping.
Chairman Carey stated there is a lot of discussion going on at the Regional Planning Councils regarding the future of Regional Planning Councils and she and Commissioner Horan will keep the Board abreast of that.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Memorandum dated December 14, 2010 to Recipients of the Mars Science Laboratory 2006 Final Environmental Impact Statement from the Mars Exploration Program Executive re: Modified Record of Decision.
2. Memorandum dated January 7, 2011 to Property Owner from the City of Casselberry Planning Division re: change of zoning designation of a portion of the property at 1060 Seminole Blvd.
3. Letter dated January 9, 2011 to the Board of County Commissioners from Audrey Posocco re: reform of Seminole County Animal Services (enclosure of 100+ petitions).
4. Letter dated January 10, 2011 to Chairman Brenda Carey from the Florida Dept. of Health re: EMS County Grant Program.
5. Memorandum received January 10, 2011, to Chairman Brenda Carey from the U.S. Department of Housing and Urban Development re: request for release of funds and certification.
6. Letter dated January 11, 2011 from Chairman Brenda Carey to The Grove Counseling Center re: the Heart of Florida United Way “Developing Healthy Children and Families” Initiative Grant.
7. Letter dated January 11, 2011 from Chairman Brenda Carey to the National Center on Senior Transportation re: grant application.
8. Letters dated January 11, 2011 from Chairman Brenda Carey re: Board liaison appointments as indicated below:
to John Metsopoulos appointing John Horan to the 17-92 CRA;
to Joe Montisano, Central FL Zoo, appointing Brenda Carey to the Zoo Board;
to Capt. Greg Barnett, Sheriff’s Office, appointing Brenda Carey to the Seminole Community Alliance;
to Tawny Olore, Central Florida Commuter Rail appointing Carlton Henley to the Central Florida Commuter Rail Commission;
to Jacob Stuart appointing Carlton Henley to MyRegion.org;
to Phil Laurien appointing John Horan and Brenda Carey to the East Central Florida Regional Planning Council;
to Frank Hale appointing Bob Dallari to the Envision Seminole Board;
to Andrew Van Gaale appointing Dick Van Der Weide to the Port Authority;
to John Delaney appointing Brenda Carey to the St. Johns River Alliance;
to Margot Knight appointing John Horan to the United Arts Board;
to Maryanne Morse appointing Dick Van Der Weide and Bob Dallari to the Value Adjustment Board;
to Jennifer Taylor appointing John Horan to the YouthBuild Board; and
to Carol Foster appointing Bob Dallari to serve on CALNO.
9. Notice of meeting from the City of Lake Mary re: Sand Pond Road and Skyline Drive Roadway improvements.
10. Letter dated January 11, 2011 to Chairman Brenda Carey from the City of Sanford re: the appointment of Mayor Triplett to serve on the Mayor/Managers Council and Comm. Williams to continue to serve on the TDC.
11. Letter dated January 11, 2011 to Chairman Brenda Carey from the City of Sanford re: the appointments to represent the City on the 17/92 CRA.
12. Letter dated January 14, 2011 to the Florida Public Service Commission copied to the Seminole County Commission re: Case #0989662-C.
13. Letter dated January 19, 2011 to Robert C. Hopkins from the City Clerk of Sanford and copied to Chairman Brenda Carey re: appointment to the Sanford CRA.
DISTRICT COMMISSIONERS’ REPORTS
Chairman Carey recommended a motion to appoint Pamela Neil to the Library Advisory Board and a Resolution of Appreciation to Rose Reeves for her service on that Board.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to appoint Pamela Neil to the Library Advisory Board for a two-year term expiring January, 2013; and adopt appropriate Resolution #2011-R-21, as shown on page _______, of Appreciation to Rose Reeves for her service on the Library Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari said he wants to make sure Mr. Forte has all the petitions and letters received in two weeks regarding the Animal Control Board, and he submitted his copies of same to Mr. Forte. Mr. Forte stated he has a meeting scheduled this Friday with Mr. Stone and Mr. Woodward, Animal Services, to discuss this.
Commissioner Dallari said he has noticed lately that staff is forwarding their phones to the “Help Desk.” Mr. Forte stated he will be addressing that this Friday with the Directors.
Commissioner Dallari asked Mr. Forte to give the Board an update in the future on the copier/scanner replacement schedule that the Board talked about last year. Mr. Forte said the County will not buy multi-function devices while paying leases on existing equipment, but as they fade out, something will be done. One unit is being purchased for Environmental Services and four others are coming. Commissioner Dallari asked to receive a written report.
Commissioner Horan announced that Commissioner Dallari received an award from the organizers of the Highlands Festival for his participation in that event.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to appoint Bob Steenson to the Leisure Services Advisory Committee for a term ending January 1, 2014; and adopt appropriate Resolution #2011-R-22, as shown on page _______, of Appreciation to Tom Donihi for his service on the Leisure Services Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to reappoint the following: Rex Clonts, Jr. to the Agriculture Advisory Committee for a two-year term ending January 1, 2013; Debra Garramone-McMenemy to the Animal Control Board for a one-year term ending January 1, 2012; Marti Chan to the Contractor Examiner Board for a one-year term ending January 1, 2012; Rosealee Wright Cook to the Historical Commission for a two-year term ending January 1, 2013; Paul Zuromski to the Historical Commission for a two-year term ending January 1, 2013; and Mike Bowdoin to the Planning and Zoning Commission for a four-year term ending January 1, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to adopt appropriate Resolution #2011-R-23, as shown on page _______, of Appreciation to Elizabeth Murphrey and Resolution #2011-R-24, as shown on page _______, of Appreciation to Doreen Kirk for their past service on the Disability Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Van Der Weide, seconded by Commissioner Dallari, to appoint Lance Lafleur to the Agriculture Advisory Committee for a two-year term ending January 1, 2013.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Henley reported on a previous code enforcement case for Mr. Alan Davis that the yard is junkier than it ever was.
Commissioner Henley reported that he attended and spoke at a meeting sponsored by Progress Energy in the Winwood area on their energy savings program and about 75 people showed up. Progress Energy presented and he accepted, on behalf of the Board, a plaque from them. Commissioner Henley said he thinks this is a good program and there was excellent response to it in Winwood. Chairman Carey read the plaque to the Board and submitted it to Mr. Forte for placing in a prominent space.
COUNTY MANAGER’S REPORT
Mr. Forte asked the Board to appoint Brett Blackadar as the alternate to the Commuter Rail Technical Advisory Committee.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to appoint Brett Blackadar as the alternate to the Commuter Rail Technical Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Forte asked the Board to allow him, through the County Attorney’s Office, to file a petition for an administrative hearing concerning the cost-sharing reconciliation of the DJJ for the 2009-10 bill; and request permission, through the County Attorney’s Office, to petition and intervene in concerns involving the cost-sharing of the 2008-09 DJJ bill. He explained the reason for same.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to authorize Mr. Forte, through the County Attorney’s Office, to file a petition for an administrative hearing concerning the cost-sharing reconciliation of the DJJ for the 2009-10 bill; and authorize permission, through the County Attorney’s Office, to petition and intervene in concerns involving the cost-sharing of the 2008-09 DJJ bill.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated on the DJJ, the Sheriff is looking at possibly taking that over in the County since they can’t seem to control the cost from the State.
Mr. Forte advised with the Board’s approval, staff would like to bring back some changes to Chapter 40 of the Seminole County Code at the next meeting with regards to how the Building Official takes a position on certain things. This deals with issues on permits that expire.
The Board gave consensus for staff to bring this back at the next meeting.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 6:15 p.m., this same date.