BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JANUARY 27, 2009
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF
SEMINOLE COUNTY, FLORIDA, held at 9:33 a.m., on Tuesday, January 27, 2009,
in the SEMINOLE COUNTY SERVICES BUILDING
at SANFORD, FLORIDA, the usual place
of meeting of said Board.
Present:
Chairman
Bob Dallari (District 1)
Vice
Chairman Mike McLean (District 2)
Commissioner
Dick Van Der Weide (District 3)
Commissioner
Carlton Henley (District 4)
Commissioner
Brenda Carey (District 5)
Clerk
of Court Maryanne Morse
County
Manager Cindy Coto
County
Attorney Robert McMillan
Deputy
Clerk Eva Roach
Pastor Wendell Bishop, First Baptist Church, Sanford, gave the
Invocation.
Ryan Sanford, Seminole High School Football Team Captain, led
the Pledge of Allegiance.
AWARDS & PRESENTATIONS
Motion by Commissioner Carey, seconded by Commissioner McLean to adopt
appropriate Resolution #2009-R-16, as shown on page _______, recognizing the
Seminole High School Football Team for winning the State Championship.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board presented the Resolution to Coach Mike Cullison and
the team of Seminole High School Fighting Seminoles. Coach Mike Cullison addressed the Board to
express his appreciation on behalf of the Seminole High School Football team. He announced that Andre Debose was selected by
the Parade Magazine as an all American team member.
Mike Gaudreau, Seminole High School Principal, addressed the
Board to thank the Board for recognizing the football team. He stated the recognition that the Board has
given the team will live with them forever.
-------
Janet Davis, Human Resources Director, addressed the Board to introduce
and present the 2008 graduating Employee Academy Class members with plaques.
-------
Chairman Dallari recessed the BCC meeting at 9:55 a.m. for the
purpose of convening the U.S. Highway 17-92 Community Redevelopment Agency meeting.
US 17-92 CRA
John Metsopoulos, Planning & Development, addressed the Board to
present request to approve the U.S. 17-92 CRA Redevelopment Grant Agreement
between the CRA and SafeHouse; and to approve a Resolution implementing Budget
Amendment Request (BAR) #09-26 through the Community Redevelopment Fund in the
amount of $42,667.
Motion by Commissioner Carey,
seconded by Commissioner McLean to authorize the Chairman to execute the
U.S. 17-92 CRA
Redevelopment Grant Agreement, as shown on page ________, between the CRA and
SafeHouse; and adopt appropriate Resolution #2009-R-17, as shown on page
_______, implementing Budget Amendment Request (BAR) #09-26 through the
Community Redevelopment Fund in the amount of $42,667.00.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Dallari adjourned the CRA meeting at 9:58 a.m.,
reconvening the BCC meeting at 9:58 a.m.
COUNTY MANAGER’S CONSENT AGENDA
Cindy Coto, County Manager, addressed the Board to advise that
Item #8, Approve Amendment #4 to PS-5191-05, has been pulled from the agenda and staff will bring it back in February.
Commissioner Carey stated she would like Item #10, adopt
Resolution amending Cooperative Extension Fee Schedule; Item #14, Revisions to
Animal Services Program Fee Resolution; and Item #18, Resolution amending
Library Services Fee Schedule; be pulled
for separate discussions. She stated
she would like Item #17, authorize scheduling a public hearing relating to
using non-ad valorem assessment for stormwater management, be pulled for discussion as well.
Commissioner Carey stated with regard to Item #17, the Board
asked that a stormwater report be done and brought back to the Board and she
hasn’t seen that yet. This particular
action is giving the Board authority to establish a MSBU to replace the MSTU
that they currently have. She said she
would like to know why this action is coming before the Board today.
Lisa
Spriggs, Fiscal Services Director, addressed the Board to explain that during
the budget work sessions last year they had discussions with regard to having a
study done and that is currently underway for a stormwater assessment fee. She stated statutorily, in order to keep the
option open for the next fiscal year and to be able to levy an assessment, they
would have to provide a resolution of intent by March 1st. What this does is modify the ordinance they
currently have as an MSTU and that changes that district to an assessment
district. This action would not enact
any type of assessment but would allow them the ability to do that during the
next taxing year.
Ms. Spriggs explained for Commissioner Henley what the
difference is between a taxing district and an assessment district.
Commissioner Henley stated if staff knew what the deadline was
to advertise, why didn’t they make sure the report was completed. He stated his concern is if they had the report
ahead of time, then they probably would know whether or not they really want to
go forward.
Ms. Spriggs advised the March 1st deadline would enable
them to collect it through the tax roll.
Commissioner Van Der Weide stated the big issue is people get
nervous in trying times when there is a possibility that they are subject to
another tax. He said this doesn’t mean that
they are going to put one in place. He
added if they decide to do it, he would like to know how long it will be to get
a tax in place.
Ms. Spriggs stated this would allow the Board to be able to do
an assessment on property taxes for fiscal year 2010. She further stated what they are amending is
the MSTU and this would set the frame work for assessment.
Commissioner Van Der Weide stated he will not be supporting this
because he is taking a very dim view on any fee increases or any new taxes.
Commissioner McLean said they are probably getting in a
situation where they are not going to be in a position to look at the results
of that study until the end of this year.
Ms. Coto stated the study was done in two phases and phase one
will probably be completed in the spring.
Staff will be presenting the results from the consultants during the
budget process. The Board will then give
staff an indication as to whether or not they are interested in pursuing that particular
fee. If so, then they would look at how
they will go forth with respect to the overall implementation. This item is intended to be a place holder
just as the MSTU has been since 1993. Staff’s
perspective was if the Board decided to proceed forward with the stormwater
fee, a benefit unit is more defensible than a taxing unit from the standpoint
that it is based upon taxable value versus the benefit the property receives. The consultants believed that this would be
the appropriate manner in which to have a place holder should the Board decide
to proceed forward.
Commissioner Carey stated in 1993, the Board enacted an MSTU taxing
authority for stormwater and they never levied a tax on that, but without
seeing the beginning of the report, how do they know that maybe a taxing unit
isn’t what they want to do. She further stated
the Board may want to do a taxing unit rather than a benefit unit. If the Board takes this action, they are
committed to a benefit unit versus a taxing unit. She said she hasn’t seen anything that tells
her one is better than the other.
Upon inquiry by Commissioner Henley, Ms. Coto advised the study
is proceeding. If the Board decides to
implement collection of the fee and, in doing so, if the Board decides to
proceed forward in Fiscal Year 2009/2010, they have the mechanism in place to
do so. If the Board does not take this
action, they can create a MSBU at a later date but they will lose a year of collections.
Kathy Moore, MSBU, addressed the Board to advise the Board can
amend or repeal the ordinance at a later date but it is not mandatory that be
done at the public hearing.
Commissioner Van Der Weide stated he has not seen the study and
he is not ready to move forward with this.
The Board can analyze the study when it comes back.
Commissioner Carey stated she was told that this action would
amend the ordinance and replace it with a MSBU versus a MSTU.
Guy Minter, Deputy County Attorney, addressed the Board to advise
the item they have now is a resolution to elect the collection of non ad
valorem assessments. This resolution
does not reppeal or amend an ordinance.
There is a request to advertise an ordinance that will be heard the same
day and that ordinance would have the effect of repealing or amending the MSTU ordinance. If the Board wants to leave that option open,
they can leave the MSTU ordinance in effect.
The Board could adopt an MSBU ordinance on February 24, and both options
would be available until they receive the study.
Upon inquiry by Commissioner Henley, Mr. Minter advised four weeks
of advertisement is required for the method of collection, and they would need
to adopt the resolution by March 1st. Discussion ensued.
Mr. Minter stated staff can modify the ordinance so that it
doesn’t repeal or amend the MSTU ordinance.
They would just create a new MSBU for stormwater.
Mr. McMillan stated he recalls that a stormwater utility study was
being done. The MSTU was created to
serve as a potential bridge to the MSBU so that the Board would fund the
stormwater program by MSTU for a year until they put the MSBU in place because
of the delay in getting the special assessments done. The Board could levy the tax for the first
year and then convert it later to an MSBU.
Upon inquiry by Commissioner Henley, Gary Johnson, Public Works
Director, addressed the Board to advise staff is nearing the completion of the
first phase of the study. That study is
what they would use to present budget options to the Board, and the second
phase, if the Board is interested in pursuing it further, would be more on the implementation
side. The initial scope of service is
validating the rules, looking at different parcel types, and looking at
different types of methodologies. The
one thing staff is looking at, which other municipalities may not have
considered yet, is tying the assessment to some of the works that are going to
be necessary to comply with the total maximum daily loads. Water quality issues that are forthcoming
over the next few years and will drive a capital program that could be funded
by this mechanism.
Upon further inquiry by Commissioner Henley, Ms. Coto advised she
is not sure that this issue was discussed during the joint City/County Managers’
meeting. Cities are contributing to some
of those basins.
Commissioner Henley stated there were some discussions in trying
to identify the areas they want to take a look at and study but it never got
beyond that phase. That is something
that they might want to consider. He
stated he would like staff to bring them up-to-date on exactly how much each
municipality levies.
Chairman Dallari requested staff to submit a per capita as well
as what it has been used for and how long it has been in place.
Commissioner Van Der Weide requested that this item be pulled for a separate vote.
Commissioner Carey stated what staff is trying to do is have all
the options available. She said she
agrees that timing is always critical and now is not the time for any new
taxes. If the Board wants to do a MSTU because
of the property tax reform formula, the taxing unit would count against
them. She stated she doesn’t want to eliminate a
decision made in 1993 that has never been funded. She is not really opposed to putting tools in
the tool box, but she is not supporting any new taxes.
Commissioner McLean stated he will be supporting the item
because he feels they need that flexibility.
If they do not take these steps, then they will be eliminating the
options they can consider.
Upon inquiry by Commissioner Henley, Mr. Minter advised the
thing that has to be done by March 1st is the resolution to do the method
of collection and there is no requirement to do the ordinance by March 1st. Staff contemplated adopting the ordinance to
set up the MSBU and then there would be a separate phase that would occur after
the Board receives input from the study.
The decision on the resolution needs to be done today in order to get the
four weeks of advertisement in.
Upon inquiry by Commissioner Carey, Mr. Minter advised if the Board
doesn’t do the ordinance on the same day, the resolution would reflect that
they have undertaken a study regarding the MSBU method of funding a stormwater
system. That would be reflected in the
resolution to utilize the method of collection if the Board adopts the MSBU
ordinance.
Upon inquiry by Commissioner Henley, Ms. Moore advised the Board
can leave the ordinance in place as is as there is no specific requirement to
have an ordinance established. The next
step in the process involves the decision-making, and there would be a second
public hearing at the time they have a completed assessment roll, and the
property owners’ assessment roll would be mailed out in early August.
Mr. Minter advised the uniform method of collection resolution
has to be adopted by March 1st to retain the option of using that
method of collection during the next budget year.
Commissioner Carey stated she does want staff to get the message
that they are going to use the MSBU to fund stormwater.
Mr. Minter stated the State statute authorizes local governments
to use a non-ad valorem collection way before an ordinance is adopted. The statute requires the County to pass a
resolution that they would like that option.
Motion by Commissioner Carey, seconded by Commissioner McLean to
authorize scheduling and advertising a public hearing to consider a Resolution
of Intent to use non-ad valorem assessment for stormwater management, and not
modify the MSTU that is currently in place.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Van Der Weide voted NAY.
-------
Upon inquiry by Commissioner McLean relative to Item #20,
Approve Interlocal Agreement for Public Transit Services with Lynx,
Commissioner Henley advised the Lynx Board has not had any problems with the
interlocal agreement. He stated they
have had some hang-ups with Osceola County that has to be resolved, but there
are no problems from Lynx regarding this.
Motion by Commissioner Carey, seconded by Commissioner McLean to
authorize and approve the following, excluding Items #10, #14, #18 &
#17.
County Manager’s Office
4. Approval by the Board of
County Commissioners to reimburse mileage expenses to and from various meetings
in Orlando for Commissioner Henley in the amount of $79,56.
Administrative Services
Purchasing
and Contracts
5. Award CC-3464-08/VFT, as shown on page ________, Expansion &
Re-vegetation of the Sweetwater Cove Treatment Pond in the amount of
$1,728,827.00 to All American Concrete, Inc. of Largo, Florida.
6. Award CC-3954-08/DRR, as shown on page ________, in the amount of
$165,930.00 to COMANCO Environmental Corporation of Plant City, Florida.
7. Approve Amendment #1, as shown on page ________, to RFP-4214-04/TLR
- Security Repairs, Maintenance and Upgrades Agreement with Site Secure, Inc.
of Sanford, Florida, to extend the final Agreement Period by one (1) year.
8. Approve Amendment #4, as shown on page ________, to PS-5191-05/TLR
with Brown and Caldwell, of Maitland, Florida, to increase the total
Not-To-Exceed Amount for the term of the Agreement by an additional $35,848.00.
Community Services
Administration
9. Authorize the Chairman to approve the re-appointment of Marie-Jose
Francois, M.D., and Gregg D. MacDonald for additional two (2) year terms to the
Board of Directors of the Local Health Council of East Central Florida, Inc.
Economic Development
Operations
11. Approve and authorize
the Chairman to execute the Second Amendment, as shown on page ________, to the
Economic Development Commission of Mid-Florida, Inc. Master Agreement to
reflect a reduction in funding from $0.90 per capita to $0.80 per capita. The
remaining payment terms are unchanged.
Environmental Services
Business
Office
12. Approve and authorize
the Chairman to execute the Wholesale Water Service Agreement, as shown on page
________, between the city of Casselberry and Seminole County.
13. Approve and authorize
the Chairman to execute the Customer Agreement, as shown on page ________, for Reclaimed
Water Rates with Heathrow Master Association, Inc.
Fiscal Services
Administration
15. Approve and authorize the Chairman to execute appropriate Resolution
#2009-R-18, as shown on page ________, establishing Public Safety Fees under
Section 20.38 of the Seminole County Administrative Code.
Budget
16. Approve and authorize the Chairman to execute appropriate
Resolution #2009-R-19, as shown on page ________, implementing Budget Amendment
Request (BAR) #09-24 through the Public Works Grant Fund in the amount of
$1,497,747.00 in order to provide additional funding for the Sweetwater Cove
project.
Planning and Development
Development
Review
19. Approve and authorize the Chairman to execute the final plat for
Sylvan Place, containing 2 lots on a 2.00 acre parcel zoned A-1 (Agriculture), located
on the north side of S. Sylvan Lake Drive and approximately 380 feet west of
Orange Boulevard; in Section 25, Township 19 S, Range 29 E, Rafael Grullon.
Planning
20. Approve and authorize the Chairman to execute the Interlocal
Agreement, as shown on page ________, for Public Transit Services between Seminole
County and the Central Florida Regional Transportation Authority (LYNX) for
Fiscal Year 2009.
Public Safety
Emergency
Management
21. Approve and authorize the Chairman to execute Amendment No. 1, as
shown on page __________, to the State of Florida, Department of Environmental
Protection, Contract No. GC684 for the Petroleum Compliance Verification
Program.
Public Works
Engineering
22. Adopt appropriate Resolution #2009-R-20, as shown on page ________,
accepting a Communication System Mast Arm Sign Easement, as shown on page
________, from Embarq Florida, Inc., for property needed to install a Mast Arm
Sign along a portion of State Road 436.
23. Adopt appropriate Resolution #2009-R-21, as shown on page ________,
accepting a Quit Claim Deed, as shown on page ________, from the city of
Sanford for property needed for the construction of a sidewalk along a portion
of West 25th Street (a/k/a County Road 46A).
24. Approve and authorize the Chairman to execute a Third Amendment, as
shown on page ________, to the Agreement between the St. Johns River Water
Management District and Seminole County for the Sweetwater Cove Tributary to
the Wekiva River: Sediment Control Project (SE621AA).
25. Approve and authorize the Chairman to execute a Construction
Agreement, as shown on page ________, between CSX Transportation, Inc., and
Seminole County to facilitate installation of a new Magnum Concrete Crossing
Surface and Signals for State Road 400 (County Road 15).
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Request to adopt a Resolution amending
Seminole County Administrative Code Section 20.16, “Community
Services-Cooperative Extension Fee Schedule”, was presented.
Commissioner Carey stated staff is looking
at a charge for the use of the auditorium, and she feels the County’s
facilities have been paid for with tax dollars and she doesn’t think it is
appropriate to charge the citizens for using this facility.
Barbara Hughes, Extension Services Manager,
addressed the Board to discuss the cleanup for the use of the facility, the fee
schedule and the use of the auditorium for profit and non-profit.
Commissioner Carey stated one way to
resolve the cleanup issue is to require a deposit. Discussion ensued.
Chairman Dallari stated he feels if there
are companies using the County’s facilities to make a profit, then they should
be charged to use that space. He further
stated if it’s not-for-profit or service group, everyone pays taxes and it
should be used for free.
Ms. Hughes stated she can train her staff
to use specific questions in determining profit and non-profit.
Commissioner Carey recommended that be placed
on the application process. She stated
she feels that for-profit companies and outside Seminole County not-for-profit
companies should be charged, and if it is a non-profit company in Seminole
County then they should not be charged.
Ms. Hughes explained to Commissioner Henley
how they arrived at the fees they have set.
Commissioner Henley stated he can support
this if a company is making a profit.
Commissioner Carey recommended continuing this item so they can obtain
more information about the cost.
Chairman Dallari recommended that staff
rewrite this item and brief each Board member before it is brought back at the
next meeting.
-------
Request to approve revisions to the Animal
Services Program Fee Resolution amending Section 20.5 of the Seminole County
Administrative Code was presented.
Commissioner Carey stated the one thing
that came to her attention was when they made a decision to fund the mobile unit,
they did away with rebates. She stated
the mobile unit is not doing very well and the reason for that is they are
trying to target the lower income communities.
The feedback she got from staff is they are doing it that way because
they got direction from the Board. She recommended
they advertise that they are taking the unit to Sanford and the first 20 people
or so who signs up will have an opportunity to get their animal taken care
of. She said she has a problem with the
rebate program as most organizations were using the program and very few
citizens were using it.
Tad Stone, Public Safety Director, addressed
the Board to clarify that there were a lot of open discussions going on regarding
some of the fees even though there was not a quorum at the October 2007 Advisory
Board meeting. There were no discussions
at the January 2008 meeting regarding the fees.
Upon inquiry by Commissioner Henley, Mr.
Stone advised a dangerous dog is designated by their action and not as a result
of their breed.
Upon inquiry by Commissioner Van Der Weide,
Mr. Stone advised to determine a dangerous dog, the animal has to come off the
property and attack another animal or person and it has to leave scars or
marks. The Animal Control Officer
conducting the investigation has to determine whether the animal meets the
criteria of a dangerous dog. When it is
declared dangerous, it will go before the Animal Board for a hearing and if a
person doesn’t agree with the Board’s findings, they can appeal before the
court.
Upon further inquiry by Commissioner Van
Der Weide, Mr. Stone advised the owner of the animal has to notify their
insurance company that they are going to maintain a dangerous dog on site, and
that owner will have to send notification to the County that insurance company
knows about it.
Commissioner McLean stated he would suggest
that before they make a definitive decision, an official action by the Animal
Control Board be done and a recommendation is given to the BCC.
Mr. Stone explained to Commissioner Carey
how they determine in a dangerous dog scenario that the owner can keep the dog.
Upon inquiry by Commissioner Henley, Mr.
Stone advised there are clauses in the statute about tormenting animals.
Chairman Dallari stated some of the fees
need to be adjusted and he would like to receive the Animal Control Board’s
input on this. Commissioners Van Der
Weide and Carey agreed.
Mr. Stone stated the next Animal Control
Board meeting is scheduled in March and it will probably be May before staff
can bring this back to the BCC. The consensus of the Board is to continue
this item and have staff bring it back at a later date.
-------
Request to approve Resolution amending the
Seminole County Administrative Code, Section 20.30, Library Services Fee
Schedule, was presented.
Upon inquiry by Commissioner Carey, Jane
Peterson, Library Services Director, addressed the Board to advise staff
estimated that approximately 5,000 non-profit and 1,000 for-profit organizations
have used the meeting rooms last year.
Chairman Dallari stated he would like to see
the same program here as with Extension Services.
Commissioner Carey stated she can support
the same type of discussion they had about the Extension Services auditorium.
At the request of Commissioner Henley, Ms. Peterson
explained what the non-refundable process under Lost Material (Item #4) means.
Commissioner Carey stated the Clerk’s audit
of libraries was just submitted and there are over $2 million in outstanding
fines and fees that have not been collected.
It doesn’t matter what the fine is, if they are not collecting them, then
they have a problem.
Ms. Coto stated staff has implemented a
program that is now a zero tolerance program with respect to the fines and
fees.
Chairman Dallari asked if a minor (16 or 18
years old) runs up a bill of late fees that would go to a collection
agency. He stated he would like a parent
be notified of that as they may not be aware of it.
Commissioner Van Der Weide left the meeting
at this time.
Ms. Peterson stated staff can revise that
section.
Chairman Dallari stated he has an issue
with turning a 16-year-old to a collection agency. He stated he would think a parent would want
to know what is going on.
Ms. Peterson stated as of April, no one will
be able to check out a book if they have a balance on their account.
Upon inquiry by Commissioner Carey, Ms. Peterson advised the
reason they are waiting until April to implement this policy is they want to
inform the public of this and give the public three weeks to pay off their fines.
Commissioner Henley stated he would like a
quarterly report of how many lost books there are, how many are in the arrears
and how much they have collected.
Commissioner Carey stated she would like to
know what progress they are making on collecting the $2 million in late fees.
Chairman Dallari stated the consensus is to have staff bring this
item back to the Board.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Motion by
Commissioner Carey, seconded by Commissioner McLean to authorize and approve
the following:
26. Expenditure Approval Lists, as shown on page ________, dated
December 22 & 30, 2008; and Payroll Approval List, as shown on page
________, dated December 24, 2008; approval of BCC Minutes dated December 9,
2008; and noting, for information only, the following Clerk’s received and
filed:
1.
Certificates,
as shown on page ________, of No Recall for SOKC, LLC and Penn Sanford, LLC.
2.
Audit
Review of Facilities Maintenance Division from Maryanne Morse, Clerk of Circuit
Court.
3.
Work
Order #22, as shown on page ________, to CC-1741-07.
4.
Maintenance
Bond #LPM08921529, as shown on page _______, in the amount of $3,312 for
Bridgewater Commons.
5.
Work
Order #17, as shown on page _______, to CC-1284-06.
6.
Amendment
#2, as shown on page ________, to Work Order #25 to PS-0381-06.
7.
M-4000-08
Basic Agreement, as shown on page ________, PBS&J.
8.
M-4003-08
Basic Agreement, as shown on page ________, PBS&J.
9.
Work
Order #20, as shown on page ________, to PS-5182-05.
10.
Work
Order #45, as shown on page ________, to PS-1074-06.
11.
Amendment
#1, as shown on page ________, to Work Order #35 to PS-1529-06.
12.
Seminole
County Victim’s Rights Coalition Subrecipient Agreement, as shown on page
________, for the 2008-2009 One-Year Action Plan.
13.
BCBS
True Group Applications, as shown on page ________, for Board of County
Commissioners, Supervisor of Elections and Port Authority.
14.
Amendment
#1, as shown on page ________, to M-502-06 Telestaff and Webstaff Annual
Maintenance Renewal, Principal Decision Systems.
15.
M-600550-09
Wonderware Maintenance and Support Contract, as shown on page ________, Insource
Software.
16.
M-600574-09
Annual UPS Maintenance Agreement, as shown on page ________, Computer Power
Systems.
17.
Change
Order #3, as shown on page ________, to CC-2396-07.
18.
Change
Order #2, as shown on page ________, to CC-1184-06.
19.
Letters
of Understanding, as shown on page ________, with the cities of Oviedo and Lake
Mary for the Florida Yards & Neighborhood Program.
20.
Assistant
and Associate Tennis Pro Agreement, as shown on page ________, with John
Sanders.
21.
Amendment
#1, as shown on page ________, to Work Order #68 to PS-5130-02.
22.
Work
Order #33, as shown on page ________, to RFP-0225-05.
23.
Amendment
#1, as shown on page ________, to Work Order #57 to PS-5120-02.
24.
Change
Order #2, as shown on page ________, to Work Order #10 to CC-1284-06.
25.
Work
Order #1, as shown on page ________, to CC-3321-08.
26.
Amendment
#1, as shown on page ________, to M-3063-08.
27.
Fourth
Amendment, as shown on page ________, to IFB-3086-04.
28.
Third
Amendment, as shown on page ________, to RFP-4114-01.
29.
Temporary
Utility Construction Easement, as shown on page ________, for Alaqua Lakes
Community Association, Inc.
30.
Work
Orders #16, #17, #18, #19, #20 & #21, as shown on page ________, to
CC-1741-07.
31.
BOA
Development Orders, as shown on page ________, for the following: Samuel & Abigail Rivera; Sandra Spessard;
Barbara Johnson; Seminole County Board of County Commissioners; Mary Ann Lucas;
John & Tana Sauls; Elaina Giarrusso; Richard & Esther Cohen; Thomas
& Judy Smith; Jason & Jessica Kaiser; Michelle & Richard Hunt; and
The Springs Community Association.
32.
The
Housing Authority of the city of Sanford Tenant-Based Rental Assistance Program
Subrecipient Agreement, as shown on page ________, for the 2008-2009 One-Year
Action Plan.
33.
Bill
of Sale and Utility Easement, as shown on page ________, for the project known
as Bridgewater Commons.
34.
Trustees’
Warranty Deed, as shown on page ________, for the acquisition of the Crockett
property for Natural Lands.
35.
Work
Order #1, as shown on page _______, to PS-3065-08.
36.
Change
Order #1, as shown on page ________, to CC-2059-07.
37.
Work
Order #1, as shown on page ________, to PS-3166-08.
38.
Work
Order #2, as shown on page ________, to PS-0709-06.
39.
Amendment
#2, as shown on page ________, to Work Order #78 to PS-5165-04.
40.
Change
Order #1, as shown on page ________, to CC-3112-08.
41.
Amendment
#11, as shown on page ________, to PS-549-00.
42.
Work
Order #5, as shown on page ________, to PS-5186-05.
43.
Amendment
#8, as shown on page ________, to RFP-4188-03.
44.
Flexible
Spending Account Application and Medical Enrollment Summary, as shown on page
________, for Seminole County Board of County Commissioners.
45.
Closeout,
as shown on page ________, for Work Order #26 to CC-1075-06.
46.
First
Amendment, as shown on page ________, to RFP-600326-08.
47.
Bids
as follows: RFP-600555-08; CC-3954-08
and IFB-600530-08.
Districts 1, 2, 4 and 5 voted AYE.
-------
Chairman
Dallari recessed the meeting at 11:01 p.m., reconvening it at 11:10 p.m., with
Commissioner Van Der Weide in attendance, and with County Attorney, Robert
McMillan, and Maryanne Morse, Clerk of Court, returning late.
REGULAR
AGENDA
Tina
Williamson, Assistant Planning Manager, addressed the Board to present request for
a reduction to a Code Enforcement Board Lien from $47,250 to $25,027.57, which
represents a 50% reduction of the total lien plus administrative costs of
$1,402.57 for Case #07-81-CEB on property located at 1620 Ridge Avenue,
Longwood, Stacy Dudley (previous owner) and U.S. Bank (current owner); and
require these costs to be paid within 60 days or the lien will revert to its
original amount ($47,250).
Robert
McMillan, County Attorney, reentered the meeting at this time.
Ms.
Williamson reviewed the history of the violation as outlined in the agenda
memorandum. She stated staff recommends
that the Board reduce the amount of the lien and the amount of $25,027.57 be
paid within 60 days or the lien will revert to its original amount
($47,250).
Commissioner
Carey stated the Board had discussions about changing the codes regarding
setting up a fund to immediately secure the pools, and she would like to know
if that is in the process.
Ms.
Coto advised it is not necessary to change the code, as the code allows the
County to secure those properties to ensure that no harm is done to the
neighborhood. She stated she does not
recall the Board setting aside money for that purpose.
Commissioner
Carey stated the Board had discussions with regard to a portion of the fees being
placed in a separate account so that pools can be secured.
Commissioner
Henley stated if the Board wants to use that approach, then it would be
appropriate to take that action so the County Manager will have something to
base this on.
Maryanne
Morse, Clerk of Court, reentered the meeting at this time.
Upon
inquiry by Commissioner Van Der Weide, Ms. Williamson advised this house has already
been foreclosed on.
Commissioner
McLean stated his concern is they are giving better deals than they need
to. If all parties are aware that this
process is moving forward and there is no other entity than the bank, then he
would think they would know what the challenges are and they can try to solve
these issues sooner. A lengthy
discussion ensued relative to the violation and foreclosure process.
Upon
inquiry by Chairman Dallari, Ms. Williamson advised the property is in
compliance now.
Commissioner
McLean asked where are they starting the clock and when can the bank legally do
something about it.
Mr.
McMillan stated in this case he is not sure what the specific situation is. The issue in the past is if the owner is the
owner when the order took place, the statute provides that the order runs with
the land and you don’t have to start over because of title change. The County’s position is the order survives
and the new owner is under immediate order to bring it into compliance and that
fine continues to accrue anew. Part of
the issue is whether or not there is a procedure in place to make sure the bank
knows about it.
Motion
by Commissioner Henley, seconded by Commissioner McLean to approve a reduction
to the Code Enforcement Board lien from $47,250.00 to $25,027.57, which
represents a 50% reduction of the total lien plus administrative costs of
$1,402.57 for Case #07-81-CEB on the property located at 1620 Ridge Avenue,
Longwood – Stacy Dudley (previous owner) and U.S. Bank (current owner), and
require these costs to be paid within 60 days or the lien will revert to its
original amount ($47,250.00), and upon payment in full, authorize the Chairman
to execute the Satisfaction of Lien, as shown on page ________.
Districts 1, 2, 3, 4 and 5 voted AYE.
-
- -
Chairman
Dallari asked what was the Board’s pleasure with regard to securing pools of
homes that are under foreclosure.
Ms. Coto advised the County has a mechanism
under the code to enter the property to secure the pools. She stated if the Board would like staff to
take some of the monies they receive from paid Code Enforcement liens, they can
put that money under a separate fund.
Motion by
Commissioner Henley, seconded by Commissioner Carey to authorize the County
Manager to take up to 50% of the fines collected from Code Enforcement liens to
be used to bring pools into compliance.
Under discussion, Commissioner Carey stated
she would like the County Attorney do an indepth research on how this is going
to work.
Commissioner Henley stated he feels they are
going to see a lot more of allowing the abandoned places that are in
foreclosure to go into disrepair. He
stated the Board may want to consider having the County Manager implement
repairs on the abandoned homes and have it paid for out of those funds.
Chairman Dallari asked Ms. Coto to come
back with a written policy for the Board’s review.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Bill McDermott, Economic Development
Director, addressed the Board to present request to approve a Resolution recognizing
Access Mediquip, LLC as a QTI; approve an Interlocal Agreement with the city of
Lake Mary to provide 50% of the $116,000 local match requirement; and providing
an appropriation of $58,000 as Seminole County’s participation in the QTI tax
refund program. He stated Access
Mediquip is considering relocating their corporate headquarters to Lake Mary
and adding 145 new high-level jobs over a three-year period with an average
annual salary of at least $57,000. He
said the city of Lake Mary is scheduled to vote on the interlocal agreement on
February 5, 2009. Staff recommends
approval of the request contingent on the participation of the city of Lake
Mary.
Commissioner Henley stated he will be
supporting this but he wants to raise caution that when they got into the QTI
business some time ago, the criteria was bricks and mortar. At this time, they are moving into things
that don’t require bricks and mortar and the County could use up all of their
monies if they are not cautious on projects that need renovations. He said he would like the Board to be
sensitive to the fact that the original intent was bricks and mortar.
Motion by
Commissioner Carey, seconded by Commissioner Henley to adopt appropriate Resolution
#2009-R-22, as shown on page ________, recognizing Access Mediquip, LLC as a
QTI; approve an Interlocal Agreement, as shown on page _________, with the city
of Lake Mary to provide 50% of the $116,000 local match requirement; and approve
providing an appropriation of $58,000 as Seminole County’s participation in the
QTI tax refund program, contingent upon approval by the city of Lake Mary.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Dennis Westrick, PEI Manager for Environmental
Services, addressed the Board to give an overview of the agenda memorandum
regarding Item #29. Staff is requesting
approval of the 2009 Revalidation of the Water & Sewer Capital Improvement
Program (CIP); and authorization for staff to proceed with preparation for the
2nd Bond issue. He displayed
and reviewed a PowerPoint presentation consisting of the CIP Funds Status. He stated despite a downturn in the economy,
the program is still being executed in a favorable economic environment.
Upon inquiry by Commissioner Henley, Drew
Jeter, CH2M Hill, addressed the Board to advise they have about 30 projects
that have been completed. He displayed
and reviewed the CIP Funds Status and CIP Budget Status.
Upon inquiry by Commissioner Carey regarding the appeal on the
permit for Yankee Lake, Mr. McMillan advised an appeal period doesn’t begin
until after the district issues a permit.
The appeal period will run from that time forward. The next step is to obtain approval from St.
Johns River Water Management District (SJRWMD) and whenever that occurs the
appeal period will begin. The Board will
have to make a decision as to whether or not they want to go forward, assuming
the permit is granted.
Commissioner Carey stated if the Board
takes action to revalidate today, part of the revalidation is to move forward
with this project.
Mr. Jeter stated that is correct. He said putting that project back out to bid
has definitely not been undertaken and is waiting for the required permits to
be in place.
Upon inquiry by Commissioner Henley, Mr.
McMillan advised normally those kinds of appeals take about a year, assuming it
is filed. The SJRWMD has to determine
whether or not to accept the recommended order and the County can deal with
what happens as a result of that.
Commissioner Henley stated he would like to
know how many projects that are committed in the $219 million that are still
ongoing or haven’t been completed yet. Discussion
ensued.
Upon inquiry by Commissioner Henley, Mr.
Jeter advised of the $219 million, approximately $28 million is program
management fees and probably about the same amount for the design fees.
Mr. Jeter continued his presentation by reviewing the 1st
Bond Designs with 2nd Bond Construction and Projects in Design That
Need 2nd Bond Funds to Go to Bid.
Discussion ensued relative to the Greenwood Lakes upgrade and
commitments.
Mr. Jeter reviewed the Revalidation/Reprioritization Overview; the
2007, 2008, and 2009 Validation; and the 2006-2011 CIP Variances Project Level
Details.
Commissioner Carey stated she would like staff to take a closer
look at how they may realign these projects.
She stated for any monies spent on the second phase of a regional plant,
while she feels they have to think in that direction, there are plants already
online and in operation that needs immediate attention; and they haven’t gotten
through the first phase of this project.
She stated she feels that any monies spent on the second phase of Yankee
Lake for a regional plant, when they don’t even have a permit for the first
phase, should be suspended. She added
she feels that they need to rally the troops and gather up the monies to see
how they can redistribute it and look at their most immediate needs.
Mr. Jeter reviewed for Chairman Dallari
what monies they are spending on projects that are contingent on phase one or
phase two of the surface water plant.
Commissioner Carey stated with a new bond
issue comes a rate increase for the consumer and she is not going to support
that at this time. She further stated
she feels the County needs to regroup and look at what they have to work with
and what are the most critical needs.
Upon inquiry by Chairman Dallari, Mr. Jeter
advised they have budgeted about $58 million for phase one to cover all the
capital requirements for Yankee Lake. He
stated the projects that are in design associated with the surface plants are
worth about $12 million and those will be online by 2010.
Upon inquiry by Commissioner Carey, Mr.
Jeter said there is not enough reclaimed water to support phases three and
four.
Whereupon, Commissioner Carey suggested
that staff look at this again to see if there is any way they can adjust
this.
Mr. Jeter continued by reviewing the Revalidation 2009 Summary;
2006-2015 CIP ($407 million); and the CIP Budget Status (2006-2015).
Bob Briggs, Environmental Services,
addressed the Board to display and review the 2009 Water & Sewer Utility
CIP Financial/Rate Update, 2006 Rate Presentation, and Rate Comparison.
Gary Akers, First Southwest Company
Financial Advisor, addressed the Board to submit a Municipal Market Conditions
booklet (received and filed). He
reviewed the Historical Interest Rates and Recent Florida Debt Issuances that
have come to market lately.
Upon inquiry by Commissioner Carey, Mr.
Aker advised the true interest cost of the last bond issue was 4.30 or
4.34.
He continued by reviewing the Remarket
Index, the Forecast of Interest Rates, Detail of the Bond Buyer Indexes, and an
article, “Are Munis Still Cheap”, from bondbuyer.com.
Upon inquiry by Commissioner McLean, Mr.
Aker advised bonds cannot be sold at this time.
It takes about three to six months to put a bond issue together. If there is a bond issue, then they would
have to go through the rating review and presentation. It is very important that the County keep an
AA rating on the utility bonds.
Upon further inquiry by Commissioner
McLean, Mr. Aker advised if the County moves in that direction, they could
pivot to a bank financing alternative within 30 days.
Upon inquiry by Commissioner Carey, Mr.
Aker advised $50 million is probably the limit for a bank, but it is not out of
the question that more than one bank can make a loan.
Commissioner Carey stated she doesn’t want
the Board to think that it would be easy for them to flip over and do a bridge
line on a $90 million deal. She stated
with all the banks doing merges and all of their maneuvering, she doesn’t think
that is a great plan for them to do.
Commissioner Carey requested that Mr. Akers
provide the Board a 25-year history of the RBI bonds and treasury notes.
Motion
by Commissioner Carey, seconded by Commissioner Van Der Weide to authorize the
consultant to look closely at the revalidation that they are proposing to see
if some things can be moved to meet their immediate needs; and to wait on the
bond issue or financing discussion until they know what will happen with the
permit.
Under discussion, Commissioner McLean
stated he feels they can move forward with the bond issue process. He stated if the market isn’t there, they can
move in a different direction or shut it down completely.
Commissioner Carey stated it would cost
money to do that and the numbers would change.
She said the County would be suicidal in the market place if they have to
go back to the rating agencies without a permit in hand.
Chairman Dallari stated his comment would
be to ask the consultant to move forward and reshuffle the deck but try to find
out when would be the right time to go to the market.
Districts 3, 4 and 5 voted AYE.
Commissioners Dallari and McLean voted NAY.
-------
Chairman
Dallari recessed the meeting at 12:50 p.m., reconvening at 2:15 p.m., this same
date, with all Commissioners and all other Officials, with the exception of
Clerk of Circuit Court Maryanne Morse, and Deputy Clerk Eva Roach, who was
replaced by Deputy Clerk Sandy McCann, who were present at the Opening
Session.
PROOFS OF
PUBLICATION
Motion by Commissioner Carey, seconded
by Commissioner McLean to authorize the filing of the proofs of publication for
this meeting’s scheduled public hearings into the Official Record.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
SMALL SCALE LAND USE AMENDMENT &
REZONE TO PUD, JUDY STEWART
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request for a Small Scale Land Use Amendment from Low Density Residential
(LDR) to Planned Development (PD) and Rezone from A-1 (Agriculture to PUD
(Planned Unit Development) on approximately 4.7 acres, located on the south
side of the intersection of Slavia Road and Red Bug Lake Road, Judy Stewart, received
and filed.
County
Manager, Cindy Coto, advised staff has received a request from the applicant to
continue this item until March 10.
Motion by Commissioner Henley, seconded
by Commissioner Carey to continue until March 10, 2009, consideration of a
request for a Small Scale Land Use Amendment from Low Density Residential (LDR)
to Planned Development (PD) and Rezone from A-1 (Agriculture) to PUD (Planned
Unit Development) on approximately 4.7 acres, located on the south side of the
intersection of Slavia Road and Red Bug Lake Road, as described in the proof of
publication, Judy Stewart.
Under
discussion and upon inquiry by the Chairman, no one spoke in support or in
opposition to the continuance.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONE FROM A-1 TO PCD,
ELLISON MARSIL
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request to Rezone from A-1 (Agriculture) to PCD (Planned Commercial
Development) for approximately 9.47 acres, property located on the west side of
Richmond Avenue, approximately ½ mile south of the intersection of SR 46 and
Richmond Avenue, Ellison Marsil, received and filed.
Planner,
Austin Watkins, addressed the Board to present the request, advising the
applicant is proposing a total of 106,200 square feet of manufacturing uses and
8,675 square feet of associated office uses.
The proposed uses are those uses allowed within the M-1A zoning
classification and outside storage with the following exclusions: laundry and dry cleaning, post offices,
restaurants, out-patient medical clinics, public and private utility plants,
and stations and distribution offices.
The outside storage area must be screened from adjacent properties and
public rights-of-way. He further advised
the P&Z Commission recommended approval of the requested rezoning and the
Preliminary Site Plan and Development Order, subject to the hours of operation
not extending past 8:00 p.m. Staff also
recommends approval of the rezoning, Preliminary Site Plan and Development
Order.
Michael
Cash, representing the developer, addressed the Board to advise they did meet
with the area residents and have worked out a proposal to provide a wall that
would block Mrs. Kaye’s entire view of the work areas on the subject property. He added that they also agree to provide
native plants in front of the wall.
District
Commissioner Carey advised she met with adjacent property owner, Treena Kaye,
and discussed most of the issues.
Michael
Bartz, 4421 Canyon Point, addressed the Board to speak in support of the
request, stating he believes this will be good for the area. He expressed his concern about noise coming
from the property in the future and asked if noise is a problem, how would that
be handled.
Treena
Kaye, 2700 Richmond Avenue, addressed the Board to state she has lived on her
property since 1979 and it has been an agricultural area for years. She said she is not happy with the rezoning,
but is happier with the promise of a wall and is appreciative of Mr. Cash’s efforts
to make the site plan better for her.
She added that it is very hard for the residents who have to live with
the decision of the Board to make this area an industrial area.
Upon
inquiry by District Commissioner Carey, Ellison Marsil, applicant, addressed
the Board to advise the beginning hours of operation will be from 7:30 a.m. to
3:30 p.m. However, from time to time and
when it is demanded, they may have to work double shifts. He added that he would never expect the
manufacturing noise to be an issue and he will respect whatever noise ordinance
and regulations are in effect.
No one
else spoke in support or in opposition.
Speaker
Request Forms were received and filed.
Upon
inquiry by County Attorney, Robert McMillan, Assistant Planning Manager, Tina
Williamson, advised there are performance standards for Industrial uses in the
Land Development Code; and if there is violation of those standards, it would
be a code enforcement issue.
Motion by Commissioner Carey, seconded
by Commissioner McLean to adopt Ordinance #2009-3, as shown on page _______,
granting rezoning from A-1 (Agriculture) to PCD (Planned Commercial
Development) for approximately 9.47 acres, property located on the west side of
Richmond Avenue, approximately ½ mile south of the intersection of SR 46 and
Richmond Avenue, as described in the proof of publication, Ellison Marsil; and
approve the revised Preliminary Site Plan and Development Order, as shown on
page _______, based on staff findings and the developer’s commitment to erect a
wall on the south property line adjacent to the Kaye property, with native
vegetation planted.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Carey requested staff to contact the MGM Industrial Park owner (which was
recently approved) and advise him that the subject property will be bringing
water and sewer to the area and that there could be a shared opportunity for
them.
REZONE FROM PUD TO PUD,
J. MICHAEL NIDIFFER
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request to rezone approximately 12.20 acres from PUD (Planned Unit
Development) to PUD, property located north of the intersection of
International Parkway and S. Metz Avenue, J. Michael Nidiffer, received and
filed.
Planner,
Austin Watkins, presented the request, advising the Gunter Village PUD,
approved by the BCC on October 24, 2006, is a mixed-use PUD which allows for
commercial, retail, office, multi-family and hotel uses. The applicant is requesting the rezoning in
order to increase intensities and allow for a more flexible development
plan. Increases in retail and restaurant
square footages indicate a 206% increase from the original approval. However, the applicant has agreed to limit
the square footage of the non-target industry uses (retail & restaurant) to
no more than 30% of the square footage of the target industry uses (office,
hotel & bank). The applicant is also
requesting a maximum building height of 110 feet for the site. To buffer this more intensive maximum
building height, the applicant is committing to a 5-story or 60-foot maximum
building height for the western portion of the development. The 5-story limitation would apply from the
western property line to 200 feet eastward.
A 110-foot maximum building height is consistent with the trend of
development in the area, as the Lake Mary Westin and Rockefeller PUD’s are
approved for a similar maximum building height.
All other conditions of approval from the original D.O. remain the
same. He further advised the P&Z
Commission recommended approval of the requested rezoning, Preliminary Master
Plan and proposed Development Order.
Staff also recommends approval.
Jonathan
Martin, Kimbley Horn Engineering, addressed the Board to advise he represents
the developer and will answer any questions.
No one
else spoke in support or in opposition.
District
Commissioner Carey recommended approval.
Motion by Commissioner Carey, seconded
by Commissioner McLean, to adopt Ordinance #2009-4, as shown on page _______,
granting rezoning of approximately 12.20 acres from PUD (Planned Unit
Development) to PUD, property located north of the intersection of
International Parkway and S. Metz Avenue, as described in the proof of
publication, J. Michael Nidiffer; and approval of Preliminary Master Plan and
Development Order, as shown on page _______, with staff findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REZONING FROM A-1 TO R-1AA,
JAMES PALMER
Proof of
publication, as shown on page _______, calling for a public hearing to consider
a request to rezone from A-1 (Agriculture) to R-1AA (Single Family Dwelling)
for approximately 1.50 acres located at 6259 Linneal Beach Drive, James Palmer,
received and filed.
Planner,
Austin Watkins, presented the request advising the subject property is Low
Density Residential which allows the requested zoning district. The request is to rezone a small portion of
the property to the R-1AA zoning classification in order to subdivide the
property in the future. Staff conducted
the Lot Size Compatibility Analysis, as required by the LDC, and determined
that the analysis supports the requested R-1AA zoning classification. He further advised the P&Z Commission
recommended approval of the rezoning and staff also recommends approval.
Aaron
Mercer, representing the applicant, addressed the Board to advise they are
seeking the rezoning in order to rectify a non-conforming issue on the lots
situated on the lake.
No one
else spoke in support or in opposition.
District
Commissioner Van Der Weide recommended approval.
Motion by Commissioner Van Der Weide,
seconded by Commissioner Carey to adopt Ordinance #2009-5 as shown on page
_______, granting rezoning from A-1 (Agriculture) to R-1AA (Single Family
Dwelling) for approximately 1.50 acres located at 6259 Linneal Beach Drive, as
described in the proof of publication, James Palmer, based on staff
findings.
Districts
1, 2, 3, 4 and 5 voted AYE.
REQUEST FOR CARILLON PUD
MAJOR AMENDMENT,
AHG GROUP LLC/UCF
FOUNDATION, INC.
Proof of
publication, as shown on page _______, calling for a public hearing to consider
the Carillon PUD Major Amendment for Parcels 202, Lot 2, 401 and 201; and
approval of the Final Master Plan and Addendum #4 to the Carillon PUD, on
approximately 25 acre, located on the north side of the intersection of
McCulloch Road and Lockwood Boulevard, AHG Group LLC and University of Central
Florida Foundation, Inc., received and filed.
Motion by Commissioner Carey, seconded
by Commissioner McLean to continue until 6:00 p.m. or as soon thereafter as
possible, this same date, consideration of the Carillon PUD Major Amendment for
Parcels 202, Lot 2, 401 and 201; and approval of the Final Master Plan and Addendum
#4 to the Carillon PUD, on approximately 25 acres located on the north side of
the intersection of McCulloch Road and Lockwood Boulevard, as described in the
proof of publication, AHG Group LLC and University of Central Florida
Foundation, Inc.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA, CONTINUED
Chairman
Dallari advised the Mayor of Oviedo has requested that the discussion on the
Pedestrian Overpass (Item #30) at Red Bug Lake Road and the Red Bug Lake
Elementary School be postponed at this time.
He said the Mayor would like to see if they can partner with the County
on this.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to continue for 30 days discussion on the
Pedestrian Overpass (Item #30) at Red Bug Lake Road and the Red Bug Lake
Elementary School.
Districts
1, 2, 3, 4 and 5 voted AYE.
Upon
inquiry by Ms. Coto, Chairman Dallari directed staff, including the County
Engineer, to contact the City of Oviedo with regard to same.
LEGISLATIVE
UPDATE
Assistant
County Manager, Sabrina O’Bryan, addressed the Board to discuss the 2009
Federal Legislative Priorities and request BCC approval of same. She stated the three federal priorities are
as follows: SR 46 Regional Evacuation
Route - $8 million; Regional Surface Water Facility at Yankee Lake - $2
million; and Commuter Rail Stations - $2 million.
Motion by Commissioner Carey, seconded
by Commissioner McLean to approve the 2009 Federal Legislative Priorities as
presented; and authorize the Chairman to execute a Letter, as shown on page
_______, to the Legislative Delegation identifying same.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Upon
inquiry by Chairman Dallari, Ms. O’Bryan advised the Commuter Rail Cooperative
Strategy Team will be meeting this week and she will report back to the Board
on same.
A brief
discussion ensued with regard to the immunity issue regarding the commuter
rail.
COUNTY
MANAGER’S BRIEFING
The Board
noted, for information only, the Budget Amendment Status Report for FY 2008/09
for the three-month period ending December 31, 2008.
-------
County
Manager, Cindy Coto, referred to information (received & filed) that she
sent to the Board with regard to the BCC Executive Assistants. She said the Commissioners have not had an
opportunity to review that information so she will be bringing this back to the
Board at their next meeting.
-------
Ms. Coto
advised she will be scheduling a work session in the month of February to start
discussions on the upcoming budget.
CHAIRMAN’S
REPORT
Chairman
Dallari stated the Board has annually honored all the County volunteers for the
past 15 years; and for 10 years, it has been with a sit-down dinner. The cost of this dinner is approximately
$10,000. He questioned if they want to
spend that kind of money or at what level should the Board recognize their
volunteers.
Commissioner
Carey said that she believes they should scale this back.
Commissioner
McLean suggested a buffet instead of a sit-down dinner.
The Board,
by consensus, agreed to scale back
the Volunteer Dinner to either a reception or buffet.
-------
Chairman
Dallari discussed the new laws and procedures dealing with the Value Adjustment
Board. He said part of that State
mandate is that the VAB no longer use the County Attorney, but have an outside
attorney. To date, the cost of that
attorney has been over $2,400. He stated
that he believes this is growing government and he would ask if the Board would
be willing to put this issue on the legislative agenda to change the law that
the County Attorney can again advise the VAB instead of paying an outside
attorney. He further stated that the
process has grown and normally by this time of year the VAB has concluded their
business, but they are still in the middle of it.
Commissioner
Henley said he would like to ask the County Manager to pull out all the
unfunded mandates that the State has imposed on the County and post them on
SGTV before and after each BCC meeting.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to direct staff to add to the County
Legislative Initiative a request to eliminate the law requiring Value
Adjustment Boards to hire outside attorneys.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Dallari stated he attended the 2009 Central Florida Scottish Highland Games
last weekend and received a plaque for the BCC in appreciation of their support
of the event. He said the Mayor of
Winter Springs indicated that this event was a success. He also spoke to the Mayor about Jetta Point’s
stadium seating and he could not recall anything about that nor could the City
Commission. He added that the Mayor will
be sending a letter to the Board with regard to same.
-------
The
Chairman asked if the Board is still interested in paying annual membership
dues of $1,000 to be a member of the Tri-County League of Cities.
The Board,
by consensus, directed that
membership to the Tri-County League of Cities be suspended.
-------
Chairman
Dallari nominated reappointment of Keylor Chan to the Orlando Urban Area
Transportation Study Citizens Advisory Committee.
Motion by Commissioner Van Der Weide,
seconded by Commissioner McLean to reappoint Keylor Chan to the Orlando Urban
Area Transportation Study Citizens Advisory Committee (OUATS) for a four-year
term ending January 1, 2013.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The
Chairman advised he attended the Mayors & Managers meeting last week and
Dr. Vogel, School Board Superintendent, discussed possibilities of different
revenue sources.
Commissioner
Carey stated she also met with Dr. Vogel yesterday and he brought up the
possibility of partnering with the County and cities on lawn maintenance.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or
Reports were received and filed:
1. Report
received 12/24/08 from Cathy Collins, FL Dept. of Revenue, to BCC re: Property Appraiser’s Budget
Amendment/Transfer.
2. Copy
of letter dated 1/7/09 from Cathy Galavis, FL Dept. of Revenue, to Ray Valdes,
Seminole County Tax Collector, re:
options to become a budget officer and/or a fee officer.
3. Letter
dated 12/31/08 from (with attachment) from Sam Stark, Central FL Sports
Commission President, Jonathan Mousseau, Marketing Manager, Tom Hagood, Board
Member, and Bruce Skwarlo, Board Member, to Chairman Dallari re: sports update and November 2008 Activities
Report.
4. Letter
dated 1/9/09 from Robert B. Cadle, City of Orlando, to Chairman Dallari and BCC
re: annual Orlando Wetlands Festival.
5. Letter
dated 1/12/09 from John E. Tyler, FL Dept. of Transportation, to Chairman
Dallari and BCC re: FDOT project of
addition of ramps to and from SR 417 (Greeneway) and to and from International
Parkway at I-4/SR 417 interchange.
6. Letter
dated 1/14/09 from Cheryl Yates-Weiner, Logan Heights Apartments, to BCC
re: lower rates to lower income
individuals as a tax credit rental community.
7. Letter
dated 1/9/09 from D. Ray Eubanks, FL Dept. of Community Affairs, to Chairman
Dallari re: County’s Comp. Plan
Amendment #08-2ER and Ordinance #2008-44.
8. Letter
dated 1/14/09 from Diane Pickett Culpepper, Bright House Networks, to Chairman
and BCC re: Feb. 15th changes
to digital service.
9. Letter
dated 1/14/09 from Diane Pickett Culpepper, Bright House Networks, to Chairman
and BCC re: Feb. 17th changes
to digital service.
10. Copy of letter dated 12/31/08 from Kelly
Sullivan, Friends of Locally Owned Water (FLOW), to Governor Charlie Crist
re: Aqua Utilities/Chuluota
water/wastewater system.
11. Letter dated 1/12/09 from Susan D. Peppler,
HUD, to Chairman Dallari re: approval of
Neighborhood Stabilization Program (NSP) funding of $7,019,514 for Seminole
County.
12. Letter dated 1/14/09 from Dede Schaffner, School
Board chairman, to Chairman Dallari re:
her appointment as BCC Liaison for 2009.
13. Letter dated 1/16/09 from Janet Rufas,
Seminole County Tax Collector’s Office, to Kensington Park, Altamonte Springs,
re: unpaid property taxes on Parcel
01-21-29-5CK-490J-0080 and advertisement of property at public auction sale.
14. Notice received 1/22/09 re: 2/4/09 P&Z public hearing for
Maitland-Bear Lake Plaza SSLUA and rezone, Bear Lake Rd./Maitland Blvd.
15. Copy of letter (with attachment) dated 1/16/09
from Mike McDaniel, FL Dept. of Community Affairs, to Chairman Dallari re: adopted Seminole Comp. Plan Amendment (DCA
08-CIEI), Ordinance #2008-48.
16. Copy of letter dated 1/21/09 from William L.
Colbert, Colbert-Cameron Mitigation Bank, to Marie Huber, US Army Corps of Engineers,
re: reservation of 1.9 mitigation
credits for Chapman Rd. project.
17. Letter dated 1/21/09 from John E. Tyler, FL
Dept. of Transportation, to Chairman Dallari and BCC re: FDOT project for I-4 from the Orange/Seminole
County Line to east of Central Parkway.
18. Copy of letter dated 12/14/08 from Greg Pryor,
Red Bug Residential Coalition Chairman, to Chairman Dallari re: opposition to the UCF/AHG Group project and
major amendment to Carillon PUD at McCulloch Rd./Lockwood Blvd.
DISTRICT
COMMISSIONERS’ REPORTS
Motion by Commissioner Henley, seconded
by Commissioner Carey to reappoint David Volper to the Disability Advisory
Board for a term ending January 2011; and reappoint Lillian Griffin to the
Historical Commission for a term ending January 2011.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Henley distributed a copy of the Minutes of the Florida’s Urban Transportation
Coalition meeting (copy received & filed) held on January 13, 2009.
-------
Commissioner
Carey recognized Commissioner Henley and Harold Barley for their leadership as
it relates to the Florida’s Urban Transportation Coalition, stating this group
will go a long way to assist in getting needed legislation through for the
area.
-------
Commissioner
Carey advised the St. Johns River Water Management District has modified their
irrigation rules by limiting watering to only one time a week. She asked staff to bring this back for Board
consideration if it is determined that they need to amend the County’s
rules.
-------
Motion by Commissioner Carey, seconded
by Commissioner Henley to reappoint John Schwinsberg to the Disability Advisory
Council and Patricia Southward to the Library Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Carey advised she dedicated the Martin Luther King Jr. historical markers and
dedicated the new road in his name on January 17. She said the community thanked the Board for
their leadership in getting this done.
-------
Commissioner
Carey briefly updated the Board on the Amtrak Working Group Coordination
meeting that she attended with Congressman Mica on January 20.
-------
Commissioner
Carey advised she attended the myregion.org First Annual “Lines of Business”
orientation meeting of Volunteer Leaders on January 21. She said Senator Constantine addressed the
group.
-------
Motion by Commissioner McLean, seconded
by Commissioner Carey to reappoint and appoint the following:
Agricultural
Board – Jim Hunter, term ending January 1, 2011
Examiner
Board – Bill Miller, term ending January 1, 2010
Disability
Advisory Board – Rose Davis, term ending January 1, 2011
Historical
Commission – Robert Hughes & Etta Jane Koegh, terms ending January 1, 2011
Leisure
Services Board – Bob Adolphe, term ending January 1, 2012
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
McLean advised he has been appointed by the Governor to serve on the
Legislative Committee on Intergovernmental Relations and will be glad to take
the unfunded State mandates up as an issue with that committee. He further advised that all mileage and
travel expenses will be paid for by the State.
-------
Commissioner
McLean reminded the Board that the State of the County Address by the Chairman
is coming up on February 13 at the Lake Mary Hilton.
-------
Commissioner
Henley reported on his trip to Charlotte, North Carolina, and his experience
with their new commuter rail (9.1 mile stretch), stating their ridership has
surpassed expectations (upwards of 16,000 daily trips).
-------
Commissioner
Henley gave a brief status report on the Lake Mary High School pool, advising
the Lake Mary High School Boosters cannot come up with their commitment of
$400,000. He said the original agreement
between the County, School Board and the city of Lake Mary is now null and
void. He further said that Dr. Vogel has
recommended that this be postponed indefinitely and they will probably be
contacting the County to renegotiate an agreement. He added that the Board needs to decide if
there is any reason for the staffs to meet in the first place.
Commissioner
Carey stated it is clear in the original agreement that the $1.2 million from
the County was tied to two pools being built and if that changed, there would
not be $1.2 million available; and that it would have to come back to the Board
for further consideration.
Commissioner
Van Der Weide said that it is clear the deal is totally changed. He further said that if the School Board
can’t afford to give teachers a salary increase, he is not sure they should
move forward with the pool. He added
that he is not in favor of moving forward with the pool at any cost.
Commissioner
McLean commented that it is not up to him to make any decisions for the School
Board.
Commissioner
Carey stated she would expect this would come back to the Board before anything
is done with the $1.2 million set aside.
Whereupon, Ms. Coto stated she can put this on the agenda for Board
direction.
The
Chairman directed Ms. Coto to speak with Dr. Vogel to see when the appropriate
time would be to put this on the agenda for consideration. He also asked that she provide individual
briefings to the Commissioners.
Commissioner
Carey stated she would like to know this answer before the Budget
discussion.
-------
The
Chairman recessed the meeting at 3:26 p.m., reconvening at 6:01 p.m. with all
Commissioners and all other Officials, with the exception of Deputy Clerk Sandy
McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the
Opening Session.
PUBLIC
HEARINGS, Continued
CARILLON
PUD MAJOR AMENDMENT, Continued
Continuation
of a public hearing to consider request for a Major Amendment to the Carillon
Planned Unit Development (PUD) Parcels 202 Lot 2, 401 and 201 and approve the
Final Master Plan and Addendum #4 to the Carillon PUD on 25+/- acres, located
on the north side of the intersection of McCulloch Road and Lockwood Boulevard;
as described in the proof of publication, AHG Group LLC and University of
Central Florida Foundation, Inc., received and filed.
Tina
Williamson, Assistant Planning Manger, addressed the Board to present the
request, stating the applicants are requesting a Major Amendment to the
Carillon PUD to allow for a mixed use development with rooming apartments,
community center and retail uses with a maximum building height of 45 feet. She reviewed the uses requested and the
intent of the community center. She also
reviewed the first Carillon PUD Rezone, Preliminary Master Plan and associated
Planned Development Future Land Use approved in 1987. She advised the staff reviewed the proposed
PUD Major Amendment to determine if the land use amendment from PD to PD was
also required and determined that it was not, based upon the staff findings
identified in the staff report. The
applicant performed a parking demand analysis demonstrating that the actual
parking demand for this type of student housing is 0.76 parking spaces per
bed. Based upon the results of the
parking study, the applicant is proposing to provide 1.03 parking spaces per
bedroom instead of the 1.25 required by the Code. Staff reviewed the parking demand analysis
and determined that the results of the study are a valid representation of the
demand for parking at the NorthView project if safeguards are put in place to
minimize excess parking demands and ensure proper parking enforcement. She said the reduction in parking spaces, in
conjunction with proposed pedestrian, bicycle and shuttle bus facilities
depicted on the Final Master Plan, is consistent with the Comprehensive Plan
policies TRA 2.2.6, Promote Shared and Reduced Parking, and TRA 2.2.7, Require
Multi-Modal Facilities in Site Planning and Design. Staff is recommending approval of the
reduction in the required parking, subject to all of the conditions of approval
in Addendum #4 to the Developer’s Commitment Agreement relating to limitations
on permitted uses, parking controls including signage and enforcement, and the
parking monitoring plan. Ms. Williamson
stated the applicant is requesting to reduce the passive setback along the
north side of Parcel 202 from 100 feet to 32 feet and to allow the wet
retention pond to encroach into the active buffer along the north side of
Parcel 401. Staff recommends approval of
the wet retention pond encroachment into the active buffer on Parcel 401, subject
to the conditions that all the planting requirements of the Land Development
Code are met. Staff also recommends
approval of the waiver request to the passive setback along the north side of
Parcel 202 from 100 feet to 32 feet, due to the fact that Parcel 202 is
separated from the nearest residential parcel by an existing retention area and
the distance to the nearest residential parcel is approximately 250 feet. Staff has reviewed the requested Major
Amendment for compliance with the requirements of Land Development Code and
Comprehensive Plan and has the following findings: (1) The Seminole County Comprehensive Plan
Future Land Use and Transportation Elements contain policies relating to
promoting mixed use developments in the urban area as a means of discouraging
urban sprawl, maintaining short travel distances between commercial and
residential areas, enabling creation of a range of housing opportunities, and
providing transitional uses between low density residential and non-residential
areas; (2) The subject property is in a transitional area between the higher
intensity University of Central Florida campus south of McCulloch Road and the
lower intensity single-family neighborhoods of the Carillon PUD to the north;
(3) The Seminole County Comprehensive Plan Policy FLU 2.10 states that
compatibility in a Planned Development may be achieved by application of
performance standards such as, but not limited to, lot size, setbacks,
buffering, landscaping, hours of operation, lighting and building heights; (4)
The proposed development program provides appropriate transitional uses,
densities and intensities between the higher intensity University of Central
Florida campus south of McCulloch Road and the lower intensity single-family
neighborhoods of the Carillon PUD to the north; (5) The proposed Final Master
Plan provides sufficient buffering adjacent to the residential neighborhoods to
the north through the distance between uses and the landscaping plan; (6) The
proposed Final Master Plan provides sufficient design sensitivity adjacent to the
residential neighborhoods to the north through lighting restrictions, building
orientation and step-down of building heights facing adjacent residential; (7)
The proposed Addendum #4 to the Developer’s Commitment Agreement contains
adequate conditions of approval to mitigate the potential traffic and parking
impacts of the development, including enforcement and monitoring plans; and (8)
The proposed UCF Shuttle and Pedestrian Access Plan (sheet A-9 of the Final
Master Plan) complies with Policy FLU 2.11, On-Site Mobility, and Policy TRA
2.2.7, Multi-Modal Facilities, by providing pedestrian connections, bicycle
parking, and shuttle bus access between the University and the proposed
development. She also said the requested
PUD amendment supports the adopted regional vision, “How Shall We Grow”? by
focusing a mix of residential and commercial development along the University
of Central Florida, which is identified as an economic center in the regional
vision. She advised that the proposed
development will also be engineered to accommodate the cell tower site plan
that was part of mediated settlement agreement approved by the BCC on November
18, 2008. Staff recommends approval of
the request for the Major Amendment to the Carillon PUD, Parcels 202 Lot 2, 401
and 201 and recommends approval of the revised Final Master Plan and Addendum
#4 to the Carillon PUD Developer’s Commitment Agreement, based on the staff
findings. The Planning & Zoning
Board (P&Z) met on January 7, 2009, and voted 4 to 1 to recommend approval,
subject to the 10 conditions identified in the staff report.
Attorney
David Theriaque, representing the Carillon Community Residential Association,
addressed the Board to state, for the Record, that he had a brief discussion
with the County Attorney before the meeting started about placing witnesses
under oath and also allowing cross-examination, and he understands that the
Board would not allow that to occur tonight.
He said, with the permission of the Chairman and County Attorney, he
wants to enter a continuing objection on that ground.
Chairman
Dallari stated that for the past number of years, at least 20, the Board has
not done that. He said the Board will be
following their standard format.
Attorney
Aaron Gorovitz, with Lowndes, Drosdick, Doster, Kantor and Reed, 215 N. Eola
Drive, representing the applicants AHG Group and the University of Central
Florida Foundation, addressed the Board to state they submitted this
application for zoning approximately 21 months ago and have been working with
the staff since that time to ensure that the project in all respects is of
great benefit to the community and is completely compatible with the
surrounding uses. After 21 months, staff
has recommended approval of the project.
Their lengthy and detailed review and analysis indicated that the
project is an appropriate transition between the UCF campus and the Carillon
neighborhood and that the project has all the safeguards in place to ensure
that there are no negative effects on the Carillon neighborhood. He said, in other words, NorthView is
compatible with the existing neighborhoods.
He stated with only one against, the Planning & Zoning Commission
recommended approval of the project, concluding that NorthView is compatible
with the existing neighborhoods. The
P&Z included in their motion some minor modifications to the site plan,
which they think might enhance the project.
The development team made minor adjustments to the site plan to
implement the suggestions made by the P&Z.
He said they will be more than willing to make those changes. He had four handouts (copies received and
filed) distributed of a listing, “Changes to Developer’s Agreement,” and
revised site plans showing the changes.
He explained those changes and said the locations of the buildings are
substantially the same as proposed; the location of the parking is
substantially the same with the enhancements; the design of the project is
substantially the same; and the uses are exactly the same.
Attorney
Gorovitz advised that Bishop Thomas Wenski (phonetic) of the Catholic Church
and Dr. John Hitt, UCF President, asked that he express their strong support
for the project.
Attorney
Theriaque noted his objection, stating as Attorney Gorovitz said, this project
has been in the pipeline for 22 months and here they are at the eleventh hour
and they are getting revised site plans that none of his experts have received,
nor any of his witnesses. He said it is
not fair to walk in at the eleventh hour with revised site plans. He said they will be prejudiced by proceeding
tonight and he asked for this hearing to be moved to the next Commission
meeting to allow their witnesses an opportunity to review what was just handed
to the Board.
Chairman
Dallari advised Attorney Theriaque’s objection is noted on the record. He asked County Attorney Robert McMillan if
he saw any reason why the Board could not move forward.
Mr.
McMillan stated the documents have been supplied and Attorney Theriaque and
others can review them while the hearing is being conducted. He said if the Commission were to continue
every hearing when somebody comes up with new information, they would never
complete a hearing.
Whereupon,
Attorney Gorovitz stated they are comfortable with their original submittal and
should the Board choose not to approve the changes offered, that would be
acceptable to them.
Jeff
Smith, partner with Niles Bolton Associates, addressed the Board to state they
provide architectural design services to Mr. Ginsburg and Place Properties,
developer. He said this student housing
will be of the highest order; it is first-class property. It is currently scheduled to be the most
expensive brand of any of the competitive properties on or off campus. He said his firm specializes in student
housing. This will be the most elaborate
of communities that Place Properties has been involved in. He stated in a previous hearing at P&Z,
someone asked about supplying a phasing diagram. He clarified that this is a single-phase
development. Regarding building heights,
he showed a slide presentation (received and filed) and said the buildings are
limited in height to 35 feet above grade.
He showed and described the buildings in the project and their heights. He showed a sketch of Building G (four-story
student housing), their tallest building at 45 feet, comparing it with other
properties along McCulloch Road; and he showed slides of different views from
the subject property. He said they also
tried to study how their proposed buildings would impact the surrounding
neighborhood as you are moving south on Lockwood Boulevard. He explained that their civil engineer
created a depiction of the ability to navigate the turns so that emergency
equipment can be brought in the proper places, per Seminole County’s
requirements. This was done for the
entire property and specific interest was given at the north end of Building G
with how a vehicle would make the turn coming off Lockwood. Mr. Smith discussed the buffers around the
property. He explained that the area
requiring a variance is a very small portion and it is up against the Carillon
neighborhood retention area. He said the
nearest homes are several hundred feet beyond that. He said the leaders of the Methodist Church
suggested modifications to the proposed buffers and possible improvements. They have identified those on the revised
site plan. The Church has agreed to
consider allowing the applicant to enhance the landscaping on the Church’s
property as a way to further help in the buffering from their playground areas. He said they will continue to work with the
Church.
John
Walls, landscape architect with Miller Legg, 631 S. Orlando Avenue, speaking as
a member of the UCF Foundation Real Estate Committee as a consultant, addressed
the Board to state in 1987, he was one of the original designers of this
project and he is very familiar with it.
He showed an aerial photograph of the UCF and Carillon properties and
discussed the land use of the property, comparing it from 1987 to the present
time. He showed the original Carillon
Master Plan and discussed what was planned at that time. He said if this project were planned today,
it would be zoned for mixed use development.
This project is an excellent example of a mixed use project. He said there is a need in this area for
housing, retail and faith-based services.
This project is the answer to that.
It is consistent with the County’s Comprehensive Plan, and they believe
it is the highest and best use that will come to this property.
Judy
Stewart, Manager of Planning for the Dave Schmitt Engineering firm, 13013
Founders Square Drive, addressed the Board to state NorthView is a smart growth
project. She said the County staff spent
countless hours analyzing this project and determined that it is consistent
with the County’s Comprehensive Plan, and the Plan has policies that promote
mixed use development in the urban area.
She said, clearly, this is a mixed use development. NorthView discourages urban sprawl and
maintains short travel distances between commercial and residential areas. It provides a variety of housing and
transitional uses between residential and nonresidential areas. NorthView is in a transitional area between
the higher intensity of UCF area to the south and the lower intensity of the
Carillon residential area to the north.
NorthView adheres to the Comprehensive Plan policies for land use
compatibility by the sheer nature of its design and performance standards. She said the development program was created
specifically to provide the appropriate transitional use at this location. They have maintained the consistency of the
policies of the transportation element in the Comprehensive Plan. There is no development in the area of the
Conservation Overlay designation and there are no endangered or threatened
wildlife on the property; and the required open space is being provided.
Mohammed
Abdallah, Traffic Planning and Design, 535 Versailles Drive, addressed the
Board to state their firm conducted a traffic study for this project. Also, a national firm, PBS&J, was
retained by the applicant because they wanted the extra surety and assurance to
conduct a traffic study. Both firms
conducted studies on the project and they were reviewed by staff extensively
and the County’s consultant. They all came
back with a similar or same recommendation that the traffic studies recommended
improvements to the intersection of McCulloch Road and Lockwood Boulevard. The applicant has agreed to implement all
improvements recommended in the traffic study.
He described those recommendations.
Mr. Abdallah advised his firm also conducted an extensive parking
analysis and found that it takes about four beds of student housing to fill
three parking spaces, about .76 ratio of parking to a bed. Their recommendation was to have one space
per bed, and the project provided 1.03 spaces per bed. He advised the parking analysis methodology
and study were reviewed and agreed to by staff.
He advised that the results of the PBS&J’s study confirmed the
findings by Traffic Planning and Design.
Suresh
Gupta (phonetic), CEO and owner of Oxford Homes, addressed the Board to display
some information provided by George Glance, CEO of KB Homes, comparing four
neighborhoods around Pegasus Landing and the neighborhood around NorthView
regarding closings in Carillon and Pegasus Landing areas; the median price of
homes in those areas, the median square feet of the homes; average price per
square foot for both areas; average age of homes for both areas; percentage of
list price for sale of the homes; and average days in the market. He said from what he has seen in the
presentation of NorthView, Oxford Homes would love to build in this area. He said he would have no hesitation in saying
that this is a great area. The evidence
is showing that there has not been any negative affects by Pegasus Landing.
Richard
Beary, UCF Chief of Police, 4000 Central Florida Boulevard, addressed the Board
to state NorthView has planned and enhanced security features second to none
with an active camera system that will be monitored real time at the
University’s Police Department. He said
the parking garages have bar codes with gates and only UCF students will be
allowed to get in. He explained how
parking works for the University. He
said this project will be totally different with individual parking spaces per
bed plus the retail element meets the County’s code. He feels comfortable the parking will not be
what he deals with on a daily basis at the University. He said the UCF Police will be the first
responders and the response time is incredible because of the number of people
they have in close proximity. The UCF
Police have a mutual aid agreement with Seminole County and that works very
well. He said the University holds the
students to a higher standard than the County’s code State statutes, and they
have the ability to control any nuisance problems and those types of issues. This housing project will be run by UCF
staff. He said he believes this project
will generate less calls for service than commercial types he has dealt with in
the past.
Dr.
Maribeth Ehasz, Vice President for Student Development and Enrollment Services
at UCF, addressed the Board to state she is responsible for student housing,
student conduct and student neighbor relations and other areas that promote
student learning and success. She
discussed the role that UCF will have at NorthView in managing student housing;
the need that exists for University-managed student housing; the expectations
and responsibilities that UCF students are held accountable to; and the Student
Neighborhood Relations Program. She
reviewed the following slides: AY
2007-2008 Bed Deficits; UCF Rules of Conduct; and Community Living
Standards. She had distributed copies
(received and filed) of the booklets, “The Golden Rule 2008-2009 Student
Handbook”; “Community Living Guide,” and “A Knight’s Guide Being Good
Neighbors.” Dr. Ehasz reviewed
additional slides on Student Conduct Review Process; Possible Sanctions for
Violation(s) of UCF Rules of Conduct; and Partnership with Neighbors.
Dr.
William DeJong, Professor of Social and Behavioral Sciences at the Boston
University School of Public Health, addressed the Board to state he was asked
by the UCF Foundation to address three issues:
(1) The type of UCF students that would be attracted to living at
NorthView and what the research literature tells about these students; (2) The
advantage of having UCF hold jurisdiction over the residential facility; and
(3) Recommendations for how constructive ties can be built between the
residents of NorthView and the surrounding neighborhood.
Mr.
Gorovitz readdressed the Board to give some additional details, stating their
development team took a legal review of the project and he discussed same; he
reviewed that there is substantial justification for all the waivers requested;
he explained that all the components presented today need to work together; and
he said if NorthView is not approved, Mr. Ginsburg will have no choice but to
sell to the highest bidder and recover the $5,000,001 he has invested in the
project. He asked the Board to remember
how this process started more than two years ago with Mr. Ginsburg perceiving
the possibility to enhance the lives of college students in Central
Florida. Bishop Wensky and the Catholic
Church, and Dr. Hitt and UCF became excited about this possibility and so did
many others.
Mr.
Gorovitz submitted a Book of Evidence (received and filed) to the
Commissioners.
Chairman
Dallari recessed the meeting at 7:36 p.m. and reconvened it at 7:38 p.m.
Vincent A.
Cipollone, 6631 NW 99th Avenue, Parkland, UCF student, addressed the
Board to speak about the RA’s on the NorthView area and how hard they work. He said the RA’s are very diligent with what
they do and they are the first to respond if a student steps out of line.
Father
Stephen Parkes, 540 Walesly Street, Oviedo, representing Bishop Thomas Wenski
and the Catholic Diocese of Orlando on behalf of the Catholic Campus Ministry,
addressed the Board to state the mission of their organization is to complement
the academic and other community aspects of college life by providing a
spiritual home for their students, and by doing so they are creating future
leaders for tomorrow. They have found in
their ministry a group of students who are really seeking to better
themselves. He said the ability for them
to be a part of the NorthView project is a privilege because it will enable
them to continue to find complementary ministry they are able to do with the
students at UCF. They will also be
building bridges with the Jewish community.
He is speaking in support of the project because it will provide for the
students and faculty a place for prayer, for quiet reflection, and a place for
them to be able to realize the great potential they have as citizens of their
communities.
Rabbi
Jonathan Siger, Executive Director of Central Florida Hillel Foundation, 12321
University Boulevard, Orlando, addressed the Board to state their mission is to
help bridge their past, particularly Jewish people in America, to their future
through programs, travel experiences, classes, celebrations of holidays,
providing opportunities for their students and students in the larger community
to engage in other communities to develop themselves personally, professionally
as students and as whole, spiritual beings.
They do this in a spirit of ancient values of family, community and
mutual responsibility under and with the guidance of their saint
ancestors. He said this project will
allow them to rise to meet that challenge to make real connections to deliver a
generation of leaders for their community, their faith and for the nation. He thinks they will all benefit from the
NorthView project and he thinks it is a great blessing and opportunity that
they have been presented with.
Nina
Oppenheim, 2013 Wayhaven Court, Maitland, President of the Board of Central
Florida Hillel, addressed the Board to state Hillel provides a home away from
home for students. The Hillel staff
emphasizes responsibility, accountability and good citizenship. Hillel students participate in a broad range
of local community service projects, food drives, and public cleanups; and the
students help tutor at the Boys and Girls Club.
This housing will enable observing Jewish students to live in a setting
that supports their religious growth.
She said to succeed in growing their foundation, they need the three
parts working together—living space, retail space and the student center.
Andrew
Stein, 14722 Kristenright Lane, Orlando, addressed the Board to state where
they seem to come into disagreement with the Carillon residents is with the
student housing. At the last meeting, a
lot of the residents came up and gave specific examples of misconduct they had
seen by some students. They had Dr.
Ehasz come up a moment ago and talk about how this is going to be regulated by
UCF. He said he knows as a student at
UCF, he is involved in several different religious organizations on campus and
in the Student Government Association and they have a very firm grasp on the
student body. He knows that the student
body, as a whole, are scared to death of the University’s conduct rules and housing,
and the students don’t mess with it. He
said no one is moving into this facility with a mindset that he wants to be
like the examples they heard of at the last meeting. He said a lot of the Carillon residents were
concerned about this project coming into their space. He said this is a university of 50,000 that’s
already here and a lot of the students who go to the University already live in
this community.
Frannie
Marmorstein, 2659 Laser Court, Orlando, past President of Hillel, the Jewish
student organization on campus, addressed the Board to state her three years in
college so far have been unforgettable.
She has grown as a leader, developed her faith, excelled academically
and built amazing friendships. All of
this has been because of her experiences through Hillel. She shared her experience with keeping
kosher, the strict Jewish dietary laws.
She explained how this project will be of benefit to the students.
Michael Newman, 4000 Central
Florida Boulevard, Orlando, addressed the Board to state even though he doesn’t
practice the Jewish faith, Hillel has opened doors for him that otherwise would
not be open. He said whether it be
educational, moral, or spiritual, Hillel provides support for any individual
who needs it. He stressed that Hillel
fosters the environment for young college adults that many people do not
see. He also stressed his position as a
UCF housing student. He said he is the
president of the Towers Area Council and it is similar to this project because
it has a housing center and retail and is in a high traffic area. For the past five years, the Towers has been
very successful and the retail has been very successful.
Dr. Alan Fickett, 700 Aberdeen
Lane, Winter Springs, addressed the Board and had three maps and two notebooks
(copies received and filed) distributed containing Petitions, as shown on page
_______, signed by 2,709 citizens in support of this project. He said the maps are broken down by
Commission districts and he advised the number of citizens from each district
who signed the petitions. He stated he
is a proud alumnus of UCF (then Florida Technological University) and a
graduate of the first class in 1971. He
said throughout his entire time at the University, a project of this scope,
magnitude and benefit was hoped for, but was never able to be accomplished. He said there are 17,770 UCF alums that live
in Seminole County, and the 2,709 who signed the petitions ask for the Board’s
support.
Alex McGraw, 130 Lombardy Road,
Winter Springs, addressed the Board to state how much the campus ministry has
impacted his life. He said he believes
it is necessary to build this project so the ministry can truly reach out to
those seeking a home for those searching for more in life; a home for those in
a new, unfamiliar place; and a home for those who need a loving community and
want to build that community.
Dana Boyd, 3240 Curryville Road,
Chuluota, addressed the Board to state four of her adult children are alumni of
UCF and Catholic Campus Ministry. As a
parent, she is very grateful that her children had the privilege to participate
in Catholic Campus Ministry. What
impressed her most about their involvement in this ministry was the sense of
community, which was an integral part of their lives. All her adult children are now actively
serving in their communities with the enthusiasm that took root from their
involvement with Catholic Campus Ministry.
She is hoping the NorthView project will become a reality so that so
many more young people will be able to benefit and give that much more to their
community.
Sister Elizabeth Worley, Chief
Operating Officer with the Diocese of Orlando, 1009 Alfred Drive, Orlando,
speaking on behalf of Bishop Thomas Wenski, addressed the Board to state she is
acknowledging the full support of the Diocese for the Catholic Student Center
and the project. She said the project
has the support of over 20,000 Catholic families that reside in seven parishes
of Seminole County.
Philip Laurien, Executive Director
of the East Central Florida Regional Planning Council (ECFRPC), 631 N. Wymore
Road, addressed the Board to state he was asked if he would take a look at this
project and comment. He said he does
think the mixed use proposal is appropriate, and he thinks the intensity is
probably appropriate, but he will not specifically comment on that. He agreed that all the uses proposed in the
project are essential to its success. He
thinks there are some valid concerns that the neighborhood to the north has raised,
and some of these can be improved with some tweaks to the design as presented. Overall, he thinks this is an appropriate
use, it comports with the regional vision and he would support the project.
Upon inquiry by Chairman Dallari,
Mr. Laurien advised that Commissioner Carey, current member of the ECFRPC
Board, asked him to look at the project and comment.
Commissioner Carey clarified that
she made a general statement at the Regional Planning Council about a number of
these projects. Also at myRegion, they
have discussed a number of times that as they change the way they do development
and as the seven counties (86 cities) start to look at projects, they have all
signed onto this compact and it is going to be important that the people who
have helped them to understand this process also stay involved in the process. That was the level at which she asked Mr.
Laurien to take a look at this project.
Alan Ginsburg, 1551 Sandspur Road,
Maitland, representing several groups, addressed the Board to state that this
is not a religious issue but a zoning issue.
He said his position is strictly philanthropic. He is not involved in the development,
construction or ownership. He is just
trying to help the UCF Foundation get something done. He said UCF is a great engine for Seminole
County. He said 17,000 of the alumni
live in Seminole County. The University
creates jobs, commerce and also problems, all of which they have tried to
handle in the proposed development. He
noted that dozens of houses in the Carillon community are rented to students
with no controls and no laws. He said
this housing will be totally different.
To him, this is a perfect situation.
He said they have tried to answer all the objections over the past two
years and a $1.5 million. He asked the
Board, for the common good of the County and everyone involved, to give this
project and the sponsoring organization, their positive attention and
approval.
Chairman Dallari recessed the
meeting at 8:20 p.m. and reconvened it at 8:29 p.m.
Attorney David Theriaque, Theriaque
Vorbeck & Spain, Tallahassee, representing the Carillon Homeowners
Association, stated he will submit a notebook (copy received and filed) and
give a PowerPoint presentation (copy received and filed). He said while the project, as a whole, sounds
like a wonderful project and some incredible people have worked and spent a lot
of time on it, it’s in the wrong place.
He said it is too much. He noted
that his clients don’t have any objection to the religious uses or the
commercial uses. The rest of the story
is student housing. He said they already
have a mixed-use community called Carillon and a single-family, stable
neighborhood. The one aspect that has
not been discussed today is the protection of the existing use. He asked the Board to listen to their
presentation from the perspective of 833 homeowners who are already there, and
the investment in your home, for most people, is the largest investment you
will make in your life. He said they are
looking at well in excess of hundreds of millions of dollars that have been
invested in the Carillon community by the homeowners who already live
there. He stated this is not
transition. This use, from a planning
perspective, is not what you would place for a transitional use. This is an extension of the University into
the community. He understands that, historically,
the Board has put in a lot of time and effort to protect neighborhoods. When student housing was proposed, the Board
made sure there was increased and not decreased protection. He thinks the Board will see from their
presentation that each of the deviations the applicant has asked for decreased
the protection of the neighborhood. He
said the only way the applicants can do this project is to provide less
protection because it is too much.
Carl Burgender (phonetic), 1565
Gemini Court, Carillon, addressed the Board to describe their single-family
community. He asked the Board to help
them recognize that the proposed use is not a compatible transitional use. He said the intensity in this project and the
extreme proximity to Carillon is too much on that site. Students live the life of students and they
are not working parents and don’t keep nine to five hours like most of them in
Carillon. They come and go and do the
kind of things you would expect students to do.
He said he has talked to the neighbors extensively and he is very
confident that he speaks for the neighborhood when he says they do not oppose
the religious uses in any way, shape or form; and they welcome any type of
commercial activity that is currently permitted; but they have never expected
this kind of application and use.
Matt West, 3949 S. International
Parkway, addressed the Board to discuss the Procedural Issues of the PowerPoint
presentation. He said the County staff
and their team of experts are in disagreement over what’s required, from a due
process standpoint, before the Board can consider this application. They believe a Comprehensive Plan Amendment
is required based on a policy in the Comprehensive Plan that says a plan amendment
is required if the proposal shows uses or land areas not previously
approved. Garage parking is only
identified as a permitted use in C-2. He
said the original, approved PUD only approved C-1 uses. Now, a new use is being introduced into this
PUD. Staff has taken the position that
garage parking is ancillary. He
discussed this issue. He further
discussed that this is actually an extension of university campus facilities
into this PUD that never anticipated having such facilities. UCF is going to manage and police the
housing, and they talk about it as if it’s NorthView and don’t view it as being
part of Carillon anymore. He said UCF
has essentially annexed it and that’s another use that’s being introduced into
this PUD that was never anticipated. Any
or all of those three uses should necessitate a comprehensive plan with this
application. Further, he said the
residential density has increased on these three parcels. The original plan did have multi-family on
the parcels, so that density has been transferred from one tract to several other
tracts. That should necessitate a
comprehensive plan amendment. He said
that has impacts internally and externally when you start moving those
densities around. Those four reasons
should necessitate that a comprehensive plan amendment is required, and that
has not been processed. Mr. West also
discussed why this is not a rezoning from PUD to PUD. He said he thinks that’s another due process
step that staff has skipped. Mr. West
discussed the slide, Student Housing & Carillon Neighborhood, stating the
fact is that Carillon is a mixed-use PUD.
These are commercial tracts that were there to support Carillon and now
they are being annexed by the University; and these uses aren’t being built in
support of the Carillon homeowners. He
continued with discussion of the following topics: History of the Carillon Neighborhood;
Consistency & Compatibility Issues; Inconsistencies with Comp Plan (Pt 1
and Pt 2); Inconsistencies with Comp Plan (Pt 2 Illus.); Cell Tower
Recommendation; Requested Waivers/Reductions; Application Deficiencies; Site
Design Issues—Parking, Emergency Access and At-Grade Crosswalk; UCF Master Plan
Issue; and Reasons for Denial.
Mr. West explained the reasons for
denial are as follows: These tracts are
being removed from the Carillon PUD, so this is really a new PUD and should be
rezoned from PUD to PUD, if that’s what the Board wants to do and call it
NorthView and then it will not be a part of Carillon anymore; Uses proposed are
not in support of Carillon PUD; Student housing use is not consistent with the
intent and design of Carillon PUD; UCF campus extended into this residential
PUD; The application is deficient; The project violates previous County
Commission policy; It is inconsistent with the Comprehensive Plan; It is
incompatible with Carillon PUD single-family design; and Due process was not
followed for the Comp Plan Amendment or Rezoning.
Commissioner Carey commented in
information she received a week ago, the cell tower is shown on the site plan,
and she thinks it is very common for applicants to make changes between the
P&Z meeting and the BCC meeting.
Commissioner Henley commented that
he was trying to remember over the last two years how many times that Mr. West,
along with the County staff, developers and the Board, have taken a break in
the meeting in order for them to work out changes. Some of those changes were brought in as a
result of requests from homeowners’ associations and Planning &
Zoning. He noted that this is not an
unusual process that the Board is going through tonight. He said Mr. West criticized the developer for
turning in some information tonight and yet he handed information to the Board
tonight to read while listening to him.
Randall Morris, Lake Mary,
addressed the Board to state the applicant is held to a higher standard, as is
the staff. All they can do is respond to
whatever they see when the applicant and staff come to the meeting. He urged him that, as they consider all the
things that Mr. West said, that he consider that a lot of this is preservation
of legal rights. These are not all equal
statements being made simultaneously, but some of these are really strong legal
opinions. Mr. Morris said he served with
two of the Commissioners when they went through innumerable student housing
projects and spent many a long night doing that. When the Board starts to consider how they
evolved in their policy to where they are now, they have to look at the
history. He said what is being shown on
the map are the eight student housing projects Mr. West discussed earlier. Of the eight, all are to the west of this
project. There is no student housing to
the east. There has been no creeping
student housing within the last five or six years. He also pointed out in the discussion by
staff, they mentioned that for a number of the student housing, the Board gave
a lot of variances before. Mr. Morris
said the Code changed. Staff has read
the current Code and applied it to the Code prior to 2001 on a number of these
projects. He said the staff made an
error. They handed a sheet of paper to
the Board, unsigned and untitled, that made the statement, “No, don’t you see
we have variances here.” Mr. Morris said
those variances did not exist. The
projects were entirely different projects.
He said those projects were different in that they did not include
multiple elements, they didn’t include commercial, didn’t include meeting
spaces that could be available to the public and to religious entities; and
they didn’t include parking garages. He
said all of them were that way. Further,
he said the most important factor is that all of those projects are isolated,
individual, lot properties. This project
is not. The map shows on both sides of
the road is an entrance to a PUD. It is
not separate. The other projects were
contiguous to PUD’s and housing. This is
such that you drive through it to get to it.
This is the biggest difference and it has a profound effect from a
visual, psychological and buyer’s impact.
Mr. Morris said he thinks it is important for the Board to weigh in
their consideration that the Board, in its last denials, said student housing
is not compatible to single-family housing.
The Board also said they didn’t want rentals by the bed; it should be by
the unit. Those two points are direct
violations of what this applicant is attempting to do. For those reasons, he asked the Board to deny
this application.
Attorney Theriaque stated they
believe the Code requires a two mile radius and the documents in the Record
indicate the applicant only did a one mile radius for their traffic study. He submitted to the Record the following
(copies received and filed): Letter from
him to Mr. McMillan dated January 26, 2009; agenda memorandum request by Mr.
Gorovitz to rezone from PUD to PUD dated January 25, 2000; picture of
Winn-Dixie you see when looking at the property; and memorandum from Assistant
County Attorney Kathleen Furey-Tran to Mr. McMillan dated December 16,
2008. He said he believes this
memorandum from Ms. Furey-Tran supports their position that a PUD amendment
through an ordinance was required tonight.
Attorney Theriaque said he is hopeful that the Board will vote to deny
the project. He added that regarding the
documents they provided tonight, all those have been in existence for quite
some time and none of those are new. The
concern they have for the site plan tonight was that it was new and they had no
opportunity to sit down with the applicant and have him explain what he was
doing.
Commissioner Henley stated what the
applicant did tonight was explain the documents he submitted.
Attorney Theriaque concluded that
he believes they have provided the Board with more than enough legal basis to
say no. They think this application is
technically and procedurally flawed. At
the end of the day, it is about student housing. He reiterated that this isn’t property
adjacent to Carillon but it is in Carillon.
The property was planned to be part of Carillon and to function as a
mixed-use project. It is where the
commercial was to go to support Carillon.
This application is changing fundamentally and drastically; it is an
extension of university uses into the neighborhood. He said the County in its Comprehensive Plan
stated clearly that the protection of single-family neighborhoods is one of
their highest priorities. He said this
encroachment does not protect Carillon.
Deborah Schafer, 1740 Brumley Road,
speaking from the Chuluota Community Association, addressed the Board to state
they all know UCF is going to grow and that’s a great and wonderful opportunity
for all the students there, but it is affecting them as Seminole County
residents. She said she sits in meeting
after meeting of development talking about how they need to build the
development because UCF needs the housing.
She showed a map (copy received and filed) to which she referred. She said she just sat in a meeting in Orange
County in reference to a development on the east side of town. She said Rybolt Reserve is going to be a
massive DRI coming in. Her request is,
for the Econ area, seeing what the affect UCF is going to have on the entire
region of Orange County and Seminole County, and what UCF is doing. She thinks they really need to look at a
small area study in this area. There is
competent staff on both sides that can do that.
She said the development in Orange County has a multi-modal corridor
crossing the Econ, if it is approved. She
said there is a lot of pressure in this area and it comes from the growth of
UCF. Everything just keeps encroaching
and the citizens are all paying the price for it. She thinks unless they really know what’s
going on in this area and study and plan it, they are going to be standing at
the podium, time after time, neighborhood after neighborhood as they have done
in the past. She said let’s not do
things as they have done in the past but look to the future and the positive
part of UCF for what it can do for all of them.
She said if this is approved, she would like to see a bridge over
McCulloch. The other issue is that she
saw no green space on this project. If
they are going to be teaching the future youth what they need to do in this
country, it is looking at all those options as they build. She hopes the developer will go back and see
what he can do to make this green.
Ken Hofer, 3383 Foxcroft Circle,
President of Carillon Homeowners’ Association, addressed the Board to state
Carillon has never opposed the religious component of this application. He submitted copies of Petitions, as shown on
page _______, from about 600 homeowners who asked the HOA to move forward and
hire people to make a presentation. He
said he is in his fifth year as President of the HOA, and he never thought he
would be involved in something this big with the potential as life-changing to
their community as this project. He
explained that the residents spend a lot of money on the landscaping for the
aesthetic value because they care about their community and want to preserve
and protect it and their investment. He
asked the Commissioners to preserve their entrance and keep the integrity of
their community intact.
Karen Gisel, 1432 Hampstead
Terrace, addressed the Board to state she fails to see how a 584-bed student
housing and four-story parking garage, which is benefitting UCF, is compatible
with an 800+ single-resident community in Seminole County. She said dorms are not multi-family
housing. The density of this building is
just too much. This is not smart growth,
but UCF encroaching into Seminole County.
She said her house is very close to the four-story student housing and
garage. She asked the Commissioners if
they would want that garage on the other side of the woods from their
houses. She said look at all the front
entrances to UCF and the side entrances.
She said they have decided to take one of the prettier neighborhoods and
build this, and it will be pretty if they build it. She said the buildings on Alafaya have been
there since she was a teenager and are horrible. She asked why this is not being looked at as
a more viable area; and why is this not being looked at in Orange County.
Kathleen Esselstein, 3504 Foxcroft
Circle, addressed the Board to state it is her understanding that this venue is
being undertaken by a charitable organization.
She asked what revenue will Seminole County receive to offset the fire,
water, sewer, Sheriff and ambulance cost.
To her, that is very important.
Regarding the kosher kitchen in the community center, she asked what
impact that would have on the traffic and parking spaces. With this facility, many other people that
were not able to come because there wasn’t a kosher kitchen might now decide
that they would rather come to this university rather some of the other State
universities. She said she believes if
this plan is approved, it would be setting a dangerous precedent for the whole
State. She asked the Board to vote
against putting this high density development into a low density area that was
never meant to accommodate such usage, especially one where Seminole County
doesn’t receive a significant amount of tax revenue at a time when it could
benefit the most.
Scott Wallin, 3492 Woodley Park
Place, addressed the Board to ask the Commissioners to put themselves in their
place. He said imagine if they faced the
prospect of 600 college students becoming their next door neighbors. He imagines the Commissioners would
emphatically say the same thing they are saying—no way. He said he is confident that Mr. Ginsburg and
his team wouldn’t allow high density student housing in their
neighborhoods. He said UCF’s deficit of
on-campus housing is not Carillon’s problem.
These students will offer nothing to enhance their Carillon
experience. The students are transient
by nature, but the residents are Seminole County taxpayers and voters. He said the applicants have said the
residents will barely notice 600 students living in their corridor—traffic and
parking will not be an issue. But, as
they have seen tonight, the presentations are very biased with speakers either
funded by Mr. Ginsburg or employed by UCF.
He reported the findings from his own traffic study is that they already
have way too many cars. He said the
residents are not buying that their property values would not be impacted by
the dorm. They chalk UCF assurances of
exemplary student conduct and added police surveillance as nothing more than
campaign promises that one day will fade away and they will then be left with
the mess. He said college isn’t about
bricks and mortar but it’s about the people you meet and the education you
get. He asked Mr. Ginsburg to keep his
students out of their neighborhood and for UCF to conduct its business in its
own county.
Marylee Kraus, 3545 Foxcroft
Circle, addressed the Board to state when she moved into the area, she was told
that the subject property was zoned commercial and she thought that was great
as it would support the area. She also
liked the idea of being neighbors to UCF, however, she didn’t know they were
going to be moving in. She said she
supports the religious center and the retail.
The mere density of the student housing, no matter how upscale and good
or bad students, is just not compatible to that area along with the problems it
brings with it.
Robert Byers, 3928 Carnaby Drive,
addressed the Board to state he will be living literally in the back yard of
this development. He said he thinks the
Board should think very seriously about backing this plan when even the
applicant has told them that it will probably fail. They have insisted if any one of the elements
they propose does not succeed. He thinks
it is very likely that the retail space will not succeed. That space has been zoned commercial for 17
years and it has not been successful as retail space for 17 years. He said you can go up and down Alafaya and
all around this area and see multitudes of unused retail space. You can go on campus to the Towers area and
find unused retail space. He thinks the
Board should think very carefully about this before approving a project that
even the applicant doesn’t think will succeed because it’s balanced on this
razor’s edge.
Tom Boyko, 145 Thornhill Circle,
speaking on behalf of the Red Bug Residential Coalition, addressed the Board to
state the intensity and density of this project is much too intense for the
area. It will compound what is already
there as far as intensity. He asked why
this particular project should be built outside of the University property. If the University has space, why not build it
on its property. The Carillon
development was set many years ago and now there is a trend to go away from
this zoning. The present Carillon
development has to be considered and upheld and supported. He said the religious center will generate
more traffic and activity. At times, the
attendance at these activities exceed what was expected and then parking
becomes another issue. Another issue is
the so-called controlled bed rental issue.
He told of how students function by offering a place to stay to a friend
without his own place to stay. He said
almost all universities that rent by the bed encounter this issue. This development is a money-making endeavor
for the university only. He discussed
how the use of a bar code for parking will be handled. He asked if this development will open up a
pandora’s box for future development. He
asked if, in the time of budget cuts now, will this development be tax exempt.
Jennifer Gordon, 2335 Winding Cove,
addressed the Board and stated, for the record, that she does not live in
Carillon. She asked how does this
benefit Carillon or Seminole County at all.
It is fantastic for UCF, but this should be on the UCF campus and not in
Seminole County and not in Carillon. She
said she has been in property management for 15 years so she is very familiar
with student housing. She said you have
no way of knowing anything about a person until you have done a thorough
screening and even then, once they have moved in, you don’t know what you’ve
got until they are there and then you have to try to fix it. She said it’s not right for the homeowners of
Carillon to be subjected to that process.
Students need to live on campus.
There is plenty of off-campus housing.
She said there are plenty of rooms and beds available in the surrounding
apartment communities. There is 20%
vacancy, and that’s plenty of space for these students. Also, there is plenty of retail space
available in Seminole and Orange counties.
They don’t need additional retail space either. All they are doing is building more problems
and asking for more problems that don’t benefit the tax rolls at all. She said all the Board is doing is running
people out of Seminole County and that doesn’t do anything for the tax coffers. She stated this is not the time for this and
Carillon is certainly not the place.
Chris Akers, Executive Pastor at
University Carillon United Methodist Church, 1166 Lady Susan Drive, addressed
the Board to read a statement (received and filed) approved by their Leadership
Council on June 5, 2007, and amended on December 2, 2008, that concludes in
this case, the church has chosen to neither officially support nor oppose this
development. He reported that the church
believes they have worked out a reasonable plan with the applicant on five
issues brought to them relating to stormwater, buffering, fencing, the parking
garage, the west aesthetic view and lighting.
He encouraged the County to look at providing additional lighting down
McCulloch.
Pete Alvarado, 3338 Sterling Lake
Circle, addressed the Board to state one thing that concerns him is, and the
question was asked tonight, if these dorms are going to be reserved for the
religious students who are going to be using these religious places. It was stated that it was going to be a
first-come, first-serve basis. That
brings in the concern. It’s a wonderful
thought, but this is not a good place for their community. He asked why aren’t the dorms being allocated
and set aside for this specific group of people. Further, he said it was mentioned tonight
about the 1400 bed shortfall to support UCF.
Recently, he had the opportunity to review a set of plans for a new
five-story apartment complex called University House of Central Florida on
Alafaya, and that is an approximately 423-unit apartment complex with over 900
beds to support the University students.
That is already out for bid and is going to be built.
Teresa Takac, 3521 Foxcroft Circle,
addressed the Board to state when she and her husband looked at homes in
Central Florida, Seminole County was the best.
Since they have been here, they have seen UCF grow and that’s a good
thing, but UCF belongs in Orange County, not Seminole County. Students need to be with students; they need
that college experience. She feels that
this project would be better off on the UCF campus. If this were located on campus, more students
could walk there. She is personally
against the dorms; and the reason is that this is monstrous. This building is four stories and there isn’t
anything in Oviedo that tall. He said
the Board is asking the residents to accept all this on a very small piece of
property. She said the density is
tremendous. They are talking about
two-story homes and they don’t have big Redwood trees to hide this. It is really going to look quite odd. She said when the Board does this, they are
going to be setting a precedent for the rest of Seminole County.
Chairman Dallari recessed the
meeting at 9:55 p.m. and reconvened it at 10:05 p.m.
No one else spoke in support or in
opposition.
The Speaker Request Forms were
received and filed.
Written Comment Forms in opposition
to the project were received and filed from Mary G. Boyd, Robert Byers, Karen
Gisel, Marylee Kraus, Lola Pfeil, Kevin Richards, Rochelle Richards, and Justin
Venezit.
Additional letters (received and
filed) were submitted to the Record from concerned citizens.
A CD by Matt West of the Revised
Carillon PUD Major Amendment was received and filed.
Attorney Gorovitz gave rebuttal
comments stating that they have a sensational project with the right use,
place, people and right time and the opposition knows this. They are combing the County codes and
ordinances looking for some phraseology that will give rise to a technical
deficiency, but it’s not there. Mr.
McMillan has looked at this in detail and knows that the County has followed
all of the procedures required to follow.
He explained that the opposition did not do enough research to know that
in 2000 the applicant did change the zoning because the Chevron station
required a zoning change to add gas pumps.
He said in this case, they are not adding gas pumps, and Mr. McMillan
was right in saying the applicant is not rezoning from PD to PD. He clarified that this is an off-campus
facility and the property will be owned in part by the UCF Foundation and not
UCF. He responded to Ms. Schaffer’s
comments that the development agreement says they will comply with the crime
prevention through environmental design standards to the extent practicable. Regarding comments by Mr. West about
encroachment into the conservation area, Attorney Gorovitz showed an aerial map
(received and filed) to point out the conservation area and said the site is
developed up to and adjacent to the conservation area. On compatibility, he emphasized that the
County staff and their consultants used the County’s current code. He advised that in the documentation
presented to the Board, Tab 12, is a memorandum of law that suggests that
without any doubt, this project and application are completely compatible with
the Comprehensive Plan. He stated there
is plenty of justification for the waivers requested. Regarding payment of taxes, Attorney Gorovitz
stated they are proposing a $65 million construction project that will create
jobs that are desperately needed at this time and that will throw off all kinds
of taxes. When this is built, the ad
valorem real property taxes on the new project will far exceed what is there
today. This will be an additional source
of revenue that is not available today and that will be sales tax from 53,000
square feet of retail. He advised that
the kosher kitchen will not be a public kitchen and it is not a restaurant, but
is for the students. He also clarified
that what he thought he said in the presentation was if there is no retail, the
project won’t be built. If the project
as a whole is not approved, then it won’t be built. He asked today for a motion consistent with
their application with minor changes in the development agreement and the
master plan shown today. If approved,
they will be good neighbors. He asked
for approval of the project with 600 beds as submitted with the minor
modifications discussed today.
Upon inquiry by Chairman Dallari,
Attorney Gorovitz advised there is a fire station directly across the street
and he understands from Fire Chief Beck that there is capacity to service the
project. Further, he said because this
project is managed by UCF, UCF must open up the housing to everyone. They can be highly confident that when this
housing opens up, the Hillel students and the Campus Christian Ministry
students will jump on it, but as a matter of constitutional law, they cannot
exclude others. Attorney Gorovitz
answered other questions about the occupancy analysis and retail analysis. He said they are aware of other projects that
are on the drawing board, but they are not financed yet. There is no doubt that there is a market and
they will be fine. He advised
Commissioner Carey that there is a conservation overlay and it won’t be
touched. He advised Commissioner Henley
that to the best of his knowledge, there will be zero impact to the Econ
River.
Ms. DeBord stated in staff’s review
of the plan, they did not see anything that would affect the current
regulations with regard to the Econ Basin.
Upon inquiry by Chairman Dallari,
County Engineer Jerry McCollum addressed the Board to speak about the
intersection improvements.
Upon further inquiry by
Commissioner Carey, Attorney Gorovitz advised they are more than willing to
maintain at current standards or better all of the tracts at their cost if the
Homeowners Association chooses to give them an easement to do that.
Chairman Dallari surrendered the
gavel to Vice Chairman McLean for the purpose of offering a motion. He said UCF is a great neighbor. Seminole County has reaped the benefit of UCF
in so many different aspects. They have
been great partners. The growth of the
college has also been one of the catalysts that helped Seminole County
grow. His main issue is that this is an
existing neighborhood and PUD and this is student housing. He said he is at issue with the student
housing element.
Motion by
Commissioner Dallari to deny the request for a Major Amendment to the Carillon Planned
Unit Development (PUD) Parcels 202 Lot 2, 401 and 201 and deny the Final Master
Plan and Addendum #4 to the Carillon PUD on 25+/- acres, located on the north
side of the intersection of McCulloch Road and Lockwood Boulevard and authorize
the Chairman to execute the Denial Development Order; as described in the proof
of publication, AHG Group LLC and University of Central Florida Foundation,
Inc.
Vice Chairman McLean called for a
second to the motion two times without response, whereupon, the motion died for the lack of a second.
Vice Chairman McLean returned the
gavel to Chairman Dallari.
Commissioner Van Der Weide stated
he is prepared to make an alternate motion, but he would like to speak to the
Planning & Development Director before doing so.
Chairman Dallari recessed the
meeting at 10:33 p.m. to allow Commissioner Van Der Weide to meet briefly with
Ms. DeBord. He reconvened the meeting at
10:40 p.m.
Upon request by Commissioner Van
Der Weide, Mr. McMillan gave comments relative to some of the presentations.
Mr. McMillan commented about the
memorandum from Deputy County Attorney Kathleen Furey-Tran regarding the need
for a Comprehensive Plan Amendment; the ordinance approved in 2000; and the due
process issue.
Motion by
Commissioner Van Der Weide, seconded by Commissioner Henley, to approve the
request for a Major Amendment to the Carillon Planned Unit Development (PUD)
Parcels 202 Lot 2, 401 and 201 and approve the Final Master Plan, as revised,
and Addendum #4 to the Developer’s Commitment Agreement, as shown on page
_______, subject to the six changes as requested by the applicant, to the
Carillon PUD on 25+/- acres, located on the north side of the intersection of
McCulloch Road and Lockwood Boulevard, based on staff findings, and authorize the
Chairman to execute the revised Addendum #4; as described in the proof of
publication, AHG Group LLC and University of Central Florida Foundation, Inc.
Under discussion, Commissioner
Dallari said he thinks student housing is inappropriate next to residential
homes and he doesn’t think there is enough transition from the student housing
planned to the residential area. He also
doesn’t believe the setbacks are acceptable.
He said the UCF Master Plan calls for a 200 foot buffer and there’s a
reason why it calls for that. He said he
will not support the motion.
Commissioner Henley stated he
thinks a number of things were said tonight that were opinions and not
necessarily evidence. He said he agrees
with one of the spokesmen who said this is not part of the Carillon
subdivision, and that is correct. It is
part of the PUD, but it does not encroach into the subdivision. There would be no reason for a student to go
into the subdivision. He asked if you
don’t have student housing on the campus, where is the next best place to have
it; and that’s right next to the university.
He thinks the location of this will minimize rather than increase the
traffic. He said most of the activities
the students will be involved in will be taking place on the campus. He said the issue is not whether you have an
incident or not, it’s how you deal with it.
Based upon what he has heard tonight and seen in the information
provided, he thinks UCF is well positioned to respond appropriately and quickly
with the amount of supervision and regulations they have, and the controls they
can exercise. He thinks, in spite of
what they heard, it’s unrealistic to think they can locate residential housing
next to a university that is growing and not think changes will take
place. He noted that the University was
there first and is about the seventh largest university in the United States
now. He thinks Mr. Ginsburg and his
group have gone beyond what is necessary to try to minimize the impact and work
with the citizens. As said, UCF has been
a good partner. He thinks it is
important for them to realize the value that is there to Seminole County and
the students and the fact the students don’t have to leave the area to get an
education. He thinks Seminole County has
significantly benefitted from UCF. He
thinks this project will be done right and will prove the fact that it will
have minimum impact. That’s one of the
reasons he has decided to support the project.
Commissioner Van Der Weide said he
thinks it’s very important to remember when they all signed off on the compact
on “How Shall We Grow?,” and this project meets those requirements.
Commissioner Carey stated as they
change what little is left in the County and try to protect those conservation
areas and keep the green corridor, they have to go back to the 4 C’s of “How
Shall We Grow?” compact, which centers on transportation corridors that already
exist. She thinks this is applying those
principles. That’s why she asked Mr.
Laurien to look at the project and give her feedback. She stated, as a mother, a controlled student
housing setting is more stable and more consistent to what the students are
accustomed to while living at home. It’s
much more difficult when they go to a location to go to school and there is no
controlled student housing and peer pressure takes over at that point. She said she is glad to see student housing
at the gateway to the University.
Commissioner McLean stated he
agrees with Commissioner Van Der Weide and said if they are not going to use
the compact of “How Shall We Grow?, ” in this case to educate, and be able to
build that type of regional impact they know they have to do, because if they
don’t they’re going to get run over. He
said he is going to approve the application as well.
Chairman Dallari stated “How Shall
We Grow?” also talks about following a plan for growth. He has read the UCF Master Plan and it says
student housing will not be off campus, and it’s clear.
Districts 2, 3, 4 and 5 voted AYE
Chairman Dallari voted NAY.
-------
There being no further business to
come before the Board, the Chairman declared the meeting adjourned at 10:55
p.m., this same date.
ATTEST_______________________Clerk_____________________Chairman
er/sm/cc