BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
October 23, 2018
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, October 23, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Brenda Carey (District 5)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Kyla Farrell
Pastor Kevin Labby, Willow Creek Church, Winter Springs, gave the invocation. Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for Benada Aluminum Products, LLC, was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-1041
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring November 11, 2018, as Veterans Day in Seminole County.
Districts 1, 2, 3 and 5 voted AYE.
Ed Burford, Seminole County Veterans Services Officer, addressed the Board and discussed veterans who live in Seminole County. He stated there are many veterans in the room and he accepts the Proclamation not for himself but for the heroes standing behind him.
Agenda Item #2 – 2018-1040
Andrew Van Gaale, Executive Director of the Seminole County Port Authority, addressed the Board and stated he is here today to present their surplus fund contribution to the BCC in the amount of $700,000. He is proud of the year that they have had. The Port has had nearly 99% occupancy throughout the whole year and has had some record incomes. They are moving into the second phase of some major drainage projects and continuing the building program. Mr. Van Gaale advised they are working hard to keep the Port operating and fiscally sound.
Matthew Criswell, Chairman of the Seminole County Port Authority, addressed the Board and stated a hurricane went through while they were doing the drainage project and it went flawlessly. He added there are a few more projects to pull out in the coming years. Chairman Horan discussed the Port’s renovations. Mr. Van Gaale advised Mr. Kimbrell, La Mesa RV, recently visited with the Port and is interested in a Public Private Partnership in building a large maintenance facility on a piece of the Port’s property. Mr. Van Gaale is really excited to enter into that realm.
Agenda Item #3 – 2018-1038
Chairman Horan announced the Seminole County Property Appraiser’s Office recently received recertification from the International Association of Accessing Officers for the very prestigious Certificate of Excellence in Assessment Administration. Originally it was earned in 2005 followed by the first recertification that Seminole County received in 2012. Seminole County was the second jurisdiction to become recertified at that time. Only 44 jurisdictions of over 3,000 in the United States receive the certificate. The Chairman congratulated the Property Appraiser’s Office.
David Johnson, Seminole County Property Appraiser, addressed the Board and stated even though he gets to accept the award, it is not because of anything he has done; it is because he has a great and talented staff. He stated he appreciates working with the Board on a yearly basis to serve the citizens of Seminole County.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, announced Item #4 relating to Commissioner Constantine’s travel and mileage reimbursement has been pulled from the agenda.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
County Manager’s Office
4. Pulled from the Agenda the request to approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from July 18, 2018, to September 28, 2018; and authorize the use of Chairman John Horan's travel account in the amount of $362.63. (2018-1042)
5. Approve and authorize the Chairman to execute the Partnership Agreement between Seminole County and the University of Central Florida Research Foundation, Inc., in the amount of $240,000 for Fiscal Year 2018/19, for the purpose of supporting the UCF Business Incubator - Winter Springs. (2018-1043)
6. Approve and authorize the Chairman to execute a Tourist Development Tax Funding Agreement with the Central Florida Zoological Society, Inc., in the amount of $355,000 budgeted for the Fiscal Year 2018/19 funding allocation for marketing, advertising, maintenance, enhancements, repairs, and improvements. (2018-1033)
7. Approve and authorize the Chairman to execute the Florida Department of Health in Seminole County Health Services Agreement Fiscal Year 2018/19 in the amount of $60,000 to provide health care programs and services to homeless, uninsured and underinsured residents of Seminole County. (2018-0991)
8. Approve and authorize the Chairman to execute the Contract between Seminole County and the State of Florida Department of Health for operation of the Seminole County Health Department Contract Year 2018/19 in the amount not to exceed $807,970. (2018-0990)
9. Approve and authorize the Chairman to execute the Department of Health in Seminole County Integrated System of Care Agreement for Fiscal Year 2018/19 in the amount of $100,000 to help extend services to impoverished communities in Seminole County. (2018-1044)
10. Approve and authorize the Chairman to execute the amended Christian Sharing Center Fiscal Year 2018/19 CSA Funding Agreement in the amount of $77,500 for the food distribution program to include operation of a Food Pantry at the Department of Health in Seminole County. (2018-1021)
11. Approve the request to initiate foreclosure proceedings and direct the County Attorney’s Office to make the necessary filings to acquire the housing unit located at 1205 W. 6th Street Sanford, Florida. (2018-1022)
12. Approve and authorize the Chairman to execute the Central Florida Commission on Homelessness Community Services Funding Agreement Fiscal Year 2018/19 in the amount of $44,000 to provide advocacy services for the homeless population in Central Florida. (2018-1012)
13. Accept the grant award from the U.S. Department of Housing and Urban Development (HUD) for the Continuum of Care (CoC)/Shelter Plus Care Grant Program in the amount of $479,291; and authorize the Chairman to execute the Agreement (Exhibit 1 Scope of Work for FY 2017 Competition) on behalf of the County in accordance to Administrative Code Sections 1.10 and 22.20 D (1) d. (2018-1016)
14. Approve and authorize the Chairman to execute an Agreement with Community Initiatives, Inc., Rapid Re-Housing Program for State Housing Initiatives Partnership (SHIP) funds in the amount of $65,000 to be used for the provision of Rapid Re-Housing services, including rental assistance, utility payments and housing relocation services, to homeless households in Seminole County. (2018-1017)
15. Approve and authorize the Chairman to execute the Aspire Health Partners Homelessness Partnership Agreement in the amount of $88,475 to provide outreach, engagement, assessment, and housing stabilization case management services for the Seminole County homeless population. (2018-1018)
Planning and Development
16. Authorize release of Performance Bond (Roads) #268010117 in the amount of $2,720,621.20 for the Retreat at Lake Brantley subdivision; Pulte Home Company, LLC, Applicant. (2018-1003)
17. Authorize release of Maintenance Bond (Private Road Maintenance Agreement) #SU1128447 in the amount of $96,824.06 for the Walden Cove subdivision; Taylor Morrison of Florida, Inc., Applicant. (2018-1002)
18. Approve the plat for the Strive at Fern Park subdivision containing two (2) lots on 6.65 acres zoned C-2 (Retail Commercial), located on the east side of South U.S. Highway 17-92, south of Prairie Lake Drive; Estapona Senior Living, LLC, Applicant. (2018-0770)
Solid Waste Management
19. Approve the renewal of the Non-Exclusive Franchise Agreements for Commercial Solid Waste Collection Services with Republic Services of Florida from October 23, 2018, to September 30, 2019. (2018-1037)
Greenways and Natural Lands
20. Accept the 2018 Leisure Services Master Plan Update as a working document for use in the future planning of capital and operational projects to meet current and future County needs. (2018-1010)
21. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-136 and the Subordinations of County Drainage Interests with the State of Florida Department of Transportation (FDOT) subordinating drainage interests and rights for property in conjunction with improvements to SR 426 at CR 419. (2018-0979)
22. Approve and authorize the Chairman to execute the Colbert-Cameron Mitigation Bank Agreement of Purchase and Sale of Mitigation Credits in the amount of $6,000. The mitigation credits are required to obtain the Army Corps of Engineers permit for the SR 426/CR 419 Widening Project, Phase 2 from Pine Street to Avenue B. (2018-0985)
23. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-137 and a County Deed with the City of Sanford for the Riverwalk Project. (2018-1011)
24. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-138 implementing Budget Amendment Request (BAR) #18-083 through the General Fund to provide an additional $12,981 to cover overages in Operating Expenditures due to costs incurred by Hurricane Irma. (2018-1045)
Solid Waste Management
25. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-139 implementing Budget Amendment Request (BAR) #18-084 in the amount of $14,069,088 from Solid Waste Fund Reserves to cover overages in Operating Expenditures due to costs incurred by Hurricane Irma. (2018-1032)
26. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-140 implementing Budget Amendment Request (BAR) #19-003 through the General Fund Reserves in the amount of $221,608 to provide the County's Match Funds for True Health Federally Qualified Health Center to participate in the Low Income Pool distribution. (2018-1020)
27. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-141 implementing Budget Amendment Request (BAR) #19-005 in the amount of $25,453 through the General Fund to appropriate grant funding for election activities. (2018-1046)
28. Approve submittal of an application to the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), through the Fiscal Year 2018 Assistance to Firefighters Grant Program (AFG) requesting up to $1,800,000 for firefighter equipment; and authorize the County Manager to execute any documents associated with the grant application. (2018-1019)
Purchasing & Contracts
29. Approve Work Order #2 (Force Main Upgrade - CR 427 Gen. Hutchinson Pkwy to Greenwood Lakes Waste Water Treatment Facility) under PS-1822-18/TAD (Continuing Engineering Services for Utilities Improvements) with CPH, Inc. of Sanford, in the amount of $291,948.43; and authorize the Purchasing & Contracts Division to execute the Work Order. (2018-0982)
30. Approve the ranking list and authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, and the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-2009-18/TAD (MSA for Seminole County Utilities Master Plan). Estimated Term usage of $1,500,000. (2018-0949)
31. Award CC-2037-18/GCM (Lift Station Emergency Power Generator Installations) to Chinchor Electric, Inc. of Orange City, in the amount of $1,230,872; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-1013)
Districts 1, 2, 3 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller's Office
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
32. Approve Expenditure Approval Lists dated September 24 and October 1, 2018; Payroll Approval List dated September 20, 2018; and the BCC Official Minutes dated September 11 and September 12 (Budget Hearing), 2018. (2018-1025)
Districts 1, 2, 3 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Memorandum dated September 28, 2018, from County Attorney Bryant Applegate to Commission Records regarding the transcript from the Closed Session held on September 11, 2018, pertaining to the two Public Private Partnership (P3) proposals Seminole County received in response to the Request for Proposals (SCP3-0001-19) entitled Consolidation and Redevelopment of the 5 Points Seminole County Government Complex.
2. Educational System Impact Fee Rate Vesting Certificate #18-01800002 for Orange Creek; M/I Homes of Orlando, LLC.
3. Parks Contracts for Services with Natalie Segarra, Kenneth O’Connell, Nicolas Vazquez, Kevin Chase, and Jonathan Borksy.
4. Tennis Developmental Instructor Agreement with Kevin Chase and Assistant Tennis Pro Agreement with Jonathan Borksy.
5. Tourist Tax Funding Agreements with Perfect Game Youth Florida, Inc. for the Central Florida Kickoff and the Central Florida Showdown.
6. Amendment #2 to Work Order #7 to RFP-0532-15 with Connect Consulting, Inc.
7. Amendment #1 to Work Order #9 to RFP-0532-15 with Connect Consulting, Inc.
8. Closeout to Work Order #5 to CC-0559-15 with Central Florida Environmental Corp.
9. Change Order #1 to Work Order #7 to RFP-1294-17 with M&J Enterprises International, Inc.
10. Closeout to CC-1307-17 with P&S Paving, Inc.
11. First Amendment to CC-1719-18 with CTR III Enterprise, Inc. d/b/a Control Engineering Group.
12. Work Order #1 to PS-1802-18 with Kittelson & Associates.
13. PS-1832-18 with CDM Smith, Inc.; England-Thims & Miller, Inc.; and Tierra, Inc.
14. Amendment #5 to Work Order #11 to PS-3914-08 with Atkins North America, Inc.
15. Fourth Amendment to IFB-601758-13 with Schuller Contractors Incorporated (Primary Contractor).
16. First Amendment to IFB-602037-14 with Universal Signs & Accessories, a Division of McCain Sales of Florida, Inc.
17. Second Amendment to RFP-602088-14 with Mechanical Services of Central Florida, Inc.
18. Second Amendment to IFB-602373-15 with Ameriscapes Landscape Management Services, LLC.
19. Fifth Amendment to IFB-602588-16 with Cintas Corporation No. 2 d/b/a Cintas Fire Protection.
20. First Amendment to RFP-602846-17 with Cato Environmental Services, Inc.
21. Term Contracts IFB-603244-18 with A & Associates Staffing, Inc. and Hire Quest, LLC.
22. Amendment #2 to Work Order #58 to PS-8047-12 with Ardaman & Associates, Inc.
23. Amendment #6 to Work Order #1 to PS-9351-14 with CPH, Inc.
24. Amendment #3 to Work Order #6 to PS-9742-14 with CH2M Hill Engineers, Inc.
25. Amendment #5 to Work Order #1 to RFP-9948-14 with CH2M Hill Engineers, Inc.
26. Letter from Gretchen Venn to Florida Department of State, Division of Elections, along with Public Officer Oaths for Cole Copertino and Brian Hacker for the Seminole County Industrial Development Authority (SCIDA).
27. Maintenance Bond #1070677 (Water and Sewer Facilities) in the amount of $5,900 for the project known as The Station at Alafaya; The Hanover Insurance Company.
28. Bids as follows:
CC-1988-18 from Construction Partners, LLC; Huffman, Inc. d/b/a NuWave Concrete;
CC-2037-18 from Chinchor Electric, Inc.; Eau Gallie Electric; Expert Construction Managers, Inc.; Zabatt Engine Services, Inc. d/b/a Zabatt Power Systems;
CC-2019-18 from Glen Holt Aluminum, LLC; Blackstreet Enterprises; Linton Enterprises, Inc.;
BID-603232-18 from 4MD Medical Solutions, LLC; Bound Tree Medical, LLC; Henry Schein, Inc.;
IFB-603206A-18 from HEAD/Penn Racquet Sports; Pyramid School Products; BSN Sports;
IFB-603258-18 from Odyssey Manufacturing Company; Allied Universal Corporation;
PS-1998-18 from SMW GeoSciences, Inc.; Environmental Consulting & Technology, Inc.; Cardno, Inc.; CPH, Inc.; DRMP, Inc.; Environmental Science Associates; Inwood Consulting Engineers, Inc.; Aerostar SES, LLC; The Transit Group, Inc. d/b/a Ecological Associates, Inc.; E Sciences, Inc.; Flatwoods Consulting Group, Inc.; Dewberry Engineers, Inc.; Universal Engineering Sciences, Inc.; Wantman Group, Inc.; Keith & Schnars, P.A.;
PS-1832-18 from WSP USA, Inc.; Tierra, Inc.; Rummel, Klepper & Kahl, LLP; England-Thims & Miller, Inc.; DRMP, Inc.; AECOM Technical Services, Inc.; CDM Smith, Inc.; Adaptive Consulting Engineers, LLC; Atkins North America, Inc.; C&ES Consultants, Inc.; CPH, Inc.; Infrastructure Engineers, Inc.; Johnson, Mirmiran & Thompson, Inc.; Keith & Schnars, P.A.; Mehta and Associates, Inc.; Neel-Schaffer, Inc.; SAI Consulting Engineers, Inc.; Volkert, Inc.;
BID-603264-18 from Teer Engineering; Commercial Media Systems; The Integration Factory, Inc.; BCI Integrated Solutions;
RFP-603251-18 from Alshouse & Associates, LLC; Sumner Land Management;
PS-1822-18 from CDM Smith, Inc.; CH2M Hill Engineers, Inc.; Hazen and Sawyer; Reiss Engineering, Inc.; England-Thims & Miller, Inc.; Inwood Consulting Engineers, Inc.; Neel-Schaffer, Inc.; Wright-Pierce, Inc.; Carollo Engineers, Inc.; Kimley-Horn and Associates, Inc.; Arcadis U.S., Inc.; Atkins North America, Inc.; AECOM Technical Services, Inc.; CPH, Inc.;
RFQ-603240-18 from I. D-Vine Scoops; and
RFI-603282-18 from Dell Technologies; GETAC, Inc.; Strategic Systems & Technology Corp; Insight Public Sector.
COUNTY INVESTMENT ADVISOR REPORT
Chairman Horan advised they have a meeting several days before they get the investment reports every month; and the Clerk and personnel, Mr. McIntyre, County staff and the Chairman see the reports, so they get a preview and are able to collaborate on the recommendations.
Scott McIntyre, Managing Director and Senior Portfolio Manager for First Southwest Asset Management, addressed the Board to present his Investment Advisor’s Report for October 23, 2018 (copy received and filed).
Mr. McIntyre stated interest rates and market rates continue to climb. The reason for that is that the Fed remains on track for an interest rate increase in December and probably in March as well. The economic data has been pretty strong; there’s some signs of weakness, which has some people scratching their heads, but they will see how that all develops. And there are a lot of Treasury auctions because there’s more Treasury debt than expected. Some of the things that potentially could drive rates down in the future continue to be trade, global slowing, mid-term elections, President Trump’s Fed view, and stocks. He pointed out the stock market has slowed, and there has been a tremendous amount of volatility reintroduced as a result of trade.
Mr. McIntyre briefly reviewed the Employment chart and noted the unemployment rate fell to a new 49-year low. In regard to U.S. Purchasing Managers Surveys, he indicated the service sector survey of purchasing managers is at the highest level in decades. It is an outlook for purchasing managers in the U.S.; and anytime they get as high as they are (which is near the 60 level), that indicates very high confidence for business leaders. Although it doesn’t drive the economy, it certainly helps when people are optimistic.
Mr. McIntyre discussed Inflation. He explained the Fed wants inflation to be in check. For a while overall CPI was increasing, and the Fed wants to raise interest rates to slow the economy to nip inflation in the bud; and to the extent that they have managed to achieve that, some people think the Fed could then slow down in their rate hikes. They’re really more interested in PCE, which has pretty much flattened out. He advised it is a trend that is starting to emerge; they are starting to move either downward or flatten out depending on the measure. If that continues to be the case, the Fed could again rethink its aggressive position.
In regard to Retail Sales, Mr. McIntyre stated the reason he shows retail sales in his presentation is because consumers drive the U.S. economy. If they spend money, the economy grows. Year-over-year retail sales have fallen the last two months, and month-over-month retail sales have kind of been flat. He indicated that is a little bit of a headscratcher when you consider that the economy theoretically is doing well. The “flat” indicates that the tail end of the third quarter was slower than most people thought. It is not necessarily a trend, it is sort of potentially the beginning of a trend. Mr. McIntyre reviewed Interest Rate Outlook.
Mr. McIntyre stated he, the Chairman and a number of members of the Clerk’s Office had met via phone call on Thursday and talked about the market, interest rates, and exactly what to do. There are some payments coming up including a $13.6 million payment at the beginning of November that goes to the Sheriff’s Office. They want to continue to diversify, and diversifying is the key. He understands that the Fed is likely to raise rates, but there are an awful lot of balls in the air that could alter that. They want to make sure that the County has some money liquid to take advantage of the fact that rates are expected to rise, but also gradually positioning and locking in at what are ten-and-a-half-year highs.
Mr. McIntyre advised on October 26 there is a pool investment that matures. It is $10 million, and for a while they have been reinvesting pool maturities. For this pool maturity, they are going to allow it to go into the bank deposits; and then in November, that will be used partially to make the payment to the Sheriff’s Office. He is recommending one purchase this time; a single purchase maturing January 2020. The yield on that is 2.79%, which is a pretty good yield and a pretty good spot on the curve. They are also going to continue to build a ladder and very simply position maturities out in the event that the Fed rate hikes that they are anticipating don’t happen or happen later. They are going to go ahead and lock in because the market is already pricing that.
Mr. McIntyre stated he will not be present at the November meeting, so the next meeting he will be present at is December 11. There are going to be tax deposits received between now and then. They have decided that the best spot for those tax payments that are received between meetings will be their qualified public depository bank accounts, which are paying a very fair rate. One of the real advantages that the County has is that its cash options are extraordinarily high. He explained the County gets paid 2.35% on their public depository monies and that is a really good option that they have at this point for things like allowing the October 26 deposit to just sit in cash until it’s needed.
Chairman Horan stated that one of the great benefits of having the conversation that they had last week was recognizing in terms of managing cash flow that they had these other options. He advised the Clerk’s Office does a wonderful job of negotiating some very favorable rates on what otherwise would be dead money with their bank depositories, so they are taking advantage of that while they can. The Chairman indicated Brent Holladay, Chief Deputy Clerk, brought up a point that was very good that saves the County a bunch of money in terms of how they fund that $13 million payment. He noted Bruce McMenemy, Deputy County Manager, has been on all the phone calls as well. The Chairman added it is just one of the great advantages they have of having the monthly phone calls. Mr. McIntyre agreed that there has been some really good collaboration between the parties.
Mr. McIntyre advised taking the money and allowing it to mature and reinvesting a small portion of that into the Treasury Note is basically going to take their average days up from 182 to 194; so they add 12 days on their average maturity. They are still very, very liquid. They are in a very good position, at least between now and when the tax funds come in. Liquidity is a high priority for them. Mr. McIntyre stated the market has progressively moved higher since he has been here. Five months ago if they would have come out and said they are going to not gradually but all at one time jump out in the market, they would be stuck with some much lower rates than they have. Right now, since they gradually waited for the market to get ahead of itself and to price in the increases, they benefited really well from that.
Mr. McIntyre stated right now the yield on their portfolio is 2.46% instead of 2.44%. The one investment actually moves them up two basis points, which isn’t insignificant with the amount of money they have. But again, there’s hopefully quite a bit that they’re going to be able to invest in because there should be higher levels whenever the Fed makes the move in December. Mr. McIntyre stated there is plenty of liquidity and plenty of safety. The public depository investments are all secured and it’s a very safe portfolio as well.
Mr. McIntyre reviewed The Maturity Ladder. He noted he expects it’s going to be 25 basis points higher in December. Mr. McIntyre advised Clerk Maloy had talked to the banks after the Thursday phone call and they said that they’d be willing to accept additional funds as the County’s tax money comes in. That is a big plus because he thought the banks might not be willing to accept money; but the reality is, in Florida the economy is strong enough that the banks now need money. Years ago that wasn’t the case, but they are able to take advantage of it and that’s a big plus. He stated they tried to make sure that diversification is done by putting money out along the maturity curve. And the idea is, as they roll out a couple months and they have their first maturity, they can reinvest back into a higher rate. As they go forward month by month, they’re going to have maturities that get reinvested. In theory they can roll that out to the back of the ladder if it’s advantageous to do that and wait for it to roll down again.
Chairman Horan stated basically the way they’re setting up the ladder, they have a maturity coming up every month, and Mr. McIntyre replied that is the plan. The Chairman added one of the reasons they had the cash-flow option they had was because they had a maturity coming up and they had the ability to use that money and reinvest it or go ahead and make the payment with it, and they didn’t want to pull the money out of the bank accounts because they were getting such good rates.
On the Maturity Ladder graph, Mr. McIntyre pointed out there are some months they are missing intentionally. He explained June of next year has a bad day on the 15th and a bad day on the 30th, which essentially means that their security winds up maturing and then it’s not anywhere earning anything. They like to avoid quarter ends because the money disappears; it’s not in the bank and it’s not in a security, so they avoid those dates.
Mr. McIntyre reviewed Benchmark Comparison. He suggested it is very favorable to look at how they are doing in comparison to other counties. He pointed out 2016 and explained they were earning about a quarter of a basis point, and now it’s about 10 times that. He expects it will be significantly higher by the time they roll into June, which means more money for the County. Mr. McIntyre stated it has been managed very well and they have a very safe portfolio. They have managed to achieve the 2.44% without taking on additional risks.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt the Recommendations of the Board’s Financial Advisor based on the reports submitted today; and direct the Clerk to implement said Board adopted recommendations.
Districts 1, 2, 3, and 5 voted AYE.
Chairman Horan thanked Clerk Maloy, Chief Deputy Clerk Holladay, and staff for great cooperation during the meetings.
COUNTY ATTORNEY BRIEFING
Bryant Applegate, County Attorney, stated Deputy County Attorney Lynn Porter-Carlton will be arranging briefings with each Commissioner to update them on current litigation; and they will work on scheduling those. Mr. Applegate explained they keep a lot of things in-house on litigation, and they will be giving the Board a report on that as well. He stated when he was nominated twice in the 1990’s for a judicial position by a judicial nominating commission, one of the main reasons he was nominated was that the Courts that he had appeared before gave strong recommendations of his litigation ability.
Mr. Applegate advised he will not be at the November 13 BCC meeting, so the next time they meet will be at the Ethics training on December 4. They already have that planned and are working with SGTV on a few things. Ms. Guillet confirmed with Mr. Applegate that he will be present at the swearing in ceremony and reorganization of the Board on November 20.
Under direction of Commissioner Carey, Ms. Guillet confirmed she will make sure board members of the boards and committees that serve the county, regional board members, the School Board, Constitutional Officers, and the Cities are noticed and invited to the Ethics training.
Chairman Horan recessed the meeting at 10:25 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Grant Maloy, who was absent, and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, and 5 voted AYE.
Commissioners Dallari, Carey, and Constantine submitted their ex parte communications into the record (received and filed).
MOORES STATION ROAD PD REZONE/Pam Properties, LLC
Agenda Item #33 – 2018-0960
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for industrial warehouse uses on approximately 9.93 acres, located on the north side of Moores Station Road, approximately one-quarter mile west of Cameron Avenue; Pam Properties, LLC; received and filed.
Joy Giles, Planning and Development Division, addressed the Board to request a continuance to November 13, 2018.
With regard to public participation, no one in the audience spoke in support or in opposition to the continuance and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue until November 13, 2018 at 1:30 p.m., or as soon thereafter as possible, a request to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for industrial warehouse uses on approximately 9.93 acres, located on the north side of Moores Station Road, approximately one-quarter mile west of Cameron Avenue; Pam Properties, LLC; as described in the proof of publication.
Districts 1, 2, 3, and 5 voted AYE.
105 BRANTLEY HALL LANE BOAT DOCK/Sheila Cichra
Agenda Item #34 – 2018-1000
Proof of publication calling for a public hearing to consider approval of a 1,580-square-foot dock on property located on the west side of Brantley Hall Lane, approximately 436 feet north of Lake Front Lane, and more particularly known as 105 Brantley Hall Lane; Sheila Cichra; received and filed.
Mary Robinson, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Robinson explained that the application complies with the seven items listed in Chapter 70 of the Land Development Code, Dredge and Filling, and also meets the LDC height requirement. The Florida Department of Environmental Protection has issued a General Use Permit for the boat dock. Ms. Robinson advised that staff is recommending approval. It was determined that the Applicant was present but did not wish to speak.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a 1,580-square-foot dock on property located on the west side of Brantley Hall Lane, approximately 436 feet north of Lake Front Lane, and more particularly known as 105 Brantley Hall Lane; Sheila Cichra; as described in the proof of publication; Development Order (Alan D. Wiginton, Trustee).
Districts 1, 2, 3, and 5 voted AYE.
BROADSTONE FOREST LARGE SCALE FUTURE
LAND USE MAP AMENDMENT AND PD REZONE/
John Zeledon (Alliance Realty Partners)
Agenda Item #35 – 2018-0035
Proof of publication calling for a public hearing to consider adoption of a Large Scale Future Land Use Map Amendment from HIP-TI (Higher Intensity Planned Development-Target Industry) to Planned Development (PD) and a Rezone from PD (Planned Development) to PD (Planned Development) for a mixed-use development consisting of 12.04 acres of multifamily residential and 5 acres of commercial on approximately 17.04 acres, located on the southwest corner of International Parkway and SR 46; John Zeledon, V.P., Alliance Realty Partners, LLC; received and filed.
Rebecca Hammock, Development Services Director, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Hammock advised that the PD proposes 260 multifamily residential units and C-1 Retail Commercial uses except for those specifically listed as prohibited uses in the Development Order plus the uses of a microbrewery, a wine shop, and liquor stores associated with a grocery store. She talked about the number of stories and building heights for the 240 multifamily units and the 20 carriage units. The PD also proposes 76,230 square feet of retail commercial floor area. Ms. Hammock described the proposed buffers and building setbacks.
Ms. Hammock stated that the BCC reviewed the request and voted to transmit the proposed Future Land Use Map Amendment and Rezone on August 28, 2018. The request was reviewed by the Department of Economic Opportunity and other State review agencies, and they determined that the proposed land use amendment would not have any adverse impacts on state resources and issued letters of no objections. She explained that changes were made to the Development Order following the transmittal hearing based on discussion at that hearing and those changes are outlined in the Agenda Memorandum and illustrated in the Revised Development Order included in the agenda packet. Ms. Hammock stated that staff finds the request to be compatible with the trend of development in the area and consistent with the Land Development Code and Comprehensive Plan and recommends the Board approve this item.
Charlie Madden, Madden Moorhead & Stokes, addressed the Board to state he represents the contract purchasers of the property (Alliance Residential) for the multifamily parcel in the back and light development for the commercial parcel in the front. He talked about the meetings and negotiations he had with the adjacent property owners and the Lake Forest HOA. Mr. Madden referred to the Proposed Code Buffer Plan (received and filed) and indicated the locations of the four-story buildings and the three adjacent property owners. A tree survey was done of the west property line and the two-story buildings were moved around in order to maximize the tree preservation.
Mr. Madden pointed out the two main entrances on the map being displayed and reported they may choose to not build the Wayside entrance. That will be looked at with the final traffic report to make sure something else is not triggered offsite. He wanted that information on the record so they don’t have to come back and do a PD amendment if they choose to not do the Wayside Drive entrance. Mr. Madden displayed two engineer’s renderings of the Concept Plan “Y” (received and filed) and talked about some of the interest they have received for the commercial space.
Mr. Madden noted that at the transmittal hearing, Commissioner Constantine brought up the idea of considering three-story buildings. Mr. Madden announced they did look at that and then distributed an engineer’s drawing (received and filed) which depicts a view of what a six-foot person standing in the backyard of an adjacent home would see. He referred to the drawing and reviewed the differences in the line of sight between a three-story building that is 100 feet from the property line and a four-story building that is over 200 feet from the property line. To him, this drawing demonstrates how the extra setback is beneficial to a neighboring property owner.
Steve Salzberg, 109 Wayside Court and president of the Wayside Woods HOA, addressed the Board and spoke in opposition to the project. A photo (received and filed) of a building under construction was displayed. Mr. Salzberg stated the Broadstone Forest development at the corner of International Boulevard and State Road 46 is right next to his property and he challenges Mr. Madden’s findings on heights and what is seen and not seen. He believes this project will impact his quality of life and that of the other residents in the area and detailed five reasons why he thought the County would never approve this project. Mr. Salzberg pointed out that at Commissioner Carey’s request at the prior hearing, the Fire Director affirmed that the Fire Department lacked the resources to deal with this project. Mr. Salzberg advised that by the County’s own admission and that of the Fire Department, the County does not have the manpower, stations, or equipment to handle this project. He added that residents are totally opposed to this large of an apartment complex with over 6,000 apartments already located within three miles of this location.
George Sellery, 5231 Shoreline Circle, addressed the Board and spoke in opposition to the project. Mr. Sellery pointed out that a lot of people came out for the Planning and Zoning Commission meeting and those representatives listened to the people and thought this project was too tall and too big. There are already over 6,000 multifamily apartments within three miles of this location. He talked about the development being done with no infrastructure to handle it. He stated the Fire Department cannot handle this; they haven’t added stations or personnel or even a ladder truck. Mr. Sellery voiced his concerns regarding so many tall buildings that are going in on International Parkway and suggested there has to be some kind of supporting infrastructure. He reported that in the County’s own budget document, it shows they brought in $98,000 in impact fees for all of Fiscal Year 2016-2017. Development is not paying for this; residents are paying. He suggested that it is time to stop, take a break, and catch up a little bit so that they are not backed up traffic-wise all of the time in this area.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Public Comment Forms were received and filed.
Mr. Madden advised that when a company like Alliance Residential, which is a national multifamily developer, looks at a project like this, they do a lot of market studies to make sure that the demand is there. To him, a mixed-use project like this is a perfect fit for the International Parkway Corridor. He believes they have been sensitive to the neighbors in doing a good job with the buffering. He referred to the engineer’s drawing that was shown and stated even if the building was three stories, they would be asking for a smaller setback similar to Savannah Park. He believes the greater setback for the four-story building is appropriate and is a lower line of sight from the neighbors’ backyards and will be easier to hide than if a shorter building was closer to the property line.
Commissioner Dallari asked Mr. Madden about the road service levels after construction, and Mr. Madden replied that International Parkway was developed with these kinds of trips in mind. They did a traffic study for the submittal and all of the roads are operating at well below capacity even after completion. Commissioner Carey reminded everyone that they have had thousands of new jobs in just the last couple of years develop out there. She believes it was always the intention of the Board of County Commissioners (long before any of the current Board members served) to visualize that area as a high intensity planned development target area of the county with the intention that it would have tall buildings, offices, and hotels. The height approvals in that area are as high as 110 feet. Commissioner Carey noted that with the setbacks that have been provided and with the two-story carriage houses around the outside and focusing the four-story buildings in the middle, this is a great step-back concept of how you buffer something from two-story residential that is adjacent to it.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2018-32 enacting a Large Scale Future Land Use Map Amendment from HIP-TI (Higher Intensity Planned Development-Target Industry) to Planned Development (PD); adopt associated Ordinance #2018-33 enacting a Rezone from PD (Planned Development) to PD (Planned Development); and approve the associated Development Order (the most recent one that was circulated) and Master Development Plan for a maximum of 260 multifamily residential units and 76,230 square feet of nonresidential floor area on approximately 17.04 acres, located on the southwest corner of International Parkway and SR 46; John Zeledon, V.P., Alliance Realty Partners, LLC; as described in the proof of publication.
Under discussion, Commissioner Constantine talked about the concerns he had at the last hearing regarding the four-story buildings. While he still has confliction, he does have an engineer’s drawing suggesting that the concern about the view was not going to be as bad as might have been suggested. The Commissioner advised that he still has a concern regarding the fire safety and asked the County Manager to comment on that. Bruce McMenemy, Deputy County Manager, addressed the Board and advised that the Fire Chief has been unexpectedly called away but he has had extensive conversations with the Chief. Mr. McMenemy stated the Fire Chief was emphatic and does not see any risk to safety or any impact from a negative standpoint in regard to resources. The Fire Chief does not feel that this particular project will cause those types of concerns. Discussion ensued with regard to the Capital Improvement Plan and the projected purchase of additional equipment that can reach higher buildings. Ms. Guillet stated they review and make determinations of what is really necessary each budget year. She added there are sufficient resources and reminded the Board that they included sufficient monies in the forecast when they established the new Fire millage rate that would allow for significant capital purchases for vehicles every year within the Fire Fund.
Commissioner Constantine referred to Mr. Sellery’s comment regarding impact fees and asked whether it is true that the County has only received $98,000 in impact fees for the last fiscal year. Ms. Guillet stated she cannot state offhand what they have received. She would imagine that is not the case and suggested Mr. Sellery might have been referring simply to Fire impact fees. Chairman Horan advised there are a number of different types of impact fees that a developer pays. Ms. Guillet stated staff can get the Commissioners that information.
Chairman Horan stated when the Board looks at a development, they operate by rules and those rules indicate that you have to meet certain criteria to get a development approved. He detailed how the criteria on this project were met and advised he will be voting in favor of the staff’s recommendation.
Districts 1, 2, 3, and 5 voted AYE.
M.M. SMITH’S 2ND SUBDIVISION UNNAMED
RIGHT-OF-WAY VACATE/Wesley Ranch, LLC
Agenda Item #36 – 2018-0993
Proof of publication calling for a public hearing to consider adoption of a Resolution vacating and abandoning a 15-foot uncut portion of an unnamed right-of-way as recorded in Plat Book 1, page 101, of the Public Records of Seminole County, Florida, for property located on the east side of Vihlen Road, approximately one-quarter mile north of Citrus Drive, Sanford, Florida; Wesley Ranch, LLC; received and filed.
Joy Giles, Planning and Development Division, presented the request as outlined in the Agenda Memorandum. Ms. Giles stated the subject right-of-way is adjacent to the south line of Lot 52, Block B, which is owned by the Applicant. The Applicant proposes to utilize and maintain the 15-foot strip as part of their property. The right-of-way is not required for access to any other properties and Public Works has provided a letter of no objection. Ms. Giles stated staff recommends approval.
It was determined that the Applicant was present but did not wish to speak.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2018-R-142 vacating and abandoning a 15-foot uncut portion of an unnamed right-of-way lying south of Lot 52, Block B, of the M.M. Smith’s 2nd Subdivision, as recorded in Plat Book 1, page 101, of the Public Records of Seminole County, Florida; Wesley Ranch, LLC; as described in the proof of publication.
Districts 1, 2, 3, and 5 voted AYE.
COTTEN COURT REZONE/Jimmy Rampersaud
Agenda Item #37 – 2018-0998
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to R-1AAAA (Single Family Dwelling) on approximately 1.95 acres, located on the south side of Cotten Court approximately 550 feet west of Upsala Road; Jimmy Rampersaud; received and filed.
Joy Giles, Planning and Development Division, presented the request as outlined in the Agenda Memorandum. Ms. Giles explained that the Applicant is requesting a rezone in order to develop the subject property in compliance with the R-1AAAA zoning district with a minimum lot size of 21,780 square feet and a minimum lot width of 100 feet. The subject property has a Low Density Residential Future Land Use designation, which allows a maximum density of four dwelling units per net buildable acre and the 1.95-acre parcel would allow for three lots. Ms. Giles stated staff finds the request to be consistent with the Comprehensive Plan and compatible with the surrounding area. The Planning and Zoning Commission recommended approval and staff is also recommending approval of the request.
It was determined that the Applicant was present and did not wish to speak.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2018-34 enacting a Rezone from A-1 (Agriculture) to R-1AAAA (Single Family Dwelling) on approximately 1.95 acres, located on the south side of Cotten Court approximately 550 feet west of Upsala Road; Jimmy Rampersaud; as described in the proof of publication.
Districts 1, 2, 3, and 5 voted AYE.
WEKIVA ISLAND PD MAJOR AMENDMENT/William Weinaug
Agenda Item #38 – 2018-0971
Proof of publication calling for a public hearing to consider a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) for approximately 5.5 acres, located at the northern terminus of Miami Springs Road; William Weinaug; received and filed.
Julie Evans, Court Reporter with Seminole Reporting Inc. in Longwood, was present for this item only.
Kathy Hammel, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Hammel advised that this property is located in the Wekiva River Protection Area. In 1999, in accordance with a compliance agreement between Seminole County and Department of Community Affairs, the County amended its Comprehensive Plan to include additional Goals, Objectives and Policies strengthening restrictions to protect the Wekiva River. The Land Development Code was also amended to support these requirements. Ms. Hammel explained that prior to the Act, the property was known as the Wekiva Marina. When the Wekiva River Protection Act was passed, the uses of the Wekiva Marina were rendered legal, non-conforming uses. The Board of County Commissioners then changed the Future Land Use of the subject property to Recreation in order to reconcile the Future Land Use designation with the existing legal non-conforming uses of the Wekiva Marina. The property was then rezoned to Planned Development.
Ms. Hammel advised that the request before the Board today is to amend the Planned Development that was adopted in 2011. If the Board decides not to approve this Major Amendment, then the Development Order that was approved in 2011 will remain in place. Since the Planning and Zoning Commission hearing, the Development Order has been revised in order to further clarify the uses that are permitted in the current Development Order and those which are prohibited. There are also additional conditions that were volunteered by the Applicant concerning fertilizers and pesticides, the sharing of contact information to resolve day-to-day issues, removing the illuminated sign, and including a traffic calming device. Ms. Hammel pointed out that per the County Engineer, any traffic calming devices would need to be studied to see if warranted and if they are, they need to be brought back to the BCC for approval.
Ms. Hammel stated the language in the revised Development Order concerning the use of a food truck in lieu of the preparation and service of food within the concession building, the use of the second floor of the concession building not to include retail sales, and occupancy not to exceed 395 people is consistent with the Wekiva River Protection Act, the Seminole County Comprehensive Plan, and the Land Development Code. She advised that staff is recommending the Board approve the Major Amendment based upon the revised Development Order.
Ms. Hammel stated they did receive additional emails (received and filed) last night and submitted them into the record.
William Weinaug, President of Wekiva Island, addressed the Board to present his request. Mr. Weinaug noted that they have over 24,000 Facebook followers and likes. He thinks it might have been easy to get signatures online but they did not do that; he submitted petitions (received and filed) with 2,500 local signatures that were put together after the food truck was removed and are in support of the food truck and 1,500 other signatures that are in support of the amendments to the current D.O. that they are asking for.
Mr. Weinaug displayed and reviewed his PowerPoint presentation (received and filed). He briefly discussed the history of the Wekiva Marina and noted that the Wekiva River Protection Act says that there should not be any further development beyond what was there in 1999; so he believes that what was there in 1999 might be the metric and what was legally allowed. Mr. Weinaug talked about the art events that are held at Wekiva Island, some of their Green Initiatives, and their focus on learning.
Mr. Weinaug advised that they have been trying to give staff all of the information they need and answer any questions they have. He stated there are about 22 changes in the Development Order. Four of those changes are things that they want and they were asking for. The other changes are actually changes that were put into the Development Order from conversations with neighbors, conversations with the Sheriff’s Office, and input from County staff as well.
Chuck O’Neal, 2329 Park Village Place, addressed the Board to speak in support of the item. Mr. O’Neal stated he is president of Speak Up Wekiva, Inc. He noted there has been some concern generated about the environmental impact of these changes and described how the majority of the impacts to the Wekiva River that he sees occur in Orange County. What he enjoys and appreciates about the Weinaugs and Wekiva Island is that they bring people to the river and to the park and to the forest so they appreciate these things. Mr. O’Neal talked about how the Weinaugs educate people on what is going on and how to be conscious of what they put in the ground and the fertilizers they use. He believes they have been excellent stewards of the river.
Tom Dyll, 340 West Wekiva Trail, addressed the Board to speak in support of the item and read his statement (received and filed) into the record. Mr. Dyll talked about why he loves going to Wekiva Island. He advised that at no time has he ever seen things get out of control and described how management is extremely proactive about policing activities that may go too far and protecting the natural surroundings. Mr. Dyll believes the real issue is a small group of vocal residents in the community next to Wekiva Island that wishes to prevent them from operating in a manner that greatly benefits the community so they can have the area to themselves. He talked about how long the business that is now Wekiva Island has existed and how it attracts all income levels, all races, all ages, and all social groups.
Mr. Dyll summarized by saying Wekiva Island is a unique business that serves the cultural and economic engine benefiting the vast majority of the citizens. The owners and management go out of their way to make it the most socially and environmentally responsible business possible. Any attempts by Seminole County residents or the County itself to limit their activities is counterproductive to the wishes of the citizens. He asked the Board to find a way to support Wekiva Island’s initiatives.
Brandy Hastings, 210 Pembrook Place, addressed the Board to speak in support of the item. Ms. Hastings stated that Wekiva Island is actually a reason why she bought her home and she loves nature and the river. She talked about how the river wasn’t always beautiful and how Wekiva Island has brought the community together to do cleanups on the river and show what the community can do working together. Ms. Hastings believes Wekiva Island has brought value to the property that she owns by having someplace that is natural and a source of recreation.
Wes Shaffer, 3034 Fairway Lane, addressed the Board to speak in opposition to the item. Mr. Shaffer distributed a report (received and filed) done by GAI Consultants and displayed a map from the report. He noted that he is a follower of Wekiva Island on their Facebook page and appreciates what the Weinaugs do but does have some substantial concerns with the proposed Development Order and Master Plan Amendment. Mr. Shaffer explained that the report that was just entered into the record addresses the Comprehensive Plan consistency and Land Use compatibility issues associated with the proposed Wekiva Island Development Order and Master Development Plan Amendment. He then read a statement (received and filed) into the record which summarized the findings of the report. Mr. Shaffer advised that for the reasons stated in the document that he entered into the record, he recommends that the BCC reject the proposed Master Plan Amendment for Wekiva Island as presented in the current applications since it is inconsistent with the County’s Comp Plan and Land Development Code and reject the proposed Development Order since it is inconsistent with the County’s Comp Plan and proposed Master Development Plan submitted with the application. He added that approving the Development Order and Master Plan Amendment currently submitted would violate State Statute.
Barbara Thornton, 3764 Watercrest Drive, addressed the Board to speak in opposition to the item. Ms. Thornton provided a large stack of documents (received and filed) and informed the Board that this stack of documents represents all of the information they have gathered over the summer doing research. Contained in the documents are 546 petitions that were hand signed and 120 petitions that are online. Ms. Thornton emphasized that they all love Wekiva Island and are not trying to shut them down. The problem they have been having with Wekiva Island is that they have sort of “jumped the shark” and they need to rein some things in.
Ms. Thornton stated they have been living with some intolerable problems since the Weinaugs have changed Wekiva Island and noted that the large stack of documents that she provided will show exactly what the neighborhood has been living with as well as shed light on the landowners’ failures to responsibly manage their occupancy problem. She referred to the people that signed the petitions and noted that most of them have visited Wekiva Island and most of them enjoy the access to the river. She talked about the concerns these people have that a line has been crossed.
Ms. Thornton described several meetings that she had with the Weinaugs and discussions she had with the District 3 Commissioner, Commissioner Constantine, concerning Wekiva Island’s plan and a Memorandum of Understanding. She advised that Mr. Weinaug resubmitted his application to the County dated April 15 which misrepresented their talking points and left out the neighborhood’s many concerns. She added that the reason she is bringing up these events is because of the trust issues that have happened because of the problems and because they say one thing and do another. There is now a big trust issue between both parties.
Chairman Horan requested that Ms. Thornton summarize what is in the stack of documents.
Ms. Thornton advised she wants to talk about the Development Order. She appreciates what they have done by moving the outdoor music inside the concession building and noted that it has really helped. She pointed out that the Development Order says that when the outdoor movies are shown, the speakers should be oriented away from contiguous adjacent areas. She talked about how low frequency sounds travel and explained that they can hear the sounds. Their concern with a lot of the special events is that they can hear the sounds all of the time.
With regard to the walk-ins and occupancy, Ms. Thornton appreciates that they have changed the capacity to 395 as recommended. They would like to see the words “no walk-ins” in the last sentence of Item 3(t) because of the huge impact it has on their community. Ms. Thornton discussed some of the problems there are with managing occupancy and the parking spaces and proposed they leave the parking the way it is now if they increase their occupancy to 395. She talked about the need for keeping the “at capacity” sign up on the corner of the road and not allowing the cars to turn around, park, and walk in.
Ms. Thornton stated if the solar array is allowed, they want the D.O. to prohibit any amplified sound whatsoever within that solar array. With regard to Item 3(x), Ms. Thornton talked about how leaving text messages for Ms. Weinaug regarding problems in the past did not work and she believes there needs to be a procedure in place. She noted that the community has kind of created a procedure this year working with the Sheriff’s Office and Code Enforcement. They do like the idea of speed humps and would like to know more about that. Ms. Thornton summarized that they don’t oppose Wekiva Island but they have to stop somewhere. She requested the Board oppose this intensification.
Chairman Horan referred to the stack of documents and asked what those exhibits are. Ms. Thornton responded that it is emails and everything they have been through. She added that proof of anything that the folks from the community are going to say today is in that stack of documents.
Nick Kinsey, 3862 Watercrest Drive, addressed the Board to speak in opposition to the item. Mr. Kinsey stated he thinks collectively, as a community and as a neighborhood, they enjoy Wekiva Island as is and then talked about taking his family members to Wekiva Island. He stated he does have issues and concerns about making sure that things that are agreed upon are managed so that people are held accountable and there is some level of control around it. Mr. Kinsey displayed some talking points on his iPad (not received and filed). He discussed the location of the “at capacity” sign (which is typically down at the bottom of Miami Springs Drive) and how people, when they find out they can’t get in, turn around and then walk down; this doubles the traffic on their road and creates gaggles of people walking up and down the road. Mr. Kinsey displayed several photos (not received and filed) on his iPad illustrating people loitering and the SWS parking lot with Uber drivers and people waiting to get into Wekiva Island. He concluded by stating that the capacity they are trying to input into that small area without having proper ingress and egress could be fatal.
Marjorie Holt, representative for the Sierra Club/Central Florida Group, addressed the Board and stated she is requesting the Board adopt this item exactly as Ms. Hammel has put forth in the Memorandum. Ms. Holt clarified that asking the Board to approve staff’s recommendations in no way reflects the Sierra Club’s support for Wekiva Island’s onsite operations. They believe the business negatively impacts nearby residents and the wildlife that make Wekiva River their home. The Sierra Club supports a plan that supports an allowable recreational footprint as noted in staff findings which prohibits further commercial development on properties not assigned a Commercial Land Use designation. Ms. Holt stated she understands the current food truck has been pulled off the site. They want to make sure if a food truck is used onsite that it remains mobile, properly licensed, and has a valid license tag. She added she hopes Wekiva Island can be a good neighbor and work within staff’s recommendations.
David Wayne, 3886 Watercrest Drive, addressed the Board to speak in opposition to the item. Mr. Wayne stated he feels that in all situations accountability is the most important thing and believes the “devil is in the details” of any agreement. He read a document (received and filed) into the record which clarified what the feelings of his neighbors are concerning Items 3(b)1, 3(b)(10), 3(b)(11), 3(i), 3(p), and 3(t) in the Development Order. He stressed that they vehemently object to walk-ins.
Deborah Shelley, 9710 East Dewey Robbins Road, addressed the Board to speak in opposition to the item. Ms. Shelley stated she is with the Aquatic Preserve Alliance of Central Florida and described the activities of the Alliance, which is a citizen support group dedicated to the Wekiva and Middle St. Johns Aquatic Preserves. She then reviewed her past work history, the degrees that she holds, the boards that she has served on, and her relationship with Wekiva Island and the Weinaugs.
Ms. Shelley advised that many people have worked very hard over many years to get the criteria in place to provide some measure of protection to the resources and aesthetics of the river. She stated the Alliance stands by their previously submitted comments that state they believe during busy times Wekiva Island is currently over capacity and no additional capacity is warranted. The Alliance supports the Friends of the Wekiva River and Seminole Audubon written comments that were submitted to the Board. She discussed accountability regarding the keeping track of the number of patrons, which she believes is currently missing, and how that accountability could be achieved. With regard to parking spaces, if you use two patrons and 200 vehicles, that would be 400 people and would be over the current capacity and over the new proposed capacity of 395. She explained why she believes there is no need for additional parking spaces.
Ms. Shelley mentioned the solar array and noted that if the prohibition of buildings or structures within the 200-foot environmental and scenic buffer is not upheld per the conservation policy, she would ask that Mr. Weinaug work with the environmental community to design a structure that is not so glaringly in contrast to the environment as the huge white tent that was in place for so many years. She suggested that other design features be incorporated that would minimize contrast between the structure and the natural environment. Ms. Shelley discussed Conservation Policy 2.5(b) and wondered whether or not a building would be allowed within the 50-foot and the 200-foot zone. She summarized that there are just too many people using the site and it has gotten to the point where the current requests are just too much and are not warranted. They need to fix the existing problems and get some accountability. She requested that the Board deny the request.
Michael Emmons, 818 Miami Spring Drive, addressed the Board to speak in opposition to the item and advised that he is not part of the Sweetwater Springs neighborhood. Mr. Emmons talked about his concerns with the traffic, which he believes has gotten out of hand. He suggested that putting in speed bumps after Sweetwater Springs to keep people from driving so fast would help a lot.
Pam Meharg, representative for Seminole Audubon Society, addressed the Board to speak in opposition to the item. Ms. Meharg stated that Seminole Audubon Society has been involved with efforts to protect the Wekiva River Basin and the wildlife associated within since their inception. She pointed out that they were involved in the crafting of the language of the Wekiva River Protection Act and were parties to the compliance agreement between Seminole County and the Department of Community Affairs in 1999. That compliance agreement led to amendments to the Seminole County Comprehensive Plan that increased protections for the Wekiva River Basin Area.
Ms. Meharg stated that although the compliance agreement was a comprehensive agreement, their concerns today are about the stipulation in the agreement that no further commercial development is allowed on properties not assigned a Commercial Land Use designation as of December 15, 1999. The addition of a food truck and retail sales on the second floor of the concession building are not permitted activities as they clearly expand commercial activities. Ms. Meharg discussed some of her concerns regarding increased occupancy and the increase in noise that comes with additional people. She reminded everyone that the Wekiva River is a designated wild and scenic waterway and they should make sure they protect that scenic beauty. Although the solar array is apparently an allowed structure, it is not scenic and should be located outside of the 200-foot buffer.
Ms. Meharg noted that they recognize that the food truck has been onsite for some years although it is a violation of the code. They also believe the occupancy levels now exceed the permitted levels; however, notwithstanding their expressed concerns, if the Commissioners will accept this Development Order exactly as written, the Audubon Society will not oppose that decision barring that it is not found in the future to violate State statues.
Brandon Burns, 941 Bearded Oaks Terrace, addressed the Board to speak in opposition to the item. Mr. Burns stated what the Board has heard today and what they will continue to hear has a general underlying theme and that theme can only be described as a consistent pattern of violations under the current Development Order with zero enforcement. Mr. Burns talked about the expenses his community has had to incur for their general safety regarding loitering and trespassing. He stated these recurring expenses are now in excess of $30,000 over the years and wondered where the costs will go in the future; and he talked about the loss of property value. Mr. Burns summarized that if the current smaller Development Order cannot be enforced to regulate things, how is it believable that the larger, more advanced Development Order will have any sense to regulation and/or enforcement.
Chairman Horan recessed the meeting at 3:30 p.m., reconvening it at 3:40 p.m.
Joan Braun, 3787 Watercrest Drive, addressed the Board to speak in opposition to the item and displayed a photo (received and filed) of Wekiva Island. With regard to occupancy, Ms. Braun reported that the Development Order says the maximum capacity is 395 people including employees and is counted at the ingress/egress at Miami Springs Drive. Mr. Braun discussed her concerns with walk-ins and the need to have the “full occupancy” sign at the south end of Miami Springs Drive. Since Wekiva Island has not been able to effectively address occupancy at 260, she wondered why they would be able to do so at 395. She stated they have presented evidence that the Weinaugs have not been abiding by the existing Development Order for years; and in her view, she believes the Weinaugs have violated the trust of the Board of County Commissioners and the trust of the citizens of Seminole County.
Ms. Braun suggested that every line number in this application be reviewed for enforceability. The rules must be clear and concise and a special Code Enforcement process must be put in place just for Wekiva Island, one that is much less of a burden on the community and has severe penalties for violations to serve as a deterrent to the usual behavior. She added that only when Wekiva Island has consistently demonstrated their ability to abide by the rules and honor the legal obligations will they become the good neighbors that they claim to be.
Brad Visser, 3772 Watercrest Drive, addressed the Board to speak in opposition to the item and displayed a photo of what has been envisioned for the solar array. Mr. Visser stated this is supposed to be over the slab where the bait shop used to exist. He and his neighbors feel it is kind of like a rebranding of the pavilion and is a sham to avoid the WRPA restrictions of building within 200 feet of the river. Mr. Visser referred to the displayed photo and noted this came from a meeting they had with the Weinaugs. To date, they have not seen any plans or specifications regarding the proposed structure and there are many unanswered questions.
Mr. Visser stated Wekiva Island is proposing to construct a permanent awning attached by piers sturdy enough to install solar panels on top and he explained why he believes that is a violation of Conservation Policy 2.5(b). The Friends of Wekiva River have written a letter dated October 15, 2018, about this topic stating their opinion is that the solar array should be relocated to another roof on an existing building; that the solar array is inconsistent with goals and objectives of the Wekiva Wild and Scenic River Management Plan and the Seminole County Comp Plan Conservation Policy 2.5(b); and that they strongly object to its placement within the 200-foot scenic buffer. He urged the Commissioners to practice strong river stewardship, uphold existing regulations, and deny the solar array as proposed.
Lorien Prince, 3878 Watercrest Drive, addressed the Board to speak in opposition to the item. Ms. Prince discussed the monitoring of traffic on Miami Springs Drive by the Sheriff’s Office. She explained there were four samples that were previously submitted into evidence between June and September of 2018. She explained the traffic samples she is going to show to the Board are from monitoring devices installed north of the Sweetwater Springs entrance so the figures are 100% Wekiva Island traffic. Ms. Prince displayed a Traffic Study graph from July 2, 2018 through July 7, 2018 (received and filed) and reviewed the information. She next displayed a summary of the Traffic Study graph (received and filed) and reviewed the information from the Monitoring Period of September 10 through September 18. She stated they have other studies that show the results of monitoring devices that include the Sweetwater Springs neighborhood traffic and they compared and differentiated Wekiva Island’s traffic from Sweetwater Springs’ traffic and concluded that Wekiva Island generates 77.5% of the total traffic on Miami Springs Drive. Ms. Prince added that with that level of traffic comes air and noise pollution and requested that the Board not grant an increase in occupancy or an increase in parking.
John Thornton, 3764 Watercrest Drive, addressed the Board to speak in opposition to the item. Mr. Thornton talked about how the surrounding residents are vigorously opposed to any outdoor amplified sound whatsoever. He referred to Bill Weinaug’s quote in the Orlando Sentinel where he said, “We understand that sound is an issue and traffic is an issue. We just need to come up with good solutions.” Mr. Thornton submitted that the proposal for renewed amplified sound is not the solution.
Mr. Thornton discussed the language in the Development Order regarding amplified sound and suggested the Board strike the confusing wording and replace the entire body of Items h and i with the following wording: “Amplified sounds – outdoor amplified sound is prohibited every day of the year except during special events as approved by the Board of County Commissioners.” He pointed out the language in the Development Order concerning sound that he believes is ambiguous and fraught with contradictions and loopholes. He stated the language is completely subjective, ambiguous, and contrary to Chapter 30 of Seminole County’s noise ordinance, which establishes the parameters by which sound shall be measured. Even if the volume is within legal limits, the idea of the possibility of sound intrusion into their yards every day of the year at Wekiva Island’s sole discretion is unacceptable. Mr. Thornton suggested that if Wekiva Island wants or has amplified sound outside, they should be required to procure at their expense a proper comprehensive noise impact assessment providing calculation, presentation, assessment, and prediction of environmental noise. A proper assessment will inevitably indicate that Wekiva Island’s proposal necessitates a mitigation strategy.
Richard Prince, 942 Deerwood Loop, addressed the Board to speak in opposition to the item and stated he wants to address the changes to the special events as requested in the proposed Development Order revision. He pointed out that the folks at Wekiva Island have repeatedly stated they are entitled to five special events per year but the existing 2011 Development Order clearly restricted Wekiva Island to a maximum of four special events per calendar year subject to approval by the Board of County Commissioners. The proposed Development Order proposes the total number of special events per year is to be limited to four 15-day events or one 30-day event in December and an additional two 15-day events per year. He stated the neighbors’ concern with this is that it would guarantee Wekiva Island a minimum of 60 days a year of special events where it currently specifies a maximum of 60 days.
Mr. Prince suggested there is no need to change the existing language in the Development Order regarding special events and noted that special events at Wekiva Island have been a nightmare to those who live nearby. He talked about past special events, which amounted to 120 days of special events, and suggested that Wekiva Island has been using the special event process as a means to subvert the restrictions in their existing Development Order. He requested the Board not approve the proposed changes in the new Development Order.
Al Lovisek, 3811 Watercrest Drive, addressed the Board to speak in opposition to the item and stated he wants to talk about the petitions in opposition to the Development Order. Mr. Lovisek reported that the petitions were included in the stack of documents that were submitted by Ms. Thornton. He clarified that the petitions were toward the Development Order and not toward Wekiva Island itself. As a lot of people have mentioned, they like the facility; it is the development plan that they are against. Mr. Lovisek talked about the 500 signatures they have collected from the people in and around Central Florida who are familiar with Wekiva Island and who oppose the proposed expansion. As of October 2, 2018, 85 residents of the properties in Sweetwater Springs and on Miami Springs Drive have signed petitions opposing Wekiva Island’s application. He displayed a map (received and filed) indicating the residents who are against this.
Mr. Lovisek reiterated that several of the signers of the petitions patronize and enjoy Wekiva Island regularly and even know the Weinaugs personally as friends. Regardless, they expressed concerns; such as, the new proposal is too much of a good thing, the owners have crossed a line, the crowds are too much, the owners cannot control the crowds they bring in now, expansion will be bad for the river, and it has become a bar hangout. Mr. Lovisek talked about his concerns with the level of proposed intensification and pointed out that the proposals in the application will have a greater impact than low density housing. He urged the Board to deny the application and save the quality of life and character of their community and the Wekiva River.
Commissioner Carey asked Mr. Lovisek if the petitions he is talking about are the same petitions that the Commissioners have in their Agenda Book that say they are opposed to going from 260 to 960. Ms. Thornton (from the audience) responded they were not the same petitions.
Peggy Musial, 964 Bearded Oaks Terrace, addressed the Board to speak in opposition to the item. Ms. Musial read her statement (received and filed) into the record, which detailed some of the things that she is opposed to; such as, increased occupancy, walk-ins, increase in commercial development, and special events lasting longer than 14 days. She talked about her public safety concerns; such as, drunk people staggering up the hill from the Island, drivers swerving up the road at high speeds and driving erratically, and trying to get fire and rescue vehicles to the Island in case of emergencies. Ms. Musial advised that after Hurricane Irma, Wekiva Island was underwater for weeks. She suggested that means that upwards of 500,000 vehicles’ emissions over a 10-year period leeched up from the ground and back into the water. She talked about the sand the Island imports and how it washes into the water.
Jeff Stamer, 3669 Watercrest Drive, addressed the Board to speak in opposition to the item. Mr. Stamer stated Wekiva Island can talk a good talk and say they want to be a good neighbor. The fact of the matter is a good neighbor lives up to their commitments and they simply have not done that. He stated over the past seven years, the neighbors who live by there have flooded the Sheriff’s Office with reports of the code violations of Wekiva Island’s existing Development Order. With regard to where these reports are, Ms. Stamer noted the sad fact is that until May of this year, the Sheriff’s Office did not think they were responsible for enforcing the Development Order at Wekiva Island; they thought the County was responsible and vice-versa. The community’s complaints for seven years went nowhere and for seven years no one enforced the existing Development Order.
Mr. Stamer provided examples of how he believes Wekiva Island ran rampant; such as, amplified sounds, the food truck, the great white tent, and occupancy. He pointed out that this summer the Sheriff’s Office starting doing helicopter overflights and counting the people and Wekiva Island found a way to keep occupancy to 260. The noise and traffic got better. He added now that it is under control, Wekiva Island wants to go up to almost 400 people and take the neighbors back to where they were before in previous years. Mr. Stamer wondered if this bar owner can’t maintain and respect the existing Development Order that has been in place for seven years, why would he be allowed to expand. He urged the Board to uphold their existing Comprehensive Plan and deny this expansion for this bar on this environmentally protected piece of land.
Harold Womersley, 3835 Watercrest Drive, addressed the Board to speak in opposition to the item. Mr. Womersley stated he wants to talk about the parking area and pointed out they are asking to go from 248 spaces to 271 spaces. He distributed and reviewed a chart (received and filed) that illustrates different assumptions of overcapacity based on how many people arrive in each car in the parking area. He suggested that adding extra parking places will just make it worse.
Jill Uliano, 1044 Bearded Oaks Terrace, addressed the Board to speak in opposition to the item. Ms. Uliano referred to Mr. Weinaug’s statements in the Orlando Sentinel that he wanted to be a good neighbor and he wanted to bring back the kind of old marina where families can spend a day canoeing or an evening eating ice cream and watching the wildlife. She stated what they got was a big, busy bar. Ms. Uliano stated while Wekiva Island has friends on Facebook, there are also some people that are not so happy; and she read some quotes from Twitter, Facebook, Yelp, and Travel Advisor into the record. She next read some negative comments from Facebook into the record regarding noise, overcrowding, and drinking. Ms. Uliano stated she thinks they all have been saying the same thing as these comments, and they are vehemently opposed to any expansion. She stated Wekiva Island has not followed their original D.O. as they said they would and that shows they do not have respect for the neighborhood or the river. She thinks it is time they do something about it.
David Prince, 3878 Watercrest Drive, addressed the Board to speak in opposition to the item and advised he wants to talk about criminal activity at Wekiva Island. Mr. Prince stated he has 30 years of law enforcement experience in Central Florida and reported that he has all of the incident and arrest reports from the Sheriff’s Office. He then provided a synopsis of some of the arrest affidavits and incident reports from that location. Mr. Prince summarized that he is here today as a homeowner and a member of law enforcement for the past 30 years. He stated that you can dress the property up but it is an outside bar. Because no one on the Commission regulates the amount of alcohol that Wekiva Island can sell, they will continue to see criminal activity. He stated the residents are concerned about that criminal activity coming into their neighborhood and requested the Board deny any expansion.
Ronald Moura’s name was announced and it was determined he did not wish to speak.
Nancy Prin, 655 Terrace Boulevard, addressed the Board to speak in opposition to the item and stated she is a long-time member of the Friends of the Wekiva. Ms. Prin reported that they have enjoyed the Wekiva River for many years and the Friends of the Wekiva has been involved in many of the activities that have brought them the Outstanding Florida Waters, Wild and Scenic Rivers, and the Wekiva River Protection Act. They feel very strongly that the river is a very important asset to all of them. She reported that when Wekiva Island first was established, there were many activities that took place that had not been permitted and they remained inconsistent with permits that they got or regulations that were in place. Her concern is that an expansion of crowds and activities in this area will not be favorable to the environment, to the wildlife, to the river, and to the people of Seminole County.
Ms. Prin talked about her concerns regarding the 200-foot setback (the riparian habitat protection zone) being violated and wildlife being impacted by loud sounds. Even though the D.O. has been improved over previous editions, there is no specificity; there are other recreational uses that are allowed. She wondered if alligator wrestling would be allowed. Ms. Prin reiterated that they need more specificity and need to be able to make the owner live up to the commitments that he has made. She believes Wekiva Island is a great asset and urged that they protect it.
Andrew Mosher, 1005 Bearded Oaks Terrace, addressed the Board to speak in opposition to the item. Mr. Mosher talked about how he used to play where Sweetwater Springs is now and how he has seen all of the changes. He loves the river and loves going down to unwind at Wekiva Island with a glass of wine and an Adirondack down by the river. Mr. Mosher suggested there has been a lot of redundancy today and suggested to the Commissioners they may want to pay attention to it because it is the same people saying the same things that are happening over and over. If someone is not going to abide by the former rules that were set in place and if they try and expand things and make them bigger, why does anyone think they will abide by those rules. He stated it is starting to become a problem and there can be too much of a good thing. Mr. Mosher wondered when is enough enough and how many people have to get hurt and how much property has to get damaged; he believes the expansion is a bad idea.
William Gagnon, 972 Bearded Oaks Terrace, addressed the Board to speak in opposition to the item. Mr. Gagnon stated he lives with his mother in the house that they moved into around 1991. He talked about his memories of walking down to the Wekiva Marina in shorts without shoes down a dirt road. Mr. Gagnon acknowledged that Wekiva Island is a different place than it was when he moved into his house and voiced his concerns with seeing people walk down the hill and then walk back up. He knows people walk into Wekiva Island even though the capacity sign is up; they are not driving down. He talked about the sound from rock music he can hear and the noise from motorcycles soaring up and down the hill. Mr. Gagnon summarized that if Wekiva Island is not willing to even follow the rules, then they don’t respect the rules; and regarding the leverage the Board is going to give to them, they won’t really appreciate it because they don’t appreciate it now.
Renee Urquhart’s name was announced and it was determined that she did not wish to speak.
Katrina Shadix, 1421 Brigham Loop, addressed the Board and stated before coming to the meeting today, she posted on social media and asked for public opinion on the Wekiva Island rezone. She then reported on those results. Ms. Shadix remarked that after hearing everyone today, it is clear that the Board has a difficult decision to make. She believes the Weinaugs have set a fine example of ethical capitalism combining small business profits and environmental stewardship but she also believes that the concerns of the residents in close proximity must not be ignored. She hopes the two sides can come together to discuss the issues brought up today.
Ms. Shadix pointed out that extreme damage to the river is actually taking place in Orange County where urban sprawl developers have paved over 60 acres of the Wekiva Headwaters to build a commercial warehouse, which stands empty. She noted that she is involved in a lawsuit suing that developer and invited everyone who spoke in defense of the river to join her in that. Ms. Shadix closed by stating she likes Wekiva Island and has been there. The Weinaugs have helped the environmental organizations for years. She stated she would love to see other bars on bodies of water take the environmental initiatives that Wekiva Island has, specifically, Black Hammock Bar, which is horrible. She hopes they can all help the Weinaugs and help the surrounding residents come to an agreement that supports the economy, the environment, and quality of life.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Public Comment Forms were received and filed.
In rebuttal, Michael Towers, representing Wekiva Island, addressed the Board and stated he will go through the items as they were brought up. With regard to the amplified sound issue, Mr. Towers advised they did make the statement during the Planning and Zoning Commission meeting that they are not looking for amplified sound 365 days a year. They are looking for amplified sound only during special event permits, which will come before the BCC as they are applied for. He added that there are two events a year where they are looking for amplified sound. The first is the Winter Wonderland event and that comes out to about eight days out of the month (Fridays and Saturdays) where they play Rudolph the Red-Nosed Reindeer and Frosty the Snowman for the kids. They have agreed to turn those speakers away from the homeowners association and try to keep the bass and trebles as low as possible and not over amplify them. The other event is the PaintOut and they have addressed that by keeping the bands inside the building.
Mr. Towers talked about the Sheriff’s Office request of something measurable as far as sound becoming a nuisance and how they came up with a five-decibel level maximum at the southern property line. He next described his experience when he went to Wekiva Island for the first time. With regard to parking, Mr. Towers stated the original parking count on this property was 300 vehicles when it was taken over. They pulled out a ton of parking and a ton of impervious surface area. He pointed out that 271 parking spaces are down from what they applied for. There was a double parking area, which is for the cabana rentals, but that has been removed; so they are down to 271 parking spaces, which is still down from the 300 that were there when the property was purchased and allowable and in place in 1999.
Mr. Towers noted that everyone has indicated that Wekiva Island has a problem controlling their crowds. He advised that every Saturday and Sunday during peak seasons they have off-duty deputies out there. He is not sure how people can say they can’t control the crowds when they have the Sheriff’s Office out there. If they need more help or needed more deputies for that detail, they would ask for them.
With regard to capacity and people saying that 260 is the capacity for a 5.5-acre complex, Mr. Towers advised that the Ale House in Sanford has an occupancy of 495 people in a 5,500-square-foot building. The occupancy placard for this auditorium is 248. When people are indicating that 395 people is over capacity when you are looking at a 5.5-acre complex, he thinks they need to look at what the benchmark really is. With regard to traffic counts, Mr. Towers described how there is a traffic count of about 880 vehicles on the road. He then discussed the traffic counts that were skewed and how they caught people on camera where someone for over an hour backed over and across the strips that went across the road. He advised they had the Sheriff’s Office go back out and do another traffic count. On average the vehicle count for Wekiva Island in a seven-day period is 550 vehicles.
Mr. Towers advised that they do not allow walk-ins or drop-offs. He explained that they have three signs; and one sign is placed at the entrance way, one sign is placed at the corner of Miami Springs and Wekiva Springs Road, and the other sign is placed just to the south of the entrance to Sweetwater Springs after the median. Each day when they are at capacity, there are three signs that are put up; two before the entrance and one at the entrance of the Island. With regard to resubmitting an application, Mr. Towers stated there was no resubmission of the Development Order; they did file answers to the Development Order, which were requested by staff. He added that the answers included the nine items that the homeowners and Wekiva Island agreed to in the meeting that Commissioner Constantine attended. The Development Order before the Board today includes all of those items with the exception of the electronic sign at the front entranceway. They do not rent any motorized vehicles. They rent only canoes, paddleboards, and things of that nature. There are boat slips that are rented and there are people that do have motorized boats but there is a limit of 1/2 to 1 horsepower. There are no intentions of expanding the bar and they have no intentions to have outdoor music.
With regard to occupancy, Mr. Towers stated that some of the homeowners have acknowledged that when the Island is at capacity, they do shut down. They do monitor on Saturdays and Sundays as to when they are at capacity. Typically that happens between 10:30 and 11:00 in the morning. No one is allowed in after they are at capacity until someone else leaves. Mr. Towers talked about how they have deputies onsite on Saturdays and Sundays and how they check to make sure the “at capacity” signs are up when they are at capacity. They check Miami Springs Drive for garbage and to make sure the entranceway is not blocked. He stated they checked the video for Labor Day and Memorial Day, the highest occupancies they would normally have, and at no point in time did they find any vehicles backed up on that road past Wekiva Springs’ property line. The only reason any cars are backed up is because they are checking everyone’s IDs before they come in. Every once in a while, there will be four or five cars that are backed up.
Mr. Towers stated there is no parking allowed on Miami Springs Drive. There are signs that are posted and the Sheriff’s Office will issue tickets. He reported there was one photograph that was submitted within the last month of a vehicle parked and he submits that was an undercover Sheriff’s car for the deputy that was working the detail that day. Mr. Towers stated the solar array is something that is not only environmentally friendly but also meets two sections of the Wekiva River Protection Act. They will be able to capture the water that comes off the array, which will be placed into a cistern and used for gray water activity such as flushing toilets and irrigation. Two things will occur: (1) Water will no longer come off that foundation into the Wekiva River; and (2) they are also creating an additional water source. These are two sections within the Wekiva River Protection Act that are permitted.
Mr. Towers referred to the mention of a speed of up to 120 miles per hour. He went back and looked at the reports that the Sheriff’s Office provided and found there was not someone that traveled 120 miles an hour because it would be almost impossible to do that speed and still safely stop at the end of the road. What they were reading were the thresholds that the machine was set at. The minimum threshold was 10 and the maximum threshold was 120. There was not a recorded vehicle going 120 miles an hour based on the reports that were submitted. They were misreading the reports and that was a threshold setting. Mr. Towers stated he is available to answer any questions.
Commissioner Dallari noted that Mr. Towers mentioned an occupancy of 260 and wondered where that number came from. Mr. Towers stated 260 came from bathroom counts at the time the original Development Order was put together. The Commissioner asked Mr. Towers if he had expanded any of the bathrooms; and Mr. Towers responded that based upon the damages that occurred from fires on the property, yes, they have additional bathrooms that they did not have eight years ago. The Commissioner asked if the bathroom counts would allow 260 people on the premises; and Mr. Towers replied that if they were to count bathroom counts according to the Building Code, they would be allowed somewhere in the neighborhood of 540 people. He talked about a conservative calculation and how they would be at 480 people.
Mr. Towers referred to the old Development Order and pointed out there are three different ways to measure occupancy on the Island. If the word “building” is added to the word “occupancy” where it exists regarding the 260, that would have been correct because 260 would have been the building occupancy at that time based on square footage and not bathroom counts. The second section says “two people per vehicle for 248 vehicles.” He suggested if they remove the scrivener’s error in the original Development Order, 248 times 2 would have been their allowable capacity. He stated that would be just adding one word to the old Development Order. Ms. Guillet clarified that they were limited to 260 based on the bathrooms regardless of how much parking they had. They would not have been able to have under the original circumstances more than 260 because there were not sufficient bathroom facilities there. Ms. Guillet noted the bathroom facilities have been expanded.
Commissioner Dallari asked Mr. Towers when the traffic count was done and who did it; and Mr. Towers responded that it was done by the Sheriff’s Office within the last 30 to 45 days. It brought the average to 500+ vehicles a day and not the 3,000 over a weekend. Mr. Towers talked about where the signs will be placed and Commissioner Dallari questioned whether that would be classified as offsite signage. Mr. Towers stated he is not sure he has an opinion on that subject, and Ms. Guillet explained that it is really used more as a traffic control measure than an advertising sign. Commissioner Dallari asked Mr. Towers if he has submitted the traffic count information as part of the record. Mr. Towers responded that he has not done that for this hearing but noted that staff has a copy of it.
Commissioner Constantine stated if the Board will indulge him, he is going to do what Commissioner Carey did earlier with Broadstone where she made a motion and then they talked about it. He would like to talk about what has occurred and what he hopes could be a reasonable agreement that nobody likes. The Commissioner talked about his early meetings with the Weinaugs, the Thorntons, and some residents and pointed out that what is important is that they try to find a meeting of the minds as best they can. In mediation if you make both sides mad at you, you have done a pretty good job.
Commissioner Constantine referred to a meeting that occurred on March 7 and talked about what the homeowners wanted. They did not want a restaurant with a grease trap; no restaurant is allowed in this agreement. They said it was fine to do construction of a staircase or a lift for the second floor art gallery but it should only be an art gallery; that is exactly what is in the agreement. They said that the hours of operation should remain unchanged; the hours of operation are unchanged in the agreement. They said that parking should not be allowed on Miami Springs Drive and the current 248 parking spaces could be increased to 282 with bike racks up to 20. Commissioner Constantine pointed out that everything in this agreement was subject to whether or not it could fit on the property and be approved by the staff. He stated there may be 271 parking spaces but they still don’t know. The Development Order allows for 271 but they don’t know whether they will fit or not.
Commissioner Constantine continued his review of the agreement from the March 7 meeting and stated with regard to occupancy, walk-ins would be prohibited when the Island was full. In this case it said once the parking lot was full, walk-ins would be prohibited. The Commissioner stated they did talk about occupancy occuring when parking was at capacity. He stated staff has convinced him, with what they have done, that the building itself as it was in 1999 would have allowed occupancy of 395 people. That is why staff suggested 395 and that is what was changed from the 282. He explained why he believes 395 is the correct number. Commissioner Constantine discussed special events and pointed out the citizens wanted three events with one event at 30 days and two at 15 days and the Weinaugs’ understanding was they could do three or four events at 60 days, which is still a reduction of what potentially they could have had in the past.
Commissioner Constantine discussed amplified sound and pointed out the amplification would be available but only going in the direction of the river. The citizens were all right with the permanent onsite caretaker and security. The Commissioner discussed the river pavilion and stated the County denied that and there are now solar panels allowed in the D.O. With regard to the traffic calming device, he explained the Weinaugs agreed to the device. It will be subject to the County Engineer’s approval and then brought back to the Commission as to where it is and what type it will be. The Weinaugs will be paying for that and it would probably be just north of the entrance of Sweetwater Springs. The Weinaugs have said they do not rent motorized vehicles so that has been put in the Development Order.
Commissioner Constantine stated he believes what they have in the Development Order once they finish it will be the “sweet spot” in trying to work this out for both sides. He emphasized that he would never do anything to harm the Wekiva River. One of the things that has to be ensured is access for all to the river because to see it is to save it. One of the things that has to be done is to make sure that all people know what an incredible asset and beautiful natural resource the Wekiva River is. With regard to the solar array, Ms. Hammel stated she would like the Development Order to say “there will be no amplified sound at the location of the solar array.” Commissioner Constantine added there will be no bar expansion.
Commissioner Constantine referred to the remark about “no amplified sound during prohibited hours” and suggested they take the word “amplified” out and just say “any sound during prohibited hours will be deemed a nuisance when it exceeds five decibels.” With regard to the sign, if they need to be specific it can say it needs to be in front of Miami Springs Drive. That was always the intent. Commissioner Constantine suggested that under (d) in the parking section, they will put (o) which is talking about the maximum numbers of passengers and put (p) and (q) after that so it flows better so everything about parking is in that section. The Commissioner advised they have also added “no fertilizers or herbicides will be used on this site.”
Commissioner Dallari stated one of the things that he has heard is that people want to know that there is no ambiguity in this agreement. He stated he is concerned about the occupancy count. The D.O. talks about 395 people so someone will have to stand there with a clicker and he does not believe it works to do that. Commissioner Dallari remarked that he would like to see if there is a way to do car counts. To him, that makes more sense; when the parking lot is full, it is full and the gate is closed. Commissioner Constantine stated at first he agreed with that and that was the agreement that was made originally with the homeowners and the Weinaugs. Staff has convinced him that if every other bar or restaurant in every other location in town can do it based on a certain number and if it can be verified and justified by the Wekiva River Protection Act that the 395 was the number for the square footage that was there on the original pad, then he felt that was the right way to go.
Commissioner Dallari stated he agrees it was the original pad, but there are people that are going to be standing outside that pad area. Commissioner Carey stated if the 395 number came from the occupancy allowed when the restaurant was an enclosed building, then the 395 was the maximum number of people that could be inside the restaurant. She suggested there were plenty of times when there were people standing all over the place waiting to get in the restaurant because the restaurant would be at capacity. She stated she wants to have some written plan (and she knows it is not in the Development Order and was told it would come with the site plan) of how they are actually going to count this. If it is people, then at peak times during the weekend there will need to be someone there with a clicker counting them in and out. The Commissioner stated she wants to know how that is going to be done. If it is left wide open, then the Weinaugs don’t know what to do and the County does not know how to regulate it and everyone needs to understand how it is going to happen.
Chairman Horan agreed that Commissioner Dallari’s suggestion is valuable because in order to comply with something, you have to have control over it. Wekiva Island has control over the occupancy of their parking lot. They virtually have control over no other aspect of their occupancy because they get traffic from the river. They may get traffic from Uber. Someone sitting there with a clicker is not all that accurate either. The Chairman suggested they put something in the agreement that Wekiva Island can comply with and that is easy to comply with; if the parking lot is filled, they have got to close. Commissioner Carey pointed out they can’t control how many people are coming in each car.
Ms. Guillet noted that this was probably the most difficult issue that they tried to deal with. In the first Development Order, it was relatively easy because there were limited bathrooms so that was the ultimate threshold. Ms. Guillet explained that there is a tension with this project where they are balancing the County’s Land Development Code, the Comprehensive Plan, the Wekiva River Protection Act, neighborhood compatibility, and an element of some legal non-conforming uses that were still in effect. She stated the Act is pretty clear that you cannot expand commercial activity and because of the legal non-conforming uses, the commercial uses and recreational uses are knitted together. Staff felt that the 395 number was the impact the site had historically had on the neighborhood, on the river, and on everything that might be relevant when you consider the appropriateness of land uses.
Ms. Guillet further explained that the concern staff has in counting cars (although it would be easier from an enforcement standpoint) is whether or not they are living within the spirit of the Wekiva River Protection Act and expanding these knitted-together commercial and recreational uses. She understands Commissioner Carey’s concern as to how they are going to do this and advised that the next step in this process is the Master Development Plan and the Developer’s Commitment Agreement, which is where the implementation of a lot of these items is hammered out.
Commissioner Carey pointed out that when the restaurant was there and the restaurant capacity was 395 people, there was also a marina that was operating there and a bait shop that was operating there. Ms. Guillet stated they took all of the buildings and all of the activities that were out on the site and took the old site plan and calculated based on everything that was out there. Commissioner Carey pointed out that when you do an analysis like that, you are taking the square footage of the building and seeing how many people you can legally put in there to meet the fire code; that is how you come up with occupancy inside the building. The buildings probably took up less than an acre of land; so what is being used today is not necessarily buildings as much as it is the outdoors. Ms. Guillet stated they were looking at the historic impact to the neighborhood, to the site, and to the river. That was the maximum number of people that could have been on the site. She advised that is staff’s recommendation and interpretation of how they could comply.
Commissioner Constantine emphasized what Ms. Guillet stated, that they need to also make sure that it was to the letter of the law, the Wekiva River Protection Act, and that they were not increasing commercial use. That is how they came up with the 395. Ms. Guillet added that it is the Protection Act and also the County’s Comprehensive Plan. Chairman Horan explained why, from an evidentiary point of view, that would be a good way to go about it because if someone says they are violating the Act, there is a rational basis of the 395.
Commissioner Carey referred to Item h, regarding the amplified sound, and stated to her it is prohibited and any time there is amplified sound for an event, it should be positioned so it is away from the neighborhood. The Commissioner believes Item h needs to be rewritten and talk not just about outdoor movies but also about any kind of amplified sound; they should make every attempt to make it the least offensive to the adjacent property. Commissioner Carey pointed out that in the County’s noise ordinance, they don’t have anything about how the sound is measured. She wondered if that is put in the ordinance and there is a complaint about sound, who will be going out there and determining that. She asked whether this Development Order will cause a Sheriff’s Deputy to go out to the boundary and hold a sound amplifier to see if it is five decibels for five minutes or more. Ms. Guillet responded that is what the Development Order would require. She talked about how they regulate sound now and how Chapter 165 prohibits a noise disturbance, which is something that is either harmful or impacts reasonable quiet enjoyment of someone’s property. It is left to the discretion of a Deputy Sheriff; it is not Code Enforcement.
Ms. Guillet stated the circumstance now would be if somebody had a noise complaint at Wekiva Island, a Deputy would go out and determine whether there was a noise disturbance. Commissioner Carey remarked that she just wants to make sure that they know how they are going to enforce this if they are putting it in the Development Order. Ms. Guillet stated if this is left in the Development Order, it will require measurement with a sound device. Commissioner Dallari asked Ms. Guillet whether they need to put in an octave band and Ms. Guillet stated she did not know. Her understanding is that the Applicants worked this out with the Sheriff’s Office.
With regard to the speeding problem on Miami Springs Drive, Commissioner Carey stated if they are trying to evaluate this and are trying to slow down traffic on the entire road, she believes the whole road needs to be looked at. Most residential streets are 25 miles an hour, not 30. She noted that when they are talking about speed cushions, it specifically says they are going to be north of the entrance to Sweetwater Springs. She talked about why she thinks they need to look at the entire stretch of road and how they can calm the traffic down with speed cushions. She added a lot of the things that are mentioned in Item y are items she does not believe the County Engineer will recommend because the County does not allow them; such as speed bumps and speed humps. Commissioner Carey stated she wants to strike the part that says they are going to be north of the entrance because if they are going to look at this, they need to look at the whole stretch of road.
Commissioner Carey stated she believes they will see more and more people using transportation alternatives like Uber and then discussed why she thinks it will be important how they count the people. She advised that the signs need to be up at Wekiva Springs Road before people actually make the turn and they need to be before they get down to the end. She pointed out if there is no walk-in traffic allowed, that needs to be a part of the sign too because that will be a learning curve for a lot of people from the testimony they heard today. With regard to contact information, the Commissioner believes the County needs information so in the case staff needs to talk to someone, they know who to contact to monitor some of these items. Commissioner Constantine clarified that the Development Order says no walk-ins once the Island is full; it did not say no walk-ins period. Ms. Guillet stated it would be on the “capacity full” sign.
Commissioner Carey summarized that her recommendations would be to reword Item h about the amplification of the sound so it is talking about anytime there is amplified sound. She is okay with the sound measuring device as long as they believe they can enforce that. She wants to be clear regarding “lot full.” With regard to Item y, the speed cushion discussion, she wants to strike the last sentence because she thinks the whole quarter of a mile needs to be looked at and she believes the speed limit needs to be looked at as well. Commissioner Carey clarified with Ms. Guillet that they are limiting special events to four events with a total of 60 days in a calendar year.
Mr. Towers stated he spoke with Sheriff Lemma about this before suggesting it. The Sheriff’s Office did have some comments on the Development Order and the sound measuring was a suggestion they had, something they can use and actually measure; so the decibel level was something that was suggested by the Sheriff’s Office. As far as miles per hour, Mr. Towers stated he does not think they have a problem with that being adjusted to 25 miles an hour. With regard to where the traffic calming devices are placed, Mr. Towers indicated they would leave that up to the traffic engineers.
Commissioner Dallari asked Mr. Towers to address the capacity and cars in the parking lot. Mr. Towers stated counting someone coming in or out with a clicker leaves an ambiguity; did they count everyone in the car. The Sheriff’s Office is very simple; if they count the parking spots, they can figure out whether Wekiva Island is in or out of compliance in about 13 seconds. With a parking space, there is either a car in it or there is not. Mr. Towers advised that right now when they are at capacity, they have roughly 30 parking spaces that are not filled. He stated even going up to 271 from the 248 does not increase the occupancy on the Island that greatly that it should be that much of a concern. He then talked about the signs and stated they place one at the corner, another one is placed after the median but before the homeowners association; and then there is a third one at the entrance. All of the signs state “no walk-ins allowed,” and they currently do not permit anyone to be dropped off by Uber, taxicab, or to walk in. They turn them around and send them back up the road.
Commissioner Carey asked whether they only turn them around if the Island is full. Mr. Weinaug stated right now they do allow walk-ins when they are not at capacity, like during the week; the neighbors can walk down. He believes there might not be much reason for someone to try and park offsite and walk down the street if there are plenty of parking spots. He added that because this property really wants to be a “green destination,” he thinks it is appropriate that people are able to walk in when they are not at capacity. Mr. Weinaug emphasized that when they are at capacity, while they might not have been perfect in the past, they will be perfect in the future. They will not allow walk-ins when they are at capacity and it does say it on the signs.
Commissioner Dallari stated a lot of great things have been stated today and his only issue is how they count capacity. If there is another way to do it, the Commissioner advised that he would like to see more information. If they are not all in agreement, he does not think they should move forward on the capacity issue until they have a better way to account for it. He believes there are different ways to do it and thinks the four Commissioners have maybe three or four different ways of coming up with it. Commissioner Carey stated she is not telling staff how to do it but she is saying she wants a method written that can be enforced, whatever that is. Commissioner Constantine remarked that the County Manager said the enforcement and the agreement on the enforcement comes next and he is ready to make a motion. Chairman Horan added it would be with the understanding that that can be worked out in the Development Agreement. Commissioner Carey stated the Development Order they have in front of them has numbers in it already and has the number of people that are going to be allowed. Commissioner Constantine stated he thinks they need to keep it at 395 and thinks the County Manager made a solid point about the expansion of the business. Chairman Horan stated he agrees with the 395 because he understands the legal basis for it.
Motion by Commissioner Constantine to approve Seminole County Development Order #17-20500038 (which is the most recent one) with the following changes:
On page 1, take out completely what is lined out where it talks about the property owners met with the group of homeowners;
In Item B(1), add “non-motorized”;
In Item B(10), add “no amplified sounds” where it talks about the solar array;
In Item B(11), add “no expansion of the footprint of the bar”;
In Item H, before the word “speakers” on line 3, add “at all times speakers and resulting sounds will be oriented…”;
In Item I, take out the word “amplified” in line 2;
As far as full notice, they made it clear that it has to be at the front of Miami Springs Drive;
In Y, after the words “County Engineer,” take out the next line.
Commissioner Dallari asked Commissioner Constantine if he was doing anything with Item T, capacity; and Commissioner Constantine responded he is keeping it at 395. He explained that number was based on non-expansion of the business and the amount of capacity that was allowed not just in the building but also on the property in 1999. Commissioner Dallari questioned how they are going to count that number and Commissioner Constantine responded that is something that has to be done during the enforcement part of this agreement, which the County Manager said was coming back to do that. Ms. Guillet stated every business in Seminole County has an occupancy load and every business operator is responsible for somehow knowing they are not exceeding their occupancy load. Commissioner Dallari stated that is based on the envelope for that building and in this case, this is beyond the envelope of the building. This is the envelope of the site and that is where he thinks there is an issue, between the envelope of the building and the envelope of the site. That is why he has an issue. Discussion ensued with regard to what the 395 number was based on.
Commissioner Constantine continued with his motion and stated they should align the letters properly and they will allow for scrivener’s errors.
Mr. Applegate advised the Board that in a court of law, whatever number they come up with, whether it is 395 or the number of cars, they are fine as long as it is not arbitrary and capricious. As far as enforceability, the question becomes how do you count and that is something staff will need to work out down the road with the plan. Whether it is 395 or the number of cars, it is enforceable because there is a basis for it. Commissioner Dallari stated right now he does not see something that is enforceable and it is going into a Development Order. Commissioner Carey stated from a management standpoint, if she was managing the operation she would rather say “I will have 200 parking spaces and when it is full, I am done and I figure that is 400 people” instead of expanding the parking and trying to count people.
Commissioner Dallari asked Mr. Applegate what the State Statute is regarding expanding commercial use. Commissioner Carey remarked that it is the Wekiva River Protection Act. Mr. Applegate stated it is a matter of discretion that the Board will have to decide as to whether or not there is an expansion. He talked about how it comes down to enforcement and reminded that the Board’s decision on every one of the criteria has to have some basis and he thinks the Board has achieved that.
With regard to the issue of expansion, Ms. Guillet stated it is Chapter 369 of the Florida Statutes as well as at least one if not multiple Comp Plan policies in the County’s Comp Plan. Commissioner Constantine remarked that the number 395 can be verified and justified.
Chairman Horan surrendered the gavel to Vice Chairman Constantine in order to second the motion.
Under discussion, Commissioner Carey pointed out that the site plan does not come back to the Board; so they will not see this again unless they request that they see it. Ms. Guillet stated the Board would not normally see the Developer’s Commitment Agreement that comes after this. She pointed out the Board could require staff to bring it back. Commissioner Carey stated she just wants to make sure it is written. There has been a lot of conversation. Chairman Horan asked Commissioner Constantine (the Motioner) if he would agree, as a condition of the motion, that the Agreement has to be brought back and Commissioner Constantine agreed that could be part of the motion.
Chairman Horan stated the motion has been made to accept this Development Order with the condition that the enforcement agreement will come back before the Board for purposes of getting the Board’s consent. Commissioner Dallari wondered if it would be better to just lower the cars parking in the parking lot. Chairman Horan stated that might be in the enforcement agreement. Commissioner Carey stated that is the danger she sees here; they are approving an increase to 271 parking spaces and yet, they are limiting the number to 395. She reiterated her suggestion of just having 200 parking spots and when they are full, they are done and maybe that is 400 people. The Commissioner stated the devil is in the details of how this is going to be enforced and her concern is that counting people is a whole lot harder than counting cars. Chairman Horan stated he agrees. Mr. Towers responded to Commissioner Carey’s point and advised that if it is easier, they will withdraw the increase for parking and just leave it at the 248 and count 248 parking spots and they are done; they are fine with that. Commissioner Dallari asked if they are now counting cars and Mr. Towers responded they count the cars up to 248, which they have now; and when they are full, they are full. It is easily enforceable. Commissioner Carey asked Mr. Towers if he has 248 parking spots including the employees, and Mr. Towers responded yes. She asked how many employees they have at peak times; and Mr. Weinaug replied that it is close to 30. Commissioner Carey confirmed there are 248 parking spots and 30 employees at peak times so they are down to almost 200 parking spots for customers. Commissioner Dallari stated if they do that, they have his support. Chairman Horan stated “248 max” and the way they enforce it is by counting the cars. Commissioner Constantine stated since it is his motion, he does believe if they do that they are expanding the commercial use of this development and he cannot agree with doing it based upon 248. If they want to do 200, that is another thing. They are talking about making sure they are under the spirit and the letter of the law of the Wekiva River Protection Act. He thinks this is too simplistic and believes they can get to 395. Commissioner Carey stated if they are controlling capacity inside a building, it is based on the number of seats there are. If you don’t have any seats for someone to sit, you are at capacity.
Chairman Horan asked the Board if they are in agreement to approve the agreement with the enforcement being when they reach 248 cars, they have to close; and after observing shakes and nods the Chairman reported they have three votes. Commissioner Constantine stated he understands they are trying to make it simplistic. He stated he is trying to do the best he can with the letter of the agreement that he has made. He listened to staff. They said they can justify the Wekiva River Protection Act of non-expansion by putting in the 395 and he knows that Mr. Weinaug does not want to violate the spirit of the Wekiva River Protection Act either. He believes 395 is fair and they will find out the enforcement and it will be coming back to the Board. If that does not work, they can always change the Development Order; but he thinks they need to stick to the 395. Chairman Horan remarked that right now Commissioner Constantine does not have three votes for 395, and Commissioner Constantine stated he does not know that he doesn’t.
Chairman Horan and Commissioner Constantine voted AYE;
Commissioner Dallari and Commissioner Carey voted NAY;
Whereupon, the motion failed for the lack of a majority vote.
Motion by Commissioner Carey, seconded by Commissioner Horan, to approve Commissioner Constantine’s motion including all of the amendments that he made earlier but with 225 parking spaces.
Under discussion, Commissioner Constantine stated that he respects what Commissioner Carey is trying to do but he believes 395 is better. Chairman Horan asked for the Applicant’s response. Commissioner Carey stated the Applicant has agreed to the agreement before the Board. She remarked to Mr. Towers that they are the ones that know that business model, not the Board. She does not want to adopt something that the County cannot enforce or it becomes an enforcement nightmare and they are back before the Board again. She does not want to amend a Development Order; she wants to get it right the first time so they don’t have to come back and go through this again. Commissioner Carey withdrew her motion and suggested they take a five-minute break.
Chairman Horan recessed the meeting at 6:50 p.m., reconvening it at 6:55 p.m.
Commissioner Carey requested that the Board hear from the Applicant now that they have had some further discussion about the Development Order that is before the Board right now. Mr. Towers advised they had discussions during the break and they are good with the 395.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve Commissioner Constantine’s original motion to approve Seminole County Development Order #17-20500038 including all of the amendments he listed and the condition that the Developer’s Commitment Agreement comes back to the Board; William Weinaug; as described in the proof of publication; (Ordinance #2018-35 enacting a Rezone from PD (Planned Development) to PD (Planned Development) for 5.5 acres, located at the northern terminus of Miami Springs Drive).
Under discussion, Commissioner Dallari explained that in the parks systems, they count cars and that is how they do it. Commissioner Carey reminded that the Developer’s Commitment Agreement has to come back to this Board for approval and there has to be some way for accountability. Commissioner Dallari stated the reason he is bringing this up is because when they do events in their parks, they have car counters who count cars. When the parking lot is full, the event is full.
Ms. Hammel stated if they add the condition of it being brought back to the Board, she needs clarification as to whether the Board only wants the enforcement of the 395 to come back. Commissioner Constantine responded that he thinks it should be the enforcement of everything. Commissioner Carey stated they want the agreement to come back because that will tell the Board how it is going to operate. Ms. Hammel asked whether the Board wants it as a public hearing. The Board responded that they did.
Districts 1, 2, 3, and 5 voted AYE.
REGULAR AGENDA (CONTINUED)
WEKIVA ISLAND WINTER WONDERLAND
SPECIAL EVENT PERMIT/Mary Sue Weinaug
Agenda Item #39 – 2018-0986
Mary Robinson, Planning and Development Division, presented a request to consider a Special Event Permit for the Wekiva Island Winter Wonderland to be located at 1000-1014 Miami Springs Drive, Longwood. Ms. Robinson advised that the Applicant originally requested the Special Event be scheduled from November 30 through December 28 with the proposed hours to be 8:00 a.m. to 11:00 p.m. for the entire time period. Staff received many emails in opposition to the request with the primary concerns of the residents being the number of days, the hours of operations, traffic congestion, and noise. The application also stated the estimated attendance would be 980 guests at any given time.
Ms. Robinson stated staff looked at the request; and in order to balance the concerns of the neighbors with the needs of the Applicant, staff recommends approving the event for December 13 through December 28 and restricting the hours of operation. She referred to a Memorandum regarding a revised Special Event Permit (contained in the Agenda Book) and reviewed the Applicant’s proposals, which include allowing eight days of outdoor amplification of sound for holiday movies (November 30, December 1, 7, 8, 14, 15, 21, and 22); allowing the Wolf 103.1 Radio Broadcast on December 16 and 22; and allowing a boat parade and live music in the Tooting Otter Store on December 22 with outdoor amplification of sound and permission to exceed the capacity of 260 persons to allow 980 guests at any given time.
With regard to the hours of operations, Commissioner Carey pointed out that staff is recommending a different time from what the Applicant requested. She noted Wekiva Island is open from 8:00 a.m. to 11:00 p.m. so she doesn’t understand what the issue is with the time. Ms. Robinson responded that Wekiva Island is requesting to be open from 8:00 a.m. to 11:00 p.m. and staff is recommending that their dates would be November 30 through December 22, not December 28. Staff is recommending that on Monday through Thursday the hours would be 2:00 p.m. to 9:30 p.m., on Fridays and Saturdays the hours would be 11:00 a.m. through 11:00 p.m., and on Sunday the hours would be 11:00 a.m. through 9:30 p.m.
Commissioner Carey emphasized that Wekiva Island’s normal hours of operation, whether they are having a special event or not, starts at 8:00 in the morning. If she were going out there, she would be going early. The Commissioner asked Ms. Robinson why staff would impact their normal hours of operation; and Ms. Robinson responded that this was to address their events. Commissioner Constantine stated it is not the hours of operations but just the events. Commissioner Carey noted that the Staff Recommendation in the Agenda Memorandum says hours of operation and she advised that she has an issue with that because their normal hours of operation are 8:00 a.m. to 11:00 p.m. Ms. Robinson stated she thought they had to close at 6:00 p.m. Commissioner Constantine explained that they are only asking for the weekends, not the weekdays. Ms. Robinson stated they are asking for the weekends and for the amplification of sound for Friday and Saturday nights on the dates that she mentioned. She stated they are recommending that they end the movies at 10:30 p.m. and not 11:00 p.m.
Commissioner Dallari referred to the Memorandum and pointed out that it states “allow eight days” but then it says “Staff Recommendation - 23 days.” Ms. Robinson responded that is for the extended hours of operation past what they are already allowed. Commissioner Carey reiterated that they are allowed from 8:00 a.m. to 11:00 p.m. in the current Development Order. Ms. Guillet stated that is for Fridays and Saturdays. They have to close at 7:00 p.m. during the week. Commissioner Carey emphasized Wekiva Island is allowed to open at 8:00 in the morning and wondered why the County would be restricting them to a later opening time. Ms. Robinson remarked that they are really looking at their events and trying to keep the events down to a restricted time. Discussion ensued with regard to the current hours of operation and the potential hours of operation for the Special Event. Commissioner Carey asked Ms. Weinaug if her request is for Sunday to Saturday from 8:00 a.m. to 11:00 p.m. Ms. Weinaug stated that was her initial request, 30 days/8:00 a.m. to 11:00 p.m. Commissioner Carey stated she is only going to talk about closing times because she believes they can open at 8:00 a.m. anyway. She pointed out that staff is recommending that on Monday through Thursday and on Sundays they would close at 9:30 p.m. and on Friday and Saturday they would close at 11:00 p.m. Ms. Weinaug stated that would be fine.
Barbara Thornton, 3764 Watercrest Drive, spoke in opposition to the item and stated if Wekiva Island is doing four separate weekends, that is four separate events. She reported that they are the only business, company, or church that has had 30-day special events and pointed out they had four 30-day special events in the last year. Ms. Thornton talked about why she believes this is too much and must be stopped. She stated that 980 people are a mob and then described the issues she had in getting into her neighborhood last Christmas. It is a mess and it is chaos. She talked about the noise and stressed they need to play the amplified movies inside the educational facility for the kids. There are only five acres and two-thirds of that is a car park. There is no place for the sound to go. Ms. Thornton implored the Board to listen to what the neighbors are saying regarding the special events. She then displayed and discussed a calendar (received and filed) illustrating the special events held at Wekiva Island from October 2017 until April 2018.
Joan Braun, 3787 Watercrest Drive, spoke in opposition to the item and read Section 30.1378 of the Land Development Code regarding the holding of special events into the record. Ms. Braun referred to the Planning and Zoning Commission meeting of October 3 and stated that Mr. Towers claimed amplified sound does not occur on a regular basis, only during one special event at Christmas when they show movies. She stated that is completely false and talked about the periods of time during 2017-2018 when Wekiva Island held special events with amplified sounds. Between December 1, 2017 and April 3, 2018, there were four 30-day events back to back with barely two weeks between each of them. For residents this felt like five straight months of chaos, traffic, litter, walk-ins, Ubers blocking the entrance to their community, noise, and amplified sound until every evening at 11:00 p.m. Ms. Braun believes the total number of days that special events can occur at Wekiva Island should be capped at 42 days.
Commissioner Carey asked Ms. Robinson how many special permit events Wekiva Island has had during this calendar year; and Ms. Robinson responded that during this calendar year, they have had three and all three have been approximately 30 days. The Commissioner confirmed with Ms. Robinson that the current Development Order says they are allowed to have four special events. She asked whether there are a number of days allocated to the special event in the Development Order. Ms. Robinson stated she does not believe so. Commissioner Carey pointed out that in the new Development Order there are a specific number of days, 60 days, for the whole calendar year. She stated she is just asking whether there was a number in the prior Development Order because right now they are talking about the current Development Order. Ms. Guillet reported that there is no maximum number of days in the current Development Order. Commissioner Constantine added that it is now limited to 60 days for the next calendar year.
John Thornton, 3764 Watercrest Drive, spoke in opposition to the item and emphasized that he is vigorously opposed to eight days of amplified sound through the month of December up to 10:30 p.m. Mr. Thornton stated he knows it is for the children but he wonders if they might consider his elderly mother who comes to visit and does not like to hear noise intrusion into the house. He talked about why he believes eight days is too much and how this event is getting out of hand. Wekiva Island is the only one in the county that enjoys 30-day special events. Mr. Thornton pointed out that all of the data that he has come up with is included in the stack of documents that was introduced in the previous hearing. Mr. Thornton referred to the proposal for five decibels over background noise and discussed why he believes that is a recipe for disaster.
Commissioner Carey remarked that the permit that the Board is considering right now is under the old Development Order and not under the new Development Order; so there is no sound monitoring in there other than if someone wants to complain, they can call the Sheriff’s Office.
Mr. Thornton concluded by stating that noise is the big issue for him. He is a multi-instrumentalist and has been engineering sound recordings and knows about soundproofing. He has a soundproof studio in his home and had to pause his work because sound intrusion from Wekiva Island was bleeding into his microphones. He does not think it is acceptable to be open for eight days up until 10:30 p.m.
Lorien Prince, 3878 Watercrest Drive, spoke in opposition to the item and talked about a holiday event she had at her home on the day Wekiva Island had their big boat parade. She stated she was stuck in traffic going down Miami Springs Drive. All of her guests were stuck in the same traffic and it took 20 minutes to drive an eighth of a mile. When she heard they were going to do it again this year, she knew she had to say something because the Board would have no way of knowing if nobody says anything. Calling the Sheriff’s Office has not resulted in much because there was not any Code Enforcement going on prior to this year; that is why the County has not heard any complaints about this. Ms. Prince stated Wekiva Island needs to present some kind of way they are going to monitor this and how they are going to allow ingress and egress to the community that lives there without blocking them as part of the process.
Richard Prince’s name and Brad Vissen’s name were announced and it was determined that they were no longer in attendance.
Jeff Stamer, 3669 Watercrest Drive, spoke in opposition to the item and stated they have had a number of issues with special events at Wekiva Island over the past few years, including the extreme length (30-day events), the noise, the vandalism, and the crime. Mr. Stamer explained that he wants to talk about the excessive number of people they have and the resulting traffic issues. He pointed out this year Wekiva Island is asking to have 980 people for the special event and last year they asked for 750 for the same special event. That special event last year caused absolute chaos for those that lived nearby. Mr. Stamer talked about the County’s special events code and how it is set up to prevent excessive crowding during special events and noted that it states that special events may have a maximum of 300 people per acre and 50 people for each additional acre. By his math, there would be 550 people for a special event at Wekiva Island and their 5.5 acres. Mr. Stamer stated that would assume there are proper roads to allow people to get in and out of the event and then talked about the road leading to Wekiva Island.
Mr. Stamer discussed some of the traffic issues that happened last year during the event and how the patrons got so upset that they trespassed into his neighborhood to find a place to park. He stated Wekiva Island was urging their customers to use Uber and Lyft but the only place they could park on Miami Springs Drive was right in front of his neighborhood. They could not get in and out of their neighborhood because of all of the Uber and Lyft drivers sitting there. Mr. Stamer urged the Board to reduce the number of people allowed for this special event to a reasonable number and suggested 550. He stated Wekiva Island also needs to have a plan to allow those that live in the neighborhood to actually be able to get into their own homes during the holidays while they are having this special event.
Jill Uliano, 1044 Bearded Oaks Terrace, spoke in opposition to the item and stated that the boat parade really concerns her. Ms. Uliano wondered what kinds of boats they are talking about and how they will be brought in on a trailer when they are already talking about a two-lane road that can’t handle a 180-degree turn repetitively hour after hour. She pointed out they want to block the egress and ingress into their homes. Ms. Uliano stated she has been to the special event and talked about how bad the smoking was. She hopes the Board will consider everything that all of the residents are saying. There is nowhere for 50 to 60 boats to park for a parade.
With regard to public participation, no one else in the audience spoke in support or in opposition to the item and public input was closed.
Public Comment Forms were received and filed.
Chairman Horan pointed out that District Commissioner Carey had been going through an analysis of what they are actually trying to approve. The Chairman wondered if they have clarified what the Board is actually trying to approve and requested that Ms. Robinson repeat what the request is.
Ms. Robinson stated they are trying to control the hours for the events rather than let them start at 8:00 a.m. and she suggested that she should have made that clear instead of just saying hours of operation. Ms. Robinson advised that they have to close at 7:00 p.m. from Labor Day until Memorial Day so they wanted extended hours during the week in December. She added that Wekiva Island wanted 8:00 a.m. to 11:00 p.m. seven days a week and staff recommended the hours of 2:00 p.m. through 9:30 p.m. and Fridays and Saturdays would be 11:00 a.m. through 11:00 p.m. This would just be restricted to when the events begin, the actual events. On Sunday, the hours would be 11:00 a.m. through 9:30 p.m. Commissioner Carey confirmed that Wekiva Island could open at 8:00 a.m. like they normally do; they are just not having any special events.
Commissioner Dallari asked whether how they are going to control the traffic has been addressed. Ms. Robinson referred to a table in the Special Event Permit and explained that it addresses the times, the hours, and the number of deputies. Ms. Weinaug reported they were going to have ten deputies for the boat parade but then announced they are “yanking the boat parade”; they are not going to have it. Commissioner Carey asked Ms. Weinaug if she is requesting her application strike the boat parade; and Ms. Weinaug responded yes, she is. Commissioner Carey noted they had the boat parade and live music and that was the event where Ms. Weinaug wanted to exceed the capacity to 980 people. She asked if Ms. Weinaug wanted to “scratch the whole line.” The Commissioner asked whether they still planned on having music in the Tooting Otter Store and Ms. Weinaug responded correct. Commissioner Carey clarified that the permit should say “live music in the Tooting Otter Store on December 22 with outdoor amplification” and not any permission to exceed capacity. Ms. Weinaug inquired as to what the number was and Ms. Robinson answered it was 260. Commissioner Carey questioned whether they need to exceed the 260 and suggested 395. Mr. Weinaug agreed to 395 and pointed out that is the number in the new Development Order.
Commissioner Constantine stated he wants to clarify that the request is for eight days of holiday movies, two days of a radio broadcast, open until 11:00 p.m. on Fridays and Saturdays, and an extension of the hours to 9:30 p.m. during the other days. Ms. Weinaug agreed that was the request. Discussion ensued with regard to cancelling the boat parade.
Motion by Commissioner Constantine to approve the Special Event Permit for the Wekiva Island Winter Wonderland for November 30, 2018 through December 22, 2018, subject to staff’s recommended conditions included in the Special Event Permit and including eight days of holiday movies, two days of radio broadcast, closing at 9:30 p.m. on the weekdays and 11:00 p.m. on the weekends and an occupancy of 395.
Commissioner Carey asked Commissioner Constantine if he is going to include the live music with amplified sound. Commissioner Constantine stated that those were the days of the movies. Commissioner Carey referred to Item C in the Memorandum and explained that Ms. Weinaug had requested live music without the boat parade on December 22. Commissioner Constantine stated that was one of the weekends; that was one of the eight days where they were going to be able to have amplified sound. Discussion ensued with regard to when the live music was being requested. Ms. Robinson advised that the live music on December 22 is in the Tooting Otter Store. Ms. Weinaug explained that is their music radio broadcast and that there are two days of radio broadcasts which are always in the store with the exception of the gala for the Wekiva PaintOut. Commissioner Constantine stated since he did not get a second, he will restate his motion.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the Special Event Permit for the Wekiva Island Winter Wonderland for November 30, 2018 through December 22, 2018, subject to staff’s recommended conditions included in the Special Event Permit and including from the Memorandum (a) eight days of holiday movies and (b) the Wolf 103.1 Radio Broadcast on December 16 and 22. Since they don’t want the boat parade, they do not need the outside amplification sound for December 22 because they already have it for the movie. During the 29 days, there will be the normal closing at 11:00 p.m. on the weekends and 9:30 p.m. on the weekdays. The capacity will be 395 for the duration of the event.
Under discussion, Commissioner Carey asked whether there will be off-duty police officers to direct the traffic on the entire length of Miami Springs Drive; and Ms. Robinson stated it won’t be needed now. Ms. Guillet added that was only for the boat parade. Ms. Robinson advised that the permit does provide for two officers Monday through Thursday from 2:00 p.m. to 9:30 p.m. and four officers on Fridays and Saturdays. Ms. Weinaug stated they are not having the Sheriff seven days a week.
Ms. Guillet requested a clarification and asked if the occupancy of 395 was for the duration from November 30 until December 22 or just on the weekends. Commissioner Constantine stated that is for the whole thing. Ms. Guillet further clarified that the dates of the event are from November 30 until December 22 and that is also the duration for the expanded hours. Commissioner Constantine stated the expanded hours are just for the weekdays. The weekend closing is the normal 11:00 p.m. Chairman Horan advised that Sunday is considered a weekday so the closing would be 9:30 p.m.
Chairman Horan confirmed with the seconder that she agrees with the above understanding.
Districts 1, 2, 3, and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey reported that starting in September the Central Florida Expressway Authority will be the first Florida toll agency to join the E-ZPass network and explained how the E-ZPass will work. The Commissioner announced several Halloween events.
Commissioner Dallari stated he would like to get an update on Oxford Road and where they are with the entire project. Ms. Guillet advised there is a meeting scheduled in the next week to talk with the developer about finalizing the design plans. The Commissioner confirmed with Ms. Guillet that it is moving forward and suggested she brief all of the Commissioners individually.
Commissioner Dallari congratulated Mr. Applegate for receiving the St. Thomas More Award, which is an award given by the legal profession for the practice of law, leadership, and faithfulness for the Gospel values.
Commissioner Dallari advised that he has been working with the City of Oviedo on the road widening project of SR 436 at 419 along with Jean Jreij and DOT. There have been some issues with some of the schools in that corridor. The Commissioner has been pleased to see DOT actually make things happen. He thanked Mr. Jreij for his work. Commissioner Dallari talked about a property that was removed from the original design because of the property owner’s unwillingness to work with DOT. Since then, Citizens Bank of Oviedo has a contract on the property and is trying to put it back into the mix. He stated it makes sense to do the realignment and pointed out that the City of Oviedo and the One-Cent Sales Tax has funding for it. He added that it is programed for the outer years. The City of Oviedo sent a letter asking the Board to assist them with the design and construction and will reimburse the County in the outer years of the One-Cent Sales Tax. Commissioner Dallari stated he believes they should move forward with the realignment of Geneva Drive. Commissioner Carey stated she could support having staff have the discussion and bring something back to the Board. Commissioner Dallari stated he is asking for staff to work with the City and then both the legal department and Public Works Department can come up with an agreement and bring it back to the Board. No objections were voiced.
With regard to the rest stop on I-4, Commissioner Constantine reported that at the Central Florida MPO Alliance meeting on October 12, FDOT came back with a preliminary report and the only area that was strongly lacking truck stop areas was I-4. In the entire corridor of I-4, they needed 550 spots for truck parking and they had 86 available. He advised that I-75 had full capacity and I-95 was within a 10% margin. Commissioner Constantine discussed a letter that he received regarding a person that was under contract for 10 acres. Discussion ensued regarding potential truck parking areas.
Chairman Horan talked about the event he attended where Mr. Applegate received the St. Thomas More Award and what the award represented. He congratulated Mr. Applegate and emphasized that he brings great honor to everyone. The Chairman announced that this is the 50th anniversary of the Wild and Scenic River Act.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM THE CHAIRMAN’S OFFICE
The following Communications and/or Reports were received from Chairman Horan’s Office and filed:
1. Letter dated September 25, 2018, from Traci Houchin, City Clerk, City of Sanford, to Board of County Commissioners re: Notice for Ordinance No. 4476. Annexation of property at 1705 Brisson Avenue.
2. Letter dated September 25, 2018, from Traci Houchin, City Clerk, City of Sanford, to Board of County Commissioners re: Notice for Ordinance No. 4476. Annexation of property at 2531 Cameron Avenue.
3. Notice to Abutting Property Owners Regarding an Approved Home Occupation from the City of Lake Mary for property at 2633 Shady Oaks Circle.
4. Letter dated September 27, 2018, from Chairman Horan to Dr. Chris Parker re: Opportunity to host the NJCAA National Woman’s Golf Championship.
5. Letter dated October 1, 2018, from Chairman Horan to Marisol Finch, Agency for Health Care Administration re: Certificate of Need for Central Florida Regional Hospital.
6. Letter dated October 3, 2018, from Chris Bowley, Community Development Director, City of Casselberry, to Chairman Horan re: Voluntary Annexation of property along Lake Howell Road by owners EPA-Lake Howell LLC.
7. Copy of a letter dated October 15, 2018, from Mayor Dominic Persampier, to Commissioner Dallari re: Geneva Drive Realignment.
8. Notice of Public Hearing from the City of Lake Mary for the Smart Office located at 131 S. Country Club Road.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated this will be the last meeting he will be attending with Chairman Horan as a commissioner and expressed his thanks to the Chairman for his amazing job as a public servant.
ITEMS FOR FUTURE AGENDA
Christine Watkins, 639 Lake Mobile Drive, addressed the Board to state that she lives in the Winwood Community. Ms. Watkins explained that Winwood is in unincorporated Seminole County. They had about 28 other people from their community here today but they left. Ms. Watkins stated Pastor Wilson is going to do the presentation and described the two documents (received and filed) that she distributed to the Board as follows: (1) Copy of Historic Winwood’s 501(c)(3) not-for-profit organization information from Sunbiz.org and (2) Minutes from the Historical Commission dated June 15, 2017 and January 18, 2018. The minutes contain information about the Rosenwald Marker. Ms. Watkins reported they have gotten the marker for Historic Winwood but they have not gotten the marker for Rosenwald. She introduced Pastor Wilson.
Pastor Milton Wilson, 1015 Morse Street, addressed the Board and stated that he pastors a church in Altamonte Springs. Pastor Wilson stated he came today to speak on behalf of Historic Winwood and gave a brief history of the community. He explained that they wanted to keep it a close-knit neighborhood but because SunRail has come through there, they have a lot of people that have become interested in the community and properties in the community.
Pastor Wilson then talked about the Rosenwald School and explained that he had a conversation with the Altamonte City Manager who spoke like he is negotiating Rosenwald School. He stated he thought maybe something was going on behind the scenes that the community did not know about and advised that is why he is here, to ask the Commissioners to assist the community in keeping that school in their community so they can have a playground for their children, entertainment for their youth, a police substation, and different things. Chairman Horan pointed out that the Rosenwald property is owned by the School Board. Pastor Wilson agreed that it was owned by the School Board but he is asking the Commissioners to help the community negotiate that particular piece of property to stay in the community. He detailed some of the reasons why the community needs the Rosenwald School.
Commissioner Dallari asked Pastor Wilson if he is asking the County to purchase the property from the School Board. Pastor Wilson stated he is asking the Commissioners to help them negotiate it so they can keep it in their community. He added if the Board wanted to purchase it for the community, that would be well and good. Commissioner Dallari stated in his opinion the property is going nowhere right now. The property is not going to be moved that he knows of. He does know that there are a couple of churches looking at the property. Pastor Wilson noted that Commissioner Dallari said the property is not going anywhere and advised that he had a brief conversation with the City Manager of Altamonte Springs. Commissioner Carey stated if Altamonte is talking to the School Board, the Commissioners would not have any knowledge of that. She suggested the Pastor’s question would be better served directed to the School Board to understand what is going on. Pastor Wilson stated that his request today is for the Commissioners to talk to the School Board and negotiate it to stay in their community so no developer can come in. Commissioner Dallari again asked Pastor Wilson if he is asking the Board to buy the property, and Pastor Wilson responded that if the Board wants to buy it, they can buy it. Ms. Watkins stated they are asking the Board to buy it. Commissioner Constantine asked Ms. Watkins if she does not now own the name “Historic Winwood”; that it is incorporated and she owns it. Ms. Watkins stated she does not own it but it is in the community. Commissioner Constantine stated Historic Winwood is a non-for-profit corporation and Ms. Watkins agreed. She stated she is the president and they have directors. Commissioner Constantine stated that because the City of Altamonte is serving water and sewer there, they have the option of annexing it at some point down the road. The Commissioner stated he does not believe there is any intent for them to do it right now. The property next to Rosenwald is now affordable housing and has been very successful. The Commissioner reported that the School Board has come to the County recently to consider purchasing the property of Rosenwald. He does not know where that is and has asked for an update on that. Commissioner Constantine referred to a study that was done that talked about a need for transition for elderly folks to be able to stay in the community and therefore elderly and affordable housing would be very important. The only way that is going to happen is going to be from the private sector and not from the public sector. He explained if the County purchased the property, he does not think they would see the County putting in affordable housing or elderly housing. He cautioned that the community needs to be careful of what they ask for because he knows there are a lot of people in that community that have a lot of different ideas of what should be there. Ms. Watkins referred to the “We Care” program that they had and noted that at the top of the list, they had affordable housing that was provided for the community. They also said they wanted a Sheriff’s Substation at the Rosenwald property. She talked about the list of things they wanted to go into the Rosenwald area. Chairman Horan remarked that there are several affordable housing developers who are interested in the property. He does not know what the state of the discussions with the School Board is. Exactly that kind of project, one that incorporates the police substation and social services and things like that, is a project that is similar to one that was just approved in Sanford. The Chairman stated that he would suspect that if the City of Altamonte Springs is interested in the property, they are not interested in an affordable housing project.
Commissioner Carey requested that the County Manager contact the School Board and get an update as to what discussions are going on and if there is an opportunity to maybe have a private developer come in and develop either affordable housing or some senior housing or some assisted living housing because it is a beautiful site. Then you could also partner with them to have some community rooms and that type of thing. Commissioner Carey remarked that the Commissioners would just be guessing if they try to figure out what is what at the School Board.
Commissioner Dallari remarked that Ms. Watkins showed him a Federal lawsuit about a year ago about the Winwood area and requested that Mr. Applegate review that; Mr. Applegate agreed to provide an update on that. With regard to the Rosenwald sign, Commissioner Constantine noted that the County does have it. He stated the County is just waiting for the appropriate time to make sure everyone is available. Ms. Guillet reminded that the County does not own the property. Commissioner Constantine agreed they don’t own the property and that was one of the reasons they were not putting up the sign.
Commissioner Carey asked if they are talking about putting the sign on the Rosenwald School site, and Ms. Guillet stated they have talked about acquiring the site for a number of years. They have been talking to the School Board about that site and the Yankee Lake site together. When they originally did the sign, they anticipated that if they acquired the property, they would install the sign then. Commissioner Carey remarked that the School Board has been pretty good about partnering with the County to allow the County to put up historical markers. She would think they would want to put it out toward the road so people could see it and believes if they just ask the School Board, they would allow the County to do that. Ms. Guillet stated she is certain that they would. She pointed out that originally they thought they might be purchasing the property and they would do it as part of that. Commissioner Dallari requested that the County Manager reach out to the School Board; and she agreed to do that.
Ms. Watkins asked that maybe they could have a representative from the staff come to one of their meetings and enlighten the community as to what is happening. Ms. Guillet reminded that the County does not own the property and she does not know what other discussions the School Board has had. She suggested it might be more useful and helpful to the community if it was someone from the School Board who came and talked about what they are thinking because it is their property. Ms. Watkins asked if there is a possibility that someone from the County could be there; and Ms. Guillet agreed.
Commissioner Carey advised Ms. Guillet that in order for her to brief the Commissioners, she will need to have the discussion with the School Board and see what is going on and who is talking to them. She suggested Ms. Guillet ask if the County can put the historical marker there. It was determined that the District Commissioner had been Commissioner Henley, and Commissioner Carey stated that more than likely the new District Commissioner who will be serving is familiar with the School Board and will be able to bring some great knowledge. Ms. Watkins asked who she should contact and Ms. Guillet advised that she will have someone from the County Manager’s Office reach out to Ms. Watkins.
Public Comment Form for Pastor Wilson was received and filed. None was received from Ms. Watkins.
Bart Malone, 304 E. Greentree Lane, addressed the Board and stated he is here representing his HOA. Mr. Malone stated they are having difficulty with a lien issue that has been going on for over a decade with one of the homeowners. He stated that he spoke with Neil Newton and was advised that it was probably best that he come and address the Commissioners. Mr. Malone advised that there is a decommissioned water plant that is in their subdivision right off of Markham Woods. With regard to the amenities in his community, he explained how his HOA does not own any properties and active and passive easements aren’t rights and how they lost a lawsuit with a previous homeowner.
Mr. Malone stated if they could get permission to purchase back or get granted back the decommissioned water plant that is causing no revenue for the County, then they could resolve the liability that the homeowners currently have because they could build a new set of tennis courts and another playground and things like that. They have had to close the tennis courts and playground and put up no trespassing signs due to the conflict of interest in insurance law where the homeowner is liable if someone gets hurt on their property. Mr. Malone reiterated that if they could access the decommissioned water plant property, they could resolve the issue and they could build an appropriate facility for their community that would remove the liability from the homeowners. He stated he does not know what is currently going on with the property. Mr. Newton advised him he would do some research and get back to him. Mr. Malone stated that Mr. Newton suggested that he come and speak to the Board because unless the County is willing to allow the HOA to acquire the property, then they will have to find another way. Chairman Horan asked Mr. Malone if he is proposing that his HOA purchase a piece of land where the County has a decommissioned water plant. Mr. Malone stated they would come up with a way to deconstruct it and he knows there is a cost to it. He stated they would like to purchase that piece of property.
Commissioner Dallari suggested that Mr. Malone work with the County Manager and the County Attorney. Ms. Guillet stated she will give Mr. Malone her card and requested that he call her tomorrow. Chairman Horan stated the first thing they have to make sure of is whether it is the County’s plant. Ms. Guillet stated she will talk to Mr. Newton tomorrow.
Public Comment Form for Bart Malone was received and filed.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 7:02 p.m., this same date.