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.
Present:
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.
BUSINESS SPOTLIGHT
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.
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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.
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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
Business 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)
Economic Development
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)
Tourism
Development
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)
Community
Services
Business
Office
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)
Community Assistance
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)
Development Services
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)
Environmental
Services
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)
Leisure Services
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)
Public Works
Engineering
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)
Resource Management
Budget
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)
Budget
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)
Grants Administration
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.
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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.
Recommendations
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.
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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.
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Commissioners Dallari, Carey, and Constantine submitted their ex
parte communications into the record (received and filed).
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PUBLIC
HEARINGS
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
District
5
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.
District
1
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.
District
3
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’S
REPORT
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.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 7:02 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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