BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
December 11, 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, December
11, 2018, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Clerk of Court &
Comptroller Grant Maloy
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy Clerk Jane Spencer
County Attorney Bryant Applegate gave the
Invocation and Commissioner Lockhart led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Bake Me a Cake was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-1057
The Government Finance Officers Association (GFOA) Certificate
of Achievement for Excellence in Financial Reporting Award was presented to
Grant Maloy, Clerk of the Court and Comptroller. Clerk Maloy advised that each year the Director
of the Comptroller’s Office, Jenny Spencer, and her team begin the long,
laborious process to put together a Comprehensive Annual Financial Report
(CAFR) and then briefly described what the CAFR is. The Clerk noted that this Certificate of
Achievement is the highest form of recognition in the area of government
accounting and financial reporting. This
will be 37 years that the award has been presented to the Seminole County
Clerk’s Office, which makes it one of the top five offices in the state of
Florida for receiving that award.
Clerk Maloy explained that the CAFR is a
huge offer and takes a lot of partners.
He thanked the County’s Graphics Department for their help with the
cover that they do each year. He pointed
out that they also work with the County Commission, the budget staff, County
Management, various departments, the Constitutional Officers, the Port
Authority, and the Law Library; and they all make it possible for the
Comptroller’s Office to put the CAFR together.
Clerk Maloy congratulated Ms. Spencer and thanked her and her team for
their hard work.
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Agenda Item #2 – 2018-1114
Motion by
Commissioner Dallari, seconded by Commissioner Constantine, to approve
appropriate Resolution #2018-R-151 recognizing Barbara Hughes for 38 years of service
to Seminole County Government and its citizens.
Districts 1, 2, 3, 4, and 5 voted AYE.
Ms. Hughes addressed the Board to express her appreciation.
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Agenda
Item #3 – 2018-1115
Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to approve
appropriate Resolution #2018-R-152 recognizing Todd Gaddy, Assistant
Chief/Shift Commander, for 31 years of service to Seminole County Government
and its citizens.
Districts 1, 2, 3, 4, and 5 voted AYE.
Mr. Gaddy addressed the Board to express his appreciation.
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Agenda
Item #4 – 2018-1096
Motion by
Commissioner Lockhart, seconded by Commissioner Constantine, to approve a Proclamation
recognizing Senior Chief Yeoman Brenda J. Johnson as the December 2018 Veteran
of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chief Yeoman Johnson addressed the Board to express her
appreciation.
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Agenda
Item #5 – 2018-1097
Motion by
Commissioner Zembower, seconded by Commissioner Dallari, to approve
Proclamation recognizing Senior Chief Petty Officer Casper Johnson as the
December 2018 Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Senior Chief Petty Officer Johnson addressed the Board to express
his appreciation.
COUNTY
MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, announced that there are four
additions to the Consent Agenda. Item
24-A involves the termination of a utility easement for Park Lane Place; Item
30-A authorizes the County Manager to issue a Notice of Lease Termination for
the Tourism Office; Item 30-B is a budget amendment related to the Workers’
Compensation Fund; and 36-A is a budget amendment related to the carryforward
for capital projects. Ms. Guillet added
that Item #18, a funding agreement with LYNX, is being pulled and will be brought back to the Board at a later
date
Commissioner Dallari requested that Items #26 and #36-A be pulled for a separate discussion.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Dallari,
seconded by Commissioner Lockhart, to authorize and approve the following:
County Manager’s Office
Addressing
6. Adopt and authorize Chairman to execute appropriate
Resolution #2018-R-153 renaming Jit-Way to Jitway. (2018-1084)
7. Adopt and authorize Chairman to execute
appropriate Resolution #2018-R-154 renaming Right-Way to Rightway. (2018-1083)
Economic Development Division
8. Approve
and authorize the Chairman to execute the Master Services Agreement for
Fiscal Year 2018-2019 between Seminole County and Orlando Economic Partnership,
Incorporated in the amount of $406,490 for the purpose of providing economic
development services in Seminole County.
(2018-1067)
Office of Emergency Management
9. Approve
and authorize the Chairman to execute the Memorandum of Understanding between
Seminole County and Hispanic Family Counseling, Inc. for mental health
counseling services inside emergency shelters during times of disaster. (2018-1116)
10. Approve and authorize the Chairman to execute
the Memorandum of Understanding between Seminole County and T.A. Neeley, Inc.
d/b/a River City Catering for Catering Services during Disaster Operations and
Emergency Response. (2018-1117)
Human Resources
11. Approve and authorize the updated rates for
Symetra, Seminole County's Stop-Loss insurance provider as updated and provided
by Symetra for the period January 1, 2019, to December 31, 2019. (2018-1100)
12. Approve the improved payment agreement with
the Pharmacy Program through Florida Blue; and authorize the County Manager to
execute the required administrative agreement.
(2018-1112)
Tourism Development Division
13. Approve and authorize the Chairman to execute
appropriate Resolution #2018-R-155 providing tournament personnel golf cart use
on a specific segment of Lake Markham Road and South Sylvan Lake Drive for
the Elite Clubs National League Tournament on December 29 through 31, 2018, and
the ECNL Girl's National Soccer Event on January 11 through 13, 2019. (2018-1111)
Community Services
Business Office
14. Approve the appointment of Donna Walsh and
reappointment of Latrice Stewart for a two-year term to the Board of Directors
of the Local Health Council of East Central Florida, Inc. (2018-1118)
Community Assistance
Division
15. Approve the funding recommendation in the
amount of $143,756.64 for the continued support of the Impact Homelessness Fund
with the Central Florida Commission on Homelessness for chronically homeless
population; and authorize the Chairman to execute agreements with the
subrecipient agencies as needed. (2018-1106)
Community Development
Division
16. Approve
and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to
Seminole County Resolution #2013-R-61, and the HOME Program Activity Report,
pursuant to Seminole County Resolution #2015-R-51 for the month of October
2018. (2018-1105)
17. Approve and authorize the Chairman to execute
the HOME Investment Partnerships (HOME) Program Agreement in the amount of
$30,000 with Habitat for Humanity of Seminole County and Greater Apopka,
Florida, Inc. for the development of two affordable housing units for
homeownership. (2018-1104)
Development
Services
Planning
& Development Division
18. Pulled
from the Agenda the request to approve and authorize the Chairman to
sign the Fiscal Year 2018-2019 Service Funding Agreement between Seminole
County and the Central Florida Regional Transportation Authority (LYNX). (2018-1047)
19. Authorize the Chairman
to execute the Satisfaction of Lien for Code Enforcement Board Case
#12-110–CEB, at 230 Lake Destiny Trail, Altamonte Springs, Tax Parcel
#22-21-29-507-0H00-0140, previously owned by Bank of New York Mellon, currently
owned by Stacy L. Davis. (2018-1078)
20. Authorize release of Performance Bonds
(Private Road, Streets, and Drainage) #60121238 in the amount of $852,768.31
and Performance Bond (Water and Sewer) #60121239 in the amount of $274,737.47
for Clifton Park Phase 2 subdivision; Beazer Homes, LLC, Applicant. (2018-1081)
21. Authorize release of Performance Bond (Road,
Streets, and Drainage) #60123313 in the amount of $233,073.59 for Bay Meadow
Farms at Longwood subdivision; M/I Homes of Orlando, LLC, Applicant. (2018-1082)
22. Authorize release of Maintenance Bond
(Streets, Curbs, and Storm Drains) #SU1140629 in the amount of $1,802.61 for
Mitchell Creek subdivision; Beazer Homes, LLC, Applicant. (2018-1085)
23. Authorize the Chairman to execute
the Infrastructure in Right-of-Way Maintenance Agreement between Seminole
County and The Master's Academy. (2018-1092)
Environmental Services
Business Office
24. Authorize the release of Maintenance Bonds for
Water & Sewer Facilities, Cash Maintenance Bond with Escrow Agreement, and
Maintenance Agreement with Letter of Credit for the following:
(1) Hobby
Lobby #106538292 in the amount of $8370;
(2) La
Amistad # B1-10113a in the amount $1,000;
(3) Lake
Sylvan Oaks #347022432-L005 in the amount of $16,897;
(4) Seranza
Park #60000006303-1 in the amount of $9,362.40;
(5) Tuskawilla
Estates #024068701 in the amount of $38,219.52;
and
(6) WaWa SR46 Check #950 in the amount of
$1,163.50; Aloma Trail #58732478 in the amount of $20,270.46; and Bellevue #1961796M
in the amount of $36,052.67; were previously released on April 10, 2018. (2018-1068)
24A. Approve the Termination of the Utility Easement
for the project known as Park Lane Place.
(2018-1120)
Fire Department
Business Office
25. Approve
and authorize the Chairman to execute a First Amendment to Certificate of
Public Convenience and Necessity (COPCN) for Advent Health d/b/a Advent
Emergency Medical Services and Advent Health Flight 1. (2018-1119)
Leisure
Services
Business
Office
26. Pulled
for a separate discussion.
Library
Services
27. Approve
and authorize the Chairman to execute the State Aid to Libraries Grant
Agreement and Certification between the State of Florida, Department of State,
and Seminole County Board of County Commissioners for and on behalf of Seminole
County Public Library System in anticipated acceptance of monies in State Aid
to Library funds for library-related operating expenses and approve the
attached annual plan of service. (2018-1107)
Public
Works
Engineering
Division
28. Approve
and authorize the Chairman to execute the Recreational Trail Use and
Maintenance Easement between Seminole County and the School Board of Seminole
County for the Cross Seminole Trail Missing Link. (2018-1080)
29. Approve
and authorize the Chairman to execute a Wetland Mitigation Agreement in the
amount of $604,500 to comply with the St. Johns River Water Management District
(SJRWMD) mitigation requirements for issuance of an environmental resources
permit for the New Oxford Road Project.
(2018-1089)
30. Approve and authorize the Chairman to execute
an Agreement of Purchase and Sale of Mitigation Credits with William L. Colbert
for up to $230,000 to comply with the St. Johns River Water Management District
(SJRWMD) and the United States Army Corps of Engineers (USACE) mitigation
requirements for issuance of environmental resources and USACE permits for the
New Oxford Road Project. (2018-1103)
30A. Approve and authorize the County Manager to
issue a Notice of Lease Termination with George P. Jackson, PA, for the Tourism
Lease. (2018-1124)
Resource
Management
Budget
& Fiscal Management
30B. Approve and authorize the Chairman to execute
appropriate Resolution #2018-R-156 implementing Budget Amendment Request (BAR)
#18-085 in the amount of $463,155 through the Worker's Compensation Fund
reserves to provide additional funding for Workers’ Compensation
outstanding claims liability. (2018-1123)
31. Approve
and authorize the Chairman to execute appropriate Resolution #2018-R-157
implementing Budget Amendment Request (BAR) #19-010 through Neighborhood
Stabilization Program 1 (NSP1) in the amount of $50,010 resulting from
repayment of Purchase Assistance for Fern Lee Spencer sale of property. (2018-1099)
32. Approve
and authorize the Chairman to execute appropriate Resolution #2018-R-158
implementing Budget Amendment Request (BAR) #19-011 through the Solid Waste
Fund in the total amount of $222,193 to appropriate $177,000 in Florida Fish
and Wildlife Commission grant funding and $45,193 in reinvestment revenues from
the sale of bear-resistant trash cans. (2018-1079)
33. Approve and
authorize the Chairman to execute appropriate Resolution #2018-R-159
implementing Budget Amendment Request (BAR) #19-012 in the amount of $984,056
through the Economic Development Fund to carryforward the Job Growth Incentive
(JGI) and Qualified Target Industry (QTI) unexpended project funds from the FY
2017-18 Budget to the FY 2018-19 Budget. (2018-1098)
34. Approve and authorize the Chairman to execute
appropriate Resolution #2018-R-160 implementing Budget Amendment Request (BAR)
#19-013 through various funds in the amount of $10,838,257.36 to carryforward
available grant balances from FY 2017-18 to FY 2018-19. (2018-1108)
35. Approve and authorize the Chairman to execute
appropriate Resolution #2018-R-161 implementing Budget Amendment Request (BAR)
#19-014 through the Community Services Block Grant (CSBG) fund in the
amount of $28,655.74 to carryforward grant balance from FY 2017-18 to FY
2018-19. (2018-1109)
36. Approve and authorize the Chairman to accept
a grant award and execute appropriate Resolution #2018-R-162 implementing
Budget Amendment Request (BAR) #19-015 in the amount of $20,000 from the
Friends of the Wekiva River, Inc. for the Wilson's Landing Erosion Control and
Rain Garden Project. (2018-1101)
36A. Pulled for a separate
discussion.
37. Approve and authorize the Chairman to submit
the Emergency Medical Services (EMS) Trust Grant Resolution #2018-R-164 and
Application in the amount of $73,367 from the Department of Health to be used
for the purchase of safety transport equipment for children and adults for the
County's EMS services. (2018-1086)
Purchasing
& Contracts Division
38. Award
RFQ-603240-18/TLR, Mobile Concession Services Agreement, to Theodore Williams,
III d/b/a Garden Dog, Sanford; authorize the Purchasing and Contracts
Division (PCD) to execute the Agreement; and allow PCD to execute future
Agreements for these services within the same parameters of this Agreement. (2018-1076)
39. Approve a
one-time increase to the estimated annual usage amount for PS-9738-14/JVP,
General Environmental Consulting Services; approve Work Order #30
(Implementation of Remedial Action Plan Modification (RAPM) for Rolling Hills
Golf Course) with E Sciences, Inc. of Orlando in the amount
of $246,678.82; and authorize the Purchasing and Contracts Division to
execute the Work Order. (2018-1088)
Risk Management
40. Approve renewal of the County’s Workers’
Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and
Internet Liability, Pollution Liability, Aviation Liability, and Federal Flood
Insurance Programs for calendar year 2019 with authorization to bind coverages
effective January 1, 2019. (2018-1102)
Districts 1, 2, 3, 4, and 5 voted AYE.
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Consent
Agenda Item #26 – 2018-1054
With
regard to funding for the United Arts, Commissioner Dallari stated he is fully
supportive of the arts and is okay with the total number. The Commissioner questioned why they are
using United Arts as a pass-through and not just giving the money directly to
Wayne Densch Performing Arts Center or the Seminole Cultural Arts Council. He pointed out that the increase in
additional funding is going to United Arts and he would think it would be
increased equally across the divisions instead of just included in the Arts. Commissioner Constantine stated he has
similar concerns but not necessarily the pass-through (although that is
something they do need to discuss). He
pointed out they did have an increase of about $2,500 and the request that they
received was that all of that money would go to United Arts as additional money
for administration. He stated if the
Board is going to give the funds, he thinks the $2,500 should be distributed
equally and not percentage-wise as the particular request. The Commissioner believes that instead of
redistributing the funds themselves, they should postpone this, send it back to
the United Arts director with a suggestion that they redistribute it
accordingly percentage-wise, and then have them bring that back to the Board. He believes they need to send a message to
them that if there is additional money, it should not just go to administration
but rather should be distributed equally and that Seminole County is still a
partner in this and is watching.
Chairman
Carey stated she also had a concern about Item #26. She explained that Seminole County does a per
capita funding for the arts and she believes the reason the funding goes
through United Arts is because they are able to take that money and use it to
get other grants because they can show they have those contributions made
through them for the distribution. The
Chairman pointed out there was nothing in the Agenda Item that showed what was
administrative and what was something else and she would like to see what the
administrative cost is. What United Arts
has done historically was whatever the remaining money there was, they used it
for smaller individual grants. She
reiterated that she would like to know what is happening with the excess funds
and confirm the reason the County would still send the funds through them is so
they can parlay that money.
Commissioner
Lockhart requested they add a little more information. She believes each one of the Commissioners
has had an opportunity to speak with folks in the community about this and it
is a concern because the arts are so important.
The County wants to make sure the money that they have is being used in
the best way that it can. The
Commissioner stated she has learned recently that Seminole County is no longer
included in the United Arts annual campaign and wanted to make sure that is the
case; Commissioner Dallari confirmed that is the case. Commissioner Lockhart advised it concerns her
that they would continue to use United Arts as the pass-through if Seminole
County is not even included in the annual campaign.
Chairman
Carey asked Commissioner Constantine (the County’s representative on the United
Arts board) if he has any information about that. Commissioner Constantine recognized that the
chairperson for United Arts was present and suggested they may want to hear
from her. He noted there is a United
Arts meeting tomorrow and he was going to present this item back (if approved
by the Board) to the United Arts director and suggest they look at the item and
redistribute it.
Chairman Carey advised that it sounds like
there is enough interest to continue this item, let staff take it back, and let
Commissioner Constantine bring these issues up at the United Arts meeting
tomorrow.
Motion by Commissioner Dallari,
seconded by Commissioner Zembower, to continue to January 8, 2018, a request to
approve a Funding Agreement between Seminole County and United Arts of Central
Florida, Inc. in the amount of $137,282 reflecting $.301879 per capita funding
as part of the 2018-2019 budget.
Under discussion, Commissioner Dallari
requested that staff bring back the items that were addressed today including
the pros and cons of giving the money directly to groups or continuing to go
through United Arts. He would also like
to understand what the administrative costs are for. Chairman Carey stated she would like to
understand why Seminole County is not included in the campaign.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Consent
Agenda Item #36-A – 2018-1121
With
regard to Budget Amendment Request (BAR) #19-016 to carryforward unexpended
project budgets, Commissioner Dallari stated he has no problem adopting this as
presented to the Board but he wants to have a conversation with the Board
members regarding the carryforward. He
stated his biggest issue with the carryforward is in regard to the Public Works
Department and noted there is a carryforward of $133,000,000. Regarding the information presented, he would
like more information concerning the status of each one of the projects so the
Board can better understand where the project is at and when they will be
completed. Chairman Carey pointed out
they have had some issues with closeouts as well. She advised this is a budgetary item and the
Board would like to see another line item put on as to where the projects are
in the process of being completed.
Commissioner Dallari stated it is not just completion; he wants to know
the percentage of completion, when the due date is, and when the closeout is. Ms. Guillet advised that staff does quarterly
reports for the Commissioners on the sales tax funds and suggested they do a
similar report on the Environmental Services capital projects as well.
Motion by Commissioner Dallari,
seconded by Commissioner Zembower, to approve and authorize
the Chairman to execute appropriate Resolution #2018-R-163 implementing Budget
Amendment Request (BAR) #19-016 to carryforward unexpended project budgets
in the amount of $211,745,023.42 from FY 2017-18 to FY 2018-19 with the caveat that staff will bring
back a quarterly update of the status of both Public Works and Environmental
Services projects. (2018-1121)
Districts
1, 2, 3, 4, and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT
AGENDA
Clerk
& Comptroller’s Office
Motion by Commissioner
Constantine, seconded by Commissioner Dallari, to approve the following:
41. Approve
Expenditure Approval Lists dated October 29, November 5, 13, and 19, 2018; and
Payroll Approval Lists dated November 1 and 15, 2018; and the BCC Official
Minutes dated October 9, 2018. (2018-1110)
Districts 1, 2,
3, 4, and 5 voted AYE.
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The
Board noted, for information only, the following Clerk & Comptroller’s
“Received and Filed”:
1. Florida Public Service Commission Notice of
Proposed Agency Action Order Approving Duke Energy Florida LLC’s Standard Offer
Contract and Related Tariffs #PSC-2018-0314-PAA-EQ re: Petition for approval of
amended standard offer contract (Schedule COG-2) based on combustion turbine
avoided unit by Duke Energy Florida LLC, Docket #20180073-EQ, issued June 19,
2018.
2. Florida Public Service Commission Tariff Order
#PSC-2018-0547-TRF-GU re: Joint petition for approval of GRIP cost recovery
factors by Florida Public Utilities Company, Florida Public Utilities
Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation,
Docket #20180163-GU, issued November 19, 2018.
3. Florida Public Service Commission Consummating
Order #PSC-2018-0498-CO-EI re: Petition for limited proceeding for approval of
a smart peter opt-out tariff by Duke Energy Florida, LLC, Docket #20180088-EI,
issued October 16, 2018.
4. Tourist Tax Funding Agreement with A-Game
Baseball Inc. for CFO Fall Championship.
5. Tourist Tax Funding Agreement with Central
Florida Youth Tackle Football League, Inc. for AYF Southeast Regionals.
6. Tourist Tax Funding Agreement with
Proswings.com LLC for Power 50 Invitational.
7. Tourist Tax Funding Agreement with Headfirst
Baseball, LLC for Honor Roll Camps.
8. Parks Contracts for Services with Michael
Binz, Adam Skelton, and Antoinette Basque.
9. Conditional Utility Agreement for Water,
Wastewater, or Reclaimed Water Services with Adventist Health System/Sunbelt,
Inc. d/b/a Florida Hospital for the project known as Florida Hospital Emergency
Department.
10. Development Commitment Agreement #18-205000014
for Cameron Heights Village A; American Land Investment of Celery Avenue, LLC.
11. Development Orders (3) for Alcoholic Beverage
License: #18-27500037, The Hummus
Corner, 677 North Hunt Club Boulevard (Shoppes of Sweetwater, Inc.);
#18-27500038, El Gordo Tacos & Café, Inc., 1495 S. Highway 17-92 (Angel and
Niva I. Gonzales); and #18-27500041, WAWA #5280, 4256 Aloma Avenue (Golden
Arrow WPP, LLC).
12. Development Order #18-20500039; Addendum #6 to
the Cameron Heights Planned Development; Sona H. and Ara S. Manjikian (Village
D) and Seminole2 Inv. LLC (Village J).
13. Recording of Plats and Title Opinion Letter
for Strive at Fern Park (Final Plat); Estapona Senior Living, LLC.
14. Board of Adjustment Approval Development
Orders #18-30000076, 200 South Lakewood Circle, Rachel Villagomez and Bryan
Bardes; #18-30000077, 4730 Nolan Road, Barbra Parker; #18-30000078, 1198
Saddlehorn Circle, Philip J. and Kathryn J. St. Onge; #18-30000079, 209 Dublin
Drive, Edward Rosa and Yuki Foster; #18-30000080, 311 Maple Tree Lane, Robin L.
and Bruce L. Beal; #18-30000081, 1940 Carrigan Avenue, Sarah L. Dunlop;
#18-30000082, 6039 Linneal Beach Drive, Leon and Lori Mills; #18-30000083, 1156
Homeward Lane, Ivan Sorokoumov and Alexey Kryuchkov; #18-30000084, 324
Wolfberry Lane, Taffazal Gafoor; #18-30000085, 770 Harney Heights Road, Dustin
and Leeann Carter; #18-30000086, 298 South Fox Chase Point, Alvin and Joanne
Vicioso; #18-30000087, 3301 Main Street, Reginald Lowery; #18-30000088, 1595
Thornhill Circle, Greg and Linda Scarcelli; #18-30000089, 182 Jay Drive, Israel
and Nilda Martinez; and #18-30000090, 99 Frances Circle, Andrew and Bethany
James.
15. ESG Subrecipient Agreement with Seminole
County Victims’ Rights Coalition, Inc. for Program Year 2018/19; as approved by
the BCC on 7/24/18 under the 2018/19 One-Year Action Plan.
16. Community Services Funding Agreements for
Fiscal Year 2018/2019 for Seminole County Bar
Association Legal Aid Society; Boys & Girls Clubs of Central Florida, Inc.;
IMPOWER; Meals on Wheels; Seminole County Victims’ Rights Coalition, Inc. d/b/a
SafeHouse; and Kids House; as approved by the Board of County Commissioners on
August 14, 2018.
17. SAMHSA Adult Drug Court Services Agreements
for Program Years 2018/2019 through 2022/2023 for Eighteenth Judicial Circuit
Court in and for Seminole County; Aspire Health Partners, Inc.; New Life
Connections, Inc.; United Safety Council, Inc.; Hope and Help Center of Central
Florida, Inc.; and Brooke Research & Consulting, LLC; as approved by the
Board of County Commissioners on August 28, 2018.
18. IFB-603276-18, Term Contract for Purchase of
Sodium Hydroxide for the Water Treatment Facility, with Allied Universal
Corporation.
19. PS-1946-18, Agreement for Seminole County
Environmental Services Ecological Support Program (SCES), with Environmental
Science Associates Corporation, as approved by the Board of County
Commissioners on September 25, 2018.
20. PS-1998-18, Master Services Agreement (3) for
General Environmental Services, with E Sciences, Incorporated; Environmental
Consulting & Technology, Inc.; and Environmental Science Associates
Corporation; as approved by the Board of County Commissioners on October 9,
2018.
21. Work Order #23 to CC-0559-15 with Central
Florida Environmental Corporation.
22. Change Order #1 to Work Order #2 to CC-1391-17
with Ryan Fitzgerald Construction, Inc.
23. Closeout to CC-1498-17 with Carr &
Collier, Inc.
24. Change Order #1 to CC-1875-18 with CTR III
Enterprise Inc. d/b/a CEG.
25. Change Order #1 to CC-1966-18 with Glen Holt
Aluminum LLC.
26. Closeout to Work Order #13 to CC-9184-13 with
Affordable Development, a division of Driveways, Inc.
27. Work Order #37 to PS-0009-15 with Inwood
Consulting Engineers, Inc.
28. Work Order #38 to PS-0009-15 with Pegasus
Engineering, Inc.
29. Work Orders #10 and #11 to PS-0157-15 with
S2L, Inc.
30. Work Order #5 to PS-1320-17 with Southeastern
Surveying and Mapping Corporation.
31. Work Order #4 to PS-1529-17 with Albeck Gerken,
Inc.
32. Work Order #1 to PS-1709-18 with E Sciences,
Inc.
33. Work Order #1 to PS-1832-18 with Tierra, Inc.
34. Amendment #7 to Work Order #2 to PS-4202-09
with Dewberry Bowyer-Singleton.
35. Amendment #8 to Work Order #108 to PS-5120-02
with Atkins North America, Inc.
36. Amendment #1 to Work Order #26 to PS-8286-13
with Kittelson & Associates, Inc.
37. Amendment #2 to Work Order #22 to PS-9738-14
with Environmental Consulting & Technology, Inc.
38. Work Order #11 to RFP-1294-17 with M&J Enterprises
International, Inc.
39. Work Order #11 to RFP-9601-14 with Revere
Controls Systems, Inc.
40. Twelfth Amendment to RFP-600933-10 with Konica
Minolta Business Solutions USA, Inc.
41. First Amendment to RFP-602671-16 with The
Balmoral Group, LLC.
42. Bids as follows:
RFP-603224-18 from Dean, Mead,
Egerton, Bloodworth, Capouano & Bozarth, PA; Florida Alliance Consulting,
LLC; GrayRobinson, PA; Ronald L. Book, PA; Southern Strategy Group of Orlando,
LLC; JEJ & Associates, Inc; PinPoint Results, LLC; Peebles, Smith &
Matthews, Inc.; and
PS-2101-18 from Kessler Consulting,
Inc.; HDR Engineering, Inc.
Sheriff’s Office
Motion by Commissioner Dallari,
seconded by Commissioner Lockhart, to approve the following:
42. Approve appropriation
of $190,000 from the Local Law Enforcement Trust Fund for Fiscal Year 2018-19
to provide funding to various support organizations within the community to
assist in crime prevention, safe neighborhoods and programs for at-risk
populations. (2018-1094)
Districts 1, 2, 3, 4,
and 5 voted AYE.
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Chairman
Carey recessed the meeting at 10:20 a.m., reconvening it at 10:25 a.m.
REGULAR
AGENDA
Agenda Item
#43 – 2018-1087
Ray
Hooper, Purchasing and Contracts Division Manager, addressed the Board and
advised that RFP-603224-18 will provide State Legislative and Governmental
Lobbying Services. In response to this
solicitation, the County received eight proposals; and the Evaluation Committee
evaluated these proposals and short-listed five firms. Mr. Hooper stated the original proposals
submitted from these five top firms were submitted to the Board via a memo on
November 18, 2018. The comments from the
Evaluation Committee are contained in the backup of this Agenda Item #43. Staff is requesting that the Board hear the
presentations and then discuss and rank each of the short-listed firms. Mr. Hooper explained how the ranking process
will work.
Dean Mead
The presentation
for Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA, was displayed
and reviewed. Cari Roth addressed the
Board and discussed the experience of the six members of her team. Ms. Roth pointed out that any relationship is
fostered on good communications and talked about how her firm is very
knowledgeable about the issues presented to county government. Her firm currently represents Lee, Manatee,
and Charlotte counties, and the firm has been active with the Association of
Counties. They are “up” on the big
statewide issues.
Ms. Roth
stated the Board has some very good firms present today and she believes
everybody here today has great knowledge of the legislative process and the
leaders and their staff at both the Legislature and the Agencies. She talked about how her firm’s knowledge
about the different governmental programs distinguishes them from other
firms. Ms. Roth reviewed her firm’s
experience with local government issues, environmental issues, economic and
business development issues, and Home Rule protection issues. She talked about their experience in securing
quality of life improvements for local governments.
Peter
Dunbar addressed the Board and summarized the presentation. Mr. Dunbar emphasized that the team from Dean
Mead has extensive experience and they have all been either a part of the
executive or legislative branch of government at some point during their careers. That experience allows them to not just have
the knowledge process that is formally out there and available but also the
informal protocols that drive the process and are also a part of the decision-making
process. Mr. Dunbar pointed out that it
allows them to be timely and effective on behalf of the advocacy for their
clients; it lets them be creative for the benefit of their clients; and it lets
them try to achieve unique and individual solutions for their clients.
Mr. Dunbar
stated the firm does have an internal limitation that is self-imposed so they
do not overextend themselves and are available to provide consistent and
comprehensive advocacy for their client base.
He concluded by saying the Board’s choices this morning are all good and
his firm does appreciate the Board’s willingness to let Dean Mead be considered
among the others.
With
regard to questions, Commissioner Lockhart stated she will be asking this
question of all of the firms. The
Commissioner stated there are opportunities where different lobbying firms have
clients that may want the firm to represent them before this body. It is not uncommon in some instances to have
lobbying firms who want to lobby their client on behalf of other clients. Commissioner Lockhart asked Mr. Dunbar if
that is something that he intends to do.
Mr. Dunbar advised that Dean Mead never does that and has never done
that in the other local government representations that the firm has. They make it a policy in their firm not to do
that. Mr. Dunbar stated they represent
the County and do not ever take a position to be in a contrary position or to
take advantage of that role.
With
regard to their private practices, Commissioner Zembower asked how much time is
devoted to lobbying versus their own private practice. Mr. Dunbar stated they all do maintain a
practice base apart from the Legislature; but for the governmental affairs
unit, which is a good part of the Tallahassee office, lobbying is their
priority at all times. He talked about
how he teaches at the law school in the off season and mentioned his legal
expertise is primarily in multifamily housing and condominium and mandatory
homeowners associations. Mr. Dunbar stated
they carry that expertise, much like French Brown does in tax or Ms. Roth does
in development and land planning, into the legislative arena and is part of
what credentials them and often they are asked for that expertise in the
presentation. Mr. Dunbar reiterated they
all do that; but the legislative priority during the legislative season (which
is the interim committee, the full legislative session, and the veto period) is
always their priority.
Commissioner
Constantine pointed out that Mr. Dunbar has seen Seminole County’s potential
legislative priorities and noted that in many cases they are similar to other
local government clients. The
Commissioner talked about Seminole County also having a unique concern and
pointed out that it is something that is extremely important. Last year there were certain individuals that
tried to put an amendment onto larger omnibus bills that had to do with growth
management or community development that tried to basically throw out Seminole
County’s voter initiative regarding the Rural Boundary. Commissioner Constantine stated he believes
there is going to be a “run” on this again.
He asked Mr. Dunbar what puts him in a unique position to counter that
challenge. Mr. Dunbar stated their
relationships are always important. He
added that he does expect that legislation back again. It is part of a more comprehensive package
that has now been a part of the debate for the last three years. Mr. Dunbar stated the objective is to try and
make sure they have created an awareness of what is being done among the
policymakers in an effort to make sure that the County’s objective is met and not
overrun by a surprise or a preemption.
Commissioner
Constantine asked Mr. Dunbar what makes him unique in feeling that he can
counter this and stop it. Mr. Dunbar
explained that this deals with an area of expertise that his firm understands,
what it is and how it is disruptive.
Then the question becomes how good are your contacts among the
leadership tier to try and prevent that from making it through the
process. One of the places that his firm
works pretty extensively is the judiciary committee in both houses. This is an issue that is likely to be there
and also in the community-affairs-related committees. Mr. Dunbar reminded the Board that Ms. Roth
is the former general counsel of that department.
Commissioner
Dallari noted that in the presentation Ms. Roth advised that the firm is very
involved with local governments around the state as well as the State
legislators and is aware of the big issues that are going to be addressed in
the state when it comes to Home Rule.
The Commission requested that Mr. Dunbar talk about some of those issues
that are coming up that he feels will be important to the County. Mr. Dunbar stated there has been in the
recent years an assault on Home Rule powers.
He mentioned some of his other clients and relayed an example of a
preemption of local governments' ordinances that dealt with the rental property
in the Airbnb arena. The two clients
that they had at the time were both exempt from that. The Legislature tried to move election cycles
in a way that would have been prejudicial to one of their other clients and a
proposed renewal of a sales tax penny.
When the first legislation did not pass the first time and when it did
pass the final time, the concern of their client was preempted and they were
exempted from that process.
Mr. Dunbar
explained that it falls into two categories.
His firm works routinely with both the Florida League of Cities and the
Florida Association of Counties. That is
part of the network that is there as well as the lobbyist for the other major
counties. They also provide or try to
provide as best they can an individual focus for their clients so that the
impacts of this sort of assault on local governments does not fall on them.
Chairman
Carey noted that in the materials regarding experience, it is stated they have
acquired millions of dollars for funding in Sarasota County and Charlotte
County for septic tank replacement programs and requested that Mr. Dunbar talk
about how much money the firm was able to secure for them. Mr. Dunbar stated given the last campaign
cycle and the issues that have surfaced both around the lake and in other
places, he believes that is going to be a top priority going forward. He requested that Ms. Roth address the
Chairman's question. Ms. Roth explained
that it was done over successive years and often with continuing phases of
projects. The individual amounts varied
from $600,000 to $1.2 million for each project.
She advised that she hasn't totaled them all up but she believes it is
probably in the range of $10 million over time.
Chairman
Carey asked if the programs are still ongoing and being funded and were they
funded over multiple years. Ms. Roth
stated there will be additional phases that will be requested this coming year
and they were funded last year. She
advised that there has been some discussion about trying to create a dedicated
funding source for local government matching programs for septic to sewer. It is a problem in many places; and in many
places the areas that are most affected are lower income, are the older
communities that each county has, and are the least able to afford the cost
themselves.
Chairman
Carey asked Mr. Dunbar to confirm that if his firm is the lobbyist for Seminole
County, they will not be here trying to be lawyers for people that are coming
before the Board; and Mr. Dunbar told the Chairman that is absolutely correct.
Florida
Alliance Consulting, LLC
The
presentation for Florida Alliance Consulting, LLC, was displayed and
reviewed. Alex Setzer addressed the
Board and thanked them for the last four years that he has had the opportunity
to represent Seminole County. Mr. Setzer
briefly described some of his accomplishments and gave a short history of his firm. He talked about the differences between small
firms and large firms and detailed the benefits of a smaller firm.
With regard
to his approach, Mr. Setzer pointed out it is important to have a strong
understanding of the legislative process, the personalities at play, the
priorities of leadership in each chamber, the priorities of each committee and
what they want to get accomplished, and also the behind-the-scenes of what is
occurring. He stated he believes he has
demonstrated that he knows how to do that and will continue to do that on
Seminole County’s behalf. Mr. Setzer
continued his review of his approach and talked about his deep connections
across the state and the fact that the Florida Legislature is a year-round
process. He mentioned his strong working
relationships with the local delegation, leadership, and Seminole County
Government.
With
regard to qualifications and experience, Mr. Setzer reviewed the list of
Seminole County Budget Successes and noted they have done just over $6 million
for the County in the past four years.
He discussed the very strong win they had in Jetta Point and added that
he believes Oscar Anderson, with Southern Strategy Group, was very instrumental
in helping in the process and appreciated Mr. Anderson’s partnership on that.
With
regard to Areas of Opportunity, Mr. Setzer explained that he has been involved
with the Department of Juvenile Justice Repayment of Funds for four years. He pointed out that they have to date raised
$3 million of the $4 million and then talked about the work he has done and is
doing to get the money that the County is owed into the budget. Mr. Setzer discussed the work needed
regarding Homelessness in Seminole County.
With
regard to Potential Threats, Mr. Setzer stated they all know that Home Rule
attacks have been occurring. He believes
the attacks will be slightly less this year but would caution the Board not to
think the attacks will be going away.
Current leadership is not much different than the leadership they have
seen in the last two years; so he does strongly believe they will see some Home
Rule attacks. Mr. Setzer advised that the
Senate has traditionally held the line in these areas but they have lost a lot
of strong advocates in the Senate for local governments. With that line of defense being diminished
and knowing where the House has been in recent years, he thinks it is
imperative that they tee their local delegation up and work incredibly hard,
especially on the Senate side, to ensure that these Home Rule attacks are met
with strong resistance. He discussed the
River Cross Development and suggested it will be coming back in a more
organized manner. He believes it will
show up on the House side and have much stronger support than it did last year
and they will have to work incredibly hard on the Senate side to fight this.
Mr. Setzer
closed by stating he believes he has a proven track record for Seminole
County. He thinks his passion shows and
he works incredibly hard. Representing
Seminole County in the Legislature is his sole focus. He mentioned his strong connections across
the state, especially in leadership and with the local delegation. Mr. Setzer stated he will not be concentrating
on other local governments; Seminole County will be the local government that
he works for.
With
regard to Commissioner Lockhart’s previous question, Mr. Setzer stated he does
from time to time bring clients before the Board. He has worked with the legal office and the
County Manager and always conflict-check anything he does with them. On numerous occasions, he has turned down
what would be lucrative contracts because it was brought up that there might be
a conflict. Mr. Setzer advised that
there will be times that he comes before the Board and asks to do that. He stated that it is his intention to
continue to do that; but, as always, he will have the conflict checked out and has
no problem saying no to prospective clients.
Commissioner
Constantine asked Mr. Setzer to answer the same question that he asked Dean
Mead. Mr. Setzer replied that he thinks
that he did a phenomenal job last year of really gearing up the local
delegation. He stated lobbying is very
much like being the quarterback and moving the ball to the one-yard line. At that point, it is up to the local delegation
and to members to punt into the end zone.
He explained that members of the Legislature do not have all of the time
in the world to track every single issue and play defense everywhere and push
appropriations. Regarding this
particular issue, he believes they will see it much earlier in session;
everyone knows it is coming. He has the
experience of last year of beating it back; and he believes he knows where the
vote count probably is now, knows where leadership probably is on the House
side on it now, and understands what they have to do as a strategy moving
forward to defeat this. Mr. Setzer
stated he will work vigorously and thinks that being from this district helps
him. He talked about how his strong
relationships in the Senate from the House side will also help.
GrayRobinson
The
presentation for GrayRobinson was displayed and reviewed. Chris Carmody addressed the Board to
introduce his firm and explained that they are a lobbying team first. He pointed out that they are not going to
court or going to depositions and worrying about that; they are here worrying about
the County’s issues and just happen to be located within a law firm. Mr. Carmody then introduced the different members
of the team.
Robert
Stuart addressed the Board to talk about some of the firm’s relationships that
he thinks are key to representing the County, if the firm is selected. Mr. Stuart advised that GrayRobinson thrives
on behalf of their clients at the intersection of the law and politics and they
believe that is something that sets their firm apart. He discussed the firm’s relationships with
Governor-Elect DeSantis, Senate President Bill Galvano, Speaker of the House
Jose Oliva, Senate Minority Leader Audrey Gibson, House Minority Leader Kionne
McGhee, and Chief of Staff Shane Strum.
Mr. Stuart stated that it is important to have relationships and
activity at the State Agency level on behalf of their clients as well and
mentioned that the firm is well aware of the issues this County has faced with
the Department of Juvenile Justice. That
is an issue that on behalf of other clients they were very heavily involved
with on the legislative side dating back a few sessions ago. Some of the issues they have worked on relate
to the Department of Transportation, SunRail in particular, water management
districts, DEO, and EFI. Those are
places he thinks the firm can have an impact for the County in the years ahead.
With
regard to the Local Delegation, Katie Flury addressed the Board and talked
about how she is familiar with the local delegation and with the community and
the issues that are important to Seminole County. Ms. Flury stated she has been working with
Senator Simmons since her prior days as a legislative assistant and added that
the rest of the team has been working with the Senator throughout his
legislative career dating back to his days in the House prior to being elected
into the Senate.
Michelle
Ertel addressed the Board and advised she is a Seminole County resident and her
family has roots here. Ms. Ertel stated
what she can tell the Commissioners about GrayRobinson is that if they are
looking for transparency and integrity, GrayRobinson is the firm. She remarked that she is very proud to be
associated with them.
Dean
Cannon addressed the Board and stated he and his firm would be honored to have
the privilege to serve as the County’s lobbyist. Mr. Cannon explained that the appropriations
process is not only a critical part (if not the most critical aspect) of any
lobbying engagement but it is also one of the most nuanced and complexed
processes in Tallahassee. He talked
about one of his first experiences as a lawyer and lobbyist, which was working
on water and wastewater appropriations and water supply issues for Marion
County in the late ‘90s. Commissioner
Creedle from Marion County and he went to the Legislature and they both had the
privilege of serving as Speaker of the House during probably the four worst years
in the modern budget climate.
With
regard to Funding, Mr. Cannon explained that you learn during the
appropriations process that the Speaker and the Senate president not only
appoint all committee chairmen but they negotiate the allocations so you have a
special way of looking at local government appropriations. One of the things he thinks his team is uniquely
suited to bring is not only that expertise in appropriations and the messaging,
timing, and access issues that they offer as former members and former
presiding officers but also the ability to defend against vetoes. He stressed that if you start with avoiding
the veto in mind, you can avoid the disappointing experience of getting it all
of the way through the general appropriations act and then losing it on the
veto end. He added that his firm has had
a hand in over $800 million in appropriations during the last two sessions and
they look forward to carrying that forward into the next session.
With
regard to issues concerning Community Benefits, Mr. Cannon talked about how the
GrayRobinson team crafted the enabling legislation for SunRail and jointly
helped get it through the legislative process.
He pointed out they are coming up on the critical time when the State is
going to turn it over to the local governments.
Whether or not that punch list gets completed and whether or not the
State allocates the proper funding items to them or to the locals will be of
critical importance for Seminole County.
He believes there is no team better suited to the legal, political, and
appropriations aspects of how that turnover process happens and who has the
ability to make sure that Seminole County's interests are protected in the
process. Mr. Cannon talked about several
additional projects that the firm has worked on.
With
regard to Business Development issues, Mr. Stuart mentioned the Florida Job
Growth Grant Fund. He advised that
receiving appropriations or money from the State is not only about the
Legislature. They have been thrilled
over the last budget cycle and the current budget year to have played a role in
five of the Florida Job Growth Grant Fund projects that have been awarded
totaling more than $23 million, which is nearly a fifth of all of the funds
appropriated by the Governor's Office under that program.
With
regard to Environmental issues, Mr. Carmody advised that everyone knows that
environmental appropriations and water projects are of critical importance in
Seminole County. He stated they are very
familiar with that budget silo and familiar with the stakeholders, both at the
staff and legislative levels and the Governor's Office. On the Water Successes slide, he highlighted
the success they had locally in the Florida Keys and advised the firm was part
of the team that brought in $50 million for their wastewater treatment
plan. Mr. Carmody reiterated that it is
important to know the budget silo and know how to work with staff to get
projects through. His firm was
critically involved with the River Cross project with Oviedo. They are familiar with some of the septic
tank issues going on in the county. He
discussed other environmental issues such as Lake Jesup and Rural Boundaries,
which goes with the River Cross project.
Dr. Kim
McDougal addressed the Board to talk about the firm's Home Rule approach. Dr. McDougal stated if GrayRobinson is
fortunate enough and Seminole County hires them, they will help the County
oppose any attack on Home Rule. They
will help the County oppose unfunded mandates, attacks on diminishing local
revenues, and the 2019 legislative priorities and issues. Dr. McDougal discussed the AT&T 5G Bill
and the Tourist Development Tax. They
also represent the Florida Association of Counties. With regard to Increases in Qualify of Life
issues that the firm has worked on, Mr. Carmody talked about the cigar
convention, the City of Ocoee air rights, the infrastructure tax issues for
Lake County, the liquor license issue in Orlando, and homelessness and
IDignity. He stated they view it as
problem-solving and coming up with creative solutions to work tirelessly on
behalf of Seminole County.
Commissioner
Lockhart asked Mr. Carmody what his firm's relationships will be outside of
representing the County, and Mr. Carmody responded that GrayRobinson obviously
represent matters before their various city and county clients. He used Orlando as an example and stated they
both lobby for them and represent groups before them from time to time. With any of those particular activities, they
always run it through the County Attorney and the County Manager and any protocol
that is put in place. As a law firm,
they take that very seriously and don't want to put anyone in a position where
it is uncomfortable. He stated if GrayRobinson
is hired to be the County's lobbyist up in Tallahassee, they would work out the
protocols with the County Attorney, County Manager, and with the Board if there
is an additional layer needed to make sure, if and when they have folks go
before the Board, that they have run through those protocols and they have
cleared conflicts in making sure there is no appearance of impropriety
there.
Commissioner
Constantine indicated to Mr. Carmody that he knows the Commissioner's
question. Mr. Carmody stated they, like
some of the other folks presenting here today, were on the frontline on the
River Cross project and the rural boundaries issues. When they saw the amendment filed, they made
a couple of phone calls and worked with the Senate. He advised that on that particular issue,
they know it and know those particular areas of the statute. They know the leadership and look forward to
working with them on the County's behalf.
He thinks it is something they need to work on closely with the local
delegation. Senator Simmons was a major
champion for this county on that particular issue making sure that, from
Seminole County's perspective, common sense prevailed. He will be someone they can work with on that
as well as the new members of the House and the returning members of the House to
make sure that as a team they identify the issues and see them when they are
coming and make sure that common sense solutions are achieved.
Commissioner
Constantine asked Mr. Carmody what puts his firm in the unique position to stop
these issues. Mr. Carmody stated they
have great relationships with the Speaker and the Senate President. He stated that if and when they were hired,
they would immediately go work with them and identify this as an issue,
explaining to them the importance of that boundary and that it has already been
voter approved and give them some of the back story. Mr. Carmody cautioned that you cannot change
someone’s mind on some of these issues if they are dug in. He doubts that the Speaker coming from Miami
came with a focus on rural and urban boundaries, but he is sure the issue has
been discussed with others who have an interest in this project. Mr. Carmody stated they would immediately
work with the Speaker and his point people on staff. He added that they don’t know the chairs and
the sub-chairs in the House yet but they will work with them. He reiterated that a lot of it is going to
come with working with their local delegation to help identify it. If Senator Simmons and others are dead set
against something, it is going to be difficult to move it though no matter what
the leadership wants because that is sort of how decorum works in the
Senate. He cautioned that it does not
mean it is impossible but his firm would work with the local delegation to make
sure they are empowered with the right information, the law and facts to defend
the County. They would also work with
the leadership on that.
Commissioner
Zembower asked Mr. Carmody what his firm's revenue in percentage is regarding
lobbying activities versus representing land use applicants before
municipalities. Mr. Carmody stated he
could not guess those percentages but mentioned they can pull that information together
for the Commissioner. He advised that
the firm has an eminent domain practice and every once in a while they might
need to work with the County Attorney and County Manager to make sure they have
cleared conflicts. They precleared some
of those conflicts before they bid for this just to make sure that some of the
current clients they have would not be a problem. The same would be true with land use; they
have an active land use practice not just in Central Florida but also across
the state. Mr. Carmody suggested Mr.
Cannon might have an exact answer.
Commissioner Zembower stated he just needs an estimate, not exact. Mr. Cannon stated the truth is he has no clue
what the differential is on land use or local government. He knows what their general lobbying revenues
are. Commissioner Zembower reiterated
that he is looking for percent, not numbers.
Mr. Cannon stated with the prequalification that it is a guess, it is
10% or less for lobbying and 90% or more of the stuff is outside of lobbying
but that is for 14 offices. He stated he
has no idea of the local office numbers.
Chairman Carey summarized that primarily they are a law firm and 10%
lobbyist. Mr. Cannon stated that is a
guesstimate and offered to get that information for the Board if it would help.
Chairman
Carey mentioned that GrayRobinson represents a number of counties according to
their submittal. She pointed out that
some of the counties are adjacent counties and many times they have competing
interests. She asked how they would
determine how they would prioritize Seminole County over some of their other
clients. Mr. Carmody stated if it is a
competing interest on policy, they will address that as they do any kind of
conflict type of issue. As a law firm,
you address it with the clients and try to work out a resolution. In the past when they have had issues with
various clients, whether the government or private clients, they have always
been able to work out those issues and come out with a format, whether it be a
drastic solution such as withdrawing or another solution they could put in
place. If it is funding issues, they
have been able to work through those in working with the local delegation; and
in those silos, there is enough money to go around. They have never found that they can’t
represent their various clients, whether it is an adjacent county or one that
is 100 miles away.
Ronald L.
Book, PA
The
presentation for Ronald L. Book, PA, was displayed and reviewed. Ronald Book addressed the Board and stated
that the County has clearly attracted more of the A-listed firms in town than
any other county that he has appeared before.
Mr. Book gave a brief history of his experience and talked about his
team (Rana Brown and Kelly Mallette) and how they began to represent cities and
counties over 30 years ago so they could have the same quality of
representation that the private sectors had.
Mr. Book
stated he has heard the questions related to Home Rule and preemption and what
everyone thinks the next year or two is going to look like. He suggested it is going to look like what it
has looked like the last three years and anybody who comes before the Commissioners
or anybody that comes before any governmental entity in this state and says the
assault on local government will not be just as significant, if not greater, in
the next two years is simply fooling themselves. Mr. Book discussed a host of issues over the
last several years that have continued to erode the County's Home Rule
authority.
Mr. Book
stated he heard the questions on Seminole County's local government land use
projects. That someone would go to the
Legislature and attempt to legislate around the local decisions they made as an
elected body, as constitutionally created and as a charter county, to get
around the Comp Plan and to rewrite the statute and attempt to take away that
authority is mind‑boggling to him.
Mr. Book reported that his firm has represented the Regional Planning
Council Association for the last 25‑plus years. He stated he knows what it is when people go
to the Capital and try to attempt to get around local land use amendments and
zoning. They may go there with an idea
that they are going to legislate a land use change, but it is really about
taking away not just the County's land use authority but the zoning authority
as well. Once the land use is there, the
County's limitations as to what they can and cannot do become comprised in a
significant way. That someone would come
into a community and say that 610 acres should be changed because 156 other
people other than the four people that represent the County in the Legislature
somehow are going to vote on it is foreign to him.
Mr. Book
reiterated that the assault on local government is unfortunately alive and
well. He stated he is proud that in the
100‑plus years of total firm experience, they have spent a significant
portion of it representing local governments like Seminole County. Mr. Book emphasized that his firm will never
appear before the Board representing any other client, whether it is land use, zoning,
or disaster management (which they are involved in extensively). He reiterated his firm will never appear in
front of the Board, will never call the County staff behind the scenes and
attempt to move something one side or the other. They will come here conflict free. Mr. Book discussed his firm's experience and
how his firm will represent the County in Tallahassee.
Commissioner
Constantine left the meeting at this time.
With
regard to the DJJ, Mr. Book advised that he was part of the negotiating group
on behalf of the counties that had the same DJJ problem several years ago and
helped to craft the solution that got adopted.
While he does not believe it was fair to the counties, he believes it
was certainly better than what was trying to be shoved down their throats by
members who are still in Tallahassee and don’t share the mutual respect for
what is or what is not a cost that should be borne by a county government.
Mr. Book
stated that every firm here today is a high quality, A-rated firm and explained
how every one of the firms has access to the leadership on both sides of the
aisle and the new administration. He
remarked that he believes you have to earn your wings every single day and
every single session. They don’t try to
live on yesterday’s victories. Mr. Book
stated they believe it is incredibly important to communicate with not only the
County’s staff but also with the Commissioners and talked about the reports
that his firm will provide.
Commissioner
Constantine re‑entered the meeting at this time.
Mr. Book
discussed his firm's approach and gave an example of a municipality wanting
eminent domain authority to condemn a piece of property to build a municipal
charter school. He gave an example of
the firm’s appropriations process. Mr.
Book talked about his 26 years of working with homelessness. He pointed out that Miami‑Dade County
is the only place in the United States that has a dedicated tax to fight
homelessness and explained how 25 years ago he went to the Florida Legislature
and passed a revenue stream, which has allowed Miami-Dade County to reduce
street homelessness. Mr. Book thanked
the Board for the opportunity to address them today.
Southern
Strategy Group of Orlando
The presentation
for Southern Strategy Group (SSG) was displayed and reviewed. Oscar Anderson addressed the Board and
thanked the Commissioners for the opportunity to address them today. Mr. Anderson stated his firm was very pleased
to be ranked first by the County staff, who they have worked with over the last
four years on issues. He pointed out
that they are not a law firm; they are just lobbyists. They have lawyers in their firm but none of
them practice law. They are dedicated to
the trade of lobbying. Mr. Anderson
pointed out that they are a bipartisan firm.
He stated that he and Kelly Cohen opened the Orlando office in 2015, and
she has been very involved in Democratic governance and politics. They are the Republican and Democratic team
locally.
Kelly
Cohen addressed the Board and reiterated that she and Mr. Anderson opened this
office 14 years ago. Ms. Cohen then described
Southern Strategy Group’s business model and advised they currently have
offices in Miami, Tampa, Orlando, Jacksonville, and Tallahassee. She mentioned that they serve on boards,
serve in their communities, and are working with the legislative delegation 365
days a year. She described how they
built a tactical team and how they looked for experts in each segment of
government.
Seth
McKeel addressed the Board to discuss Southern Strategy Group’s approach. Mr. McKeel stated he is the managing partner
of SSG’s Tampa Bay office and believes he is the only person who has presented
today who has served in local government and in state government and thus has a
unique perspective on the issues that come before the Board. He advised that he had the opportunity to
write the budget for the State for two years and that presented a unique set of
opportunities to meet with everyone who does what they do in state government.
Mr. McKeel
noted that SSG has a unique approach to how they deal with appropriations and
how they deal with policy. As was said
today, everyone here has access to the right people. His firm keeps a relationship matrix, which
is very important in their business, where they overlay the politics statewide
because an issue that comes before you that you deal with in state government
may be impacted by someone in Miami or it may be impacted by someone in the
Panhandle. His firm has the unique
ability to take that relationship matrix and overlay it over the issue that is
important and find the right policymaker who is going to make the decision and
get access to them.
Mr. McKeel
discussed the firm's appropriations process.
He talked about Sarasota County and how they spent a day with all of the
department heads listening to all of the issues and then boiled those up to a
list of priorities that would be appropriations priorities for the County. He explained that their important role in
that process is overlaying the politics and saying what is the Legislature
going to be focused on this year and how do they make sure that their
priorities that they need funding for are aligned with things that are
important. Mr. McKeel noted that it has
been said that water and water quality issues are going to be important because
of the issues in the campaign this year and because of the issues around the
state. That will probably attract some
attention and potentially some available revenue.
With
regard to policy, Mr. McKeel advised that their team is very involved with the
Florida Association of Counties. If
anyone thinks the issues that affect Home Rule and the issues that affect
preemption are not going to come back and rear their ugly heads, he thinks they
are kidding themselves. He believes they
will have to deal with them just as they have for the last few years, one by
one. They will get exemptions where they
can and really work together as a team to try and fight them. Mr. McKeel stated his firm has experience in
doing that and has been very successful.
Rachel
Cone addressed the Board to talk about Key Relationships. Ms. Cone stated she is the newest member of
the Southern Strategy Group team. She
stated one of their hiring models is to hire the best and brightest out of
state government, which allows them to build really deep and meaningful
relationships across government in both the executive branch and the
legislative branch. Ms. Cone talked
about her past work history at the Department of Transportation and as the
Deputy Chief of Staff for Governor Scott.
She stated that there has never been a more fun time in Tallahassee with
the transition coming and lots of new faces and new ideas. Ms. Cone reported that their team has been
very hard at work integrating into that process and getting to know the new
team members that are being announced both on the executive branch side and the
legislative branch side. She explained
that because their team comes out of the executive branch, their relationships
are not necessarily dependent on the top, the leadership at those
agencies. They know the bureau chiefs,
the division directors, and the processes in each of the agencies where they
focus. She advised that whatever comes
before the County and whatever problem that needs to be solved, there is likely
someone on their team that either knows the right person who can help and has
access to that person or understands the process enough to figure out a
solution for their clients. She talked
about how SSG works with the local delegation.
Mr.
Anderson reviewed some of the firm's successes.
He pointed out that SSG has been ranked either the first or second
lobbying firm in Tallahassee since they started doing the rankings. For the 2018 cycle, they have a culture of
accountability, whether it is their relationship matrix where they go through
and grade their relationships with everyone in government who might be a
decision maker or the appropriation requests where it is easy to see whether
they were successful or not (whether they made it into the process). He announced that last year his firm was
involved and helped facilitate about $250 million worth of projects for all of
their clients and they have about an 80% success rate internally on policy
issues and initiatives. One of those,
which they have talked about, was stopping the attack on the rural
boundary.
Mr.
Anderson stated they have been very proud to represent Seminole County and he
hopes they can continue to do that. He
described some of the firm’s successes.
They have 500-plus hours of governmental experience in their firm and
have been doing this a long time. They believe
they are the best at what they do and can get access to anybody. They believe they give the best advocacy and
the best advice.
Commissioner
Lockhart requested Mr. Anderson answer the question she previously asked the
other firms. As it relates to
representation, Mr. Anderson stated the firm has always precleared those
instances where they might have to lobby in front of a local government. There have been times when there have been
issues in neighboring local governments and the firm has gotten rid of them
because Seminole County is more important.
There are clients they have not taken on during that period of time
because of that. Mr. Anderson
acknowledged they do represent in front of local governments and they would
anticipate doing that unless there was a change in the policy.
Commissioner
Zembower confirmed with Mr. Anderson that his firm also represents land use
clients from time to time and asked what percentage would be municipality
versus private sector. Mr. Anderson
responded that in their local office, they do represent developers in front of
municipalities and added that it is a small percentage of what they do. He stated that his previous job was Chief of Staff
at the Department of Community Affairs, and he was very involved with a lot of
land use issues. As the growth
management laws have changed over time and it is very much just a local
decision, the land use lawyers dominate that space. Mr. Anderson stated it is a very small
percentage. Chairman Carey mentioned
that Southern Strategy Group also represents the Central Florida Expressway
Authority.
Mr. Hooper
explained that he has passed out to each Commissioner a ranking sheet and
requested that each Commissioner rank the five firms from one through five with
one being the top‑ranked firm and five being the least preferred
firm. He explained that he has an Excel
spreadsheet and will read each of the Commissioner's votes and their rankings
and they will populate the spreadsheet to see if they can get consensus on the
top‑ranked firm.
Discussion
Commissioner
Dallari stated there is no doubt that there are five really good firms
here. No matter which one they pick,
they will greatly serve not just the County but also the citizens of Seminole
County. He thinks there are a lot of
issues that need to be addressed up in Tallahassee and suggested the Board have
two representatives. He thinks they need
to have two state lobbyists up there to take a strong approach. It is not that just one cannot do it but they
need to have as many boots on the ground as they can up there because there are
a lot of big issues. They have heard from
a lot of individuals that the erosions of Home Rule and unfunded mandates are
growing. Commissioner Dallari reiterated
that he really believes that they should hire two state lobbyists.
Chairman
Carey reported that historically they have partnered with other firms when they
needed to. She thinks they still have to
take the approach that if they see there is an issue they believe that somebody
else (whether it be one of the short‑listed groups or someone else) might
have greater influence on, bringing in a specialist for special situations is a
great idea. At the same time, the
Chairman thinks that they would have one firm to be their primary
representative and call in other experts as they need them. Commissioner Carey pointed out that all of
the firms are highly successful and like all businesses, it is really about
relationships. That is where she thinks
it will be critical that if they see they need someone to birddog a particular
leadership group or person to get something else through, they hire the right
person to make sure that happens. She
explained why she likes to see firms that are 100% focused on lobbying.
Commissioner
Zembower concurred with the Chairman and advised that he believes they should
be considering experts who are experts in the field of what they are here about
today without other avenues in which they may focus their expertise. He stated he must communicate his concern as
a new member of this Board that they are actually discussing retaining a
lobbyist at the 23rd hour and why this was not taken care of earlier in the
year. They know the session is going to
kick off. Commissioner Zembower stated here
they sit at the 23rd hour, retaining a lobbyist and basically forced to make a
decision. He realizes staff has vetted
the process and now they are being asked to rank firms that pretty much have already
been ranked by staff. The Commissioner
suggested the Board needs to consider revisiting this lobbyist‑type
retention much earlier in the year and not at the last 23rd hour.
Chairman
Carey explained that some of that had to do with waiting for the new Board to
be seated. The current firm, Southern
Strategy, does have another option to renew; so if the Board couldn't come to
decision, that could be a decision. She
thinks they have continued to work with their current lobbyist through the
process. Everybody competing today has
been awaiting the process and any of them would be able to hit the ground
running.
Ms.
Guillet explained that normally they would have selected a lobbyist and in the
past, they have selected lobbying firms earlier in the year. There were several issues here. As the Chairman indicated, they wanted to
give the new seated Board the opportunity to make that choice. Ms. Guillet further explained that they were
also in the middle of trying to resolve the Rolling Hills/Jetta Point
issue. They had momentum going and were
being successful. They had the waiver
that they had to get through in the fall; so they thought it was important to
maintain continuity with respect to that issue.
Ms. Guillet noted that the rankings that staff did were simply for the
purposes of paring down the list and getting the firms to the Board so they
wouldn't have to listen to presentations from everybody. She pointed out that is the only reason for
those rankings and they weren't intended to represent a recommendation for
selection. Chairman Carey advised the
slate is clean as they start; that was just a short‑listing process.
Commissioner
Lockhart stated she echoes everyone's comments and explained why she thinks all
of these firms are incredibly capable. Her
experience at the School District was that they did have two firms. They had one that focused on appropriations
and one that focused on policy, and it was quite successful. The Commissioner noted there is a financial
implication to that. She added that she
is not sure when the federal lobbying was looked at. She does not know how much they utilize the
federal lobbyist and if they need them or if their resources would be better
allocated to have two firms in Florida and take a break in Washington for a
while.
Commissioner
Lockhart advised that this is the first opportunity that she and Commissioner
Zembower have even had to discuss different opportunities with the Board. Chairman Carey advised one of the things that
will happen at the end of this process is that they will be ranked one, two,
three, and so on; so they will have the top two ranked firms based on the vote
of this Commission. If the decision is
made that the Board wants to come back and look at that again and include the
Number 2 ranked firm at that time, they could do that. She has talked to the County Manager about
their federal lobbyist and that they probably need to be looking at that as
well. That will also be coming back to
the Board in the near future for discussion.
The Chairman pointed out that at the end of this voting process, the top
two firms will have been identified if they want to pursue that avenue.
Commissioner
Constantine stated that, as he has mentioned before, he feels very uncomfortable
with this process. The Commissioner
mentioned that he has worked with all five of these organizations intimately in
Tallahassee and talked about his views regarding the firms. It is important that they look at the
priorities they have and focus in on the group that will do the best job in
facing the challenges they will have this session. Commissioner Constantine explained why he
thinks every one of the firms can get the County the extra million dollars from
DJJ. He thinks every firm will be
working with their clients on homelessness and affordable housing. The challenge Seminole County has is, as Mr.
Setzer said, the elephant in the room.
They all know what it is. He
stated he did not ask the different firms their strategy because that would be
difficult, but he does want to know who is going to be able to change the
dynamic so the County feels comfortable they are not going to have to be
spending the type of hours and dollars they had to last year to protect the
will of the people of Seminole County.
Commissioner
Constantine advised that his decision is going to be based upon who he feels is
going to be able to stop this where they all know it is going to have to be
stopped and that is in the Senate. And
again, he thinks that all of them can do that; however, he has to look at the
relationships and who they have in the Senate and not just with the County's
own delegation but with the entire Senate because the fact of the matter is
that is where this decision is going to be made. The House is almost a guarantee that it will
pass something like this; therefore, he is simply saying that is what his
decision is going to be based upon.
Commissioner Constantine reiterated that he does not like this process
and wished they could change it and just have a dialogue and debate as to what
they think is the best one for this.
Chairman
Carey advised this is the process they are going to use today. The Chairman added that depending on what
they have "coming down the pike," they will hire the experts they
need to make sure the will of the citizens is protected on the Rural Boundary issue
and any other legislation that they see coming.
If they need experts in those fields, it is incumbent upon them to reach
out and make sure that they can get what they need.
With regard
to the second part of her question, Commissioner Lockhart stated she thinks she
heard one of firms mention that if the County's policy was changed to address
the issue of lobbying before the Board that that would change accordingly. She advised that is really one of her top
issues and pointed out there were only two firms out of the five that committed
to that. She wondered if that County
policy is something that this Board has ever considered changing. Chairman Carey responded that she does not know
that the County actually has a policy on that.
She believes that is something they could have for discussion; and if
they decided that they wanted that to be the policy of the Board, that that not
be allowed, then whoever their lobbyist is would have the opportunity to say, “I
don't want to work under those circumstances and therefore I am going to
terminate the relationship.”
Commissioner
Lockhart remarked that if the majority of the Board has that same concern, then
perhaps they should discuss that prior to selecting someone. Chairman Carey stated the conflict has not
caused a problem and since the time they have hired lobbyists in the County,
they have never had an issue on that particular issue. The conflicts are always cleared; and because
they have had mostly lobbyist firms and not legal teams for lobbyists, it is
greatly reduced.
Commissioner
Zembower stated he thinks what he heard is that they are here today to consider
their general lobbyist to handle the lobbying issues that have been laid forth
that are important to them and their citizens.
He noted he is hearing a heavy concentration on Home Rule and to him that
sounds like a whole different lobbying firm or a different decision. All of the firms that are here today, which
are all good firms, have concentrated a great deal on the Home Rule
charter. The Commissioner stated he has
sort of a dilemma as to whether it is better to hire two and whether it is
better to take one as a lead and one as secondary. He personally thinks it should be two firms
the Board is making a decision on. He
understands that previous Boards decided to do this in an RFP process versus an
RFQ. Commissioner Zembower advised that
he thinks consideration needs to be done and a candid conversation had with the
Board about changing the policy. He
thinks that is what Commissioner Lockhart is somewhat alluding to, how they
actually pick these lobbying firms.
Chairman
Carey reminded everyone that the process for this selection is the
process. The Chairman stated the
Commissioners have a choice of not selecting anyone and then they will start
the process all over. As she said
earlier, she thinks there is another year option on the current contract. If the Board chooses to just renew that
contract for a year, they could kick the can down the road if they want to,
have policy discussions in the beginning of the year, adopt a new policy before
summer, and go through this process again.
They could choose to rank the firms today and pick the top two, if they
want to select two. If the majority of
the Board wants to select two lobbyists, that is what they are going to
do. It will be up to the County Manager
then to figure out where she is going to go to get funding for that. All of the proposals had a price request in
them so it was an RFQ (Request for Qualifications) with a price proposal. Chairman Carey noted they are here in the
process today and they either need to conclude this one way or the other. They are either going to vote and rank these
or they are going to vote to renew the one‑year option or they are going
to vote to select none of these firm and "can" the process in which
case they won't have a lobbyist unless they continue the current contract that
they have. Those are the options.
Commissioner
Dallari explained that the reason he is pushing for two lobbyists instead of
waiting is because with the session right around the corner and committee weeks
fast approaching, whoever they do select needs to be selected quickly. That is why he is asking for the Board to
make a recommendation for two lobbyists.
That way when committee weeks start rolling, which is the first of the
year, they will have two groups of folks representing them. Chairman Carey advised that she doesn't have
an issue with selecting two but noted that one is going to need to be the
primary and is one going to need to be the secondary. The assignments may just be different
depending on the situation. They are
going to have to figure out how they would manage that internally from a staff
perspective to best serve the Board and the citizens.
Commissioner
Constantine stated he agrees with Commissioner Lockhart. He thinks that, number one, they should ask
these folks if they would have a problem with the concern that he has got. He has had a problem with it when people came
to him that were representing the County and representing somebody else. He disagrees when the Chairman says they
haven't had a problem; he has had a problem with that. Commissioner Constantine added that more
importantly, he thinks the Board should take this a step further. He thinks, as they have discussed during campaigns
and other things, they should register lobbyists and make sure they are
registering lobbyists so the County knows who they are representing. He thinks a lot of other counties in the area
have that. He stated he is just throwing
that out for the Commission to consider and requested that staff look into that
because he does believe that is something that is important. Commissioner Constantine stated if their
lobbyists are going to have a problem with that, he thinks it is important to
know. Next year may be a total different
set of circumstances. But this year, if
he understands what they went through earlier this year and what the two new
Commissioners went through during the campaign, they know what the major issue
is; and that decision is going to be in the Senate. The fact of the matter is the folks they have
here can do the job; the question is which one of them will have the ability to
do it so they will not have to come back again and again and again. He thinks this is the time to talk about all
things lobbying.
Chairman
Carey noted they have had a lot of policy discussion about policy things that
they may or may not want to talk about in the future. The Chairman asked for a show of hands as to
who would like to make that a requirement and have the five firms that are
presenting today be asked by the Contract folks if they are willing to make
that commitment here today. She asked
how many of the Commissioners want to know that information prior to their vote
and announced that a majority of the Commissioners raised their hands. She then asked the Commissioners how many of
them believe that hiring two lobbyists for this year is more important than
just hiring a single lobbyist and announced that a majority of the
Commissioners support hiring two lobbyists raised their hands.
Chairman
Carey advised that they are going to take a short break and Mr. Hooper is going
to ask the five firms the Board's questions and come back and report to the
Board. They will then rank the firms one
through five and the top two firms will be the ones they will enter into
negotiations with to select two firms.
Mr. Hooper asked if he can get permission from the Board regarding the
second item that was brought up on the two agreements. The first firm, the primary firm, would be on
the fixed fee schedule that was advertised in the solicitation package and the
Board could give him the authorization on the second firm to restructure the
contract where it will be time and material based upon an hourly rate.
Chairman
Carey pointed out that everybody provided a fixed fee. She thinks because of this, the assignments
are what is going to dictate how they are going to pay for this. Commissioner Zembower agreed. Chairman Carey stated if everyone cannot
agree to that, under this circumstance their fee would be based on some type of
man‑hour allocation. With regard
to the two firms, the Board will select them and then Mr. Hooper will negotiate
with them how this is going to work depending on assignments. Ms. Guillet stated they sort of have that
system now where they have two different firms they are working with that are
both on retainer. They have had the
opportunity to go to the firm that might have the more specialized
expertise. Ms. Guillet stated her
recommendation is if the Board is going to choose two firms, they should put
them both on retainer and allow staff to work with them through the
process. Chairman Carey added staff will
work through the process on how they are going to pay them. The Chairman confirmed with the Commissioners
that everyone is clear on what they are going to do.
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Chairman
Carey recessed the meeting at 12:30 p.m., reconvening it at 12:35 p.m.
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With
regard to the lobbyist issue and whether it is pertinent to just the
Commissioners' business or if it is pertinent to the County's business, Mr.
Hooper gave an example of a construction contract that was out on the street
where one of these firms represented a surety that was lobbying the County to
change its bid document on the bond. Mr.
Hooper asked whether that would be a conflict of interest as far as doing business
with the County. Mr. Applegate noted
that he has listened to all of the presentations. He stated he thinks on some of those
questions, Mr. Hooper would have to come to Mr. Applegate's office. On occasion where there is a lobbyist or a
law firm representing the County on another matter, he would get a call from
either the lobbyist or the attorney saying that they have "x" and is
that going to be a conflict. Mr.
Applegate advised there are times when he will say absolutely that is a
conflict. There are other times whereby
he and the Board feel there is not a conflict.
On those kinds of cases where there is a two‑degree separation,
that is something that would be easy to address.
Chairman
Carey stated in theory the issue that she is hearing is where their lobbyist is
actually coming to the County Commission offices to lobby the Commissioners to
support a development project, which nine times out of ten is most of what she
hears. Commissioner Lockhart added they
sometimes come to sell something. Mr.
Hooper remarked that it is directly to the Commissioners as far as doing business. Chairman Carey stated that when there is a
situation where they need to have the best and brightest on it, they hire the
best and brightest. They hire one of
these law firms on a regular basis to help the County to make sure they are in
the best position to represent the people of Seminole County. Chairman Carey stated she thinks the concern
she heard from the Commission is that they don't want to be lobbied by the
County's lobbyist for anything else. She
suggested that is the question; are they willing to not come lobby the Commission
on other matters if they are the County's lobbyist.
Mr.
Applegate referred to eminent domain and pointed out that there has never been
a problem with someone working for the County and having a member of their firm
represent a property owner on eminent domain because that is usually never
before this Board. Mr. Hooper suggested
if the Chairman would give him a few minutes, he will go out in the lobby and
try and get responses from each of the firms.
Chairman Carey asked each of the firms if they have a question that has
not been cleared up. Mr. Carmody asked the
Chairman for clarification regarding when they say “member of the lobbyist,”
are they saying no other people in that firm.
Chairman Carey responded not the firm but rather the lobbyists
themselves. Commissioner Lockhart stated
she has had an experience where they have had hired a lobbying firm and they
have one primary point of contact as their lobbyist and then an appointment is
set by someone else in that firm to go and lobby someone else, whether it be
the superintendent or a board member at the school district. She feels at times the relationship is taken
advantage of; so to her it is not just about standing at the podium and
lobbying or that specific individual coming but the relationship with a
firm.
For
clarity, Chairman Carey gave an example with GrayRobinson being the County's
lobbyist. She noted that the Commissioners
don't want them to come lobby on other issues or selling anything. The Chairman pointed out that the County
hires them when they need their expertise.
In some of these firms, they have lawyers and then they have
lobbyists. What she thought she heard the
Commissioners say was they did not want to be lobbied by the people that are
their lobbyists; so for the law firms particularly, there is going to be some
interaction with that. She mentioned
that a Commissioner does not have to accept a meeting.
Mr.
Applegate referred back to the eminent domain example. When the County hires GrayRobinson to handle
a case because of their expertise, he does not see that necessarily as a
conflict. To him, a conflict is when a
lawyer for GrayRobinson would come before this Commission to represent a client
on land use or a contract matter; that is an issue. He advised that on many occasions he has said
to GrayRobinson and others that were representing the County in a legal matter
that even though they were technically representing the County in a case, they
could not have any involvement in some other matter. Ms. Guillet stated she thinks it is an issue
of advocacy versus being involved in a lawsuit and whether someone from the
firm is advocating for an issue. Chairman
Carey added “advocating for an issue or a product or an idea.”
Mr.
Applegate referred back to Mr. Hooper's example of the surety three degrees
down the road and advised that normally is not a problem because they are not
going to come before this Board more than likely.
Chairman
Carey stated what she thinks she is hearing from her colleagues is if you are
the lobbyist for the County, they don't want to see or hear from you as a
representative for a land development or for purchasing a product or for a
company that is being hired by this County.
She asked whether that is really the crux of it. Mr. Hooper noted they have a lobbying
provision in their contract and asked for permission to work with the County
Attorney's Office to craft language that is appropriate to address those two
particular issues; and then, unless he has some kind of conflict out in the
lobby from the firms, they will agree to it.
Mr. Hooper stated he thinks that is the best approach. Chairman Carey advised that once the firms are
ranked, it gives Mr. Hooper the ability to negotiate with top-ranked
firms. If they are going to hire two, he
will negotiate with one and two; and if one of them falls out because they
don't want to agree to this, then Number 3 comes into play. She mentioned the importance of ranking and
pointed out that if Number 1 or Number 2 falls out, then Number 3 or Number 4
potentially could come into play to hire two firms.
Chairman
Carey announced they are going to pause this item and move to the Financial Advisor
report. She noted that she has asked the
Financial Advisor to cut to the chase with his recommendations. There was a conference call on Thursday with
the Clerk and others to discuss what the recommendations were and the Financial
Advisor did come back with one recommended change from that conversation.
COUNTY
INVESTMENT ADVISOR REPORT
Scott
McIntyre, Managing Director and Senior Portfolio Manager for First Southwest
Asset Management, addressed the Board to present his Investment Advisor’s Report
for December 11, 2018 (copy received and filed). Mr. McIntyre pointed out that on the front
page of his report is his email address and telephone number. He advised if any of the Commissioners would
like to get in contact with him for any additional questions they have or any
additional information they need to please contact him. Mr. McIntyre stated he is going to skip the
economic data in his presentation but did point out that interest rates are a
little lower than the last time they met.
Recommendations
Mr.
McIntyre reviewed the Recommendations on page 10 of his report and advised they
are recommending a little less in the number of purchases of the Treasury
Notes. There are two Treasury Notes that
will help build out the ladder. They are
trying to diversify the portfolio not only going into Treasuries with full
faith and credit but also to try and diversify along the maturity line.
Mr.
McIntyre recommended a $10 million purchase of a Treasury Note to April 2020
with a yield of 2.75% and a $5 million purchase of a Treasury Note to May 2020
with a yield of 2.75%. He recommended
putting more money into the Florida Education Investment Trust Fund
(FEITF). He stated the FEITF is offering
a significant yield level over and above government treasuries. Part of that is because they invest in somewhat
riskier securities within the underlying portfolio. They feel that picking up a yield of 2.91%
out to September of next year is a very good level. It is almost 30 basis points above the
comparable Treasury.
Mr.
McIntyre addressed future maturities and pointed out that on December 24 there
is a FEITF investment that comes due of $10 million. He is recommending they go out nine months on
that. They don’t know what the yield
will be at the time but right now it seems to be 2.91%. With regard to a Fidelity Bank CD for $2
million that matures on January 16, 2019, he suggests they allow that to mature
and the proceeds be transferred into a local government investment pool.
Mr.
McIntyre advised that at the next BCC meeting that he will be present, he will
discuss another FEITF investment that matures on January 24, 2019, and a $10
million Treasure Note that matures at the end of January. He stated that a lot of the maturity ladder
that was structured “back when” is starting to mature again so there is the
opportunity to either roll them over or use the proceeds to invest. Mr. McIntyre stated he would also like to get
approval for any tax deposits received between meetings to be deposited in
equal increments into the Qualified Public Depository Bank accounts that have
been set up by the Clerk’s Office until investment decisions can be made.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, 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, 4, and 5 voted AYE.
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Chairman
Carey announced they will not get into the Legislative Update that is on the
agenda for the afternoon session. They
have all seen Ms. Lung’s draft (copy received and filed) and the Chairman
believes Ms. Lung needs to spend some time with whoever is selected as the
County’s lobbyist. The Legislative
Update presentation will be made at the first meeting in January. She suggested that if any of the
Commissioners want to be briefed prior to that, contact Ms. Guillet. The Legislative Delegation is coming on the
18th. The Chairman stated she
will welcome them and present to them the County’s draft list. The list is similar to last year’s because
those are items that are continuing to percolate to the top.
CONTINUATION
OF REGULAR AGENDA ITEM #43
Chairman
Carey asked if Mr. Hooper is about to wrap up the conversation occurring out in
the lobby. Mr. Applegate replied that
Mr. Hooper is talking to them about the compensation issue. Mr. Applegate stated he told Mr. Hooper that
his impression regarding whoever is hired is that a member of their firm cannot
come before the Board or County staff to represent a client in this Commission
Chambers or outside the Commission Chambers.
There may be on occasion some real exception, but that is something they
can address down the road. Chairman
Carey advised that whatever legal language is crafted, the people that are
competing for this will have the opportunity to reject and say we can’t afford
to do that and we don’t want to do that.
If and when new policies are created regarding lobbyists (whether it be
written into a policy, whether they decide they want to register lobbyists, or
whatever it happens to be that the Board decides in the future), it would be a
business decision for those firms. The
Board’s ranking will be important because they may not end up with Number 1 and
Number 2 as people that will actually negotiate a contract and actually sign
it. Commissioner Zembower agreed with
the Chairman.
Mr. Hooper
stated they have consensus that they will come up with the draft language on
the lobbyist prohibition. He noted that GrayRobinson
would like to have clarification on where they would still engage the potential
lobbyist issue but they would come to the County to request permission to go
forward. Mr. Applegate stated his
understanding from the Board’s discussion is that if you are retained as the
lobbyist, a member of your firm cannot come before this Commission or County
staff to represent any clients. Chairman
Carey stated it would not prevent the County hiring the firm if the County
needed their expertise for legal representation. The Chairman pointed out that if a firm is in
the top ranking and they want to reject the language when they actually see it
written, that would be the firm’s choice.
With
regard to compensation, Mr. Hooper stated none of the firms do hourly rates so
the County will do a negotiated fee for the task associated for the work. Chairman Carey confirmed they would use the
numbers that were submitted in the proposals.
Ms. Guillet clarified that Mr. Hooper is saying the County would
negotiate a fee every time they needed to use the secondary firm. She stated her recommendation is that they
put both firms on retainer. Chairman
Carey and Commissioner Zembower agreed.
Mr. Hooper stated they will come up with a budget for the second
contract.
Chairman
Carey clarified that all of the firms are willing to at least consider looking
at the language and requested that the Commissioners rank the firms one through
five with one being the top-ranked firm.
The Commissioners submitted their ranking sheets (received and filed)
and Mr. Hopper announced the results (spreadsheet received and filed) as
follows: Ranked first is Southern
Strategy Group of Orlando; ranked second is Ronald L. Book, PA; ranked third is
GrayRobinson, PA; ranked fourth is Dean Mead; and ranked fifth is Florida
Alliance Consulting, LLC.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to accept the Commissioners’ ranking for
RFP-603224-18/BJC, State Legislative and Governmental Lobbying Services; and
authorize the Purchasing and Contracts Division to negotiate and execute the
Agreements with the first and second ranked firms, which are Southern Strategy
Group of Orlando (ranked 1st) and Ronald L. Book, PA (ranked 2nd).
Districts 1,
2, 3, 4, and 5 voted AYE.
Ms.
Guillet asked if the Board is comfortable with staff working with the two firms
once the contracts are resolved to determine who will take the lead on what
issue. Chairman Carey stated what she
heard today was the County may need all the horsepower they can get. She also heard that both firms should be put
on retainer; and if they need to double team or assign them to different people
based on relationships, they should do whatever they need to do to make this as
strong a team as possible. She thinks
that is what the intent of the Board is.
Ms. Guillet stated she would like to meet with the two firms jointly and
determine who has what strength so staff will know moving forward.
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Chairman
Carey recessed the meeting at 12:57 p.m.,
reconvening
at 1:30 p.m. with all
Commissioners and all other Officials, with the exception of Clerk and
Comptroller Grant Maloy, and Deputy
Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were
present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
-------
Chairman Carey and Commissioners Dallari,
Constantine, Lockhart, and Zembower submitted their ex parte communications
into the record (received and filed).
PUBLIC HEARINGS
County
Manager Nicole Guillet advised staff has elected to pull Item #44 in regard to
a Public Nuisance. She noted they are
making positive progress on it, however, and it may be brought back at a later
date. In addition, staff will be
requesting a continuance for Item #47, Crescent Boulevard Right-Of-Way Vacate.
NUISANCE
ABATEMENT/
160 E. 2nd
Street, Chuluota
Agenda Item
#44 – 2018-1036 – Pulled from the Agenda
OXFORD PLACE
OVERLAY DISTRICT
TEXT AMENDMENTS
Agenda
Item #45 - 2018-0039
Proof of
publication calling for a public hearing to consider approval of Text
Amendments to the Comprehensive Plan and the Land Development Code to create
the Oxford Road Overlay District for properties generally located in the
southeast quadrant of the U.S. 17-92 and SR 436 intersection, received and
filed.
Bill Wharton, Planning & Development Division, addressed the
Board to present the request. He
explained the first ordinance is to the Comprehensive Plan and it is what
creates the overlay district itself. It
also sets the boundary for the overlay district, outlines the general uses, and
identifies the density and intensity.
The second ordinance is to the Land Development Code itself for the
zoning aspect of it. This covers things
like the application review process, permitted uses, special exception uses,
prohibited uses, setbacks, building design, parking and other issues. The P&Z Commission recommended approval
and the BCC approved transmittal of the Comp Plan Amendment to the reviewing
agencies, and no objections were received.
Mr. Wharton advised that changes were made to the Land
Development Code section after the transmittal hearing based on comments at the
hearing itself and there were some additional edits by staff. He reviewed those changes as outlined in the
agenda memorandum. Upon inquiry by
Commissioner Dallari, Mr. Wharton explained the confusion was that
drive-through restaurants were allowed under the Conditional Uses, but were
also listed under Prohibited Uses. So
they deleted that condition under Prohibited Uses. Chawould need to get a Conditional Use
allowance, not just those on the perimeter.
Mr. Wharton stated some of the issues that were brought up were
things such as allowing 5G antennas and dark sky lighting.
He said this is something
that staff is going to look at for this district and maybe establish it
countywide. Other things they looked at
were allowing umbrellas, heaters and those types of things for outside seating. He noted they are more of an ancillary use
and will be allowed along with the regular use of the property. Another point that was brought up was valet
parking. He said that would be something
to be addressed at Site Plan. He noted
they also talked with Casselberry staff who looked it over and provided
comments.
Commissioner Dallari stated that in his briefing, Mr. Wharton
talked about some of the buffers along 17-92, in particular the big flyover
bridge right there. Mr. Wharton stated
that usually buffers are for screening and that is not what they wanted to do
here; they wanted to have some type of uniform look and still provide shade, if
there are no power lines or utilities, but give visibility to whatever
businesses are there. Commissioner
Dallari asked about his recommendations.
Mr. Wharton advised where there are overhead utility lines, they
recommend five understory trees with 100 feet of separation, five shrubs at 100
feet of separation, and a three-foot high continuous hedge. With no overhead utilities, they could go to
five canopy trees per 100 feet with the five shrubs and the continuous hedge
which would still give visibility back into the property.
Commissioner Constantine stated there is a water tower in Fern
Park that is unincorporated but it is owned by Casselberry and it is being used
as a cell tower. The water tower is
getting unsightly with rust and it is something you can see from Oxford as you
are driving in. Verizon is going to
replace it with a cell tower. Once that
is done, Casselberry will reimburse Verizon for tearing down the water
tower. He wants to see if they can work
with Casselberry to have it taken down as soon as possible and to have it look
as nice as possible. Chairman Carey
noted the County Manager can talk to the City Manager to see what they can do
to make sure it is visibly pleasing.
Diana Marsden, 617 Prairie Lake Drive, addressed the Board to
ask if staff has done anything about the traffic impact this particular overlay
system is going to have on Prairie Lake Drive and the lake itself. She would like this development to happen,
but she does not want it to impact when people cut through from Oxford over to
Prairie Lake Drive. She does not want
the traffic to increase on the road she lives on, and she does not want the
runoff to make the lake dirtier than it already is. She wants to know if anything has been done
to research that or to help deter it.
She noted they have speed bumps and it is still a cut-through. She suggested putting a roundabout in.
Mr. Wharton indicated a full traffic study was looked at during
the 2014 redevelopment study that did not show any adverse effects. As each development itself comes in, they
will be required to do a traffic study so they can see what those impacts would
be on the roadway. They will require
that they are cumulative as well, so they will not just look at one piece but
at the entire development for the area.
Chairman Carey remarked that Ms. Marsden had some concerns at
the last meeting regarding stormwater runoff, trash, and those kinds of things
in her neighborhood. She thinks the
direction was for staff to go back and look at that situation to see what they
could do to improve some of those things.
Commissioner Dallari said it is difficult to do now because they haven’t
gotten the commitment yet from the developer as to what extent he is developing
the piece of property. Mr. Wharton
advised they have minimums and maximums that they will need to meet. Commissioner Dallari stated there are
minimums but not maximums; however, Mr. Wharton explained there are also
maximums. Commissioner Dallari stated
they do have information from a stormwater perspective and asked Mr. Jreij to
speak to that. He added there is quite a
bit of money being put into this for stormwater.
Public
Works Director Jean Jreij addressed the Board to explain that as a part of the
Oxford Road improvement, they are providing a storage drainage system on-site
consisting of five ponds and 85% will be impervious to accommodate for Mr.
Birdoff’s Jai Alai development.
Commissioner Dallari noted there was some flooding of the residential
neighborhoods to the south; the water all flows north in that area. He said they had asked for some of that to be
looked at. Chairman Carey noted it is
over in Prairie Lake, west of 17-92. Mr.
Jreij stated they have not looked into that but can do so and report back.
Chairman
Carey expressed that it was a request at the last meeting that somebody look at
the situation that Ms. Marsden had outlined in her public comments. She asked that Mr. Jreij have someone look at
that specifically and then get back to the Board on it. Mr. Jreij noted the development they are
doing at Oxford does not send any additional water to that area. Commissioner Dallari wondered if the
stormwater design has been completed.
Mr. Jreij replied it has been for Oxford Road and Mr. Birdoff’s
development. Chairman Carey said then it
will improve the situation that has historically been there on that site and on
Oxford Road, and then they will go back and look at the impacts to the
surrounding areas.
Commissioner Dallari addressed the County Manager asking what
the best way would be to articulate to staff about the stormwater problems in
the surrounding neighborhoods. Ms.
Guillet replied that they could have him get together with staff to share
specifically what his issues and concerns are and in what specific areas. They can look at that separately from this
project. She said this project will have
to mitigate its own stormwater, but if there are existing deficiencies that
Commissioner Dallari could help them identify, they would be happy to look at
them.
Ms. Marsden stated they are going to extend Oxford Road and
bring it out to 17-92 by Lowe’s where the red light is and she lives at that
red light basically. Her concern is that
people are going to start cutting through from Oxford to Prairie Lake more so
than they do now in order to avoid that intersection of 17-92 and 436. She opined it will impact their lifestyle on
Prairie Lake Drive and the lake itself.
There will be a lot more traffic and more traffic means pollution and
sediment. As they are waiting at the red
light on Prairie Lake Drive, all that sediment is hitting the ground and when
the rain comes, since they don’t have any baffle boxes in their culverts, it
just goes right into the lake. Chairman
Carey stated Prairie Lake is an old subdivision and the design of the drainage
system there is not what they do today.
She asked if staff can look at whether there will be any impacts to the
surrounding areas, not just Prairie Lake but all the way around this
development.
Commissioner Constantine expressed this has been traditionally a
cut-through for a long time, which is why they have speed bumps. Chairman Carey asked Mr. Jreij to talk with
Ms. Marsden and find out her specific concerns.
Sharmon Craft, 517 Prairie Lake Drive, addressed the Board
stating she is raising third generation Prairie Lake residents. Her parents still live on the lake as
well. She said it has always been a
cut-through from Maitland Avenue down Ballard to South Street and out Prairie
Lake Drive. If that road is connected to
Oxford, there will be more of a reason to cut through because right now if you
cut through, you get to Lowe’s and only have the option of going left. However, traffic is so backed up on 17-92
that they really aren’t saving that much time.
But if they can cut through right to Oxford, everybody will do that
because you can just sail right across by Lowe’s. She stated they have a tiny two-lane street
and it cannot handle the runoff. Cars
fly over the speed bumps and when it rains, water can be sent up to people’s
front doors. She feels there will be a
line of cars backed up on their road at rush hour.
Chairman Carey advised they can have staff look at the issue
with the speed bumps and drainage and they can also ask the Sheriff’s
Department to do some law enforcement out there. She noted they will follow up on both of
those things. Ms. Craft added that more
importantly is the issue with Prairie Lake; it has gotten increasingly more
polluted over the years.
Commissioner Dallari suggested they ask staff to look at most of
the Prairie Lake Subdivision, not just that one road but the areas that are
actually feeding to that road in connection with the stormwater. Commissioner Zembower added it would be good
to coordinate with the City of Altamonte Springs because a great deal of this
traffic comes through Altamonte Springs (back and forth) over to Maitland
Avenue and down to Maitland Boulevard.
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.
Commissioner Lockhart commented she is grateful to the community
for giving input and asked that they continue to do so. She said this is just an overlay at this
point, so she thinks they will be able to work through a lot of the details and
concerns in the next step.
Motion by Commissioner Lockhart, seconded
by Commissioner Dallari, to approve and authorize the Chairman to execute
Ordinance #2018-48 enacting a Large Scale Comprehensive Plan Text Amendment to
create the Oxford Place Overlay District, and the associated Ordinance #2018-49
enacting the Oxford Road Overlay District in the Land Development Code of
Seminole County, for properties generally located in the southeast quadrant of
the U.S. 17-92 and SR 436 intersection, as described in the proof of
publication.
Commissioner
Dallari clarified they talked about addressing some of the buffers along 17-92
and 436 and instructed staff to address the traffic and stormwater concerns
that were discussed by the citizens today.
Districts 1, 2, 3, 4, and 5 voted AYE.
LAKE MARIETTA
ESTATES LSFLU
MAP
AMENDMENT AND PD REZONE
Agenda
Item #46 – 2018-0015
Proof of publication calling for a public hearing to consider a
request for a Large Scale Future Land Use Map Amendment from Suburban Estates
to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned
Development) for a 29-lot, single-family residential subdivision on
approximately 20.96 acres, located east of the Markham Woods Road and Michigan
Street intersection, Thomas Daly, received and filed.
Danalee Petyk, Planning & Development Division, addressed
the Board and reviewed the request as outlined in the agenda memorandum. She discussed density, lot size, and
buffers. The Planning and Zoning
Commission recommended denial and on June 12, the BCC voted 3 to 2 to transmit
the request to state and local review agencies who provided no objections. Staff recommends approval. Per Chairman Carey’s request, Ms. Petyk
redisplayed a map from the backup and pointed out the densities surrounding the
subject property.
Upon inquiry by Commissioner Lockhart, Chairman Carey noted that
Heathrow has access onto Markham Woods Road and all of Heathrow can exit onto
Markham Woods Road if they had to. She
added Heathrow spans from Lake Mary Boulevard all the way back to Markham Road
and from Markham Woods Road to the interstate, which is about 1,500 acres. Commissioner Zembower asked if the Westover
PD is part of the Heathrow DRI and Ms. Petyk responded that it is part of Heathrow
South. He asked the same question about
Hanover and she advised that it is not; that is a separate subdivision. Upon further inquiry, Ms. Guillet advised
Markham Woods Road is a policy-constrained road. Chairman Carey noted it was constrained by
the County Commission because they did not want to widen the road. They wanted it to remain having a rural feel
with a lot of trees. She explained how
they ended up with the left-turn lanes to keep the tree canopy.
Tom Daly, Daly Design Group, addressed the Board on behalf of
Pulte Homes, the contract purchaser of the property. He displayed a presentation (received and
filed) and said the site is sandwiched in between Heathrow, which is four units
an acre on the north and east, two schools on the western portion, and some
one-acre lots along Michigan Street. He
added Michigan Street is the only access to this particular property. It lies within the Wekiva Study Area and is all
relative to protection of sinkhole features, environmental features, but has no
direction or language relative to the densities, intensities, land uses or
anything like that. This is different
from the Wekiva Protection Area, the Lake Sylvan Transition Area and the
Markham Road Scenic Corridor. He
displayed a map showing the developments that have been approved over the years
and then reviewed those lot sizes because he said it was difficult for them to
go back and evaluate density.
Commissioner Constantine stated it was his understanding that
not the first time when they voted 3 to 2 to send it to the DEO, but the second
time Mr. Daly had asked for a postponement, it was because they were going to
go back and talk to the citizens about maybe changing their plan. Mr. Daly responded that was not the case and
explained when the Board sent this to the DEO, they had agreed at that hearing
to do some additional studies. They have
done a lot of survey work and a lot of arborist work along the buffer with
Heathrow, but it was not necessarily a commitment or why they are here today. What they agreed to was that the lots on the
north shore of Lake Marietta would be half-acre lots; they were originally
designed to be 80 to 90-foot-wide lots, so they doubled the size for those on
the lake. Mr. Daly then displayed the
Site Plan stating it is gross 20 acres and net 14 acres. He discussed the Heathrow buffer. He then stated there are no wetland impacts
or environmentally sensitive portions of this property and talked about the
precast concrete wall. He noted four
neighbors want to keep the existing chain link fence that is covered with
Jasmine vines which divides the property, so they are amenable to that. The remainder of the chain link fence would
be removed.
Commissioner
Dallari mentioned the precast wall was not included in the backup and Mr. Daly
responded it is the intent of the Heathrow buffer and that 11 different
conditions are identified in the Development Order. (Photos of the precast concrete wall not
received and filed.) Also they will be
putting swales in along the south side of Michigan in order to collect any
additional stormwater that is going through right now. They are proposing a sidewalk for the north
side that will take it to the intersection of Markham Woods Road. They have been meeting with County Engineers
about Markham Woods Road, and they have been trying to figure out how they help
alleviate the problem of stacking when the school drops off and picks up. It has a 50-foot right-of-way; Michigan
Street has a wider right-of-way than Markham Woods Road. So there is very little they can do but what
they are working on is to re-stripe the southbound and put a turn lane in. It looks like they have the room to do
that. This would be a southbound turn
lane into Michigan Street. He also met
with the School Board to try and see if they can get some stacking within the
School Board property. They have the
room to add two lanes which would solve a significant number of cars stacking
up. They met with the people on Michigan
and this is the solution they have come up with to save the trees on the south
side of the road and to lessen impacts relative to construction. They would bring in water and sewer lines
which is a requirement based on the density they are proposing.
A photo of Michigan Street showing the school and chain link
fence to the left side was displayed.
Mr. Daly noted the swales would go in on the right. The next photo showed the end of Michigan
Street where the current home has a gated entrance into it. He said it will be improved to County
standards but will not necessarily be per subdivision regulations; it will be a
blend between that and the existing conditions they have today.
The Lake Marietta Estates slide was displayed. Mr. Daly stated at their Planning and Zoning
Commission meeting, they got some comments from people that live in Summer Oaks
Estates across Lake Marietta, which is a one-acre lot subdivision. He explained the exhibit is to demonstrate
how far away the proposed homes would be from the homes on the other side of
the lake. He noted those residents
rejected the idea of meeting with them because they didn’t see the need. The final slide was then displayed showing
transition of densities and land uses.
Commissioner Zembower questioned how much green space they have
on this project outside of any retention area.
Mr. Daly replied the retention is 1.3 acres, the floodplain is about an
acre, and the buffer tracts equate to about a half-acre.
Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board and
stated he is representing the Heathrow Master Association. He said the people living around this
property would prefer to turn it down and leave it as an empty pasture, but
property owners do have rights to develop properties. He believes something will go in there and
because of that he spent a lot of time with Tom Daly and Chris Cleary from
Pulte trying to figure out what they could do that would give the best protection
possible to the properties around it. He
said they finally agreed on a 25-foot buffer and almost all the trees there are
healthy and can remain. He talked about
the proposed wall and the retention pond.
He noted it would be nice if the parents would put their kids on the
buses so they don’t have to drive them causing congestion on Markham Woods
Road. He concluded by saying he supports
this and the Heathrow Master Association does also.
Martin Alpert, 792 Reserve Terrace, addressed the Board saying
his property borders the proposed property.
He expressed his concern that he and many of his neighbors have not been
talked to by any developer. In regard to
the wall, some people from the HOA went to one foundry and they were given a
few samples. They said they picked the
best of the worst options for the wall.
He thinks the people that will be looking at the wall should have the
opportunity to be on a committee to choose the wall. He talked about the fence
with the Jasmine growing on it and said the construction needs to comply with Heathrow’s
hours which are 7:00 a.m. to 6:00 p.m. with no construction on Sundays.
Harry Ellis, 3481 Oak Knoll Point, addressed the Board and
stated he is representing Summer Oaks Estates.
He read the definition of a promise and said a promise was declared
across the Markham Woods corridor. He
noted a majority of these lots around that corridor is net one acre per
lot. The road constraints are not only
for greenery purposes but also to prevent the traffic flow. The promise is to keep this as it looks today. The elementary school is a non-walking school
so they only have two transportation options for their children, which are for
buses or driving. He said it is a shame
he lives less than 30 seconds from the school and he only has the option to
drive. He noted only two people talk
about supporting this project and they include the Heathrow HOA, because it
fixes their drainage issues, and the developer.
He expressed it is not a transitional property and would exit directly
onto Markham Woods Road which increases the traffic. It was designed for a 15-unit maximum
property. He said they expected
something to be built there but only at one acre per unit.
Rina Capps, 3474 Oak Knoll Point, addressed the Board saying she
is the president of the HOA but is speaking only for herself as a resident
today. She said if it is so important
for the Heathrow Master Association to be at every meeting, why didn’t they buy
the property? It would solve their
problem. The traffic impact is major
where they live; and since they are retired, they avoid the times when there is
school traffic because there are times when they cannot get out.
Marsha Powell, 5505 Markham Woods Road, addressed the Board
stating she and her husband have lived there for 33 years and raised two
children. They have lost several dogs as
a result of living on that road. The
traffic has gotten much worse, and it is kind of a throughway for people at the
south end to get to SR 46 without having to get on I-4. She said the current proposal is not serving
as a transition development as it is designed.
All the other developments have one-acre lots up and down Markham Woods
Road. She opined that 29 units on 14
acres is just outrageous in this area.
Robert Methuen, 3525 Michigan Street, addressed the Board to say
he is very concerned about the size of the proposed development and the impact
to Michigan Street. Putting residents at
this density is going to put potentially hundreds more cars on Michigan Street,
about five times the traffic that is on that street today. The sidewalk on Michigan Street goes to
Markham Woods Road but there is no sidewalk that continues down Markham Woods
and will not provide safety. Michigan
Street is a long straightaway and if you add that many cars, there will be some
speeding up and down that road putting little kids at risk. He opined if the proposed neighborhood was at
14 lots for that acreage, he would not have an issue.
Nancy Ayers, 3477 Michigan Street, addressed the Board saying
her property is actually the four acres adjacent to the entrance of this
proposed project. She indicated that Mr.
Daly and Mr. Cleary from Pulte Homes did reach out to them to see what they
could do to accommodate them. However,
this will impact everyone on Michigan Street.
Each home on that road has one to four acres with values at and above
one million and they are proposing putting homes at the end at half a million
dollars, which will affect the value of their homes. She said the pictures they have presented
show her lot as empty but their house has been there now for four and one-half
years. Most of the neighbors don’t mind
going with the standards of one acre per lot which would mean 14 homes. She was told by various sources that if this
isn’t approved for the 29, they are going to do the 14 homes on that
property. When they met with Pulte, they
asked why they can’t go with the standard of 14 homes per lot. The response was that they cannot make the
money back with what the owners want to get from the property.
Susan Ghrist, 3430 Dawn Court, addressed the Board stating that
Dawn Court has 12 homes at one acre per size and she thinks they should keep it
that way because that is what they were promised. It adds ambiance to the Markham Woods Road
area and developers over the years have tried to come in and take advantage of
that. She is glad she does not live off
of Michigan Street and has to come out to make a left turn onto Markham Woods
Road. Just south of this is a pretty
pronounced curve and if you are sitting there, you have to be fast if a car is
coming. She believes if there is an
increase in people living back there, you will have an increase in bad
accidents.
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. Daly
stated he wanted to respond to Mr. Alpert.
They had a community meeting inviting all the adjacent folks that live
along the common property boundary but then they relied on the HOA to translate
information to the neighbors. The
process has not stopped but they did not purposely exclude Mr. Alpert in any of
the conversations. When you have 20 or so
residents, there are 20 or so opinions and different views of aesthetics, so
they have to rely upon the organization within Heathrow to decide how to best
move forward. If this moves forward, it
will be part of a final development plan and a lot of the details can be worked
out. They are more than willing to go
back and have another community meeting to go through the specifics of what
they are proposing.
Mr. Daly
stated the property is a quarter mile away from Markham Woods Road, but the
comments he is hearing are about the rural character of Markham Woods
Road. He asked if this property would be
damaged by having access to Markham Woods Road and how far away from Markham
Woods Road do they have to be in order to be able to not ruin the character of
that road. These are questions he cannot
answer because he was not there in the 80s or whenever these things were
discussed.
Mr. Daly
reiterated they are currently vested for 14 units. One-acre lots next to 80-foot wide lots are
not in his opinion a compatible use.
Their goal right now is to try to find out a way of reducing the density
and transitioning. The folks in Summer
Lake don’t live next to a bunch of 80-foot lots, but “they” do. He thinks this is a reasonable request and
County staff thinks it is a reasonable request.
He seeks the Board’s support.
Commissioner
Zembower said his earlier question was physically how much green space other
than retention and water is on this parcel.
Mr. Daly pointed it out on a photo from his presentation. Commissioner Zembower noted that the “lake”
is more of a wetland or small pond that can expand to lake size in rainy
seasons. Mr. Daly commented it is more
of a marsh that has open water.
Commissioner
Lockhart asked Mr. Daly to clarify the location of the wall, which he did. He explained the wall will jog in and around
the different clusters of trees. Ms.
Lockhart stated then that any resident of Cherry Ridge that has a chain link
fence that has greenery growing on it, they will be able to maintain that
regardless of the precast wall that is being installed. Chairman Carey talked about the benefit of
using the precast walls.
Commissioner
Lockhart stated she takes very seriously any promises made by a board that she
sits on and asked that staff inform her now if any were made because right now
she is being told that there are none separate from the fact that it is zoned
Suburban Estates. Chairman Carey
commented that prior boards can make promises but if they want to make it
concrete, they make it policy, just like Markham Woods Road being policy-constrained. They did not want that road to be widened;
their intent was very clear. And there
is nothing in the Land Development Code or Comp Plan. Their process has always been that every
property owner in this county has a right to come and make an application to
this Board to be considered.
Commissioner
Lockhart questioned if they kept it to 14 home sites whether they would still
be required to bring in sewer. Ms.
Hammock replied if they wanted to come in with a 14-lot subdivision, it would
depend upon how far away the infrastructure is for the water and sewer because
they do have distance requirements. If
they met those, then they would have to put in the water and sewer. Commissioner Lockhart then asked if they did
the 14 units whether they would be required to improve Michigan and put in the
sidewalk. Ms. Hammock advised if they
are required to go through the County’s subdivision process, then they would
have to meet their engineering standards.
Commissioner Lockhart asked about the traffic improvements and potential
stacking improvements with the School District.
Ms. Hammock responded it would depend on what off-site improvements
would be needed based on their traffic impact analysis. Mr. Daly added this project is small in
regard to traffic studies, so it is below the County’s threshold.
Mr. Daly
stated in regard to water and sewer, it is very expensive to bring that in, and
if it ended up where they would be doing a 14-lot subdivision, agriculturally
zoned, then it would be a huge burden on the landowner to bring that to the property
and would further affect the values.
Commissioner
Dallari asked what the maximum lot size is that you can get away with by
putting in septic. Ms. Hammock responded
that it depends if they are using a well or if they are using potable water,
but for both, it would be one acre.
Commissioner Dallari wondered what it would be for potable or regional
water, and Ms. Hammock stated she believes it is a half an acre for
septic. She added there are times the
Health Department in certain hardship situations will provide variances to
that. Commissioner Dallari stated he
voted “no” on this the last time and the reason he does not support it is
because Markham Woods Road is a tree-constrained road. Also, the subdivisions in and around this
area that connect to Markham Woods Road have a minimum lot size of one acre.
Chairman
Carey stated this transmitted to the State on a 3-2 vote of the County
Commission. She was one that supported
it because they have these odd little areas spread throughout the county and
you have to balance it between what surrounds it. There are four units per acre in Heathrow on
the north and east side regardless of whether Heathrow exits out onto Markham
Woods or not. The school is on the west
side and the developer agreed at the first meeting to put half-acre lots along
the lake as a buffer which is the reason she supported this. This is a transition area because of the fact
that it is locked between large lots and four units per acre. She thinks this is a reasonable request and a
reasonable project and believes it is a much better project than having 14
homes on well and septic tank.
Motion by Chairman
Carey, seconded by Commissioner Lockhart, to approve adoption of an Ordinance
enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to
Planned Development, and an associated Ordinance enacting a Rezone from A-1
(Agriculture) to PD (Planned Development), and approve the associated
Development Order and Master Development Plan for approximately 20.96 acres,
located east of the Markham Woods Road and Michigan Street intersection, Thomas
Daly, as described in the proof of publication.
Under
discussion, Commissioner Lockhart listed the options the Board has in voting on
this item. County Attorney Applegate
clarified the Board can approve or deny, continue, or approve with some
modifications; they cannot grant more than what was asked for however. Commissioner Dallari added that after
transmittal and return from the State, there are only so many days to approve
it. Chairman Carey advised it requires
action by January 17.
Commissioner
Constantine stated he does not know of any better policy than a zoning and a
land use ordinance, and that is what they have here. Everybody has the right to ask for anything,
but they do not have a guarantee to get it.
He opined this is not a transitional property in that definition. Heathrow has little, other than the wall,
play in this game. They do not have
direct access to this property; the people on Michigan and the people that go
directly into Markham Woods Road do.
Also, there is no guarantee that any developer that builds the 14 units
is going to use well and septic tank.
They can require water and sewer in that area, and they should because
that area is going, ultimately, right into the Wekiva River. The Planning and Zoning Commission voted
against it. He said he and Commissioner
Dallari voted against the transmittal.
He added the developer has every right to build what it is zoned for
today, the 14 units. He noted their own
study when they were doing River Cross suggested they have plenty of homes for
the near and distant future as far as residential zoning. Unless this is going to be something that is
going to improve the area demonstratively, he said he does not believe that
they should be upzoning simply because there is a request or there might be
economic constraint on the asking price of the property that the individual who
owns it now is asking. Commissioner
Constantine stated he will be voting against this and asked the members of the
Commission to vote against it.
Commissioner
Zembower stated he was not around when Heathrow came out of the ground, but he
recalls the uproar and the promises that have been eluded to that were conveyed
by a prior commission that this line and this road being constricted was the
mechanism that would limit the development along here. That obviously is not the case because from
what he is hearing from legal counsel, if those regulations or promises are
adopted, they need to be in writing. But
they do have a constricted roadway and a project that is asking to access this
restricted roadway and because of that, he will not be able to support this
project either.
Districts 4
and 5 voted AYE.
Commissioner
Dallari, Zembower and Constantine voted NAY.
Motion failed for lack of a majority
vote.
-------
Motion by Commissioner Zembower to deny
the item without prejudice. Chairman
Carey explained this means it could come back within the year; they would not
have to wait a year before they could reapply.
She twice called for a second to the motion without response, whereupon
the motion died for lack of same.
-------
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to deny adoption of an Ordinance enacting a
Large Scale Future Land Use Map Amendment from Suburban Estates to Planned
Development, and an associated Ordinance enacting a Rezone from A-1
(Agriculture) to PD (Planned Development), and the associated Development Order
and Master Development Plan for approximately 20.96 acres, located east of the
Markham Woods Road and Michigan Street intersection, Thomas Daly, as described
in the proof of publication.
District 1,
2, and 3 voted AYE.
Chairman
Carey and Commissioner Lockhart voted NAY.
Motion passes 3 to 2.
-------
Chairman
Carey recessed the meeting at 3:30 p.m., reconvening at 3:34 p.m.
CRESCENT
BOULEVARD RIGHT-OF-WAY VACATE
Agenda
Item #47 – 2018-1039
Proof of publication calling for a public hearing to consider a
request for a Resolution to vacate and abandon a portion of Crescent Boulevard
right-of-way as recorded in Plat Book 5, Page 88, of the Public Records of
Seminole County, Florida, located south of East 2nd Street and north
of East 4th Street, Sanford, received and filed.
Chairman Carey stated as the County Manager indicated earlier,
this item is being requested for continuance.
With regard to public participation, no one in the audience
spoke in support or in opposition to a continuance and public input was closed.
Written Public Comment Forms were received and filed.
Motion by
Commissioner Constantine, seconded by Commissioner Zembower, to continue to
January 22, 2019 at 1:30 p.m., or as soon thereafter as possible, the request
to approve a Resolution vacating and abandoning a portion of Crescent Boulevard
right-of-way as recorded in Plat Book 5, Page 88, of the Public Records of
Seminole County, Florida, located south of East 2nd Street and north
of East 4th Street, Sanford, as described in the proof of
publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
TRANSMITTAL OF CELERY POINTE LSFLU MAP
AMENDMENT AND PD REZONE/Nash Hooda
Agenda Item #48 – 2018-0043
Proof of
publication calling for a public hearing to consider transmittal of a Large
Scale Future Land Use Map Amendment from Suburban Estates to Low Density
Residential, and a Rezone from A-1 (Agriculture) to PD (Planned Development) on
31.85 acres, located on the north side of Celery Avenue, approximately one-half
mile west of Beardall Avenue, Nash Hooda, received and filed.
Ms. Petyk
reviewed the background as outlined in the agenda memorandum. She discussed the conditions in regard to
density allowed under the Seminole County/City of Sanford JPA and how this
project will meet those conditions. The
Planning and Zoning Commission recommended transmittal of the request. County staff also recommends transmission of
the proposal.
Steve
Coover, attorney on behalf of the Applicant, addressed the Board advising that
Kim Fischer, engineer, and Larry Dale, consultant, are also in attendance. He stated this is an appropriate request. They are touching all the bases on the
requirements to obtain the density they have asked for. There is a 75-foot building setback shown on
the Master Plan on the western boundary, so in addition to the required open
space boundary under the JPA, there would be a 75-foot buffer along the
development to the west. He believes it
is compatible because of the trend in the area and that they have gone above
and beyond to buffer and setback against the development. Mr. Dale addressed the Board to speak about
the history of the area.
Chairman
Carey mentioned they have two Public Comment Forms (received and filed) that
asked about the 25-foot buffer and the easement. She said as shown in the plan and as
presented by Mr. Coover, there is a 25-foot buffer on the west boundary and
then a 75-foot building setback adjacent to that. Basically there will be no buildings within
100 feet of the property line.
With regard
to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Chairman Carey, seconded by
Commissioner Zembower, to approve transmittal of a proposed Ordinance to enact
a Large Scale Future Land Use Map Amendment from Suburban Estates to Low
Density Residential, to State and regional review agencies, and subject to
final approval and adoption of the Large Scale Future Land Use Amendment
Ordinance, adopt the associated Ordinance enacting a Rezone from A-1
(Agriculture) to PD (Planned Development), and approve the associated
Development Order and Master Development Plan for approximately 31.85 acres,
located on the north side of Celery Avenue, approximately one-half mile west of
Beardall Avenue, Nash Hooda, Applicant, as described in the proof of
publication.
Commissioner
Zembower thanked the developers and owners of this parcel. He explained he was on the Planning and
Zoning Commission about two years ago when this was brought forward and they
recommended denial because it was not consistent and did not truly transition
or meet the Sanford JPA. He opined this
is an example of how the County can work with the cities to ultimately do the
right thing.
District 1,
2, 3, 4, and 5 voted AYE.
BALMY BEACH
MARKETPLACE SSFLU
MAP
AMENDMENT AND REZONE/Linda Kassof
Agenda
Item #49 – 2018-0053
Proof of publication calling for a public hearing to consider a
request for a Small Scale Future Land Use Map Amendment from Low Density
Residential to Planned Development for 4.93 acres and a Rezone from A-1
(Agriculture) and C-1 (Commercial) to Planned Development (PD) for 20.91 acres,
located on the southwest corner of the intersection of SR 436 and Balmy Beach
Drive, Linda Kassof, received and filed.
Kathy Hammel, Planning & Development Division, addressed the
Board and reviewed the request as outlined in the agenda memorandum. She advised the Applicant is proposing to
develop a portion of the property, 4.93 acres, as an assisted living facility
or a multifamily use. The remainder of
the project, which is currently in C-1 zoning classification, will retain those
uses allowed in C-1 in the requested PD zoning classification. The Applicant is proposing to plat this
property into five lots; two of the lots have already been developed into a
grocery store and a fuel station. The
multifamily would have a maximum of 300 units and the ALF would have a maximum
of 200 beds. The Applicant has changed
the maximum height of the buildings from 120 feet to 100 feet or 8 stories
based upon the recommendation of the Planning and Zoning Commission. She then talked about the surrounding areas
and a retaining wall.
Ms. Hammel stated there are operational and safety concerns that
were raised by staff, and at the Planning and Zoning hearing, there were also
concerns held by the community. The
Applicant agreed at the P&Z hearing to complete the Traffic Impact Analysis
(TIA) prior to the hearing. They met
with the Applicant, the owner and the engineers to discuss the TIA on December
6, and out of that meeting, staff agreed to several conditions to address these
issues.
Ms. Hammel
advised the P&Z Commission voted 3 to 1 to recommended approval with the
condition that the proposed building height not exceed 100 feet or 8
stories. County staff recommends
approval with the following changes and additions to the development
order. Under condition “E,” decrease the
maximum height from 120 feet to 100 feet or 8 stories. Recommended new conditions to the Development
Order include the provision of an internal roadway connection between Lot 5 and
the stormwater tract. In regard to
access points to the development, access shall be limited to a single, right-in
right-out onto SR 436 and three access points on Balmy Beach Drive. The three access points on Balmy Beach Drive
shall include a limited access right-in right-out and a left-in at the
northernmost intersection of the two full accesses. The full access is to be in line with
Colonial Shoppes Bear Lake Plaza to the east and a full access at Lake Border
Drive. The Applicant will be required to
construct a second northbound left-turn lane on Balmy Beach Drive at the
intersection of SR 436, and that is part of the site plan approval
process. The developer shall increase
the size of the inbound radius at the northernmost access along Balmy Beach
Drive per County standards, which is a 50-foot radius. Also, a signal-warrant analysis will be
required prior to engineering site plan approval and shall include one of the
three unsignalized intersections located on the west side of Balmy Beach Drive,
just south of SR 436. The analysis shall
include the combination of the Walmart development trips, it’s outparcels and
development trips, and existing and future development trips adjacent to Balmy
Beach Drive. The traffic impact analysis
will determine the appropriate driveway adjacent to the Walmart site suitable
for signalization. All developments
proposed within these parcels regardless of their size and land use shall
provide an update to the existing traffic study and an update to the preliminary
signal-warrant analysis. If and when a
signal is warranted, a full signal-warrant analysis report will be
required. If and when a signal is
warranted for one of the three unsignalized intersections along Balmy Beach
Drive, south of SR 436, the developer shall provide a pro rata share payment
constituting approximately 40% of the construction costs of the signal. The pro rata share does not include the cost
of the design of the signal. The
stipulations set forth in the Development Order shall be considered a condition
for this and all future site plan approvals within the county.
Ms. Hammel announced they received a Petition in opposition with
1,272 signatures (received and filed).
Kim McCann, partner and principal at ELEVEN 18 Architecture on
behalf of the Applicant, addressed the Board and noted that also in attendance
are Craig Govan with Tourist Investments, Jason Mahoney with NV5 Engineering,
and Ayman Saidi with Traffic & Mobility Consultants. An aerial photograph of the proposed site was
distributed (received and filed).
Ms. McCann stated they support all of the staff recommendations
including all of the public right-of-way improvements and traffic improvements
that were added. She pointed out the
proposed site on the aerial and said the reduction to a height of 100 feet reduces
the amount of multifamily units that would fit on the site from 300 to
224. The traffic consultant was engaged
after P&Z, and his traffic report and study is on 300 units, so he will
talk about the changes due to that reduction.
However, if the ALF is approved, that facility would still have the same
amount of beds within the 100-foot building height.
Ms. McCann noted that as staff advised, the proposed site is 22
feet below the Walmart pad site and 26 feet below the signalized intersection
of Balmy Beach and SR 436. They have an
existing 70-foot mature landscape buffer, a 24-foot existing access road that
will also be the access to this project.
From the edge of the property line of the retention pond to the closest
edge of the building, there is a 140-foot building setback. The closest resident is 316 feet from the
edge of that property to the corner of the building.
Ms. McCann
displayed site photos (received and filed) of the existing 22-foot retention
wall, the power-line easement that is part of this property, and the existing
70-foot mature tree buffer. In that
buffer, there will be some infill landscaping to create a more sustained buffer
with younger tree development since this buffer is aging and had been affected
by the hurricanes. Commissioner Dallari
questioned how they would infill when there are very tall trees on either
side. Ms. McCann replied they will plant
different landscape species that would allow a filtering in that area where
some of the larger trees are missing.
Also, there is an eight-foot masonry wall that is between the two
properties.
Ayman
Saidi, traffic engineer with Traffic & Mobility Consultants, addressed the
Board saying they did the traffic study for the site. He noted he will summarize the issues they
faced as a result of doing the traffic study.
Mr. Saidi
advised the total traffic generated by the project is about 3,300 daily trips,
and approximately half of that is generated by the apartments. When they dropped from 300 to 224 units as a
result of the building height restriction, the apartment traffic reduces by
about 25%, from 1,600 to about 1,200 trips.
The outcome of the traffic study is summarized in two main issues. The first issue relates to the queueing on
the northbound approach of the intersection of Balmy Beach and SR 436. The existing situation shows a backup of
traffic that goes down almost to the next entrance of the Balmy Beach shopping
center, and that is in viewing the p.m. peak condition which is between 4:00
p.m. and 6:00 p.m. He opined the morning
peak is not as bad as the p.m. peak.
They faced the second problem when analyzing the crash data in the last
three years (from October 2015 to September 2018.) The information came from the Seminole County
Traffic Engineering Department and shows on the segment of Balmy Beach from SR
436 down to Border Lake, there was a total of 23 crashes in the last 3
years. Out of the 23 crashes, 4 crashes
involved injuries and none involved fatalities.
After March 2018, the time when Walmart and the gas station opened,
there were a total of 8 crashes on that road.
And out of those, there were 5 that occurred at this intersection, which
is currently the first full access driveway coming into the shopping
center. Of those accidents, 2 of them
involved injuries. He stated that
obviously they have a situation at this entrance with the number of crashes,
which are mainly caused by the number of conflicting movements that are
happening there. He noted there is a lot
of exiting traffic from both ways with an uncontrolled signal and there is also
the queuing issue that he talked about earlier which adds to the problem.
Mr. Saidi
said they provided a couple of solutions related to the traffic to take care of
these issues. The first one is related
to the northbound approach. They are
proposing to add a second northbound left-turn lane to the intersection of
Balmy Beach and SR 436 which will help in reducing the queuing by about
45%. So the traffic will no longer back
up all the way to the next full intersection or access driveway. The second solution is to change the
configuration of the current full access driveway to a direction of left, which
means you can no longer exit and make a left out from the Walmart shopping
center and you can no longer make a left out of the shopping center across the
street. Also, you can no longer go
through from the one shopping center to the other. So the only movements that would be allowed
on both sides are right-in and right-out from both directions and a left-in to
the Walmart shopping center. He
expressed this improvement will alleviate a lot of the issues they are having
today with crashes because of the conflicting movements. And as mentioned earlier, the northbound dual
left will take care of the queuing problem.
He advised these solutions were presented in a report to Seminole County
staff.
Commissioner
Dallari mentioned the County did something like this over at Deep Lake Road on
Aloma (426) by Walmart and SR 417. He
said the problem is there is too much maneuvering because people are trying to
get into one lane and trying to make the right-hand turn going into the
subdivision. They are in the process of
fixing that on Deep Lake Road and he thinks this is the same situation
here. He asked if they can fix that
before it is built. Chairman Carey
suggested they make note that this is a concern and if this moves forward, they
can address it with the traffic engineers when it comes back to the Board.
Ms. McCann
stated this plan was a team effort between County staff and their engineer, and
that anything they can do to improve it or make it better will be
supported. She explained that after they
produced a model of the building that shows the building height, they then went
back into the neighborhood and took pictures to show that the building cannot
be seen behind the trees when looking at the houses (not received and
filed). She discussed all the pictures
that show where the building would be seen at 200 feet but not at 100
feet. She stated from the residential
area with the setback, landscape buffer, access road and the natural terrain of
the site, they wanted to show that there is natural screening to the 100-foot
building.
Jacob
Jakubowski, 1262 Bear Lake Road, addressed the Board and stated he is speaking
on behalf of Bear Lake residents and has been a resident there all of his life. He said he is unaware of any residential
building of this magnitude backing up to single-family homes in unincorporated
Seminole County. He displayed pictures
(received and filed) showing the Walmart that neighbors can see from their
homes and stated the community was not made aware when the Walmart was being
built because the lot was already commercial.
He talked about each photo taken from inside the windows of a neighbor’s
house. He asked that the Board look at
the project closely to see if it is compatible with the surrounding areas and
if not, deny the request. He submitted a
petition in opposition (received and filed) with 179 signatures. He added that brings the total submitted to
1,451. He opined that everything the
developer has done is rushed and there was no community meeting before the
P&Z meeting was held; however, a community meeting did take place before
this board meeting today.
Chairman
Carey commented that there is nothing in the Land Development Code that
requires a community meeting to be held, but many of the developers have them
at the request of the District Commissioner or they feel like it is better for
their business to hold them.
Julie
Wilson, 2859 Bermuda Avenue, addressed the Board and stated she has been a
resident of Bel Aire Phase 3 for over 20 years and she is in opposition to the
rezoning. She was one of a group of
people that met with Taurus Investment to voice concerns. She said that Taurus Investment continued to
try to sell them on building apartments and does not feel they were taken
seriously. Only 6 neighbors received
notification of the P&Z meeting out of 29.
She noted that Commissioner Constantine and staff told Taurus Investment
that they recommended they hold a meeting with the community prior to P&Z, and
that was not done. She opined the
current proposal exceeds the average height of other residential zones, and the
apartments and ALFs in the area also do not overlook single-family homes. Ms. Wilson stated that Taurus’ placement of
the Public Hearing Notice is so poor, it cannot even be seen from the turn lane
on SR 436, and they feel it is a ploy to keep the community uninformed. She submitted a copy of a letter dated
November 18, 2018 to “Current Property Owner” from Richard Anderson, RA
Strategies P.A., noticing the community meeting (received and filed).
Chairman
Carey requested that Ms. Hammock state for the record what the requirement is
for notification so people understand.
Ms. Hammock explained that the legal requirement is for a newspaper ad
and for a placard to be placed on the property.
She stated that as a courtesy, staff sends out notifications to property
owners within 300 feet of the subject property.
The Chairman noted that is the reason so few people received
notification, and she confirmed with Ms. Hammock that the property was properly
posted and advertised in the paper.
Anna Lavin,
3157 Orleans Way, addressed the Board stating she has lived in the area for
over 20 years. She has multiple concerns
regarding the impact of this project and said there have been continued
deceptions and a lack of respect from the developer. She feels that some of this has been done
purposely to deter the community from attending today’s public hearing and to
void their voices and rights. Ms. Lavin
displayed several photos (received and filed) of the placard on the subject
property and discussed her concerns with its placement and visibility. She felt that it was done intentionally to
not be honest with the community.
Marisol
Morales, 1022 Branchwood Drive, addressed the Board and said she has lived in
the neighborhood for 17 years and she came from New York due to the overcrowded
conditions there. She remarked this was
a quiet neighborhood and all three schools were rated “A” when she moved here,
but things have changed where she now feels she is back in New York. She displayed a Google Maps document
(received and filed) and noted people use their neighborhood as a
cut-through. She pointed out the Walmart
and her house and advised she stood out there all day and counted 705 cars
passing her house. She feels this would
add another 400 more cars cutting through her neighborhood and that it is
unacceptable. She displayed a picture of
a family (received and filed) that lives in her neighborhood and said these are
real families and this is a residential subdivision and not just
commercial.
Valerie
Kenski, 1362 Lake Asher Circle, addressed the Board and stated their schools
are already over capacity. Currently K-5
children are being bused to other schools from their neighborhoods. Lake Brantley High School is always
overfilled and legislation prohibits portable classrooms due to safety
issues. She opined that Seminole County
Public Schools cannot handle a development of this size. The Sheriff’s Department is already
understaffed in their area and the same for the Fire Department, which relies
on other stations for backup on overflow calls.
She handed out a report on the number of traffic accidents with injuries
(not received and filed). She stated since
the opening of the Walmart, accidents have more than doubled at that
intersection. She believes adding this
development with 1,200 additional car trips will create major traffic issues on
Balmy Beach and SR 436, and if Balmy Beach becomes a right-turn-only, that will
put traffic flow through their residential neighborhood streets. She noted some of their streets do not have
sidewalks, which puts their children in the street and in danger of being hit
when going and coming from school. Since
Walmart opened, they have had an increase of cut-through traffic and
speeding. Chairman Carey asked about the
printouts she passed out and Ms. Kenski replied they came from the Seminole
County Public Schools website and the Fire Department website.
Jerry
Smalley, 3019 Cecelia Drive, addressed the Board saying he has a development
background and he noticed they are doing a Comp Plan Amendment. As he understands it, the Comp Plan is fairly
well digested, voted on, and committed to by the State and the County. He said they are taking a Comp Plan that says
low density residential, which he thinks might be 2 to 3 units per acre, and
taking it up to maybe 40 or 50 units per acre.
He opined it seems like a radical change. He stated the traffic was fine before the Walmart
entrance across from the Caffe Positano’s entrance created the backup, and that
entrance’s closeness to SR 436 is what is causing the problem. He added the developer meeting they had the
other night was ineffective; he does not think they were listened to. He believes if they had been aware of and
attended the P&Z meeting, there would have been a different result. He asked the Board to vote “no.”
Flo
Phillips, 2917 Floral Way, addressed the Board and stated she has lived there
for 35 years and walks her dog on Balmy Beach every morning. Since the little Walmart was built, the
traffic is awful. They have a
25-mile-per-hour zone once you get down about a half mile and nobody slows
down. She indicated the police do patrol
it once in a while and they do pull over a lot of people. With the proposed right-hand-turn-only coming
out of Bear Lake shopping center, they will be unable to go back to their homes
without going clear out onto SR 436 and taking the horrendous left into Balmy
Beach. She said they have five entrances
and exits within a one-block area and not enough lanes to handle it. She’s had numerous close calls and it is
dangerous. They know the owner needs to
do something with their property, but they just ask that it be scaled way
down. She would prefer an ALF and not
apartments with more cars coming in and out.
Donna
Comerer, 2905 Nicholas Lane, addressed the Board and noted they have lived in
the neighborhood for almost 38 years.
The traffic problem is there and it is totally unsafe and
unacceptable. She added that people
forget they have an elementary school in the area so cars will be cutting
through where kids are exiting the school.
She opined that bulldozing and filling the land area next to Border Lake
will totally destroy the natural habitat; gopher tortoises have been seen
there. The new building will be close to
the existing high tension power lines and they go straight across to the
transformers. In the years she has lived
there, she can count at least 20 times when they’ve heard those transformers
blow. She doesn’t think that area can
handle any more development because they have two hotels and two apartment
buildings all within 2/10 of a mile.
Beth Brown,
3132 Holliday Avenue, addressed the Board saying they chose their home on
Holliday because it was in a quiet community without a lot of traffic. They did not choose to buy a house downtown
next to an eight-story building. This
project, which she cannot believe is even up for a vote, would put that
eight-story building right in the middle of their quiet neighborhood and that
would make it a new eyesore. She had
asked a question at the information meeting whether any of the developers had
an eight-story building going up in their neighborhood. She said they all just looked at her blankly
and they all ignored her question, except for one gentleman who responded that
her question was not an important question because it wasn’t happening in his
neighborhood. She said they are reasonable
people and understand they have a right to develop the property. She asked that the Board approve a three- or
four-story building.
Pat Brown,
3132 Holliday Avenue, addressed the Board saying he acknowledges the ability of
the developer to develop this property.
He indicated the problem is that this developer is already profiting
greatly by developing the Walmart Marketplace and did so without addressing the
necessary changes to that intersection.
Now they are faced with high traffic and additional accidents. Mr. Brown said they are now proposing to have
everybody right turn out of that parking lot.
Balmy Beach has three ways of going out.
One of them is going down to Green Acres, which drops you out on Piedmont
Wekiwa Road. That intersection has no
traffic light and it is right there by 441.
The next one is going down Balmy Beach to Holliday, out to Bear Lake
Road. Again, there is no traffic light
there. The other is going down Holliday
to Jamison coming out to Bear Lake Road.
He noted all of these intersections have no traffic lights and he asked
where all the 1,200 cars will go.
Fred
Garcia, 1680 Bear Crossing Circle, addressed the Board advising he lives off of
Bear Lake Road and not Balmy Beach. They
have Home Depot, Walmart, Lowe’s, Target, and a Dick’s coming in, and all of
these have impacted their neighborhood with traffic. His house backs up to Bear Lake Road and he
is sure an impact study and a traffic report was done many years ago, and they
cut in Maitland Boulevard. He noted he
is woken up in the morning by tractor trailers going to Home Depot, gasoline
trucks running up and down Bear Lake Road in the middle of the night because
they make deliveries at three, four and five o’clock in the morning. He said no one has talked about the ambient
light that will come from that parking lot and they all know that at nighttime
in Florida, you have open access parking lot lighting restrictions. Mr. Garcia added he lives on the other side
of the neighborhood, and he cannot get out of there on most days. He asked if they know what it is like to have
a 60,000 lb. gasoline truck that is carrying 8,000 gallons of gas going up and
down the street about 200 feet from their house in the middle of the
night. He asked that they give their
neighborhood a break. He noted that an
ALF would require goods and services that come in on trucks. There are two schools there and these trucks
are not going to come in off of 436; they will come in off of Maitland and work
their way around the lake.
Jessica
Kovach, 2903 Sunset Road, addressed the Board to display photos (received and
filed) of the intersection of Balmy Beach and SR 436. She listed her concerns with the intersection
and the two left-turn lanes and opined it is a very confusing intersection. She also talked about the changes that have
been made there in the last seven years and why those changes have caused
dangerous conditions.
Bobbi
Sievers, 1264 Floral Way, addressed the Board to comment that it is all about
the amount of traffic that is cutting through their neighborhoods now to try
and get where they are going faster. She
reiterated many of the concerns of previous speakers.
Catherine
Gierlach, 3200 Curtis Drive, addressed the Board stating she is in attendance
to oppose the 100-foot and 224-unit building.
She reiterated previous comments about the traffic while displaying an
aerial map of Balmy Beach Average Daily Trips and Neighborhood Traffic
(received and filed). She opined the
only option for drivers to go south is to go through their neighborhoods. She pointed out Bear Lake Elementary and
Teague Middle School on the map and talked about the safety concerns with
children biking and walking to and from school.
Carrie
Canfield, 2822 Bermuda Avenue, addressed the Board and remarked she is the
closest one (in proximity) so far on the map; she lives across from the
wall. Ms. Canfield displayed photos
(received and filed) and opined if something is built at 100 feet, she could
see the structure from her home because the border of trees is so skimpy. She pointed out on the photos how close
Positano’s is to their Bel Aire homes and the border wall. She also discussed the problem with neighbors
trying to sleep with delivery trucks going to Walmart and noted during the
hurricanes, SR 436 flooded at Border Lake.
Chuck
O’Neal, 2329 Park Village Place in Orange County, addressed the Board to say he
is speaking on behalf of Speak Up Wekiva, a group with 2,200 members. (A packet of documents was received and
filed.) He stated the site is right on
the Orange and Seminole County border.
In the agenda memorandum under Staff Findings, Section D, he read
“Whether the proposal adheres to other special provisions of law and the
Seminole County Comprehensive Plan (e.g. the Wekiva River Protection Act
(WRPA), Seminole County Urban/Rural Boundary, etc.).” He stated the finding in the staff report
says the site is not included within any areas subject to special standards of
review such as the WRPA. He stated the
WRPA and the Wekiva Parkway and Protection Act talks about the Wekiva Study Area
having special requirements that development within these areas not exceed low
density residential, unless they can prove that there is less impact on the
land than low density residential. He
expressed there is none of that discussion in the backup and that the criteria
set by state law have not been met.
Chairman Carey stated they will have staff address his comments after
public participation.
Mr. O’Neal
mentioned there is the Florida Springs and Aquifer Protection Act which creates
a Priority Focus Area (PFA). He opined
the subject property is inside the PFA which also sets restrictions on land
development saying that there should not be anything more dense than low
density residential, and if there is, it has got to prove that it has less
impact than low density residential. He
said this also violates the Florida Springs and Aquifer Protection Act, and the
Wekiva Springs and Rock Springs Basin Management Action Plan covers the PFA. He then read from the “Seminole County WRPA
Application for Consistency Review” and stated 52 units per acre is not low
density residential. He concluded by
saying there is nothing about this project that conforms to the Wekiva River
Protection Act, the Wekiva Parkway and Protection Act, the Florida Springs and
Aquifer Protection Act, and the Wekiva Springs and Rock Springs Basin
Management Action Plan.
Nancy Dunn,
3430 Holliday Avenue, addressed the Board stating she has lived there for 42
years. For the past 28 years, she has
been a volunteer for University of Florida’s Lake Watch Program. She has worked together as a citizen with
Seminole County’s Stormwater Department and the Water Quality Management
Department and is an active member of the Bear Lake Preservation Association,
which was formed 20 years ago by residents to keep clean lakes clean. The focus of the BLPA is the entire watershed
of approximately 2,300 single-family residential lots surrounding four lakes
located immediately south of the Walmart Marketplace. According to Florida Lake Watch scientists,
Bear Lake is one of the top lakes in the state as phosphorous and muck levels
continue to remain low. She opined this
is the jewel of Seminole County and the headwaters of the Little Wekiva flowing
into the St. Johns. They know what goes
on their streets and lawns ends up in the waterways. Their area roadways do not need a dramatic
increase in vehicles because oil will build up and flush into the lakes. She
asked that they not allow the funneling of traffic south through the streets
surrounding the precious lakes of Seminole County known as the Bear Lakes.
The name of
Marsha Horal was called with no response.
Shirlene
Stuckey, 1892 Iroquois in Orange County, addressed the Board to discuss the
sinkholes. She said the end of the
access road at the edge of the parking lot for the phone company is a known
sinkhole area. She does not know if that
matters or not or if further construction could destabilize the area and
exacerbate the possibility of more sinkholes opening up. Chairman Carey explained they would have to
do geotechnical work before they could ever start construction.
Brian
Dalryple, 3140 Orleans Way, addressed the Board saying the building would be
completely inconsistent with the residential neighborhood to the south. He added there is the perfect storm of retail
in the area and the top three fast foods located there. They have two hotels down the street and the
Walmart. He mentioned the traffic
issues.
Ralph
Force, 1620 Frances Drive, addressed the Board and noted he has lived in the
area for 30 years. He mentioned the
traffic problem and said that just up the street coming down Balmy Beach is a
downhill grade on a curve. People are
trying to inch out into the intersection which causes a lot of problems and a
lot of danger. He also talked about the
dangerous situation of cars waiting to turn in the wrong lane and that this has
happened to him on three separate occasions.
He noted his grandson is seven years old and attends Bear Lake
Elementary. He has to walk to school
down Balmy Beach through those neighborhoods where there will be increased
traffic.
Francis
Andrews, 2844 Croton Road, addressed the Board pointing out he lives just off
of Balmy Beach. He has lived there for
almost 60 years when Balmy Beach was a dirt road. He mentioned that all the residents have to
back out of their driveways into these roads.
He talked about the speed limit and speed bumps, and the five
intersections previously discussed. He
asked the Board to deny the project.
George
Helm, 6047 Linneal Beach Drive, addressed the Board noting he also owns three
rental properties in this same area. He
said a request for more time for open discourse is a reasonable request. He heard about cooperation between the
developer and the County but heard nothing about cooperation between the
developer, County and the community. He
suggested they continue this matter to allow the obvious compatibility and
traffic issues to be further studied. He
feels a fourth right-hand turn out onto Balmy Beach will not solve the problem;
it is going to compound it.
Luis
Morales, 1022 Branchwood Drive, addressed the Board and displayed photos of the
neighborhood (received and filed) stating, “This is who we are.” He said this would be a bad precedent to set
if the Board approves something like this.
He feels the developer has been arrogant towards the neighbors and even
the Commission because Commissioner Constantine and staff asked the developer
to meet with them and they did everything possible not to meet with them. He added when the developer finally did meet
with them, Ms. McCann kept saying they were talking about an ALF. He then asked the developer why if they are
still talking about an ALF, why are they talking about buildings. Mr. Morales said the developer’s response was
they are not building an Assisted Living Facility. He further stated that the developer said the
community was against affordable housing.
Amber
Wilson, 3024 Foxhill Circle, addressed the Board to state that not many people
mentioned the schools. They live less
than two miles away and their schools are zoned for Wekiva Elementary instead
of Bear Lake.
With regard
to public participation, no one else in the audience spoke in support or
opposition, and public input was closed.
Public
Comment Forms were received and filed.
Ms. McCann
reiterated that the County’s engineer and the developer’s traffic engineer met
and had lengthy discussions on the best way to handle the traffic at Balmy
Beach Drive, and the traffic solution they presented is a joint effort between
those two parties. She said a couple of
people mentioned that by closing the Positano Center exit and putting in a
raised median that they would actually have to go all the way around. She advised there is another access point
which would remain a full access point to that center, and she pointed that out
on the site layout plan (received and filed).
She explained that would move the full traffic flow down further away
from that intersection so vehicles are not trying to cross there. They also had people talk about the
landscaping and the hedge during the public meetings noting it is almost
impossible to see. They want to move
that traffic pattern down and away from the extra merging traffic. She reiterated they are certainly willing to
discuss any further ideas. And they
would be happy to meet with the gentleman who was having the lighting shine
through the trees about the idea of increased landscaping.
Ms. McCann
stated she wanted to clarify from the public meeting that they talked a lot
about ALF and apartments. While both are
in the application, it is true that an ALF is the preferred use for this site
by the developer. Chairman Carey
confirmed that if this were approved for an ALF only, the Applicant would
concur with that.
Commissioner
Constantine stated it is true that prior to the P&Z meeting he met with the
Applicant’s representative and asked that they meet because he saw that this
was going to be a contentious issue. He
feels that talking out concerns with the residents that are going to be
affected usually has positive results.
However, if the developer chooses not to, that is their right. They do not have the obligation to do that. After the P&Z board meeting, he asked the
representative again to meet with them and they did. He stated the bottom line is they have two
parcels. One is about five acres and it
is zoned low density residential. The
other is a little over 20 acres and it is zoned commercial. He advised he was the sponsor and did write
most of the Wekiva Parkway and Protection Act, and this is not compatible with
that act and it is not compatible with the surrounding areas. This is not conducive to 45.5 units an acre,
and it has been rushed through. He
cannot believe the traffic pattern, especially because this has an elementary
school imbedded in that neighborhood. He
opined these people are not NIMBYs here because they were more than willing to
talk about an ACLF. He has a letter that
he received from them saying they would work with the developer on an ACLF
because they do understand that this will be developed, but that is not what
they have before them today. What they
have before them today is a project of 100 feet high and 224 units and 20 acres
of commercial that they want to turn into a PD.
Motion by Commissioner
Constantine, seconded by Commissioner Zembower, to deny the request for a
proposed Ordinance to enact a Small Scale Future Land Use Map Amendment from
Low Density Residential to Planned Development for 4.93 acres, and for the
associated proposed Ordinance to enact a Rezone from A-1 (Agriculture) and C-1
(Commercial) to Planned Development (PD) for 20.91 acres located on the
southwest corner of the intersection of SR 436 and Balmy Beach Drive, Linda
Cassof, Applicant, as described in the proof of publication.
Chairman Carey stated she wanted to clarify something on the
Wekiva Study Area. Ms. Hammel displayed
an image from a cell phone and stated it is a depiction of the Wekiva Study
Area and the Wekiva River Protection Area.
She pointed out the WRPA and stated Mr. O’Neal was correct when he
talked about the restrictions and regulations in that area. She explained those restrictions are not
applicable on this property.
Under discussion, Commissioner Dallari noted the agenda
memorandum states a full traffic impact analysis will be required prior to
engineering of the site. He asked if
that includes the cut-through traffic.
Mr. Saidi responded the study follows the traffic impact study
guidelines of Seminole County which have a certain impact area radius; roads
and intersections that fall within that area will be analyzed. About 18% of the project traffic will go
south on Balmy Beach. Commissioner
Dallari stated if this project was to move forward, they have a commitment here
to do a TIA. The concern he has is he
wants the analysis to actually look at that entire area to figure out the
cut-through traffic issue. Mr. Saidi
advised they can do a separate analysis where they track by license plate the
people who are actually cutting through.
It is not a typical requirement of a TIA, but if that is requested by
the County, they could do a separate study to determine the percentage of how
much traffic is cutting through the neighborhood.
Commissioner
Dallari wondered what the invert height is between SR 436 and the grade of this
site. Jason Mahoney, NV5, Civil
Engineer, responded the road grade at Balmy Beach and 436 is at approximately
Elevation 108 and the finished floor elevation of the building on Lot 4 would
be presumably about Elevation 85, so they are talking about 23 feet
differential.
Commissioner
Lockhart stated something that is not unique to this project but is something
this Board and the School Board are going to have to address at some point in
time is the issue of capacity service areas or concurrency service areas for
schools. She expressed that most people
reading the SCALD letter probably would not pick up on the differentiation
between capacity being in the CSA and capacity being in the zoned school. The elementary school level is the area where
they have the most concern. She noted
the reserve capacity at the elementary school level is 56 for the CSA, and for
the zoned school which is Bear Lake Elementary, they have no reserve capacity. She asked whether the developer realizes that
they don’t have capacity at the local elementary school. Mr. Mahoney remarked that if it is an ALF,
then it is a moot point. Commissioner
Lockhart said that that is a big “if” though from what she is hearing. She expressed she is not attacking this
particular project, but this is something they have created in their community
in an attempt to be open for business.
They don’t want to deny every project that comes before the Board just
to a specific school, so they kind of look to see if there is capacity at
another surrounding school and try to work with the developer. However, she wants to make sure that as the
developer they understand because what happens is people move into the
apartment complex, assuming it becomes an apartment complex, and they
automatically think that their resident students are going to go to the closest
school and that very well may not be the case.
Chairman
Carey noted if the motion passes the way it is stated, it would be a year
before this developer could come back and make an application for anything else
to happen.
Commissioner
Constantine amended his motion to deny
without prejudice so the developer could sit down with the citizens and
others and then come back within one year, and Commissioner Zembower as the seconder agreed.
District 1,
2, 3, and 4 voted AYE.
District 5
voted Nay.
-------
Chairman
Carey recessed the meeting at 5:55 p.m.; reconvening at 6:05 p.m.
SLAVIA ROAD PD
MAJOR AMENDMENT
AND
REZONE/Brian Thornton
Agenda
Item #50 – 2018-1091
Continuation of a public hearing from October 9, 2018 to
consider a request for a Major Amendment and Rezone from PD (Planned
Development) to PD (Planned Development) on 4.7 acres for a convenience store
with gas pumps, located at the corner of Red Bug Lake Road and Slavia Road,
Brian Thornton, as described in the proof of publication.
Joy Giles, Planning and Development Division, addressed the
Board to review the request as outlined in the agenda memorandum. She noted on March 10, 2009, the BCC approved
the Slavia Road PD for commercial/office development permitting uses under the
C-1 and C-2 (Retail Commercial) zoning districts, excluding the use of gas
pumps. The site was never developed and
the PD has since expired. The Applicant
is requesting a Major Amendment Rezone to reinstate the previously approved PD
and all of its uses as well as the addition of gas pumps in association with a
convenience store. The Applicant has
provided an analysis to support the request for the use of fuel pumps. Ms. Giles then discussed that analysis and
advised there are currently six gas stations within a two-mile radius of the
subject site. Staff finds the request to
be compatible with the surrounding area which is comprised of residential
offices and commercial uses. The P&Z
voted to recommend approval and County staff also recommends adoption of the
Ordinance.
Tom Sullivan, with GrayRobinson Law Firm on behalf of RaceTrac,
addressed the Board to introduce Samantha Moore and Jeffrey Baird with
RaceTrac, as well as Brian Potts, their Civil Engineer. Mr. Sullivan stated they agree with staff’s
recommendation for approval. He stated
they prepared a PowerPoint presentation (received and filed) that they believe
demonstrates why the request makes sense.
Samantha Moore, Engineering Project Manager with RaceTrac, displayed and
reviewed the presentation.
Tom Cook, representing the Red Bug Residential Coalition (RBRC),
addressed the Board and distributed a map of the subject property (received and
filed). He advised the RBRC is a
coalition of neighborhoods located along Red Bug Lake Road representing over
1,200 homes. The RBRC was formed in 2003
when it became clear that local residents needed to have a voice about the
encroachment of commercial development impacting their residential
communities. At that time the Coalition,
the BCC and Planning staff agreed that Slavia Road would function as a boundary
with more intense commercial development on the north side within the Oviedo Marketplace
PD and less intense development on the south side. In 2009, they worked with the owners of the
property on a PD Amendment and Rezone that was approved by the BCC at that
time. There was no buyer or intention to
build, and it never went to a final development plan. He said it was purely a hypothetical exercise
to increase the marketability and value of the property. It demonstrated the RBRC’s strong desire to
allow the property owners maximum flexibility to develop the property. However, the development order explicitly did
not allow gas stations. Business hours
were not mentioned in the D.O. but businesses that were open 24 hours a day
would not have been acceptable to the RBRC, the Planning staff or the County
Commission at that time.
Mr. Cook stated that today the Applicants claim that there is a
need for more gas pumps in the area based on traffic studies that show an
increase in traffic of more than 50% over the 10 years on Red Bug and Slavia
Roads. He opined they have provided
extensive calculations to attempt to prove this need, but they have
intermingled the concepts of need and want.
He advised there is already a RaceTrac 3.1 miles away. The citizens feel there is no need for more
gas stations. He displayed a map
(received and filed) stating that the surrounding area is predominantly
residential, but on the south side of Red Bug Lake Road, there is a corridor of
commercial businesses; however, those businesses were carefully planned and
restricted both in hours and for very specific uses to be low intensity
commercial uses to minimize the impact on the surrounding residential
areas. He talked about the different
areas on the map and when several of the commercial buildings had been
built. He noted that the trend in the
area is clearly toward medical and professional offices and not gas stations
and convenience stores.
With regard to public participation, no one else in the audience
spoke in support or opposition and public input was closed.
Public Comment Forms were received and filed.
Mr. Sullivan informed the Board that they had reached out to the
RBRC. They held a meeting in May of this
year that lasted a couple of hours and they felt there was good dialogue. At the conclusion of that meeting, the
neighbors indicated they were not going to take a position at that time about
the project but that they were going to continue to monitor as they went
through the process. He expressed they
would love to have their support for this.
They have a history of reaching out and working with them and would love
to continue to do so as part of the community in this location.
Mr. Sullivan stated with respect to the area being predominantly
residential, he thinks you have to look at the immediate area. One of the things that stands out to him is
that this property is the only corner intersection that is not developed for
commercial or non-residential purposes.
He advised it is an old house that sticks out given the development
trend there. He said he wanted to
address the comment about “need.” The
trips have doubled in the area which is why RaceTrac wants to be there because
they see the trips on the road, and they feel there is a need at this
location. Also there was a comment about
the 24-hour nature of the use. He stated
that is the nature of the use, but it is also the nature of the 7-Eleven which
is literally right across the street from this property.
Mr. Sullivan stated one point that has not come up but is
addressed in the staff report and the D.O. has to do with the comparison of
what they are asking for in this approval versus what was approved in 2009 in
terms of the intensity that is being requested.
The 2009 approval was for 60,000 square feet; this convenience store is
5,500 square feet. The maximum height in
the previous D.O. was 55 feet, and now they have up to 30 feet and one story
which includes the store and the gas canopy.
He expressed they would be happy to have those changes incorporated in
the D.O.
Commissioner Zembower questioned what the distance is from the
ingress and egress on Slavia Road to the intersection of Red Bug Lake Road and
Slavia Road. Mr. Sullivan replied that
they are aware it doesn’t quite meet the typical spacing standards, but he
thinks those access points were approved in 2009. They would be willing to add a short
deceleration lane for that right-in movement to address any concerns about
that. Brian Potts, Civil Engineer,
addressed the Board to advise the distance is about 150 feet from the
corner.
Commissioner Dallari stated when this area was approved back in
2009, the Macaroni Grill and the Rock N Brews were built. There are various pieces that have not been
built but just to the south of this, there is a large wetlands area which is
now designated a mitigation bank. All
this was done and there were the restrictions of no automobile and gas sales on
this property. He said he believes that
was the commitment to the community, and the community did come out and support
all of this. He noted there are three
gas stations at Red Bug and Tuskawilla and across the street is the 7-Eleven
with a gas station. He indicated he goes
there all the time and there are free pumps so the demand is not that big. He added at 426 and Red Bug there are two
pumps.
Motion by
Commissioner Dallari, seconded by Commissioner Constantine, to deny the request
for an Ordinance to enact a Rezone from PD (Planned Development) to PD (Planned
Development), and the associated Development Order and Master Development Plan
for 4.7 acres located at the corner of Red Bug Lake Road and Slavia Road, Brian
Thornton, Applicant, as described in the proof of publication.
Under discussion, Commissioner Constantine asked if this is not
approved, what could go on that piece of property. Commissioner Dallari responded that when you
look at the original D.O., there were a lot of things that could go there like
office buildings. A medical office went
across the street.
Chairman Carey questioned whether the 4.7-acre site is part of
the other developments that have been approved along there. Ms. Giles replied this is an individual
stand-alone piece. Chairman Carey noted
when it was approved previously for 60,000 of commercial (C-1 and C-2 retail
commercial), certainly traffic generation and all that would be a lot greater. To her it seems this is a big reduction from
what had been previously approved and so she will not be supporting the motion
because she feels this may be a better use than a 60,000-square-foot building
at this particular intersection.
Commissioner Zembower remarked he has driven this road a lot
during rush hour in both directions, and in the evening coming down Red Bug
Lake Road, there is a significant amount of traffic that turns right onto
Slavia Road to go down to that part of the County, more so in the last 5-10
years. They now have a double left
coming off Slavia onto Red Bug Lake Road.
For people coming out of this and wanting to go back onto Red Bug Lake
Road or get back on Slavia, they are limiting them to a right, but people are
simply going to do a quick left and try to get into one of the turn lanes to go
back down Red Bug to the west or to get all the way in the right-turn lane to
go right on Red Bug Lake Road. Mr. Jreij
indicated the access to the intersection is so close, about 150 feet, which is
why staff limited it to right-in and right-out.
If it is approved, they would put in a median to limit anything but
right-in and right-out.
Upon inquiry by Chairman Carey, Ms. Moore said she believes that
one of the conditions in the staff report was to grant cross access to both sites
on the west and east. Commissioner Dallari confirmed with Ms. Giles that the
two pieces of property they are trying to get cross access to are privately
owned. Ms. Giles advised it is a
condition of approval in the PD adjacent to the east that they provide cross
access, but not the one to the west of this.
Chairman Carey commented if there is a cross access easement already
existing for the PD to the east of this, then this parcel could go through
that, get further away from the intersection and probably have a full driveway
there.
Chairman Carey stated there is a motion on the floor to deny and
then called for a vote.
District 1 voted AYE.
Motion to deny failed for lack
of a majority vote.
-------
Motion by
Commissioner Lockhart, seconded by Commissioner Constantine, to approve the
request to adopt Ordinance #2018-40 enacting a Rezone from PD (Planned
Development) to PD (Planned Development), and the associated Development Order
and Master Development Plan for 4.7 acres located at the corner of Red Rug Lake
Road and Slavia Road, Brian Thornton, Applicant, as described in the proof of
publication.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Dallari voted NAY.
Motion to approve passes
4-1.
CAMERON HEIGHTS
VILLAGE B MAJOR AMENDMENT
AND
REZONE/Elite Trust and Escrow Company, LLC
Agenda
Item #51 – 2018-0050
Proof of
publication calling for a public hearing to consider the request for a Major
Amendment and Rezone from PD (Planned Development) to PD (Planned Development)
on approximately 27.52 acres for a reduction in the minimum house size, located
on the east side of Sipes Avenue, approximately one-half mile south of Celery
Avenue, Elite Trust and Escrow Company, LLC, received and filed.
Ms. Giles reviewed the item as outlined in the agenda
memorandum. Chairman Carey asked based
on the lot sizes under their street zoning category, what the minimum size home
that you could build on a lot that size would be, to which Ms. Giles replied
700 square feet. The Chairman then said
the request to go from 1,600 to 1,400 is still twice as much as they would
require under a straight zoning.
Marc Stehli, Poulos and Bennett on behalf of the Applicant,
addressed the Board to say they have reviewed the staff report and are in
agreement.
With regard
to public participation, no one in the audience spoke in support or opposition
and public input was closed.
Motion by Chairman
Carey, seconded by Commissioner Lockhart, to approve and authorize the Chairman
to execute Ordinance #2018-41 enacting a Major Amendment and Rezone from PD
(Planned Development) to PD (Planned Development), and approve the associated
Development Order and Master Development Plan for approximately 27.52 acres,
located on the east side of Sipes Avenue, approximately one-half mile south of
Celery Avenue, Elite Trust and Escrow Company, LLC, Applicant, as described in
the proof of publication.
Under discussion, Chairman Carey asked the County Manager to go
back and get with the City of Sanford and with Midway Canaan because it is her
understanding that Midway Canaan is the provider for not only water but they
say they can also manage sewer. She thinks
they need to have a discussion about this to determine that whoever is
providing water can provide sewer. This
is a project that is moving forward as part of a much larger project. Most of this has been approved by the City
but there is some conflicting information that needs to be resolved before this
project moves forward. Ms. Guillet said
her understanding is that the Applicant is working with the City to try to
resolve this. Chairman Carey stated it
needs to be a tri-party agreement if there is already a utility agreement in
place and maps that indicate that this is an area serviced by Midway
Canaan. They are having a discussion
right now about putting sewer out in that community. They don’t have sewer today and they don’t
have the capacity to do it. She added
she is not sure they have the financial wherewithal to put in the
infrastructure. She wants to make sure
this is at the top of staff’s list of things to look at on this project.
District 1, 2, 3, 4, and 5 voted AYE.
INTEGRA
CROSSINGS PD REZONE/
David
McDaniel
Agenda
Item #52 – 2018-0052
Proof of
publication calling for a public hearing to consider a request for a Rezone
from A-1 (Agriculture) to PD (Planned Development) on 32.03 acres, for a
mixed-use development consisting of 16.71 acres of multifamily residential and
15.32 acres of office and retail commercial, located on the north side of
Wilson Road, east of International Parkway, David McDaniel, received and filed.
Ms. Giles presented the request as outlined in the agenda
backup. She advised the project will be
developed in two phases. The first phase
will consist of multifamily residential apartments for a total of 350 units and
the second phase will consist of office and commercial uses with a maximum
building square footage of 425,000 square feet.
The site will access from Wilson Road and the developer will be required
to make road improvements to both Wilson Road and International Parkway. Access will not be permitted from Woodruff
Springs Road on the north. The P&Z
Commission voted to recommend approval and County staff recommends adoption of
the Ordinance.
Randy Morris, RM Strategies on behalf of the Applicant,
addressed the Board and introduced Chris Doughterty with S&ME, a planning
and engineering firm; and David and Robert McDaniel with Integra Land
Company. Mr. Morris displayed and
reviewed a PowerPoint presentation (received and filed).
Mr. Morris stated this is one of the last large projects that
will be developed on International Parkway unless they expand the HIP-TI
District. He noted they are not asking
for any special requests. The actual
development is 305,000 square feet of office space, which is the Target
Industry, and 20,000 square feet of ancillary retail. This is not destination retail; this is retail
that will service only this project because it is so far off of International
Parkway and dead-ends on Wilson Road, the primary access. Phase 1 will be the multifamily and the next
two phases will be the office and hotel.
Mr. Morris noted that during final engineering, staff will
probably allow them to make some adjustments in setbacks because of being next
to I-4. They will migrate those around
to other parts of the site to be more beneficial either internally or
externally. Commissioner Dallari expressed
he does not understand why they are asking for a buffer on I-4; why are they
trying to protect I-4. Mr. Morris
responded they are just trying to comply with the Land Development Code. Commissioner Dallari said he really thinks
that that is something they should Mr. Morris advised they are in negotiations
now with the HCA Hospital to put in the access bifurcating the two properties,
half on HCA and half on the subject property potentially giving them better
access. Commissioner Dallari indicated if
they are able to get an agreement with the hospital, the second access would
potentially go away. Mr. Morris noted
the second access for the subject property would go away, the emergency access
would stay the same. He added in regard
to the Transportation slide, International Parkway is a four-lane road and was
designed to go to a six-lane road, so there is plenty of available space.
Mr. Morris stated off-site improvements during Phase 2 would
possibly include a signalization at Wilson Road and International Parkway and
the extension of turn lanes from International Parkway onto Wilson. He noted Wilson Road is under construction
right now.
Commissioner
Dallari asked why their F.A.R. (Floor Area Ratio) is at 1.0 and not 1.5. Discussion ensued regarding intensity of the
development.
With regard to public participation, no one in the audience
spoke in support or opposition and public input was closed.
Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to approve and
authorize the Chairman to execute Ordinance #2018-42 enacting a Rezone from A-1
(Agriculture) to PD (Planned Development), and approve the associated Development
Order and Master Development Plan, for 32.03 acres, located on the north side
of Wilson Road, east of International Parkway, David McDaniel, Applicant, as
described in the proof of publication.
Chairman Carey clarified that the motion should include that (1) staff has the flexibility to review
the setbacks from I-4 and (2) to consider no setback (buffer) if there is a
joint road planned for down the property line.
The motioner and seconder agreed.
District 1, 2, 3, 4, and 5 voted AYE.
GATEWAY AT ST.
JOHNS LSFLU MAP
AMENDMENT
AND REZONE/Daniel Kaiser
Agenda
Item #53 – 2018-0036
Proof of publication calling for a public hearing to consider a
request for a Large Scale Future Land Use Map Amendment from Planned
Development, Industrial, and Suburban Estates to Planned Development, and a
Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned
Development) for a 65-lot, single-family residential subdivision on 14.48
acres, located on the north side of Orange Boulevard, one-half mile west of
Monroe Road, Daniel Kaiser, received and filed.
Ms. Giles reviewed the request as outlined in the agenda
memorandum. She noted that the
single-family residential subdivision has a density of 4.66 dwelling units per
net buildable acre. The BCC voted
unanimously to transmit the map amendment to the State and review agencies on
October 9, 2018. Staff received response
letters with no opposition to the request and recommends approval.
Chad Moorhead, with Madden Moorhead & Stokes, addressed the
Board stating they agree with both staff’s and P&Z’s recommendations.
With regard to public participation, no one in the audience
spoke in support or opposition, and public input was closed.
A Written Public Comment Form was received and filed.
Motion by Chairman
Carey, seconded by Commissioner Zembower, to approve and authorize the Chairman
to execute Ordinance #2018-43 enacting a Large Scale Future Land Use Map
Amendment from Planned Development, Industrial, and Suburban Estates to Planned
Development, and the associated Ordinance #2018-44 enacting a Rezone from A-1
(Agriculture) and PD (Planned Development) to PD (Planned Development), and
approve the associated Development Order and Master Development Plan for
approximately 14.48 acres, located on the north side of Orange Boulevard,
one-half mile west of Monroe Road, Daniel Kaiser, Applicant, as described in
the proof of publication.
District 1, 2, 3, 4, and 5 voted AYE.
PARKSIDE PLACE
LSFLU MAP AMENDMENT
f/k/a
REAGAN CENTER/Jon Walls, NAI Realvest
Agenda
Item #54 – 2018-0040
Proof of publication calling for a public hearing to consider a
request for a Large Scale Future Land Use Map Amendment from Planned
Development to Planned Development, and a Rezone from PD (Reagan Center Planned
Development) to PD (Parkside Place Planned Development) for a mixed-use
development on approximately 110 acres, located on the north side of Ronald
Reagan Boulevard and east of County Home Road and U.S. Hwy. 17-92, Jon Walls,
NAI Realvest, received and filed.
Ms. Petyk reviewed the item as outlined in the agenda
backup. She advised the BCC met on
October 9, 2018, and voted to transmit the request to state and local review
agencies. The agencies provided no
objections. Since transmittal there have
been several changes to the Development Order including the removal of the
condition relating to a pedestrian bridge, adding a condition to provide
funding for a ladder firetruck, provisions to the conditions relating to
parking, pedestrian crossings and private shuttle services, adding limited
agricultural uses as a permitted use including hydroponic farming up to 100
feet in height, and adding a condition for the developer to perform a
multimodal pedestrian study to determine if direct local shuttle services
between Parkside Place, Seminole State College, and the Five Points Complex is
warranted. Staff recommends approval of
the proposal.
Hal Kantor, attorney with Lowndes, Drosdick, Doster, Kantor
& Reed and representing the Applicant, addressed the Board to state they
have reviewed the staff recommendations and ask them to approve them as
submitted.
Commissioner
Constantine remarked he had discussed with Mr. Kantor that they would consider
putting in an escalator for inflation for the firetruck and ladder. Mr. Kantor expressed they don’t want to but
would agree to an escalator as much as 5%.
They think that it is reasonable given the time frame and the fact that
the County has researched this. Commissioners
Dallari and Constantine commented they feel that the amount is generous.
Commissioner Lockhart asked about the school capacity Letter of
Determination that they received. Mr.
Kantor responded he believes the information is that they have to build it if
it is needed, and they will determine that through each phase. They are aware they do not have capacity for
all of the apartments. Ms. Lockhart
opined the lack of capacity is significant, and Mr. Kantor stated they also
know it is significant with respect to utilities and they are facing that as
well. They are taking the next year to
plan this project out and it will also include more analysis regarding
schools. And they understand they cannot
proceed without that being addressed.
Commissioner Zembower said Mr. Kantor had given them an overview
of the length of time it will likely take for this project to build out or go
through its phases. Mr. Kantor advised
they plan on 12 years, it may take less or more time, but they are talking
about 2032. Commissioner Dallari stated
in their last presentation, the Applicant was talking about net zero, but then
confirmed with Mr. Kantor there is no commitment to doing that with this
project.
Commissioner Dallari said he noticed an allowance for an
additional $350,000 for a firetruck bay expansion. He was told that a potential expansion at
that site would be very difficult.
Chairman Carey clarified they are talking about the existing fire
station on the corner of County Home Road and 17-92. Commissioner Dallari questioned if the money
could not be spent there, could it be spent at another location. Mark Oakes, Fire Chief, addressed the Board
to advise they met with Facilities and there are some minor challenges, but
they do believe they can build onto Station #35.
Mack Reid, 101 E. Colonial Drive in Orlando, addressed the Board
stating he has served as Chief Operations Officer for Boys & Girls Clubs in
Central Florida. He stated Sid Levy was
a champion and supporter of their organization for over 20 years and their
president had a personal connection with Mr. Levy. It is with great honor that a portion of the
proceeds from the sale of the property will go towards supporting Boys &
Girls Clubs of Central Florida.
Paul Partyka, 404 Park Lane Drive, addressed the Board saying he
has known Sid Levy for many years and has represented him in real estate for
almost 20 years. He opined this is a
great visionary project for Seminole County and will go into the history
books. He thanked the Board and all the
people involved.
With regard
to public participation, no one else in the audience spoke in support or
opposition, and public input was closed.
Public
Comment Forms were received and filed.
Commissioner Zembower stated this is an example of a project
that the taxpayers are not burdened with the infrastructure and it is the right
thing to do.
Motion by
Commissioner Zembower, seconded by Commissioner Dallari, to approve and
authorize the Chairman to execute Ordinance #2018-45 enacting a Large Scale
Future Land Use Map Amendment from Planned Development to Planned Development,
and the associated Ordinance #2018-46 enacting a Rezone from PD (Reagan Center
Planned Development) to PD (Parkside Place Planned Development), and the
associated Development Order and Master Development Plan for 110 acres, located
on the north side of Ronald Reagan Boulevard and east of County Home Road and
U.S. Hwy. 17-92, Jon Walls, NAI Realvest, Applicant, as described in the proof
of publication.
Commissioner Constantine confirmed with the Chairman that the motion includes the escalator.
Commissioner Dallari suggested it may be nice to put something
there with Sid Levy’s name on it.
District 1, 2, 3, 4, and 5 voted AYE.
CENTRAL PARC
AT HOWELL BRANCH PD
MAJOR
AMENDMENT/Miguel De Arcos
Agenda
Item #55 – 2018-0049
Proof of publication calling for a public hearing to consider a
request for a Rezone from PD (Planned Development) to PD (Planned Development)
for approximately 6.83 acres, located on the north side of Howell Branch Road,
east of Eastbrook Boulevard, Miguel De Arcos, received and filed.
Ms. Petyk reviewed the request as outlined in the agenda
memorandum and stated the subject site is located in Village 2B of the Lake
Howell Reserve in San Pedro Planned Development, also known as Hawk’s
Crest. The Development Order adopted in
2016 as part of the Rezone allowed all C-1 (Retail Commercial) uses in Village
2B unless otherwise prohibited. The
Applicant is requesting this Major Amendment to add additional permitted uses
which were prohibited in the original D.O.
She then reviewed these uses as listed in the agenda memorandum. The P&Z recommended approval and staff
recommended approval as well. Chad
Moorhead, with Madden Moorhead & Stokes on behalf of the Applicant, stated
they agree with staff recommendations.
Commissioner Zembower stated when this project went through
P&Z, there was a lot of concern from the HOAs about the drive-through
usage. Mr. Moorhead advised his partner,
Charlie Madden, spoke with them and they are aware of what is going on. They did not want a fast-food-type drive-through. He explained it has to be more towards the
center and western side of the site.
Ronald Brown, 1500 Westdale Avenue, addressed the Board and
displayed an aerial photograph (not received and filed) showing what the area
looked like when he first bought his house.
He stated it was a beautiful green space, and they were told this was
going to be for assisted living for the elderly. The reason for the small commercial area was
to service the elderly so they would not have to get in their cars and drive to
the pharmacy. He then showed an aerial
(not received and filed) of what it looks like today saying that it has
negatively impacted the peaceful enjoyment of his property because of all the
noise from the traffic now. He pointed
out there were a few small concessions granted at the time this occurred. Some of the things neighbors did not want on
the property included drive-through restaurants with speakers. He does not see any hardship on the developer
because they bought this property with these restrictions in place. There is no need for drive-throughs; within a
mile there is a Dunkin Donuts, a Starbucks, a McDonalds, a Burger King, a Taco
Bell and a Pollo Tropical, all down at 46 and Howell Branch Road.
Claire Brown, 1500 Westdale Avenue, addressed the Board and
stated there are three reasons she does not think this is a good idea: (1) the traffic flow, (2) the noise and the
trash from businesses like this, and (3) because of the competition of other food
places. She displayed the Notice of Public
Hearing (received and filed) stating there are five drive-throughs a mile
away. She listed all the establishments
and restaurants nearby. Ms. Brown then
pointed out on the notice a traffic signal and a retention pond with a curb cut
where the County pulls their truck in because there is no shoulder on that
road, and it is the only place to do it.
She wondered how this restaurant will have an entrance onto Howell
Branch Drive and whether they will use Hawk’s Crest Drive. She also pointed out an elementary school on
Citrus which is not even a mile away and all the locations of crossing
guards. She noted they will have to have
two new crossing guards and every time there is a space for a crossing guard,
it slows down the traffic. She stated
there is a funeral home on Betty Street; the noise, and the smell from the
trash at this restaurant will impact everybody who lives there.
Chairman Carey confirmed with staff this is a request to have
some uses amended. The commercial and a
restaurant is already allowed there. The
request is only to have a drop-off dry cleaner, a veterinary clinic with no
overnight, a pet store with no pet sales, and one drive-through with a coffee
shop or a fast casual dining, which is not McDonalds’s, Burger King and those types,
and their speaker is to be 350 feet from the property line at Cedar Ridge.
Upon inquiry by Commissioner Lockhart, Ms. Petyk advised they
specified that drive-through fast food restaurants are prohibited. Chairman Carey asked whether there is a definition
in the Development Code of the difference between fast casual and fast
food. Ms. Hammock responded there is
not; it is an industry term. Chairman
Carey commented it is probably something they should consider adding to their
Land Development Code to distinguish the difference.
With regard
to public participation, no one else in the audience spoke in support or
opposition, and public input was closed.
Public
Comment Forms were received and filed.
Motion by Commissioner Dallari, seconded
by Commissioner Zembower, to approve and authorize the Chairman to execute
Ordinance #2018-47 enacting a Rezone from PD (Planned Development) to PD
(Planned Development), and approve the associated Development Order and Master
Development Plan, for approximately 6.83 acres, located on the north side of
Howell Branch Road, east of Eastbrook Boulevard, Miguel De Arcos, Applicant, as
described in the proof of publication.
District 1, 2, 3, 4, and 5 voted AYE.
DISTRICT
COMMISSIONERS’ REPORTS
District
2
Motion by
Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Clay
Archey and Jim Hunter to the Agriculture Advisory Committee for two-year terms;
Bryan Wilson to the Animal Control Board for a one-year term; Mike Bass to the
Code Enforcement Board for a three-year term; Bobby VonHerbulis and Deana
Schott to the Contractor Examiners Board for one-year terms; and Robert Hughes
to the Historical Commission for a two-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Motion by
Commissioner Zembower, seconded by Commissioner Dallari, to approve appropriate
Resolution #2018-R-165 in appreciation of Craig Sturla and appropriate
Resolution #2018-R-166 in appreciation of Susie Dolan for their service on the Parks
and Preservation Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Zembower advised they will be working with Public
Works on some kind of a solution, hopefully, for the paving of the unpaved
portion of Old Cochran Road, north of 46 in Geneva. Right now you cannot get firefighting
apparatus or emergency equipment down it without the peril of being stuck or
clearing half the equipment off the firetruck because it is so overgrown. They do not currently have the easement but
the residents are going to hopefully give the County the right-of-way to
complete that.
District
1
Motion by
Commissioner Dallari, seconded by Commissioner Lockhart, to reappoint John
McGrath to the Animal Control Board for a one-year term; Marti Chan to the
Contractor Examiners Board for a one-year term; Desta Horner and Paul Zuromski
to the Historical Commission for two-year terms; Ed Ghiglieri to the Parks and
Preservation Advisory Committee for a three-year term; Anne West to the Library
Advisory Committee for a two-year term; and Tom Minter to the Agriculture
Advisory Committee for a two-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Motion by
Commissioner Dallari, seconded by Commissioner Zembower, to appoint Dennis
Langlois to the Agriculture Advisory Committee for a two-year term; and approve
appropriate Resolution #2019-R-167 in appreciation of Doug Register for serving
on the Agriculture Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
District
3
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to reappoint Rex Clontz to the Agriculture
Advisory Committee; Marianne King to the Animal Control Board; Dudley Bates to
the Code Enforcement Board; Bill Young to the Contractor Examiners Board;
Rosalie Wright Cook and Donna Bundy to the Historical Commission; Beverly
Courtney to the Library Advisory Board; and Carissa Lawhun to the Planning and
Zoning Commission.
Districts
1, 2, 3, 4, and 5 voted AYE.
District
4
Commissioner Lockhart reported her goal is to visit each
department and work site this first year in office. Also she has meetings scheduled next week
with each of the Constitutional Officers.
In addition, she attended a panel discussion for newly elected officials
held by the Seminole County Chamber of Commerce.
-------
Commissioner
Lockhart noted one of the hottest topics of discussion at the East Altamonte
Community meeting was the Rosenwald School and the future of that property and
building and where it may go. She gave a
brief recap of the information (received and filed) she shared at that
meeting. A copy of the following was
distributed to the Board: School Board
Resolution #2016-03 declaring the Rosenwald property at 1096 Merritt Street
unnecessary for educational purposes; a letter from Nicole Guillet, County
Manager, and Walt Griffin, School Board Superintendent, dated August 18, 2016,
to the BCC and School Board members regarding items discussed at the June 28
Joint Work Session; and a letter from Margaret “Peg” Wharton dated May 3, 2018,
to Bruce McMenemy, Deputy County Manager, regarding the sale of the Rosenwald
property and Yankee Lake property (received and filed). Commissioner Lockhart stated she thinks it is
important to know that the School Board continues to receive interest in that
property. She thinks they need to let
that board know if the County is interested in moving forward. She knows the Sheriff’s Office is looking at
the property as a potential substation.
The community is incredibly interested in having programming there. She added she knows Commissioner Henley was
very supportive of that property being for the use of the community and she is
also in support of that. They, however, need
to know if it is still the consensus and the will of the BCC to move forward,
and if not they need to let the School Board know so that they can move on.
Ms. Guillet advised they met with the School Board in June and
reminded they had a joint work session in July to talk about major projects and
major purchases, and this was one of the topics they covered. There was some reticence at that time to move
forward because they were in the middle of budget and they were also concerned
about Amendment #1. After that meeting,
the Deputy County Manager did touch base with Joe Ranaldi at the School
Board. Staff at this point needs some
direction on what the Board may want to do with this, and not just Rosenwald
but Yankee Lake as well.
Chairman Carey stated this certainly deserves some further
discussion and probably not everyone has been briefed on this. Commissioner Zembower commented he would like
the opportunity to be brought up to speed.
The Chairman asked that Ms. Guillet schedule a work session after the
next Board meeting to talk about this and to get some clear direction. She added she thinks that all the
Commissioners should be briefed prior to the workshop and agrees that this
needs to move forward.
-------
Motion by
Commissioner Lockhart, seconded by Commissioner Constantine, to reappoint John
Lommerse to the Agriculture Advisory Committee for a two-year term; Steve
Browne to the Animal Control Board for a one-year term; Michael Fratrik and
Jeffrey Wines to the Contractor Examiners Board for one-year terms; Carmen
Bierman and Imogene Yarborough to the Historical Commission for two-year terms;
Robert Bowden to the Parks and Preservation Advisory Committee for a three-year
term; and Ed Schuckman to the Seminole County Industrial Development Authority
(SCIDA) for a four-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
District
5
Motion by Chairman
Carey, seconded by Commissioner Dallari, to reappoint Imogene Yarborough to the
Agriculture Advisory Committee for a two-year term; and appoint Barbara Hughes
to Agriculture Advisory Committee for a two-year term, reappoint Gayle Hair to
the Animal Control Board for a one-year term; appoint Jane Hames to the Code
Enforcement Board for a three-year term; reappoint James Depoy and appoint
Daniel Priest to the Contractor Examiners Board for one-year terms; reappoint
Beverly Mason, appoint Caroline Vendenberg and Carole Hinshaw to the Historical
Commission for two-year terms; reappoint Raychel Garcia to the Library Advisory
Board for a two-year term; appoint Victoria Colangelo to the Parks and
Preservation Advisory Committee for a three-year term; appoint Bob Turnage to
the Planning and Zoning Commission for a four-year term; reappoint Michael
Caraway to SCIDA for a four-year term, reappoint Kyle Kilger to Seminole County
Port Authority Board (SCOPA) for a four-year term; and approve appropriate
Resolutions in appreciation for service as follows: Resolution #2018-R-168 to Robert Young, Code
Enforcement Board; Resolution #2018-R-169 to Deborah Schafer, Historical
Commission; Resolution #2018-R-170 to Pasha Baker, Historical Commission;
Resolution #2018-R-171 to Jennifer Fillmon, Parks and Preservation Advisory
Committee; Resolution #2018-R-172 to Jeannie Miller, Planning and Zoning
Commission; and Resolution #2018-R-173 to Matthew Barks, Contractor Examiners
Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman Carey advised she needs to send out two letters in
connection with transportation appointments and requested a motion.
Motion by Commissioner Zembower, seconded
by Commissioner Dallari, to authorize the Chairman to send a letter to
MetroPlan regarding the appointments to the Technical Advisory Committee and
the Transportation Systems Management and Operations Advisory Committee; and a
letter to SunRail in connection with the reappointment of Karla Keeney and
appointment of James Grzesik to the SunRail Citizens Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Chairman
Carey said in regard to two positions on the Animal Control Board, she would
like staff to reach out to the Sheriff’s Department and find out if they plan
to reappoint Bob Hunter or someone new.
Also she asked that staff confirm that the veterinarian, who is
currently Dr. Stephen Wiseman, will continue to serve on that board.
-------
Motion by Commissioner Zembower, seconded
by Commissioner Lockhart, to appoint Attorney Thom Greene to the Law Library
for a three-year term.
Districts
1, 2, 3, 4, and 5 voted AYE.
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Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to ratify the CALNO recommendation to appoint
Altamonte Springs Commissioner Sarah Reese to the Tourism Development Council.
Districts
1, 2, 3, 4, and 5 voted AYE.
Chairman
Carey mentioned she also needs staff to follow up with the City of
Sanford. The current representative is
Jeff Triplett but there may be some term limitations on that. She understands that he was going to discuss
it at the City Commission meeting last night but has not heard back from them
today on who that rep will be, so she wants to make sure they get that
recommendation from the City.
-------
In regard to the Value Adjustment Board,
Chairman Carey noted that Susie Dolan is their citizen representative and they
either need to reappoint her or look for a new citizen appointment. She advised she will follow up on that.
-------
Chairman
Carey stated as is traditional, many of their board appointments and liaison
appointments are the Chairman’s prerogative, but some do require confirmation
by the Board so she is distributing the list (received and filed). She reminded that at the last meeting she asked
that they each provide her with three recommendations and she was able to
accommodate at least two out of three of every request she received. The committee positions have been more
equally distributed and the Commissioners all have six appointments and four or
five alternate positions, so she would need a motion to accept the liaison
appointment list.
Commissioner
Constantine indicated he would like to continue his position on MetroPlan. Discussion ensued. Commissioner Lockhart offered to switch her
appointment to the ECFRPC for the Central Florida MPO Alliance.
Motion by
Commissioner Zembower, to move Commissioner Constantine and himself to the East
Central Florida Regional Planning Council and Commissioner Lockhart to the
Central Florida MPO Alliance.
Motion died for lack
of a second.
Chairman Carey remarked they can wait and approve this at the
next meeting if the majority of the Board wants to. She advised she will be sending the letters
out for the Chairman’s appointments, however, because they do take effect in
January. She noted if someone has a
request, they should send it to her office in writing to be considered before
it comes back to the Board. Commissioner
Constantine reiterated his concern about being taken off of MetroPlan.
COMMUNICATIONS
AND/OR REPORTS
RECEIVED
FROM CHAIRMAN’S OFFICE
The following Communications and/or Reports
were received from Chairman Carey’s Office and filed:
1.
Letter
dated November 12, 2018 to Seminole County BCC from Orange County Environmental
Protection Division RE: a Temporary Point of Compliance for Circle K #2708971
with attachments. C: Susan Fields, FDEP; James Shirk, Southeastern
Petroleum Contractors, Inc., Beni Siersema, Phillips 66 Company; Florida
Department of Health in Seminole County; Central File and Correspondence File.
2.
Letter
dated November 16, 2018 to Chairman from James D. Stansbury, Florida Department
of Economic Opportunity RE: Comprehensive plan amendment No. 18-06 ESR with
enclosures. C: Rebecca Hammock, Seminole County; Hugh W. Harling,
ECFRPC.
3.
Letter
dated November 16, 2018 to Chairman from James D. Stansbury, Florida Department
of Economic Opportunity RE: Comprehensive plan amendment No. 18-05 ESR with
enclosures. C: Rebecca Hammock, Seminole County; Hugh
Harling, ECFRPC.
4. Letter dated November 21, 2018 to Chairman
Carey from Donna Gardner, City of Casselberry City Clerk RE: Annexation
Ordinance No. 18-1498 with ordinance enclosed.
C: Members of the City
Commission; City Manager; Community Development Department.
5. Letter dated November 26, 2018 to Chairman
Horan from Sean Gallagher, District Manager, Florida Department of Agriculture
and Consumer Services RE: 2017/2018 Annual Report for the Florida Forest
Service accomplishments in the Fire Control program with enclosures. C: Bob
Dallari; Lee Constantine; Carlton Henley; Brenda Carey; John Fish, Chief,
Forest Protection.
6. COPY of a letter dated November 29, 2018 from
Christine Watkins RE: cease and desist.
Received by all BCC members.
C: Amy Lockhart; Dr. Walt
Griffin, SCPS Superintendent; Nicole Guillet, County Manager.
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Chairman Carey announced the Executive Session will convene at 8:15
p.m. in Conference Room 3024.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 8:10 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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