BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 13, 2016
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
13, 2016, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court and Comptroller Maryanne
Morse
County Manager Nicole Guillet
Deputy County Attorney Lynn Porter-Carlton
Deputy Clerk Kyla Spencer
Reverend Daniel Smith, Holy Cross Episcopal
Church, Sanford, gave the Invocation.
Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATAIONS
Item #1 – 2016-506
Motion
by Commissioner Henley, seconded by Commissioner Constantine, to adopt
appropriate Resolution #2016-R-193 recognizing Ray Valdes, Seminole County Tax
Collector, for 28 years of distinguished service to the citizens of Seminole
County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Valdes addressed the Board to thank
them for their recognition.
REGULAR AGENDA
Item #1-A – A-3031-16
Nicole Guillet, County Manager, stated the
County received a letter from Ray Valdes, Seminole County Tax Collector, offering to transfer the deeds of four pieces
of property that are _"(2_currently deeded in his
name as _".1__"/1_the Tax Collector. Two
of them are located in _"71__#_Lake Mary,
one of them is in Casselberry, and the fourth piece is _"E1_a vacant _"H1_piece in Altamonte
Springs that is slated to _"M1_have a new
building constructed on _"U1_it for
Tax Collector purposes. In addition to the letter from _"c1_Mr. Valdes, Ms. Guillet noted the Board was forwarded a memorandum
from Thomas Wilkes, GrayRobinson Law Firm, who
offered an opinion on behalf of the County
with respect to the appropriateness _"‚1_of the Board receiving those
deeds. She explained that it_"‰1_She e is Mr. Wilkes’_"Š1_Mr. opinion and the opinion of the County Attorney's _%_Office that _"¢1_it would be appropriate
for the Board to _"«1_accept all four
deeds if that should be the Board's
desire. However, Mr.
Wilkes specifically indicated that _"Á1_the Board should give special consideration to the vacant _"É1_piece in Altamonte
and one piece in Lake Mary which houses a facility for
the Sheriff. Ms. Guillet noted the
Sheriff’s Office leases that facility from the Tax Collector’s Office.
Joel
Greenberg, Tax Collector-Elect,
addressed the Board and stated he is here with
his attorney, Wade Vose, with the purpose to formally
object to the proposed transfer of real estate from the _%_Office he is about to assume. He
opined that it is a bad deal for both sides, there is no
consideration given to the Tax
Collector's Office, and it should be postponed
until he has had the chance
to _#³1_review
all of the details that
are _#º3_attached to the proposal. Mr. Greenberg
explained he has had no access to the office; therefore, he has not had the
ability to offer his input on
what more he could do to make the deal appropriate for both sides. He
stated that if he is given adequate
time, he is confident that there could be a better deal at a better time, which
may include items that are not currently being discussed.
Wade
Vose, 324 W. Morse Boulevard,
addressed the Board and
stated he is a partner with Vose
Law _%_Firm in Winter
Park and represents Mr. Greenberg. He explained he is here today to
urge the Board to vote no on
the outgoing Tax Collector's last minute proposal
and respect the will of the voters. He pointed out that as of
yesterday, the agenda item before the Board was only to consider the
acceptance of two of the four properties owned by the _%_Tax Collector,
so he asked the Board to
adhere to consideration of only the two properties that are listed in the agenda
item. Mr.
Vose stated whenever you are
dealing with millions of dollars in
taxes and the _%¥1_needs of
a vital office for years into the future,
it is prudent to examine all
of the options, impacts, and legal issues with
the _%¹1_stakeholders before making
a _%À1_decision.
Mr. Vose noted that_%Â1_ this proposal was presented
to the Board on November 29th, 14 days ago,_%Ê1_ and the Tax Collector-Elect only received notice of this
proposal 10 days ago. He explained that for eight years
the _%_Tax Collector's
ownership of the Lake Mary property
that_%ú1_ is under consideration has
gone through without any _&%1_concern whatsoever_&)1_. The Board was aware
of the purchase in 2008; and the Department of Revenue (DOR), who regulates the Tax Collector's
budgets, approved that purchase and the expenditure of those funds; and now there
is some emergency need
to jam through this proposal three weeks before the new _%_Tax Collector
is sworn in.
Mr.
Vose s_&Z2_tated Mr. Valdes'
letter proposes a scheme that involves giving property to the County so they can de-annex it from
the City of Altamonte _%_Springs and lower the minimum density on the
property so that the plan that Mr.
Valdes came up with for that
project can be implemented. Mr. Vose explained that the flaw in that idea is that the City of Altamonte Springs
has already told Mr. Greenberg that it will adamantly
oppose and not permit the de-annexation of that property. Mr. Vose opined that
by waiting until the new administration is in place, the proposal can be properly vetted with
all of the parties involved, all of the
options and legal imperatives can be looked at as well as the impacts of those decisions.
With regard to public participation, no one
else in the audience spoke in support or in opposition to Item #1-A and public
input was closed.
Speaker Request Forms were received and
filed.
Lynn Porter-Carlton, Deputy County
Attorney, explained that
the proposal from
the Tax Collector was submitted
to the Count_'¶1_y, and
then the County Manager's
Office_'»2__'½1__'¾1_ requested that the
County Attorney's _%_Office prepare a proposed _%_Resolution for consideration by the Board. The proposal dealt with four
properties: the _%_Tax Collector's branch office in Lake Mary, the Lake
Mary building at Primera that the Tax Collector leases to the Sheriff, the vacant property in _%_Altamonte Springs
and the Casselberry
office. Ms. Porter-Carlton
stated her office was asked to prepare a proposed Resolution on the vacant Altamonte Springs
property and the Primera
property that is leased to the Sheriff.
She informed the Board that _"_that does not mean they can't determine today
that they want
none of the properties, all four
of the properties, or any combination
of the properties. She noted her office would simply
prepare an additional Resolution to suit the Board's vote.
Ms.
Porter-Carlton stated as to Mr.
Vose's point concerning the language regarding
the Altamonte Springs property
in Mr.
Valdes' letter, her office looked at
that as well and agree
that the statement about
de_(•3_-annexing the property
is _(œ1_not something
they would recommend to the Board because it would not be legally appropriate. That
property is subject to an Interlocal
Agreement between the _%_City of Altamonte
Springs and Seminole County that was entered
into some years ago
to _(Ã1_deal with
enclaves. It
would not be appropriate to
de_(Ñ2_-annex that
property if the County took
title to it, so that was not something that the County Manager's
Office or the County Attorney's Office
supported.
Chairman Horan stated the _%_Tax Collector's
balance sheet from the independent auditor's report for last year shows that
the Tax Collector owns no real estate
assets and that its assets are $4.2 million dollars in cash and cash
equivalents. Chairman Horan confirmed with Ms.
Guillet that the properties
were purchased with funds from the General
Fund. Chairman
Horan briefly discussed how the Tax Collector's Office
works and stated at this time, there is going to be nothing other than a conveyance
of title. He
noted that there is a legal
opinion that if the assets
are not being used by
the Tax Collector's Office, then the Tax Collector
is compelled to convey the
property back to the County. Two
of the properties are not being used
for _*|1__#_Tax Collector
purposes at this time.
The Tax Collector doesn't
own _*“1_these
prop_*•1_erties,
and the Tax Collector can't
go _*™1_out and
deal with these properties without the cooperation of Seminole County.
Chairman Horan opined that the people of Seminole
County own these particular assets.
They were purchased with
money from the _*¸1_people of
Seminole County.
Ms.
Guillet stated with respect
to the Tax Collector's_%_ Office,
the property purchases_+A1_ come
from the excess fees. Excess
Fees related to County fees and taxes that are
generated within the Tax Collector's Office are
transferred back to
the General Fund _+v1_of the County budget. If
there is a purchase for
real estate, it would come out of those fees before they get transferred
back. Ms.
Guillet explained it is an element of the County's budget because the County
budgets excess _+’1_fees. Any
purchase of real estate
is a reduction of excess fees that would
come back to the General
Fund.
She clarified that the
County does not transfer money for _+1_the
Tax _%_Collector to
purchase property_+³1_, it comes out of money that would be rightfully
transferred back to the County. Chairman Horan
stated that the properties
belong to the people of Seminole
County and reminded that in looking at
the Comprehensive Annual Financial Report
(CAFR_+¿1__+À1_), the Tax Collector
owns no real property.
Commissioner Carey stated the properties are in the Tax Collector’s
name; however, all of the land owned by any of the governmental agencies is
owned by the people of the County. She
stated she doesn't know why the Tax
Collector's properties don't
show in the CAFR, but she agrees with Ms. Guillet. If the Tax Collector
has a need, and he plans for that need in his budget process to acquire
property and then to build
a _,‹2_building for his use, that just means the County gets less fees. Commissioner
Carey explained that
typically the County gets $4 million to $5
million a year in excess fees from the Tax
Collector's Office; but during the years that this has been going
on, the County has received $2 million. She
asked if Mr. Greenberg,
as the new Tax Collector, is given time to
evaluate his situation and determines that he doesn't need to build a building
in Altamonte Springs and he
decides to dispose
of _-.1_that property, would that property have to come
back to the County
or _-91_would Mr.
Greenberg have the _-<1_opportunity to sell
it _-@1_to someone
on the outside. Ms. Porter-Carlton answered Mr. Greenberg would have the
opportunity to sell it to someone on the outside, but the proceeds would come
back to the County as excess
fees. Commissioner Carey
confirmed with Ms. Guillet
that the Tax Collector has money allocated to
construct a building in the budget for the current year.
Commissioner Constantine stated he agrees
that the properties are owned and purchased by the people of Seminole
County. He explained that they are
talking about two pieces of property that have been owned by the Tax
Collector's Office, in his books, for his use, for a number of years. He opined that the timing seems questionable
and he suggested that the Board give the new Tax Collector the opportunity to
evaluate his office.
Motion
by Commissioner Constantine to deny the transfer of the titles at this time and
give the new Tax Collector the opportunity to evaluate his office and come back
to the Board.
The motion
failed for lack of a second.
Commissioner Dallari asked if this item is time sensitive. Ms.
Porter-Carlton answered her
office was simply asked to prepare a Resolution
to be on this meeting’s
agenda. Ms.
Guillet added she is not
aware of any time
con_/k1_straints related to
this_/q1__/r1_ item. Commissioner
Dallari suggested if it is
not time sensitive, then they should wait until the new _%_Tax Collector
takes office and have him evaluate the issue to see whether or not it is appropriate to transfer the title
over.
Commissioner Carey pointed out that there are a lot of new Constitutional Officers coming in, and the Board's job as County Commissioners is to work with the Constitutional Officers however they need to, to
best serve the people of the County. She
opined that the only concern she has with any of the property would be the
piece that the Sheriff leases
because the Board funds the Sheriff. Commissioner
Carey suggested they would
need to make sure the lease terms are not changed to the detriment of the Sheriff; and if that begins to
happen, that is the time the County
would need to have a public discussion with the Tax Collector.
Commissioner Henley discussed the history
of how the Tax Collector came to have the title to these properties. He stated he respectfully disagrees that the
item is not time sensitive because it is an offer from the current Tax
Collector to correct what Commissioner Henley believes should never have been
done in the first place. Commissioner
Henley stated the County would be better off to go ahead, for the benefit of
the taxpayer, and accept the offer and move on.
The new Tax Collector will have all of the space he needs just as the
County has provided space for all of the Constitutional Officers. He reiterated he believes that the County
should accept the offer. Commissioner
Henley added that the Altamonte Springs property to be developed is in the
wrong place to serve Seminole County.
Motion
by Commissioner Henley to accept the offer of the Honorable Ray Valdes,
Seminole County Tax Collector, which has been deemed legal by the County
Attorney’s Office.
The motion
failed for lack of a second.
Commissioner Carey stated she agrees that it is time
sensitive because _4{1_this is
an offer from the current Tax
Collector, and once he
is out of office then
there is no offer.
She expressed that if the new Tax
Collector comes in and
starts doing things that are detrimental to the public, the County will talk about it at a
public meeting. _%_She opined that it would be
un_4î1_fair to
the Tax Collector-Elect if
the _%_Board does not give
him an opportunity to delve into
this to best serve the needs of the people.
Chairman
Horan asked Commissioner Carey if she agrees that if the
property is titled in the name of the Tax
Collector, then the Tax Collector is not limited next year in what the Tax Collector can do with that property. Commissioner
Carey answered that if it is
in the name of the County,
the Tax Collector would have a difficult
time trying to determine what he is going to do and would have to come and ask
permission of the County to
be able to utilize that property. Chairman Horan explained
there is $3,900,000 budgeted for the construction on the building, the property
had been purchased by the County,
it is in the Tax Collector's name, the Tax Collector wants to go forward and construct the
building next year on that property. He opined that it makes no difference
whether the property is titled under the County or the Tax
Collector. The improvements will still be
put _6L1_on the books
for _%_Seminole County,
the budget is still part
of the Tax Collector’s budget, but
what_6^1_ever redounds
from the excess fees will go
ahead and
be blended into the General
Fund.
Chairman Horan
stated this is not about
limiting the Tax Collector in what he wants to
do. In scores of counties
throughout the state, the property that the Tax Collector
deals with is in the name of the county, the County then appropriates the money for the Tax Collector to
go ahead and operate on those
particular things.
Chairman Horan stated he would entertain a
motion to table this item.
Commissioner
Dallari stated the big issue
is not who owns the property. The big issue is what kind of
relationship the County wants
to have with the new Tax Collector. He
explained that whatever
the vote is, it is going to set the mood of whether or not the County and the
Tax Collector are working together or in different directions. Commissioner
Dallari pointed out that the new Tax
Collector needs to have
time to evaluate
it,_7U1__7V1_ and the County would
want that same common courtesy.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue this item until the new Tax Collector has had appropriate time to come back and
apprise the Board of the
direction they should take.
Under discussion, _%_Commissioner Carey asked if the request would be valid by the time the Board heard the item again since it would be the
request of the former Tax Collector. Ms. Porter-Carlton stated it would not
be the proposal of
Tax Collector Valdes, so to that extent, no. His
pro_7ù2_posal and
his letter is what were brought
to the Board for their
consideration. _%_Chairman Horan
explained the Board is going
to table the issue indefinitely, without prejudice, to whether they are in
favor or not in favor.
Commissioner
Henley explained that the Tax Collector will be able to do his job.
The building is
not built in Altamonte _%_Springs, and
according to the City,
it is not going to
be built on that site
because it does not meet the
requirements of Altamonte Springs_8ž1_. The City has
already said a building will not be built there.
Commissioner Henley agreed that the offer will not be good
if _8²1_the Board
tables it. He stated that the County is _8¸1_not dealing
with the Tax Collector's
right to operate
his _8Â1_office. He
still has two buildings;
one of which the County owns
that is not being used
by _8Ó1_the Tax
Collec_8Ô1_tor but has
been rented to the Sheriff_8Ú1__8Û1_, which
the County is paying for. Commissioner Henley opined that the simplest thing
to do would be to go ahead
and _8ð1_accept the
offer, and the
opinion of County
staff and the opinion
of a third attorney _9$1_was that it is perfectly
legal to do so. He added he would like to have an idea of
what type of deal
Mr. Greenberg
is talking about because
this isn't a deal situation.
Chairman
Horan _%_expressed that he has the same concerns and doesn't think
that anything the Board does
today is going to im_9š1_pair the
Tax Collector in
performing his operations in Office. He added that this is a ministerial
type of situation to clean things up.
Commissioner Constantine stated he believes that the new Tax Collector
has _:g1_already suggested
that he is willing
to _:v1_look at
this issue when_:y1_ he
gets into office. He opined that this is not time sensitive and can be done at any time. He reiterated that the Board wants to have a positive
working relationship with all of the
Constitutional Officers. Commissioner
Constantine stated that this
duly elected official has the right to
look at his office,
evaluate
it _:È1_and decide
what he feels is
the best in moving forward and he should work with the County in _:Û1_doing that.
He noted he
agrees with Commissioner Henley that maybe the Altamonte Springs
building shouldn't be built,
and he believes that that property may be in
the wrong place, but that
will be an evaluation of
the Tax Collect_;F1_or, who will hopefully work with the County on
this.
Chairman Horan asked if there was any
further discussion on the motion to table the Item.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley voted NAY.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Paul Mitchell The School, Orlando, was presented.
AWARDS AND PRESENTATIONS (CONTINUED)
Item #2 – 2016-504
Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to adopt
appropriate Resolution #2016-R-194 recognizing Ruth Hazard for 33 years of
service and dedication to Seminole County and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Hazard addressed the Board to thank
them for their recognition.
-------
Item #3
– 2016-496
Motion by
Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2016-R-195 recognizing Toni Rowland, Resource Management
Department, for 35 years of service to Seminole County Government and its
citizens.
Districts 1, 2, 3, 4 and
5 voted AYE.
Ms. Rowland addressed the Board to express
her appreciation.
-------
Item #4
– 2016-485
Motion by
Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate
Resolution #2016-R-196 recognizing Raoul “David” Muniz, Public Works
Department, for 30 years of service to Seminole County Government and its
citizens.
Districts 1, 2, 3, 4 and
5 voted AYE.
Mr. Muniz addressed the Board and discussed
the history of the fiber-optic network.
-------
Item #5
- 2016-507
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2016-R-197 recognizing the efforts of volunteer-based organizations
following Hurricane Matthew.
Districts 1, 2, 3, 4 and
5 voted AYE.
Alan Harris, Emergency Management, Program
Manager, addressed the Board and thanked all of the organizations for their
service.
-------
Chairman Horan recessed the meeting at
10:46 a.m.; reconvening at 10:55 a.m.
-------
Chairman Horan recessed the meeting of the
Board of County Commissioners at 10:55 a.m., and convened as the U.S. Hwy 17-92
Community Redevelopment Agency.
U.S. 17-92 CRA
Agenda Item #6 – A-2912-16
Tricia Setzer, Economic Development, Chief Administrator,
on behalf of Sonia Fonseca, CRA Program Manager, addressed the Board to present
the request as outlined in the Agenda Memorandum.
Ms. Setzer advised the CRA approved the
request for funding to design and construct Spartan Drive improvements on
October 14, 2014. However, delays
resulting from the widening of U.S. 17-92 by FDOT require reallocation of
funds. Therefore, staff recommends
approval of the reallocation to complete the left-only turn lane.
Motion
by Commissioner Carey, seconded by Commissioner Constantine, to approve the reallocation
of funding requested by Seminole County to complete the design and construction
of a left-only turn lane at the intersection of Spartan Road and U.S. 17-92 at
a cost not to exceed $375,000.
With regard to public participation, no one
spoke in support or in opposition and public input was closed.
Commissioner Dallari confirmed with Jean
Jreij, Director of Public Works, that the cost includes any and all utility
relocations.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item #6A – A-3056-16
Pamela Lynch, Economic Development,
Business Development Manager, on behalf of Sonia Fonseca, CRA Program Manager, addressed
the Board to explain that traditionally the CRA has carryforward funds that are
attached to various projects that are not yet expended. This is necessary because the CRA operates on
a reimbursement basis for multi-year projects.
Staff recommends the Board approve and authorize the Chairman to execute
a Resolution implementing FY 2016/17 Budget Amendment Request (BAR) #17-022
through the 17-92 CRA fund in the amount of $5,504,076 to carryforward project
balances from FY 2015/16 to FY 2016/17.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to approve appropriate
Resolution #2016-R-198 implementing FY 2016/17 Budget Amendment Request (BAR)
#17-022 through the 17-92 CRA Fund in the amount of $5,504,076 to carryforward
project balances from FY 2015/16 to FY 2016/17.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Horan adjourned the meeting of the
U.S. 17-92 Community Redevelopment Agency at 11:00 a.m., and reconvened the
meeting of the Board of County Commissioners.
-------
Ms. Guillet stated there are
two _@ü3_deletions from the Consent Agenda: Item
#7, Zoo Lease,
which will be brought back
to the Board for consideration
on January 10; and Item #31, Investment Policy,
which will be brought back to the Board
for consideration on January
24. There are four additions to the _%_Consent Agenda: Item
#12-A, Employee Benefit Plans;
Item _%_#12-B, authorization of golf cart use in relation to a tournament along South Sylvan Lake
Road; _%_Item #21-A,
acceptance of additional funds for the SHIP
Program; and Item #38-A, proposed Budget Amendment
and authorization for an Amendment
to the Grant Agreement with Leadership _%_Seminole relating to the _%_homelessness strategy.
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.
COUNTY
MANAGER’S CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve
the following:
County
Manager’s Office
Business
Office
7. Pulled from the Agenda request to
approve the Third Amendment to the Lease Agreement with the Central Florida
Zoological Society, Inc. (A-3019-16)
Animal
Services Division
8. Approve and
authorize the Chairman to execute the Mutual Termination Agreement for crematorium
use with the Pet Alliance of Greater Orlando, Inc. (A-2901-16)
9. Approve and
authorize the Chairman to execute an Interlocal Agreement with the Seminole
County Sheriff’s Office re: public service
workers and the Seminole County Animal Services Division. (A-3025-16)
Economic
Development Division
10. Approve
the funding request from Hispanic Business Initiative Fund of Florida, Inc.
(HBIF), in the amount of $60,000, to provide bilingual business training
services. (A-2969-16)
11. Approve
and authorize the Chairman to execute the Partnership Agreement between
Seminole County and the University of Central Florida Research Foundation,
Inc., in the amount of $240,000, for FY 2016/17, for the purpose of supporting
the UCF Business Incubator - Winter Springs.
(A-2854-16)
Community
Services
Emergency
Management Division
12. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-199 and
the Intergovernmental Communications Tower Lease Agreement between Seminole
County and Volusia County. (A-2899-16)
Human
Resources Division
12A. Approve
the renewal of the following employee benefit plans and authorize the County
Manager to execute required documents: Long-Term Disability (Reliance Standard
Exhibit A), Basic Life Insurance (The Standard Exhibit A), Supplemental Life
Insurance (The Standard Exhibit A), Voluntary Short-Term Disability (The
Standard Exhibit A), Flexible Spending Accounts (Chard Snyder Exhibit A), COBRA
Administration (Chard Snyder Exhibit A).
(A-3043-16)
Tourism
Division
12B. Approve
appropriate Resolution #2016-R-200 providing authorization to allow tournament
staff and personnel to drive event golf carts on the section of Lake Markham
Road and South Sylvan Lake Drive as more specifically depicted on the attached
Exhibit A. (A-3048-16)
Business Office
13. Approve and authorize the
Chairman to execute appropriate Resolution #2016-R-201 to amend Administrative
Code Section 4.6(C) Membership Structure and appoint the new representatives for
vacant board positions in accordance with the guidelines established as
follows: Gina Creighton, Sarah Lightell,
and June Wilson. (A-2893-16)
14. Approve an Amendment to the
current approved Citizen Participation Plan in order to be consistent with
updated regulatory requirements established by the U.S. Department of Housing
and Urban Development (HUD), and authorize Community Services Department staff
to submit a copy to HUD. (A-3029-16)
15. Approve and authorize staff to submit the
Consolidated Annual Performance Evaluation Report (CAPER) to the U.S.
Department of Housing and Urban Development (HUD) consistent with regulatory
reporting requirements, and subject to administrative adjustments per HUD
directives, to meet the December 30, 2016, deadline. (A-2952-16)
Community
Assistance Division
16. Approve and
authorize the Chairman to execute the Federally Funded Subgrant Agreement for
the 2016-2017 Community Services Block Grant (CSBG) Award between the State of
Florida Department of Economic Opportunity and Seminole County in the amount of
$439,978, to provide a range of services and activities to support low income
residents of Seminole County; and execute appropriate Resolution #2016-R-202
implementing Budget Amendment Request (BAR) #17-016 to recognize grant funding
and establish budget. (A-2953-16)
17. Approve and authorize the Chairman to execute
the First Amendment to Seminole County and The Foundation for Seminole County
Public Schools Community Services Funding Agreement FY 2016-2017 to amend the scope
of services. (A-2978-16)
18. Approve and authorize the Chairman to execute
an Agreement with the Homeless Services Network of Central Florida for
Emergency Solutions Grant (ESG) Funds in the amount of $52,008, to be used for rapid
re-housing for homeless households in Seminole County. (A-3024-16)
Community
Development Division
19. Approve and
authorize the Chairman to execute the First Amendment to the State Housing
Initiatives Partnership (SHIP) Program Agreement between Seminole County and
the University of Florida Board of Trustees for the purpose of administration
and operation of a Housing Counseling Services program. (A-2699-16)
20. Approve and
authorize the Chairman to execute the Central Florida Commission on
Homelessness Community Services Funding Agreement, FY 2016-2017 in the amount
of $44,000, to provide advocacy services for the homeless population in Central
Florida. (A-2995-16)
21. Approve and accept the Neighborhood
Stabilization Program (NSP) Snapshot/Report pursuant to Seminole County
Resolution #2013-R-61. (A-2987-16)
21A. Approve and authorize the Chairman to execute
the State Housing Initiatives Partnership (SHIP) Program 2016-2017 Funding
Certification form to receive additional funds in the amount of $360,363, which
increases the total allocation to $2,810,498; execute the Housing Counseling
Funding Certification to allow Seminole County to obtain an additional $63,357
in special funding as a result of the National Mortgage Settlement; and adopt appropriate
Resolution #2016-R-203 implementing Budget Amendment Request (BAR) #17-020 to
establish these budgets. The funds will
be used in accordance with the SHIP Statute, administrative rules and the
Seminole County 2016-2019 Local Housing Assistance Plan. (A-3038-16)
Development Services
Planning & Development Division
22. Approve the plat
for the Gillio Estates subdivision containing two (2) lots on 2.63 acres zoned
A-1 (Agriculture), located on the west side of Lake Markham Road, north of
Markham Road; Matthew Gillio, Applicant.
(A-2635-16)
23. Approve the plat for the Seranza Park
subdivision containing ten (10) lots on 4.62 acres zoned R-1 (Single-Family
Dwelling), located on the south side of Dike Road, approximately 1,500 feet
west of Dodd Road; Jay Barfield, Applicant.
(A-2927-16)
24. Authorize the Chairman to execute the Release
of Lien for Code Enforcement Board Case No. 06-03-CEB, at 118 Highland Dr.,
Fern Park; John E. Jane, Owner. (A-2894-16)
Environmental
Services
Solid
Waste Management Division
25. Approve renewal
of the Non-Exclusive Franchise Agreement for commercial solid waste collection
service with Republic Services from December 13, 2016, to September 30,
2017. (A-2962-16)
Leisure Services
Parks
& Recreation Division
26. Adopt and
authorize the Chairman to execute appropriate Resolution #2016-R-204 amending
certain fees set forth in Section 20.35 of the Seminole County Administrative
Code related to Leisure Service Programs, Facility Rentals, Administrative and Deposits
and Cancellations. (A-3011-16)
Public Works
Engineering
Division
27. Adopt
appropriate Resolution #2016-R-205 and authorize the Chairman to execute a
County Deed conveying property (Parcel Number 116.1R) for the SR 429 (Wekiva
Parkway) Right-of-Way Project; FDOT FPN 240200-2. (A-2887-16)
Traffic Engineering Division
28. Approve and
authorize the Chairman to execute the State of Florida Department of
Transportation (FDOT) Amendment to the Traffic Signal Maintenance and
Compensation Agreement, with the revision concerning annual updates to the list
of traffic signals and devices in the County. (A-3009-16)
Resource Management
Business Office
29. Approve the
County’s Workers Compensation, Property, Casualty Package, Boiler and
Machinery, Cyber and Internet Liability, Pollution Liability Insurance, and
Federal Flood Insurance Programs for calendar year 2017; and authorize staff to
bind coverages effective January 1, 2017.
(A-3012-16)
30. 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, 2017, to
December 31, 2017. Stop-Loss insurance provides protection for a self-funded
plan in order to protect the County against catastrophic claims. (A-2989-16)
Budget & Fiscal Management Division
31. Pulled
from the Agenda request to adopt a Resolution amending Section 3.35 of the
Seminole County Administrative Code regarding the County’s Investment Policy
and selection of a County Investment Advisor.
(A-3028-16)
32. Adopt
appropriate Resolution #2016-R-206 amending Section 20.1 of the Seminole County
Administrative Code to provide for the following: payment by charge cards and electronic funds
transfers; clarification of county policy concerning conveyance fees; authority
to the County Manager and the Board of County Commissioners to set a maximum
for such convenience fees; and an effective date. (A-2757-16)
33. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-207
implementing Budget Amendment Request (BAR) #17-013 through the Public Works
Grant Fund in the amount of $247,000, to recognize grant revenue for the SR 46
at Rinehart and SR 46 at Towne Center (Hickman) signal projects (FPN#
439277-1-58-01), and to provide additional funds for the SR 434 at Orange Avenue
signal project through the 2014 Infrastructure Sales Tax Fund in the amount of
$91,000. (A-2954-16)
34. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-208
implementing Budget Amendment Request (BAR) #17-014 through the 2001
Infrastructure Sales Tax Fund in the amount of $167,000 from fund balance for
the Spring Lake Elementary Sidewalk Project.
(A-2957-16)
35. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-209
implementing the Budget Amendment Request (BAR) #17-015 through the General
Fund to appropriate budget of $25,000 from reserves for Moore Stephens
Lovelace, P.A., to perform an audit of the Seminole County Clerk of the Circuit
Court’s operations for the period October 1, 2016, through December 31,
2016. (A-2963-16)
36. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-210 implementing
the Budget Amendment Request (BAR) #17-017 through the General Fund to
appropriate budget of $62,400 from reserves for consulting services related to
Hurricane Matthew, a portion of which is eligible for FEMA
reimbursement. (A-2994-16)
37. Approve and authorize the
Chairman to execute the Grant Award in acceptance of the terms and conditions
for the Gopher Tortoise Habitat Management Grant in the amount of $15,000 from
the Florida Fish and Wildlife Conservation Commission (FWC); and authorize the
County Manager to execute any related documents; and execute appropriate
Resolution #2016-R-211 implementing Budget Amendment Request (BAR) #17-018
through the Natural Lands Endowment Fund, in the amount of $15,000 to recognize
grant funds and establish budget. (A-2990-16)
38. Approve and authorize the
Chairman to execute appropriate Resolution #2016-R-212 implementing the Budget
Amendment Request (BAR) #17-019 through various Funds in the amount of $375,000,
to recognize additional revenues from investment management services provided
by the County's investment advisor at a fee of 3/100 of 1% of investable funds. (A-2998-16)
38A. Approve and authorize the
Chairman to execute appropriate Resolution #2016-R-213 implementing Budget
Amendment Request (BAR) #17-021 through the General Fund to appropriate $60,000
from reserves to fund a second amendment to the Grant Agreement with Leadership
Seminole, to provide for continuing implementation of the Homelessness Strategy
developed under the original grant; and authorize the County Manager to prepare
and execute the associated grant amendment documents. (A-3039-16)
Purchasing
& Contracts Division
39. Approve Amendment #1 to
PS-8072-12/RTB, Engineering Services Agreement Traffic Signal Retiming with
Albeck Gerken, Inc. of Tampa, to increase rates as identified in the revised
Exhibit C to the Amendment. (A-2966-16)
40. Award RFP-602671-16/GCM, Term
Contract for Socio Economic Data Services to The Balmoral Group, LLC, Winter
Park; and authorize the Purchasing & Contracts Division to execute the Agreement.
The estimated annual usage for this project is $30,000. (A-2892-16)
41. Approve Work Order #15 (CUP
8213 Monitoring) under PS-9738-14/JVP, General Environmental Consultant
Services Agreement with Vanasse Hangen Brustlin, Inc. (VHB, Inc.) of Orlando,
in the amount of $103,705.84; and authorize the Purchasing & Contracts
Division to execute the Work Order. (A-2971-16)
42. Approve Work Order #4, Yankee
Lake Motorola MOSCAD Replacements in the amount of $182,932.05; Work Order #5,
Greenwood Lakes Motorola MOSCAD Replacements in the amount of $119,119.75; and
Work Order #6, FY 17 SCADA and Control Systems Repairs, in the amount of $100,000
under RFP-9601-14/AMM, SCADA Asset Renewal, Rehabilitation and Replacement
Services, with Revere Control Systems, Inc. of Birmingham, AL; and authorize
the Purchasing & Contracts Division to execute the Work Orders. (A-2970-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
ATTORNEY’S AGENDA
Agenda
Item #43 – A-2914-16
Ms. Porter-Carlton stated Item #43 concerns the Legacy Point at
UCF Project. This item is a Resolution
for consideration by the Board
authorizing the issuance and
sale of revenue bond anticipation notes by the Seminole County Industrial
Development Authority (SCIDA). This
is required by Section 147(f)
of the Internal Revenue Code as amended.
The required Public Hearing was held this morning and Ms. Porter-Carlton served as the authorized designated
hearing officer on behalf of the County. She
noted that no members of the public submitted comments at that Public Hearing, and it would be appropriate at this time for
the Board to consider
adoption of the Resolution.
Motion by Commissioner Dallari, seconded by Commissioner
Constantine, to approve and authorize the Chairman to execute appropriate
Resolution #2016-R-214 authorizing the issuance and sale of Revenue Bond
Anticipation Notes (for the Legacy Pointe at UCF Project) by the Seminole
County Industrial Development Authority (SCIDA), for the principal purpose of
loaning the proceeds thereof to CCRC Development Corporation, to finance
certain capital pre-construction development costs related to the acquisition,
construction, renovation and equipping of certain senior housing and health
care facilities, and to purchase the land on which such facilities will be
located.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item #44 – A-3030-16
Ms. Porter-Carlton stated this item is for consideration
by the Board _B€1_for approval
to _B„1_pay attorney fees to two
law _B‹1_firms,
Gray_B3_Robinson and The
Law _%_Offices of Frank Kruppenbacher, PA. The
in_B™2_voices are
attached to the Agenda Item. She
explained that the only
portion that the County Attorney's _%_Office has
not _B«3_approved was a line item
on Mr. Kruppenbacher's invoice that was
for estimated future services not
yet _BÄ1_performed.
She stated staff recommends approval _BÎ1_of the GrayRobinson
invoice in the amount of $9,153.90 and the reduced amount of Mr. Kruppenbacher's invoice of $9,200.
Commissioner Dallari stated he will be filing a Voting Conflict
Form and explained that as a
Board member of the County Commission, he was under consideration of this payment
of attorney fees in defense
of a motion in which he was
named in both his individual capacity and official capacity as a County Commissioner. He added he was dismissed in that
lawsuit; but because he was named in the lawsuit, he must abstain from this
vote.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve
payment of attorney fees to GrayRobinson in the amount of $9,153.90 and The Law
Office of Frank Kruppenbacher, P.A. in the amount of $9,200.
Commissioner Dallari abstained from voting. Voting Conflict Form was received and filed.
Districts 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
Clerk’s
Office
45. Approve Expenditure
Approval Lists dated November 1, 8, 14, and 21, 2016; Payroll Approval List
dated November 17, 2016; and the BCC Official Minutes dated October 25 and
November 15, 2016. (A-3006-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The Board noted, for
information only, the following Clerk’s “Received and Filed”:
1. Interoffice Memorandum (undated) from Human
Resources Manager to Department Directors and Division Managers listing 2017
holidays for county personnel.
2.
Letter dated November 4, 2016 from
the County Attorney to GrayRobinson Law Firm regarding the terms of the firm’s
engagement as special counsel to Seminole County.
3.
Letter dated November 8, 2016 from
Foley & Lardner LLP to the County Attorney regarding terms of the firm’s
ongoing representation for a new engagement with attached Standard Engagement
Agreement dated February 4, 2013.
4.
Letter dated October 31, 2016 from
Judy Eckenroth, Tax Deed Clerk, to the Board of County Commissioners re: Tax Certificate for Lands Available for Taxes
Listing, Tax Deed Sale of September 29, 2016, Parcel ID Nos.
35-19-30-517-1300-0140, 32-19-31-513-0000-0350, 33-19-31-300-041F-0000,
33-19-31-507-0000-0450, and 15-20-32-300-0010-0000.
5.
Letter dated November 17, 2016 from
Gilmore & Bell PC to Clerks of the Circuit Court and Comptrollers of
Seminole County and of Palm Beach County regarding Interlocal Agreement dated
October 11, 2016 between Seminole County and Palm Beach County Health
Facilities Authority.
6.
Letter dated November 8, 2016 from
City Clerk, City of Longwood, to Clerk of the Circuit Court, Seminole County,
regarding annexation Ordinance No. 16-2 in connection with Parcel No.
36-20-29-508-0X00-026A.
7.
Florida Public Service Commission
Order #PSC-16-0496-CO-GU, Consummating Order regarding joint petition for
approval of swing service rider, Docket #160085-GU, issued October 28, 2016.
8.
Florida Public Service Commission
Order #PSC-16-0505-PAA-WS, Order Granting Increase in Rates and Requiring
Four-Year Rate Reduction regarding application for limited proceeding water
rate increase, Docket #150269-WS, issued October 31, 2016.
9.
Florida Public Service Commission
Order #PSC-16-0497-CO-EI, Consummating Order regarding petition for approval of
modification to and extension of the approved economic development and
redevelopment rider experimental pilot tariffs, Docket #160173-EI, issued
October 28, 2016.
10.
Florida Public Service Commission
Order #PSC-16-0513-CO-EI, Consummating Order regarding petition for approval of
2016 revisions to underground residential and commercial differential tariffs,
Docket #160071-EI, issued November 16, 2016.
11.
Seminole County Water and Sewer Fund
Special Purpose Financial Statements, Years Ended September 30, 2014 and 2013.
12.
Audit Report No. 110116, Special
Review of Senior Florida Retirement Selection (FRS), from the Clerk of the
Circuit Court & Comptroller.
13.
Tourist Tax Funding Agreement for
2016 Top Gun Turkey Shootout with Nations Baseball of Greater Orlando, Inc.
14.
Tourist Tax Funding Agreement for
2016 High School Fall Nationals with Florida Travel Ball, Inc.
15.
Tourist Tax Funding Agreement for
2016 Pride and Glory Baseball Tournament with Nations Baseball of Greater
Orlando, Inc.
16.
Tourist Tax Funding Agreement for
2016 Thanksgiving Turkey Shootout with Florida Half Century Amateur Softball
Association, Inc.
17.
One Year Action Plan 2016-2017 Grant
Forms: Funding Approval/Agreements (2) and Funding Agreement and HOME
Investment Partnerships Agreement with the U.S. Department of Housing and Urban
Development; as approved by the BCC on August 9, 2016.
18.
2016-2017 Community Services Agency
(CSA) Partnership Grant Agreements approved by the BCC on August 9, 2016 with
the following agencies: Seminole County
Victims’ Rights Coalition, Inc. d/b/a Safehouse; Catholic Charities of Central Florida,
Inc.; The Foundation for Seminole County Public Schools, Inc. (Midway Safe
Harbor); Seniors First, Inc.; IMPOWER, Inc.; Kids House of Seminole, Inc.;
Meals on Wheels, Etc., Inc.; Rescue Outreach Mission of Central Florida, Inc.;
The Christian Sharing Center, Inc.; The Seminole County Coalition for School
Readiness, Inc. d/b/a The Early Learning Coalition of Seminole; Recovery House
of Central Florida, Inc.; Seminole County Bar Association Legal Aid Society,
Inc.; The Kathleen Anderson Comprehensive Work Center, Inc. d/b/a Seminole Work
Opportunity Program (SWOP); Heart of Florida United Way, Inc.; Lighthouse
Central Florida, Inc.; and Boys & Girls Clubs of Central Florida, Inc.
19.
Maintenance Bonds as follows: Mitchell Creek f/k/a Dr. Edwards Stoner Way,
#SU1140629, $1,802.61; La Amistad Dodd, $45,000; Foster’s Grove Phase I,
#SUR0035898, $12,582; SR 46 Wawa, $1,163.50; Tuskawilla Estates, $38,219.52;
Hobby Lobby, $8,370; and Seranza Park, $9,362.40.
20.
Cash Maintenance Bond and Escrow
Agreement for Paving and Drainage Improvements at Galileo Charter School for
Gifted Learning in the amount of $9,243.
21.
Water and Sewer Bill of Sales for
the following projects: Seranza Park
(Morris Realty of Orlando LLC), Hobby Lobby (Equity One); and Tuscawilla
Estates (Meritage Homes of Florida).
22.
Addendum #1 to Developer’s
Commitment Agreement and Development Order #16-20500041, Island & Village
of Geneva Rural Heritage Center, Inc.
23.
Development Order #16-27500032,
Geneva General Store, Fenceline Holdings LLC.
24.
Parks Contract for Services for Amy
Thomas.
25.
Work Order #20 to PS-0009-15 with
Pegasus Engineering, Inc.
26.
Amendment #2 to M-0134-15 with GAI
Consultants, Inc.
27.
Closeout to CC-0639-15 with Atlantic
Civil Constructors Corp.
28.
Amendment #5 to Work Order #2 to
PS-4202-09 with Dewberry Bowyer-Singleton.
29.
Amendment #8 to Work Order #32 to
PS-5190-05 with CH2M Hill Engineers, Inc.
30.
Amendment #1 to Work Order #33 to
PS-5190-05 with CH2M Hill Engineers, Inc.
31.
Work Order #26 to PS-7643-12 with
Southeastern Surveying and Mapping Corp.
32.
Amendment #1 to Work Order #51 to
PS-8148-12 with CDM Smith, Inc.
33.
Amendment #2 to Work Order #54 to
PS-8148-12 with CDM Smith, Inc.
34.
Amendment #2 to Work Order #58 to
PS-8148-12 with CDM Smith, Inc.
35.
Change Order #5 to Work Order #2 to
RFQ-9093-13 with Wharton-Smith, Inc.
36.
Change Order #1 to Work Order #4 to
RFQ-9093-13 with Wharton-Smith, Inc.
37.
Work Order #24 to CC-9192-13 with
M&J Enterprises International Inc.
38.
Change Order #7 to CC-9226-14 with
Halifax Paving.
39.
Amendment #5 to Work Order #2 to
RFP-9601-14 with Revere Controls Systems, Inc.
40.
Work Order #13 to PS-9738-14 with
Vanasse Hangen Brustlin, Inc.
41.
Work Order #14 to PS-9738-14 with
Vanasse Hangen Brustlin, Inc.
42.
Amendment #1 to Work Order #1 to
RFP-9948-14 with CH2M Hill Engineers, Inc.
43.
Fourth Amendment to IFB-601852-13
with Adapco, Inc.
44.
Second Amendment to IFB-602286-15
with Precision Power Services, Inc.
45.
Second Amendment to RFP-602324-15
with Major Display, Inc.
46.
First Amendment to IFB-602326-15
(Secondary) and First Amendment to IFB-602239 with Hertz Equipment Rental
Corporation.
47.
First Amendment to IFB-602346-15
with Traffic Control Devices, Inc. and Chinchor Electric, Inc.
48.
First Amendment to IFB-602373-15
with Ameriscapes Landscape Management Services, LLC.
49.
Bids for RFP-602672-16 from Presidio
Networked Solutions LLC and Elert & Associates.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Motion by
Commissioner Dallari, seconded by Commissioner Carey, to approve the following:
Sheriff’s
Office
46. Approve
the expenditure of $2,500 from the Law Enforcement Trust Fund to provide a
contribution to the South Seminole Sertoma Club. (A-3003-16)
47. Approve
the expenditure of $5,000 from the Law Enforcement Trust Fund to provide
funding in support of the Central Florida Crimeline Program. (A-2999-16)
48. Approve
the expenditure of $5,000 from the Law Enforcement Trust Fund to provide a
contribution to the Camaraderie Foundation in support of programs for military
personnel and their families. (A-2975-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA (Continued)
Item
#49 – A-2896-16
Patt
Hughes, Planning & Development, addressed the Board to present the item as
outlined in the Agenda Memorandum. She
stated that on October 28, 2016, Robert R. Ray submitted a request for a waiver
of a $117,525 lien based on a financial hardship. Staff recommends approval of a total waiver
to the Code Enforcement Board lien of $117,525.
Robert
R. Ray, 125 Ellington Place, addressed the Board to state it was due to
financial hardship and an inability to sell a second home that he had from his
father’s passing. The initial notice of
the lien was sent to the property address, which was vacant and has remained
vacant since he passed in 2007. Chairman
Horan confirmed this arose out of a probate situation from his father’s death.
Kimberlee
Frank, 3220 Town and County Road, addressed the Board and stated she is the
buyer and is ready to close on the property as soon as the Board rules on the item.
Speaker
Request Form was received and filed.
With
regard to public participation, no one else spoke in support or in opposition
and public input was closed.
Motion
by Commissioner Henley, seconded by Commissioner Constantine, to approve a reduction
to the Code Enforcement Board lien, from $117,525 to the total administrative
costs of $603.19, for Case #12-06-CEB, on the property located at 1323 Chipola
Trail, Maitland, Tax Parcel ID #20-21-30-506-0400-0040, owned by Robert R. Ray
II; require this reduced amount to be paid within 30 days, or the lien will
revert to its original total amount of $117,525; and authorize the Chairman to
execute the Release of Lien upon payment in full.
Commissioner Carey
asked if the closing would occur within 30 days, and Ms. Frank answered the
closing can occur today if they get the order.
Districts 1, 2, 3, 4
and 5 voted AYE.
-------
Item
#50 – A-2895-16
Ms.
Hughes addressed the Board to review the Item as outlined in the Agenda Memorandum. She stated that on October 31, 2016, Kenneth
Vitagliano submitted a
request for a total waiver of the $24,750 lien and reimbursement of the
application fee based on a financial hardship.
Staff recommends the Board approve a total waiver of the
Code _%_Enforcement Board lien of $24,750.
Commissioner Carey asked if the property has
been in continuous compliance since 2010; and Ms. Hughes
answered for this case,
yes. Ms. Hughes
explained there is an older case from 1999 that is not in compliance, but Mr. Vitagliano
informed her that he is working to get that in compliance and then he will
request a waiver on that lien as well. Commissioner Carey asked what the issue with the
other property was. Ms. Hughes informed her it was building construction
without the required permits. Her understanding is that Mr. Vitagliano removed some siding from the house without a
building permit.
Commissioner Carey inquired if there is a lien
continuing to accrue, and Ms.
Hughes informed her there
is. Ms. Hughes
stated the other lien is from 1999, but he could not apply for a reduction on
that because it is not in
compliance yet. _%_Commissioner Carey asked if the lien
for the item today was
construction without a permit. Ms. Hughes answered yes, building and reroofing a shed without a permit. Commissioner
Carey confirmed with Ms. Hughes that Mr. Vitagliano brought this case into
compliance because he got a permit in 2010.
Commissioner Carey asked in regard to the 1999 case if Mr. Vitagliano has put new siding up, and Ms. Hughes answered no.
Commissioner Carey inquired how someone gets
into compliance when they removed siding back in 1999. Ms.
Hughes explained they would
have to obtain a permit and replace the siding.
Tom Helle, Building Division,
addressed the Board and
explained that right now Mr. Vitagliano does not have siding on
the house but he does have the felt paper which keeps it dry, so he is not in
current violation other than removing the siding. The
way to correct the violation is to put the siding back with a permit. Commissioner
Carey confirmed with Mr. Helle that the County
requires a permit to remove siding even if someone isn't replacing it. She
asked if Mr. Vitagliano could come get a permit
to remove the siding and not replace it.
Mr. Helle answered that is a
possibility.
Commissioner Carey stated_Fã1_ the County is having
him make an application, he probably hasn't figured out how to try to bring this into compliance and it doesn't sound like anybody is trying to help
him. She
opined that this can be solved by
simply applying _G/1_for a
perm_G21_it and
not _G51_replacing
the _G92_siding rather than have a
lien continue to
accrue, in which
case he would have to pay another $500 and ask the Board to waive the fee. She stated as part of her
recommendation she would like to suggest that County staff reach out to Mr. Vitagliano
and help him get through the
process of making an application for a permit to remove the siding without
replacing it and solve this issue. She reminded staff that the County is here to help people.
Motion by Commissioner
Carey to approve a total waiver of the Code Enforcement Board lien of $24,750, and
reimburse the $500 application fee for Case #09-141-CEB, on the property
located at 161 Nova Drive, Sanford, Tax Parcel ID #21-19-29-5UM-0000-0030, and
authorize the Chairman to execute the Release of Lien, Kenneth Vitagliano,
Owner; and the County Manager will direct staff to immediately reach out to the
owner to resolve the 1999 issue and bring that back to the Board without
forcing him to pay a $500 application fee.
The
motion failed for lack of a second.
Commissioner
Dallari stated he thinks they
are two separate items. He is moving in the direction that Commissioner Carey is going but thinks that the
second $500 needs to be considered when Mr. Vitagliano
comes back. Commissioner Carey
explained that it is forcing him to pay the $500 as an application fee, and he
gets around $300 a month to live on and would have to ask for the fee to be reimbursed due to a
medical hardship. Chairman
Horan stated they need to try
to clear up both of the problems to the extent that they can either batch these
with the waiver of a fee or excuse of the fee.
He asked the County Manager for her suggestion. Ms.
Guillet suggested if the
concern is having $500 up front to resolve the upcoming issue, the Board could prospectively waive it
or they could credit the $500 that he has paid with the request on today's agenda to the second request and reimburse it when the
other issue comes back to the Board. Commissioner
Carey pointed out her issue
with that is Mr. Vitagliano may be anticipating the
money. Ms. Guillet
stated since circumstances may change, the Board can consider that Mr. Vitagliano come before the Board within
the next six months in order to get that waiver and that way, there isn't a
perpetual waiver of that fee and he will need to take action on it.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to approve a total waiver of the Code Enforcement
Board lien of $24,750, and reimburse the $500 application fee for Case
#09-141-CEB, on the property located at 161 Nova Drive, Sanford, Tax Parcel ID
#21-19-29-5UM-0000-0030, authorize the Chairman to execute the Release of Lien,
Kenneth Vitagliano, Owner; the County Manager will direct staff to reach out to
the owner immediately to resolve the 1999 issue; and if it comes back before
the Board within the next six months, the $500 application fee shall be waived.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Chairman
Horan announced there is one continuance for the 1:30 p.m. meeting. Ms. Guillet advised it is for Item #54,
Chapman Apartments. Commissioner Carey
confirmed with Ms. Guillet that all of the people who have an interest in that
item have been notified.
-------
The Board recessed the meeting at 11:24
a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials with the exception of Clerk of Court
Maryanne Morse, who was absent, and Deputy Clerk Kyla Spencer who was replaced
by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS
OF PUBLICATION
Motion by
Commissioner Henley, 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.
PUBLIC
HEARINGS
PROPOSED
EVALUATION AND APPRAISAL
BASED AMENDMENTS
TO THE TEXT OF THE
SEMINOLE COUNTY
COMPREHENSIVE PLAN
Agenda Item #52 – PH-2016-404
Proof of publication
calling for a public hearing to consider transmittal of proposed Evaluation and
Appraisal Based Amendments to the Introduction, Future Land Use, Housing,
Implementation, Intergovernmental Coordination, Recreation and Open Space, and
Transportation Elements of the Seminole County Comprehensive Plan, Amendment
Number 2016.TXT01, received and filed.
Sheryl
Stolzenberg, Planning & Development Division, addressed the Board and
explained that Section 163.3191, Florida Statutes, requires an appraisal and
evaluation of each local comprehensive plan at least once every seven years to
determine if the plan reflects changes in state law since the last major plan
update. Seminole County approved a
notification letter signed by the Chairman on November 10, 2015, advising that
amendments would be forthcoming to address changes in state law. The amendments proposed will bring the
Seminole County Comprehensive Plan into compliance with requirements adopted in
2011 by the State Legislature to: (1) emphasize multimodal mobility throughout
the Comprehensive Plan, especially public transit where feasible, and (2)
demonstrate how the County’s Future Land Use pattern supports multimodal
mobility. Ms. Stolzenberg summarized the
proposed amendments to the Introduction Element, the Future Land Use Element,
and the Intergovernmental Coordination Element as outlined in the Agenda
Memorandum.
Commissioner
Carey remarked that in the existing Coordination mechanism where it talks about
Intergovernmental Coordination Element under Part A, it says joint planning
agreement and information was added saying the coordination between
counties. She pointed out that the
County does not have joint planning agreements with all of the cities and there
is nothing in the element that talks about advanced notification and coordination
with the municipalities within the county.
Commissioner Carey stated she believes they should add that to clarify
since they don’t have interlocal agreements with everyone. Ms. Stolzenberg noted there is a 1997
agreement with all of the cities where the County notifies the cities and the
cities notify the County of things that would affect each other. Commissioner
Dallari asked Ms. Stolzenberg to explain what happens when there is a
development within a city bordering the County and there is an issue and the
city is refusing to address it. Ms.
Stolzenberg advised that the process lets the County provide comments to the
city that they can take into consideration but it does not mandate that they do
that. Ms. Guillet suggested that with
regard to the issue of joint notification, if the agreement is from 1997 it
perhaps needs to be revisited and it might be a good topic of discussion at the
Mayors and Managers meeting.
With
regard to advanced notification with Orange County, Commissioner Carey noted
that the element only speaks to Seminole and Orange County and pointed out it
could also be Lake County or Volusia County.
She questioned whether Orange County is considering similar language and
Ms. Stolzenberg stated that her understanding is that they did include that in
their amendments that they submitted.
Commissioner
Carey referred to Part D and pointed out that notices will be provided to the
attention of the Planning Division Manager.
She believes the notices should go to the County Manager and the County
Mayor as well as the Planning Division Manager, especially on larger projects,
because something could be happening down in the planning department and nobody
up at the top knows about it until it hits the County Commission meeting. She thinks that all parties being notified would
be helpful. Ms. Guillet agreed.
With
regard to Complete Streets, Commissioner Dallari stated there are some major
road widening projects happening such as I-4.
He pointed out that the State is putting in sidewalks and bike lanes
that are so narrow, they will never be used.
The State is putting in four-foot bicycle paths. Basically they are saying “Complete Streets
where possible” but here you have a major road with a cross road going over it
and there is no consideration really for pedestrians, either walking or on a
bicycle.
Ms.
Guillet questioned if Commissioner Dallari is talking about projects that the
State is doing. Commissioner Dallari
stated he is talking about the State and the counties and the cities because
the State is coordinating with the cities and the counties and everyone is
saying it is fine to put in a four-foot bicycle path or a five-foot
sidewalk. Discussion ensued with regard
to the size of bicycle paths. Ms.
Guillet advised they can look at that.
Commissioner Dallari stated the right-of-way is not being taken until
2020 so there is plenty of time to do this.
Ms. Guillet questioned if Commissioner Dallari is suggesting a hard and
fast rule. Commissioner Dallari stated
he is suggesting that they look at this; and if they are talking about Complete
Streets, Complete Streets are not where feasible. He suggested they do real a comprehensive
master plan (since they are doing a master plan for transportation in the
county) and try to incorporate how to do real complete streets so it is both
walkable, rideable, and has vehicular traffic.
Ms.
Guillet noted they are now wrapping up the scope for the transportation master
plan and asked if that is one of the elements that they include to look at,
would that make Commissioner Dallari more comfortable. Commissioner Dallari stated there is a
sidewalk going over the major road where I-4 is and there is not even a
stoplight. Ms. Stolzenberg stated she
can suggest something that might help resolve the dilemma. They can't do it right now but when the work
for the master transportation plan is done and the definitions are given out,
they can include that definition for the County's purposes in their plan where
it applies to their roads that they have control over. She noted one of the things they are doing
now is changing the definition of community and regional parks to reflect what
the new parks master plan is saying. She
suggested they could do the same thing with the transportation plan and pointed
out it would apply to what the County has jurisdiction over.
Commissioner
Dallari stated he wants to take a real honest approach to what truly a Complete
Street is instead of just jamming in whatever the right-of-way allows. Commissioner Carey noted that MetroPlan has a
division of pedestrian and bike lanes.
Commissioner Dallari advised that MetroPlan follows each county's lead
and what the county is asking for.
Commissioner Carey advised that MetroPlan has some national standards as
to what they recommend because they have fought for sidewalks and bike lanes
for years. Chairman Horan stated it all
goes back to the right-of-way acquisition and they can correctly identify what
is needed for completed straight streets in terms of walkability and bicycle
traffic.
Chris
Maness, 2808 Lake Howell Lane, addressed the Board to state that the map that
is being submitted for consideration has all of the major water bodies but does
not have the watershed incorporated into the map. He believes the watershed is a major
influence and will continue to be a major influence as water quality continues
to worsen. He believes it is imperative
to show where the watershed is as they are looking at the comprehensive
plan. Chairman Horan requested that the
County Manger note that.
Ms.
Stolzenberg stated she is sure they could add a watershed map to the plan if
there is not one already. Chairman Horan
advised that to the extent that watershed maps already exist, they can be
referenced. Commissioner Carey suggested
that it could be an overlay on the lakes map.
With
regard to public participation, no one else in the audience spoke in support or
in opposition and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Constantine, to
transmit the proposed Evaluation and Appraisal Based Amendments to the
Introduction, Future Land Use, Housing, Implementation, Intergovernmental
Coordination, Recreation and Open Space, and Transportation Elements of the
Seminole County Comprehensive Plan, Amendment Number 2016.TXT01, as described
in the proof of publication, and based on staff comments and comments made by
the Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
SMC BUILDING
REZONE/Dr. Samuel Jean
Agenda Item #53 – PH-2016-477
Proof of publication
calling for a public hearing to consider a Rezone from RP (Residential
Professional) to RP (Residential Professional) for 0.67 acres, located on the
south side of Wekiva Springs Road, approximately one-half mile northwest of E.
Lake Brantley Drive, Dr. Samuel Jean, received and filed.
Matt
Davidson, Planning & Development Division, presented the request as
outlined in the Agenda Memorandum. Mr.
Davidson explained that in the 1988 Development Order, medical and dental uses
were excluded in order to help alleviate existing parking issues from the adjacent
dental office. The Applicant at the time
of the original rezone request proposed a cross access easement between the
subject property and the adjacent dental office in order to allow the patients
from the dental office to park on the subject property. Consequently, the medical and dental uses
were prohibited on the subject property in order to prevent parking
deficiencies from becoming an issue due to the proposed cross access easement.
However, the proposed cross access was never constructed and the current
Applicant does not plan on constructing the cross access.
Mr.
Davidson stated that the Land Development Code does not have a specific parking
requirement for medical or dental offices; the parking requirement for medical
and dental offices is the same as general office. The subject property has adequate parking to
meet code requirements. He pointed out
that the Applicant is requesting to amend the original Development Order to
allow for medical use and noted the request is consistent with the Land
Development Code and the Comprehensive Plan.
Mr. Davidson advised that the Planning & Zoning Commission voted
unanimously to recommend approval and staff is recommending approval.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to
adopt Ordinance #2016-41 enacting a Rezone from RP (Residential Professional)
to RP (Residential Professional) for 0.67 acres, located on the south side of
Wekiva Springs Road, approximately one-half mile northwest of E. Lake Brantley
Drive, as described in the proof of publication, Dr. Samuel Jean; Development
Order.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAPMAN
APARTMENTS LARGE SCALE LAND USE MAP AMENDMENT
AND REZONE/Bryan
Potts (continued from November 15, 2016)
Agenda Item #54 – PH-2016-505
Continuation of public
hearing to consider a Large Scale
Future Land Use Map Amendment from Industrial to Planned Development and a Rezone
from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development)
for a mixed-use development on approximately 42.32 acres, located on the
southeast corner of SR 417 and Chapman Road, as described in the proof of
publication, Bryan Potts.
Brian
Walker, Planning & Development Division, addressed the Board to advise the
Applicant is requesting a continuance to the January 24, 2017 BCC meeting.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the continuance and public input was closed.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine,
to continue to January 24, 2017 at 1:30 p.m., or as soon thereafter as
possible, the request to consider a Large Scale Future Land Use Map Amendment
from Industrial to Planned Development and a Rezone from A-1 (Agriculture) and
PD (Planned Development) to PD (Planned Development) for a mixed-use
development on approximately 42.32 acres, located on the southeast corner of SR
417 and Chapman Road, as described in the proof of publication, Bryan Potts.
Under
discussion, Commissioner Dallari noted that in the Applicant’s request for the
continuance, he stated he wanted to have a community meeting. Commissioner Dallari requested that Mr.
Walker reach out to the Applicant and let them know that he would like to be
involved in the community meeting if possible.
Districts
1, 2, 3, 4 and 5 voted AYE.
SAN PEDRO PD MAJOR AMENDMENT
AND REZONE/Richard Jerman
Agenda Item #55 – PH-2016-373
Proof of publication
calling for a public hearing to consider a Major Amendment and Rezone from PD
(Planned Development) to PD (Planned Development) for a mixed‑use
development on approximately 468 acres, located on the north side of Howell
Branch Road, approximately 400 feet east of Jergo Road, Richard Jerman,
received and filed.
Brian
Walker, Planning & Development Division, addressed the Board to present the
request. Mr. Walker advised that the
Applicant is requesting the rezone in order to develop the subject property as
a mixed-use development and then reviewed the proposed development plan as
outlined in the Agenda Memorandum. He
pointed out that the property is currently part of the San Pedro Planned
Development which was approved by the BCC in 2010 and discussed the proposed
major amendment changes. The size of the
single-family home lots and the attached townhome lots were discussed.
Mr. Walker
advised that the Planning & Zoning (P&Z) Board considered this item on
July 6, 2016. After that P&Z
meeting, the Applicant conducted community meetings; and as a result of those
meetings, several changes were made to the proposed project. Mr. Walker enumerated those changes as
outlined in the Agenda Memorandum. A
comparison of trip generation between the development allowed in the proposed
2010 plan and the development allowed in the proposed 2016 plan was
reviewed. Mr. Walker referred the
Commissioners to both the traffic analysis and the site analysis, which are
contained in the Agenda Memorandum, and reviewed Buffers, Open Space, and
Public School Capacity Determination.
Mr. Walker
noted the proposed development is compatible with the Land Development Code and
in compliance with the Comprehensive Plan.
The P&Z Commission unanimously recommended approval and staff is
recommending approval.
Charlie
Madden, Madden Moorhead & Stokes, addressed the Board to advise that he is
representing the owner of the property.
He distributed an information packet (copy received and filed) and
displayed The Reserve at Lake Howell chart.
Mr. Madden discussed the comparisons between the 2010 Approvals and the
2016 Proposed. He also described the
community meetings that were held.
Mr. Madden
displayed the Concept Plan for Lake Howell Reserve map and discussed the
various communities that surround the property and the communities and people
that he worked with regarding the buffers and the size of the lots. He then displayed an email from Cindy
Bradford Smith, who lives in Lake Ann Estates, indicating she is “fine” with
the project with the 55-foot buffers.
Mr. Madden
displayed a pre-development drainage basin map which he has supplied because
some of the neighbors were concerned that some of the drainage from this
project would come down through some of their properties. He next displayed a post-development map
(Conceptual Outfall Exhibit for Lake Howell Reserve) which shows conceptually
where the retention ponds will go.
A 2010
Working Site Plan for San Pedro Spiritual Center was displayed. Mr. Madden stated this plan was the only
concept plan that was shown in 2010, and the reason it is in the information
packet is because the plan does not meet the 2010 approvals, such as showing a
50-foot buffer when it ended up being a 75-foot buffer. He added there has been some discussion about
the 2010 approval not being as intense as the proposed plan. Mr. Madden reviewed some of the items in the
2010 plan and pointed out there would be an anticipated ISR (impervious surface
ratio) of about 80%. With the proposed
plan, the anticipated overall ISR is about 65%.
He emphasized that the proposed plan will have more green space than
what was talked about in 2010. He next
pointed out a wetland on the plan and discussed why that wetland is going to be
mitigated.
An overlay
plan of Lake Howell (San Pedro Center) was displayed. Mr. Madden explained that this aerial map
shows that historically Lake Howell had a lot of wetland areas that went all of
the way around the lake. He pointed out
that everything else along the shoreline has been developed; but on this
property with floodplain, lake bottom and wetland areas, they are preserving
217 acres of pristine wetlands on the banks of Lake Howell and impacting less
than 12 acres of isolated wetlands. They
are not impacting any wetlands that are immediately adjacent to Lake
Howell.
Mr. Madden
displayed the Concept Plan for Lake Howell Reserve aerial map and indicated
this map provides a closer picture of the wetlands that are going to be
preserved. With regard to a question
that has arisen, Mr. Madden advised that they do not plan on counting any of
the sovereign submerged lands (which is basically the lake bottom of Lake
Howell) in the minimum 25% open space requirement.
The San
Pedro/Lake Howell Reserve Developer Commitments to Surrounding Communities
information sheet was displayed. Mr.
Madden advised that this information sheet is a summary of all of the issues
and things that have been done at the request of the neighbors. He then reviewed the items on the information
sheet. The Area Density Map for Lake
Howell Reserve was displayed, and the 2010 and 2016 densities for the
surrounding communities were reviewed.
Mr. Madden advised that all of the comparisons resulted in 3,000 less
average daily trips with the current proposal when compared to the existing
entitlements.
Mr. Madden
stated that Meritage Homes is the front runner for the project and then
displayed nine examples of product lines that are presently being built in
other communities. The anticipated price
range at the low end for the townhomes will be in the mid-$200’s, and
anticipated price for the single-family homes will be in the $300’s to over
$600,000 to $700,000 depending on what kind of extras folks want.
Mr. Madden
noted that at the P&Z meeting an issue regarding school bus pickup was
raised. He stated at this time, they are
closely working with the School Board about the best way to do that. When they come back for the final PSP, the
final master plan process, they will identify exactly how the school bus pickup
will work. At Commissioner Dallari’s
request, Mr. Madden referred to the Conceptual Outfall Exhibit for Lake Howell
Reserves rendering and outlined the options for school bus pickup. He reiterated they will have the plan ironed
out with the School Board prior to submitting the final master plan.
Mr. Madden
advised there have been a few other traffic and environmental issues. He stated that Arturo Perez will discuss some
of the issues that have come up traffic-wise and Jay Baker, with Bio-Tech, will
discuss sandhill cranes. Sandra Acevedo,
a lifestyle community expert, will discuss the kind of community that is envisioned.
Arturo
Perez, Traffic & Mobility Consultants, addressed the Board to report that
his company did the traffic study for the development. Mr. Perez displayed Sheet #1 (copy received
and filed) of the Intersection Improvement Concept Design and advised that
after the development, they are utilizing 70% of the capacity on Howell Branch
Road from Eastbrook to Dike Road. On
Dike Road from Howell Branch Road to Dodd Road, they are utilizing 29% of
capacity. Commissioner Dallari pointed
out that Howell Branch Road stacks up at SR 436; and therefore, he asked the
consultant how that could be fixed. Mr.
Perez referred to Sheet #1 and advised there is available right-of-way on the
north side of Howell Branch. They are
proposing to shift the roadway slightly north and adding an extra left-turn lane
in the eastbound direction. This would
allow some of the “green time” to be increased for all directions by reducing
the stacking for the left-turn lane. Mr.
Perez reiterated that is a solution that has been provided to the County, that
the County could improve this intersection.
Commissioner
Dallari confirmed with Mr. Perez that these changes are not in the development;
that they are off site of the development; and that the changes are something
the County would have to embrace and need to do either during the development
or after the development. Jean Jreij,
Director of Public Works, addressed the Board to state they can program the
work for the next fiscal year. He advised
that he has also talked to the traffic operations engineer and they are looking
at the ITI system for that intersection.
Commissioner Dallari stated the issue is not that there is no capacity
on Howell Branch Road; the issue is the traffic can’t get through Howell Branch
Road. He confirmed with Mr. Perez that
one of the reasons for that issue is because of this intersection.
Mr. Perez
displayed Sheet #2 (copy received and filed) of Intersection Improvement
Concept Design and explained how, in the original traffic study, they proposed
having a northbound through lane on Eastbrook Boulevard. Mr. Perez displayed Sheet #3 (copy received
and filed) and stated that in talking to County staff, they requested the
addition of a completely new left-turn lane, making the current left-turn lane
the through lane, and having the existing right-turn lane remain. He stated the analysis showed that that made
sense. Mr. Perez indicated on the map
where the developer is willing to do an existing grass median so no right-of-way
would be required and the left-turn lane could be provided. Commissioner Dallari confirmed with Mr. Perez
that the improvement that he is talking about is an improvement that the
developer would undertake.
Jay Baker,
Bio-Tech Consulting, addressed the Board to state they have completed several
evaluations for sandhill cranes on the property. They have determined there are 17 acres of
legitimate nesting habitat, freshwater marsh.
He remarked that 10 of the 17 acres are going to be preserved with
conservation easements and displayed on the San Pedro Site Survey Area map (copy
received and filed) where those areas will be.
He next indicated on the map the area of wetlands that is proposed to be
impacted. Mr. Baker explained why the 10
acres will be a better habitat for the sandhill cranes.
Sandra
Acevedo, First Service Residential HOA Management Company, addressed the Board
to state she is currently building a lifestyle program at one of Meritage’s
communities, Watermark in Winter Garden.
She described the ideas behind the lifestyle program, which will be for
20-somethings all of the way through retirees who have retired from work but
not retired from life. Upon inquiry by Commissioner Dallari, Ms.
Acevedo stated she has worked with five of these types of communities in the
last seven years. The ultimate size of
the community that she is presently working for will be 768 homes. She added that typically, with this type of
community, the average percentage of the population that are retirees is
15%. Upon further inquiry by
Commissioner Dallari as to why retirees want to move into these types of
communities, Ms. Acevedo explained that she believes they like the idea that
they can have the experiences that retirement communities provide without
having to “not enjoy their family as much.”
Several of the residents not only retire and move into the community but
they bring their children and grandchildren so they can enjoy both worlds. Discussion ensued. Commissioner
Dallari asked Mr. Madden what type of amenities will be in this type of
facility. Mr. Madden responded that they
anticipate it will be something similar to Watermark; a major clubhouse
facility, ball fields, basketball courts, tennis courts, and park areas. He explained they are working through all of
the programing now; and when they come back with a final master plan or PSP,
they will show details on exactly what will be going in. With regard to the population of retirees,
Mr. Madden stated it will be over 100 units that would probably be retirees who
don’t want to be segregated by themselves and would like to be around other
people that are active as well.
Troy
Williamson addressed the Board to state he lives in the Cedar Ridge
subdivision. Mr. Williamson pointed out
that with regard to this property, they have been to hearings in 2004, 2010,
and 2014; and they barely got a “no” in 2014.
He voted no to all of these because they were not within the
neighborhood settings of the other neighborhoods and was something not
wanted. With regard to this particular
plan, he had an open mind and met with the developer, Commissioner Dallari, and
the church. He explained why he believes
the concessions that were made are almost ideal. He cautioned that if today’s plan is not
approved, the 2010 plan can go until 2017 or 2018; and they could get a “whole
new ballgame” with new developers and investors.
Jon Jones,
1595 Lawndale Circle, addressed the Board to state he is primarily against the
lifting of the “55 and Over” zoning. Mr.
Jones began his presentation (copy received and filed) and discussed why he is
against the removal of this zoning. He
discussed what will happen to the schools and traffic by adding 1,000
children. The Zoning Impacts of homes
that have been added in the area from 2015 through 2017 was reviewed. Mr. Jones discussed the Assisted Living Zone
Impacts and County Infrastructure. He
concluded by stating prudent and timely zoning and planning is their
community’s only protection.
Liz Mazza,
1949 Nottingdale Lane, addressed the Board to state she lives in the Cedar
Ridge subdivision. Ms. Mazza stated when
moving to the area in 1995, she was told that Seminole County had a better
quality of life, better schools, less traffic, less crime, and a more natural
environment. In looking around today, to
her it seems that they are turning into Orange County and the slogan will need
to be changed from Florida’s Natural Choice to Florida’s Artificial
Choice. Ms. Mazza described the subject
property and noted that once the proposed development is built, the land will
be gone forever.
Ms. Mazza
discussed the wildlife expert’s findings that there was no wildlife and stated
that in one morning she saw a family of Florida sandhill cranes in the upper
wetlands area that the developer wants to replace with three retention
ponds. She wondered if a tree needs to
be removed whether the developer will say it is sick or dying and then all of
the beautiful trees will be gone. She
discussed density and stated that a better transition needs to be provided. Ms. Mazza discussed overcrowding in schools
and the problems with busing into a gated community. She emphasized that this proposed project is
not ready and could be made better by the Commissioners and implored them to
not approve the change in zoning at this time.
Commissioner
Carey pointed out that a report regarding capacity from the School Board is a
requirement for every project that the Board sees. For all of the projects that have come
before, the School Board has to reserve that capacity and then let the Board
know if there is capacity left.
James
Stout, 2808 Lake Howell Lane, addressed the Board and presented a video (copy
of QuickTime video file received and filed) depicting the subject property.
Chris
Maness, 2808 Lake Howell Lane, addressed the Board to state that he appreciated
each of the Commissioners taking the time to meet with him personally on this
project. Mr. Maness stated there is an
opportunity to fix an approval that should never have been approved; too much
density continues to be a common theme throughout both of these projects. He quoted the developer, Mr. Jerman (who sits
on the P&Z Commission) as saying "the 2010 plan approval might have
been a mistake." Mr. Maness asked
the Board to not let the 2016 plan be another mistake. He then described why he believes this
project is “not ready for prime time."
Mr. Maness
explained how the Seminole County Comprehensive Plan, which is supposed to
protect the community, is riddled at every turn with allowances for developers
to push beyond land development codes.
He emphasized that while the County will receive impact fees from the
developer, the impact fees will not offset the magnitude of the project and
what is being proposed. Mr. Maness
advised that what the community wants to see with this project is reduced
density and he suggested the density be reduced by 211 single-family
homes. He stated this reduction in
density will reduce traffic below the current 19% increase during peak hour
traffic, reduce the likelihood of busing children, reduce the stress of the
wetlands and wildlife mitigation, and ultimately allow more green space for the
health of the community. Mr. Maness
requested that the Commissioners look at the Comprehensive Plan and add
language to the PD to reduce density making it “ready for prime time.”
Mr. Maness
stated it was mentioned that none of the open space will be coming from the
lake and he asked for that comment to be clarified. It was also stated that 50 feet was the
maximum for homes but he has also heard 70 feet. He asked for that to be clarified. He pointed out that the map that is being
shown is from 2009 and has never been approved and believes it is false to show
that map to the community today.
Robert
Burrows, 1376 Westdale Avenue, addressed the Board to state he is a resident of
Cedar Ridge and is speaking today for himself as well as for Pam Meharg of the
Audubon Society. Mr. Burrows stated the
7.44-acre wetland planned for mitigation is known by many residents and others
alike as a year-round foraging habitat and seasonally known as a nesting ground
for the imperiled Florida sandhill crane.
He pointed out that the wildlife surveying accomplished by Bio-Tech,
both recent and past, has not been performed during the sandhill crane nesting
season.
Mr. Burrows
proposed that approval of mitigation be denied due to the high value of the
wetland and direction be given to Mr. Madden to incorporate it into their
stormwater plan with special concern being given to pollution control as
required by local codes; that approval of all development in the area
surrounding this wetland be deferred until the 2017 Florida sandhill crane
nesting season has concluded to ensure the sanctity of the habitat during this
period; and that a third-party consultant be considered to survey the sandhill
activity during this period to confirm the St. Johns River Water Management
District’s contention that this wetland is a high quality wetland and an active
Florida sandhill crane habitat.
Cynthia
Burrows, 1376 Westdale Avenue, addressed the Board to state she has been a
resident in the area for 28 years and has been involved in this property since
the beginning of the development request back in 2004. Ms. Burrows noted that she has spoken many
times in front of the Board and in front of the P&Z Commission. She stated she appreciates some of the comments
that have been made about “lifestyle”; but in her community, the “lifestyle” is
natural. They want this property to be
protected and preserved in its natural state.
That is not to say it can’t be developed, but the development should be
conducive to the property as it is today and not turned into a resort.
Ms. Burrows
discussed the cemetery access behind Westdale Avenue and advised she would like
to see that issue tabled because the cemetery has been reduced. Until it is proven that the access is necessary,
she requested that it be put aside and addressed at a later time and left as
200 feet of undisturbed natural buffer behind Cedar Ridge. Ms. Burrows discussed the wildlife.
Ms. Burrows
stated she would like to be involved in the process of the engineering plan and
questioned if that is something the public can participate in, knowing about it
and having a chance to respond to it.
Tina Williamson, Development Services Director, addressed the Board to
explain that the final engineering process is open to the public as far as the
public can attend the Development Review Committee meeting where the projects
are reviewed. The public can receive
copies of the plans and all of the comments.
She advised that the process is a technical review by staff and not
subject to any public hearing.
At Ms.
Guillet’s request, Ms. Williamson further explained that this is the master
development plan stage, which is the overview setting maximum density and
intensity. The next stage will be the
final development plan which is subject to the same technical review as the
final engineering plan. She reiterated
that at the Development Review Committee meetings, the public can review the
plans but there is no public hearing for that.
Ms. Williamson stated the next step would be the final engineering for
the subdivision or site plan, if it is a commercial project. The preliminary subdivision plan goes to the
P&Z Commission as a technical review item.
Commissioner
Carey noted that the developer isn't just at will to do what they want to do;
there are a lot of different agencies that are involved in the permitting of
the process in addition to the County.
She asked Ms. Williamson who permits the request for the mitigation of
the wetlands, and Ms. Williamson responded they will have to go through St.
Johns River Water Management District for that.
Commissioner Carey questioned if they have dealings with the Department
of Environmental Protection, and Ms. Williamson stated it depends on the type
of project; DEP may be involved but generally it is St. John's in this
area. She noted that Fish and Wildlife
will also be involved as far as threatened and endangered species.
Ms. Burrows asked for clarification regarding
the buffers on the east side of the property and what the undisturbed portion
of the church strip is. She reiterated
that she is asking for the road to be completely removed and taken out of the
current Amendment to the Development Order.
Ms. Burrows remarked that she has been concerned about decisions being
made out of fear. They want to work
together and they want this development to be the best that it can be. She thinks there has been a lot of
improvement, but she still thinks there are some things that can be done to
help them as a community to make this the right development for the
community. Ms. Burrows stated she is
trusting that the Commission will do that.
With regard
to public participation, no one else in the audience spoke in support or in
opposition and public input was closed.
Speaker
Request Forms were received and filed.
Chairman
Horan requested that Mr. Madden address some of the issues that have been
raised.
Mr. Madden
displayed the Conceptual Outfall Exhibit for Lake Howell Reserve rendering and
referred to the buffering against Cedar Ridge.
He stated that consistent with the 2010 approval, those buffers have not
changed and are 50-foot undisturbed buffers.
He then referred to the 200-foot wide strip and reported that Mr.
Williamson had wanted the road in the western 50 feet of the strip and the
developer had agreed to do that. The
rest of that is cemetery; so between that driveway and the edge of the strip,
there could be cemetery there in the future.
The 50-foot buffer would still be undisturbed. Mr. Madden advised that until this area is
developed into a cemetery, the only development that would go in there now is
the roadway in the west 50 feet.
Commissioner
Carey questioned if the installation of the road was part of the agreement for
the developer to put in for the Spiritual Center and the cemetery. Mr. Madden stated they will be doing that as
they develop the cemetery. Commissioner
Carey confirmed with Mr. Madden that the road in question will not be built
“tomorrow” but will be built when the cemetery is developed. Mr. Madden referred to a line on the
Conceptual Outfall Exhibit for Lake Howell Reserve rendering and stated his
company will not be involved in anything past that line, that the Diocese will
be permitting this separately from everything Mr. Madden’s company is doing.
Commissioner
Dallari confirmed with Mr. Madden that in order to permit the cemetery, the
Diocese will have to go through Tallahassee.
Upon inquiry by Commissioner Carey, Mr. Madden stated the 200-foot strip
is not part of his development. He added
that the plans are to have this gated and locked except when they would
potentially have a big service. It would
then be a way to disburse traffic.
Commissioner Carey asked whether the 50 feet where they are proposing a
road is on the property the Board is discussing. Mr. Madden responded it is not on the
subdivision portion; it is on the Diocese property. Mr. Madden clarified for Commissioner Carey
that in this overall PD Amendment, the Diocese property is included. Commissioner Carey confirmed that if the road
is ever built, the Diocese is obligated to build it in the west 50 feet of the
200-foot strip. Mr. Madden then
indicated on the rendering where the maintenance shed will be moved to.
With regard
to the lots being 70 feet, Mr. Madden advised that they are and that was part
of the agreement with Ms. Wightman. He
indicated a location on the rendering and stated the lots in this area have to
be 70 feet. Commissioner Carey confirmed
with Mr. Madden that there will also be a 75-foot undisturbed buffer in that
location. He added there is an array of
different lot sizes throughout the development.
With regard
to schools, Mr. Madden referred to a letter from the SCPS (copy in Agenda
Memorandum) which indicates there will be 300 school children. As far as capacities, all the developer can
do is get a letter from the school that they can accommodate the school
children and that is what they did and that is what is required by code.
At
Commissioner Dallari’s request, Mr. Madden referred to an email from the
Audubon Society. He stated that there is
a total of about 17 acres of prime sandhill crane habitat; that 10 acres of it
are going to remain; and that those 10 acres are a better habitat. Mr. Madden indicated the location of the ten
acres on the Conceptual Outfall Exhibit for Lake Howell Reserve rendering. Mr. Baker discussed why the ten acres are
optimal habitat for sandhill crane nesting.
Mr. Madden pointed out that per St. Johns’ requirement, they will have
to provide mitigation for the wetland. They
will be constructing three lakes and they plan on putting some wetland-type
species plantings around them. Mr.
Madden discussed the wetlands that previously existed and currently exist
around Lake Howell. He believes the fact
that they are preserving 217 acres and impacting 12 isolated acres is a very
responsible thing to do.
Chairman
Horan stated that County staff has indicated this particular project will not
have a detrimental effect on Lake Howell primarily because of the retention of
the valuable wetlands, which will be retained by the project, and because
whatever wetlands are being impaired by the development are being mitigated on
the property. He then asked Mr. Madden
if he agreed and Mr. Madden responded yes.
Discussion ensued with regard to wetlands.
Chairman
Horan asked Mr. Madden if this development will contribute to the MSTU that was
established for the care of Lake Howell and Mr. Madden responded that it will
contribute. Mr. Madden also pointed out
that this is the only project on the entire perimeter of Lake Howell where
individual homeowners are not going to be able to have their own docks. The entire shoreline that is within the
development’s boundaries will never have another dock on it other than the one
community dock that is allowed. The only
way anyone from the community can enjoy Lake Howell is to look at it or
potentially put a kayak or canoe in off the dock.
Commissioner
Carey stated she has had meetings, emails, and telephone conversations for this
hearing; and it is all a part of her ex parte communications, which she is
submitting into the record. Chairman
Horan stated he has had phone calls and met with Mr. Maness, Ms. DiPasqua and
the developer to discuss the project. He
submitted his ex parte communications into the record. He stated whatever decision he makes today is
based upon the facts and what he has gleaned from this public hearing
today. Commissioner Henley submitted his
ex parte communications into the record.
Commissioner Constantine stated he has had meetings with various
citizens including Mr. Maness, Ms. DiPasqua, Mr. Williamson, and the
developers. He also had telephone calls
and attended at least one community meeting.
He then submitted his ex parte communications into the record.
Commissioner
Constantine stated in the four years that he has been a Commissioner, he has
never seen a development come in where the School Board has said they didn't
have enough room for classroom space.
That is a direct opposite to his experience in the Legislature where he
never heard them say that they had enough money or enough space. He stated he is trying to find out where the
disconnection is and why, with developments, they always have enough space.
Chairman
Horan explained that when he was first on the Board in 2010, one of the first
large controversies they had was the School Board having overbuilt. The recession had hit and there were studies
in the Orlando Sentinel saying there was capacity for 76,000 students and they
only had 62,000 students. He explained
what Commissioner Constantine is seeing now is growth finally catching up to
the extra capacity, which was created during that particular time. The School Board was able to get ahead of
development. The recession hit and no
one could have predicted what happened with the recession. They are now seeing the back-filling of that
capacity.
Commissioner
Constantine thanked Chairman Horan for his explanation. He then asked if, when the School Board does
the studies, they are including not just what is in the ground but what has
already been approved. Commissioner
Carey responded yes, that that is part of the calculation.
Commissioner
Constantine commented that every time he sees a development come in, almost
everyone says they are going to try to save as many trees as they can. As one person commented and he has seen with
his own eyes, it seems every tree that is in most of these developments are
immediately diseased and therefore are cut down or have a problem. He emphasized that is an ongoing concern of
his and he wanted to state that once again.
Commissioner Constantine asked Mr. Madden to address where he is
"coming from" when it comes to trees and what can be protected.
Mr. Madden
stated that the pre-preservation aspect of this is a very complicated
question. At this stage of the game,
what they will be doing shortly, if this gets approved, is taking a concept and
beginning a massaging process. They will
be taking the tree survey and looking at especially the trees that are 24
inches and up. With some of the pretty
trees that are on the land, it behooves them to work as hard as they can to
save as many as they can. It adds value
to the community, and a community with trees sells out faster than a community
without trees. Mr. Madden then explained
how the massaging process works as it relates to groundwater, cut-and-fill,
earth work, grading, and roadways. He
stated when they come back with the final master plan and the subdivision plan,
they will have a specific landscape plan which shows the trees that will remain
and the trees that are coming out.
Commissioner
Constantine stated he believes this is a major improvement over the 2014 plan
that he voted against. He believes it is
a “light years” improvement over the 2010 plan.
He thanked Mr. Madden for agreeing to have an independent evaluator of
the environmental concerns and confirmed with him that will happen. Mr. Madden stated it will happen for the
stormwater peer review. Commissioner
Constantine referred to a discussion he had with Mr. Madden and thanked him for
doing everything he could to have Florida-friendly landscaping to reduce the
amount of phosphate and nitrates that would be going into the lakes on the
properties that they are putting together.
Commissioner
Constantine asked Mr. Madden why he cannot commit that the 7.44 acres are
extremely important and noted that Mr. Baker’s study was not done during the
nesting time. Mr. Madden advised that
the nesting time starts in January and they will be through their permitting
process. Commissioner Constantine stated
that if he has a choice of believing the developer’s environmental consultant
or Audubon, he will go with Audubon as to what the most important natural
wetlands are for the nesting of sandhill cranes. Mr. Madden responded that he does not believe
that anywhere in the Audubon letter did it say that these other nesting areas
were less approachable for the cranes than the seven acres. Commissioner Constantine again asked if they
could not go further into this to see where the best location is. Mr. Madden explained that this plan is more
than a bubble plan. There are roads and
layouts and lots. He reiterated that
this is not a bubble plan but rather is a concept plan that will be tweaked in
order to maximize tree preservation.
Mr. Madden
pointed out that Audubon only got involved in the last two weeks. His biologist has been looking at this for
the last six months. He further
explained that as they get into the permitting and get the St. Johns’
stormwater permit, they are going to be well into nesting season. A drone was flown over the seven acres and
there were no signs of a remnant nest over the last several years. He is sure there have been sandhill cranes
walking around. He referred to locations
on the rendering and stated that as to where a sandhill crane would choose to
have their nest, he believes it is much better from a predation standpoint to
choose to put a nest at these locations.
He argued that in having the cranes located in these eight acres
(indicating) or in some additional acreage located here (indicating), they have
a better chance of having hatchlings than if they are located where there is an
open prairie where it is subject to predation.
Commissioner
Constantine asked Mr. Madden if he is saying “this would be a major
consideration in where you put things depending upon their nesting areas.” Mr. Madden replied that is not what he
said. He clarified that what he said is
this seven-acre wetland is going to be mitigated. Commissioner Dallari commented that from what
Mr. Madden said, what the biologist said, and from what is in the letter from
the Seminole Audubon Society, what is in question is the 7.44 acres. Mr. Madden’s expert is saying there are ten
acres that are better and pristine and are actually protected. Mr. Madden clarified that his expert is
saying it is a better sandhill nesting habitat.
Commissioner Carey stated it is not out in the middle of the pasture; it
is in the woods. Commissioner Dallari
suggested that in the Development Order or Master Plan they actually designate
where those ten acres are located. Mr.
Madden stated they can identify that.
Chairman
Horan pointed out that whether there are sandhill cranes nesting there now or
not appears to be an open question. As a
pre-condition to the final engineering and final site plan approval, Chairman
Horan confirmed with Mr. Madden that he will be required to do a listed species
survey. Mr. Madden noted there are state
and federal regulations that protect these birds. As they move forward in the permitting
process, in the work that Mr. Baker is doing, this will be identified in his
reporting as a better sandhill crane nesting habitat than the seven acres. If they go to develop and sandhill cranes
decide to “plant down,” they can’t touch the wetland until they are gone. They would have to stay 400 feet away.
Commissioner
Constantine commented that this is a major concern and the individual citizens
aren’t going to have as much of an opportunity to be here when the engineering
and other things are done. He wanted to
get it on the record that this is going to be a major consideration and concern
from the developer’s point of view and certainly from the St. Johns River Water
Management District. Commissioner
Dallari stated he does not disagree with Commissioner Constantine and he
believes in the overall master plan, those other ten acres should be designated
as prime spots. Mr. Madden advised that
they are going to be put in a permanent conservation easement.
Commissioner
Constantine stated he believes this is so much better than any other project
that has been brought forward.
Commissioner Dallari agreed with Commissioner Constantine that this is a
much better plan than the 2010 plan. He
pointed out that this is not a normal development because they already have
entitlements. He detailed the current
entitlements and advised that they could start doing engineering and pulling
permits tomorrow. Commissioner Dallari
added they are actually asking for less today.
Commissioner
Dallari referred to the Developer Commitments to Surrounding Communities list
and stated that with regard to some of the issues that were presented today, he
would like to see them in the Development Order. Mr. Madden responded that the majority of the
items are in the Development Order.
Commissioner Dallari explained that he wants to verify that all of the
items are in the Development Order. Mr.
Madden stated if some need to be added to the Development Order, he can get
with Mr. Walker. He emphasized the list
is part of the public record.
Commissioner
Dallari noted that in reading the Development Order, he did not see anything
referencing Eastbrook left-turn lanes.
He wants to ensure that is taken care of as well. Mr. Madden stated he does not believe that is
an appropriate thing to put in the Development Order. He looked at it because he was asked to look
at it but it is something that would normally be done at the PSP stage. They were addressing some things in advance
that they normally would not have. They
still have to work with the County’s Public Works. Commissioner Dallari requested that Mr.
Madden make a commitment to look at that and address it at the appropriate time,
and Mr. Madden agreed.
Commissioner
Dallari stated in looking at Mr. Madden’s plans, he did not see the 34-foot
wide lots that are in the Development Order.
He would like to have those smaller lots removed from the Development
Order. Mr. Madden stated they are not
doing any lots that small and they can take that size out as long as the
minimum lot size stays at 40 feet.
Commissioner
Dallari explained that he has a real issue when it comes to “age restricted”
and would like to see the definition of the Lifestyle Community in the
Development Order. Mr. Madden agreed. Commissioner Dallari stated that from Ms.
Acevedo’s statements, there is an increase of older residents that live in the
community that will fit that bubble. It
is not age restricted but it is an older age community. He reiterated he is not asking for “age
restricted.” Mr. Madden confirmed it is
going to be a Lifestyle Community.
Commissioner Carey pointed out that the County does not have a
definition of that in their Land Development Code and doesn’t know how they
would put it into a Development Order when they don’t have a definition. Commissioner Dallari stated he would like to
see something in the Development Order that they are looking at all ages,
something along those lines. Mr. Madden
responded that is fine because that is exactly what they are doing. Commissioner Carey pointed out that is part of
the public record that they have created today.
Ms. Guillet stated if they want to add language to the Development
Order, she does not have any objection.
She stated her concern is making sure that it is put in there in a way
that it can be enforced and make sure they are complying. Commissioner Dallari stated that is not what
he is asking for. He is asking for
something in the Development Order that talks about this is a community of
Lifestyle. It is not enforceable; but
from what Mr. Madden’s expert is saying, it does encourage older people to live
in these communities. Commissioner Carey
stated that Mr. Madden has put it on the record that this is going to be developed
as a Lifestyle Community. There is
nothing in the Land Development Code to require it to be a Lifestyle
Community. Ms. Guillet stated, from a
staff standpoint, they might be more comfortable if there is a requirement that
the development be marketed as a Lifestyle Community. Commissioner Dallari responded that is
fine. Mr. Madden stressed that it will
be marketed as a Lifestyle Community.
Motion by Commissioner Dallari, seconded
by Commissioner Carey, to adopt Ordinance #2016-42 enacting a Rezone from PD
(Planned Development) to PD (Planned Development) and approve the associated
Amended and Restated Development Order and Master Development Plan, for a mixed‑use
development on approximately 468 acres, located on the north side of Howell
Branch Road, approximately 400 feet east of Jergo Road, incorporating the
changes that have been presented to the Board and what the Applicant has agreed
to put into the Development Order as well as removing the small 34-foot lots
from the Development Order, as described in the proof of publication, Richard
Jerman.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Horan recessed the meeting at 4:00 p.m.; reconvening at 4:09 p.m.
MONROE
ROAD PD REZONE/Mack Cotton
Agenda Item #56 – PH-2016-467
Proof of publication calling for a public hearing to consider a Rezone from A‑1 (Agriculture) to PD (Planned
Development) on 0.39 acres, located at the corner of Monroe Road and School
Street, Mack Cotton, received and filed.
Joy Giles, Planning and Development Division, addressed the
Board to explain that the Applicant is requesting a rezone in order to permit
the operation of a food service catering business as a temporary use for the
term of four years. Ms. Giles presented
the request as outlined in the Agenda Memorandum. The Planning & Zoning Commission
recommended approval and staff is recommending approval.
Commissioner Carey asked Ms. Giles how they came up with the
four years of use. She knows there is
road work going on but she wonders what will happen if “Beyond the Ultimate”
gets delayed and it is six years. Ms.
Giles responded that with the four-year term, the Applicant has the opportunity
to come back and request an amendment to the PD to extend the years. Commissioner Carey asked if there was some
“magic” to the four- year recommendation for a temporary development
order. Ms. Giles stated it was
determined by staff that it would be a good time limit to review the trend of
development in the area to determine if it was still a suitable use as an
ancillary use to the HIP-TI land use.
Ms. Guillet confirmed with Ms. Giles that it is related to the schedule
of the roadwork.
Commissioner Dallari asked if the “Beyond the Ultimate” takes
longer than four years and the Applicant asks for the time to be extended, is
there another filing fee. Ms. Giles
responded there is an amendment filing fee, and for a major amendment she
believes it is $1,000 to come before the Board.
Commissioner Constantine asked if this is like Uncle Jones
Bar-B-Que. Commissioner Carey stated the
Applicant operates a food truck now and this would give him an opportunity to
be in a stationary location on land that he already owns.
Thomas McKeon, 14808 Firestone Street, addressed the Board to
state he is the engineer of record on this project. Mr. McKeon advised that he does have several
items that he wants to bring up to the Board in regards to the previous P&Z
meeting. He stated he wants to ensure
that the verbiage of the rezone does not include restrictions that they are
currently trying to avoid. One of the
items has to do with parking. Mr. McKeon
stated that his client had brought that up since it has been determined that
this is a drive-through only, pick up only, and they are not required to have
any bathrooms. Essentially, they don't
need anybody to get out of their cars.
Mr. McKeon stated he has drawn up several plans and displayed
one of the plans (copy received and filed.)
He explained that this plan shows how someone could pull off Monroe,
pull in to the property, pull up and get their order, and then pull
through. It does not require anyone to
actually get out of their car. It also
allows enough extended driveway that if somebody had to wait for a moment or so
before their food was ready, they could go on to the next person and get their
order started.
Mr. McKeon asked if it is possible to connect his cellphone to
the display screen. He noted that this
information has to do with the wetlands comment and the environmental
comment. It was determined that they
could not connect the cellphone to the projector. Commissioner Carey pointed out there is
nothing in the Development Order about wetlands. Mr. McKeon stated there was something in the
P&Z meeting that said something about needing to have a wetlands person
determine whether or not there are wetlands and to also have an
environmentalist determine whether or not there are any environmental
issues. Commissioner Carey stated that
comments that are made at the P&Z meeting are just comments made by P&Z
members. The Development Order is what
the Board is looking at right now and there is nothing that she has seen in the
Development Order that would require any kind of wetlands investigation or
anything like that.
Commissioner Carey advised it is pretty "cut and
dried" as to what they have to do; and there is a site plan (Exhibit A) in
the Agenda Memorandum, which was drawn by Mr. McKeon, indicating the site plan
that is going to be developed. Mr.
McKeon stated that exhibit is the initial site plan that shows parking on it and
explained they do not want to do parking because of the balance of the
pervious/impervious area. There is a
metal building existing on the site that will be removed. If they can do what is drawn in the plan that
he is displaying, the impervious area will decrease rather than increase. If they have to add additional parking, and
particularly the handicapped parking, the impervious area will increase. He pointed out there is also a concern about
the floodplain; and although it is not shown on the FEMA maps, it has been
brought to his attention that there is Base Flood Elevation that has been
determined to be at or around 108 feet above sea level. There is a portion of the site to the east
that is actually below 108 feet. They
are trying to avoid stormwater issues and floodplain compensation issues. This is a very simple and small project and
he believes the rendition that is being displayed shows the best way for
handling the actual movement of traffic and pick up of food. He did not want any comments in the rezoning
that would preclude them regarding parking.
Commissioner Carey asked where the operators of the food trucks
were going to park. Mr. McKeon advised
they have their own grass parking and they park right in front of their
house. He added that is not part of
their proposal. Ms. Guillet stated staff
has not had an opportunity to review this and the potential traffic
impacts. She stated if there is a
proposal to revise the plan, her recommendation would be to table the item and
give staff an opportunity to review it.
She reiterated they need to look at what the traffic impacts might
be.
Mr. McKeon pointed out that with the new rendition that he has
drawn, the traffic impact will not be raised.
If anything, it will be reduced.
Commissioner Carey informed Mr. McKeon that nobody has had an
opportunity to evaluate the plan. The
staff has not had a chance to evaluate the plan and the Board members haven't
had a chance to evaluate the plan. They
had the plan that was drawn before and is in the Agenda Memorandum. She advised they can either move forward
today on the plan that was drawn and submitted as Exhibit A or, if Mr. McKeon
wants the plan he has displayed to be considered as an alternate, they can
continue this item until the first meeting in January to give staff an opportunity
to review and comment on it. If they
recommend that plan and feel that it is okay, the Board can take it up at that
time.
Mr. McKeon requested and was granted time to discuss this with his client and exited the meeting at this time.
Ms. Guillet stated she believes that perhaps some of the urgency
on the part of the Applicant is because there is an ongoing code issue with
respect to the business that is currently being operated right now. This is an attempt to bring it into
compliance. She stated from a staff
standpoint, they would support extending the time for compliance in order to
give staff an opportunity to look at the new plan.
Mr. McKeon re-entered the meeting at this time.
Chairman Horan advised Mr. McKeon that he realizes this is related to a possible Code Enforcement situation. He stated the Board would be amenable to putting into abeyance any action on the Code Enforcement case until this Board has an opportunity to rehear this item, if that is the direction Mr. McKeon’s client wishes to go. Mr. McKeon stated that is the direction that his client wants to go.
Commissioner Carey asked that staff, when reviewing
this item, look at the four years. She
stated she believes ten years would be more appropriate because there is
already a lot of development occurring in the area. There are some big changes that will have to
occur on the “Beyond the Ultimate” project.
Without any real leadership from their Central Florida delegation for
that project, she is not sure when and if it will happen. Ms. Guillet advised they may be able to
fashion a solution that considers reconsideration in a certain five years and
makes it simple to extend without a fee.
Commissioner Carey stated she does not want to see four years from now
that the road still has not happened and the Applicant will need to pay another
fee to come back into compliance.
With regard to public participation, no one else in the audience
spoke in support or in opposition and public input was closed.
Speaker Request Form was received and filed.
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to continue to January
10, 2017 at 1:30 p.m., or as soon thereafter as possible, consideration of a
request to adopt an Ordinance enacting a Rezone from A‑1 (Agriculture) to
PD (Planned Development), and approve the associated Development Order and
Master Development Plan for approximately 0.39 acres, located at the corner of
Monroe Road and School Street to have an opportunity to consider the plan that
has been presented by the Applicant’s engineer of record, as described in the proof of publication, Mack Cotton.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey clarified that her motion did include the
discussion regarding the abeyance on any issue with Code Enforcement.
Mr. McKeon asked if his client, from now until the hearing on
January 10, will be able to sell barbeque.
Commissioner Dallari responded absolutely. Commissioner Carey explained that the
abeyance is for the Code Enforcement action.
She pointed out that the Applicant has been able to sell barbeque while
he was coming into compliance and because the hearing has been continued, he
will still be able to do that.
DISTRICT
COMMISSIONERS’ REPORTS
District
3
Commissioner
Constantine noted that there was what he feels is a big victory with the defeat
of Sustany in Orange County. He reported
that the 1,000 Friends of Florida will be hosting a free webinar concerning
that project on Thursday from 12:00 to 1:30.
He believes the information has already been published in many places
and easily found as to how to get onto that webinar.
-------
Commissioner Constantine reported that on November 16, the
Regional Planning Council met at their new location, which is at LYNX. There was spirited discussion between
Chairman Horan and Commissioner Daniels from Orange County.
-------
Commissioner Constantine noted that he and Chairman Horan were
at the Florida Association of Counties (FAC).
He thanked the Chairman for his support for a plank in their growth management
platform which, if it passes, will help other counties that were in the same
situation as Seminole County by saying "supports legislation that provides
a mechanism to ensure that jurisdictional impacts from large scale development
projects are adequately addressed within the impacted counties prior to
development approval."
-------
Commissioner Constantine stated that at the Wekiva River Basin
Commission, both he and Commissioner Carey asked the DEP about air quality and
found other avenues to do a study for the rest area; and they will pursue
that. He reported that at the United
Arts meeting, they disputed the distribution of funds and Mad Cow was not going
to be part of it because of some of the problems they were having in their
administration of their dollars.
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Motion by
Commissioner Constantine, seconded by Commissioner Carey, to reappoint Rex
Clonts to the Agriculture Advisory Committee; Marianne King to the Animal
Control Board; Donna Bundy and Rosalie Cook to the Historical Commission; and
Andrew Van Gaale to Seminole County Industrial Development Authority
(SCIDA).
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Constantine reported that of the $825,000 for urban
bear maintenance, Seminole County received $150,000. He believes one of the homeowners
associations, Springs Landing, received $9,000.
District
4
Motion by Commissioner Henley, seconded
by Commissioner Constantine, to appoint/reappoint John Lommerse and David Evans
to the Agriculture Advisory Committee for two-year terms ending January 1,
2019; Stephen Browne to the Animal Control Board for a one-year term ending on
January 1, 2018; Mark Wesson to the Contractor Examiners Board (Mechanical
Contractor) for a one-year term ending on January 1, 2018; Carmen Bierman and
Imogene Yarborough to the Historical Commission for two-year terms ending
January 1, 2019; Jennifer Dane to the Planning & Zoning Commission for a
four-year term ending January 1, 2021; Jason Sutton to the Parks &
Preservation Advisory Committee for a three-year term ending January 1, 2020;
and to adopt appropriate Resolution #2016-R-215 of Appreciation to Barbara
Whittier for her services on the Parks & Preservation advisory Committee,
appropriate Resolution #2016-R-216 of Appreciation to Charlie “Chip” Frame for
his service on the Tourism Development Council; appropriate Resolution
#2016-R-217 of Appreciation to Ben Tucker for his service on the Board of
Adjustment; appropriate Resolution #2016-R-218 of Appreciation to Dudley Bates
for his service on the Planning & Zoning Commission; and appropriate
Resolution #2016-R-219 of Appreciation to Pamela Neal for her service on the
Library Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
District
5
Commissioner
Carey reported that on December 5 at the Wekiva Basin Commission meeting, they
had some discussion with their local District 5 representatives from DOT about
the $150 million that was paid by the Central Florida Expressway Authority to
pay off their debt. The representatives
were not aware that those funds had been paid based on the conversation that
they had or that there had been any requests for them to use those funds to
help move up the project of the final piece in Seminole County on the Wekiva
Parkway. Commissioner Carey advised the
representatives are aware of it now. She
does have an upcoming meeting with the Secretary of Transportation, Mr. Boxold,
when he is here for one of the local conferences; and she will talk to him
about that project and others at that time.
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Commissioner
Carey reported that Goldsboro had their Farmers Market grand opening on
December 2. It will be a weekly event at
the Westside Community Center located at 919 S. Persimmon Avenue from 2:00
until 6:00. This was sponsored by the
Florida Department of Health in Seminole County in partnership with the
Goldsboro Front Porch/City of Sanford as well as grant funds from Orlando
Health Community grant program.
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Commissioner
Carey referred to the penny sales tax sign at the Markham Woods Road
improvement at the south end of Markham Woods right before you get to SR 434
and pointed out there is a little sign underneath that says "scheduled to
be completed in the fall of 2016."
She believes the project is now complete and suggested that if the
project is complete, they should take that smaller sign down.
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Motion by Commissioner Carey, seconded by
Commissioner Constantine, to appoint/reappoint Imogene Yarborough and Bob Braun
to the Agriculture Advisory Committee for two-year terms; Gayle Hair to the
Animal Control Board for a one-year term; Jennie Hayes to the Board of
Adjustment for a four-year term; Amy Guilfoyle to the Code Enforcement Board
for a three-year term; Bill Miller to the Contractor Examiner Board (Building
Contractor) for a one-year term; Deanna Schott to the Contractor Examiner Board
(Consumer) for a one-year term; Beverly Mason and Pasha Baker to the Historical
Commission for two-year terms; Raychel Garcia and Barbara Hilderbrand to the
Library Advisory Board for two-year terms; David Williamson to the Parks &
Preservation Advisory Committee for a three-year term; and adopt appropriate
Resolution #2016-R-220 of Appreciation to Grace Chewning for her service on the
Library Advisory Board; appropriate Resolution #2016-R-221 of Appreciation to
Bob Turnage for his service on the Historical Commission; and appropriate
Resolution #2016-R-222 of Appreciation to Adele Burney for her service on the
Library Advisory Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
District
1
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to appoint/reappoint John McGrath to the Animal
Control Board for a one-year term; Heather Stark to the Board of Adjustment for
a four-year term; Bill Young to the Contractor Examiner Board (Well Contractor)
for a one-year term; Desta Horner and Paul Zuromski to the Historical
Commission for two-year terms; Anne West to the Library Advisory Board for a
two-year term; Matt Brown to the Planning & Zoning Commission for a
four-year term; Tom Kuhn to the Seminole County Port Authority (SCOPA) for a
four-year term; and adopt appropriate Resolution #2016-R-223 of Appreciation to
Russ Hauck for his service on the Code Enforcement Board; and appropriate
Resolution #2016-R-224 of Appreciation to Greg Pflug for his service on the
Tourism Development Council.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari asked for a status update on the joint
planning agreement with Orange County for McCullough Road. Chairman Horan remarked that there was a
phone call on another issue with Mayor Jacobs and staff in which she
specifically instructed her staff to schedule that. Commissioner Dallari asked what the other
issue was. Chairman Horan explained the
other issue, where Orange County called Seminole County, was in regard to
affordable housing. Chairman Horan
pointed out that there is a real awareness in Orange County right now about the
value of Seminole County and what they can do and how valuable it is to
communicate across county lines. He
advised that he has scheduled a time to meet with the new Orange County
Commissioner, Commissioner Bonilla.
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Commissioner Dallari reported that he had a meeting with FDOT
and county staff regarding the Fire Department and Sheriff's Department
referencing the managed lanes to make sure everyone is aware how the managed
lanes are going to work from a public safety standpoint as well as access. He thanked the Fire Department, Public Works
and Sheriff's Department for participating.
Commissioner Carey stated she believes there needs to be a refresher
course and suggested maybe they could put something on SGTV regarding if
someone sees or hears an emergency vehicle coming behind, they are supposed to
pull over and get out of the way. She
sees more and more people who don’t pay attention to the law and it slows down
the emergency responders. She reiterated
that they could put something on SGTV as a reminder that that is the law.
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Commissioner Dallari reported that the approval of the
Transportation Improvement Plan (TIP) is tomorrow at MetroPlan. The one item which he and Commissioner
Constantine have continued is putting the 417 on the TIP. The reason they are opposed to the item is
because they are express lanes. They are
getting the State to remove that from the title of that work, and they will be
asking the MetroPlan board to continue the item until February. Commissioner Carey pointed out if there was a
capacity issue, they could accomplish the same thing by adding an additional
lane. Commissioner Dallari responded
that they are okay with that and it is not a capacity issue for them. For them, it is the “toll within a toll” that
is an issue.
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Upon inquiry by Commissioner Carey, Chairman Horan advised that
there are two board appointments to the Animal Control Board, Heather Smith who
is the Sheriff's rep and Dr. Stephen Wiseman who is the veterinarian. The Law Library reappointment that is coming
up is Esther McKean. There is a vacancy
on the Tourist Development Council.
Chairman Horan stated he would entertain nominations or if the
Commissioners are not ready and would like some time to think about it, they
can do that. Commissioner Dallari asked
if there were any objections to reappointing the people that Chairman Horan
mentioned. Commissioner Carey stated
that would only leave the Tourist Development Board to come back with a
recommendation. Ms. Guillet stated that
she knows that Trisha Setzer is trying to put together a list of possible candidates
and pointed out that that particular seat is a non-hoteliers seat.
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to reappoint Heather
Smith and Dr. Stephen Wiseman to the Animal Control Board; and reappoint Esther
McKean to the Law Library.
Districts 1, 2, 3, 4 and 5 voted AYE.
District
2
Chairman
Horan listed his appointments and reappointments for Boards and Committees.
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to reappoint Clay Archey and Jim Hunter to the
Agriculture Advisory Committee for two-year terms commencing January 1, 2017;
Bryan Wilson to the Animal Control Board for a one-year term commencing January
1, 2017; Zane Beard to the Board of Adjustment for a four-year term commencing
January 1, 2017; Dan Shaw to the Contractor Examiner Board (Plumbing
Contractor) to a two-year term commencing January 1, 2017; Robert Hughes to the
Historical Commission to a two-year term commencing January 1, 2017; Susie
Dolan to the Parks & Preservation Advisory Committee for a three-year term
commencing January 1, 2017; Dana McBroom to the Seminole County Port Authority
(SCOPA) for a four-year term commencing January 1, 2017; to appoint Matthew
Chriswell to the Seminole County Port Authority (SCOPA) for the remainder of
Bill Poe’s term, which expires January 1, 2020; and adopt appropriate
Resolution #2016-R-225 of Appreciation to Bill Poe for his service on the
Seminole County Port Authority.
Districts
1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman Horan stated he has distributed his liaison assignments
(copy not received and filed), both for the Chairman and for the Board
appointments. He requested a motion to
confirm the BCC appointments.
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to confirm the BCC
appointments.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Horan reported that he will attend the Executive
Committee of the Commission on Homelessness tomorrow where they will discuss
the procedure and substance of several different governance structures. He discussed his attendance at the Florida
Association of Counties (FAC) Legislative Conference where they adopted their
legislative priorities for the year.
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Motion by Chairman
Horan, seconded by Commissioner Dallari, to appoint Jean Jreij, Frank Consoli,
Bill Wharton and, as their alternates, Charlie Wetzel, Anthony Nelson, and Matt
Davidson to the MetroPlan Orlando Technical Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Horan stated that he will be attending and presenting
the trophy for the First Annual Backyard Blitz Senior Bowl, which will be the
all-star football players from Seminole County against the all-star football
players from Orange County. It will be December
14 at 7:00 p.m. at Showalter Field in Winter Park.
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With regard to rest areas and the issue of how far behind they
are in this region in the creation, siting, and construction of freight
movement infrastructure, Chairman Horan explained that it is a regional problem
that requires a regional solution and serious people talking about serious
problems. The rest areas in Longwood are
merely a symptom of that. He stated he
wants to make sure that the record is clear that this Board's position is that
they are not trying to move a problem of rest areas from this county to Volusia
County.
Chairman Horan explained how they are trying to get the entire
region together to seriously talk about the issue and look at those particular
properties and property owners that are interested. He reiterated that this has nothing to do
with Seminole County trying to transfer a problem to Volusia County. They want to work together on a much larger
problem than that. Commissioner
Constantine opined that Volusia County is their friend and partner. Commissioner Carey stated there needs to be a
large enough facility to accommodate all of the freight that moves throughout
the region and it can't be where it is right now. She stated they just need to locate another
spot for that. They are dependent on
that freight to come through. If, in
fact, the rest stop stayed open for passenger vehicles for the traveling
public, that is not an issue. The issue
is it is overflowing because it is not nearly sized for what the demand
is. Chairman Horan stated that mobility
freight infrastructure has to be addressed and is at a critical stage; that is
the issue they want regional cooperation on.
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Chairman Horan referred to an article (copy not received and
filed) in the paper with regard to incentives and discussed both incentives and
economic growth in the county. He
pointed out that over the last four years, the $7 million that the Board has
committed in incentives has generated almost $300 million of capital investments,
over 4,500 jobs, and over $250 million of additional wages.
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Commissioner Carey requested follow-up information from the
November 15 BCC meeting regarding the hotel on Douglas that has been abandoned
that staff is supposed to schedule a meeting about and talk to Altamonte
Springs about. Ms. Guillet stated she
had a conversation with the City Manager yesterday, who is going to follow up
and speak to Valmarie Turner. She stated
there may be some land use and zoning issues associated with that; that is a
threshold issue as to whether it would be a permitable use. They are also looking at a compatibility use
with respect to that corridor. They do
have an estimate on the mold assessment; but before they move forward and
expend any money, they would like to deal with some of the land use
issues. Commissioner Carey pointed out
that if there is an opportunity, they should probably try and seize it; and if
there is not, they need to look for the next opportunity.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Letter
dated November 8, 2016, from Michelle Longo, City Clerk, City of Longwood, to
Chief Administrative Officer of Seminole County re: Annexation of Parcel
#36-20-29-508-OX00-026A.
2.
Letter
dated November 9, 2016, from Angela Apperson, City Clerk, City of Altamonte
Springs, to Chairman Horan re: Voluntary Annexation of property at 704 W. SR
436.
3.
Letter
dated November 21, 2016, from Diane Gutierrez-Scaccetti, Executive Director and
Chief Executive Officer of FDOT, to Chairman Horan re: SR 408 Eastern Extension
Project Development and Environmental Study (PD&E Study).
4.
Letter
received November 21, 2016, from Petrina Tuttle-Herring, Bureau Chief, FDLE, to
Chairman Horan re: Contract No. 2016-JAGC-SEMI-6-H3-110.
5.
Letter
dated November 29, 2016, from Yvonne Mouser, GIS Technician, City of Oviedo, To
Whom It May Concern, re: correcting the name of Hillcrest Street to Hillcrest
Drive.
6.
Letter
dated November 29, 2016, from Community Development Services, City of Longwood,
to Chairman Horan re: Annexation of Parcels 20-20-30-502-OFOO-003B,
20-20-30-502-OFOO-0030, 20-20-30-502-OFOO-0040, 20-20-30-502-OEOO-0080,
20-20-30-502-OEOO-0090, 20-20-30-502-OFOO-003A, 29-20-30-300-001A-0000, and
29-20-30-300-0080-0000.
7.
Letter
dated November 29, 2016, from Ray Valdes, Seminole County Tax Collector, to
Chairman Horan re: Real Estate Parcels Titled in the Name of the Seminole
County Tax Collector.
8.
Notice
of Public Hearing received November 30, 2016, from the City of Lake Mary re:
Planning and Zoning Board Meeting to be held on December 13, 2016, at 6:00 p.m.
re: Final Subdivision Plan for Waterside II.
9.
Letter
dated December 5, 2016, from Cindy Dick, Interim Division Director, Florida
Department of Health, to Chairman Horan re: EMS Grant in the amount of $80,258.
10.
Letter
dated December 6, 2016, from Joel Greenberg, Seminole County Tax
Collector-elect, to Chairman Horan re: Objection to Transfer of all Tax
Collector Real Property to County by Outgoing Tax Collector.
11.
Memo
from Lori Griffith, Senior Administrative Assistant, St. Johns River Water
Management District, to Board of County Commissioners re: 2017 Governing Board
Meeting Schedule.
12.
Letter
dated December 8, 2016, from Maryanne Morse, Clerk to the Circuit Court and
Comptroller, Seminole County, to Chairman Horan re: December 13, 2016 Seminole County Commission Meeting Agenda
Item #35.
ITEMS
FOR FUTURE AGENDA
Michael Johnson, Altamonte Springs, addressed the Board to state
that he lives in Rolling Hills. Mr.
Johnson advised that he retired last year after 36 years with the Department of
Defense. During those years, the
paperwork increased to the point it became overwhelming. He discussed some of the waste and fraud with
NASA and cautioned the Board that they need to keep the regulations,
procedures, and processes down. He
suggested they get rid of the ones that are on the books now.
Mr. Johnson stated when they shut down a business, they are
shutting down their tax base. The codes
and ordinances need to be rewritten to favor businesses, favor
development. He stated at the same time,
he is asking the Commission to also build good roads. When you go to Norway, Denmark, Germany, and
Sweden, they are building roundabouts to save thousands of dollars in light
costs, wrecks, and accidents. He
encouraged the Board to hire people to go to Norway and look at how they design
their systems. Mr. Johnson stated he is
proud of the Board.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 4:57 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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