BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 12, 2015
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, May 12, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman John Horan (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Chief Deputy Clerk of Court Linda Bachtell
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Dr. Walt Person, Sanford Church of Christ, Sanford, gave the Invocation.
Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for American Bronze Foundry was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – A-0722-15
Motion by Commissioner Henley, seconded by Commissioner Dallari, to approve appropriate Resolution #2015-R-84 recognizing Fallen Heroes and Memorial Day.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ed Burford, Seminole County Veterans Service Officer, addressed the Board to thank them for the Resolution on behalf of the more than 35,000 veterans in Seminole County, on behalf of the firefighters, first responders, police, and law enforcement. He stated the Board’s dedication to these organizations is more than just words as is shown by the Heroes Memorial that will be dedicated on May 25th.
Chairman Carey thanked Mr. Burford for his service and said he is very focused on the needs of their veterans. Nicole Guillet, County Manager, added that she was informed yesterday that Mr. Burford was selected as the Veterans Service Officer of the Year by the Florida Division of Veteran Affairs.
Agenda Item #2 – A-0747-15
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt a Proclamation declaring the week of May 17th through May 23rd, 2015 as Emergency Medical Services Week in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chief Leeanna Mims, Public Safety Fire Chief, addressed the Board to thank them for the recognition of EMS Week. She advised that a goal this year is to teach hands-only CPR to at least 500 citizens by June 1st. Florida Hospital Altamonte will be recognizing EMS on Thursday and the following week they are doing a life-saving and citizen’s award at Lake Brantley High School in conjunction with the school system. They also will be having an open house at their EMS Lab.
Commissioner Dallari stated that not only the Department was recognized as the EMS provider for the State of Florida but they have had several individuals recognized as well. He added the level of service and care they provide is truly phenomenal, not just in Seminole County but in the region. He explained that they had a training exercise in the EMS Lab last week that brought in surrounding counties. Chief Mims expounded on the details of that training.
Chairman Carey stated that the firefighters and EMS personnel do a wonderful job serving the community and the Commission appreciates all that they do.
Agenda Item #3 – A-0770-15
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt a Proclamation declaring the month of May 2015 as Children’s Mental Health Awareness Month in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Proclamation was presented to Judy Creel, The Children’s Cabinet of Seminole County, who expressed appreciation. She stated here and across the nation, one in five children have some type of mental health issue and 80% of those do not get the help they need. She added the issues are treatable and early intervention makes a huge difference. The Children’s Cabinet of Seminole County’s website is www.seminolechildren.org and there are resources there for mental health issues.
Commissioner Dallari recognized Dr. Swannie Jett in the audience and stated Dr. Jett is not only in charge of the Seminole County Health Department but is also active-duty military.
No Agenda Item Number
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve appropriate Resolution #2015-R-85 recognizing Bill Belleville as Seminole Cultural Arts Council’s Artist of the Year for 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Resolution was presented to Mr. Belleville who addressed the Board to express his appreciation and he also thanked the Seminole Cultural Arts Council. He said he is primarily a nature writer and is very impressed with the quality of life and the quality of nature in Seminole County. He has been all over the world and always comes back to Florida because there is so much here that is real and meaningful. He opined the Wekiva River System is one of the best protected river systems in the State of Florida. He added that as an author and filmmaker he tries to tell a story to communicate something vital about a place and in doing so, he tries to help raise a bit of consciousness so people go to nature on some level and from that experience, have a connection and their own very essential bond.
Chairman Carey stated he has done a wonderful job in raising awareness and they really appreciate his efforts.
Agenda Item #4 – A-0681-15
Noranne Downs, District 5 Secretary for the Department of Transportation, addressed the Board and stated she is here today to thank the Board because if it were not for their dedication and trust, they would not be here today with SunRail. She said the Board has been there from the beginning and many know what it took to get the project to fruition. SunRail celebrated its first year; they wanted the numbers to be around 4,300 and they were about at 4,100, but that does not include the free rides. They also hoped they would be up to $1 billion with the transit oriented development (TOD) and they are up to about $3 billion. She distributed a one-year pin, a great book and video that shows all the diversity on the train and a nice alternative to get from point A to point B. She then played the video.
Ms. Downs advised that Phase II South is going well and they are applying for a TIGER grant for Phase II North; they are just getting started to see what they can do for Phase III and price that out. Chairman Carey advised that Ms. Downs had requested a letter (copy received and filed) from the Board in support of that TIGER grant. Commissioner Dallari stated all the Commissioners have all received a copy and have had a chance to review it.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute a letter in support of a TIGER 7 Grant Application by the State of Florida Department of Transportation (FDOT) to provide $35 million in funding required to extend SunRail service north from DeBary to DeLand in accordance with ratified Interlocal Agreements.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey advised Ms. Downs that there are still some issues in her district by the maintenance station and hopefully they can get an update. Also, she stated she has talked to the Mayor of the City of Sanford about what the resolution will be to try to help the citizens of the Preserve at Lake Monroe and she looks forward to talking with Ms. Downs and following up on that at a later date.
Commissioner Horan congratulated Ms. Downs on the first year of operation and how efficient everything was. He said he is not concerned about ridership numbers until they get a measured mile and a critical mass of usage over a period of time. He stated when talking to people in economic development, site selectors, corporations, business that are thinking of moving their operations, and the financial press, what they really focus on in Central Florida is the $6 billion of investment being put in with SunRail, the Wekiva Parkway, the Ultimate I-4 Project, their investment in the Sports Complex, and the investments already made in trails and things like that. This all really makes a difference to companies, people who want to move operations and work and live in a place where they are not behind the eight ball. He added that the important thing about SunRail is they have the infrastructure in place to build on it. Also, they are ahead of the curve in terms of repair and maintenance of their infrastructure. He congratulated the DOT and the partnership in the entire region for setting that table because it is really important.
Commissioner Dallari commended Ms. Downs and her staff for continuing to work with the Board on issues that occur. In regard to the rail yard, he knows that Ms. Downs’ department and staff is still working on that and he feels confident that there will be a good resolution to that. He added they had a meeting last night with MetroPlan and citizens regarding the issues with the I-4 rest stop and he thanked her staff for being there and being open to try to make it a win-win for all entities. They have not come to a solution yet but it was a good start.
Commissioner Constantine stated it has been a pleasure working with Ms. Downs in trying to get this passed. He said it is wonderful to see the fruition of SunRail and the expansion of SunRail and commended Ms. Downs and her staff. He stated he can see the transformation starting to happen all along the corridor and he looks forward to the expansions and SunRail running on the weekends.
Commissioner Henley stated he has worked with Ms. Downs for many years and sat through many meetings with her since she was also on the LYNX Board and attends all of the SunRail Commission meetings. He said he is not impressed easily, but it continues to “blow his mind” when he thinks about all that it took to get SunRail up and running; the minutia and the voluminous contracts they have had to manage. He is amazed at what Ms. Downs and Tawny Olore, SunRail Program Manager, have accomplished to get SunRail to where it is today. He added that hopefully they are on the doorstep of extending it farther up the line.
Chairman Carey commended Ms. Downs’ and asked her to express to Ms. Olore the Board’s support and congratulations to her and her team. She stated it is great to see that they have five privately funded shuttles and she hopes they continue to work with the employers to provide shuttle service because it is a great opportunity. She then talked about sports fans using the trains at night to attend different games and how much that alleviates the traffic. She thanked Ms. Downs for her support for not only SunRail, but in everything that they work on together.
Commissioner Constantine echoed Commissioner Dallari’s appreciation for FDOT staff attending the meeting with neighbors regarding the I-4 rest stop issues. He stated Steve Olson was there and he spoke to him about a problem right off of Ronald Reagan Boulevard and near the Longwood Station; it was backed up way past SR 434. He said hopefully that can get taken care of because the City of Longwood has mentioned this issue to him a couple of times. Ms. Downs advised that their Chief Operating Officer is working with Longwood on this. The COO went out and looked at the situation and he is going to meet with city leaders on site.
Nicole Guillet, County Manager, advised in regard to the Regular Agenda that staff has requested Item #18, Master Services Agreement under PS-0009-15, be pulled and brought back at a later date. Also, there is an add-on Item #18A, Addendum #3 to the Colonial Town Park Planned Development (PD) Developer’s Commitment Agreement.
COUNTY MANAGER’S CONSENT AGENDA
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.
Commissioner Constantine stated he would like to pull Item #5, Resolution amending the Administrative Code in connection with debit/credit cards, for discussion.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize and approve the following:
6. Approve and authorize the Chairman to execute seven (7) Satisfactions of Mortgage for households assisted under the County's HOME/SHIP Home Ownership Assistance Program, the Rehabilitation Assistance Program or the Reconstruction Assistance Program for the following: Ronise L. Carter, Melissa Fulcher, Anayansi Oxamendi, Luz M. Santos Gonzalez, Anglyn Christa Smith a/k/a Anglyn C. Smith, June M. Weiser, and Claudia Zamarriego. (A-0762-15)
Tourism Development Division
7. Approve and authorize the Chairman to execute a Tourist Tax Funding Agreement with Florida Amateur Softball Association, Inc. (ASA) in the amount of $9,500 for the 2015 Florida ASA Championship - Girls Fast Pitch Softball Tournament to be held June 12 through 14, 2015. (A-0756-15)
8. Approve and authorize the Chairman to execute the First Amendment to a Tourist Tax Funding Agreement with the Florida Rush Soccer Club relating to the 2015 Champions Cup Soccer Tournament to be held May 16 and 17, 2015. This Amendment requests a change to one of the venues, replacing the fields at East Lake Mary Boulevard with the fields at the Seminole Soccer Complex. (A-0761-15)
Animal Services Division
9. Approve the Animal Rabies Control Program Interlocal Agreement between Seminole County and the Florida Department of Health in Seminole County and authorize the County Manager to execute the Agreement and approve and execute any future modifications. (A-0662-15)
10. Adopt appropriate Resolution #2015-R-86 and authorize the Chairman to execute a Locally Funded Agreement (LFA) with the State of Florida, Department of Transportation (FDOT) in the amount of $90,260 for the design to relocate the existing intersection on SR 15-600 (U.S. Hwy 17-92) and Bargain Boulevard to the south in conjunction with the SR 15-600 (U.S. Highway 17-92) Widening Project from Shepard Road to Lake Mary Boulevard. (FDOT – Financial Management #240196-1-32-01) (A-0683-15)
Traffic Engineering Division
11. Adopt appropriate Resolution #2015-R-87 and authorize the Chairman to execute the Locally Funded Agreement with the State of Florida, Department of Transportation (FDOT) and Seminole County in the amount of $143,650 for the upgrade of mast-arm signals at two intersections on CR 427 (Ronald Reagan Boulevard) at Palmetto Avenue and Leonard Street. (A-0710-15)
Budget and Fiscal Management Division
12. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-88 implementing Budget Amendment Request (BAR) #15-064 through the Fire Protection Fund to appropriate budget of $32,000 from Reserves for the replacement of the 1,000-gallon potable water tank at Seminole County Fire Station #42. (A-0649-15)
13. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-89 implementing Budget Amendment Request (BAR) #15-077 through the Community Services Block Grant Fund (CSBG) in the amount of $77,583 to establish funding for additional FY2014/15 CSBG base grant increase and carryover funds from the County's FY2014 CSBG contract. (A-0757-15)
14. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-90 implementing Budget Amendment Request (BAR) #15-078 through the 2001 Infrastructure Sales Tax Fund to appropriate budget of $290,260 from Reserves to establish the U.S. Hwy 17-92 at Five Points Complex Project. (A-0753-15)
15. Adopt and authorize the Chairman to execute appropriate Resolution #2015-R-91 confirming the Non-Ad Valorem Variable Rate Assessments for tax year 2015. (A-0698-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
Consent Agenda Item #5 – A-0671-15
Regarding an Amendment to Seminole County Administrative Code in connection with debit/credit cards, Commissioner Constantine stated he requested this item be pulled for a separate discussion because he has concern and has heard from citizens about the cost of the $3.00 minimum fee. He stated it is established by the Board in the Code and no matter what, whether the Clerk wished to reduce it or not, she would not have the ability to do so because the minimum is $3.00, with a maximum of $5.00. He thinks that for the purposes of giving the Clerk flexibility and the opportunity for the citizens, especially those that are using a credit card for the smaller purchases and many times, in this case, it is those that have less money than more, he said he believes it would be convenient and save money for their citizens and just plain fair when there are smaller amounts to reduce it to $1.00. He suggested they amend the Code to state there is a minimum of $1.00 and a maximum of $5.00 to give the Clerk the flexibility to maneuver, if she wished to do so, between those dollars.
Steve Fussell, Organizational Development Manager, addressed the Board to advise they went through a lot of scenario analysis with regard to the fees the merchant provider was charging them and the best guess at that time, initially, was the $3.00. They went with the $499 cap to see how this would go. Now they are making a bit more revenue on this and they need to be zero, so by increasing that cap to $1,500 the Clerk feels that this will even everything out. Going forward as contracts are negotiated and fees perhaps change, he believes that would give a bit more room for the Clerk to determine if it does need to be reduced to meet revenue requirements.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve appropriate Resolution #2015-R-92 amending Section 20.1 of the Seminole County Administrative Code, Acceptance of Credit and Debit Cards, to increase the maximum transaction amount that may be paid by debit or credit card to $1,499.99; to allow donations to be made with a credit or debit card; to add the designation of Comptroller when referring to the Clerk of the Circuit Court; to establish the credit/debit card convenience fee at a minimum of $1.00 to a maximum of $5.00 per transaction as recommended by the Clerk of the Circuit Court and Comptroller, and to provide an effective date.
Discussion ensued regarding lowering the minimum convenience fee amount. Commissioner Horan confirmed with Mr. Fussell that there are legal requirements that they not make money off of the charge and now they are essentially creating a surplus off of the administrative charge. He added that they need to adjust it in such a way that it is not only convenient and fair to the public but they also need to comply with the law. Commissioner Constantine stated he wants to give flexibility to the Clerk to adjust it when she deems necessary. Upon Chairman Carey’s inquiry, Linda Bachtell, Chief Deputy Clerk of the Circuit Court, stated she does not have the authority to comment on the issue in the Clerk’s absence. County Attorney Bryant Applegate questioned whether they should first hear from the Clerk regarding the change. Chairman Carey stated the Clerk does not have to change the fee and if the Board approves a change to the language, the Clerk has the flexibility to change it; however, she just wants to make sure that the Clerk is covering her cost and not having to look to raise fees in other places to start to cover that cost. Therefore, she does not see an issue with making it one dollar to five dollars because the Clerk will make the ultimate call.
Commissioner Dallari wanted to clarify with the motioner that this is for a revenue neutral proposal per State Statute. Commissioner Constantine agreed to amend the motion to include the revenue neutral language and the seconder agreed. Chairman Carey stated she would like to include the “revenue neutral” language and also the section number of the State Statute.
Therefore, the following should be added to the original motion, to remain revenue neutral per Section 215.322(3)(b), Florida Statutes immediately following the verbiage, to establish the credit/debit card convenience fee at a minimum of $1.00 to a maximum of $5.00 per transaction as recommended by the Clerk of the Circuit Court and Comptroller.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the following:
16. Approve Expenditure Approval Lists dated April 13 and 20, 2015; Payroll Approval List dated April 9, 2015; and the BCC Official Minutes dated April 14, 2015. (A-0763-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended September 30, 2014.
2. Scriveners Error Correction for Development Order #14-20500033, Kentucky Street PD Major Amendment and Rezone, Ann Takvorian, correcting the BCC approval date.
3. Development Order #15-30000024, Variance, Jo Rey Lopez, 1224 Marie Avenue.
4. Pet Rescue Cooperative Service Agreements with Buddies for Life, Inc.; Fallin’ Pines Critter Rescue, Inc.; Florida Dachshund Rescue, Inc. and Project Paws.
5. First Amendment to SS-602228-15, AT&T ILEC Intrastate Pricing Schedule for the Upgrade of Intrado VIPER 911 System.
6. RFP-602167-15, Proposal for management, operation, programming, marketing, promotion, and maintenance of Seminole County Sports Complex by Sports Facilities Management, LLC, Clearwater.
7. Third Amendment to IFB-600613-09; Team Equipment, Inc.
8. First Amendment to IFB-602096-14; Hubbard Construction Company.
9. First Amendment to IFB-602096-14; P&S Paving, Inc.
10. IFB-602211-15, Term Contract; Trafficware Group, Inc.
11. IFB-602212-15, Term Contract; Chinchor Electric, Inc.
12. IFB-602212-15, Term Contract; Traffic Control Devices, Inc.
13. IFB-602230-15, Term Contract; Cypress Supply, Inc.
14. Work Order #14 to RFP-5847-10.
15. Second Amendment to RFP-601033-11; Nortrax, Inc.
16. Tenth Amendment to RFP-601461-12; Florida Cleaning Systems, Inc.
17. Amendment #1 to Work Order #62 to PS-4388-09.
18. Work Order #15 to PS-4736-09.
19. Work Order #9 to PS-6865-11.
20. Closeout to CC-8105-12.
21. Work Order #23 to PS-8186-13.
22. Closeout to Work Order #24 to CC-8199-12.
23. Work Order #28 to CC-8199-12.
24. Amendment #1 to Work Order #12 to PS-8286-13.
25. Change Order #2 to Work Order #2 to CC-9184-13.
26. Work Order #1 to PS-9738-14.
27. Change Order #2 to CC-9660-14.
28. Bids as follows:
IFB-602237-15 from Stericycle, Inc.; United Medical Industries Corp.; Safewaste of Florida, LLC; Cyntox, LLC; Medigreen Waste Services; Secure Waste Disposal, Inc.; Medical Disposal Systems;
RFP-602203-15 from Raynor Shine Services, LLC; TAG Grinding Services, Inc.; Treecycle Land Clearing, Inc.; Consolidated Resource Recovery, Inc.; and
RFP-602204-15 from de la Parte & Gilbert, P.A.; Michael C. Sasso, P.A.; Quintairos, Prieto, Wood & Boyer, P.A.; Railey, Harding & Allen, P.A. Schneck Legal; Shutts & Bowen, LLP.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve the following:
17. Approve expenditure of $5,000 from the Law Enforcement Trust Fund for a contribution to the Seminole County NAACP to provide funding in support of their Scholarship Fund. (A-0758-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #18 – A-0755-15
Pulled from the Agenda PS-0009-15/RTB, Master Services Agreement for Design Services for Minor Projects with Construction Costs Less Than $2,000,000.
Agenda Item #18A – A-0821-15
Tony Matthews, Planning & Development Division, addressed the Board to present a request to approve Addendum #3 to the Colonial Town Park Planned Development (PD) Developers Commitment Agreement for property located on the north side of CR 46A, between I-4 and International Parkway on 175 acres; Tom Green, Providence One Operating Company, Applicant.
Mr. Matthews advised that the Applicant is requesting approval to Addendum #3 to the Agreement transferring 150,000 square feet of office square footage to Lot 9 within Parcel H of the Colonial Town Park Planned Development. He stated that staff has provided in the Agenda Memorandum a number of findings in support of this. In summary, he stated this request does not adversely impact the overall intent and character of the development or increase the likelihood of any local or regional impacts. Staff recommends approval with staff findings.
Motion by Chairman Carey, seconded by Commissioner Dallari, to approve Addendum #3 to the Colonial Town Park Planned Development (PD) Developers Commitment Agreement transferring 150,000 square feet of office square footage to Lot 9 within Parcel H of the Colonial Town Park Planned Development, with staff findings, Tom Green, Providence One Operating Company, Applicant.
No one spoke in support or in opposition.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S REPORT
COUNTY ATTORNEY’S REPORT
The Board recessed the meeting at 10:37 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Chief Deputy Clerk of Court Linda Bachtell, who was absent, and Deputy Terri Porter who was replaced by Deputy Clerk Erin Leben, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Henley, 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.
BOA APPEAL/1185 WILLINGHAM PLACE/
Agenda Item #19 – PH-2015-069
Proof of publication calling for a public hearing to consider a request to Appeal the Board of Adjustment’s decision to deny the request for a side-yard (north) setback variance from fifty (50) feet to 10 (ten) feet for a barn for agricultural use in the A-5 (Rural Zoning Classification/Rural Subdivision Standards) district for property located approximately 4,000 feet north of Old Chuluota Road, and more particularly known as 1185 Willingham Place, Frank Mediavilla, received and filed.
Denny Gibbs, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. She advised on February 23, 2015 the Board of Adjustment denied the Applicant’s request for a side-yard north setback variance from 50 feet to ten feet for a barn at 1185 Willingham Place. She stated the zoning on the property is A-5, which is a rural zoning. On March 2nd, the County received a Notice of Appeal from the Applicant, Frank Mediavilla, who submitted two letters of support. She advised one letter is from the Chuluota Sportman’s Club, who owns the 30-acre track immediately north of Mr. Mediavilla’s property, and the other letter is from the neighbor immediately to the west of his property.
Frank Mediavilla, 1185 Willingham Road, Applicant, addressed the Board to state staff has been wonderful to work with throughout this process. Mr. Mediavilla explained his reason for appealing the decision of the Board of Adjustment is to provide additional information such as the letters of support from the neighboring properties. He does not feel that the construction of this barn will have any negative impact to the neighboring properties. Regarding the nearby property owned by the Chuluota Sports Club, Mr. Mediavilla advised that is a landlocked piece of property that was purchased to serve as a buffer and there are no plans by the Chuluota Sportsman Club to do anything with it. He stated the Chuluota Sportsman Club property is an approximately 30-acre parcel to the north of where he wants to construct his barn. He mentioned that if he was proposing to build a house or an accessory dwelling to a house, rather than a barn, only a 10-foot setback would be required.
At the request of Commissioner Dallari, Ms. Gibbs indicated on an aerial photograph and the proposed Site Plan where the barn would be on Mr. Mediavilla’s property. Ms. Gibbs added that Mr. Mediavilla’s property is probably two-thirds wetlands so he is limited to where he can construct, and he also intends to build a house. Mr. Mediavilla explained that his is a six-acre parcel but only about an acre and a half of that is buildable uplands. He added part of the reason he purchased the property was because he loved the trees and he does not want to take down any more trees than necessary to put the structure up.
Upon inquiry by Commissioner Dallari regarding Mr. Mediavilla’s comment that he would be able to build the barn closer to the property line if it was a house, Ms. Gibbs explained that in the agricultural districts, the front setback is 50 feet and the side setback is 10 feet for residential structures.
Upon inquiry by Chairman Carey, Ms. Gibbs advised Mr. Mediavilla plans to keep agricultural equipment in the barn, not animals. Mr. Mediavilla briefly explained he does have four horses but they are on a neighboring property. Upon further inquiry by Chairman Carey, Ms. Gibbs advised that until Mr. Mediavilla has a residential structure on the property, the barn cannot be considered an accessory. She explained that because the property is agricultural and Mr. Mediavilla is going to do an agricultural-type use on the property, that is the only thing that does apply currently.
Upon inquiry by Chairman Carey, Mr. Mediavilla explained his long-term plan is to build a house on the property. He advised currently he lives in the Sanctuary, and he and his family use the property to use the horse trail that comes right to the back of the property.
No one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to overturn the Board of Adjustment’s decision to deny the request for a side-yard (north) setback variance from fifty (50) feet to 10 (ten) feet for a barn for agricultural use in the A-5 (Rural Zoning Classification/Rural Subdivision Standards) district for property located approximately 4,000 feet north of Old Chuluota Road, and more particularly known as 1185 Willingham Place, as described in the proof of publication, Frank Mediavilla; Approval Development Order.
Districts 1, 2, 3, 4 and 5 voted AYE.
LAKE HAYES REZONE/Ahmad Ghandour
Agenda Item #20 – PH-2015-081
Proof of publication calling for a public hearing to consider a request a Rezone from A-1 (Agriculture) to R-1AA (Single-Family Dwelling) for approximately five acres, located on the north side of Lake Hayes Road, east of Alafaya Trail, Ahmad Ghandour, received and filed.
Joy Giles, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. She stated the Planning & Zoning Commission met on April 1, 2015 and voted unanimously to deny the request and recommended a rezone from A-1 (Agriculture to R-1AAA (Single-Family Dwelling). Ms. Giles advised staff recommends adoption of the Ordinance enacting a Rezone from A-1 (Agriculture) to R-1AA (Single-Family Dwelling) for five acres, located on the north side of Lake Hayes Road, east of Alafaya Trail.
Jean Abi-Aoun, Florida Engineering Group, on behalf of Sun-Tec Builders, addressed the Board to advise that Ahmad Ghandour, president of Sun-Tec Builders is in attendance. He displayed an aerial map (received and filed) and advised this map was not displayed at the Planning & Zoning Commission (P&Z) hearing. He stated the Planning & Zoning Commission saw an aerial that ends at the A-1 zoning depicted on the map. He believes when the Planning & Zoning Commission made their recommendation, they were under the impression that anything east of the subject property has an agricultural designation. He explained that the A-1 zoning is really an enclave and it does not extend to the east. He indicated where Alafaya Woods is in relation to the site and stated they have a higher density than what the Applicant is proposing. He opined that R-1AAA zoning does not really fit on this particular site as everything around the site is R-1AA. He stated he maintains the same recommendation of R1-AA as it is compatible with the trend of development in this area.
Mr. Abi-Aoun stated at the P&Z meeting there were several requests from residents to have bigger houses if this is approved and Mr. Ghandour has agreed to that. He explained that R-1AA requires 1,300-square-feet-minimum house size and they are committing to 2,300 square feet, so the value of the houses in this area will be maintained.
Mr. Abi-Aoun explained there are utilities only slightly over 300 feet to the west of the site and the Applicant is planning to extend the utilities to the site so there will be water and sewer. Regarding the concerns of the immediate neighbors with the bigger A-1 parcels, Mr. Abi-Aoun advised the closest house to the property line is about 150 feet. He stated there is a lot of distance between the development and the houses closest to the property. He added there is vegetation on the neighboring properties that can serve as a buffer.
Mr. Abi-Aoun stated he feels their request is compatible with the Future Land Use designation of Low-Density Residential, which allows up to four units per acre, although the development will have less than that. He concluded by stating they feel the development is compatible with the trend of development and offered to answer any questions the Board has.
At the request of Chairman Carey, Mr. Abi-Aoun confirmed the Applicant is committing to a minimum house size of 2,300 square feet.
Chairman Carey stated the Board has received a list of written comments and she wants to clarify a couple of things. She asked Ms. Giles that since the request is for a straight zoning and not a planned unit development, whether if there is any requirement for a perimeter fence or wall or anything separating the development from the abutting properties. Ms. Giles responded that when an applicant comes in for the preliminary subdivision plan, it is evaluated at that time. She stated the County has a new buffer ordinance that takes densities between adjacent properties into consideration. She advised the Applicant may be required to provide a ten-foot buffer around the perimeter of the land that abuts the A-1 zoned property, but they will not know until they actually come in with a plan showing the layout of the lots.
Upon inquiry by Chairman Carey, Ms. Giles confirmed the request is for 25-foot front, 10-foot side and 30-foot rear setbacks based on R-1AA straight zoning. Chairman Carey stated there was some concern regarding the entrance to the development and she is sure as it comes through for preliminary subdivision, staff will be looking at aligning that entrance with other access points possibly across from it. Ms. Giles confirmed that is correct.
Upon inquiry by Chairman Carey, Mr. Abi-Aoun advised there are no current plans to install streetlights but the Applicant does not oppose them. He confirmed they would install streetlights on the interior of the development only.
Chairman Carey submitted Letters of Concern into the record. She stated the Board did receive a corrected P&Z recommendation, updated P&Z minutes and letters of opposition from Frank M. and Judy W. Seay.
Kris Lynch, 2495 Paddock Way, addressed the Board to state although the developers’ homes look beautiful from the road, the residents have a difference of opinion in terms of compatibility to the surrounding area. She displayed a series of pictures (received and filed) and indicated that her neighbor’s property at 872 Lake Hayes Road is bordered by Mr. Ghandour’s initial development, Magnolia Point, without a buffer, and her neighbor can no longer have ponies due to someone putting lights and bird feeders on her fence line. She stated the buffer is very important to the residents and they know that this development will change their homes permanently.
Ms. Lynch stated she and her husband have lived in their home since 1998 and there are families that have lived on the road for decades. Ms. Lynch advised at the time she purchased the home in 1998, they were protected by a deed restriction and she does not know what happened with that. She stated this is the home of her dreams and she pays a good deal of taxes to be able to afford it. She said this is a “drop in the bucket” to a developer that stands to make millions of dollars on this project, but the area is everything to the residents and represents a peaceful place to come home to at the end of a difficult day. Ms. Lynch discussed the beauty of the enclave of where she lives. Ms. Lynch’s written comments and additional pictures were submitted into the record.
Upon inquiry by Commissioner Dallari, Ms. Giles explained that if there are any deed restrictions on that property, they would not be governed by the County. It would be governed by a Homeowners Association and she advised staff does not have any knowledge of a deed restriction. Chairman Carey confirmed with Ms. Giles that if the residents believe there is a deed restriction and can prove it, it becomes a civil matter.
Nancy Honold, 2459 Paddock Way, addressed the Board to state the residents refer to the Lake Hayes property as the Paddock Way property and it is Lot Number 1 of 8 five-acre lots. She stated the original intent of these properties over 30 years ago was that they shall be used for residential purposes by a single family, no lot or parcel shall be further subdivided, and the minimal lot area for a single-family residence shall be five contiguous acres. The residents that are living on the other seven lots are following the intent of this original plan.
Ms. Honold stated the residents enjoy their acreage, their animals and being undisturbed by the surrounding area's developments because they have no direct impact on Paddock Way. She stated the residents really want to keep their area the way it is and she would really like to see that these eight lots remain A-1 zoning.
Upon inquiry by Chairman Carey, Ms. Giles explained this property is considered an unrecorded plat and that in 1983 it was divided as if it were going to be platted, but it was never actually platted.
Commissioner Dallari confirmed with Mr. Applegate that when something is unrecorded, it is considered raw land. Mr. Applegate added that if there is a dispute over what a deed restriction says, that is purely a civil matter between owners of the property.
Pamela Broome, 2486 Paddock Way, addressed the Board to express her concern regarding the impact this development will have on the existing homes. She displayed the aerial photograph (previously received and filed) and indicated the roadway appears to be located within the proposed developer’s parcel and stated the proposed development needs to address access for the existing residents.
Ms. Broome displayed several photographs (received and filed) of the current view of her neighborhood. She indicated the location of Paddock Way on the aerial map. Ms. Broome displayed pictures of potholes on Lake Hayes Road (received and filed) and stated the road is past due for repair. She stated the County routinely patches the potholes with cold mix but the road is failing. At the request of Chairman Carey, Ms. Broome confirmed that a portion of Lake Hayes Road is a private road. She indicated on the aerial map where Lake Hayes Road ends and Paddock Way begins and again confirmed that part of Lake Hayes is a private road.
Ms. Broome displayed a photograph of a drainage ditch on Lake Hayes Road in between the proposed site and the Stillwater subdivision (received and filed) and discussed the problems with the safety of Lake Hayes Road. Ms. Broome stated the residents of Lake Hayes' five-acre development are all long-term residents ranging from 7 to 31 years. The proposed development is surrounded on three sides by five-acre farms. She stated they are separated from the Stillwater subdivision by a block wall and drainage ditch, and there is one way in and one way out. She respectfully asked the Commissioners to consider zoning one house per acre as she feels it is more consistent with the surrounding areas.
Bart Luscuskie, 872 Lake Hayes Road, addressed the Board to state he lives to the west of the proposed rezone. He displayed an aerial photograph (received and filed) and clarified his property has a designation of Agricultural, but in the Applicant’s aerial photograph it is listed as R-1AA. Chairman Carey requested staff confirm the designation of Mr. Luscuskie’s property.
Mr. Luscuskie displayed a photograph of Lake Hayes Road (received and filed) and discussed the ditch that Ms. Broome mentioned as well as the concrete block wall that separates the Stillwater subdivision. He advised the subject property is not part of the Stillwater development and has no ties to it geographically, socially, or in any other way to the property across the street. Mr. Luscuskie displayed another photograph of Lake Hayes Road (received and filed) and indicated where his driveway begins. He pointed out the 30-foot ditch, the 30-foot right-of-way for the road and the concrete block wall. He stated if the Board approves this development, it will put his property in the middle of two housing developments and he feels that is incompatible with the current situation of that property, his lifestyle, and the use of that particular piece of property.
Mr. Luscuskie opined if this zoning change is approved, it will be a serious intrusion into an ever-decreasing part of the rural lifestyle. He stated there is a lot of wildlife that seek refuge in this area.
Commissioner Constantine left the meeting at this time.
Bill Hyde, 2379 Audley Street, addressed the Board to state he is in support of the recommendation of the P&Z Commission. He pointed out that the Applicant would be making an enclave, not taking one away, because the properties on three sides are all Agricultural.
Mr. Hyde stated an increase in density on Lake Hayes Road has been occurring for years and the traffic that has been “dumping out” onto Lake Hayes Road, Mr. Hyde said he pulled the traffic reports for a number of the accidents, and there have been about eight to ten accidents at the corner of Lake Hayes Road and Alafaya Trail in the last year or so, one of which involved a head-on collision with a school bus. He discussed his concern with the increase in density creating more traffic and damaging the road which is already in bad shape. He stated approval of this rezone will change the lives of a lot of his neighbors and will create a residential enclave right in the middle of their farm-type areas.
Commissioner Constantine reentered the meeting at this time.
Mr. Hyde reminded the Board the residents are the ones that are going to bear the changes if they approve this rezone.
Chairman Carey clarified the recommendation from the P&Z Commission was for an R-1AAA zoning for this area.
Jim Lynch, 2495 Paddock Way, addressed the Board to state his property is at the junction of Lake Hayes Road and Paddock Way, his pasture backs up to the back of this land; and he does not have any trees against that fence line at all so there is no vegetation to serve as a buffer. Mr. Lynch discussed his safety concerns with more people moving to the area. He said he hopes the Board will deny the rezoning.
Lacey Spinks, 2483 Paddock Way, addressed the Board to express her concern with the development. She stated although it is a private road, most children do not read the signs and will try to pet their horses; and it is not safe for the children or fair for the residents. She opined the rezone is not compatible with the area due to the surrounding wildlife.
Tracy Spinks, 2483 Paddock Way, addressed the Board to discuss the deed restrictions on her property when she purchased it in 2001. She stated this development is not compatible with the surrounding area. Ms. Spinks discussed the concerns of the Magnolia Point subdivision residents regarding the existing residents’ barn, tractor and farm animals, and explained why a subdivision is not compatible with their rural way of life. Regarding the Applicant wanting to use vegetation as a buffer, Ms. Spinks advised that will not work due to the fact that the property they want to develop is mostly palmetto trees.
Ms. Spinks stated as rural enclave residents, she and her neighbors have never asked Seminole County to help in any way. They have their own wells, septic, satellite, and tractors that take care of their road. She stated as an agricultural-based community, they take care of everything themselves and enjoy their community that way.
Ms. Spinks concluded by stating their community concurs with the P&Z Commission's decision that this development is not appropriate for their community. She stated their community is not against development; they just want the development compatible to the current development trend within the Paddock Way community.
Commissioner Dallari questioned if Ms. Spinks would be submitting a copy of her deed restrictions into the record. She advised she does not have a copy. Chairman Carey advised the residents probably have some covenants and restrictions in a voluntary HOA. Mr. Applegate reiterated that if there are private restrictions or covenants between the property owners, that is a civil matter between them.
Ms. Spinks submitted a petition by the Lake Hayes Road Community into the record.
Velva Peterson’s name was announced and it was determined that she was not present.
Donald Kirkendall, 2285 Red Ember Road, addressed the Board to discuss his concern with a similar development near his home. He stated it is horrible what the developers have done to his area and he is here to support the residents.
Maria Bolton-Jonbert, 1128 Covington Street, addressed the Board to ask that they keep this property consistent with the current mosaic of the area. She requested they keep this area an A-1 zoning. She opined that if the BCC and P&Z meetings were after business hours, there would be many more people in attendance. She asked the Board to please consider everyone in attendance and try their best to keep Seminole County the “Natural Choice.”
Chairman Carey clarified that the P&Z meetings are held at night.
Ms. Honold submitted her deed restrictions and covenants into the record (received and filed).
Chairman Carey noted Written Request Forms were submitted into the record.
Jodi Nielsen, 2381 Pemberton Street, addressed the Board to state she is a Realtor and she knows the process of development and how important it is. She advised she has lived in her home for approximately ten years and when she moved in, it was a very quiet area. She discussed her concerns with the increase in traffic since the Magnolia Point subdivision was built and the traffic continuing to grow if this rezone is approved.
Ms. Nielsen stated the streets in the area are falling apart. She stated currently there are three bus stops for the high school, middle school and elementary school at the end of Lake Hayes Road. She stated she was a witness to the accident Mr. Hyde referenced and it was horrible. Ms. Nielsen opined that putting 20 houses on the end of this block that is already falling apart is not healthy for the children and the environment.
No one else in the audience spoke in support or in opposition and public input was closed.
Speaker Request Forms were received and filed.
Upon inquiry by Chairman Carey, Mr. Blackadar stated Lake Hayes Road is a public road from SR 434 to a point about 2,000 feet east of Paddock Way, which is where it makes a 90-degree turn. He advised from what he understands, Lake Hayes Road would be a private road in front of the Magnolia Point subdivision. Chairman Carey stated if Lake Hayes Road is a private road in this portion, some of the issues described need to be taken care of by the homeowners and property owners. Commissioner Dallari requested Mr. Blackadar research who is responsible for maintaining that portion of Lake Hayes Road. Regarding the pictures of potholes displayed earlier, Chairman Carey stated if they are in the portion of the road maintained by the County, they need to be addressed.
Mr. Applegate stated it appears the deed restriction for Ms. Honold’s property was recorded in the official records of Seminole County. Upon inquiry by Mr. Applegate, Mr. Abi-Aoun advised they were not aware of a deed restriction on the parcel that they purchased. Commissioner Dallari stated he would like someone from staff to verify that. Upon inquiry by Chairman Carey, Mr. Abi-Aoun advised the Applicant has purchased the property already. He reiterated they are not aware of any deed restrictions on the property. Upon further inquiry by Chairman Carey, Mr. Abi-Aoun confirmed there is an easement on the corner “clip” of the subject property for the road from Lake Hayes to Paddock Way. He believes that Lake Hayes Road is a public road in front of the property. He stated there is a right-of-way agreement that extends all the way to Paddock Way. He explained Paddock Way has a 20-foot easement on the east side from the subject property. He advised if the rezone is approved, the Applicant will dedicate that to the public. Chairman Carey stated if that portion is not connected to two other public points, the County does not want to take a section of the road. Mr. Abi-Aoun advised the Applicant is willing to maintain that access.
Mr. Applegate recommended continuing the request until he further researches the title issues. Commissioner Dallari stated he does not have an issue with a continuance but the public needs to realize that this request is for straight zoning.
Chairman Carey questioned if there is a deed restriction on all of these eight parcels, does that prevent the County from rezoning them. Mr. Applegate advised it does not.
Upon inquiry by Commissioner Dallari, Mr. Applegate advised if the Board wanted a direct answer as to whether or not a deed restriction applies to the property, he would not know that without doing further research. He stated the Board can decide the zoning question now; the deed restriction issue is between the property owners.
Commissioner Horan explained that if there is a deed restriction, it would have to be enforced by whoever it is in favor of regardless of whether the property is rezoned or not. He stated it may provide some kind of impediment to the Applicant in terms of development if there is a deed restriction on the property, but it does not affect his consideration on the rezoning.
Mr. Abi-Aoun stated it is important to know this project is not a “drop in the bucket” to his client and he put a lot of his own money in and this will be a multi-year project for him.
Regarding the aerial photograph that was previously displayed, Mr. Abi-Aoun explained that the R-1AA designation is on Magnolia Point, not Mr. Luscuskie’s property. On the exhibit, the property lines were not shown. At the request of Chairman Carey, Ms. Giles reviewed an aerial map and pointed out Mr. Lususkie’s property. Mr. Abi-Aoun stated the Applicant has a vested interest to make sure the site is properly buffered from Mr. Luscuskie’s driveway. He reiterated they were not trying to mislead anybody with the exhibit.
Mr. Abi-Aoun clarified that the Stillwater subdivision does not have access to Lake Hayes Road. He stated his purpose in discussing the Stillwater subdivision and the areas around the site is to show compatibility with the R-1AA classification. Regarding the issues with the road, Mr. Abi-Aoun discussed the maintenance issues with Lake Hayes Road and stated everything will be taken care of with the final engineering of this project. Mr. Abi-Aoun discussed the traffic accidents on Alafaya Trail.
Mr. Abi-Aoun clarified his intention to use vegetation as a buffer was for the north part of the property. He reiterated the closest house to the east is about 150 feet from Paddock Way. Mr. Abi-Aoun stated he knows the current residents are emotional and want to maintain the lifestyle they have; but when the County changed their Comp Plan to Low-Density Residential, he thinks they had a view of where this area was going. He clarified this is a small development; and out of the five acres, they will only get a maximum of 12 lots, not 20 lots. Mr. Abi-Aoun stated this development is personal for his client as it is personal to all the neighbors. The Applicant looks at the development as a long-term investment. Mr. Abi-Aoun summarized that the Future Land Use is LDR and the R-1AA is consistent and compatible with the surrounding properties.
Commissioner Horan confirmed that the site is totally surrounded by A-1 properties. Upon inquiry by Commissioner Horan, Mr. Abi-Aoun advised they have gone through school concurrency. He confirmed that Evans Elementary School is on Chapman Road, not Lake Hayes Road.
Commissioner Dallari summarized that the Future Land of this property is consistent with the County’s Comprehensive Plan, which is how the County is legally developed. He confirmed with Mr. Applegate the Applicant is asking for straight zoning and no variances. He stated he believed that Applicant has met the burden of demonstrating consistency with the County’s Comp Plan and he has not seen any evidence yet that the evidence that has been presented is going against the Comp Plan. Commissioner Dallari stated a lot of the concerns that have been presented will be addressed in the Site Plan for the subdivision that will be brought back to the Planning & Zoning Commission at a later date.
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance #2015-8 enacting a Rezone from A-1 (Agriculture) to R-1AA (Single-Family Dwelling) for approximately five acres, located on the north side of Lake Hayes Road, east of Alafaya Trail, as described in the proof of publication, Ahmad Ghandour.
Under discussion, Chairman Carey advised the area reflects LDR in the Future Land Use Map. Anybody that wants to sell their five-acre lot in this area can and those five-acre lots are going to start to transition every time someone sells one. She stated she wishes this was not a straight zoning so the Board could have more input. Chairman Carey explained that when a request deals with a Planned Development, the Board has the ability to work with the developer. She opined it is always very difficult when the Board sees rural areas transition, especially when it starts onto the private road.
Commissioner Dallari stated that if the Board did deny this request and it went to Court, the Court would overturn it. Chairman Carey stated the Board has denied a request before only to have the Court send it back because of the Future Land Use issue.
Commissioner Horan explained that the Board sits as judges to apply law to a set of facts, and each one of the Commissioners takes an oath to apply the law as the law is required. He reiterated that the Future Land Use Map indicates this area is supposed to be residential, and that is a legal provision that they have to follow. Commissioner Horan stated the Applicant’s request is consistent with the Future Land Use designation on the Comprehensive Plan, and that is clear legal entitlement.
Commissioner Constantine stated that the Board has to take into consideration the people that have lived in the area a long time. He advised this area has been used as a subdivision, whether it is platted or not; and by the County’s new regulations with 4.46 acres, someone could put in 17.8 units. He stated this site is surrounded by A-1 on three sides. He advised he will be voting against the motion.
Districts 1, 2 and 4 voted AYE.
Chairman Carey and Commissioner Constantine voted NAY.
VACATE AND ABANDON
CHARLOTTE DRIVE/Tim Hoatson
Agenda Item #21 – PH-2015-088
Proof of publication calling for a public hearing to consider a request to vacate and abandon a remnant public right-of-way known as Charlotte Drive, as recorded in Plat Book 20, Page 77, in the Public Records of Seminole County, Florida for property located near the intersection of Charlotte Drive and Terrace Boulevard, approximately one-fifth mile east of West Lake Brantley Road, Longwood, Tim Hoatson, received and filed.
Denny Gibbs, Planning & Development, addressed the Board to present the request as outlined in the Agenda Memorandum. She advised staff recommends approval of the request.
Chairman Carey confirmed the Applicant agrees with staff’s recommendation.
With regard to public participation, no one spoke in support or in opposition and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to adopt appropriate Resolution #2015-R-93, vacating and abandoning a remnant public right-of-way known as Charlotte Drive, as recorded in Plat Book 20, Page 77, in the Public Records of Seminole County, Florida, for property located near the intersection of Charlotte Drive and Terrace Boulevard, approximately one-fifth mile east of West Lake Brantley Road, Longwood, as described in the proof of publication, Tim Hoatson.
Districts 1, 2, 3, 4 and 5 voted AYE.
REAGAN CENTER LARGE SCALE FUTURE LAND USE AMENDMENT, REZONE & DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER RESCISSION/Richard Wohlfarth, P.E.
Proof of publication calling for a public hearing to consider adoption of an Ordinance, with changes, enacting a Large Scale Future Land Use Map Amendment from Low-Density Residential, Planned Development (PD) and Office) to Planned Development (PD); and adoption of an Ordinance enacting a Rezone from Planned Development (PD) and Agriculture (A-1) to Planned Development (PD) for 118.55 acres located on the north and south sides of Ronald Reagan Boulevard, and east of County Home Road and U.S. Hwy 17-92; and adoption of a Resolution to rescind the Flea World Development of Regional Impact Development Order pursuant to Section 380.115, Florida Statutes, Richard Wohlfarth, P.E., received and filed.
Brian Walker, Planning & Development, addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Walker discussed the rescission of the Flea World DRI. The request for rescission is to provide for redevelopment of the property a mixed-use development containing residential, office and commercial uses that is currently known as the Reagan Center. The Applicant is also requesting a Large Scale Future Land Use Map Amendment and the Applicant proposes to develop approximately 84 acres of the site as a mixed-use project. Mr. Walker noted that the zoning and future land uses surrounding the project are as stated in the staff report.
On March 4, 2015 the Planning & Zoning Commission voted unanimously to recommend transmittal of the Large Scale Future Land Use Map Amendment and on March 24, 2015 the Board of County Commissioners voted unanimously to transmit the proposed Amendment. After the meeting of March 24th, some minor changes were made to the Master Development Plan and Development Order and the changes are outlined in the Agenda Memorandum. Mr. Walker advised the internal spine road has been removed from the Master Development Plan and will be shown on the final development plan. Only the proposed access points onto U.S. Hwy 17-92, Ronald Reagan and County Home Road are shown and Notes 34 and 35 have been added to the Master Development Plan to complement what has been changed in the Development Order. He advised staff recommends approval of the request.
Discussion ensued regarding an update to the Master Development Plan and Development Order.
Chairman Carey recessed the meeting at 3:14 p.m.; reconvening at 3:24 p.m.
Randy Morris, 323 West Trotters Drive, addressed the Board to state he will be speaking on behalf of the Applicant. He advised Turgut Dervish, transportation consultant; Paul Partyka, NAI Realvest; and Sid Levy, property owner, were in attendance.
Mr. Morris displayed and reviewed a 17-92 Seminole Hub aerial map (received and filed). He stated Reagan Center is a catalyst economic redevelopment project and it is one of the largest redevelopment projects that Seminole County has ever had in its 100-year history.
Sid Levy, property owner, addressed the Board to thank Seminole County for giving him 35 great years with Flea World. He is looking forward to seeing Reagan Center as the center of Seminole County and thinks will be a good thing for everybody.
Updated Master Development Plan and updated Development Order were received and filed.
Mr. Morris advised they concur with staff's recommendations A through F, and asked the Board to pay particular attention to staff findings on the FLU 4.5, the FLU 19.2 and the TRA 2.4.3, as these recommendations clearly show that this development is compatible as presented and meets the economic goals that are specifically cited uniquely in the Comp Plan regarding this property.
Mr. Morris explained that Item J in the Development Order refers to Chapter 30, Part 74, of the 17-92 Community Redevelopment Area Zone Height Alternative Standards.
Mr. Morris advised the Applicant’s request is for Planned Development rather than straight zoning. He explained that the Seminole County Code would allow for 0% green space per parcel on parcels under five acres for straight zoning. Mr. Morris stated there is also a 140-foot height limitation, including commercial, and their buildings will not be 140 feet high.
Upon inquiry by Commissioner Dallari regarding floor area ratio (FAR), Mr. Morris advised it is 0.3, which is relatively low. He stated that as a catalyst project, they are trying to drive new economic development projects and they do not know what the market is going to bear. He continued to discuss the FAR.
Chairman Carey stated she thinks the point Mr. Morris is trying to make is that if the FARs in the Development Order are this low and the Applicant wants them to be higher at a later point, they would have to come back for an amendment; however, if the FARs are higher than expected in the Development Order, they could opt for less. Commissioner Dallari opined there should be a maximum FAR and it should be higher. Mr. Morris stated they kept the FARs low to be realistic. He explained that if the maximum cap were raised to a different number, the only thing they would do is come back with a traffic study that would rationalize and justify that new FAR because of the number of trips that would go up. He advised if the FARs were doubled, they would still be in concurrency compliance on transportation. Mr. Morris confirmed that if a Commissioner wanted to make a recommendation to increase the maximum FARs, he would not be opposed. Commissioner Dallari stated he is not going to suggest anything, but he would like the Applicant to think about it and come back to the Board later during this meeting. Mr. Morris advised that a 0.8 FAR would be something to think about. Ms. Guillet recommended any changes regarding FARs, intensity or density, be coupled with a requirement that they do an analysis if they go over what is in the current Development Order. Discussion ensued.
Mr. Morris displayed a map (not received and filed) and the Master Development Plan (received and filed) and indicated they originally had a very short spine road connecting Ronald Reagan to the connection point at U.S. Hwy 17-92. He displayed and reviewed the aerial photograph (previously received and filed). He advised that from a transportation basis, a spine road was not necessary.
Mr. Morris explained that a traffic study is currently being done to ascertain the number of trips that the County would make traversing the Reagan Center property on the proposed Hester Route, which is longer than the original route and the costs are significantly higher. He stated it is their intention to build the road for the County; and then transfer it to the County, but there has to be some kind of partnership, otherwise it does not make sense. Mr. Morris discussed the spine road and entrance access points.
Mr. Blackadar referred to the 17-92 Seminole Hub aerial map and indicated the connection point the County would build independently and noted that is the connection to Five Points which was approved in the morning session under Agenda Item 10. He explained the County Traffic Engineering Consultants, Kittleson & Associates, has been coordinating with Mr. Durvish; and hopefully in about a month they will have some data that will be able to go to FDOT and justify moving the Bargain Boulevard intersection to this location and also look at what kind of traffic would be generated on this road. He advised there currently is not a signal at Hester and CR 427 but whether it would make sense to have a signal at this connector road will also be analyzed. He stated this is something that could be brought back to the Board with some type of data to help them make the decision on what kind of private partnership they want.
Regarding the signal at Bargain Boulevard, Mr. Morris advised it is their intention to move that signal south so it goes into the County’s Public Works campus appropriately. He stated if the Applicant builds the road for the County, it could save 30% of the costs versus the County going through its procurement process. He stated they plan to change the name of the road from Bargain Boulevard to Reagan Center Lane.
Richard Wohlfarth, 1642 Bridgewater Drive, addressed the Board to discuss the development’s impact on the wetlands. He stated the majority of the wetlands will be left exactly as shown on the 17-92 Seminole Hub aerial map. Mr. Wohlfarth noted on the extreme southeast corner of the site is an upland of about three acres and that will be trimmed up a little bit for a retail site as indicated on the Master Development Plan.
Mr. Wohlfarth pointed out that whatever drainage is currently traveling onto the subject property from the residents to the east in Sunland Estates will continue to do so. He advised the development will not impact any of the residents’ drainage or make conditions any worse for the Sunland Estates residents. Mr. Wohlfarth stated that although there may be some situations they cannot fix, they will make the situation the best they can for the Sunland Estates residents, not any worse.
Mr. Wohlfarth stated about 95% of the wetlands will not be touched at all. They will be put into a conservation easement as part of the review and the approval process and will not be impacted. He advised there will be close to 30 acres of wetlands remaining when the development is finished.
With regard to Reagan Center Village, Mr. Morris displayed Conceptual Site Plan 9 (received and filed). He stated they met with the residents after the P&Z meeting but prior to the BCC meeting for the transmittal hearing. He added they had a community meeting for the residents that live on Thomas Stable Road. They have also spoken to some of the residents individually and had several meetings with Mr. Coover regarding this issue.
Mr. Morris displayed the Reagan Center Thomas Stable Road Specific Purpose Survey (received and filed) and indicated the location of Thomas Stable Road and Mr. Levy’s property. He stated at the transmittal hearing there was a discussion regarding a court agreement last year about a donation of both properties and a 20-foot easement for Thomas Stable Road to exist. He referred to the Survey and noted that anywhere between 15 and 19 feet was the donation from Mr. Levy. He stated that Thomas Stable Road has not been accepted by the County as a road, and if it was, it would be substandard. He stated it is really a driveway.
Mr. Morris stated after discussions with Mr. Coover, the Applicant determined they would abandon their right to the roadway. They would put in a 20-foot buffer between the edge of the roadway as depicted by the Surveys and then a six-foot vinyl fence. Upon inquiry by Chairman Carey, Mr. Morris clarified they are proposing a 20-foot buffer around the entire project with a vinyl fence inside the buffer and the fence would run completely down Thomas Stable Road and then against the adjacent affected neighbors. Mr. Morris advised they believe these conditions need to go into the Development Order and if it is reflected in the motion that the Applicant is putting these conditions into the Development Order, then staff can structure those conditions and he and Mr. Coover can make sure it reflects their intent. Mr. Morris discussed the vinyl fencing.
Mr. Morris advised he gave the Survey to the neighbors via Mr. Coover so they were able to take a look at it. He clarified this is a concept plan and they are agreeing to the issue of the 20-foot buffer, the vinyl fence, and to give up any vehicular access from Thomas Stable Road to the project; however, the siting of these particular units as well as the number can change. Mr. Morris explained during the transmittal hearing, they proposed ten units to the acre; and at the request of Chairman Carey, they dropped it to eight units to the acre. He stated that brought them to roughly 66 units that they would be entitled to; and by moving the entrance, it dropped them to 63. They anticipate if they have developers who have an interest in the project that want wider lots, the number would decline more into the 50s. He guaranteed the internal layout will change over time and he agreed that houses would be no higher than 35 feet. He stated they additionally agreed that they would double the Seminole County landscaping requirements in the buffers on Thomas Stable Road and where the neighbors are.
Chairman Carey summarized the five conditions would be a 20-foot buffer setback from the line on the Survey showing the location of Thomas Stable Road, double the landscaping on the neighbors’ side of the buffer, vinyl fencing on three sides of the project, no access for this development to Thomas Stable Road, and 35 feet maximum height at any peak.
Barry Thomas, 5141 Thomas Stable Road, addressed the Board to request they keep the area’s zoning at four houses per acre. He discussed the water problems the residents have in the area and stated the proposed retention pond is not big enough to hold the water, so it will flow into Lake Jesup which is already overflowing.
Mr. Thomas stated the schools in the area are crowded currently, and adding more students to the schools will create a problem. His family has lived in their homes in this area for over 30 years and they have all grown up on this road.
Tracey Driscoll, 4995 Thomas Stable Road, addressed the Board to thank them for modifying the Development Order. She stated in 1991 the Comp Plan was amended to allow four houses per acre and Mr. Levy owned this property at that time. She feels it is the responsibility of the BCC to stay consistent with the Future Land Use of the area.
Ms. Driscoll displayed a photograph (received and filed) of vinyl fencing and explained why she did not think it would last as a buffer for this project. She displayed a photograph of the wall surrounding the Chelsea Place subdivision (received and filed) and requested the developers install a similar wall rather than vinyl fencing.
Regarding the survey done on the property, Ms. Driscoll stated she owns the north 15 feet of the 315 feet indicated on the survey and it was purchased in 1982 from Carl Lind. She displayed a Quit Claim Deed (received and filed) from Carl Lind. Ms. Driscoll stated the citizens are concerned with the development affecting the livestock in the area. She advised she is not opposed to development, but wants it to be done responsibly. She requested the Development Order reflect that any trees with a density of a 12-inch caliper or greater remain untouched.
Lynn Farrelly, 408 Sunland Drive, addressed the Board to state she was surprised that the St. Johns Water Management District did not have any concerns regarding the wetlands in this project. She discussed the issues she has had with stormwater on her property and stated the County said there was nothing that they could do about it. She stated the County assured her she did not need to be concerned about this because no one would ever be able to develop behind her house because it was a dedicated wetland. She stated there have been no changes to this road or the property since the 70s. She questioned what kind of buffer will be in between her property and the development.
At the request of Commissioner Dallari, Ms. Farrelly indicated the location of her property on the aerial map. Chairman Carey stated this project is in a preliminary stage of zoning and the Comprehensive Land Plan. The engineering for the project has not been done, but the Applicant intends for 30-plus acres to continue to be wetlands, so when the St. Johns River Water Management District looked at the conceptual plan, they did not object. She stated if this gets approved and moves forward, the project has to be engineered and then they have to submit it to the St. Johns River Water Management District for a permit.
Tina Williamson, Director of Development Services, addressed the Board to state currently the proposed buffer is 20 feet; however, at the final development plan and once there is an actual layout for the property, the buffer may be changed depending on how the site is actually laid out. She advised the buffer is based on the current standards in the County’s Land Development Code.
Steve Coover, 230 North Park Avenue, on behalf of Thomas and Georganne Bledsoe addressed the Board to state he agrees with all of Mr. Morris’s comments. Mr. Coover stated he wants to make sure that the agreement he has made with Mr. Morris is in the Development Order. He reemphasized the modifications were that the vehicular entrance will be other than at Thomas Stable Road and there will be no public access on Thomas Stable Road for this development. The landscape buffer on the sides where the residents live will be outside the fence. The fence will be in the eastern five feet on the west side. He stated there will be a lot of buffering and the fence can be in the five feet to the inside around the property. The maximum number of units will be 63. The landscape will be doubled outside of the development. He stated fee simple ownership on the townhome development was one of their agreements and that there will be a height restriction of 35 feet.
Mr. Coover thanked Mr. Levy and Mr. Morris as well as his team for being easy to work with. He stated he and Mr. Morris understood early on that medium density is compatible with low density. He stated he thought the neighbors’ priority was Thomas Stable Road and he thinks they are still going to have as much privacy as they could get.
Chairman Carey stated she is going to restate the issues and requested that Mr. Coover and Mr. Morris confirm to ensure that it is reflected in the development order. She summarized that there will be a 20-foot buffer setback from the survey showing the locations of Thomas Stable Road; a vinyl fence will be in the eastern five feet of the buffer; the landscape outside of that area will be doubled. Mr. Coover confirmed that Chairman Carey’s summary was correct. Chairman Carey stated the development would have a maximum of 63 units. Mr. Morris stated that 66 units is what he submitted, but 63 units is probably what will be built. He stated they had discussed eight units to the acre. Mr. Coover stated he believed Mr. Morris stated it would 63 units. Chairman Carey advised that Mr. Morris did say 63 units during his presentation. Mr. Morris stated there were 63 units on the rendering. Chairman Carey pointed out this project has not been engineered yet and they or may not be able to get 63 units. She noted they are just trying to determine a maximum and advised the maximum will be 66 units. Chairman Carey continued with her summary and stated there will be a 35-foot height at the peak, no public access to Thomas Stable Road, and fee simple ownership on the townhome development. Mr. Coover stated these items will be in the development order. Chairman Carey requested that Mr. Coover give his notes (received and filed) to the Clerk.
Commissioner Constantine questioned whether Mr. Morris has done any studies regarding the questions of trees. Mr. Morris advised he will address that in his rebuttal.
With regard to public participation, no one else spoke in support or in opposition and public input was closed.
Speaker Request Forms and a Written Comment Form were received and filed.
Under rebuttal, Mr. Morris stated it was a pleasure working with Mr. Coover and thanked the residents for engaging them throughout the process. He stated the County’s Future Land Use plan was amended December 9, 2008 by Ordinance 2008-44 and it clearly shows the townhomes are compatible with the LDR FLU.
Regarding the potential issues of school being overcrowded, Mr. Morris stated they already have a concurrency agreement with the schools. He advised the schools are not overcrowded currently and the development will not cause them to be overcrowded.
Regarding the access issues, Mr. Morris advised the County Engineer has reviewed their exact access point and concurs with that access point and how it will align with the median cut on Ronald Reagan Boulevard and how it also aligns with the Applicant’s main entrance. Mr. Morris stated the Seminole County Code was recently changed regarding tree density and he believes the new code reflects something akin to the City of Altamonte’s code. He explained that most jurisdictions require a four-inch DBH (diameter at breast height) and Seminole County requires a three-inch DBH. He stated if the three-inch DBH trees need to be replaced, they will be replaced on site or they will have to pay the County. He advised this is a very small site and they will have some major site work to do, so he believes a preservation of trees on site, particularly when they are doubling up on the landscaping in the buffer, is an unreasonable request. He summarized that they are complying with Seminole County’s new code and are still trying to figure out the financial impact of that.
Chairman Carey noted that anytime a mature tree can be saved, it benefits the developer as well because it makes the area more attractive. Mr. Morris agreed and explained that if specimen trees are preserved in a development, the lots they are in actually have more value than the lots that are denuded and have newly planted trees. He stated they commit to putting forth their best efforts but it is something they may or may not be able to do based upon site planning.
Upon inquiry by Commissioner Dallari, Mr. Morris advised the HOA for the development will be maintaining the vinyl fence on Thomas Stable Road. He thinks there is a vested interest to maintain that fence and keep the livestock on the neighbors’ properties and the dogs and cats stay in the new development. He discussed the problems with block fences and stated they do not last for 40 or 50 years. He stated vinyl fences are easier to maintain and also keep the longevity much better than other fencing-type materials. He stated brick walls are very expensive to repair and a lot of times HOAs do not have the money to fix them. He stated they are proposing a dark vinyl fence, not a white one, which has a different look and feel to it.
Regarding the stormwater issues in Ms. Farrelly’s subdivision, Mr. Morris explained that the internal roads in that subdivision drain into the houses and the yards. He advised the drainage problem is really from Ms. Farrelly’s road and it goes to a creek that flows into the wetlands. Chairman Carey stated Sunland Estates is a 60-year-old subdivision and the storm drainage is on the Penny Sales Tax list.
Mr. Morris advised he will be back before the Board in July relative to the discussions with the County Engineer and that would finalize this and then they would go to final engineering. He advised the timing goal on this project is to have the final engineering approved before the end of the year and break ground on the new project in the first quarter of next year. Commissioner Dallari advised Mr. Partyka is going to the Las Vegas Retail Trade Show and he expects this to be a very excitable project.
Paul Partyka, 404 Park Lake Drive, NAI Realvest, addressed the Board to recognize Juan Jiminez and Raj Nahal for their hard work as part of his team on the project. He distributed a concept plan packet (received and filed) he will be using at the International Council of Shopping Centers (ICSC) Conference in Las Vegas.
Commissioner Dallari stated he has received several emails regarding the Reagan Center (received and filed) and submitted them into the record. He noted he has received several phone calls and he has spoken with citizen Jeff Gillette who requested he read his name into the record and indicate he is not in favor of this project due to stormwater issues, environmental issues and compatibility with the surrounding areas. He advised his decision is based on the evidence that has been presented at the public hearing.
Chairman Carey submitted her ex parte communications for all the public hearings into the record. Regarding school concurrency, she advised the Board received a letter dated January 14, 2015 from Seminole County Public Schools regarding capacity and at the elementary level, there is a remaining capacity of 211 students; 337 at the middle school level; and 436 at the high school level.
Mr. Morris referenced the list submitted by Mr. Coover and advised the only modification not included in the list was for a 0.8 FAR.
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt Ordinance #2015-9 enacting a Large Scale Future Land Use Map Amendment from Low Density Residential, Planned Development and Office to Planned Development; adopt Ordinance #2015-10 enacting a Rezone from Planned Development (PD) and Agriculture (A-1) to Planned Development (PD) for 118.55 acres located on the north and south sides of Ronald Reagan Boulevard and east of County Home Road and U.S. Hwy 17-92; and adopt appropriate Resolution #2015-R-94 to rescind the Flea World Development of Regional Impact Development Order pursuant to Section 380.115, Florida Statutes, as described in the proof of publication, Richard Wohlfarth, P.E. Commissioner Horan stated the adoption of the Ordinance should be with the changes that have been identified during the hearing as follows: 1) there shall be no entrance or access to the development from Thomas Stable Road; 2) around the development on the south side of Ronald Reagan Boulevard there shall be a 20-foot landscape buffer, and within the inner five feet of that buffer, there shall be a vinyl fence and all of the buffering shall be outside of the fence; 3) the maximum density on the portion of the development south of Ronald Reagan Boulevard contiguous to Thomas Stable Road shall be a maximum of 66 units; 4) the landscape buffering outside of the vinyl fence shall be double the standard of Seminole County; 5) in terms of the ownership of the multi-family townhome development that is suggested, all ownership shall be fee simple ownership; and 6) there shall be a maximum vertical of 35 feet on all buildings. Commissioner Horan suggested to the developer that under the Development Order 3(b), that is for retail commercial and general office, there be a maximum FAR of 0.8; Approval Development Order.
Under clarification, Chairman Carey questioned if the maximum FAR would be subject to all proof and engineering. Commissioner Horan stated it would be subject to all proof, engineering and all of the entitlements, whatever proof is needed to get the entitlement of density.
Districts 1, 2, 3, 4 and 5 voted AYE.
FY2014/15 MID-YEAR BUDGET
Proof of publication calling for a public hearing to consider adoption of the FY2014/15 Mid-Year Budget Amendment Resolution, received and filed.
Cecelia Monti, Financial Administrator for the Resource Management Department, addressed the Board to present the request to approve and authorize the Chairman to execute the FY2014/15 Mid-Year Budget Amendment Resolution. Ms. Monto advised the adjustments true-up what staff had projected and budgeted as Beginning Fund Balance for the current fiscal year with the amounts available on October 1, 2014 in accordance with the Comprehensive Annual Financial Report (CAFR). Countywide, the current amount budgeted as beginning fund balance is approximately $443 million. The actual available amount at the closing of the books was $446 million, thus the mid-year adjustment to the beginning fund balance is $3.1 million. The resolution for approval includes $3.4 million in adjustments, which is inclusive of inter-fund transfers.
With regard to public participation, no one spoke in support or in opposition and public input was closed.
Motion by Commissioner Horan, seconded by Commissioner Henley, to adopt appropriate Resolution #2015-R-95, approving the FY2014/15 Mid-Year Budget Amendment, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Horan, Alex Setzer, Southern Strategy Group, advised he should receive some information either next week or the following week regarding the special legislative session. Mr. Seltzer stated there is some possibility for conforming bills and policy issues that could probably be added into the budgets and when he has a better answer, he will let the Board know.
Chairman Carey reported that the Board has received a letter from Harry Barley, MetroPlan Citizens’ Advisory Committee, informing them that Jennifer Finch has missed three consecutive meetings and per their policies and procedures, she was automatically terminated from the board so they will be looking for a replacement. She stated she has some applications in her office and would like the Commissioners to review them so they can vote on a new member at the next meeting.
Upon inquiry by Commissioner Constantine, Commissioner Dallari advised Ms. Finch has been notified in writing.
Chairman Carey introduced Tim Sackmaster, Stifel, Nicolaus & Company and commended the Board, County staff Gary Akers and the whole team for their work on the refunding of the County’s Water and Sewer Revenue Bond Series, 2015A and 2015B. She stated the Board received an update on a couple of the pricings and in aggregate, the total savings to the System is $29.3 million over the life of the bonds, which is equivalent to $21.5 million at present value basis. She stated the timing was perfect for the refunding and Alan Murphy did a great job running the deal.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of letter with enclosures dated April 23, 2015 from Kelley Smith Burk, Florida Department of Agriculture and Consumer Services, to Chairman Brenda Carey RE: Seminole County’s Qualified Energy Conservation Bond (QECB) Formula Allocation. (C: County/City Administrator. Original to Bruce McMenemy for action.)
2. Letter dated April 27, 2015 from Harold Barley, MetroPlan Orlando, to Commissioner Brenda Carey RE: MetroPlan Orlando’s Citizens’ Advisory Committee (CAC) member Jennifer Finch’s attendance. (C: Jennifer Finch)
3. Letter dated April 30, 2015 with enclosure from Ana Richmond, Florida Department of Economic Opportunity, to Chairman Brenda Carey RE: Seminole County Amendment 15-1ESR. (C: Rebecca Hammock, AICP, Manager, Planning & Development Division; Hugh Harling, Executive Director East Central Florida Regional Planning Council)
DISTRICT COMMISSIONERS’ REPORTS
Chairman Carey reported the Orlando Sanford International Airport Authority had their board meeting on May 5th and she was asked to meet with them prior to the meeting. She advised on Saturday Larry Gouldthorpe met with Thomas Cook Airlines, the airport’s international provider, and she has not heard back yet from Mr. Gouldthorpe as to how that turned out. She advised she will report back at the next meeting on the subject.
Chairman Carey advised the passenger count continues to grow and in April the count was 14% over the prior year and up 10% year-to-date with almost 800,000 passengers traveling through the airport.
Chairman Carey announced the Sanford/Lake Mary Kiwanis Club completed their first community project at Goldsboro Elementary School, which was their Family & Community Reading Oasis. She stated it is great to see that the Lake Mary Kiwanis Club is very heavily supported by Scholastic Books and the partnership did an excellent job on converting some of those facilities into a reading oasis.
Commissioner Dallari reported that he received a letter (copy received and filed) from the Chuluota Community Association regarding the Lake Pickett North and Lake Pickett South projects in the Orange County area that is adjacent to Seminole County. He requested the County Manager distribute the letter to the other commissioners.
Commissioner Dallari advised there was a community meeting last night regarding the I-4 Rest Stop and DOT was in attendance. He stated DOT has been very cooperative so far and this was a great “first start.” He discussed law enforcement issues that were discovered at the rest stop. He stated DOT informed them that presently there are 18 parking spaces for tractor trailers and people are over-parking and currently there are about 36 tractor trailers there. He added that the parking spaces are intended to be used for three hours and people are parking there overnight. He stated it was confirmed by DOT that there is a rest stop study of the entire corridor and an electronic copy will be produced. He added Mr. Barley submitted an air quality information sheet to the residents. He stated DOT has several things they need to work on and they agreed to another community meeting that is scheduled for the week of June 15th.
Chairman Carey stated she would like the next community meeting to be posted due to the there being two Commissioners present. Commissioner Dallari affirmed the meeting was posted as a public meeting.
Commissioner Horan reported that he attended the annual Good Samaritan Breakfast held by the Christian Sharing Center on Wednesday the 29th and it was attended by over 200 people.
Commissioner Horan thanked Bob and Diane Dello Russo who opened their home on May 2nd for a fundraiser for the Boys & Girls Clubs of Seminole County. He stated the fundraiser was attended by over 150 people.
Commissioner Horan stated the Seminole Work Opportunity Program will be having a fundraiser on June 19th and he will be distributing information to the Commissioners and requested they get it out to their constituents.
Commissioner Constantine reminded everyone the 30th anniversary for Charity Challenge is this Saturday at the Citrus Bowl and there are 97 teams signed up, over 170 sponsors and they expect about 10,000 people. He stated $5.44 million has been raised over the years.
COUNTY MANAGER’S REPORT
Ms. Guillet stated in September the Board approved the Health Insurance Program Wellness Plan, wherein there was an incentive provided. She stated they were charging a $25 repay period premium on insurance. There was an incentive provided that if an employee met certain biometric parameters and had an annual physical, they got that premium back. Additionally, there was a surcharge established for tobacco use. She stated the employees have gone through all of the measurements and all applicable employees have gone through that program and biometric screenings. She advised the Clerk has requested to set a date certain so that payroll deductions or credits for the Wellness Incentive can begin. She advised the current pay period ends on Sunday the 17th and they have confirmed that there was time to initiate these changes within this pay period if the Board so desires.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to authorize County Finance to implement payroll adjustments regarding the Wellness incentives previously approved by the BCC as of the May 17th pay period.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey announced there would be a closed Executive Session upstairs in Room 3024 at 4:45 p.m.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:37 p.m., this same date.