BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

September 23, 2014

 

     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, September 23, 2014, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

     Chairman Robert Dallari (District 1)

     Vice Chairman Brenda Carey (District 5)

Commissioner John Horan (District 2)

     Commissioner Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     Clerk of Court & Comptroller Maryanne Morse (late)

     Acting County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Eva Roach

 

 

     Commissioner Carlton Henley gave the Invocation.

     Commissioner Horan led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

     The Business Spotlight video for WaWa was presented.

AWARDS AND PRESENTATIONS

     Motion by Commissioner Carey, seconded by Commissioner Horan to adopt a Proclamation, as shown on page ________, proclaiming October 1, 2014 as “UCF Business Incubation Program Day” in Seminole County.

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     Motion by Commissioner Constantine, seconded by Commissioner Carey to adopt a Proclamation, as shown on page ________, proclaiming the week of October 5th through October 11th as “Fire Prevention Week” in Seminole County.

     Districts 1, 2, 3, 4 and 5 voted AYE.

     Clerk of Court Maryanne Morse entered the meeting at this time.

     The Proclamation was presented to Fire Chief Leeanna Mims and Public Safety Director Tad Stone, who addressed the Board to express their appreciation.

-------

     Motion by Commissioner Horan, seconded by Commissioner Carey to adopt appropriate Resolution #2014-R-179, as shown on page ________, recognizing the following companies as award recipients at the Seminole County Regional Chamber Industry Recognition Luncheon to be held on October 16, 2014:  Advanced IT Concepts; Certified Slings, Inc.; ContraVest Builders/ContraVest Management Company; DynaFire, Inc., evok advertising; Power Grid Engineering; R.A. Rogers Construction Company; RLH Construction; Roger B. Kennedy, Inc.; and Verizon. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

     The Resolution was presented to Deborah Cotton, Chief Operating Officer, and Michelle Billhartz, Chair, Seminole County Regional Chamber of Commerce, who addressed the Board to express their appreciation.

-------

     Richard Wohlfarth, IBI Group Chief Operating Officer, addressed the Board to present a presentation for the Sanford SunRail Station.  The PowerPoint Presentation and Final Draft Report for the SunRail Station Area Study Plan for Sanford were received and filed.  He began by displaying and reviewing the Agenda and Project Overview.  He continued reviewing the HUD Sustainable Communities Regional Planning Grant and the Project Overview relating to Extensive Outreach, Needs Assessment and Sanford SunRail Station Area Development Scenarios.  Mr. Wohlfarth displayed and reviewed the Goals for the Sanford SunRail Station Area Plan; the Pros and Cons of the Site Context-Barriers; Site Context-Opportunities; What Works Best with TODs; and TOD Primer-Guiding Principles.  He stated community outreach meetings were held and he reviewed the feedback and key messages from the community, developers and land owners. 

Mr. Wohlfarth reviewed What They Learned with regard to the Housing Needs Study, Retail Market Needs Study, and Office and Industrial Market Needs Study.  He stated they came up with three development scenarios (Connectivity, Development/Employment and Housing Overlay) for a new paradigm for growth and change to drive the transformation of the Sanford SunRail Station Area and he reviewed same.  He displayed and reviewed the Regional Connectivity, Station Area Connectivity and Station Area Accessibility aerials for the Connectivity Scenario.  He reviewed the SR 46 Eco-Industrial Innovation Cluster, Development Statistics and the Common and Unique Character Districts for the Development/Employment Scenario.  He continued reviewing the Key Features, Development Statistics and the Common and Unique Character Districts of the Housing Growth Scenario. 

     Mr. Wohlfarth concluded by reviewing the six Key Implementation Recommendations and Strategies. 

     No one spoke in support or in opposition.

     Commissioner Carey stated she would like to know how the Florida Department of Transportation (FDOT) sidewalk project for SR 46 will impact pedestrian and bicycle accessibility to the SunRail station and when the staff expects this project to happen.  Brett Blackadar, County Engineer, addressed the Board to state utility relocations for the SR 46 Gateway sidewalk project have started and it should be done in 10 months to one year.  He stated sidewalks will be installed on the south side where it gaps between Rinehart Road and Airport Boulevard.  A 10-foot-wide sidewalk will be added on the north side and will act as a trail between the gaps from Rinehart Road to the SunRail station.  In the area where they could not obtain enough property, sidewalks will be narrowed down to five feet, but wherever possible, 10-foot wide sidewalks will be installed. 

     Commissioner Carey stated she feels it is important that the County works on a Joint Planning Agreement (JPA) with the City of Sanford for this area.  She added she would like staff to look at doing the administrative changes.

     Upon inquiry by Commissioner Carey, Mr. Wohlfarth advised they have presented this to the City of Sanford.  He stated the City is looking forward to working with the County and moving forward with this project.  Commissioner Carey stated she feels that the four corners along Martin Luther King Blvd. are prime locations where something can happen along that area, and anything they can do to help move that along through the administrative process would be beneficial and help it happen. 

     Nicole Guillet, Acting County Manager, stated this study has been a parallel effort with the Altamonte Springs SunRail station study.  Staff’s intent is to receive feedback from the Board on this study so they can bring back their own internal implementation plan as well as some points that they feel need to be adjusted in the JPA with Sanford and the JPA with Altamonte Springs.  She stated staff can also provide proposed policy revisions for the Comprehensive Plan and the Land Development Code (LDC).  The transition from the Energy Overlay Zone to a TOD Overlay has already been in the works.  Staff wants to get through the stationary studies before they wrap it up.  The Board will not only see the overlays that would affect the existing Energy Overlay along 17-92 but also the areas around all four SunRail stations. 

     Commissioner Carey stated a public hearing for the Amendments to the Text of the Comprehensive Plan is being considered this afternoon and it may be better to continue that item until staff can revise all of the language at one time instead of doing that one piece at a time.  She stated that FDOT has been discussing Persimmon with the communities and what happens when the auto train is loading.  Rather than putting something else into the community that would divide it, they may need to check into how to bridge Persimmon.  Airport Blvd. and Martin Luther King Blvd. go to the airport.  The airport is growing as it has exceeded 2 million passengers last year.  It is critical for those people coming from Volusia County to be able to use some type of transportation that goes straight to the Sanford Airport.  She added she feels the Board needs to have some discussions with the Airport relating to transit connectivity. 

     Commissioner Constantine stated he believes the City of Sanford is working with the developers to put in High Density Residential on property just east of the train station.  He added this might be a genesis of attracting other development in this area.

     Commissioner Horan stated he feels the key is the density and the sooner they have people living in that area, the quicker everything else will follow.  Upon inquiry by Commissioner Horan, Mr. Wohlfarth advised there are about 25 to 30 major landowners comprising 300 to 400 acres that they can deal with around the SunRail station.

     Commissioner Horan stated mixed income housing is going to be important in getting residents into that area.  He stated they should do whatever they can to streamline the application and development process.

     Chairman Dallari stated he feels that private industry is poised to help with the last mile of the SunRail stations and that should be addressed in the report.  He added he feels that government is not the only one that provides bus services or other forms of transportation; the private industry also provides it.  He stated he would like the definition of green to be included in the report as well. 

-------

     Chairman Dallari recessed the meeting of the Board of County Commissioners at 10:32 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).

U.S. HWY 17-92 CRA

     Sonia Fonseca, U.S. 17-92 CRA Program Manager, addressed the Board to present the Community Redevelopment Agency Annual Budget for FY 2014/15.  Staff is requesting approval of the budget.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Constantine to adopt appropriate Resolution #2014-R-181, as shown on page _______, approving the Community Redevelopment Agency Annual Budget.

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     Ms. Fonseca stated staff is seeking direction from the Board with regard to the Catalyst Projects as outlined during the work session.  She stated at that work session, the Board agreed to eliminate the mini-grants in the coming years and the redevelopment grants should be focused on “catalyst projects.”  Staff is requesting the Board authorize them to implement the definition of “catalyst” for future redevelopment projects.

     No one spoke in support or in opposition.

     Commissioner Carey referred to Item #2, Availability to mass transit, and stated there are a lot of different kinds of transit that are not considered mass transit.  She stated she would like to change that to say “availability to transit.”  The Board had no objections to making that change.

     Motion by Commissioner Carey, seconded by Commissioner Horan to amend the CRA Master Plan to include the definition of “catalyst projects” as presented by staff. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Chairman Dallari adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:35 a.m., and reconvened as the Board of County Commissioners.

COUNTY MANAGER’S CONSENT AGENDA

     Ms. Guillet stated staff is requesting that Item #25, Approve Grant Agreement with the Florida Division of Emergency Management, be pulled from the agenda.  She advised the Board of an Add-on, Item #40A, Port Authority budget.   

     Chairman Dallari requested that Item #19, Approve Construction Agreement with CSX Transportation, be pulled for separate vote.

     No one spoke in support or in opposition.

     Motion by Commissioner Horan, seconded by Commissioner Carey to approve the Consent Agenda, excluding Items #19 and #25.

     Districts 1, 2, 3, 4 and 5 voted AYE.

- - -

     Chairman Dallari advised that he pulled the wrong item and would like to pull Item #27, Approve ranking list for PS-9622-14 MSAs. 

     Commissioner Horan withdrew his motion and Commissioner Carey withdrew her second to the motion. 

     Motion by Commissioner Horan, seconded by Commissioner Carey to authorize and approve the following:

County Manager’s Office

Human Resources Division

7.  Approve the renewal of the following employee benefit plans and authorize the Acting County Manager to execute required documents:  Long Term Disability (Reliance Standard 1/1/2015 Exhibit A), Basic Life Insurance (The Standard 1/1/2015 Exhibit B), Supplemental Life Insurance (The Standard 1/1/2015 Exhibit B), Retiree Supplemental Life Insurance (The Standard 1/1/2015 Exhibit B), Short Term Disability (The Standard 1/1/2015 Exhibit B), Cancer Coverage (Allstate 1/1/2015 Exhibit C), Statutory Firefighter Death Benefit (AIG 10/1/2014 Exhibit D), Dental PPO (Solstice 1/1/2015 Exhibit E).

8.  Approve and authorize staff to launch an updated Health and Wellness Program which includes, requirements for tobacco free, specific health factors, annual physicals by primary care physician and recommended lab work and payroll deductions as they are applicable.

 

Community Services

Business Office

9.  Approve and authorize the Chairman to execute the Contract, as shown on page ________, between Seminole County and State of Florida Department of Health for Operation of the Seminole County Health Department Contract Year 2014-2015 in the amount not to exceed $807,970.

10.  Approve and authorize the Chairman to execute an Agreement, as shown on page ________, for Assumption of Mortgage with Darius D. Jackson.

Community Development Division

11.  Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government.

 

Environmental Services

Solid Waste Management Division

12.  Approve the semi-annual fuel index adjustments for residential solid waste collection services, as set forth in Section 13(e) of the Residential Franchise Agreements, with new rates to become effective on October 1, 2014.

 

Leisure Services

Library Services Division

13.  Approve and authorize the Chairman to execute the Grant Agreement, as shown on page _______, between the Florida Department of State, Division of Library and Information Services and Seminole County in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses.

Tourism Development Division

14.  Approve and authorize the Chairman to execute an Agreement, as shown on page _______, with Elite Club National League Inc. (ECNL) in the amount of $37,851.48 to host the 2014 ECNL Winter National Event on December 28-30, 2014.

 

Public Safety

Animal Services Division

15.  Adopt and authorize the Chairman to execute appropriate Resolution #2014-R-182, as shown on page _______, providing a waiver of fees or costs and amending certain fees set forth in Section 20.5 of the Seminole County Administrative Code, which pertains to fees and charges for services provided by the Seminole County Animal Services Division.

Emergency Management Division

16.  Approve and authorize the Chairman to execute a Memorandum of Understanding (MOU), as shown on page _______, between Seminole County, Seminole County School Board, and the cities of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, Sanford and Winter Springs for use of facilities in an emergency.

 

Public Works

Business Office

17.  Approve and authorize the Chairman to execute the Third Amendment, as shown on page _______, to the Seminole County Health Department and Community Services Lease between the Greater Properties, Inc. and Seminole County for the Health Department in Casselberry.

 

 

Engineering Division

18.  Adopt appropriate Resolution #2014-R-183, as shown on page _______, and authorize the Chairman to execute Quitclaim Deeds, as shown on page _______, conveying all rights, title and interest in property arising out of that certain Conservation Easement recorded in ORB 1149, Page 1501, of the Public Records of Seminole County, that is necessary to construct or improve State Road 46 in association with the Wekiva Parkway Project to the State of Florida, Department of Transportation.  The subject parcels are identified by the State of Florida, Department of Transportation, as Parcel Number 104.4R and Parcel Number 115.3R located in Section 30, Township 19 South, Range 30 East.

19.  Approve and authorize the Chairman to execute a Construction Agreement, as shown on page _______, with CSX Transportation, Inc. for Crossing Improvements and Signal Upgrades at the Cross Seminole Trail Missing Link.

20.  Approve and authorize the Chairman to execute a Letter of Support, as shown on page _______, for the application requesting a Quiet Zone Funding Grant for the railroad crossings within Seminole County along the SunRail Corridor.

 

Resource Management

Business Office

21.  Approve appropriate Resolution #2014-R-184, as shown on page _______, approving the anticipated issuance by the Orange County Industrial Development Authority of Industrial Development Revenue and Refunding Bonds, Series 2014 in an aggregate principal amount not to exceed $33,000,000 for the purpose of providing funds to make a loan to the Central Florida Young Men’s Christian Association, Inc., ratifying and approving the public hearing held by the Authority pertaining to the funded projects within Seminole County as required by the Tax Equity and Fiscal Responsibility Act ("TEFRA") and Section 147(f) of the Internal Revenue Code, and approving the form, substance and subsequent execution of the Interlocal Agreement, as shown on page ________, between the County and the Authority pertaining to the proposed refinancing and new money projects to be funded through issuance of the Series 2014 Bonds.

22.  Approve and authorize the Chairman to execute a Grant Agreement, as shown on page ________, with the Florida Department of Agriculture and Consumer Services in acceptance of up to $31,540 through the Arthropod (Mosquito) Control Program.

23.  Approve and authorize the Chairman to execute the Notice of Award, as shown on page ________, in acceptance of the terms and conditions for the FY 2014 Adult Drug Court Discretionary Grant Program - Veterans Treatment Court Implementation Project in the amount of $348,446 from the Department of Justice.

24.  Approve and authorize the Chairman to execute the Notice of Award, as shown on page ________, in acceptance of the terms and conditions for the Adult Drug Treatment Court Expansion and Enhancement Grant in the amount of $324,933 for FY 2014-15 from the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.

25.  Pulled from the agenda request to approve a Grant Agreement with the Florida Division of Emergency Management in acceptance of $5,535 through the Hazards Analysis Program.

Purchasing & Contracts Division

26.  Approve Amendment #3, as shown on page ________, to SS-601200-11/BJC, Seminole County's P25 Radio System Migration, in the revised contract amount of $15,505,259 to Motorola Solutions, Inc., a Delaware Corporation; and authorize the Purchasing & Contracts Division to execute the Amendment.

28.  Award CC-9650-14/AMM, as shown on page ________, Pump Station Upgrades 2013 in the amount of $1,769,650 to Eclipse Construction Company of Lakeland; and authorize the Purchasing & Contracts Division to execute the Agreement.

29.  Award RFP-602017-14/BJC, as shown on page ________, Employee Benefits consisting of specific and aggregate reinsurance, COBRA and flexible spending account administration services as follows: Flexible Spending Account Administration to Chard Snyder, Mason, Ohio, with authorization to implement the use of debit cards for its Users; COBRA Administration to Chard Snyder, Mason, Ohio; Specific and Aggregate Reinsurance to The Crowne Group/Symetra Life Insurance Co., Norcross, Georgia; and authorize the Purchasing & Contracts Division to execute the agreements.

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Request to approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute the Master Service Agreement (MSA) for PS-9622-14/JVP, Construction, Engineering and Inspection (CEI) Services for Soldiers Creek Regional Stormwater Facility (Estimated Term Usage of $950,000), was presented.

     Chairman Dallari stated he has had issues with Alum inspection for the Soldiers Creek Stormwater Facility project and he still has issues with continuing the use of it and cannot support it.

     Motion by Commissioner Carey, seconded by Commissioner Horan to approve ranking list, authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute the Master Services Agreement (MSA) for PS-9622-14/JVP, Construction, Engineering and Inspection (CEI) Services for Soldiers Creek Regional Stormwater Facility (Estimated Term Usage of $950,000).

     Districts 2, 3, 4 and 5 voted AYE.

     Commissioner Dallari voted NAY.

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

     No one spoke in support or in opposition.

Motion by Commissioner Carey, seconded by Commissioner Horan to authorize and approve the following:

Clerk's Office

30.  Approval of Expenditure Approval Lists, as shown on page ________, dated August 18 and 25, 2014; and Payroll Approval List, as shown on page ________, dated August 28, 2014; and noting, for information only, the following Clerk's "Received and Filed":

 

1.    First Amendment, as shown on page ________, to IFB-601934-14.

 

2.    Change Request, as shown on page ________, for Emergency Medical Services Trust Grant #C2057 per application approval on September 14, 2013.

 

3.    Change Request, as shown on page ________, for Emergency Medical Services Trust Grant #C1057 per application approval on September 25, 2012.

 

4.    Amendment #6, as shown on page ________, to Work Order #2 to PS-5116-10.

 

5.    Recording of Plat and Title Search for Mann’s Reserve, as shown on page ________.

 

6.    Recording of Plat and Title Search for Milford Estates Lot 1 Replat, as shown on page ________.

 

7.    Work Order #55, as shown on page ________, to RFP-8312-12.

 

8.    Recorded Warranty Deed, as shown on page ________, for Vanessa Gionson.

 

9.    Denial Development Orders, as shown on page ________, for Eve Carrington and TWIM LLC (2).

 

10.    Utility Agreements, as shown on page ________, for water and sewer service with Annabell Property, LLC for the project known as Westlake Center Lot 1(a).

 

11.    Utility Agreements, as shown on page ________, for water service with Dafflyn Property, LLC for the project known as Westlake Center Lot 2(b).

 

12.    Utility Agreements, as shown on page ________, for water and sewer service with Carmen Admiral & Al Nunez for the project known as Westlake Center Lot 3(c).

 

13.    Bill of Sale, as shown on page ________, accepting Potable and Reclaimed Water and Wastewater Systems for the project known as Lake Markham Landing.

 

14.    Development Orders, as shown on page ________, as follows:  #14-30000057, Frank & Julia Henson variance; #14,30000056, Robert Bitner, Jr. variance; #14-30000053, Doris Lyons variances; #14-30000054, Virginia Dunn variance; #14-30000052, George & Dena Guthrie variance; #14-30000055, Timothy & Michelle Gibson variance; and #14-30000051, Nancy Stine variance.

 

15.    Work Order #56, as shown on page ________, to RFP-8312-12.

 

16.    Development Order #14-32000005, as shown on page ________, Wal-Mart Stores East LP special exception.

 

17.    Change Order #8, as shown on page ________, to Work Order #4 to RFQ-5888-10.

 

18.    Change Order #2, as shown on page ________, to CC-9155-14.

 

19.    Work Order #13, as shown on page ________, to CC-9192-13.

 

20.    Cash Maintenance Bond, as shown on page ________, in the amount of $2,472.50 for the project known as Sovran Self-Storage.

 

21.    Private Road Maintenance Bond, as shown on page ________, in the amount of $79,995.46 for the project known as Eden Point.

 

22.    Right-of-way Utilization Permit Maintenance Bond, as shown on page ________, in the amount of $8,856.31 for the project known as Steeple Chase a/k/a L&L Acres.

 

23.    IFB-602037-14, as shown on page ________, Term Contract with Universal Signs & Accessories.

 

24.    RFP-600747-09, as shown on page ________, Term Contract with Neel-Schaffer, Inc.

 

25.    Work Order #22, as shown on page ________, to CC-8199-12.

 

26.    Change Order #2, as shown on page ________, to Work Order #17 to CC-5075-10.

 

27.    Change Order #1, as shown on page ________, to Work Order #2 to CC-9192-13.

 

28.    Work Order #72, as shown on page ________, to PS-3914-08.

 

29.    Change Order #2, as shown on page ________, to CC-8757-13.

 

30.    IFB-601989-14, as shown on page ________, Term Contract with Pierce Manufacturing, Inc.

 

31.    RFQ-601545-12, as shown on page ________, PAY Counseling Agreement with Clements & Associates, Inc.

 

32.    NSP Corrective Mortgage Deed, as shown on page ________, for Mount Olive Missionary Baptist Church, Inc.

 

33.    Consummating Orders from the Florida Public Service Commission for Docket Nos. 140068-EQ and 140067-EI.

 

34.    Amendment #1, as shown on page ________, to Work Order #58 to PS-4388-09.

 

35.    Certified copy of Joinder and Consent, as shown on page ________, to Plat Dedication for Milford Estates Lot 1 Replat.

 

36.    Amendment #3, as shown on page ________, to Work Order #99 to PS-1529-06.

 

37.    Work Order #13, as shown on page ________, to PS-8148-12.

 

38.    Amendment #1, as shown on page ________, to Work Order #108 to PS-5120-02.

 

39.    Change Order #1, as shown on page ________, to CC-9352-14.

 

40.    Work Order #32, as shown on page ________, to PS-5190-05

 

41.    Amendment #2, as shown on page ________, to Work Order #34 to PS-2249-07.

 

42.    Addendum #3, as shown on page ________, to Developer’s Commitment Agreement for Aloma Mini Storage Minor Amendment.

 

43.    Release of Lien, as shown on page ________, for Leigh & David Dudley and Jim & Heidi Dudley for Case #10-149-CEB.

 

44.    Order Approving Amendments to Underground Residential and Commercial Differential Tariffs from the Florida Public Service Commission re:  Docket #140066-EI.

 

45.    Order Approving Voluntary Solar Partnership Pilot Program from the Florida Public Service Commission re:  Docket #140070-EI.

 

46.    Notice of Proposed Agency Action Order Approving Amendment to Territorial Agreement from the Florida Public Service Commission re:  Docket #140130-EU.

 

47.    Recording of Plat and Title Search for the project known as Lowe’s – Oviedo, as shown on page ________.

 

48.    Notice of Proposed Agency Action Order Approving Territorial Agreement from the Florida Public Service Commission re:  Docket #04855-14.

 

49.    Bids as follows:  PS-9622-14; RFP-602065-14; RFQ-601545-12; IFB-602048-14; RFQ-602042-14; and RFP-602044-14.

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Horan to authorize and approve the following:

Sheriff’s Office

31.  Approval to expend $2,000 from Law Enforcement Trust Fund to provide for a contribution to the 2014 Seminole County Red Ribbon Campaign.

32.  Approval to expend $5,000 from Law Enforcement Trust Fund to provide for a contribution in support of Meals on Wheels, Etc.

 

     Districts 1, 2, 3, 4 and 5 voted AYE.

REGULAR AGENDA

     Ken York, Economic Development Program Manager, addressed the Board to present request to approve a Jobs Growth Incentive (JGI) Funding Agreement with Advanced Business Networking, Inc., providing a total incentive in the amount of $80,000, to be split evenly with the City of Sanford; and to approve an Interlocal Agreement with the City of Sanford addressing the City’s contribution to the JGI incentive.  The company is planning to purchase the 3,800-square-foot office building it is currently leasing as they are rapidly expanding and create 40 new jobs.  The City of Sanford is partnering with Seminole County by splitting the incentive of $80,000.  Staff recommends approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Henley to approve a Jobs Growth Incentive (JGI) Funding Agreement, as shown on page _______, with Advanced Business Networking, Inc., providing a total incentive in the amount of $80,000, to be split evenly with the City of Sanford for the creation of 40 jobs; and approve the Interlocal Agreement, as shown on page _______, with the City of Sanford addressing the City’s contribution to the JGI incentive.

     Under discussion and upon inquiry by Commissioner Constantine, Mr. York explained how important the return on investment is.  Commissioner Constantine stated he supports the request but he would like to caution staff on the advancement of the money as opposed to ensuring that the jobs have been created and then giving it to the companies as well as the length of the return on investment.  He added he feels staff needs to shorten the length of the return on investment as much as they can.  He stated he will be looking very closely at trying to shorten the return on investment as opposed to what they have done in the past.

     Commissioner Carey stated the purchase of the building will reset the tax base but the investment that is made internally will also impact it.  She stated she feels the numbers will ultimately be higher and the return on investment may be shorter. 

     Commissioner Horan explained what is and isn’t considered on the return on investment.  He stated he feels it is important to draw a distinction between the two measures of return on investment, capital investment, and jobs incentive.  Commissioner Constantine stated he feels that may be something that staff needs to look into.  He stated none of that happens until the jobs are created and it may be better to try to get the jobs created and then give the incentive instead of advancing it.

     Commissioner Henley stated return on investment has always been something that this Board has looked at but they have never developed policies to guide them.  He said he feels it has been handled well throughout the years and the County has received the returns that they have anticipated.  He added he feels that handling them individually is the appropriate way to deal with it, but it is an element that they need to consider.

     Ms. Guillet stated per the JGI agreements, there is a requirement of a security instrument for advancing the money as well as annual reports.  She stated those reports are monitored annually to ensure that they are meeting the criteria of the agreement. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Mr. York presented request to approve the Jobs Growth Incentive (JGI) Funding Agreement between Seminole County and Seminole Masonry, Inc., providing a total incentive in the amount of $106,000 for the creation of 106 jobs, Seminole Masonry, Inc.  He stated the company intends to relocate its operations to two properties it recently acquired near the Sanford Airport.  He stated staff is recommending approval of the request.

     No one spoke in support or in opposition.

     Motion by Commissioner Constantine, seconded by Commissioner Henley to approve the Jobs Growth Incentive (JGI) Funding Agreement, as shown on page ________, between Seminole County and Seminole Masonry, Inc., providing a total incentive in the amount of $106,000 for the creation of 106 jobs, Seminole Masonry, Inc.

     Under discussion, Commissioner Henley stated over the years most of the jobs that were awarded are generally high-skilled, but there is a tremendous need for low-skilled or no-skilled types of jobs and this incentive may have some that does not require all of them to be highly skilled. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     Paula Halleck, Code Enforcement, addressed the Board to present request to approve a reduction to the Code Enforcement Special Magistrate lien from $126,500 to $0.00 for Case #12-07-CESM, on property located at 901 Mockingbird Lane, Geneva, Tax Parcel #08-20-32-300-009J-0000, Pinnacle Bank (current owner) and Darrell D. & Terry E. Dean (prior owners).  She reviewed the background timeline as indicated in the agenda memorandum.  The estimated administrative costs for this item total $363.19.  Staff recommends denial of the request.  Staff also recommends that if the lien is reduced and payment is not made within 30 days, it will revert back to the original amount of $126,500. 

     David Bridgeman, Pinnacle Bank CEO, addressed the Board to state the bank did not create the violations.  The property was foreclosed by the bank and they received title on March 20, 2013.  Pinnacle Bank’s attorney assured them at that time that they did not have any existing liens or claims against the property for code violations.  The bank did not receive any notices from Seminole County after that time.  He explained what had occurred after they found a buyer for the property.  The Pinnacle Bank is a small community bank and $125,000 is a lot of money.  Pinnacle Bank does not feel that they are responsible for code violations that they did not create and they are asking the Board to reduce the lien.

     Upon inquiry by Commissioner Carey, Mr. Bridgeman advised the property will be sold for $275,000. 

     Doug Quadrozzi, 1113 Saxon Blvd., addressed the Board to state he has no additional comments.

     No one else spoke in support or in opposition.

     Speaker Request Forms were received and filed.

     Bryant Applegate, County Attorney, stated that under Section 162, Florida Statutes, he believes that even though the foreclosure wipes out the existing amount of the lien, the property owner is aware of the violation and the fine continues to run from the point of obtaining a certificate of title. 

     Upon inquiry by Commissioner Carey, Ms. Halleck advised Pinnacle Bank has been receiving the notices by certified mail and they have the receipts for same.

     Commissioner Carey stated the surrounding property owners have put up with the nuisance for 1½ years and that is not acceptable.  The banks and financial institutions need to be responsible by acting swiftly.

     Commissioner Horan stated when someone takes title to a piece of property, they become like any other owner.  The County has a policy to not excuse or reduce these liens for institutions because if they do that, the institutions will not take the notices seriously that they receive.  Upon inquiry by Commissioner Horan, Mr. Bridgeman advised they received notices prior to the foreclosure and none were received after the foreclosure until they filed for the permits.  Discussion ensued.

     Upon inquiry by Commissioner Carey, Ms. Halleck advised the fine was originally $100 per day but once the lien was imposed, it increased to $250 a day.  If a title company calls about the lien, it will still accrue. 

     Motion by Commissioner Horan, seconded by Commissioner Carey to deny a reduction to the Code Enforcement Special Magistrate lien from $126,500 to $0.00, or any other amount, for Case #12-07-CESM, on property located at 901 Mockingbird Lane, Geneva, Tax Parcel #08-20-32-300-009J-0000, Pinnacle Bank (current owner) and Darrell D. & Terry E. Dean (prior owners). 

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     Tony Matthews, Development Services, addressed the Board to present request to approve the Special Event Permit for Holy Trinity Greek Orthodox Church Greek Fest at 1217 Trinity Woods Lane on November 7 through November 9, 2014.  He reviewed estimated attendance, security and traffic control.  Staff recommends approval of the request. 

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Henley to approve the Special Event Permit for Holy Trinity Greek Orthodox Church Greek Fest at 1217 Trinity Woods Lane on November 7 through November 9, 2014. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

     Ms. Guillet advised that staff will be recommending that Item #39, Approve Amendments to the Text of the Seminole County Comprehensive Plan, be continued.  She stated staff is still working on some of the language that they have been discussing. 

-------

     Ms. Guillet informed the Board of an Add-on, Item #40A, Approval of the Seminole County Port Authority Budget.  She recommended that the Board consider this item before Item #40, San Pedro Center Amendment and Rezone.

COUNTY MANAGER AND STAFF BRIEFINGS

The Board noted, for information only, the Informational Budget Transfer Status Report – FY 2013/14 (August 2014).

COUNTY ATTORNEY BRIEFING

     No Report.

CHAIRMAN’S REPORT

     Chairman Dallari submitted a draft letter (received and filed) to the St. Johns River Water Management District supporting the Regional Restoration Project on Lake Jesup and stated he will be discussing this issue during his report this afternoon.

-------

Chairman Dallari recessed the meeting at 11:09 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Clerk of Court and Comptroller Maryanne Morse who was replaced by Chief Deputy Clerk Bruce McMenemy (who was late), who were present at the Opening Session.

PROOFS OF PUBLICATION

     Motion by Commissioner Henley, seconded by Commissioner Carey to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

     Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

VACATE AND ABANDON LUKAS LANE/

Excel Engineering (Continued)

     Continuation of a public hearing to consider request to vacate and abandon the unnamed platted 30-foot right-of-way, including the south 10 feet of Lot 33 and including the north 10 feet of Lot 32, lying between Lucas Lane and North SR 417, as recorded in Plat Book 2, Page 71 in the Public Records of Seminole County, located approximately 1,300 feet north of Slavia Road, as described in the proof of publication, Excel Engineering for The Masters Academy.

     Cynthia Sweet, Development Services, addressed the Board to advise vacating and abandoning the right-of-way will allow the school’s recreational facilities to remain and to prevent a cloud of title.  As a condition of the vacation and abandonment, the applicant will dedicate a drainage and utility easement over the area for existing services within the subject area.  The applicable utility companies have no objections to the request.  Staff recommends approval of the resolution subject to the applicant executing the Drainage and Utility Easement.  She advised the Board that Todd Andersen will be signing the easement instead of Mike Armstrong, Master Academy Secretary.  Staff is recommending that the Chairman execute and accept the Drainage and Utility Easement.

     At the request of Chairman Dallari, Ms. Sweet indicated on the aerial where the easement is located.  Aerials and master development plans were received and filed.

     Dr. Bill Harris, The Masters Academy, addressed the Board to state he has no additional comments and concurs with staff’s findings.

Upon inquiry by Commissioner Horan, Ms. Sweet advised the right-of-way dead-ends at the intersection of Lucas Lane and the unnamed portion that is being vacated and stated there is a dedicated right-of-way to the north of that intersection.  However, an email (received and filed) from Julian Coto, Excel Engineering, indicated that there is no right-of-way north of the right-of-way to be abandoned.

     No one spoke in support or in opposition. 

     District Commissioner Dallari recommended approving the vacate request.

     Motion by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-185, as shown on page ________, vacating and abandoning the unnamed platted 30-foot right-of-way, including the south 10 feet of Lot 33 and including the north 10 feet of Lot 32, lying between Lucas Lane and North SR 417, as recorded in Plat Book 2, Page 71 in the Public Records of Seminole County; and authorize the Chairman to execute the Drainage and Utility Easement, as shown on page ________, located approximately 1,300 feet north of Slavia Road, as described in the proof of publication, Excel Engineering for The Masters Academy.

     Districts 1, 2, 3, 4 and 5 voted AYE.

 

SEMINOLE COUNTY PORT AUTHORITY BUDGET

     Proof of publication, as shown on page ________, calling for a public hearing to consider the Seminole County Port Authority Budget for FY 2014/2015, received and filed.

     Andrew Van Gaale, Seminole County Port Authority (SCOPA) Administrator, addressed the Board to present the Port’s reevaluated 2014/15 Port Authority Budget.  He stated that SCOPA reevaluated their surplus fund position and have found a way to accommodate the County’s request.  He stated the County will receive a check in the amount of $500,000 next month out of the surplus funds.  He highlighted the Operational Budget, Total Cash Budget, Operational Revenues and Expenses.  The total cash balance is $1,769,564 with a 44% operational reserve amount. 

     Commissioner Carey commended the Port Authority for taking the action they have taken.  Commissioner Henley also commended the Port Authority for their efforts and stated the Port’s contribution will be a great help to the County.

     No one spoke in support or in opposition.

     Motion by Commissioner Carey, seconded by Commissioner Horan to adopt the FY 2014/15 Seminole County Port Authority Amended Budget as presented. 

     Districts 1, 2, 3, 4 and 5 voted AYE.

AMENDMENTS TO THE COMPREHENSIVE PLAN (Continued)

Continuation of a public hearing to consider an Ordinance amending the Introduction and Transportation Elements of the Seminole County Comprehensive Plan Amendment #2014-TXT02, as described in the proof of publication. 

Chairman Dallari stated staff is requesting that this item be continued to October 28, 2014.

No one spoke in support or in opposition.

     Commissioner Carey requested that staff look at the Energy Overlay that was discussed this morning for the SunRail stations.  Ms. Guillet stated staff will have to bring that back as a separate item because it is a transmittal and this is an adoption.  Staff will have to bring that issue back as a transmittal item but will try to bring it back as close in proximity to this item as possible. 

     Ex-Parte Communication from Commissioner Carey was received and filed.

     Motion by Commissioner Constantine, seconded by Commissioner Horan to continue to October 28, 2014 at 1:30 p.m., or as soon thereafter possible, the request to adopt an Ordinance amending the Introduction and Transportation Elements of the Seminole County Comprehensive Plan Amendment #2014-TXT02, as described in the proof of publication.

     Districts 1, 2, 3, 4 and 5 voted AYE.

 

SAN PEDRO CENTER PD MAJOR AMENDMENT AND

REZONE/Alberto Bustamante III (Continued)

Continuation of a public hearing to consider a Major Amendment to the San Pedro Center PD (Planned Development), associated Rezone from PD (Planned Development) to PD (Planned Development), and associated Amendment and Restated Development Order, for 468.23 acres located on the north side of Howell Branch Road, approximately 400 feet east of Jergo Road, more particularly known as 3299 Howell Branch Road, as described in the proof of publication, Alberto Bustamante, III. 

     Brian Walker, Development Services, addressed the Board to state the San Pedro Center PD was approved on July 27, 2010 and he reviewed the uses that were approved.  The current 900 residential units are age restricted and will allow residents who are 55 years of age or older.  He stated the request today does not propose any new uses, new buildings or any expanded commercial uses.  He reviewed the proposed revisions as outlined in the agenda memorandum.  Staff finds that the changes are consistent with the Comprehensive Plan and the Land Development Code (LDC).  The Planning & Zoning (P&Z) Commission recommended approval with the condition that 450 of the residential units be age restricted and 450 be non-age restricted.  Staff recommends approval of the request.

     Mr. Walker explained to Commissioner Carey how the Planning & Zoning Commission came up with their recommendation.  He explained for Chairman Dallari the timeline of what actually took place since 2004.  He stated staff received an affidavit showing that proper notification was made for the 2010 public hearing in the Orlando Sentinel on July 15, 2010.

     Chief Deputy Clerk Bruce McMenemy entered the meeting at this time.

     Bishop John Noonan, Catholic Bishop Diocese of Orlando, addressed the Board to state 20% of the population of Seminole County is Catholic and the church guides the well-being and dignity of the people of God regardless of the faith and denomination.  He stated he has spoken about the importance of family from the youngest to the oldest and his emphasis has been to encourage the reawakening of the family unit.  He added he was appointed as Bishop of the Diocese in 2010.  The Reserve at San Pedro was one of the first projects which he began to review and inquire about because of its importance in the life of the church.  In his research, he encourages the emphasis on a multi-generational community so that families can thrive and live within it.  He hopes that they can create a relevant, viable and sustainable community. 

     Attorney Albert Bustamante, III, addressed the Board to display a PowerPoint Presentation (received and filed) and stated when the property was acquired over 50 years ago, there was an idea to eventually build a Catholic University.  Since then, the property laid dormant with the construction and utilization of the San Pedro Spiritual Development Center.  He discussed what they were contemplating with the property in 2007 and 2010.  There is a large amount of people living in Seminole County who are not 55 or older or who are 55 and older are not looking to be exiled to an exclusive community.  He stated they have met with consultants and developers to contemplate their options.  There has been almost no interest from an exclusive, age-restricted community developer to develop that type of community here and it has been stated that that it would not be sustainable for the long haul. 

     Attorney Bustamante stated the San Pedro Center is asking for a reduction in the age-restricted units.  He stated Bishop Noonan expressed the importance of family, focusing on family, and the importance of potentially developing a mixed-use project that will have some internal capture. 

     Gregg Logan, RCL Co., addressed the Board to display and review the Preference for Multigenerational Communities; Life-Stage Influences Housing Demand; 50+ Boomers are the Largest Generation in Florida; What the Growth is in the Millennial Population; What the Growth is in the 50+ Population; A chart showing the Percentage of 55+ Households Preferring to be in Age Restricted or All Ages Communities; and An Article from the New York Times discussing How the Retirement Community is being reconsidered. 

     Mr. Logan continued by reviewing the results of a survey of what is most important to retirees in terms of community elements.  He concluded by reviewing the Evolution of the Retirement Community. 

     Attorney Bustamante stated the Diocese is committed to this project and it will be growing for a long period of time and the entitlements they are seeking are about long-range flexibility, long-range liability, and long-range sustainability. 

     Javier Omana, Conklin Porter & Holmes (CPH), addressed the Board to display an aerial map and stated this site is approximately 468 acres and is located smack in the middle of urban Seminole County.  He displayed the master plan that was previously approved in 2010 and he reviewed the elements that were approved under that master plan.  He then reviewed the 2010 Approved Program.  

     Upon inquiry by Chairman Dallari, Attorney Bustamante advised the previous dorm was severely damaged by a hurricane and it was rebuilt. 

     Mr. Omana continued by reviewing the 2010 Approved Uses for Village 1 and Village 2; a chart showing the 2010 Approved Conditions; and a chart showing the 2014 Amendments.  He reviewed the Buffers that are currently in place; Current and Proposed Cemetery Buffer E along Dike Road; Current and Proposed Cemetery Buffer C along Cedar Ridge; and School Capacity Determination. 

     Upon inquiry by Chairman Dallari, Mr. Omana explained how they came up with the total number of apartments and bedrooms and how they came up with the breakdown of the number of units.  Commissioner Henley asked if information was provided to the School Board as to the size of the units.  He also asked if the School Board informed them that they can only utilize 85% of the total capacity when it gets into scheduling the kids.  Mr. Omana stated this is the first step and the next step is to provide a site plan with a breakdown of the number of units and bedrooms.  The proposed protocol is to deal with capacity evaluation through an interlocal agreement and that is in the works.  The approved sales tax will provide funding of $16 million to the School Board over the next ten years. 

     Upon inquiry by Commissioner Carey, Ms. Guillet stated there are a couple of different levels of analysis based on this specific entitlement being sought.  When a rezone is done at this level, the number of units is the only analysis they can do at that time.  Those numbers are taken out of the system and are taken into account so if another project comes in after the fact, they would know that there were entitlements that may generate this many students.  Upon further inquiry by Commissioner Carey, Ms. Guillet advised staff can find out the number the School Board uses. 

     Peter Such, CPH, addressed the Board to address the Primary Access to the Retreat Center and to the Cemetery.  Upon inquiry by Commissioner Carey, Mr. Such advised if they live at the village and a friend passes away and is going to be buried at the cemetery, they cannot drive to the cemetery without exiting their community.  Mr. Such continued reviewing the Trip Generation; Additional Accommodation to Offset Additional Trips; and Trips Safeguard. 

     Commissioner Dallari stated a needs analysis was done and it indicated that by 2030 the population of ages 55 and older will increase by 38%.  Mr. Such explained they stand corrected because the development trends, in looking at the future beyond the current generation of retirees and future generation of retirees, appear to be changing.  Commissioner Carey stated that people are living longer now and are more active.  People don’t necessarily want to be in the same box and like having interaction with people of other ages. 

Mr. Such clarified there would be 250 units for age qualified or restricted.  The remaining units would be non-age qualified or restricted.  That would not prohibit anyone that is 55 or older from moving into them. 

     Attorney Bustamante clarified the age restriction.  He stated there are places in Florida that you can go to if a person wants to be in an exclusive community.  This is an infill project and they have a responsibility for making sure that it is sustainable for the long haul.  This project will create a better opportunity for the citizens to have a place to live, work, and play close to their families.  CPH has gone through a very technical review of the vested entitlements as a comparison to what they are asking for, predominantly the agreement to cap the trips.  There have been a lot of conversations with the Board and neighbors and they recognize that there are still concerns even with the safeguard in place.  He added they are proposing to eliminate 44% of the commercial and that is something that more than offsets the impact of traffic.  He addressed the accommodations made for setback concerns that the Cedar Ridge residents had, why the 2007 proposal was taken offline, and coming up with a multi-generational, multi-culture community that will be sustainable for the long haul.  He continued by reviewing the list of Additional Considerations relating to the Hotel Use; Environmental Issues; Lighting; Height Limitation; Prohibiting Launching All Motorized Watercraft; and Home Site Docks.

     Upon inquiry by Commissioner Carey, Attorney Bustamante advised motorized watercrafts are allowed on Lake Howell from other areas.  Commissioner Carey stated monitoring the watercraft may be complicated since other areas are allowed to use them on the lake.  Attorney Bustamante stated he believes there is very limited public access to the lake.  Access to that lake is predominantly for individuals that live on that lake.  This project will not have moorings or slips for boats.  Attorney Bustamante continued by reviewing the Dedicated Funding Source of Lake Howell, Modify Buffer C, Height Limitation of all Buildings, Increased Setback for Cemetery Maintenance Building, Cemetery Maintenance Building Requirement, No Vehicular Access from Cemetery 1 into Villages 1 and 2, Access on Dike Road, and No Vehicular or Pedestrian Access to Lake Howell Lane or Ranch Road. 

     Commissioner Carey confirmed with Attorney Bustamante that the proposed split-rail fence to the west of Lake Howell Lane will be changed to an aluminum fence due to homeowners’ concerns about access from Lake Howell Lane.  Attorney Bustamante clarified that there will be internal connectivity between Village 1 and Village 2, and the Chapel will obviously work in coordination with the ceremonies relative to the funerals that will be held at Queen of Peace Cemetery.  There is no connection between the San Pedro Spiritual Center and the Cemetery.

     Upon inquiry by Commissioner Horan, Attorney Bustamante advised if this project is approved, he believes this will probably be a 10-20 year evolution.  Many of the components of this project are mission driven and they will have a perpetual interest in what may happen with various aspects of the project. 

     Upon inquiry by Commissioner Henley, Attorney Bustamante advised that this is a very important step towards the design engineering.  He stated they have undertaken a form of an RFP process to consider what developers might have an interest in this project.  He added they have a sense of who they are and how they might proceed, but not to the point where actual drawings have been done.  He concluded if this project is approved, he is hoping to bring a site plan back within 6 to 12 months, but they do not have an agreement with a developer. 

     Commissioner Carey stated the L&L Acres project was approved about four years ago and the developer just started building their model homes.  Attorney Bustamante stated Bishop Noonan has taken a personal interest in this and it will be a long process. 

     Upon inquiry by Commissioner Carey, Attorney Bustamante advised San Pedro is not proposing a hotel until the assisted living and skilled nursing facilities are built.

     Chairman Dallari recessed the meeting at 3:15 p.m., reconvening at 3:26 p.m., with Chief Deputy Clerk Bruce McMenemy entering late.

     Matilla Gross, 7833 Fox Knoll Place, addressed the Board to state she has lived here since 1984 and has seen a lot of changes.  She stated she is extremely interested in living at this facility and she hopes the amendment and rezone passes as she doesn’t think the Dioceses will spend the money on this project if they don’t get what they are requesting.

     Charles Thatcher, 648 Tuskawilla Point Lane, addressed the Board to state he is an employee of the Diocese of Orlando and he is interested in living at this development.  He stated development, progress and growth happens and it is important that development happens well, and he is confident that the Diocese will manage this project well. 

     Robert Shearer, 1457 Aster Court, addressed the Board to state he respects and supports the 2010 proposal and he feels that the proposed amendments and accommodations will further enhance that proposal.  He added he feels that this project will preserve the natural space and more green space than in any other housing development that the residents currently live in.

     Renae Bennett, 2616 Exuma Way, addressed the Board to state she has visited the San Pedro Community Center and it is a place that she can live as it is very attractive to her as well as to others.   

     Nelson Javier, 1323 Olympia Ave., addressed the Board to express his approval of the San Pedro development and improvements.  He stated he can say that he supports San Pedro according to religion and Christian values.

     Claire Brothers, 1610 Lawndale Circle, addressed the Board to state she works for the Diocese of Orlando and she agrees with this project as there are not enough high-quality services in this area.  She said she would love to move her parents closer to her house.  She added she appreciates the noise ordinance that is a part of this.  Also, currently there is no fine or good dining in their area. 

     Constantino Ferriola, Jr., 932 Bucksaw Place, addressed the Board to state he has been a resident of Longwood for 17 years and he serves as the Catholic Chaplain at Arnold Palmer Medical Center.  He reviewed his background of what he has been doing for the past 33 years.  He requested the Board to approve the San Pedro project. 

     Father John Bluett addressed the Board to state he has been a resident of Seminole County for over 50 years.  He stated they have been discussing San Pedro for over 40 years and if they do not do anything about it, he won’t be here to enjoy it. 

     Father Patrick Quinn’s name was called and it was determined that he had left the meeting.

     Father Robert D’Aversa, 1323 Olympia Ave., addressed the Board to state he lived at San Pedro for 20 years and stated he feels this is an improved presentation.  He requested approval of the project.

     Father Giles Schinelli, 2100 Dike Road, addressed the Board to state he is currently the Director of San Pedro Center and to speak in favor of the amendment and rezone.

     Chief Deputy Clerk Bruce McMenemy entered the meeting at this time.

     Father Schinelli stated the Diocese serves everyone and not just Roman Catholics.  He expressed the reason he supports the project.

     Father Anthony Aarons, 2400 Dike Road, addressed the Board to state people visit the San Pedro Center to enjoy the peace and quiet of the place.  He asked the Board to approve the request.

     Katie Walsh, 7569 Dockside St., addressed the Board to state she is an employee of the Diocese of Orlando and she is asking the Board to approve the amendment and rezone.  She stated she looks forward to the possibility of living in this facility and she feels this will be an asset to the area.

     Connie Wightman, 1245 Howell Point, addressed the Board to express her reason why the Board should deny the request relating to the change of character, the traffic impact, and the proposed intensity being incompatible with the surrounding neighborhoods.  She stated they would prefer to keep the horse-rail fencing they currently have.  Commissioner Carey informed Ms. Wightman that no stand-alone commercial use is permitted within 400 feet in Village 1.

     Attorney Ellen Avery-Smith, Rogers and Towers, addressed the Board to state she is here on behalf of Kurt and Carol Depasqua who lives on Lake Howell Lane.  She stated Seminole County’s Comprehensive Plan and Land Development Code (LDC) provide that the BCC has a legal obligation to balance the interest of the San Pedro development with the existing residents.  The residents prefer that this change not go forward.  She said she submitted a letter (received and filed) dated September 5 to Commissioner Dallari and she wants to make sure that the PD Amended and Restated Development Order as well as the maps are amended to reflect the comments that she submitted in her letter before they are signed and submitted into the Record.  She referred to page 4 of the proposed development order entitled “The Preserve” relating to prohibition of motorized boats, and stated Mr. Bustamante indicated that would be changed to non-motorized watercraft.  She requested that be applied to the entire property.  She stated with respect to the buffering and the six-foot aluminum fence, they would like to have the six foot aluminum fence along the remainder of the western perimeter.  Commissioner Cary clarified that the aluminum fence would be from Howell Branch to Ms. Wightman’s property line. 

Ms. Avery-Smith also asked that the entire provision relating to the building height of 2 stories (35 feet) be incorporated into Buffer A-1.  With regard to the building height, she requested that the buffer language be revised relating to the setbacks before the development order is completed.  She stated she appreciates that Mr. Bustamante recognizes that the access to Lake Howell Lane and Ranch Road will be pedestrian and vehicular access, as well as the addition in the final development plan to include lighting and other safety measures.  She stated if the Board approves the project, she would ask that they approve it with the conditions presented by Mr. Bustamante and as supplemented by her September 5th letter.

     John Kohler, 1027 Princess Gate Blvd., was called to speak and it was determined that he left the meeting.

     Jon Jones, 1595 Lawndale Circle, addressed the Board to submit information (received and filed) regarding his opposition to the project.  He stated the proposed zoning amendment removing “55 years and older” is a significant agreement change that will significantly impact schools, preservation of the community’s quality of life, property values, traffic/safety, and County infrastructure costs/capabilities.  He displayed and reviewed the School Impact Synergism; Traffic and Safety; and an aerial map that emphasizes the traffic study.  He stated he hopes the Board will consider the impacts that this will create on single-family homes.

     Bernard Cote, Citrus Point Homeowners Association, addressed the Board to state the Association feels that this development will place hazardous conditions in their community.  This development may increase the crimes in the area and could cause property damage.  It would also lower the property values and increase their property taxes. 

     Scot Myers, 3486 Bougainvillea Drive, addressed the Board to state he represents the Eastbrook Homeowners Association.  He stated Eastbrook Blvd. will become one of the sole cut-throughs between San Pedro Center and Aloma Avenue and Eastbrook Blvd. is the only access and egress to the Eastbrook Subdivision.  The proposal did not include any traffic studies for the other end of Eastbrook Blvd. that connects to Aloma Avenue, but a traffic study was done that included the intersection of Howell Branch Road and Aloma Avenue.  The church is in this for the long haul and he believes that they waited for an amenable board to make this development a reality.  The church is asking the Board to support the long-range goals of their mission while ignoring the present negative impact.  A letter from the Eastbrook Homeowners Association opposing the project was received and filed.

     Bob Bass, 1055 Lundy Court, addressed the Board to state he has been a resident of Central Florida for over 60 years and he has seen a lot of changes, but this appears to be a bad change.  The one thing that has not been addressed is the impact on the environment.  Seminole County has been on water restrictions for over 15 years and he wants to know how much more the resources can stand.  He said he objects to this project going forward because of the impact it will have within 20 to 30 years on the environment.

     Timothy Berry, 2833 Buccaneer Drive, addressed the Board to state he is representing the 70+ homes in the Harbour Ridge subdivision.  He said the original plans were supported by his subdivision.  He asked the Board to not change or move this amendment forward, to vote “no” to lowering the age, and to not put in the maintenance road directly across from them.  The families moved in this area because of the environment and to visit the Diocese for the peace and the nature.  The project will change that completely. 

     Anne Zaya, 2804 Buccaneer Drive, addressed the Board to state no one asked the residents how they felt about this project when redevelopment began one year prior to 2005.  She stated the residents felt that a nursing home or retirement home would be fine for the neighborhood.  She read a portion of page 13 of the January 6, 2010 P&Z Commission meeting final minutes.  She stated she is a senior and her life will not be enhanced by building this project with a hotel and shopping centers.  She questioned whether a traffic study had been done and discussed Dike Road being used as a cut-through, speeding, people walking their dogs daily, and children going back and forth on Dike Road to attend Eastbrook Elementary.  She said she believes this development must be denied until the hotel issue is resolved. 

     Shirley Haynes, 2764 Lake Howell Lane, addressed the Board to state the residents live in an agricultural zone and have animals of all kinds.  She said there will be trouble if the children from this project wander over to their area.  She indicated on the aerial map where her property is located.  She said she doesn’t know how they are going to address Lake Ann as she has not heard it mentioned.  The subdivision bordering Lake Ann will be impacted the worst.  She addressed the wetlands across from her property and stated she hopes that they will not be disturbed.  She stated it would be great if they would clean up the vegetation and leave them with a buffer and nice fence.  She added she wants to live in a respectable and quiet neighborhood for seniors and does not want children running around the area. 

     Florine Smith, 2771 Howell Branch Road, addressed the Board to state she has lived in the area since 1968 and the traffic has become horrible.  She said Lake Ann is a spring-fed lake and is monitored by the Environmental Agency frequently during the year.  She stated she is concerned about the lake and she doesn’t know what the Diocese will do to the east side of Lake Ann.  She added her main concern is the traffic as she has a hard time getting in or out of her driveway. 

     Robin Leedom, 1626 Lawndale Circle, addressed the Board to state she is the treasurer and registered agent for the Country Lane Homeowners Association.  She submitted Petitions, as shown on page ________, from 81 of the 154 residents living on Country Lane asserting that they do not want to lose the “55 and older” contingency.  The residents have accepted the fact that development will come but they are not willing to sacrifice the “55 and older” age contingency on this.  Lutheran Haven has been at the corner of Aloma and Chapman for over 50 years.  She said she disagrees with them saying that there is no longevity of this development in keeping the “55 and older.”  She added she feels that the premise and the foundation on which the project was approved in 2010 should remain.  She believes that the “55 and older” limits the marketability of the project. 

     Tom Myers, 1404 Westdale Avenue, addressed the Board to ask if the cemetery access behind Westdale is going to be gated and whether there will be restricted hours.  He explained why he feels the nursing and assisted living facility should be built first.  The proposed project will be limiting the choices of the seniors who want a 55+ community.  The seniors that do not want this have unlimited choices of where they want to live.  He asked what the residential, commercial and hotel development have to do with the Spiritual Center.

     Chief Deputy Clerk Bruce McMenemy left the meeting at this time.

     Carol Hatfield, 2057 Houndslake Drive, addressed the Board to state she is not opposed to development, but she believes that everyone has the right to develop their property as long as it is within the law.  She said she has an issue with the way the density was originally calculated and she would like the Board to consider applying conditions to this amendment.  She added the trip generation that she has heard about was for Howell Branch Road but she has not heard anything about Dike Road, Eastbrook, Tangerine Road, or Lake Howell Road.  She stated impact fees from this development will go to Seminole County to widen the roads.  She said there is not enough room when Dike Road is widened and she would like to know if they will be taking out houses along the west side of the Cedar Ridge Subdivision.  She concluded she feels that they need more time to work out the details of this amendment.

     Cynthia Hasenao, 111 Longbranch Road, addressed the Board to display a picture (received and filed) of Lake Ann Lane.  She stated she agrees with everyone’s comments.  The major point is they do not know the impact on the schools, roadways, traffic patterns, the ecosystems and on the area.  There is so much more going into this area than just the boundaries.  She questioned how this could happen today without clear answers to the question of what the impact is.  What began as a lovely idea as a retirement community has turned into a quagmire of questions.  The Board owes it to this beautiful area to give it more thought by not placing four- or five-story buildings upon the edge of one-acre lots.

     Troy Williamson, Cedar Ridge Subdivision resident, addressed the Board to state allowing the neighbors to play a role in the development of this project will allow them to give their input.  The original plans called for seniors over 55 to reside in 900 residential facilities.  The P&Z Commission changed it to 450 standard residents and 450 senior residents.  Since there is going to be the same amount of seniors and standard residents, he would like the 100-room hotel to be taken off the plans as a hotel would not be viable.  Hotels are already in nearby well-established areas.  The community does not want a hotel in their backyards.  A viable solution would be to possibly extend the existing area known as the retreat center which is privately maintained.  He asked the Board to extend an additional buffer for the neighbors on Brentwood and Westdale as 75 feet doesn’t work for them.  He also asked what solutions could be formed relative to the new demands for fire rescue services when there will more seniors in the assisted living residence.  He said Station 23 will be overburdened by not having adequate coverage for the area.  He requested the Board limit the height of the buildings to three stories.  If this request is approved, he would like to see strict guidelines implemented for Crime Prevention through Environmental Design (CEPTED) as outlined by the Tampa and Orlando Police Departments. 

     Curtis DiPasqua, 2664 Lake Howell Circle, addressed the Board to state he bought his property in 2009 and started to build his home in 2010.  He stated the Diocese will be shoving thousands of people and retail onto the narrow space up against residential.  Presently, residential ranges from one to ten acres of agricultural zoning.  The intersection of Howell Branch Road and SR 436 is already jammed and people will cut down Lake Ann Drive.  There have been no discussions with regard to Lake Howell which is swamped with hydrillas. 

     Joe Johnston, 1614 Longdale Circle, addressed the Board to state he has lived in the area for 30 years and he doesn’t remember anyone discussing this project in his subdivision.  He stated the size of Howell Branch Road is going to be increased and he would like to know if more backyards will be taken for that.  He asked what is going to be done with Hall Road at the end of Howell Branch Road. 

     Cindy Burrows, 1376 Westdale Avenue, addressed the Board to state she has lived in this area for 27 years and she agrees with everything that has been said.  This type of development in this community is not in the best interest of the children.  She asked the Board to vote no today as she feels the impact should be further reviewed and more questions need to be asked. 

     Jeff Vining, 2028 Houndslake Drive, addressed the Board to state his house backs up to Dike Road and he concurs with the traffic issues.  He stated the schools in the area are "A" schools and adding more people will affect the school grades impact and how much they can handle.  This project will also affect the fire department in the area.  He said there are plenty of hotels off of I-4 which is not a far drive down SR 436.  He discussed the increase in people and traffic and said there are plenty of accidents off of Dike Road and there is no room to widen the road. 

     Shirley Yousef, 105 Longbranch Road, addressed the Board to state she moved into Lake Ann Estates during the 1970’s and she can remember when the church was trying to open Howell Branch Road to have an entrance into their area.  She stated she would like the Board to further consider this issue longer until some of the matters have been straightened out. 

     Jim Stout, 2808 Lake Howell Lane, addressed the Board to state he used to produce concerts at L&L Acres Ranch and it saddens him to see what L&L Acres has become today.  He stated there are plenty of places to buy milk and they do not need another retail center in this area.  He discussed the issues of kids playing in the area as well as at the school, and the kids from the day-care center having a hard time crossing the street to get across Howell Branch Road after it is six lanes. 

     No one else spoke in support or in opposition.

     Speaker Request Form from Christine Shields supporting the project was received and filed.

     Speaker Request and Written Comment Forms were received and filed. 

     Letters from Citrus Point Homeowner’s Association, Anna Zaya and Susan Heiskell, and Jan Rutkowski opposing the project were received and filed.  Emails from various residents requesting the Board deny the project were received and filed.  Emails sent to the Development Services staff from various residents opposing the project were received and filed.

     Chairman Dallari recessed the meeting at 5:05 p.m., reconvening at 5:11 p.m., with Chief Deputy Clerk Bruce McMenemy entering the meeting.

     Chairman Dallari submitted ex parte communications (received and filed) and stated his decision will be based on the public input received this afternoon. 

     Commissioner Carey submitted ex parte communications (received and filed) and stated she will base her opinion on the comments received this afternoon. 

     Commissioner Henley disclosed that he has met with the representatives of the Diocese and the attorney that represents the citizens.  Ex parte communication from Commissioner Henley was received and filed.

     Commissioner Constantine stated he also received emails and letters from residents as well as meeting with the representatives relative to the project.  He stated he will make his decision based upon the comments received this afternoon. 

     Commissioner Horan stated he received ex parte communications from residents and the representatives of San Pedro regarding this issue. 

     Attorney Bustamante stated a very tiny corner of the property goes out into Lake Ann and that is within the undisturbed buffer, and they have no intention of having any access there.  He said he will recommend that that issue be added to the list of additional items that would limit access to the lake.  The other issue relates to the gating of the cemetery access points including the access point from Howell Branch Road and off of Dike Road.  He stated the cemetery will have some sort of a gate system and he has no problem adding a provision relative to restricting access during off-business hours. 

Attorney Bustamante noted a lot of the residents commented on the traffic and schools.  They are required to come back to the Board with comprehensive studies relative to each phase and that will take place.  He stated after this meeting, he is hoping that they can start drilling down on what the specifics of the projects will look like.  They will have an opportunity to present all kinds of studies to ensure that they are responsible with the schools and traffic.  He added the age restriction is a deed restriction on the lots that will be sold on the property.  Attorney Bustamante said he proposes based on the analysis of the experts, the long-term viability of a mixed-use project of this nature will be significantly better and more sustainable in a mixed-use multi-generational project.  Attorney Bustamante discussed the issue of property taxes and property values increasing, and the environmental concerns.  He stated they would be willing to participate in an MSBU to manage Lake Howell and that would be a prime objective of their project.  He added the CEPTED standards are already addressed in the development order and they will take all measures to ensure that this is a safe community.  The traffic studies that will come during the drawdown of the different phases and uses of the project will take that broader look at traffic.  The other item that is sensitive is the density of the project.  Their calculations did not take into consideration a lake they talked about in the developable portions of the property.  Attorney Bustamante stated that one of the objectives has always been that they have an opportunity to maintain the viability of the Spiritual Center.  This project is about the long-term ability of the Diocese to continue to have a property like this.  The only way they can maintain a lot of green space is to cluster the development and to try to pack density into the central core of the villages.  Buffers have been provided so it will have the least amount of impact to the neighbors.  The County will have an opportunity to evaluate each site plan and the components of that will be tweaked.  They will make every effort to try to maintain as much green space as possible. 

     Mr. Such stated everything that is being proposed as a part of this amendment decreases the potential trip generation than what was previously approved.  A very detailed traffic study will have to be done as further development phases come to fruition at the final site plan level.  The study will be done based on the current roadway conditions at that time, and it will take into account the magnitude of development and appropriate area of study.  That methodology will be reviewed and agreed upon by County staff.  Any necessary improvements will have to be done as part of that development in order to make the driveways, intersections, and roadways operate in an acceptable manner. 

     Mr. Such stated he provided the numbers of apartments and the number of single-family units to the School Board for planning analysis and they submitted a positive response.  Consideration has to be given to make sure there is capacity in the school system to absorb the number of kids. 

     Attorney Bustamante stated he believes they have touched on most of the issues that were brought up by the residents, and they have had an opportunity to add some additional considerations. 

     Upon inquiry by Commissioner Carey, Attorney Bustamante advised he has no problem with not having commercial development on the north side of the buffer.  He stated he doesn’t anticipate that there will be commercial in Village 1 to the extent that there may be something incorporated into the senior components of the project.

     Upon inquiry by Commissioner Henley, Attorney Bustamante advised he doesn’t know what the intended use will be with the five-story building.  He stated there was a lot of dialogue in 2010 about trying to compress as much density into the smallest amount of a footprint.  The height will give them the ability to meet some of the densities, particularly the age specifics, skilled nursing, assisted living and multi-family components.  He added he has no problem with removing a floor, but the consequence of that is it may increase the girth. 

     Upon further inquiry by Commissioner Henley, Attorney Bustamante advised cell towers are a permitted use, but he doesn’t know how many they will have.  He stated from a public safety perspective, the cell towers have value and there are always questions about where they should be located when development has already occurred.  He added he would defer to the Board as to how many cell towers will be approved.

     Commissoner Carey stated a lot of the assisted living facilities are seven or eight stories because they have a multitude of levels.  She stated the setbacks for five stories are so far away from everyone and this would have an impact from the outside.  She stated she doesn’t think the developer will get 900 residential units on the property and she would like to know if they have looked at reducing the number of units.  Attorney Bustamante advised the Diocese is not a developer and they do not know the number of units or the exact mix.  He stated they have asked for the global entitlements that would allow them to maneuver with those numbers.  The detail will come on the site plan.  The importance of them having a quality, sustainable mixed-use project may be based on how it will ultimately play out over the next 10 to 20 years by leaving some units on the table.  They are looking at places that are environmentally sensitive. 

     Commissioner Constantine stated the Board needs to protect the citizens’ investment in the community and he appreciates that San Pedro is taking into consideration some of the citizens’ concerns relating to the environment.  He stated he has concerns that the height is not conducive to this area as well as the hotel.  He said he wouldn’t be in favor of a 110-room commercial hotel being four or five stories high.  Attorney Bustamante stated he likes the concept that was laid out relative to how short-term living accommodations in a community serves a unique market.  He said he doesn’t know how to redefine a hotel or whether short-term rentals or suites works.  He added there is no market for a hotel at this time, but they do not know what the market will look like 10 to 20 years from now.  He said what they are asking for is a place-holder for the hotel and to have an opportunity to come back to the Board for same. 

     Upon inquiry by Commissioner Horan, Mr. Walker advised staff feels that the proposed use and changes are consistent with the Comprehensive Plan and Land Development Code.

     Upon inquiry by Commissioner Carey, Tina Williamson, Development Services Director, advised staff is still working off the study that was done in 2006 on impact fees for schools.  She stated the formula that they use is for single-family and multi-family. 

     Upon further inquiry by Commissioner Carey, Brett Blackadar, County Engineer, addressed the Board to advise Howell Branch Road was widened to four lanes in 1997 and it is currently constrained to four lanes and cannot be widened beyond four lanes unless the Comprehensive Plan is changed.  Dodd Road was widened in 2005 and intersection improvements to Howell Branch and SR 436 were done in 2007.  Lake Ann Lane is north of Howell Branch Road and there are no plans to do anything on that road as well as Lake Howell Lane.  The consultants are doing a safety study on Dike Road and that should be completed within a month.  The consultants will bring back their recommendations, and staff will be looking at programming those studies with sales tax funds.  Staff has already looked at some safety measures on that roadway.  They also have a sidewalk project with the safety project on Dike Road. 

     Upon further inquiry by Commissioner Carey, Mr. Blackadar advised CPH submitted an updated study.  CPH’s last study was based on 2008 numbers and they projected those counts out to the future.  CPH learned that most of their projections were about 20% to 25% higher than the actual 2014 counts.  CPH then used the 2014 counts and projected out a 2% growth rate to 2025, and with the 2025 development, they are still meeting capacity for all the roadways including Howell Branch Road.

     District Commissioner Dallari stated the biggest issue he has is removing the age restriction and he explained the reason for this.  He stated he feels the age restriction project is conducive to the surrounding areas and leaving it on this property is vital to what was determined in the previous years.  Once the age restriction is removed, it significantly changes this project, and it changes the density and the travel conditions.  He opined it truly negatively affects the adjacent communities.  Chairman Dallari surrendered the gavel to the Vice Chairman for the purpose of offering a motion.

Motion by Commissioner Dallari, seconded by Commissioner Henley to deny, without prejudice, request to approve a Major Amendment to the San Pedro Center PD (Planned Development) and associated Rezone from PD (Planned Development) to PD (Planned Development); and associated Amendment and Restated Development Order for 468.23 acres located on the north side of Howell Branch Road, approximately 400 feet east of Jergo Road, more particularly known as 3299 Howell Branch Road, as described in the proof of publication, Alberto Bustamante, III, and approval of the Denial Development Order, as shown on page ________.

Under discussion, Commissioner Dallari stated he wants to make sure the denial is without prejudice, so that the applicant can bring it back to the Board.  If the age restriction is going to be removed, they need to look at this holistically so they can figure out what pieces of the puzzle need to go in there so it won’t affect the surrounding communities

     Vice Chairman Carey stated she will not be supporting the motion as she feels there is some latitude.  In addition to the change of the age restriction, there is still a large portion of this development that is age restricted due to the fact that it is an assisted living and skilled nursing facility.

     Commissioner Horan stated once the applicant addresses, with competent evidence, that the proposed amendment and rezone is consistent with the Comprehensive Plan and Future Land Use Elements, the landowner is entitled to have their land approvals judged by the same legal standards as those in opposition.  He stated based on the evidence presented, he supports the amendment and rezone; therefore, he will not support the motion.

     Commissioner Henley stated he agrees that the applicant has the right to bring forward an application, but this Board has to make the determination.  He explained the reason why he supports the District Commissioner’s motion.

     Commissioner Dallari stated he feels there are a lot of questions that haven’t been answered. 

     Upon inquiry by Commissioner Constantine, Bryant Applegate, County Attorney, advised if the motion passes, the application is obviously rejected.  He stated at some point, the property owner could come back and start the process over again with a different plan with changes. 

     Vice Chairman Carey stated the applicant typically has a waiting period of one year.  Ms. Guillet stated there is a waiting time period and without that qualification, they wouldn’t be able to come back before the expiration of that time period for the Board to consider another application.  Commissioner Dallari stated by him making the statement, without prejudice, it removes that time frame.  Mr. Applegate stated without prejudice, the applicant still has to comply with all the County’s requirements of having to wait the amount of time it takes to resubmit an application.  He stated he believes they would have to wait 12 months before they can come back.  Ms. Guillet stated the Board has the authority to waive that waiting period.

     Upon inquiry by Commissioner Constantine, Mr. Applegate advised that the concessions that were presented today are off the table from the previous agreement already on the books.

     Upon inquiry by Commissioner Constantine, Commissioner Dallari advised the Attorney in the past indicated that if the Board stated in the motion, without prejudice, that the applicant could come back sooner than the 12-month waiting period.

     Commissioner Dallari stated he would like to amend his motion to include that the applicant could come back within the 12-month period as long as the meeting is advertised appropriately.  Commissioner Henley agreed to the amendment. 

     Commissioner Constantine stated he doesn’t like the project that was approved in 2010, but with the conditions made today, the project would be better for the community.  He said there are still many questions regarding the mix and he has concerns about that.  He added he has concerns with the hotel and he would be happy to give the applicant the ability to come back with another plan and to spend more time with the citizens.  He cautioned the citizens that this is not a NIMBY and they need to work with the applicant.  It is very important to find the right environment and mix of ages; therefore, he will support the motion.

     Upon inquiry by Vice Chairman Carey, Mr. Applegate stated he feels it is much better if the Board include in the motion if they are going to waive a provision.  Commissioner Dallari stated he is making clear in his motion that he is waiving the time frame provision.

     Upon further inquiry by Vice Chairman Carey, Commissioner Dallari advised he would not consider continuing this item.  Commissioner Horan reiterated that the motion is to deny the application and waive the 12-month waiting period. 

     Upon inquiry by Vice Chairman Carey, Commissioner Dallari advised the applicant can come back and request the Board waive the application fees and that can be addressed at that time.

     Districts 1, 2, and 3 voted AYE.

     Commissioners Horan and Carey voted NAY.

     Upon inquiry by Commissioner Henley, Mr. Applegate advised this Board is not bound by the opinion of staff.

     The gavel was returned to Commissioner Dallari to resume the duties of Chairman.

 

CHAIRMAN’S REPORT

     Chairman Dallari stated there is a vacancy on the MetroPlan Transportation Citizens Advisory Committee and he would like the Board to appoint Jeff Campbell to replace Marylou Andrews.

     Motion by Commissioner Carey, seconded by Commissioner Horan to adopt appropriate Resolution #2014-R-188, as shown on page _______, appointing Jeff Campbell to the MetroPlan Transportation Citizens Advisory Committee.

     Districts 1, 2, 3, 4 and 5 voted AYE.

-------

     Chairman Dallari stated he has scheduled a work session on October 14, 2014 relating to the Board policies and procedures and a work session to discuss the sales tax priority list will follow after that.

     Upon inquiry by Commissioner Carey, Chairman Dallari advised with regard to the policies and procedures work session, he wants to make sure that the Board is on the same page as to how they work with staff, the County Manager, and the County Attorney.  He said he wants to make sure that they are using staff most expeditiously and effectively.

COMMINICATIONS AND/OR REPORTS

     The following Communications and/or Reports were received and filed:

1.      Copy of letter dated September 5, 2014, from Alberto Bustamante, BakerHostetler LLP, to Ellen Avery-Smith, Rogers and Towers, Attorneys at Law, RE: San Pedro Development.

 

2.      Copy of letter with attachment dated September 12, 2014, from Cathy Galvis, Florida Department of Revenue, to Ray Valdes, Seminole County Tax Collector, RE: Review of budget request for the operation of Tax Collector Office for the period October 1, 2014 through September 30, 2015, pursuant to Section 195.087, Florida Statutes.

 

3.      Letter dated September 15, 2014, from Harry Barley, MetroPlan Orlando, to Chairman Robert Dallari RE: Advising that appointee Kendra Cassell, CAC Representative, has missed 3 consecutive meetings of the Citizens Advisory Committee (CAC).

 

4.      Letter dated September 15, 2014, from Roderick Henderson, The Foundation for Seminole County Public Schools, to Board of County Commissioners RE: Appreciation for donation of $2,100 to the Safe Harbor Program.

 

5.      Notice received September 22, 2014, from City of Longwood RE: Notice of Quasi-Judicial Public Hearing for Ordinance No. 14-2039.

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Constantine stated he believes Orange County has brought forward three different developments that will be on the southern border of Seminole County and on the east side of the Lake Pickett area and a lot of the citizens have concerns relating to that.  He said he would like to schedule a meeting with the applicant in the near future to discuss this issue.

     Chairman Dallari stated staff is monitoring this continuously and the property owners have not made official applications with Seminole County.  It is difficult for this County to voice their opinion until they see an official submittal.   Ms. Guillet stated staff can research this issue further and provide an update to the Board.  The Board can then decide what and how they want staff to get more engaged in this. 

-------

     Commissioner Constantine stated the Board discussed code enforcement issues with regard to golf courses.  He reiterated they are looking forward to new plans of action.

-------

     Commissioner Constantine stated he feels that the Board might want to start evaluating what they want to do to regulate energy centers.  Chairman Dallari stated this issue is being reviewed from a MetroPlan standpoint.

-------

     Commissioner Carey thanked her colleagues that she serves with on the Port Authority for reconsidering their budget. 

-------

     Motion by Commissioner Carey, seconded by Commissioner Horan to authorize the Chairman to execute a letter, as shown on page _______, to the St. Johns River Water Management District supporting the Regional Restoration Project on Lake Jesup by AquaFiber Technologies.

     Districts 1, 2, 3, 4 and 5 voted AYE.

COUNTY MANAGER’S REPORT

     No Report.

COUNTY ATTORNEY’S REPORT

     No Report.

-------

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 6:13 p.m., this same date.

 

ATTEST:______________________Clerk_____________________Chairman

er