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