BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 9, 2016
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, February 9, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court & Comptroller Maryanne Morse (late)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Commissioner Robert Dallari (District 1)
Father Gilbert Medina, All Souls Catholic Church, Sanford, gave the Invocation. Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for Kemco Industries was presented.
Clerk of the Court Maryanne Morse entered the meeting at this time.
AWARDS & PRESENTATIONS
Agenda Item #1 – A-1780-16
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt a Proclamation declaring the month of February 2016, as Black History Month in Seminole County.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Carey requested that additional copies of this Proclamation be signed by the Chairman and the Clerk because there are several of the African-American clubs in town that would like to have a copy of the Proclamation for some of the events that are coming up.
Commissioner Constantine questioned whether they can technically change something in the Proclamation. He pointed out that the Proclamation says “Civil War and Emancipations in 1861.” The Emancipation, as they all know, was in 1863. Chairman Horan agreed the Scrivener’s mistake should be corrected. Commissioner Constantine suggested that the dates for the Civil War and Emancipation should be 1861 to 1865. Chairman Horan asked if there were any objections to that clarification. No objections were voiced.
Ellen Parcel, President and CEO of Heart to Heart Community Care Organization, addressed the Board to thank them for putting the Heart to Heart Agreement, Item #3, on the agenda. Commissioner Carey stated she believes the County has had a great partnership over the years with Heart to Heart. She thinks this agreement will help with the battle against homelessness. Commissioner Constantine thanked Ms. Parcel for her service.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, advised that Item #10, Symetra Insurance Renewal, was being pulled from the agenda and will come back to the Board on February 23. She pointed out there was a last minute revision to Item #15, Code Enforcement Special Magistrate Services. Staff was able to negotiate the $165 rate to $155.
With regard to public participation, no one else in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
Community Assistance Division
2. Approve the Chairman to authorize the Mutual Termination of the Seminole County/Christian Sharing Center Homeless Prevention Program Subrecipient Agreement. (A-1650-16)
3. Approve and authorize the Chairman to execute the Heart to Heart, A Community Home Care Agreement and reallocate $70,000 from the Seminole County Homeless Prevention Program (SCHPP) to implement Operation NEW START Rapid Rehousing Program to provide rental assistance for homeless families with children. (A-1649-16)
Greenways & Natural Lands Division
4. Approve and authorize the Chairman to execute a Partnership Agreement with the Florida Department of Agriculture and Consumer Services, Florida Forest Service, for management of timber harvest contracts on county properties. (A-1749-16)
Tourism Development Division
5. Approve and authorize the Chairman to execute an Agreement with Florida Half Century Amateur Softball Association, Inc. in the amount of $22,498.70 for the four Florida Half-Century Senior Softball Tournaments to be held February 13-14, March 19-20, July 16-17, and September 24-25, 2016 at various facilities throughout Seminole County. (A-1756-16)
6. Approve and authorize the Chairman to execute an Agreement with Southeast Premier Water Polo Club, Inc. in the amount of $6,500 for the 2016 Southeast Premier Winter Series Water Polo Tournament at Lake Brantley High School. (A-1755-16)
7. Approve and authorize the Chairman to execute an Agreement with University Athletic Association (UAA) in the amount of $5,775 for the 2016 UAA Men’s and Women’s Collegiate Tennis Championships to be held April 21-24, 2016 at Sanlando Park. (A-1729-16)
8. Approve and authorize the Chairman to execute, for acceptance, a Sidewalk Easement donated by Spring Valley Farms Community Association, Inc. to Seminole County for the construction and maintenance of a sidewalk along a portion of Spring Valley Road. (A-1732-16)
9. Approve and authorize the Chairman to execute an Agreement of Purchase and Sale of Mitigation Credits in the amount of $2,000 for the United States Army Corps of Engineers (USACE) Permit for the Howell Creek Erosion Control Project; and authorize staff to execute the associated USACE Permit. (A-1708-16)
10. Pulled from the Agenda request to approve the current rates for Symetra Insurance Renewal, Seminole County's Stop-Loss insurance provider as updated and provided by Symetra for the period January 1, 2016 to December 31, 2016. Stop-Loss insurance provides protection for a self-funded plan in the event that actual claims for a group exceed planned, budgeted claims. Rates are based upon prior year experience. (A-1745-16)
11. Approve and authorize the Chairman to execute a Restated Subrecipient Agreement with the 18th Judicial Circuit Court, State Attorney and Public Defender for the operation of the Adult Drug Court Discretionary Grant Program, Veterans Treatment Court Implementation awarded to Seminole County by the Department of Justice. (A-1738-16)
Budget and Fiscal Management Division
12. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-23 implementing Budget Amendment Request (BAR) #16-026 through the Water and Sewer Capital Improvement Fund to reallocate funding in the amount of $450,000 for the Minor Roads Utility Upgrades-Potable Water Project. (A-1746-16)
13. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-24 implementing Budget Amendment Request (BAR) #16-028 through various funds in the amount of $6,407,223 to carryforward available grant balances from FY 2014/15 to FY 2015/16. (A-1751-16)
14. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-25 implementing Budget Amendment Request (BAR) #16-029 through the General Fund in the amount of $11,511 to accept the VOTE Program grant award from the Department of State, Division of Elections to assist in satisfying accessibility requirements at voting locations for individuals with disabilities. (A-1764-16)
Purchasing & Contracts Division
15. Award RFP-602434-15/BJC, Code Enforcement Special Magistrate Services Agreement to Stenstrom, McIntosh, Colbert & Whigham, P.A., Lake Mary, at a hourly rate of $155; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-1739-16)
16. Award RFP-602439-15/TLR, Term Contract for Physician Services related to Seminole County Fire/Rescue to Life Extension Clinics, Inc. d/b/a Life Scan Wellness Centers, Tampa; and authorize the Purchasing & Contracts Division to execute the Agreement. The estimated annual budgeted amount is $161,000. (A-1761-16)
17. Approve Work Order #8 under PS-0009-15/RTB, Bear Lake, Little Bear Lake, and Bear Lake Road Regional Stormwater Facility (MSA for Design Services of Minor Projects with Construction Costs Less Than $2,000,000) with Pegasus Engineering, Inc., of Winter Springs, in the amount of $124,388.84; and authorize the Purchasing & Contracts Division to execute the Work Order. (A-1752-16)
Districts 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the following:
18. Approve Expenditure Approval Lists dated January 11 & 19, 2016; Payroll Approval List dated January 14,2016; Clerk's "Received and Filed" is for information only. (A-1785-16)
Districts 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Pet Rescue Cooperative Service Agreements with Rhodesian Ridgeback Rescue, Inc.; Wanda Cares, Inc.; and Bratpack Rescue, Inc.
2. Fourth Amendment to IFB-601516-12, Term Contract with Midwest Medical Supply Co., LLC.
3. Sixth Amendment to IFB-601656-13, Term Contract with Bound Tree Medical, LLC.
4. Development Order #15-27500049, Alcoholic Beverage License, Wal-Mart, 825 Casa Verde Boulevard, M&M Casa Verde, LLC.
5. Addendum #3 to the Third Revised and Restated Final Development Plan, Developer’s Commitment Agreement #15-20500024, NW Oregon PD, Westwood Village Shopping Center; Pop Florida Properties, LLC.
6. Conditional Utility Agreement for water, wastewater, or reclaimed water services with Meritage Homes of Florida, Inc. for the project known as Somerset at Sanford Farms.
7. Maintenance Bond #58732478 for water and sewer facilities for the project known as Aloma Trails in the amount of $20,270.46.
8. Maintenance Bond #016068246 for water and sewer facilities for the project known as AutoZone Stores, LLC in the amount of $1,834.
9. Maintenance Bond #09201449 for water and sewer facilities for the project known as Wal-Mart Stores East, LP d/b/a Store 525 in the amount of $1,983.26.
10. Florida Public Service Commission (FPSC) Consummating Order regarding Joint Petition for approval to implement gas reliability infrastructure program (GRIP) for Florida Public Utilities Company-Fort Meade and approval of GRIP cost recovery factors by Florida Public Utilities Company, Florida Public Utilities Company-Fort Meade, and the Florida Division of Chesapeake Utilities Corporation; Docket #00264-16; Order #PSC-15-0578-TRF-GU issued on December 21, 2015.
11. Consent and Joinder to Plat Dedication for Tierra Verde Preserve, a replat of Secluded Lake Estates.
12. Audit Report No. 011416 from the Clerk of the Circuit Court & Comptroller for Limited Review of Board of County Commissioners Uniform Allowance Procedures.
13. Landfill Escrow Agreement with Florida Department of Environmental Protection Closure/Long-Term Care Cost Liability Account, Seminole County Landfill.
14. Unauthorized Commitments Memo dated January 13, 2016, from Carol Hunter to County Manager re: P-Card usage, Justification for Processing Payment to Signarama.
15. Letter to County Commission Records from David Johnson, Property Appraiser’s Office, requesting a copy of ordinances relating to zoning changes for 2015.
16. Change Order #1 to CC-0381-15 with Affordable Development.
17. Amendment #2 to Work Order #74 to PS-4388-09 with Pegasus Engineering, LLC.
18. Amendment #5 to Work Order #9 to PS-5140-03 with URS Corporation Southern.
19. Work Order #40 to PS-8047-12 with Ardaman & Associates, Inc.
20. Work Order #21 to PS-8286-13 with Kittelson & Associates, Inc.
21. Amendment #1 to Work Order #3 to PS-8595-13 with Atkins North America, Inc.
22. Amendment #2 to Work Order #1 to RFP-8721-13 with VHB MillerSellen.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the following:
19. Approve a contribution of $6,000 from the Sheriff's Law Enforcement Trust Fund to provide funding in support of "Project Graduation - 2016", an alcohol and drug-free celebration for Seminole County High Schools on graduation night. (A-1760-16)
20. Approve a contribution of $5,000 from the Law Enforcement Trust Fund to provide funding in support of Mothers Against Drunk Driving (MADD). (A-1735-16)
21. Approve an expenditure of $5,000 from the Law Enforcement Trust Fund to provide funding in support of the United Negro College Fund. (A-1763-16)
22. Approve a contribution of $4,000 from the Law Enforcement Trust Fund to provide funding in support of scholarship programs sponsored by the Rotary Clubs of Seminole County South and Winter Springs. (A-1794-16)
23. Approve a contribution of $1,000 from the Law Enforcement Trust Fund to contribute to the Florida Crime Prevention Association, Inc. (A-1793-16)
Districts 2, 3, 4 and 5 voted AYE.
The Board recessed the meeting at 9:46 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Maryanne Morse who was absent, and Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 2, 3, 4 and 5 voted AYE.
Agenda Item #24 – PH-2016-281
Proof of publication calling for a public hearing to consider approval of a proposed Ordinance amending Seminole County Code, Section 74.3, in regard to Ethics, received and filed.
County Attorney Bryant Applegate presented the item stating the Ordinance amends Section 74.3 of the Seminole County Code in addition to cleaning up some old language to allow members of the Seminole County Board of Adjustment and the Planning & Zoning Commission to represent clients before municipal agencies. He advised there is no prohibition in the Florida Ethics Code, and he read from the Preamble to the Florida Code of Ethics and the Florida Statutes.
With regard to public participation, no one in the audience spoke in support or in opposition.
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt and authorize the Chairman to execute Ordinance #2016-6 amending Seminole County Code, Section 74.3 in regard to Ethics, as described in the proof of publication.
Commissioner Carey explained there was a Charter Amendment a number of years ago that prohibited any County Commissioner or any County employee from lobbying anyone within a municipality in the seven cities. That is not being changed; however, somehow the P&Z board members, who are volunteers from the community, and the Board of Adjustment got wrapped up into that. Chairman Horan added the purpose of the amendment is so good and competent people in the public are not unreasonably prohibited from serving on advisory boards and otherwise participating as good public citizens.
Districts 2, 3, 4 and 5 voted AYE.
Agenda Item #25 – PH-2016-282
Proof of publication calling for a public hearing to consider approval of a proposed Ordinance prohibiting any person or entity to engage in any oil and gas exploration that uses well stimulation, received and filed.
County Attorney Bryant Applegate presented the item and explained it bans all forms of well stimulation, which includes hydraulic fracturing and matrix stimulation, in Seminole County and in any area that would impact the ground beneath Seminole County.
Steve Edmonds, 1022 Vannessa Drive, addressed the Board to state he is speaking in support of the Ordinance and he is against fracking in the entire State of Florida. He opined this is a practice that is a gain for very few at the expense of many. He added they need to be cognizant of their water resources and the environmental impacts this practice could potentially have on the limestone that houses the aquifer. The amount of reserves in the State of Florida would not affect the price at the pump at all. There are no reserves in Seminole County, but he believes a message should be sent to Tallahassee that this is not acceptable from the County or the citizens. He commented that Tallahassee telling Seminole County that they cannot make a decision for their own wellbeing and their own good is something he hopes this Board is firmly against, which is exactly what is occurring in Tallahassee right now with SB 318. He said this statement to Tallahassee is not only in support of protecting their water for the entire State of Florida, it is in support of protecting the rights of County citizens and their sovereignty within the County. He urged the Commissioners to support the Ordinance and vote in favor of it.
Chuck O’Neal, 2329 Park Village Place, addressed the Board and stated he is in favor of the Ordinance. He opined it is a well-written and far-reaching ordinance that exceeds his expectations and the expectations of people who oppose fracking in the state. He stated that one of the dangerous things about fracking is that it can bore tunnels and holes through coarse geology into pockets and free up oil in small pockets that are not financially feasible to be drilled in conventional means, and once the high pressure pockets of oil are opened up, the oil can get out through fissures, cracks and conduits and into the lower aquifer. He mentioned the Deepwater Horizon incident in the Gulf of Mexico and asked the Board to imagine a similar incident underneath, for example, Wekiva Springs. He questioned how a leak would be stopped and how they would stop oil from shooting up through a thousand different cracks and fissures underneath Seminole County. He stated the prospect of that happening is nightmarish. He commended the Commission on their foresight in regard to the Ordinance which also defends home rule within the County.
Judith Benson, 109 Prevado Court, addressed the Board to speak in favor of the Ordinance banning fracking. She advised that before coming to Florida, she was a consultant and sales person in environmental monitoring drilling. In Florida, she has dealt with water management districts along with several local hydro geologists. When she spoke with them about fracking concerns six years ago, they stated it would never happen in Florida. Ms. Benson stated the only other area in the United States with the same type of limestone bed is Texas. They are drilling there and are having a lot of issues, but they have not released the documentation on this type of drilling in limestone. She added as a citizen, she appreciates the quality of the Ordinance that has been written.
H. Alexander Duncan, P.O. Box 620092, Oviedo, addressed the Board to state he is in favor of the Ordinance and also thinks it is very well written. He added he wishes it had been brought up a year earlier because he feels that this Board is leading from behind Orlando and Orange County because they already voted on it and now Seminole County is voting on it. Also, the Soil & Water Conservation District voted on it last year. He expressed they have a lot of things they can do with their natural environment besides worrying about businesses wanting to frack and they do hear about businesses a lot when it comes to decisions made for the wellbeing of the County. He noted that business interests are not always in the best interest of the citizens, whether it is from a tourism slogan or whether it is through the environment. He hopes that each Commissioner will vote in favor of the Ordinance and also start taking the lead within the County on important issues like this in the future.
Commissioner Constantine explained that he has been supportive of this for a long time and he went to the County Manager regarding this before Orange and Lake Counties adopted their resolutions. What Seminole County is proposing is an actual ban; the other counties only have a Resolution against it and there is a big difference between the two. He asked that Mr. Duncan not worry about this Commission leading from behind because this Commission is leading from the front.
Commissioner Carey commented that there was a time when they had a very close working relationship with Seminole Soil & Water; they partnered with them to do a lot of great environmental things. She stated she has not heard from the Seminole Soil & Water people for a number of years with the exception of the activity that goes on in Keep Seminole Beautiful, which has been kept alive through Mary Sue Weinaug’s efforts and others at Wekiva. Therefore, she encouraged anyone who serves on the Soil & Water Board, whose members are elected by the public as well, to communicate any concerns to the Commission because if they are not communicating with them, this Board has no way of knowing some of the advanced things they may know about. She believes it would be in everyone’s benefit for the Soil & Water Board to work closer with the County.
Commissioner Constantine agreed with Commissioner Carey and stated that Judith Benson, who spoke earlier, requested that the Soil & Water Board be made part of CALNO, and the members voted unanimously in favor of it.
Katrina Shadix, 995 Oklahoma Street, addressed the Board and thanked them for their leadership. She advised she spoke yesterday at Orlando City Hall and she had never seen such rude and condescending council members in her life, so she thanked the Commission today for always being professional. In addition, she thanked the Board for their leadership in passing the Bear Management Ordinance. She is in support of the Ordinance to ban fracking. She explained her cousin has cattle on 200 acres in Geneva and he is very concerned about fracking contaminating the well that he uses to water all the cows. She listed all the countries and states that have fracking bans and stated that 30 counties and 42 cities have passed resolutions to ban fracking in Florida. She added that Seminole County is going one step further in passing an actual ban. She concluded stating she is proud of Seminole County and proud that this Commission represents the people.
Eric Rollings, 139 E. Muriel Street, addressed the Board and advised he is the Chair of the Soil & Water Conservation District in Orange County. He thanked the Commission for considering the Ordinance and said he hopes they will join the other 30 counties and 42 cities that want to preserve their own environment, and above all, protect home rule. He complimented the attorney that wrote the Ordinance and said it is really well written. He advised that there are two other municipalities that also have ordinances and they are Coconut Creek and Estero.
Mr. Rollings noted that Tallahassee does not want to listen to the issue of home rule. He said their argument is always about a patchwork quilt of regulation ordinances, but isn’t that why they have 67 counties and 50 states. He asked that the Commission protect Seminole County and their future, and vote yes on this Ordinance.
Mr. Rollings stated he read that the DEP is considering doubling the amount of benzene that is allowed in drinking water. He opined that that would really help the fracking companies bring into compliance what the water quality tests will show and he thought it was pretty shocking.
Lisa Ray, 1608 Margate Avenue, addressed the Board and read a quote by Devon Vann, a columnist, “But when I see the Florida Legislature showing less regard for my home than a tourist, I cannot abide.” She expressed her concern about the legislation that is moving through the state legislative committees, HB 191 and SB 318. These bills would open the door to an industry that has the potential to contaminate the fresh water supply, drive away tourists, devalue property, and endanger the health of the citizens. She stated her focus is on the loss of local regulations of the fracking industry and taxpayer risk; and if these bills pass as written, they will be unable to stop or regulate fracking in Seminole County. The roads will be affected by thousands of trucks hauling toxic chemicals to and from well sites. She talked about first responders and the chemicals they will encounter if they are called to a well fire or a toxic spill, and about the health and safety of citizens that would live near fracking wells.
Ms. Ray stated that this decision should rest with the Commission and not with an isolated, regulated agency in Tallahassee. Proponents of the bill may say that some regulation is better than none, but she disagrees because they have seen that over and over even with regulation, accidents occur, and petroleum industry accidents have a devastating effect on the environment, water supplies, and tourism costing billions to clean up the damage. With fracking, one toxic waste spill could contaminate millions of gallons of fresh water in the aquifer and she questioned who would pay for the cleanup, the local government and ultimately the taxpayer, the local water utility, or the State Department of Environmental Protection. She added the fracking company can file bankruptcy and just leave the State. She asked that the Commission join elected officials of over 70 cities and counties representing over 50% of the state’s population that do not want fracking and adopt the Ordinance.
Don Kon, 215 Albrighton Court, addressed the Board to thank them for everything they are doing in passing the ban on fracking and for the bear resistant trash can ordinance. He explained he moved to Florida from Pennsylvania and his parents had a well, which was the cleanest water to drink and cook with. In the past 10 years, they need to filter their water three or four times to get it to the point that it doesn’t taste like oil or chemicals.
Mr. Kon said he was in a fracking meeting a couple of months ago and advised there are pilot wells that have been drilled from the 1940’s and 1950’s just sitting there unplugged. The petroleum industry would not cap them or fill them.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Speaker Request Forms were received and filed.
Commissioner Carey indicated her anger in that they have to put laws on the books to keep the people in Tallahassee from doing things that are not best for the community. She added they have about $23 million worth of unfunded mandates that they currently provide the funding for out of tax dollars for rules that have been passed in Tallahassee. She opined that they have to continue to speak out to the State Legislators and national leaders to make sure that their voice is heard. She stated she is in support of the Ordinance and she thinks it was well written by the County Attorney’s Office.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance #2016-7 prohibiting any person or entity to engage in any oil and gas exploration that uses well stimulation, as described in the proof of publication.
Commissioner Constantine revised the motion to include the revision received today which adds “well stimulation includes hydraulic fracturing and matrix stimulation,” to which the seconder agreed.
Commissioner Henley pointed out that they did not include authorization for the Chairman to execute the Ordinance. Therefore, Commissioner Constantine again revised the motion to add “and authorize the Chairman to execute” the Ordinance, to which the seconder agreed.
Districts 2, 3, 4 and 5 voted AYE.
LUKAS LANDING REZONE
Agenda Item #26 – PH-2016-266
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 55-lot, single-family residential subdivision on approximately 14.5 acres, located on the east side of SR 426, approximately 400 feet south of Duda Road, Raymond Harrison, Applicant, received and filed.
Brian Walker, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. He explained the Applicant is proposing to develop the subject property as a single-family residential subdivision with a maximum net density of 3.99 dwelling units per net buildable acre for a maximum of 55 residential lots with a minimum lot size of 5,000 square feet. He advised the Planning & Zoning Commission recommends approval and staff also recommends adoption of the Ordinance.
Commissioner Carey confirmed with Mr. Walker that the access to this property is all on SR 426.
Charlie Madden, Madden Moorehead and Glunt, addressed the Board to state he is in agreement with staff’s recommendation and would like the opportunity to respond to any citizens comments.
Jane Postava (phonetic) addressed the Board to state she owns the property that is across East Red Bug Road from the proposed site, which is immediately to the south, and she pointed out the location on an aerial photograph. She inquired about traffic and access to the property. She also indicated where the highlands drain to a swampy area and wanted to know if they plan to leave that as a retention area.
Mr. Madden reiterated that the entrance will be directly off of SR 426 so East Red Bug Road will not provide a separate access. Also, the low area will remain and the drainage will continue to that area after the project is completed. In regard to the traffic, Mr. Madden advised they did a traffic study and it was deemed there was adequate capacity.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Speaker Request Form was not received and filed.
Commissioner Constantine questioned what the plans are for the trees on the property. Mr. Madden stated that they will abide by the Seminole County Tree Ordinance. He added the lots are 50 feet and it can be challenging in the lot areas, but if there is a way to save some specimen trees there, they will certainly make that effort.
Commissioner Carey added that it is not hard to leave the tree canopy on the interior roads if possible. Mr. Madden agreed and advised that a lot of the opportunities to keep the trees are dictated by the type of soils. If they are able to grade the roads at an elevation that would allow it to be very close to the existing grade, there is an opportunity to save trees that are close to the road. The challenge will be how far down the ground water is and the amount of fill that may have to be put on the site in order to make it drain properly.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance #2016-8 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for 14.5 acres, located on the east side of SR 426, approximately 400 feet south of Duda Road, as described in the proof of publication; Raymond Harrison, Applicant; Development Order and Master Development Plan.
Districts 2, 3, 4 and 5 voted AYE.
Commissioner Carey submitted her ex parte communications into the record.
Meloney Lung, Assistant County Manager, addressed the Board to present the Legislative Update. She stated they are in the fifth week and budgets are expected to be released this week.
Commissioner Henley advised that Commissioner Dallari, who is in Washington, D.C. at the National Association of Regional Councils, called him at lunchtime today to tell him that the President just released his budget and that SunRail funding is in the budget. Chairman Horan explained that Phase 2 will take the rail to Kissimmee.
Chairman Horan mentioned he was in Tallahassee last week attending the Florida Association of Counties (FAC) conference. He stated there are presently 21 separate bills that are moving and active in the Legislature right now that deal with local preemption. He opined it seems to be an addiction with the Legislature because apparently it is easier for someone who has an issue to go directly to the Legislature rather than convince the local officials, who should have jurisdiction over land use and these matters, and he added is it frustrating.
Chairman Horan advised that Governor Scott gave a great presentation to FAC about economic development and economic growth, and there are a number of different economic indicators, but the anecdotal information is clear and that is companies located in Connecticut, Pennsylvania, Maryland, New Jersey and New York are fed up. GE is talking about moving out of Connecticut and they are looking at states like Florida where they have a high quality of life and investment in the infrastructure where they have low taxes. There was also a good presentation by Cissy Proctor, the new Department of Economic Opportunity Secretary, who reported that Florida is off the charts in terms of the state growth rate which is currently at 3.2%; Seminole County’s growth rate is 3.4%.
Chairman Horan pointed out two Submissions: the letter to Governor Scott regarding the Florida Turnpike Enterprise, and the Public Meeting Notice that FDOT will hold a meeting on February 11 from 5:00 to 7:00 p.m. at the Rural Heritage Center in Geneva on the SR 46 design project.
Chairman Horan announced the Oviedo High School Women’s Soccer Team won their 3rd State Championship in the last six years. Commissioner Constantine suggested they commend their achievement with a resolution. Chairman Horan agreed and said they could bring it back at the next meeting.
Chairman Horan stated that in pinch hitting for Commissioner Dallari, he attended the Central Florida Partnership Leadership Congress last week and there were presentations on a number of regional issues including the Sources of Capital Task Force, the International Business Task Force, a Work Force update, and the Transportation Task Force. He noted Mark Montgomery, President & CEO of Axium, gave a great presentation on the kinds of initiatives that can be activated in the region to open up access to capital and to leverage community bank support. There was also a great presentation by Mark Brewer concerning the homelessness issue in the region, and Mr. Brewer gave a “shout out” specifically to the Seminole County’s Task Force on Homelessness concerning the initiatives they are going through right now. He added that he gave a copy of a draft report from the Orange County Task Force to the County Manager. Upon inquiry by the Chairman, Commissioner Carey advised that their report should be coming out in late spring/early summer.
Chairman Horan brought up the issue of the Zika virus and stated there are now 14 confirmed travel-related cases in Florida. Flash reports have gone out from the County’s Emergency Management Center and the Health Department, and he asked that the Commissioners share those through their newsletters with their constituents. In addition, mosquito control staff has enhanced mosquito control measures for flood prone areas in the County. He questioned whether they want to enhance mosquito control spraying in the next year.
Commissioner Carey expressed that they should use a link on the County website to inform people of what they can do and through SGTV. She stated that mosquito control has been on a complaint-by-complaint basis. She added she would like to step up the website and SGTV information anytime they have an issue whether it is bear management, the Zika virus, or when it becomes fire season. Ms. Guillet reminded they have “Alert Seminole” and Commissioner Carey pointed out that if people are not signed up for that, they are not seeing the alerts. The Commissioner reiterated any current prominent issue should be added to the website for people to look to for information, and those can be linked to the information that the Board receives and additional State information, national information, and contact information for the Health Department. Commissioner Horan stated that her suggestion is an excellent one. Ms. Guillet advised the link for mosquito control is on the webpage but they will make it more prominent.
Chairman Horan stated that Inspire (formerly Seminole Work Opportunity Program – SWOP) has their own bill in the Legislature that is sponsored by Senator Simmons to fund their special project, the GROW project, and he asked the Board to support that to the extent they can.
Chairman Horan mentioned the economic forecasts they receive from the University of Florida and said he wanted to highlight the December report which is the Florida and Metro forecast from 2015 to 2018. He said Seminole County’s economic growth is growing at 3.4%, which is outpacing the State and the nation. When they passed the sales tax, the sales tax projections were conservatively estimated at 2% growth. It is now forecasted that they will be getting about $100 million more in revenue from the sales tax over the 10-year period. He then provided statistics from the report in regard to the Florida economy.
DISTRICT COMMISSIONERS REPORTS
Commissioner Henley indicated that last week at the LYNX Board of Directors meeting, the board authorized a contract with Krauthamer Associates to do a nationwide search to replace John Lewis who resigned to accept a similar position in Charlotte. He advised they have already received some applications that are being processed.
Commissioner Henley distributed copies of the LYNX Annual Report to the Commissioners and stated that LYNX is growing; they are transporting over 105,000 passengers each day.
Commissioner Carey reported the Orlando Sanford International Airport is doing well. Passengers are up 20% over January of last year; domestic traffic is up over 10% from last year and overall, they are up 12% over January of 2015. They advised they are getting ready to do an expansion at the airport and they are still talking to people about new opportunities at the corporate park out there. Mr. Roth from Hill Pharmaceuticals is looking to do a major expansion creating more jobs on the east side of the County. The airport is still growing in addition to the areas around the airport and that has been a long time coming.
Commissioner Carey advised she attended the Convergys ribbon cutting last week for the Chairman where there was a job announcement of over 150 new jobs to be added to Convergys on International Parkway, which is great news.
Commissioner Carey noted there was a letter (received and filed) sent to the Chairman’s Office that was circulated to the Board. She wanted to publicly recognize Ed Burford, Veterans Service Officer, for this commendation sent by William Jacobs, a Vietnam Veteran who served from 1964 to 1967. She read a portion of the letter that thanked Mr. Burford for his “sincere, unselfish dedication.”
In Commissioner Dallari’s absence, Chairman Horan reported that the Oviedo Hospital is scheduled to open in January 2017 and the CEO, Wendy Brandon, advised that it is on time. They will have 40,000 square feet of medical offices in addition to the 198,000 square feet for the Medical Center itself. It is expected to bring more than 200 jobs to that location.
Commissioner Constantine requested they do a Resolution for the Altamonte Women’s Club because on April 6, they will have the 70th anniversary of continuous service to their community and to Seminole County. The Board voiced no objections.
Commissioner Constantine advised that at the last meeting, the Board asked him to contact the Zoo concerning a work session to bring forth their long-term ideas and concepts for the Zoo property. He said they have contacted the County Manager in regard to that. Ms. Guillet noted they plan to have that in April.
Commissioner Constantine stated the County’s lobbyist in Tallahassee has asked him to speak to the Appropriations Chair in the Senate concerning their Juvenile Justice appropriations. He remarked that they are closer than they have ever been to potentially getting those dollars. He added he did speak to Senator Lee about that and hopes to see something positive happen there.
Commissioner Constantine noted he is the Chairman of the Florida Regional Planning Councils (RPC) and the Board of Directors gave him unanimous approval to negotiate with the Florida Association of Counties (FAC) to allow them to host the administrative responsibilities of the RPC in Tallahassee, which will save the RPC a great deal of money. In addition, it will help the FAC without any addition of staff on their end and a reduction of staff for the RPC.
Commissioner Constantine stated he believes everyone has heard about the Planning & Zoning board meeting where citizens in Lake Brantley voiced their concerns about the Klinger property of which there is a public hearing in March. He will be hosting a meeting on February 15 with some of the citizens and the developers to see if there is any common interest that they can find.
Commissioner Constantine reported he attended an event at St. Stephen’s Parish and had a wonderful time. He advised the MPO is meeting tomorrow and the MPO Disadvantaged is meeting on the 11th. Also, the Seminole State College Dream Auction is on the 13th.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated January 19, 2016, from Gene Varano, P.E., FDOT Project Manager, to Seminole County RE: design project meeting to be held on February 11, 2016, from 5:00 to 7:00 p.m., Rural Heritage Center, Geneva 46 design project from SR-415 to east of Lake Proctor Court and into the Geneva community.
2. Letter dated January 19, 2016, from Buddy Dyer, Chairman of the Central Florida Commuter Rail Commission, to Chairman Horan RE: SunRail presentation by FDOT District 5 Secretary Noranne Downs available for scheduling.
3. Letter dated January 25, 2016, from Marva Johnson of Bright House Networks, to Chairman Horan RE: upcoming changes to their cable programming lineup.
4. Copy of a letter dated January 26, 2016, from Chairman Horan to Governor Rick Scott RE: the Florida Turnpike Enterprise (FTE) SR 417 Express Lanes Project.
5. Copy of a letter dated January 27, 2016, from Chairman Horan to David Axel RE: nomination to the Oviedo Community Redevelopment Agency (CRA).
6. Copy of a letter dated January 27, 2016, from Chairman Horan to Tim Slattery RE: nomination to the Oviedo Community Redevelopment Agency (CRA).
7. Public Meeting Notice from FDOT RE: meeting to be held on February 11, 2016, from 5:00 to 7:00 p.m., Rural Heritage Center, Geneva, RE: SR 46 design project from SR 415 to east of Lake Proctor Court and into the Geneva community.
8. Letter dated January 29, 2016, to Board Members from Harry Barley, MetroPlan Orlando Executive Director, RE: significant changes from 1990 to 2015.
9. Letter dated January 29, 2016, from the City of Oviedo to Seminole County RE: public hearing to be held on February 9, 2016, at 6:30 p.m., City of Oviedo City Council Chambers, regarding zoning designation change to Parcel #11-21-31-508-0200-0050.
10. Letter dated January 29, 2016, from Wayne J. Hunicke, Board of Directors President, Sabal Point Community Services Association, to Chairman Horan RE: support for the Sabal Point Golf Course rezoning application.
11. Copy of a letter dated February 3, 2016, from Alison M. Yurko, P.A., to Seminole County BOCC, Attention: Kathy Hammel, Planning & Development Division, RE: appeal hearing request regarding a special exception for a proposed cell tower, First Baptist Church of Sweetwater, 3800 Wekiva Springs Road, BOA hearing (BS2015-19) held January 25, 2016.
ITEMS FOR FUTURE AGENDA
Judith Benson, 109 Pravado Court, addressed the Board and stated she is the Chair of the Seminole Soil & Water Conservation District. She thanked Commissioner Carey and agreed that they have not been communicating with the BCC; it is something she would like to change. They are now part of CALNO and hoping to be provided voting privileges as a CALNO member.
Ms. Benson stated she is interested in speaking about the topic of backyard chickens. She has found that it is somewhat wide reaching in the County. She knows that one of the Commissioners at least has asked staff to gather some information. She would like to collaborate on that and bring this to a future agenda item and discussion. Commissioner Carey stated she believes the County Manager is looking at some various ordinances around other jurisdictions. She commented that a lot of people have a huge interest in having chickens and there are ways to have chickens in urban settings with the right set of rules.
Ms. Guillet explained that they are researching what other places have done with respect to pilot programs. They are also talking with the FWC because of the bear issue and other predatory animals in the county. They want to ensure that anything they move forward with does not cross purposes with what they are trying to achieve.
Ms. Benson advised she also contacted the Florida Department of Agriculture and Consumer Services, which they are an arm of through Seminole Soil & Water, and they are quite the proponent of this. She said she understands that not every property in Seminole County should be considered. Commissioner Carey remarked that they would only be looking at unincorporated Seminole County; if the seven cities want to adopt an ordinance, they have a right to do that. She added they are in the process of doing that research now.
Speaker Request Form was received and filed.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:00 p.m., this same date.