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.
Present:
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
Absent:
Commissioner Robert Dallari (District 1)
Father Gilbert Medina, All Souls Catholic Church,
Sanford, gave the Invocation. Commissioner
Constantine led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
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.
PUBLIC
PARTICIPATION
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
Services
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)
Leisure
Services
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)
Public
Works
Engineering
Division
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)
Resource
Management
Business
Office
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
Clerk’s Office
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.
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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.
Sheriff’s
Office
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.
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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.
PUBLIC HEARINGS
ETHICS ORDINANCE
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.
FRACKING ORDINANCE
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.
LEGISLATIVE UPDATE
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’S REPORT
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.
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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.
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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.
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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.
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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.
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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
District 4
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.
District 5
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.
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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.
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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.”
District 1
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.
District 3
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.
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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.
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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.
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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.
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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.
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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.
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There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 3:00 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
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