BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 23, 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
23, 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 Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court and Comptroller Maryanne
Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Kyla Spencer
Commissioner Henley gave the Invocation. Commissioner Carey led the Pledge of
Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Herzing University was presented.
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Chairman Horan recessed the meeting of the Board of County
Commissioners at 9:37 a.m., and convened as the U.S. Highway 17-92 Community
Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #1 – A-1710-16
Sonia
Fonseca, CRA Program Manager, addressed the Board to present the request as
outlined in the agenda memorandum.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and
authorize the Chairman to execute appropriate Resolution #2016-R-26
implementing FY 2015/2016 Budget Amendment Request (BAR) #16-036 for the 17-92
CRA Fund in the amount of $3,287,498 to carry forward project balances totaling
$3,072,573 from FY 2014/2015 to FY 2015/2016; and to appropriate $214,925 in
fund balance revenue from closed project savings to the FY 2015/2016 Reserve
for government assistance.
Districts 1,
2, 3, 4 and 5 voted AYE.
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Chairman
Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment
Agency at 9:39 a.m., and reconvened as the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
Nicole
Guillet, County Manager, advised there is an Add-on, Item #1A, which involves
ratification of an agreement for Information Technology Consulting Services.
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With regard
to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to authorize and approve the following:
County Manager’s Office
Business Office
1A. Approval to waive
Section 3.5513 of the Seminole County Administrative Code, ratify the
Information Technology Consulting Services Agreement (entitled Employment
Agreement) dated January 4, 2016 and related scope of services with Donald
Kahrs, and authorize the processing of all invoices for payment thereunder. (A-1871-16)
Community
Services
Community
Assistance Division
2. Approve and
authorize the Chairman to execute appropriate Resolution #2016-R-27 to amend
Section 12.5 Burials and Cremations of the Seminole County Administrative
Code. (A-1829-16)
Community
Development Division
3. Adopt appropriate
Resolution #2016-R-28 approving the three-year SHIP Local Housing Assistance
Plan (LHAP) for program years 2016/2017, 2017/2018, 2018/2019, reaffirming
authorization of administrative expense funding to an amount not more than 10%
of Seminole County's distribution, and authorizing staff to submit the LHAP and
any additional requirements to the Florida Housing Finance Corporation (FHFC)
for review and approval. (A-1832-16)
4. Approve and
accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and
properties acquired by Seminole County Government. (A-1830-16)
Development
Services
Building
Division
5. Authorize
the Release of the Determination of a Public Nuisance for the structure located
at 2751 Howell Branch Road, Winter Park; require payment of the administrative
costs in the amount of $1,705.97; and upon payment in full, authorize Chairman
to execute the Release of Public Nuisance Determination. (A-1748-16)
Planning
& Development Division
6. Approve the
plat for the Exchange at Savannah Park subdivision containing seven (7) lots on
9.62 acres zoned PD (Planned Development), located on the west side of
International Parkway, between Wilson Road and Wayside Drive; Jim Quartel,
Applicant. (A-1792-16)
Leisure
Services
Tourism Development Division
7. Approve and authorize the Chairman to execute
an Agreement with Athletx LLC, in the amount of $25,000 for the Youth Baseball
and Youth Softball Nationals to take place June 25-30, 2016, at the Seminole
County Sports Complex. (A-1825-16)
8. Approve and authorize the Chairman to execute
an Agreement with Athletx LLC, in the amount of $25,000 for the Youth Baseball
Nationals to take place July 2-7 2016, at the Seminole County Sports
Complex. (A-1826-16)
Public
Works
Business
Office
9. Approve and
authorize the Chairman to execute appropriate Resolution #2016-R-29 accepting a
Drainage Easement for property interest needed for the Salt Creek Restoration
and Water Quality Treatment Project located at 3703 Van Arsdale Street. (A-1768-16)
Resource
Management
Business
Office
10. Approve
the updated rates for Symetra, Seminole County's Stop-Loss insurance provider
as updated and provided by Symetra for the period January 1, 2016, to December
31, 2016. (A-1745-16)
Budget
and Fiscal Management Division
11. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-30
implementing the Budget Amendment Request (BAR) #16-030 through the General
Fund in the amount of $20,797 to recognize revenue received from the Chase
Settlement Grant and appropriate funding to support the CSBG Family
Self-Sufficiency Program. (A-1771-16)
12. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-31
implementing Budget Amendment Request (BAR) #16-031 in the amount of $684,000
through the Economic Development Fund to carry forward the Job Growth Incentive
(JGI) and Qualified Target Industry (QTI) unexpended project funds from the FY
2014/2015 Budget to the FY 2015/2016 Budget.
(A-1801-16)
13. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-32
implementing Budget Amendment Request (BAR) #16-032 through the General Fund in
the amount of $6,660 for the
appropriation of insurance claim reimbursement funds and the repair of damages
at the Seminole County Softball Complex.
(A-1803-16)
14. Approve
and authorize the Chairman to execute appropriate Resolution #2016-R-33
implementing Budget Amendment Request (BAR) #16-034 through the General Fund to
appropriate budget of $72,701 from Reserves for the purchase of bear resistant
trash cans at various parks located within the Seminole County Urban Bear
Management Designated Area. (A-1811-16)
Purchasing
& Contracts Division
15. Approve
the Single Source Procurement SS-602515-16/ESN for Handtevy Pediatric
Resuscitation Systems, with Pediatric Emergency Standards, Inc., Davie; and
authorize the Purchasing and Contracts Division to issue a Purchase Order in
the initial amount of $78,132.25 and Annual Purchase Orders for software support
in the amount of $295 per year plus an annual increase of not-to-exceed the
greater of CPI or 5% per year. (A-1823-16)
16. Approve Amendment
#2 to Work Order #13 under PS-8148-12, MSA for Construction Engineering and Inspection
Services, for Oranole Road Erosion Control with Atkins North America, Inc. of
Orlando in the amount of $90,448.64; and authorize the Purchasing and Contracts
Division to execute the Work Order Amendment.
(A-1807-16)
Districts
1, 2, 3, 4 and 5 voted AYE.
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Commissioner
Dallari stated in regard to Item #12, when the Board approves a company for
Economic Development, there has to be a lot of checks and balances. One of the biggest checks and balances that
the Board has always moved forward with was at the Department of Economic
Operations in Tallahassee where they validate everything for all the
projects. The Board received letters
from Tallahassee confirming that some of the projects did not perform well, so
that money does not become available to those corporations. Commissioner Dallari noted that those letters
are available to the public, that the checks and balances are in place, and
that Seminole County follows through with verifying whether the commitments are
done or not done.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Clerk’s Office
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
17. Approve Expenditure Approval Lists dated
January 25 and February 1, 2016; Payroll Approval List dated January 28, 2016;
and the BCC Official Minutes dated January 12, 2016. (A-1819-16)
Districts 1, 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 Patty’s Parrot Palace, Inc.; American Belgian Malinois Rescue;
Suncoast Basset Rescue, Inc.; and Orlando Bully Rescue.
2.
Parks Contract for Services
Agreement with Roberto Martinez.
3.
Eleventh Amendment to RFP-600006-06
with Cato Environmental Services, Inc.
4.
Fifth Amendment to IFB-601110-11,
Term Contract with Space Coast Fire and Safety, Inc.
5.
Eighth Amendment to IFB-601516-12,
Term Contract with Bound Tree Medical, LLC.
6.
Development Order #15-27500021 for
Alcoholic Beverage License for El Paso Mexican Grill, Tin W. Wong, 4520 West SR
46.
7.
Work Order #1 to PS-0033-15 with
Architectural Design Collaborative, Inc.
8.
Amendment #8 to Work Order #42 to
PS-4388-09 with HNTB Corporation.
9.
Work Order #10 to PS-6658-11 with
S2LI, Inc.
10.
Work Order #15 to PS-8072-12 with
Albeck Gerken, Inc.
11.
Amendment #1 to Work Order #37 to
PS-8148-12 with Parsons Brinckerhoff, Inc.
12.
Work Order #26 to PS-8186-13 with
Reiss Engineering, Inc.
13.
Closeout to CC-8548-13 with Conpilog
International Company.
14.
Work Order #1 to PS-9351-14 with
CPH, Inc.
15.
Change Order #2 to CC-9650-14 with
Eclipse Construction.
16.
Subrecipient Agreement with Homeless
Services Network of Central Florida for Program Year 2015-2016.
17.
Community Services Block Grant
(CSBG) Funding Agreement with City of Sanford for Fiscal Year 2015-2016.
18.
Florida Public Service Commission
(FPSC) Order Approving Revisions To Tariffs regarding Petition to approve
revisions to Tariff Sheets Nos. 6.2811, 6.282, and 6.284 Rate Schedule LS-1,
Lighting Service, by Duke Energy Florida, LLC; Docket #150242-EI; Order
#PSC-16-0040-TRF-EI issued on January 25, 2016.
19.
Maintenance Bond #SU1133491 for
Right-of-Way Utilization Permit for the project known as L&L Acres in the
amount of $56,945.62.
20.
Maintenance Bond #CMS0281398 for
Right-of-Way Utilization Permit for the project known as Preserve at Lake
Sylvan in the amount of $1,955.46.
21.
Maintenance Bond #2203223 for
Right-of-Way Utilization Permit for the project known as Wal-Mart #525 in the
amount of $7,383.50.
22.
Maintenance Bond #CMS0281400 for a
private road for the project known as Preserve at Lake Sylvan in the amount of
$104,829.82.
23.
Maintenance Bond #SU1133554 for
Right-of-Way Permit for the project known as Southern Oaks in the amount of $20,901.77.
Sheriff’s Office
Motion by Commissioner Dallari, seconded by Commissioner Carey, to
approve the following:
18. Approve the expenditure of $50,000 from the
Law Enforcement Trust Fund to provide for a contribution to the Central Florida
Council, Boy Scouts of America. (A-1844-16)
19. Approve and authorize the Sheriff to submit an
application and receive funding on behalf of Seminole County Government for the
Department of Health and Human Services Substance Abuse and Mental Health
Services Administration's (SAMHSA) 2016 Continuation System of Care (SOC)
Expansion Grant (Year 1 Awarded in 2015/Grant SM-15-009) in the amount of $1
million. (A-1841-16)
20. Approve the expenditure of $25,000 from the
Law Enforcement Trust Fund to provide funding to Breaking the Cycle Consulting,
Inc., an organization providing support to families experiencing teen abuse and
violence within the home. (A-1840-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Agenda Item #21 – A-1833-16
The Board noted, for information only, the Informational
Budget Transfer Status Report for FY 2015/2016 (January 2016).
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The Board recessed the meeting at 9:43
a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials with the exception
of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Kyla Spencer
who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening
Session.
PROOFS
OF PUBLICATION
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to authorize the filing
of the proofs of publication for this meeting's scheduled public hearings into
the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
CHURCHILL DRIVE
ROAD IMPROVEMENT MSBU
Agenda Item #22 – PH-2016-284
Proof of publication
calling for a public hearing to consider adoption of a Resolution confirming
acceptance of the Petition to Continue and the continuance of the Churchill
Drive Road Improvement MSBU project based on revised project cost projections;
approve BAR #16‑027 required to support revised project cost; and
authorize Chairman to execute these respective documents, received and filed.
Kathy
Moore, Project Manager, addressed the Board to present the request as outlined
in the Agenda Memorandum. Ms. Moore gave
a brief history of the project and noted the initial bidding produced a single
bid yielding a highly unacceptable project cost. Following the outcome of the initial bid
process, Public Works Engineering re-evaluated the project scope and presented
a revised scope for bid in November 2015.
Ms. Moore explained that the results of the November bid were more
favorable; however, even the lowest bid was in excess of the project cost
threshold that is defined in the governing ordinance.
Ms.
Moore stated that the affected property owners were notified of the increased
cost and were provided an opportunity through a petition process to communicate
whether or not they wanted the project to continue given the current cost. The Petition to Continue demonstrated an 81%
support response for project continuance.
She pointed out the revised total project cost is estimated at $389,000
which yields a per property assessment of $10,516 and noted that BAR #16‑027
will transfer an additional $123,450 from the MSBU Program project fund to the
respective project in support of the revised cost expectation.
J.
Richard Di Leo, 240 Churchill Drive, addressed the Board to thank them along
with Commissioner Constantine, Carol Watral, Kathy Moore and Tom Gilbert. Mr. Di Leo stated it was like a coaching
staff of a championship sporting event.
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 for Mr. Di Leo was received and filed.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to
adopt appropriate Resolution #2016-R-34 confirming acceptance of the Petition
to Continue and the continuance of the Churchill Drive Road Improvement MSBU
project based on revised project cost projections; adopt appropriate Resolution
#2016-R-35 implementing Budget Amendment Request (BAR) #16‑027 required
to support revised project cost; and authorize the Chairman to execute these
respective documents; as described in the proof of publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
NON-PUBLIC
HEARING ITEM
AWARD CC-0639-15
TO ATLANTIC
CIVIL
CONSTRUCTORS CORP. OF ORLANDO
Agenda
Item #23 – A-1742-16
Motion by Commissioner
Carey, seconded by Commissioner Dallari,
to award CC‑0639‑15/TAD, Churchill Drive/Wekiva Green Subdivision
MSBU Road Improvement Project, in the amount of $256,572.05 to Atlantic Civil
Constructors Corp. of Orlando; and authorize the Purchasing & Contracts
Division to execute the Agreement.
Districts
1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS (Continued)
V3 HOLLIDAY
REZONE, John C. Vick, III
Agenda Item #24 – PH-2016-280
Proof of publication
calling for a public hearing to consider a request for a Rezone from R‑1AA
(Single‑Family Dwelling) to PD (Planned Development) and approve the
associated Development Order and Master Development Plan for 2.77 acres,
located on the north side of Holliday Avenue, approximately 200 feet east of
Lynwood Avenue, John C. Vick, III, received and filed.
Brian
Walker, Planning & Development Division, addressed the Board to present the
request as outlined in the Agenda Memorandum.
Mr. Walker explained that the Applicant is requesting a rezone to
Planned Development in order to develop the subject property with a single‑family
residential home with a density of one dwelling unit per 2.77 acres and permit
two horses on the property for personal use.
Regarding the public school capacity determination, since the parcel
will contain only one residential unit, Seminole County Public Schools has
determined it does not need to evaluate this project for concurrency.
Mr.
Walker described how the request is consistent with the Land Development Code
and the Comprehensive Plan. He advised
the proposed Master Development Plan provides for a maximum of one residential
unit on the 2.77-acre site, a density of approximately 0.36 units per net
buildable acre, and a total of two horses for personal family use only. Mr. Walker stated that staff is recommending
approval.
Commissioner
Dallari questioned how it was determined there could be two horses. Mr. Walker stated they looked at Chapter 30,
Part 25, of the Code and looked at Planned Developments and determined what
would need to be done to make it compatible with the surrounding area; what the
use is and what the buffers are. He
advised that given the size of the land, the size of the buffers, and all of
the information supplied by the Applicant, it was staff’s opinion based on that
Chapter that two horses would be the most compatible.
Trey
Vick, the Applicant, addressed the Board to state this has been a long process;
but he appreciates the way that it all works and looks forward to seeing the
resolution today. Mr. Vick stated this
property is very unique and displayed a site plan (copy received and
filed). He indicated that the property
is surrounded by a retention pond in the back that is county‑owned, five
single‑family residential homes to the west, a public use clubhouse for
the general residents that is membership-only access across the street to Bear
Lake, and a 50‑foot platted road which is unbuilt called Alton Drive that
separates the property from Lake Asher.
He noted that he and his wife have purchased the adjacent lot off of
Lake Asher Road as additional buffering.
Mr.
Vick displayed a picture (copy received and filed) of the street view of the
property and stated there is everything in the neighborhood from churches to
day cares to club houses to public access lots on Bear Lake. He noted this neighborhood is unique and has
been since he has lived there. Mr. Vick
stated his primary concern when he started this process was to make sure he and
his wife addressed the adjacent neighbors.
He described how he and his wife personally met with the five adjacent
neighbors and then displayed an Acknowledgment and Acceptance of the Request
(copy received and filed) signed by all five of the neighbors. Mr. Vick described the meeting he had with
the Bear Lake Preservation Association (BLPA) Ecological Committee regarding
any environmental impacts or concerns.
Mr.
Vick stated that they originally asked for four horses but through
conversations with staff and trying to accommodate everyone’s concerns, they
have downsized that request to two horses.
Mr. Vick displayed a photograph (copy received and filed) of the 50-foot
unbuilt platted road on Alton Drive and pointed out it is heavily wooded. He explained the photograph is the backside
of Alton Drive’s easement that abuts Lake Asher Circle and stated that because
of the dense brush, his lot cannot be seen.
Mr.
Vick stated there is some concern with noise with horses being in a residential
neighborhood. He explained that his
horse is an off-the-track thoroughbred that is used to stimulus, used to being
around activity, and used to noise and excitement. He discussed the location of his pasture
lands, which was done intentionally to keep the horses away from the general
public and people coming up and feeding them.
Mr.
Vick next discussed the Bear Lake Clubhouse and advised that it is a public use
facility with a large paved parking lot in front. He emphasized it is not a private residence
but is for public use and believes that is relevant to it being unique.
Mr.
Vick advised they have engaged a barn manager and stated there is a barn
management agreement (copy not received and filed) that he will leave for the
Commissioners to review. He explained
the purpose of the barn manager is to help establish the barn with the horses,
and she will work with them for six months to get everything up and
running. With regard to the smell from
the horses, Mr. Vick stated they have a documented manure management program
that has been written (copy not received and filed), which he will leave for
the Commissioners to review and then described the program. Mr. Vick concluded by saying he is trying to
be respectful of everyone.
Upon
inquiry by Commissioner Dallari regarding the purchase of the additional
acreage, Mr. Vick stated they are not including the additional property as part
of the PD request. The additional
property is approximately an acre and a half, takes in a large portion of the
lake, and is probably about a half an acre of dry land.
Valarie
Kenski, 1364 Lake Asher Circle, addressed the Board to state she has been a
resident of the area for 38 years. Ms.
Kenski pointed out they are in the middle of a residential community and stated
there has always been opposition but that information was kept from Commissioner
Constantine and those involved with BLPA.
She commented that names have been used as being in agreement and there
has been a lot misrepresentation. People
on the lake and the streets that come up onto the lake are not in favor of the
project. They believe zoning is there
for a reason.
Ms.
Kenski stated there have been people within the area who had chickens that had
to remove them. With regard to “spot
zoning,” those people would like to know why the Vicks are being considered for
horses when they couldn’t have two or three chickens. She believes this is opening up a Pandora’s
box. She advised that horses do not need
to be in the middle of a residential area.
Ms. Kenski stated documentation that backs up what she is saying will be
presented. There are over 50 people who
are completely opposed to this project.
Ms.
Kenski stated that up until a week prior to the zoning meeting, they had no
knowledge. With regard to the people of
Lake Asher Circle and the streets that come up, some of these properties within
30 feet of the Vicks’ property either had no knowledge or were in
opposition. Those people were left out
of Mr. Vick’s story. She stated they
would love to have this item continued so those parties that are actually
involved and concerned could all sit down and get together instead of people
like Nancy Dunn, who had no legal right, speaking for Bear Lake Association or
the residents of Lake Asher.
Woody
Maddox, 1358 Lake Asher Circle, addressed the Board to state in the 11th hour
at noon today, they received two emails addressing people that want to recuse
themselves for giving approval on the project.
They also got a letter from Mr. Goebel from the Bear Lake
Preservation Association noting their opinion was only for ecology. Mr. Maddox submitted an information packet
into the record. He pointed out the
packet includes over 50 plus signed petitions.
Mr. Maddox advised that Bear Lake is “on fire” this morning and the
residents are finding a lot of this information out this morning. He has been getting texts and emails all
morning, so he would like the Board to consider denying the horses. They are okay with the house and believe it
is a beautiful house, but it is not a place for the horses and will open the
area up for other animals, like chickens, that people want to bring in. He encouraged the Commissioners to read the
material that he has provided to see the real information about what is going
on.
Mr.
Vick stated they have done nothing but follow the legal process to rezone the
property including a pre-application meeting, a Development Review Committee
meeting, all of the required and proper postings, a P&Z meeting where he
received 7‑0 approval, and today's meeting. He stated he believes in following the law
and respecting people's rights, both his neighbors' as well as his rights as a
property owner. Mr. Vick stated he has
had personal conversations with both Bear Lake Clubhouse as well as the BLPA
chairman; and in his personal opinion, they have been bullied into recusing
their support for his project. He
doesn't support bullying and will not be bullied into changing what they want
to do, which is very well thought out and respectful to this neighborhood.
With
regard to the petitions, Mr. Vick requested the Commissioners review what the
petitions say and whether they are specific.
He believes misinformation is the devil of most things; and in this
situation, acknowledging that it is unique, he thinks there is an inordinate
amount of misinformation that was portrayed.
He discussed a sign (copy received and filed) that he put up prior to
the P&Z meeting for the sole intent and purpose of the community knowing
what he was doing.
With
regard to a continuance, Mr. Vick submitted multiple emails into the
record. He referred to a February 4
email sent to Mrs. Maddox with a very lengthy outline of what he was doing and
asking specifically to meet. He pointed
out there was no response. He referred
to an email that was sent to Valerie Kenski that was sent on February 3 where
he offered to meet with her in person and address her concerns. He then referred to a February 13 email sent
to Mrs. Maddox where he again offered to meet in person. He pointed out that if a neighbor has real
concerns that could be solved, they would have met with him in person. Mr. Vick emphasized that he has three kids, a
wife, two dogs, and two horses and that is what will be on these three acres of
land; nothing else. He clarified that
his PD request is very specific and not a farm request, and that is why it is
not being zoned Agriculture.
Commissioner
Carey pointed out that she has had ex parte communication on this item with Mr.
Vick but she has not heard from any other residents, so the only ex parte she
has is from the Applicant. She requested
some time to look through the information that was submitted today. Chairman Horan stated the only ex parte
communication that he has had was an email communication with the
Applicant. He stated he will be making a
decision based upon the legal standard and the evidence produced at this
hearing and in the record. Commissioner
Dallari stated he also had a meeting with Mr. Vick, but he will be making his
decision based on the evidence that has been presented today as well as the
public portion.
Chairman
Horan suggested they take a break to review the material and advised Mr. Vick,
since he has not seen the materials, that he also look at the documents during
the break.
Chairman
Horan recessed the meeting at 2:10 p.m., reconvening at 2:16 p.m.
Chairman
Horan confirmed with Mr. Vick that he had the opportunity to review the
materials that had been submitted by Mr. Maddox. Mr. Vick referred to the petitions and stated
that he read the premise of the petition as to why people were signing and it
referenced comments like “spot zoning, environmental concerns, health concerns,
safety concerns and nuisances.” He
believes that all of the items that he presented to the Board regarding their
manure management program, their pasture plan, their barn manager, the BLPA Ecological
review and opinion addressed those concerns.
He noted that he did meet with several of the neighbors last night to
discuss this out of concern and they were able to communicate and talk through
the issues.
Chairman
Horan allowed Mr. Maddox and Ms. Kenski to speak specifically regarding the
surrebuttal, on the new documents only.
Mr. Maddox stated they found out about the information about the
president of the Bear Lake Clubhouse last night and that is why they were able
to get the letter this morning. He
stressed they are not in agreement with the horses. Mr. Maddox asked about the smell. Chairman Horan advised that Mr. Vick has a
documented manure management program.
Mr. Maddox commented that it is horses and it is going to smell and
cause a problem because horses don't belong in a residential area.
Ms.
Kenski stated that in reference to the petition, everyone that signed the
petition, signed it freely. It is a
broad spectrum with different issues, and there is no way to break it down and
do a lengthy write‑up on each person's individual concern. She pointed out there were quite a lot
concerns about property value, people that might want to sell or rent, and the
fact that this was specialized zoning.
Ms. Kenski reiterated that some of the people in the area that had
chickens had to remove them. That is an
issue because people feel they should be treated equally. She concluded by stating this is a
residential area and people are not happy with the change in zoning.
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
Constantine stipulated to the ex parte communication that he had with Mr. Vick,
Mr. Maddox, Dennis Kelly, and Nancy Dunn and others from the Bear Lake
Preservation Society. He stated he does
believe that Mr. Vick is generally excited and passionate about this
property. Commissioner Constantine stated
this property was his Little League Baseball field and his cousins were brought
up on Curtis Drive. He stressed that
this particular area is extremely important to him and he cares a great deal
about it.
Commissioner
Constantine stated Mr. Vick has tried to address some of the concerns but he
has three more concerns that were given to him from the citizens. He stated the citizens were concerned about
access to both lakes, that they felt like the access they have currently at
Lake Asher would be cut off.
Commissioner Constantine asked Mr. Vick if he could stipulate in the
Development Order that that would not happen.
Mr. Vick stated the access would remain down Alton Drive and pointed out
that this property does not abut Lake Asher.
Commissioner Constantine stated he just wanted Mr. Vick to stipulate
that for the record.
Commissioner
Constantine stated there was concern about other barnyard animals. He asked Mr. Vick if he would stipulate in
the Development Order that there is not going to be a companion goat or
chickens or pigs or any other barnyard animal on that piece of property other
than the two horses. Mr. Vick responded
yes.
Commissioner
Constantine asked Mr. Vick if he would stipulate regarding the concern that was
mentioned about the buffering that they have right now, all of the foliage that
is between his house and Lake Asher, and that it would not be disturbed in the
development of his home and his property.
Mr. Vick stated he will not disturb any foliage that exists now on that
property that he owns. Commissioner
Constantine stated those will all be stipulated to in a Development Order.
Commissioner
Constantine stated this is a difficult decision and noted that the Planning
& Zoning Commission looked at this for a long time and voted 7‑0. He stated with the stipulations that were
made and the conversations that he has had, he believes that Mr. Vick and his
family have the best intentions, especially when he is putting in the
stipulations just discussed.
Motion by Commissioner Constantine to
adopt Ordinance #2016-9 enacting a Rezone from R‑1AA (Single‑Family
Dwelling) to PD (Planned Development) and approve the associated Development
Order, including the three stipulations
that have been discussed today, and Master Development Plan for 2.77 acres,
located on the north side of Holliday Avenue, approximately 200 feet east of
Lynwood Avenue; as described in the proof of publication, John C. Vick, III.
Commissioner
Carey offered a friendly amendment. She stated that one of the stipulations was
for no other barnyard animals and pointed out that the Board is having a
discussion now about potentially allowing for chickens. She stated that most of the property around
this area is zoned R-1AA; and in R-1AA with less than 12,000 square feet,
horses are not appropriate. She stated
Mr. Vick and his family have taken the right process by applying to the County
to get permission to be able to have this unique situation because he has a
unique piece of property. With regard to
no barnyard animals, Commissioner Carey stated she would just like to see some
additional language that says “unless they are allowed to the general public in
unincorporated Seminole County.” If they
pass an ordinance six months from now that would allow people to have a limited
number of chickens, then Mr. Vick should not be punished for that. Commissioner Constantine stated he had no
problem with that friendly amendment.
Commissioner
Carey stated if Commissioner Constantine is willing to accept that friendly
amendment, she will second the motion. Commissioner Constantine agreed to that amendment being included in the motion.
With
regard to the access issue, Mr. Applegate questioned whether Commissioner
Constantine is referring to any issue on Mr. Vick’s property or is he asking
Mr. Vick to guarantee access off the property.
Commissioner Constantine stated he believes Mr. Vick understood what he
was saying. There is an access that some
of the residents of Asher Lane felt they had going through that area that they
would lose with Mr. Vick’s development.
It is not on his property but there was a concern. Commissioner Carey advised there is a 50-foot
right-of-way there that is a public right-of-way that doesn’t have a road built
and is not Mr. Vick’s property. Ms.
Guillet pointed out that this stipulation has to be written into the
Development Order and she is trying to understand. Commissioner Constantine stated if that is
clear, he is fine with that not being put in the Development Order.
Commissioner
Carey clarified that the only two additional comments would be no other barnyard
animals other than those allowed for the general public and that Mr. Vick would
not clear the trees. Commissioner
Constantine stated it is the trees that are on the Lake Asher side where there
is a natural buffer. Commissioner Carey
pointed out that that piece is outside of the PD. Discussion ensued with regard to the location
of the tress in question. Commissioner
Carey stated Mr. Vick owns two pieces of property, one that is the subject of
this R-1AA request and one that on the east side of the 50-foot right-of-way,
which is not part of the request. She
stated she thinks the piece that is not part of the request is the piece that
Commissioner Constantine is asking Mr. Vick not to clear. The Site Map was displayed and Commissioner
Carey pointed out that only the large piece of property is the subject of the
PD, and the 50-foot right-of-way is Alton Drive. She stated that Mr. Vick also owns the
additional piece to the east but it is not part of the PD request. Commissioner Carey asked Commissioner
Constantine if that additional piece is the piece he is asking Mr. Vick not to
clear.
The
aerial map of the site was displayed.
Commissioner Constantine stated on the east side is a stand of trees and
those are the ones that he is talking about, right up against the property
line. Mr. Vick indicated on the aerial
map where his house and barn will be located.
He referred to the site map (which is also a tree survey) and indicated
there are some trees that will remain and then indicated which stand of trees
will need to be removed. Mr. Vick stated
that he understood Commissioner Constantine’s request. Commissioner Dallari stated that while Mr.
Vick may have understood the request, the way the Board is taking it is that he
is not removing any trees on that property.
Commissioner Constantine stated he is talking about the buffering on the
east side up against the property line all of the way down from Holliday Avenue
to the northeast boundary of the property.
Mr. Vick illustrated on the site plan what is being discussed. Commissioner Carey confirmed it is the trees
immediately on the east border.
Ms.
Guillet requested that they give staff a measurement like 25 feet, 30
feet. Mr. Vick displayed the Master
Development Plan (copy in agenda backup) and pointed out there is a 25-foot
landscape buffer design in the PD request that uses existing foliage and
wondered if that would address the issue.
Chairman Horan advised that they don’t need that reservation because the
25-foot landscape buffer is already in the Development Order.
Commissioner
Carey clarified that what she has seconded is that the only amendment will be
about the additional barnyard animals.
Chairman Horan advised that the only
additional condition on the motion of approval would be the barnyard
animals appropriately worded. Ms.
Guillet stated she believes staff can craft the language and she
understands. Regarding the buffer, she
suggested they may want to add the word
“undisturbed” on the east side, that the 25-foot buffer would be an
undisturbed buffer. Commissioner
Constantine and Commissioner Carey agreed
to the amended motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
SABAL POINT PLANNED
DEVELOPMENT
MAJOR AMENDMENT AND REZONE,
Kyle Riva
Agenda Item #25 – PH-2016-286
Proof of
publication calling for a public hearing to consider a request for a Major
Amendment and associated Rezone from PD (Planned Development) to PD (Planned
Development); and approve the associated Master Development Plan and
Development Order for 108.5 acres, located on the north side of Sabal Palm
Drive, approximately 1,000 feet east of Wekiva Springs Road, Kyle Riva,
received and filed.
Brian
Walker, Planning and Development Division, presented the request as outlined in
the Agenda Memorandum. Mr. Walker
commented that the Applicant is requesting a rezone to Planned Development in
order to develop the subject property as a multi-family residential development
with a density of 2.83 dwelling units per net buildable acre for a maximum of
286 apartments. He then gave a brief
history of the Sabal Point PD. He
explained that the golf course and related facilities were closed in 2004 and
that the Applicant desires to redevelop the former clubhouse site and portions
of the former golf course (Fairways #10 and #18) into a luxury multi‑family
rental community. The proposed 286‑unit
development includes a mixture of two- and three‑story apartment
buildings with complementary recreation and open spaces. The overall acreage subject to the major
amendment is 108.5 acres and the area dedicated to the apartments is 23.83
acres. The remaining 84.67 acres will
become open space and be dedicated to the Homeowners Association. Mr. Walker discussed the Wekiva River
Protection Area (WRPA) and explained how the proposed development meets the
WRPA regulations and objectives.
Mr. Walker
reported that Seminole County Public Schools conducted a school impact analysis
based on the Applicant’s request and determined that the proposed number of
students generated could be accommodated without exceeding the adopted level of
service. He explained how the project
was consistent with the Land Development Code and Comprehensive Plan. He then noted that the Planning & Zoning
Commission recommended approval and advised staff is recommending approval.
Javier
Omana, CPH, addressed the Board to state with him today are the contract
purchaser, members of the development team and members of the Homeowners
Association. Mr. Omana displayed a
PowerPoint presentation (copy received and filed) and discussed the
architectural rendering of the Alexander at Sabal Point. He then reviewed What is Planned. An aerial photograph of the Wekiva Basin was
displayed, and Mr. Omana indicated that the portion highlighted in red will be
the 23 acres which are slated for development and the portion in green is the
former golf course property that will be dedicated to the Homeowners
Association as part of an open space component.
Mr. Omana displayed and discussed Why is This Good.
Kyle Riva,
President of Alexander Investments International, addressed the Board to
continue the presentation. He gave a
brief history of his company, displayed a pictorial depicting examples of the
kinds of projects that his company has developed and described some of the
amenities that this project will have.
He then described the Local Development Team.
Mr. Riva
thanked the Commission for all of their hard work and efforts and support
throughout the process. He pointed out
that it couldn't have been done without the Board and their fine staff and
certainly not without the homeowners’ efforts and support. They were all willing to be creative and keep
working hard at coming up with a solution.
Michael J.
Weber, 522 Sabal Trail Circle, addressed the Board to state he has been a Sabal
Point resident for over 22 years. Mr.
Weber remarked that at one time, he had probably one of the most gorgeous views
in Sable Point. He described what
happened to his view after the golf course closed and advised there was a pond
in his backyard between his house and the Country Club, the first fairway; and
to this day, a number of the neighbors that border on that pond are still
paying for the maintenance of the pond.
Mr. Weber stated he is fully in favor of the rezoning request and
believes it will significantly help to restore some of the beauty they had in
Sabal Point.
Wayne J.
Hunicke, 547 Timber Ridge Drive, addressed the Board to state he is the
president of Sabal Point’s largest homeowners association. Mr. Hunicke thanked the Commissioners for
their encouragement in reaching the culmination of a ten-year battle. He pointed out that Sabal Point has been
under a black cloud because of the closed golf course for a dozen years and it
has been an impact of people experiencing unsightly conditions which affected
their property values. Many residents
mowed and maintained land areas and ponds behind their homes. Mr. Hunicke stated the community really wants
a resolution of the situation and the Commissioners have it in their hands to
provide that today. He explained why he
believes this is a reasonable solution to the problem.
With regard
to whether Sabal Point is ready for the transition, Mr. Hunicke stated they are
ready to answer the challenge. They have
an open space committee and have drafted specifications for land and water
maintenance and for managing the open space.
They have a signage plan and a budget.
They are looking forward to using the open space for passive and active
recreational purposes. Mr. Hunicke
discussed the accord they have reached with Charles Lee, of the Florida Audubon
Society, on some additional clarification of restrictions on an outlying tract
of the property.
Commissioner
Carey commended the Homeowners Association and noted it has been a long
battle. She stated failing golf courses
are a difficult issue to deal with and they are seeing more and more of them in
the county and will probably continue to see that as golf courses don't work
financially so much. She noted it was a
complex settlement but believes it has turned out to be something that is
good. She knows the residents were
looking for closure so she is glad this has finally come to a point where they
can agree that this is the best thing for Sable Point because it is a beautiful
community.
Hal Kantor,
Lowndes Drosdick Doster Kantor & Reed, P.A. Law Firm, addressed the Board
to state he would like the opportunity to rebut anything that comes up in the
discussion as it relates to the homeowners’ interest in their property. He stated he wants to emphasize that it is
not just open space but is open space with passive and active recreational use
in accordance with the Seminole County Land Development Code. He pointed out that is the arrangement that
they made with the Audubon Society and that has been the intention all along.
Deborah
Green, 203 Honeysuckle Lane, addressed the Board to state she represents the
Orange Audubon Society. Ms. Green
explained that the Sabal Point Wildlife Sanctuary of Audubon Florida’s 648
acres adjacent to the 2,500-acre St. Johns property and the Wekiva River and
Little Wekiva River are very low, very wet and you can only walk there because
there is a berm road built up. Ms. Green
stated it was important to Audubon Florida and the local chapters that in the
development of Sabal Point, this new rezoning, there be buffering so the
fairways that surround it on three sides only have passive use. In the deal that was brokered with Mr.
Kantor, the Homeowners Association, and Charles Lee, that is in place through a
deed restriction. Ms. Green remarked
they would have rather it be a conservation easement but the deed restriction
sounds appropriate. She stated she is
here, since Charles Lee could not be here, representing their support for the
way this has worked out.
Chairman
Horan questioned where Ms. Green stated the passive use restriction is. Ms. Green stated there are fairways that
surround the Sable Point Sanctuary on three sides, the Timber Ridge area. Those are the ones that they want to ensure
have deed restrictions that there will be no development down the road, just
the passive use. Chairman Horan
questioned if she agreed with the agreement that has been entered into and she
responded that she is here today to support that agreement. Commissioner Carey confirmed with Ms. Green
that the agreement is for passive or active activities but no development.
Ralph
Koransky’s name was announced and it was determined he was not in attendance.
Pam Meharg,
637 Sabal Lake Drive, addressed the Board to state she represents the Seminole
Audubon Society. Ms. Meharg stated
Charles Lee is sorry that he could not make it today but he did want to express
his gratitude toward the developers and the Homeowners Association for working
with Audubon Florida’s request. She
explained that Audubon Florida had requested a conservation easement on the
fairway north of the Timber Ridge Drive area.
That fairway is surrounded on three sides by property owned by Audubon
Florida and also has a conservation easement on it by St. Johns River. The concern was that any future development
could impact the wetlands that are there.
Ms. Meharg stated they do
appreciate the fact that the Homeowners Association’s attorney had difficulty
with the conservation easement but Audubon Florida and the Homeowners
Association have entered into a deed restriction agreement that prevents any
future development there of homes. It
does not prevent recreational opportunities.
She reiterated that it is a private agreement between Audubon Florida
and the Homeowners Association.
Ms. Meharg
explained why Seminole Audubon is okay with the development of this property
and not opposed to the agreement. They
would have preferred to see on the greenways that are being transferred that
more had been done (possibly in a conservation easement situation or deed
restriction) to prevent that property from being developed in the future. She noted they all have been around long
enough to know that you make a deal and people change and circumstances change
and 25 years later, they could be looking at someone wanting to develop that
property. She emphasized that is allowed
under this deal.
Ms. Meharg
reiterated they are not opposed to this deal but they believe in the future
when green space is being transferred and everyone agrees it should be green
space, possibly there should be some kind of legal agreement keeping it green
space and that comes through a conservation easement. She discussed bear issues and was assured
that is covered in the Development Order.
She pointed out that the dry retention area is a wonderful home to a
minimum of three gopher tortoises, a protected species under Florida law; and
she hopes they will do everything possible to make sure they are safe and have
a good home.
Larry
Elderdice, 2507 Last Tee Court, addressed the Board to state he has been in
western Seminole County since 1977 and in Sabal Point since 1999 and has seen
it grow and evolve. Mr. Elderdice
discussed a brief history of Sabal Point.
He stated he feels strongly that this proposal is a win-win
situation. While there will be some
additional areas of stress put in the area (such as traffic, schools and
utilities), he is confident that Seminole County will do what is necessary to
make the plan fully feasible going forward.
He then discussed his concerns regarding the widening of Wekiva Springs
Road. Mr. Elderdice stated he
appreciates the Board’s help and time spent on this.
Lisa Krist,
500 Timber Ridge Drive, addressed the Board to state her family has lived on
Timber Ridge on the 5th fairway for 17 years. Ms. Krist pointed out that since the golf
course closed, that extended area has become their extended backyard and they
have personally paid over $1,000 to have the fairway and tee box areas mowed. She stated she is in support of the
residential development plan and especially the open area that is being
planned.
Dennis
Puleo, 529 S. Longview Place, addressed the Board to state the closed and
abandoned golf course has been a weekly concern for himself and his
neighbors. Mr. Puleo stated he has lived
in Sabal Point for 11.5 years, and he has combined with the neighbors to share
the burden of mowing the fairway and keeping the stream and ponds cleaned and
maintained. He advised that he wants to say
on his family’s behalf that they strongly support the negotiated settlement and
the limits of the development, which gives a large portion of the undeveloped
property (about 85 acres) to the HOA.
Joel K.
Slater, 243 W. Sabal Palm Place, addressed the Board to state he is speaking on
behalf of himself, his wife and also Sabal Fairview Village HOA, which is part
of the Sabal Point Community Services Association. Mr. Slater stated they strongly support the
application before the Board. He
explained that Sabal Fairway Village comprises 29 single-family homes along the
former 17th fairway of the closed Sabal Point Golf Course. He briefly described how they once thought
that the 17th fairway was to be turned over to the Sabal Point CSA
based on its Board’s guiding principle that there be no construction on any
former golf holes where there are single-family homes but it was instead sold
to Village on the Green, a retirement community. He trusts they will respect the principle of
no construction where there are single-family homes when they develop their
future plans.
Mr. Slater
discussed the 85 acres of open space that the Sable Point CSA will take
ownership of for the recreational benefit and enjoyment of all Sabal Point
residents. He pointed out that after
nearly 20 years of worry and uneasiness about the future of the closed golf
course property and years of continuing neglect to reasonably maintain the open
space land, Sabal Point residents are on the threshold of owning a wonderful
park-like asset in the heart of their community. Mr. Slater pointed out that the fact they are
here today speaks to the strength of leadership and fortitude of the Sabal
Point CSA, the sensibility and trustworthiness of Kyle Riva, and to the
encouragement and support of the Commissioners and County staff who have helped
to nurture this plan to revitalize the former golf course community. He added that all provided the glue essential
to make this proposal what everyone has referred to as a win‑win
situation for the community, for the developer and for this Commission. He hopes it may be a potential template for
other golf course communities that have closed to think about.
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
Constantine described a conversation he had with Ralph Koransky, when he was
knocking on doors in 2012, who told him he better take care of Sabal Point and
get this worked out. He stated he has
had ex parte communications with everyone in the audience and many, many more
people. Mr. Riva came into his office
and he suggested that everyone sit down and get together. He then described the four‑hour meeting
that took place at the Regional Planning Council. He emphasized that this is a win for the
Homeowners Association, a win for Seminole County, a win for the previous owner
of the property, a win for Mr. Riva, and a win for the Audubon Society; and he
noted that it was a privilege to be a part of it.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to adopt Ordinance #2016-10 enacting a Rezone
from PD (Planned Development) to PD (Planned Development); and approve the
associated Master Development Plan and Development Order for 108.5 acres,
located on the north side of Sabal Palm Drive, approximately 1,000 feet east of
Wekiva Springs Road, as described in the proof of publication, Kyle Riva.
Districts
1, 2, 3, 4 and 5 voted AYE.
ORDINANCE
AMENDING THE SEMINOLE COUNTY CODE,
CHAPTER
258, URBAN BEAR MANAGEMENT
Agenda Item #26 – PH-2016-292
Proof of publication calling for a public hearing to consider a request to amend the Seminole County Code, Chapter 258,
Seminole County Urban Bear Management, establishing the West Seminole County
Urban Bear Management Caution Zone; establishing a review date and determinants
for the application of bear management practices within the West Seminole
County Urban Bear Management Caution Zone, received and filed.
Nicole Guillet, County Manager, presented the request and
explained that in December the Board adopted the Urban Bear Management
Ordinance and established the West Seminole County Urban Bear Management
Area. The first Urban Bear Management
Area included not only the entire area west of I‑4 but also a portion of
property on the east side of I‑4.
The Florida Fish and Wildlife Conservation Commission (FWC) had
requested that the property be included as a buffer in anticipation of some
bear movement to the east once they started managing bear traffic on the west
side of I‑4. There was some
concern after the ordinance was adopted and expressed by residents, businesses
and the affected municipalities that perhaps the County was being overly
regulatory on the east side of I‑4.
Ms. Guillet stated that in working with the cities and working with FWC,
they established the area on the east side of I‑4 as a Caution Zone
element of the West Seminole County Bear Management Area. She explained that the Caution Zone is an
area where conditions are ripe for bear‑human conflicts; however, there
are not sufficient bear‑human conflicts to start regulating that
area. It is part of the bear management
area; however, the bear management requirements are not in effect with the
exception of the one prohibition of directly feeding bears, which is effective
throughout the county and is a state law as well.
Ms. Guillet stated that with regard to the caution areas, the
language says they won't enforce the bear management requirements now; but if
one of several triggers is hit, then the Board will come back and through a
resolution (as opposed to an ordinance) at a public meeting they could enact
the bear management regulations. Some of
the triggers are if there is a significant bear‑human conflict or if the
FWC advises there is a significant uptick in bear activity within that east
side within the Caution Zone. Ms.
Guillet pointed out that should there be some sort of immediate threat, this
ordinance gives the County Manager the authority to issue an administrative
order putting those regulations into effect, which would have to subsequently
be ratified by the Board at the nearest possible meeting. She pointed out that staff has communicated
with the cities and all indications are that they are comfortable with this
revision to the ordinance.
Commissioner Carey commented on what the County Manager just
described where she has the authority to take immediate action. She stated if there happens to be an
aggressive bear situation and FWC removes the situation by removing the aggressive
bear, then the issue has been resolved.
Commissioner Carey noted that there are still bears walking through the
neighborhoods and still living among them.
She emphasized that just because a bear is present does not mean there
is a bear problem. There is a bear
problem when humans don't do what they need to do to not create a
situation. She believes it is an
educational process more than anything.
With regard to public participation, no one in the audience
spoke in support or in opposition and public input was closed.
Motion by
Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance
#2016-11 amending the Seminole County Code, Chapter 258, Seminole County Urban
Bear Management, establishing the West Seminole County Urban Bear Management
Caution Zone (Caution Zone); establishing a review date and determinants for
the application of bear management practices within the West Seminole County
Urban Bear Management Caution Zone, as
described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT
COMMISSIONERS’ REPORTS
District
3
Commissioner Constantine announced that the Wekiva Paint Out is
February 29 through March 6. He noted
that Commissioner Dallari is the honorary chairman this year.
District
5
Commissioner Carey stated that the February Central Florida
Expressway Authority meeting was cancelled so she took the opportunity to go on
a tour and do some training. She stated
she collected tolls that day and went to the E-Pass service Center.
Commissioner Carey reported she was at the Health Department for
the Mobile Unit Ribbon Cutting ceremony on February 16 and discussed the Mobile
Unit. At Chairman Horan’s request, a
video regarding the Mobile Unit was shown.
Commissioner Carey congratulated staff on another great State of
the County. She noted it was Chairman
Horan's first State of the County and she thought it all went off without a
hitch and knows that it can't happen without a large support staff.
Commissioner Carey announced the Seminole County Gardening Expo
is coming up on March 5. It is a free
event from 9:30 a.m. to 3:30 p.m. at the Extension Services at Five Points and
they will be doing some organic vegetable garden demonstrations. Commissioner Carey reminded everyone that the
Annual Golden Eagle Boy Scouts event is coming up on April 7 and noted that
this year they are honoring Phil Rawlins, the owner and founder of Orlando City
Soccer.
Commissioner Carey requested an update on where the County is on
drafting an ordinance regarding chickens.
Ms. Guillet responded that they are in the process of collecting
information and working with community partners on that. She stated they will be bringing something
back to the Board sometime in the near future.
Commissioner Carey’s ex parte communication was submitted into
the record.
District
1
Commissioner Dallari stated that a couple of weeks ago there
were some developments in the Oviedo area on the north side right up to the
rural line. He explained that there was
a discrepancy with the boundary of the Rural Area; and in discussing it with
some of the city staff, they were not aware of the Rural Boundary. He noted that trees were taken right up to
the rural line, which per the City ordinance was allowed. The County's ordinance and Rural Boundary
line don’t protect those trees because there is no transition.
Commissioner Dallari stated he wants to ensure that the cities
(Winter Springs, Oviedo and Sanford) are aware of the Rural Boundary. He suggested they send a letter to each one
of the cities reminding them of the Rural Boundary ordinance and that they
should take that into account when they are doing any type of zoning or tree
clearing and verify the Rural line.
Commissioner Carey pointed out that Sanford is not adjacent. Ms. Guillet stated the County doesn't have
regulations prohibiting tree clearing in the Rural Area.
Commissioner Dallari stated that his point is there were some
issues as to where the Rural Boundary line was, and he wants to ensure that all
of the surrounding cities that have any jurisdiction up to that Rural Boundary
are aware and that they send a letter out to them informing them that their
staff should be aware of the County ordinance so that they verify the Rural
line when they are developing properties up to the Rural line. He believes the letter should be sent from
the Board to the surrounding cities.
Commissioner Carey suggested they bring it up at the Mayors and Managers
meeting.
Chairman Horan stated he will prepare the letter if that is the
desire of the Board and send it to Oviedo and Winter Springs. No
objections were voiced.
CHAIRMAN’S
REPORT
Chairman
Horan stated a case came down from the First District Court of Appeals
(Pinellas County versus Department of Juvenile Justice) where the Department of
Juvenile Justice had its hand slapped by the First District Court of Appeals in
failing to comply with the Court of Appeals' mandate that they issue credits
for 2008 and 2009. The Order that came out
of the Department of Juvenile Justice tried to say that they can issue a credit
but the Legislature appropriated no money for it; and the District Court of
Appeals said no, that is not in compliance with the mandate. It said "you shall issue the credits
consistent with the Department's own rule, previous notices and all such
credits shall be carried forward and applied to invoices after the fiscal year
date at issue until the credit is applied in total." He pointed out that is the first time in this
entire scenario that the judicial branch has told the executive branch that it
has to do what the judicial branch has ordered regardless of what the
legislative branch does. He stated that
is a significant development and they will see how is pans out in the next two
or three weeks.
Chairman Horan
announced that Ray Hooper, Purchasing & Contracts Manager, has received the
2016 Central Florida NIGP Manager of the Year award. He congratulated Mr. Hooper; Ms. Guillet; and
Ed Bass, who is Mr. Hooper's supervisor.
Chairman
Horan announced that a resolution will be placed on the April 12 agenda
acknowledging the 70th anniversary of the Altamonte Women's Club and a
resolution will be placed on a future agenda acknowledging the third title in
six years for the Oviedo Girls Soccer Team.
Commissioner Dallari requested that they wait on that because there is
something else they are trying to plan.
Chairman Horan stated the Zoo work session has been scheduled for April
26. Commissioner Dallari stated that the
Zoo had a barbecue event with Sonny's and he reported it was quite the event
and very successful.
Chairman
Horan reported that in the Sanford Herald there was a notice that at the
meeting at Sanford City Hall there was an issue involving the sale of the
parking lot that is used by the County for parking at the civil
courthouse. He questioned whether anyone
knows what happened at the meeting.
Commissioner Carey stated when she saw the article, she took it to the
County Manager. The meeting was over by
the time staff got there but they do have the package for the item. She stated her question was whether or not
the County has a lease on the parking lot adjacent to the courthouse that they
have been using as long as she can remember, since the courthouse was there.
Commissioner
Carey explained she saw a former Commissioner at lunch time and he said to his
knowledge he doesn't think the County has a lease but it felt like Sanford was
trying to push them out of downtown if they take away the parking. She noted this just came to their attention
yesterday and pointed out it is kind of disappointing since they have been in
discussions with Sanford regarding what will happen in Sanford and there wasn't
any notice at all that this discussion was going to come up. Commissioner Carey stated as the District
Commissioner, she plans on meeting with the County Manager and the City of
Sanford to talk about the issue and see what is going on.
Ms. Guillet
advised that staff is following up, and they have reviewed the development
agreement that was considered by the Council last night. They have started reviewing other county
assets in downtown should they need to find other parking. They are also doing research on what the
arrangement has been between the City of Sanford and the County with respect to
the parking. She stated at this point it
does not appear there is a lease.
Chairman
Horan clarified that in July there will be one BCC meeting on July 26. He announced there will be a Sports Complex
Ribbon Cutting on May 13, which is a Friday.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and
filed:
1. Letter dated
January 18, 2016, from the City of Longwood to the Board of County
Commissioners, Seminole County RE: Notice of Voluntary Annexation of various
properties located on Peninsula Island Point.
2. Copy of a
letter dated February 5, 2016, from William A. Jacobs to the Distinguished
Chairman & Commissioners RE: praising Ed Burford, Veteran Services Officer,
for his service to the Veterans of Seminole County.
3. Letter dated
February 7, 2016, from Johnnie D. Richardson Sr., LTC. USA to Chairman Horan
RE: The Vietnam Traveling Memorial Wall that will be located at Reiter Park, in
the City of Longwood, June 8-12, 2016.
4. Letter dated
February 10, 2016, from the City of Longwood to Seminole County BOCC RE:
Follow-up on Town Hall Meeting to discuss Traffic Concerns in District 2.
5. Copy of a
letter dated February 11, 2016, from Maryanne Morse, Seminole County Clerk of
the Court to Nancy Smith, Environmental Health Manager, Department of Health,
Seminole County RE: Notice Regarding Possible Violations of Chapter 386,
Florida Statutes; Florida Clean Indoor Air Act, Civil Courthouse & Juvenile
Justice Center.
COUNTY
MANAGER’S REPORT
Ms. Guillet advised that the County Manager's Annual Report
(copy received and filed) has been released for 2015 and noted it was presented
at the State of the County. With regard
to the printed piece, she stated the Commissioners' offices will have copies to
distribute. Ms. Guillet explained there is
also an expanded version on the website along with a video that Community
Relations put together. The website was
displayed. She thanked Tricia Setzer and
Ashley Moore for all of their efforts in putting together the printed piece and
the website. Chairman Horan thanked SGTV
staff, the Public Information staff, and all of the people who made the State
of the County so very easy.
Ms. Guillet reported that they have received its first confirmed
case of Zika in Seminole County. Upon
inquiry by Commissioner Carey, Bruce McMenemy, Deputy County Manager, confirmed
it was a traveling case.
COUNTY
ATTORNEY’S REPORT
Mr. Applegate reported that in 2015 his office handled 1,140
formal assignments, which does not include all of the litigation work, transactional
work and special projects. He stated it
was another busy year and he thanked his staff.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 3:45 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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