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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