BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
February 27, 2018
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 27, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Carlton Henley (District 4)
Commissioner Brenda Carey (District 5)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Kyla Farrell
Pastor Jim Lynch, East Coast Believers Church, Oviedo, gave the Invocation; and Commissioner Carey led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-0585
A_%_Pedestrian Safety Program that_!b1_ Bike/Walk Central Florida manages and o perates on behalf of its coalition partners. Ms. Day presented a PowerPoint presentation entitled “Stepping Up for Safety” (r eceived and filed). She stated the goal of the program is to get 60% of drivers to stop for people when they cross the street. She advised enforcement is really the most critical piece and displayed a video from WESH 2 News showing a police officer legally crossing a crosswalk where drivers did not stop. Ms. Day discussed Orange County & City of Orlando Progress to Date (2012-2017) and showed a before and after picture of a crosswalk that had been restriped. By restriping the crosswalk, the yield rate went from 13% to 58%.manda Day, Executive Director of Bike/Walk Central Florida, addressed the Board to talk a bout the Best Foo t Forward for
Commissioner Carey stated looking at the County’s crosswalks is an important part of the program, and Ms. Day stated enforcement is a big part of it but enhanced crosswalks will provide an even bigger jump because they are a lot more visible. Commissioner Dallari asked about the reduction in numbers from 2015 to 2017 because he would like to understand what the catalyst is for those numbers. Ms. Day explained there is no one easy answer; it is a whole host of reasons including distracted and dangerous driving. Commissioner Dallari asked if there is a way to look at the numbers to see if it’s a particular corridor, and Ms. Day answered yes. She stated if you look at the crash reports, they will tell you more information like why, how and where. Commissioner Carey requested that information so they can see if there are particular areas that are consistently on the list, and Ms. Day responded she will get them that information. She explained putting together a map of the injuries and the fatalities, looking at the closest crosswalk to what enhances may be made, and whether or not it is a corridor that is slated to undergo a study is information she can get to the Board that will help them to make decisions.
Commissioner Constantine confirmed with Ms. Day that on the Crashes + Fatalities chart, they are not one and the same. He assumed that there are numbers that would indicate the actual fatalities. Ms. Day explained last year for Orange County, there were about 65 fatalities; and for Seminole County, the fatalities were probably closer to about 31 or 35. Commissioner Constantine asked to see the combined total but broken down with the number of crashes and the number of fatalities. Chairman Horan asked if the data that they are looking for (the corridors where there are problems) is something they can break down for the Board. Charlie Wetzel, Traffic Engineering, addressed the Board and answered he could graph that data as long as it is in a crash report.
Commissioner Carey asked if Ms. Day gets her information from Mr. Wetzel, and Ms. Day responded yes. Commissioner Dallari asked how quickly Mr. Wetzel could get that information and Mr. Wetzel answered probably within a week. Commissioner Dallari asked if he could also tell the Board if there are any future design plans of those corridors so they can anticipate any corrections or any other projects or problems in the area, and Mr. Wetzel answered yes. Mr. Wetzel added if they identify a high pedestrian-crash corridor, they could check with Engineering to see if there are any projects in the works that could possibly address some of that.
The Business Spotlight video for Minter Family Farm and Pesticide was presented.
After Mr. Minter discussed the troubled state that farming is in in Seminole County, Commissioner Dallari confirmed with Barbara Hughes, Leisure Services, that staff is going to help Mr. Minter however they can. Commissioner Dallari asked for an update as they move forward in that process. Chairman Horan stated he believes staff has some statistics on the economic impact farm business has on the County, and Ms. Hughes responded she can get that information to the Board today.
AWARDS AND PRESENTATIONS CONTINUED
Agenda Item #2 – 2018-0584
Edward Johnson, Chief Executive Officer, Lynx, addressed the Board to present the Lynx Annual Update. He reviewed a PowerPoint presentation entitled “Review of CY2017 Goals/Accomplishments and Proposed CY2018 Goals” (copy received and filed). Mr. Johnson discussed Enhance Communications, Improve Service Efficiency, Establish More Partnerships, Improve Customer Confidence in System, and Increase Brand Recognition and Community Involvement. He talked about all of the ways that Lynx gets involved with the community. Mr. Johnson reviewed 2018 Major Emphasis Areas which include establishing a CyberSecurity Program and oversight position, creating an Innovation and Sustainability Program, seeking funding for Vision 2030 Corridors and purchasing off-board payment systems for key areas.
Mr. Johnson stated Lynx has identified a couple of methods on how they can move some major projects that they’ve had on the table for a long time that need to be moved forward. Two of the projects that they have in mind are to place BRT (Bus Rapid Transit) along HWY 50 from the Winter Garden area all the way over to UCF as well as a BRT project along SR 436 from the Altamonte Springs area down to the Orlando International Airport. These two projects have already gone through the FTA approval process.
Mr. Johnson indicated Lynx will continue to do their Economic Impact Analysis and purchase more vehicles. They need to start looking at more electric vehicles and articulated vehicles. Commissioner Dallari asked if Mr. Johnson is aware of the Volkswagen settlement mitigation fund and if they are capitalizing that at all. Mr. Johnson answered yes and explained they are partnering with the Regional Planning Commission to submit an application to go after those dollars. Commissioner Dallari asked how many buses Mr. Johnson thinks Lynx will be able to mitigate with that. Mr. Johnson answered not a lot. He added they are trying to spread the money throughout the entire state; and not only is it going to public agencies, it is going to go to some private entities as well. Lynx knows that they have a need of replacing at least 75 buses at a minimum and need to purchase an additional 35 articulated buses which are roughly $1 million apiece. Commissioner Dallari indicated the school system is qualifying for a number of buses and he thinks Lynx should be able to qualify as well.
Chairman Horan asked Mr. Johnson to describe what he is doing with OEP (Orlando Economic Partnership). Mr. Johnson stated they had their initial kickoff meeting with an OEP representative, and one of the things they are talking about with their team is really being more of an advocate for the expansion of transit as well as the funding of transit. Lynx’s biggest thing with OEP is really giving them good information on what the cost of services will look like and what should be placed out there and how it actually benefits the community. Most times they only think about transit services getting people from their home to their jobs, but they also need to think about the environmental impact that they have by a reduction of CO2. They also need to think about the improvement of quality of life for people who choose not to drive or who may not be able to drive. They are really helping with the education of why transit is so important for the community. Chairman Horan commented it is absolutely vital that the business community gets behind all of the transportation issues.
Mr. Johnson shared that the Seminole Area Chamber of Commerce has reached out to Lynx, and they want Lynx to become much more involved with their program and go through their leadership program.
Commissioner Henley asked how close Lynx is to closing on the Nopetro property that has been a desire for quite some time. Mr. Edwards answered the property has been purchased and Lynx has asked the state legislature for some money to help build it out. There is a bill that includes $2 million for a portion of the build-out. Lynx is going to release an RFP (Request for Proposal) for the clearing of the land, asphalt and concrete. The RFP should be going out in a couple of months.
COUNTY MANAGER’S CONSENT AGENDA
Ms. Guillet announced the only addition is Item #13A which is a request to pursue a grant to monitor the impacts of the fertilizer ordinance.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve the following:
Community Development Division
3. Approve and accept the Neighborhood Stabilization Program Snapshot/Report for the month of January, 2018 pursuant to Seminole County Resolution #2013-R-61. (2018-0576)
Planning & Development Division
4. Authorize the release of Maintenance Bond (Public Road Maintenance Agreement) #58725889 in the amount of $2,603.50, and Maintenance Bond (Private Road Maintenance Agreement) #58728440 in the amount of $80,563.70 for the Aloma Trails subdivision. (2018-0556)
5. Approve the plat for the Lake Florence Preserve single-family residential subdivision containing twenty-eight (28) lots on 14.64 acres zoned PD (Planned Development), located on the north side of Howell Branch Road, 1/2 mile west of Dodd Road. (2018-0560)
Greenways and Natural Lands Division
6. Approve and execute appropriate Resolution #2018-R-25 for the official transfer of specific parcels currently identified as part of Soldiers Creek Park into the Natural Lands Program to be managed as part of the Spring Hammock Preserve. (2018-0553)
7. Approve and authorize the Chairman to execute an Agreement to Acquire between Jackie Craig Cox and Melissa Diane Cox, his wife, and Seminole County for property necessary for the Osceola Road Drainage Project. (2018-0564)
8. Approve and authorize the Chairman to execute the First Amendment to Florida Department of Health, Seminole County Lease Agreement. (2018-0482)
Budget & Fiscal Management
9. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-26 implementing Budget Amendment Request (BAR) #18-029 through the 2001 Infrastructure Sales Tax Fund to re-appropriate budget of $302,434 from Reserves for construction funding for the Dike Road Sidewalk and Safety Project. (2018-0565)
10. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-27 implementing the Budget Amendment Request (BAR) #18-030 through the Public Safety Grant Fund in the amount of $1,000,000 to recognize revenue received from the Florida Department of Management Services towards the funding of the Seminole County Computer Aided Dispatch (CAD) System. (2018-0563)
11. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-28 implementing Budget Amendment Request (BAR) #18-031 through the EMS Trust Fund in the amount of $207,427 to establish budget for the approved EMS Trust Grant for the purchase of portable ventilators and training manikins. (2018-0569)
12. Approve and authorize the Chairman to execute a Grant Award Agreement with the State of Florida Department of Environmental Protection in acceptance of $100,000 for the Seminole County Waterway Protection-Fertilizer Education Project; and to execute appropriate Resolution #2018-R-29 implementing Budget Amendment Request (BAR) #18-032 through the Public Works Grant Fund in the amount of $100,000 to establish funding. (2018-0580)
13. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-30 implementing Budget Amendment Request (BAR) #18-033 in the amount of $110,356 through the Fire Protection Fund from Reserves for the purchase of furnishings to be installed at Fire Station #29. (2018-0571)
13A. Approve and authorize staff to submit an application to the Florida Department of Environmental Protection (DEP) through its FY 2019 Section 319(h) Nonpoint Source (NPSM) Grant requesting up to $72,000 in grant funding to conduct a nutrient study to quantify fertilizer ordinance impacts to nutrients in the surface and groundwater; and authorize the County Manager to execute any documents associated with the grant application. (2018-0591)
14. Approve and authorize the Chairman to execute a Satisfaction of Lien for parcel #06-21-29-521-0000-0370 for which the Wekiva Green – Churchill Drive Road Improvement MSBU non-ad valorem assessment has been paid in full. (2018-0586)
15. Approve and authorize the Chairman to execute the Satisfaction of Liens for 19 parcels for which the Lake Myrtle Restoration MSBU non-ad valorem assessment has been paid in full. (2018-0587)
16. Approve and authorize the Chairman to execute the Satisfaction of Liens for 32 parcels for which the Charter Oaks/Tamarak MSBU non-ad valorem assessment has been paid in full. (2018-0588)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the following:
17. Approve Expenditure Approval Lists dated January 29 and February 5, 2018; and the BCC Official Minutes dated January 23, 2018. (2018-0574)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Florida Public Service Commission Consummating Order #PSC-2018-0058-CO-GU re: petition approval of transportation service agreement with Florida Public Utilities Company by Peninsula Pipeline Company, Docket #20170193-GU, issued January 23, 2018.
2. Florida Public Service Commission Consummating Order #PSC-2018-0059-CO-EI re: petition for one-year extension of voluntary solar partnership rider and program by Florida Power & Light Company, Docket #20170212-EI, issued January 23, 2018.
3. Florida Public Service Commission Order #PSC-2018-0049-TRF-EI approving Florida Power & Light Company’s Curtailable Service Tariff Modifications, Docket #20170216-EI, issued January 22, 2018.
4. Florida Public Service Commission Order #PSC-2018-0049A-TRF-EI approving Florida Power & Light Company’s Curtailable Service Tariff Modifications, Docket #20170216-EI, issued January 30, 2018.
5. Florida Public Service Commission Order #PSC-2018-0050-TRF-EI approving Florida Power & Light Company’s Revised Tariff Sheet No. 6.300, Docket #20170148-EI, issued January 22, 2018.
6. Contract Amendment to State Financial Assistance Recipient Grant Agreement FDACS #24756 with the Florida Department of Agriculture and Consumer Services for the Arthropod (Mosquito) Control Program.
7. Homeless Management Information System (HMIS) Participation Agreement with Homeless Services Network of Central Florida, Inc. for Program Year 2017-2018, as approved by the BCC on July 28, 2015.
8. Addendum #1 to Evergreen PD Development Order #17-20500022; William H. Schaub
9. Cash Maintenance Bond in the amount of $788.35 for the project known as Oviedo Retail; Dimension Oviedo Venture, LLC (David Blass).
10. Tourist Tax Funding Agreement with University Athletic Association for the UAA Men’s and Women’s Tennis Championships.
11. Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc. for the February 50s Senior Softball Tournament.
12. Tourist Tax Funding Agreement with USA Softball of Florida, Inc. for the 2018 UCF Friends of Jaclyn Invitational College Softball Tournament.
13. Tourist Tax Funding Agreements (2) with Perfect Game Youth Florida, Inc. for the Frozen Ropes event and the Winter Classic event.
14. Parks Contracts for Services with Eric N. Pedrosa Quinones, Jacob Borton, Corinne Ballard, and Jason Hernandez.
15. Tennis Developmental Instructor Agreement with Deborah Greene Coreil.
16. Conditional Utility Agreement for water, wastewater or reclaimed water services with Richard Gauss, for the project known as Terra Bona Estates.
17. Pet Rescue Cooperative Service Agreement with BARC – Boxer Aid Rescue Coalition.
18. SS-603066-18, Agreement for Services with Step Up on Second Street, Inc.
19. Change Order #1 to CC-1099-16 with Wharton Smith.
20. Change Order #2 to CC-1313-17 with SanPik, Inc.
21. Change Order #2 to CC-1342-17 with Corinthian Builders, Inc.
22. Work Order #1 to CC-1391-17 with Schuller Contractors, Incorporated.
23. Change Order #1 to CC-1442-17 with Blackstreet Enterprises.
24. Eighth Amendment to IFB-601852-13 with Clarke Mosquito Control Products, Inc.
25. Sixth Amendment to IFB-601934-14 with Siteone Landscape Supply, LLC.
26. Fourth Amendment to IFB-602286-15 with Precision Power Services, Inc.
27. Third Amendment to IFB-602367-15 with Ten-8 Fire Equipment, Inc.
28. Work Orders #1 and #2 to PS-1473-17 with S2L, Inc.
29. Work Order #1 to PS-1474-17 with S2L, Inc.
30. Amendment #10 to Work Order #1 to PS-5738-10 with URS Corporation Southern.
31. Amendment #1 to Work Order #32 to PS-7643-12 with Southeastern Surveying and Mapping Corp.
32. Work Order #60 to PS-8047-12 with Tierra, Inc.
33. Work Order #83 to PS-8148-12 with CDM Smith, Inc.
34. Amendment #2 to Work Order #57 to PS-8148-12 with Keith & Schnars, PA.
35. Work Order #42 to PS-8186-13 with CPH, Inc.
36. First Amendment to RFP-602742-16 with Spay N Save, Inc.
37. Bids as follows:
IFB-603035-18 from Core and Main, LP; Ferguson Waterworks;
IFB-603017-17 from Lamphier Company d/b/a Lamphier & Company;
BID-602917-17 from Clifton Tower Service, Inc.; Betacom Incorporated; Sky Climber Telecom; KBR Managed Services, LLC; Tower Systems South, Inc.; Expert Construction Managers, Inc.; and
PS-1709-18 from E Sciences, Incorporated; Vanasse Hangen Brustlin, Inc.; DeLoach Engineering Science, PLLC; Geosyntec Consultants, Inc.; CDM Smith, Inc.; Amec Foster Wheeler Environment & Infrastructure, Inc.; Applied Sciences Consulting, Inc.
Agenda Item #18 – 2018-0535
Patt Hughes, Planning and Development, addressed the Board and presented the item as outlined in the Agenda Memorandum. Ms. Hughes pointed out the property is now in compliance and advised staff recommends a total waiver of the Code Enforcement Board liens of $1,352,000 for Case #01-41-CEB and $983,750 for Case #07-13-CEB on the property located at 3427 Gleaves Court.
Commissioner Carey opined they may need to rethink how the County does Code Enforcement. The surrounding residents had to live with this situation for over 17 years, and these fines (over $2 million) continued to collect on a property that isn’t worth a fraction of those fines. She suggested maybe they have a process if somebody doesn’t have the ability to clean up their own mess, the County assists them with that and then liens the property so that the residents don’t have to continue to deal with it. The violations devalue the property around them, and then the owners come and want the Board to totally waive the fines. The County has over $1,000 worth of staff time just in monitoring the property. Commissioner Carey indicated the Board gets this type of request once a month. She asked if there was a way they could be more proactive so they could better serve the community on the code violations that don’t get cleaned up.
Ms. Guillet explained they can do that, and it is a very similar process to what they use on the abandoned homes that the County cleans up. There is a cost associated with that, and they can absolutely do that, but they will have to be prepared to budget money to pay for the up-front cleanup costs. Commissioner Carey stated she would like to look at the past year of people that asked for a forgiveness of their fines. The fines are usually a lot more than the value of the property so there is no hope in recovering the money. She opined it is a process the County is going through for no particular reason. She would like to see what it would have cost the County to be more proactive and how many of the homes have sold because a lot of times people are trying to get a waiver on their fees because they have decided to sell their home.
Chairman Horan asked if there was an inventory of Code Enforcement violations that can be easily accessed and identified as to how long they’ve been pending and do some kind of analysis as to where they might be. Ms. Guillet answered they do and added they will work with the Sheriff’s Office on that because the County does the administrative end of Code Enforcement but the Sheriff’s Office is who monitors the progress of compliance with many of the cases. The County can work with the Sheriff’s Office to see if there is a system and how much capacity they have to not only continue to enforce existing cases but do the regular code enforcement activities that they do. Chairman Horan stated he thinks Commissioner Carey’s suggestion is a good one because they wouldn’t have to wait until there’s a sale or it gets so bad that they are talking about a public nuisance condemnation.
Bryant Applegate, County Attorney, stated the money they collect from lien holders is put into a fund for those kinds of situations. Commissioner Carey advised that Clerk Maloy informed her that they passed a lot-clearing ordinance years ago for this very reason, so there may be an ordinance already on the books that would allow something like her suggestion. Ms. Guillet responded there is a mechanism to do it. Commissioner Carey suggested they go back and look at a year’s experience so they can make a financial decision. Chairman Horan stated if there is some cost-effective way that they can ameliorate those situations before they get to $2 million or however much the lien may be, that would be great because they know they aren’t going to collect $2 million. It would be a good service to try; and if they can fit it into the budget, it would be fantastic. He asked the County Manager to get some information to the Board in three to four weeks. Commissioner Constantine confirmed with Ms. Hughes that the property owners are actively trying to sell the property.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #18, and public input was closed.
Commissioner Constantine stated he concurs with the sentiment that was made by the other commissioners because 17 years is far too long. He respects hardship and is always very thankful to the service of veterans, but there are many ways over a period of 17 years that they could have fixed it. He indicated he doesn’t want to set a precedent in the sense that they are just waiving everything, and it is important that they at least recoup the administrative costs.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a reduction to the Code Enforcement Board liens of $1,352,000, for Case #01-41-CEB and $983,750 for Case #07-13-CEB to the total administrative costs of $1,089.87 on the property located at 3427 Gleaves Court, Apopka, Tax Parcel #18-21-29502-0D00-0050, owned by Terry G. & Rose E. Morley; and authorize the Chairman to execute the Release of Liens upon payment in full.
Discussion ensued regarding a timeframe for the property owner to pay the administrative costs. Ms. Guillet indicated they typically allow for 30 days.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve a reduction to the Code Enforcement Board liens of $1,352,000, for Case #01-41-CEB, and $983,750 for Case #07-13-CEB, to the total administrative costs of $1,089.87 on the property located at 3427 Gleaves Court, Apopka, Tax Parcel #18-21-29502-0D00-0050, owned by Terry G. & Rose E. Morley, require this reduced amount to be paid within 30 days or the liens will revert to the original amounts of $1,352,000 for Case #01-41-CEB, and $983,750 for Case #07-13-CEB; and authorize the Chairman to execute the Release of Liens upon payment in full.
Discussion ensued regarding the language of the motion. Ms. Guillet confirmed they are simply reducing the lien to the administrative costs and the property owner has 30 days to pay it.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #19 – 2018-0562
Mr. Wetzel presented a request to adopt a Resolution for a 35 mph speed limit on North Street from Raymond Avenue to County Road 427 for a 2.4 mile length. He stated the roadway has been posted at 35 mph for at least the last 33 years; however, it was brought to staff’s attention that according to Florida Statute 316.189, the County cannot post any roadway within a business or residence district above 30 mph without Board approval. A search through the Board archives turned up no such approval. The 85th percentile speed data that staff collected, which is the common measure used in traffic engineering to set speed limits, supports the 35 mph posting. Mr. Wetzel advised staff also conducted a speed limit analysis using FHWA’s USLIMITS2 which takes into account other factors besides 85th percentile speed such as volume, crashes, number of driveways, and pedestrian and bicycle activity. This analysis also supported a 35 mph speed limit. Mr. Wetzel stated staff recommends approval and Mark Bevis, Traffic Studies Manager, is also present for any of the Board’s questions. Chairman Horan confirmed with Mr. Wetzel that a study has been done regarding the speed limit. Ms. Guillet stated they will put it into the record and noted the information was sent to all of the commission offices on both the speed analysis for different segments of the road as well as the historical crash analysis. Chairman Horan indicated by unanimous consent, those studies shall be determined to be part of the record (copy not received and filed).
Dr. Chari, 1911 North Street, addressed the Board and read his comments into the record (received and filed). He requested that the Board consider a safer speed limit of 30 mph on the essentially residential street to be more consistent with the speed limits on Raymond Avenue and Palm Springs Drive.
Debbie Alvine, 1871 North Street, addressed the Board and read her statement (received and filed) into the record. Her comments included concerns about noise pollution and traffic. She asked the Board to reduce the speed to 30 mph. Ms. Alvine read a statement (received and filed) from John Edwards Jones, 450 Andrews Drive, who was unable to attend the meeting. In his statement, Mr. Jones asked for the speed limit to be consistent with Raymond Avenue and Palm Springs Drive and voiced his concerns regarding motor vehicle accidents.
Cheryl Adamkiewicz, 1655 Oak Valley Drive, addressed the Board and described an accident involving a bicyclist on North Street. She explained if you are coming east on North Street in the morning, you are blinded by the sun; in the afternoon going west, it is the same thing. Ms. Adamkiewicz stated the reason there are not a lot of bicyclists and children on that street is because as a parent, you aren’t going to put your child in that situation. She expressed her concerns regarding cut-through traffic and asked that the Board reduce the speed limit.
Mike Boyanton, 468 Raymond Avenue, addressed the Board and stated his concern is the number of 18-wheelers and large trucks that are going down Raymond Avenue. He explained there is a wonderful park across the street that he could take his grandchildren to; but because of the traffic, there is no safe way of getting there. Mr. Boyanton told the Commissioners the traffic got very quiet one day, so he walked around to the front of the house and saw a police cruiser parked in the center turn lane. As long as the police cruiser was there, everything was peaceful; but as soon as he left, the noise level resumed.
Speaker Request forms for Dr. Chari, Ms. Alvine, and Ms. Adamkiewicz were received and filed.
A Written Comment form from Don Epps, 144 Peacock Drive, was received and filed.
Commissioner Carey stated this is an enforcement issue. She explained many times it is bringing awareness to the traveling public by either having the flashing speed limit signs that say how fast you are going or having the Sheriff’s Office writing tickets. She noted pretty much every time they do that, they find that many of the residents that live in the area are the offenders. Commissioner Carey stated sections of roads can be posted for local deliveries only and suggested such postings from Palm Springs Drive heading west down to Raymond Avenue. Ms. Guillet responded that there is some signage out there, and Commissioner Henley noted they could be more prominent than they are.
Ms. Guillet reminded that the item on the Agenda is just regarding speed, but she thinks Mr. Wetzel is prepared to address the issue of the truck traffic as well. Mr. Wetzel explained there are local-delivery-only signs posted in that area, and there are also some signs with a posted weight limit of 10 tons; those signs were posted in the late ‘90s. The problem is that it is very time consuming to enforce this type of thing because you basically have to follow a truck the entire route to make sure that it isn’t cutting through an area that it shouldn’t be. Ms. Guillet asked if Mr. Wetzel could review the placement of those signs, and Mr. Wetzel answered they can definitely do that. Commissioner Henley pointed out they are not very large signs.
Commissioner Dallari asked Mr. Wetzel if any of the noise issues have been looked at or if they just looked at speed. Mr. Wetzel answered they primarily looked at the road speed. He is not a noise engineer; but as to safety, they did do a crash analysis. In Ms. Alvine’s section there were 19 crashes over six years which is relatively pretty low. As far as traffic calming, people drive based on the characteristics of the road; signs don’t really do anything. There are other things that could be done to affect speed. If the County moves forward and develops the golf course into a park, that may give them an opportunity to redo North Street to add in bike lanes, make it complete streets, and do other things to control the speed of the traffic. He reiterated that people drive the way the road looks and the way it operates. That is the whole theory of the 85th percentile speed; it assumes 85% of the people drive a reasonable speed based on the road conditions. Signs really do not have a great impact on drivers unless law enforcement is out there 24/7, which they can’t be. Raymond Avenue is a perfect example. That speed limit was lowered artificially from 35 mph to 30 mph back in 1999, and it had no effect on vehicle speeds; the 85th percentile on Raymond is well over 40 mph. Mr. Wetzel advised changing the sign to 30 mph will not affect the way people drive.
Commissioner Carey stated when North Street was expanded, there was a design speed. She asked if the design speed was 35 mph. Mr. Wetzel answered staff could not find the plans, but they found it for the eastern portion; and east of Palm Springs Drive was 40 mph. Commissioner Carey confirmed with Mr. Wetzel the design speed for east of Palm Springs Drive was 40 mph but they have it posted at 35 mph.
Commissioner Dallari stated there is no doubt they can adhere to what staff is talking about and post it legally at 35 mph. He asked if there is a way to look at the corridor and make it something more enhanced. Chairman Horan opined one type of sign that does affect traffic is the kind that flashes what speed you are going. He thinks there are some traffic calming things they could do in addition to the speed. He stated he agrees with Mr. Wetzel that when you change the nature of the street to more of a complete streets concept, you change the nature of the way people address the road. Chairman Horan noted in his own experience on North Street, it is difficult to even get to 35 mph with cars coming in off of the side streets.
Commissioner Constantine stated they are dealing with something in a vacuum. What is concerning to him is the long term, the big picture. There is no question the area is going through a potential transition, so there are circumstances now that may not exist in perhaps 2021. He discussed the increase in truck traffic that Mr. Boyanton brought up. Commissioner Constantine stated he likes the idea of complete streets and thinks they should look at that when the park goes in, but right now they have to take a more holistic view of what’s happening in that area short of just the traffic engineer saying 35 mph is a good speed limit to post. He asked the County Manager if there is something the County can do to look at it with a more holistic approach. Ms. Guillet answered they can and they frequently do safety studies and other types of studies. They are installing some safety improvements on SR 46 which also experiences a lot of pass-through traffic. She added they will take a closer look at it; but before staff engages in that, she would like to have an understanding from the Board of exactly what it is they want staff to address. Mr. Wetzel and his group are responsible for moving traffic, so they’ve looked at it from a moving traffic standpoint. If there are other quality of life issues that the Board wants staff to look at, they can do that; but she needs to be clear on what that is so they can accomplish what the Board would like for them to accomplish in doing a more in-depth study.
Ms. Guillet stated based on what they’ve heard today, whatever the Board decides to do on the speed limit probably isn’t going to have that much of an impact on changing things out there. She isn’t suggesting they don’t lower the speed limit, but she is trying to manage expectations. So if they do lower it, it probably isn’t going to have that much of an impact on the issues that were raised today. She noted you take an action to fix something and it impacts something somewhere else. She wants to make sure if they have staff take a closer look at the issue, they are looking at exactly what it is the Board wants them to look at.
Commissioner Dallari stated if you look at the area, it’s really the box of SR 434, SR 436, I-4 to Ronald Reagan. He agreed that when you make a change it will have a ripple effect and that they have to manage expectations. Ms. Guillet commented they may have some limitations on what they can do and changing behaviors is sometimes a difficult thing to tackle. Chairman Horan stated the thing that struck him about North Street was that it was a collector road but it had a lot of curb cuts and a lot of points of entry. He likened it to Winter Springs Boulevard in his district. It is about 4 miles long, has a lot of curb cuts, and the speed limit is 30 mph. Chairman Horan explained North Street is operating as a municipal collector road. He asked if they can look at the connecting roads and reduce the danger by doing a right-only out of a subdivision. Ms. Guillet answered they can look at that but reiterated if you push one side of the balloon, it pokes out on the other side.
Commissioner Henley stated he has driven that road daily, sometimes numerous times, since 1963. The traffic on North Street and Palm Springs Drive is as busy as any road in the county and busier than most, but there are situations there you are not going to change. He pointed out that that road serves two large schools and you can’t change the traffic for that. The road also has Waste Pro’s operation. There is a FedEx, UPS, and numerous industrial businesses on Bennett Drive that provide jobs for that community. Several years ago, those operations were directed to turn left to Ronald Reagan and then go to SR 434, except for those making neighborhood deliveries. Commissioner Henley opined the road noise is going to be hard to change because of the amount of traffic. He doesn’t think slowing down the traffic by 5 mph is going to solve any problem there. He stated he doesn’t know what the solution is; but as much traffic as they have, if they slow it down, they are going to make a much longer wait for those trying to get out of all of the side roads which is already a challenge at times.
Commissioner Henley reminded the Board that the only thing before them today is the speed, and they can leave it as is or they have the choice of changing it. He stated if changing solved the problems, then that is the way they should go; but he is not convinced that they wouldn’t have other unintended consequences. Chairman Horan agreed. Commissioner Carey stated whether the speed limit is 30 mph or 35 mph, enforcement is going to be a major part of what needs to happen and the County needs to make a request for some enforcement either by having signs flashing or other things. The intersection of Palm Springs Drive and North Street needs to be looked at because it is a very tight intersection. She expressed she could go either way with the speed limit, but enforcement has got to be a part of what they look at. Commissioner Carey asked the County Manager to look at the intersection and make sure that the County requests enforcement. She pointed out that traffic patterns are going to change once all of the construction is complete around there, so right now they need to focus on enforcement.
Commissioner Constantine stated he hears that there’s probably a consensus from a majority of the commission that they want to keep the speed limit at 35 mph; but he truly believes that in addition to enforcement, they need to look at the nearby intersections. He discussed enforcement in Altamonte Springs and how it has calmed traffic. He suggested a flashing light on North Street and making the signs more prominent. Commissioner Constantine advised in looking at what might occur in the Rolling Hills area with the potential park, they should also look at what they can do for that road as they are doing the park because that will be a prominent road that will have ingress and egress to the people that are going to use that park facility.
Ms. Alvine stated she has studied this issue for nine months, read extensively about the subjects, and can answer the Board’s concerns. She explained that reducing the speed limit from 35 mph to 30 mph and making people adhere to it is a 35% reduction in noise. Ms. Alvine pointed out the residents are not complaining about the number of cars. Those roads can handle the volume of cars and they can do it in conjunction with compatibility with homes. She advised 30 mph is a start and it needs enforcement. The National Transportation Safety Board says enforcement is important. She explained there are simple things that can be done like narrowing the wide areas of North Street with bike lanes; it only requires a stripe and bike symbols. The road is wide enough to handle bike lanes. Ms. Alvine discussed crosswalks and suggested striping and signage.
Chairman Horan reminded the only issue before the Board is the speed limit. He stated they have identified that the whole area needs to be looked at for not only what is there today but what will be there in the future when the Ultimate I-4 is finished, and the County will be working with the neighborhood on that. He advised they can make a commitment to the entire area that they are going to take a very close look at the entire region in terms of improving the traffic flow.
Commissioner Dallari stated in regard to expectations, they should be looking at restriping the area and crosswalks because safety is the Board’s primary concern. Commissioner Carey asked what the speed is on Palm Springs Drive, and Ms. Alvine answered 30 mph. She added Raymond Avenue is 30 mph and Seminole Avenue is 25 mph. Ms. Alvine noted by having roads inconsistently marked, you are signaling to drivers who are speeding down North Street that once they get on Raymond Avenue, it’s okay to speed. Commissioner Dallari reiterated the only issue regarding this item is the speed limit.
Commissioner Constantine asked what would it harm to make it 30 mph as they are doing the potential studies and looking at it and considering alternatives.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve and authorize the Chairman to adopt a Resolution for 30 mph speed limit on North Street from Raymond Avenue to CR 427 for a 2.4 mile length.
Under discussion, Commissioner Dallari clarified he seconded the motion only for discussion. He asked staff what the effects are of lowering the speed limit to 30 mph. Mr. Wetzel answered unless law enforcement is out there 24/7, just changing the signs will probably not do anything. As to law enforcement, he doesn’t know their willingness to enforce something that they don’t think is right. Chairman Horan asked if a flashing light that said 30 mph would help. Commissioner Carey stated if they are going to drop the speed limit, it is difficult to start enforcing it immediately because people are used to going 35 mph. If they lower it, she suggested they ask the Sheriff to put out warning signs that flash the speed limit and flags on the signs that bring attention to them. Ms. Guillet pointed out the Sheriff’s Office is the expert in enforcement, so the County will coordinate with them if the Board decides to make the change.
Ms. Alvine submitted a traffic study done on Raymond Avenue when the speed was reduced from 35 mph to 30 mph (copy received and filed). She pointed out that study was before it was restriped. When restriping happened, it changed the nature of the road. At 35 mph, the average speed was 39.5 mph. After it was reduced to 30 mph, the average speed went down to 33.5 mph; and that is significant for the people that live on that street.
Commissioner Henley advised he will not be supporting the motion because it has been 35 mph for years, and to try to change it all at once when you can’t change any of the conditions is not a solution and it could very well have some unintended consequences. Commissioner Carey agreed with Commissioner Henley. She added maybe it gets split zoned where it’s 35 mph from CR 427 to Bennett Road and 30 mph as you go into the residential neighborhood. She noted she doesn’t know the answer; so until she has more information from staff about what could be done and how that would impact the speed limit, she doesn’t see a point in changing it.
Commissioner Dallari suggested they continue the item. Chairman Horan reminded there is a motion and a second to lower the speed limit to 30 mph and asked if they would like to withdraw the motion. Commissioner Dallari withdrew the second causing the motion to die. Commissioner Constantine opined continuing it may be the answer. He added the fact of the matter is, they are asking staff to look at some things. Discussion ensued regarding the previously mentioned surrounding speed limits. Commissioner Carey agreed they should continue it until they have staff look at the options and talk to law enforcement.
Chairman Horan stated the County Attorney has advised him that in order to continue the item, they have to approve the resolution to continue it at 35 mph; otherwise, it is still illegal. Commissioner Constantine stated he does not have any problems with what the engineer has done on pure numbers. He would like to make a motion with the understanding that staff is going to take a clear and defined interest in it.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve and authorize the Chairman to adopt appropriate Resolution #2018-R-31 for 35 mph speed limit on North Street from Raymond Avenue to CR 427 for a 2.4 mile length.
Under discussion, Commissioner Dallari asked when they should expect to have a recommendation from staff. Ms. Guillet answered she will have to talk with staff and see what all would be involved with that. Chairman Horan asked if it is safe to say a couple of months. Ms. Guillet replied they can shoot for a couple of months. She stated she wants to manage expectations and she will need to sit down with Mr. Wetzel and his group to see everything that is going to be involved in the study that the Board has requested. Commissioner Dallari asked when they can report back to the Board, and Ms. Guillet answered she can give a status report in two months.
Ms. Alvine asked if she can be a part of those meetings, and Ms. Guillet answered they will certainly engage the community.
With regard to public participation, no one else in the audience spoke in support or in opposition to Item #19, and public input was closed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan announced the work session regarding the Stormwater Master Plan that was scheduled to follow today’s morning session will be postponed until after the afternoon session.
Chairman Horan recessed the meeting at 11:58 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Deputy Clerk Kyla Farrell, who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Henley, seconded by Commissioner Dallari, 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.
ENGLISH ESTATES LAKE RESTORATION AND
AQUATIC VEGETATION AND LAKE MANAGEMENT
MSBU NON-AD VALOREM CAPITAL ASSESSMENT
Agenda Item #20 – 2018-0589
Proof of publication calling for a public hearing to consider adoption of a Resolution confirming the non-ad valorem capital assessment of $1,820 per unit for the English Estates Lake Restoration and Aquatic Vegetation and Lake Management MSBU as per completion of Phase I: Restoration, received and filed.
Joseph Saucer, MSBU Project Coordinator, addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Saucer stated the purpose of today’s public hearing is to confirm completion of Phase I Restoration at English Estates Lake and to finalize the capital assessment assigned to the benefiting properties for the restoration work completed in December of 2017. He noted that the MSBU Program has confirmed with the Watershed Management Division that the project has been completed with no outstanding issues. Based on the final project cost of $40,920, the cost allocation to be funded by non-ad valorem assessment is $10,920. The capital improvement assessment assigned to each property within the assessment boundary is $1,820. The owners of the assessed property have the option of paying the assessment in full without financial charges within 30 days following the filing of the authorizing resolution or participating in a County-sponsored installment payment plan.
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 Henley, to approve and authorize the Chairman to execute appropriate Resolution #2018-R-32 confirming the non-ad valorem capital assessment of $1,820 per unit for the English Estates Lake Restoration and Aquatic Vegetation and Lake Management MSBU as per completion of Phase I: Restoration, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
2018 CAPITAL IMPROVEMENTS
PROJECT SCHEDULE ANNUAL UPDATE
Agenda Item #21 – 2018-0542
Proof of publication calling for a public hearing to consider adoption of an Ordinance containing the annual update of the Capital Improvements Schedule for the Seminole County Comprehensive Plan, received and filed.
Jeff Hopper, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Hopper stated the Capital Improvements Element Comprehensive Plan is required by Chapter 163 of the Florida Statutes and enables the County to implement the Plan's goals, objectives, and policies. Each year, the adopted Schedule of Capital Improvements is updated to ensure that it matches the County's newly adopted fiscal year budget and the adopted five-year Capital Improvements Program. The proposed updated Schedule of Capital Improvements only includes items previously reviewed and adopted by the Board of County Commissioners through the annual budget process. Mr. Hopper stated that staff is recommending adoption of the ordinance.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Carey, to adopt Ordinance #2018-5 containing the 2018 Capital Improvements Project Schedule Annual Update for the Seminole County Comprehensive Plan, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
HIDEAWAY COVE PD REZONE/Madden, Moorhead & Stokes
Agenda Item #22 – 2018-0006
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) and R-1AA (Single Family Dwelling) to PD (Planned Development) for a 92-lot single-family residential subdivision on approximately 45 acres, located on the east side of Simmons Road, one-half mile east of Lockwood Boulevard, Madden, Moorhead & Stokes, received and filed.
Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Giles explained that the Applicant proposes to develop a single-family residential subdivision of 92 lots with a minimum lot size of 7,800 square feet and a maximum density of 2.59 dwelling units per net buildable acre. She then discussed the future land use designation for the site and for the adjacent properties. Ms. Giles stated the site will be accessed from Simmons Road, which is classified as a private road and will have to be improved to County standards. Utilities will be provided by Seminole County. Ms. Giles stated the site contains wetlands and lies within the Econ River Protection Area. She discussed the required buffers. The proposed development is consistent with the Comprehensive Plan and the Land Development Code. The Planning and Zoning Commission recommended approval and staff also recommends approval.
Chad Moorhead, Madden, Moorhead & Stokes, addressed the Board and stated he agrees with staff’s recommendation.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2018-6 enacting a Rezone from A-1 (Agriculture) and R-1AA (Single Family Dwelling) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 45 acres, located on the east side of Simmons Road, one-half mile east of Lockwood Boulevard, as described in the proof of publication, Madden, Moorhead & Stokes.
Districts 1, 2, 3, 4 and 5 voted AYE.
EAST LAKE DRIVE PD REZONE/Jim Mehta
Agenda Item #23 – 2018-0005
Proof of publication calling for a public hearing to consider a Rezone from R-1AA (Single-Family Dwelling) to PD (Planned Development) for a 16-lot single-family residential subdivision on approximately 9.47 acres, located on the south side of East Lake Drive, approximately 500 feet south of Center Drive, Jim Mehta, received and filed.
Matt Davidson, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Davidson stated that the Applicant is requesting a rezone in order to develop the subject property as a single-family residential subdivision with a maximum of 16 lots. The proposed lots will have a minimum lot size of 8,400 square feet and a minimum width at the building line of 70 feet. The subject property has a Low Density Residential Future Land Use designation, which allows a maximum density of four dwelling units per net buildable acre and the Applicant is proposing a maximum density of 2.12 dwelling units per net buildable acre.
Mr. Davidson explained that the adjacent subdivisions along the western perimeter both have stormwater drainage tracts that are at minimum 50 feet wide abutting the subject property and pointed out that the proposed development will not significantly impact the existing wetland that is located in the middle of the site. He added that the Applicant is proposing to place a stormwater pond on the southern portion of the property that is adjacent to the Deer Run subdivision. Mr. Davidson stated the project is compatible with the trend of development in the area. He informed the Board that the Planning and Zoning Commission voted unanimously to recommend approval and staff is also recommending approval.
Chad Moorhead, Madden, Moorhead & Stokes, stated he has no presentation but did want the Board to know that he has been talking with Jim Luetzow, from the Deer Run subdivision, about some drainage concerns; and he has also been working with staff on it. He offered to answer any questions that the Board might have.
Commissioner Carey stated that she understands there is a drainage easement across this property for the benefit of Deer Run. She wondered if Mr. Moorhead is talking to them about how he will be addressing that issue as this develops. Mr. Moorhead reported there is no drainage easement across this property that he is aware of. The outfall from the pond to the west from Deer Run discharges into the wetland and they are not taking the wetland away. The drainage will continue to go as it has been. Mr. Moorhead stated he is working with the County to try and improve the situation where some drainage might be blocked right now. Commissioner Carey confirmed with Mr. Moorhead that the drainage is impacting the site, but they don’t have a drainage easement. The Commissioner stated she knew there was some drainage that was coming from Deer Run, and she wanted to make sure it was being accommodated. Mr. Moorhead answered that it was.
Commissioner Dallari requested that Mr. Moorhead talk about, in general terms, the discussions he has had with Deer Run about the drainage; he asked what Mr. Moorhead is doing. Mr. Moorhead advised that he has met with staff on options for the outfall for the site. He noted there are two County ponds to the east of the property. When those ponds were constructed, they hindered the outfall from their wetland. They are working with staff to try to put the historical outfall back in place or close to it. Commissioner Dallari asked Mr. Moorhead if he is committing to addressing the issues in Deer Run; and Mr. Moorhead responded that for this particular area, he was.
Chairman Horan reported that there were two updates for this item; the master development plan and the minutes from the February 7, 2017, P&Z meeting were added to the record for this agenda item.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt Ordinance #2018-7 enacting a Rezone from R-1AA (Single-Family Dwelling) to PD (Planned Development); and to approve the associated Development Order and Master Development Plan for a 16-lot single-family residential subdivision on approximately 9.47 acres, located on the south side of East Lake Drive, approximately 500 feet south of Center Drive, as described in the proof of publication, along with all comments that Mr. Moorhead made addressing the property regarding the drainage for Deer Run and associated only with this property, Jim Mehta.
Districts 1, 2, 3, 4 and 5 voted AYE.
AMENDING CHAPTER 20, ANIMALS AND FOWL, OF
SEMINOLE COUNTY CODE/Retail sale of cats and dogs
Agenda Item #24 – 2018-0590
Proof of publication calling for a public hearing to consider an Ordinance amending Chapter 20, Animals and Fowl, of the Seminole County Code, received and filed.
Chairman Horan advised that there has been a late update on this item. He stated that on page 11 of the proposed ordinance, the words “hobby breeder” have been deleted from lines 256 and 263 and also on page 12, line 274. Commissioner Dallari stated he wants to submit his ex parte communication (received and filed) for any and all public portions of today’s meeting.
Meloney Lung, Assistant County Manager, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Lung stated this ordinance requires an adoption-based model for the sale of cats and dogs and will encourage pet consumers to obtain dogs and cats from shelters and/or animal rescue organizations. Ms. Lung explained that last February, staff received direction from the Board to move forward with this ordinance. Staff reviewed multiple ordinances from across the state and throughout the United States. They spoke with concerned citizens as well as with animal rescue organizations to develop their recommended changes to Chapter 20 in this ordinance. Ms. Lung noted, as the Chairman mentioned, there were a couple of late changes made yesterday and the Board should have the new pages.
Chairman Horan noticed the signs in the audience and advised that one of the things they wanted to clarify in the original iteration of the ordinance was that a hobby breeder could not sell to a pet store or something else like that. He added that has been clarified. Ms. Lung stated it was a little confusing; so they removed it. The Chairman stated he did not know whether it was confusing but noted that it might have been a loophole. Ms. Guillet explained that the term was removed because it was not consistent with the adoption-based approach. She stated having the hobby breeder sell in a retail store was not consistent with the adoption-based approach. Chairman Horan explained that the bottom line is that a hobby breeder can give but cannot sell. Commissioner Carey stated they can sell directly. She stated the term was only struck in retail sales. Ms. Guillet stated they can sell their one litter a year per household; they can transfer however they need to transfer.
Carla Wilson, 702 Heather Lane, addressed the Board and explained that it was a year ago when she and Bryan brought this to their attention. Ms. Wilson thanked all of the Commissioners, the County Attorney, and the County Manager’s Office for their great work on this ordinance and for a clean ordinance with no loopholes. As a resident of Seminole County for 20 years, she is proud that the Board is being proactive to stop a problem before it happens.
Barbara Emrys, 1322 Forest Drive, addressed the Board and stated she lives in Sanford and has been very aware of how knee-deep they are in homeless cats. Everywhere she has lived in Sanford, cats have been at the door begging for homes. Ms. Emrys praised her heroic friends who have trapped and neutered dozens of strays and praised organizations like some of the ones here today. Where shelters are overflowing, it is wonderful to see this ordinance; and she urged the Board to pass it.
Rebecca Lynch, 801 Stonehenge, addressed the Board and stated she is a volunteer with Poodle and Pooch Rescue. Ms. Lynch noted that rescue organizations in Central Florida and specifically Seminole County are inundated with pets that they are taking regularly from people who buy from pet stores and strays on the street. If there is any way to stop adding to the pet overpopulation problem, she is certainly for that. She stated she is so grateful for the Board considering this ordinance.
With regard to the Poodle and Pooch Rescue, Commissioner Carey asked Ms. Lynch if she takes dogs from Seminole County’s shelters; and Ms. Lynch responded that they do. She added that they take dogs from other shelters as well and that they take poodles to pit bulls to Chihuahuas. Commissioner Carey asked what the adoption fee was; and Ms. Lynch replied the adoption donation varies depending on the dog’s age, their health, and their adoptability. The range is anywhere from $100 up to $500. Commissioner Dallari asked what type of animal the more expensive fee is for. Ms. Lynch responded a more expensive adoption fee would be for a young, healthy puppy. She noted they are 100 percent a 501(c)(3) non-profit, volunteer-based organization; so the money they raise on puppies and highly adoptable dogs goes towards the vetting of dogs that are special needs and need surgeries and additional medical care. Commissioner Carey confirmed with Ms. Lynch there are no salaried personnel at all.
Maria Bolton-Joubert, 524 Meridale Avenue, addressed the Board and stated that she used to be a resident of Oviedo. Ms. Bolton-Joubert advised that she has helped with rescue on and off for probably eight or nine years, and this is really important to her. She advised that she has spent thousands of dollars of her own money over the years for rescue. Ms. Bolton-Joubert stated that she helps in Orange County and then talked about the huge overpopulation problem in Orange County. Nationwide there are over 4,000,000 homeless cats, dogs, kittens, and puppies killed with taxpayer money; it is an ugly truth. Ms. Bolton-Joubert stated the ordinance is really important because it is out of sight, out of mind. It is senseless killing that they don’t need; they need to stop it.
Katrina Shadix, 995 Oklahoma Street, addressed the Board and thanked Carla and Bryan Wilson for doing this for the dogs.
Melanie Marsh, 4126 Forest Island Drive, addressed the Board to thank them for addressing this topic. Ms. Marsh stated she is against having any types of dogs or cats from any mills being sold in stores. There are quite enough homeless dogs and cats now. Ms. Marsh talked about her two dogs and how one came from a puppy mill in Tennessee and one came from the Seminole County Animal Services (but probably originally came from a puppy mill). She emphasized that dogs are just commodities for these people and that they have no empathy at all; the dogs are objects to them.
Bryan Wilson, 702 Heather Lane, addressed the Board to thank them. Mr. Wilson also thanked County staff for taking so much time to try and research and really understand the issue. They have done a tremendous job in understanding the issue and writing a very strong ordinance. Mr. Wilson thanked Commissioner Constantine who included the puppy mill language in addition to just the retail sale of the dogs and cats that is ordinarily presented in these issues. He pointed out that the reason there are so many people present today is because this is a very popular issue and a very concerning issue for the residents, not just of Seminole County but also for residents of the state of Florida. He noted that nearly 60 communities have passed similar bans, and there are more than 200 across the country. This is a growing trend, and he is glad that Seminole County is on the humane side of this issue.
Mr. Wilson stated beyond this ordinance today, they really want to talk to everyone in the room as well as to their elected officials. While they are talking about this today and passing laws to ensure cruelty does not happen here in Seminole County, in Tallahassee the Legislature is trying to pass a law that is going to strip all of the rights they have to make these kinds of changes in their community. They are trying to create preemption laws that will make it where any of the local ordinances that are being passed can be taken away. Mr. Wilson encouraged everyone to contact their state senator and state representative; here in Seminole County that would be Senator Simmons and either Representative Brodeur or Representative Plakon. He suggested they let them know that the residents do not want that preemption language to be allowed into any bills, either as amendments or as a stand-alone bill.
Chairman Horan advised what they really need are people in the audience to talk to the legislators about preemption and the importance of home rule because the Commissioners are talking to them about it every single day. He remarked that it is really a disquieting trend.
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 and Written Request Forms were received and filed.
Commissioner Constantine reported there have been over 250 local governments that have passed pet shop sales bans throughout the United States, and those bans have been upheld in six federal courts. The Commissioner talked about the condition of pet store puppies and pointed out that shelter intake and euthanasia rates decline in cities and counties that prohibit these sales. He added that he thinks everything about this is positive, and it proves once again how great Seminole County and the people that live here are for being the ones that have been pushing this.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt Ordinance #2018-8 amending Chapter 20, Animals and Fowl, of the Seminole County Code, as described in the proof of publication.
Under discussion, Commissioner Carey stated when this discussion first started, it was for the Board to look at an adoption policy as a way of running their shelter because the puppy mill issue was an issue for all of them. She knows it took a little longer than everybody would have liked; but she thinks at the end of the day, by combining two issues into one policy, they have come up with something that is a little bit unique and really in the best interest holistically of the whole problem, not just the puppy mill issue but also the adoption model for the pet stores. The Commissioner thanked staff for the great job they did putting this together.
Commissioner Dallari thanked everyone for all of their hard work. He requested that the citizens contact Tallahassee to make sure the ordinance is not preempted, which he believes is the real issue. Chairman Horan also commended the County Attorney’s Office for all the hard work that was put into this and putting the two policies together.
Districts 1, 2, 3, 4 and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
Marilu Dempsey, 655 Little Wekiva Road, addressed the Board to state she lives in the Spring Oaks subdivision, and she wanted to talk about the rate of development that is happening and possibly the ability to strengthen the stormwater retention requirements for new developments. Ms. Dempsey was on Channel 2 news with the helicopters overhead when they were taking people out of their homes because they were flooded. She pointed out that had not happened before; so storms are getting stronger and they are getting more rain. She suggested they can either buy the houses and create another stormwater retention area there or make new developments take care of their own stormwater.
Chairman Horan told Ms. Dempsey that her comments are very timely because this Board is going into a work session right after this meeting where staff will present the Seminole County Master Plan Update. All of the Commissioners have been briefed on it; and the most interesting aspect about it is between now and 2040, they can do what they need to do to manage stormwater as long as they find $95 million to do it. The Chairman invited Ms. Dempsey to stay for the work session.
Speaker Request Form and Written Request Form for Ms. Dempsey was received and filed.
Cindy McGlynn, 213 Secret Way, addressed the Board to talk about the night of November 12, 2017, when she and her sister‑in‑law, Donna Syracuse, were returning from Secret Lake Park with their three small dogs, which were on leashes. Ms. McGlynn then described a brutal attack by two large aggressive dogs that came from across the street and killed Reese, Ms. Syracuse's dog. She explained that she has described this event because she needs the Board to hear the brutality they all endured and that killed Reese. It is a nightmare that should not have occurred and cannot happen again.
Ms. McGlynn stated that after the nightmare, they discovered that their nightmare continued. The local ordinances were poorly worded, and the inability to enforce these ordinances did little to protect innocent law‑abiding citizens. She reported that they spoke to the City, with Commissioner Dallari, and met with many officials. They are happily working with them in trying to effect change. She emphasized that they really need to hold irresponsible dog owners accountable. She noted that her family lives with this nightmare every day because the owner still lives across the street with an irresponsible attitude toward his dogs.
Ms. McGlynn stated she has vowed to be Reese's voice and to take action until something is changed and they are protected. She asked each of the Commissioners to lead in this charge because she wants to live in a community that is happy and healthy. They live across from Secret Lake Park, and it is advertised as the gem of the county. The citizens are encouraged to get out and enjoy the parks and communities. In order to do that, they need to take action and come together and work together. Ms. McGlynn advised that is what they are asking for, not only justice for Reese but also for the Board to lead them in effecting this change.
Commissioner Carey confirmed with Ms. McGlynn that she lives within the city limits of Casselberry. Commissioner Carey stated she knows they have a leash law in Seminole County, and she asked the County Manager whether that law applies to all of the cities. Ms. Guillet stated their ordinance for dangerous dog provisions apply throughout the county. Commissioner Carey asked about leash laws. She wondered whether every city has to adopt its own ordinance or whether it is a countywide ordinance. Ms. Guillet stated the provisions in the code do require that their animal control provisions apply countywide and require control of domestic animals; they have to be maintained under the owner's control.
Commissioner Dallari advised that he has been working on this for the past several weeks. He stated he appreciates Ms. McGlynn coming today, and he feels sorry for her and her family and for Reese. Unfortunately, it happened; but he thinks there is something they can do. He has talked to Alan Harris as well as the various people at Animal Services about this. Commissioner Dallari advised that the County's current ordinance does not cover individuals who own animals, aggressive dogs, who go after and bite other animals. That is the issue, other animals. Due to this limitation in the ordinance, Reese was viciously attacked and killed in November. Since then, Animal Services has been researching animal ordinances in other counties throughout Florida.
Commissioner Dallari requested that staff correct the definition and identify unprovoked dog bites that occur from dog to dog. The ordinance should address issues of single animal attacks; and they should research it to identify and classify it as attacking animals that are aggressive. If this had been in place, the owner of the animal that killed Reese would have received a citation earlier this year and it may have prevented this from occurring. He added that in addition, their citation rates are grossly under what other counties have; and he thinks they need to be asking staff to bring this back so that they can look at it in more depth. Commissioner Carey pointed out that if the dog that attacked their dog would have been on a leash, this would not have occurred. She added when Ms. Syracuse swooped down to pick up her dog, she could have been the subject of the attack. Commissioner Dallari stated actually, she was. Commissioner Carey commented that if the dog attacks her, they obviously are addressing that.
Ms. Guillet stated while their dangerous dog ordinance applies countywide, that is the deficiency in it; it does not apply to a situation like they heard about today. She stated they have been working on a staff level reviewing different ordinances and potential revisions. She believes the purpose of today is to "get a read" from the Board and get confirmation. Commissioner Dallari suggested they direct staff to bring this back so they can enact an actual ordinance to protect animals as well as other owners to close up this loophole and to look at the fee structure of citations. Commissioner Constantine stated if that is a motion, he will second it. Chairman Horan asked whether there was unanimous consent for staff to do that. No objections were voiced.
Commissioner Carey asked whether these dogs were still terrorizing the neighborhood and not on leashes. Ms. McGlynn stated because she and Ms. Syracuse were injured, the dogs were taken by Animal Services; but the way the ordinance is written, they have to be voluntarily given to Animal Services. She added that the one attacking dog was euthanized. Ms. McGlynn stressed that the owner can still own dogs and has habitually owned dogs and treated them improperly creating an aggressive animal. Chairman Horan wondered whether there were state criminal statutes that covered this situation in terms of gross negligence. Commissioner Dallari stated they call this animal-to-animal and that is the loophole. Mr. Applegate reported he is going to work with County staff on this. He then relayed a story about his own dog being brutally attacked. Mr. Applegate advised this is a serious matter, and he is glad it has been brought to their attention. Ms. McGlynn stated for them, as citizens in the community, they have had tremendous help and support from the City level up to the County level and the local officials. She reiterated they want to encourage the Commissioners to lead this charge, not follow. Mr. Applegate advised he will provide the Commissioners with what the status of the law is and case law under that law so that there is a clear picture.
Speaker Request Form for Cindy McGlynn was received and filed.
Karen Nolen, 265 Secret Way, addressed the Board and stated she has lived here for 38 years. She is a neighbor and family. On behalf of her sister‑in‑law, Donna Syracuse, Ms. Nolen read Ms. Syracuse’s statement (copy not received and filed) into the record. The statement described the night her dog, Reese, was killed and how Casselberry Police, when they arrived, said it was a civil issue and that animal control is handled at the County level. Ms. Syracuse stated the County said that it can only do what the ordinance allows them to do, and she was shocked to learn the inadequacy of the County ordinances. She discussed the fines for the killing of Reese and how, if the owner is fined and refuses to pay those fines, there is no penalty. Ms. Syracuse discussed her neighbor’s behavior after the attack and how his dogs had attacked other people’s pets. Ms. Syracuse next posted the story on Casselberry Happenings, and it was picked up by Channel 6 and local Fox. She also shared the story at the City Commission meeting. They got over 1,000 signatures on petitions for changes to the ordinances and City officials, along with Michelle Ertel and others, have been working with them to make some meaningful changes. Ms. Syracuse asked that the elected officials at the County level join them and take the necessary steps to change the ordinances and make the penalties more severe.
Commissioner Carey stated they heard earlier about adoption fees because she was curious about adoption fees; what do rescues charge and what does the County charge. She noted their adoption fees are $80 for a dog and $60 for a cat. If they are sterilized, it is $20 and $10. She pointed out they heard earlier that the rescue firm's fees range from $100 to $500 to adopt a new dog. The fees for Pet Rescue by Judy range from $250 to $350 and higher. She thinks when they think about the penalties, there needs to be some serious consequence for them not taking responsibility and not just a slap on the hand. Then hopefully through some other source, maybe there is an outlet for the injured party to go through. She is sure there is some way to sue to be reimbursed for the loss of their dog. More than just the emotional hurt of what happened to these folks, it is a financial issue as well. Commissioner Carey commented that when they consider what the fines are for these violations, she hopes that it is significant.
Mr. Applegate advised that Florida law does allow the person who is attacked or whose pet is attacked to sue the dog owner. There is a specific statute holding that they can be held liable civilly for that. There is also an appeal procedure for the dog owner if the dog is confiscated. He stated he will provide a full report so that the Commissioners have a clearer picture. Chairman Horan asked what the maximum financial penalty that the County can impose through the ordinance was, and Mr. Applegate replied it is $500.
Speaker Request Form for Karen Nolen was received and filed.
Lisa Reddy, 699 Green Turtle Court, addressed the Board and stated she is here to encourage the Commissioners to encourage their legislators to not pass House Bill 883 with the subsection that would require a referendum every ten years on the rural boundaries. Ms. Reddy pointed out that as it is, the area is getting smaller and smaller. Oviedo is coming out 426 and Sanford is coming up 46 and the area left for animals is getting smaller and smaller. She talked about her five acres and the animals that live there. She believes if the Commissioners or the Legislature push this and allow more development out there, there will be nowhere else for the animals to go but the ocean at this point. Ms. Reddy advised she is calling her state representatives to tell them this is not a good idea. The people in Geneva, Chuluota, and Black Hammock would like to preserve this area for animals, for hiking trails, and for rivers that people can recreate on. They need to preserve this for the future.
Commissioner Carey suggested that Ms. Reddy keep in mind that it was a prior Board of County Commissioners who put the rural boundary in place, and it was this Board who put it on the ballot to confirm it in 2006. She thinks that most of the Commissioners have expressed their concerns, but they express their concerns about a lot of things. The Commissioner noted that the power of the people is much greater than the power of the five Commissioners sitting here. She encouraged Ms. Reddy to reach out and get a campaign going as well. Commissioner Dallari suggested when Ms. Reddy reaches out to her state representatives and senators that she also talk to her other friends around the state and ask them to talk to their state representatives and their senators. Ms. Reddy replied that it is on her Facebook page with the numbers because it is so important. Commissioner Dallari stated it is not just their representatives, but it is other representatives too. Commissioner Carey added that it is a statewide bill.
Speaker Request Form for Lisa Reddy was received and filed.
James Luetzow, 380 Ringwood Circle, addressed the Board to state he is the treasurer of Deer Run POA‑2. Mr. Luetzow stated since he was mentioned by Chad Moorhead, he wanted to take a minute and is assuming he gets six minutes. He stated he just wanted to thank Mr. Moorhead and Mr. Davidson. If he heard the resolution right, he believes the Board included the words "to conform to make sure Deer Run drains properly." Commissioner Dallari replied that it should drain properly in association with Mr. Moorhead’s property, not Deer Run throughout; it is just associated with their property.
Mr. Luetzow stated his main concern is the pond which is next to the subject property that is currently draining into the wetland. Commissioner Dallari advised that in the motion he made, he added the comment that Mr. Moorhead said that he was going to address Mr. Luetzow's concerns on his project. The Commissioner clarified that he is not asking Mr. Moorhead to fix all of Deer Run. Mr. Luetzow stated he understands, but he wants to make sure it continues through the rest of the process with Seminole County to get completed so that it is flowing out. Commissioner Dallari responded that that was part of his motion.
Mr. Luetzow thanked Commissioner Dallari. He added that from a public standpoint, there is a bigger concern. In looking ahead to the motto, Florida's Natural Choice, all of Deer Run was developed with that in mind. The Commissioners have stormwater on their agenda today. Drainage goes into a system of ponds and streams, and most of it is contained within the property. Mr. Luetzow pointed out there are 13 communities in the eastern half of Deer Run. The outflow drains into a stream that links into Howell Creek that goes north into Lake Jesup. That is an important flow that any consideration for development going forward ought to be thinking about because as more and more goes into that, everything starts to back up. That is why they have lift stations, and they need to make sure those are maintained. Mr. Luetzow stated those are the concerns they would like to lay before this Commission moving forward, and he appreciates what the Board does.
Speaker Request Form for James Luetzow was received and filed.
Katrina Shadix, 995 Oklahoma Street, stated the address she just gave is not her current address. Ms. Shadix advised that she just moved to another part of Seminole County and does not want to give the address out due to death threats from bear hunters. Ms. Shadix updated the Board regarding the retrofitting of trash cans for residents of Seminole County. They have done several hundred so far, and this weekend they are doing Spring Oaks. There are about ten other communities that want retrofitting. Ms. Shadix reported she will send individual packets and instructions to people to retrofit their own trash cans.
Ms. Shadix stated she feels for the lady that spoke about her dog being killed and relayed a story about her two cats being killed at the new place she moved into. She added that it is unfortunate to have a man of that caliber living across the street from Ms. McGlynn, and she hopes something can be done about him because the poor dog obviously paid the price for his behavior. Ms. Shadix referred to the gentleman that came to the podium and stated that the wetlands aren't going away but the drainage is going into the wetlands. She feels that is concerning and doesn't know whether an environmental study has been done to address that. She stated she can check into that later.
Ms. Shadix stated the main reason she came today is to thank the Board for the puppy mill ordinance. She then noted that late last night, they got an alert on Facebook about House Bill 883; and she read that Facebook information into the record. Ms. Shadix stated she just moved from Black Hammock because of the development into an area that she hopes won't get developed. The rural boundary is the one saving grace they have in Seminole County. She asked whether the Board had input and had made their voices known in Tallahassee. She stated she will definitely do a call to action. She wondered if there are any legal avenues that maybe the County could sue the State if they pass this. Ms. Shadix reported that she spoke to an environmental attorney before the meeting who stated that it sounds like a special law that could be unconstitutional.
Commissioner Carey stated it is a statewide law. Ms. Shadix stated it is only affecting three counties; so the environmental attorney said it sounds like it might be a special law that is unconstitutional. Chairman Horan cautioned they remember that this is a bill that has been proposed that may not pass. If it passes, they will talk with their counsel concerning what possible remedies might be out there. Commissioner Carey noted there is nothing like the power of the people. Commissioner Dallari advised there are going to be more conversations on this matter. Ms. Shadix stated after she hears what the Commissioners say, she will do a call to action that will help support whatever is going on with that bill. She added she has a great environmental attorney that will work for free with the Board on this if they want to sue the State.
Speaker Request Form for Katrina Shadix was received and filed.
Meloney Lung, Assistant County Manager, addressed the Board to state that due to the recent events at the school in Parkland, Governor Scott has proposed a three‑point security plan which addresses gun laws, school safety, and mental health. For this plan, the Governor has indicated he plans to allocate $50 million toward mental health and $450 million toward school safety. Ms. Lung noted that in order to fund the plan, there is some speculation he will sweep some significant portion of the line item appropriations as well as getting rid of the tax cuts. She noted they are watching that.
Ms. Lung stated that home rule is one of their priorities, and the Board has heard HB 883 mentioned several times today; the bill started out in December as a six‑page bill entitled Community Development Districts, and last week it became 193 pages overnight. Regarding the rural boundaries, the bill would require Seminole County to ratify it every ten years in a general election. She stated they are watching this bill, and their lobbyist is making it known that Seminole County is not in support of the bill. Ms. Guillet asked if there was a companion bill in the Senate. Ms. Lung stated there are six companions, but they are not true companions; there are none that line up with the House Bill. Ms. Guillet confirmed with Ms. Lung that there is not a bill in the Senate that has the rural boundary language in it.
Ms. Lung talked about HB 773, the vacation rental bill which would prohibit counties and cities from establishing ordinances specific to short‑term vacation rentals and would instead require local governments to have regulations that would uniformly apply to all residences. She noted that it passed the House Government Accountability Committee late last week, and she does believe there is a companion bill in the Senate. Commissioner Carey pointed out this goes back to their home rule issue.
Ms. Lung talked about HB 787, the taxation bill. She explained that typically this bill is always a good thing because it gives relief for school supplies and backpacks. They have now included a vacation for disaster preparedness due to the hurricanes last year. Ms. Lung advised that the last committee added some stuff, which was not necessarily a good thing, that would prevent local governments from regulating goods that are subject to sales tax. Commissioner Carey asked Ms. Lung if it was all sales tax, and Ms. Lung informed her that is what it says. Ms. Guillet advised it was all goods related to sales tax, which would include everything from puppies to adult materials to retail sales. Commissioner Carey emphasized they are again taking away home rule. Commissioner Dallari remarked that when they are talking about all goods relating to sales tax, he gets the word "all." He asked if that also includes the bed tax. Ms. Guillet replied that the bed tax isn't considered sales tax; it is a tourist development tax. Ms. Lung stated it was not included to her knowledge. Ms. Guillet advised that even if it is just a sales tax, it is every commodity in the county, from zoning to what was done today with puppy mills. She stressed that it is incredibly sweeping. Ms. Lung stated it is a very broad preemption, and they are not even sure exactly how it will impact them and to what level. Commissioner Carey pointed out that even commercial real estate is subject to sales tax.
Ms. Lung explained this was just added when it was in Appropriations. Ms. Guillet stated they are still trying to get their brains wrapped around it. She believes FAC is still trying to get their brains wrapped around it to really understand what the impacts are. Commissioner Dallari asked whether the bill is going to get legs. Ms. Guillet stated it is such an overreach that she would expect not. Commissioner Constantine stated because of what is happening with the Governor's proposal on school protection and the elimination of the sales tax holidays potentially (and now he hears the House is looking into Medicare and other related hospital costs), this whole bill is going to be gutted and re-formed; so they don't know. The Commissioner added that it is not in the Senate right now.
Chairman Horan reported he was in Tallahassee for three days last week. The Chairman talked about how the Parkland shooting is sucking all of the oxygen out of the legislative process. Yesterday they heard that between what the speaker wants, what the president of the Senate wants, and what the Governor is proposing, for all three of them to get what they want, everything else is going to get swept; and virtually every other bill out there that has any kind of financial impact is really not going to get any legs.
Commissioner Carey stated she would like to see staff put together a list of all of the House members who voted yes on any of the proposals that negatively impact the County. She added they will run for the Senate or something else, and she thinks that people should know who is voting for what. It should be easily accessible to review. Most House and Senate members end up running for something else, and she wants to know those who vote to impact them at local government so that she can help get the message out to people. Ms. Guillet advised they did send the Commissioners the most recent vote on HB 883. Commissioner Carey reiterated she would like a spreadsheet; these are the bills that have negative impact, and these are the men and women who voted for them. Chairman Horan asked whether there had been a House vote on 883 with this language in it; and Ms. Guillet responded there had been a committee vote, the Government Accountability Committee. The Chairman asked whether any of their local legislators were on that committee; and Commissioner Constantine advised Representative Plakon is on the committee, and he voted for it.
Ms. Lung stated that another of the Board's priorities this year was affordable housing; and Representative Cortes introduced HB 887, which had a moratorium on impact fees for five years. That has been removed, and the bill is scheduled to be taken to the floor this week. Commissioner Constantine noted the good news is that Representative Cortes has eliminated his proposal that said they had to waive affordable housing, the impact fees. The House is sweeping a large portion of the Sadowski affordable housing dollars; whereas, the Senate has made it a priority to keep them in. Chairman Horan stated this may be one of the appropriation bills that has a positive effect on the bargaining because Representative Cortes' bill is funded with $124 million. The Senate fully funds Sadowski. In order to get what Negron wants in the Senate, this may become a bargaining chip where there are actual dollars involved. The Chairman pointed out that if they are already in the budget, Cortes' bill may end up getting funded; and depending on how many dollars they have, they may have some more. Affordable housing is something that really does have a lot of support in Tallahassee in both Houses. Chairman Horan stated of all of the things that cost money, despite what the Parkland situation is, this gets funded in some way, shape, or form even if it is only Cortes' bill that gets passed and funded.
Ms. Lung advised she will provide the voting records to the Commissioners. Commissioner Carey stated she wants everything to do with home rule impact and the other things they are tracking.
COUNTY ATTORNEY’S REPORT
Mr. Applegate thanked each of the Commissioners as well as Ms. Guillet, Mr. McMenemy, Ms. Lung, and all the attorneys and staff in his office. In the past ten months, in addition to deaths in the family, his wife at the Mayo Clinic, his own issues, and now next week his daughter will be at Moffett; it has been a hard year. He stated he could not have gotten through it without all of the support he received.
Mr. Applegate stated he normally gives a year-end report and reported that in 2017 his office handled 1,200 formal work requests. That is with the number of attorneys down four from the time that he took over in 2011 and with 30% less in his operating budget than in 2011. He added that doesn't count the emails, the phone calls, and the work on the special projects like the marijuana moratorium, impact fees, and Rolling Hills. Those are all special projects that take a lot time. Mr. Applegate talked about litigation and how Ms. Porter‑Carlton handles dozens upon dozens of Notices of Claims that come in. He discussed her work in construction matters and reported that Ms. Porter‑Carlton has saved the County at least $100,000 (and probably more) on recent construction cases over the last three years or so. Mr. Applegate thanked Ms. Porter‑Carlton for the job that she has done pinch‑hitting for him on the dais. He reiterated his thanks for everything that has been done for him.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Carey announced there are two new nonstop destinations on ViaAir flying out of Sanford. They will be flying to Mobile and Montgomery, Alabama, beginning May 14.
Commissioner Carey stated she wanted to give special thanks to Sheriff Lemma, Judge Galluzzo, Clerk Maloy, the County Manager, and others who worked so closely with SafeHouse of Seminole County to relocate the Domestic Violence Service Center in the civil courthouse. The ribbon cutting was on February 21 and well-attended. She then talked about how the County has supported SafeHouse since 1990 when they opened the first domestic violence shelter.
Commissioner Carey announced that the 31st Annual Lake Mary Heathrow Festival of the Arts will start this weekend, March 3 and 4, at Circle Park. There will be food trucks, live entertainment, and free admission. The event raises scholarship money for graduating Seminole County high school students. Commissioner Carey announced that she will be attending a ribbon cutting of the SR 528/Innovation Way/Sunbridge Parkway Interchange, a Central Florida Expressway Road, on Friday, March 9. She stated that it will be great to have some more regional roads to be able to get around that particular area.
Commissioner Carey reported there has been a schedule change for the Boy Scouts Annual Golden Eagle Dinner from April 5 to April 23 at the Lake Mary Marriott. Their honoree this year is Dr. John Hitt. The money raised from this event, typically $250,000, stays in Seminole County to help scouting in the county. Commissioner Carey talked about the benefits of scouting and some of the local people that they know who have gone through the scouting program.
Commissioner Dallari reported that he was at the NARC (National Association of Regional Councils) Conference during the release of the President's infrastructure proposal. He stated he sent to the Commissioners in real-time a quick evaluation of that plan. The big issue with that plan is that instead of an 80/20 split (80% fed and 20% local), it is now a 20/80 split (20% fed and 80% local). The big issue they are still trying to flush out is what happens with the projects that are in transition that have not been completed or started. Commissioner Dallari advised that he also was able to meet with the director of FEMA, who put the Commissioner in touch with his Deputy. Commissioner Dallari also connected the Deputy with Edward Bass, Director of Resource Management; and he hopes that is working out well. The Director wanted to know if there was anything he could do locally, and the Commissioner gave him a list of issues that he had received from Mr. Bass prior to going to Washington, which was then handed off to the Deputy. He believes the Deputy and Mr. Bass have been in contact. Mr. Bass confirmed that they have been in contact.
Commissioner Dallari reported that last week he met with a developer regarding the Clayton property along the 419/Seminole County/Orange County border in Chuluota. The developer is trying to develop the Clayton piece, which is the property right around River Run Church; and he wants to put in single‑family homes, townhomes, apartments, retail, and offices. Commissioner Dallari informed the developer that this is the rural area and he would be directly in violation of their rural area requirements and the county charter. The Commissioner stated he feels like one of their biggest responsibilities is to protect the county charter as well as the rural area, which is in both the charter and the comp plan. The rural area includes Geneva, Chuluota, and Black Hammock and was overwhelmingly approved by the voters of Seminole County in 2004.
Commissioner Dallari advised that a few days after meeting with the developer, he was informed of HB 883, which started with six pages in November and was amended and grew to 196 pages and will definitely affect their rural area. This bill requires a vote every ten years of the rural area, which he believes is more than overreaching from Tallahassee to a local government. He stated for them to generate 196 pages, they have been working on this for several months; and the County is definitely playing a catch‑up game; and it is going to take a lot of effort for them to catch up. Commissioner Dallari requested that the Board give direction to the County Manager to hire a special lobbyist to focus just on this issue and hire any legal support that the individual or the County may need at a later date. Tallahassee is overreaching on several different issues, and this is just one of them. It is important that they address this head‑on.
Commissioner Dallari reported they also intend to annex into the City of Oviedo. This type of project will affect many residents, both city and county residents; and it is important that they reach out to the City regarding the quality of life and the lack of infrastructure in this area. The Commissioner requested the County Manager reach out to the Oviedo City Manager to see any and all correspondence that has taken place over the last 12 months regarding this property with the City of Oviedo because he is sure they have had some correspondence. Commissioner Dallari pointed out in the past they had a JPA with the City of Oviedo that did sunset a number of years ago, and he believes they may need to ask the City if they would like to renew their JPA so that they both understand what could happen moving east. He believes they would be willing to sign a JPA prohibiting their annexation of the eastern area of Seminole County. He asked the other Commissioners for their thoughts. With regard to hiring a State lobbyist, Commissioner Dallari noted that even though Tallahassee is only in session for a couple more weeks, he thinks they need a full‑time lobbyist just on this one issue alone.
Chairman Horan stated the entire difference between the 6 pages and the 196 pages is not all the rural boundary; it is only a very small portion of it. The Chairman reported that he got a heads‑up on this when he was in Tallahassee last week. Commissioner Dallari advised that he only heard about it on Friday.
Mr. Applegate left the meeting at this time.
Commissioner Dallari pointed out that the rural area is related to line item 378 to 386; that is all that it is. Chairman Horan pointed out that a lot of people hung a lot of ornaments on that bill which indicates either one of two things; they are either sure it is going to pass or sure it is going to fail. His guess is they are sure it is going to fail. He thinks the problem here is that you really can't do through legislation what you normally could do just by referendum here. If somebody wanted to go ahead and have another vote on the rural boundary, all they need to do is go out and get the petition signed and submit it to the Board. He thinks that doing this through a truncated legislative way not only violates their charter but also violates the referendum process. The Chairman reiterated he does not think this is going to pass, and he thinks the people that proposed it don't think it is going to pass.
Commissioner Dallari stated he is more concerned about this popping up in other bills that they may not be aware of, and that is why someone needs to stay on top of this. Chairman Horan replied that that is probably not going to happen either. He does think what they are really looking at here is the beginning of a long journey of people out in that area, major property owners out in the eastern rural areas, who are probably going to try to develop their land; and this is probably just the first attempt. Commissioner Dallari replied he is not opposed to anyone developing their land as long as it is per the requirements of the rural area; he is here to protect it. With regard to hiring a lobbyist and the next ten days of the session, Chairman Horan stated if they want to do that, that is fine. He added that he is pretty certain this is not going to go anywhere.
Mr. Applegate reentered the meeting at this time.
Commissioner Dallari stated he would rather have staff have someone up there that is focusing just on this one item. Commissioner Carey noted that depending on the dollar amount of what that would cost, the County Manager would have the authority to do that if that is the desire of the Board. Her bigger concern is making sure it is the right person who would not have a conflict of interest and other issues going on. Commissioner Dallari emphasized he wants to make sure the person does not have any conflict of interest with anyone here in Central Florida; that is his biggest concern.
Chairman Horan stated if there is unanimous consent on that, he suggested they have the County Manager look into that and see if someone can be identified and whether the price is reasonable because their own lobbyist has a lot of other things to do right now; and things are happening fast and furious. No objections were voiced. Commissioner Dallari advised that he would also like to have the County Manager reach out to the City of Oviedo. Chairman Horan stated he has actually done that but has not gotten a response yet. He told Commissioner Dallari that he wanted to find out what is going on. Commissioner Carey remarked that when the JPA expired, they had conversations with the City about renewing it. As she recalls, they were not interested in renewing the JPA. Commissioner Dallari agreed that was correct, but he pointed out there are new people elected now. He believes there could be potential for those individuals to support a JPA somewhat similar in fashion to what they had before. Commissioner Dallari stated he thinks it would be advantageous for the County Manager to reach out to Mr. Cobb, who is the City Manager, and have that conversation.
Commissioner Carey stated when they had the last study done on the rural boundary that the Board accepted, it talked a lot about transitional zoning and how to buffer from the rural boundary; that would need to be part of that JPA. She added that in some cases the transition may have to happen on the rural side because they have annexed right up to the line and put four units per acre on one side; then there is one unit per five acres across the street. She thinks that pressure is always going to be there until they figure out a way to have something happen. Commissioner Dallari noted they have done studies before, and they can dust them off. He stated he will definitely adhere to the charter, and he will definitely adhere to protecting the rural area.
Commissioner Constantine stated he agrees with a lot of the things that Commissioner Dallari said. He thinks this is basically a shot over the bow from this developer to say what he can do and what he can't do. Growth management bills are very similar to transportation packages. They are trains. They usually die. With 18 years of experience in Tallahassee, Commissioner Constantine suggested that instead of hiring a lobbyist now, they should see what happens in the House. From everything he has heard from the Senate side, this bill is not even going to get over there. Commissioner Dallari replied that he understands what Commissioner Constantine is saying, but his concern is this popping up in another bill like it did in this bill. Commissioner Constantine talked about the three rural boundaries in the state and indicated the one that has a lot of concern is Sarasota where most of the land is owned by an interest led by Mr. Neal; and Mr. Neal is very close to the incoming president, Bill Galvano. Commissioner Constantine talked about his contact with Senator Galvano's office. The Commissioner explained that he agrees with Commissioner Dallari that they need to keep on top of this and watch it very carefully, but he does not believe it is going to come through the House.
Commissioner Constantine stated he thinks the Chairman giving the County Manager the ability to react when she needs to react to this so they don't have to come back is wise. Commissioner Carey stated they need to at least assign somebody to specifically track this on a daily basis. She stated she knows Ms. Lung is doing this, but she is also tracking a lot of other stuff too. Commissioner Carey indicated that Ms. Lung could track the bill number; but if they take and put it somewhere else, it might get missed. Commissioner Dallari stressed that this will morph into another bill somewhere else. Commissioner Dallari reiterated his request of the County Manager or staff to ask the City of Oviedo what correspondence they had with this property over the last 12 months.
Commissioner Constantine stated that he thinks this not only gives them an opportunity to look at a JPA with Oviedo but also what they have discussed in the past, a bigger JPA with Orange County. Commissioner Dallari advised that right now he wants to make sure they protect their rural area with the City. Commissioner Constantine replied they should be part of that too. He thinks they can again look at the possibility. Commissioner Dallari stated it needs to be a two‑step process. Commissioner Constantine added he needs to put out there that there is the possibility of again looking at a JPA with the City of Oviedo and Orange County, all in that particular area.
Before moving to the next district report, Commissioner Carey stated she has a question regarding something in Commissioner Dallari's report regarding the federal funding going from 80/20 to 20/80. She advised there is a subject that she has been talking about and noted that she was going to talk to the City before she brought it back to the Board. Commissioner Carey referred to a workshop where they were proposing on Rinehart Road to have a Texas U-turn process and a reverse diamond on the interstate to make the traffic flow better. Apparently, County staff is moving forward with the Texas U-turn part of that, but she does not believe DOT is moving forward with the reverse diamond. She has been talking to Mr. Jreij about that, and she plans to call the City Commission because she believes that intersection will be compounded if the Crescent Development piece of property develops. They already have the other issue that they proposed, which was the ramp off of Lake Mary Boulevard onto Lake Emma; and that is already a problem and in her opinion should be the priority in moving forward because that exists every day. In regard to trying to get the County to move forward a project that doesn't really make any sense unless there is a reverse diamond so it is seamless to get on the interstate, the Commissioner does not want to see the County go forward with that Texas U‑turn because she thinks it will just cause a lot of issues in that particular area.
Commissioner Dallari advised that he will get an update from D.C. There is an individual who researches and studies that and he will ask him for an update. Commissioner Carey stated her concern is regarding the funding for Beyond the Ultimate, which some of that was federal funding because that is an interstate highway, and what is going to happen to that. She indicated that Mr. Jreij told her they have got it in 2027; but again, she does not want to put in this Texas U‑turn (because they all had talked about how confusing it would be) if it doesn't really get you on the interstate any faster. If they don't do a reverse diamond, it doesn't work. If the Board is in agreement, her intent is to talk to the Commissioners in Lake Mary and also to the DOT representative because they really need to look at that Lake Emma issue now and not later. She is not sure when they will get this funded, if ever, especially if they are sweeping the State funds out because she is sure the transportation trust fund will be right on the chopping block along with everything else. Commissioner Dallari advised there are so many questions up in D.C. about this 80/20 reversal. Most people are trying to figure it out.
Ms. Guillet reported that staff has been charging forward with the Rinehart and 46‑A project agreement with the DOT for the County to up‑front the money with them paying it back. They have been working with the City on that. She advised staff has been doing that in reaction to feedback they got from the Board at a work session. Ms. Guillet stated if the Board would like them to stand down on it, she would like to know because she wants to be clear that they are following the direction of the Board. Commissioner Dallari stated he wants to make sure they are getting reimbursed. Ms. Guillet replied that they are working on that. She added if the Board would like staff to stand down until they get some of the questions answered, they are happy to do that. She wants to make sure they are doing what the Board wants them to do on this from a staff standpoint. Commissioner Carey explained that the whole reason they were proposing the County do the Texas U‑turn was because they were going to build a reverse diamond to get access flowing without lights onto the interstate, and she thinks that is off the table right now. Commissioner Carey cautioned that she does not want to move forward with this other project, just the U‑turn part of it, if someone is going to get through the interchange faster only to have to stop at a light and then the interchange backs up and Rinehart already backs up. Ms. Guillet explained that the reason they were advancing that is because the City of Lake Mary has some development plans on Rinehart that necessitate some improvements to Rinehart. They did not want to do improvements affiliated with that project and then have them pulled out because of the I‑4 project improvements; and that is why they are moving forward. She reiterated that they are happy to stand down on it. Commissioner Dallari suggested that before they stand down on it, they confirm that the money from the reverse diamond has been pulled and get that in writing. Chairman Horan asked Ms. Guillet whether it is possible to provide a report to the Board about the status of exactly where that is right now in terms of all of the moving parts, especially in terms of the City of Lake Mary, the Texas U‑turn, the diamond and where everybody is on that. Commissioner Carey noted that the Crescent development has not moved forward yet. Ms. Guillet agreed to provide the Board with an update before the next Board meeting. Commissioner Dallari cautioned that they need to understand all of this before they make any decision.
Commissioner Constantine reported that the school system got 15 copycat threats this past week, postings on social media concerning whatever threats they are going to make to the school. He noted that he saw today that Orlando has made these social postings of threats a stronger violation. Commissioner Constantine stated he does not know what the County's ordinance is and asked Mr. Applegate if he could give any ideas about that. Commissioner Carey stated she does not believe the Board has any jurisdiction over Facebook. Commissioner Constantine requested that Mr. Applegate find out a little bit more about what has been done since he has contacts with Orange County and Orlando.
Commissioner Constantine thanked Mr. Bass and noted that Mr. Johnson had thanked Mr. Bass earlier. He stated they have been a good tag team together knowing his knowledge of finances and transportation. He has been going to the early meetings and Commissioner Constantine has been going to the board meetings; it has been working really well. The Commissioner thanked Mr. Bass for his help because he has been directing LYNX to what he thinks is a much better way of providing service, which is more efficient, effective, and more financially feasible.
With regard to the Planning and Zoning Commission and the BCC, Commissioner Constantine reported that Wekiva Island has been looking for changes. The owner of Wekiva Island and the homeowners have both reached out and asked to have a sit‑down with him very similar to what was done with Sabal Point and others. He wanted to let the Board know that is going to occur on March 7. They are going to sit down and hopefully hash out some issues before it gets to P&Z and the BCC. Commissioner Carey asked Commissioner Constantine if he had seen the notice from Lonnie Groot regarding this. Commissioner Constantine replied that Lonnie Groot was who he contacted for that side of the issue.
Commissioner Constantine talked about the Legislature and advised that the trade‑off that is occurring is for all of the school issues that the Governor wants, the Legislature wants the higher education package, which basically harms community colleges and state colleges. With regard to HB 883, he concurs with not only the Chairman's assessment but he also thinks this is a greater long‑term issue that they are going to have to deal with down the road. Commissioner Constantine explained that is why he was saying that they can start looking at the big picture right now. Even if HB 883 dies, which he believes it will, they are going to have to be dealing with this for quite a while.
Commissioner Constantine thanked Trisha Setzer and her staff for the great job they did regarding the State of the County Luncheon. He also thanked Chairman Horan and noted that he has never seen the Chairman present anything better. Commissioner Dallari agreed that the Chairman did a phenomenal job.
Commissioner Constantine reported he spoke at Leadership Seminole Summit this past week on the past, present, and future of Seminole County. It was a great event and they had over 150 people. Commissioner Constantine talked about the Florida Department of Transportation and Stakeholders meeting concerning the regional study of truck stops and rest areas that he and Chairman Horan attended. He noted that some people have made the sentiment that it is a NIMBY and that it was there before. The Commissioner pointed out the rest stop was there, but it being used as a staging area for a truck stop was not. That was never its intent, and it has evolved into that. In the study, the DOT knows that they have got a long‑term problem in this entire corridor of I‑4/95/75 that they have to take care of.
Commissioner Constantine talked about the air quality at the rest stop and trying to put in electrical outlets that the trucks could use so they could turn off the engines. He explained when the outlets are made available, the truck drivers don't use them because they don't get reimbursed for the electrical; they get reimbursed for the gas. The DOT actually is working on that kind of solution.
Commissioner Constantine talked about the ribbon cutting at the PGA Tour Superstore in Altamonte Springs. He talked about the line to get in last Saturday morning and noted the store was giving away $30,000 worth of merchandise. He believes the store will be quite an addition to Seminole County. Commissioner Constantine congratulated Dr. Ann McGee and the Seminole State Dream Gala that occurred this past weekend. He announced that on February 21, the Sierra Club decided to give Seminole County an award for what they considered to be a historic and far‑reaching fertilizer ordinance. He stated he was representing Chairman Horan at the meeting and received a plaque, and they also provided each of the Commissioners a plaque in honor of the outstanding achievement. The Commissioner advised that Kim Ornberg, who along with her team deserves the bulk of the thanks for the hard work and effort that they did regarding the fertilizer ordinance, will present the plaques. Chairman Horan thanked Commissioner Constantine for his leadership on these issues.
Chairman Horan thanked Commissioner Carey and Commissioner Constantine for pinch‑hitting for him at the Domestic Violence Center opening and also at the Mayors and Managers meeting last week while he was in Tallahassee. He discussed the FDOT Stakeholder meeting that he attended with Commissioner Constantine with regard to the study that is being done by the FDOT on the freight mobility infrastructure status. He discussed the preliminary findings and noted they are about 2,000 spaces short in the region. The Chairman reported they will be talking about that at the next stakeholders’ work session sometime in March. Chairman Horan stated it is interesting to see how this issue has evolved because the FDOT over the last 10 or 15 years has actually closed certain rest areas down in the Turkey Lake and SeaWorld areas, and that has exacerbated the problem.
Chairman Horan reported that he did get a heads‑up on the rural area issue while he was in Tallahassee, and he basically got the same information as Commissioner Constantine as to what is going on there. He thinks this is the shot across the bow, and they need to gird up about what is going to be happening here in the future. The Chairman remarked that he attended the Dream Gala for Seminole State College on Saturday night, and it was a tremendous event.
With regard to the Central Florida Commission on Homelessness, Chairman Horan stated their initiative on homelessness is basically citizen-driven by their Strategy Action Board and their business people. He pointed out that they, together with County staff, have been looking into and investigating the possibility that they may have their own CoC in their relationship to HUD in the future. They have been trying to keep that apart because nothing has been presented to the BCC yet, but he thinks they are at a point where they plan on making some recommendations to the BCC maybe in March at the second meeting. Ms. Guillet stated the Action Board has put together a due diligence committee, a kind of fact finding committee, to make a recommendation to the larger Action Board. She thinks their intention is to ultimately make a recommendation to the BCC.
Chairman Horan stated they have been trying to keep this very, very low key because they really don't want to do anything until the BCC has had the opportunity to consider the options. He added that a few people in the CoC have jumped the gun a little bit and put the cart before the horse and created a little publicity on this. He stated he did not want the Commissioners to be caught unaware. This is something that is being driven by their citizen‑constituted committee; and when that committee is ready to speak to the BCC, the BCC will be ready to speak to others on the outside. Commissioner Carey stated that she thinks when they are ready to discuss their recommendations, it would be better in the form of workshop rather than trying to do it at a public meeting. Chairman Horan agreed that a workshop is a great idea.
Chairman Horan announced that Bob Steenson, one of the founders of the PARCS Foundation Board, is very ill and requested that everyone keep Mr. Steenson in their thoughts and prayers.
COMMUNICATIONS AND/OR REPORTS
No Communications and/or Reports were received from the Chairman’s Office.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:37 p.m., this same date.