BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
FEBRUARY 28, 2017
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
28, 2017, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Clerk of Court and Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Absent:
Commissioner Carlton Henley (District 4)
Pastor Matt Kern, First United Methodist
Church, Sanford, gave the invocation and Commissioner Constantine led the
Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for World Housing Solution was presented.
COUNTY
MANAGERS CONSENT AGENDA
Nicole Guillet, County Manager,
advised they are pulling Item #13 in regard to the Investment Policy and the
selection of an Investment Advisor, and she stated the item will be brought
back at the March 14 BCC meeting.
Commissioner Constantine indicated he
would like to pull Item #2, a request to approve a Resolution pertaining to
fees and charges for services provided by Animal Services, for separate
discussion.
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Carla Wilson, Committee to Protect
Greyhounds, Winter Springs, addressed the Board to thank them for the
Resolution in regard to the Greyhound Protection Act.
Speaker Request Form was received
and filed.
With regard to public
participation, no one else in the audience spoke in support or in opposition to
the Consent Agenda and public input was closed.
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Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to authorize and
approve the following:
County Managers Office
Emergency Management Division
1. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-23 renaming Palmway to Palmway Drive. (A-3197-17)
2. Pulled
for separate discussion by
Commissioner Constantine.
Community
Services
Community
Development Division
3. Approve and accept the Neighborhood
Stabilization Program Snapshot/Report pursuant to Seminole County Resolution
No. 2013-R-61. (A-3267-17)
4. Authorize the County Manager to execute two
(2) County Deeds valued at $76,000 for the transfer of County-owned vacant lots
to Habitat for Humanity of Seminole County and Greater Apopka, as authorized
for execution by Section 3.554(5) of the Seminole County Administrative Code;
and approve the Chairman to execute two (2) Restrictive Use Covenants to ensure
the lots will be used to provide affordable housing for low-income
households. (A-3266-17)
5. Approve and authorize the Chairman to execute
an Agreement with Community Initiatives, Inc., Rapid Re-Housing Program for
Community Development Block Grant (CDBG) funds, in the amount of $45,233 to be
used for case management in association with the provision of Rapid Re-Housing
services to homeless households in Seminole County; approve and authorize the
Chairman to execute an Agreement with Community Initiatives, Inc., Rapid
Re-Housing Program for State Housing Initiatives Partnership (SHIP) funds, in the
amount of $65,000 to be used for the provision of Rapid Re-Housing services,
including rental assistance, utility payments and housing relocation services
to homeless households in Seminole County.
(A-3265-17)
Development
Services
Planning
& Development Division
6. Authorize release of Letter of Credit
#55102185 for Roads, Streets, and Drainage in the amount of $949,608 for Grande
Oaks at Heathrow Replat Subdivision; Kimley-Horn & Associates, Inc.,
Applicant. (A-3244-17)
7. Authorize the Chairman to execute the
Satisfaction of Lien for Code Enforcement Special Magistrate Case #16-07-CESM,
at 1550 SR 436, Winter Park, Tax Parcel #33-21-30-300-007B-0000; Dallas L.
& Alma B. Wolford, Owners. (A-3178-17)
Environmental
Services
Solid
Waste Management Division
8. Approve and authorize the Chairman to execute
a Certificate of Public Convenience and Necessity for Load & Go Dumpsters
Inc. effective from February 28, 2017 through September 30, 2017. (A-3252-17)
Public
Works
Engineering
Division
9. Approve and authorize the Chairman to execute
a Purchase Agreement related to Parcel #106 between 2015-3 IH2 Borrower L.P., a
Delaware Limited Partnership, 9984 Carolina Street, Oviedo, Parcel #31-21-31-504-0000-0370,
and Seminole County for the acquisition of property needed for the Dean Road
Widening Project for $119,798, as full settlement of all claims for
compensation from which Seminole County might be obligated to pay relating to
this parcel. (A-3247-17)
10. Adopt appropriate Resolution #2017-R-25 and
authorize the Chairman to execute a Local Agency Program (LAP) Supplemental
Agreement Number 2 with the State of Florida, Department of Transportation
(FDOT), to increase grant funds; and adopt appropriate Resolution #2017-R-26
implementing Budget Amendment Request (BAR) #17-038 in the amount of $150,456
related to the construction of sidewalks in conjunction with Springs Lake
Elementary School. (FDOT FPN
437457-1-58/68-01) (A-3219-17)
11. Adopt appropriate Resolution #2017-R-27 accepting
a Warranty Deed from Helen L. Jackson a/k/a Helen L. Wynn, a single person, to Seminole
County for property on which a portion of Seminole County's roadway exists at
the corner of Nolan Road and Wynn Street. (A-3216-17)
Resource
Management
Budget
and Fiscal Management Division
12. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-28 implementing Budget Amendment Request (BAR)
#17-036 through the Technology Replacement Fund #00111, in the amount of
$12,126 to recognize revenues for a onetime setup cost of $4,384 and monthly
internet service provisioning fees of $7,742, as provided by provided by the Film
and Video Production Rights Sponsorship Agreement, SS-602765-17/BJC. (A-3238-17)
13. Pulled
from the Agenda request to adopt a Resolution amending Section 3.35 of the
Seminole County Administrative Code by establishing that the County's Financial
Advisor is to implement the County's Investment Policy by determining how the
County's public funds are to be invested and to develop strategies related thereto;
requiring the Financial Advisor to submit quarterly reports to the County;
establishing criteria for the selection of the County Investment Advisor;
establishing protocols with the County Clerk's Office as custodian of the
County's funds; and providing for an effective date. (A-3229-17)
Purchasing
& Contracts Division
14. Award
IFB-602749-17/GCM, Term Contract for Demolition Services, to Champion Services
of Florida, LLC, Apopka (Primary Contractor) and Samsula Waste, Inc. d/b/a Samsula
Demolition, New Smyrna Beach (Secondary Contractor); and authorize the
Purchasing & Contracts Division to execute the Agreements. Estimated annual usage for the project is
$50,000. (A-3237-17)
15. Approve Proprietary Source Procurement
SS-602803-17/ESN, Purchase of the TriTech Dispatch Now 2.0 Interface with
Tiburon, Inc., San Diego, CA, which will allow an interface with county use of
Deccan LiveMUM Software, in the amount of $66,480; and authorize the Purchasing
& Contracts Division to issue Purchase Orders accordingly. (A-3240-17)
Districts
1, 2, 3 and 5 voted AYE.
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Consent Agenda
Item #2 A-3285-17
In
regard to the request to adopt a Resolution amending certain fees and authority
as set forth in Section 20.5 (Animal Services Program) of the Seminole County
Administrative Code, pertaining to fees and charges for services provided by
the Seminole County Animal Services Division, Commissioner Constantine noted the
fees were a point of concern for the greyhound racing industry and he
complimented staff for working with the industry and coming up with a very fair
and reasonable Resolution.
Commissioner
Constantine stated they had talked about the licensing of pets and how many
citizens do not participate. He asked
Bob Hunter with the Animal Services Division to talk on that.
Mr.
Hunter addressed the Board and noted they sold 25,000 pet licenses for FY 2015/16,
and that is a slight increase from the prior fiscal year but a downturn from FY
2013/14. He talked about some of the
initiatives staff is looking to put into place.
They are also planning to partner with Pet Alliance who does an average
of 2,000 animal adoptions per year.
Commissioner Constantine noted that most citizens will license their
animals if they understand the process so they plan to add an education
component to this.
Commissioner
Constantine then asked Mr. Hunter to comment upon puppy mills. Mr. Hunter said as far as they understand,
there are no established puppy mills within Seminole County. There is a larger subset of backyard
breeders that breed for their own purposes or sales. He noted there is not a current restriction
in Seminole County on the number of animals within a residence. Commissioner Constantine suggested they have
staff look into this and bring back any recommendation they feel necessary for
Seminole County. Commissioner Carey
remarked she met with Mr. and Mrs. Wilson yesterday to talk about this
particular subject and they had a list of cities who have adopted Ordinances
regarding this. She said she believes it
is something they need to look at, but they need to be cautious with government
intervention into every possible aspect of peoples lives. She would like to be cautious as they go
forward because they have not had puppy mills here.
Ms.
Guillet stated staff will do some research and bring proposals forward, and she
feels confident they will be able to have a discussion about what might be
appropriate for the County. She
clarified the pet licensing program is not intended to be a moneymaker for the
County; it is a program that is good for the safety and health of the animals. It encourages vaccination against rabies and
incentivizes spaying and neutering. She
doesnt want people to think that the effort to increase pet licensing is an
effort to raise money. Commissioner
Constantine noted that the fee was actually lowered for those animals that are
neutered already.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to adopt appropriate Resolution #2017-R-24
amending certain fees and authority as set forth in Section 20.5 (Animal
Services Program) of the Seminole County Administrative Code, pertaining to
fees and charges for services provided by the Seminole County Animal Services
Division.
Districts
1, 2, 3 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Clerks Office
Grant Maloy, Clerk of the Circuit
Court and Comptroller, stated that he is scheduled to be in Tallahassee for the
next BCC meeting and requested they make the continuance of Item #13 regarding
the Investment Policy to a date when he is able to be in attendance.
Commissioner Carey commented that
she would like to see this item not come back to the Board until they have
resolved this one way or the other with either a friendly or legal
resolution. She does not want to see it
back on the agenda to be continued and continued. She thinks that involves a coordinated effort
with the Clerk to ensure he and his team are available. Ms. Guillet explained that from a County
standpoint, they are comfortable with the Investment Policy that was presented
today and they have tried to afford the opportunity for additional comment
which is why they pulled it today. She
wants the record to reflect they are attempting to get some resolution. Commissioner Carey stated she is aware of
that but there is no point in putting it on the agenda if they have not gotten
to an agreement yet. She added it is
their Investment Policy and they will be the ones to decide what the Investment
Policy says, but it would be nice if they could come to some conclusion of
agreement so they are all moving in the same direction and not spend a lot of
time at the courthouse.
Commissioner Dallari stated he
believes they need to make sure that the Clerk is present when the policy is
discussed. So, whatever time it is
coming back, they need to coordinate with the Clerks schedule to make sure the
Clerk is present.
Mr. Maloy expressed his desire to
have a work session with his staff and county staff present. Chairman Horan stated he is not sure it is
necessary. Commissioner Carey added they
have adopted other investment policies that did not require a workshop. She feels it requires open and honest
communication and feedback on what is being presented to the BCC from the Clerk
who has got to be the one to implement it.
She added the Clerk can tell them what his schedule is and they can
bring it back when he is present because to keep putting it on the agenda and
to keep moving the ball down the field doesnt make a lot of sense because it
is not ready to be on the agenda. She
knows the County Manager is ready to recommend it but she thinks the direction
of the Board has been to try to work something out that the Clerk can support
as well so they are all going in the same direction.
Chairman Horan stated the consensus of the Board is then that the
Investment Policy item will be placed on the BCC Agenda no sooner than the
March 28th meeting.
Commissioner Carey clarified if
they get to an impasse with the Clerk, then they should bring it to the Board,
but they should at least allow the Clerk to be in attendance.
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Motion by
Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve
the following:
16. Approve Expenditure Approval Lists dated
January 23, 30 and February 6, 2017; Payroll Approval List dated January 26,
2017; and the BCC Official Minutes dated January 10 and 24, 2017; Clerk's
"Received and Filed" is for information only. (A-3269-17)
Districts
1, 2, 3 and 5 voted AYE.
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The Board noted, for
information only, the following Clerks Received and Filed:
1.
The
Senator Artwork Gift Agreement with the City of Longwood for the art piece
known as Seminole Indian, as approved by the BCC on June 14, 2016.
2.
Rider to
Right-of-Way Utilization Maintenance Bond #SU1140629 in the amount of $1,802.61
for the project known as Mitchell Creek (f/k/a Dr. Edwards Stoner Way Property)
changing the Principals name to Beazer Homes, LLC.
3. CDBG Program Subrecipient Agreement for
Program Year 2016-2017 with Kids House of Seminole, Inc. d/b/a Kids House Wayne
Densch Childrens Advocacy Center, as approved by the BCC on August 9, 2016.
4. Emergency Solutions Grant (ESG) Subrecipient
Agreement for Program Year 2016-2017 with Community Initiatives, Inc., as
approved by the BCC on August 9, 2016.
5. Approval Development Order #05-30000115, 130
Birchwood Drive, Charles Joseph, as approved by the Board of Adjustment on
September 26, 2005.
6. Approval Development Orders approved by the
Board of Adjustment on January 23, 2017 as follows: #16-30000086, 4320 Rocky Ridge Place, Bruce
and Lisa Quinn; #16-30000088, 329 Kimberly Court, Jeff Lyons; and #16-30000089,
Lot 7 Daisey Avenue, Barbara Boston.
7. Suntera Park Planned Development Developers
Commitment Agreement, DCA #16-20500003.
8. Brookmore Estates Final Development Plan,
Developers Commitment Agreement, Commitments, Classifications and District
Description; DCA #16-20500036, Nutmeg Farms, Inc., John M. and Marci DeJager.
9. Klinger Planned Development Developers
Commitment Agreement, DCA #16-20500037.
10. Conditional Utility Agreements for Water,
Wastewater or Reclaimed Water Services for Waterfall Industries, Inc. for the
project known as Discovery Warehouse and for Pulte Home Company, LLC for the
project known as Brookmore Estates.
11. Tennis Developmental Instructor Agreement
with Brittany Ann Wheatley.
12. Associate Tennis Pro Agreements with Craig J.
Sheets and Ben Melvin.
13. Parks Contracts for Services with Shannon
Brewer, Martina Lee, Emily Sheehan, Brittany Ann Wheatley, Joseph Santora, and
John Wiley.
14. First Amendment to 2017 Nations Baseball
January Series of Events Tourist Tax Funding Agreement with Nations Baseball of
Greater Orlando.
15. 2017 February Series of Events Tourist Tax
Funding Agreement with Nations Baseball of Greater Orlando.
16. February 60s Senior Softball Tournament
Tourist Tax Funding Agreement with Florida Half Century Amateur Softball
Association, Inc.
17. 2017 Spring Break Tennis Event Tourist
Funding Agreement with Spring Break Sports, Inc.
18. Second Amendment to IFB-601758-13 with
Schuller Contractors, Incorporated.
19. Sixth Amendment to IFB-601852-13 with Clarke
Mosquito Control Products, Inc.
20. First Amendment to IFB-602510-16 with Caraway
Concrete Construction, Inc.
21. Second Amendment to IFB-602326 with Herc
Rentals, Inc.
22. Fourteenth Amendment to RFP-601461-12 with
Florida Cleaning Systems, Inc.
23. Second Amendment to IFB-601802-13 with Space
Coast Fire & Safety, Inc.
24. Work Order #15 to RFP-0336-15 with Site
Secure, LLC, a Miller Electric Company.
25. Change Order #1 to Work Order #4 to
CC-0559-15 with Southland Construction.
26. Change Order #1 to Work Order #8 to
CC-0559-15 with Prime Construction, Inc.
27. Closeout to CC-0705-16 with C.E. James.
28. Amendment #1 to Work Order #64 to PS-1529-06
with Woolpert.
29. Work Order #71 to PS-8148-12 with CDM Smith,
Inc.
30. Amendment #2 to Work Order #34 to PS-8186-13
with CPH, Inc.
31. Work Order #17 to PS-9738-14 with E Sciences,
Inc.
32. Work Order #4 to PS-9742-14 with CH2M Hill
Engineers, Inc.
33. Bids as follows:
CC-1099-16 from Wharton-Smith, Inc.; L7 Construction,
Inc.; Sawcross, Inc.; Petticoat-Schmitt Civil Contractors; Florida Design
Contractors, Inc.; Prime Constructions, Inc.; McMahan Construction Co., Inc.;
RFP-602684-16 from Commercial Media Systems;
Ascend Studios; Audio Visual Innovations, Inc.; Innovative Collaborations; Zio
Group, LLC; and
IFB-602767-17 from Bakers Sports, Inc.; Good
Sports; Home Team Athletics.
REGULAR AGENDA
Item #17 A-3243-17
Tricia Setzer, Economic Development &
Community Relations, addressed the Board to present a request to consider approval
of a Resolution recommending that Constant Aviation, LLC be approved as a
Qualified Target Industry business (QTI); and approval of the Countys required
Local Financial Support of $37,500 over Fiscal Years 2017/18 to 2021/22, as
local participation in the QTI tax refund program.
Ms.
Setzer presented the request as outlined in the Agenda Memorandum. She advised Constant Aviation specializes in
services such as composite and sheet metal repairs which are unique services to
the area. She noted they are acquiring
StarPort Aviation Services located at the Orlando Sanford International Airport
Commerce Park. The company will retain
all existing StarPort positions and will invest $1.9 million into the current
StarPort facility. Constant Aviation is
also considering locations in Birmingham, Alabama and Las Vegas, Nevada where
they currently have a presence. The City
of Sanford has already approved their equal participation in the amount of
$37,500. Staff recommends approval of
the Resolution.
Upon
inquiry by Chairman Horan, Ms. Setzer stated the States Department of Economic
Opportunity is responsible for paying out these incentives, or tax refunds, and
they are operating as business as usual regardless of what is going on at the state
level, so these are dollars they believe will be committed and staff does not
have any concern about that. Ms. Guillet
added that the Countys contribution is a match, so if there is no state money,
there is no local money required.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #17, and public input was closed.
Commissioner
Carey submitted an ex parte communication into the record from Mike Hanson who
does not like the fact that airplanes are flying over his residence (copy
received and filed). Chairman Horan
expressed they all received the same email.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to adopt appropriate Resolution #2017-R-29
recommending that Constant Aviation, LLC be approved as a Qualified Target
Industry business (QTI); and approval of the Countys required Local Financial
Support of $37,500 over Fiscal Years 2017/18 to 2021/22, as local participation
in the QTI tax refund program.
Districts
1, 2, 3 and 5 voted AYE.
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Chairman Horan announced in regard to the afternoon agenda that two
Public Hearing items will be continued which include Item #24, Estates at Wellington
PD Rezone, and Item #25, the Chapman Apartments LSFLU Map Amendment and
Rezone. Commissioner Carey noted that
the people interested in these were notified yesterday.
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Item #18 - A-3187-17
Patt Hughes, Development Services Department, Code Enforcement Division,
addressed the Board to present a request to consider a total
waiver of the Code Enforcement Board liens of $179,000 for Case #14-60-CEB and
$180,000 for Case #14-51-CESM on the property located at 5629 Revelwood Loop,
Winter Park, Tax Parcel #35-21-30-525-0000-0580; Charles F. & Ann G. Fratt,
Owners, and Charles F. Fratt, Applicant.
Ms. Hughes presented
the request as outlined in the Agenda Memorandum.
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 Dallari
stated that after reviewing this case with staff, he believes this is a true
medical and financial hardship.
Motion by Commissioner Dallari, seconded by
Commissioner Carey, to approve a total waiver and authorize the Chairman to
execute the Release of Liens in the amount of $179,000 for Case #14-60-CE, and
$180,000 for Case #14-51-CESM on the property located at 5629 Revelwood Loop,
Winter Park, Tax Parcel #35-21-30-525-0000-0580; Charles F. & Ann G. Fratt,
Owners, and Charles F. Fratt, Applicant;
Districts 1, 2, 3 and 5 voted AYE.
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Chairman
Horan announced the work session on the Wekiva Parkway will immediately follow
in Room #3024. Commissioner Constantine
suggested they stay in the Chambers for the presentation to which the Board
agreed. Chairman Horan stated they will
start the work session in 10 minutes.
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The Board
recessed the meeting at 10:15 a.m., reconvening at 1:30 p.m., with all
Commissioners and all other Officials with the exception of Deputy Clerk Terri
Porter, who was replaced by Deputy Clerk Kyla Spencer, who were present at the
Opening Session.
PROOFS
OF PUBLICATION
Motion by
Commissioner Constantine, 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 and 5 voted AYE.
PUBLIC
HEARINGS
AMENDMENT TO THE
SEMINOLE COUNTY CODE
CHAPTER 270
WATER AND SEWER
Agenda Item #19 PH-2016-537
Proof of publication
calling for a public hearing to consider adoption of an Ordinance amending the
Seminole County Code, Chapter 270, Water and Sewer, to add a new Part 12,
Proper Use of Fertilizers, to maintain compliance with all applicable TMDLs
(Total Maximum Daily Loads) and BMAPs (Basin Management Action Plans) and the
NPDES (National Pollutant Discharge Elimination System) Permit, received and
filed.
Kim
Ornberg, Division Manager, Watershed Management, addressed the Board and stated
the original Ordinance was presented for consideration on September 27, 2016,
and has been revised based on feedback and assessment of the BCC and
stakeholders input. As a result, the
following changes were incorporated into the Ordinance: It is more streamlined and easier to read;
the fertilizer-free zone setback from a water body was extended from 10 feet to
15 feet; and an increase in the minimum requirement of 50% slow-release
nitrogen to 65% slow-release three years after adoption of the Ordinance allowing
time to ensure product availability and educational outreach.
Ms.
Ornberg explained that nitrogen and phosphorus found in fertilizer contributes
to surface and groundwater pollution.
The proposed Ordinance will regulate fertilizers containing nitrogen
and/or phosphorus and provide specific management guidelines for application in
order to minimize the negative impacts to our water bodies. She added that the County is required to
adopt a fertilizer Ordinance in order to meet the County's state and federal
NPDES permit requirements. The adoption
also provides nutrient-reduction credits for the County's TMDL or impaired
water bodies as identified by the Department of Environmental Protection.
Ms.
Ornberg stated it is far less expensive to prevent these nutrients from
reaching water bodies than to try to remove them once they have entered the
ecosystem. Staff has worked closely with
city counterparts and it is the intention of city staff for each city commission
to opt-in to this Ordinance. Staff recommends
adoption of the Ordinance as presented with an effective date of October 1,
2017. The educational outreach will
begin immediately upon the Boards approval.
Ms. Ornberg submitted
the following documents into the record:
NPDES Municipal Separate Storm Sewer System Permit; Florida Yards and
Neighborhoods 2015 Handbook; Lake Harney and Lake Monroe Basin Management
Action Plan; Lake Jesup Basin Management Action Plan; Wekiva Basin Management
Action Plan; and the TMDLs for the Little Wekiva River, Little Wekiva Canal,
Wekiva River, St. Johns River, Lake Jesup, Spring Lake, Lake Orienta and
Florida Adalaide Lake (copies received and filed).
George
Helm, Linneal Beach Drive, addressed the Board and stated their primary focus
at the Bear Lake Preservation Association is to keep their lake clean. He has learned from studies that fertilizer
is the number one enemy. Mr. Helm stated
that while the current proposal includes a limit of 15 feet, he feels the
distance should be a lot more.
Phyllis
Hall, 481 Forest Court, addressed the Board and stated she represents the
Audubon Society of both Orange and Seminole counties. She expressed her support for the Ordinance
and her surprise that Seminole County doesnt already have a fertilizer
Ordinance. She reminded that prevention
is more cost effective than a cure down the road.
Dean
Barber, 2944 Summer Swan Drive, President of the Aquatic Preserve Alliance of
Central Florida, addressed the Board and stated the Alliance strongly supports
this Ordinance and explained its importance.
Carla
Wilson, Winter Springs, addressed the Board to thank the Commission for
considering this Ordinance. She stated
an ounce of prevention is worth a pound of cure.
Pam
Meharg, 637 Sabal Lake Drive, addressed the Board and stated she represents the
Seminole Audubon Society and is a member of the Wekiva Coalition. She thanked the Board and staff for their
time and care in drafting the Ordinance.
She discussed the concerns that were expressed back in September when
the Ordinance was first presented. Ms.
Meharg stated the proposed Ordinance should help to prevent further damage to
the Countys waterways, hopefully saving taxpayers the expense of a massive
cleanup as other counties have had to do.
Katrina
Shadix, 995 Oklahoma Street, addressed the Board and thanked them for the help
and support they have given the citizens to protect local bears.
Ms. Shadix discussed
the United Nations Conference on Biodiversity and noted that 196 countries
participate in creating strategies and enacting plans to sustain a healthy life
on this planet based on science and overwhelming public desire to work with
nature to ensure optimal ecosystems for future generations. She pointed out the only two countries that
do not participate are Vatican City, because they do not have an ecosystem to
protect, and the United States. She
asked the Board to pass the Ordinance.
Lindy
Freeman, 1617 Overlook Road, addressed the Board and discussed how her interest
in Floridas water began. She thanked
staff in the hope that the Ordinance passes.
Linda
Bystrak, 110 Oak Ridge Drive, addressed the Board and noted she represents Lake
County Audubon. She stated she lives in
Lake County and is hopeful that in April, Lake County will pass a fertilizer
Ordinance modeled after Seminole Countys.
She discussed studies done in the Wekiva watershed regarding
nitrogen.
Arthur
Goebel, 9625 Bear Lake Road, addressed the Board and stated he is the President
of the Bear Lake Preservation Association.
He discussed his history living in Seminole County. Mr. Goebel opined it is imperative that the
County intervenes now to protect and preserve Central Floridas waters. He talked about the success of the water in
the Bear Lake area which affects the Wekiva River system. He urged the Board to adopt the Ordinance.
Ed
Young, 940 Douglas Avenue, addressed the Board and stated he is an elected
member of Seminole County Soil and Water Conservation District and he is here
today to ask the Board to vote in favor of the Ordinance. He opined it is the most comprehensive Ordinance
he has seen and staff is to be commended.
Mr. Young discussed the health effects of algae blooms which kill the
oxygen supply in water. He mentioned
decreased property values. He stated
this Ordinance is the steady and comprehensive plan the County needs to correct
the problem.
Judith
Benson, 109 Privado Court, addressed the Board and stated she is the immediate
past Chair of Seminole Soil and Water and is a current elected supervisor. She commended staff for the language that
they put together and is here in support of the Ordinance. She explained why this Ordinance is necessary
in order to salvage any future problems.
Sharon
Lynn, 1008 E. Pebble Beach Circle, addressed the Board and noted she is here
representing the League of Women Voters of Seminole County. She explained the League is in favor of the
Ordinance and encourages the passage of it.
She thanked staff for their work on the Ordinance and noted she is
pleased with the revisions. Ms. Lynn
discussed her history living in Seminole County.
Amanda
Gordon, 828 Lighthouse Cove, addressed the Board and stated as an organic
gardener she supports this Ordinance.
Bill
and Mary Weinaug, 1014 Miami Springs Drive, Wekiva Island, addressed the Board
and discussed Wekiva Island, a recreational facility in Seminole County on the
Wekiva River. Mr. Weinaug stated the
water that bubbles up out of the 30-plus springs that feed the Wekiva River is
different than what it was when Congress named it a very special place in
Florida. Today the water is full of
nitrates, and 48% of those nitrates have been studied to have come from
fertilizer. Mr. Weinaug stated he
supports this Ordinance tremendously. At
Commissioner Dallaris request, Mr. Weinaug discussed his efforts on making
Wekiva Island carbon-neutral.
Jane
Durocher, 504 Cinnamon Circle, addressed the Board and noted she is with the
St. Johns Riverkeeper as the Middle Basin Advocacy Director and is here in
support of the Ordinance. She stated
this Ordinance puts meaningful limits on fertilizer use in the Countys
unincorporated areas and these limits are important because water quality is
something that concerns every resident of this County. She discussed the effects of the nutrients in
fertilizer. She reiterated that
prevention is cheaper than cleanup. Ms.
Durocher noted UCFs Institute of Food and Agricultural Sciences has
recommended fertilizer restrictions for more than 20 years.
Dr.
Penelope Canan, 716 Silverwood Drive, addressed the Board and noted she is a
professor emeritus from UCF. She
discussed some experiences she has had since learning about the issue with
fertilizers and homeowners including creating a solution for the pollution in a
local retention pond. Desta Horner, 652 Forest Cove, addressed
the Board and discussed her 60-year history living in Seminole County. She urged the Board to protect the rivers so
they can return to what they were in the 1950s.
Marjorie
Holt, 8502 Alveron Avenue, addressed the Board and stated she represents the
Sierra Club Central Florida Group and part of their coverage area is Seminole
County. She thanked the Board and staff
for the excellent job in drafting the Ordinance. Ms. Holt reviewed a letter she provided to
the Board (copy received and filed). She
pointed out that in 2009 a Florida Statute mandated that each Ordinance
stronger than the Florida Department of Environment Protections model
Ordinance be science based and economically and technologically feasible. She recommended the County require that there
be point-of-sale educational signage for proper use of fertilizer.
Gabrielle
Milch, 252 Coble Drive, addressed the Board and noted she is a former IFAS
Extension Agent and Master Gardener Coordinator. She opined this is an easy decision for the
Board to make to do something that will have an impact on the future. She discussed concerns about the fertilizer
ban during blackout periods and proper application techniques.
James
Helmers, 104 Elderberry Lane, addressed the Board and discussed the history of
Wekiva Springs. He opined that this
Ordinance is a modest proposal and he didnt realize anything had been left out
until he heard Ms. Holt suggest point-of-sale educational signage. He discussed the specific and limited needs
of fertilizer including growing food, limited areas of recreation and nurseries
to grow landscape plants. Mr. Helmers
stated people can live without fertilizer but they cannot live without clean
water.
Cynthia
Ferrell, 330 Wekiva Cove Road, addressed the Board and discussed her reasons
for moving to Seminole County. She
stated the quality of water is directly linked to the quality of life. She expressed her appreciation for the
Ordinance and opined that too often government sells off resources to the
highest bidder. She requested the Board
do their part to protect natural resources.
Shirlene
Stuckey, 1892 Iroquois Drive, addressed the Board and asked them to pass the
Ordinance. She discussed how protecting
the environment is beneficial to health.
Lee
Day, 3441 Hunt Lane, addressed the Board to state he supports this legislation.
Dr.
Jay Exum, 2253 Peachleaf Court, addressed the Board and pointed out how many
different people and organizations support this Ordinance. He discussed that there has to be an 80%
reduction in the current levels of nitrate/nitrogen in Wekiva Springs and Rock
Springs to meet the state-mandated target that is a part of the BMAP
process. He noted the single most
important source of that nitrate is fertilizer; and in Seminole County, it is
residential fertilizer. He asked the
Board to do their part to restore water quality and enhance aquatic systems in
the Wekiva Basin in Seminole County and around the region.
Quentin
Bob Beitel, 4 Quail Run, addressed the Board and stated he is fully supportive
of this revised Ordinance; however, he does not think it goes far enough. He explained the County should work with the
State and necessary departments to ban the sale of fertilizer during the
restriction periods and place labels on product bags stating freeze dates. The County needs to look at how to enforce
and monitor the use of fertilizer during freeze periods. He added there needs to be stronger
violations or a fine associated with the use of fertilizer during that period
and agrees with the idea of using educational signage at the point-of-sale.
Mac
Carraway, 411 East Orange Street, Executive Director of the Environmental
Research and Education Foundation, addressed the Board and stated he would like
the Board to consider that there may be a reasonable alternative to some of the
comments they have heard today. He
stated UCF does not support summertime fertilizer blackouts and therefore does
not recommend or endorse them. Mr.
Carraway discussed the ineffectiveness of early summer blackouts. He asked the Board to act on the evidence and
not on the basis of conventional wisdom.
Matthew
Choy, 525 Okeechobee Boulevard, Scotts Miracle-Gro, addressed the Board and
discussed what Scotts Miracle-Gro has done prior to now, which includes
removing phosphorus out of their lawn products and moving to a 50% slow-release
fertilizer. He stated he fully supports
the setback, not fertilizing during a rainy period, and offsets from
watersheds; however, science often leads to seasonality as opposed to a direct
calendar month of blackout dates. Mr.
Choy informed the Board that Scotts Miracle-Gro has already begun to label
their bags with an easy-to-read bulls-eye system where they blackout the
winter and summer in counties that have made a sale ban. He explained how Orange County has an opt-in
program for citizens to take a test that shows proficiency in how to properly
apply fertilizer. If they take the
online test, then during the summer months they are allowed to apply
fertilizer. Mr. Choy urged the Board to
look into a similar program.
Dr.
Eric Brown, 5867 Groveline Drive, Massey Services, addressed the Board and
explained his job is to protect water bodies through taking care of plants and
discussed how he does that. He stated
science has not proven blackouts are effective.
There are times you shouldnt use fertilizer, but that depends on the
agronomic conditions. He urged the Board
to consider the science and allow homeowners and professionals to do the right
thing, which is to protect the water bodies through taking care of plants.
Todd
Josko, 1726 East 7th Avenue, TruGreen, addressed the Board and stated he is
here to speak in favor of the Ordinance; however, he is opposed to one
restriction that is contained in the Ordinance, the summertime blackout period. He explained how a summer blackout period
actually puts more nutrients into waterways.
He pointed out he does not sell fertilizer and it is the second highest
cost behind capital, so if he could achieve healthy turfs without using
fertilizer, he would; but there is no substitute for nitrogen in
fertilizer. Mr. Josko stated the 65%
slow-release fertilizer is not available; so he would request the Board stick
to the 50% slow-release fertilizer.
Chuck
ONeal, 2329 Park Village Place, addressed the Board and noted he is here on
behalf of the League of Women Voters of Florida as the chair of their Natural
Resources Committee. He opined that the
pollution of Floridas waterways and aquifer is a crisis that is more urgent
than climate change. It is only
reasonable that commissions around the state take up Ordinances like the one
proposed today. Mr. ONeal stated it is
the responsibility of the Commission to safeguard the Wekiva River. He discussed why it is reasonable to exclude
fertilizing during the summer and stated the League of Women Voters of Florida
is in support of the Ordinance.
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 Comment Forms were received and filed.
Chairman
Horan recessed the meeting at 2:50 p.m., reconvening at 2:55 p.m.
Commissioner
Constantine requested staff clarify some of the comments made. Ms. Ornberg explained in regard to the summer
blackout period studies, Florida has a very unique environment and studies do
not always mimic the real world.
Chairman Horan asked what exactly is going to be allowed during the
summer ban under the proposed Ordinance.
Ms. Ornberg answered the proposed Ordinance does allow iron, potassium,
manganese and magnesium, which are micronutrients, as well as organic
materials; but nitrogen or phosphorous would not be allowed. She stated staff has spoken with Sunniland
Corporation and they have already developed summer blends for Brevard County
and Volusia County for residential retail sales as well as for the
professionals that apply the fertilizer.
Chairman Horan confirmed with Ms. Ornberg that you are still allowed to
feed your lawn during the blackout, just not with fertilizer that includes nitrogen
or phosphorus. Commissioner Carey
confirmed with Ms. Ornberg that the summer ban of nitrogen and phosphorus
applies to certified professionals as well.
Commissioner
Carey stated she has done a lot of
research and read a lot of reports. She explained that IFAS says they do not support a
summer ban, the
DEP report doesn't support
a summer ban,
the _%_Agricultural Commission for the State of Florida doesn't support
a summer ban because there is no
scientific evidence that it is effective_UQ1_. She added she would like to see an _U1_online educational program that
citizens could
use to learn how to prop_U2_erly apply fertilizer. Commissioner
Carey_%_ expressed she is reluctant to support something that _V+1_doesn't
hav_V.1_e any
science behind it,
like the summertime ban; but she thinks everything el_V?1_se in
the _%_Ordinance
is great.
Ms.
Ornberg explained when she looked at studies and
saw how
they applied irrigation,
and in looking over all
the research that
she could find, it was
half an inch twice a week
or one inch once
a week.
So it didn't
take into account what Florida normally sees over
the summertime period. It
didn't take into account
the real world of cumulative effects.
UCF has
done some research
on leaching for DOT a_W>1_nd they
found that over the summer
there is more leaching so they
changed their best management practices to increase
to a more slow-release. But
when you look at impacts
over a cumulative effect, that's
where you see
more leaching that might
have not been identified through that study.
Chairman
Horan questioned whether or
not grass grows faster if you
put nitrogen on it, and Ms. Ornberg answered from her research,
it does. She explained
IFAS suggests the 65% slow-release
fertilizer and that is where staff came to that recommendation.
Chairman Horan stated he has a problem with the 65% and that is something they
could possibly take out of
the Ordinance because if there is no such product, they
could always amend the Ordinance
when it becomes available. He expressed he likes how measured
the Ordinance is in that it
doesn't get into the commercial business aspect of it. He
believes it is a reasonable regulation and it will not impair people's lawns in
any way nor will it impair anyone's business because of the exemption of commercial interests. Commissioner Carey asked
if there was an exemption on commercial applicators during that time. Ms.
Ornberg answered no. Ms.
Ornberg clarified that they are not allowed to apply
nitrogen or phosphorus fertilizer, but they can apply o_X,1_ther fertilizer such as the summer blend. Chairman
Horan noted when he refers to
the exemption, he is referring to golf courses and people who have licenses for
commercial interests. Commissioner
Dallari pointed out it also doesnt apply to Agriculture.
Commissioner
Carey stated in addition to limiting irrigation,
the County also has a program
where people can have their irrigation checked if they are on the County system, but many people
don't take advantage of that. She opined that the County could help be a part of the
solution if they did a better job of educating the citizens. She advised she
wants to see the final version of the Ordinance
to include an educational component where there is some kind of online test,
like discussed before, that
educates people on how to properly apply fertilizer.
Nicole
Guillet, County
Manager, stated staff intends to engage in an
extensive education
program. That is part of the reason that while the effective
date of the Ordinance would
be immediate, the enforcement period wouldn't begin until October
to give staff the
opportunity to provide education. She explained staff would treat
this Ordinance like they
treated the Bear Management Ordinance. The County has not served any citations in regard to the Bear Management Ordinance,
it was very much about
education and so is the Fertilizer
Ordinance. Staff
has already started putting together educational materials, they have been coordinating with
all of the cities within the County
to make sure that everyone is "singing off of the same sheet of music." Ms.
Guillet stated staff is hopeful that this Ordinance will be uniform
throughout the County. All of the resources from all of the local
governments are moving in the same direction to make sure that everybody in the
County understands what the
requirements are and is well educated in
the appropriate way to do things and the impacts should you not follow the appropriate
measures.
Commissioner Carey _]'1__](1_agreed with Chairman Horan that putting something in an Ordinance that isn't even available to the public is not a good practice. She suggested they look at the 65% slow-release fertilizers when they become available and when they are developed. Ms. Guillet explained when staff fir_]O1_st presented this Ordinance there were a number of people who requested 100% slow-release within the Wekiva Basin_]l1_. Staff knew the 100% slow-release would not be readily available and it would be confusing if they focused the 100% slow-release in just one area of the county. Ms. Guillet stated after doing some research, staff found that in the 50% to 75% range there are a number of products available. The 50% and below are more readily available, but there are a number of manufacturers who provide 65%. Staff anticipated as more and more local governments start to adopt Fertilizer Ordinances, and because the 65% is not as common as the 50% or less, it would be appropriate to take some time to _^[1_allow people to trans_^`1_ition into that.
Chairman
Horan_^2_ stated
there _^1_seems to be some
uncertainty in regard to whether or not
the 65% slow-release is readily available, so he suggested that they put 50% slow-release in the
Ordinance. Ms. Guillet answered staff was trying to go above that minimum of 50% and
thought that 65% was a fair and measured way to approach that, but it is up to
the Board.
Commissioner
Constantine stated he is proud of staff because they have spent
four years working __1_on this
Ordinance when they knew
that the State's
model Ordinance
was __1_not good
enough for Seminole County. He believes this_`1_ is a very
measured, tempered and
studied approach and is
fully supportive of the Ordinance as it is written. He suggested they keep it at 65% because
it _`1_is available,
it's just not as available as
some would like; but the more there is a need, the more there
is a desire to
buy it, the more it
will be readily available in
stores. Commissioner Constantine pointed out that 12 _%_counties have already adopted similar Ordinances as well as numerous
cities, but the County has
done it right. _%_It
is the most comprehensive
Fertilizer Ordinance in the state.
He reiterated that
there will be an education program and believes that the education program will
work.
Motion by Commissioner Constantine,
seconded by Commissioner Dallari, to
adopt Ordinance 2017-6 amending the Seminole County Code Chapter 270, Water and
Sewer, by adding Part 12, Proper Use of Fertilizers, to maintain compliance
with all TMDLs (Total Maximum Daily Loads) and BMAPs (Basin Management Action
Plans) and the NPDES (National Pollutant Discharge Elimination System) Permit,
as described in the proof of publication; with an enforcement date beginning
October 1, 2017.
Commissioner Carey stated the Ordinance does not say when the 65% slow-release product
becomes available, it says March
1, 2020. Ms. Guillet clarified the Ordinance reads, "If the
necessary product is available on the local commercial market on March 1, 2020."
Districts
1, 2, 3 and 5 voted AYE.
OHIO AVENUE
RIGHT-OF-WAY VACATE/
Wayne
& Lois Bonacci
Agenda
Item #20 PH-2016-526
Proof of publication
calling for a public hearing to adopt a Resolution vacating and abandoning an
uncut portion of a public right-of-way known as Ohio Avenue, as recorded in
Plat Book 1, Page 128, in the Public Records of Seminole County, for property located
at the westerly terminus of Ohio Avenue, approximately 600 feet west of N.
Oregon Avenue, Wayne & Lois Bonacci, received and filed.
Denny
Gibbs, Planning & Development, addressed the Board to present the Item as
outlined in the Agenda Memorandum. Ms.
Gibbs stated staff recommends approval of Item #20.
Lois
Bonacci, Applicant, addressed the Board to explain they requested a vacate due
to drivers who realize they are on a dead-end road and use her property to turn
around in their grass in front of their house.
Her house was robbed a year-and-a-half ago and she believes it would
make it more difficult for people to turn around so quickly if there was a gate
or a hedge on her property.
Richard
Odell, 5001 Nebraska Avenue, addressed the Board and stated he lives directly behind the Bonacci's property and owns Ohio Avenue, which doesn't have a designated number because
it is a vacant lot. He pointed out his driveway that
runs along the Bonacci's
property. Mr. Odell
explained over the past there has been some contention regarding who owns the
property where the driveway is, but it has been surveyed and deeded. He said he is in opposition of the
request because where the
proposed fence would be put up, it would be next to impossible to get out of
his driveway. He has to back out into Ohio Avenue,
which goes toward the dead-end, to turn around and get out of that property
area; and if it is blocked off, it couldn't be done. Mr.
Odell asked for at least 35
feet west of his property corner to where there is still room for people who
utilize the property instead of it being blocked off to the people who reside
there.
Upon
inquiry by Commissioner Carey, Mr. Odell
pointed to the 385 x 20 single
driveway and stated it is deeded to his
Ohio _%_Avenue property. He
plans to eventually put a fence up, but the corner post will be in the center
of Ms. Bonacci's driveway because her
driveway was put in the wrong place and exits across the corner of Mr. Odell's property.
Commissioner Carey asked if Mr. Odell always backs out of his driveway, and Mr. Odell answered sometimes he has to if he just goes up
to his fence and he doesnt go all the way to his property to turn around. Commissioner
Dallari questioned if that is the only
access to his property. Mr. Odell replied that is the only legal access to the
property. He explained Nebraska
Avenue is on the back side
and he put a gate there so he can go in and out of there, but Nebraska Avenue is a private road.
Ms.
Gibbs clarified the Applicant requested a vacate only
where it's flush with their property and then pointed out Mr. Odells
easement. Commissioner Carey
stated based on the survey, it appears that the Applicant's driveway clips the corner of Mr. Odell's property, which is an issue but it isn't
relevant to the request to vacate. Ms. Gibbs agreed and noted that would be a civil matter
between the two entities. Commissioner Carey confirmed with Ms. Gibbs if the Applicant
has to relocate their driveway that with the half that they get from this
vacate, they could straighten out their driveway and turn straight onto Ohio Avenue.
Discussion
ensued regarding whether or not Mr. Odell has a need to back out of his
driveway. Commissioner Dallari noted Mr. Odell identified
what could potentially be an issue if his gate is shut and locked and someone
is trying to deliver something, and he asked the Applicant if she would have an issue with reducing the
amount of property that they are being asked to vacate. Ms.
Bonacci answered she believes
all of the deliveries are on Nebraska
Avenue, so she does not
understand why there is an issue. She explained she built her house
in 1996 and doesn't mind that Mr.
Odell drives down it, but she
is asking for the vacate for her safety and so people stop using her grass to
turn around.
Ms.
Gibbs clarified for Commissioner Carey that_h1_ Nebraska
Avenue is a private
easement and is not a
public road; it is for the residents access.
Commissioner Carey asked who owns the lot on the
other side of the property. Ms. Gibbs answered Lansdowne
HOA. Commissioner
Carey confirmed with Ms. Gibbs that Lansdowne
HOA will get half of the
property. Commissioner Carey
asked the Public Works Director if his suggestion would be 20 feet because of
it being a dead end. Jean Jreij, Public Works
Director, addressed the Board and answered he would go a
minimum of 20 feet, but would probably go 30 feet in case there is a big
truck. Commissioner Carey
opined it would still be tough to turn something around in there. There
is already 30 feet, so if the Board
approved 20 feet, it should
be enough.
Mr.
Odell explained he is asking for 35 feet because his vehicle is 23 feet long
and with a trailer behind it, it makes it difficult to back it up.
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 received and filed.
Motion by Commissioner Carey, seconded
by Commissioner Dallari, to adopt
appropriate Resolution #2017-R-30 vacating and abandoning an uncut portion of a
public right-of-way known as Ohio Avenue, less the first 20 feet from the east
boundary going west, as recorded in Plat Book 1, Page 128, in the Public
Records of Seminole County, for property located at the westerly terminus of
Ohio Avenue, approximately 600 feet west of N. Oregon Avenue, Sanford, as
described in the proof of publication; Wayne & Lois Bonacci, Applicant;
Drainage Easement by Wayne and Lois Bonacci, and Drainage Easement by Lansdowne
Homeowners Association, Inc.
Commissioner
Dallari asked for advice from
the County Attorney. Bryant
Applegate, County Attorney, stated if 20 feet is fine with the parties,
then he doesn't see a problem going forward with the motion. If
there is a problem, they can always come back.
Commissioner Carey opined 20 feet is an adequate
compromise.
Discussion
ensued regarding whether or not the Applicant
has an issue with approving an additional 10 feet. Chairman Horan stated relative to the rights
between the two private property owners, that may be subject to a consensual
agreement and the Board does not have control over that.
Districts
1, 2 and 5 voted AYE.
Commissioner
Constantine voted NAY.
OLEANDER AVENUE
RIGHT-OF-WAY VACATE/
Dr.
Charles & Bonnie Franz
Agenda
Item #21 PH-2016-525
Proof of publication
calling for a public hearing to adopt a Resolution vacating and abandoning an
uncut portion of a public right-of-way known as Oleander Avenue, as recorded in
Plat Book 2, Page 33, in the Public Records of Seminole County, for property
located southwest of the intersection of Lake Mills Road and Lakeview Avenue,
Chuluota, Dr. Charles & Bonnie Franz, received and filed.
Denny
Gibbs, Planning & Development, addressed the Board to present the Item as
outlined in the Agenda Memorandum and stated staff recommends approval of Item
#21.
Paul
Linder, Griffin & Linder, P.A., 738 Rugby Street, addressed the Board and
noted he represents the Applicant. He
stated the property on either side is owned by Dr. and Ms. Franz, the
right-of-way is not open and has never been utilized by members of the public
and there have been no improvements on it so he believes it fits the criteria
for vacation.
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 Constantine, to
adopt appropriate Resolution #2017-R-31 vacating and abandoning an uncut
portion of a public right-of-way known as Oleander Avenue, as recorded in Plat
Book 2, Page 33, in the Public Records of Seminole County, for property located
southwest of the intersection of Lake Mills Road and Lakeview Avenue, Chuluota,
as described in the proof of publication; Dr. Charles & Bonnie Franz,
Applicant.
Districts
1, 2, 3 and 5 voted AYE.
HESTER AVENUE
SMALL SCALE LAND USE
MAP
AMENDMENT AND REZONE/Jack Rosier
Agenda
Item #22 PH-2016-519
Proof
of publication calling for a public hearing to consider a Small Scale Future
Land Use Map Amendment from Low Density Residential to Planned Development and
a Rezone from A-1 (Agriculture) to PD (Planned Development) for a residential
townhome development on approximately 9.7 acres, located on the west side of
Hester Avenue, approximately 700 feet south of Ronald Reagan Boulevard, Jack
Rosier, received and filed.
Brian Walker, Planning
& Development, addressed the Board to present the Item as outlined in the Agenda Memorandum and stated staff recommends approval of Item #22.
Paul
Partyka, 1800 Pembroke Drive, addressed the Board and stated he is here on
behalf of the Applicant. Mr. Partyka distributed written
presentation notes (received and filed) to the Board and gave a brief history
of the property and the proposed project.
He pointed out they are only asking for a maximum of 62 units over the
entire parcel. He discussed a community
meeting that was held on December 17, 2016, and believes there was good
input. Mr. Partyka noted home values
will not decrease and traffic will not be affected by the development. He stated on February 1, 2017, he had a
meeting with Ernest Hamilton, Executive Director of Kids House, and a board
member, an attorney and a planner for Kids House. He discussed several things that were requested
and confirmed at that meeting including no connection to Windsor Square, no
balconies on homes facing Kids House, a 10-foot fence facing Kids House, and a
35-foot landscaped green space from the north boundary to the nearest internal
street curb. Mr. Partyka stated there
have been significant changes made to lower density and asked for Board
approval.
Clay
Gresham, 5624 Autumn Chase Circle, addressed the Board and discussed the
natural beauty of the area. He opined
the townhome project is not compatible with the current elements in the area
including the Autumn Chase neighborhood and the four surrounding
neighborhoods. Mr. Gresham stated there
is a time and place for townhomes and this is not the place. He asked that the Commission deny the request.
June
Hoefling, 5113 Filmore Place, addressed the Board and stated her home and pool
would overlook the proposed development.
She explained that she reached out to Mr. Walker and Mr. Partyka and was
told it was in the basic stages and she could come in for the Planning &
Zoning Commission meeting, which is what she did. She stated the parcel is not the homestead
property of the Rosiers. Ms. Hoefling
said that Mr. Partyka revealed at the community meeting there will be 805
apartments going up directly across the street from Hester in the new Reagan
Center; they had no knowledge of this and she expressed concerns over traffic,
property values and zoning precedents.
She opined this project would only add to those. She then explained why she doesnt agree with
some of Mr. Partykas statements.
Jennifer Cotch, 420 S.
Orange Avenue, addressed the Board and advised she is a land-use planner with
Akerman LLP and is here on behalf of Kids House. She stated Kids House appreciated meeting
with the Applicant and his team, but they decided they are still in opposition
of this project. She explained their
main concern is the Comprehensive Plan Amendment that would change the Future
Land Use Map from the current designation of Low Density Residential to Medium
Density. She does not believe the
conditions in the Ordinance will do enough to ensure privacy at Kids
House. Ms. Cotch does not agree that the
request to change the future land use is in compliance with the Seminole County
Comprehensive Plan and explained why.
Mark
Burton, 5399 N. Ronald Reagan Boulevard, Pastor of Zion Free Will Baptist
Church, addressed the Board and stated the proposed development borders the
backside of the church property, and there is a Medium Density development
going on the west side of this property.
He stated his concerns include safety and the impact to traffic. He requested the Board keep this property as
Low Density Residential.
Bob Burke, 212 S. Crystal Drive, addressed the Board and noted he is the immediate past chairman of Kids House. He clarified that Kids House is not opposed to development, but the concern is this use of transitional zoning that is supposed to be some sort of a buffer between institutional where Kids House is and single-family residences. He questioned the need for transitioning between single-family and institutional when the design of Kids House is about single-family residences connected together to give the feeling to the people they serve that they are kid-friendly. He explained a couple of years ago Kids House purchased the property to the east of their facility along Hester to provide security for their future development as well as giving them access to Hester as a means of getting out to the intersection of Ronald Reagan Boulevard. He added they welcome the development across the street at Reagan Center and the traffic light at Hester and Ronald Reagan Boulevard because it will help traffic and be safer. Mr. Burke stated the privacy and safety of children at Kids House is an important responsibility of staff and the board of directors at Kids House. He opined that transitional zoning of twice the density of the area around them to create a buffer or transition between Kids House and single-family residences just does not work or make sense. He noted he does not agree with many of Mr. Partykas statements.
Melody
Manger, 5679 Autumn Chase Circle, addressed the Board and said she is speaking
on behalf of the Autumn Chase HOA. She
stated she is not against development, just over-development and listed a few
reasons. She discussed the hastily
called community meeting held the week before Christmas and said there were
over 60 people in attendance who are opposed to a townhome development. She noted the property is investor owned and
not a homestead. She reminded the Board
that the P&Z Commission recommended denial of the request and gave a
detailed comparison of similar developments in the area. Ms. Manger stated the pond on the property
drains into Six Mile Creek, which drains into Lake Jesup, and everyone is
concerned about preserving the water quality.
Jay
Manger, 5679 Autumn Chase Circle, addressed the Board and stated traffic is
growing in the County so the idea that a townhome community would be less
traffic than a single-home residence is unbelievable. He questioned if the County really needs
higher density in certain areas. He
opined that townhomes are less desirable properties and his community is 100%
opposed to having them, but they are okay with single-family residences on the
subject property. He believes they want
to put in townhomes now because someone will make more money.
Carter
Downs, 420 South Orange Avenue, an attorney with Akerman LLP, addressed the
Board and noted he represents Kids
House. He
opined that the Master Plan doesn't reflect the way the water is laid out on
the property and the Preliminary Site Plan shown today was not included with
the materials for today's meeting. The Master Plan is missing
topography, location of streets, facilities, general landscape concepts and structural concepts, all
of which are required to be in the Master Plan pursuant to the Land Development Code. Chairman Horan asked if Mr. Downs was talking
about the requirement of PD zoning and Mr. Downs responded that he was. Mr. Downs argued as far as assessing
consistency with the Comprehensive Plan, he does not feel Windsor qualifies as
an adjacent property to judge compatibility.
He discussed protecting the character of the community and quality of
life in Seminole County, and protecting one of its unique assets which is Kids
House.
Mr.
Partyka stated he would like to reply to the comments made. He explained this project is a bubble plan
and the key to a PD agreement is the Development Order so the rules are in
place when you finally do the engineering on the Site Plan. He opined they follow the Code and staff has
made their comments. He discussed Reagan
Center and noted it is a catalyst project for the County. Mr. Partyka stated there is no market in this
location for single-family homes and reiterated the money and the impact to
traffic is the same. He is disappointed
that he agreed to many of the conditions laid out by Kids House and they are
still unsupportive. Mr. Partyka
explained that this area will stay rural.
There are churches, commercial use in terms of Kids House, and Windsor
Square with eight units per acre, so it is basically an enclave with commercial
pieces all around. What he is trying to
do is have something that is marketable for the owner, like beautiful $220,000
homes. He discussed the average income
for Seminole County.
In
regard to the opinions that some of Mr. Partykas comments were false, he
stated everything he put in black and white is true. He discussed the success of Legacy Park. Mr. Partyka noted the townhomes will not be
rentals. In regard to safety, he does
not think an overgrown piece of land is safe.
Mr. Partyka opined it is a good project that has the support of staff
and is the only practical, realistic use of the property.
Mark
Hoefling, 5113 Filmore Place, addressed the Board and stated he confirmed with
the owners that Mr. Partyka confronted them to acquire the property and there
was never a sign up to show that it is available for sale.
Kevin
Killough, 5136 Filmore Place, addressed the Board and stated his main
contention is Hamilton Place is 40 homes, Hidden Creek is 23 homes and this
project would be more townhouses than both subdivisions closest to them. He discussed his reasons for moving to
Hamilton Place from New Jersey. He asked
the Board to turn down this project. Mr.
Killough suggested the Rosiers could sell their property at one house per
quarter acre, which is the current zoning.
With regard to public participation, no one
else in the audience spoke in support or in opposition and public input was
closed.
Speaker
Request Forms and Written Comment Forms were received and filed.
Commissioner
Dallari and Commissioner Carey submitted their ex parte communications (copy
received and filed). Chairman Horan
stated he received the same ex parte communications.
Commissioner
Carey explained this is a very sensitive
area and it was so important to prior county commissioners that they actually
commissioned the Myrtle Street Study Area
Urban _#_Conservation.
Autumn Chase wasn't there at the time and it was the first
development that came out of this study.
The intent was to
create a village feel because of the sensitivity of Six Mile
Creek _1_and Lake
Jesup. She stated she understands that the character
of the county is changing and it is going to continue to change, but change is a good thing. Reagan
Center will be a catalyst
program which will spur a lot of redevelopment along U.S.
17-92 and eliminate a lot of the blight that the county has had for many years after I-4 came and suburbs started to occur. Commissioner Carey explained when you go down Hester Avenue and Myrtle
Street, there is a very rural
feel and it was intended to be that way.
Several things have happened
dow_1_n in that community,
which were allowed to happen
based on zoning, but are out of character and scale. However,
the community has remained relatively rural.
Commissioner Carey opined that Reagan Center will change
the_o1_ neighborhood greatly
and the
ch_y1_ange
of extending Hester Avenue to
U.S.
17-9_2_2 will make it easier
for some people to get in and
out. She
added Windsor Square was the right
zoning for a site
tha_1_t fronted
CR 4_1_27 and the County was
very careful
with buffering
around the perimeter
of that particular parcel to make sure
that the people_1_ on
Thomas
Stable
Drive were protected. She
stated she
does not feel like this is
the right thing for
this particular site,
but thinks that four units per acre is suitable. She has spoken to Mr. Burke at Kids House and
wonders if, in the long run, it is going to be the right spot for Kids
House. She noted that it is not a
requirement of the Code to have a community meeting and then discussed her
dissatisfaction regarding a 10-foot fence.
Commissioner Constantine stated this
is more than a _1_zoning
change, it _1_is a
land use c_1_hange; and in looking around
the property,
there is a Planned Development to one half of o_#1_ne
side and everything else around
it is Low Density Residential. He
believes the request is the wrong use of the property
and P&Z got
it _]3_right
with their denial. He
is excited about
Reagan Center, but that is where it belongs. He
reiterated that this property should stay Low Density Residential,
and Commissioner Dallari agreed.
Chairman Horan explained his concern is
the density and the fact that they are going from Low Density
Residential to Planned Development. When t_X2_hat happens, usually they
have negotiated zoning, which requires a
Developer's Agreement. At
this point, it is a b_u1_ubble
plan. They don't _y1__z1_know if they
can get 6_2_2 units
out of this particular prop_1_erty because they don't even k_1_now where
the_1_ wetlands line is. He stated he doesn't know how much usable
land there actu_1_ally
is and the problem he
has is he doesn't think that property is queued up for _%_PD zoning.
Mr.
Partyka stated he is going to
take all of this into consideration and talk with the owners and make sure they
get everyone involved including Park
Square. He
requested a continuance.
Motion by Chairman Horan, seconded by
Commissioner Dallari, to continue
the request to adopt an Ordinance enacting a Small Scale Future Land Use Map
Amendment from Low Density Residential to Planned Development and adopt an
Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development)
for a residential townhome development on approximately 9.7 acres, located on
the west side of Hester Avenue, approximately 700 feet south of Ronald Reagan
Boulevard;, as described in the proof of publication; Jack Rosier, Applicant.
Commissioner
Carey stated Hamilton Place is a PD
because of the clustering function which came out of the study. If
they were going to develop consistent with the four units per acre around it,
they don't need a Small Scale Land Use
Amendment,
they would need _1_to come
in _1_with a
PD zoning and an
ac_1_tual plan
for the rezoning from
Agriculture to Planned Development. She
asked the County Attorney what the difference would
be between continuing it or denying it. Chairman Horan
noted if there's a
denial, it's one year before they can come back. Commissioner
Carey stated if it is a denial without prejudice,
they could come back before that. She explained if a continuance gives them the
opportunity to not have to come back and pay the fee again, she is happy with a continuance; but if it
changes so much that it has to be advertised again, they would have to pay something. Mr.
Applegate responded that is correct.
Ms.
Guillet explained if they had to advertise
again, the County would ask
the Applicant to absorb that
cost. However, if the Board continued it, they wouldn't have to start over completely
from the beginning. From a staff standpoint, there is
no problem working with them as a continuance, staff would need to re-advertise
it because there is no date
certain. Ms.
Guillet stated she doesn't
know how long it
is going to take
to get to a point where staff can bring
something back for the
Board to consider. She suggested it may be worthwhile
to continue so they do not have to start over.
Commissioner Carey explained
even if they do four
uni_2_ts per acre, they have
to come back_1_ because
they have an A-1
zoning. So one way or the other, they
have to come back.
Commissioner Carey stated she would support a continuance and confirmed with Ms. Guillet that they do not need a time period added onto
that. Ms. Guillet
reiterated the Applicant
would be obligated to cover any costs for re-advertising.
Districts
1, 2, 3 and 5 voted AYE.
-------
Chairman
Horan recessed the meeting at 5:20 p.m.; reconvening at 5:25 p.m.
ESTATES AT
WELLINGTON PD REZONE/JIM MEHTA
Agenda Item
#24 PH-2016-539
Proof of
publication calling for a public hearing to consider adoption of an Ordinance
enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a
twenty-four (24) lot single-family residential subdivision on approximately
36.79 acres, located on the south side of Mikler Road, approximately one (1)
mile south of Red Bug Lake Road, Jim Mehta, received and filed.
Rebecca
Hammock, Planning & Development, addressed the Board and stated the
Applicant for Estates at Wellington is requesting a continuance to the March
14, 2017, BCC Meeting.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the continuance and public input was closed.
Motion by Commissioner Dallari, seconded
by Commissioner Constantine, to
continue to March 14, 2017, at 1:30 p.m., or as soon thereafter as possible,
the request to adopt an Ordinance enacting a Rezone from A-1 (Agriculture) to
PD (Planned Development) for a twenty-four (24) lot single-family residential
subdivision on approximately 36.79 acres, located on the south side of Mikler
Road, approximately one (1) mile south of Red Bug Lake Road); and approve the
associated Development Order and Master Development Plan; Jim Mehta, Applicant.
Districts
1, 2, 3 and 5 voted AYE.
CHAPMAN APARTMENTS LSFLU MAP
AMENDMENT
AND REZONE/Bryan Potts
Agenda Item
#25 PH-2016-505
Proof of publication calling for a
public hearing to consider a Large Scale Future Land Use Map Amendment from
Industrial to Planned Development and a Rezone from A-1 (Agriculture) and PD
(Planned Development) to PD (Planned Development) for a mixed use development
on approximately 42.32 acres, located on the southeast corner of SR 417 and
Chapman Road, Bryan Potts, received and filed.
Chairman
Horan stated the Applicant has requested that this Item be continued to the
March 14, 2017, BCC Meeting and Ms. Hammock confirmed.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the continuance and public input was closed.
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to
continue to March 14, 2017, at 1:30 p.m., or as soon thereafter as possible,
the request to consider a Large Scale Future Land Use Map Amendment from
Industrial to Planned Development and a Rezone from A-1 (Agriculture) and PD
(Planned Development) to PD (Planned Development) for a mixed use development on
approximately 42.32 acres, located on the southeast corner of SR 417 and
Chapman Road; Bryan Potts, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
TRANSMITTAL OF
THE RETREAT AT ORLANDO II (AKA THE STATION)
LSFLU MAP AMENDMENT AND PD REZONE/Jason Doornbos
Agenda
Item #23 PH-2016-538
Proof
of publication calling for a public hearing to consider transmittal of a Large
Scale Future Land Use Map Amendment from Industrial, Commercial, and High
Density Residential to Planned Development and a Rezone from M-1A (Light
Industrial), C-2 (Retail Commercial), and R-3 (Multi-Family Dwelling) to PD
(Planned Development), for 187 rooming apartments (750 bedrooms) for student
housing on approximately 33.8 acres, located on the east side of Alafaya Trail
(SR 434) and on the north side of Park Road, Jason Doornbos, received and
filed.
Rebecca
Hammock, Planning & Development, addressed the Board and presented the Item
as outlined in the Agenda Memorandum.
Ms. Hammock stated the Applicant is requesting to add a Development
Order condition, Condition W, to increase the building height of the elevator
shaft only for the parking garage. The
existing Condition W will become Condition X.
The new Condition will read as follows:
The roof height of the elevator shaft in the parking garage shall be a
maximum of 38 feet to accommodate handicapped vans on the first floor of the
garage. The remainder of the project and
parking garage will meet the 35-foot maximum height requirement.
Staff
finds the request to be consistent with the Comprehensive Plan, Land
Development Code and compatible with the trend of development in the area and
recommends approval.
Commissioner
Carey asked if the Simtek fence is a wall. Ms.
Hammock answered the
rendering shows a prefabricated wall, but she would rely on the Engineer of Record to explain. Commissioner
Carey opined it looked like a
precast wall to her. Ms. Hammock explained it does look like that in the rendering that is
provided as part of the Development
Order, but the wall would
have to be in compliance with that rendering.
Commissioner
Dallari stated in
looking at the aerial, there appears to be an enclave. Ms.
Hammock responded it is a
750-square-foot parcel that is owned separately and contains a cell tower. The
access will be through the proposed planned development and that is in the Development _%_Order.
Randy
Morris, RM Strategies, 323 West Trotters Drive, addressed the Board and
introduced Jason Doornbos, Landmark Properties, Developer; Tom Sullivan,
GrayRobinson, Attorney; and Jim McElroy, Project Manager. He stated this is an
administrative and quasi-judicial hearing.
It's important _1_to understand
that this property is currently
zoned Industrial and is also zoned
Commercial, and a
small part of that is zoned
High-_2__%_Density Residential and it is in the 550-foot setback. Mr. Morris
highlighted the Econlockhatchee River Corridor Protection
Zone _%_(ERCPZ), FLU
Policy 1.10, noting the first
550 feet is a buffer zone that no one would build in and the second 550 feet is where the Industrial and the Commercial properties are
grandfathered in. There is also a billboard on the
site which would be removed
and it would make for more compatible zoning as Medium-Density Residential.
Mr. Morris
read by title each part of the Land Development Code he believes they are in
concurrence with. He submitted a letter
from Landmark Properties (received and filed) and
discussed parking and utilization rates for this project and another project,
The Retreat. He _%_Hesubmitted the resumes (received and filed) for Charlie Madden, Madden, Moorhead & Stokes,
Inc., _%_Engineer of Record; Kok Wan Mah
and Fabricio Ponce, VHB, transportation studies; John Miklos, Bio-Tech, environmental studies; Christine
Newman, archaeological study;
and Kathy Hattaway, Poulos
& Bennett, Planner.
Mr. Morris
noted that today is a transmittal hearing and stated they have already done
some things they would have
typically done for the adoption hearing 30 days after this. For
instance, VHB has done a complete traffic
study (received and filed) which County
staff has reviewed and approved. Mr. Morris
noted one of the micro studies was done on Park Road and the movements on Park
Road onto Alafaya Trail
including a right turn, a u-turn going to UCF, and a left turn onto Park Road, and staff has also
reviewed those. That micro study was
done because of the great concern of the movements and _1__1__1_trip counts
to see if they are excessive for the
area and whether or not the project will be viable in
terms of how the
entryway is set up on Park
Road.
Mr. Morris stated they have had a
number of meetings with
individual residents. There was a large community meeting
held at The Retreat, another
student housing project, so everyone could get an idea of what The Station would be like.There were also a series of meetings with
individual residents after that, and there were a lot of compromises that were dealt with. Mr. Morris stated they have
the Concurrency Determination letter (received and filed) from the School Board confirming there will not be any school-aged
children there and also an acceptance letter (received and filed) from the Department
of State regarding of the
archaeological study that was done. He also pointed out the Board has _1_had the opportunity to see the Comprehensive Plan Amendment
Justification Report (received and filed). Mr. Morris stated Park Road is a road that has a terminus
at the gates of Palm Valley, the other terminus is Alafaya Trail and there are no other cut-through
roads. He also submitted the Facility Capacity Impact
Assessment (received and
filed) that deals with all the utilities.
Charlie Madden, Madden, Moorhead
& Stokes, Inc., Engineer of Record,
addressed the Board and began a presentation (received and filed) of the
proposed development entitled The
Station Orlando prepared by Williams & Associates. The
first rendering is the one
that was originally
presented at the community meeting. One of the key things was the
buffer against the single-family homes on the east property line. They started off with what the Code required which was a 15-foot
landscape buffer and a 25-foot building setback. There
were a lot of concerns about parking and the number of beds. There was also a concern regarding buffering; and the eastern buffer was
voluntarily changed to a 25-foot undisturbed buffer and instead of a 25-foot
building setback, they
changed it to a 75-foot building setback.
Mr. Madden explained the
other thing that they did was
agree that there would be no balconies on buildings facing east along the east
property line. _%_He discussed parking and noted they have found that about .85
parking spaces per bed is an acceptable ratio because about 10% to 15% of their clients don't have
automobiles. Mr. Morris noted they also
control how many parking passes they can rent or give to their clients.
Mr. Madden reviewed the plan for the parking garage. He
pointed out that the garage was increased to three stories from two stories and they were able to get a one-to-one ratio with 20 guest
parking spaces giving them
an extra 95 spaces provided not all students will have an automobile. Mr.
Morris noted in the Development
Order there is some language
where if a parking issue were discovered later, they would either restrict the
number of parking permits by the students or restripe to add more compact-type
spaces. Mr. Madden
stated they also removed the smaller entrance closest to Hunt Lane due to concerns.
Mr. Madden explained there is a change
in the Development Order and that is that the height
of the parking garage will meet the 35-foot requirement, but the roof over the
elevator would need to be 38 feet to accommodate handicapped vans on the first
floor of the parking garage. One other tweak that they are
requesting is for the pool to be open during the same hours as the clubhouse, which is 24 hours a day, instead of 7:00 a.m. to
11:00 p.m. Mr. Morris
explained the clubhouse has student study centers, computer rooms, and group study
rooms. Mr.
Madden noted that at The Retreat, the pool is open 24 hours, which is consistent
with the clubhouse, because when kids are in there studying all
night, they want to walk outside by the pool and take a break. He stated if theres a concern about noise,
they have very strict noise requirements and standards in the Development Order
that limit noise at the property lines.
He added the pool is buried in the middle of the property, so if there
was ever an issue, it would be internal and not affect any of the nearby
properties.
Mr. Morris
explained the prohibition of any outdoor sound amplification device would still
start at 11:00 p.m. because it would be the one area in the complex where there
could be sound amplification. He confirmed for Commissioner Dallari that the clubhouse is still
going to follow all of the noise Ordinances
of the County. Mr.
Madden clarified they are not
asking for anything different than what's in the Development
Order regarding sound.
Mr. Morris continued stating there is an existing block wall and the neighbors requested that
it stay, so they will put
in a fence on the other
side of the buffer. Mr. Madden
clarified the fence is
on the inside of the 25-foot buffer. The existing wall is along the
backs of the first three lots and those property owners requested that the wall
is left there in addition to the new wall that will be put up.
Commissioner
Dallari commented it looks
like there is a roundabout and asked if it is a gated community. Mr.
Madden answered yes. Mr.
Morris stated there is
stacking capacity at the gate so there won't be stacking on Park Road. Mr. Madden
continued his presentation and reviewed a rendering of The Station from the view of Park Road. As
part of the Development _%_Order, he noted this rendering is representative
of how the buffer is going
to block vision between the existing community and the new development. The
idea is that there are a lot of natural trees in the 25-foot buffer and they are going to do supplemental
plantings to block the view
into the backyards of the homes on the east.
He pointed out the Simtek
fence and stated there will be a natural
25-foot buffer on the side
of it. Commissioner Carey asked what the
Simtek fence was made out of, and Mr. Morris answered PVC. Discussion ensued regarding landscaping. Mr.
Madden stated the landscaping will meet the Land Development Code
and the idea is to plant something that has a head large enough to block the view from the
property to the other communities. Per
Commissioner Dallaris comments, Mr.
Morris_%_ stated they
will provide the Board with
more detail on that issue if
this is transmitted and successfully permitted.
Commissioner Carey also requested they provide
additional informational on the wall so it is called out specifically in the Development Order. Mr.
Morris explained they have the _%_wall in the Development Order
because that is the eastern property side.
Mr. Madden
displayed a rendering of what the property could look like if it was redeveloped as an industrial park
and discussed what the Code
would require if someone redeveloped the
property with the grandfathered-in Land
Use. Mr.
Madden noted all of the
surrounding areas and said they are higher density than the proposed property.
Mr. Morris submitted the unofficial
minutes from the P&Z Meeting (received and filed) into the record and stated Palm Valley is a 55-plus
community with approximately 790 homes and 1,200 residents. He
has talked extensively with representatives from their b_%_oard of directors
and also with their authorized community agent, Hometown America,
who owns the underlying property. Mr. Morris explained he was taken aback at what is
occurring currently in the Palm
Valley neighborhood.
Park Road has a terminus road right at Palm Valley's gate. What people are doing is they are
driving through that gate, frequently breaking the gate, and driving on private
property. People also walk from other neighborhoods through Palm Valley
which is a private community. Mr. Morris stated they took that seriously and talked to Landmark Properties
about it; and they questioned if the proposed property were built, could this
problem possibly be exacerbated. So they have negotiated a
settlement with Hometown America and with the HOA to construct or to help fund a
fence that runs along their border on Park
Road and also a gate that
would be more substantive than the current PVC gate they have now.
He submitted a couple of letters (received and
filed) for the record from the Palm
Valley Homeowners _%_Association and from Home Town
America.
Rod Jobman,
3481 Hunt Lane, addressed the Board and noted he is speaking on behalf of
himself and three other homeowners on Hunt Lane. He stated they met with the developers and
requested the setback change from 50 to 75, the single exit onto Hunt Lane, the
parking from 85% to over 100%, and removal of balconies; and he truly
appreciates those changes. He opined Mr.
Morris and his team have done a phenomenal job and most people just dont like
change. Mr. Jobman discussed traffic,
stormwater and green space. He stated he
used to live next to a couple hundred college students and they are really good
kids.
Jolene
Burns, 1079 Dees Drive, Home Town America Communities, addressed the Board and
stated she represents CWS Communities LP, the owners of the land that Palm
Valley is on. She explained she had
submitted a letter of opposition and she would like to withdraw that and submit
a letter (received and filed) of support.
She then read the letter into the record.
Ralf
Brookes, 1217 E. Cape Coral Parkway, addressed the Board and stated he is an
attorney representing Lee Day who lives at 3441 Hunt Lane and the property
owner Jenica Fahey. He noted his
certifications and discussed the process of Land Use Amendments and
Rezones. He explained that the property
is unique because it is adjacent to the Econ and discussed where the
development is proposed to be. Mr.
Brookes opined the Land Use Change and Rezone are pretty good because they will
preserve the northern portion of the parcel, but they propose to take out an
area for development. He explained that
area is an important natural resource, adjacent to the Econ and inhabited by
gopher tortoises. He discussed how
tortoises and other wildlife affect the ecosystem and reviewed the
Comprehensive Plan as it relates to protecting natural resources. He also discussed concern over amplified
music being allowed until 11:00 p.m.
Bill Hyde,
2379 Audley Street, addressed the Board and expressed his concern regarding a
change in Industrial and Commercial property with the potential for jobs, to
one that is residential and only benefits Orange County. He discussed future issues with how this
development would affect McCulloch Road.
Tonya
Tolson, 3448 Kayla Circle, addressed the Board and noted she is the President
of the East Pointe HOA. She stated after
a great deal of deliberation, the HOA, which encompasses 74 private homes,
strongly opposes the proposed project.
She opined the project will not be beneficial to the community. After attending community meetings and
P&Z meetings, there are still major concerns regarding transportation. Ms. Tolson explained college life is far more
experimental and risk-involved than the stable family life her community is
desperately trying to maintain. She
discussed the increase in crime at student-housing facilities and safety
concerns. Ms. Tolson asked for
reassurance that the tortoises would be relocated and no-take permits are
filed.
Gary
Exner, 410 Lake Lenelle Drive, addressed the Board and noted he is here on
behalf of Kelly and Dennis Endres who are property owners on the property
immediately to the north and adjacent to the subject property. They own the properties on both sides of the
Little Econ River. He described their
property and their intent to put it into a conservation easement. He stated the concerns are in regard to
contaminates, inorganic pollutants, heavy metals, total suspended solids, oils
and greases that might be associated with the potential parking areas. Other concerns are the potential dilution of
the pristine value of the Endres properties, the gopher tortoises and other
species, and air quality issues resulting from new traffic patterns. At the request of the Board, Mr. Exner
pointed out the Endres property on the aerial map.
Kelly
Endres, 1130 Grayson Drive, addressed the Board. She is the property owner of 3125 Lowery
Drive that Mr. Exner is representing.
She stated the northern proposed development property line is the
southern portion of her parcel and reiterated her properties are on both sides
of the river. Commissioner Carey asked
how she accesses her property. Ms.
Endres answered there is an easement from Lowery Drive, which is across the
river on the other side; and they also have access through the eastern
boundary. So with the development of the
property and the construction of the wall, she will no longer have access to
that side of her parcel through the eastern access. Commissioner Dallari confirmed her parcel is
within the first 550 feet of the Econ Basin where she cannot construct
anything. Commissioner Carey asked if
she has an easement down the eastern boundary of the property currently. Ms. Endres answered they do not have a legal
easement and that is why she is here to ask for help so she doesnt get
landlocked.
Lee
Day, 3441 Hunt Lane, addressed the Board and stated this development will
affect his property value and way of life, it will impact the Econ River Basin,
it will cause a great deal of noise seven days a week and late at night, and
create traffic congestion. He opined
that the environmental study that was conducted by BioTech Consultants needs to
be done again by an independent environmental survey company and the County
needs to appoint an independent wildlife biologist and he stated why. Mr. Day discussed the unsupervised recreation
area inside the 550-foot zone and how it could impact the very fragile
ecosystem, and he voiced his concerns in regard to the behavior of college
students. He asked that the developers
dont develop on the conservation parcel at all. He suggested a 125-foot buffer behind his
house and his neighbors house and pointed out accommodations the developers
have made for other people in the community.
Mr. Day remarked on the property at The Retreat, there is a sign that
reads Natural Conservation Area. No
dumping, land clearing, or other disturbance to native soils or vegetation is
permitted beyond this point, yet the developers want to go into the Econ River
system and let college kids do what they do best, party and cause
disturbances. In closing, he presented
Calls for Service in surrounding areas.
Copies of the documents presented by Mr. Day were received and filed.
Jenica
Fahey, 3441 Hunt Lane, addressed the Board and stated no one would want to live
next to 750 college students. Its not a
preferred situation and she would like for the Board to think about that.
Ifrain
Lima, 1130 Grayson Drive, addressed the Board and noted his wife is Kelly
Endres and they own the property at 3125 Lowery Drive. He reiterated that all they are asking for is
access to their three-and-a-half acres.
He discussed the local retention ponds and the issues they are having as
well as light pollution from the parking garage. Commissioner Carey asked if all of the land
that he owns is in the Econ Conservation area.
Mr. Lima answered about 90% of it is.
Commissioner Carey asked if they reside on the property and whether they
are going to put it in a conservation easement because they cant do anything
else with it. Mr. Lima explained he
bought it because his goal is to buy 1,000 acres of land and turn it into the
government before he dies. Upon
Commissioner Careys inquiry, Mr. Lima reiterated they do not have legal access
to the property. Ms. Endres clarified
the only way to get to the parcel is via walking through the land or crossing
the river, but there is no legal access from the south side.
Commissioner
Dallari noted his office received a complaint from a resident regarding
stormwater issues from the property to the north. Staff investigated it and reported there were
no findings at the time of their investigation.
Chris
DiDonna, 3410 Hunt Lane, addressed the Board and discussed his community. He opined the infrastructure is not up to
speed for 750 more people in the neighborhood.
He stated he is a college pastor at UCF and enjoys college students;
however, having 750 college students in the neighborhood will not end well for
the current residents. Mr. DiDonna
discussed home value, crime, loss of nature, noise and light pollution. He reminded the Board that Seminole County is
Floridas Natural Choice.
Donna
Campbell, 3461 Hunt Lane, addressed the Board and stated she wishes the Board
could visit her backyard for one night and observe what will be lost if the
Board changes the zoning. She discussed
the current buildings on the proposed development property, gopher tortoises
and greenery.
Marjorie
Holt, 8502 Alveron Avenue, Sierra Club Central Florida Group, addressed the
Board and noted she is a longtime advocate for the protection of the Econ. She stated in regard to the Master Plan, it
does depict a public recreation area; and she is wondering if this is a gated
community, what makes it a public recreation area. She asked what keeps the students from going
into the public recreation area that appears to intrude upon the riparian
habitat protection zone. She requested
some refinement regarding the recreation area.
She suggested signage and limitations in the Development Order for
protection of that area. She voiced her
concerns about the community being gated and questioned how authorities can get
into the community. She discussed past
issues with college students who lived in her community and opined they do not
have the same investment in the community as the homeowners do.
Commissioner
Carey requested Ms. Hammock speak in regard to the passive recreation area
shown on the site plan. Ms. Hammock
stated the passive recreation area is within the first 550 feet and is not open
to the public. Within the 550-foot
protection zone, you can have passive recreation and wetland creation in that
area.
Chairman
Horan recessed the meeting at 5:55 p.m., reconvening at 6:00 p.m.
Mr. Morris
stated he would like to address some concerns that were mentioned. In
regard to traffic, Mr. Morris and his team supplied an
actual traffic study in advance and County
staff reviewed that study. Commissioner Dallari asked if they did a u-turn
study and Mr. Morris answered yes.
He added that has been
submitted along with studies of left-turn movement onto _%_Park Road and right-turn movement onto Alafaya Trail. Mr. Morris
explained that since the last P&Z meeting, _%_they notified the P&Z Board
that the community was not
able to be a part of the UCF
shuttle system even though it is within a ten-mile radius. However,
Mr. _%_Morris has since heard from UCF and they have reconsidered
their position, so they will continue talking in terms of access to the
shuttle. He explained the Development
Order states that there will
be a shuttle available that is maintained by the development and/or maintained
by UCF. That
is one of things that will keep
the traffic counts down although the study doesn't cite that in terms o_T1_f raw
numbers.
Mr. Morris pointed out a triangular area of the property that had
been referred to as a conservation area.
He stated that is an incorrect statement and explained
that there are plans that show an approved industrial site, Phase 11, for that
exact area. It's
not conservation. They will be preserving additional wetlands and the 550 feet as requested
and as the Econ Ordinance calls
for. In regard to the comments about
widening the buffer and adding footage to the setback, Mr. Morris noted the
project simply would not work if they did that and they have already exceeded
the Code requirements. He added that
half of the residents to the immediate east of the proposed project he has met
with oppose the project and the other half were in favor of the project, and
those are the people directly affected in the most impactful way.
Mr. Morris
stated there was a comment made that some densities were missing from the
Compatibility map. He explained that map
was produced by County staff and not by his team so he is not aware of what may
be missing. However, it does show that
the proposed development is less dense than the surrounding properties and
reminded that they are considered Medium Density and not High Density under the
Code. Mr. Morris
spoke to the concern of losing
jobs in Seminole County. He
stated the tenants that are in the current building on the property are being
relocated to other industrial sites within Seminole County
so there is no business loss. Mr. Morris explained
the piece that has been
grandfathered in would never be permitted as Industrial today, nor
would the Commercial on the corner
piece that exists today.
Mr. Morris discussed the incident
reports that were submitted and noted most of them are towing issues and the actual number of incidences is
quite minimal for a community of that size. He explained Landmark
Properties is a national award-winning builder and the
industry recognizes them as the best student housing builder in the country.
They build a high-end
product with on-site residential management,
so the students will not be unsupervised. Mr. Morris opined in order to operate a high-end student housing project,
you need to maintain
discipline. There is a "three
strikes and you're out policy." Over 20 residents have _1_been removed from The Retreat because
they violated the policy.
There is an
offer to have a She_1_riff live on site; they have their own security service;
and they also do a background
check that is not j_&1_ust a
once-warranted background
check, it includes
Iterpol, international sex registry, and homeland
security because
it's an internation_H1_al
university. Mr.
Morris stated in terms of UCF
being an Orange County
University, he opined
UCF is a regional
resource, one of the _m1_great
institutions in
Central Florida
that Seminole County
res_1_idents
use.
Mr. Morris stated he stands b_1_y BioTech because they are leading researchers so they _h1__%__i1_will not
do a new study. As far as the complaints regarding
the name of the development, Mr.
Morris explained it is no
longer called The Retreat. They
changed the name because the neighbors asked them to. It
is now called The Station on Alafaya. In terms of Mr. Exners argument, Mr. Morris
explained there is no easement there, nor will there be an easement
granted. He stated there is no public
recreation area in the site plan.
The issue
of the conservation area and the passive recreation that would occur on the property is exactly where
it is right now, a path that leads down to the cell tower which is private
property, and there's an existing retention pond that is not being maintained
with a path around that. There are no paths or trails in any
other part of the development and there will be no-trespass signs posted. It
will be very clear students are not allowed to go back in there.
Mr. Morris
said that someone mentioned that they gave a buffer area to a homeowner at The
Retreat, and he explained that was not the case. It was part of a wetland system that wraps
around the backside of the property and goes between that home and The Retreat
property. The additional buffers for
this project already exceed the Code requirements, and these are the buffers
the neighbors asked for.
In regard
to this triangular piece of property, Mr. Morris explained that if it were to
stay and be redeveloped as Industrial, it would not have come before the Board
for approval. It would be an approval
process by County staff and site-plan driven because it has been grandfathered
in.
Commissioner
Dallari confirmed with Mr. Morris
that the first 550 _\3_feet
are always protected and the
second 550 feet
are limited.
Commissioner Dallari asked if the existing subdivision to
the east is in the first 550 feet. Mr. _#_Morris responded some
of the homes on Hunt Lane actually fall into the 550
feet according to their engineer. Commissioner Dallari confirmed with Mr. Morris
that if that subdivision was being developed
today, they could not do that.
Commissioner Constantine
questioned whether or not a police officer would want to live on the property
and Mr. Morris answered there are two
currently living at The Retreat
and reminded that there is also security provided by the development.
Commissioner Dallari stated they have not gone
into final engineering yet. He asked about
stormwater and Mr. Madden advised they have identified retention areas and they
are going to treat it per Seminole
County and St. Johns
requirements. Right now there is a substandard
system that was built back in the 70s
or 80s, and there is a pond
on t_̾2_he property that no one has maintained. There is a series of stormwater pipes that go down one side of the cell tower and there is an overgrown path
and a berm around the pond, which will be cleaned up and maintained by the
property. Mr. Madden
noted there is already an existing pipe, so_W1_ rather
than_Z1_ doing
a br_]1_and new
pipe, they are going to tie everything _p1_in so they can _y1__z1__{1_utilize the existing pipe that's been
there for the last 30 years with minimum disruption of the wetlands. He pointed out an area stating it is
beautiful and very important to the project. He reiterated that signs will be posted and the only
place students can walk around there is
on the existing path going down to
the pond and around
the berm. St. Johns and County staff did not have a
problem with that because it is existing.
Mr. Morris noted in regard
to light pollution that
is _1_occurring from some
northern properties to
the south, the Development _%_Order
covers the lighting issue in terms of limited illumination levels
and dark sky lighting so they will not see the problems that the other
apartments to the north have.
He asked the Board for their consideration to
transmit the Ordinance
as discussed.
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 Comment Forms were received and filed.
Commissioner
Dallari stated he met with the Applicant, various residents, received various
emails and correspondence, and he will submit all that for the record. He also went to visit the site twice, and
visited The Retreat with the Applicant and once by himself, and he is basing
his decision on the information that has been presented at this public
hearing. He stated he is proud of UCF
and believes it is a regional asset. He
discussed UCF students and the fact that students stated they feel safe at The
Retreat on SR 50. Commissioner Dallari
stated his issue with this property is its existing Industrial, and that would
not have been approved to be put there today.
He would not want this piece of property to be developed Industrial
because of the environmentally sensitive areas around it. He opined it is a good thing that the
Applicant is trying to down zone the property.
Commissioner
Dallari stated he would like to change the Development Order to allow the roof
height of the elevator shaft in the parking garage to be a maximum of 38 feet
to accommodate the handicapped vans on the first floor. He added he would also like the Development
Order amended so that the pool would have the same hours of operation as the
clubhouse, as long as the residents are abiding to their lease as well as the
Countys standard for noise.
Ex parte
communications from Commissioner Carey and Commissioner Dallari were received
and filed.
Motion by Commissioner
Dallari, seconded by Commissioner Constantine,
to approve Transmittal, to State and regional review agencies, of a Large Scale
Future Land Use Map Amendment from Industrial, Commercial, and High Density
Residential to Planned Development; and the associated Rezone from M-1A (Light
Industrial), C-2 (Retail Commercial), and R-3 (Multi-Family Dwelling) to PD
(Planned Development) for 187 rooming apartments (750 bedrooms) for student
housing on approximately 33.8 acres, located on the east side of Alafaya Trail
(SR 434) and on the north side of Park Road; with the requested changes in the
associated Development Order as submitted today and Master Development Plan, as
described in the proof of publication; Jason Doornbos, Applicant.
Commissioner
Carey asked when the adoption of the Ordinance enacting the Rezone
happens. Ms. Guillet answered the
requested action today is to transmit the Land Use Amendment and the associated
Rezone. Commissioner Dallari clarified
it will come back for their consideration of adoption. Commissioner Constantine stated he believes
that the citizens need to continue to work with the Applicant.
Commissioner
Constantine explained Public Works anticipated construction of a short,
eastbound left-turn lane on Park Road, and requested some discussion on that as
to whether the developer would provide an east-lane, left-turn on Park Road
when it comes back. Commissioner Dallari
noted he spoke to staff about those turn lanes so the dialogue has already
started.
Districts
1, 2, 3 and 5 voted AYE.
DISTRICT
COMMISSIONERS REPORTS
District
1
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to appoint Tom Boyko to the Library Advisory
Board for a two-year term ending 2019, and appoint Bryce Gibson to the Parks
and Preservation Advisory Committee for a three-year term ending 2020.
Districts 1, 2, 3 and 5 voted AYE.
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Commissioner Dallari confirmed that the Board received a letter
from Volusia County to the SunRail Board requesting some changes to the
Interlocal Agreement. He explained those
changes are all at the hands of the associated attorneys with each one of the
funding agencies. He thanked the County
Manager for her work on the Interlocal Agreement for the next step of the
transition team for SunRail, and stated that is moving forward.
CHAIRMANS
REPORT
Chairman Horan presented the BCC Meeting Schedule for 2017 that
was discussed at the last meeting.
Commissioner Dallari requested time to review it. Chairman Horan noted it includes the Budget
Work Sessions.
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Commissioner Dallari thanked the County Manager and staff for
the job they did at the ribbon-cutting ceremony for Jamestown Park, and
suggested they show a video of it at the next meeting. Commissioner Carey requested they show a
video at the next meeting highlighting the Countys firefighters recent visit
to Sunland Estates. Ms. Guillet stated both
videos are on the Countys Facebook page.
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Chairman Horan asked when the opening date is for Soldiers
Creek, and Ms. Guillet answered they are looking at the 17th or 18th of
May. Commissioner Carey requested a date
be set as soon as possible, and Ms. Guillet responded staff will set a date
this week and inform the Board.
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Chairman Horan stated the Board received a copy of a letter from
School Board Chairman Amy Lockhart with regard to the timeline and protocol for
an Impact Fee study. The School Board
expects to have the study by May 11 from their consultant, and they want to set
the work session for some time in mid-June.
Ms. Guillet stated she has some dates and she will circulate them to the
Board so they can coordinate with everyone's calendar. She noted the School Board has requested to
have the work session on a non-BCC meeting day so they have enough time to
cover all of the issues and also requested that the meeting be held in the
School Board Chambers.
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Chairman Horan announced he appeared on the program Orlando
Matters last week and was interviewed about Tourism. Commissioner Carey asked that the video be
circulated so the Board can view it. Ms.
Guillet stated they will try to get the interview on SGTV as well.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1. Letter
dated February 13, 2017, from Pam Meharg, Conservation Chair, Seminole Audubon
Society, to Chairman Horan re: approval of the proposed Fertilizer Ordinance.
2. Letter
dated February 15, 2017, from Chairman Horan, to Russ Hauck re: appreciation
for his service on the Seminole County Code Enforcement Board.
3. Letter
dated February 17, 2017, from Mike and Suzanne Tesinsky, to Chairman Horan re:
Chapman Apartments Large Scale Land Use Amendment and Rezone.
4. Letter
dated February 17, 2017, from Chairman Horan, to Chair Julie Brow, Commissioner
Art Graham, and Commissioner Ronald Brise, Florida Public Service Commission
re: application for increase in water and wastewater rates in Seminole County
By Utilities, Inc.
5. Letter
dated February 20, 2017, from James Stansbury, Chief, Bureau of Community
Planning, Florida Department of Economic Opportunity, to Chairman Horan re:
review of Proposed Comprehensive Plan Amendment for Seminole County (Amendment
No. 16-4ER).
6. Notice
of Public Hearing to consider a Conditional Use received February 21, 2017,
from the City of Sanford re: Conditional Use for Urban Infill Redevelopment to
establish a craft brewery with an associated tasting room and commercial retail
market at 212 W. 1st Street; Sean Kelley, Applicant.
7. Notice
of Public Hearing to consider a Conditional Use received February 21, 2017,
from the City of Sanford re: Conditional Use for Urban Infill Redevelopment to
establish a craft brewery with an associated tasting room at 121 W. 1st Street;
Johnathan Wolverton, Applicant.
8. Notice
of Public Hearing to consider a Rezone received February 21, 2017, from the
City of Sanford re: Amend the Southridge Planned Development Master Plan by
rezoning a 5.16 acre parcel from AG (Agriculture) to PD (Planned Development)
and adding it to Southridge PD to create the Southridge South PD Master Plan, a
12.8 acre commercial development for a proposed Vehicular Dealer Sales
establishment.
9. Letter
dated February 21, 2017, from Patrick Sacbibit, Branch Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, Federal
Emergency Management Agency, to Chairman Horan re: proposed flood hazard
determinations affecting Lightwood Knot Canal.
10. Copy
of a letter dated February 21, 2017, from Patrick Sacbibit, Branch Chief,
Engineering Services Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, to Mayor Dominic Persampiere, City of
Oviedo re: proposed flood hazard determinations affecting Lightwood Knot Canal.
11. Letter
dated February 22, 2017, from James Stansbury, Chief, Bureau of Community
Planning, Florida Department of Economic Opportunity, to Chairman Horan re:
Review of Proposed Comprehensive Plan Amendment for Seminole County (Amendment
No. 16-3ESR).
12. Letter
received February 24, 2017, from Cindy Susi, on behalf of the Lake Tuskawilla
Association, Inc., to County Commissioners re: approval of the proposed
Fertilizer Ordinance.
COUNTY
MANAGERS REPORT
Ms. Guillet stated she would like to follow-up on the bear grant
that the County received from the Florida Fish and Wildlife Commission
(FWC). She explained that the County was
awarded $150,000 and later received an additional $50,000. When staff first brought the proposal to the
Board, they discussed using those funds to underwrite the cost of
bear-resistant trash cans for the citizens.
The way the program works is the County has to spend the money on
bear-resistant cans, so the County would buy them and re-sell them to the
community. Ms. Guillet reminded that
initially the Board talked about a discount of $40 for an individual who wanted
a bear-resistant can. Staff anticipates
the cost to be between $150 and $180, and there is a Request for Proposal (RFP)
out currently to try and get the best price.
She explained if there is an HOA or entire street that wants
bear-resistant cans, they would get a $100 discount on the can. Since staff brought that proposal forward and
the County has been awarded the grant, there has been a suggestion that the
County consider a $60 discount for an individual and a $120 discount for groups
that are willing to commit because that is the fee for the additional service
for bear-resistant cans.
Upon Commissioner Dallari's inquiry, Ms. Guillet explained staff
anticipates they will be able to buy between 1,000 and 1,500 bear-resistant
cans; and because they will be getting paid back for a portion of it, staff
expects upwards of 2,000 to 2,500 total cans through the program. Discussion ensued regarding how much to
discount the bear-resistant cans to individuals and HOAs. Commissioner Carey stated she would give a
larger discount to HOAs or entire subdivisions that are willing to do it because
it would have a much bigger impact than for individuals. Commissioner Dallari agreed the County should
cover as much of the cost as possible for HOAs and give a $40 discount to
individuals. Chairman Horan pointed out
that haulers may absorb that individual cost within the concession.
Commissioner Constantine stated the point is to get the
bear-resistant cans out there and make it as opportunistic as possible for the
citizens. He suggested a $60 discount to
offset the $60 hauling fee. Discussion
ensued regarding covering 100% of the cost of the bear-resistant cans. Ms. Guillet stated the only consideration in
regard to covering 100% of the cost is that staff had anticipated receiving
part of the money back so the County would be able to buy more cans. This would mean the County wouldn't have as
many cans to give out. Commissioner
Carey suggested paying the entire cost minus $50. Commissioner Constantine suggested the County
cover 75%. There was Board consensus for a $40 discount for
individuals and a 75% discount for HOAs and entire neighborhoods or streets
that are not part of an HOA.
ITEMS
FOR FUTURE AGENDA
Carla Wilson, Winter Springs, addressed the Board and stated she
has initiated a ban on the retail sale of dogs and cats. She provided information to the Board and a
few samples of Ordinances that have been adopted, including one Ordinance
adopted by Casselberry last year. Ms.
Wilson discussed the difference between pet stores and pet supply stores and
described puppy mills. She explained the
Ordinance she is proposing encourages adoption and does not prohibit pet supply
stores from opening. Ms. Wilson stated
more than 50 cities in Florida and more than 200 cities nationwide have adopted
this Ordinance and she would like to see Seminole County added to the
list. She requested staff add this issue
as a future agenda item.
Commissioner Constantine stated since the County is already
looking at the ban on puppy mills, he believes it is appropriate for staff to
look at this as well and bring back recommendations.
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There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 7:17 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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