BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
OCTOBER 13, 2015
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, October 13, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman John Horan (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Pastor Matt Wallace, Holy Cross Lutheran Church, Lake Mary, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
The Business Spotlight video for Consolidated Label was presented.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, referred to Item #1, CRA Interlocal Agreement with the City of Sanford, and advised that staff has requested the item be pulled. She noted that the City of Sanford was going to consider the item last night and they pulled the item to do a little more value engineering on the project and refine the numbers. She expects the item will come back to the Board on October 27, 2015. Ms. Guillet stated that Item #16, Budget Amendment Request to establish funding for the Riverbend Placemaking Project, will also be pulled and it will be brought back at a later date.
Bill Hyde, 2379 Audley Street, addressed the Board to discuss Item #10, an Agreement between Seminole County and United Arts of Central Florida. Mr. Hyde stated he did a little homework on this item and went to the United Arts’ website. He noted that, according to the website, the people who are benefitting from this money are Orange County Regional History Center, Orlando Ballet, Orlando Philharmonic, Orlando Repertory, Orlando Science Center, Orlando Shakespeare, Orlando Community Arts, Orlando Neighborhood Improvement, Orlando Fringe, Enzian Theater, Winter Park Historical Association, Bach Festival in Winter Park, Mount Dora Center for the Arts, Mount Dora Music Festival, Lake Eustis Museum of the Arts, Leesburg Center for the Arts, and Winter Garden Hertiage Foundation. He pointed out the only thing he found in Seminole County is Creative Sanford. Mr. Hyde requested that his tax money stay in Seminole County and benefit Seminole County residents.
Chairman Carey stated a lot of money the County gives to United Arts goes directly to support Seminole County arts projects.
At Chairman Carey's request, Ms. Guillet directed everyone to the last page of the agreement with United Arts in the agenda packet and discussed what the monies will be used for. She stated there is money dedicated to the Wayne Densch Performing Arts Center, Seminole Cultural Arts Council, which provides local grants to local arts groups, and Orlando Ballet, which has a Seminole County ballet school.
Chairman Carey pointed out that of $132,000.00 that they contribute, all except $12,000.00 comes directly back to Seminole County organizations. The $12,000.00 becomes a grant opportunity and actually Creative Sanford has applied multiple years for that grant and gotten funds back.
Commissioner Horan explained that by participating in United Arts, the arts organizations in Seminole County then get access to the wide regional breadth of United Arts and all of the benefactors that contribute to their arts organizations. He emphasized that they live in a region and many of these organizations are regionally supported.
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.
Speaker Request Form from Bill Hyde was received and filed.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to authorize and approve the following:
County Manager’s Office
2. Authorize the Chairman, the County Manager, and the Acting Public Safety Director to execute the negotiated Letter of Agreement between Seminole County and Bargaining Unit 3254 International Association of
Firefighters/B Unit. (A-1333-15)
3. Approve travel and mileage reimbursement to Commissioner Lee Constantine for travel during July through September of 2015. (A-1332-15)
Economic Development Division
4. Approve the pledge commitment to the Foundation for Seminole State College of Florida, Inc., in the amount of $150,000.00, for services provided through the Seminole State College Small Business Development Center located at the Port of Sanford; Foundation for Seminole State College of Florida, Inc. (A-1155-15)
Community Services Division
5. Request the Board to accept a consolidated grant award
from the U.S. Department of Housing and Urban Development (HUD) for the Continuum of Care (CoC) /Shelter Plus Care Grant Program in the amount of $475,018.00; and authorize the Chairman to execute the Continuum of Care Program Consolidation Agreement on behalf of the County in accordance to Administrative Code Sections 1.10 and 22.20 D (1)d. (A-1300-15)
6. Approve and authorize the Community Services Director to award and execute the Community Services Block Grant (CSBG) “Mini” Grants in an amount not to exceed $30,000.00 ($10,000.00 for each grant) which will provide funding to eligible senior centers and non-profit agencies serving low income seniors. (A-1352-15)
Planning & Development Division
7. Authorize release of the Road, Streets, and Drainage Performance Bond #SUR0031790 in the amount of $830,795.37 for Astor Grande at Lake Forest; M/I Homes of Orlando, LLC, Applicant. (A-1277-15)
8. Adopt appropriate Resolution #2015-R-170 vacating and abandoning a portion of a platted 7' Utility Easement on Lot 23, Winter Woods, as recorded in the Public Records of Seminole County, Florida in Plat Book 15, Page 63, more particularly known as 1964 King Arthur’s Court; Arlene Ruse, Applicant. (A-1252-15)
9. Approve the plat for the Sanford I-4 Center subdivision containing 2 lots on 11.38 acres zoned PD (Planned Development), located on the north side of School Street, west of Monroe Road; David Hodgman, Applicant. (A-1354-15)
10. Approve and authorize the Chairman to execute a United Arts of Central Florida, Inc. Funding Agreement between Seminole County and United Arts of Central Florida, Inc. in the amount of $132,706.00 reflecting $.301879 per capita funding as part of the 2015/2016 budget. (A-1326-15)
Emergency Management Division
11. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-174 adopting the Seminole County Floodplain Plan to supplement Seminole County's Local Mitigation Plan. (A-1343-15)
12. Approve and authorize the Chairman to execute a Purchase Agreement between Albert Giammattei III and Eryn B. Giammattei and Seminole County in the amount of $500.00 for property necessary for the construction and maintenance of a sidewalk along a portion of Hampshire Court. (A-1330-15)
13. Adopt appropriate Resolution #2015-R-171 and authorize the Chairman to execute a Locally Funded Agreement with the State of Florida, Department of Transportation, and Seminole County in the amount of $73,350.00 for the upgrade of two Mast Arm signals on State Road 46 at Mellonville Avenue and Fire Station #41. (A-1293-15)
14. Approve and authorize the Chairman to execute Amendment #0003 to Grant Agreement LHZ41 with the Florida Department of Children and Families accepting a $255,032.00 increase in funding for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program. (A-1323-15)
Budget and Fiscal Management Division
15. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-172 implementing Budget Amendment Request (BAR) #15-117 in the amount of $9,299.00 through the General Fund to establish budget for the purchase and installation of a new replacement electric scoreboard at the Seminole County Softball Complex. (A-1341-15)
16. Pulled the request to approve and authorize the Chairman to execute a resolution implementing Budget Amendment Request (BAR) #16-001 through the General Fund in the amount of $115,000.00 to establish funding for the Riverbend Placemaking Project. (A-1334-15)
Purchasing & Contracts Division
17. Award RFP-602341-15/GCM, Term Contract for White Goods and Scrap Metal Recycling Services, to Trademark Metals Recycling, LLC, Tampa; and authorize the Purchasing & Contracts Division to execute the revenue generating Agreement. (A-1287-15)
18. Award IFB-602344-15/GCM, Term Contract for Waste Tire Recycling Services, to Progressive Waste Solutions of Florida, Inc., Altamonte Springs; and authorize the Purchasing & Contracts Division to execute the Agreement. The estimated usage of this contract is $30,000.00 per year. (A-1231-15)
19. Approve Work Order #24, SR 429 Wekiva Parkway Section 7A Utility Relocations under PS-8186-13/DRR, Continuing Engineering Services for Utility Improvement Projects with CPH, Inc. of Sanford, in the amount of $159,788.03; and authorize the Purchasing & Contracts Division to execute Work Order #24 to PS-8186-13/DRR. (A-1253-15)
20. Approve SS-602391-15/BJC; Waive the Procurement Process to procure additional licenses through PublicStuff, an Accela, Inc. company, New York; and authorize the issuance of yearly Purchase Orders in the amount of $33,600.00 plus future approved Consumer Price Index (CPI). (A-1324-15)
21. Approve Work Order #30 (Rinehart Road Trail) under PS-8148-12/JVP, MSA for Construction Engineering and Inspection Services for projects less than $2,000,000.00 with Parsons Brinckerhoff, Inc. of Orlando, in the amount of $104,277.29; and authorize the Purchasing & Contracts Division to execute the Work Order. (A-1177-15)
22. Approve M-602381-15/ESN; Waive the Procurement Process and authorize the issuance of a Change Order to increase Purchase Order #35122 to Quiet Zone Consulting LLC, Sussex, WI; and authorize the Purchasing & Contracts Division to execute the Change Order that increases the Purchase Order to $59,500.00. (A-1294-15)
23. Award CC-0266-15/AEH, Construction Services Agreement for Rinehart Road Trail Project, in the amount of $1,011,651.11 to Masci General Contractor, Inc. of Port Orange; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-1121-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve the following:
Clerk’s Office (A-1346-15)
24. Expenditure Approval Lists dated September 8, 14 and 21, 2015; Payroll Approval List dated September 5, 2015; and the BCC Official Minutes dated August 25 and
September 9, 2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Audit Report No. 091615 from the Clerk of the Circuit Court & Comptroller for Follow Up Review of Board of County Commissioners Health Insurance Eligibility.
2. Florida Public Service Commission (FPSC) Consummating Order regarding joint petition of Florida Public Utilities Company, Fort Meade; Florida Public Utilities, Indiantown; and the Florida Division of Chesapeake Utilities Corporation for approval of revisions to commercial natural gas vehicle service programs; Docket #150139-GU; Order #PSC-15-0355-CO-GU issued on September 8, 2015.
3. Florida Public Service Commission (FPSC) Consummating Order regarding petition for approval of Florida Power & Light Company’s demand-side management plan and request to cancel closed on-call tariff sheets; Docket #150085-EG; Order #PSC-15-0384-CO-EG issued on September 14, 2015.
4. Florida Public Service Commission (FPSC) Consummating Order regarding petition for approval of demand-side management plan of Duke Energy Florida, Inc.; Docket #150083-EG; Order #PSC-15-0393-CO-EG issued on September 16, 2015.
5. Florida Public Service Commission (FPSC) Order approving Florida Power & Light Company’s Standard Offer Contract and Rate Schedule; Docket #150108-EQ; Order #PSC-15-0386-PAA-EQ issued on September 14, 2015.
6. Developer’s Commitment Agreement #15-20500019, City Park at Merritt Street.
7. Board of Adjustment Approval Development Orders for Setback Variances as follows: #15-30000058, Roger and Floried C. Lott, 1364 S. Ridge Lake Circle; #15-30000064, John & Linda Macleod, 1702 Elaine Avenue; and #15-30000068, Dana K. & Joshua P. Fisk, 8260 Via Bella Street.
8. Board of Adjustment Approval Development Orders for Variances as follows: #15-30000047, Katherine Sabatino, Lot 191-192 Atlantic Avenue; #15-30000054, Alexander Navarro Trustee, 1121 Shamrock Lane; #15-30000059, Amy D. James, 112 Longleaf Lane; #15-30000060, Barbara J. & Dennis P. Knight, 216 Royal Oaks Circle; and #15-30000063, Meritage Homes of Florida, Inc., 3151 Old Lockwood Road.
9. Board of Adjustment Denial Development Orders as follows: #15-0000057, Variance, Kathleen P. King Trust, 258 Clearview Road; and #15-30000061, Setback Variance, Thomas A. & Kirsten Duba, 301 Tuska Reserve Cove.
10. Approval Development Order #15-30000072, Variance, Federal Home Loan Mortgage Corporation, 163 Dalton Drive.
11. Approval Development Orders for Alcoholic Beverage Licenses as follows: #15-27500033, Starbucks, 850 South Sun Drive; and #15-27500034, Sunny’s Egg Cafe, 1831 West SR 434.
12. Pet Rescue Cooperative Service Agreements with Pet Rescue by Judy and New Spirit 4 Aussie Rescue.
13. Work Order #2 to PS-0009-15; Pegasus Engineering, Inc.
14. Work Order #3 to PS-0009-15; Atkins North America, Inc.
15. Amendment #1 to Work Order #4 to PS-2825-07; Horizon Engineering Group, Inc.
16. Amendment #2 to Work Order #72 to PS-3914-08; Atkins North America, Inc.
17. Work Order #6 to PS-6487-11; Reiss Engineering, Inc.
18. Work Order #10 to PS-6865-11; S2L, Inc.
19. Work Order #18 to PS-7643-12; Southeastern Surveying and Mapping Corp.
20. Work Order #32 to PS-8047-12; NODARSE (A Terracon Company.)
21. Work Order #31 to PS-8148-12; CDM Smith, Inc.
22. Work Order #32 to PS-8148-12; Atkins North America, Inc.
23. Amendment #2 to Work Order #9 to PS-8148-12; Atkins North America, Inc.
24. Revised Change Order #1 to Work Order #28 to CC-8199-12; C.E. James, Inc.
25. Revised Amendment #1 to Work Order #28 to CC-8199-12; C.E. James, Inc.
26. Change Order #2 to Work Order #29 to CC-8199-12; C.E. James, Inc.
27. Amendment #1 to Work Order #3 to PS-8565-13; HDR Construction Control Corporation.
28. Amendment #1 to Work Order #2 to PS-8595-13; Atkins North America, Inc.
29. Change Orders #5 and #6 to CC-9081-13; Masci General Contractor, Inc.
30. Change Orders #2 and #3 to Work Order #17 to CC-9192-13; Corinthian Builders, Inc.
31. Change Order #2 to CC-9575-14; Young’s Communications Co., Inc.
32. Amendment #1 to Work Order #3 to PS-9738-14; E Sciences, Inc.
33. Amendment #1 to Work Order #4 to PS-9738-14; E Sciences, Inc.
34. Closeout to RFP-9833-14; Stellar Development, Inc.
35. Closeout to CC-9942-14; Prime Construction Group, Inc.
36. RFQ-600997-10/15, Interim Agreement for Parks and Events Concessionaire Services; Thomas J. Bradley.
37. First Amendment to IFB-601534-12; Lamphier Company.
38. Seventh Amendment to RFP-601745-13; Apex Pest Control, Inc.
39. First Amendment to BID-601807-13; Nextran Corporation d/b/a Nextran Truck Center.
40. First Amendment to IFB-602258-15; Temple, Inc.
41. Bids as follows:
IFB-602326-15 from Hertz Equipment Rental Corporation; Thompson Pump & Manufacturing Company, Inc.; United Rentals (North America), Inc.
RFP-602341-15 from Trademark Metals Recycling, LLC;
IFB-602346-15 from Chinchor Electric, Inc., Traffic Control Devices, Inc.; and
IFB-602347-15 from Hydromax USA; Affordable Development, a division of Driveways, Inc.; R&M Solutions, LLC.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the following:
25. Approve expenditure of $10,000.00 from the Law Enforcement Trust Fund to provide for a contribution to the 2015 Seminole County Drug Free Poster Contest. (A-1328-15)
26. Approve expenditure of up to $500,000.00 from the Law Enforcement Trust Fund to utilize toward the purchase of technology requirements in support of the Sheriff's Office Digital Forensics Unit. (A-1342-15)
27. Approve expenditure of $2,500.00 from the Law Enforcement Trust Fund for a contribution to Wounded Officers Initiative to support and assist law enforcement officers who have been wounded in the line of duty. (A-1327-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve the following:
Supervisor of Elections
28. Approve a precinct boundary change for precincts 71, 72 located in Oviedo. (A-1377-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Agenda Item #29 – A-1225-15
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2014/15 (August 2015).
COUNTY ATTORNEY’S BRIEFING
Bryant Applegate, County Attorney, distributed copies (received and filed) of a summary of House Bill 155 concerning Central Florida Regional Transportation Authority and an email from Nicolas Porter summarizing the Putnam County hearing before the Florida Land and Water Adjudicatory Commission (FLWAC).
Chairman Carey reminded everyone that there will be a work shop with the FWC immediately following the afternoon session. Ms. Guillet stated that the work shop regarding Soldiers Creek that was scheduled for this morning will be rescheduled to a later date.
The Board recessed the meeting at 9:46 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Horan, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
SOMERSET ESTATES SSFLU AMENDMENT
AND REZONE/Clint Szubinski
Agenda Item #30 – PH-2015-201
Proof of publication calling for a public hearing to consider approval of a Small Scale Future Land Use Amendment from Suburban Estates to Planned Development, and the associated Rezone from A-1 (Agriculture) to PD (Planned Development) for a 26-lot, single-family residential subdivision on 9.44 acres, located on the north side of Orange Boulevard, approximately three-fourths mile west of Oregon Street Estates, Clint Szubinski, received and filed.
Joy Giles, Planning & Development, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Giles stated the Applicant proposes to develop a single‑family residential subdivision of 26 lots with a maximum density of 2.75 units per acre. She pointed out that while the properties adjacent to the north, east and west have a density of one unit per acre, the residential development along Orange Boulevard ranges from 2.7 units to 4.11 units per acre. The Applicant proposes a 10‑foot landscape buffer with screening components around the perimeter of the property. She noted that access will be from New York Street and a left-turn lane will be required on Orange Boulevard.
Ms. Giles stated the Applicant has also proposed additional conditions of approval in the Development Order to deter nuisance wildlife, such as the requirement of residents to use bear-resistant trash cans. She advised that the Planning & Zoning Commission voted unanimously to recommend approval of the request and staff is recommending approval.
Charlie Madden, Madden Moorhead & Glunt, addressed the Board to state that he represents the contract purchaser, Meritage Homes, and he noted that Dante Fraiegari, with Meritage Homes, was present if there are any questions for him. Mr. Madden then distributed copies of his presentation (received and filed). He discussed Somerset Estates – Area Closing Prices from May 2012 to present and advised that the starting Meritage price point will be in the $300,000’s. He reviewed Somerset Estates – Adjacent Uses. He displayed Meritage Homes – Somerset Estates Proposed Product (Palermo, Kerryville, Wimberley and Del Rio) and the Master Development Plan.
Mr. Madden displayed the Concept Plan and explained that this was the first iteration of a concept plan that included some landscape buffers on it but not a lot of detail, and it was presented at the community meeting. He pointed out that on three sides of the property there are public right-of-ways but along one side are neighbors who share a property line. He then discussed some of the neighbors’ concerns. Mr. Madden next displayed an aerial map entitled “Landscape Buffer Exhibit,” which was presented at the community meeting, and he indicated the proximity of their west property line to the neighbors’ respective homes. He displayed an aerial map entitled “Density Exhibit” and explained how the map indicates the densities in the area (Astor Farms, Retreat at Wekiwa, Astor Grande, and Lake Forest) and shows this project is consistent with development trends in the area.
Mr. Madden stated that after the community meeting, they reached out to the four homeowners along the west property line and had a follow-up meeting with them. He displayed a rendering of the proposed Somerset Estates plan and discussed the neighbors’ concerns with fencing and drainage. Mr. Madden explained they proposed a 10-foot tract, which will be HOA owned, along the west property line. Instead of putting up a white PVC fence, they were able to find a PVC fence that looks like wood. They moved it in on the inside of the 10-foot tract rather than on the property line where they would typically put it. He reiterated this tract would be permanently HOA maintained. He added they will put the plantings on the outside of the fence, which is also not typical of what they do. He discussed the proposed buffers along New York Street, Ohio Avenue and Orange Boulevard.
Mr. Madden stated that they next went onto the four homeowners’ properties, with permission, and got topographies approximately 100 feet west of the property line to verify where all of the runoff goes. He displayed the Existing Conditions diagram and discussed the runoff and drainage. Mr. Madden explained that although this project is at a zoning stage, because the neighbors want comfort that their drainage will not be blocked, he went ahead and got into final engineering-type designs to look at how to intercept the water. He displayed and discussed the Typical Sections diagram.
Mr. Madden displayed three further iterations of the proposed Somerset Estates plan that were shown to the neighbors. He discussed the first revision, which added a split rail fence; the second revision, which added landscaping; and the third revision, which shows the split rail fence replaced with a 6-foot PVC fence.
Chairman Carey requested that before Mr. Madden submits the final plan, he look at species that don't generate food sources for bears when looking at the canopy trees. She noted that is something they will probably be talking a lot about, especially for developments on the west side. She stated she would appreciate it if Mr. Madden watched the developments and the recommendations that will be discussed over the next couple of months and think about his plantings. Mr. Madden agreed and added that, per Chairman Carey's request, the builder has agreed to the bear‑proof trash cans and some extra language of things that they encourage someone not to do in order to minimize interaction between bears and humans.
Mr. Madden stated he was approached by one of the neighbors, Scott Richards, who asked if the name could be changed from Somerset to Somerset at Sanford Farms. Mr. Madden stated his group felt that was a good idea and they will get that name formally approved.
Mr. Madden stated they are going to do a left‑turn lane and improve New York Street to the entrance. He described the large ditches on both New York Street and Orange Boulevard and explained how the ditches cause children waiting for the school bus to stand in the road. He indicated on the rendering where they will be filling in a ditch and constructing a sidewalk and pointed out the children will now have a sidewalk to stand on while waiting for the bus. Discussion ensued with regard to the ditches along New York Street and Orange Boulevard. Mr. Madden concluded his presentation by displaying a Flood Insurance Rate map and discussing water flow. He noted that the four neighbors immediately to the west were unable to attend today’s meeting but they were present at the Planning & Zoning Commission and spoke in favor of the project.
Scott Richards, 5212 Michigan Avenue, addressed the Board to state he submitted letters back at the zoning stage; but at this point, he wants to speak neutrally. He explained that since the beginning, his concern has been to keep Sanford Farms whole because there have been a lot of developments in the area and a lot of the neighborhoods are being broken up. Mr. Richards stated the support of the builder and engineer for this project has been quite surprising and impressive, and he gives them credit for what they have done and addressed.
Mr. Richards stated his request of the County, if they do approve this, is to look at addressing some key elements in the area that have already been discussed, including traffic patterns. He pointed out that Orange Boulevard has become a piecemeal of development and believes that needs to be looked at as a whole. He described the flooding on Orange Boulevard, New York Street and Michigan Avenue. He requested the County commit to helping the neighbors in this area and look at improvements for the future to help sustain Sanford Farms as the rural community they are. He is not a fan of the density but understands that is where things are going. Mr. Richards stated he knows that it is a small gesture but the willingness to rename the community Somerset Estates at Sanford Farms means a lot to him.
At Chairman Carey's request, Brett Blackadar, County Engineer, addressed the Board to talk about the improvements scheduled for Orange Boulevard. Mr. Blackadar stated when the new sales tax program was passed last year by the citizens of Seminole County, one of the projects on the list was improvements to Orange Boulevard between I‑4 and SR 46. They are looking at eliminating some of the "clear zone" issues, some of the drop offs, piping ditches, putting in additional turn lanes, and other safety issues. He advised they are planning on budgeting that project in the next fiscal year, which would be FY 2016/17 and will advertise this summer or spring for a consultant to work on the project.
George Arent, 5080 Ohio Avenue, addressed the Board to state his mother fought this back when the Preserve at Astor Retreat was developed in Sanford Farms. Mr. Arent stated the Commission at that time promised that they would not allow any more than two‑and‑a‑half-acre building sites in Sanford Farms. He pointed out that now the Commission is going against its word. Mr. Arent stated he does have a bear‑proof garbage can but the garbage company refused to pick it up. Chairman Carey stated there is a program for that and the County's representatives, whoever the hauler is, are both here today.
Mr. Arent reiterated that the Commission guaranteed that they would not go below two‑and‑a‑half acres on building sites in Sanford Farms. Chairman Carey responded that she could not help what a former commission said or did or didn't do.
Bob Bugnacki, 5352 Orange Boulevard, addressed the Board to state he has lived in this area for over 30 years and does not believe it is time to change the zoning for this particular area. He explained why putting 26 houses in that area is not a good fit. He reiterated that he does not think it is time for a change in zoning because there are too many houses in The Retreat and Astor Farms that are in foreclosure. There are developments up and down Orange Boulevard and adding more will just pack them in; he does not believe that is right.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Speaker Request Forms were received and filed.
Chairman Carey discussed the transition in the area and stated while Orange Boulevard may be the transition area from the higher densities of four units per acre on the east side of Orange Boulevard, as they transition back toward the river, those densities would increase. She pointed out this particular proposal is for 2.7 units per acre which she believes is a reasonable transition to get to the larger lots that are out there.
Motion by Chairman Carey, seconded by Commissioner Horan, to adopt Ordinance #2015-27 enacting a Small Scale Future Land Use Amendment from Suburban Estates to Planned Development; adopt Ordinance #2015-28, enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for 9.44 acres, located on the north side of Orange Boulevard, approximately three-fourths mile west of Oregon Street, as described in the proof of publication; Clint Szubinski, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
FOURTH STREET RIGHT-OF-WAY VACATE/Shutts & Bowen, LLP
Agenda Item #31 – PH-2015-210
Proof of publication calling for a public hearing to consider adoption of Resolution vacating and abandoning a remnant of the public right-of-way known as Fourth Street, as recorded in Plat Book 1, Page 3, in the Public Records of Seminole County, Florida, for property located near the intersection of Candace Drive and South U.S. Hwy 17-92, Maitland, Shutts & Bowen, LLP, received and filed.
Denny Gibbs, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. She noted this remnant right-of-way is a 1,000-square-foot portion that was left over from when other sections of Fourth Street on the east and west were vacated. Ms. Gibbs advised that Paul Sladek, with Shutts & Bowen and representing the Applicant, is present to answer any questions.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Henley, seconded by Commissioner Horan, to adopt appropriate Resolution #2015-R-173 vacating and abandoning a remnant of the public right-of-way known as Fourth Street, as recorded in Plat Book 1, Page 3, in the Public Records of Seminole County, Florida, for property located near the intersection of Candace Drive and South U.S. Hwy 17-92, Maitland, as described in the proof of publication; Shutts & Bowen, LLP, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey submitted ex parte communications into the record.
Chairman Carey stated the County had been asked to appoint some citizens to the SunRail Customer Advisory Committee and there is a recommendation for Karla Keeney of Longwood.
Motion by Commissioner Henley, seconded by Commissioner Dallari, to appoint Karla Keeney to the SunRail Customer Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey announced there are several FDOT design public information meetings coming up. She noted she, as the Central Florida Expressway (CFX) representative, is still in discussion with Secretary Boxold regarding SR 417 and the widening that is proposed. At the last meeting, the staff at CFX reported they had been working with FDOT because it is in their program for this year for design. Since CFX knows that University is really the issue more so than the piece that is in Seminole County, they will work with them; and CFX did amend the capital improvements program to move the toll plaza at University up in the schedule so it would coincide so that the traveling public would not have to deal with a construction project on SR 417 done by the Turnpike and then turn around and deal with one done by CFX. CFX is continuing to work with the Turnpike Authority on that particular project as well as continuing to have discussions with them about possibly some horse trading with assets.
Commissioner Horan reported there is an information session on October 29 for public input on the widening project as well. Chairman Carey pointed out that the meeting is just regarding the widening from the Orange County line to just north of SR 434. She advised that for all of the people that contacted the Commission offices asking what the Commissioners were doing, it is not the Commissioners; and she hopes that the people will show up at those meetings and express their concerns. She added that the meeting is at Metro Church, 1491 East SR 434 in Winter Springs.
With regard to the jurisdictional trade between the Expressway Authority and the Turnpike, Commissioner Dallari questioned when that information will become available to determine if it is viable. Chairman Carey stated they recently received some information from Secretary Boxold's office about the evaluation process as they see it. The staff at CFX redlined it and sent it back. Secretary Boxold responded last week and stated he is still not interested in having a discussion about a sale; he only wants to talk about a trade. Chairman Carey stated she is scheduled to meet with him again this week.
Commissioner Dallari advised he has two issues. The first issue he has is he does not believe they should have a "toll within a toll" because they want to put in express lanes. The other issue is if University or the area down where the Expressway Authority presently owns is not done at the same time, you will basically be expressing people to the congested area. Chairman Carey responded that that is the reason CFX decided to move their project forward because it is their area that is the problem. With regard to the traveling public, people don't know where the lines end. They don’t know that the Turnpike Authority manages a piece in Seminole County and as soon as you hit the county line, it is the Expressway Authority. They don’t know that if you are on SR 528 right before you get to I-4, it is the Turnpike Authority. She noted that the jurisdictions overlap but there is no rhyme or reason to them and the CFX is just trying to straighten it out. She advised they are continuing to work on that and she will keep the Board posted as part of the normal meeting process.
Chairman Carey stated at the last meeting, Harry Barley from MetroPlan was requested to look at conducting a transportation study including the area that includes southeast Seminole County and northeast Orange County. Mr. Barley has sent a letter stating they are glad to perform the study and they know it is important in a fast-growing area.
DISTRICT COMMISSIONERS’ REPORTS
Chairman Carey reported that National Airlines has joined the non‑stop flight lineup at the Orlando Sanford International Airport and will be flying to Las Vegas, San Juan and three Canadian cities starting in December of 2015. She thanked Commissioner Horan for attending the maiden flight. She announced that domestic travel is up 42% in September and up 18% year to date. The passenger count through September is closing in on 1.9 million.
Chairman Carey reported on her tour of the Sports Complex, which occurred on October 1. She stated she also had the opportunity to welcome the 9th Annual Fireball Run home to Sanford on October 2 and discussed the event, which is a race to recover America's missing children. Since this event was started nine years ago, there are over 45 missing children who have been found.
Commissioner Horan announced that Winter Springs High School Band of Gold has been formally invited to participate in the 2017 London New Year's Day parade. He added that on September 28, he attended the ceremony that was attended by the Lord Mayor in Locum Tenens Councillor Robert Davis who presented the invitation to the band. Commissioner Horan stated the Winter Springs officials and School Board officials will work with the tourism officials in the County, with the County Visitor's Bureau and with the Tourist Development Council to leverage the event and the publicity to advance tourism and exposure in Seminole County.
Commissioner Horan reported that he attended the closing ceremony and auction of "The Senator" items that were produced by the commissioned artisans. The auction raised $19,000 and that money will be used by the Historical Society for the benefit of financing the traveling exhibit of "The Senator" items.
Commissioner Horan stated that he went on the Windsor, Ontario trip and made a presentation to the tourism industry (hoteliers and travel agents) explaining what tourism in Seminole County is all about. He discussed how that particular area opens up all of southern Ontario all the way up to Toronto and advised it will be a very interesting group of tourists.
Commissioner Constantine reported that he represented the Board in the signing of the full funding for Phase 2 of SunRail, which will go all of the way to Poinciana and open up Osceola County back and forth to Volusia County so all four counties will be represented.
Commissioner Constantine stated the County hosted the Council of Local Governments (CALNO) at the Orlando Sanford International Airport and they were brought up to speed on many of the issues just discussed; for example, National Airlines and the expansion of the Orlando Sanford International Airport.
Commissioner Constantine announced that the Wekiva River Basin Commission will be meeting on October 19 at the Regional Planning Council office in Altamonte Springs.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:18 p.m., this same date.