BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
NOVEMBER 10, 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, November
10, 2015, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
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)
Clerk of Court and Comptroller Maryanne
Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Victor Montalvo, Reality Community
Church, Sanford, gave the Invocation. Commissioner
Dallari led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for .decimal was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – A-1478-15
Motion by
Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2015-R-179 honoring America’s Military Veterans, including more
than 35,000 veterans living in Seminole County.
Ed Burford, Seminole County
Veterans Services Officer, addressed the Board on behalf of the more than
35,000 veterans and Blue Line officers to express their gratitude and
appreciation.
Districts 1, 2, 3, 4 and 5 voted
AYE.
-------
Agenda
Item #2 – A-1470-15
Motion by Commissioner Horan, seconded
by Commissioner Henley, to adopt appropriate Resolution #2015-R-178 recognizing
Leeanna R. Mims for 31 years of service and dedication to Seminole County
Government and the citizens, upon her retirement from the Department of Public
Safety, EMS/Fire/Rescue Division, on November 30, 2015.
Chief
Leeanna Mims addressed the Board to express her appreciation.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Nicole
Guillet, County Manager, stated there is an add-on Item #10A regarding
reimbursable travel expenses from the Central Florida Sports Commission. Commissioner Dallari stated he would like to
pull Item #15 regarding a Grant Application to the Environmental
Protection Agency for discussion.
COUNTY
MANAGER’S CONSENT AGENDA
Motion by Commissioner Horan, seconded
by Commissioner Dallari, to authorize and approve the following:
Community
Services
Business
Office
3. Approve and
authorize the Chairman to execute the attached Satisfaction of Mortgage and
Release of Restrictive Use Covenant on Milestone Social Services, Inc.,
property located at 5324 Pineview Way, Apopka; assisted under the County's SHIP
Rehabilitation Assistance Program. (A-1389-15)
4. Approve and
authorize the Chairman to execute the Florida Department of Health in Seminole
County Integrated System of Care Agreement for FY 2015/16 in the amount not to
exceed $150,000 to help implement a mobile health unit to extend services to
impoverished communities in Seminole County. (A-1480-15)
Development
Services
Building
Division
5. Approve
Notice of Determination of Public Nuisance for an unoccupied
building located at 3248 Main Street, Sanford; and authorize the Building
Official to: (a) serve Notice of said determination, pursuant to Sections 168.5
and 168.6 Seminole County Code; and (b) set a date for a "Show-Cause"
public hearing, as prescribed in Sections 168.5-168.7, Seminole County
Code. (A-1318-15)
6. Approve
Notice of Determination of Public Nuisance for an unoccupied
building located at 3072 Weston Street, Oviedo; and authorize the Building Official
to: (a) serve Notice of said determination, pursuant to Sections 168.5 and
168.6 Seminole County Code; and (b) set a date for a "Show-Cause"
public hearing, prescribed in Sections 168.5-168.7, Seminole County Code. (A-1317-15)
7. Approve
Notice of Determination of Public Nuisance for an unoccupied
building located at 3000 East Street, Oviedo; and authorize the Building
Official to: (a)serve Notice of said determination, pursuant to Sections168.5
and 168.6 Seminole County Code; and (b) set a date for a "Show-Cause"
public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. ( A-1315-15)
Planning & Development Division
8. Adopt appropriate
Resolution #2015-R-180 vacating and abandoning a 655-square-foot portion of a
platted drainage easement on Lot 36, Coventry, as recorded in the Public
Records of Seminole County in Plat Book 77, Pages 70 through 75, more
particularly known as 832 Sherbourne Circle.
(A-1424-15)
9. Authorize
transmittal of Notification of Intent to Amend the Comprehensive Plan to
reflect changes in state requirements since the last plan update, as required
by Chapter 163.3191, Florida Statutes to the Florida Department of Economic
Opportunity. (A-1431-15)
Leisure
Services
Greenways
& Natural Lands Division
10. Approve and
authorize the Chairman to execute an Interlocal Agreement with the City of
Sanford to fund the North Shore Boater Rigging Platform Project for FY 2016;
and appropriate Resolution #2015-R-181 implementing Budget Amendment Request
(BAR) #16-009 in the amount of $44,860 through the Boating Improvement Fund to
fund the project. (A-1381-15)
Tourism Development Division
10A. Approve and authorize the Central Florida
Sports Commission (CFSC) proposed reimbursable travel expenses not to exceed
$17,275 for FY2015-16. (A-1506-15)
Public
Works
Fleet/Facilities
Division
11. Approve and
authorize the Chairman to execute the Eighth Amendment to 25th Street (SR 46A)
MVI Station Lease with Ahoy Marine, Inc. for a combined annual rent payment of
$30,766.72 or $2,563.89 per month. (A-1400-15)
12. Approve and
authorize the Chairman to execute First Renewal and First Amendment to Lease Agreement,
Florida Department of Law Enforcement (FDLE) and Seminole County Sheriff’s
Office for Secondary Computer Data Storage Site; State Lease Number 710:0236
for an annual rent payment of $12,000 or $1,000 per month. (A-1344-15)
13. Approve and authorize
the Chairman to execute the Final Renewal to Oak Groves Shoppes Lease with MSKP
Oak Grove, LLC, with a 3% increase for a renewal rate of $19.71 per square foot
or $101,959.83 annually. (A-1316-15)
Watershed
Management Division
14. Approve and authorize
the Chairman to execute a Revenue Agreement for FY 2015/16, with the University
of Florida Board of Trustees for the Florida Yards & Neighborhoods (FYN)
Program for $55,000. (A-1407-15)
15. Commissioner
Dallari requested this item be pulled for discussion.
Resource
Management
Business
Office
16. Approve and
authorize the Chairman to execute the Emergency Medical Services (EMS) Trust
Grant Application for $85,230 from the Florida Department of Health; and approve
appropriate Resolution #2015-R-182 authorizing staff to submit the application.
(A-1444-15)
Budget
and Fiscal Management Division
17. Approve and
authorize the Chairman to execute appropriate Resolution #2015-R-183
implementing Budget Amendment Request (BAR) #15-119 through the Water and Sewer
Operating Fund to reallocate budget in the amount of $38,158 for capital
equipment items in Environmental Services as a part of year-end cleanup for FY 2014/15.
(A-1437-15)
18. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-184 implementing Budget
Amendment Request (BAR) #15-120 through three Water and Sewer related funds in
the amount of $73,361 to reallocate budget for the Southeast Regional Water
Treatment Plant Project. (A-1429-15)
19. Approve and
authorize the Chairman to execute appropriate Resolution #2015-R-185
implementing Budget Amendment Request (BAR) #15-121 transferring $38,280 in
residual fund balance from the Seminole County Expressway Authority Fund (60311)
to the Transportation Trust Fund (10101), Contingency Reserve for the closeout
of the Expressway Authority Fund in FY 2014/15. (A-1420-15)
20. Approve and
authorize the Chairman to execute appropriate Resolution #2015-R-186
implementing Budget Amendment Request (BAR) #16-007 through the Neighborhood
Stabilization Program (NSP) Fund in the amount of $312,878 for appropriation of
program income and second mortgage provided/forgiven. (A-1408-15)
Purchasing
& Contracts Division
21. Approve an
increase to the Board-approved Estimated Annual Usage for PS-6658-11/DRR,
Central Transfer Station Engineering Services, by an additional $75,000 per
year. (A-1446-15)
22. Approve an
increase to the Board-approved Estimated Annual Usage for PS-6865-11/DRR, Solid
Waste Management Landfill Engineering Services, by an additional $150,000 per
year. (A-1447-15)
23. Award
IFB-602347-15/GCM, Term Contract for Hydrant and Valve Maintenance, Repair, and
Flushing Services, to Hydromax USA, Lakeland, and to R&M Service Solutions,
LLC, West Palm Beach (estimated annual usage $500,000); and authorize the
Purchasing & Contracts Division to execute the Agreements. (A-1418-15)
24. Award
IFB-602373-15/TLR, Term Contract for Lawn Maintenance of Seminole County Trails,
to AmeriScapes Landscape Management Services, LLC, Orlando, in the not-to-exceed-amount
of $178,030 per year; and authorize the Purchasing & Contracts Division to
execute the Agreement. (A-1456-15)
25. Award
CC-0482-15/RTB, I-4 Trail Overpass Repair in the amount of $252,685 to Proshot
Concrete, Inc., Florence, AL; and authorize the Purchasing & Contracts Division
to execute the Agreement. (A-1445-15)
26. Approve
Amendment #1 to Work Order #4 under PS-0009-15/RTB, Southwest Road Ditch
Drainage Improvements Phase 2 (Design of Minor Projects with Construction Costs
less than $2 million) in the amount of $17,516.78, with Inwood Consulting
Engineers, Inc., Oviedo; and authorize the Purchasing & Contracts Division
to execute the Work Order Amendment. (A-1465-15)
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item
#15 – A-1474-15
Regarding Item #15, Grant
Application to the Environmental Protection Agency, Commissioner Dallari stated
that he is very much in favor of the restoration of Lake Jesup and with the
ongoing volunteer outreach for that lake.
He added he has discussed Aquafiber previously as one aspect of this and
believes they need to have a true holistic plan for the restoration of the
lake.
Chairman
Carey advised that the County Manager received a letter from Aquafiber and she
has asked that a formal response be drafted. Ms. Guillet stated they have discussed
utilizing some of Aquafiber’s moblie units, and noted that Kim Ornberg,
Watershed Management Division, has been in ongoing discussions with them. Ms. Guillet said staff will draft a letter this
week formalizing the County’s position with respect to the overall Aquafiber
project.
Chairman
Carey opined they need their professionals to outline the benefits and all of
the potential issues in regard to this technology, and then they can respond to
Aquafiber so they understand the position of this Board.
Commissioner
Dallari remarked that most people do not realize TMDLs are Total Maximum Daily
Loads of pollutants. He said there are
certain thresholds they need to maintain per the EPA (Environmental Protection
Agency) and other state agencies. He
wants to make sure that whatever credits they are looking at, they are actually
measuring them and they are attainable, so in years to come, they are meeting
their goals and not putting an unfair burden on the taxpayers of this County.
Chairman Carey stated she was under the impression that TMDL
credits would carry forward, but apparently they do not. Commissioner Dallari added that the Chairman
brought up a good point and they cannot be carried forward from one year to
another. However, they should be
lobbying the appropriate agencies to make sure that those credits are attainable
and credited for the following years. He
opined that should be one of their priorities in the region, if not in the
State.
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to approve the submittal
of a Grant Application to the Environmental Protection Agency (through its FY
2015 Urban Waters Small Grants Program) requesting up to $60,000 in grant
funding for ongoing volunteer outreach and restoration of Lake Jesup; and
authorize the County Manager to execute any documents associated with the Grant
Application.
Under
discussion, Commissioner Horan questioned whether they think they will receive
the grant. Ms. Ornberg advised they have
not gotten this specific grant; however, they did receive one EPA grant in the
past and it was several years ago. She
explained they give several of these grants throughout the country so staff
believes there is a pretty good chance they could get it. She added they have never actually applied
for this specific one; it's about education and using local resource. It kind of ties in with the volunteer
restoration projects they have been doing and the volunteer outreach they
do. She also advised they are going to
work with the School Board. Upon further
inquiry, Ms. Ornberg stated they are in the process of completing the
application.
Commissioner
Horan questioned in the application process whether it advances their position
if they show they can leverage the grant dollars with possibly private or
independent dollars or other programs and technologies. Ms. Ornberg responded she does not believe
this is with private partnerships but certainly they are working with the
School Board and other agencies. She added
they are working with some local folks from Black Hammock and they are getting
letters of support from DEP (Department of Environmental Protection), the
School Board, and St. Johns River Water Management District (SJRWMD).
Commissioner
Horan confirmed that the grant program is intended to incentivize volunteer
programs. Ms. Ornberg stated it will
also be used to educate communities through outreach to improve water
quality.
Districts 1, 2, 3, 4 and 5 voted
AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Clerk’s Office
Motion by
Commissioner Constantine, seconded by Commissioner Henley, to approve the
following:
27. Approve
Expenditure Approval Lists dated October 12 and 19, 2015; Payroll Approval List
dated October 8, 2015; and the BCC Official Minutes dated September 22, 2015 (2
meetings) and October 13, 2015. (A-1452-15)
Districts 1, 2,
3, 4 and 5 voted AYE.
-------
The Board noted, for
information only, the following Clerk’s “Received and Filed”:
1. Florida Public Service Commission (FPSC) Consummating Order regarding Petition for
approval of renewable energy tariff and standard offer contract, by Florida Power
& Light Company; Docket #150108-EQ; Order #PSC-15-0430-CO-EQ issued on
October 12, 2015.
2. Parks Contracts for Services for Stephen
Toolsie and Robert Smith.
3. Approval Development Order for Alcoholic
Beverage License for #15-27500038, Zora Grille, 1370 East Altamonte Drive.
4. Addendum #1 to the Donnie Myers RV PD Phase 2
Site Plan Developer’s Commitment Agreement, #15-20500032.
5. Performance Bond #85728455 for Roads, Streets
and Drainage in the amount of $170,683.75; and Recording of Plats for the subdivision
known as Aloma Trails.
6. Water and Sewer Improvements Cash Maintenance
Bond in the amount of $1,834.00; and Maintenance and Escrow Agreement for the
subdivision known as Hidden Creek Reserve Phase 2.
7. Conditional Utility Agreement for Water,
Wastewater or Reclaimed Water Services with BC Racing Properties, LLC for the
project known as BC Racing (South Park Bs Ctr Lot 3).
8. Bill of Sale and Warranty Deed with Meritage
Homes of Florida, Inc. in acceptance of the potable and reclaimed water and
sewer systems within the project known as Hampton Estates – Meritage Homes.
9. U.S. Department of the Interior Geological
Survey Joint Funding Agreement for Caribbean-Florida Water Science Center
(Florida Integrated Science Center–Orlando).
10. Pet Rescue Cooperative Service Agreement with
Ewenity Farm Herding Dog Haven, Inc.
11. First Amendment to IFB-601922-14; LaFleur
Nurseries and Garden Center, LLC.
12. Change Order #3 to Work Order #29 to
CC-8199-12; C.E. James, Inc.
13. Amendment #2 to Work Order #12 to PS-2051-07;
Environmental Research & Design, Inc.
14. Third Amendment to IFB-601796-13; Butler
Animal Health Supply, LLC d/b/a Henry Schein Animal Health.
15. Work Order #25 to PS-8186-13; CPH, Inc.
16. Work Order #15 to RFP-5847-10; The Colinas
Group, Inc.
17. Closeout to Work Order #16 to CC-9192-13;
All-in Construction Services, LLC.
18. Amendment #2 to Work Order #8 to PS-0219-05;
Singhofen & Associates, Inc.
19. First Amendment to IFB-601404-12; County
Materials Corporation.
20. Third Amendment to IFB-601516-12; Midwest
Medical Supply Co., LLC.
21. Second Amendment to CC-9226-14; Halifax
Paving, Inc.
22. First Amendments to PS-8148-12; Atkins North
America, Inc. and CDM Smith, Inc.
23. Amendment #2 to Work Order #3 to PS-5116-10;
CDM Smith, Inc.
24. Change Order #2 to CC-9126-13; Masci General Contractor.
25. Closeout to CC-9909-15; CMI Environmental,
LLC.
26. Amendment #1 to Work Order #28 to PS-8047-12;
Ardaman & Associates, Inc.
27. Change Order #1 to CC-9650-14; Eclipse
Construction.
28. Audit Report No. 102015 from the Clerk of the
Circuit Court & Comptroller for Limited Review of Family and Medical Leave
Act.
Sheriff’s Office
Motion by Commissioner Dallari, seconded by Commissioner Henley,
to approve the following:
28. Approve the expenditure of $2,500 from the Law
Enforcement Trust Fund to provide for a contribution to the South Seminole
Sertoma Club. (A-1455-15)
29. Approve the expenditure of $5,000 from the Law
Enforcement Trust Fund to provide funding in support of the Central Florida
Crimeline Program. (A-1454-15)
Districts 1, 2, 3, 4
and 5 voted AYE.
Supervisor
of Elections
Motion by Commissioner Henley, seconded by Commissioner Horan, to
approve the following:
30. Approve
and authorize the Chairman to execute the Certificate Regarding Matching Funds
contained within the Memorandum of Agreement between the Florida Department of
State and the Seminole County Supervisor of Elections; and to execute appropriate
Resolution #2015-R-187 implementing Budget Amendment Request (BAR) #16-008 in
the amount of $168,362 through the General Fund to appropriate grant funding
for election activities. (A-1425-15)
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Agenda Item #31 – A-1411-15
The Board noted, for information only, the Informational
Budget Transfer Status Report for FY 2014/15 (September 2015).
COUNTY
ATTORNEY’S BRIEFING
Bryant Applegate, County Attorney, stated it is the time of year for
ethics training. He reminded the Board
they did a live, four-hour training session last year. He questioned whether the Board would like to
do the training this year live or on the Commission on Ethics’ website.
Commissioner Dallari opined he enjoyed the
live training and thinks it would be to their advantage, as well as the
community’s, to do it exactly the same as last year with just updating the
information.
Chairman Carey confirmed with Mr. Applegate
that the training must be done by the end of December. She then questioned whether the Board would
like to do their training online or do it live.
Commissioners Henley, Horan and Constantine all agreed they would like
to do it live. Commissioner Constantine
added that if anybody cannot make the presentation, they should do the training
on the website and the Board should understand that.
Chairman Carey stated they will try to
schedule half a morning and if someone has a conflict, they will have to do it
online. She reminded the Board members
that the training must be done by the end of the year.
Commissioner Horan commented that the great
thing about the group training is that it sends a message to the public that
they are so serious about the ethics considerations and issues that they are
willing to do it in a public setting where it can be participated in and
observed by the public.
Chairman Carey stated they can have the
County’s top management the same day and also invite their volunteers in order
to reduce the amount of time that Mr. Applegate has to make the
presentation. She suggested they start
to schedule this annually.
Discussion ensued regarding the value of
the interaction during live training and that the level of learning is higher.
Ms. Guillet advised they have received some
inquiries from other elected officials in the County who would like to
participate. She added if there is no
objection, she can extend the invitation to them as well. Chairman Carey stated she volunteered Mr.
Applegate to the Expressway Authority and other agencies she serves on because
some of their private members are the Governor’s appointees who also have to
pass this ethics training. She asked
that Ms. Guillet be sure to extend the invitation.
Mr. Applegate thanked the Board for their
comments and support. He advised that
the live training they did last year actually established a trend in other parts
of the state and the Board should be congratulated.
Chairman Carey suggested they record the
live presentation and also broadcast it live.
She added she will work with the County Attorney and the Commission
Offices to get the training scheduled for some time in December.
-------
Mr. Applegate stated the Board is aware
that last month, the Florida Land and Water Adjudicatory Commission ruled in
the County’s favor on the Putnam County Environmental Council’s challenge. He advised the Final Order has not been
signed yet, so the appeal time has not started to run. He said he would keep the Board posted. Upon inquiry by Chairman Carey, Mr. Applegate
responded the appeal time is 30 days after the Order is signed.
The Board recessed the meeting at 10:25 a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials with the exception
of Clerk of Court Maryanne Morse, who was absent, and Deputy Clerk Terri
Porter, who was replaced by Deputy Clerk Jane Spencer, who were present at the
Opening Session.
PROOFS
OF PUBLICATION
Motion by
Commissioner Dallari, seconded by Commissioner Henley, to authorize the filing
of the proofs of publication for this meeting's scheduled public hearings into
the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC
HEARINGS
LEGACY POINTE
LARGE SCALE FUTURE LAND USE
AMENDMENT AND
REZONE/George Kramer
Agenda Item #32 – PH-2015-213
Proof of publication
calling for a public hearing to consider adoption of an Ordinance enacting a
Large Scale Future Land Use Map Amendment from Low Density Residential and
Higher Intensity Planned Development - Transitional, to Planned Development;
and adoption of an Ordinance enacting a Rezone from Single Family Dwelling
District (R‑1A) and Agriculture (A‑1) to Planned Development (PD)
for 59.28 acres, located on the southwest corner of Nak Nak Run and Old
Lockwood Road, as described in the proof of publication, George Kramer.
Jeff
Hopper, Planning & Development Division, addressed the Board to present the
request as outlined in the Agenda Memorandum.
Mr. Hopper stated the Applicant is requesting approval for a continuing
care retirement community for seniors along with support services such as
medical offices, health services, skilled nursing and memory care. He explained that the project would consist
of 298 multi-family units, 40 detached single-family villas. A future development phase would provide
options for up to 54 non‑age-restricted units developed as a
single-family subdivision or additional assisted living type units depending on
market conditions. Overall, the
development potential for Legacy Pointe would be a maximum of 554 dwelling
units along with up to 221,500 square feet of support uses.
Mr.
Hopper noted that on September 22, 2015, the BCC held a public hearing on the
application and voted to transmit the item to the State of Florida for agency
comments prior to adoption and discussed the responses. He stated staff recommends adoption of this
item subject to the Master Development Plan and the list of conditions
contained in the Development Order.
Aaron
Gorovitz, Lowndes Drosdick P.A. on behalf of the Applicant, addressed the Board
to display a PowerPoint presentation entitled Legacy Pointe (copy received and
filed). Mr. Gorovitz discussed the
Project Team, Projected 75+ Population Florida graph, and Projected 75+
Population Seminole County graph. He
stated the design is compatible with the entire community, is context sensitive
and environmentally conscious. He stated
there will be minimal traffic impact and believes they will be great community
neighbors. The Legacy Pointe site plan,
the Compatible Design, and the Compatible Planning slides were displayed and
discussed.
Mr.
Gorovitz described the 15.61 Acres of Open Space and Perimeter and the
Potential Development. He concluded his
presentation by displaying the Public Facility Demands graph and explaining how
the public facility demands for this project are far less than those that are
currently permitted. With regard to
Minimal Impacts, he pointed out that this project not only reduces the traffic
and school impacts but is a very high-end amenity. People all over the country are trying to
figure out what UCF is doing and think this project is a fantastic
prototype. Mr. Gorovitz stated when the
project is built, he believes it will be replicated throughout the country.
Chairman
Carey stated that when the County got the comments back from the Florida Fish
and Wildlife Commission (FWC), there had been some bear activity within a mile
and five-mile radius. There was not a
lot, nothing like on the west side. She
advised at the December meeting, the County Manager will be bringing forward an
ordinance that addresses securing garbage along with many other recommendations
for bear wise communities. Chairman
Carey questioned Mr. Gorovitz if he would be willing to voluntarily adopt those
into his covenants and restrictions as part of this so they can attempt to keep
the bears at bay out on the east side of town.
Mr. Gorovitz stated if the ordinance is adopted, they will comply with
it. He does not know what will be in the
ordinance and doesn't want to tell the Chairman that they will do something
without seeing the ordinance. He stated
his sense is UCF at the stadium, at Northview and now here, really bend over
backwards to be a good neighbor. He
stated if it is something that everybody in the neighborhood is doing, they
will also do it.
Gordon
Pearson, 2570 Nak Nak Run, addressed the Board to state there have been three
projects that went up just this year in the area. He stated his biggest problem is Old Lockwood
Road and described the traffic issues.
Mr. Pearson noted there is not even a bike trail in that area. With regard to the environment, he stated he
has a pond; and in the last ten years, it is down six feet because the water is
being used so fast. He described the
wildlife that lives in the area and how some of the wildlife are being hit by
cars. Mr. Pearson stated he is not for
or against the project but he would like someone to look at the situation.
With
regard to public participation, no one else in the audience spoke in support or
in opposition and public input was closed.
Speaker
Request Form was received and filed.
Chairman
Carey indicated she has ex parte communication which will be submitted at the
end of the hearings.
Commissioner
Dallari stated he also had ex parte communication which was submitted at the
September 22, 2015 BCC meeting. Since
that time, he has had no additional ex parte communication.
Motion by Commissioner Dallari,
seconded by Commissioner Horan, to
adopt Ordinance #2015-29 enacting a Large Scale Future Land Use Map Amendment from
Low Density Residential and Higher Intensity Planned Development ‑
Transitional to Planned Development; and to adopt Ordinance #2015-30 enacting a
Rezone from Single Family Dwelling District (R‑1A) and Agriculture (A‑1)
to Planned Development (PD) for 59.28 acres, located on the southwest corner of
Nak Nak Run and Old Lockwood Road; as described in the proof of publication,
George Kramer; Development Order.
Under
discussion, Commissioner Constantine acknowledged ex parte communications with
the University of Central Florida. He
advised that he strongly shares what was indicated earlier to the Applicant,
that although the rather extreme concern the County has with the negative bear‑human
contact is on the west side of I‑4, they would hope that any development,
as it comes in, would be supportive of working through the new FWC regulations
when it comes to bear‑friendly situations. He also told the University that although he
is extremely excited about this project as a whole, he does wish that with regard
to the 14 acres that are not being developed today or not being planned out
today, there was less density and/or that the County was assured it was going
to be the same type of project. Commissioner Constantine stated he is in total
support of this project and believes that it is going to be something that they
will be very proud of in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
NON-PUBLIC
HEARING ITEMS
INDUSTRIAL
DEVELOPMENT REVENUE BOND
ANTICIPTATION
NOTES (Legacy Pointe at UCF)
Agenda
Item #33 - NPH-2015-231
Pamela
Lynch, Business Development Manager with Economic Development, addressed the
Board to present a request to approve a Resolution issuing $14 million in
Industrial Development Revenue Bond Anticipation Notes for Legacy Pointe at UCF
as outlined in the Agenda Memorandum.
Ms. Lynch advised that the Seminole County Industrial Development
Authority (SCIDA) initially approved the issuance of the bonds on October 20,
2015. The Board of County Commissioners, by Florida Statute, must approve
SCIDA’s proceeding with this financing transaction. The Notes will be issued to finance the
acquisition of land and preconstruction costs.
She explained that the Legacy Pointe at UCF community proposes to
include 126 independent living apartments, 30 independent living cottages, 48
assisted living units, 32 memory support units, 48 skilled private nursing
suites, and administrative support and common areas.
Ms.
Lynch stated that during the construction of the project, 800 jobs will be
created and approximately 170 full‑time jobs will need to be filled upon
the opening of the community. She
advised that staff is recommending approval.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Commission Dallari, seconded
by Commissioner Horan, to approve and authorize the Chairman to execute
Resolution #2015-R-188 approving the Seminole County Industrial Development
Authority’s (SCIDA) issuance of Industrial Development Revenue Bond Anticipation
Notes for Legacy Pointe at UCF in an aggregate principal amount not to exceed
$14 million.
Districts
1, 2, 3, 4 and 5 voted AYE.
Commissioner
Constantine left the meeting at this time.
PUBLIC
HEARINGS (continued)
PARK PLACE AT ALOMA
REZONE/Dustin Lucas
Agenda Item #34 – PH-2015-216
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 38 lot single-family residential subdivision on approximately 10.40 acres,
located on the south side of W. SR 426, east of SR 417, Dustin Lucas, received
and filed.
Joy Giles,
Planning and Development Division, addressed the Board to present the request
as outlined in the Agenda Memorandum.
Ms. Giles explained that the Applicant proposes to develop a residential
subdivision with a density of 3.7 dwelling units per net buildable acre for a
maximum of 38 residential lots with a minimum lot size of 6,000 square
feet. She noted that the Planning &
Zoning Commission recommended approval of the request and advised that staff is
also recommending approval.
Tom
Sullivan, GrayRobinson Law Firm, on behalf of the Applicant, addressed the
Board to state they appreciate staff’s recommendation for approval. Mr. Sullivan stated there has been quite a
bit of community outreach that went on in connection with this project and the
requested density was reduced as part of that.
He indicated there was a petition (copy not received and filed) signed
by all of the homes in the nearby area in support.
John
Searcy, 5721 Cross Fox Lane, addressed the Board to state he represents the
homeowners of Aloma Acres and Deep Lake home sites, which are the 26 homes
adjacent to the property and most directly affected by the property. Mr. Searcy explained that in the past when
the County may have received some letters and emails from them in opposition to
the development, that was the previous plan.
He described the homeowners’ previous concerns of density and
egress/ingress and advised that those concerns have been resolved.
Commissioner
Constantine re-entered the meeting at this time.
Mr. Searcy
stated they support the plan and recommend that the Board approve it.
Commissioner
Dallari stated he has worked with the community for the last several months and
wanted to commend them all.
With regard
to public participation, no one else in the audience spoke in support or in
opposition and public input was closed.
Speaker
Request Form was received and filed.
Motion by Commissioner Dallari, seconded
by Commissioner Horan, to adopt Ordinance #2015-31 enacting a Rezone from A‑1
(Agriculture) to PD (Planned Development) and approve the associated
Development Order and Master Development Plan for 10.40 acres, located on the
south side of W. SR 426, east of SR 417, as described in the proof of
publication, Dustin Lucas.
Under
discussion, Chairman Carey advised that she has ex parte communication
regarding this item.
Districts
1, 2, 3, 4 and 5 voted AYE.
SUNTERA PARK
LARGE SCALE FUTURE LAND
USE
AMENDMENT AND REZONE/Robert Horian
Agenda Item #35 – PH-2015-218
Proof of Publication calling for a public hearing to consider
transmittal of a Large Scale Future Land Use Amendment from Suburban Estates to
Planned Development, and the associated Rezone from A‑1 (Agriculture) to
PD (Planned Development) for light industrial uses on 13.5 acres, located at
the corner of Celery Avenue and N. Beardall Avenue, Robert Horian, received and
filed.
Joy Giles, Planning and Development Division, presented the
request as outlined in the Agenda Memorandum.
Ms. Giles stated the Applicant proposes to develop an Industrial Park of
11 lots permitting uses under the M-1A zoning classification as listed in the Development
Order. She pointed out that the subject
property has been identified in the Seminole County/City of Sanford Joint
Planning Agreement as an area suitable for transitional, non-residential uses
such as commercial or light industrial.
She noted that the Planning & Zoning Commission recommended approval
of the request and advised that staff is also recommending approval.
Chairman Carey stated she had asked how close sewer was to this
project and was told it was not very close.
She stated when they actually get to the point of development, since
there is a lot of development that is already approved around that general
area, if some of that has started and the sewer has been extended, she would
hope that the developer would consider a sewer connection rather than septic
tank.
Robert Horian, Applicant, addressed the Board to state they are
looking forward to developing this part of Seminole County. He stated they would like to sell and/or
build suites on five lots and they are looking forward to mentoring and
possibly investing in five startups or five fledgling companies that need
help. He stressed that is the purpose
behind this project.
With regard
to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Chairman Carey, seconded by
Commissioner Horan, to authorize transmittal of the Large Scale Future Land Use
Amendment from Suburban Estates to Planned Development; Rezone from A‑1
(Agriculture) to PD (Planned Development); and the associated Development Order
and Master Development Plan for 13.5 acres, located at the corner of Celery
Avenue and N. Beardall Avenue, to the State Land Planning Agency, as described
in the proof of publication, Robert Horian.
Districts
1, 2, 3, 4 and 5 voted AYE.
BOARD
OF ADJUSTMENT APPEAL/Thomas Duba
Agenda Item #36 – PH-2015-71
Proof of publication calling for a public hearing to consider a request to appeal the Board of Adjustment’s decision to
deny a side street (front yard) setback variance from twenty‑five (25)
feet to ten (10) feet for a privacy fence in the R‑1 (Single Family
Dwelling) district for property located on the east side of Tuska Reserve Cove,
approximately 290 feet south of Center Drive, and more particularly known as
301 Tuska Reserve Cove, Thomas Duba, received and filed.
Jimette Cook, Planning and Development Division, addressed the
Board to present the request as outlined in the Agenda Memorandum. Ms. Cook noted that at the August 24, 2015
Board of Adjustment (BOA) meeting, letters of support were presented from the
adjacent neighbors and from the HOA. No
letters of opposition were presented and no one spoke in opposition at the
meeting. She stated that discussion
ensued between the BOA members regarding the tunneling effect on neighborhoods
if fences were permitted close to the roadway and staff reported that the
Traffic Engineering division had no concerns with the fence being installed
with a 15‑foot setback, per the Code, and no variance would be required;
however, the Applicant stated he would like the requested 10‑foot setback
and would need the variance approval to fully utilize his property.
Jon Squires, attorney with Railey Harding & Allen, addressed
the Board to state he is here on behalf of Thomas and Kirsten Duba, the
Appellants.
Chairman Carey left the meeting at this time.
Mr. Squires pointed out that the variance was denied with a
three-to-two vote at the initial BOA meeting.
The primary objections were aesthetic objections based on the tunneling
effect. There were no safety
objections. He stated this is a private,
gated community and all of the roads per the plat are private
right-of-ways. There is no public access
to the community generally speaking other than the fact that the builder is
still trying to sell homes within the community. The builder controls the homeowners
association. The homeowners association
(therefore the builder) and the architectural review board have approved the
fence, not only in this material but also in the location desired. Mr. Squires referred to the packet (copy
received and filed) that he distributed and directed the Board to the first
page, which is a petition in favor of the variance being granted and signed by
9 of the 10 residents that have moved into the neighborhood and live in
completed homes which have Certificates of Occupancy. The 10th resident has represented orally to
the Dubas that they are in favor of the petition for the variance being
granted.
Chairman Carey re-entered the meeting at this time.
Mr. Squires reiterated that aesthetically speaking, the people
who are affected by this want the variance to pass and don't have an objection
to it. He added that from a legal
standpoint, facts that have affected the Dubas’ use of the property and require
the variance include the fact that after the property was entered into contract
and before closing, the lot was replatted and the Dubas were guaranteed a
minimal square footage but they weren't sure what the layout of the lot was
going to be so they didn't know at the time that the lot was going to have a
curb on the side and what the effect of that would be.
Mr. Squires displayed photos from the packet and discussed the
playground that was built at the rear of the Dubas’ lot. He further explained how an extra extension
from 15 feet to 10 feet would allow the Dubas more access and use of their
property.
Upon inquiry by Commissioner Horan, Mr. Squires described the
two structures that are depicted in the photograph as a cable box and a utility
hookup box. Mr. Squires stated there is
a 10‑foot utility easement beginning at the edge of the sidewalk going
towards the house.
Paul Stewart, 320 Tuska Reserve Cove, addressed the Board to
state as a homeowner in this area, they are a small community that is growing
together and they have no objection to the Dubas’ request to have a fence put
in that particular area. Mr. Stewart
stated he doesn't feel it will be an eyesore of any sort. He noted he is here on behalf of his wife,
Stacy, and they would like to petition the Board to reverse the decision that
was made earlier.
With regard to public participation, no one else in the audience
spoke in support or in opposition and public input was closed.
Speaker Request Forms were received and filed.
Commissioner Dallari referred to the photo being displayed and
pointed out that if you look beyond the lot to the house across the street, the
fence needs to be further out. He also
stated that even though the street between the two houses is labeled a street,
it is really an extension of a driveway.
He believes the size and configuration of the lot causes an undue
hardship and he has no issue in granting what the Dubas are asking for.
Motion by
Commissioner Dallari, seconded by Commissioner Constantine, to overturn the
Board of Adjustment’s decision to deny the request for a variance from the
Seminole County Land Development Code Section 30.186 for a side street (front
yard) setback variance from twenty‑five (25) feet to ten (10) feet for a
privacy fence in the R‑1 (Single Family Dwelling) district for property
located on the east side of Tuska Reserve Cove, approximately 290 feet south of
Center Drive, and more particularly known as 301 Tuska Reserve Cove, as described in the proof of publication, Thomas Duba; Approval
Development Order.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSOLIDATED
STREET LIGHTING
DISTRICT
(CSLD) ORDINANCE AMENDMENT
Agenda Item #37 – PH-2015-232
Proof of
publication calling for a public hearing to consider approval of the amended
Consolidated Street Lighting District Ordinance, repealing and replacing
Ordinance #2015-19 to create the Bookertown MSBU for funding street lighting
within the Bookertown community; received and filed.
Kathy
Moore, MSBU Program Manager, addressed the Board to present the request as
outlined in the Agenda Memorandum. Ms.
Moore explained how the MSBU program works.
She stated the Ordinance Amendment presented today requests the Board’s
consideration for creating a new MSBU for funding street lighting in the
Bookertown community as was initiated by a community-based application followed
by a petition process demonstrating the required support rate from the
properties included in the proposed assessment boundary.
Ms. Moore
explained that this street lighting project within the Bookertown community
qualifies for federal Community Development Block Grant (CDBG) funding that is
available to assist with equipment installation expenses. As such, the installation costs will be paid
through the CDBG project funds as approved by the Board for Fiscal Year
2015/16. As ongoing operating costs are
not eligible for this funding, an MSBU is requested to provide the funding
necessary for operating and maintaining the equipment. Ms. Moore advised that the initial assessment
is proposed at $45 per benefit unit. The
annual assessments in the future may vary based on operating costs and
financial status of the MSBU.
Ms. Moore
noted that an unstaffed Seminole County park with use restricted to daylight
hours is located within the Bookertown community. As is customary and guided by State statutes,
government property is excluded from non‑ad valorem assessment. In recognition that Bookertown is a CDBG‑eligible
community with an expressed need for street lighting and given the location of
the County park within the proposed assessment boundary and the common desire
for the equipment to be installed as soon as feasible, it is requested that the
County provide funding for a street light operation during the interim between
installation of the equipment and the end of the current fiscal year in an
amount not to exceed $6,500. If
approved, the Ordinance will be effective January 1, 2016.
Upon
inquiry by Commissioner Dallari, Ms. Moore displayed a map (copy not received
and filed) and clarified that the area where there are no street lights planned
(although roads are indicated on the map and there is a road right-of-way), the
area is completely wooded at this time.
Ms. Moore indicated on the map a similar location and stated that is a
single lane pathway. She added that up
along the park perimeter, it is more of a gravel travel area and not so much a
road. Commissioner Dallari confirmed
with Ms. Moore that everywhere there is a road, there will be proper lighting.
Reginald
Campbell, 4501 Richard Allen Street, addressed the Board to state he is
representing the Bookertown Improvement Association and is speaking on behalf
of the 56% of the people who voted in favor of having the MSBU lights installed
in the neighborhood. He advised that the
lights are greatly needed in the neighborhood and discussed the children who
are catching the school bus in the dark.
Mr. Campbell pointed out they have activities going on in the park and
as time changes, they will need the lights so the Little League Baseball
players can practice. He believes it is
important to approve this item since it will greatly enhance the
neighborhood. He discussed the issues
emergency personnel have, due to the darkness, in seeing the house numbers on
the residences.
Chairman
Carey stated it has been a pleasure to work with the Bookertown Association on
some of the needed improvements. She
stated that in addition to the street lighting, she would like staff to check
into a drainage issue that is in the park.
She requested that Engineering and Parks & Recreation go out to the
park to see what is going on. She noted
that for a number of years, there have been requests from the community
regarding bathrooms since there are no bathrooms in the park. There is a community association building but
it is locked most of the time. The
association has indicated they would be willing to work with the County if the
County wanted to place some bathrooms on the backside of the building using
some of the plumbing there. Chairman
Carey requested the support of the Board to look at potentially putting some
bathrooms in that park. No objections were voiced.
With regard
to public participation, no one else in the audience spoke in support or in
opposition and public input was closed.
Written
Comment Forms and a Speaker Request Form were received and filed.
Motion by Chairman
Carey, seconded by Commissioner Constantine, to approve and authorize the
Chairman to execute Ordinance #2015-32, the amended Consolidated Street
Lighting District Ordinance, repealing and replacing Ordinance #2015-19 to
create the Bookertown MSBU for funding street lighting within the Bookertown
community.
Districts 1, 2, 3, 4 and 5 voted AYE.
SPINE ROAD
AGREEMENT/Syd Levy
Agenda Item #38 – A-1404-15
Proof of publication calling for a public hearing to approve and
authorize the Chairman to execute an Agreement between Seminole County and Syd
Levy for the contribution of $900,000 towards the costs of construction of the
new Spine Road Project that will run between U.S. 17‑92 and Ronald Reagan
Boulevard at Hester Avenue; and consider a waiver of permit and inspection fees
for the project, Syd Levy, received and filed.
John Jreij, Director of Public Works, addressed the Board to
present the request as outlined in the Agenda Memorandum. Mr. Jreij displayed the Conceptual Road Plan
(copy in Agenda Memorandum). He
described the project and pointed out the cost will be $1,963,636.37. An IBI Group Summary of Work was submitted
into the record. Mr. Jreij stated staff
is recommending approval.
With regard
to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Commissioner
Horan stated this is an exciting project and pointed out that one of the
benefits of the development of this property is a much needed public
improvement which will facilitate the development and interplay of all of the
properties through the construction of this road.
Motion by Commission Horan, seconded by
Commissioner Dallari, to approve and authorize the Chairman to execute an
Agreement regarding Proposed Spine Road at Reagan Center between Seminole
County and Syd Levy for the contribution of $900,000 towards the costs of
construction of the new Spine Road Project that will run between U.S. 17‑92
and Ronald Reagan Boulevard at Hester Avenue; and approve a waiver of permit
and inspection fees for the project, as described in the proof of publication,
Syd Levy.
Districts
1, 2, 3, 4 and 5 voted AYE.
Chairman
Carey requested that Ms. Guillet give an update on the undergrounding of the
overhead utilities at Five Points for the property that the County owns. Ms. Guillet stated they are in the process of
obtaining pricing for it. She stated
since Ms. Fonseca (who was working on that) is not here, Ms. Guillet will have
to get back to the Board. Chairman Carey
requested that Ms. Guillet get that update and circulate it around to the
Commissioners' offices because she believes that is an important piece, and
they don't want to miss the opportunity between FDOT's project of widening the
road and this significant development happening across the street. They want to make sure they look at the
County's side of the road where they have a significant investment.
Commissioner
Dallari stated he believes the Chairman is making a valid point. He stated he was under the impression that
FDOT was moving with their project the first quarter of 2016. He just wants to make sure they don't miss
the opportunity. Chairman Carey stated
she believes they are starting at Shepard Road but pointed out that it should
not take this long to get an estimate from the utility companies and maybe
someone else needs to call.
NON-PUBLIC
HEARING ITEMS (Continued)
Agenda Item #39 – A-1412-15
Tim Jecks, Resource Management, addressed the Board to present a
request to approve and authorize the addition of the new Spine Roadway Project
to the list of projects for Exhibit C ‑ Potential Minor Roadway &
Safety Projects of the Interlocal Agreement Pertaining to the Shared
Distribution and Use of the One-Cent Local Government Infrastructure Surtax and
approve and authorize the Chairman to execute a Resolution implementing Budget
Amendment Request (BAR) #16‑005 through the 2014 Infrastructure Sales Tax
Fund in the amount of $900,000 to establish funding for the new Spine Road
Project.
With regard to public participation, no one in the audience
spoke in support or in opposition and public input was closed.
Motion by Commission
Horan, seconded by Commissioner Dallari, to approve and authorize the addition
of the new Spine Roadway Project to the list of projects for Exhibit C ‑
Potential Minor Roadway & Safety Projects of the Interlocal Agreement
Pertaining to the Shared Distribution and Use of the One-Cent Local Government
Infrastructure Surtax; and approve and authorize the Chairman to execute
appropriate Resolution #2015-R-189 implementing Budget Amendment Request (BAR)
#16‑005 through the 2014 Infrastructure Sales Tax Fund in the amount of $900,000
to establish funding for the new Spine Road Project.
Districts 1, 2, 3, 4 and 5 voted AYE.
CHAIRMAN’S
REPORT
Chairman
Carey reported that she received a letter (copy received and filed) dated
October 27 from Ray Valdes, Tax Collector, regarding the year ending 2015. He is returning unused revenues to the County
in the amount of $3,921,010. Chairman
Carey requested that Ms. Guillet follow up with Mr. Valdes to determine if he
is still looking to acquire property and what his plans are for the upcoming
years. She reminded everyone that Mr.
Valdes put the County on notice several years ago that he is looking for
property in the Altamonte area. One of
the actions the Board took today extended a lease, but only for a year. She pointed out they have gotten used to the
funds being returned and for several years no funds were returned.
-------
Chairman Carey reported that the County received a memo and
attachment (copy in Submissions) dated October 27, 2015 from Mary Hope,
Seminole County Sheriff’s Office, regarding the closing out of the books for FY
2014/15 and she advised they are returning the amount of $209,371 from the
budget closeout, which has been returned to the Clerk’s Office.
-------
Chairman Carey reminded the Board that at the last meeting, they
talked about MetroPlan Orlando and their reorganization of the Citizens
Advisory Committee. She had requested
that everyone get back with the County Manager so they can come up with a
recommendation for appointments that they are going to have for the 2016 Boards
and Committees meetings. She hopes that some of the other Seminole County
representatives can be picked up in some of the other MetroPlan slots so the
County will have more representation than just three members. Chairman Carey noted that Commissioner
Dallari is a long-standing member and has served several times as Chairman and
advised that she had asked him to take the lead on this matter. She asked Commissioner Dallari if he had a
recommendation.
Commissioner Dallari agreed that this Board appoints three
people to the overall Citizen Advisory Committee. He stated that the MetroPlan staff at the
next MetroPlan meeting will present the additional 12 individuals that the
board will be approving. He stated he
spoke to Harry Barley about those twelve individuals and insisted there be even
distribution across the three counties; so MetroPlan will be presenting that
and they will be trying to vet that so there is equal representation across the
three counties. Chairman Carey confirmed
with Commissioner Dallari that they should be able to maintain a reasonable
pool. Commissioner Dallari stated there
are three individuals that he believes the Board should appoint from Seminole
County outside of the twelve because each county gets to appoint three.
Motion by Commission
Dallari, seconded by Commissioner Constantine, to appoint Tom O’Hanlon, Tony
Tizzio and Brindley Pieters to the Citizens Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT
COMMISSIONERS’ REPORTS
District
3
Commissioner
Constantine reported that on October 28, he was honored to be part of the
Rescue Mission, a Servant of the People, as was Commissioner Carey, which
raised $90,000 for that very important homeless mission. He announced that Charity Challenge will be
providing them with all of the turkeys that they need for their annual
Thanksgiving dinner.
-------
Commissioner Constantine stated that on October 29 he went to
the SWOP program with Commissioner Horan; and on October 31 he and his staff were
involved in the Goldenrod Parade, which was a lot of fun as it always is.
-------
Commissioner Constantine noted that at the CALNO meeting last
week, they had a discussion and update about the School Board not only working
with trying to come up with an agreement with the Department of Education but
also their successes, which are phenomenal.
-------
Commissioner Constantine stated that on November 6 he went to
the opening of the new art gallery for Dixon Ticonderoga. He added it was a lot of fun and their
program is really phenomenal. He
reported that the Greek Festival was this past weekend.
-------
Commissioner Constantine stated he was co‑chair at the
Florida Conservation Coalition's free seminar that was held at Wekiva
Island. Along with Senator Governor Bob
Graham and others, they had 100 people there.
-------
Commissioner Constantine reported that Congressman Mica had a
meeting at MPO on a new high tech solution for traffic congestion. He stated the mayors of Longwood, Altamonte
Springs, Casselberry and Representative Brodeur were there and all of them
volunteered to use the new high traffic solution in the SR 436/SR 434/U.S. Hwy
17‑92 Corridor if they were able to get it.
-------
Commissioner Constantine reported that the MPO Disadvantaged
meeting is tomorrow and that he, along with Commissioner Horan, will be at the
FAC Legislative Conference next week. He
advised that the East Central Florida Regional Planning Council is meeting on
November 18. On November 21, the
Seminole County School Board is doing their wonderful program, Arts Alive
Again.
-------
Commissioner Constantine asked the County Manager when the Board
will be able to see the bear resistant ordinance to make some recommendations
and suggestions. Ms. Guillet stated she
is hopeful there will be a draft out next week.
They have spoken to County staff to get final comments. She stated they are also working with the
County Attorney's Office, who has some questions. Commissioner Constantine confirmed with Ms.
Guillet that they are still "sharpening their pencils" on the bear
cans.
District
5
Chairman
Carey stated she also was at the Dixon Ticonderoga Open House. She remarked that it was really nice to see a
private company preserving art and history.
Dixon Ticonderoga has dedicated a large area of their private space in
their office facility to a museum. She
noted that one of the three Norman Rockwell oils that were stolen has been
retrieved and restored and is on display.
She encouraged everyone to go and stated it is quite a collection.
-------
Chairman
Carey stated she had a request from Pasha Baker, the vice president of programs
for the Goldsboro West Side Community Historical Association, to take over the
maintenance of the Page Jackson Cemetery, which is a historic cemetery. Chairman Carey stated that the Property
Appraiser's records show that the State owns that. If they can work it out, they could lease the
cemetery to that organization since the organization would like to maintain the
cemetery and make sure the people that are buried there are properly recognized
and the headstones are maintained.
Chairman Carey stated if the Board has no objections, she would like to
have staff continue to work on that. No objections were voiced.
-------
Chairman
Carey reported that she attended the Sanford Orlando International Airport
meeting as the representative on November 3 and noted domestic travel is up
21%, up 19% year-to-date and the year‑to‑date count is over two
million passengers. District 4
Commissioner
Henley reminded the Board that the contract they have with the Central Florida
Sports Commission (CFSC) was effective October 1 and it provided for this Board
to appoint two members to the CFSC. He
stated he believes they need to make sure those positions are filled. He wondered whether the Chairman wanted a
recommendation now. Chairman Carey
stated if he has someone he wants to recommend, to do so; or the Board could
ask that they come back at the next meeting.
Commissioner
Henley stated he would recommend Commissioner Dallari to represent the
Board. Chairman Carey pointed out they
have two appointments and she would like to do them both at the same time.
Commissioner
Henley suggested staff check on the second appointment to determine if it is
open now or whether there was a date certain.
He advised he thinks there are some who think there is a date certain
when the second position becomes vacant to be refilled but the contract stated
the County is entitled to an additional person.
Ms. Guillet stated there is a seat that is designated as Seminole County
and explained it is not one that Seminole County selects for the board. Right now, that seat is filled by Phil
Rawlins and is indicated as the Seminole County seat. She stated the BCC has the opportunity to recommend
and advance a person to represent Seminole County on the Board per the terms of
the contract but their board has to ultimately approve it.
Commissioner
Henley stated according to the language in the contract the County selects two
people to submit and the Central Florida Sports Commission board approves or
disapproves. He stated he was unaware
that Mr. Rawlins was selected to represent the County. Ms. Guillet explained that the County selects
one, that there was already a position there, and that the language in that
contract was fashioned in a way so the County didn't lose that other seat when
somebody else was selected. Commissioner
Henley stated they would have an additional seat available. He pointed out that in his conversation with
the CFSC before the contract was signed, the County was going to be able to
name two people for them to consider.
Chairman
Carey asked if they could get this clarified and bring some recommendations
back. Commissioner Henley stated as far
as he is concerned, the Board needs to hold out to name two people. Chairman Carey requested that staff bring
this back for the December meeting and put it on the agenda as an agenda item
and get some recommendations. She
questioned if it is a Board appointment, is it the five Board members'
appointment or a Chairman's appointment.
She stated that needs to be clarified as well.
District
5 (continued)
Chairman Carey reminded everyone
that Veterans Day is tomorrow and there are activities in many of the
cities. She announced there is a
Veterans Day celebration and Memorial service at 11:00 a.m. at the Sanford
Veteran’s Park.
Chairman Carey submitted her ex parte communications into the
record.
District
1
Commissioner
Dallari stated that through MetroPlan they are working with FDOT to coordinate
hopefully the relocation of the two rest stops on I‑4. FDOT has changed the design so they are not
actually expanding the rest stops. The
one on the east side is a "no build" and the one on the west side
will be expanded a little bit. He
advised they are trying to relocate them and noted that FDOT has hired a
consultant to do a study, which should be done in the next couple of
months.
Commissioner
Dallari stated at MetroPlan on November 4 under board discussion, he spoke
about how FDOT Secretary Jim Boxold was with them on July 8 and discussed a
number of projects underway in Central Florida including the Turnpike's
proposal to build express lanes on SR 417 from the Lake Jesup bridge to the
Orange County line throughout Seminole County; and those express lanes would be
an additional toll within a toll road.
Commissioner Dallari explained that during that discussion, they talked
about the possibility of trading or purchasing several different roads (SR 417,
SR 528, SR 429) with the Central Florida Expressway Authority (CFX). At the same time, MetroPlan approved the five‑year
Transportation Improvement Plan (TIP).
This included the funding for the construction of the four express lanes
on SR 417 between the Orange County line up to Lake Jesup. He stated it was his understanding that
little progress has been made regarding the exchange or sale of that toll road;
however the Turnpike is moving forward with their plans for the widening
project and has had public meetings.
Because of all of this, he has asked the Board of MetroPlan to bring
back and agendize for action the rescinding of that project approval of the
TIP. He noted it is very unusual and
they have asked the staff to research it along with their attorney and discuss
it at the MetroPlan meeting.
Commissioner Dallari submitted his notes into the public record.
Chairman
Carey advised that it is the plan of the Turnpike Authority to just go from SR
434 to the county line, which is their only jurisdiction, and stop there. She pointed out that is not where the problem
is and stated the problem is at University.
She explained that CFX has done several things to try to help
accommodate travel to continue to be able to move, such as moving up their
project for the University improvements so they will coincide with any project
that the Turnpike might move forward.
Chairman Carey stated they also told the Turnpike that CFX would work
with them to allow them to construct through the county line because if they
dump all of that traffic back in at the county line at Aloma, that is right
before University where the traffic really backs up.
Chairman
Carey advised they are still in discussion with Secretary Boxold about a
purchase or swap. The Expressway
Authority has expressed an interest in a purchase and the Turnpike Authority
has only expressed an interest in a swap.
They have at least agreed to continue to pursue both avenues. She described her conversations with the
Governor, his staff who represent him in the transportation industry, and Ben
Watkins, the representative for financing in Tallahassee for transportation. She emphasized she is not only representing
the BCC but she is also representing the Expressway Authority on this
issue.
District
2
Commissioner
Horan reported on the public meeting he attended regarding the SR 417 extension
and the emails he has been exchanging with the Turnpike officials regarding
sound attenuation barriers in that particular area. He stated he is not quite sure he understands
the process but knows it is of significant interest to the people in District 2
that reside in the Eagle Watch and Chelsea Woods subdivisions of the Tuskawilla
PUD because they have been adversely affected.
-------
Commissioner
Horan reported that he attended a very successful fundraiser in Altamonte
Springs for the Seminole Work Opportunity Program (SWOP), which is now known as
Inspire. This is an organization, which
the County assists, that provides essential services to developmentally
disabled adults and it has been adversely affected by the new structure in the
way they are funded for the services they provide to their clients. He discussed and displayed an award that he
received at the fundraiser and pointed out the award belongs to the entire
Board.
-------
Commissioner
Horan reported that the Boys and Girls Clubs again had another successful
year. He advised the Board may get
contacted by several representatives of the Boys and Girl Clubs regarding new
initiatives to expand their programs in Seminole County.
-------
Commissioner
Horan announced he will be attending the Florida Association of Counties (FAC)
Legislative Conference next week. He
stated at that conference, staff has been invited to make a presentation
concerning what Seminole County has done and how we designed, structured and
implemented economic development initiatives and had such great success.
-------
Commissioner
Horan referred to the pin of a B‑17 on his right lapel and stated he is
wearing it today to honor his father who was with a B‑17 bomb group in
World War II.
-------
Commissioner
Horan stated he was proud yesterday to take delivery at his house of a bear
proof garbage can he purchased himself.
He stated he lives on the east side of the county and does not think
that bears or panthers or raccoons or any other kind of wildlife necessarily
respect jurisdictional boundaries and he believes it is a good example to
set. He encouraged everyone to do the
responsible thing and purchase a bear proof garbage can.
Chairman
Carey cautioned that everyone should make sure that the haulers that pick up on
that side of the county have trucks equipped with a tipper.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Copy
of letter dated October 19, 2015 from Luis Rodriguez, Federal Emergency
Management Agency, to Chairman Brenda Carey RE: Case No.: 15-04-A371C. (C:
Mr. Jeff Sloman)
2.
Letter
with attachment dated October 22, 2015 from Sandra Smith, City of Casselberry
Community Development Director, to Chairman Carey RE: Voluntary annexation of property located at
2751 Howell Branch Road, Casselberry, FL, PIN 27-21-30-501-0000-0020. (C:
Randy Newlon, City Manager)
3.
Letter
dated October 26, 2015 from Marva Johnson, Bright House Networks, to Chairman
Brenda Carey RE: upcoming changes to their cable programming lineup. (C:
Nicole Guillet, County Manager; Paul Louis, SGTV Program Manager; Michel
Champagne, Bright House Networks)
4.
Copy
of Memo and attachment dated October 27, 2015 from Mary Hope, Seminole County
Sheriff’s Office Director of Fiscal Services, to Board of County Commissioners
and Nicole Guillet, County Manager, RE: Sheriff’s Office FY 2014/2015 Budget
Closeout.
5.
Letter
dated October 30, 2015 from Kristen Sarri of the United States Department of
the Interior to the County of Seminole RE: Payment In Lieu of Taxes (PILT)
program.
6.
Letter
and attachments dated October 30, 2015 from Ana Richmond of the Florida
Department of Economic Opportunity to Chairman Brenda Carey RE: proposed
comprehensive plan amendment for Seminole County (Amendment No. 15-2ESR). (C:
Rebecca Hammock, Planning & Development Division Manager, Seminole
County; Hugh Harling, Executive Director, East Central Florida Regional
Planning Council)
COUNTY
MANAGER’S REPORT
Nicole Guillet, County Manager, updated the Board with regard to
the issues raised two weeks ago regarding the use of crumb rubber as an infill
material on the artificial turf fields at the new Sports Complex. Ms. Guillet advised that on October 29, staff
directed the consultants to cease construction on the artificial turf
fields. Two of the nine fields had
already been completed. Staff has taken
some time to review the matter, do some research and try to understand what the
issues are associated with crumb rubber.
She pointed out the County does not have a specialist on staff so they
consulted the County's Medical Director who referred them to Dr. Stanley
Haimes, who is a part of the Medical Director's team.
Ms. Guillet stated the County engaged Dr. Haimes to do a review
and provide an evaluation of the many studies that have been done relative to
the use of crumb rubber to get an idea of what concerns, if any, they should
have about the use of the product. Ms.
Guillet noted staff has also done some research and shared some of those things
they found with the Board. A copy of a
Memorandum from Nicole Guillet, County Manager, regarding the Update on Review
of Synthetic Turf was received and filed.
Ms. Guillet advised that generally, from her reading, it appears there
is no real scientific basis to be concerned that there is a health hazard
associated with this material. She noted
they also looked at the alternatives and did a cost and logistical comparison,
which is contained in the Memo. She
reiterated that staff is continuing to look at this issue and Dr. Haimes
is doing a literature review. She stated
based on her review, if Dr. Haimes comes back with his evaluation and it
is consistent with what they have read in the reports, it is her intention,
unless she gets an alternative direction from the Board, to tell their
contractor to continue with the construction of those fields and to go ahead
and continue using the product that was recommended by their designers, which is
the crumb rubber.
Commissioner Constantine stated he is not an expert but in
looking at this on the Internet, there are alternatives. He stated he knows the County Manager is
looking at that also. He questioned the
costs of those alternatives. Ms. Guillet
pointed out that staff did provide a cost comparison with respect to the
organic medium which is generally made of coconut husks and rice and other
organic things. The price differential
if the County switched to that medium would be a cost of $3.2 million. She described another medium that they looked
at, which is called EPDM. She stated it
doesn't appear to her, with a layman's interpretation, that EPDM brings any real
great benefit and the price differential is about $1.5 million.
Commissioner Constantine questioned whether the County Manager
is looking at the temperature difference.
Ms. Guillet stated they talked about that when they were first talking
about the design of the Sports Complex and "specing" out
materials. They did talk about the
organic versus the rubber product with respect to the heat conductivity. She stated her understanding is that there is
a differential and the organic does stay cooler; however, by the time that the
heat gets to the respiratory area, that differential has dissipated. It stays cooler on the feet and the legs but
most players wear special shoes and socks when they play on artificial
turf. She noted there is a difference;
but from a health impact standpoint and how it affects the respiratory system,
she does not believe there is a significant differential between the organic
and the rubber product.
Chairman Carey stated the Board will look forward to the final
report. She stressed that even after the
County Manager gets the report and makes the decision, she should ensure that
gets circulated to all of the Commissioners' offices.
ITEMS
FOR FUTURE AGENDA
Code
Enforcement Lien Reduction
Roger Trizzino, 230 Cherrywood Drive, addressed the Board to
request a reduction to his Code Enforcement lien. Mr. Trizzino stated that his house was in
foreclosure.
Chairman Carey explained that with regard to Code Enforcement
lien reductions, there is a process that someone would have to go through. She requested that someone from the Planning
Department get with Mr. Trizzino and assist him in order for him to know what
the process is.
Mr. Trizzino stated the house is in foreclosure and there is a
short sale lien on it. If he has to wait
until next year, it will be too late because they are putting it up for
sale. Chairman Carey explained that the
Board cannot just address this type of item at this point in the meeting; it
has to be agendized. She requested that
someone from the County Attorney’s Office also talk to Mr. Trizzino to help him
understand the process. She advised that
Mr. Trizzino is welcome to talk to the Board now but the Board would not be
able to take any action at this point in the meeting.
Mr. Trizzino stated everything is in the letter (copy received
and filed) that he wrote. He noted he
will either have to go bankrupt or try for the short sale.
Chairman Carey pointed out if he talks to staff today, they
might be able to get him into the system, fast track it, and maybe get it on
the December agenda.
Speaker Request Form was received and filed.
Bear
Resistant Trash Cans
Tom Scala, 155 East Faith Terrace, addressed the Board to state
he is in Commissioner Henley’s district, on the very southern end of the
county. He is glad to hear that some
people have given the bear proof trash cans a lot of thought and he believes it
is very important that they get everyone retrained. The humans and the bears all have to adapt to
the way that they are going to live together.
He discussed Sea World and how they have changed some of their
procedures regarding the treatment of animals.
He encouraged Seminole County to make a bold aggressive move and really
stand up for Florida's Natural Choice that they are lucky enough to live
in. If Seminole County could find the
money, he would be willing to talk about it and work on it and they could
possibly do something huge nationally.
Chairman Carey reiterated that at the December BCC meeting, they
will have the ordinance which is what 90% of the country uses to regulate this
situation and issue, especially out west where they have bears that eat
people. She believes the County Manager
has worked very hard with the experts to try and develop an ordinance that
takes the best of all of those ordinances and rolls them into one ordinance
that the County can adopt for the areas where they have the issue of bear and
human conflict going on.
Mr. Scala offered his assistance for workshops and to deliver
cans. Chairman Carey noted that the
largest area that has ever done mandated bear proof garbage cans is 2,000
homes, so it will take a while to do 25,000 cans.
Commissioner Constantine stated they all know it will take a
long time if they do this. He believes a
lot of people just want to start the process.
He stated he believes people know, as the FWC (Fish and Wildlife
Conservation Commission) has said, that if it is not 100% across the board, it
is not going to work. That is the
concern, not that people want a free can.
Chairman Carey stated that she believes the FWC recommendation
is just for the west side of I‑4 and a strip along the east. She stressed that is not the entire
county. Commissioner Constantine
clarified that he never said the entire county.
Chairman Carey stated it is an urban bear management area and that is
how it is defined in the ordinance. She
pointed out there are a lot of moving parts and issues that staff is trying to
work through before they develop a program to bring for consideration by the
Board.
-------
Nancy Kon, 215 Albrighton Court, addressed the Board to discuss
her concerns about the children in her neighborhood who walk to Wekiva
Elementary. Ms. Kon stated her neighbors
are bear aware, follow protocol and put out their trash in the morning; but the
trash haulers don't get to their neighborhood until between 10:00 and
1:00. She wondered how much longer it
will be until one of the children in her neighborhood or another Seminole
County neighborhood inadvertently comes between a bear and his breakfast in a
can. She thanked Commissioner
Constantine for being a leader and stated if he pauses and looks behind, he
will see thousands standing with him on this issue. She thanked the other Commissioners for the
work that they do. She asked the Board
to look at the number of people here pleading with them to adopt this common
sense proposal.
-------
Dan Kon, 215 Albrighton Court, addressed the Board to point out
this is a waste management issue and it makes sense that it comes out of the
waste management fund. He stated while
the inner parts of Seminole County's books are very nice, the outer parts of
Seminole County have become ugly with trash cans knocked down by bears, ravaged
by raccoons, and blown over in wind storms allowing garbage to be strewn on the
lawns, sidewalks and streets. He added
if there is a rainy day, garbage is going down into the sewer.
Mr. Kon stated these cans will prevent and greatly reduce the
wildlife-human conflict that they have now.
He believes this has to be implemented across the wide spot, not just
one or two; otherwise, they will still have the same issue. Mr. Kon discussed the cost of the cans and
stated $1 a month for 12 months for 12 years would give the County over $3.3
million. The cans, as stated, would
cost $2.3 million to $2.7 million. This
would give the County up to a million dollars for the haulers to offset their
cost. He stated with a proposal like
Commissioner Constantine has put on the table, Seminole County residents can
officially go back to their roots and say Seminole County is where people
coexist with their natural resources.
-------
Peri Sedigh, 2443 Grandview Avenue, addressed the Board to thank
the Commissioners for the wonderful job that they do. Ms. Sedigh stated she believes Seminole
County is a great place to live and that they are the leaders out there. She encouraged them to continue to be the
leaders. Ms. Sedigh noted that the
County's logo is Florida's Natural Choice and emphasized that they need to find
a way to coexist with the natural resources because they cannot exist without
them. With regard to the bear proof
trash cans, she remarked that it really comes down to money and budget. Even though bears are not aggressive, they
are big strong animals and potentially there is a problem. She stated she lives in an area that does not
have bear issues but she does not mind her taxes and other resources going to
this because she believes it is the responsibility of all who live in Seminole
County. When it comes to safety, money
should not be an issue. They have to
figure out how they can make it happen.
Ms. Sedigh discussed the size of the trash cans. She added it is not just bear proof garbage
cans but it is hurricane proof and neighborhood beautification where the cans
all look the same and are heavy and easy to manage. She stated this is something they should
consider as an investment, not an expense.
She requested that the Board consider an official appeal of the last
decision, especially since after the last hunt that occurred, there have been
more issues. She requested that Seminole
County together make an official statement that they are against future bear
hunts. It is not the solution. Ms. Sedigh discussed the educational element
and suggested they make a CD and go to all of the neighborhoods and educate
people on how to coexist. She stated she
is a former teacher with Seminole County and is willing to give her time
freely. She stated she is also an
environmental attorney and if the County needs help in drafting a statement
about being against future bear hunts, she is happy to donate her time
regarding that as well.
Commissioner Constantine advised that at the last meeting, the
Board did not take an official position.
He advised they built consensus to have staff go back and put together
an ordinance. He stated it wasn't as
strong as he wanted but it was an ordinance and they are moving forward. He commended his fellow Commissioners for
that and he continues to ask the County Manager, with the support of all of the
Commissioners, to continue to look at the numbers to see if they can do this
and continue to talk through it. It is a
process and government doesn't move fast.
Commissioner Constantine pointed out that even if they did agree to put
the cans out, it would take a while to get it all together with the
education. He applauded everyone for
their continued support.
Chairman Carey stated that two years ago when they had the first
incident occur, she came to the Board and requested that they support a
voluntary program and they couldn't even roll that out overnight. It took some time. They had to get the cans. They had to get the haulers to agree. They had to get FWC to give the County a
grant. She stressed it takes time to get
something into the hopper and advised they are working diligently on the
ordinance and the bear proof garbage can program to be presented to the
Board.
-------
Chuck O'Neal, 101 Stag Ridge Court, addressed the Board to state
he was with the Chairman at the meeting at Alaqua Country Club back when they
were arguing over septic tanks. Mr.
O'Neal pointed out the conversation has progressed and they are two years down
the road. He discussed several bear
attacks and the bear hunt and added that now the Secretary of the Department of
Environmental Protection is proposing that they have hunting in the state
parks, including Wekiwa Springs State Park.
He asked the Commission how bad will it have to get before they
institute and aggressively pursue bear proof trash cans in a mandatory manner
west of I‑4 in Seminole County. He
believes the situation has degenerated into a blood bath. He discussed being at the Rock Springs Run
check station during the bear hunt.
Mr. O’Neal stated he knows the Board is considering an ordinance,
which is a step in the correct direction, but they have had two years now. Time has passed and they still see
Commissioners reluctant to take action and take a lead in this matter. He stated they expect the Commissioners to be
leaders for this county and requested that the Commissioners take a leadership
position on this matter, move forward with the purchase of bear proof trash
cans, and make them mandatory west of I‑4. There is a funding source and they should use
it. He reiterated they should move
forward and be leaders for Seminole County.
-------
Cynthia Payne, 330 Wekiva Cove Road, addressed the Board to
state she moved to Wekiva Springs about three months ago and noted it is a
beautiful neighborhood. Ms. Payne stated
she found out about the bear hunt and about the bear proof garbage can
initiative and then explained how she went to her daughter's school and got
signatures and spoke to parents with small children who live in Wekiva, who
live with these bears, who deal with garbage strewn everywhere, who deal with
fences being broken, who see these bears in their yards, and who have small
children to protect. She advised that
they all overwhelmingly said they were against the hunt and all were happily
agreeable to sign the petition for bear proof garbage cans. Ms. Payne described the Code Brown Black that
occurs at her daughter's school when bears are sighted near the property. She then described her first sighting of a
beautiful 400‑pound bear walking through her yard. She stated she is happy to be here today and
be a voice for that bear and for the cubs that are by themselves who may or may
not know how to forage in the forest.
She stressed that the Board represents the people and stated she is "we
the people" and the people who are here today are "we the
people." The Board speaks for them
and the decisions the Board make affects them.
She stated they all vote and all count on the Board and implored them to
do the right thing. Ms. Payne addressed
Commissioner Horan and stated she is grateful that he was able to get a bear
proof garbage can but she can't afford a bear proof garbage can. She stated not everybody can and it is not
all millionaire homes.
Commissioner Horan advised that if the County implements a
program regarding bear proof cans, they won't be giving them away. If they institute a program of bear proof
cans, they have to be paid for by the people who are using them, either through
a program or through taxpayer funding.
He stressed they don't do anything in government that isn't paid for by
the people, by the rate payers, by fee payers.
There is nothing that is free.
Commissioner Horan then explained why he purchased a bear proof can. Discussion ensued with regard to purchasing
bear proof garbage cans.
-------
Rebecca Heintz, 148 Lake Otis Road, addressed the Board to state
she and her husband drove an hour and forty minutes to be here because this
Board is in both an envious and tenuous position. The state and nation are watching and the
Board has an opportunity to make a difference in how people perceive
officials. Ms. Heintz stated she is
concerned about how the information that has been gathered is being
disseminated and requested if there are polls or research that have been done,
that there be full disclosure about what that revealed in terms of what the
people want, who can and cannot afford it, and what it would cost to
implement. She noted she is sure that
has been done but they are not seeing that information in Polk County. Ms.
Heintz wondered if, because of the cost, it would be possible to do a pilot
program at the beginning, since they know they can't roll it out all at
once. Then they would have some
empirical data to look at to say whether the numbers went down, whether the
bears move into the adjacent neighborhoods; there would be something that could
be put out for the people to see. She
stated based on what the Commissioners have said, she knows they have given
careful and thoughtful consideration to the myriad of issues around these cans
and she is grateful that the Board gave the people a chance to speak their
minds.
Chairman Carey stated the County has not done any polling or
anything like that. She pointed out that
they have gotten information from a workshop that they had with Florida Fish
and Wildlife Commission and their recommendation was if the County is going to
do a bear proof garbage can program that it be completely on the west side of I‑4
because that is the area where there is the most bear population. Any bear that has been habituated will just
move to the next neighborhood. FWC
already knows that and told the Board that, which is why FWC thinks they need
to secure and use I‑4 as a barrier and have 100% on the west side and do
a strip on the east side. She reiterated
the County has not done any polling.
Chairman Carey explained how the citizens already pay $422 a
year for garbage pickup; and if that number needs to go up to accommodate the
section that will have the bear proof garbage cans, if the Board decides to
moved forward with that plan, it will hopefully just come forward on the tax
bill just like everybody else’s garbage fee.
She then explained how the bear proof garbage cans are time consuming to
pick up. She added there are some safety
issues that they have asked the manufacturers to look at like installing a
release valve on the inside. Chairman
Carey pointed out that there are a lot of details that the public may not know
about. She added it is the
responsibility of the Commission to look at every aspect of this program, not
just “get the cans out there” and then have some three‑year‑old
stuffed in a garbage can that can't get out and dies. There are a lot of things the Board is trying
to comprehend before they adopt the program.
Chairman Carey reiterated that the ordinance will be on the
December agenda and she thinks that is a quick first step. She hopes in the first quarter of next year
they will have the program details ready to roll out and bring to the Board for
a vote. Commissioner Constantine suggested
to Ms. Heintz that she check with the FWC because they have a year‑long
study regarding 100% in a particular neighborhood in Volusia County, which
gives all of the information. He noted
it was a 95% reduction in bear-human contact.
Chairman Carey pointed out it was for 60 homes. Commissioner Constantine explained that the
study indicated that the bears moved to the next neighborhood and that is why
you have to have 100%.
-------
Madeline du Mei, 516 Tall Oaks Terrace, addressed the Board to
state she lives in Commissioner Henley's district. Ms. du Mei stated Seminole County is in the
national spotlight for this bear hunt massacre that they had. She advised that as a community spearheaded
spokesman for her community, her community pleaded with her not to come to the
meeting today because they feel as though government, the FWC and Governor
Scott, acted impervious to what the public outcry was to not have the bear
hunt. She discussed her homeowners
association's mandate that trash cans stay in the garage and how a quarter of
the people that live in the neighborhood don't put their trash cans in the
garage.
Ms. du Mei next discussed her conversations with Commissioner
Henley and the FWC regarding whether or not it is illegal to leave trash cans out
and the penalties involved. To her, the
easy solution is the bear proof cans.
She stated what she does not want to happen is that it is a socio‑economic
issue where the big houses are getting the bear proof cans and the ghetto is
not. They all need bear proof cans. She suggested that if they have a quiet year
going forward maybe they won't have bear massacres next year.
Ms. du Mei stated it is her understanding that when the FWC and
Governor Scott did sanction the bear hunt, the fees for the licenses were
supposed to go toward funding bear proof cans and asked if her understanding
was correct. Commissioner Constantine
advised they stated they would try to do that.
Chairman Carey stated they have a State Representative, Representative
Plakon, who has asked for $300,000 of that money to be used for the support of
securing garbage and there are a lot of different things along with that. She noted that she had not seen his Bill.
Commissioner Horan noted that the total permit fees were under
$400,000. He emphasized that if they
applied all of the permit fees that were collected to the problem, it would be
$400,000. He pointed out that when you
are talking about 25,000 bear proof cans, you are talking about $3 million to
$4 million; and that is just in Seminole County.
Ms. du Mei stated she is one of those far right conservatives
and doesn't want to increase her taxes in any way but she does not believe they
would find any resistance from anybody in voting for a tax increase for bear
proof cans. The fact that the government
did act impervious to the public consensus that they did not want a bear hunt
would show that the homeowners would vote for the bear proof cans. Having the cost of the cans financed and funneled
through a tax stream is a whole lot more comprehensive than having someone
write a check right now for $185 and whatever the maintenance is. She stated that is just the reality of the
middle class. She thanked Commissioner
Constantine for spearheading this and requested they go forward with the bear
proof cans.
-------
Belle Swaim, 304 Cherokee Court, addressed the Board to state
she is a lifelong resident of Seminole County and from Sanford, Florida. Ms. Swaim stated that everywhere you look
today, the topic of bears comes up. In
light of the bear hunt, there has to be some better ways to live with the
wildlife. The bears' areas are becoming
more and more restricted. She advised
that she is really here because she is standing behind her commissioner, Lee
Constantine, and the hard work and reasonable plan he has come up with for the
bear resistant trash cans. She would
really like to see them become more than just a consideration.
-------
Susan Paul, 1982 St. Andrews Place, addressed the Board to state
she lives in the bull’s-eye and right in the middle of all of this. Ms. Paul discussed going to Wekiva Island to
get signatures for the petition and described the conversations she had with
hunters, people from other countries, people that live in the area, and
tourists. She thinks this should move
forward with 100% participation and that means taking care of people who
"won't" and taking care of the people that "can't" and
taking care of people who have no garage.
She wants to do this through a program rather than making an unenforceable
ordinance that people have to have a bear proof trash can because the “won'ts”
and the “can'ts” and people with problems are still out there.
-------
Shilene Stuckey, 1892 Iroquois Drive, addressed the Board to
state she came today because she heard on the news that Chairman Carey and
Commissioner Dallari had joined Commissioner Constantine in supporting the bear
proof garbage cans. She stated he also
had thought that the last time the Board met they voted not to get the
cans. She thanked the Board for
supporting the idea of having the bear proof cans and for working to try and
get this done. She congratulated
Commissioner Horan for getting a bear proof can and stated she was really
impressed. She stated they are leaders
and do need to demonstrate to their constituents that they are open to change
and are adaptable and willing to take that brave step forward. Upon inquiry by Ms. Stuckey, Chairman Carey
advised that the ordinance will be at a public hearing on December 8 in the
afternoon starting at 1:30, where they will take testimony.
Ms. Stuckey questioned whether the bear proof cans will be a
part of the ordinance; Chairman Carey informed her that the bear cans are not a
part, that it is an ordinance that says you have to secure your garbage. She stated it will be the first quarter of
next year when they actually have the details of a program rolled out to bring
for consideration to the Board regarding the cans. Ms. Stuckey offered her help if there is
anything she can do in expediting the garbage cans. With regard to the bears moving to the next
neighborhood, she suggested that the bears might not be so likely to do that if
we were not taking all of the food out of the natural habitat. By harvesting the palmetto berries and
cutting down the acorn‑bearing oak trees, the bears are being robbed of
their food. Maybe if they can put a stop
to those things, the bears won't move to the next neighborhood but will stay in
their own homes.
-------
Zachariah Newton, 3612 South Goldenrod Road, addressed the Board
to state he is 11 years old and able to understand how important bear proof
trash cans are. Mr. Newton stated he
thought it may be helpful to explain how he, as a child, understands it. He discussed what his middle school science
curriculum has taught him about habitat and overlapping habitat. He described what he has learned about the
Florida black bears' natural habitat through his Junior Naturalist program that
he is a part of through the Orange County Department of Environmental Protection.
Mr. Newton advised that the Florida Fish and Wildlife Commission
study in Volusia County provided excellent results in their test of the bear
proof trash cans. There was a reduction
of 65% in the number of residents reporting Florida bears in their garbage and
a 67% reduction in bear incidents over the course of one year. This study shows that the bear proof trash
cans are going to work. He pointed out
that this matters because keeping the Florida bears and human habitats separate
is the most important part of keeping everyone safe. He understands there is cost involved but
believes it is well worth it to provide these trash cans to the residents of
Seminole County, both the humans and the Florida black bears. The cost of not doing so is much greater.
-------
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 Carey recessed the meeting at 4:00 p.m., reconvening at
4:06 p.m.
REORGANIZATION
OF THE BOARD
Agenda Item
#40 – A-1493-15
Chairman
Carey thanked her colleagues for the confidence they entrusted in her to serve
in the role of Chairman or Vice Chairman for eight out of her eleven years on
the Board of County Commissioners. She
thanked the County Manager, County Attorney, and Staff for the high level of
professionalism provided to the citizens.
She also thanked her assistant, Sam Tucker.
Chairman
Carey stated that many call the reorganization process the “passing of the
gavel.” She stated since this year was
the year that art created from the tragic loss of their beloved tree, “The
Senator,” was presented to the public through an exhibit at the County museum
and also through an auction, she thought it would be appropriate to have a
gavel made from “The Senator” to be passed today and hopefully for generations
to come. Chairman Carey advised that
because of the talents of Bob Hughes, she has the gavel here today and then
read a letter (copy received and filed) from Mr. Hughes regarding the story
behind “The Senator” tree gavel into the record. She explained that the head of the gavel came
from a limb above a height of 100 feet and the handle came from a piece of wood
nearer to the base of the tree. She
noted that Mr. Hughes concluded his letter by saying, “While our lives are only
a blink of an eye compared to the life of a historical tree, may your proceedings
be guided in the future by wisdom and God’s blessing.”
-------
The
gavel was surrendered to the County Attorney, Bryant Applegate, to act as
temporary Chairman to the BCC. Mr.
Applegate opened the floor to nominations for the Chairman of the BCC.
Commissioner
Henley nominated Commissioner Horan for Chairman of the BCC.
Motion by Chairman Carey, seconded by
Commissioner Dallari, to close the nominations for Chairman of the BCC.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
Applegate advised that protocol would dictate that since there are no other
nominations, Commissioner John Horan is now Chairman of the Board of County
Commissioners for 2015/2016.
Mr.
Applegate passed the gavel to Commissioner Horan who assumed the position of
Chairman.
Chairman
Horan opened the floor to nominations for Vice Chairman of the BCC and
nominated Commissioner Carey for Vice Chairman of the BCC.
Motion by Commissioner Dallari,
seconded by Commissioner Henley, to close the nominations for Vice Chairman of
the BCC.
Districts
1, 2, 3, 4 and 5 voted AYE.
Since
there are no other nominations, Commissioner Carey is now Vice Chairman of the
Board of County Commissioners for 2015/2016.
-------
Chairman
Horan stated he is deeply honored to be selected and expressed his appreciation
to his colleagues on the Board and the leaders of staff.
-------
Motion by Commissioner Horan, seconded
by Commissioner Dallari, to authorize Commissioner Carey to sign documents
until the Clerk obtains a new signature plate.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
There being no further business to come before the Board, the
Chairman declared the meeting adjourned at 4:19 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
tp/js