BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
DECEMBER 8, 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, December
8, 2015, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
John Horan (District 2)
Vice
Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of
Circuit Court and Comptroller Maryanne Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Cantor Kim Singer, Temple Shir Shalom,
Oviedo, gave the Invocation. Commissioner
Carey led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Atria at Lake Forest was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – A-1505-15
Pamela Nabors, President and CEO of
CareerSource Central Florida, addressed the Board to discuss how CareerSource
Central Florida is impacting the businesses and residents of Seminole
County. Ms. Nabors began her PowerPoint
presentation and discussed the Who Are We slide, the CareerSource Central
Florida Pillars slide, the CareerSource Central Florida Values slide, and the
Brand Promise. She stated that in the
last few years, CareerSource has gone through a lot of realignment and
discussed their Committee Structures.
Ms. Nabors reviewed the 2014/2015
Highlights and then displayed the Distribution and Expenses charts and
discussed the average revenue and average expense for Seminole County. She discussed the Businesses Served and Total
Placements. With regard to Performance
in Seminole County, Ms. Nabors discussed Value to Businesses and Talent
Development for Fiscal Years 2014/2015 and 2015/2016. She displayed and discussed Seminole Career
Service Model, Helping the Business Community in Seminole Succeed, and
Increasing Presence in Seminole County.
Ms. Nabors next discussed Community Partnerships, Economic Development
Partners, Seminole Education Partners, Chamber Partners, Education/Community
Partnerships in Seminole County, and Talent Pipeline Development
Projects/Partnerships. She described the
two youth providers serving Seminole County.
She noted that Raju Daswani is the Career Services Manager in Seminole
County and David Lewis and Dana Care are Business Consultants.
Ms. Nabors concluded her presentation
by stating they are excited this year to be implementing the Workforce
Innovation and Opportunity Act and explained that the Act better aligns the
workforce system with the needs of the business community. They will be listening to what the business
community in Seminole County needs to ensure that they can develop the talent
needed.
With regard to public
participation, no one in the audience spoke in support or in opposition and
public input was closed.
Motion by Commission Carey, seconded by
Commissioner Constantine, to approve and authorize the Chairman to execute the Central
Florida Area Workforce Development Consortium Interlocal Agreement with Lake
County, Orange County, Osceola County, Sumter County, and Central Florida
Regional Workforce Development Board, Inc. d/b/a CareerSource Central Florida
establishing the Central Florida Area Workforce Development Consortium.
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Chairman Horan recessed the meeting of the
Board of County Commissioners at 9:48 a.m., and convened as the U.S. Highway
17-92 Community Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #2 – A-1510-15
Sonia Fonseca, CRA Program Manager,
addressed the Board to present a request from the City of Sanford to extend the
U.S. 17‑92 Community Redevelopment Grant deadline for Paw Park
improvements from December 22, 2015 to December 31, 2016. Ms. Fonseca explained that when the CRA originally
approved the grant to the City of Sanford in the amount of $70,000 to do
improvements, the design documents were not yet ready. Now there are design documents and the costs
have far exceeded the original projections. The additional time is to allow the
City of Sanford to collect revenues they can invest into the park
improvements. Ms. Fonseca stated the Redevelopment
Planning Agency (RPA) recommended approval of this item and staff is also
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 Commissioner Carey, seconded by Commissioner Dallari, to approve the First
Amendment to the Paw Park Improvement Project Agreement between the U.S. 17-92
CRA and the City of Sanford extending the U.S. 17‑92 Community
Redevelopment Grant deadline for Paw Park improvements from December 22, 2015
to December 31, 2016.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Agenda Item #3 – A-1481-15
Ms. Fonseca presented a request to approve a U.S. 17-92 CRA Redevelopment and Construction Grant to RB
Seminole, LLC, to redevelop the property located at 3653 and 3715 South Orlando
Drive in the amount of $246,250 contingent on a 20-year extension of the
Transit Station License Agreement with LYNX for the super stop located on the
property at no additional cost to the CRA or LYNX. She advised that both staff and the RPA
are recommending approval of this item.
Mike Jones, representing RB Seminole, LLC, addressed the Board
to state he, along with Pat Murphy and a representative from LYNX, were
available to answer any questions.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve the U.S. 17-92 CRA Redevelopment and Construction Grant to RB
Seminole, LLC, to redevelop the property located at 3653 and 3715 South Orlando
Drive in the amount of $246,250 contingent on a 20-year extension of the
Transit Station License Agreement with LYNX for the super stop located on the
property at no additional cost to the CRA or LYNX; and adopt appropriate Resolution
#2015-R-190 implementing the associated Budget Amendment Request (BAR) #16‑011
appropriating funding from the U.S. 17‑92 CRA Trust Fund, Contingency
Reserve for Catalyst Projects.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Agenda Item #4 – A-1329-15
Ms. Fonseca presented a request to consider approval of a CRA Interlocal Agreement with the City of Sanford
for construction of the U.S. 17‑92 Beautification Project from Park Drive
to First Street within the City of Sanford in the requested amount of
$1,981,641.82.
Jeff Davis, Project Manager for City of
Sanford Public Works Department, addressed the Board to advise that he and
Jeremy Owens, who is the designer of the project with CPH, are available to
answer any questions.
With regard to public participation, no one
in the audience spoke in support or in opposition and public input was closed.
Commissioner Dallari confirmed with Jean
Jreij, Director of Public Works, that the proper coordination between the
County’s staff and this project regarding fiber in that area will be happening. He added he would hate for the County to put
in all of this work and then a year or so later, take it out because they need
to put a fiber line in.
Commissioner Carey pointed out that they
have been talking about this project for a while and the funds have been set aside
for it. She stated that some of the
additional costs that they are incurring on this project are as a result of
requests from both the County and from FDOT.
She is glad they are finally bringing this project forward.
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to approve an Interlocal Agreement between the U.S. 17‑92 CRA
and the City of Sanford for funding to construct the U.S. 17‑92
Beautification Project from Park Drive to First Street, within the City of
Sanford, in the amount of $1,981,641.82; and adopt appropriate Resolution
#2015-R-191 implementing Budget Amendment Request (BAR) #16‑004
appropriating funding from the U.S. 17‑92 CRA Trust Fund, Reserve for
Capital Improvement.
Districts
1, 2, 3, 4 and 5 voted AYE.
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Chairman
Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment
Agency at 9:59 a.m., and reconvened as the Board of County Commissioners.
COUNTY
MANAGER’S CONSENT AGENDA
With
regard to public participation, no one in the audience spoke in support or in
opposition to the Consent Agenda and public input was closed.
Nicole
Guillet, County Manager, stated that staff is pulling from the agenda Item #25, Purchase Agreement with John
Noonan, Bishop of the Diocese of Orlando.
Commissioner
Constantine requested that Item #11, SHIP Program Subrecipient Agreement, and
Item #27, Drainage Easement from Nallan and Sitadevi Chari, be pulled for a separate discussion. Commissioner Dallari requested that Item #38,
IFB-602388-15 Term Contract for Street Sweeping Services, be pulled for a separate discussion.
Motion by Commissioner Carey,
seconded by Commissioner Dallari, to authorize and approve the following:
County Manager’s Office
Business Office
5. Adopt
and authorize the Chairman to execute appropriate Resolution #2015-R-192,
Management and Employment of Commission Office Executive Assistants, amending
the Seminole County Administrative Code, Section 1.5(A)(1) (Organization - Commission
Office) and Section 2.5(B) (Powers, Duties and Responsibilities of County
Government - County Commissioner). (A-1572-15)
Economic Development Division
6. Approve
and authorize the Chairman to execute the Seminole County/Economic Development
Commission of Mid‑Florida, Incorporated, Fiscal Year 2015/16 Master
Services Agreement for the purpose of providing economic development services
in Seminole County. (A-1528-15)
Community
Services
Business
Office
7. Approve
and authorize staff to submit the Consolidated Annual Performance Evaluation
Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD)
consistent with regulatory reporting requirements, and subject to
administrative adjustments per HUD directives, to meet the December 31, 2015
deadline. (A-1526-15)
8. Approve
and authorize the Chairman to execute the Satisfactions of Mortgage for the
following clients who were assisted under the County's SHIP Home Ownership
Assistance Program and the Rehabilitation Reconstruction Assistance Program: Darius D. Jackson, German Palacios and
Jessica Palacios, James Pritchett and Pamela Pritchett, Martine Nelson, and
Derek R. Sinns. (A-1519-15)
9. Approve and authorize the Chairman to execute appropriate
Resolution #2015-R-212 amending Seminole County Administrative Code Section
3.554(4), granting the Community Services Director signature authority to
execute Agreements, Loan Documents, Restrictive Covenants, Satisfactions,
Amendments or Modifications thereto and other related documents pertaining to
the State Housing Initiatives Partnership (SHIP) Program in an amount not
exceeding $100,000 per transaction; providing for effective date. (A-1530-15)
Community Assistance Division
10. Approve
and authorize the Chairman to execute the U.S. Department of Housing and Urban
Development Amended Grant Agreement to create a supportive services budget in
the amount of $12,700. (A-1520-15)
Community
Development Division
11. Pulled
for Separate Discussion by Commissioner Constantine.
12. Approve and authorize staff to submit the
recommendations of the Affordable Housing Advisory Committee (AHAC) for
adoption by March 31, 2016 as County policy to lower the cost and/or enhance
the development of affordable housing for lower income households. (A-1523-15)
13. Approve and accept the Neighborhood
Stabilization Program (NSP) monthly snapshot/report and properties acquired by
Seminole County Government. (A-1534-15)
Development
Services
Planning
& Development Division
14. Approve the plat
for the Tierra Verde Preserve subdivision containing three single family lots
on 6.67 acres zoned A‑1 (Agriculture), located on the south side of
Michigan Street, east of Markham Woods Road; Jochen Schmausser, Applicant. (A-1476-15)
15. Adopt
appropriate Resolution #2015-R-194 vacating and abandoning the plat of
Rockefeller Group Corporate Center, as recorded in the Public Records of
Seminole County, Florida in Plat Book 75, Pages 61 through 67; Madden, Moorehead
& Glunt, Applicant. (A-1514-15)
16. Adopt appropriate Resolution #2015-R-195
vacating and abandoning 11 square feet of a Drainage Easement on Lot 4,
Brynwood, as recorded in the Public Records of Seminole County, Florida in Plat
Book 38, Page 85, more particularly known as 213 Brynwood Lane; Nancy Tron,
Applicant. (A-1513-15)
17. Approve staff appointments to the MetroPlan
Orlando Technical Advisory Committee and authorize the Chairman to forward the
appointments to MetroPlan Orlando. The
recommended staff members for the primary positions are Brett W. Blackadar,
Shad Smith and Bill Wharton. The
recommended staff members for the alternate positions are Jean Jreij, Teresa
Cruz, and Matt Davidson. (A-1543-15)
Environmental
Services
Business
Office
18. Approve the
Release of the original Maintenance Bonds for Water & Sewer Facilities and
Cash Maintenance Bonds with Escrow Agreements as follows: Becknell Industrial Facility, $2,126;
Ellingsworth, $21,182.30, #59BSBGP7864; Enclave at Aloma Ph 2, $11,190.60,
#1027802; Enclave at Bear Lake, $32,179.10, #1024417; Garden Park Apartments,
$964.35; Kandor Dental Spa (Aloma Square), $1,297.82; and Pearl Lake Estates,
$56,855.27, #0178087. (A-1482-15)
19. Adopt appropriate Resolution #2015-R-196
amending Subsection 3.15.A(1)(d) of the Seminole County Administrative Code to
designate the following positions in Environmental Services as code enforcement
officers: Customer Service
Representative, Office Supervisor, Program Coordinator, Environmental Program
Coordinator, Distribution Technician, Meter Services Supervisor, Inspector,
Water Conservation Coordinator, Cross Connection Control Inspector, and Industrial
Pretreatment Inspector. (A-1565-15)
Leisure
Services
Greenways
& Natural Lands Division
20. Approve and
authorize Chairman to execute Easement Agreements with the St. Johns River
Water Management District (SJRWMD) as part of their Central Florida Water
Initiative at Sylvan Lake Park and the Lake Proctor Wilderness Area. (A-1459-15)
Tourism Development Division
21. Approve and authorize the Chairman to execute
an Tourist Tax Funding Agreement with Elite Clubs National League in the amount
of $10,252.75; and approve the expenditure of $24,954 from the Tourism General
Fund business unit for the 2015 ECNL Winter National Girls Soccer Event to be
held December 28 through 30, 2015. (A-1485-15)
Public Safety
Business Office
22. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-197 renaming State Road 415 to East Lake Mary
Boulevard. (A-1541-15)
Public
Works
Engineering
Division
23. Adopt
appropriate Resolution #2015-R-198 to accept a Sidewalk Easement between Thomas
Cornwall Properties, LLC, and Seminole County for property necessary for the
construction and maintenance of a sidewalk along a portion of County Road 46A
as part of the County Road 46A Sidewalk Project. (A-1496-15)
24. Adopt
appropriate Resolution #2015-R-199 and authorize the Chairman to execute a
Local Agency Program Supplemental Agreement with the Florida Department of
Transportation relating to the reimbursement funding in the amount of $219,677
for the Construction and CEI Services for the sidewalks along both sides of
Snow Hill Road from County Road 419 to Jacobs Trail in the vicinity of Walker
Elementary School (FDOT FPN: 429598‑1‑58‑01); and authorize
the Chairman to execute appropriate Resolution #2015-R-200 implementing Budget
Amendment Request (BAR) #15‑122 through the 2001 Infrastructure Sales Tax
and Public Works Grants Funds in the net amount of $18,318. (A-1398-15)
25. Pulled
from Agenda the request to approve and authorize the Chairman to execute a
Purchase Agreement between John G. Noonan, as Bishop of the Diocese of Orlando
and Seminole County in the amount of $11,000 for property necessary for the
construction and maintenance of a sidewalk along a portion of Dike Road. (A-1494-15)
26. Adopt
appropriate Resolution #2015-R-201 and authorize the Chairman to accept a
Warranty Deed from William Thomas Small, a single person, and Brenda Nogle
Small, a single person, for property needed for the construction of a sidewalk
adjacent to a portion of West Lake Brantley Road and Citrus Road (A-1439-15)
27. Pulled
for a Separate Discussion by Commissioner Constantine.
Resource
Management
Business
Office
28. Approve the
County’s Workers’ Compensation, Property, Casualty Package, Boiler and
Machinery, Cyber and Internet Liability, Storage Tank Pollution Liability
Insurance, and Federal Flood Insurance Programs for calendar year 2016 and
authorize staff to bind coverages effective January 1, 2016. (A-1548-15)
29. Approve and authorize the Chairman to execute
the Third Amendment to the Subrecipient Funding Agreement with Aspire Health
Partners to increase funding by $255,032 to provide additional services and increase
the number of participants to residents of Seminole County through the Florida
Department of Children and Families ‑ Criminal Justice, Mental Health and
Substance Abuse Reinvestment Grant Program.
(A-1509-15)
30. Approve and authorize the Chairman to execute
a Subrecipient Agreement in the amount $324,966 with the 18th Judicial Circuit
Court which defines the responsibilities related to the FY 2015/16 Adult Drug
Treatment Court Expansion & Enhancement grant awarded to Seminole County by
the Department of Health and Human Services, Substance Abuse and Mental Health
Services Administration (SAMHSA). (A-1427-15)
31. Approve and authorize the County Manager to
execute Service Provider Agreements totaling $246,350 for required support of
the FY 2015/16 Adult Drug Treatment Court Expansion & Enhancement grant
awarded to Seminole County by the Department of Health and Human Services,
Substance Abuse and Mental Health Services Administration (SAMHSA) with the
following: Aspire Health Partners, Inc.;
Hope and Help Center of Central Florida, Inc.; New Life Connections, Inc.; and
United Safety Council, Inc. (A-1428-15)
Budget
and Fiscal Management Division
32. Approve and
authorize the Chairman to execute appropriate Resolution #2015-R-203
implementing the Budget Amendment Request (BAR) #16‑012 through the
Emergency 911 Fund to appropriate budget of $156,307 from reserves for the
procurement of redundant logging equipment for 911 system. (A-1537-15)
33. Approve and
authorize the Chairman to execute appropriate Resolution #2015-R-204 implementing
Budget Amendment Request (BAR) #16‑015 through the General Fund to
allocate $1,350,036 for the Sports Complex Land Sale Contract with Kirchhoff
Trust/Airport Industrial Partners, LLC. The revenue has been received and
recorded within the General Fund in FY 2014/2015. (A-1556-15)
Purchasing
& Contracts Division
34. Award RFP‑602368‑15/BJC,
Term Contract for Auditing Services for Seminole County, to Moore Stephens
Lovelace, P.A., Orlando; and authorize the Purchasing and Contracts Division to
execute the Agreement. The annual usage
for this contract is $240,000 per year for Years 1, 2 and 3 and $246,000 per
year for Years 4 and 5 (A-1508-15)
35. Approve the
ranking list; authorize staff to negotiate rates in accordance with F.S.
287.055, the Consultants Competitive Negotiations Act (CCNA); and authorize the
Purchasing & Contracts Division to execute two (2) Master Services
Agreements (MSA's) for PS‑0121‑15/RTB, Subdivision Rehabilitation
Program; Estimated Annual Usage $900,000.
(A-1457-15)
36. Approve the
Assignment of RFP‑602014‑14/GMG, Contractor Services Agreement for
Processing and Marketing of Recyclable Materials, from Sun Recycling, LLC,
Davie, to Waste Management Inc. of Florida, Pompano Beach; and authorize the
Purchasing and Contracts Division to execute the documents. (A-1426-15)
37. Approve Work
Order #2, Landfill Leachate System Telemetry under RFP‑9601‑14/AMM,
SCADA Asset Renewal, Rehabilitation, and Replacement Services with Revere
Control Systems, Inc. of Birmingham, AL, in the amount of $389,481; and
authorize the Purchasing & Contracts Division to execute Work Order
#2. (A-1538-15)
38. Pulled
for a Separate Discussion by Commissioner Dallari.
39. Approve
Amendment #4 to SS‑601200‑11/BJC, P‑25 Upgrade Services
Agreement with Motorola Solutions, Inc., Schaumburg, Illinois, in the amount of
$156,037; and authorize the Purchasing and Contracts Division to execute the
documents. (A-1560-15)
40. Award CC‑0493‑15/RTB, Construction
Services Agreement for Forest City Elementary Sidewalk Project in the amount of
$185,996.75, to MCG Services, LLC of Orlando, FL; and authorize the Purchasing
and Contracts Division to execute the Agreement. (A-1542-15)
Agenda
Item #11 - (A-1524-15)
Regarding Item #11, SHIP Program
Subrecipient Agreement, Commissioner Constantine advised that he has no
objection to this item but he will need to file a Memorandum of Voting Conflict
and will not be voting on the item.
Motion by Commissioner
Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman
to execute the SHIP Program Subrecipient Agreement for the Development of Very
Low Income Rental Housing between Seminole County and Merritt Street Housing,
LP, providing $50,000 of County funding and two Mortgage Subordination
Agreements, one in favor of JP Morgan Chase and one in favor of First Housing
Development Corporation in regards to The Pointe at Merritt Street tax credit
project.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Constantine abstained from voting and filed a
Memorandum of Voting Conflict Form.
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Agenda
Item #27 - (A-1423-15)
With regard to Item #27, a Drainage Easement from Nallan and
Sitadevi Chari, Commissioner Constantine reminded the Board that the problem
that Dr. Chari has had off of North Street has been a consistent one to both
his office and Commissioner Henley’s office for quite a while. He stated that in working with staff, they
were able to alleviate the concern and problem, and this easement is hopefully
part of the alleviation. He
congratulated staff for their work in helping to find a solution to this
problem.
Motion by Commission
Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution
#2015-R-202 and authorize the Chairman to accept a Drainage Easement from
Nallan Chari and Sitadevi Chari for property located at 1911 North Street for
the purpose of providing functional maintenance of the Easement Area.
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Agenda
Item #38 – A-1555-15
With regard to Item #38, Term Contract of Streets and Roadways
Sweeping Services, Commissioner Dallari stated that in reading the packet, he
noted that GPS for street sweeping will be required but he did not see anything
that actually said the data must be able to be used by County staff for
tracking of the devices in a format that the County can accept.
Ray Hooper, Purchasing & Contracts Manager, addressed the
Board to state the scope of services requires GPS tracking; and he believes the
software for that is available online.
Commissioner Dallari stated that his issue is if staff can’t use
the software, then it is useless to the County.
He stated he wants to ensure in the motion that when the Board approves
the contract, it is stated that staff not only has access but also has the
ability to use the software. He pointed
out that is not currently stated in the agreement.
Mr. Hooper noted that the staff can view the contractor’s
performance as far as what work they have done on the streets via web
access. He believes the County sets a
schedule, tells the contractor the schedule, they do the work, and the County
monitors via the website on the GPS.
Ms. Guillet stated the purpose of having access to the GPS
records is to monitor the performance of the contract. She stated they can make sure that the
contract reflects that the County will have access to the data to a degree
adequate to monitor performance.
Jean Jreij, Public Works Director, stated they will have access
to the system and can log on while they are doing the work. They will be able to download some of the
data, if needed. Commissioner Dallari
pointed out if they can’t download the data and can only view it on the
website, it is really useless. Upon
inquiry by Chairman Horan, Mr. Jreij stated they should be able to download the
data.
Motion by Commissioner
Dallari, seconded by Commissioner Carey, to award IFB‑602388‑15/GCM,
Term Contract for Streets and Roadways Sweeping Services, to USA Services of
Florida, Inc., Longwood, with an estimated annual usage of $125,000 with the caveat that the data must be
downloadable for County staff to use; and authorize the Purchasing and
Contracts Division to execute the agreement.
Under discussion, Commissioner Carey stated that once the work
has been done through the GPS process, there is no reason to keep that
information. Mr. Jreij stated they are
not going to download data every time they do the work; but if they need to
download data, they will be able to do it.
They will not just download data and file it. Ms. Guillet stated the data will be beneficial
in monitoring performance; and also, if they are able to download and keep a
record, it will allow the County to analyze the cost per mile for the
service. Discussion ensued regarding the
purposes for downloading the data.
Commissioner Dallari pointed out that another purpose for using the
downloaded data is for stormwater credits.
Chairman Horan questioned if they needed to download the data for
stormwater credits, would they be able to do it. Mr. Jreij responded that they would be able
to do it.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari requested that staff continue to look into
stormwater credits to see if the area needs to be enlarged or the frequency
needs to be increased so they can look at more stormwater credits in the future. Ms. Guillet confirmed with Commissioner Carey
that street sweeping is a part of the TMDL program.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Clerk’s Office
Motion by
Commissioner Dallari, seconded by Commissioner Carey, to approve the following:
41. Approve
Expenditure Approval Lists dated October 26, November 2, 9, and 16, 2015;
Payroll Approval Lists dated October 22 and November 5, 2015; and the BCC
Official Minutes dated October 27, 2015. (A-1549-15)
Districts 1, 2,
3, 4 and 5 voted AYE.
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The Board noted, for information only, the following Clerk’s
“Received and Filed”:
1.
Parks Contracts for Services for the
following: Michael Schefke, Stuart
Hicks, Debra Morris, and Fernando Huaroto.
2.
Bill of Sale accepting potable and
reclaimed water and sewer systems within the project known as Hidden Creek
Reserve Phase 2 (Robert Wendorf).
3.
Pet Rescue Cooperative Service
Agreement for Royal Animal Rescue, Inc.
4.
Pet Rescue Cooperative Service
Agreement for Central Florida Samoyed Rescue, Inc.
5.
Pet Rescue Cooperative Service Agreement
for ADL Service Dogs and Training Rescue.
6.
Local Funding Agreement with Florida
Department of Transportation for the upgrade of two mast arm signals on SR 46
at Mellonville Avenue and Fire Station #41, as approved by the BCC on October
13, 2015.
7.
Conditional Utility Agreements for
water and sewer service between Seminole County and JES Consulting Property 4,
LLC, for the project known as Lake Sylvan Oaks.
8.
Conditional Utility Agreements for
water and sewer service between Seminole County and Piedmont 500 Townpark, LLC,
for the project known as 500 Townpark.
9.
Acceptance of the potable and
reclaimed water and sewer systems within the project known as Westlake Center
Parcels A & B (Dafflyn Corporated).
10. Acceptance
of the potable and reclaimed water and sewer systems within the project known
as Westlake Center Parcel C (Gratus Investments, LLC.).
11. Conditional
Utility Agreements for water and sewer service between Seminole County and Texas
Roadhouse Holdings, LLC., for the project known as Texas Roadhouse.
12. Water
and Sewer Improvements Cash Maintenance Bond in the amount of $1,004.20; and
Escrow Agreement for water and sewer improvements for the project known as
Westlake Center, Parcel C.
13. Water
and Sewer Improvements Cash Maintenance Bond in the amount of $1,159.80 and
Escrow Agreement for water and sewer improvements for the project known as
Westlake Center, Parcels A & B2.
14. Water
and Sewer Improvements Cash Maintenance Bond in the amount of $901.00 and
Escrow Agreement for water and sewer improvements for the project known as
Bliss Medical Center.
15. Amendment
#1 to Work Order #4 to PS-0009-15; Inwood Consulting Engineers, Inc.
16. Amendment
#1 to M-0134-15; GAI Consultants, Inc.
17. Amendment
#2 to Work Order #10 to PS-2015-07; Environmental Research & Design, Inc.
18. Work
Order #15 to PS-2051-07; Environmental Research & Design, Inc.
19. Work
Order #16 to PS-2051-07; Environmental Research & Design, Inc.
20. Amendment
#1 to Work Order #5 to PS-3166-08; Inwood Consulting Engineers, Inc.
21. Amendment
#4 to Work Order #63 to PS-3914-08; E Sciences, Inc.
22. Amendment
#4 to Work Order #2 to PS-4202-09; Dewberry Bowyer-Singleton.
23. Amendment
#2 to Work Order #51 to PS-4388-09; Inwood Consulting Engineers, Inc.
24. Amendment
#1 to Work Order #76 to PS-4388-09; Inwood Consulting Engineers, Inc.
25. Amendment
#3 to Work Order #108 to PS-5120-02; Atkins North America, Inc.
26. Amendment
#4 to Work Order #30 to PS-5182-05; S2L, Inc.
27. Amendment
#2 to Work Order #7 to PS-5187-05; Dewberry Engineers, Inc.
28. Amendment
#1 to Work Order #24 to PS-5706-10; Connect Consulting, Inc.
29. Work
Order #12 to PS-6865-11; S2L, Inc.
30. Work
Order #35 to PS-8047-12; Universal Engineering Sciences.
31. Work
Order #36 to PS-8047-12; Tierra, Inc.
32. Work
Order #37 to PS-8047-12; Tierra, Inc.
33. Work
Order #14 to PS-8072-12; Albeck Gerken, Inc.
34. Work
Order #35 to PS-8148-12; CDM Smith, Inc.
35. Work
Order #3 to PS-8595-13; Atkins North America, Inc.
36. Work
Order #2 to PS-9462-14; Ayres Associates, Inc.
37. Work
Order #6 to PS-9738-14; Vanasse Hangen Brustlin, Inc.
38. Work
Order #7 to PS-9738-14; Vanasse Hangen Brustlin, Inc.
39. Amendment
#1 to Work Order #2 to PS-9738-14; E Sciences, Inc.
40. Amendment
#2 to Work Order #2 to PS-9738-14; E Sciences, Inc.
41. Work
Order #10 to PS-9738-14; E Sciences, Inc.
42. Work
Order #11 to PS-9738-14; Vanasse Hangen Brustlin, Inc.
43. Work
Order #1 to RFP-9948-14; CH2M Hill Engineers, Inc.
44. Third
Amendment to PS-8047-12; NODARSE, a Terracon Company.
45. First
Amendment to PS-8148-12, Master Services Agreement; Keith & Schnars, P.A.
46. Closeout
to Work Order #28 to CC-8199-12; C. E. James, Inc.
47. Closeout
to Work Order #5 to CC-9072-13; All-In Construction Services, LLC.
48. Closeout
to Work Order #6 to RFQ-5888-10; Wharton-Smith, Inc.
49. Change
Order #1 to Work Order #5 to CC-9184-13; Central Florida Environmental Corp.
50. Work
Order #20 to CC-9192-13; All-In Construction Services, LLC.
51. Change
Order #4 to Work Order #17 to CC-9192-13; Corinthian Builders, Inc.
52. Change
Order #1 to CC-9226-14; Halifax Paving.
53. Change
Order #4 to CC-9753-14; Construct Co., Inc.
54. Change
Order #1 to CC-9899-15; Stagedoor II.
55. Work
Order #1 to RFP-0336-15; Site Secure, LLC, a Miller Electric Company.
56. Work
Order #2 to RFP-0336-15; Site Secure, LLC, a Miller Electric Company.
57. Work
Order #3 to RFP-0336-15; Site Secure, LLC, a Miller Electric Company.
58. Work
Order #4 to RFP-0336-15; Site Secure, LLC, a Miller Electric Company.
59. Work
Order #5 to RFP-0336-35; Site Secure, LLC, a Miller Electric Company.
60. Seventh
Amendment to RFP-60093-10; Lease Agreement with Copytronics, Inc., d/b/a
Copytronics Information Systems.
61. Fourth
Amendment to IFB-601110-11; Term Contract with Space Coast Fire and Safety,
Inc.
62. Twelfth
Amendment to RFP-601461-12; Term Contract with Florida Cleaning Systems, Inc.
63. Seventh
Amendment to IFB-601516-12; Term Contract with Bound Tree Medical, LLC.
64. Second
Amendment to IFB-602230-15; Term Contract with Cypress Supply, Inc.
65. Approval
Development Order #15-30000071, Variance, 1964 Kind Arthurs Court, Arlene Ruse.
66. Approval
Development Order #15-27500044, Alcoholic Beverage License, Family Food Mart,
Musammat Bhuiyan.
67. Approval
Development Order #15-30000070, Setback Variance, 131 Donegal Avenue, Arthur
and Beverly Boothe.
68. Approval
Development Order #15-30000069, Setback Variance, 5118 Tangerine Avenue, Benjamin
Akers.
69. Approval
Development Order #15-32000015, Special Exception, 700 Universe Boulevard, FPL.
70. Approval
Development Order #15-32000017, Amendment to Special Exception and Master Site
Plan, 2021 West SR 426, St Luke’s Evangelical Lutheran Church, Inc.
71. Approval
Development Order #15-32000014, Alcoholic Beverage License, 4 Rivers
Smokehouse, 1855 West SR 434, IOA Properties, LLC (Ray Gross).
72. Approval
Development Order #15-27500040, Alcoholic Beverage License, 365 Hunt Club
Market, Lyong Taek Oh.
73. Approval
Development Order #15-27500041, Alcoholic Beverage License, 3607 Aloma Avenue,
Starbucks.
74. Approval
Development Order #15-2500042, 850 S. Sun Drive, Noodles and Company.
75. Approval
Development Order #15-32000016, Special Exception, 730 North Hwy 17-92, Trio
Investment Group, LLC.
76. Approval
Development Order #15-30000086, Setback Variance, 259 Tollgate Trail, John and
Patricia Slavich.
77. Denial
Development Order #15-30000066, Setback Variance, 1797 Cinnamon Circle, James
and Crystal Fisher.
78. Denial
Development Order #15-30000067, South U.S. 17-92, C & L Properties, Inc.
79. Tuscawilla
Estates PD Developer’s Commitment Agreement #15-20500017.
80. Addendum
#1 to the Jakubcin PD Developer’s Commitment Agreement #15-20500037.
81. Recording
of Plats for the project known as Wingfield North by First National Bank of
Mount Dora.
82. Letter
to BCC from Tax Deed Clerk dated 11/9/15 re:
Lands Available for Taxes List (2), Tax Deed sale of 10/8/15, Parcels
#25-20-31-5BA-0000-3740 and #09-21-31-300-0220-0000.
83. Escheatment
Tax Deed for Parcels #25-19-30-5AH-0000-002C; 25-19-30-5AH-0000-003D;
35-19-30-513-1200-0020; 35-19-30-518-0100-0030; 11-21-31-508-0300-0040;
25-19-30-5AI-0816-0010; 25-19-30-5AI-0816-0020; 34-19-30-5AK-0A00-047A;
35-19-30-513-1200-0010; 32-19-31-513-0000-2410; 33-19-31-507-0000-1650.
84. Bids
as follows:
IFB-602373-15
from AmeriScapes Landscape Management Services, LLC; Crew Labor Maintenance
Management Group;
IFB-602388-15
from Peter Vroutos; USA Services of Florida, Inc.;
IFB-602396-15
from HD Supply Waterworks, Ltd; Fortline, Inc; Ferguson Waterworks; and
RFP-602390-15
from Premus of Orlando, Inc.
Sheriff’s Office
Motion by
Commissioner Carey, seconded by Commissioner Henley, to approve the following:
42. Approve expending $25,000 from the Law
Enforcement Trust Fund to provide for funding in support of Midway Safe Harbor. (A-1546-15)
43. Approve expending $20,000 from the Law
Enforcement Trust Fund to provide for a contribution to The Foundation for
Seminole County Public Schools for Take Stock in Children. (A-1544-15)
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Agenda Item
#44 – A-1430-15
Patricia
Hughes, Planning & Development Division, addressed the Board to present an appeal
of the Deputy County Manager's Denial of the Request for Reduction of the Code
Enforcement Board lien for Case #12‑82‑CEB on the property located
at 102 Sweetwater Club Boulevard, Longwood, Tax Parcel #31‑20‑29‑505‑0G00‑0040. Ms. Hughes reviewed the background timeline
as outlined in the Agenda Memorandum.
She stated that on June 5, 2014, a Warranty Deed prepared by Americas
Title Corporation dated May 30, 2014, was recorded transferring ownership of
the property to Omar Kudra and Jennifer Brennan. The current owners requested the $165,750
lien be reduced to $15,000.
Ms. Hughes
advised that the Deputy County Manager determined that the reduction request
failed to meet the necessary criteria for a waiver or reduction because the
current property owners purchased the property through a Warranty Deed with the
recorded lien. The current owners
appealed the Deputy County Manager’s decision to deny their request and contend
they were unaware of the lien when they purchased the property and did not
cause the original violation. Ms. Hughes
stated that staff’s recommendation is to uphold the Deputy County Manager’s
decision.
Commissioner
Carey confirmed with Ms. Hughes that the lien was filed with the Clerk's
Office.
Mr.
Applegate stated that he was informed by an attorney in his office that the
attorney for this item sent an e‑mail (copy received and filed) indicating
that due to some conflict, she was unable to attend this morning. His office responded back asking if she would
like the item pulled, but they have not heard anything back.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Commissioner
Carey stated this is a situation where there was a lien recorded and there was
a title insurance company involved. She
suggested that the current owners need to go back to the title insurance
company for this particular item. That
is what title insurance is for, to make sure that the chain of title is
clear. She stated if the lien was not
picked up by the title company, the owners' claim is with the title company,
not Seminole County. She does not
believe the County should be forfeiting fines that have accrued because the
community had to withstand the situation of the code violation.
Commissioner
Constantine questioned whether it is prudent to go forward in spite of the fact
that the attorney is not here. Mr.
Applegate stated he believes they can go forward. They asked if the applicant wanted the item
continued and did not hear back.
Commissioner
Constantine stated he wholeheartedly concurs and believes this is a question of
going back to the title insurance company.
That is why you get title insurance.
The current owners' concern and problem goes back to the title insurance
company.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to uphold the Deputy County Manager’s denial of
the Request for Reduction and deny the Request for Reduction of the Code
Enforcement Board lien from $165,750 to the requested $15,000 for Case #12‑82‑CEB
on the property located at 102 Sweetwater Club Boulevard, Longwood, Tax Parcel
#31‑20‑29‑505‑0G00‑0040, Omar Kudra &
Jennifer Brennan, current owners and Nancy E. Brandt, Applicant.
Under
discussion, Commissioner Dallari questioned when the County would be able to
collect the outstanding fines. Mr. Applegate
stated since the property is homesteaded, the County would not be able to
foreclose. He added that the title
company obviously, according to the applicant, missed the lien being recorded
so that is an issue for the title company and the applicant. Mr. Applegate confirmed with Paul Gibbs,
Assistant County Attorney, that the applicant's attorney did not request a
continuation.
Chairman
Horan asked Mr. Applegate whether, if the Board denies this reduction, it is
something that could be brought up again.
Mr. Applegate indicated they could rehear it at the discretion of the
Board.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item
#45 – A-1529-15
Patricia
Hughes, Planning & Development Division, presented the request to approve a
total reduction of the Code Enforcement Board lien of $141,250 and refund of
the $500 Application Fee for Case #14‑23‑CEB on the property
located at 230 Cherrywood Drive, Maitland, Tax Parcel #19-21-30-511-0000‑0720,
Roger Trizzino, owner and applicant. Ms.
Hughes reviewed the background timeline as outlined in the Agenda Memorandum
and advised that staff is recommending that the Board approve the waiver of the
lien and refund the $500 application fee.
Commissioner Carey confirmed with staff that this property is Mr.
Trizzino’s homestead.
Roger
Trizzino, 230 Cherrywood Drive, addressed the Board to state he agrees with
everything that Ms. Hughes stated. He
pointed out that he is a veteran and currently going through a lot of medical
problems. Mr. Trizzino stated he has had
the house for 38 years and thought he would retire in the house but now
realizes he has to move. He explained
that he has lost everything he has worked 70 years for and now is asking for
the Board’s mercy.
Tricia
Masih‑das, ReMax, addressed the Board to state she is representing the
seller. She explained that the property
has been on the market for sale for over two years; and in working with Chase,
it took them a year and eleven months to approve the sale. She added the bank will foreclose on the
property on February 10 and they are offering Mr. Trizzino some money to
move. Ms. Masih‑das confirmed for
Chairman Horan that it is a short sale.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Commissioner Henley,
seconded by Commissioner Constantine, to approve a total reduction of the Code
Enforcement Board lien, of $141,250 and refund of the $500 Application Fee, for
Case #14‑23‑CEB on the property located at 230 Cherrywood Drive,
Maitland, Tax Parcel #19-21-30-511-0000‑0720; Roger Trizzino, Owner and
Applicant; Release of Lien.
Under
discussion, Commissioner Carey confirmed with Commissioner Henley that the
motion includes refunding the application fee for the appeal.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item
#46 - A-1522-15
Pamela
Lynch, Business Development Manager with Economic Development, addressed the
Board to present a request to approve Axium Healthcare Pharmacy, Inc. as a
Qualified Target Industry Business (QTI) and to approve the County’s required
Local Financial Support as outlined in the Agenda Memorandum. Ms. Lynch described the QTI program and noted
that the incentives are paid out after the jobs are created.
Ms. Lynch
gave a brief description of Axium Healthcare Pharmacy and noted that in 2012
they merged with Kroger Company. She
stated that Axium has outgrown its current space in Lake Mary and is looking to
expand its headquarters. She pointed out
that Axium’s expansion needs are location neutral since they ship products all
over the country. Axium Healthcare
Pharmacy intends to create 225 new jobs over the next five years, which pay an
average annual wage of $46,877; and the project is estimated to result in a
total capital investment of $25 million.
She noted that Axium is eligible for a tax refund incentive of $5,000
per new job. The required support for
this incentive would be 20% of $225,000.
Ms. Lynch stated the City of Lake Mary approved their equal
participation in the amount of $112,500 on December 3 and she is seeking that
Axium Healthcare Pharmacy be approved as a Qualified Target Industry business
and approval of the County’s required local financial support of $112,550 over
Fiscal Year 2016/2017 to Fiscal Year 2024/2025.
Ms. Lynch noted that Mark Montgomery and Bill Bucher from Axium are
present; Tom Tomerlin from the City of Lake Mary is present; and Irma Stenman
from the Orlando Economic Development Commission is present.
Commissioner
Carey questioned whether the current building at 550 Technology Park will be
vacated and sold. Ms. Lynch stated Axium
is leasing the space.
Commissioner
Henley noted that as he read through the Agenda Memorandum, he noticed that
Axium is considering “this” or they expect to do “that.” He submits that good intentions never accomplished
anything. The only reason he supports
this item is because of the fact they don’t get their money until they have
done what the County expects them to do.
Commissioner
Constantine stated that he whole‑heartedly agrees with the fact that the
jobs have to be created before the money is brought forward. With regard to the eight criteria that he
uses with this program, the only one that this does not meet is the fact that
this particular company does compete with other companies in the county. He stated he did ask Ms. Lynch to reach out
to those companies to see if they had any concern or problem and questioned if
she was able to do that. Ms. Lynch
stated, as the Commissioner knows, the County follows Florida Statute and all
of the County's information pertaining to this proposed incentive is a matter
of public record; therefore, they are not obligated to reach out to the
competitors.
Chairman
Horan questioned whether the incentives that they have here would be available
for any other business that might be in the specialty pharmacy area that wants
to expand or make a capital investment; Ms. Lynch responded that is
correct. Chairman Horan confirmed with
Ms. Lynch that in terms of the competition, the competition has the ability to
compete for the funds on the same basis in terms of job creation and capital
investment.
Ms.
Guillet added that it is not really a competition because if they meet the
qualifications, they can be considered for it.
The same opportunities are availed to every other similar business or
other businesses that meet the QTI definition.
Chairman Horan pointed out that in terms of competition, it is whoever
gets there first before the money runs out.
Ms. Guillet stated that it is not that one would have an advantage over
the other except to the extent there may or may not be funding available at the
time that they request it; they do have
the same opportunity.
Commissioner
Constantine stated the three things that he finds most appropriate here is
knowing the company that they have now gone with and what that company does,
the company could do this anywhere so there is imminent danger of moving the
jobs and jobs do come first; the salaries are above the County average; and
they reach seven of the eight criteria that are important to him.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Commissioner Constantine,
seconded by Commissioner Carey, to adopt appropriate Resolution #2015-R-205
recommending that Axium Healthcare Pharmacy, Inc. be approved as a Qualified
Target Industry Business (QTI); and approve the County’s required Local
Financial Support of $112,500 over Fiscal Years 2016/17 to 2024/25, as local
participation in the QTI tax refund program.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER’S REPORT
With
regard to the afternoon session, Ms. Guillet announced that the following four
public hearings that were scheduled have been cancelled and will come back
sometime in January: Item #47,
Floodplain Ordinance; Item #48, Cavlan Voluntary Billboard Agreement; Item #49,
Board of Adjustment Appeal for property on Howell Branch Road; and Item #50,
Transmission of Proposed Amendments to the Text of the Seminole County
Comprehensive Plan. Upon inquiry by
Commissioner Dallari, Ms. Guillet stated there were notice issues on all four
items.
COUNTY
ATTORNEY’S REPORT
Mr.
Applegate announced that on December 17 there will be a meeting of the Board of
County Commissioners to conduct a special annual Ethics/Sunshine and Public
Records Law training. The meeting will
be held in Room 3024 in this building at 9:00 in the morning.
Commissioner
Carey stated the Board had asked that all of the members who serve on the
voluntary boards be extended an invitation.
She stated she spoke to several people this week regarding appointments
and asked if they were planning to attend and several of them did not know what
she was talking about. Commissioner
Carey requested that staff make sure that all of those people have been noticed
as well as other board members that the Board identified as someone they would
like to have invited. Ms. Guillet advised
they do have someone working on the invitations and added she will double check
on it.
Chairman
Horan stated he was told that in addition to the Board, there are 20 confirmed
invitees. Commissioner Carey explained
that many of the boards, like the Expressway Authority for example, have
additional ethics rules that have been adopted and ethics training is one of
those. Most of the elected officials
have to do the training as part of their requirements, but there are Governor appointees
on those boards as well who really don't have a place to go for the
training. Commissioner Carey stated she knows
they were talking about extending the invitation to them as well.
-------
Chairman
Horan reminded everyone that there is a work session regarding the Soldiers
Creek conceptual design and cost estimate which will start at 10:55 a.m.
-------
The Board recessed the meeting at 10:42 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, Commissioner Carlton
Henley who was late, and Deputy Clerk Jane Spencer who was replaced by Deputy
Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Constantine, seconded by Commissioner Dallari, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Henley entered the meeting at
this time.
PUBLIC HEARINGS
Chairman Horan advised that there will be
only one public hearing today which is Item #51 in regard to the proposed Urban
Bear Management Ordinance. He explained
that due to a problem with the noticing of the following items, they have been
deleted from this meeting’s agenda: Item
#47, Floodplain Ordinance; Item #48, Cavlan Voluntary Billboard Agreement; and
Item #49, Board of Adjustment Appeal/Jim Clifton. Item #50, Transmission of Proposed Amendments
to the Text of the Seminole County Comprehensive Plan, is continued to a future
BCC meeting. Proof of publication for
Item #50 received and filed.
URBAN BEAR MANAGEMENT ORDINANCE
Agenda Item #51 – PH-2015-243
Proof of publication calling for a public hearing to consider adoption
of an Ordinance amending the Seminole County Code to include a new Chapter 258,
Seminole County Urban Bear Management, which addresses refuse collection and
other wildlife management techniques intended to reduce human-bear conflicts,
received and filed.
Meloney Lung, Assistant County Manager, addressed the Board to state
the intent and purpose of the ordinance is to minimize the risk of dangerous
interactions between humans and bears in Seminole County by establishing
standards for storage of bear-attractant materials within the urban bear
management area. Staff recommends
adoption of the ordinance amending the Seminole County Code.
Commissioner Carey questioned whether staff had received anything back
from the cities of Sanford, Lake Mary, Altamonte Springs, and Longwood. Ms. Lung advised that Sanford and Lake Mary
are fine with the ordinance and she received comments from Altamonte Springs
this morning. Ms. Guillet added that the
County Attorney will address their concerns because they had specific, legal
issues they raised with respect to the ordinance.
Bryant Applegate, County Attorney, explained that his position is that
this is a comprehensive bear management ordinance and pursuant to the County
Charter. He then read from Section 1.4
in relation to municipal ordinances which stated municipal ordinances shall
prevail over county ordinances to the extent of any conflict. He said his understanding is the cities do
not have a comprehensive bear management ordinance and in the urban areas that
are established by this county ordinance, there are no conflicts. He added the cities under this Charter
provision have the right to adopt their own ordinance or by ordinance, opt out,
but they have not done so.
Ms. Guillet stated this ordinance addresses refuse management
requiring people to secure their garbage which is consistent with what they
have seen across the nation in places that have been dealing with bear-human
conflict and encounters. The proposed
ordinance is patterned after an accepted set of best management practices with
regard to refuse management as well as bear attractants. She explained this ordinance requires that
garbage be secured within a secure structure or a bear resistant
container. There are additional
provisions in the ordinance that relate to other bear attractants such as bird
feeders, barbeque grills, and pet food.
Staff created this concept of having urban bear management areas that
are identified as having a high incidence of bear-human encounters. This ordinance establishes the first urban
bear management area which is the entire area in Seminole County west of I-4
and also a very small sliver of property along the east side of I-4 because
they have seen that bears will traverse under or over I-4 in the very immediate
area. She added their standard processes
and provisions are included with respect to enforcement of the ordinance. They are hopeful that their enforcement
efforts will be limited to education because they have seen a great response
from the public; they want to do the right thing and keep their neighborhoods
safe. However, they do have a procedure
in place for engaging in enforcement.
Ms. Guillet stated the ordinance is intended to cover all of Seminole
County including the municipalities; however, the cities do have the ability to
opt out. Staff has put together a
community education program and today they will go live with the website, www.bearawareseminole.com. This site will include the
requirements of the ordinance, where people can obtain bear resistant trash
cans, and how to contact the haulers.
The site will also outline the requirements on the other best management
techniques. If the ordinance is
approved, they will be sending out postcards to all the residential customers
within the urban bear management area and they will also be contacting the
commercial properties. In addition, they
are working with a billboard company for signage. They also plan to hold community meetings and
speakers will be available to speak to homeowners associations and groups.
In regard to enforcement, Ms. Guillet stated the requirements in the
ordinance for securing residential refuse are effective within 30 days of
adoption. However, because of the
holidays, they are requesting instead a 60-day initial enforcement period for
residential customers. Commercial
customers will also have 60 days because dumpsters will need to be
modified. With respect to how they plan
to approach code enforcement, part of this ordinance authorizes the County
Manager’s Office to set up an SOP (Standard Operating Procedure) for code
enforcement. They want to emphasize
education in that because she believes most people want to comply and make
their neighborhoods safer. So their
primary objective is to educate and gain compliance.
Ms. Guillet explained that if there is an issue in a neighborhood,
their first tactic will be to contact whoever is not complying and educate them
as to what the requirements are. If they
are still having an issue with a respondent, they will give them a warning
before they engage in any formal code enforcement proceedings. Following that, they will start going through
the normal code enforcement process.
Commissioner Carey commented that a number of the subdivisions already
have adopted similar covenants and restrictions and this will give the ability
to enforce those. She added that
Heathrow has penalties and fines in their rules greater than the County’s. Ms. Guillet stated they do not want to
enforce, especially the best management practices, with a heavy hand or have
neighbors use code enforcement to get back at their neighbors for whatever
reason. In regard to the best management
practices with issues like bird feeders and grills, if they receive a complaint
of non-compliance, the first step in enforcement would be to contact the FWC
(Fish and Wildlife Conservation Commission) to see if there are any bear issues
in the neighborhood. If no issue has
been created with respect to bear activity in the neighborhood, they will
advise the resident of the standards they should be following because they live
in a bear management area. If there is
bear activity, then they will take a stronger tact on enforcement to ensure
that no one is contributing to the potential for a human-bear encounter or
conflict. She thanked the FWC for being
a great partner and continuing to help the County with trying to keep
neighborhoods safe.
Commissioner Carey noted that one of her concerns is whether there is
an appeal process and this ordinance does not speak to that. She asked Ms. Guillet to explain how a code
violation appeal process would work. Ms.
Guillet advised that for any code enforcement action that is taken, the appeal
is through the court system. Fines and
liens may be appealed to the Board of County Commissioners, but once there has
been a determination that a violation exists and a penalty has been imposed,
the appeal is through the court system.
With respect to citations and code enforcement, she stated that a number
of jurisdictions have now moved to having citations and she expects that is
probably the most efficient way to deal with enforcement of this ordinance for
appeal to a special magistrate. Therefore,
they may be bringing something back to the Board early next year for
consideration to establish an appeal process for code enforcement violations
that would first go to a special magistrate for appeals. She added, however, that she does not expect
there to be a lot of enforcement activity needed and they want to keep things
as manageable as possible on a local level.
Ms. Guillet stated that if the Board authorizes staff to do so, they
will also bring back in January a hardship program related to the
ordinance. She explained there is a
requirement that garbage be secured either in a bear resistant container or
within a garage or shed or some other secure structure. There are some neighborhoods within the urban
bear management area that have smaller homes and lots where residents may not
have a shed or garage to store their garbage, which would leave the only option
of getting a bear resistant can. She
added that some of those residents may have some income limitations that would
make that a hardship for them.
Therefore, staff is working with the Community Services Department and
the Solid Waste Division to put together an assistance program/hardship relief
program that they plan to bring back to the Board in January for consideration
and approval.
Commissioner Carey stated that one of the earlier drafts of the
ordinance talked about an assistance program for residents in a low income
targeted area. She cautioned that there
are people that are not in a low income targeted area who might face financial
hardship if their only resource is to get a bear proof garbage can. For example, it could be a senior living in a
big house that can barely afford to stay there.
She wants to ensure that they have thought through all of the unintended
consequences before they adopt an ordinance.
Ms. Guillet stated since they are the first in Florida to do this, they
may have to, in a few months, bring back to the Board some tweaks to this
ordinance. They have tried to consider
every possible consequence, but they may have to make adjustments to ensure
that it operates efficiently.
Commissioner Carey noted there is a list of garbage cans that either
of the haulers in this area will accept if someone wants to purchase a bear
proof garbage can. Mr. Guillet advised
they also have instructions on how to modify an existing garbage can. She added that all of this information will
be on the www.bearawareseminole.com
website and on the postcards that will be sent out. Also, there will be information with respect
to being bear aware.
Ms. Guillet stated if residents decide to go the route of using a bear
resistant can, they need to contact their hauler because there is an additional
service fee for collection of garbage from a bear resistant can, and the
listing of acceptable cans on the website also has the haulers’ contact
information. She noted that utilizing
bear resistant cans will be a requirement for any new subdivisions. Commissioner Carey advised that also on the
website are listings from the different haulers and there is everything from a
32-gallon can to a 96-gallon can.
Chairman Horan advised that press kits are available which can be
picked up after the meeting that include not only the ordinance but information
concerning the types of cans, how to modify an existing garbage can, etc.
Mr. Applegate commended the County Manager and her staff and stated
they put forth a lot of time and effort into drafting this comprehensive
ordinance, which is the first of its kind in Florida. He added that throughout this process, Ms.
Guillet’s concern, along with staff, was community outreach, education,
patience with this issue, and enforcement as a last resort. He said he is very pleased with what they
have done and they did a tremendous job in working with the FWC; it was a great
team effort. Chairman Horan and
Commissioner Constantine reiterated Mr. Applegate’s commendation. Commissioner Constantine added he would like
to have seen a 100% bear resistant container program on the west side of I-4,
but he also understands this is the first logical step knowing that staff is
committed to working with the numbers to try to come up with a 100% program for
the most affected area. He said he is
pleased that Altamonte Springs is looking at pursuing that program also and
they have the same amount of concerns and policies that they need to work
through.
Representative Scott Plakon, 3044 Timpana Point, addressed the Board
to state he is in attendance as a constituent that lives west of I-4 and as a
representative of most of what is contemplated in the legislation as the urban
bear management area. He stated he moved
to this area 20 years ago because he really enjoys the wildlife like deer,
turkeys and owls. He added that 20 years
ago, you would occasionally see a bear, but in the recent past, they seem to
see them a lot more regularly. Last
year, they had about eight bears that moved in next door to his home,
therefore, he has had several interactions with the FWC and they have been wonderful
to work with. He’s had a bear at his
front door trying to get in and on another occasion, he was charged by a
sow. He said he applauds the boldness in
moving forward as the first county in Florida to do this.
In conjunction with Senator Simmons, Representative Plakon advised
they will be submitting budget language to try to supplement the efforts of
what they are doing here in Seminole County and the other 13 counties that have
significant bear populations. The budget
language they are in the process of writing contemplates using the $375,000
from the bear hunting licenses to assist in the efforts of counties most
impacted by bear issues. Generally, the
language they are proposing will have two conditions for participation in this
funding: (1) a county has a waste
management program capable of utilizing bear resistant trash cans, which
Seminole County has, and (2) a county has an ordinance in place focused on
resolving issues associated with bear attractants and garbage. Passage of this ordinance today, and if he
and Senator Simmons are successful with this budget language, would put
Seminole County as being the first and only county so far that would qualify
under those conditions. He explained
this language also contemplates allocating the funds on a pro-rated basis based
on the number of bear calls that come in through the hotlines. Seminole County has 15% of the State, Volusia
County has 15%, and there are 3 other counties with 10%, so that is 55% within
5 counties of the bear calls. Their goal
is to make the language as flexible as possible so that qualifying counties can
use the funds as they see best to solve their local problem. For example, it could be used to subsidize
bear proof containers or even to bolster county ordinances like the one being
proposed today.
Representative Plakon advised that he and Senator Simmons will be
making requests for appropriations to bolster the program even more for funds
from General Revenue dollars. He thanked
the Board and the FWC saying this has truly been a great collaboration between
members of the Legislature, Seminole County, and Fish & Wildlife, and he
looks forward to working with the County and getting input as they write the
budget language as to how they can best represent their constituents.
Commissioner Carey stated that Representative Plakon stated the
allocation of monies is based on the bear population; that is kind of how it is
being written right now. She asked if
Seminole County is the only county with an ordinance this coming year whether
they would be able to collect 100% of the funds. Representative Plakon stated that is the way
they are writing the language.
Tom Knuckey, 310 W. Hornbeam Drive, addressed the Board to state that
his property backs up to the Seminole Wekiva Conservation Area. He said he applauds the efforts of the Board
to start the process but feels it is a half of a step instead of a full
step. Two days after the killing of over
130 bears in their area by the FWC hunt, his wife saw a bear going through the
garbage cans in their neighborhood. He
added the real step is to protect their communities and honor Florida’s Natural
Choice and to protect wildlife by mandating the use of bear resistant
cans. He believes the issue of
enforcement will be very difficult and there is a small window when people put
their garbage cans out and bears seem to know that day and come out.
Susan Paul, 1982 St. Andrews Place, addressed the Board to state “good
work” because they have come far to recognize the problem and started doing
something about it. She confirmed with
Chairman Horan that they are still waiting for a response from Longwood.
Ms. Paul stated she has some concerns and she thinks they might get
better results if they had a whole program covering everyone in the bear
management areas with bear resistant cans and that is the best use of funds
that may come available to Seminole County.
She heard today that enforcement efforts and everything else rely on how
many bear calls there are. She has seen
that the FWC is now killing the bears; if there is a bear call, they hunt the
bear down and kill it, which will make people less likely to call about any
bear problem. She stated she thinks the
County should talk to the FWC about that and try to work through it because she
won’t call about a bear because of that.
She is also concerned about the assumption that bears do not come out
between 8:00 a.m. and noon when the trash haulers are at work, because they
do.
Ms. Paul stated she wondered whether there could be a volume discount
for large purchases by HOAs or neighborhoods for the purchase of the cans or
the cost of hauling, which is $60 per year.
Ms. Paul commented in regard to the education efforts that it would be
good if they had something they could give to HOAs and other organizations to
hand out to their neighbors.
Commissioner Constantine advised that they are still working on the
mandatory bear resistant containers and working with haulers to try to reduce
that price. In addition, staff does have
informational handouts that can be given to the HOAs and others. He added that all her concerns are being
addressed.
Commissioner Carey stated they have had a voluntary program in place
for almost two years now and many of the subdivisions have taken advantage of
the $20,000 in grant money the County received from the FWC, which the County
used to offset the cost of the cans by $40 per unit for the first 500. She added that Wingfield North and Wingfield
Reserve have both gone to mandatory rules on their own and provided the cans
themselves by taking advantage of the grant money.
Ms. Guillet stated they have staff available after the meeting that
can provide Ms. Paul with the educational materials.
Cynthia Payne, 330 Wekiva Cove Road, addressed the Board stating she
recently moved here from Orange County.
She has been educating herself about these animals and she loves them
very much. She wants them protected and
she wants her second grade child protected and all the other kids that walk and
ride bikes to and from school among these bears. She displayed a photograph (received and
filed) and said she took the photo yesterday of a 500-pound adult male
bear. He wandered the neighborhood and
got into someone’s garbage cans that were on the side of their home. She said dawn and dusk are when you expect to
see the bears, so they are more cautious then, but this photo was taken at 2:00
in the afternoon. The bear also broke
into a lanai and ate someone’s pet bunny in front of a 16-year-old boy who was
home and helpless to do anything, and then drank out of the swimming pool and
moved on after taking a nap in someone’s yard.
Ms. Payne stated this is a huge male animal and her child is 50 pounds
and if she surprised him, even though he is not an aggressive animal, something
bad could happen. She added the bear’s
fate is probably sealed because he is so brazen; he will probably be caught by
FWC and tranquilized and killed. She
said this is a very important thing and not to be taken lightly. She loves these animals but he made her very,
very nervous. She thanked the Board for
considering this and said she knows this is a huge undertaking.
Chuck O’Neal, 101 Stag Ridge Court, addressed the Board and stated he
is the director of Speak Up Wekiva, Inc. and he is in support of this proposed
ordinance. One of the concerns that
remains is one that was expressed by Commissioner Henley in a previous meeting
and that was if bears do not have access to food in these subdivisions, where
do they go. He advised there will be
legislation introduced to restore the natural food supply of black bears in the
forest by making permanent the ban on harvesting of saw palmetto berries and
also on the timbering of acorn producing oaks.
Mr. O’Neal stated he would like the Board to reconsider the portion of
the ordinance that states it is acceptable to leave the garbage in a non-bear
resistant container after 5:00 a.m. In
his subdivision sometimes the hauler does not come before 1:30 p.m. He added that bears are very smart and their
intelligence rivals chimpanzees. The
bears will learn that food is available between 5:00 a.m. and 1:30 p.m. He suggested that they modify the ordinance
such that if someone puts out garbage in a non-bear proof container on a
regular basis and that garbage is taken for food by a black bear, that that
person be warned and that warning be followed by a fine if they don’t purchase
a bear proof trash can. He opined this
should be required because the FWC has a rule against intentionally feeding a
bear and if you know a bear is going to take that food and you keep putting it
out after 5:00 a.m., you are intentionally feeding that bear. He stated that other than this exception, he
is very happy with the ordinance. He
added he asked the Board for leadership two months ago and this Board is
showing that today.
Robert Turnage, 7 Trilby Branch, addressed the Board stating he is
president of the Markham Woods Association, a voluntary organization of about
3,000 homes. He is also president of the
Trilby Bend Homeowners Association.
Mr. Turnage stated that if they prevent putting garbage out until
after 5:00 a.m., the bears will just adapt to it because they are pretty
smart. He advised he sent a summary of
the proposed ordinance to all their members and indicated where they could get
a copy of the exact ordinance. All of
the comments he received were in support so he believes it is very well
written. A couple of the comments were
that they would like to see bear proof containers for everybody. He stated that his response was that the
Board is working on that but it is a matter of funding.
Mr. Turnage said there were some concerns about the language about
unclean grills. One person questioned if
the code enforcement officer would go into their backyard and into their pool
enclosure to inspect their grill to see if it is dirty and might attract bears. Ms. Guillet stated that this is not something
they will be proactively looking for, but if there is an issue with bear
activity and bear-human conflict, they will look to eliminate any
attractant. Commissioner Carey added
there has been several revisions to that and the storing of the grills has been
deleted, so people just need to burn off their grill and basically clean
it. Like all code enforcement
complaints, they are typically driven by people contacting their offices and
saying something like they noticed their neighbor is doing X, Y, Z.
Steve DeMoor, 140 Wekiva Park Drive, addressed the Board and advised
he is a professional wildlife trapper by trade and has 20 years of field
experience. As such, he is an expert at
understanding urban wildlife behavior and resolving wildlife conflicts. He served on the Board of Directors for the
National Wildlife Control Operators Association and was asked by FWC to help
draft the laws regulating nuisance wildlife control in Florida. He is also a lifelong Seminole County resident
who lives in the heart of the proposed area.
He added he is in support of supplying bear proof cans to everybody.
Mr. DeMoor stated he does believe they have a problem and that further
human-bear conflicts will likely occur.
He does not believe they have seen the last of the attacks and they need
to do something about it and take action.
He said he would like to explain why this ordinance is not the answer
and it should not be adopted. The entire
ordinance is based upon the presumption that unsecured trash is the primary
cause of the bear problem. He opined
that this very foundational premise is false and that is why the goals of the
ordinance cannot succeed.
Mr. DeMoor explained that residential trash is not the reason for the
bear conflicts, and legislating it will not correct the problem. There is a well-established population of
urban bears that live among them and they live here full time. Bears do not live in the neighborhoods
because of the trash; the problem is the result of population expansion. He stated they had a population of bears that
were allowed to thrive in a limited geographical space; and as a result, the
population grew and the bears were forced to expand outward from that
space. Because they are highly
intelligent and adaptable, they were able to thrive and survive in the urban
zones. They have established the area as
their home and securing trash better is not going to make them move away or
solve the problem. They are here because
they need territory and they have made this territory their home.
Mr. DeMoor stated that you cannot make being stupid a crime and you
cannot legislate ignorance; it is stupid for people to leave their trash out in
bags or unsecured containers on the side of the road. Unsecured trash attracts all types of animals
for an easy meal including raccoons, stray cats, rodents, vultures, etc. He added the vast majority of people in
Seminole County are not stupid and they keep their trash secured to prevent
conflict. It is the few, the careless
and the ignorant that leave their trash exposed and make it an easy meal for
all types of urban wildlife including bears.
The problem is you cannot criminalize stupidity no matter how severe
they make the penalties because people are going to continue to do stupid
things. Leaving exposed trash is not a
criminal act, it is not intentional civil disobedience; it is just an act of
stupidity and ignorance, and it has been proven time and time again the most
effective way to calm that ignorance is not through legislation, but through
education. He does not believe this
ordinance, while well intentioned, will effectively resolve the problem and
that there are greater steps that need to be taken.
Mr. DeMoor concluded stating he is in support of the idea of bear
proof cans if they do it holistically.
Commissioner Carey stated if they did a holistic approach and took the
northwest side of I-4 and distributed garbage cans to every resident there,
which is what they have been talking about, what would the bears do. Mr. DeMoor responded that they would adapt to
another food source, but they would not move; they are here to stay. Upon further inquiry by Commissioner Carey,
Mr. DeMoor stated that after a woman was attacked near his residence and within
two weeks of that incident, one of his neighbors with livestock had a mother
bear with two cubs killing his livestock and tore the door off his shed to get
to the feed. The bear would not turn and
run when she was approached and when someone would stumble upon her, she stood
her ground and growled. That behavior is
a last warning and she didn’t have any fear of humans. The neighbor is a professional biologist; and
when he called FWC, their only response was to get some electric fence and did
not in any way act responsive. He said
the response they are getting to these issues is problematic and the education
is not there. He added there are humans
that do not fear bears because the message has been wrong. For 20 years they have been telling people
that there has never been a documented bear attack in the State of
Florida.
Mr. DeMoor stated that the only reason there was a bear hunt was due
to the political pressure due to the attacks.
They did not have the guts to actually do population management. The bears do not fear humans because they are
not hunted; they are not hazed or harassed.
Out west they have hazing programs to keep the bears out of human
space. He added that the risk is never
eliminated; there are alligators in the waters and sharks in the ocean. They need to be honest with people so they
can protect themselves and be effective in that because this is a real risk and
these are large and dangerous animals.
Guy Wells, 1571 Arden Street, addressed the Board to state he does
support the ordinance except the portion about trash pickup times. He explained that everyone’s garbage is being
collected at different times of the day all over the county. His is picked up before daylight and the
bears are active early in the morning, so a hazardous situation is created. Another citizen mentioned his garbage is
picked up in the afternoon, so there will be garbage left out all day. He proposes they amend the ordinance to say
people should not put garbage out more than an hour before pickup and that will
solve the problem.
Commissioner Carey confirmed with Ms. Guillet for the public’s benefit
that she can put her garbage out the night before because her pickup time is at
6:00 in the morning if she puts her garbage in a bear resistant container.
Shannon Sedigh, 2443 Grandview Avenue, addressed the Board to say very
strongly that she is in support of the ordinance. She said she thinks the most important thing
is the safety and well-being of all those involved. She knows from life experience that when you
take away the food source, raccoons are not coming around. She added they need more education on
coexisting together, but this is a very important first step in coming to
better solutions.
Peri Sedigh, 2443 Grandview Avenue, addressed the Board to thank them
for having several meetings on this issue and doing extensive research. She also thanked Commissioner Constantine for
bringing the issue forward and being a strong force behind it. She supports this wholeheartedly and she
knows that cost is an issue, but she thinks when it comes to human safety and
animal safety, that if there is a will there is a way. She also thinks that the FWC, whose job it is
to keep the human and the animals safe, punted the ball. She added the FWC made a lot of money on the
bear hunt and believes the Commission should petition to chip in for the
cans.
Ms. Sedigh stated there are several neighborhoods in New Jersey that
had a similar problem, and the same way the bears were lured in, they were also
lured out by putting food deep into the forest that they could get. There was another neighborhood in Florida
where all the residents collected their fallen acorns from their trees and kind
of made a path leading the bears out.
She thought that was something to consider. There is also bear birth control which is
inexpensive compared to other methods.
Ms. Sedigh commented that since the last bear hunt, they have had
injured bears and baby bears that have wandered into neighborhoods that had not
done that previously. She stated the
hunt was not a solution; the hunt was a huge problem. She added the bears that came in had old
bullet holes in them and there were cubs that were found starving and hit by
cars. There were three mayors of cities
that had written letters stating they were strongly against the bear hunt. She would like this Commission to do the same
because Seminole County is the leader in this.
Ms. Sedigh stated they should educate real estate agents so they can
warn people who are moving into those neighborhoods that this can be a problem,
and they should educate children in schools and go door to door with flyers.
Shannon Wright, Northeast Regional Director for the Florida Fish &
Wildlife Conservation Commission, addressed the Board and stated she
appreciates the opportunity to speak today.
She said the FWC is very proud of Seminole County in what they have
done. They support the Commission’s
efforts to establish an ordinance that is intended to reduce the human-bear
conflict by eliminating attractants.
They have and continue to work with Seminole County staff to implement a
comprehensive approach to becoming a bear-wise community to maintain human
safety in areas that are ideal bear habitats.
In addition to the ordinance, they are working with Seminole County to
explore all options to make bear resistant trash cans more widely available for
the residents.
Commissioner Carey stated they have a number of nuisance bears in
neighborhoods and then relayed the events that surrounded the first bear attack
across the street from her neighborhood.
One of the cubs was killed by a car, and the mother bear and another cub
were taken away by the FWC, but they were not put down. She said that not all bears that get trapped
in the neighborhoods are actually put down.
She asked that the FWC actually talk about that.
Commissioner Carey noted that they spent $25,000 to do a mailing to
everybody in the northwest corridor to make them bear aware after this first
incident happened. She keeps that
mailing at her house and when she has visitors, she tells them not to just walk
outside at night thinking that nothing could happen. They not only have bears, they have raccoons,
foxes, coyotes, and everything in that area where they live.
Commissioner Carey relayed another story about having young visitors
in her pool and when a bear walked by, they screamed and the bear did not even
turn his head to look because it was that uninterested. She stated those are the bears that pose
great concern for the community. She asked
the FWC what their policy is when they receive a call about a nuisance bear
because she has an email from someone who lives in Northridge. This person called the FWC because of a
situation he had and he was told the FWC would do nothing unless there was an
attack or a direct confrontation. She
wondered if someone calls, whether they put the bear down or move it to another
area.
Mike Orlando, Assistant Bear Program Coordinator for Florida Fish
& Wildlife, addressed the Board and stated they do have a comprehensive
policy that addresses bear conflicts in all locations including neighborhoods,
parks and campgrounds. They do not kill
every single bear that they capture.
There are bears that are wandering streets and getting into garbage and
doing certain things that are preventable.
Preventing those types of things requires education outreach. The FWC strives to reach roughly 20,000
people a year through their education outreach effort. They also have 2,500 people, law enforcement
particularly, throughout the state who are educated on how to haze bears with
less lethal devices. There are a lot of
options for bears that are showing up in neighborhoods through less lethal
methods to trapping and relocating.
Mr. Orlando advised that if a bear does something fairly egregious
like breaking into a house, those are things they do not take lightly. There is a list of bear issues in the policy;
for example, if a bear hurts a person, breaks into a house, repeatedly kills
livestock, the FWC will trap and more than likely kill that bear based on its
behavior. With bears that are just
getting into garbage and things like that, the FWC will handle that with
education and outreach to try and get people to secure their garbage.
Commissioner Carey asked Mr. Orlando what the FWC does if there is a
bear just wandering around in a neighborhood.
He stated they start with education outreach to ensure the bear does not
come around the second time. If the bear
continues to make its presence known in a neighborhood, they try to do aversive
conditioning, and there are steps they generally try to take. If the bear still continues to be unafraid
and food conditioned and habituated, and the FWC believes it is a public safety
threat, they will trap the bear and kill it.
If the bear is just basically just making its presence known, he is
habituated but not necessarily food conditioned, meaning people are tolerating
him and he is tolerating people, on occasion they will relocate the bear to the
national forest.
Commissioner Carey stated regarding the 700-pound bear that wanders
through her neighborhood and surrounding neighborhoods, that that is his
territory. Wingfield North, where the
first attack happened, have bear proof trash cans and the bears are still
wandering that neighborhood. Mr. Orlando
stated that the great part of this ordinance is requiring people to secure
their garbage through the duration of the week and not just necessarily the
morning of the pickup. Even though bears
are smart enough to time the garbage collection, they hear the banging of those
trucks and figure that out, the majority of the conflicts occur when people
leave unsecured garbage cans on the side of their house the other six nights of
the week. That is when a person has a
more likely chance of turning the corner and running into a bear rummaging
through their garbage. He stated just
that alone will reduce a lot of the conflicts.
Commissioner Carey questioned what part of FWC’s budget will be allocated
to help Seminole County offset some of these costs because as they move forward
and try to determine what their next step is, obviously the answer to this
question could impact that. Ms. Wright
responded that the FWC is currently working on their next fiscal year
budget. She would have to refer to
someone in Tallahassee who is working on the budget to get that, but they can
get that information for the Board and let them know. Commissioner Carey stated she would like her
to let them know that as the epicenter, she fully expects that Seminole County
will get the biggest piece of that budget.
Ms. Guillet requested that Mr. Orlando explain for the public’s
benefit how important it is to manage the other attractants, especially when
garbage is not going to be as readily available. Mr. Orlando stated they heard from the
wildlife trapper earlier and he is correct that a lot of these bears do live in
the urban area. He added that about 50%
of them will come and go from the forest; they have radio collars that
Commissioner Carey actually helped put on some of these bears. Some bears, however, are truly urban and do
not leave suburbia. Once the main
attractant is secured, which is garbage, the bears will go through what they
call an extinction burst, meaning they will try to get other foods to fill the
gap of the garbage. He stressed it is
really important for people to take seriously the attractants like dog food,
bird feed, and any fruit-bearing trees like loquats, in particular. They will have continued bear presence in
these neighborhoods and that will fall on FWC to manage some of these bears in
the neighborhoods either through relocation or aversive conditioning. Some of those bears, if not most of those
bears, will hopefully go back into the forest and maybe even disperse.
Commissioner Dallari thanked everyone for their input and stated staff
and the FWC have done a great job. He
expressed concern about disbursement of the bears across I-4 when their food
supply is taken away. He added that he
had some conversation with FDOT and they do put up bear management fences.
Mr. Orlando stated exclusion fences can be seen when driving on
east/west SR 46. Commissioner Dallari
questioned whether the FWC has been in discussions with FDOT regarding these fences
in light of the work being done on I-4.
Mr. Orlando responded they have had some discussions with FDOT; they
have had bears in the rest areas and they currently have bears that cross over
I-4 and have been hit by vehicles, so they are naturally disbursing animals and
it is part of their home range and they are exploring. Commissioner Dallari stated he is very
concerned about the disbursements across I-4 because when he spoke with FDOT,
they had not given the urban bear management issue a thought yet. Mr. Orlando said they will discuss this with
them to talk about where the most likely crossings will be, etc.
Commissioner Dallari stated he knows the FWC is talking with
Tallahassee about increasing funding and asked how the Board can help the FWC
help Seminole County. Ms. Wright advised
that their budget is obviously presented before the Legislature. She will be calling Tallahassee to find out
how much is set aside for the bear resistant cans. Commissioner Constantine added that is the
first thing, to get it in FWC’s budget because the more money they put in their
budget for bear containment and for Seminole County, the more money they can
hope to get out of it. Commissioner
Dallari advised Mr. Orlando that there is plenty of money available for the I-4
Ultimate project so FDOT should be able to put up some animal containment
fences as well.
Commissioner Dallari questioned Ms. Guillet in connection with what is
next regarding education. Ms. Guillet
responded that with respect to establishing the urban bear management area, the
website goes live today. She said there
will be quite a bit of information on that site regarding living with bears,
what the requirements are with respect to the ordinance, where people can get
bear resistant cans and things of that nature.
Additionally, if the ordinance is passed today, they will send out
postcards to all of the residential and commercial refuse customers in Seminole
County that are in the urban bear management area alerting them that there are
new regulations for refuse management as well as bear attractant
management. They are working on
scheduling two community meetings over the next 30 to 60 days. They are also reaching out to homeowners
associations, property management associations, and Chambers of Commerce to
offer information as well as making themselves available to go and speak to
groups to educate them as to what the requirements are with respect to the
ordinance. She added their first goal is
to educate people within the urban bear management area. They will make themselves available to others
throughout the county with respect to the information they know. She stated they will be experts on the
ordinance but won’t necessarily be experts on bear management. If there are things beyond their expertise,
they will reach out to FWC to help them.
Commissioner Dallari suggested reaching out to the school district and
stated that the use of seat belts is a perfect example of how children can get
the adults to change their habits. Ms.
Guillet stated that was not part of their plan but it is an excellent point and
she believes it is something they can endeavor to incorporate into the
community outreach program. She added
they work with the schools on other environmental issues so they can certainly
see how this can fit into that.
Commissioner Carey stated that they asked the County Manager to talk
with the schools about the bus stops in some of the areas that are not well lit
where the high school students are out there in the dark waiting on a bus. Ms. Guillet advised they are collecting data
with respect to bus stops throughout the county, not just in the urban bear
management area, to determine where the bus stops are and what bus stops have
lights and what bus stops do not. Part
of the challenge of that is the bus stops change from year to year. She said they have a pretty good data set
right now and are wrapping that up.
Commissioner Carey suggested that is where they need to be in
partnership with the School Board to say if the County invests in putting
lights up, they would need to make a commitment for X number of years that they
are not going to move the bus stop.
Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board to say he
felt it was important to bring to their attention, since this is going to be an
ordinance that could have fines, etc., that he found one of the paragraphs to
be very confusing relative to the resident refuse container on page 3 of 7 (4th
paragraph). It states, “including
waterproof plastic bags” and he interpreted that as meaning there needed to be
a plastic bag inside the can. He
contacted Carol Hunter and Johnny Edwards, Environmental Services, who advised
the word “including” should be revised to say “and/or.” Mr. Darrah cautioned that it then would mean
the County is agreeing that plastic bags can be put at the curb. He added that many residents want that
because they put out their trash before going to work and don’t want a can
sitting there all day long. He thanked
everyone that worked on the ordinance and opined this is a good step
forward. Commissioner Carey thanked Mr.
Darrah for adopting rules in his own subdivision. Chairman Horan stated that staff will make
that sentence clear that they are not talking about having to have a bag inside
of the can.
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 Carey stated in regard to the disbursement of bears, one
person spoke about actually doing things to encourage bears to go back into the
forest with natural feeding and planting things, etc. She questioned whether there has been any
discussion at FWC regarding doing that in the state forest lands. Mr. Orlando stated she is talking about
diversionary feeding and they have explored a lot of these options. What they do is put food in the forest to
draw the bears away from the communities.
It has been moderately successful in other states like Minnesota. The issue of the long-term outlook is if they
are feeding bears away from the communities, while that may be successful by
having no bears for a while, the fecundity or the reproductive rate of those
bears seems to go pretty high because there is a stable food source. So, it is not something they are actively
engaging in at this point in time. They
also had multiple meetings about birth control.
PZP is something that other states have used in ungulates, but deploying
this in bears is much more difficult than with hoof stock like deer. He added that everything that has been
mentioned today, FWC has looked at and will continue to look at in the future.
Chairman Horan stated that Mr. Orlando had explained to him the
phenomenon of the urban bears having two or three cubs instead of one due to
their size. Mr. Orlando explained that
bears are very food driven so if they have a stable food source like garbage or
dog food and they are continuing to get 30,000 to 50,000 calories a day, they
get larger. The largest documented bear
in the state right now is 760 pounds and that came from Apopka. That bear is not a forest bear; it is a bear
that was eating garbage and pet food, etc.
When it comes to females, their reproductive success is linked to how
fit they are, and so if they are finding a stable food source like dog food,
bird seed and garbage, they can have more cubs, which contributes to the
population rise especially in the neighborhood areas.
Commissioner Carey thanked staff, the FWC, the haulers and citizens
who have taken time to continually communicate their concerns and ideas. She stated she is looking forward to getting
the information about the collaring program where they were collaring bears and
putting video monitors and GPS devices on them to try to understand their
habits and habitats. She added that
staff has worked very hard to try to draft an ordinance that really is not
going to be so burdensome that it cannot be implemented and monitored.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt and
authorize the Chairman to execute Ordinance #2015-33 amending the Seminole
County Code to include a new Chapter 258, Seminole County Urban Bear
Management, which addresses refuse collection and other wildlife management
techniques intended to reduce human-bear conflicts, and for other purposes, as
described in the proof of publication.
Commissioner Constantine stated Seminole County is the epicenter. He believes the holistic approach they are
continuing to work towards is the final answer, but putting together this urban
bear management area is a major step forward.
He opined that some thought this ordinance might be punitive, but they
have had nothing but support from the citizens, which shows the intelligence,
education and sincerity of the citizens of Seminole County. As mentioned by Mr. Wells, they need to keep
working with the haulers not only on the price, but also on the pickup
times. He added that Mr. DeMoor brought
up the point that eliminating the attractants will not eliminate the bears,
which they do not; however, that will eliminate the aggressiveness of the bears
proven by FWC and Wingfield North. With
FWC’s support and giving people 60 days to implement this, with education being
the most important component, with the acknowledgement that with this measured
approach, there will also need to be some tweaks, and with continuing to work
on the full implementation of bear resistant containers, he is very supportive
of this first step. He thanked staff,
the FWC and all the citizens who have supported this.
Commissioner Dallari suggested they send a letter with a copy of this
ordinance to the FDOT Secretary to address I-4.
Chairman Horan confirmed there
were no objections from the Board to direct the County Manager to
communicate to FDOT the need for exclusion fences on I-4.
Chairman Horan remarked that they can address public safety but they
cannot address the conservation issues; that is the role of the State. He added this is one step in many that will
be required to address this particular issue.
He opined all the governmental partners will be cooperating to get this
problem addressed in a responsible way, but the most important person in this
process is the citizen.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Chairman Horan recessed the meeting at 11:20 a.m. and reconvened at
11:30 a.m.
DISTRICT COMMISSIONERS’ REPORTS
District 3
Commissioner Constantine made the following
reappointments: Marianne King to the
Animal Control Board for a one-year term; Mark Wesson to the Contractor
Examiners Board for a one-year term; Cecil Tucker to the Historical Commission
for a two-year term; Elizabeth Murphrey to the Library Advisory Board for a
two-year term; and Jim Vickaryous to the Parks & Preservation Advisory
Committee for a three-year term.
Commissioner Constantine also appointed Don Dougherty to the Tourism
Development Council for a four-year term.
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Motion
by Commissioner Constantine, seconded by Commissioner Henley, to adopt
appropriate Resolution #2015-R-206 in appreciation of Frank Cirrincione for his
service on the Tourism Development Council.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Constantine reported that he
attended the East Central Florida Regional Planning Council this past
month.
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Commissioner Constantine advised there is an FWC/UCF/Wekiva Federal
Protection Area film that is being done using the cameras that were put on the
bears; however, it has not been completed quite yet. He added it is very short and believes they
would all enjoy seeing it. He will talk with
staff to see if there is an appropriate time to show it. He pointed out that at one point in the
movie, you see a bear that comes to a street in Seminole County and looks both
ways, twice, before it walks across the street to steal the garbage.
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Commissioner Constantine stated the MPO
Disadvantaged Board met on the 12th of last month. He added the Florida Regional Planning
Council sent him to a national conference in South Florida last week concerning
the sea level rising.
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Commissioner Constantine stated he and Chairman Horan attended the
Florida Association of Counties from the 18th to the 20th
this past month. One thing that was
brought up at that meeting, and he has asked staff to start looking into the
appropriate concerns, is that the latest mandate the State is looking to do is
to tell the County how, if, and why they will be handling fracking. He stated he understands that Seminole and
Orange counties are not in an area that is purported to have much need for
fracking, but he knows the concerns the Board has about mandates. The bill is taking away home rule unless a
county already has an ordinance in place.
He recommended that with the aquifer and the concerns about water
quality, it would be smart to put an ordinance in place banning fracking; and
if the circumstances or need changes, they could change the ordinance.
Commissioner Carey stated they need to be cautious about spending a
lot of staff time and directing staff unless the majority of the Board has an
interest in passing ordinances to preempt the State Legislature on issues that
do not even affect this county.
Chairman Horan stated he read in the paper today that Orange County
has passed an ordinance on this particular item.
Commissioner Dallari noted that he sits on a national board for
MetroPlan called NARC and they have had the topic come up. He stated that fracking is a huge problem in
a lot of states; for example, if Georgia is doing fracking, it will affect the
State of Florida through the aquifer and the rivers and streams. He added that fracking is a serious problem
that no one is addressing nationally.
Chairman Horan commented that he had attended, with limited interest,
a presentation at the Florida Association of Counties meeting which was a
debate between pro-fracking and anti-fracking.
It resulted in the association taking a stand against fracking and it is
part of its legislative priority. The
long-range effects of it surprised him for exactly the reason Commissioner
Dallari pointed out.
Discussion ensued as to the action, if any, the Board wanted to take
on this. Chairman Horan questioned
whether the Board would like staff to look at an ordinance, whether the benefit
exceeds the cost, or whether they just do this through a simple resolution.
The Board voiced no objections.
Chairman Horan added that there is a statement in the FAC legislative
package that is pretty good on this.
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Commissioner Constantine remarked that this County has lost a
wonderful man, a great advocate, and a friend to all of them, and someone who
has helped preserve the natural beauty of this county for years and years; on
Sunday, Russ Moncrief died. He added
that Mr. Moncrief was one of the founders of the “Friends of the Wekiva.” He announced that there will be a memorial
service at Katie’s Landing, which was named after his wife, who is now 90, at
2:00 p.m. this Saturday.
District 4
Commissioner Henley made the following
reappointments: Stephen Browne to the
Animal Control Board for a one-year term; Bernard Johns to the Board of
Adjustment for a four-year term; Bill Miller as the Building Contractor and
Deana Schott as a Consumer to the Contractor Examiners Board for one-year
terms; Carolyn Bistline to the Historical Commission for a two-year term;
Herbert Weissman to the Library Advisory Board for a two-year term; Robert
Bowden to the Parks & Preservation Advisory Committee for a three-year
term; and Cliff Miller to the Seminole County Port Authority Board for a
four-year term. Commissioner Henley also
appointed Robert Young to the Code Enforcement Board for a three-year term.
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Motion
by Commissioner Henley, seconded by Commissioner Carey, to adopt appropriate
Resolution #2015-R-207 in appreciation of Luis Diaz for his service on the Code
Enforcement Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
District 5
Commissioner Carey made the following
appointments and reappointments with terms beginning on January 1, 2016: appointed Michelle Quick to the Animal
Control Board for a one-year term; reappointed Steve Coover to the Board of
Adjustment for a four-year term; reappointed Bill Young to the Contractor
Examiners Board for a one-year term; reappointed Esther McKean to the
Historical Commission for a two-year term; appointed Jennifer Fillmon to the
Parks & Preservation Advisory Committee for a three-year term; and
appointed George Speake from the Sanford International Airport for a four-year
term to the Tourism Development Council.
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Motion
by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate
Resolution #2015-R-208 in appreciation of Mike Martin for his services on the
Parks & Preservation Advisory Committee; adopt appropriate Resolution
#2015-R-209 in appreciation of Diane Crews for her service on the Tourism
Development Council; and adopt appropriate Resolution #2015-R-210 in
appreciation of Gayle Hair for her service on the Animal Control Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Carey advised that the Sanford
Christmas parade will be this Saturday at 6:00 p.m. in downtown Sanford and on
Saturday, December 19, at 6:30 p.m. is the City of Sanford boat parade.
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Commissioner Carey announced that the gavel
she displayed at the last meeting that was made from wood of “The Senator” by
Bob Hughes of the Ole General Store has been completed. They will have a frame made for the gavel
that locks and it will travel from Chairman to Chairman’s office. It will then be used for special
circumstances like passing the gavel from one Chairman to the next and for other
ceremonial reasons.
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Commissioner Carey wished everyone a Merry
Christmas, happy holidays and safe travel.
District 1
Commissioner Dallari appointed John McGrath
to the Animal Control Board for the 2016/17 term and reappointed the following: Michael Harding to the Contractor Examiners
Board for swimming pools; Dan Shaw to the Contractor Examiners Board, plumbing
division; Eunice Mann to the Historical Board for a two-year term; and Ed
Ghiglieri to the Parks & Preservation Advisory Committee for a three-year
term.
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Motion
by Commissioner Dallari, seconded by Commissioner Constantine, to adopt
appropriate Resolution #2015-R-211 in appreciation of Therese Dickinson for her
service on the Animal Control Board from December 2014 until January 1, 2016.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari stated that Nelson
& Company want to develop their land in downtown Oviedo. They have been working with County staff and
the State to exchange .85 acres where the trail runs right through it. This has been vetted through County staff as
well as Oviedo city staff. He explained
they are requesting a letter of support, a copy of which was distributed to
each Commissioner’s office a couple of days ago.
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to approve and
authorize the Chairman to execute a letter in support of swapping land with
Nelson & Company for .85 acres located in downtown Oviedo owned by the
State of Florida.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari thanked everyone for a
great year and wished everyone a Merry Christmas and a great holiday.
District 2
Chairman Horan made the following
reappointments: Bryan Wilson to the Animal Control Board; Mike Bass to the Code
Enforcement Board; James Depoy and Marti Chan to the Contractor Examiners
Board; James Robison to the Historical Commission; Margie Wells to the Library
Advisory Board; Jay Zembower to the Parks & Preservation Advisory
Committee; Richard Jerman and Michelle Ertel to the Planning & Zoning
Commission; Bill Poe to the Seminole County Port Authority (SCOPA); Stanley
Weinroth to the Seminole County Industrial Development Authority (SCIDA); and
Bruce Skwarlo to the Tourism Development Council.
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Chairman Horan stated he attended a panel
discussion while at the FAC (Florida Association of Counties) Conference. The panel had three economic development
professionals from various counties, two in the Panhandle and one from Palm
Beach County. They had a two-hour panel
discussion about economic development and he discussed the successes here in
Seminole County and how they went about that and also participation of the
private sector. He thanked staff for
helping to prepare him for that and stated it was well received.
CHAIRMAN’S REPORT
Chairman Horan stated he had distributed the list of liaison
appointments to the Commissioners.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve
the list of Boards and Committees Liaison Appointments for January 1, 2016
(received and filed).
Districts 1, 2, 3, 4 and 5 voted AYE.
COMMUNICATIONS
AND/OR REPORTS
1. Letter dated October 26, 2015 from Noranne
Downs, FDOT, to Chairman Brenda Carey RE: renaming of SR 415 in Seminole County
to East Lake Mary Boulevard.
(C: Rick Morrow; Brett Blackadar; Randall Morris)
2. Letter dated October 27, 2015 from Ray
Valdes, Tax Collector, to Chairman Brenda Carey RE: 2015 unused revenue
contribution. (C: Commissioner Bob Dallari; Commissioner John
Horan; Commissioner Lee Constantine; Commissioner Carlton Henley; County
Manager Nicole Guillet)
3. Letter and enclosures dated October 29, 2015
from Luis Rodriguez, FEMA, to Chairman Brenda Carey RE: Case No. 15-04-7579R Conditional Letter of
Map Revision (CLOMR). (C: Tony Coleman; Chadwyck Moorhead; Louis Geys;
Kimberly Fischer)
4. Letter dated November 2, 2015 from Beth
Porter, Florida Gas Transmission Company, to Seminole BCC RE: Survey
Notification, Project: 12” and 26” Pipeline Relocation Project, Wekiva
Parkway.
5. Letter dated November 3, 2015 from Ken Reecy,
Florida Housing Finance Corporation, to Chairman Brenda Carey RE: Applications
for 2015 Housing Credits.
6. E-mail and attachment dated November 9, 2015
from Governor Rick Scott to Commissioner John Horan RE: Enterprise Florida.
7. Copy of letter dated November 10, 2015 from
Chairman Brenda Carey to Ray Eubanks, Florida Department of Economic Opportunity,
RE: Seminole County Comprehensive Plan Determination. (C: County Commissioners; Nicole Guillet;
Bruce McMenemy; Meloney Lung; Tina Williamson; Rebecca Hammock)
8. Copy of letter only dated November 10, 2015
from Chairman Brenda Carey to Ray Eubanks, Florida Department of Economic
Opportunity, RE: Transmittal of Proposed Large Scale Future Land Use Map
Amendment to the Seminole County Comprehensive Plan – Expedited State Review
Process for Suntera Park. (C: Board of County Commissioners; Nicole Guillet;
Bruce McMenemy; Meloney Lung; Tina Williamson; Rebecca Hammock; Joy Giles)
9. Copy of letter only dated November 10, 2015
from Chairman Brenda Carey to Ray Eubanks, Florida Department of Economic
Opportunity, RE: Transmittal of Adopted
Large Scale Future Land Use Map Amendment to the Seminole County Comprehensive
Plan – Expedited State Review Process for Legacy Pointe. (C:
Seminole County Board of County Commissioners; Nicole Guillet; Bruce
McMenemy; Meloney Lung; Tina Williamson; Melissa Clarke; Seminole County
Commission Records)
10. Letter and attachment dated November 19, 2015
from Ray Eubanks, Florida Department of Economic Opportunity, to Chairman
Brenda Carey RE: Seminole County Comprehensive Plan Amendment 15-3ESR.
11. Letter dated November 23, 2015 from Marva
Johnson, Bright House Networks, to Commissioner Brenda Carey RE: upcoming
changes to cable programming lineup.
12. Letter and attachment dated November 23, 2015
from Ray Eubanks, Florida Department of Economic Opportunity, to Chairman
Brenda Carey RE: Seminole County
Evaluation and Appraisal Notification Letter.
13. Letter dated November 24, 2015 from Ray
Eubanks, Florida Department of Economic Opportunity, to Chairman Brenda Carey
RE: Seminole County Plan Amendment No. 15-2ESR.
(C: Andrew Landis; Rebecca
Hammock)
14. Copy of approved 2016 MetroPlan Orlando Board
and Committees Meeting Schedule.
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Chairman Horan noted that included in this meeting’s Submissions is a
communication they received shortly after the last meeting from the Governor’s
Office concerning support for the continued funding and also economic
development efforts of Enterprise Florida, particularly the replenishing of the
Enterprise Fund and asking for either a resolution or a letter in support of
the initiative as part of the budget.
Chairman Horan questioned whether or not the Board would like to
consider a resolution or a letter. He
advised that FAC, in response to the same request, came up with some language
that did support this particular initiative but not necessarily in the terms
they exactly wanted.
Commissioner Carey advised she met with the Governor regarding this
funding support that he is looking for, and he asked that she and several
others reach out to their local delegation, which she has done with the
exception of David Simmons. (She was not
able to get in touch with him due to the holidays, but she will continue to try
to reach out to him.) She opined they
have been great partners with the State and have been the beneficiary of about
3,000 new jobs from some of the programs that the Governor has supported
through the State. She said she thinks a
letter of support would be quicker than a resolution at this point.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize
the Chairman to send a letter in support of replenishing the Enterprise Fund
for the economic development efforts of Enterprise Florida to be sent out
immediately.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Constantine stated they do not have what FAC wanted in
front of them and requested that the Chairman look to see if there is any
pertinent information that they may want to include in the letter. Chairman Horan responded that the FAC
statement was something that was substantively and materially spread across the
State of Florida. In other words, the
FAC statement addressed an issue that was not pertinent to Seminole County, so
he will not include that.
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Chairman Horan noted he had a discussion with Harry Barley, Executive
Director of MetroPlan Orlando, who made him aware of a fact that he found to be
very interesting. Of the 42 elected
officials who were in office at the time the SunRail agreements were signed, 8
of those elected officials are still in office and 3 of them are on this Board
of County Commissioners; a fourth member of this Board was intimately involved
in that as well. He noted that he brought
this fact up because obviously, going forward in the next several years, they
will be making some very important decisions about transportation in this
region and the institutional memory of a lot of the regional participation
exists right here on this Board. He has
been talking with the staff about some of the SunRail issues like connectivity
to public transportation, circulatory traffic, and the kinds of things that are
discussed all the time at MPO Alliance, LYNX, NARC, etc. He has asked staff for some suggestions as to
how they might go about this. He wanted
to open up the idea of having a work session on these types of issues and the
possibility of considering going out on some kind of an RFP or consultancy as
this relates to Seminole County. He added
connections need to be addressed in employment nodes like International
Parkway, Lake Mary, and Altamonte Springs.
He believes they can discuss those particular issues in a work session
so they can do some long-range planning, not just for the benefit of Seminole
County, but because what resides on this Commission really is the institutional
knowledge of how the region has been going about this for a long period of
time.
Commissioner Dallari advised he sat in on the last SunRail meeting as
an alternate and at the end of the meeting, they asked the Board to put
together various information; i.e. a timeline, a plan of switching SunRail over
from FDOT because there are five and one half years left, which will go by in
the blink of an eye. That information is
going to be put together by SunRail as well as MetroPlan and Mr. Bailey is
going to bring back to the MetroPlan meeting tomorrow a flow sheet about how
that will happen with LYNX, the Expressway Authority, SunRail, and MetroPlan. He stated the decision for what happens with
SunRail happens at the SunRail Board not at the LYNX Board. He agreed that what Chairman Horan is talking
about, other forms of transportation and interconnectivity, should most
appropriately be addressed by this Board.
He advised that on the MetroPlan Board, they are discussing BRT (Bus
Rapid Transit) in various key locations to get to other locations, i.e. the
airport and downtown Orlando. He added
that study money is available at MetroPlan and he believes a work session is quite
appropriate.
Commissioner Henley remarked that it is going to take quite a while
and effort to make the transition from FDOT.
They do not have any idea as to all the commitments FDOT made that will
be inherited because they have contracts with numerous people and
organizations. They do not know what the
impact is going to be on local agencies that will have to assume management and
operation of that. He added that connectivity
has been talked about ever since the rail began to roll, but not a great deal
has gone on in dealing with the connectivity, other than in Orlando where they
are trying to tie into the airport and they want to go to the coast, all of
which are reasonable requests from the standpoint of connectivity and the
impact upon the region’s economic development.
He stated he thinks it is well to request a work session to sit down and
begin to look at what they are going to inherit and the cost.
Commissioner Henley stated that in regard to future development, he
would also like to request that they begin to get some reports on where they
stand with the first generation sales tax, what they said they would do, what
they have finished or what is still ongoing.
He added they should also include the second generation and the third
generation so they can see what they pledged to do and how much they have been
able to accomplish. This might have some
impacts on what they want to do in the future as it relates to connectivity and
they can see if any of the priorities need to be adjusted.
Commissioner Carey questioned who the Chairman believes they should
include in the workshop and he responded it would first just be with County
staff and then it could expand beyond that depending upon what is developed out
of the initial workshop. Initially they
will be talking about the kinds of issues that Commissioners Henley and Dallari
identified that they have intimate knowledge of because of their participation
in SunRail, LYNX and MetroPlan. He can
foresee though in the future that they could have meetings with other parties
as well, but getting hold of their own problems first, having a real solid
understanding of what the connectivity and circulatory issues are in their own
county, how they relate to other counties, and knowing what their own financial
resources and needs are going to be is probably the first step.
Commissioner Carey pointed out that the decision they made to support
SunRail to move forward and the idea that they would take it over after seven
years was based on a set of facts that were going to happen based on the
forecast of FDOT. If those have not
happened, which some of them have not, she believes a bigger discussion
probably needs to happen, sooner rather than later. She knows, for example, Xerox has a contract
with SunRail, and SunRail has not paid them yet because they have not performed
as they are supposed to based on the contract.
On the other hand, the Turnpike just approved Xerox to be the toll
collector for the Turnpike Authority.
Commissioner Constantine stated he applauds the thought and idea of
getting ahead of the issue. At the local
level, there is the agreement made with the Signalmen’s Union and the amount of
money that will be expended on that. He
has not seen that it has been finalized; it may have been done internally, but
that was one of the biggest sticking points during the whole Tallahassee
debate. As hard as it was to pass that
legislation, to make any changes on that with the Legislature that would be
beneficial to the signatories, would practically be impossible.
Commissioner Dallari stated with regard to ticketing, the back of the
house and the front of the house and different multiple agencies do not
communicate.
Commissioner Henley stated at the last LYNX board meeting, they had an
unsolicited proposal that came in that wanted to move them towards a mobile
payment system. He asked a question as
to whether that was compatible with what is going on with SunRail because it
would change entirely the way they are doing things because you would be using
your cell phone to make payments.
Commissioner Dallari added that at the SunRail meeting, FDOT was
telling them that they were having problems with the platform kiosks because
there is fiber at some locations and coax cables, which is antiquated technology,
at other locations. It is not working
when trying to use Wi-Fi and they cannot figure out how to make that work.
Commissioner Carey stated there are a lot of operational issues that
need to be discussed and worked out, and again, it is supposed to be a fully
functioning operating system before they get it.
Commissioner Henley remarked it will take two to three years to make
the transition. He suggested that after
the initial work session, the Chairman may want to go ahead and schedule
something with the State to let them know they do not want this dumped on them.
Commissioner Henley suggested they revisit the initial agreements that
were signed as a kick off.
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Chairman Horan stated he passed out a list of the liaison
appointments. He reminded the Board
members that they are welcome to attend any of these meetings that are
appropriately and publicly noticed.
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Chairman Horan wished everyone, for this coming holiday season, love,
joy, happiness and peace, Merry Christmas and Happy New Year.
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Motion by Commissioner Carey, seconded by Commissioner Constantine, to
reappoint Brian Volk to the Sanford Community Redevelopment Agency.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Commissioner Dallari asked what the delay was with regard to the
Oviedo CRA. Ms. Guillet responded she
does not think they are ready to make an appointment until March or April based
on the terms of the agreement. She will
double check that. Commissioner Dallari
expounded that he just wants to ensure they have proper representation when
dollars are being spent.
ITEMS FOR FUTURE AGENDA
Natalie Hall, 1155 Thunder Trail, addressed the Board to explain it
has come to her attention that there is a possibility that the vacant plot of
land at Thunder Trail and Derbyshire in Seminole County will be donated to
Habitat for Humanity. She stated that
she just purchased the land next door and moved in six weeks ago. They have just started their family. She was told that the land next door was
going to be given to homeless people; however, she does not believe it is a
formalized proposal as of yet. Her
understanding is that there has not even been briefing on this matter, but she
just wanted to jump ahead and say they are the immediate next door neighbors. She believes it is to be donated to Habitat
for Humanity with a grant to build lower income homes; but again, she is not
really sure where this is in the pipeline.
They are concerned because they believe it would directly affect their
investment in their home because the size of the homes in the community are
much larger than the homes that would be built for Habitat (1,100 square feet)
and the value, she believes, would not exceed $75,000. She advised the homes in the community are
two and one half to four times that value and they would like for that to be
considered if in fact it is going to be a formalized proposal to move forward
in the future.
Ms. Guillet explained the property Ms. Hall described is owned by the
County and has been identified as surplus property. They do try to utilize surplus property where
it is appropriate to meet affordable housing needs. They are in a due diligence period right now
looking at that property to see what the appropriate use is. She further explained that any disposition of
the property would come back before the Board, probably at the end of January,
and staff will be in a position to make a recommendation from a staff
standpoint.
Ms. Guillet requested that Ms. Hall leave her contact information with
Bruce McMenemy, Deputy County Manager, and they will make sure that Ms. Hall
gets notice of the meeting when that item will be considered by the Board if it
is something they even advance based on the due diligence they are doing right
now with respect to that property.
COUNTY ATTORNEY’S REPORT
Bryant Applegate, County Attorney, advised that Melissa Clarke,
Assistant County Attorney, has accepted a position with the City of Orlando
Attorney’s Office and stated this is a great opportunity for her. He expressed that all the staff that she has
worked with through the years just love her and they will miss her. He wanted to say publicly how much he
personally valued her friendship and support.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 4:20 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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