BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 25, 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, August
25, 2015, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman John Horan (District 2)
Commissioner Robert Dallari (District 1)
Commissioner
Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court and Comptroller Maryanne
Morse (late)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Erin Leben
Pastor Charles Higgins, Jr., Westview
Baptist Church, Sanford, gave the Invocation.
Commissioner Horan led the Pledge of Allegiance.
Maryanne Morse, Clerk of the Circuit
Court and Comptroller, entered the meeting at this time.
BUSINESS SPOTLIGHT
The Business Spotlight video for The
Aviation Institute of Maintenance was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – A-1148-15
Dr. Walt
Griffin, Superintendent of Seminole County Public Schools, addressed the Board and
distributed an informational handout (copy received and filed). Dr. Griffin stated the Commissioners have
heard a lot about testing and about Seminole County Public Schools being a
little disruptive in their approach in that they are not going to accept the
status quo. They want to do something
different for their students and for their citizens because that is what is
most important to them.
Dr.
Griffin explained that Florida has transitioned to the Florida Standards and
they now issue the Florida Standards Assessment (FSA). The Florida Standards are aligned over 90% to
Common Core Standards. He noted the
Florida Standards Assessment is aligned to both Common Core and to Florida Standards.
Dr.
Griffin stated Seminole County Public Schools (SCPS) issued the FSA last spring
like every other district in the state of Florida. He stated he knows some of the Commissioners and
the Seminole County School Board members heard from very concerned citizens
about the amount of time students are being tested. Dr. Griffin advised SCPS is not afraid of
accountability; they welcome accountability.
They were just ranked number one for advanced math and science in the
entire state. He explained they are afraid
of a loss of valuable instructional time to test, the loss of valuable
purchases of millions of dollars’ worth of computers that should be utilized in
classrooms but are being tied up for extensive testing. He is also concerned with the fact that 29
days of middle school and 31 days of high school were disrupted due to
testing.
Dr.
Griffin advised they want to ensure that whatever recommendation they make, they
get the results back in a timely manner.
He stated Seminole County administered the FSA in spring and as of
August 25th, they have still not received the results. He explained that means they have placed their
students in summer school and in courses based on their own data. Dr. Griffin stated he wants to be crystal
clear that getting these results is going to take an extra-long time because
they have to “norm” the Florida Standards item by item, do a test spec, as well
as validate the administration of the test. He stated they do not have test results yet,
so by the time they get those test results, SCPS will be well into their second
week of school.
Dr.
Griffin stated the School Board wants to bring forth a solution. He referenced a letter from Seminole County Public
Schools to Commissioner Pam Stewart, Florida Department of Education (FDOE). Dr. Griffin stated they are asking Commissioner
Stewart for her support because this would take a legislative change, a change
in the law. They know what they are
asking for is not in the statute right now, and that is to back away from this
time-consuming test that still has not been validated and consider the use of a
nationally normed test. He stated they
gave the examples of the Iowa Tests of Basic Skills (ITBS), PSAT/SAT and added there
are many different off-the-shelf tests that would work.
Dr.
Griffin stated they do not believe that one test should be so high stakes. He explained that right now in order for a
student to earn a diploma, they have to meet a certain cutoff score in reading
on the Florida Standards Assessment. They
believe that making one test so high stakes is wrong because students can earn
their graduation by proving themselves academically in a variety of ways. He discussed options to the FSA that would
allow students to earn their diplomas. He
reiterated the idea of one test being such a high stakes test, whether it is the
FSA or something else, is not in the best interest of the students.
Dr.
Griffin stated Seminole County Public Schools has been very vocal in bringing
forth a solution and trying not to complain.
He advised that elected officials have asked them what they could do
differently and the whole purpose of this was to spur on discussion across the
state. He noted that has taken
place. He expressed their appreciation of
the BCC’s consideration of supporting the School Board's position. He stated he is very proud of the members of
the School Board and noted their depth of knowledge is right where his is. They have worked side by side on doing what is
best for the students of Seminole County.
Chairman
Carey thanked Dr. Griffin for his presentation.
She stated she knows they are trying to be positive about this and offer
solutions; unfortunately, they are not being well received, at least
originally. She hopes they can change
the minds of some of the people in Tallahassee.
Upon
inquiry by Commissioner Dallari, Dr. Griffin advised they are asking for a
short letter indicating the BCC’s support for the School Board's solution. Commissioner Dallari agreed that something
needs to happen. He stated he has read the
letter to Commissioner Stewart in great detail and added he has had several
conversations with Dr. Griffin as well as members of the School Board to
discuss this issue. He stated something
needs to be done and thinks this is a good first step. He believes the BCC should support the School
Board in this endeavor and would like to see what the other Board members would
like to do. He mentioned hopefully the
BCC can sign the existing letter.
Commissioner
Dallari stated he thinks as Dr. Griffin is reaching out to other school board districts,
the BCC should be reaching out to other counties asking for their support as
well as getting their state lobbyists involved.
He opined this is something that is very important, not just to the
School Board, but to the entire County and all the citizens of the state of
Florida.
Chairman
Carey asked Dr. Griffin if he addressed this issue at the Florida School Boards
Association (FSBA) Conference. Dr.
Griffin responded yes, the School Board members have sent this letter out to
the entire congregation, the entire Florida School Boards Association. He added he will be speaking at the FADSS
(Florida Association of District School Superintendents) at the end of
September. Chairman Carey noted that two
of the Commissioners are active in the Florida Association of Counties
(FAC). She thinks this could be discussed
there as well as some of the task forces because this is an ongoing issue. She remarked that a big part of why businesses
want to locate in Seminole County is because of the high quality schools. She noted it is important to get this
right.
Commissioner
Henley stated he thinks the Board should adopt a Resolution in support of this
effort. He believes the amount of lost
instructional time is significant, as well as being disruptive. He commented American schools already have
the shortest school year of all the industrialized nations and then their instructional
time is shortened even more with this disruptive testing, which is driven by
the vendor because it is quite a lucrative business to the manufacturers of the
tests. He noted that the Iowa Tests were
used in the 50s. He stated they are
still a good measure, much better than the expensive tests that are given now
that have not been validated, but they are promoted by the vendors and are
extremely expensive. Commissioner Henley
advised he thinks the Board needs to do what they can to help the legislators
become educated to deal with this appropriately. He commended Superintendent Griffin for taking
the time and the initiative to try to bring about a positive change.
Commissioner
Horan stated he read Seminole County Public Schools’ letter. He advised he read the Commissioner's
response and was disappointed in her response both in substance and
particularly in tone. He stated he is in
favor of a Resolution or letter or whatever the Board wants to do in support of
the alternative proposals.
Commissioner
Horan stated when there is a situation where there is a brand new testing
protocol, the computers do not work, and then they do not get the results back
and never review them with the students before they are back in school, and that
does not make any sense to him. He opined
it also does not make any sense that the Commissioner says the standardized
tests that have been used for decades are not really good bases for measuring
student assessment now, but then they give a bonus to some teacher who may have
scored highly on the ACT or the SAT years ago.
He feels even though this is Seminole County Public Schools’ bailiwick,
he does not have any problem supporting them in this because he thinks they are
on the right path.
Commissioner
Constantine stated he has had a number of conversations with Dr. Griffin
regarding the concerns with testing both before he left the Legislature and
now. He explained the Legislature
started the testing because there were not any standards to judge by and people
continued to call Florida one of the worst education systems in the United
States. Today, in looking at various
rankings, Florida is much higher. He
advised he has always been proud of the fact that Seminole County is so far
above almost all the other 67 counties with the exception of a couple.
Commissioner
Constantine stated he thinks the problem that has occurred is that they see the
results of certain testing, which brought success, and then everybody rushed to
do more and more testing. He advised there
is a balance and they have gone far over that. He added he has seen that in the last four or
five years where they have really gone way over in this testing and it has
moved from education to actual testing and that is all they really care
about. He stated he is in support of the
Resolution requesting alternatives and solutions that is being proposed
today.
Chairman
Carey commented that from a timing standpoint, she thinks a letter would be
much quicker because the next time the Board will be together to approve a
Resolution would be the second meeting in September. She requested the County Manager work with
Dr. Griffin's staff to draft a letter.
She thinks attaching the letter from Dr. Griffin to Commissioner Stewart
and sending it to the Governor, all the Cabinet members, legislators and
Department of Education would be important.
Commissioner Dallari agreed to the letter and added he thinks it would
be prudent due to the time element. He
advised he thinks the Board should also send out an additional letter with the
Chairman’s signature to the surrounding counties asking them to assist in this
important issue.
Chairman
Carey requested Commissioner Horan and Commissioner Constantine bring this up in
their roles at the Florida Association of Counties to try to get this issue as
an item of discussion. She stated she
knows the quality of the schools is important to most of the counties. She noted while it is not the Board’s
responsibility, it is an important thing for the counties in Florida; and she
thinks that they would all like to have it a little easier, certainly if they
have students in school. She opined it
is really sad that students who graduated last year did not get their test
results yet because who knows if that may have changed something or not. She stated she thinks it is not fair to the
families that have students in the school system that they cannot even get the test
results before that year ended and the next year has started. She opined there is a lot of work to be
done.
Chairman
Carey reiterated her request that Ms. Guillet work with Dr. Griffin's staff to draft
a letter, attach Dr. Griffin’s letter, and send it to the Governor, the Cabinet
members, legislators and Department of Education. She stated they will try to get the letter
out this week.
Motion by Commissioner Horan, seconded
by Commissioner Dallari, to authorize the County Manager to draft an
appropriate letter to the Commissioner of the Florida Department of Education,
copied to the legislative delegation, the Governor, the Cabinet members, and
neighboring counties, asking for their support; authorize the Chairman to
execute the letter; and to raise this issue with the Florida Association of
Counties.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner
Dallari stated before they move on, he wanted to mention that the owners of
Wekiva Island, Mary Sue and Bill Weinaug were present. He announced on August 23rd, Wekiva
Island was the focus of the Travel Channel’s program “America’s Secret Swimming
Holes.” In the portion of the program
featuring Wekiva Island, Ms. Weinaug described Seminole County as a great place
to live and play. Commissioner Dallari
thanked Ms. Weinaug. He commended Mr.
and Mrs. Weinaug on what they have done with that little piece of heaven.
Chairman
Carey stated SGTV is looking for content and she thinks they can work out the
details with national channels such as the Travel Channel to allow SGTV to use and
replay things that have featured Seminole County on other channels.
Commissioner
Constantine commented Sunday is not the first time the episode aired and it has
been shown quite a few times. He added
every time Ms. Weinaug gets on camera, she does not stop talking about the
positives of Seminole County.
COUNTY
MANAGER’S CONSENT AGENDA
With
regard to public participation, no one spoke in the audience spoke in support
or in opposition to the Consent Agenda, Items #2 through #31, and public input
was closed.
Nicole
Guillet, County Manager, stated there is an add-on, Item #2A, Collective
Bargaining Agreement with the Seminole County Professional Firefighters
Association. Chairman Carey submitted
her ex parte communications regarding Item #2A into the record.
Commissioner
Henley requested that Item #20, acceptance of the Orlando North/Seminole County
rebranding initiative, and Item #22, Agreement with the Central Florida Sports
Commission to provide enhanced sports business development, event booking, and
sports marketing services for the Seminole County Sports Complex and other
Seminole County recreation and sports venues, be pulled for a separate discussion.
Commissioner
Constantine requested that Item #2, Contract for Sale and Purchase of Land for
property located at 2907 through 2925 U.S. Highway 17-92 with Ramy Properties;
and Item #25, Settlement Agreement regarding Cove Lake Dredging Project and
Riverbend Park with Sweetwater Oaks Homeowners Association, Inc. be pulled for a separate discussion.
Motion by Commissioner Horan, seconded
by Commissioner Constantine, to authorize and approve the following:
County
Manager’s Office
Business
Office
2A. Authorize
the County Manager to execute the Collective Bargaining Agreement with the
Seminole County Professional Firefighters Association, Local 3254, A-Unit. (A-1205-15)
Human Resources Division
3. Approve the benefit plan changes/renewals for Florida
Blue, HealthEquity, Allstate, and Solstice; and authorize the County Manager to
execute the renewal Agreements. (A-1175-15)
Community Services
Business Office
4. Approve and authorize the Chairman to execute
the Community Development Block Grant (CDBG) Cooperation Agreements with the Cities
of Altamonte Springs, Casselberry, Lake Mary, Longwood, Oviedo, and Winter Springs.
(A-1139-15)
Community Assistance Division
5. Approve and authorize the Chairman to execute
the First Amendment to the Seminole County/SafeHouse of Seminole County Emergency
Shelter Program Subrecipient Agreement, extending the term date to March 31,
2016. (A-1132-15)
6. Approve the acceptance of
the 2015-2016 renewal grant award from the U.S. Department of Housing and Urban
Development (HUD) for the Continuum of Care (CoC) Grant Program in the amount
of $117,975; and authorize the Chairman to execute the Agreement on behalf of
the County in accordance to Administrative Code Section 22.20 D(a)(2). (A-1129-15)
7. Approve the acceptance of
the 2015-2016 renewal grant award from the U.S. Department of Housing and Urban
Development (HUD) for the Continuum of Care (CoC) Grant Program (Shelter Plus
Care 1) in the amount of $357,043; and authorize the Chairman to execute the Agreement
on behalf of the County in accordance to Administrative Code Section 22.20
D(2)(a). (A-1128-15)
Community
Development Division
8. Adopt appropriate Resolution
#2015-R-142, appointing Alton Williams, Melvin Philpot, Kip Beacham, Sheron
Binkley, Joshua DeVinney, and Jay Zembower, to the Seminole County’s Affordable
Housing Advisory Committee (AHAC), as required by Chapter 420, Part VII,
Florida Statutes, including Chapter 420.9076 as well as Section 40.267 of the
Seminole County, Florida Code of Ordinances and Section 4.4 of the Seminole
County Administrative Code. (A-1146-15)
9. Approve and accept the
Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties
acquired by Seminole County Government. (A-1134-15)
10. Approve and authorize the Chairman to execute
the State Housing Initiatives Partnership (SHIP) Program Annual Report and
Local Housing Incentives Certification form for the State Housing Initiatives
Partnership Program (SHIP) Annual Performance Report (APR). (A-1133-15)
Development
Services
Planning
& Development Division
11. Approve the plat for the Griffith Estates Subdivision
containing 3 lots on 20.3 acres zoned A-5 (Rural Zoning Classification/Rural
Subdivision Standards), located on the north side of Lake Harney Road,
approximately 1,100 feet west of Harney Heights Road; W. Duane Griffith. (A-1103-15)
12. Adopt appropriate Resolution #2015-R-143, vacating
and abandoning a portion of a platted 8-foot drainage easement on Lot 136, Steeple
Chase, as recorded in the Public Records of Seminole County in Plat Book 78,
Pages 59 through 63, more particularly known as 4007 Equine Cove; David Williamson.
(A-1041-15)
13. Approve and authorize the Chairman to execute
the Memorandum of Understanding with RB Jai Alai, LLC regarding the components
and conditions to be considered based upon the recommendations of the Oxford
Road Long Range Redevelopment Plan, on property generally located on the southeast
quadrant of the SR 436/U.S. 17-92 intersection; Jim Sellen, VHB, Inc. (A-1152-15)
Environmental
Services
Business
Office
14. Approve the appointments of Terrence McCue as
representative and Debra Smith as alternative member to the South Seminole
North Orange County Wastewater Transmission Authority Board (SSNOCWTA); and
authorize the County Manager to transmit a letter to Mr. Ed Gil de Rubio, Executive
Director of the South Seminole North Orange County Wastewater Transmission
Authority advising him of the appointments. (A-1178-15)
Solid Waste Management Division
15. Approve and authorize the Chairman to execute
a Certificate of Public Convenience and Necessity for Perma-Fix of Florida,
effective from October 1, 2015 through September 30, 2016. (A-1119-15)
16. Approve and authorize the Chairman to execute
Certificates of Public Convenience and Necessity for companies as follows: Comfort
House, Inc.; Conex Recycling Corporation; GLE Scrap Metal-Florida, Inc.; Keller
Outdoor, Inc.; Orlando Waste Paper Company, Inc.; Pronto Dumpsters, LLC;
Trademark Metals Recycling, LLC; and USA Services of Florida, Inc., effective
from October 1, 2015 through September 30, 2016. (A-1108-15)
17. Approve eight new Utility Easements; five Access
Easements; and a Memorandum of Understanding (MOU) with Florida Power &
Light Company for the reconstruction of overhead power lines to be realigned on
the Yankee Lake Property. (A-1031-15)
Leisure
Services
Greenways
& Natural Lands Division
18. Approve and authorize Chairman to execute an
Agreement with Archangel Ancient Tree Archive for the collection of samples and
cloning of the “Lady Liberty” bald cypress tree. (A-1104-15)
19. Approve and authorize the Chairman to execute
an Ingress and Egress Access Easement Agreement with Doris B. and Richard
Holcomb for easements located along common property lines with the Seminole County
Sports Complex facility. (A-1160-15)
Tourism
Development Division
21. Approve and authorize the Chairman to execute
a Tourist Tax Funding Agreement with Central Florida Softball Organization in
the amount of $9,600 for the 2015 ASANA Softball World Series to be held
October 19 through 24, 2015. (A-1157-15)
23. Approve and authorize the Chairman to execute
the First Amendment to the Tourism Sports Marketing Agreement with the Central
Florida Sports Commission to provide additional funding for startup costs
associated to increased marketing and business development efforts related to
the Seminole County Sports Complex in the amount of $19,274.50. (A-1181-15)
Public Works
Engineering
Division
24. Adopt appropriate Resolution #2015-R-144, and
authorize the Chairman to execute a Local Funding Reimbursement Agreement, and
a Three-Party Escrow Agreement with the State of Florida, Department of
Transportation, for the widening and reconstruction of State Road 46 from Mellonville
Avenue to State Road 415. FDOT Financial Management Numbers 240216-2-52-01 and
240216-2-A8-01. (A-0859-15)
Resource
Management
Business
Office
26. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-145, implementing Budget Amendment Request (BAR)
#15-105 in the amount of $25,419, to reduce the Adult Drug Court Grant
carryforward from FY2013/14 to FY2014/15 to match the approved Adult Drug Court
grant award total. (A-1107-15)
Budget and
Fiscal Management Division
27. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-146, implementing the Budget Amendment Request (BAR)
#15-104 through the General Fund to reallocate $12,227 of operating budget for
the creation of a secondary egress within the Five Points Radio Transmitter Site.
(A-1147-15)
28. Approve and authorize the Chairman to execute
appropriate Resolution #2015-R-147, implementing Budget Amendment Request (BAR)
#15-108 through the General Fund to recognize revenue from the Orlando City Soccer
Club utility reimbursement and appropriate budget in the amount of $21,818 for
Sylvan Lake Park. (A-1126-15)
Purchasing
& Contracts Division
29. Award IFB-602281-15/TLR, Term Contract for
Annual Hose Testing Services for Public Safety to 1st American Fire Services,
Palm Harbor; and authorize the Purchasing & Contracts Division to execute
the Agreement. (A-1131-15)
30. Award IFB-602315-15/TLR, Term Contract for
Fuel Storage Tank Inspection and Repairs to Petroleum Equipment Construction,
Inc., Apopka; and authorize the Purchasing & Contracts Division to execute
the Agreement. (A-1099-15)
31. Award IFB-602317-15/TLR, Term Contract for
Exterior Window Cleaning to Awnclean, USA, Inc., Tampa; and authorize the
Purchasing & Contracts Division to execute the Agreement. (A-1100-15)
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item
#2 –
A-1182-15
Regarding Item
#2, the Contract for Sale and Purchase of Land for property located at 2907
through 2925 North U.S. Highway 17-92 with Ramy Properties, LLC, Commissioner
Constantine stated he asked this item be pulled to highlight this particular
issue because the County is purchasing a piece of property on 17-92. He advised Bruce McMenemy, Deputy County
Manager, has been the individual negotiating the purchase.
At the
request of Commissioner Constantine, Bruce McMenemy, Deputy County Manager, addressed
the Board to state when asked by Commissioner Constantine if this is a purchase
the County has to make right now, he thinks the answer is no and added there
are very few purchases the Board has to make at any particular time. Mr. McMenemy stated this is a purchase that
is very prudent given the property, the location, and the fact that they were
able to negotiate a very good arrangement where they are basically getting the
property about 16% less than market value.
He stated with the County Manager's assistance, they have put together a
list of options where the County can use this property for a variety of different
things. He opined strategically, this is
a prudent purchase looking forward.
Upon
inquiry by Commissioner Constantine, Mr. McMenemy stated this property is being
purchased through the Solid Waste Fund.
Chairman Carey commented that is because the property is adjacent to the
Central Transfer Station. Mr. McMenemy
advised he thinks this is a very prudent use of those funds in that those funds
right now are not productive in the sense that they are generating a lot of
interest. The amount of interest the
County earns in those funds in very miniscule.
He opined to use funds in this fashion is extremely prudent for the
Board to look down the road, look for items and uses that will be very
beneficial to the citizens going forward.
He commented the Board has always had the view of very forward thinking
and he thinks this is just another example.
Commissioner
Constantine explained the reason he brought this up is sometimes when they are
doing these things that are farsighted and looking to the future, it should be
spotlighted instead of just put on the Consent Agenda because it is important
that people know what the County is doing and why they are doing it, especially
when they are purchasing property of this amount.
Motion by Commissioner Constantine,
seconded by Commissioner Horan, to approve the Contract for Sale and Purchase
of Land for property located at 2907 through 2925 North U.S. Highway 17-92 in
unincorporated Seminole County, Parcel ID: 21-20-30-5AP-0000-0020, and Parcel
ID: 21-20-30-5AP-0000-002A, for the purchase price of $3,750,000 from seller,
Ramy Properties, LLC.
Under
discussion, Commissioner Horan stated he wanted to put this into context so
that everyone understands that this is a piece of property that is contiguous
to the County’s Central Transfer Station. He explained this purchase will then allow the
County to have a contiguous and continuous piece of property between SR 419 and
U.S. 17-92, which will improve or has the potential to improve the traffic flow
and ease of circulation through the Transfer Station for the public. He added it will also give the County some
opportunities for other co-locations or co-uses.
Commissioner
Henley echoed Commissioner Horan’s comments regarding traffic improvements. He noted this is not the first time the Board
has looked into purchasing that property.
Several years ago they considered it, but in being patient, he thinks
they got it at a better price. Commissioner
Henley added that at the time, they looked at the Nissan property as a
potential property as well. He opined
this is a good and wise purchase. He
thanked Mr. McMenemy for what he has done.
Chairman Carey commented it is certainly a well-positioned piece of
property. She added that this is also an
opportunity to repurpose a former dealership that has been closed.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
Agenda Item #20 - A-1144-15
Regarding Item #20, request to approve and authorize the
acceptance of the Orlando North/Seminole County tourism rebranding initiative
to include tourism logo and tourism organization name as recommended,
Commissioner Henley advised he is not interested in trying to change anybody's
mind; he simply wants to register a “no” vote.
Motion by Commissioner Horan, seconded
by Commissioner Constantine, to approve
and authorize the acceptance of the Orlando North/Seminole County tourism
rebranding initiative to include tourism logo and tourism organization name as
recommended.
Districts
1, 2 and 3 voted AYE.
Chairman
Carey and Commissioner Henley voted NAY.
-------
Agenda Item #22 - A-1154-15
Commissioner Henley stated he requested Item #22, performance-based
Agreement with the Central Florida Sports Commission, be pulled so he can
register a “no” vote. He stated he thinks
it has been discussed enough.
Motion by Commissioner Dallari,
seconded by Commissioner Constantine, to approve and authorize the Chairman to
execute a performance-based Agreement with the Central Florida Sports
Commission to provide enhanced sports business development, event booking, and
sports marketing services for the Seminole County Sports Complex and other
Seminole County recreation and sports venues.
Under
discussion, Commissioner Constantine stated he is in support of this agreement,
but wanted to reiterate the concerns he voiced at the Budget Work Session
regarding the mishmash of different groups that are involved. He stated they have discussed this and he
understands that staff is going to be very careful. He just wanted to once again make sure that
everyone understands that they will be watching closely and making sure people
are not stumbling over one another or taking the opportunity to say that something
is not their job in putting these different programs with various parties. He restated he is very concerned about
this. He stated he trusts that staff
knows how they are going to put this together and added the County Manager has assured
him that she is on top of it.
Commissioner
Horan stated he thinks all five Commissioners have the same concerns regarding
the different parties. He stated there
are a number of parties who are going to be involved in business development,
marketing, sponsorship, naming rights, et cetera, of the Sports Complex. He advised he shares Commissioner
Constantine’s concern that not only the parties not be siloed, but that they
communicate effectively with each other.
Commissioner
Horan stated he has discussed this at length with staff and this is going to be
a contract administration responsibility of the very good people the County has
in Parks & Recreation and the managers of the Sports Complex. He expressed he has every confidence that the
people involved are highly professional and highly committed. He stated they are going to be continually communicating,
and added they are all going to be dedicated to the success of making maximum
use of the business development for the Sports Complex and also expanding our
Tourism as it should be into the leisure market.
Districts
1, 2, 3 and 5 voted AYE.
Commissioner
Henley voted NAY.
-------
Item #25 - A-1137-15
Commissioner
Constantine noted Jason Howard, President of Sweetwater Oaks Homeowners
Association, was present. He stated he
requested Item #25, Settlement Agreement regarding Cove Lake Dredging Project
and Riverbend Park with Sweetwater Oaks Homeowners Association, Inc., be pulled
for discussion to compliment Mr. Howard on bringing his concerns forward and
his persistence in working with staff.
He commended staff on their work to find a solution that makes both the
Homeowners Association and the County very comfortable in the outcome.
Motion by Commissioner Constantine,
seconded by Commissioner Horan, to approve and authorize the Chairman to
execute the Settlement Agreement regarding Cove Lake Dredging Project and
Riverbend Park with Sweetwater Oaks Homeowners Association, Inc. for the sum of
$15,737.50.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL
OFFICERS’ CONSENT AGENDA
Agenda Item
#32 – A-1150-15
Motion by Commissioner Constantine,
seconded by Commissioner Henley, to approve the following: Expenditure Approval
Lists dated July 27 and August 3, 2015; Payroll Approval List dated July 25,
2015; the BCC Official Minutes dated July 28, 2015; and Board execution of the
2014 Property Tax Roll Final Report, identifying errors, insolvencies, double assessments
and discounts.
Districts
1, 2, 3, 4 and 5 voted AYE.
-------
The
Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Performance
Bond #1961795 for Private Roads in the amount of $698,608.43; Performance Bond
#1961796 for Water and Sewer Systems in the amount of $136,102.85: Bellevue
Plat; and Title Opinion.
2. Development
Order #15-27500025, Alcoholic Beverage License, Saint Anejo Mexican Kitchen
& Tequileria, Joel Rios.
3. Board
of Adjustment Approval Development Orders as follows: #15-30000035, Setback
Variance, Quail Circle, Kevin T. and Shannon N. Ehrlich; #15-30000036, Setback
Variance, Poinsettia Drive, Sebastian Forbis and Sandra N. Forbis-Rosenheimer;
#15-30000041, Setback Variance, Canal Point Road, Lora C. Costantini;
#15-30000039, Variance, Jasmine Road, Jessica & Chad Robinson;
#15-30000040, Variance, Tala Loop, Mohamedraza & Shabnum Moledina;
#15-30000042, Variance, Ranch Road, Thomas S. Deckrow & Holly A. Johnson;
and #15-32000003, Special Exception, Haven Drive, Lutheran Haven Nursing Home
& Assisted Living Facility, LLC.
4. Denial
Development Order #15-30000038, Setback Variance, Milinda Lane, Kenneth R. and
Vonda Sexton.
5. Utility
Easement with Orangewood Christian School, Inc.
6. Bill
of Sale for the Acceptance of Potable and Reclaimed Water and Sewer Systems for
the project known as Steeple Chase, Ph 2, Tract N, Taylor Morrison of Florida,
Inc.
7. Parks
Contract for Services with Darryl Brett Porche.
8. Amendment
#2 to Work Order #10 to PS-1666-07, Inwood Consulting Engineers.
9. Amendment
#1 to Work Order #73 to PS-4388-09, Inwood Consulting Engineers.
10. Work
Order #91 to PS-4388-09, HNTB Corporation.
11. Corrected
Closeout to Work Order #18 to CC-5075-10, AJC Construction.
12. Amendment
#1 to Work Order #6 to PS-8146-12, CDM Smith, Inc.
13. Amendment
#1 to Work Order #23 to PS-8186-13, Hazen and Sawyer, P.C.
14. Amendment
#2 to Work Order #28 to CC-8199-12, C.E. James, Inc.
15. Corrected
Closeout to Work Order #25 to CC-8199-12, C.E. James, Inc.
16. Amendment
#1 to Work Order #58 to RFP-8312-12, Chief Inspection Services.
17. Closeout
to Work Order #6 to CC-9184-13, Central Florida Environmental Corp.
18. Change
Order #1 to Work Order #6 to CC-9184-13, Central Florida Environmental Corp.
19. Change
Order #1 to Work Order #15 to CC-9192-13, Linton Enterprises, Inc.
20. Corrected
Closeout to CC-9276-14, Central Florida Environmental Corp.
21. Work
Order #2 to PS-9738-14, E Sciences, Inc.
22. Change
Order #3 to CC-9909-15, CMI Environmental, LLC.
23. Amendment
#1 to RFP-602203-15, Raynor Shine Services, LLC.
24. Amendment
#1 to SS-602231-15, PublicStuff, Inc.
25. Master
Lease Purchase Agreement #2719216349 with Hewlett-Packard Financial Services
Company, Inc., as part of RFP-602268-15.
26. Bids
as follows:
IFB-602315-15
from Petroleum Technicians, Inc.; Petroleum Equipment Construction, Inc.;
Guardian Fueling Technologies, Inc.;
IFB-602317-15
from Ace Building Maintenance & Marble Restoration, Inc.; Liberty Services;
Tribond, LLC; Florida Cleaning Systems; D&A Building Services, Inc.; BAS of
Florida, LLC; A1 Orange Cleaning Service Co. Inc.; Awnclean, USA; and
IFB-602318-15
from American Fire Company; Space Coast Fire and Safety, Inc.; DynaFire;
Protective Systems Holdings LLC; Cintas Fire Protection.
Districts
1, 2, 3, 4 and 5 voted AYE.
REGULAR
AGENDA
Agenda
Item #33 – A-1095-15
Pamela
Lynch, Business Development Manager with Economic Development, addressed the
Board to present a request to consider approval of a Resolution recommending
that Paylocity Corporation be approved as a Qualified Target Industry Business;
and approval of the County’s required Local Financial Support of $88,000 over FY2016/17
through FY2023/24, as local participation in the QTI tax refund program.
Ms.
Lynch reviewed details of the Qualified Target Industry Business program. She reviewed the request as outlined in the agenda
memorandum. On July 9th the
City of Lake Mary approved their equal participation of $88,000 at their City
Commission meeting. She advised staff
recommends approval of the request and offered to answer any questions the
Board may have. She noted Jim White,
Director of Accounts with Paylocity Corporation, and Casey Barnes, Vice
President, Business Development, Orlando Economic Development Commission, are
present as well.
With
regard to public participation, no one in the audience spoke in support or in
opposition and public input was closed.
Motion by Commissioner
Horan, seconded by Commissioner Constantine, to adopt appropriate Resolution
#2015-R-148 recommending that Paylocity Corporation be approved as a Qualified
Target Industry Business; and approve the County’s required local financial
support of $88,000 over FY2016/17 to FY2023/24, as local participation in the QTI
tax refund program.
Under
discussion, Commissioner Constantine commended Ms. Lynch on getting these
programs tighter and addressing many of the criteria he has asked her to
address.
Districts
1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER AND STAFF BRIEFINGS
Agenda Item #34 – A-1127-15
The Board noted, for
information only, the Informational Budget Transfer Status Report for FY2014/15
(July 2015).
COUNTY ATTORNEY BRIEFING
Bryant Applegate, County
Attorney, reported that late last night he found out the Putnam County Environmental Council’s challenge to the Fourth Addendum
to the St. Johns River Water Management Plan will not be heard at next week's Florida Land Water Adjudicatory Commission (FLWAC) meeting and it has been rescheduled
for September 29th. He
advised he will keep the Board posted on any changes.
Upon inquiry by Chairman
Carey regarding public comment, Mr. Applegate stated the response he received
last night is that they will not arrange for any telephonic comment. He stated he is working with Nick Porter, de la Parte & Gilbert, P.A., to see what can be done. Chairman Carey clarified that her question is
whether FLWAC will hear public comment and if the Board can talk to them. Mr. Applegate replied they are trying to find
that out.
Upon inquiry by Commissioner
Horan, Mr. Applegate confirmed the proceeding on September 29th is a
hearing, and he does not think it is going to be a quasi-judicial hearing. Commissioner Horan stated he read the inquiry
to Ed de la Parte, de la Parte &
Gilbert, P.A. Commissioner Horan advised
they want to
make sure they are telling people the right thing. He stated it will be a hearing, there will be
testimony, and the Legislature has made it clear that the public has to be able
to have access to comment at any particular proceeding, even though it may be
quasi-judicial. He stated he thinks that
is what Chairman Carey's inquiry is. Commissioner
Horan advised he knows they are in uncharted territory because what the Legislature
has provided in recent iterations may not necessarily be consistent with the
case law in the areas.
Mr. Applegate advised Mr.
del a Parte and Mr. Porter are working on this every day and added they send him
messages frequently. The rules have not
been finalized yet, so he cannot tell the Board what type of hearing with
certainty it is going to be. He stated
they are working on it.
Chairman Carey stated
she is just trying to determine if the Board will be able to discuss this
matter with the Cabinet and the Governor who will be hearing the matter. Commissioner Horan stated that is a different
issue. Chairman Carey stated she
understands, but that is her question and she still has not gotten an answer. Chairman Carey stated she thinks the public
would like to comment on the issue and she certainly would like to comment on
the issue. Mr. Applegate advised the
initial response he received was that prudence would say that the Board should
not communicate individually with the members of FLWAC. Chairman Carey requested Mr. Applegate notify
the Board when he receives an answer on whether the public will be able to
comment because they have a lot of people asking about that.
The
Board recessed the meeting at 10:15 a.m., reconvening
at 1:30 p.m., with all Commissioners and all other Officials, with the
exception of Deputy Clerk Erin Leben who was replaced by Deputy Clerk Terri
Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Horan, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
FY2015/16
BUDGET SUBMITED BY
SEMINOLE COUNTY PORT AUTHORITY (SCOPA)
Agenda Item #35 – PH-2015-068
Proof of publication calling for a public hearing to consider approval
of the Seminole County Port Authority (SCOPA) FY2015/16 Budget, received and
filed.
Andrew Van Gaale, SCOPA Administrator, addressed the Board to present
the FY2015/16 SCOPA Budget. He stated he
would like to start by reviewing the current year and asked the Commissioners
to follow along on SCOPA Memorandum #2238 included in the agenda
memorandum. He reviewed revenue and
expenses and reported they are on track to meet profit projections of $587,741
or 33%. He added that out of this
current year’s budget, 2014/15, they will be presenting a check for $1 million
to the BCC in October of this year.
Mr. Van Gaale then covered the predicted operational revenue for
FY2015/16 and advised it reflects a slight increase over the current year’s
budget. Their predicted expenditures
also show an increase because they are embarking on master planning and
surveying with their consulting engineer to address flooding issues. He stated the bottom line in their
operational budget for 2015/16 totals $3,787,542 and that brings a predicted
profit for next year of $320,220 or 18%.
In regard to their Total Cash Budget, Mr. Van Gaale reported that a
$300,000 transfer to the Seminole County General Fund is considered in this
budget bringing the cash balance, inclusive of restricted and non-restricted
cash, to $1,985,924 as of October of this year.
He recited the projected revenues and expenses and the transfer to the
General Fund and stated this brings a restricted and non-restricted cash
balance in September 2016 of $2,006,144.
He clarified that restricted cash generally includes deposits and that
is roughly about $200,000.
Matthew Brown, SCOPA Chairman, addressed the Board and stated that one
item that has been brought up is their contribution to the County, and it is
something last week that the SCOPA board voted on unanimously to look at again,
after they have closed their books on September 30th; 60 days beyond
that they should be done with an audit of the books. This will give them a good picture of where
they are and the ability to make an additional contribution to the County above
and beyond the $300,000 capital transfer.
He stated he would like the Commission to rest assured that they are
partners and appreciate the help given to them by the Board, and they want to
continue to do a good job.
Commissioner Horan said he wanted to confirm Mr. Van Gaale’s report
that if at the end of this year, based upon their projected budget and a
payment of $300,000 to the County, they will have a cash reserve of a little
over $2 million. Mr. Van Gaale confirmed
that was correct. Upon further inquiry,
Mr. Van Gaale explained that about $175,000 in deposits is included in the
total cash, and they are liabilities although only about 15% to 20%. Commissioner Horan then stated their
unrestricted reserves then are about $1.8 million.
Chairman Carey stated that clearly they have a very healthy
reserve. They do not receive the payment
from the Port until the end of the year; at the September meeting, they will
get the million dollars for the 2014/15 year.
And then at the mid-point when they close the books, the Chairman said
the SCOPA board will look at the $300,000 contribution again. She said historically, the last time the County
got $300,000 was in 2006. She stated
from that time forward, the amounts were $1 million; $950,000; $600,000;
$800,000; $550,000; $450,000; and $500,000 so it has varied but not gone below
$450,000 since that point in 2006.
Commissioner Horan stated he would like to discuss this and that part
of the consideration here is that the Port Authority has a $1.8 million budget
and they also have $1.8 million in reserves.
He added he does not believe the Port Authority has a major capital
improvement plan. If they did, it would
have had to be approved by the BCC, and he is not quite sure what the purpose
would be. He confirmed with Mr. Van
Gaale that the Port Authority’s assets are on the County’s financial
statements. Commissioner Horan stated
that in looking at SCOPA’s financial statements from last year, they had
$2,389,000 in cash and cash equivalents, and he presumed that included the
restricted cash. Mr. Van Gaale replied
that it did. Commissioner Horan then
stated that total capital assets are somewhere in the neighborhood of $7.6
million and total assets are close to $10 million.
Commissioner Horan added that in terms of the purpose of the Port
Authority and the function that it serves within the county, the question he
has is why do they have such a large amount of reserves sitting there when the
County is fighting every year with their own general reserves to maintain a
certain level to ensure they don’t impair their bonding rating, etc.
Mr. Van Gaale explained they, in fact, do capital improvement
planning. This year they did go through
a CCNA process and selected a consulting engineer, CPH, Inc., to address their
flooding and their 40-year-old infrastructure needs. He stated they still have an open drainage
system that is in dire need of repair.
They also have tenants several times a year that have flooding in their
buildings, which is a big liability. He
added that the reason for their capital reserves is to address their aging
infrastructure. As new developments
surround the Port, more water comes through it; and he has pictures, videos and
data to support the conclusions of the water intrusion. He said they have new development all around
them that are approved with closed drainage systems and adequate ponds, but the
Port is still on a 40-year-old system of old concrete pipes and open drainage,
and it is a liability and a maintenance issue.
Mr. Van Gaale continued his explanation and stated they now have a
contract with
Commissioner Horan stated the Port Authority operates well and
efficiently. He questioned that in terms
of the County’s assets, whether this is the best and highest use of the land
and wondered how much should be invested in that piece of land for this
particular function that is producing $300,000 per year. Mr. Van Gaale replied that it is an incubator
for the County where small businesses can move out of their garage. He stated since he took over in 2006, the
County’s annual return is about $735,000.
Commissioner Horan commented that his questions should not be
interpreted as pejorative because he thinks it is operating very well.
Commissioner Horan stated the question is whether this is an efficient
use of assets that are on the books of about $8 million to $9 million a year of
which he does not know the market value.
He said he knows small business incubation is important; the Board
thinks it is important which is why they spend about $300,000 a year on an
incubator project. They also have a
small business investment through Seminole State College, etc. and through
economic development, so they understand the value of that. He added the Port Authority has been in existence
for decades and had a certain purpose.
He opined that Mr. Van Gaale is looking at it as he probably should,
that he has a going operation and what can they afford to “pay” somebody else. However, Commissioner Horan stated he is
looking at it from the viewpoint of there are $2 million in reserves there and
what is that being used for. So, whether
or not they really need to maintain that level of reserves is a question in his
mind because the County is fighting year after year to maintain theirs.
Mr. Van Gaale stated that he believes once the engineering is
completed, they will see a depletion of capital reserves to enable the Port to
survive another 40 years. He added that
their tenants and users deserve modern, efficient facilities. Commissioner Horan stated that the question
of whether or not that capital improvement should be made is really a decision
the BCC should be making. Mr. Van Gaale
responded that they have an income-producing asset that has zero debt and an
annual return, historically since he started, from $700,000 to $750,000. He added it is an aging facility that they
continue to rehab and believes it is a wise choice; it serves a public purpose
of incubating small businesses. He
stated there are many success stories; they stay in Seminole County and there
is growth in the area because of the job creation.
SCOPA Chairman, Mr. Brown, stated that some people say they should
sell the property and that the Port Authority is in competition with local
people. The problem is that the only other
port or marina in the area is Sanford, which is owned by the City. Also, back in the 1970s, people entered into
long-term leases. He added that the
Board would be surprised at what the value of those leases is for the
marina. Also, it is not where they could
give notice and those lessors would leave; literally, the value of the Port
would be taken by those people that hold leases beyond 50 years. He explained that they entered into 100-year
leases to be able to pay for the Port back in the 70s, which were continued
when it was sold about 10 years ago, the marine aspect of it. He added that if something happens to their
buildings, they lose their income; they don’t tax people, they get it from
income. They do not have enough to
replace their buildings, but they have enough to be prudent maybe if 25% of
them became damaged due to a hurricane or something like that. He said they would be faced with about a 10%
deductible on those buildings. They just
went through a bankruptcy with a major tenant and lost a lot of money, so there
are things that make them a little tighter on the budget strings. He can only assure the Board that anything
they do not have plans for will come back to the County.
Mr. Brown opined that it is a bit of a jewel to have a port; today
they may not have to have that, but they don’t know what the future holds
also. He certainly hopes they hold onto
it, and there was a time that he didn’t agree with that and honestly questioned
why they were competing with the “guy next door” who has warehouses. But then they find themselves at 90%
occupancy, which tells him they are not the cheapest in town, and they try to
be competitive with everyone in the neighborhood, and they are competitive. He concluded that some of the reason for keeping
a little extra money is to be prudent, and there is a value to the Port. He opined he does not know, as a Seminole
County resident, if they would actually come out ahead because of the long-term
leases.
Chairman Carey commented that clearly if they were going to look at
selling the asset, the leases would be part of the value to the person who is
purchasing it because people buy property all the time that have existing
leases and as part of their due diligence, they make a determination if they
think it is worth it or not. She stated
she thinks the longest term lease out there is the marina, which had a 99-year
lease, so there is probably about 50 years left on that.
Mr. Van Gaale stated he knows their board is committed to getting the
money to the County at the end of the year and he is confident that they will
have it.
Upon inquiry by Commissioner Horan, Ms. Guillet advised that the
contribution is in the budget for $500,000 this year. She suggested that the Board allow her to
work with Mr. Van Gaale as they move forward, not just on the issue of what the
ultimate contribution will be for this fiscal year but also on some of the
questions that have been raised here today.
She knows that the Port Authority had talked about involving the County
a little bit more in their budgeting process as they move forward too. She added that Mr. Van Gaale has assured her
that he thinks he will be able to find some additional funds for the County. Also, the Authority was very open last year
when the Board asked them to up their contribution, and they showed that they
want to be a good partner. With the
Board’s approval, she stated she could work with Mr. Van Gaale and maybe try to
come up with even some ongoing protocols for how they deal with the issue of
surplus funds and budgeting matters.
Chairman Carey stated there was a time when the Port Authority did not
give any money to the BCC; she advised that it started after a long-range
master plan of how the Port would operate over a 10-year period of time. They started with a small contribution of
$300,000 with the request that $150,000 of that would go towards supporting the
incubator. She added that drainage has
always been a problem there and they do have about $375,000 addressed for site
work and drainage, not counting the study portion of it. Also, roof replacement is an ongoing issue
there. She feels confident the SCOPA
board will go back and look at this again, and hopefully, they will come up
with a policy about how to look at this moving forward knowing that this is a
concern of this Board.
Commissioner Dallari suggested that Mr. Van Gaale also have their
consultant look at their capital improvement plan in regard to stormwater, and
he is assuming that should also include the roads because they maintain the
roads as well because they are all private.
He questioned when the CIP will be formalized. Mr. Van Gaale advised they are into contract
now and will start planning stakeholder meetings with the major users, the
marinas, and Millennium Motor Coaches which leases 100,000 square feet. Upon inquiry by Commissioner Dallari, Mr. Van
Gaale stated he intends to go into the next budget process with some firm
engineering numbers in a five-year plan to address these issues. He added there are intersection improvements
off of Orange Boulevard that need to be done because they are very
hazardous.
Commissioner Dallari explained he is bringing this up because not only
should it be a multi-year plan, but both the County and the Port need to be
working together to see how they can piggyback projects because there may be
some value with the scale. The
Commissioner stated while the County Manager and her staff are looking at the
budget, they should be looking at the CIP as well. He opined that the Port is a true asset to
this county and they all know you have to keep your infrastructure as sound as
possible if you can afford it, and it needs to be an ongoing and multi-year
process. He said he is glad they are
actually looking at it and that these dollars will be earmarked for that and he
believes it is very prudent to do that.
Chairman Carey stated they will also have a great opportunity to
redevelop the site where Acme Recycling was which is right there at the west
entrance to the Port and that is the company they were talking about that went
into bankruptcy.
With regard to public participation, no one in the audience spoke in
support or in opposition.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to
approve the Seminole County Port Authority (SCOPA) FY2015/16 Budget, as
described in the proof of publication, and as presented with the caveat that
SCOPA will work with County staff to relook at their numbers (contribution to
the County) at year end as well as their CIP (Capital Improvement Plan).
Districts 1, 2, 3, 4 and 5 voted AYE.
TUSCAWILLA ESTATES REZONE/Central Florida Housing Partners, LLC
Agenda Item #36 – PH-2015-166
Proof of publication calling for a public hearing to consider adoption
of an Ordinance enacting a Rezone from R-1AA (Single Family Dwelling) to PD
(Planned Development) for a 31-lot, single-family residential subdivision on
13.29 acres, located on the east side of Tuskawilla Road, approximately
one-half mile north of Aloma Avenue, Central Florida Housing Partners, LLC,
received and filed.
Joy Giles, Planning & Development Division, addressed the Board to
state that the Applicant proposes to develop a subdivision with a maximum
density of 3.99 units per acre for a total of 31 lots. She discussed the landscape buffers proposed,
an internal road, and stated utilities will be provided by Seminole County.
Ms. Giles advised the Planning & Zoning Commission voted
unanimously to recommend approval of the Rezone and staff also recommends
approval of the request.
Randy Morris, with RM Strategies, Inc., addressed the Board to advise
that their engineer, Luke Classon with IBI, is also in attendance. He thanked staff for working with them
diligently and stated that this issue was before the Board about a year and a
half ago as an original straight zoning.
He said they’ve come back with a PD and want to walk the Board through a
few things about that.
Mr. Morris displayed a PowerPoint presentation (received and filed)
showing first the site location and then a Future Land Use Map. He stated this shows the future land uses are
compatible with the surrounding properties to the east, west and south. He then displayed Conceptual Plan 1 and
stated the original concept plan that was approved by the Board was straight
zoning. He explained it shows thirty-one
90-foot lots, which was compatible with all the projects around it, but
unfortunately it would have wiped out all of the wetlands that are on the
property and the wetlands do have value.
He added the current site has been vacant for decades; it has a
falling-down barn on it, some horses, goats, and at least six dump sites or
more of construction debris. They met
extensively with the surrounding homeowners; they had an almost three-hour
meeting attended by about 30 people from Bear Creek HOA and from Tuskawilla
Acres.
Conceptual Plan 2 was displayed and Mr. Morris stated that this is
their concept plan and they are making the densities a little lower. He pointed out the wetlands and stated they
are preserving the wetlands and putting green space around the wetlands. They are putting in a retention pond that
would then feed the wetlands on an overflow basis that would help the wetlands
on both sides off of the property. The
plan basically then is to shrink the lot size a little bit.
Mr. Morris showed Tuscawilla Estates PSP
Site Plan and stated this is the full site plan. They are also bringing at the same time,
their actual PSP site plan so the Board can see what they are going to build,
which is what the staff will be approving at the same time, not a promise for
the future. And, staff is reviewing
right now the final engineering.
Mr. Morris advised that one of the concerns
that came up with the homeowners is the traffic. He displayed Traffic Concerns and stated if
you go to the south at the Bear Creek entrance, that right now there are U-turn
movements occurring where people are going down Tuskawilla to a day care site
and some retail further to the south.
When they reverse trajectory, they will pull the first U-turn where there
is a no-left-turn lane, and in the morning when most of these U-turn movements
occur, those drivers cannot get out and make their left turn move. Mr. Morris said they studied this, and they
have talked to staff and the District Commissioner. They believe the following solution they are
asking the County Engineer to look at, and indeed he is studying this, deals
with putting in a “No U-turn” sign and moving that U-turn either up to where
their entrance would be, because there would be a far less number of units or
peak-hour trips, or putting a “No U-turn” movement there if they choose to and
going further north where there is a left-turn lane and a stacking
capacity. He added that it is a safety
concern and a convenience concern.
Mr. Morris displayed the Aerial Overlay
Plan Rendering slide and explained they are proposing a gated community and
pointed out there is plenty of stacking capacity to pull in and out of the
development. He noted that the homes
will back up to the current homes all the way around. On the Entry Gate Rendering, Mr. Morris said
they are putting a masonry fence and a gate on the Tuskawilla side, and then
around the rest of the property, there will be a six-foot-high vinyl fence. Also, he reiterated what was in the staff
report, that they will be putting in a 10-foot buffer. They are proposing that the fencing and the
buffer be maintained by the HOA.
Currently the fencing around this site, on many of the properties, is
maintained by the individual homeowners, and many of those fences are in need
of repair.
The Home Model Renderings slides were displayed. Mr. Morris advised that the median price
range of the homes will be from $475,000 to $525,000, which is roughly $250,000
above the average-priced home to the east and south. He reviewed the square footage shown on the
renderings and the elevations.
Commissioner Dallari thanked Mr. Morris for bringing the U-turn issue
to his office because he had not been aware of it. He submitted into the record a scope of
services (received and filed) with Kittelson & Associates. They are evaluating where the U-turn should
be located. He also submitted a copy of
an email (received and filed) from Mr. Morris regarding some of the responses
to neighbors.
With regard to public participation, no one in the audience spoke in
support or in opposition and public input was closed.
Commissioner Dallari requested that Brett Blackadar, County Engineer,
speak to the schedule of the scope of services from Kittelson &
Associates. Mr. Blackadar addressed the
Board to advise they just submitted it into Purchasing at the end of last week,
so it should get executed in the next few days.
He added he believes they gave about two months for that. Commissioner Dallari stated then they should
have an answer sometime in the calendar year.
He asked Mr. Blackadar to confirm that the U-turn they are discussing is
an issue. Mr. Blackadar advised that is
why they are studying it, and they have had complaints from citizens that it is
a concern for them. Therefore, they are
collecting crash data and traffic counts, and analyzing the different
options.
Commissioner Dallari questioned whether, in the interim, there was any
issue with putting a “No U-turn” sign at the first intersection. Mr. Blackadar stated they would have to sign
two intersections as “No U-turn” because there is no left-turn lane at the next
intersection either. Commissioner
Dallari explained that Mr. Morris had asked whether they could put a “No
U-turn” sign there right now. Mr.
Blackadar said he has not looked at it yet, but his initial thoughts are that
it would not be a good idea.
Motion by
Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance
#2015-20 enacting a Rezone from R-1AA (Single Family Dwelling) to PD (Planned
Development); and approve the associated Development Order and Master
Development Plan for a 31-lot, single-family residential subdivision on 13.29
acres, located on the east side of Tuskawilla Road, approximately one-half mile
north of Aloma Avenue, as described in the proof of publication; Central
Florida Housing Partners, LLC, Applicant.
Commissioner
Dallari added the caveat to his motion
that they continue working with and keeping informed the Applicant and
homeowners with all the information from Kittelson & Associates. The Seconder
agreed to the amended motion.
Districts
1, 2, 3, 4 and 5 voted AYE.
BOA
APPEAL
213 BRYNWOOD LANE/Nancy Tron
Agenda Item #37 – PH-2015-104
Proof of publication calling for a public hearing to consider an
appeal of the Board of Adjustment’s decision to deny a request for a rear-yard
(east-side) setback variance from 30 feet to 6 feet for attached storage
(Structure #1); a rear-yard (east-side) setback variance from 30 feet to 2 feet
for a covered room and attached sheds (Structure #2); and a rear-yard
(east-side) setback variance from 30 feet to 2 feet for container storage
(Structure #3), in the R-1AAAA (Single Family Dwelling) District for property
located on the north side of Brynwood Lane, approximately 460 feet north of
Wayside Drive, and more particularly known as 213 Brynwood Lane, Nancy Tron,
received and filed.
Denny Gibbs, Planning & Development Division, addressed the Board
to present the request and reviewed the timeline as outlined in the agenda
memorandum. She advised that Brynwood
was platted in 1988 and is made up of half-acre lots. Per Chairman Carey’s request, Ms. Gibbs
displayed the diagram of 213 Brynwood Lane Site Plan that depicts the three
structures where the variances are being requested. She listed the variances that were denied by
the BOA. She further explained that
Structure #1 currently has a Code Enforcement lien imposed for unpermitted
construction and it encroaches 24 feet into the required 30-foot rear-yard
setback and 4 feet into a 10-foot drainage easement. She added that if the variance is granted for
this request, the Applicant is aware that they will be required to vacate a
portion of that drainage easement in order to retain Structure #1. She then reviewed the encroachments into
required setbacks of Structures #2 and #3.
Chairman Carey stated she had asked Ms. Gibbs yesterday about the
breach in the wall along Henderson Lane.
Ms. Gibbs explained that the access rights to Henderson were removed for
the lots that are adjacent to Henderson; there is a note on the plat. Chairman Carey clarified that they were not
supposed to have access to Henderson Lane.
Ms. Gibbs advised that two adjacent property owners spoke at the BOA
meeting in opposition. She added that
the BOA denied this request. Also, the
County received a Notice of Appeal by the Applicant’s representative, Rob
Keeler.
Rob Keeler, 213 Brynwood Lane, addressed the Board to state the
neighbors in opposition did not wish to be present today, and the neighbor to
the west of the property has moved. He
stated they have four letters (received and filed) from neighbors all around
the property stating they do not object to the requested variances.
In regard to similar requests, Mr. Keeler stated that on July 27, 2015
along with other cases from this year, -41, -25 and -77, all were approved by
the Board of Adjustment with no opposition on those cases; but nonetheless,
they have very similar situations with setbacks to a great extent. He added that this Commission also heard on
May 12 a very similar situation and overturned a previously denied variance,
Case #19-PH-2015-069.
Mr. Keeler displayed photos of their back yard (received and
filed). One photo showed the side of the
house where the neighbor lived that has since moved. He added that this neighbor was the main
opposing party at the May meeting. Mr.
Keeler explained that the neighbor’s concern was with the vehicles in front of
the yard. At the time, they had eight
vehicles, and from time to time they did park one at the end of their
driveway. He explained they only have
about 16 to 20 feet of frontage out of the entire cul-de-sac.
Candace Keeler, 213 Brynwood Lane, addressed the Board to state they
have spoken to the new neighbor who has reviewed their request for a variance
and has signed a letter stating that he has no objections and is in favor of
the BCC approving the variances. She
referred to four letters (previously received and filed) from neighbors in
support. She added that the other
neighbor that was in opposition at the BOA meeting is not in attendance but has
stated as of today that he will no longer object to the Keelers’ request for a
variance.
Mr. Keeler displayed a photo showing the fence separating him from the
neighbor that objected but has since sold his home.
Chairman Carey stated that the biggest issue she has is that they have
a lot of unpermitted construction. She
said she has been out to the site and it is walled and difficult to see, but it
can certainly be seen from the air and can be looked at historically to see
what has been added. She confirmed that
the two storage buildings were permitted but the connection made between the
two and the building behind those was not.
She questioned whether they intend to move the shed in the northwest
corner of the property. Ms. Keeler
responded that it is going to be removed.
Chairman Carey stated they have asked for a variance for a metal
container that is “slammed” up against the back wall. Ms. Keeler explained that it is a storage
trailer and when it was delivered, it was taken off of the trailer that it sat
on. She said it is like having a 40-foot
travel trailer or even a large boat; it can be put back on the trailer that it
came on, which will raise it up and it can be moved in and out. She added that they put it on the ground
because they did not want it to be an unsightly obstruction to anybody in the
area. They had it painted to match the
house before it was ever delivered so it would not be noticeable. She pointed out on a photo that the trailer
sits behind the two permitted structures.
Upon inquiry by Chairman Carey, Ms. Keeler stated they are using the
metal container for holiday decorations storage and there is no electricity in
it. Upon further inquiry, Ms. Keeler
advised that there is no Homeowners Association. She added that she was not aware that it had
to meet any setback requirements because it is something she considers to be a
portable, removable storage trailer that came on wheels.
Upon inquiry by Chairman Carey, Mr. Keeler stated in regard to the
unpermitted construction, the engineering drawings are in for review but when
it got to zoning, there was a setback issue which is what perpetuated this variance
request. Ms. Keeler explained they built
the structures without applying for a permit and were cited, and then they
applied for the permit and were told they must obtain a variance to meet the
setback requirements.
Commissioner Henley read the following from the agenda memorandum,
“The addition and other structures could have been designed to stay within the
required setbacks….” He asked Ms. Gibbs
to point out the structures that statement refers to. Ms. Gibbs advised there were ways they could
have designed the structures that would encroach less into the setbacks. Ms. Keeler stated they had considered moving
Structure #1 to the front portion of their home, which would only require a
10-foot setback requirement; however, their neighbor has many unpermitted
structures that back up to that area.
They thought it would look unsightly to have another structure go in
that same existing area, so they set it back where it would not be visible. She added that the other structures could
have been designed and reconfigured differently.
Ms. Keeler stated that if they do not receive approval today, they
would have to saw cut the roofline that adjoins the two buildings that were
permitted and they would have to do the same thing to Structure #2. She added that the trailer would have to be
disassembled and relocated to the other side of the yard. She stated that unfortunately, one of the
complaints noted in the BOA minutes from one of the neighbors was the ongoing
construction. Ms. Keeler stated they
just want to come into compliance and agreed that they failed to do what they
should have.
Commissioner Dallari questioned staff as to whether there were any
drainage implications with respect to the easements. Ms. Gibbs advised that there are not because
they are not encroaching that much into the drainage easement. She said they would vacate the exact portion
that it is encroaching. Commissioner
Dallari confirmed that staff believes that this would not inhibit or have any
issues when it comes to storm drainage in and around this area. Upon inquiry by Chairman Carey, Ms. Gibbs
advised it is a county easement.
Chairman Carey stated then that staff would have to go and review that to
make sure it would not cause a problem for the subdivision before they would
agree to the vacate. Ms. Gibbs stated
they have already looked at it.
Ms. Keeler asked that the Board consider the four letters in support
of their request and thanked them for their consideration.
Chairman Carey opined the Applicants have done a very good job of
blending every storage building they have built with the house. She questioned whether the storage container
is a violation of the Code. Ms. Gibbs
stated they do not have a temporary storage consideration; it would be viewed
as a permanent shed that would have to meet the setback requirements.
Upon inquiry by Commissioner Horan, Ms. Keeler advised that the
trailer is 8 feet by 40 feet. She stated
they could put it back on the flatbed trailer and she does not believe it would
then violate any code requirement in the research they’ve done and in what
their attorney has looked into. She
thinks it would be the same as her neighbor who has a very large travel
trailer. She added they could vinyl it
or whatever they had to do to make it look more like what they have there.
Ms. Keeler questioned whether they would avoid having to meet the
setback requirements if the container goes back on a flatbed trailer. Ms. Gibbs advised the Board that Ms. Keeler
is citing things that staff would consider ordinary accessory structures like
RVs and they are permitted to be stored, but if this container were put on
wheels, it would be considered contractor’s equipment storage but she would
have to do more research. She added,
though, that she does not think they can draw a comparison between an RV and
semi-truck trailer; they do not even allow that in some commercial zones.
Commissioner Horan stated that the container is not really acting as a
trailer and questioned whether it sits on a foundation of any sort. Ms. Keeler responded that it is like a
shipping container and there is a small space underneath it, but there is no
concrete slab. Commissioner Horan said
then it is acting like a building but it is not permitted as a building. He stated it is very large and his concern is
that it is acting as a building but has not gone through any reviews for
safety, fireproofing, and things like that.
Ms. Keeler stated if the variance is approved, they would go through the
same proper building channels that they would need to as far as what would be
required; whether it needs to be anchored down or whatever would be allowed or
not allowed.
Commissioner Dallari questioned whether anyone had looked at the
container from a fire-prevention, safety standpoint. Ms. Gibbs advised not that she is aware of,
but if it goes through permitting, Fire would have an opportunity to look at it
at that point.
Chairman Carey asked whether there was anything in the Code regarding
the placement of these storage containers as a permanent structure because they
are being used a lot these days for homes and different things. Ms. Gibbs stated there is nothing in the Land
Development Code but maybe in the Building Code. Commissioner Constantine said the Building
Code does have non-permitted structures.
Ms. Guillet added that it would be addressed as any other structure;
instead of calling it a storage container, call it a shed; it would go through
building review just like anything else.
Commissioner Horan stated he is more concerned about public safety than
he is about the variance.
With regard to public participation, no one in the audience spoke in
support or in opposition and public input was closed.
Chairman Carey stated she has been out to the site and they have done
a very good job of building these structures, even though they were
unpermitted, and tying them into the house.
She added they do back up to Henderson Lane, which there is no house
immediately adjacent to them there. On
the rear side where they have the storage container and also the other
unpermitted Structure #2, it backs up to a drainage easement between it and the
church, so she does not really think that they are creating any hardship on a
neighbor with those items.
Chairman Carey said she is concerned, as has been stated, about public
safety. She added she heard the
Applicants say they are going to remove the structure in the northwest corner,
and so if they are willing to remove the northwest structure, the Chairman
stated she would be willing to support the variance request to overturn the
Board of Adjustment’s decision to deny the request for Structures #1, #2 and #3
for the setbacks subject to the drainage easement being vacated; all of the
necessary permits being applied for within 30 days of the approval if this is
approved by the Board.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to overturn
the Board of Adjustment’s decision, thereby granting a request for a rear-yard
(east-side) setback variance from 30 feet to 6 feet for attached storage
(Structure #1); a rear-yard (east-side) setback variance from 30 feet to 2 feet
for a covered room and attached sheds (Structure #2); and a rear-yard (east
side) setback variance from 30 feet to 2 feet for container storage (Structure
#3), in the R-1AAAA (Single Family Dwelling) District for property located on
the north side of Brynwood Lane, approximately 460 feet north of Wayside Drive,
and more particularly known as 213 Brynwood Lane, as described in the proof of
publication; Nancy Tron; Approval Development Order.
Under discussion, Commissioner Dallari stated they are applying for a
permit but that does not mean the permit will be granted. Chairman Carey responded if the permit is
denied, they will need to remove the structure or bring the structure into
compliance. Commissioner Dallari
commented that it could take more than 30 days to get the permit. Ms. Gibbs advised they will have to get the
vacate done before they can issue a building permit and it would be two months
before it would get to the Board.
Chairman Carey amended her
motion to state the Applicants must apply for the building permit within 60
days, and if the building permit applications are denied, then the variance
will go away. In addition, the northwest
structure needs to be removed before they apply for the permits.
The Seconder agreed to the amendment.
Commissioner Horan opined that if the Applicant had come to the Board
before the construction, they probably would have granted the variances at that
time. His concern is about the
trailer. He stated he is not quite sure
that the criteria under the Land Development Code for the granting of variances
apply well to these situations because this house is oriented in such a way
that these setbacks do take away a lot of the property. He added that other than the trailer, it
looks like there was an attempt to really build substantial structures that
probably will be permitted.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey asked that Ms. Gibbs get with the Applicants to ensure
they clearly understand these terms.
-------
Chairman Carey submitted ex parte communications into the record.
LEGISLATIVE UPDATE
Meloney Lung, Assistant County Manager,
addressed the Board and stated she provided each member with a copy of the
draft 2016 State and Federal Legislative Priorities (copy received and filed)
for their approval. She met with each
Commissioner, their Lobbyist and staff that deal with these issues. She said she is requesting comments and
approval in order to have these available for the September 9th
Legislative Delegation meeting.
CHAIRMAN’S REPORT
Chairman Carey stated the Board is aware
that they are in need of a veterinarian for the Animal Services Board and they
have received an application.
Motion
by Commissioner Horan, seconded by Commissioner Henley, to adopt
appropriate Resolution #2015-R-151 appointing veterinarian, Dr. Stephen
Wiseman, to the Animal Services Board for a one-year term beginning August 25,
2015.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Carey advised that she met with
FDOT Secretary Jim Boxold on Wednesday, August 12th. They were further discussing the desire of
the Central Florida Expressway to acquire the four missing pieces including the
section of SR 417 in Seminole County. He
told them that he was interested in having a discussion about an exchange and
not interested in having a discussion about a purchase.
Secretary Boxold presented them with a
proposal of how the Department would look at putting a value on the properties
for discussion. They took that back to
the Central Florida Expressway Authority board and they agreed that rather than
stopping the process at this point, they would like to review the evaluation
process and come to some terms with the Department of Transportation regarding
that and continue to at least put a value on the assets both at the Turnpike
and the Expressway Authority. Then once
they get that and have some idea of how close staff estimates are, they will
then go back to the table and continue to have the discussion. They have heard from other people in the
Tallahassee offices of Transportation, not in the Secretary’s office but others
in the Governor’s office and other places, that while everyone understands
Secretary Boxold’s position, that it may be that other positions will be taken
at some point in time. They are going to
try to continue through with the process.
She stated it is the desire of their board to continue to try to
purchase those assets rather than do an exchange, so she will keep this Board
posted on how that continues to move forward.
-------
Chairman Carey stated she believes all the
Commissioners have received a copy of the letter from Laura Kelley, the
Executive Director of the Expressway Authority, inviting them to their
September 10th board meeting to participate in their long-range
plan. She added that this has been the
customary practice of the Expressway Authority.
In the past because it was simply Orange County and Orlando, many times
nobody participated in those but now that it has a more regional approach, she
believes they will see more agencies that will have an interest in hearing
about the various items.
-------
Chairman Carey remarked she was proud to
announce that Ed Burford, their Veterans Services Officer, has been recognized
by the Orlando Business Journal as one of the 2015 Veterans of Influence. He will be receiving that award in September.
Chairman Carey stated of special note,
Michael Ertel, Supervisor of Elections, will also be recognized for that award.
-------
Chairman Carey advised she had the
opportunity to attend the event for the Zoo on Saturday night, “The Great
Catsby.” She added that Commissioners
Horan and Constantine were there as well, and it was a very lovely event. She said the theme was “Catsby,” so it was a
Gatsby theme with a cat twist. It was a
great cause and they had a good turnout again to support the Zoo.
COMMUNICATIONS AND/OR REPORTS
The following Communication was received
and filed:
1.
Copy of letter dated August 20, 2015 from
Chairman Carey to Noranne Downs, FDOT District5 5 Secretary re: name change of
SR 415 to East Lake Mary Boulevard.
(C: Seminole County BCC Members,
Nicole Guillet, A. Bryant Applegate)
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt
appropriate Resolution #2015-R-149 appointing Anne West to the Library Advisory
Board to finish out a two-year term ending January 1, 2017; and adopt
appropriate Resolution #2015-R-150 in appreciation of David Pollack for his
service on the Library Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Horan stated he is very happy
to give a report in regard to the Boys & Girls Clubs. In 2012, they were looking at the two clubs
in Seminole County, which are part of the 30 clubs that are part of the Boys
& Girls Clubs of Central Florida. At
that time, the two clubs were being supported by the rest of the organization
to the tune of about $100,000 per year; they were running at a $100,000
deficit. As of fiscal year ending July
31, 2015, the two clubs of Seminole County ran a $363,000 surplus and are now
looking at new properties and an additional location and partnerships. He added they have done a great job with the
new board of directors and new fundraising.
An organization here in Seminole County, Toptech, has become a major
benefactor. He stated the Sheriff’s
Office has been very instrumental in assistance, financially and
otherwise. He wanted to report that
because they are one of the Community Services agencies that receives aid from
the County, so they are taking their dollars and leveraging them well.
-------
Commissioner Horan advised that he and
Commissioner Constantine will be going to the Florida Association of Counties
(FAC) Policy and Legislative meeting, which this year are being combined
because the Legislature goes into session early. It will be a three-day conference on the 26th,
27th, and 28th. He
stated there will be a number of speakers who will be presenting including the
Chief Financial Officer, Jeff Atwater, and there are a number of different
Legislators who will be talking with them.
Commissioner Horan said they will be reviewing the legislative
priorities for FAC, many of which are consistent or related to the County’s
legislative priorities. He added he will
bring up at the Finance, Tax & Administration meeting that he chairs the
issue relating to the school testing issue.
Hopefully, they will get a resolution from FAC on that.
-------
In regard to the Central Florida
Partnership, Commissioner Horan reported that he attended a wonderful
leadership conference last week at which Commissioner Dallari spoke; he was one
of the presenters. He explained that it
treated transportation and there are about six of these leadership conferences
that Central Florida Partnership has been sponsoring. This one on leadership was particularly good
and he has distributed the materials to the Commissioners’ offices. He said what is particularly interesting is
how the Value Study that was done two and a half years ago is dovetailing into
all of the different issues that they have treated, but they all seem to come
back to transportation. He added this
was keynoted by Commissioner Dallari in his presentation when he pointed out
the fact that a lot of these things do not have any kind of real basis
immediately; they are all things that will go far beyond our lifetimes and they
are courageous decisions they have to make now and those courageous decisions
are usually in the area of transportation, because they cost much immediately
but don’t get the benefits immediately.
-------
Commissioner Horan advised that he also
attended the Central Florida Hotel Lodging Association luncheon a couple of
weeks ago. One of the presentations was
particularly insightful and that was the presentation of the sales tax impact
of tourism. For example, the sales tax
revenue in Orange County related to tourism alone is equal to the total amount
of sales tax collected by 52 counties in the State of Florida. Commissioner Dallari commented that it was a
really good presentation.
-------
Commissioner Horan announced that the
Spring Hammock Basin Management Plan, which has to be done every 10 years, has
been completed and there will be a public meeting at 6:00 p.m. tomorrow
evening.
-------
Commissioner Constantine thanked Ms.
Guillet, County Manager; Ruth Hazard, Environmental Services; Bryant Applegate,
County Attorney; Bruce McMenemy, Deputy County Manager; Edward Bass, Resource
Management Director, and his staff; and he complimented Chairman Carey for
taking the lead on this issue many months ago by helping to get $20,000 from
the FWC (Fish & Wildlife Commission) to reduce the price for the first 500
customers for bear-resistant containers.
Commissioner Constantine stated that since
April, only 370 individuals have used the bear-resistant containers and have
taken advantage of this program. As
there is a continued increase in the bear/human incidences, he said he believes
it is time to take a bolder step. He
added that only universal use will significantly reduce the property damage and
the threat to the health and safety of the citizens, pets and wildlife in the
area. This combined with an education
component, he believes, would have a significant improvement for protection of
the citizens.
Commissioner Constantine remarked that
people will continue to encroach on wildlife habitats. He stated the statewide increase in the last
decade of bear/human incidences has been 400%.
Also, 99% of the bear/human incidences in Seminole County occur on the
west side of I-4. He advised that the
FWC sent a letter along with additional information (copy received and filed)
that he distributed to the Commissioners.
He then read excerpts from the correspondence. He stated that he also included in the
information the current requirement of Environmental Services Department’s
Solid Waste Management Division for both Advanced Disposal Services and Waste
Pro. Additional documentation includes
the Wingfield North HOA’s “Bear-Wise” Community Policy and an educational
flyer. Commissioner Constantine read
from the flyer and cited statistics of bear interactions before and after the
use of bear-resistant trash cans resulting in a reduction of bear/human
conflicts of 95%. He pointed out the
significant difference shown in the pie charts on the document.
Commissioner Constantine stated that also
included in the information packet is a map showing all the incidences on the
west side of I-4, a larger map of Seminole County with all of the incidences on
the west side, and a Resolution from the FWC.
Commissioner Constantine proposed that they
initiate through staff an investigation of universal bear-resistant containers
on the west side of I-4 with an education component, which the FWC and the
Central Florida Zoo have agreed to take on.
In discussion with the haulers, both Tim Dolan of Waste Pro and Regina
Caronia of Advanced Disposal, as per both the FWC agreement and good business practices,
would be receptive to having universal containers on the west side of I-4 and
to continue the contract at no additional cost.
Right now Wingfield is spending $60 per year, so that would go to a zero-dollar
increase.
Commissioner Constantine discussed the purchase of approximately
25,000 cans through the Solid Waste Trust Fund.
He reported on his discussion with Tolar, the preferred manufacturer,
and advised that the 96-gallon can that both Advanced Disposal and Waste Pro
use would be less than $150 and less than $140 for 64-gallon cans. He added of course they would either do a
sole source or an RFP and that would be something staff would be involved
with. Today, they spent $3.75 million on
land, of which he said he was fully in favor of, from the Solid Waste Trust
Fund. He opined this is as close to a
nexus for the Solid Waste Trust Fund as you can find; they have $29 million as
of today. He stated it is a renewable
resource each year bringing in between $13 million to $16 million, which is the
same amount as the budget.
Commissioner Constantine continued stating they used $3 million plus
from the fund for LED lights for the Sports Complex with a 15-year return. He said as Mr. McMenemy stated, it is not
productive for the money to just sit there.
With the FWC willing to help find grants and other dollars in addition
to having $18 million in the Landfill Trust Fund, which also does not look like
they are going to be needing for years. They
have plenty of money in those trust funds to look at a solid waste proposal
which would provide bear-resistant containers.
Commissioner Constantine explained that if staff chose to have a
return on that money, they could charge $1 a month for everybody on the west
side through an MSBU, which would be a total of $12 per year and this would
generate a revenue of $276 million based upon $150 per can, which it will be
less than that. At 25,000 cans, they
would get a return of their investment plus the interest they still have on the
LED lights in less time than they will for the LED lights. The LED lights will be in 15 years; this would
be in approximately 13 years.
Commissioner Constantine said he is asking
that they direct staff to evaluate, research and investigate a proposal to
provide bear-resistant garbage containers to all Seminole County solid-waste
customers on the west side of I-4 and bring back a recommendation to the Board.
Upon inquiry by Commissioner Horan,
Commissioner Constantine advised that the Resolution from the FWC was done in
June of this year.
Commissioner Horan thanked Commissioner
Constantine for his leadership on this.
He said he believes it is difficult to exercise leadership on this
because they, as a Seminole County Commission, do not have jurisdiction over
wildlife management; the Florida Wildlife Commission has that
jurisdiction. He said it saddened him
because there was very little they could do in the wake of the bear attacks
that were occurring because wildlife management is outside of their
jurisdiction. He stated he is gratified
that the FWC has finally issued a rule whereby they can fine people who are
feeding bears or who should know that they are feeding bears, and that may
include putting their garbage out in such a fashion that they must know the
bears are going to be attracted to it.
He added that it is in the jurisdiction of the FWC; and the reason they
have a problem out there is those neighborhoods have been there for two or
three generations of bears. The bears
are now habituated to the neighborhoods and are coming to the neighborhoods for
food, and the bears have lost their fear of human beings. He added that this is a problem of wildlife
management that they did not create.
Commissioner Horan stated that he has no
problem with staff taking a look at this to see what they can do in partnership
with the Florida Wildlife Commission who now has passed a rule. He said he has significant reservations about
compelling people to do anything that they can do in their own self-interest or
spending millions of dollars. If they
have to spend millions of dollars to require people to have bear-resistant
cans, he needs to know from staff what the cost is and what the benefit
is. He cautioned they are trodding on
fields where they have trod before and getting the State to cooperate with them
may be difficult. He added he has no
problem with staff taking a look at this, especially in light of the fact that
the FWC has now come up with this Resolution and a regulation where they will
actually be able to fine people for willingly feeding bears.
Chairman Carey stated she wanted to back up
for a second on where the FWC is; the Board had asked them to help with the
voluntary program, and their response was $20,000. She said she wanted to publicly thank the
County’s two haulers, Advanced Disposal and Waste Pro, who worked very closely
with her and staff and the FWC to select a can that they could manage, which is
a 64-gallon can. She explained that
their trucks were not really equipped and they had to retrofit them, which they
did at no cost. However, it does take
longer because with a bear-proof garbage can, you have to stick your finger in
a hole and pull a trigger to open the lid.
It takes a couple of minutes with these guys in gloves to get off the
truck and so there is a cost from the haulers.
She stated she has talked to them and they are willing to look at it
when their contract comes up, which is two years from now, if the Board wants
to go in that direction.
Chairman Carey stated this has been an ongoing discussion about what
they should do. She also knows that
there are a lot of people that live on the west side, herself included, who do
not have an issue with bears and their garbage cans because they take their
garbage down in the morning and the bears have already come through because
they come through at 5:30 in the morning when it is still dark.
Chairman Carey agreed with Commissioner Horan about the bears being
humanized and said they are really not afraid at all. She explained that she has a bear that
traverses her back yard, down the side of her property, through the neighbor’s
property and across Markham Woods. She
told a story about her grandson and his cousin playing and screaming in the
pool and a bear came around the corner close to where they were in the pool,
the mother screamed and the kids screamed, and the bear never turned around or
even looked at them. She said they do
have some issues and she is not sure of the solution.
Chairman Carey stated that mandating everybody on the west side of I-4
have a bear-proof garbage can is not something that she is interested in taking
up. She added that she heard from a lot
of people on the east side of the county when this first came up that they were
not interested in their tax dollars being spent to pay for garbage cans for
people on the west side, so that is when they started the voluntary
program. She opined that this has worked
pretty well; there are 370 people that use them, one complete neighborhood who
chose to do it is Wingfield North. All
of the neighborhoods have talked about this, including her HOA, and have looked
at it and questioned whether they should make something mandatory for their
neighborhood, and most of them have chosen not to because people do not want
government intervening and telling them what to do with their garbage.
Chairman Carey continued stating they have a very limited staff and
they made a lot of staff cuts years back, and to have staff spend time doing
this now when they are two years out from their haulers’ contracts, she does
not think is timely. She would like them
to look at it as an option when they renew the garbage contract. She added if the FWC is so concerned about
this issue, then she thinks they need to step up to the plate and help fund
it. She said she had a House member call
one time and say they should make it mandatory, and she told them if you go
find $4.5 million at the State to get the garbage cans, the County would be
happy to distribute them. She stated she
does not think this is just their problem alone and not everybody has a problem. She added she appreciates and hears what
Commissioner Constantine is saying about trying to get staff to look at this,
but she would ask the County Manager whether she really has the staff power out
there to spend time trying to determine this.
She added that it would be great if everybody did what they were
supposed to do with their garbage, but they do not need bear-proof garbage cans
to do that.
Chairman Carey advised they distributed the education piece of this
through the Markham Woods HOA and they distributed the bear-wise document that
this County printed; it is also online so people can see it. The Zoo is doing the educational piece of
this, and she thinks it is very good that the FWC is working with them to have
that educational component. She stated
they also have a study going on right now, which is not concluded, about bear
traversing. The FWC has been trapping
and putting video collars on the bears.
She explained she had an opportunity to watch what they do and they put
on GPSs if they are large enough and they weigh, measure and take blood
samples. They are trying to determine
how far these bears are going for a food source. So there are a lot of things going on and she
thinks in the next year, they will have some more answers and maybe that is a
better time to look at it.
Commissioner Constantine stated in any situation you can ask for more
and more data. He has presented that
there is a 400% increase in incidences in Florida and that 99% of all
incidences are happening on the west side as shown on the map. There are escalating incidences of bear/human
encounters. There is not a week that
goes by that there is not another situation from as small as a pet being
attacked to an incidence on Friday where a cub that was run over on I-4 caused
a traffic situation. He added that he
spent his own time researching this; Jay Zembower and other interested citizens
have spent time putting this together.
He added that he has talked with the County Manager all the way through
this letting her know that he was doing this and that he would present it when
he felt he had the information, and it is not something that would take a long
time to put together.
Commissioner Constantine stated he is not suggesting that they tell
citizens on the west side that they must pay for these garbage cans; he is
trying to find a way with the FWC, who is obviously from their letter going way
beyond what they did originally, and with the haulers, who were working with
them in June which is much different than when Commissioner Carey was talking
to them in March and April. He explained
that both the haulers see the benefit for this now and not in 2017. They see the benefit and have said they would
be more than willing to do whatever modification is needed and work with this
Board. This is something that he needs
approval for. He wants the staff to at
least take a look at this to bring back an honest appraisal, not based on what
one person feels or another person feels but based on the fact that they spend
money from the Solid Waste Trust Fund on many things and they have a large
surplus. If there is any nexus at all
related to the Solid Waste Trust Fund, it would be just like the recycling
containers providing for the health, safety and welfare of the citizens, private
property, and the wildlife that he believes all of them hold dear. He stated the latest survey is that 80% of
Floridians are against the bear hunt.
Motion by Commissioner Constantine, seconded by Commissioner Horan, to
direct staff to take a look at providing bear-proof garbage cans to all
residents on the east side of I-4, and bring it back as to whether or not it is
feasible.
Under discussion, Chairman Carey stated she is not against this, but
she is against using taxpayers’ dollars to buy garbage cans for one of the
wealthiest sections of this county.
Commissioner Constantine responded it is also the poorest; Commissioner
Horan remarked it does include Bookertown.
Chairman Carey continued that the reason they have a surplus in Solid
Waste is because of what they charge their citizens to pick up their
garbage. She added then if they have a
surplus and want to give it back to the community, they could reduce the fees
that are charged for garbage pickup, which would be a full service to
everyone. She stated they have made it
available to the citizens to have an option to purchase a garbage can at cost
if they would like to and to pay a simple fee of $6 per month to have that
service. She added that most people
don’t know they also offer a service for $10 where you can have your garbage
picked up at your door.
Commissioner Carey advised that as recently as last night, the haulers
are willing to continue to do this for a fee; they are not willing to do it for
free because it takes too much time for their people to open these garbage
cans, and they cannot do it for the fee they are charging now. She added if the majority of the Board wants
to open up those contracts in advance, they can do that; otherwise, they will
come up in two years and they can talk about doing it then.
Commissioner Dallari stated that if they need to do this, they need to
have a joint work session with the FWC so they are all on the same page. They also need to, in the work session, have
an understanding of the Solid Waste Fund.
He opined that a lot of people may not understand that that money has to
be earmarked for the landfill closure as well as other things; it is not just a
fund that can be used as the Board sees fit.
Commissioner Henley added that it is also vital in case of a hurricane;
for example, it took $54 million to put this County back together some years
ago. Commissioner Dallari said there are
a lot of commitments, moving parts and a lot of restrictions here.
Commissioner Dallari stated he is not opposed to staff looking at
this, but they need to be setting the parameters so they all understand how
this will move forward and how they are comparing apples to apples financially
so the east side and the west side residents are not financially slighted.
Chairman Carey stated if there is a majority interested in discussing
this further, maybe the first step would be to have a joint work session with
the FWC because the Board needs to understand what “skin they would put in the
game.” At the same time, they could have
Solid Waste see what the dollar allocations are for the closure for the
landfill, and also what the true surplus is and how they could make those
adjustments. She opined that public
information meetings will be important on this.
Ms. Guillet stated that if the Board is
going to direct staff to get more information, she said she would like to
better understand what their expectations are.
She added that they can give some information; however, they do not have
biologists on staff. She said she cannot
answer the question that Commissioner Horan posed earlier about what benefit
you get for the cost from a managing-wildlife standpoint. She added if they want staff to come and tell
them what they are going to get for a $2.5 million investment in cans with
regard to what impact it is going to have on protecting the bear population,
they cannot tell them that. She stated
she would like the Board to understand they will spend as much time as the Board
wants them to to get whatever information they need to help them make
decisions, but she hopes they understand that they have limitations from an
internal resource standpoint.
Commissioner Dallari stated that is why he brought up having a joint
work session with the FWC.
Chairman Carey stated that the FWC has had
whole neighborhoods in Debary where they have gotten bear-proof garbage cans
and it solves the problem there but the bears just move to the next
neighborhood. It is a complicated issue
and they need to clearly understand it from the FWC. She opined the FWC would love for everybody
in the state to have a bear-proof garbage can, but unless the Legislature
passes that kind of an ordinance, that is not going to happen.
Commissioner Constantine commented that one
reason he made the motion to give this to staff is that he does
understand. And, he has talked to the
County Manager about the fact they would need to talk to the FWC and
others. The FWC is very excited about it
and they want to cooperate; they want to see what they can do to help. Because Seminole County is at the epicenter
of this problem, as the FWC quoted, they think that if they can find a way to
solve the vast majority of the incidences here, then they can take that into
other places. He agreed with Chairman
Carey and said if it is not universal or an actual barrier, the bears will just
go someplace else as they have done with Wingfield North, they have gone
further south.
Commissioner Horan reiterated that this is
a public safety issue and his first responsibility as a county commissioner is
public health and safety. He does not
feel fully informed on this issue and he said he needs the cooperation of the
State, which is the Florida Wildlife Commission, which now has a Resolution
saying that they want to work with them and help them. He said he agrees with Chairman Carey that
the proof will be whether the
Chairman Carey questioned whether
Commissioner Constantine would agree to withdraw his motion with the idea that
they would agree to have a workshop, and then the next step would be based upon
what comes out of the workshop. They
could give staff better direction about what it is the Board wants them to look
at as a potential solution. Commissioner
Horan added that it would also provide an opportunity at the workshop for
public input.
Commissioner Constantine stated he wanted
to raise the level of conversation about this issue because it continues to
perpetuate out in the community. He
added if his fellow commissioners feel more comfortable sitting down with the
FWC as a first step, he is fine with that.
As Commissioner Horan said, this is very timely; he opined this is the
right time to bring up this issue. They
have the opportunity with the FWC ready to come in and to work with this
Board. He said they all see they have a
problem and it is something they should address in whatever manner they can.
Commissioner Constantine withdrew his motion and the Seconder agreed.
Motion
by Commissioner Constantine, seconded by Commissioner Dallari, to schedule a
work session with the Florida Wildlife Commission and to direct staff to put
together information on the issue of bear-proof garbage cans with the FWC.
Under discussion, Commissioner Henley
stated they will not solve the problem because if the bears lose their food
source in one place, they go somewhere else, so they are simply moving the
problem. If after all the meetings and
studies, they decide they are going to take the money out of the Solid Waste
Fund, he suggests they have staff look at, in order to be fair to not only the
people on the west side but to those on the east side who have contributed, how
much they can reduce their fee in order to equate to what they are spending in
order to buy those containers in order to move the bears somewhere else.
Chairman Carey suggested they wait for the
workshop and get the information as they try to move the ideas forward. Commissioner Horan commented he likes the
workshop idea because he wants the opportunity to meet with the FWC, who is the
organization with jurisdiction over this issue, about how they solve this
public safety problem. Chairman Carey
remarked that to really understand bears, she strongly encourages anyone to
reach out to Mike Orlando with the FWC; he is their bear expert and the one
that they rely on.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Carey advised she has a Central
Florida Homeless Commission retreat on Friday, August 28th and it is
a planning session. They will have
discussion on key issues affecting homelessness and they plan to conclude with
specific objectives for the next three to five years on addressing
homelessness.
-------
Chairman Carey reported that at the Mayors
& Managers meeting, they had an opportunity to have a presentation from Dr.
Ann McGee, Seminole State College President; they are celebrating their 50th
Anniversary. She shared the following
facts: Seminole State has 30,000
students, five Bachelor degrees that are industry-specific, their economic
impact to this County is $430 million annually, and 92% of their AA graduates
transfer to UCF, which is approximately 9,000 students a year that are
graduating from Seminole State and going on to UCF. Also, they have a national model with
Seminole County Public Schools that includes college readiness, career
pathways, duel enrollment and honors articulation.
-------
Chairman Carey wished everyone a happy and
safe Labor Day.
ITEMS FOR FUTURE AGENDA
Chuck O’Neal, 101 Stag Ridge Court,
addressed the Board to state he is a resident of Longwood on the west side of
I-4 and would be directly impacted by the demand for bear-proof trash cans on
the west side. He currently is one of
the 370 people that purchased a bear-proof trash can. He pays $5 extra per month for the waste
haulers to collect that.
Mr. O’Neal stated he would gladly urge and
accept this Commission’s leadership on this issue. He agrees with Commissioner Horan that this
is a public safety issue. On October 24th
if nothing changes, there will be armed hunters around their neighborhood
shooting at bears. He wondered what
happens when they miss a bear and whether they will be coming to his house. He asked what if they shoot the bear and not
kill it; now they have an injured bear.
Mr. O’Neal said that in looking at the
jurisdiction issue, the FWC does not have jurisdiction over waste management,
but this Commission does; this is their jurisdiction. The FWC cannot handle waste management issues.
Mr. O’Neal stated that he and his fellow
neighbors on the west side of I-4 are asking that this Commission show
leadership on this issue. If they want
to have a meeting with the Florida Wildlife Commission, that is great, but he
thinks they should do it sooner rather than later because time is running out
for them. A recent poll showed that 86%
of the citizens do not want this hunt, and his neighbors do not want this
hunt.
Chairman Carey stated she does not think
the hunters will be coming to the neighborhoods and believes they will be going
to the state lands. They approved this
hunt, but the problem is in the neighborhoods, not where the hunt is going to
occur. So, what impact does killing
bears in the Ocala National Forest really have on those on the west side of
I-4. Again, this will not address the
neighborhood issue and that is what they are really trying to understand.
Mr. O’Neal stated they asked the FWC this
question, “Where will the hunt occur?”
The FWC explained the hunt will occur in Seminole State forests and
places like that, but it also can occur on any private property with the
permission of the homeowner. They asked
whether there is a minimum size for that private property, and the FWC responded
there was not. He said then if you
authorize a hunter to be on your lot, he can hunt a bear on your lot; where the
bullet goes, they have no idea. So this
is an issue that will be in their neighborhoods because it has been broadcast
to the world where the bears are; they will be in Seminole County. This is a public safety issue and it needs to
be addressed now.
Chairman Carey advised she will get Mr.
O’Neal’s address to respond to him regarding the bear-hunt issue.
Speaker Request Form received and filed.
-------
There being no further business to come
before the Board, the Chairman declared the meeting adjourned at 3:40 p.m.,
this same date.
ATTEST:______________________Clerk_____________________Chairman
el/tp