BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MARCH 8, 2016
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, March 8, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
Clerk of Court & Comptroller Maryanne Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Jonathon Cobb, Spring Meadows Seventh Day Adventist, Sanford, gave the Invocation. Barbara Christensen, former Seminole County Commissioner, led the Pledge of Allegiance.
The Business Spotlight video for Crane Institute of America was presented.
AWARDS & PRESENTATIONS
Agenda Item #1A – No Item Number
Nicole Guillet, County Manager, presented a Proclamation regarding National Women’s History Month.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring the month of March as National Women’s History Month, 2016, and March 8, 2016 as International Women’s Day in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #1 – A-1849-16
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt a Proclamation declaring the week of March 7 through March 11, 2016, as Boys and Girls Week in Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Don Harris, Seminole County Branch Board Member, and Alicia Hodge, Regional Development Officer for Seminole County, addressed the Board to express their appreciation.
COUNTY MANAGER’S CONSENT AGENDA
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:
County Manager’s Office
Tourism Development Division
2. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-36 amending Section 10 of the Seminole County Administrative Code, by adding section 10.6 creating a Sports and Special Incentive Program funded by tourist tax monies and administered by the County Manager's Office. (A-1870-16)
Community Development Division
3. Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Agreement between Seminole County and University of Florida Board of Trustees (Subrecipient) to provide housing counseling for first-time homebuyers and renters in the amount of $53,065. (A-1892-16)
Planning & Development Division
4. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-37 vacating and abandoning a portion of a platted 7.5-foot Utility Easement on Lot 31, Country Lane, as recorded in the Public Records of Seminole County in Plat Book 28, Pages 77-78, more particularly known as 1636 Lawndale Circle; Lynn Freshwater, Applicant. (A-1795-16)
5. Approve the Release of the original Maintenance Bond #1027844 for water & sewer facilities, in the amount of $49,905.41, for the project known as Silverleaf. (A-1866-16)
6. Approve and authorize the Chairman to execute easements with Florida Power & Light Company (FPL) for the dedication of two (2) Utility Easements and two (2) Temporary Construction Easements for the installation of new power poles and the realignment of existing overhead power poles at the Yankee Lake Regional Wastewater Reclamation Facility. (A-1873-16)
7. Approve and authorize the Chairman to execute the Agreement for Shared Emergency Management Information Broadcast Services with the University of Central Florida (UCF) for the broadcast of emergency/public safety information on UCF's FM radio station, WUCF. (A-1813-16)
8. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-38 renaming South Longhaven Drive to Longhaven Drive. (A-1850-16)
9. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-39 renaming Holley Hill to Holly Hill. (A-1791-16)
Animal Services Division
10. Approve and authorize the Chairman to execute the Master Support Agreement with PetSmart Charities. (A-1883-16)
11. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-40 amending certain fees and authority as set forth in Section 20.5 (Animal Services Program) of the Seminole County Administrative Code, which pertains to fees and charges for services provided by the Seminole County Animal Services Division. (A-1893-16)
Budget and Fiscal Management Division
12. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-41 implementing Budget Amendment Request (BAR) #16-033 through the Disaster Preparedness Fund ($10,000) and Animal Control Fund ($1,990) to reallocate a total amount of $11,990 of operating budget to procure a portable, changeable message sign. (A-1845-16)
13. Approve and authorize the Chairman to execute a Federally Funded Subaward & Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $17,134 through the FY 2015 State Homeland Security Grant Program to assist with the purchase of hazardous materials detection equipment; and appropriate Resolution #2016-R-42 implementing Budget Amendment Request (BAR) #16-035 through the Public Safety Grants (Federal) Fund in the amount of $17,134 to recognize grant funding and establish budget. (A-1817-16)
14. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-43 implementing Budget Amendment Request (BAR) #16-037 through the Court Support Technology Fee (Art V) Fund to reallocate $5,105 of operating budget for the procurement of a multifunction printer. (A-1848-16)
15. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-44 implementing Budget Amendment Request (BAR) #16-038 through the Infrastructure Improvement Fund in the amount of $157,876 from Reserves for the P25 Radio System Migration. (A-1863-16)
16. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-45 implementing Budget Amendment Request (BAR) #16-039 through the Building Program Fund in the amount of $15,000 from Reserves for education related to enforcement of the Florida Building Code. (A-1868-16)
Purchasing & Contracts Division
17. Approve Amendment #1 to RFP-600174-07/TLR, Integrated Library Automation System with SirsiDynix, Provo, Utah, for the migration of the existing SirsiDynix Symphony Solution, the continuation of the Service Agreement ($57,480.00 per year for the first five  years); and authorize the Purchasing and Contracts Division to execute the documents. (A-1843-16)
18. Award IFB-602450-15/TLR, Term Contract for Overhead Door Maintenance, Repair and Replacement Services to D.H. Pace Co., Inc., d/b/a D.H. Pace Door Services of Orlando; and authorize the Purchasing and Contracts Division to execute the Agreement. (A-1839-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the following:
19. Approve Expenditure Approval Lists dated February 8 and 15, 2016; Payroll Approval List dated February 11, 2016; and the BCC Official Minutes dated January 26 and February 9, 2016. (A-1872-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Pet Rescue Cooperative Service Agreement with Min Pins & More Rescue, Inc; Florida English Bulldog Rescue; Cavalier Rescue USA – CKCSC, Inc.
2. Parks Contract for Services Agreements with Arthur Barnes, Michael N. Versus, Lisa Cilfone, Nidia Sosa, and Joshua Ryan Smith.
3. Subrecipient Agreement with Florida Department of Health for Program Year 2015-2016, as approved at 7-28-15 BCC meeting; A-1019-15.
4. Seventh Amendment to IFB-601656-13 with Bound Tree Medical, LLC.
5. Fourth Amendment to IFB-601796-13 with Butler Animal Health Supply, LLC d/b/a Henry Schein Animal Health.
6. Second Amendement to IFB-601922-14 with Lafleur Nurseries and Garden Center, LLC.
7. First Amendment to RFP-602204-15 with Michael C. Sasso, P.A.
8. Consultant Services Agreement PS-0121-15 with DRMP, Inc., as approved by the BCC on 12/8/15; A-1457-15.
9. Consultant Services Agreement PS-0121-15 with Singhofen & Associates, Inc., as approved by the BCC on 12/8/15; A-1457-15.
10. Change Order #1 to CC-0222-15 with Rowe Drilling Company, Inc. for Heathrow 1 and 4 Replacement.
11. Amendment #1 to Work Order #30 to PS-8047-12 with PSI.
12. Work Order #42 to PS-8047-12 with Ardaman & Associates, Inc.
13. Work Order #14 to PS-8146-12 with E Sciences, Inc.
14. Work Order #40 to PS-8148-12 with CDM Smith, Inc.
15. Work Order #41 to PS-8148-12 with Parsons Brinckerhoff, Inc.
16. Work Order #42 to PS-8148-12 with Keith & Schnars, P.A.
17. Work Order #43 to PS-8148-12 with CDM Smith, Inc.
18. Work Order #27 to PS-8186-13 with Reiss Engineering, Inc.
19. Work Order #29 to PS-8186-13 with Atkins North America, Inc.
20. Amendment #1 to Work Order #16 to PS-8286-13 with Kittelson & Associates, Inc.
21. Change Order #3 to Work Order #2 to CC-9903-13 with Wharton-Smith, Inc. for the Sports Complex.
22. Change Order #1 to Work Order #20 to CC-9192-13 with All-In Construction Services, LLC.
23. Closeout to CC-9327-14 with Atlantic Civil Constructors Corporation.
24. Florida Public Service Commission (FPSC) Order approving Florida Power & Light Company’s revised tariffs regarding fuel and purchased power cost recovery clause with generating performance incentive factor; Docket #160001-EI; Order #PSC-16-0061-FOF-EI issued on February 3, 2016.
25. Bill of Sale accepting the water and sewer systems within the project known as Aloma Trails.
26. Bill of Sale accepting the water and sewer systems within the project known as AutoZone #6343-SP.
27. Bill of Sale accepting the water and sewer systems within the project known as Wal-Mart Store #525-00.
28. Unauthorized Commitment Memo dated February 5, 2016, from Meloney Lung, Assistant County Manager to County Manager re: Information Technology Consulting Services, Donald Kahrs.
29. Approval Development Orders #02-32000004, Hindu Society of Central Florida, as approved by the Board of Adjustment on March 25, 2002; #15-30000081, Frank P. & Kriss C. Longo; #15-30000082, Martin W.H. Dortants; #15-30000083, William Mansfield; #15-30000085, Aaron Diaz; #15-30000087, Lance S. Metcalfe; #15-30000088, Charles Bryant Clarke; #15-30000089, Corrine M. Wrightman; #15-32000020, Holy Trinity Greek Orthodox of Greater Orlando, Inc.; and #15-32000021, NMS Holdings, Inc.
30. Letter to BCC from Tax Deed Clerk dated 02/04/16 re: Lands Available for Taxes List (2), Tax Deed Sale of 10/08/15, Parcels #20-19-30-501-0000-0550 and #35-19-30-513-2200-0180.
31. Bids as follows:
IFB-602450-15 from D.H. Pace Co., Inc. d/b/a D.H. Pace Door Services of Orlando;
RFP-602439-15 from Life Extension Clinics, Inc. d/b/a Life Scan Wellness Centers; Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Centra Care;
RFP-602434-15 from Vose Law Firm, LLP; Lonnie N. Groot, Esquire, of Stenstrom, McIntosh, Colbert & Wingham, P.A.;
PS-0121-15 from DRMP, Inc.; VHB; Geosyntec Consultants; Singhofen & Associates, Inc.; Kisinger Campo & Associates; and
BID-602502-16 from R.J. Thomas Mfg. Co. Inc.; Compumeric Engineering d/b/a BearSaver; Home Depot USA, Inc. d/b/a The Home Depot Store #6349; Eagle One Products.
Item #20 – A-1810-16
Tony Matthews, Planning & Development Division, addressed the Board to present the request for a Special Event Permit for the Seminole County Fair. He reviewed the details as outlined in the agenda memorandum and advised that county staff recommends approval.
With regard to public participation, no one in the audience spoke in support or in opposition to this item and public input was closed.
Motion by Commission Carey, seconded by Commissioner Constantine, to approve the Special Event Permit for the Seminole County Fair at 440 Hickman Drive, to be held March 25 through April 3, 2016, subject to staff’s recommendations and conditions of approval; R&R Investments, LLC, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #21 – A-1781-16
Kim Fischer, Development Review, addressed the Board to present an appeal of the Development Review Engineering Manager’s decision to approve a Small Site Plan for the Parlato property located in the Woodland Estates five-acre development off of Old Lockwood Road, and more particularly described as 2331 Red Ember Road; Walter Osborne, Appellant.
Cheryl McDonough, Court Reporter with Kerr & Associates, was present (business card was received and filed).
Ms. Fischer presented the request as outlined in the agenda memorandum. She detailed the request is to fill a livestock pond to grade, demolish a small concrete slab in the rear of the property, and clean out the existing culvert and ditch area for a driveway. Development Review Engineering Division staff conducted a site visit and topography research, reviewed historical photographs, and discussed the request with the Florida Department of Environmental Protection.
Ms. Fischer advised that they received one letter from the Appellant, Walter Osborne, and subsequent emails appealing the decision to approve the Small Site Plan. She then reviewed staff’s findings and stated that staff recommends the Board uphold the approval of the Small Site Plan for the Parlato property.
Commissioner Carey questioned whether a permit had ever been issued for the pond that was dug in the 1980s to which Ms. Fischer responded no. Commissioner Carey then confirmed it was just an agricultural pond dug for livestock at the time.
Walter Osborne, Appellant, 2321 Red Ember Road, addressed the Board and distributed a booklet of copied photos entitled Woodland Estates (received and filed). He advised the reason for his expert is in order to get an independent opinion. Mr. Osborne said he is in the process of getting another expert, but the problem is that experts don’t like to get involved in negative situations; he had one quit and two surveyors quit. He opined that it is important that the Board know and understand there are active lawsuits related to deed restrictions, and that he has made some progress in that.
Tuan Huynh, Regional Consultant Engineers, LLC, addressed the Board on behalf of Mr. Osborne and stated he has been a practicing civil engineer for over 20 years and has been a professional engineer for about 16 years. He previously worked in the stormwater divisions of both Orange County and Seminole County. He said he is not aware if there are lawsuits involved so this job is to look at and analyze the existing drainage condition and the staff report.
Upon inquiry by Commissioner Carey, Mr. Huynh responded that he is being paid by Mr. Osborne for his time and service.
Commissioner Dallari stated that Mr. Osborne mentioned pending lawsuits and questioned if the County is named in any of them. Bryant Applegate, County Manager, advised that he is not aware of any lawsuits filed by Mr. Osborne against the County.
Mr. Huynh referenced Item #1 under the Development Review Engineering staff’s conclusions and stated he is not a biologist or an environmentalist, so the first sentence stating the livestock pond is not a functioning wetland is for another expert to speak about. In regard to the next sentence under Item #1, “filling in that area would not result in the alteration of existing drainage patterns,” he stated it is a very vague statement and there could potentially be issues because alteration of existing drainage can cause flooding for adjacent property owners and have an adverse impact. He displayed a survey of the Parlato property (not received) and said he delineated the drainage space. He opined the pond is also a retention pond because it receives stormwater runoff.
Commissioner Carey confirmed with Mr. Huynh that the survey he displayed had topographical numbers. Mr. Huynh stated the drainage pattern is from the rear of the property to the front of the roads, Red Ember and Scrub Oak Trail. He pointed out different elevations on the survey. He stated as the drainage goes past the pond, it goes in a northeast direction toward Scrub Oak Trail. He stated there is over an eight-foot drop from the high point to the road. He explained if the Applicant were to fill in the pond, the drainage that used to go there would bypass that pond and go toward the roadway; it would not be attenuated or collected. He explained that the concern is that the statement staff made in finding #1 that the existing drainage pattern would not be altered is not true. He added that based on pictures obtained by Mr. Osborne last year, the roadway is currently being flooded; the swell system cannot handle the capacity.
Commissioner Carey questioned what the elevation was on the west side of the pond and on the east side of the pond. Mr. Huynh advised the elevation on the west side of the pond is 38.5 and it is 37.1 and 37.5 on the east side. He added it is much lower than 42.5 at the rear of the property. Commissioner Carey stated that water will run to the east regardless. Mr. Huynh commented that it would go to the pond because it is a 5½-foot drop and if the pond is not there, it will go toward the road.
Mr. Huynh displayed photo #16 and said it was taken in 2005 of Red Ember Road during the rainy season. He advised it is just west of Mr. Osborne’s lot and the road gets flooded during a heavy rain storm in the summer, probably two to three inches. He showed photo #17 of Red Ember Road and said it is also west of Mr. Osborne’s lot. He displayed photo #18 and stated it is on Scrub Oak Trail, south of Red Ember Road, and it also gets quite a bit of water. He displayed photo #15 of an empty lot with fencing and said this shows flooding and spilling into adjacent properties, so the drainage system is not functioning the way it was designed.
Commissioner Carey asked Mr. Huynh to point on the photo to the side of the fencing that is Mr. Osborne’s property and the side that is his neighbor’s. Mr. Huynh said Mr. Osborne’s lot is to the east and was not in the photo. Commissioner Dallari confirmed that neither side of the fence shown in the photo was Mr. Osborne’s property. Mr. Osborne stated his property is across the street. Mr. Huynh stated that when there are high conditions, the water potentially reaches the road and the front of the road reaches to Mr. Osborne’s lot. Commissioner Carey asked if there was a heavy rain the day the photo was taken. Mr. Osborne stated the ground was wet and that was 3½ inches, and they could have gotten 3½ inches the next day and the day after that, based on him living there 25 years and that would definitely, along with Mr. Parlato’s water, flood Scrub Oak Trail. Mr. Huynh stated that Scrub Oak is downstream of Red Ember and everything goes to Scrub Oak and then into the Econ River; he added the water goes west to east. Mr. Huynh stated, therefore, he does not think the statement about there being no alteration of existing drainage patterns is true, in his expert opinion.
Mr. Huynh advised the other issue they have is there are pockets of erosion along Red Ember Road and on streets within the subdivision caused by flooding, because when water spills into the roadway and then it recedes, it takes away the dirt and gravel on the roadway.
Mr. Huynh displayed a photo of water on a roadway. Upon inquiry by Commissioner Carey, Mr. Huynh answered these are private roads and Mr. Osborne advised there is no homeowners’ association to maintain them. Commissioner Carey questioned whether it is their subdivision’s responsibility to maintain the roads. Mr. Osborne stated since there is no homeowners’ association, the maintenance is via deed restrictions. The County told him the only way to do anything here is through a civil case, which is very expensive, and he has two of those active now. Mr. Huynh said he believes the deed restriction in that subdivision says that it is the responsibility of every owner to maintain drainage on their lot and the road system, so everybody has a responsibility to help maintain and prevent impact. Commissioner Carey opined that without a homeowners’ association there is no mechanism for collection of dollars. So for the homeowners in that subdivision, all they have to do is maintain the drainage in front of their house and their half of the road.
Commissioner Carey asked whose property the picture of the road washout was in front of, and Mr. Osborne advised it is a little west (of his property) and that it is real, and if Mr. Parlato does not correct his drainpipe, that (road washout) will occur. He added it (the drainpipe) is very defective and it is part of his lawsuit. He stated his recommendation is that the Board postpone a decision on two of the items to give him a chance to proceed with the civil case. He also believes he can turn staff around when he provides septic tank information from the Department of Health and the current condition of Scrub Oak Trail, which is terrible. He opined that it is a disaster for emergency vehicles, so his request is going to be either for three months or six months in order to attempt to solve this. There are four drainpipes that will cause this and Mr. Parlato has one of them. Mr. Huynh stated the erosion is caused by flooding and these photos are just showing flooding and erosion. Commissioner Carey stated the road does not look like it was built to any standard. The site plan proposed cleaning out the existing culvert and ditch area for a driveway. Mr. Huynh stated their concern is that the pipe is undersized. He showed a photo of a typical 24-inch pipe further upstream on Red Ember Road. Mr. Huynh said based on the county staff report, downstream, it says 24 inches, but it is 10 inches in the middle that also causes a problem. So they feel that cleaning out the pipe does not solve the drainage issue and he opined it needs to be enlarged across the Parlato property’s driveway. Chairman Horan asked who installed the pipe. Mr. Huynh advised he was brought on six months ago and does not know who installed the pipe. Mr. Osborne stated he thinks that people did whatever they wanted to do in this subdivision, and they continue to do whatever they want to do. Chairman Horan confirmed that the pipe is not part of a Seminole County stormwater structure. Commissioner Carey questioned how big the pipe is at Mr. Osborne’s house. Mr. Osborne advised his pipe is 24 inches and feeds into Mr. Parlato’s pipe, but across the street, he has 15½ inches. He added the survey shows the pipe is 12 inches but it is completely wrong because he measured it 8 times on different days and it is a 10-inch pipe.
Chairman Horan explained that they are here on an appeal of an approval of a site plan. As he understands it, the site plan was to fill a livestock pond to grade, to demolish a 12-foot x 15-foot concrete slab, and to clean out the existing culvert and ditch area for the driveway. He is interested in what particular portions of the Land Development Code did county staff not follow in approving this site plan. Mr. Huynh reiterated his comments regarding the alteration of existing drainage patterns and stated he does not agree with staff’s findings. Chairman Horan asked whether Mr. Huynh had any technical information that would support that opinion. Mr. Huynh stated they would need a drainage study to support their opinion. Chairman Horan asked if Mr. Huynh did a drainage study and he responded that they did a field investigation; he was at the site six times. He stated he delineated the basin, looked at the photos, and looked at the surrounding area, but to run hydraulic calculation to see the quantity and how much rise requires a study, which is why Mr. Osborne stated they needed more time. He added he thoroughly looked at all the data on the application and the topographic survey and the basins. Chairman Horan clarified that Mr. Huynh is stating that he has not done a drainage study but has done an observation study and produced a document (topographic survey with delineation not received and filed) to submit into evidence to challenge the finding that the filling of the pond will not result in alteration of the existing drainage pattern.
Chairman Horan asked whether they had an issue with regard to the demolition of the small concrete pad to which Mr. Huynh responded that they have no issue with that because it does not affect drainage. Chairman Horan then questioned whether they have an issue with the clearing and extension of the driveway crossing. Mr. Huynh answered “no because the picture says 24 inches.” The Chairman further clarified that the entire appeal then is on the basis of the filling of the pond to which Mr. Huynh responded that it is a big item.
Mr. Huynh displayed a topographical survey of the entire development showing flood prone areas from the agenda memorandum (Page 321). He pointed out Mr. Parlato’s lot (#18) and Mr. Osborne’s lots (#19 & #20) and said the flood prone area goes through those three lots at the rear and that this is county staff’s data. He said the County Engineer has to do a thorough review and they believe that has not been done; however, he stated he believes he has done a thorough review.
Commissioner Dallari stated that in the backup is a copy of a Resolution dated 1980 referencing all this property and it talks about the different parcels, private road access, soil conditions, and it basically is saying that the County is not responsible. However, Item #7 reads that, “No governmental entity, including Seminole County, shall be responsible for the construction, reconstruction, or maintenance of any private road easement in this Development, now or at any time in the future.” County Attorney Applegate advised the 1980 Resolution approving the site plan made several things clear and he read that the private road easement access may be limited during times of adverse weather conditions and lack of maintenance; the development may not have suitable soil for building construction; maintenance of private road easements will be performed by individual lot owners; and that no governmental entity including Seminole County shall be responsible for the construction, reconstruction or maintenance of any private road easement in this development now or at any time in the future. Commissioner Dallari noted that is talking about roads, and asked about the drainage. Mr. Applegate stated that drainage would be included and responded to another question from Commissioner Dallari saying that would include drainage on private property. Commissioner Dallari asked whether Mr. Huynh had reviewed all of this, and Mr. Huynh explained that his task right now is to look at the flooding issue within these lots, not the entire area and the legality. He is just looking at the drainage problem between Mr. Osborne and Mr. Parlato.
Upon Commissioner Carey’s request, Mr. Huynh displayed the flood prone area topography map again. Commissioner Carey stated that in the Development Order, it states that there are three small surface drainage depressions which are within the 100-year floodplain of the subject property but do not encompass all of any one-acre lot and that all lot owners must comply with existing flood prone ordinances. She said as she understands it, the Department of Environment Protection as well as the Water Management District have said the request for the site plan will not impact the situation out there. Ms. Guillet added they said it was exempt from permitting.
County Manager Nicole Guillet asked that staff explain the review they did of the pond because there was an indication that staff did not do a thorough review, and she would like the record to reflect what they actually did with respect to reviewing this matter.
Ms. Fischer advised that County staff did a site visit and they looked at topography and the history of the aerial photography. Staff concluded that sometime between 1980 and 1986 is when the pond was constructed. There was no house on the site so it is reasonable to say that it is not a retention pond; it is an agricultural pond. She stated when you are out there and you look at some more detailed grading, you can see a little bit of a lip going around the man-made pond. The very back corner of the Parlato property is where they have floodplain; Mr. Osborne’s property does not have floodplain. Ms. Fischer explained the contours are naturally flowing towards the river and they are going from the north, to the south and to the east. So affecting existing drainage patterns means today and before the pond was built. So before the pond was built, the contours speak for themselves; they are going towards the river, and today, staff believes that the pond is being bypassed. It would only be a small portion, but staff does not believe that it is going to the pond and that the existing drainage patterns are still being met. She added this is not a retention pond and this is not a jurisdiction pond, it is just simply an agricultural pond. Commissioner Carey stated then that the sheet from the west is flowing across the land to the east regardless of what someone is doing out there. Ms. Fischer advised that there are some swales that are functioning and there are some swales that are not functioning, and some swales are just simply not there. She added eventually water is going to win and it will make its way to the river.
Chairman Horan asked Ms. Fischer to state her credentials so they are in the record. Ms. Fischer stated she is a licensed, professional engineer.
Nicole Carolan, Attorney with Winderweedle Haines Ward Woodman, addressed the Board to advise she is here representing the Parlatos today, and another attorney in the same firm is also representing the Parlatos in connection with the civil litigation filed by Mr. Osborne.
Ms. Carolan distributed packets (received and filed) and explained one includes letters of support from the neighbors and the other is a report prepared by the engineer that the Parlatos retained to look at this appeal and to look at Mr. Osborne’s engineer’s analysis.
Ms. Carolan explained that her clients purchased the property in 2006 as part of their retirement to build a home with plenty of acreage for their grandchildren to enjoy as well as space to pursue their interest such as vegetable and herb gardening. They built the home in 2007 through a contractor that properly applied for and obtained building permits through Seminole County. Since moving into their home, they have been faced with constant harassment and threats from Mr. Osborne, which is their neighbor to the immediate west. She added that the subject of the civil litigation is related to the drainage on the front of the property, which is a private drainage easement and it is a private road. Ms. Carolan advised that Mr. Osborne has already had his day in court and her firm has already filed a motion to dismiss. They have nailed down the three topics today and they believe two are not an issue, pulling up the concrete slab and the front driveway area. She explained they actually obtained a permit to clean out their ditch. Chairman Horan stated the Appellant indicated the only issue is the filling of the pond.
Ms. Carolan noted that they hired Reginald Tinsdale, who has 50 years’ experience, to look at the property and confirm that what county staff has found about the property is accurate. She advised Mr. Tinsdale confirmed that because of the natural flow of the land, filling a pond when it is already draining in that direction, will not somehow then drain back up the slope and onto Mr. Osborne’s property. She advised that the survey Mr. Huynh submitted today is actually a survey that the Parlatos obtained when they purchased the property that he had just highlighted over. It is not a professional site plan that he prepared and he did not go out there and take those elevations.
Ms. Carolan stated that the Board has two professional opinions: one from the engineer that the Parlatos obtained and one from county staff. She believes that is sufficient to find that a thorough review has been done and this is not going to affect the drainage patterns on the property. Also, their engineer looked at everything in the file and it is clear that this is not a retention pond; it is a livestock pond. There is no neighborhood association and there is no easement over that pond. There is no right for Mr. Osborne to drain into that pond. The Parlatos are private owners that have decided to refill in the pond that was dug several decades ago.
Mr. Huynh asked county staff to again display the topographic contour map. He noted that this is a USGS topographic map done by the federal government. It is not as accurate as a topographic survey and stated the map could have been generated 20 or 30 years ago. He stated when they do a drainage analysis, they rely on more accurate data like a topographic survey. He added if that is the information staff based the drainage pattern flow, the topographic survey of Mr. Parlato’s lot has a more accurate data. Chairman Horan asked how that piece of evidence is inconsistent with the piece of evidence that he submitted, which seems to him as a lay person is the same drainage pattern. Mr. Huynh stated it is not because the flood prone area map shows it is sloping towards the west, and he opined the survey of Mr. Parlato’s property shows that a portion goes to the pond. He added the detail on the USGS map does not show accurately as compared to a topographic survey done for each lot in which he delineated the basin.
Commissioner Carey pointed out that Mr. Huynh is stating that the map is not accurate for a drainage analysis but he stated earlier that he had not performed a drainage analysis, that he just did an overview based on this topo. She asked if he had done a drainage analysis or not. Mr. Huynh stated that this is a drainage analysis, this is a drainage study. He added when you take data and delineate a basin, look at points and look at flow rates and look at pipes; that is a drainage study. Commissioner Carey stated that he said he has not done any flow rates, how much water is coming off and where it is going, and which is going in what direction. She added it is clear from the topographic information that the flow is going from the west to the east, all across this property, going to the river. She asked if he agreed with that. Mr. Huynh stated that based on the topographic survey, a portion of the water goes to the pond. Commissioner Carey questioned how much water Mr. Huynh was talking about because the water from the west is sheet flowing across the Parlato property to the east. Mr. Huynh stated there is 1.5 acres of runoff during a rainstorm. She questioned whether that was during a 25-year event or a 100-year event. Mr. Huynh stated the picture is designed for a 10-year event, usually around 6 inches of rainfall. He noted that with a 3-inch rainfall, Red Ember Road gets flooded, and the swale and pipe is designed for a 10-year system. An acre of runoff going towards the roadway is not a small area. Commissioner Carey stated she thinks when they do engineering for a site, they do it for a 25-year storm event or a 100-year storm event. Mr. Huynh stated that is for a retention pond; the roadway system that is failing right now with the flooding, the swale system and pipe, is designed for a ten-year because you cannot build ponds in the roadway, the right-of-way is restricted.
Commissioner Carey noted that Mr. Huynh’s argument is that this is a retention pond and now it is not a retention pond. He responded that he is saying that in the design of the swale that is getting flooded, they lowered the standard to a 10-year design and if you apply a 25-year design to that, it will make the flooding worse. Commissioner Carey confirmed that Mr. Huynh has not done that calculation, however.
Chairman Horan commented whether the pond is there or not, it still drains west to east. Mr. Huynh reiterated his opinion. Commissioner Carey added that if Mr. Parlato fills the pond, the water will not flow back to the west onto Mr. Osborne’s property and questioned if Mr. Huynh agrees with that because she has another engineer’s opinion here that says it will not impact it. If the pond is filled at the level of the elevation today, it will not cause water to backflow west onto Mr. Osborne’s property. Mr. Huynh stated the Commissioner can ask staff because Mr. Parlato’s lot is raised about a foot above Mr. Osborne’s lot. The Commissioner asked then how can the water be flowing from the west to the east, she said she does not understand because that would defy the laws of gravity. Mr. Huynh explained that that was another issue because going west to east, Mr. Parlato’s lot is a foot higher than Mr. Osborne’s, because if you go out there, you can see it based on the photograph and the field visit. He added when the flow is west to east, it makes the situation worse because the water is trying to go towards the river but it gets dammed up along Mr. Osborne’s east property line adjacent to Mr. Parlato’s. So, he said, all these issues by filling in the pond, the undersized pipe, and the lot being a foot higher than Mr. Osborne’s, are blocking the natural flow of the west to east toward the river and are creating more flooding, which is why they want to look at this information more thoroughly before staff recommends an approval, because once the drainage problem is worse, it will be harder to fix.
Commissioner Henley requested that staff display Exhibit A from Mr. Tisdale’s report which is an aerial photograph of the subject lots. He asked Mr. Huynh to point to the portion of Mr. Osborne’s property that is being flooded. Chairman Horan clarified that Commissioner Henley would like Mr. Huynh to show on the exhibit how the sheet flow that he is describing would end up on Mr. Osborne’s property. Mr. Huynh stated the flow is west to east toward the river and along the roadway (Scrub Oak Trail) and a portion of the lot drains to the front. Along the east property line, the lot was raised a foot higher than Mr. Osborne’s lot; there is a grade difference. He explained so that as water is trying to get from west to east, it is going to be blocked on Mr. Osborne’s lot and there will be ponding along there. Commissioner Dallari questioned whether he is saying Mr. Parlato’s property is higher than Mr. Osborne’s property and asked if he had elevations to show that. Mr. Huynh stated he was out there and displayed a picture. Commissioner Carey commented that the picture does not show anything and asked for the topographic information that shows that because if in fact the Parlato’s property was a foot higher than Mr. Osborne’s, Mr. Osborne’s water would not sheet flow across to the east into the river. Mr. Huynh said that is another drainage impact and is another issue between the two property owners.
Chairman Horan summarized that the thrust of Mr. Osborne’s appeal is that the pond should not be filled because that will divert the natural drainage. Mr. Huynh responded that it creates more impact.
Commissioner Carey had the topographic survey displayed again. She asked Mr. Huynh what the topo information is on the west side of the pond and he stated it is 37.5; and she asked what it is on the east side, to which he replied 37.1. Commissioner Carey stated it is lower on the east side than it is on the west side, and if he fills in the pond, the water will continue to flow to the east. Mr. Huynh said the pond receives stormwater right now.
Commissioner Dallari referred to the highlighted area on the topographic survey that Mr. Huynh delineated which shows all the water going into the pond. He asked whether Mr. Huynh believes all the water is going into the pond and none of it is going east. Mr. Huynh pointed out the portion he believes would go east because, he said, it breaks toward the roadway; there is a three-foot drop. Commissioner Dallari asked if there is a ridge there that will get all the 1.25 acres to go towards the pond. Mr. Huynh responded yes, part of it will go toward the pond and part will break along that ridge.
Commissioner Carey asked what the topo numbers are to the west of Mr. Parlato’s house and Mr. Huynh stated it is 38 elevation which is half a foot higher than the pond, so it goes toward the pond. The Commissioner then asked what the elevation was going straight across to the east from where he just read the 38. Mr. Huynh stated it is about 38.5 but that it is a foot higher around the house. Commissioner Carey commented she knows the house is built up because if you are in a flood area like this, you would build the house up so the house does not flood, so of course the elevation around the house is going to be higher. She asked that Mr. Huynh read what the elevation is going east of the house, in the middle of the land, since that delineated map was not included in the information the Board received. Mr. Huynh stated it is about 37. Commissioner Carey then noted that the elevation on the west side is higher than the east, which means the water will flow west to east.
Mr. Osborne repeated that he paid $1,000 for this appeal and he only had to pay $500 to get a trial in court. He stated he sees so much information that is simply misleading and he finds it discouraging because the Board is the quality control group. He said that Commissioner Dallari and the #2 County Manager visited his property and clearly saw that Mr. Parlato’s lot has been raised. Mr. Osborne said the way it was raised is illegal fill and Mr. Parlato has no concern about his flooding situation. He added Mr. Parlato causes him to flood and the Board has the photographs. He explained he did a number of hits in the Development Code which then refers to other codes; all over the place is “will this adversely affect surrounding properties.” He stated that as a quality control group, the Board members look at the future, and this decision today is going to hurt the future, and this is definitely going to affect him because it will make it impossible for him to get a decision in the court related to the deed restrictions. He added the Board does not want to make it impossible for homeowners to try and use the deed restrictions to improve serious drainage problems. The other thing is that he does believe he can convince staff that it is a problem. He added the Board is saying he should do all this analysis but the Parlatos will not allow him on their property; they put a dog out so it is impossible for his surveyors, and two surveyors have quit, so he cannot get the data.
Chairman Horan stated they have received the evidence and they are cognizant that Mr. Osborne has private litigation pending concerning this, but of course this Board cannot address those particular issues. He asked if Mr. Osborne had any further evidence to submit. Mr. Osborne stated the pond was not dug for livestock; the pond was dug which raised the elevation of the northeast corner. His best friend, the first owner, dug the pond. He opined it has never been a livestock pond and it is a retention pond and a very helpful retention pond. He advised his best friend dug it to raise the elevation and then he put in a pipe for the overflow and so forth. Mr. Osborne displayed a photo and stated that it is a picture of flooding of his lot caused by his neighbor’s lot. He added that the lot with the pond and so forth, all that has an effect, and again, how does this affect the surrounding area. He said it causes flooding.
Commissioner Carey questioned whether the photo Mr. Osborne displayed which shows flooding is the flood prone area of his lot in the rear. He advised this is adjacent to his lot; it is about 100 feet from the pond. He added if the Board approves the driveway, that will so badly prejudice the lawsuit because Mr. Parlato will say that the Commissioners said it’s okay. Chairman Horan reminded Mr. Osborne that they are here today just on the site plan; Mr. Osborne is appealing the approval of the site plan based upon the Land Development Code. He added that Mr. Osborne has stipulated in the record that the only issue is the pond. Mr. Osborne disagreed and said that is what Mr. Huynh thought. Chairman Horan reminded Mr. Osborne that Mr. Huynh is his expert. Mr. Osborne answered that he himself has to state what the real goal is, and the real goal is an extension so that he can get survey data and show them all conclusively that this is a problem and a very bad problem because this is going to go onto Scrub Oak Trail. He added that Scrub Oak Trail has septic tank problems and in that three months the Board gives him, he will apply for a septic tank permit on these lots that are affected and show the Board that this will create a wet swale where they now have a dry swale. They are not going to get 50 truckloads of dirt removed from that pond so they should postpone it and give him, the Appellant, a chance to try and prove to staff it is a problem. He stated the pond is twice the size the Applicant said, and that any high school student can calculate the pond.
Commissioner Dallari stated that Mr. Osborne’s engineer was saying that on the western side of the Parlato property, there is an elevation of 38 and then going east, it goes to 37.5 and then further east, it is 37.1, so it is sloping towards the river. He asked Mr. Osborne if that was correct. Mr. Osborne stated that once you are on Mr. Parlato’s lot, it slopes towards the river. The Commissioner asked if Mr. Osborne had elevations of his own property. Mr. Osborne responded no, but he is working on that and he has already paid $1,100 and has an appointment with the surveyors. He has the information for the Board to make a quality control check. He said they have serious problems and that Mr. Parlato’s drainpipe is one of four that should be fixed. Chairman Horan pointed out that these are issues that are not relevant to this appeal. Mr. Osborne opined that the Board is approving Mr. Parlato’s drainpipe by allowing him to extend it. The Chairman explained that all the Board is dealing with is the appeal on the site plan, and asked if Mr. Osborne had any further evidence to submit. Mr. Osborne concluded by saying this is a very helpful retention pond and is adjacent to him and wondered whether the Board would allow them to fill the retention pond so the Parlatos can increase the size of their backyard. He stated the retention pond has been there 31 years. He added there is no hurry to make a decision. He is saying three months and he wants to have his surveyors out and provide the Board some more information because this is definitely going to affect the septic tank.
For clarification, Commissioner Carey stated this is a planned subdivision where that was probably intended to be a retention pond as a dedicated tract to the County. There is a huge difference between what Mr. Osborne is showing here and his situation based on his development order that was written back in the 1980s, which is like comparing apples and bananas as an example. Today they do things differently than they used to; when a subdivision comes in and they are using a retention pond like this, the County requires that to be put into a particular plat for the benefit of the subdivision. She explained that Mr. Osborne’s situation is different from that. She does not want the record to reflect that Mr. Osborne is asking a question that is similar, because this is not similar at all. Mr. Osborne expressed that his general concern is that he wants to have more time to prove to the Board that this creates flooding and septic tank problems and he is requesting more time. Chairman Horan advised that the Board can approve the appeal, deny the appeal, or request to continue to a time and date certain.
Michael Kolb, 2516 Fawn Run, addressed the Board and stated that his property is on the other side of the Parlato’s on Red Ember. He said he considers “King” Osborne, as he knows him, to be a friend, and he considers Gerry and Carleen Parlato to be friends also. He advised he bought his property in 1996; and if he had read the 1980 memorandum referenced earlier, he may not have bought it. However, he is glad he didn’t read it because he is glad he lives there. He said it is a wonderful neighborhood and Gerry Parlato is one of the best neighbors one could have. The reason they want to fill in the pond is admirable and to delay that would be wrong. They have a small granddaughter who now runs around and they simply want to fill in that hole so it doesn’t fill with rain water when it rains and there is a chance for a hazard. He said he implores the Board not to delay this any further and let the Parlatos fill that in. In regard to the roads, Mr. Kolb said that what the Board stated before is absolutely correct, it is an unfinished subdivision. The property owners are responsible for their own properties and he is one of the people that drags the road to try to maintain it.
Speaker Request Forms for Ms. Carolan and Mr. Kolb were received and filed.
Cindy Moscato, 2452 Fawn Run, addressed the Board and advised she had sent some emails to Commissioner Dallari. She stated the Board is correct about the road; they do not and have never had anyone, the County or anyone else, tell them what type of pipes to put in their driveway. There are assorted, different sized pipes. Some of them have been replaced, some bigger than smaller. As far as the hole they are talking about, she said her grandchildren also go there and pick blueberries and do many things on the Parlato’s property. She said she appreciates the great neighbors that they are; they are fantastic neighbors, and she couldn’t ask for anyone better than them. She requests they approve the filling of that hole so her grandchildren can still go there and play, and she appreciates it if the Board would deny the appeal.
Mr. Osborne stated the pond is fenced and no one can get in there; he cannot even get in there.
Gerry Parlato, 2331 Red Ember Road, addressed the Board and stated he is the owner of the property in question and the pond. He advised the pond is not fenced. The pond is open to his granddaughter running around out there. He was a firefighter for 28 years and has seen the tragedies of open pits and he does not want that to happen to his granddaughter. When the water goes down, it turns into a stinky mess and you can’t get within 50 feet of it without an adverse effect to your nose. He added his dogs go in there all the time and then get skin infections. It is filled in with weeds so he cannot maintain it. He said the pond is approximately the size of the room they are in today and five feet deep. It does not hold that much water.
Commissioner Constantine stated he has not heard anything about the effects this might have on the Econ River. He asked staff whether there will be an effect on the river. Ms. Fischer responded that as Commissioner Carey had indicated, when you do a retention pond, it is providing water quality and water quantity. It is permitted, therefore making it jurisdiction, and it has several types of benefits and you simply cannot fill it. This is not a retention pond. This does not fall under any regulations. This is a private pond that somebody did, so it is not providing any sort of water quality or quantity to the Econ River. Commissioner Constantine added, “or lack thereof.”
Commissioner Carey questioned whether the Water Management District as well as the DEP has looked at this. Ms. Fischer advised this falls under DEP jurisdiction. If you do a subdivision, it would fall under the Water Management District, but since this is a single-family residential, it falls under DEP. Commissioner Carey confirmed then that the Department of Environmental Protection has looked at this and given an opinion. Ms. Fischer said their opinion is that this is not jurisdiction and they may proceed and fill it.
Commissioner Dallari questioned Ms. Fischer’s previous comment that there was a lip on the pond or hole. Mr. Fischer advised there is a small rim; there are a couple of topo shots that indicate that, but if you are out there, you can actually see it. Commissioner Dallari stated that in Ms. Fischer’s review, she is saying to put the property back to its original state so that everything flows to the east. Ms. Fischer stated that is correct, it will continue sheet flowing towards the east. They are not going to make it higher than existing grade; they are going to level it to grade, so it will continue flowing to the east. Commissioner Dallari asked in Ms. Fischer’s opinion whether any water would be flowing back onto Mr. Osborne’s property. Ms. Fischer stated that water would have to flow uphill to go onto Mr. Osborne’s property.
Chairman Horan advised that included in the agenda memorandum is a letter from the Department of Environmental Protection indicating that the pond itself is exempt.
With regard to public participation, no one else in the audience spoke and public input was closed.
Commissioner Dallari noted he had been out to the site twice, once with Kim Fischer, P.E., and a building official who went to the site and met with Mr. Osborne, and the other time he went out there with Bruce McMenemy, Deputy County Manager. He also stated he received emails from different citizens and a phone call from one of the property owners out there, Mr. Gary Wilkerson, and he spoke to him yesterday. He added that today he is basing his decision on the information submitted today.
Commissioner Dallari stated he understands that once the hole is filled in, everything will continue to sheet flow as it naturally did. The state agencies as well as two different engineers advised there will be no effect to Mr. Osborne’s property.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to uphold the Development Review Engineering Manager’s decision to approve the Small Site Plan for the Parlato property located in the Woodland Estates Five-Acre Development off of Old Lockwood Road, and more particularly described as 2331 Red Ember Road; Walter Osborne, Appellant.
Commissioner Dallari cited the 1980 Resolution in the backup that the County Attorney read from and stated those issues are private issues and are not County issues.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board recessed the meeting at 11:26 a.m., reconvening at 1:32 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Terri Porter who was replaced by Deputy Clerk Kyla Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Carey, 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.
NUISANCE ABATEMENT/1010 Dunbar
Agenda Item #22 – A-1799-16
Proof of publication calling for a public hearing to consider the request to adopt a Resolution issuing an Order to declare the existence of a Public Nuisance at 1010 Dunbar Avenue, Sanford; to require corrective action by May 7, 2016; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owners, received and filed.
Liz Parkhurst, Building Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Parkhurst stated on January 26, 2016, the Board issued a Notice of Determination of Public Nuisance for the unoccupied structures. The Notice ordered that the structures be repaired or rebuilt in compliance with the Florida Building Code or be abated through demolition. She added that to date, no corrective action has been taken; and there continues to be a steady decline in the condition of the property. Ms. Parkhurst noted that the purpose of this public hearing is to provide the record property owners the opportunity to appear before the Board to state why the subject structures do not create a public nuisance and why the property should not be abated. She explained that pursuant to Chapter 168 of the Seminole County Code, notice of this hearing was received by the record property owners James Bradwell, Jr. and Martha Harris. Staff recommends that the Board issue an Order declaring the unoccupied structures a public nuisance and require corrective action be taken by May 7, 2016. Ms. Parkhurst stated that in the event the record property owners do not take corrective action by May 7, 2016, it is further recommended that the Board direct staff to abate the public nuisance. Paul Watson, Building Official, is present for any questions from the Board.
Property Owner James Bradwell, Jr., 4681 Richard Allen Street, addressed the Board to state he is 74 years old, has recently had several operations, and has only been given a month and a half to fix his property. He added that his sons have moved to the area; and if the Board can give him more time, the property will be cleared. Mr. Bradwell explained that this property is where he grew up, and he has a lot of memories there. He has a Bush Hog available to him, and his sons are going to help him clean the place up. He discussed how he feels he was singled out by someone who had an interest in purchasing his property, and that person is the reason a code enforcement officer came out.
Commissioner Carey expressed that the action today would give Mr. Bradwell until May 7 to get the property cleaned and secured. She explained that the Building Inspector has been to the property and reported that the house is not inhabitable. She asked Mr. Bradwell if May 7 is enough time for him and his sons to fix the property. Mr. Bradwell responded he needs more time than that because his sons have to work and they have families so they can’t devote all of their time to his property.
Commissioner Carey explained that if the County cleans the property up so it is no longer a public nuisance, Mr. Bradwell still owns the property and whatever the cost is for the County, which is normally pretty minimal, would become a lien on the property for some future time of collection if the property was ever sold. Mr. Bradwell responded he does have a potential buyer. He added since he is getting older, he would like to get rid of the property; but because of the economy, nobody has any money. Commissioner Carey stated she is out in that community often and believes that the property would be easier to market if it was cleaned up. She added she believes it would be cheaper to let the County clean it up than hire a company to do so. Mr. Bradwell stated he would like to evaluate the situation; and if it would cost him more to repair it than it would to demolish it, then he will just demolish it. Commissioner Carey stated she would like the Building Official to give an update on the likelihood of the property being repairable.
Mr. Bradwell stated again that he feels he was singled out; and Commissioner Carey explained there are several homes in Bookertown that have been scheduled to go through the same process as Mr. Bradwell, but there are several steps they go through before they get to the Board. Mr. Bradwell mentioned other properties in his area that he feels are in need of attention. Commissioner Carey stated she is taking notes and will see what the County can do about getting those properties in compliance. She explained that the County is working very hard with the Bookertown community to clean it up. They have approved street lighting, they are active in neighborhood cleanups, and they are looking to make improvements to the park.
Chairman Horan asked the Building Official how long the house has been vacant. Mr. Watson replied that June 2013 is the first time it went before the Code Enforcement Board and agreed that it has been uninhabitable for several years. Upon Commissioner Carey’s inquiry, Mr. Watson stated he has not been through the house because it was locked the time he went, but there is siding off on the floor, you can see the inside has water damage, as well as water intruding inside the house from the roof. He displayed a photo and said he knows the walls are damaged, he just doesn’t know how bad; and added it has been that way for some time. Chairman Horan noted the depreciated building value is $102 on the tax roll.
Mr. Watson discussed four other houses in Bookertown that will be getting letters over the next couple of weeks as soon as the attorney gets clearance on it. Commissioner Carey inquired about the four other houses and if they were Mr. Bradwell’s properties or other peoples’ properties. Mr. Watson answered Mr. Bradwell has two other houses that are in the same condition. Commissioner Carey asked what the average cost of demolition is, and Mr. Watson explained anywhere from $2,000 to $5,000 according to what is in the property. He added he didn’t see any asbestos in this property so it should be close to $2,000 due to the size of the house. Commissioner Carey confirmed with Mr. Watson that after the County demolishes the house, removes the debris, and Bush Hogs the lot, all Mr. Bradwell has to do is maintain it. Chairman Horan noted that according to the property appraiser, the land value is around $10,000.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Commissioner Carey stated it is unfortunate that many seniors and veterans find themselves in situations that they did not anticipate would happen to them. However, Bookertown is a community that has fought pretty hard to clean up. The Board recently went through several rounds of votes to determine if Bookertown wanted to better the community by paying for street lights, which passed. She added that the community has had to deal with a number of abandoned homes, some in worse shape than Mr. Bradwell’s. Commissioner Carey believes this gives Mr. Bradwell the opportunity to do the corrective action himself prior to the County taking any action. She would ask that staff work with Mr. Bradwell in discussion to see if he can clean the property up on his own; and if he can’t, she thinks it is fair for the community to have some relief.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt appropriate Resolution #2016-R-46 issuing an Order to declare the existence of a Public Nuisance at 1010 Dunbar Avenue, Sanford; to require corrective action by May 7, 2016; and to authorize necessary corrective action by the County in the event the nuisance is not abated by the record owners, as described in the proof of publication.
Commissioner Constantine offered a friendly amendment. He stated since he has learned there are two other properties owned by the same individual, he would like to give Mr. Bradwell until June 7th instead of May 7th. Commissioner Carey agreed to that amendment being included in the motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey stated that her comment regarding staff working closely with Mr. Bradwell holds true not only for 1010 Dunbar Avenue but for the other two properties as well.
TRANSMISSION OF PROPOSED AMENDMENTS TO THE
TEXT OF THE SEMINOLE COUNTY COMPREHENSIVE PLAN
Agenda Item #23 – 2016-289
Proof of Publication calling for a public hearing to consider the request to approve the transmittal of the proposed Amendments to the Text of the Seminole County Comprehensive Plan to State and regional review agencies, received and filed.
Sheryl Stolzenberg, Planning and Development Division, addressed the Board to request amendments to the Comprehensive Plan including the text of the Introduction, Future Land Use, Housing, Implementations, Intergovernmental Coordination, and Recreation and Open Space Elements. She stated that the majority of the amendments are attempts to make the plan clearer and easier for readers to use, eliminating a lot of out-of-date references to state agencies and rules and regulations that no longer exist at the State level.
She advised that staff proposes the addition of two new definitions to be added to the Introduction Element; one for the word “adjacent,” which appears in many polices of the Comprehensive Plan but has never been defined in the plan; and “Land Use Overlay.” Ms. Stolzenberg noted that staff thought they had achieved great clarity with the definitions; but as they continued to work, they found that they needed to propose some additional changes to the definition of “adjacent”, and she distributed that for the Board’s consideration yesterday. She stated she would like to read the definition into the record since it is not on the County website. She read the “adjacent” definition as defined in the Agenda Memorandum and stated she hopes that will make it clear because the term appears throughout the Comprehensive Plan in many places and people need to understand what it means.
Ms. Stolzenberg stated there are a few other major changes that are recommended. She explained that in the Future Land Use Element text, staff recommends changing the maximum allowable intensity for non-residential, job-generating uses in the High Intensity Planned Development – Target Industry (HIP-TI) Land Use from a floor—to-area ratio of 1.0 to 1.5 because they believe it will make the County more attractive to job-generating uses.
Ms. Stolzenberg stated staff is also recommending changing the name of the Energy Conservation Overlay to Urban Centers and Corridors Overlay because that more nearly approximates what they are trying to accomplish in following the “How Shall We Grow?” regional vision. She explained that in the Implementation Element, staff is recommending language that clarifies how the interpretation of Future Land Use Designation Boundaries will be made when circumstances create some question over where the boundary would actually be; and recommending an explanation of how overlays are implemented because they have found members of the public think that an overlay district only tightens up what can be done and sometimes overlays are used to incentivize types of development patterns.
Ms. Stolzenberg discussed the Intergovernmental Coordination Element. She noted there is an exhibit that was put in years ago that was never required by State law and is woefully out of date; and staff didn’t see anything to be gained from updating it, so they are recommending that it be removed. She stated that in the exhibit for what was called the Energy Conservation Overlay Exhibit, staff is recommending changing that to the Urban Centers and Corridors Exhibit. And they are also recommending an exhibit change for the Recreation and Open Space Element to identify the location of the Seminole County Sports Complex, which was not included on that exhibit previously.
Ms. Stolzenberg noted that those are the major changes along with the many changes that staff hopes will make the plan a lot more readable, and they are continuing to identify additional changes.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Commissioner Dallari stated he is surprised they didn’t define “green infrastructure” because he feels it leaves it open to a lot of interpretation and that many people have a different definition of what it is, so it needs to be defined better. Ms. Stolzenberg responded staff can add that to the next batch of amendments that will be coming through.
Commissioner Constantine questioned other than the floor-to-area ratio being changed from 1.0 to 1.5 in the high-density job corridors, were there any other increases in densities in the particular definition changes; Ms. Stolzenberg answered not at this time. He also asked if staff should put something in for Transit Oriented Development (TOD) because his concern was whether they would have to clarify it each and every time. Nicole Guillet, County Manager, stated that they can and as they prepare the next round of amendments, staff will be happy to sit down with Commissioner Constantine to see if they can make it clearer. Commissioner Constantine added it will make it easier when developers want to do that near the SunRail projects.
Commissioner Dallari stated in regard to the 17-92 corridor Joint Planning Agreements, he would like more definition on the landscaping designs and techniques. Ms. Guillet explained that regarding the clarification on the green infrastructure and other issues with respect to landscape, staff can deal with those through Land Development Code amendments. Staff can go in and put some more specific standards, and there is usually general information in the Comprehensive Plan. Commissioner Dallari noted he just doesn’t want to mislead anyone who is trying to develop a piece of property who may think that landscaping just needs to have less water usage and it doesn’t really specify how much. Ms. Guillet stated staff will typically refine those discussions within the Land Development Code, and staff can work on those with Commissioner Dallari as they go forward.
Commissioner Carey mentioned as staff has looked at the Land Development Code for landscaping, they have talked about how they would like to see more native, Florida-friendly plants that take less water; and hopefully the major revision to the Land Development Code will come as part of those changes.
Commissioner Carey stated in regard to places of high intensity development like 17-92, around the airport and International Parkway for example, where it would make sense for mixed use, they need to look at the entire stretch and question whether they have enough residential to support the offices or industry that are developed and businesses brought there without people having to travel from Volusia or Orlando. She added she knows they are talking about doing studies and she wants to make sure they do not lose sight of the fact that not every site is intended to be mixed use because some aren't big enough to mix those uses effectively. Ms. Guillet agreed and stated staff is working within the Development Services Department to put together a proposal, which will be brought before the Board, to do a series of studies in different areas of the county and look at those areas as a whole. She explained that the difficulty staff is having is they don't know how much carrying capacity there is for office or what the appropriate mix for office and residential is. She added there are areas in the county that staff thinks would be good to look at and say it can carry X number of residential and X number of square feet of office or commercial, and look at the area as a whole instead of trying to do it on a parcel-by-parcel basis.
Commissioner Carey discussed International Parkway. She mentioned that there are agencies such as the Urban Land Institute and other people that have studied mixed use in areas like International Parkway around the country who have already done the heavy lifting that staff should reach out to, to learn what they already know. She noted there are consultants that will come in and say, here is what you are missing; and to support this, here is what you need to not be sprawling all over the place to get to services and goods. Commissioner Carey stated she believes staff needs to pay more attention to International Parkway, around the airport, and U.S. 17-92. Ms. Guillet explained staff is heading in that direction and she hopes they will be able to bring the Board a proposal soon with respect to the studies.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve transmittal of the proposed Amendments to the Text of the Seminole County Comprehensive Plan to State and regional review agencies, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Meloney Lung, Assistant County Manager, addressed the Board to update them on a couple of bills that the Governor has already signed. She discussed SB 130, which prohibits the recreational discharge of a firearm in residential areas. Ms. Guillet stated this is not something staff would enforce on a local level, but she knows the Board gets calls on the issue and wanted them to know that there is some new legislation on it. Ms. Lung explained SB 552, Environmental Resources, which was signed into law in January; and noted the bill creates the Florida Springs and Aquifer Protection Act. In addition, it requires that the County adopt a fertilizer ordinance by July 2017, and she advised staff is currently in the process of developing it. Commissioner Carey stated in regard to the fertilizer ordinance issue, the Department of Agriculture reports on a regular basis to the Wekiva Basin Commission; and they have some good rules they have adopted. So instead of recreating the wheel, Commissioner Carey suggested staff reach out to Jody Lee, Environmental Manager with the Florida Department of Agriculture and Consumer Services, to see if they can get some examples of what others have passed.
Ms. Lung stated some bills that are still awaiting signature include HB 89, which relates to some changes in the Agritourism Bill as well as a better definition to describe what agritourism is. Ms. Lung stated HB 479 relates to special districts. She noted that the County has four special districts: Fred R. Wilson Memorial Law Library, Seminole County Industrial Development Authority (SCIDA), Seminole County Port Authority (SCOPA), and the U.S. 17-92 Corridor Redevelopment Agency. She explained that the bill will require that special districts post their budgets and tentative budgets on a website. Upon Chairman Horan’s inquiry, Ms. Lung confirmed it requires the budget, subsequent amendments, and potentially financial documents as well. Discussion ensued in regard to whether these districts post their budgets. Ms. Lung advised she will coordinate with SCOPA to ensure they are complying. Ms. Lung discussed HB 7023, which relates to ad valorem tax exemption for deployed service members. Commissioner Carey stated the County has passed additional exemptions for veterans.
With regard to Juvenile Detention costs, Ms. Lung stated SB 1322 was passed this morning because all the counties in the system agreed to withdraw their litigation. Ms. Lung explained the County overpaid approximately $4M from 2009 to 2012. The County had requested a line item in the budget; and Ms. Lung’s understanding is that Tallahassee didn’t want to put that in the budget this year, they wanted to take care of the other counties to get the litigation cleared up. She noted she understands it could be put in next year’s budget as it was last year. Chairman Horan stated it is still a dynamic situation to which Ms. Lung agreed and stated they will continue working on trying to get the $4M.
Ms. Lung mentioned SB 1534 regarding homelessness proposed by Senator Simmons. She explained the bill allows the County to use SHIP funds with more flexibility.
Ms. Lung discussed that the County was awarded $2M for the U.S. 17-92 flyover project. The lobbyist has received a form that the County needs to complete which provides more detailed information for the Governor’s review. Commissioner Dallari stated that that had more to do with the lawsuit that was filed by the property owner. Ms. Guillet explained for the benefit of the public, the $2M is intended to do some additional improvements that will work in concert with the flyover and to improve mobility and some other related issues in that corridor. They are projects that the County put together, and they are working to vet them now so that the County can ensure they get the funding. She stated these are funds that are going to the County and not to the litigants in the law suit, and it is for projects that will enhance and address some of the mobility issues that were created by the flyover. Chairman Horan noted they are able to be handled as part of the FDOT work plan; therefore, they are essentially budget neutral. Chairman Horan stated it was brilliantly handled by the lawyer who handled the litigation for the private litigant and the County is going to benefit because of it, and he believes it was a very good development and skillful way of getting it resolved. Ms. Guillet admitted that this got a little sideways from some reporting that didn't reflect the real situation, and so this item might need some clarification. Chairman Horan stated there's really no budget item to veto because it's already part of the work plan.
To conclude her presentation, Ms. Lung mentioned $500,000 that has been included in the budget to mediate the human-bear conflicts prevention. Florida Fish and Wildlife Conservation Commission (FWC) consistently has expressed their position that counties with bear ordinances in place will receive the bulk of the funds, and she states staff will continue to work with their lobbyists at FWC regarding that money. Commissioner Carey confirmed that Seminole County continues to be the only county in the state that has a bear ordinance. Ms. Guillet clarified that Wakulla County adopted an ordinance this week. Commissioner Carey stated if you look at Seminole County versus Wakulla County, there is probably more people-conflict potential than in all of Wakulla County. Commissioner Constantine explained that there are a number of criteria, all of which the County will be in the number one position; so the County should get a good deal of that money. Commissioner Carey stated the County needs to apply for it immediately as soon as it becomes law.
Commissioner Henley asked if staff has been following the gambling bills that keep popping up. Commissioner Constantine advised the bill is dead to which Commissioner Henley said that doesn’t mean it won’t come back. He stated that the County has habitually defeated by referendum any expansion, and they need to make sure that they continue to follow them. Commissioner Carey explained that pari-mutuel licenses can be moved around in the County, but the law doesn't allow them to sell one to take it somewhere else. She discussed how Mr. Birdoff, who owns Jai-Alai, tried to get a bill passed that would allow him to sell it outside the County because he would like to move the Jai-Alai because he wants to develop there and it is an asset that has some value to somebody else. She opined they don't want to see those get moved around within the County, she would prefer they get moved out of the County to somewhere where somebody already has gambling, such as Miami-Dade. She expressed the County should encourage the Legislator to look at that. She added she isn't sure how many counties in the State actually have pari-mutuel licenses anymore, but Seminole County has three that they should look at trying to get moved out. Commissioner Henley agreed and stated when the Board talked to Mr. Birdoff about the bill, they indicated they would support legislation to allow him to move it.
Commissioner Dallari expressed both Commissioners make valid points about trying to transfer those types of licenses outside the County. He stated South Florida didn't want the licenses because it created too much competition, but he would encourage moving them outside the County. Chairman Horan explained if someone wants to peddle a license and there is a market for it, it is not a competition situation. It is just like a liquor license and it would still be regulated, so Chairman Horan doesn't understand why it can't be done especially in the light of the fact there are so few counties that have these licenses. Commissioner Carey stated if they worked something out so that they could turn the licenses back into the State and have some benefit from the State by turning it back in, then it becomes a State lottery for the State to deal with; at least that way it eliminates it from Seminole County. Chairman Horan stated any new gambling legislation appears to be dead, and it may be the subject of a special session depending upon what else happens.
Ms. Lung reminded that Alex Setzer will be present at the next meeting to give more details if there are any specific bills that the Board would like more information on. Commissioner Carey expressed she would like a written executive summary of everything that happened as well as the backup for it. Ms. Guillet said staff has started that summary and will get it to the Board before the next meeting.
Chairman Horan stated with regard to the dynamic situation that exists right now with the Department of Juvenile Justice (DJJ), it looks like the allocation bill will pass; whether there is going to be a resolution of the three counties and the amounts they are owed this year is still in play. Getting the allocation issue resolved does bode well for taking care of the other counties at some particular point depending upon who you talk to, but Chairman Horan said he will have a more concrete idea about what is going on probably within the next day or so. Commissioner Carey mentioned the Governor has said that if the County could get the DJJ money into the budget, he would not veto it; he would wholeheartedly support it, so that has been the game plan for a while. Chairman Horan noted that message has been placed in the ears of the appropriate legislators who are pushing bills or have control over the budget items.
Chairman Horan mentioned that a number of different appropriations have come to organizations including Kids House and SWOP Inspire. He stated he would like to ensure that everyone knows what the issues are so they can protect their interests. Commissioner Carey suggested the County Manager confer a list and make sure they include college funding and all of the other entities. Chairman Horan asked that the list be compiled because there was a veto letter that was dated the Friday before the Tuesday when the letter was actually made public, so certain decisions concerning vetoes are probably being made right now; so the quicker the Board gets to the people they need to get to, the better off they will be.
DISTRICT COMMISSIONERS REPORTS
Chairman Horan reported that he had a conference with Mayor Lacey, City of Winter Springs, and their County Manager with regards to their impact fees and they are currently undergoing an impact fee study. They are retaining consultants to do a new impact fee study in that particular corridor. He added they are trying to develop their commercial piece of that city in a specific corridor, and they have identified their impact fees and the way they process them as one of their issues.
Commissioner Henley stated he received a call from the Lynx governmental liaison and he requested that Commissioner Henley bring to the Board a request to have the Chairman send a letter (copies received and filed) to Governor Scott in support of the I-4 Ultimate Transit Service Mitigation funding that is in both of the budgets, and encourage the Governor to support it. They sent along a copy of one that had been approved to send by MetroPlan. Chairman Horan declared with no objections he will go ahead and post that letter to the Governor.
Commissioner Carey reported that the St. Johns Riverkeeper has their 2016 river tour coming up. It will be a 310-mile trek down the St. Johns River. It starts March the 22nd at Blue Crystal Lake in Fellsmere and ends April the 3rd at the Atlantic Ocean. They will be coming through Lake Harney to Enterprise and then Enterprise to Deland on the 25th and 26th of March. It's a great educational process for students to monitor the people coming down through the river on the tour, and information is available on the Riverkeeper's website. She encouraged everybody to take a look at it.
Commissioner Carey stated that at the Board Authority meeting, they recently talked about a couple of things including a draft that has gone out on the land swap. There are some edits to be made to it, and she is working with Lynn Porter-Carlton, Deputy County Attorney, to make sure that they get those done and back over to the Airport. Commissioner Carey was happy to announce there are four new destinations being added by Allegiant Airlines. The new locations include Akron, Ohio; El Paso, Texas; Evansville, Indiana; and Wichita, Kansas. She stated that international travel is up 61% in February which is up 40% year-to-date; and domestic travel is up 18% in February over last February, an overall 14% year-to-date increase. Commissioner Carey distributed copies of the Airport's annual report (copy received and filed) and noted they should let her know if they want more copies for their offices, and she will pick up more the next time she is at the Airport.
Commissioner Carey reminded that this Sunday, March 13th, is the time to set your clocks forward one hour and urged not to forget to change the batteries in smoke detectors. Sunday also begins the County's twice-a-week water regulations. There are rules and regulations regarding that, and they are posted on the County website.
Commissioner Carey stated the last item she has is Thursday, March 17th, is St. Patrick’s Day and she wishes everyone a happy St. Patty’s Day.
Commissioner Dallari reported that Wekiva Island recently had the Wekiva Island Paint Out. He felt it was truly phenomenal the amount of artists that showed up from throughout the state and even some other parts of the country. They raised $21,000 for the Wekiva Wilderness Trust as well as Keep Seminole Beautiful. He thanked the County staff for being present at the event.
Commissioner Dallari stated he received a letter of resignation from David Axel, Seminole County Industrial Development Authority (SCIDA); and he would like to send him a letter of appreciation for his service on that board.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve appropriate Resolution #2016-R-47 in appreciation of David Axel for his service on the Seminole COutny Industrial Development Authority.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon Commissioner Carey’s inquiry, Commissioner Dallari stated by the next meeting he will have a replacement for Mr. Axel.
Lastly, Commissioner Dallari spoke in regard to the upcoming MetroPlan meeting, and advised they will be talking about applying for another TIGER grant for Phase 2, North of Volusia County; and they hope to convince surrounding counties that that would be the only TIGER grant that they will be applying for in Central Florida.
Commissioner Constantine reported Commissioner Gary Brender from Lake Mary was appointed to the TDC by the Council of Local Governments (CALNO). This coming week, in addition to the MPO that Commissioner Dallari indicated, Commissioner Constantine stated he will be attending the Wekiva Wild and Scenic River Federal Committee that is going to be meeting on the 9th. The Zoo will have their annual meeting on the 10th, and the Board will be doing a work session with them sometime in April. Commissioner Constantine announced that Leadership Seminole will have their annual Bowling Green event at Altamonte Lanes this Sunday, March 13th, as a fundraiser. Commissioner Carey, as Commissioner to the Wekiva River Basin Commission, will be meeting with Chairman Horan and Commissioner Constantine on March 16th at the Regional Planning Council offices.
Commissioner Constantine was pleased to inform that the boardwalk will be reopening this week for walking around at Cranes Roost Park in Altamonte Springs. He also wanted to congratulate Altamonte Springs for being the first city in the United States to have a working relationship with Uber to work with them on getting people to SunRail.
Chairman Horan stated with the resignation of Brett Blackadar, County Engineer, the Board needs to make new appointments to the MetroPlan technical boards.
Motion by Chairman Horan, seconded by Commissioner Dallari to appoint Jean Jreij as primary member and Charles Wetzel as an alternate member to the MetroPlan TAC Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Chairman Horan, seconded by Commissioner Carey, to appoint Jean Jreij as primary member and Shad Smith as an alternate member to the MetroPlan TSMO Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion Chairman Horan, seconded by Commissioner Carey, to appoint Jean Jreij as primary member and Bill Wharton as an alternate member to the SunRail Technical Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Chairman Horan, seconded by Commissioner Carey, to appoint Jean Jreij as primary member and Neil Newton as an alternate member to the Central Florida Expressway Authority Right-of-Way Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to confirm the appointment of Commissioner Gary Brender of Lake Mary to the TDC by CALNO.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan announced he received a response letter dated March 4, 2016, in regard to the letter he posted back in January 26th to Governor Scott concerning the SR 417 project and the proposal to put express lanes in there. He discussed the response with the Executive Director of the Expressway Authority who is proposing that they coordinate any further communication on this. Chairman Horan stated he was disappointed in the response because it didn't seem to be responsive to the content and seriousness of the communication. Commissioner Carey expressed she thinks it restates Secretary Boxold’s position, which is to do a swap. She stated the County still tries to get the State Bond Finance to agree on a formula on how they would value the assets so they can evaluate a purchase or a swap; but they have to come up with that valuation first.
Commissioner Dallari stated, for the benefit of the public, that the State is proposing putting in an express lane on SR 417 from the Orange/Seminole County line up to Lake Jesup. The only way to describe it is a toll within a toll, an express lane that you would pay an additional toll to use. Commissioner Dallari noted the Board is opposed to it. He explained the express lane would express commuters down to the part of the expressway that has all the congestion and no express lanes. Commissioner Carey noted the good news in trying to resolve the issue is that the Central Florida Expressway Authority has moved up the University Boulevard improvement, which is where it all backs up. She stated the Board doesn't think that it is a good move, nor does the Board think that it is in the best interest of the traveling public; and they think it makes sense to try to gain control of that.
Chairman Horan pointed out that for it to be a swap, there has to be a value and the values have to be equal; and to the extent that you can't make the values equal, you can't have a fair swap. Commissioner Dallari clarified that this is not State statute, this is policy by a staff person. Commissioner Carey advised, she understands that; however, it is the director of FDOT. She expressed that the Governor has not been lobbied one way or the other. He hasn't been lobbied to swap it, he hasn't been lobbied to approve a sale of it; and so until he sees a financial plan of what it looks like, he is not going to consider it one way or the other.
Commissioner Carey informed that Laura Kelley, Executive Director of the Central Florida Expressway Authority, has directed bond counsel to take more aggressive actions to send a proposal to the bond counsel at the State level. Chairman Horan opined that it is a win-win situation for FDOT, the Turnpike Authority, and CFX because the funds generated by the sale of SR 417 would be able to be used by FDOT in other parts of the state. He added he isn't sure why there is so much dismissiveness to ideas that are being promulgated by the Central Florida Expressway Authority and supported by this Commission. Commissioner Carey advised it will be discussed in detail at the MetroPlan Board meeting tomorrow. She stated she understands that Ms. Kelley will be there to explain the position of the Expressway Authority Board.
Chairman Horan stated that at the last meeting, Commissioner Dallari asked that the Board approve a letter (copy received and filed) that Chairman Horan sent to the mayors of Winter Springs and Oviedo, and he just wants to make sure that the language he is using is appropriate; and if there are no revisions, he will get it out this week. Commissioner Carey questioned the first two sentences in the second paragraph, and Commissioner Dallari stated the issue is with the rural area boundary; there are questions when people are developing right up to it of where that line is in a survey. Chairman Horan explained the surveys that exist for the individual properties along the rural boundary line may not necessarily be consistent with the rural boundary line as it is drawn and known in the Charter. Upon Commissioner Carey's suggestion, Chairman Horan agreed to add a provision to the letter regarding stakes in the field marking the rural boundary line.
Chairman Horan congratulated the DUDA Company who is celebrating their 90th anniversary of existence this year.
He stated he would like to reiterate what was brought up by Commissioner Constantine by congratulating Altamonte Springs on its leadership in its initiative to increase mobility and connectivity by initiating a pilot program with Uber within its city. For the last two months, the County has been addressing connectivity and mobility issues through work sessions, some of those were attended by the City. Those issues have been discussed at Mayors and Managers meetings since January, and it is something the County can take interest in.
Chairman Horan disclosed that Rick Weddle, President & CEO of the Orlando Economic Development Commission, has resigned. Therefore, national searches are going on for an executive director for the Sports Commission as well as the Economic Development Commission. He applauded Mr. Weddle for his leadership and success in the organization.
COUNTY MANAGER’S REPORT
Ms. Guillet stated she has a follow-up item from the last meeting regarding urban chickens. She explained that Ms. Lung and Rebecca Hammock, Planning and Development Manager, are working on putting together a proposed pilot program for the Board's consideration. Ms. Hammock has worked on the issue previously in Volusia County so she has a good background on it, and staff is also looking at other pilot programs since the County is not the first that has looked at doing this. Ms. Guillet explained staff wants to take the best of all the programs and deal with some of the issues the County has, particularly issues they are coordinating with the FWC on, like predators in the area. They want to put together a comprehensive plan that will address the public who want backyard chickens, but also mitigate any sort of impacts they may have on neighbors or other negative impacts that could occur as a result of such a program. She hopes to bring that plan before the Board members within the next month or so; in the meantime, staff will be meeting with the Board individually to continue to refine how the pilot program may take form.
Commissioner Carey asked staff to check with the FWC to see what they are doing to try to deal with the fast-growing coyote population all over the state. Ms. Guillet expressed they have been talking about that, and the issue is similar to the issue with bears; there are attractants. She explained that the concern with respect to the backyard chicken program is coyotes are a greater concern than bears. The FWC is looking for other mechanisms to reduce attractants just as they looked at with bears, so that is the next thing on their agenda; but it is an issue that goes beyond that matter. Commissioner Carey warned about small or old animals in the yard available to coyote packs. Ms. Guillet’s understanding is that the coyotes are a bigger threat to pets than the bears are.
COUNTY ATTORNEY’S REPORT
Mr. Applegate, County Attorney, introduced Paul Chipok and Desmond Morrell. Mr. Chipok will be working with Tina Williamson, Director of Development Services; and Mr. Morrell will be working with Community Services.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Letter dated February 15, 2016, from Kenneth Peach, Executive Director, Health Council of East Central Florida, to Chairman Horan RE: County Commission to appoint a member to their board.
2. Notice received February 24, 2016, from the City of Lake Mary, Notice of Public Hearing of the Planning and Zoning Board to be held on Tuesday, March 8, 2016, at 6:00 p.m. RE: Rezoning Griffin Farm at Midtown.
3. Letter dated February 23, 2016, from Taylor Teepell, Director, Division of Community Development, Florida Department of Economic Opportunity, RE: Completed review of the Comprehensive Plan Amendment.
4. Letter received February 25, 2016, from the City of Longwood RE: Special Exception to the City of Longwood Heritage Village Code and the Longwood Development Code to allow signage for Weston Park Apartments; Public Hearing on March 7, 2016, 7:00 p.m., City Commission Chambers.
5. Letter dated February 29, 2016, from Roderick Henderson, The Foundation for Seminole County Public Schools, to the Board of County Commissioners RE: Thanking the Commission for the donation of $1,875 for Midway Safe Harbor.
ITEMS FOR FUTURE AGENDA
Kathy Register, 1750 Gladiolas Drive, addressed the Board to discuss backyard chickens. She stated she has lived in the Garden Lakes Estates community for over 30 years. It was only recently brought to her attention that backyard chickens were not allowed in Seminole County. She explained she lives in an unincorporated part of Winter Park that has a volunteer HOA; and when she first moved into the community, it was unique in that it had the convenience of the city amenities but it had the feeling of the country. She stated she is here today as a resident of Garden Lakes Estates in support, and hopefully a future owner, of backyard chickens.
Alexander Duncan, P.O. Box 620092, addressed the Board to commend them on their future work of developing an ordinance in support of backyard chickens. He added that he does not think that as citizens they should have to come in and ask to have chickens in the backyard. He mentioned he comes from Geneva, so he is used to being able to have what he wants on his property; but he doesn’t think chickens should be that big of a deal.
Lisa Fields, 1940 Aster Drive, addressed the Board to speak in support of backyard chickens. She stated she is a representative of the Seminole County Backyard Chicken Initiative who has been working for over nine months to try and bring the initiative to the Board’s attention, so she is very thankful that it is being addressed by the County Manager. Ms. Fields expressed she would ask the Board to act on the initiative with some importance. She presented an online petition (copy received and filed) which is 32 pages and over 1,500 signatures of residents who would like to see the County allow them to have backyard chickens. She explained there are people in the hundreds who already own backyard chickens who have not had any issues because it requires responsible ownership. She noted there are already programs in place that have been successful throughout the country, and her group has been actively researching those programs. Ms. Fields stated with the allowance of backyard chickens, she could provide her family with organic, sustainable eggs, and mentioned the benefits beyond that of pest control, loving relationships, et cetera. She commented that she does understand there are concerns about predators; but responsible chicken keeping and appropriate care makes it a non-issue. It requires responsible owners, so the only issue, to Ms. Fields, seems to be how to deal with those who are not responsible owners and not punish the ones who are responsible owners. She thanked the Board for their consideration on the issue.
Commissioner Carey clarified for the public that backyard chickens are allowed in agricultural zoned properties.
Speaker Request Forms were received and filed.
Amanda Gordon, 828 Lighthouse Cove; Valerie Anstey, 626 N. Pine Avenue; Maureen Meagher, 39309 Wild Flower Way; Joanne Bolemon, 1183 Pasro Del Mar; and Ann French, 1200 Integra Landings Drive donated their public speaking time to Ms. Shadix.
Katrina Shadix, 995 Oklahoma Street, addressed the Board to thank them for passing the Urban Bear Ordinance #2015-33 as well as the most strongly worded fracking ban, Ordinance #2016-7, in the state. She stated she is here today to respectfully request that the Board bring forth a County resolution to oppose the bear hunt and make the County’s legacy complete with a trifecta of hearing, respecting, and taking action on and for the will of the majority of Seminole County residents. Ms. Shadix voiced that you may argue that there are too many bears and the population needs to decrease to reduce human-bear conflicts; to that, Ms. Shadix reminds that nearly 20% of the bear population was killed in 2015. The State would need to do a 5-to-10 year moratorium on the bear hunt to allow the bear population to increase at a 2% yearly rate to get back to the numbers the FWC felt justified to allow the killing of the bears. She advised it is imperative to note that the bear nuisance calls to the FWC increased after the bear hunt.
Ms. Shadix reminded there has never been a fatal bear attack in Florida. Additionally, Ms. Shadix claimed that the bear hunt did not kill the bears that live in neighborhoods with humans; instead it killed bears that had never encountered humans, bears that were baited with donuts two weeks before the hunt, and bears that lived peacefully in the forest. Ms. Shadix stated the Board may argue that now is not the time to bring forth such a resolution because the FWC may not have the hunt, but she will argue that the FWC is meeting next month in Jupiter to discuss the kill quota for this year’s hunt. She discussed how the bear hunt is bad for the economy because it will affect tourism due to the County’s reputation being tainted. She expressed that democracy is diminished by not declaring an official opposition to the hunt, being that less than one percent of Seminole County residents are hunters and less than one-tenth of a percent of hunters are bear killers. Democracy is based on the will of the majority, and the majority of residents are against another bear hunt. Ms. Shadix informed the Board of entities that have passed bear-hunt resolutions. She stated that the number of Florida residents represented by entities that passed bear-hunt bans total 2,935,113.
Ms. Shadix stated that the Board has listened to the majority the past year by passing a bear-friendly trash ordinance and a fracking ban, and now the majority asks that the Board continues to respect the process of democracy by bringing forth and passing a resolution opposing the bear hunt.
Dan Kon, 245 Albrighton Court donated his public speaking time to Trevor Sorbo.
Trevor Sorbo, 11803 Sheltering Pine Drive, addressed the Board to ask them to pass an anti-bear hunt resolution and send it to the FWC. He believes that it is the necessary action because 75% of Floridians oppose the bear hunt and over 40,000 sent communication to the FWC last year regarding the hunt. He claims the FWC not only ignored all the communication, but blatantly told the public they are not accountable to citizens; and he feels they have their own agenda. Mr. Sorbo provided some statistics to the Commissioners regarding the past year's bear hunt. He expressed that through working at Walt Disney World, he knows that tourists trust the brand of Central Florida to be a family-friendly place. However, when tourists see on the news that we are killing lactating mother bears, it is not good for the Central Florida brand because tourism is what drives our economy; and he invited the Board to help him protect that brand.
Mr. Sorbo explained in 2012, the Florida black bear was delisted from a threatened species by the FWC even though they did not know how many bears Florida had, and they still do not know because the FWC will not wait for an accurate count. He then quoted Theodore Roosevelt who said, "Wild beasts and birds are by right; not the property merely of the people who are alive today, but the property of unknown generations whose belongings we have no right to squander." Mr. Sorbo expressed that the bears that were killed in the hunt were not the nuisance bears, they were the bears that were out in the woods; and bear interaction actually went up. He applauded the Board for putting in a bear-proof trash can ordinance because it is going to help residents have less bear interactions, unlike the hunt. He detailed that there were twice as many black bears of a specific group killed than the FWC said that population could sustain; and another small group had 120 bears killed when the FWC estimated that only 40 bears could be killed. He mentioned he understands legally it is not the Board's jurisdiction, but the public's voices are being ignored and the Board can make a difference by helping them and going to the FWC.
Lisa Krist, 500 Timber Ridge, donated her public speaking time to Megan Sorbo.
Megan Sorbo, 11803 Sheltering Pine Drive, addressed the Board to state she is here to speak on behalf of the Florida black bears. She explained that the fate of the bears is a statewide issue, and she comes before the Board as a concerned Floridian. Ms. Sorbo detailed that in October 2015, the FWC authorized the first bear hunt in Florida in over 20 years. Just over 300 bears were killed in 2 days; however, this does not mean that this hunt was a success in any way. She noted that Florida black bears are not aggressive animals; they are powerful and will defend themselves or their cubs if threatened, but that is hardly reason to kill them. She explained between 1974 and 2012, Florida black bears were listed as a Florida state threatened species. Their population was down to just 300 bears in the 1970's. Their population is now estimated to be between 3,000 and 3,500 bears. She reminded that the actual population number is only a guess by the FWC.
Ms. Sorbo commented that using a claim of scientific calculations, the FWC decided on a kill quota of 320 bears total for the state. She felt the most sickening part of the 2015 hunt was that there were 3,778 hunting licenses sold, more than the entire estimated bear population. She questioned how anyone could consider that fair to the bears, especially in the mind of hunters who call themselves sportsmen. She explained that currently bears occupy only 18% of their historic range in 7 isolated population areas throughout the state. She asked the Board to imagine having the size of their home reduced by over 80% and then having people come into their now smaller home to hunt them while they were doing nothing wrong. She expressed that that is what is happening to the bears. She implored the Board to adopt a resolution to ban bear hunting in Seminole County because the bears have already lost over 80% of their habitat and have done nothing to merit being killed.
Upon Commissioner Dallari's inquiry, Ms. Sorbo mentioned she was homeschooled and in the 4th grade. Commissioner Dallari commended Ms. Sorbo for writing such a well-written letter and sharing it with the Board. He stated she is very articulate and he supports what she said 100%.
Nancy Ken, 215 Albrighton Court, donated her public speaking time to Anthony Rogers-Wright.
Anthony Rogers-Wright, 2329 Park Village Place, addressed the Board and stated he is the policy director for Environmental Action, which is a national non-profit with nearly one million members. He is here on behalf of the members to urge the Board to adopt a resolution that would ban the hunting of black bears in Seminole County. He explained he has been fighting this issue with a coalition of animal lovers and advocates of environmental stewardship for almost two years. Mr. Rogers-Wright expressed he has learned that the hunt that was recklessly approved and carried out by the FWC was just as much an issue of justice and democracy as it was an issue of environmental stewardship and protection. FWC’s actions can only be described as insurgent and antithetical to the will of the people of Florida. He reminded that poll after poll showed that the majority of Floridians were opposed to the hunt; still, the FWC proceeded using specious and meretricious reasons that were perpetually altered over time when each reason was proven to be meritless. He mentioned that the FWC's first argument was associated with public safety. Mr. Rogers-Wright claims Thomas Eason, Director of the Division of Habitat & Species Conservation, conceded that non-lethal management practices work better; but FWC already made the decision to carry out what he calls the black bear blood bath even after Environmental Action provided the FWC a check for $5,000 to purchase bear proof containers. He added that his organization would be happy to do that for Seminole County as well because they are active and very passionate about the issue in arriving at a solution that doesn't include unnecessary blood and death.
Mr. Rogers-Wright noted that even the judge who ruled against the injunction of the hunt during a lawsuit lead by Chuck O'Neal, Speak Up Wekiva, castigated FWC for incomplete science and recommended that they complete their census before commencing the hunt. He stated the FWC's disregard may have serious irreparable consequences. He explained that in Seminole County, a quota of 100 bears was set for the hunt by FWC; and that number was exceeded by nearly 40%. Nick Wiley, FWC Director, had to suspend the hunt after only 2 days even though the hunt season was slated to last a week. FWC announced their plans to have a second hunt this year only two days after the cessation of last year's hunt.
Mr. Rogers-Wright concluded by stating if counties do not stand up to the FWC, he promises the County will see and realize a case of necessary federal intervention from the United States Fish and Wildlife Service; the same intervention that was necessary for black people to overcome oppression may soon be necessary for black bears to be emancipated from the brink of extinction. For those reasons, Mr. Rogers-Wright urged the Board to draft and approve a resolution that would ban all black bear hunting in Seminole County, at least until FWC demonstrates to the County and the people of Florida that they are using sound science to know the actual population of black bears throughout the state. He added the Board has the power to preserve Florida's beautiful, natural resources for generations to come, and he beseeches the Board to exercise that power.
Mary Stack, 2478 Castlewood Road, addressed the Board to state a couple facts. She noted at the beginning of 2015, the FWC estimated 1,100 bears; and the reported death count for the end of 2015 was over 680 bears, losing half of the bear population. It has been reported that over 100 bears have already been euthanized in 2016, so now we are down to about 320 bears. Ms. Stack asked why the bears are not back on the endangered list at this time instead of thinking about another bear hunt because it seems to her the species is in grave danger.
Jill Rosolek, 32435 Averitt Lane, addressed the Board to respectfully request that the Commission move to adopt a resolution that urges the FWC to reinstate the prohibition on bear hunting throughout the state of Florida, and place their focus on proactively removing conflicts between bears and suburban residents. She noted available statistics indicate that last year the lethal combination of euthanasia of nuisance bears, road kill, and the measurable toll of the bear hunt brought about a documented loss of over 20% of the fragile bear population. These numbers do not include the trickledown effect of the hunt; and overall, this represents a devastating blow of an animal so recently removed from the threatened species list. Ms. Rosolek stated that scientific studies have repeatedly shown that hunting is not effective in reducing human-bear conflicts or in controlling population; and they have existing, extensive documentation that shows the positive impact of non-lethal methods including trash cans, electric fencing, aversion techniques, and community education. She urged the Commission to stand with Florida's majority and place a resolution on the next agenda in support of the reinstatement of a ban on bear hunting.
Commissioner Carey stated there have been several requests; one for a resolution to tell them to stop the bear hunt and one to have a ban on bear hunting in Seminole County. She opined that the issue the County is having is not going to be impacted by a bear hunt. Commissioner Carey expressed she thinks the County Manager could craft something that would be reasonable for the Board to protect the County and to send a message to FWC that what they are doing with the bear hunt is not helping this County’s situation.
Commissioner Constantine stated he has time and time again sent a message to the FWC about the issue, and they cooperated when he requested they look at the bear resistant containers, and again with the bear management Ordinance the County adopted. He believes that the FWC respects Seminole County; so sending them a message that the County is opposed to the bear hunt, at least until the FWC has concrete evidence that the hunt is necessary, would be a one-two punch that would be well received by the FWC and the citizens of Seminole County.
Commissioner Carey opined that a ban on bear hunting in Seminole County sends a pretty strong message. She stated the County is very critical of the State when they do things at a State level that take away the County's home rule. She acknowledged that it is the job of FWC to set rules and regulations. Mr. Applegate stated he certainly agrees with everything; but he needs to check to see if the County is not preempted by State laws and regulations to draft a resolution or an ordinance banning bear hunting in the County. Commissioner Constantine explained that if that is the case, they will be back to point zero again at the next meeting. He thinks at the very least the County should have some sort of agreement that they would be sending their dissatisfaction towards the bear hunt to the FWC; and if they can eliminate the bear hunt in the County, he believes they should do so. Mr. Applegate expressed he will definitely look to see if there is a way to do that.
Chairman Horan stated the FWC was surprised by a number of things in regard to the 2015 bear hunt including the fact that the bears weren't accustomed to being hunted. He explained that out of the hundreds of bears hunted, only a handful were killed in Seminole County; so the hunt did not help his constituents at all. He would like to entertain an ordinance banning bear hunting in Seminole County to the extent that the County is legally allowed to do it, and he would move that the Board adopt a resolution. Commissioner Dallari stated that within that resolution needs to be something regarding the FWC having an accurate bear count, and Chairman Horan stated they are doing one now. Commissioner Carey noted that it is kind of hard to do. They estimated 3,300 bears to be the current population, and she knows the mother bear that has lived in her area has had two to three cubs every year; so she isn't sure how accurate the population number is. She wants the County to be considerate in what they say because it is not the County's jurisdiction; and she, herself, has not been involved to the level of detail that an FWC Commissioner would be. Chairman Horan agreed and mentioned it would only be to the extent that the County is legally able to do so. He stated that he feels it is a public safety issue considering the County is the third most densely populated county in the state.
Commissioner Carey suggested that the FWC could take the funds and have more officers to deal with nuisance bears when there is a problem. She stated if there can be a ban in the County, she prefers to see a ban. Ms. Guillet expressed staff can draft a resolution in a way that encourages non-lethal management techniques and is respectful at the same time. Commissioner Carey discussed her suggestion of FWC using funds for more field officers. Chairman Horan suggested if staff can do a ban, they should adopt an ordinance; and if they can't do a ban, they should at least prepare a resolution. He reminded the most important thing is that people know how to keep themselves safe; and he feels the County is getting the word out that if people are going to live in an area where there is this type of wildlife, there are certain things people can do to protect themselves and their families.
Lee Day, 3441 Hunt Lane, addressed the Board to state he has just heard a really good discussion, but he just wants to add something to it. He opined that the media has turned this issue into what it has become, made the bears public enemy number one, and gave the FWC the ability to say the population is large enough to hunt. Mr. Day expressed the Florida black bear is an iconic animal like the manatee or sea turtle, and that is why he is here today. He noted that he believes the Board understands that FWC is not being responsive and thanked the Board for their good comments and listening to the public.
Speaker Request Forms were received and filed.
Commissioner Constantine commented how proud he is of how far the Commission has come in recognizing problems in Seminole County and taking whatever future steps they need to take. Chairman Horan stated he thinks one of the things that has always been a pulse start indicator for the Board's actions has always been public safety, and whatever promotes public safety is something the Board has to do. He commented he has always been proud of all of his colleagues on the Commission because he always knows that public health and safety come first with them.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:43 p.m., this same date.