BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 26, 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, July 26, 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 and Comptroller Maryanne Morse
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Pastor Eric Allen, Pinecrest Baptist Church in Sanford, gave the Invocation. Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for Audibel Hearing Center was presented.
AWARDS AND PRESENTATIONS
Item #1 – 2016-365
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-116 recognizing Tony Matthews, Principal Planner, for 31 years of service to Seminole County Government and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mr. Matthews addressed the Board to express his appreciation.
Consent Agenda Item #2 – 2016-375
Marianne King, 1339 Grace View Court, addressed the Board to discuss the Resolution in regard to rest areas and displayed a PowerPoint presentation (received and filed). Ms. King thanked the Board for taking an interest in this issue. The first aerial photograph of the I-4 westbound rest area was shown. She pointed out the close proximity to the Little Wekiva River and stated this is an environmentally sensitive area. She said the next aerial was from 1984 showing the eastbound rest area. She noted at that time, there was not much development and that Northridge, where she lives, was just being developed. The next slide showed a current aerial and she noted that the area is now fully developed and some of the neighborhoods back right up to the rest area.
Ms. King stated there are safety issues with the rest areas and displayed a news photo of a rollover crash at the ramp to the rest area that resulted in a fatality. She pointed out that right after the exit to the rest area, the road goes uphill so the trucks have a difficult time going up the hill, and there have been several accidents there that have included fatalities also.
Ms. King displayed a map depicting all the rest areas in the state of Florida and she pointed out that in the Miami and Jacksonville areas, none of the rest areas are in an urban area and they are especially not in anybody’s beltway. A study done in 2009 by Jacobs recommended closing this rest area in both directions, and she said there have been several times over the years that it was recommended that these rest areas be closed for an abundance of reasons.
Ms. King opined that passing a resolution is a great first step; they have been trying to get these closed and find another location, but they have hit a brick wall. She stated the Federal Highway Administration has a provision where a rest area can be abandoned if there are extenuating circumstances. (An excerpt from the Federal-Aid Policy Guide, NS 23 CFR 752 (3)(a) regarding Abandonment of Interstate Safety Rest Area Facilities was displayed.) She added if they look at all the circumstances involved, she believes they meet that definition. The rest area is in the beltway, they have environmental issues as far as proximity to the Wekiva Basin, and there are also a lot of safety issues, and as I-4 expands, those will only get worse.
Dominic Salfi, 340 Markham Woods Road, addressed the Board and thanked them for the Resolution; he said they have been pushing for this for a long time. He asked the Board to consider one change that has to do with the last sentence about enforcement. He said he knows the Board is familiar with the trucks parking in the wrong areas and parking for too long a period of time. His request is they include on the Resolution that the Seminole County Sheriff’s Department be involved in those enforcement situations. He opined there are many things they could help with particularly when people see that there is a problem, they would be able to contact them.
Commissioner Constantine noted that he had asked the County Manager the same question. Ms. Guillet advised they did reach out to the Sheriff’s Office, and they were told they have never historically done any sort of enforcement at the rest areas. The person they spoke with yesterday was not even sure if that is within their realm of authority. Commissioner Carey added she thinks the Florida Highway Patrol is the authority on the interstate highways as the primary source. Commissioner Constantine then asked whether it would be appropriate to add to the Resolution, “and all other law enforcement organizations as appropriate” or something of that nature. Mr. Applegate commented they could say “all other law enforcement agencies that have jurisdiction.” Chairman Horan questioned whether every Commissioner was in agreement that the last line of the Resolution be amended to reflect that “all appropriate authorities have jurisdiction.” No objections were voiced.
Mr. Salfi advised that the Sheriff’s Department does have jurisdiction. He noted that in 1989, 1990, and 1991, there was criminal activity taking place at those rest areas, and at that time, the Sheriff’s Department stepped in. He added there were articles in the newspaper with comments made by the Sheriff then about what they were going to do to keep the rest areas free of this type of criminal activity. So, Mr. Salfi said he knows that the Sheriff’s Department recognized their responsibility at that time, and he submits they still have that responsibility. Ms. Guillet clarified what they were told by representatives from the Sheriff’s Office yesterday. She explained the Office did not say they didn’t have jurisdiction; they stated they did not historically patrol those areas and they had not done any kind of parking enforcement there. They also said they were going to discuss this internally.
Speaker Request Form from Ms. King was received and filed.
With regard to public participation, no one else in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Chairman Horan noted that their law enforcement agencies coordinate well, and they all understand in this issue that the primary problem here is that the State has abdicated too much control, too much responsibility, and too much of the burden on the local officials, the local residents, and the local governments. He reported that as the County representative, he attended the Central Florida Metropolitan Planning Organization Alliance meeting which met, as it does once a year, with the Tampa Bay group of the same alliance. At that meeting, he raised the issue, since DOT was there, about the rest areas. He then followed up with several citizens who he knows are interested in this with an email describing what happened at that particular meeting. He said a very lively and very informative discussion occurred. Apparently, there is not only a problem in terms of staging and planning the rest areas in that they have fewer than they need and fewer than they should have by population, but two rest areas, south of town and not on I-4, were closed in recent years which exacerbated the problem. Chairman Horan continued that the other problem is, it is not so much a rest area for the truckers, but because of the unique spectrum of growth that they have had here in Central Florida, particularly north of Orlando in recent years, the truckers coming down with goods and materials from Georgia, North Carolina, etc., use these as a staging area. In other words, these truckers are not necessarily stopping for a rest; they are stopping overnight because they are making deliveries locally. The Chairman stated this translates into a problem for the industry. He added he had extensive discussions with representatives of FDOT, District 5, and he made a motion which was adopted by the group that the Orlando MPO, acting on behalf of the Alliance, will take up this issue and provide recommendations concerning this issue from a regional basis. He noted that it was Commissioner Carey’s suggestion that he bring that up at that meeting.
Commissioner Constantine stated this issue first came up in 2004 when he was a legislator and they wanted to do some work there, he and others felt it was important that they did not do that work and spend taxpayers’ monies when they were hoping they would eliminate these rest areas. He said in every meeting that Commissioner Dallari and he have attended, the DOT continued to say that they were working with the residents to try to find a way to eliminate these rest areas. They understood the problem, but then Volusia County did a resolution and it was off the table. He opined that he is extremely frustrated because most times he has found DOT to be very cooperative in working with them, and if they gave him their word, it usually meant something. He wondered in this case, what makes Volusia County more important than Seminole County. He noted that every time he goes back and forth on I-4, he either goes through the rest area or looks at them, and they are constantly full. Commissioner Dallari added the parking spots are full of 18-wheelers and also the entrance and exit ramps are full. Commissioner Constantine stated they have got to come up with a better solution because these are now in an urban area, and as Chairman Horan said, this is not appropriate for a distribution center, which is essentially what it has become.
Commissioner Carey stated when these rest areas were built in the 1960s, I-4 had just been opened a short period of time and there was not nearly the traffic that there is today. She opined these are woefully undersized. All along I-4 and I-95 throughout the state, they have redone the old rest stops to make them larger, more user-friendly, and more accommodating. In 2004 when Mike Snyder was District 5 Secretary, she thought that FDOT had actually purchased property at SR 44 and I-4 to do a partnership with a private company to relocate those on about a 50-acre site, which is what needs to happen. She added that out west, they have huge facilities that are very nice and drivers don’t have to sleep in their trucks because they can accommodate internally with showers, etc., so the concept of rest stops has changed. She said it is still a federal requirement, but it is unfortunate that their neighbors to the north have passed this resolution. At some point, any property along the interstate is probably already properly zoned, and she thinks that the State has a responsibility to right-size these facilities for the traveling public and for the professionals that are truck drivers that transport goods and services across the country. She understands that they cannot just eliminate these because there are spacing requirements and rules, and she believes they need to continue to work with the people involved in the Alliance. She explained that the MPO is Seminole, Orange and Osceola Counties, but the Alliance is a bigger expansion of that which includes Volusia, Lake and Brevard. Chairman Horan further explained when you combine it with the Tampa area, it basically includes every metropolitan planning organization and every transportation planning organization that is in the Central Florida area from Tampa to the east coast as far north as Flagler and as far south as Okeechobee. At that meeting he attended, there were all of the executive directors and elected officials that represented all of those TPOs, which is why he learned so many things at that meeting concerning this issue and the notion of the public-private partnership. Also, the trucking industry itself has to be a player here especially with the staging. If Volusia County is saying they do not want to exploit the possibility of an economic development initiative in their county that would relate to something like this, they really ought to take a second thought about that. So, he said, bringing the trucking industry into this as a player and a partner is a huge new idea. He believes they should go to the trucking industry and say this is your problem, please provide a solution, and then leverage the public dollars and the independent dollars of the associations because this is a problem for the trucking industry. If those two rest areas were there and used as designed, they probably would not have the problems they have today. The problem they have today is they are being used as not just rest areas but 18-wheeler staging areas, and those staging areas should be provided by the industry itself. So this is a wider net now that they are spreading and they are bringing more players into the conversation, which expands the possibility of solutions.
Commissioner Carey advised in the 1990s, she served on the MetroPlan Citizens Advisory Committee representing this County along with Dick Harris. There was a special study that MetroPlan did about moving goods and services around Central Florida. It had not only to do with rail cargo, but also airports and surface transportation. She said she would encourage the MetroPlan board members to ask Harry Barley to pull that out and look at that because it really looked at it globally and the Alliance kind of came out of some of those discussions. It was chaired by Dick Harris who was their county representative at that time and he was very familiar with the trucking industry.
Commissioner Dallari stated that a couple of meetings back they spoke about air quality both at the rest stops and also in the community. He asked the County Manager whether they had proceeded with that yet. Ms. Guillet replied they did request that of FDOT and they declined to do anything outside of the rest areas. Their position is that they don’t monitor air quality; they are not an agency that is involved in air quality; and therefore, that is not something that they should be required to do. She opined there is a lack of connection maybe on DOT’s part that the activities at the rest areas may be affecting adjacent properties. Commissioner Dallari stated they need to move it a little bit further than that because there is no doubt that the traffic in and out of these rest stops is an issue, but the real issue is the air quality around these rest stops. However, until you have the data, you do not know how it is going to affect the air quality in the surrounding neighborhoods. It is that air particulate which is the issue.
Ms. Guillet stated she thinks the reason it should be FDOT’s responsibility is because of the way that their rest areas are operating. Their parking rules are not being enforced and they are being operated in a way that they were not designed for, and because of that, they could be having impacts to the adjacent properties. She added they don’t have the data, but anecdotally it appears that that is what is happening.
Commissioner Carey remarked there is no reason why DOT can’t put testing stations around the boundaries of the rest stop to see if it is a problem, they could do it on their site which is at the boundaries. Ms. Guillet stated she is not so sure they cannot do it off the site either. She explained they are saying that air quality monitoring is not part of their responsibility. Commissioner Carey noted if they don’t attain certain air qualities, they lose their federal funding and so it is a transportation-connected responsibility. Ms. Guillet stated she thinks their position is that the overall air quality is met. Commissioner Dallari stated the Resolution talks about the exhaust from the abundance of the tractor-trailers parking there, but it does not talk about the air quality issues. He wants to make sure that they address that. Ms. Guillet explained the reason that it is more general is they only know anecdotally that it is affecting the residents; they don’t have hard data that says it is because they haven’t done any testing. She added that they did make the request and they did get a rejection on that request so it probably needs to be moved beyond staff.
Commissioner Dallari asked what the next step would be and Ms. Guillet responded that if the Board authorizes them to, they can push it up to the Secretary. Chairman Horan suggested that since the MPO is working on this, that they see if they can get the scholarship from that entity before they take a next step. Also, he said by the next BCC meeting, that ball will probably be moved further down the field. Commissioner Carey noted that air quality reporting does fall under MPO for transportation so that is a good place for it to be holistically part of the discussion. Commissioner Dallari reminded the Board there are four monitoring stations in Central Florida, and the one in Seminole is nowhere near I-4. Ms. Guillet reiterated that that is their point; they are complying with the federal air quality. Commissioner Constantine commented they are kicking it to another agency and he doesn’t think that stops this Commission from asking another agency, the DEP, if they would be willing to do that. Commissioner Carey opined she thinks they should see what MetroPlan’s approach to this is, and she confirmed they have a meeting in September.
Chairman Horan suggested rather than giving staff specific direction on this right now, they wait a little bit to find out what happens now that they have the “cauldron brewing” with the regional agencies, etc. Commissioner Constantine indicated he will probably ask the DEP at the next Wekiva Commission meeting, since the rest stop is right next to the Little Wekiva River, if they would be willing to do testing without them waiting for anybody else. Chairman Horan and Commissioner Carey agreed.
Emails received by the Board in regard to this item were received and filed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-117 requesting that the Florida Department of Transportation (FDOT) provide a timeline for the closure of rest areas located on I-4 in Seminole County; that FDOT conduct air quality testing at these rest areas and surrounding neighborhoods; and that the Florida Highway Patrol (FHP), and all authorities with jurisdiction, enforce parking restrictions at these rest areas.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER’S CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve the following:
County Manager’s Office
2. This item was approved in a separate vote.
3. Approve participation in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program in which FDLE has set aside $124,010 for use by all units of government within Seminole County; authorize the Chairman to execute the Certificate of Participation naming Valmarie H. Turner as the coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation as may be required for the application(s). (A-2442-16)
Community Development Division
4. Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government. (A-2444-16)
Planning & Development Division
5. Adopt appropriate Resolution #2016-R-118 vacating and abandoning an Exclusive Access Easement to the benefit of Seminole County, as recorded in the Public Record of Seminole County, Book 1930, Pages 1552 through 1553, more particularly known as 750 Orange Avenue; Seminole County Tax Collector, Applicant. (A-2383-16)
6. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-119 renaming Florida Road to Chinmaya Way. (A-2282-16)
7. Approve and authorize the Chairman to execute an Easement between Seminole County and Duke Energy for the purpose of providing electric energy to the Soldiers Creek Stormwater Facility. (A-2376-16)
Traffic Engineering Division
8. Approve and authorize the Chairman to execute the Fiber Optic Cable Easement between Urgent Care Developers of West Lake Mary, LLC and Seminole County. (A-2336-16)
9. Approve and authorize the Chairman to execute a Traffic Enforcement Agreement between Seminole County, Seminole County Sheriff's Office, and Bella Foresta Community Association, Inc. (A-2136-16)
Watershed Management Division
10. Approve the concept to proceed with the Contracted Services Request for $120,414.09 to Environmental Research and Design, Inc. (ERD) under Professional Management Master Service Contract PS-0201-15-AEH for a Sweetwater Cove Nutrient Study. (A-2322-16)
11. Approve and authorize the Chairman to execute the new Lease Agreement for space at 400 West Airport Boulevard, Sanford, and a portion of space at the Seminole County Services Building located at 1101 East 1st Street, Sanford, with the Florida Department of Health. (A-2429-16)
Budget and Fiscal Management Division
12. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-120 implementing the Budget Amendment Request (BAR) #16-076 through the Fire Protection Fund in the amount of $84,000 from Reserves for Swift Assisted Victim Extraction (SAVE) equipment. (A-2399-16)
13. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-121 implementing Budget Amendment Request (BAR) #16-077 through the General Fund to establish $7,159 in capital funding from savings within the Fleet Contract operating budget for the replacement of a Fleet Vehicle Lift. (A-2413-16)
14. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-122 implementing Budget Amendment Request (BAR) #16-078 in the amount of $380,000 through the 2014 Infrastructure Sales Surtax Fund to appropriate additional funding from Reserves for the Bear Gully Sidewalk and Drainage Improvements. The total cost of the project will be $937,407 after this Amendment. (A-2420-16)
Purchasing & Contracts Division
15. Award CC-0846-16/TAD, Construction Services Agreement, for Greenwood Lakes Water Reclamation Facility Renewal & Rehabilitation, in the amount of $897,107 to L7 Construction, Inc., Sanford, and authorize the Purchasing & Contracts Division to execute the Agreement. (A-2395-16)
16. Approve an increase to the Board-approved Estimated Term Usage for PS-8827-13/DRR, Engineering Consultant Services for New Oxford Road Improvements by an additional $400,000. (A-2427-16)
17. Approve ranking list and authorize staff to negotiate rates in accordance with F.S. 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-0801-16/RTB, Wekiva Basin Stormwater Management and TMDL Engineering Services; Estimated Annual Usage $400,000. (A-2371-16)
18. Award three (3) additional Agreements under IFB-602510-16/GCM, Term Contract for Concrete Sidewalks, Driveways, Curb Ramps, Curb, Gutter, and Traffic Separators Construction and Repair to All Terrain Tractor Service, Orange City; Huffman, Inc. d/b/a Nuwave Concrete, Sanford; and MCG Services, LLC, Orlando, and authorize the Purchasing & Contracts Division to execute the Agreements. The estimated annual usage for this project has increased from $1,500,000 to $2,000,000. (A-2364-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan stated that Bill Nygren, Geneva resident, and Don Epps, president of the Seminole County Historical Society, are in attendance today. He said he wanted to recognize them and explained that the County is addressing an issue right now involving Mr. Nygren’s wonderful collection of buggies and historical items. He stated the item is not on the agenda today; however, Mr. Epps has submitted a memorandum addressed to the Board and a copy of a Sanford Herald newspaper article regarding Mr. Nygren’s collection (received and filed).
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
19. Approve Expenditure Approval Lists dated June 13, 20, 27, and July 5, 2016; Payroll Approval Lists dated June 16 and 30, 2016; and the BCC Official Minutes dated June 14,2016. (A-2426-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Special Warranty Deed from City of Casselberry to Seminole County as provided for in Section 6(b)(1)(i) of the Fire and Emergency Medical Services Interlocal Agreement between Seminole county and City of Casselberry with copy of Agreement attached.
2. Renewal Letter to J. Marc Jones, P.A. regarding Third Renewal to the Counsel to the Seminole County Value Adjustment Board Agreement.
3. Tourist Tax Funding Agreements (5) with Nations Baseball of Greater Orlando, Inc. for 2016 Central Florida Invitational Tournament; 2016 Central Florida Baseball Championship; 2016 Heroes vs. Villains Baseball Tournament; 2016 Sanford Firecracker 2k16; and 2016 Greater Orlando World Series.
4. Tourist Tax Funding Agreement with Florida Amateur Softball Association, Inc. for 2016 Florida State Championship.
5. Tourist Tax Funding Agreements (2) with D9 Events Management Company, LLC, for Adidas 3 Stripe Classic and 2016 Adidas Super 64.
6. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for 2016 USSSA Fastpitch Florida State Finals.
7. Recording of Plats and Revised Opinion of Title regarding Hickman Place Subdivision.
8. Approval Development Orders as approved by the Board of Adjustment on May 23, 2016 as follows: #16-30000028, 3050 Holliday Avenue, Anthony Rizzo and Leticia Robinson; #16-30000025, 3092 Timpana Point, Bhupinder R. Gupta; #16-30000024, 440 Oakhurst Street, Kelly L. Cook; #16-30000023, 2600 Grove Avenue, Richard and Paulette Schoen; #16-30000021, 118 Wild Fern Drive, Morgan C. and Sarah J. Sloan; #16-30000020, 5745 Autumn Chase Circle, Matthew and Jennifer Anderson; #16-30000019, 3737 Aldergate Place, Timothy A. and Stephanie Bosse; and #16-30000018, 1661 Stanley Street, Judith A. Hugget.
9. Denial Development Order #16-30000026, 1675 Cherry Blossom Terrace, Thomas S. and Mary E. Solby.
10. Approval Development Orders as follows: #16-30000035, 1150 Mapimi Court, Avian L. Carey; #16-30000033, 1156 Homeward Lane, Ivan Sorokoumov and Alexey Kryuchkov; and #16-30000026, 1675 Cherry Blossom Terrace, Thomas S. and Mary E. Solby.
11. Lake Sylvan Oaks Phase 2 Planned Development Developer’s Commitment Agreement; DCA #16-20500011.
12. Addendum #1 to the Sabal Point Planned Development Commitments, Classification and District Descriptions; DCA #16-20500009.
13. Serenity Cove PD Final Development Plan, Developer’s Commitment Agreement, Commitments, Classifications and District Description; DCA #16-20500043.
14. V3 Holliday Final Development Plan, Developer’s Commitment Agreement, Commitments, Classifications and District Description; DCA #16-20500018.
15. Oregon Street Subdivision PD Final Development Plan Developer’s Commitment Agreement Commitments, Classifications and District Description; DCA #16-20500030.
16. Florida Public Service Commission Order #PSC-16-0253-TRF-WS Approving Late Payment Charge and Non-Sufficient Funds Charge regarding Utilities Inc. of Florida, Docket #160104-WS, issued June 29, 2016.
17. Pet Rescue Cooperative Service Agreement with Skyway Dachshund Rescue, Inc.
18. Parks Contracts of Services with Robert Smith and Ashley Richow; and Tennis Developmental Instructor Agreements with Christopher Browning and Zachary Higgins.
19. Amendment of Contract #22294 dated September 22, 2015; Florida Department of Agriculture and Consumer Services.
20. Amendment #4 to Work Order #108 to PS-5120-02 with Atkins North America.
21. Work Order #56 to PS-8148-12 with Keith & Schnars, P.A.
22. Amendment #1 to Work Order #10 to PS-9738-14 with E Science, Inc.
23. Change Order #2 to Work Order #21 to CC-9192-13 with Corinthian Builders, Inc.
24. Work Order #16 to PS-8146-12 with E Science, Inc.
25. Fourth Amendment to IFB-602048-14 with Design Lab, Inc.
26. Change Order #1 to CC-0705-16 with C.E. James, Inc.
27. Change Order #2 to CC-9899-15 with Stagedoor II.
28. Fifth Amendment to IFB-601297-11 with Ameriscapes Landscape Management Services, LLC.
29. Second Amendment to IFB-601429-12 with Skyline Elevators.
30. Fifth Amendment to IFB-601796-13 with Butler Animal Health Supply, LLC, d/b/a Henry Schein Animal Health.
31. First Amendment to RFP-602491-16 with Tetra Tech, Inc.
32. Amendment #3 to Work Order #1 to PS-9093-13 with HKS Architects, Inc.
33. Work Order #23 to PS-7643-12 with Southeastern Surveying and Mapping Corp.
34. Work Order #15 to PS-8146-12 with Applied Science Consulting, Inc.
35. Work Orders #17 and #18 to PS-0009-15 with Inwood Consulting Engineers, Inc.
36. Change Order #2 to CC-0222-15 with Rowe Drilling Company, Inc.
37. Amendment #3 to Work Order #1 to RFP-8721-13 with VHB MillerSellen.
38. Work Order #4 to CC-0559-15 with Southland Construction, Inc.
39. Change Order #4 to Work Order #2 to RFQ-9093-13 with Wharton-Smith.
40. Amendment #3 to Work Order #74 to PS-4388-09 with Pegasus Engineering, LLC.
41. Work Order #57 to PS-8148-12 with Keith & Schnars, P.A.
42. Twelfth Amendment to RFP-600006-06 with Cato Environmental Services, Inc.
43. Work Order #19 to PS-0009-15 with Pegasus Engineering, Inc.
44. Work Order #6 to CC-0559-15 with C.E. James.
45. Work Order #5 to CC-0559-15 with Central Florida Environmental Corp.
46. Bids as follows:
IFB-602588-16 from Alert Security, Inc. d/b/a Signature Systems of FL; Space Coast Fire and Safety, Inc.; AFA Protective Systems, Inc.; Orion Management Services; Commercial Systems Group, Inc.; SimplexGrinnell LP; and
IFB-602567-16 from Elite Court Construction; Premier Surface Solutions, Inc.; Sport Surfaces, LLC; The Nidy Sports Construction Co.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve the following:
20. Approve an expenditure of $120,000 from the Law Enforcement Trust Fund to the Florida Department of Health in Seminole County to provide for funding of the Teen Outreach Program (TOP). (A-2430-16)
21. Approve an expenditure of up to $550,000 from the Law Enforcement Trust Fund to provide for the purpose of furniture, fixtures and equipment to outfit the Sheriff's Office training facility. (A-2434-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
Item #22 – A-2401-16
Edward Bass, Resource Management Director, addressed the Board to present the request to establish the 2016 proposed millage rates for TRIM notification and to set the date, time, and place for the first Public Hearing to adopt the Fiscal Year 2016/17 county budget. He presented the information as outlined in the Agenda Memorandum.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the proposed millage rates to be included on Truth in Millage (TRIM) notifications as presented; and authorize staff to schedule the first Public Hearing to adopt the tentative millage rates and budget for Fiscal Year 2016/17 on September 14, 2016, at 7:00 p.m., and the second Public Hearing to adopt the final millage levy and budget for Fiscal Year 2016/17 on September 27, 2016.
Commissioner Carey amended the motion to include the advertisement of the two public hearings, and the seconder agreed.
Commissioner Henley stated he thinks it should be pointed out that the millage they are talking about can be lowered, but it cannot be raised.
Districts 1, 2, 3, 4 and 5 voted AYE.
Item #23 – A-2286-16
Patt Hughes, Planning & Development Division, addressed the Board to present a request to consider a total waiver of the special magistrate lien of $94,000 for Case #14-77-CESM on the property located at 213 Brynwood Lane, Sanford, Tax Parcel #30-19-30-505- 0000-0040; Nancy A. Tron, Owner and Applicant.
Ms. Hughes reviewed the background timeline as outlined in the Agenda Memorandum. She advised staff recommends approval of a reduction of the lien to the administrative costs of $443.58 based on the documentation submitted showing a medical hardship.
Candace Keeler, 213 Brynwood Lane, addressed the Board to advise that she is the Applicant’s daughter, and she is the one who hired a contractor who did not obtain the proper permit. She explained immediately after receiving the violation, they tried to obtain a permit and were told they needed a variance. They then tried to obtain a variance and did not get approved because a neighbor, who no longer lives next to them, objected to them obtaining that variance. They did appeal and were granted the variance. The timeframe was extended due to various engineering they had to have done and architectural designs. She explained that her mother, Nancy Tron, was unable to attend the Special Magistrate hearing because she was undergoing some very serious cancer treatments at the time, and she has no knowledge of receiving the certified letter. Ms. Keller said if she had known about it, she would have attended personally. She reiterated her mother has had some serious health issues in addition to financial issues. She added that her total income is Social Security and it is less than $1,300 per month. Ms. Keller said her income is the only income that supplements her mother’s income. She asked that the Board grant the reduction in fines and if they do, she will pay that today on her mother’s behalf.
With regard to public participation, no one else spoke in support or in opposition to Item #23 and public input was closed.
Speaker Request Form was received and filed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a reduction of the Special Magistrate lien from $94,000 to the total administrative costs of $443.58, based on the documentation submitted showing a medical hardship, for Case #14-77-CESM, on the property located at 213 Brynwood Lane, Sanford, Tax Parcel #30-19-30-505-0000-0040, owned by Nancy A. Tron; and require the reduced amount to be paid within 30 days, or the lien will revert to its original total amount of $94,000; and authorize the Chairman to execute the Release of Lien upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
Item #24 – A-2187-16
Ms. Hughes presented the request to consider a total waiver of the Special Magistrate Lien of $43,750 for Case #13-163-CESM on the property located at 2323 Brazier Point, Geneva, Tax Parcel ID #31-19-32-501-0000-0010; Glenn R. Brazier, Owner, and Michael D. Jones & Associates, P.A., Applicant.
Ms. Hughes cited the background timeline included in the Agenda Memorandum and stated staff recommends approving a reduction of the lien to the administrative costs of $453.98 based on financial hardship.
Chairman Horan noted the Applicant’s representative was in attendance. Mr. Jones stated he was in attendance to answer any questions the Board may have.
With regard to public participation, no one spoke in support or in opposition to Item #24 and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Henley, to approve a reduction of the Special Magistrate lien from $43,750 to the total administrative costs of $453.98, for Case #13-163-CESM, on the property located at 2323 Brazier Point, Geneva, Tax Parcel #31-19-32-501-0000-0010, owned by Glenn R. Brazier; require this reduced amount to be paid within 30 days or the lien will revert to its original total amount of $43,750; and authorize the Chairman to execute the Release of Lien upon payment in full.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY MANAGER BRIEFING
Nicole Guillet, County Manager, announced for the benefit of the public that Item #28, a Board of Adjustment appeal to approve a Special Exception in the Mirror Lake PD, has been withdrawn. She also noted that there is an Add-on Item #28A, Brewer Avenue right-of-way vacate. She added this item was continued from the June 28th meeting. In addition, they have received a request to continue to a date certain Item #25, the San Pedro PD Major Amendment and Rezone.
The Board recessed the meeting at 10:40 a.m., with all Commissioners and all other Officials, with the exception of Maryanne Morse who was absent, and 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 Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
SAN PEDRO PD MAJOR AMENDMENT AND REZONE/Richard Jerman
Agenda Item #25 – PH-2016-373
Proof of publication calling for a public hearing to consider a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) for a mixed-use development on approximately 468 acres, located on the north side of Howell Branch Road, approximately 400 feet east of Jergo Road, Richard Jerman, received and filed.
Brian Walker, Planning & Development, informed the Board that they are requesting a continuance because the Planning & Zoning Board continued the item until their August 3rd meeting.
Commissioner Constantine stated both he and Commissioner Dallari were at a community meeting in which there was a representative of two of the property owners present, the other one was not; and a number of the community members were concerned about the lack of having the one. Subsequent to that, Commissioner Constantine received three different emails; one with 30 concerns, one with 10 concerns, one with 5 concerns, many of the same. He explained his concern is he does not want to rush to judgment and he thinks there are a lot of issues. He has called Mr. Madden, who is the representative, and suggested to him maybe there should be another community meeting among other things; but he thinks they should postpone this to a later date, not August 23rd.
Commissioner Dallari stated he has a lot of the same concerns. He requested Rebecca Hammock, Planning & Development, to address the Board because she attended the community meeting as well. He mentioned at the meeting, the applicant was making a lot of concessions to the community at large, and Ms. Hammock was taking notes as well as Jay Zembower. Commissioner Dallari expressed his concern is that not everything is being addressed and they may need more time for things to be done.
Ms. Hammock stated some of the concerns are being addressed. She explained that the applicant has agreed to make some voluntary concessions that they are putting in the Development Order. Commissioner Dallari noted he has not spoken to the applicant about his concerns. Chairman Horan reminded discussion should be related to the reason for the continuance and not to the substance of the matter. Commissioner Dallari expressed he wants to make sure they are giving the appropriate time to do everything. Ms. Hammock stated the Planning & Zoning Commission tabled it so that they could go back and have a community meeting and work out some of those issues, and the concessions are a result of that community meeting, so they result from the continuance.
Ms. Hammock confirmed for Commissioner Carey that the Planning & Zoning Board has not taken action on this yet. Commissioner Carey asked if they have to continue it to a date certain or if they can continue it until it gets through the process and is ready to come back to them. Nicole Guillet, County Manager, answered they do not have to continue it to a date certain. However, the benefit of continuing it to a date certain is they do not have to re-advertise it; but if they want to leave it open-ended, the only consequence of that is they would have to re-notice it, which is not an issue.
Commissioner Carey stated it is such an important project and she does not have an issue re-noticing it. She explained they do have a Development Order already approved on this property and thinks they are trying to work with the community. She pointed out they have a policy that says if someone requests a continuance to a date certain that is not 24 hours in advance, they will do that; but they also have a policy that says they are not going to keep continuing without going back through the notification process again. Commissioner Carey stated if it is the Board that sets the August 23rd date and not the applicant, she would rather continue it until it gets through the process because it is not going to end up at Planning & Zoning until they have gone through the community issues.
Commissioner Dallari stated he would like to continue it, not date certain, to make sure it goes through Planning & Zoning correctly and that all of the community involvement has been done because that is what the direction of Planning & Zoning is.
With regard to public participation, no one in the audience spoke in support or in opposition to the continuance and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to continue (not date certain) the request to consider a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) for a mixed-use development on approximately 468 acres, located on the north side of Howell Branch Road, approximately 400 feet east of Jergo Road, as described in the proof of publication; Richard Jerman, Applicant.
Chairman Horan stated his sense was the same as Commissioner Carey's, which is in reviewing what happened, there were some actions taken at the Planning & Zoning Board where no definitive action on the merits occurred; so consequently, at this particular time the Planning & Zoning Board needs to finish its work. Chairman Horan believes continuing this matter would be the wise thing to do.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari noted he is just bringing this to light to make sure everyone is aware that there was a community meeting, and the applicant and residents in the surrounding area are all trying to work together.
ALLURE ON THE PARKWAY LSLUA AND REZONE/David Bastos
Agenda Item #26 – A-2386-16
Proof of publication calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from High Intensity Planned Development - Target Industry to Planned Development, and transmittal of the associated Rezone from PD (Planned Development) to PD (Planned Development) on 12.28 acres, located on the west side of International Parkway, approximately ½ mile north of County Road 46A, David Bastos, received and filed.
Kathy Hammel, Planning & Development, addressed the Board to present the item as outlined in the agenda memorandum. She explained this is for an existing approved project. The existing project was known as Gunter Village and was approved back in 2009 for a maximum of 350 multi-family units, 15,000 square feet of restaurant, 40,000 square feet of retail and 80,000 square feet of Class A office space. Ms. Hammel stated the proposed request will have the same uses and densities except for a decrease of the multi-family from 350 units to 300. However, the land use only allows the residential square footage to be ancillary to the target industries. Changing the FLU from HIP-TI to PD allows the development's residential square footage to exceed the Target Industry’s.
Ms. Hammel stated that in reviewing the request and the Development Pattern in the area, she believes the request is consistent with the overall development trend. This trend consists of residential uses on the west side of International Parkway that support the target industries that are located on the east side of International Parkway. On the west side of International Parkway, north and south of the property are multi-family, and on the east side is single-family residential uses. Ms. Hammel believes that the multi-family that is being proposed on the west side of this project is the appropriate transition from single-family to high intensity office and commercial uses that are not only located on the east side of the project but also on the east side of International Parkway. She explained that on the east side of International Parkway, there is the Colonial Town Park DRI that has over one million square feet of Class A office space. She reminded that last year they approved the Town Park Commons for 800,000 square feet of office, 250-key hotel and 94,000 square feet of retail. There is no multi-family that was approved as part of the Town Park Commons.
Ms. Hammel stated that Allure and Town Park Commons are not connected by ownership or zoning approval, but they would serve as complimentary projects. She explained that this is strengthened through the connectivity of entrances, common landscape/buffering criteria and coordinated pedestrian access. Based on those factors, the proposed amendment is compatible with surrounding development and consistent with the development trend of the area and the idea of creating a mixed-use, pedestrian-friendly environment in places where they are appropriate and economically viable. Ms. Hammel noted that on July 6th the Planning & Zoning Board voted to transmit this request, and she is recommending the Board transmit the request. She added that the applicant's representative, Randy Morris, is present.
Randy Morris, RM Strategies, Inc., addressed the Board and introduced Greg Fusaro, Capital Investment Group, Inc., who is the project owner and developer, and Jonathan Martin, Kimley-Horn, who is the civil engineer. Mr. Morris thanked the Board for the professionalism of staff and the time they gave Mr. Morris on the project. He pointed out that a lot of work went into the Justification Report that was authored by many people and reviewed very thoroughly. Mr. Morris displayed a map (received and filed) and pointed out that the apartments that they are lowering the number from the original approval is on the western portion; the retail and hotel will be on the hatched-off section. The apartment has a parking garage and both parts of the parcel have direct access to the Seminole-Wekiva Trail, which will come back to the Board for zoning September 13th.
Commissioner Dallari asked for Mr. Morris to point out where the trail is and if it actually connects to International Parkway. Mr. Morris explained it does not because it is blocked by a pond and that was discussed by Planning & Zoning. People would be able to transgress the commercial property, via sidewalk, to International Parkway. Commissioner Dallari then inquired if there is a buffer between the pond and the actual buildable property. Mr. Morris responded there is a pond access, which Mr. Martin has looked at. Mr. Morris pointed out they do not own the pond.
Commissioner Carey stated there is a connection point and detailed that the trail runs in front of the Westin and other apartments, and the sidewalk continues down and will continue in front of Gunter Village to make that connection. She explained if you are on the trail, it runs through what was known as First Street of Paola and then it crosses Orange Boulevard and runs along Markham Woods Road. Commissioner Carey expressed there will be an ability to connect, and it will probably be very similar to what happened at Oakmont where people use the trail to go to commercial places. Commissioner Dallari explained he brought the issue up because he wants to make sure there is a way to get the trail over to International Parkway, and he wants staff to assure the Board that that is a possibility.
Mr. Fusaro addressed the Board and stated he is the proposed developer for the site. He displayed an aerial map (received and filed) and explained the Seminole-Wekiva Trail runs along the west side of the property and makes a turn to the west. In his meetings with staff and the Planning Commission, it was recommended that they make a connection to the trail and try to bring it to the east to connect with Town Park Commons, which opens up Town Park Commons and the commercial development to anybody who is using the trail. Mr. Fusaro explained they have moved parking up to the north. He added that to the south is a retention pond, and they will be creating a paved strip that will take the trail from its existing location and connect it directly into International Parkway. He noted this is not the final plan, but it is pretty close. Mr. Fusaro stated it is a tremendous amenity and one of the reasons he likes the site is because it provides so much walkability, and that is extremely important to residents.
Mr. Morris stated that how the trail is going to connect is an outgrowth from the Planning & Zoning discussion. Mr. Morris explained the proposal by Town Park Commons is to move ingress and egress further down, so they are working with Town Park Commons and Tom Green to have a cross access that directly hooks up. They have also talked to Jean Jreij, Director of Public Works, and his staff regarding the movement. That is a moving part; and when it comes back to the Board in September, they hope to have at least the beginnings of a solution. It does change the traffic patterns, and Mr. Morris opined that it enhances traffic patterns and he thinks staff believes it enhances the traffic movements in the area as well.
Mr. Morris pointed out the other thing about the apartment project that is important is there are a couple of differentiating points that make this application really unique. They have not seen one like this before. He explained they are on the west side of International Parkway; and there is only one other property that is HIP-TI on the west side, the Hattaway piece by SR 46, which is a mile to the north. They are also directly across from two of the largest employment centers. Mr. Morris noted that Mr. Green stated this is a very compatible project and one he is looking forward to going forward with because the retail will be complimentary; but most importantly, the apartments are going to be high-end, executive apartments. They will be on a level that has not yet been seen in unincorporated Seminole County, so Mr. Morris opines that the Board will be very pleased with the product that Mr. Fusaro is going to bring.
Mr. Morris noted the parking garage drives the prices per square foot rather significantly. He stated when the Board sees the Justification Report, there is a whole section that talks about walkability and the low walkability scores that exist in the area. With the approval of the density of the urban project across the street, this will begin to show an urban walkability that the County only really sees in Altamonte Springs at Cranes Roost Park. He believes the Board will be proud in terms of their long-term strategy of connectivity and walkability in this area.
Commissioner Carey stated there is a lot of walkability in the area and there are a lot of residents out there that like to go to Colonial Town Park or the Marriott so much so that they installed a crosswalk in front of the Westin from the trail to get to Colonial Town Park. She hopes that staff will be looking at something similar as these improvements get made to the road and that there will be a flashing crosswalk there that stops traffic so people can walk back and forth. She explained that with all the employment that has occurred and will occur in the area, one of the things that they hear from people bringing jobs here is that they like the fact that there is a variety of housing options, and she thinks this project fits right in the mold of what has been going on in the area. Commissioner Carey noted it is important and they need not to do it after the fact.
Mr. Morris expressed that that will eventually happen. Currently, where the median cut is, there is no signalized intersection and it is an interesting rush hour situation. He explained this project would start to go under construction in the early first quarter of next year; and if they get through the approval process, then that would have to be a signalized light, which will not create the problem Commissioner Carey just discussed where they would have to put in a special flashing signal. Commissioner Carey stated this project may come in ahead of the 800,000 square feet of office because that is coming in in phases. She reminded Mr. Morris that Wekiva Parkway comes in right in that particular area as well, so the whole area will look totally different in 2021 than it does today. Commissioner Dallari noted that the system Mr. Morris is talking about is referred to as a hawk-eye system.
Mr. Morris concluded that he would ask for approval of the transmittal and will be back for zoning assuming they have a successful transmittal in Tallahassee.
With regard to public participation, no one in the audience spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize transmittal of a Large Scale Future Land Use Map Amendment from High Intensity Planned Development - Target Industry to Planned Development (HIP-TI), and transmittal of the associated Rezone from PD (Planned Development) to PD (Planned Development) on 12.28 acres, located on the west side of International Parkway, approximately ½ mile north of County Road 46A, as described in the proof of publication; David Bastos, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
CLIFTON PARK PHASE II PD REZONE/Dustin Lucas
Agenda Item #27 – PH-2016-369
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 50-lot, single-family residential subdivision on approximately 15.26 acres, located on the east side and south end of Deep Lake Road, approximately 300 feet west of SR 417, Dustin Lucas, received and filed.
Brian Walker, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum.
Mr. Walker noted a statement has been added to the Development Order just to clarify an item that is shown on the Master Development Plan. It is namely that prior to the Echo Court private easement access being closed, the developer will provide access to the property currently being served by the Echo Court private easement by constructing a County standard road. Commissioner Dallari questioned if the reason for that is because of the vacant property towards the east, and Mr. Walker responded yes.
Mr. Walker stated that Echo Court is a dirt road, a private easement, and it supplies the property owner with access. The developer will be extending Deep Lake Road and constructing an internal road system to the County standard and will continue on to supply the property owner with access. Commissioner Dallari confirmed that the statement is saying that upon closing off the easement, they are connecting the roads. Commissioner Carey noted that they are giving them a dedicated access point and asked if they are abandoning Echo Court. Mr. Walker replied that it will be abandoned once the internal County road system is constructed.
Tom Sullivan, GrayRobinson, addressed the Board on behalf of the applicant to show his appreciation for staff's recommendation and state that he agrees with the comments that were made including the additional language to the Development Order that Mr. Walker described. He mentioned he is available to answer any questions the Board may have and requested time to respond if any public comments were made.
Jack Woodcock, 9267 Lake Sharp Court, addressed the Board to state his property has a five-yard easement between Orange and Seminole County. He explained his questions are for the developers. He is concerned about the movement of Phase II coming in to the rear of his property. Mr. Woodcock was hoping that there would be a buffer of some sort to maintain the natural trees and wildlife because there are very few left in that area. He pointed out his property on the map provided in the agenda memorandum and discussed zoning. He stated he would like to see a 25- to 30- yard buffer zone to keep the privacy that he has had for 60 years. He mentioned he is also concerned about dust, noise and security. He pointed out there is little crime in the area. Mr. Woodcock mentioned that access to his neighborhood is very limited and wants to know if there is going to be something that will keep them protected from Phase II. Commissioner Dallari explained his property is on the south side; and according to the Development Order, there is a 20-foot buffer. Mr. Walker explained it would be 20 feet from the perimeter of Mr. Woodcock's property line. Commissioner Carey discussed property lines and buffers.
Mr. Woodcock stated he would like the Board to conserve some of the trees that are close to that area, and Commissioner Carey replied that those trees may be within the 20-foot buffer. She questioned if Mr. Woodcock has a fence across the back of his property, and he answered he has a cattle fence. Mr. Woodcock stated his concern during the construction phase is dust control. Commissioner Carey stated that is incumbent upon the County's Building Department to make sure that they are following the rules which talk about dust control during construction.
Tim Gallagher, 5749 Deep Lake Road, addressed the Board to state he is a Clifton Park resident and a member of the HOA Board. He explained Mr. Lucas met with the HOA multiple times after a prior developer had wanted to do a similar-type development, not as a Phase II of Clifton Park, but a separate development. When that didn't happen, the previous developer didn't approach Mr. Gallagher's community prior to going forward with their plans and approaching the County. Mr. Gallagher stated Mr. Lucas met with the community multiple times during the whole process and has been very diligent and addressed their concerns as far as the number of lots being developed, the look and style of the homes matching the community, making sure it can be integrated as one HOA, and adding the amenities to be shared by the whole community. Mr. Gallagher stated as residents they feel this is as close to a win-win situation as they can get and they are very happy with the improvements Mr. Lucas will be making to the community, so they are definitely in favor of this project.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Speaker Request Forms were received and filed.
Commissioner Dallari thanked the developer for meeting with the owners of the surrounding properties.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt Ordinance #2016-23 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) and approve the associated Development Order and Master Development Plan for 15.26 acres, located on the east side and south end of Deep Lake Road, approximately 300 feet west of SR 417, with a dedicated access point for the property currently being served by the Echo Court easement until the road system is constructed, as described in the proof of publication; Dustin Lucas, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF ADJUSTMENT APPEAL (Continued)
3850 East SR 436, Frank McMillan
Agenda Item #28 – PH-2016-308
Continuation of a Public Hearing to consider an appeal of the Board of Adjustment decision to approve a Special Exception to allow on-premise consumption of beer and wine at a bona fide restaurant located within one thousand (1,000) feet of a church or school in the Mirror Lake PD (Planned Development) district, for property located at 3850 East SR 436, as described in the proof of publication; Frank McMillan, Appellant.
Chairman Horan and Ms. Guillet announced that Item #28 has been withdrawn. Commissioner Constantine stated it is his understanding that there was an objection, then they came together with an agreement, and now it is being withdrawn. Ms. Guillet explained the Board of Adjustment granted the Special Exception for alcoholic beverages in a bona fide restaurant. There was an appeal of that approval, and the appeal has been withdrawn due to a mutually agreeable resolution, the details of which the County was not privy to because it was between the applicant and the appellant. Commissioner Constantine confirmed that both sides are comfortable with the outcome.
BREWER AVENUE RIGHT-OF-WAY VACATE/Arthur Jackson (Continued)
Agenda Item #28A – PH-2016-342
Continuation of a Public Hearing to adopt a Resolution vacating and abandoning an uncut portion of the public right-of way known as Brewer Avenue, as recorded in Plat Book 4, Page 98, in the Public Records of Seminole County, Florida, for property located near the intersection of Gilbert Street and Halsey Avenue, approximately 90 feet east of Halsey Avenue, Sanford, as described in the proof of publication; Arthur Jackson, Applicant.
Ms. Gibbs, Planning & Development Division, addressed the Board and described the item as outlined in the agenda memorandum. She explained there have been questions about what happens to the vacated right-of-way, and presented a map that shows the area being vacated in blue. The section on the east will go to Lot 150, the section on the west goes to Lot 149, and a small portion of the alley will go south to the Phyllis Scott property. Ms. Gibbs noted that over the years the County has vacated many unused streets and alleys in Bookertown, which is the plat this is within, including the western portion of Brewer Avenue, which is shown as the red hatch to the south on the map and the alley immediately south of the Jackson property, which is Lot 149.
Commissioner Carey stated the County has seen this a couple of times where the legal description was not right which is why it continued to get continued, but the Andersons have approached the Board on several occasions that they are concerned about this because they do not believe that the line is right, and she had asked the County surveyor to go out there. Commissioner Carey mentioned the Andersons have submitted a letter of no objection.
Ms. Gibbs explained that Mr. Anderson signed with Mr. Jackson on the original application, and because that is not a signature, Ms. Gibbs asked Mr. Anderson in person if he agreed to the vacate and he stated yes. Ms. Gibbs understands that he is the property owner but does not reside at Lot 150.
Lashunda Anderson, 4681 Gilbert Street, addressed the Board and stated Albert Anderson is her father. She explained that Mr. Anderson and Mr. Jackson should be able to get together and do the fence together. Commissioner Carey stated she would like to talk to Mr. Anderson because he owns the property. She mentioned she is very familiar with the community and discussed how homeowners may sometimes be unaware of actual property lines.
Albert Anderson addressed the Board to state he knew it was an alleyway because he tried to buy it, and he cleaned the property up because it was a mess. Mr. Anderson stated he has talked to Mr. Jackson and there is no reason to argue about 50 feet. He explained they each own 25 feet; and if Mr. Jackson wants to fence his 25 feet in, Mr. Anderson does not have a problem with it. Commissioner Carey confirmed with Mr. Anderson that he is in support of the vacate and thanked him for keeping the alleyway clean.
Speaker Request Form for Lashunda Anderson was received and filed.
Commissioner Carey reminded anyone who is planning to put up a fence that they need to get a fence permit because there are a lot of code violations in that community, and fencing requires a permit. Chairman Horan commended his colleagues for how well they know County neighborhoods.
With regard to public participation, no one else in the audience spoke in support or in opposition.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-123 vacating and abandoning an uncut portion of the public right-of-way known as Brewer Avenue, as recorded in Plat Book 4, Page 98, in the Public Records of Seminole County, Florida, for property located near the intersection of Gilbert Street and Halsey Avenue approximately 90 feet east of Halsey Avenue, Sanford; Arthur Jackson, Applicant.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari announced that Mr. Tom O'Daniel from Oviedo is resigning from the Board of Adjustment effective August 1st.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-124 in appreciation of Tom O'Daniel for his service on the Board of Adjustment.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari stated there was a meeting in Orange County referencing Lake Pickett North. He noted in attendance were some of the Board members, the County Manager, the County Attorney and Ms. Hammock from the Planning Division. They were there from 2:00 p.m. to around 2:00 a.m., and Commissioner Dallari said he spoke after midnight. He commended Ms. Hammock for doing such a good job reading a letter that the Board authorized and signed by the Chairman.
Commissioner Dallari pointed out that after Ms. Hammock spoke, he spoke and expressed the County’s concerns. Orange County did transmit to Tallahassee and didn’t really take the County’s concerns to heart at this time. Commissioner Dallari added that the biggest issue is the bridge crossing the Econ and the traffic. He believes the County needs to present their case so they can keep their standing with the State. Since Orange County transmitted to Tallahassee, the County needs to send Tallahassee their objections. In his opinion, looking at the Orange County 2030 Plan, they are in violation of the 2030 Transportation Plan. It does not have a bridge crossing. He thinks they need to amend that first before they do a bridge crossing. In his mind, it is a big issue and not just a transportation issue but also an environmental issue in crossing that river. He discussed some of Orange County’s arguments. He reiterated that he would like for the Commission to file their objections with Tallahassee about the transportation issues as well as that river crossing.
Commissioner Dallari discussed McCulloch Road, where they are presently trying to tie into, and pointed out it is an F-rated road and after that bridge is connected to it, it will still be an F-rated road. He emphasized that this bridge is only for the developer. It has nothing to do with the regional transportation network of Seminole County and Orange County, and it will put all the traffic to the north side of UCF causing additional traffic concerns without addressing the fact that several years ago there was a federal mandate that there could only be one more bridge crossing of the Econ in that area. He stated this will be it and he believes it is in the wrong location for this part of Central Florida. He added they are not solving any transportation problems and are causing additional problems, causing additional environmental issues and it is not compatible to their rural area.
Chairman Horan stated he is not familiar with the transmittal process and the process the DEO exercises, so he questioned what the opportunity is for the County. Ms. Guillet answered staff formally requested a copy of the transmittal documents; and in doing so, as an adjacent local government, the County has the opportunity to comment during the expedited review process. It is a 30-day review period, so they have 30 days from the time they receive the document. She explained their comments are limited to the impact that this particular amendment would have on their jurisdiction. Commissioner Dallari asked if those objections would be with Orange County or Tallahassee. Ms. Guillet replied that they send them to the State, Department of Economic Opportunity (DEO), and it is part of their review process.
Chairman Horan stated the statute and procedure allows the County as an adjacent county to provide comments that are limited to those that relate to the impact on the County's jurisdiction, but they could not comment with regard to the regional impact. Ms. Guillet confirmed that the statute is pretty specific; generally, they can comment on things that are in the County's jurisdiction. She added the State is very limited on what they can object to with respect to the amendment. Chairman Horan asked what the penalty is if they raise issues that do not relate to their jurisdiction. Ms. Guillet answered there is no penalty. She explained that the issues that have regional impact certainly have localized impact on them, so they will capture the regional concerns because they are also local concerns.
Commissioner Carey stated she wants to make sure that they do not forget that when they first started this conversation, their objections were transitions from their rural boundary to Orange County’s buffers as well as transportation and stormwater. Ms. Guillet agreed and stated that was discussed at the transmittal hearing. Commissioner Carey pointed out that this also lies in the face of the regionally adopted “How Shall We Grow?” Agreement; and the thing that bothers her is they have talked about CR 419 since 6 years ago when they pulled back a 4-lane project to make it a safety project with left-turn lanes because Orange County was not planning on widening their road and they did not have it in their 5-year plan. She explained that together, the two counties have to address how they are going to deal with transportation in that area with CR 419, McCulloch Road, and all the other roads that connect around there. They need to do it in concert with DOT, who controls Hwy 50, and the Expressway Authority because they recently discussed the extension of SR 408 and how they could take it out further to make a connection point so that this traffic can get to Hwy 50, then you could just get on SR 408 and not get on Hwy 50, because Hwy 50 is a mess. Commissioner Carey stated she thinks that everybody needs to take a step back.
Ms. Guillet responded that some of Commissioner Carey's arguments were made by some of the Orange County Commissioners who were not on the prevailing side of the vote. She explained that primarily the concern is that it was a premature decision. They are saying they are going to undertake a transportation study that deals with many of these issues; however, they are going ahead and transmitting in advance of that study. Commissioner Dallari noted it passed four to three. Commissioner Carey opined the two counties need to work together to solve some of the problems and one county can't do it without the other. She pointed out that the two counties share roads so they have to address these things, and she thinks the County needs to make their comments. She thanked members of the Board and staff who were present at the Orange County meeting.
Commissioner Dallari submitted a letter from Jay Zembower referencing his concerns of the development and of the Orange County 2030 Plan as well as a cancelled check in the amount of $4 million for road improvements that have not been accomplished yet (copy received and filed.)
Commissioner Constantine stated one of the reasons why many people objected to the DRI process was because so many people would get around the DRI process by engineering their project so that it would just be under the threshold of the number of homes allowed, and then the next developer would have to pay for all the improvements. If this had been just five years ago, they would have engineered this project to be one less home than what would have been a DRI project. More importantly, because it was one less home, it would have taken an extended study by the DEO instead of an expedited study by the DEO that is going to be occurring. Commissioner Constantine opined the County should not feel any comfort that Orange County transmitted it to the State of Florida. He stated that since this new process has occurred, of the hundreds and hundreds of projects that have been sent to the DEO, they have objected to only one. He believes the County's case needs to be stated for the sake of the citizens, transportation, stormwater, environmental, and all of the other concerns they have indicated.
Commissioner Dallari reminded that this is a transportation issue, compatibility issue, stormwater issue, environmental issue and a land use issue. He expressed he wants to make sure they are putting the right staff on it; and if they need to hire staff or a consultant to do the transportation analysis, then they need to do it. Commissioner Carey discussed possibilities as to why the State has only objected to one project, and she pointed out that DOT will have an opportunity to comment as well. She agreed that even with the road improvements, Hwy 50 is a disaster with all of the development that has happened on the east side of Orange County. Commissioner Carey stated the Board should reach out to their DOT contacts who might be making comments to talk about the transportation issues and look to see if there is anything in the document that was received by Commissioner Dallari that may be supporting information that could be sent to DOT to at least make them ask some questions.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to file an objection with the Department of Economic Opportunity (DEO) to uphold all the standing issues that are potentially out there that were articulated today, as well as those submitted into the record by Mr. Zembower, as well as Chairman Horan's letter that was sent, and that they hire any expert witnesses to go to the DEO to present their case.
Under discussion, Chairman Horan stated in terms of hiring, he presumes Commissioner Dallari is talking about with the discretion of the County Manager; and Ms. Guillet explained they have continuing services contracts with a variety of consultants. Commissioner Carey noted they also have staff that has watched this very closely who may be just as well versed to make the County's case. Ms. Guillet pulled up the statute and explained the comments are limited to the effects on the County Comprehensive Plan, which will capture all of the items that the Board talked about. Chairman Horan stated there is an intergovernmental coordination element to the Comprehensive Plan. Ms. Guillet added that the Regional Planning Council is also in a position to make comments if they choose to do so.
Commissioner Dallari revised the motion to include if staff or a consultant needs to go to Tallahassee to present this, that they give them the ability to do that, to which the seconder agreed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari announced he was not at the June 28th BCC meeting because he was at a MetroPlan meeting. He stated he was not present when the Board passed the pilot program for backyard chickens, but he would have supported it if he was there; and he asked staff for an update to see how many people are actually applying for it. Ms. Guillet explained they held their first class and have had only a handful of actual inquiries. Ms. Hammock addressed the Board to advise they have received five applications so far, and there have been a number of people who have taken the class through the Agriculture Extension Office in Seminole County as well as in Orange County, so they are anticipating more applications. Commissioner Carey expressed she saw photographs of the 30-some people that were in the class and they were in a very tight confined area, so she hopes that they can talk about how they are going to do the class. She reminded everyone that the Board has had people that have offered to assist them with hands-on classes, and she suggested having Barbara Hughes work through that. Commissioner Dallari stated he wants to make sure they are moving in the most expeditious way, and Chairman Horan confirmed they are moving in a very expeditious fashion to facilitate the training of these people so they can do the Backyard Chicken Pilot Program.
Chairman Horan announced that at the National Association of Regional Councils meeting, Commissioner Dallari was named President-elect of the National Association. Commissioner Dallari stated he will send the Board a video link of a speaker who talked about transportation, health and walkable communities. He detailed that D.C. is expanding the requirement of all of the transportation authorities to expand in their coordination, which would require MetroPlan to expand into Lake County. So they are working through that to figure out what the pros and cons are. Chairman Horan pointed out that those federal regulations that were pointed out at the MPO Alliance meeting would require some place like Stanford, Connecticut to coordinate with New York City. Commissioner Dallari mentioned the other thing they are working on is making all local governments be aware that all the building authorities throughout the country will have the ability to vote on the National Energy Codes in October.
Commissioner Constantine stated at the Orange County meeting, there was discussion about getting the East Central Florida Regional Planning Council (ECFRPC) involved in some fashion because it is their responsibility to inform the County as to what they are requiring or asking of the County. In the end, since it was not on the agenda, there was a “gentleman's agreement” that the Regional Planning Council staff would coordinate a meeting with the Orange and Seminole County staff to discuss the various issues and concerns on this project; and hopefully, that would then bring forth the Commissions sitting down and talking as well. Commissioner Constantine is hoping that this will bear some fruit in the discussions. He explained that in September, the Lake Pickett South project will come back for zoning changes, but the North project is not anticipated to come back from the State for a couple of months.
Commissioner Carey stated the rules have changed and the jurisdiction is supposed to ask the Regional Planning Council the role they want to play; and if they could be the catalyst to bring something together, that is great, but time is of the essence. She understands they have 30 days to comment to DEO, and it has been a week since the Orange County Commission meeting, and the County still does not have the plans that got transmitted. Commissioner Carey thinks that they need to be focused on this for the next 30 to 45 days to make sure that they get their comments in timely and talk to the Regional Planning Council about what they might be able to accomplish in the next couple of weeks because this is going to go back to the County again for the actual hearing.
Ms. Guillet clarified that they have 30 days from when they receive the transmittal. That being said, her recommendation would be that the Board allows staff to focus on preparing those comments and then the DEO gets the comments. The comments will be submitted to the DEO and won't come back from the DEO until after that 30-day period. So if they are going to have some engagement with the Regional Planning Council, they should do it after they have submitted their comments. Commissioner Constantine noted he will pass along that information. He stated that one of the commissioners of Orange County recognized that when he had a problem with a border county, the Regional Planning Council came to his benefit, so he saw the benefit of that service. He added that at this point, they need to have all fronts they can get to do the best they can to get the message out that this is going to harm that entire area.
Commissioner Dallari agreed that it is important for the Regional Planning Board to get involved and be proactive as much as possible. He noted he was present at the meeting when they approved the transmittal, and Commissioner Boyd stated that they should either go to the Regional Planning Board or MetroPlan or both. Commissioner Boyd is the chairman of MetroPlan. Commissioner Dallari explained that MetroPlan does not meet until September, so the 30-day window is gone. He would like staff to reach out to MetroPlan to find out if anything has transpired or whether anything will be transpiring. He stated that the reason he brings this up is so they make sure they go at this from all sides because it is the public that is at risk, and they can only do this one time.
Commissioner Constantine stated he has asked the Executive Director of the Regional Planning Council to reach out to the Executive Director of the MPO to see how they could coordinate especially in the transportation portion, and he knows that Ms. Guillet has already talked to the MPO. Commissioner Dallari stated the MetroPlan board will not see this until September. Commissioner Constantine added the next meeting of the Regional Planning Council’s full board is in September, but he is calling a special executive board meeting in August, so he is expecting a report from the Executive Director of the Regional Planning Council as to what is going on with them and Orange County. He pointed out that in regard to the “gentleman's agreement,” all the counties and the Governor's appointees agreed that that was what should happen.
Commissioner Constantine noted that at a previous meeting of the Regional Planning Council, he had mentioned that the lease for their office space would be up soon. And in talking with the MPO, they advised that their current space was too limited and they moved down the street to Lynx. Discussions are underway about taking their fourth floor space, which would have taxpayers’ money on both ends.
Commissioner Constantine stated that at the Florida Association of Regional Councils, they did work out the agreement with the Florida Association of Counties. They will be working with the County on staffing and that will give the Florida Association of Counties additional dollars through their enterprise and staffing and will save money for the Florida Regional Planning Council. One thing Commissioner Constantine noted regarding the Regional Planning Council is that they have lacked in working with the National Association of Regional Councils; and one of the things that he brought forth is that they would have participation at the next meeting.
Lastly, Commissioner Constantine announced that many of their member cities had a press conference in July on the kick-off event for Uber in Longwood and it was well attended. Commissioner Constantine wished them success.
Commissioner Henley stated he has no report.
Chairman Horan discussed a letter he signed supporting Lynx's participation in a project called PINEAPPLE and asked Commissioner Henley if he had any information on that. Commissioner Henley answered not yet. Chairman Horan explained PINEAPPLE stands for Paratransit Improvement by Next Evolution Analytics for Peak Performance and Lowest Expenditure, which is an ITS concept. Chairman Horan stated the Board will be getting a copy of it.
Commissioner Carey mentioned that at the Expressway Authority meeting they talked about where they would look to expand and land the SR 408 expansion to the east; so if MetroPlan and the transportation Councils start talking about it, she would like them to make sure the Expressway Authority staff is involved because it is a coordinated effort to align all of these roads to connect.
Commissioner Carey reported domestic travel is up 10% over this time last year and international travel is up over 24% at the Orlando Sanford International Airport with a total increase year-to-date over last year of about 140,000 more passengers.
Commissioner Carey recognized staff, Community Services, Valmarie Turner and her team, Pastor John Murphy from Harvest Time International and Chef Sennet Williams of Candlelight Cafe who provided the coordination for the Back-to-School Program. They had over 500 children show up to receive backpacks, free food, and immunizations and dental screenings with the coordination of the Health Department as well.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-125 in appreciation of Michelle Quick for her service on the Animal Control Board; and approve the appointment of Gayle Hair to fulfill the unexpired term ending December 31, 2016, on the Animal Control Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan announced for District 2, he has no formal report. He stated for the Chairman's Report, in addition to the rest area discussion that occurred at the Central Florida Metropolitan Organization Alliance meeting, they also had a presentation by Jacob Stewart and the Executive Director of the Tampa Bay Partnership. The Tampa Bay Partnership has just completed the same kind of merger alignment that is being executed right now by the EDC and the Central Florida Partnership. Chairman Horan attended the EDC meeting and they voted to accept a Memorandum of Understanding between the two organizations; and it looks like there will be a full alignment. He discussed what happened in Tampa. Chairman Horan stated the Chamber aligned its non-governmental purposes and business lines with a separate organization that is entirely private and funded by private means, which would then fund the political functions of that.
Commissioner Henley left the meeting at this time.
Chairman Horan stated the Budget Workbook is out and the first session will be August 4th, and then there will be other work session dates after that. He said he hopes the Board will review their personal questions with staff to promote the completion of their work session in time for them to have a couple of afternoon sessions that same date. Commissioner Carey asked if they could start the August 4th session earlier due to an announcement by Allegiant that afternoon. Chairman Horan confirmed with Ms. Guillet that they can start at 8:00 a.m. on August 4th. Ms. Guillet stated the Constitutional Officers are first, but she still has enough time to coordinate with them.
Chairman Horan announced that at the Florida Association of Counties annual meeting, there was a great presentation by County Attorney Bryant Applegate; Mike Orlando, FWC; and Jay Exum, wildlife biologist. He stated that the room was filled with people interested in the Bear Ordinance. Chairman Horan explained that the bears are a problem that is permeating the state in a number of different areas and Seminole County was at the forefront of it. He noted great things were said by the FWC about Seminole County.
Chairman Horan stated he got an advocacy award for his work on the Finance Administration and Tax Committee. The board now has a new member; Commissioner Constantine succeeds Chairman Horan's seat on that board. Chairman Horan announced both he and Mr. Applegate are on respective committees for FACA and FAC on the Constitutional Revision Committee coming up, so they are well positioned to spread their influence.
Chairman Horan discussed the Central Florida Commission on Homelessness. Commissioner Carey stated when you have a complicated issue, it is important that more than one Commissioner serve on those committees to get educated on it because it is a very difficult issue. She reminded she is still serving on the Task Force. Chairman Horan noted each Board member has been involved in some way with this issue and all of the permutations that are covered by it. He explained that the County has adopted a certain plan, as have other counties, and they are now very ably represented by Mr. Hillenmeyer and their wonderful task force. In the past, it has been federal money centric, which centers the formulation of the distribution of funds throughout the region through the HSN project which executes the Continuum of Care. Chairman Horan thanked Mr. Applegate for counseling the Board through the process. The problem they are having now is they will soon have a governance report that will be submitted to the Board on August 5th that has been commissioned by the Central Florida Commission on Homelessness. Chairman Horan explained they will be discussing a blueprint for regional and individual execution of these particular plans through a framework and a structure that will serve in the future to address the problems in an efficient fashion.
Chairman Horan stated now they have local government involvement with local, private and independent funds; so where before they had six to eight million dollars of federal funds addressing this problem regionally and all of the red tape and requirements of federal money, now they have as much as double that or possibly as much as $30 million coming in the future through private and independent money, so they need a different governing structure. Commissioner Carey confirmed that Chairman Horan is on the executive committee. Chairman Horan stated there is wonderful cooperation from the other governmental partners in Orange and Osceola counties, and the cities of Sanford and Kissimmee as well. He noted it is a complex issue and they are trying not to focus so much on the process, but the problems and solutions.
Chairman Horan discussed the Sports Complex and noted receiving many great reports.
Chairman Horan stated they have approved the Trim Notice locally. He noted he will be distributing to the Commissioners a report that appeared in the Florida Trend magazine by Florida Tax Watch. It points out that although Florida is a low-tax state, Florida ranks high in transferring a lot of responsibilities to the local governments that are normally handled on the state level. He mentioned that Florida ranks in the top tier of states that flow certain responsibilities down to local governments.
Chairman Horan announced they are receiving an award from the School Board on Thursday at 11:00 a.m. at Hagerty High School.
Commissioner Dallari stated at the last MetroPlan meeting, they had the Transportation Improvement Plan (TIP) approval; and he was able to pull out the express lanes on the SR 417, which is north of Lake Jesup to I-4. It will come back because he was only able to do a continuance. He requested the County Attorney to review the state statute regarding this matter. Commissioner Dallari would like to take an affirmative vote at the next MetroPlan meeting regarding if they should approve it or not. He stated he wants to make sure everyone is aware of it because the Turnpike Authority has asked for the express lanes to be put on SR 417, north of Lake Jesup to I-4, even though the Governor put the southern half on hold. Commissioner Dallari explained they were told at one point by the board's attorney that once they put it on the TIP, they can't remove it; and at the last MetroPlan meeting he said they do not have any authority to not put it on the TIP plan.
Commissioner Carey stated it was the Turnpike Authority who decided to abandon their express lanes within an express lane. She thinks the Governor was encouraging them to rethink that because it was not a good plan and had no demand. Commissioner Carey explained they are under construction in the section of SR 528 from I-4 to the first toll plaza, which is Turnpike jurisdiction. As soon as you go through the toll plaza, you are on the Expressway Authority lane. She noted they are going to continue building them, so the pressure will continue to be there so they have to figure out how to get SR 417 back under the control of Seminole County.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of a letter dated June 21, 2016, from Noranne Downs, P.E., District 5, FDOT, to Senator David Simmons re: I-4 rest area in Seminole County.
2. Copy of a letter dated June 22, 2016, from Petrina Tuttle Herring, Bureau Chief, FDLE, to Chairman Horan re: 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Original sent to Community Services Department for processing.
3. Notice of Withdrawal received June 27, 2016, from the City of Lake Mary re: Planning & Zoning Board request for Conditional Use for Planet Obstacle, withdrawn by the applicant.
4. Letter dated July 6, 2016, from Donna Gardner, City Clerk, City of Casselberry, to Chairman Horan re: Annexation of properties 315 & 351 Concord Drive, Casselberry.
5. Letter from Taylor Teepell, Director, Division of Community Development, Florida Department of Economic Opportunity, to Chairman Horan re: completed review of the comprehensive plan amendments (Amendment No. 16-1ESR).
6. Note postmarked July, 8, 2016, from Orange County Mayor Teresa Jacobs to Commissioner Horan re: response to his condolence note regarding the Pulse tragedy.
7. Letter dated July 9, 2016, from Shirlene Stuckey to Chairman Horan re: Greyhound Protection Act.
8. Letter dated July 11, 2016, from Melanie Marsh to John Horan re: Greyhound Protection Act.
9. Letters dated July 21, 2016, from Chairman Horan to Shirlene Stuckey and Melanie Marsh respectively re: regulating greyhound protection.
ITEMS FOR FUTURE AGENDA
Amanda Gordon, 828 Lighthouse Cove, addressed the Board to let them know that she supports any measure that they can do in preventing the development east of the Econ and the Lake Pickett area.
Brian Wilson, 702 Heather Lane, stated he is present today as a volunteer with the Committee to Protect Greyhounds and to remind the Board of the responsibility they have had to hold a hearing on the Greyhound Protection Act. He explained his committee has gathered enough signatures by following all of the legal requirements, and the Supervisor of Elections did an amazing job at certifying the appropriate number of signatures and passing the notification on to the Board that his committee has met their legal requirements. He discussed the Home Rule Charter and warned that the “60 days after receiving the notification” is going to expire before the Board's next meeting. Mr. Wilson stated the Board has to hold a hearing because there is no option that says they can defer it. He asked for a hearing to have the opportunity to present the evidence and let the citizens' voices be heard.
Carla Wilson’s name was called and Brian Wilson stated she had to leave, but she is also in support of having a hearing for the Greyhound Protection Act.
Commissioner Carey asked Mr. Applegate to speak in regard to the hearing. Mr. Applegate reported the hearing is scheduled for August 19th in the circuit court. Opposing counsel and his office have agreed to a number of things including a one-hour hearing, competing motions for summary judgment saying there are no genuine issues and material fact, and that the judge will base his decision on the law. Mr. Applegate understands that the Board bases their decision based on his legal recommendation to them, and his job is to protect the County on the legal front; and it is his position that the State Division of Pari-mutuel Wagering has preempted the field. So if the County did adopt an ordinance, it is his legal position that it would be unenforceable and that it would expose the County to damages and attorney fees if they tried to prosecute under that ordinance.
Mr. Applegate stated that since the hearing is August 19th, he is anticipating that if the Court rules in favor of the other side, they would have to schedule a special meeting in a timely manner for the Board to consider adoption of an ordinance; and if they voted not to adopt the ordinance, then they could adopt a resolution instructing the Supervisor of Elections to place it on the ballet.
Commissioner Dallari asked if the opposing attorney is in agreement with the process. Mr. Applegate answered that he has not talked to him about the procedure, but they would have no choice. In fact, he has instructed his office if the Court ruled against the County, they would have the ad already prepared to go into the Sentinel so that they could have a special meeting in a timely manner. Commissioner Dallari noted he does not want to violate anybody’s rights or any process. Commissioner Carey stated the volunteers worked hard and did it in good faith. Chairman Horan reminded that the matter is in litigation right now. Commissioner Carey recalled that there were things that have come forward by petition of the electorate to get on the ballet that have passed, only to be found in violation of the Charter, so then it is removed; and she does not want to go through that process either. She stated they just got notice that the State has scheduled some hearings and asked Mr. Applegate if he had any information on that because she wants to make sure to get the information out to the people that are involved in the greyhound petitioning. Mr. Applegate replied he can provide that and believes it is August 3rd that they have scheduled a workshop in Tallahassee.
Commissioner Carey noted the State has scheduled a hearing to talk about their additional rules, and she thinks it is important for everyone who has been involved in this issue to make sure to send written comment so that it is taken into consideration as part of that. She questioned if they can post that on the County website or get the names of people who want the information. Mr. Applegate answered it is noticed, and Commissioner Constantine added it would have to be under the Florida Administrative Weekly. Chairman Horan noted it could easily be posted on the County website. Mr. Applegate stated he knows it was a difficult decision for the Board to follow the advice of Counsel and they will let the Court decide.
Michelle Renee Vaisey, 1396 White Oak Drive, addressed the Board to state that the State of Florida does not want to help with what is going on. She discussed how self-regulation does not work. She mentioned she has seen the Board care about what the citizens have to say and this is something the citizens really care about. She opined that letting the State take over what the Seminole County Charter says is not doing what the Board’s oath says.
Mary Stewart, 1375 Shady Knoll Court, addressed the Board to state she is a local attorney and has been a long-time Longwood resident. She explained how she became involved with a local rescue group after adopting a greyhound and was introduced to many people at the Sanford Orlando Kennel Club including the track managers, trainers and breeders. She has attended meetings where the track manager told everyone in attendance that if anything that was witnessed at the dog track was seen anywhere online, that they would not give the rescue groups any of the dogs and they would simply put them down. Ms. Stewart stated she has spoken to Tallahassee many times; and at the end of each legislative session, nothing happens. She discussed her and her husband’s dedication to the greyhound petition. She asked the Board to call a special hearing and take a vote on the issue.
Emily Bellairs, 430 Shady Woods Road, addressed the Board with her 8-year-old son. She asked the Board to honor the Articles of the Seminole County Home Rule Charter and hold a hearing to allow volunteers like her son and herself to present the importance of passing the Greyhound Protection Act. She discussed the Seminole County Home Rule Charter regarding a ballot initiative and detailed Article II, Section 2.2, Subsection H (1) through H (4), Initiatives. She stated that for six months she and her son have worked very hard for the Greyhound Protection Act ballot initiative to come to fruition.
Upon inquiry by Chairman Horan, Mr. Applegate replied the deadline for printing the ballot is September 6th. Chairman Horan asked when the deadline is to hold a hearing. Commissioner Carey noted it is 60 days from the time the petition was certified. Mr. Applegate stated his office provided him with the notice for state rulemaking, and the first workshop will be held on August 3rd. Chairman Horan reminded this item is in litigation and respectfully suggested that the Board waits for the court hearing. Commissioner Dallari noted he is only asking when the deadline is to set the hearing. Mr. Applegate stated it is 60 days from the submission, so if the Court rules against the County, he will have a procedure set up to allow the Board time to adopt the ordinance or direct by resolution to have the proposition placed on the ballot in time for the Supervisor of Elections to have it printed. Mr. Applegate noted the concern is for the advertising requirement for the ordinance, so he will be prepared to submit an advertisement to the Sentinel that would be timely to consider the ordinance prior to September 6th.
Commissioner Carey stated that when this issue came up the advice was to take it to the Court and let the Court decide because of the state law. Her question is whether the Charter allows the Board, regardless of what the Court does, to not hold a public hearing within the 60 days. Mr. Applegate explained there is a section of the Charter that states citizens do not have a right to propose a proposition on the ballot that impacts County administration and budget. There is a clear distinction under the right to petition as to what the petition can call for. Commissioner Constantine noted this is very sensitive, and he does not want to be on the wrong side of this. He mentioned that he does not want anyone to get the idea that any of the Board members are against protection of animals of any sort. Commissioner Constantine asked if it would harm them to hold a hearing regardless of whether or not they could enforce the ordinance. Chairman Horan asked if it is Commissioner Constantine’s proposal that the Board has a public hearing on the greyhound protection issue, and Commissioner Constantine replied yes.
Chairman Horan clarified that there are two grounds; one of the grounds that has nothing to do with the 60 days is that the people cannot, through petition, make the County spend money. So in order to implement this ordinance, staff is telling the Board they would have to hire additional staff, set up a regulatory structure, pass relating regulations, set up a licensing structure and so on, which would cost additional money. Chairman Horan stated he believes that regardless of the litigation, the Board has the ability at any time to have a public hearing on the issue of greyhound protection where people can voice their concerns. He noted there is no one on the Board who is happy about this particular issue not being well regulated by the State. Chairman Horan offered his constituents assistance with the state regulators.
Commissioner Carey stated she would like to have a public hearing. She would like to hear specifically from staff what the impact is since they are in the budget process right now. She does not think that having a public hearing and hearing all the testimony requires the Board to take action at that time. Chairman Horan confirmed it does not. Commissioner Carey noted they could hear what the Court has to say about the preemption issue, and they could schedule it for the first meeting in August so they have the opportunity to hear all sides. Commissioner Carey stated everything the Board does impacts the budget and they are the ones who get to decide where the budget dollars get spent; so if they decide that is where they want to spend their budget dollars, then the majority will direct the County Manager.
Commissioner Carey explained she does not know what she needs to ask the state elected officials. She opined that the State isn't doing what they are supposed to be doing to regulate an industry; therefore, local government has to do it. She stated she is happy to have the public hearing but she wants all the facts. Commissioner Carey noted she wants to be a part of creating the ballot language because the missing piece is always how much it is going to cost taxpayers and then people do not understand what happened in the process.
Mr. Applegate stated he has no problem if the Board decides to schedule a public hearing.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to schedule a public hearing for the August 9th BCC meeting.
Under discussion, Commissioner Carey wondered if the issue is that the agency that actually regulates has a law that says they are supposed to be doing something and they just aren’t, or is it that they just don’t have the depth of the requirements that they need, and does the Board need to have a representative at the August 3rd meeting. She noted that out of 67 counties, there are 12 pari-mutuel licenses. Commissioner Carey stated that if the date is before the hearing, then she wants to have it at the August 9th meeting; and if they have time to do it after the court hearing, then they can do it on August 23rd.
Chairman Horan stated he is in favor of the public hearing aspect because any time there is more transparency and more explanation about what you are doing, then people understand that there is separation of powers, checks and balances, different jurisdictions and different authority levels of Charters. Commissioner Carey asked staff to check if August 23rd would give ample time to provide advertising and be within the 60 days of the certification. Chairman Horan asked Ms. Guillet if she knew the date and she replied she could get it within a matter of minutes.
Lee Day, 3441 Hunt Lane, addressed the Board to state he came today to speak about the development east of the Econ, but he is probably the only one in the room who has actually worked for the Orlando Sanford Kennel Club. He worked there in 1997 and would like to take some of his time to tell the Board about that. He offered to give the Board any behind-the-scenes information of what the greyhound industry is like. Commissioner Carey requested him to do so at the public hearing. Mr. Day explained he had direct contact with the dogs. He informed the Board it is egregiously cruel, corrupt and an abomination.
Mr. Day then spoke in regard to Lake Pickett. He is a wildlife rehabilitation volunteer. He discussed the area and explained how it is encroaching the UCF area where investors outbid families and rent the homes to college students, and he hopes that doesn’t happen with the development. He asked the Board to do whatever they can to help thwart the development in any part they have control over.
Rebecca Eagan’s name was called and it was determined she was no longer present.
Katrina Shadix, 995 Oklahoma Street, addressed the Board to thank them for passing a Resolution opposing the bear hunt and commended them for passing one of the most strongly worded fracking ban ordinances in the state. She noted they were the first county in Florida to a pass bear-friendly trash ordinance, which makes her proud to be a Seminole County resident. She stated the majority of people in Orange and Seminole County are opposed to the development east of the Econ. Ms. Shadix is present today to support any steps the Board can take to thwart the development. She discussed Article 10, Section 28 of the Florida Constitution, otherwise known as the Water and Land Legacy Amendment. Ms. Shadix submitted a draft resolution to the Board regarding Amendment 1 (copy received and filed.) She added that today, Tallahassee is trying to pass worse measures and this resolution will help not only the bears but other issues that are going on with the environment.
Commissioner Dallari informed Ms. Shadix the Board has taken very aggressive action by speaking to Tallahassee, the DEO, in reference to their objections to what Orange County did with Lake Pickett North. He encouraged her, and anyone else, to express their concerns to the proper authorities. Commissioner Carey clarified it is the Department of Economic Opportunity who actually will be taking comment, and public comment will be important.
Ms. Shadix noted she is on the board of Speak Up Wekiva with Chuck O’Neil and also on the board of the Foundation for Florida Environmental Protection whose chair is Eric Rollings, and he is the Orange County Soil and Water Commission chairman and they would like to offer help to non-profit organizations or citizens in opposing what Orange County is doing. Commissioner Dallari reminded her to express her concerns with Tallahassee.
Shirlene Stuckey, 1892 Iroquois Drive, addressed the Board to state she supports the Board in any measures they can take to prevent the development east of the Econ. She also supports bringing the Amendment 1 Resolution to the agenda. She explained that the people voted for Amendment 1, that money is sitting there, and they want it used to buy up land to provide sanctuaries.
Ms. Stuckey then discussed the greyhounds and how it will affect the Board's budget. She stated it will cost the Board money but they will also make money from the licensing. She is asking the Board to make them license the dogs and publicly report. She opined that the State is doing nothing and the people are ignored at every turn.
Commissioner Carey stated that years ago the County's voters voted for the natural lands tax, and they taxed themselves to purchase 6,100 acres of natural lands.
James Peterson’s name was called and it was determined he was no longer present.
Speaker Request Forms were received and filed.
Chairman Horan mentioned the Sales Tax Work Session that was scheduled for after this meeting and asked if there was consensus of the Board to reschedule it. No objections were voiced.
In regard to the 60 days for the Greyhound Protection hearing, Mr. Applegate stated you can make the argument that August 23rd is very close. It is two days after the deadline. Chairman Horan added the letter is dated June 22nd. Commissioner Carey pointed out it is 60 days from the time the Board received the letter. Ms. Guillet noted she believes they received it by email. Chairman Horan suggested looking at the dates of August 15th or 16th. Commissioner Carey asked to schedule it for the next Board meeting, August 9th, in the afternoon as a public hearing and dedicate enough time. Commissioner Carey noted she does not even know what the State requires and regulates and she wants to know all of that before she puts more rules on the books and opens the County up to a commitment they may not be able to accomplish. She wants the public hearing to gather all the information.
Mr. Applegate confirmed they could notice the meeting for August 9th. Commissioner Dallari asked if there is enough time to allot that much time for the public hearing because it is a busy meeting on August 9th. Ms. Guillet stated from a staff standpoint, they can get all of the information to the Board that they are capable of. She added that if they want somebody from the State to be present, she cannot promise to do that but will try to get that arranged. Ms. Guillet explained she can get the Board the information that they want about what it would cost the County and the impacts it may have on county government. She can provide information in concert with the County Attorney's Office as to what the regulations are currently.
Commissioner Carey stated she understands the Charter says they don't have to do something that impacts the budget but she asked if it also says that they would have a hearing, with the certified petition, within 60 days. She also questioned if they are in violation of the Charter if they go 62 days. Commissioner Carey opined the optimal thing would be to have the Court rule, have the hearing after the fact and make a decision that day because if they have the public hearing on August 9th, they are going to gather the information, wait to hear what the Court has to say, and then talk about it again without public comment. Commissioner Carey inquired if they could ask the Court to hear it sooner; Mr. Applegate stated it was tough getting the time because it is an emergency court hearing. Commissioner Dallari questioned whether they are in violation of the Charter. Ms. Guillet clarified it is 60 days from when it is certified, and Mike Ertel sent the notice by email on June 22nd. Mr. Applegate suggested they hold the public hearing before August 23rd. He noted because of the Court challenge, any date they hold a hearing is going to be acceptable. He stated if they are going to schedule a public hearing prior to the Court ruling, then he suggests they adhere to the 60-day requirement because they don't want to give anybody who is opposed to the ordinance an argument that the County didn't comply with the Charter. Chairman Horan suggested they have the public hearing on August 9th or some date before the 23rd. Commissioner Constantine reminded there is a motion in front of the Board. He stated that he thinks the citizens are asking to be able to express their feelings, and he thinks the greatest tragedy would be that the citizens passionately went out to bring forth this issue and that they didn’t have a forum to be listened to.
Chairman Horan stated it is obvious to him that that is the frustration as well. He would like to have a public hearing regardless of the merits and demerits of the litigation and which way the Court rules because everything he has learned about greyhound protection and the operations of the track, he has learned in the last month or so.
Commissioner Constantine stated the first step is to get the education and knowledge, and the time of the Board and the time of the staff is the only thing that is costing them right now.
Commissioner Dallari requested Commissioner Carey to restate her motion.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to schedule a public hearing for the August 9th BCC meeting to have the public testimony and presentations of the fact and withhold action until after the court case, and then agendize it for the August 23rd meeting, at which time they would take action.
Chairman Horan offered a friendly amendment to take out the August 23rd part, that they have a public hearing on August 9th to review the global issue of greyhound protection in this county without any prejudice that they are maintaining in the lawsuit.
Commissioner Carey accepted the friendly amendment as well as the seconder.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Constantine pointed out the County Manager may have some information after that motion. Ms. Guillet stated she believed Commissioner Carey’s scenario is to take public testimony on the 9th and then not vote on the resolution and postpone it to a later date to vote on it. Commissioner Carey responded that she would like to be within the 60 days so they have the public testimony as well as the presentation of the facts from staff and the State, and then continue it until they hear the results of the lawsuit because the worst thing that happens is they put something on the ballot and the people think they voted to do something and then the State says they can’t do it.
Ms. Guillet stated her question to the County Attorney is she believes the Charter says they have to have a public hearing and vote on it within 60 days. Mr. Applegate explained under the circumstances, if the Board continues the hearing, it will be fine. Chairman Horan stated the Court can take care of that in fashioning the remedy at the August 19th hearing. Commissioner Constantine suggested since they are not going to have an ordinance in front of them and taking public testimony on all sides is more informational than it is anything else, they can form an ordinance if and when they find out whether they can or not. Mr. Applegate stated they are going to advertise the petition that was submitted. Commissioner Carey questioned the 75 words in regard to ballot language. Mr. Applegate explained that is a whole different area because if the Court rules that they have to put it on the ballot, his office has to draft the ballot summary. Commissioner Carey reminded that she wants to make sure that all the facts are there.
Commissioner Carey submitted her ex parte communication into the record.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:25 p.m., this same date.