BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
SEPTEMBER 27, 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, September 27, 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 Kyla Spencer
Pastor Bill Lewis, New Bethel M.B. Church, Sanford, gave the Invocation and Commissioner Dallari led the Pledge of
The Business Spotlight video for International Diamond
Center was presented.
Chairman Horan recessed the meeting of the Board of County Commissioners at 9:48 a.m., and convened as the U.S. Hwy 17-92
Community Redevelopment Agency.
DATE COMPLETED: 10/13/16
DATE APPROVED: 10/25/16
Sonia Fonseca, CRA Program Manager, addressed the Board to present a request to adopt a Resolution establishing the U.S. 17-92 Community Redevelopment Agency (CRA) budget for Fiscal Year 2016/17.
Commissioner Carey stated Agenda Item #3 contemplated an affordable housing project with an award of $197,000. And while that item has been withdrawn, Commissioner Carey explained she would like to see the Board allocate $200,000 for an affordable housing project or some percentage of a project that would have affordable housing contained within it because the County needs to encourage people to develop affordable housing in the community.
Chairman Horan asked if Agenda Item #3 was budgeted in any way. Ms. Fonseca answered that they had budgeted funding for catalyst sites, but they had not budgeted for affordable homes. Chairman Horan clarified with Ms. Fonseca that consequently, the budget that would have been available within a catalyst category would have been utilized had the Board approved Agenda Item #3. Chairman Horan asked if it is necessary that the Board specifically earmark the $200,000. Commissioner Carey responded that she thinks the Board has given the direction that all of the funds, other than the catalyst projects, be spent on stormwater and other things like that. She discussed why she thinks it is very difficult for affordable housing developers to locate a site. She stated she would like to earmark funds for affordable housing because it would encourage people to move forward and try to partner with the County to bring affordable housing to the community. Commissioner Carey pointed out that Valmarie Turner, Community Services Director, has an RFP out to try to find affordable housing developers.
If the Board would like to see some affordable housing development in the corridor, Ms. Guillet stated her recommendation would be for the Board to designate some money specifically for affordable housing. She explained that about a year ago the Board made a policy decision that they wanted to focus private grant funding on catalyst projects, and they came up with a definition of what a catalyst project is. She added that if the Board set aside money specifically for affordable housing projects, it would send the message to applicants and to staff that this is one of the items that would be a priority of the CRA and it would be something that would be eligible for funding even if it didn't specifically fit into the catalyst project definition. Ms. Guillet reiterated that her recommendation to the Board is to allocate some money
specifically for that.
Commissioner Dallari stated he has no issues with
earmarking that type of funding for affordable housing, but he would like to have proper definition of what affordable housing is and where it would fit in the corridor. Commissioner Carey responded her intent would be anywhere along the CRA corridor where they could find an appropriate site.
Commissioner Constantine stated he has no problem with identifying an affordable housing project, categorizing it as a catalyst project, and putting money into that project; but he does have concern as far as how they will do this from a budget perspective. He believes the direction is there for the County Manager, but it might be prudent if they bring back some language and definition before the Board puts it into the budget at $200,000 for strictly affordable housing. Ms. Guillet stated if the Board wants to put it in the budget and not have to do a budget amendment, they need to do it today because it will have to be incorporated into the overall County budget that they are having their final hearing on tonight. She explained that they can put it in the budget with the understanding that they will bring back a definition and some criteria for the Board to accept and approve prior to awarding any of that money.
Commissioner Constantine stated there are other ways and methods to get money, such as through Florida Housing Corporation and Front Porch Florida, and he wants to make sure that this is not in conflict or would potentially prohibit people from getting money through one of those mechanisms if they are getting money through the CRA.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-146
establishing the U.S. 17-92 Community Redevelopment Agency (CRA) budget for Fiscal Year 2016/17 with the amendment of $200,000 for affordable housing with the definition to be crafted and returned for Board approval.
Districts 1, 2, 3, 4 and 5 voted AYE.
Pulled from the Agenda request to consider approval of the Redevelopment and Construction Grant for construction of 16 new affordable senior housing units by Equity Development, LLC in the amount of $197,000.
Chairman Horan adjourned the meeting of the U.S. 17-92 Community Redevelopment Agency at 9:57 a.m., and reconvened the meeting of the Board of County Commissioners.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring September 29, 2016, as World Heart Day.
Districts 1, 2, 3, 4 and 5 voted AYE.
Mark Oakes, Fire Chief of the Seminole County Fire Department, addressed the Board to present a brief update on Save a Life Seminole and AED training. He introduced Theresa Krebs who demonstrated hands-only CPR.
Commissioner Carey opined the County should do a refresher course on AED training because there are a lot of new employees, and Ms. Guillet informed her they recently did a series of training and required representatives from all of the County departments to be present. Commissioner Carey confirmed the
County has AED machines in all of their parks.
Bryan Wilson, 702 Heather Lane, addressed the Board to thank them for considering applying for the Florida Fish and Wildlife Conservation Commission (FWC) grant money. He discussed the grant opportunity and how proactive Seminole County has been in regards to protecting the bears. He pointed out that many of the new housing developments in the community will abut to areas where there are bears, and he wants to make sure that those communities have and/or require bear-proof trash cans. He added that the only way to keep bears out of communities is to keep attractants away from them. Mr. Wilson asked the Board to make sure the County also applies for the non-lethal means of bear-human conflict resolution, which is available from various animal protection organizations and environmental protection organizations, and he discussed a few ways to protect the community that don’t involve getting a bear in the sight of a hunter.
Commissioner Constantine stated one of the biggest problems in people getting bear-resistant containers is the cost, not just of the can but of the haulers picking up the garbage in addition to what they are already paying. He mentioned he hopes that next year they will be able to eradicate the $60 cost of hauling and make it one cost for everything. Mr. Wilson stated bear-proof trash cans will ensure that Seminole County remains the “natural choice.”
Edie Gaythwaite, 133 Alder Avenue, addressed the Board to commend the County for being the first bear-wise county in the state. She discussed how the grant is written, and stated she disagrees with it. She explained that since the bear-proof trash cans are mandated by all citizens of Seminole County in the area designed, the compensation should be equitable. She noted she would be interested in knowing what qualifies as low income and second-tier income and questioned how businesses would play a role, especially in Item #10.
Chairman Horan clarified that Item #10 is the renewal of a non-exclusive franchise to a hauler merely for commercial use. The issues that are being identified today are issues that will be treated with residential haulers who have exclusive franchises in the County, and that will be coming up next year.
County Manger, Nicole Guillet, reviewed the Bear Management Ordinance for the benefit of the public. Commissioner Carey clarified that the $100 rebate is a recommendation of staff, and that is if a subdivision wants it to become mandatory for the entire subdivision to have bear-proof cans. She used Wingfield North as an example of a subdivision who took advantage of the $40 rebate. Ms. Guillet stated the intent of offering a greater incentive for an HOA is to encourage HOAs to adopt that standard within their own governing covenants.
Commissioner Constantine explained if every house in a neighborhood has bear-proof cans except one, the bears will continue to come. He stated he thinks that giving HOAs $100 per unit is a good thing and is encouraging. He noted he understands Ms. Gaythwaite may be concerned with who has what money, but the fact is, it is most important that everyone in the area gets a bear-proof can.
Dan Kon, 215 Albrighton Court, addressed the Board to state having a bear-proof trash can is like having a driver’s license, you have to have one. He reviewed a packet that was put together by Imagine Our Florida, Inc., a non-profit
organization, that included information on protecting Florida, photos, and maps (copy received and filed.) He stated the key is the standard of protecting the residents’ health, safety and welfare.
Katrina Shadix, 995 Oklahoma Street, addressed the Board to state she hopes the Board approves the submittal of the application to FWC and the County gets as much money as it can for the program. She discussed her trip to the FWC Commission meeting where she stated there is not a bear problem, there is a people problem. She added that people are destroying the environment and wildlife from multiple angles and the bears are taking the hardest hit. Ms. Shadix stated she represents a large group of people who are volunteering their time and energy to combat the destruction and working with the FWC on their Be Bear Aware Neighborhood Canvasing Outreach program. She explained that in two weeks they are going to go to different financially stressed neighborhoods to attach latches to garbage cans for those who cannot afford bear-proof cans. She discussed an upcoming bear forum panel in Gainsville and what they intend to accomplish.
Ms. Shadix reviewed a recent ride-along she did with an FWC biologist and noted a caller who demanded a bear be trapped and killed for going through her trash while there were several bear attractants on the property. She asked the Board to please submit the application and added that the group of people that she represents (Speak Up Wekiva and The Foundation for Florida Environmental Protection) would love to help the County in any way possible including going into the community to install retrofit latches. Commissioner Carey and Commissioner Constantine thanked Ms. Shadix for all the hard work she has been doing.
Speaker Request Forms were received and filed.
Written Comment Form from Arlen Charters was received and filed.
With regard to Public Participation, no one else in the audience spoke to the consent agenda and public input was closed.
Nicole Guillet, County Manager, stated there is an add-on Item #3A, revision to the Administrative Code; and staff is requesting Item #22, also a revision to the Administrative Code, be pulled and brought back to the Board at a later date. Commissioner Henley stated he will be filing a Voting Conflict Form for Item #15, a Resolution endorsing conceptual approval of the proposed Jetta Point/Rolling Hills Land Exchange Application. Commissioner Carey requested Item #11, application to FWC through Bear-Wise Cost Share Funding Opportunity, be pulled for a separate discussion.
Motion by Commissioner Constantine, seconded by
Commissioner Carey, to authorize and approve the following:
County Manager’s Office
3A. Adopt and execute appropriate Resolution #2016-R-147 amending Section 1.5 of the Seminole County Administrative Code renaming the Economic & Community Development Services Department to the Development
Services Department and renaming the Public Safety
Department to the Fire Department. (A-2737-16)
4. Approve and authorize the Chairman to execute the First Amendment to the Aspire Health Partners Homelessness Outreach Partnership Effort Agreement in the amount of $80,000 to provide outreach, engagement and assessment services for Seminole County’s homeless population; and execute appropriate Resolution #2016R-148 implementing Budget Amendment Request (BAR) #16-
096 through the General Fund to establish the funding. (A-2684-16)
5. Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government. (A-2678-16)
6. Approve the plat for the Oviedo Point subdivision, and the associated Canal Access Easement document, containing two (2) lots on 16.75 acres zoned M-1 (Industrial), located on the south side of Mitchell Hammock Road, approximately 350 feet east of SR 426; Ryan Stahl, Applicant. (A-2664-16)
7. Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Case #15-56-CEB on the property located at 303 Magnolia Street, Altamonte Springs, Tax Parcel #12-21-29-5BD-1100-0430; Jeanette G. Neal Heirs, Owners; Live Well Financial, Inc.,
8. Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Case #15-57-CEB on the property located at 303 Magnolia Street, Altamonte Springs, Tax Parcel #12-21-29-5BD-1100-0430; Jeanette G. Neal Heirs, Owners; Live Well Financial, Inc., Applicant. (A-2577-16)
9. Approve the plat for the Hidden Creek Phase 2 subdivision containing five (5) lots on 6.25 acres zoned A-1 (Agriculture) and R-1AAA (Single-family dwelling), located on the east side of Hester Avenue, approximately 1,000 feet south of Ronald Reagan Boulevard. (A-2537-16)
10. Approve the Renewal of the Non-Exclusive Franchise Agreement for commercial solid waste collection service with WCA of Florida, LLC, from October 1, 2016, to September 30, 2017. (A-2675-16)
11. Commissioner Carey requested the item be pulled for a separate discussion.
12. Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Keller Outdoor Environmental Services, LLC, effective from October 1, 2016, through September 30, 2017. (A2651-16)
13. Approve the renewal of the Non-Exclusive Franchise Agreement for commercial solid waste collection service with Container Rental Company, Inc. from October 1, 2016, to September 30, 2017. (A-2642-16)
14. Approve the semi-annual fuel index adjustments (CPI-F) for residential solid waste collection services, as set forth in Section 13(e) of the Residential Franchise Agreements, with new rates to become effective on October 1, 2016. (A-2540-16)
15. Commissioner Henley requested the item be pulled for a separate vote due to a voting conflict.
16. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-150, and the Joint Participation Agreement (JPA) between Seminole County and the Florida Department of Transportation (FDOT) in the amount of $247,000 for a project described as "Rebuilding the Traffic Signals at the Intersection of SR 46 and Rinehart Road, and SR 46 and Town Center Boulevard, with Painted Mast Arm Structures." (A2632-16)
17. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-151 implementing Budget Amendment Request (BAR) #16-091 through the Neighborhood Stabilization Program Fund in the amount
of $165,202 for appropriation of program income and 2nd mortgage provided/forgiven. (A-2654-16)
18. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-152 implementing Budget Amendment Request (BAR) #16-094 through the 2014 Infrastructure Sales Tax Fund to reduce funding in the amount of $4,828,312 for the SR 426/CR 419 Widening Project Phase 2. (A-2686-16)
19. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-153 implementing Budget Amendment Request (BAR) #16-095 through the Transportation Trust Fund to remove funding in the amount of $381,584 for the Grace Lake Sinkhole
20. Award IFB-602645-16/GCM, Term Contract for ozone treatment equipment system check and maintenance, to Mitsubishi Electric Power Products, Inc.,
Pennsylvania; and authorize the Purchasing & Contracts Division to execute the agreement. The estimated annual usage for the project is $120,000. (A-2679-16)
21. Award RFP-602604-16/BJC, Agenda Management System, to Inobbar, LLC, d/b/a Novusolutions, Tampa; authorize staff to negotiate the agreement in the amount of notto-exceed $65,000 for Year One and $11,950 for Years Two through Five for maintenance, upgrades and support; and authorize the Purchasing & Contracts Division to execute the documents. (A-2665-16)
22. Pulled from the Agenda request to adopt a Resolution to update and provide changes to Section 3.55, Purchasing Policies, of the Seminole County
Administrative Code. (A-2441-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey opined that the County is being
aggressive in their application for the bear-wise funding, but she doesn’t think they will get as much money as they hope to. She pointed out that in the County’s write-up, there were some recommendations, four options that are different than what is in the actual grant. She stated she supports what is in the grant, but she wants more detail on the expansion of the low-income program. She explained that they will approve the application and sometime between now and when the money comes in, the Board needs to actually see the detail. Commissioner Carey emphasized that staff should not think that the Board is accepting this plan “as is.”
Chairman Horan confirmed that the County has a deadline for the application. Ms. Guillet stated staff kept the application a little more vague than some of the suggestions they discussed with the Board, not knowing how much money the County would get. She added that if they get a considerable grant, they have more options. She explained that when the issue first came up in the Legislature, it was only supposed to apply to local governments who adopted bear ordinances; but they have now opened it to communities without bear ordinances and also HOAs. Ms. Guillet stated how they fashion the details of the program will be somewhat dependent on how much funding the County receives.
Commissioner Dallari opined that in looking at the
different options, he likes the idea of giving HOAs more money; but his concern is what happens to communities that don’t have HOAs. He stated staff needs to look at that because if there is a large area of people that are not in an association, they shouldn’t be penalized. He explained that if there is a large community that wants to come together, they should be treated like an HOA. Chairman Horan stated he lives in a neighborhood that has a voluntary association and he hopes a neighborhood like that could apply. Commissioner Constantine agreed and reiterated that the real deterrent is paying an additional $60 a year for hauling after you have already paid for the bear-proof can. He then discussed homeowners applying grant funds to the $60. Ms. Guillet explained that the FWC has directed the County that the grant is to be used for the purchase or lease of trash cans, period. Commissioner Carey stated that in the case of the HOAs that made it mandatory, they also covered the $60 cost of the hauling; so the association fees are absorbing that in some areas.
Commissioner Constantine suggested that instead of the $40 per can, they could look at $60 per can. That way it is saying yes, you are getting $60 to purchase a can but it is
compensating for the $60 that would have to be paid for hauling. Ms. Guillet responded that her suggestion on that would be to submit the grant application with a range of $40 to $60 dependent upon how much funding the County receives. Commissioner Constantine discussed the possibility of adding into the Ordinance that a realtor for a resale home could apply for the bear-proof can. Chairman Horan asked if the Board was in agreement with the range of the dollar amount when they get the grant. No objections were voiced.
Commissioner Carey state the Board’s changes probably need to be in the grant application because the last thing they want is to send the application one way and then change things. Meloney Lung, Assistant County Manger, stated they will make the changes before they submit. Ms. Guillet stated they will clarify it can be HOAs or neighborhood groups on the
application. Commissioner Carey confirmed with Ms. Guillet that staff will come back to the Board with details relating to what qualifies as a neighborhood group.
Ms. Lung stated one of the challenges with low-income is they only had three people apply, so they may have had that amount too low. Commissioner Carey stated the Board also needs detail on what the low-income qualifications will look like. Ms. Guillet noted the Board has authorized some money through the County to pay the $60 hauling fee for low-income.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve submittal of an application to the Florida Fish and Wildlife Conservation Commission, through the FY 2016/17 Bear-Wise Cost Share Funding Opportunity requesting up to $825,000 (with the changes made from the dais); and authorize the County Manager to execute any documents associated with the grant application. Chairman Horan clarified the application will include a range of $40 to $60 and include HOAs and non-HOA neighborhood groups.
Commissioner Carey stated when the RFP goes out for the garbage haulers next year, one of the things they are looking at is that would become something that would go right into the tax bill just like it does for everyone else now. Johnny Edwards, Environmental Services, stated staff will discuss that with MSBU to put that extra fee in the non-ad valorem assessment. Commissioner Carey mentioned she has heard from communities that they don’t mind paying the extra $60 or buying the garbage can, they just don’t want to have to do it as a separate thing. Ms. Guillet explained that is something that could be done outside of the RFP process and they can just work directly with MSBU on that.
Commissioner Constantine stated the technology is changing with these cans; they are becoming easier each day. One of the things that he would really like to look at in the RFP is what the costs are. As a one size fits all, everybody pays the same amount. He noted he would like to see what that number comes to because he believes that there is a real opportunity that they would not need to have a surcharge or as much of a surcharge if the Board did it that way. He stated they have four different plans, so maybe that is another thing the Board can look at is how many plans the County has because that might potentially reduce the costs also.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve appropriate Resolution #2016-R-149 endorsing conceptual approval of the proposed Jetta Point/Rolling Hills Land Exchange application to the Florida Communities Trust for exchange of the grant obligations from the Jetta Point property to the proposed Rolling Hills property in accordance with Rule
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Henley abstained from voting and filed a
Memorandum of Voting Conflict Form (received and filed).
Motion by Commissioner Carey, seconded by Commissioner
Dallari, to authorize and approve the following:
23. Approve Expenditure Approval Lists dated August 29 and September 6, 2016; Payroll Approval Lists dated August 25 and September 8, 2016; and the BCC Official Minutes dated August 9, 2016. (A-2690-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following
Clerk’s “Received and Filed”:
1. “The Senator” Artwork Gift Agreement with the City of Lake Mary, as approved by the BCC on June 14, 2016.
2. “The Senator” Artwork Gift Agreements (2) with the City of Sanford, as approved by the BCC on June 14, 2016.
3. First Amendment to the Cost Share Agreement with St. Johns River Water Management District for the Toilet Rebate Program for Residential/Commercial Water Customers for a six-month contract extension.
4. First Amendment to Seminole County/Leadership Seminole, Inc. Grant Agreement, as approved by the BCC on May 10, 2016.
5. 2016 Patriots Challenge Tourist Tax Funding Agreement with Nations Baseball of Greater Orlando, Inc.
6. Conditional Utility Agreement for Water, Wastewater or Reclaimed Water Services with 17-92 Five Points, LLC for the project known as Reagan Center.
7. Bill of Sale accepting the water system within the project known as La Amistad Addition, Paqco, Inc.
8. Pet Rescue Cooperative Service Agreement with Rat Terrier Res Q, Inc.
9. Parks Contract for Services with Valorie Mullins and Veronica Shaw.
10. Florida Public Service Commission Memorandum Filed 8/31/16, Docket No. 150269-WS, Utilities, Inc. of Florida.
11. Florida Public Service Commission Conference Agenda for September 13, 2016.
12. Florida Public Service Commission Order #PSC-160363-TRF-EI, Duke Energy Florida, LLC, Docket #160126-EI, issued August 29, 2016.
13. Florida Public Service Commission Order #PSC-160362-TRF-EI, Duke Energy Florida, LLC, Docket #160128-EI, issued August 29, 2016.
14. Approval Development Order #16-30000065, 1656 Peruvian Lane, Carol & Brian DiCarlo.
15. Developer’s Commitment Agreement #16-20500028, Riverside Oaks PD.
16. Work Order #1 to PS-0201-15 with Environmental Research & Design, Inc.
17. Work Order #11 to CC-0559-15 with Prime
Construction Group, Inc.
18. CC-0704-16, Notice to Proceed to Masci General Contractor, Inc.
19. Work Order #52 to PS-8047-12 with Professional Service Industries, Inc.
20. Amendment #3 to Work Order #11 to PS-8148-12 with CDM Smith, Inc.
21. Work Order #62 to PS-8148-12 with CDM Smith, Inc.
22. Work Order #63 to PS-8148-12 with CDM Smith, Inc.
23. Closeout to CC-9650-14 with Eclipse Construction.
24. Closeout to CC-9859-14 with Gibbs & Register.
25. Fourth Amendment to IFB-601000-10 with Compass Group USA, Inc. d/b/a Canteen Vending Services.
26. Third Amendment to RFP-601035-10 with Compass Group USA, Inc. d/b/a Canteen Vending Services.
27. Memorandum dated 9/2/16 to Nils Humberg Enterprises, LLC regarding a one-year contract extension under IFB-601527-12.
28. First Amendment to RFP-602242-15 with Clarke Environmental Mosquito Management, Inc.
29. First Amendment to IFB-602367-15 with Ten-8 Fire Equipment, Inc.
30. Termination of RFQ-602545-12 with Another Chance Counseling Center.
31. Termination of RFQ-602545-12 with T.B.C. Productions d/b/a Breakthrough Counseling Services.
32. Termination of RFQ-602545-12 with Clements & Associates, Inc.
33. BID-602643-16 from K&K Electric, Inc.
Motion by Commissioner Dallari, seconded by Commissioner
Henley, to authorize and approve the following:
24. Approve the expenditure of $2,640 from the Law Enforcement Trust Fund to provide funding to Chance 2 Dance, Inc. (A-2701-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
Pamela Lynch, Economic Development, addressed the Board to present a request to approve Veritas Technologies, LLC, as a Qualified Target Industry Business (QTI) and approve the County’s required Local Financial Support of $90,000 over Fiscal Years 2018/19 to 2021/22, as local participation in the QTI tax refund program.
Ms. Lynch stated the Veritas team is present today including Michelle Billhartz and Gary LaMonte, Veritas Technologies, LLC; Betty McIntosh and Matthew McKeever, Kushman and Wakefiled; Tom Tomerlin, City of Lake Mary; and Tracy Turk, Orlando Economic Development Commission. She then reviewed the request as outlined in the Agenda Memorandum.
Michelle Billhartz, 3311 South Atlantic Avenue, addressed the Board to thank them for their consideration. She noted the company has had a lot of success in the last 26 years in the Lake Mary area and they are looking to continue to grow.
With regard to public participation, no one in the audience spoke in support or in opposition to Agenda Item #25 and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve appropriate Resolution #2016-R-154 recommending that Veritas Technologies, LLC, be approved as a Qualified Target Industry Business (QTI); and approve the County’s required Local Financial Support of $90,000 over Fiscal Years 2018/19 to 2021/22, as local participation in the QTI tax refund program.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the Informational Budget Transfer Status Report for FY 2015-16 (May – August 2016).
The Board recessed the meeting at 10:49 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court Maryanne Morse who was absent, and Deputy Clerk Kyla Spencer who was replaced by Deputy Clerk
Terri Porter, who were present at the Opening Session.
Motion by Commissioner Constantine, seconded by
Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
DONNIE MYERS PD AND LAKE MONROE CENTER PD
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 three-lot, mixeduse subdivision on approximately 15.69 acres, located on the southwest corner of Orange Boulevard and Monroe Road, Bryan Potts, Applicant, received and filed.
Brian Walker, Planning & Development Division, presented Item #27 as outlined in the Agenda Memorandum. He noted the Applicant is requesting a rezone in order to combine the existing Donnie Myers PD and the Lake Monroe Center PD to create the Sanford I-4 Planned Development and develop the subject property as a three-lot, mixed-use subdivision. He reviewed the permitted uses of the Donnie Myers PD and the Lake Monroe Center PD. He discussed land designation, the consistency with the Land Development Code and the Comprehensive Plan. Mr. Walker advised that staff recommends approval of the Rezone, the associated Development Order and Master Development Plan.
Steve Coover, Hutchinson, Mamele & Coover, addressed the Board on behalf of the Applicant stating they agree with staff’s recommendations and he is present to answer any questions the Board may have.
Commissioner Carey commented that the permitted uses are very similar to what they are in the other two PDs, and confirmed with Mr. Walker that the 13 items that are now allowed without special exception are the same.
James Peterson, 102 Foxridge Run, addressed the Board to suggest since this is a commercial property that they also allow a marijuana dispensary as one of the businesses.
With regard to public participation, no one else in the audience spoke in support or in opposition to Item #27, and public input was closed.
Speaker Request Form was received and filed.
Motion by Commissioner Carey, seconded by Commissioner Henley, to approve Ordinance #2016-30 enacting a Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Development Order and Master Development Plan for 15.69 acres, located on the southwest corner of Orange Boulevard and Monroe Road, as described in the proof of publication; Bryan
Districts 1, 2, 3, 4 and 5 voted AYE.
CHATEAUX AT MARKHAM SSLUA AND REZONE/Jean Abi-Aoun, P.E.
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a ten-lot, singlefamily residential subdivision on approximately 6.7 acres, located on the northwest corner of Markham Road and Orange Boulevard, Jean Abi-Aoun, P.E., Applicant, received and filed.
Brian Walker, Planning & Development Division, stated the Applicant is seeking a rezone to develop the subject property as a single-family residential subdivision. He discussed the land use designation and advised the property is located in the Wekiva River Protection Area and the East Lake Sylvan Transitional Area. The Public School Capacity Determination and consistency with the Land Development Code and the Comprehensive Plan were also covered. Mr. Walker stated that staff recommends approval of the request.
Commissioner Carey noted that this property is in the urban bear management area and will be required to provide bear-proof garbage cans as it develops.
Jean Abi-Aoun, with Florida Engineering Group on behalf of the Applicant, stated he concurs with staff’s recommendation and is present to answer any questions.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #28, and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Ordinance #2016-31 enacting a Small Scale
Future Land Use Map Amendment from Suburban Estates to Planned Development, and approve Ordinance #2016-32 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a tenlot, single-family residential subdivision on approximately 6.7 acres, located on the northwest corner of Markham Road and Orange Boulevard, as described in the proof of publication; Jean
Abi-Aoun, P.E., Applicant; Development Order. Districts 1, 2, 3, 4 and 5 voted AYE.
Proof of publication calling for a public hearing to consider adoption of an Ordinance amending Seminole County Code, Chapter 270, Water and Sewer, creating Part 12, Proper Use of Fertilizers, to maintain compliance with all Applicable Total Maximum Daily Loads (TMDLs), Basin Management Action Plans (BMAPs), and the NPDES Permit, received and filed.
Kim Ornberg, Watershed Division Manager, Public Works Department, addressed the Board to present the proposed fertilizer ordinance. She stated that nitrogen and phosphorous found in fertilizers have been identified as significant contributors to surface water and ground water pollution. The proposed fertilizer ordinance will regulate fertilizers containing nitrogen and phosphorous and provide specific management guidelines for application in order to minimize negative impacts to natural water bodies. She advised that staff has worked with a broad range of stakeholders as well as their city counterparts over the past four years to develop an ordinance that is both protective and based on good science, without being too complicated and difficult to understand and implement. She stated that education has always been a primary goal as with the rest of their programs within the Watershed Management Division. Besides wanting to protect their natural resources, the County is required to adopt a fertilizer ordinance in order to meet the County’s state and federal NPDES (National Pollutant Discharge Elimination System) permit requirements. Its adoption also provides nutrient reduction credits for the County’s many impaired water bodies identified by the Department of Environmental Protection’s TMDL (Total Maximum Daily Load) Program.
Ms. Ornberg advised they have received quite a bit of feedback from the local stakeholders, which was mostly positive, in response to the proposed ordinance. Based upon this feedback, staff is recommending that the Board take public comment and then give staff direction on how to move forward.
Ms. Ornberg submitted the following items into the record:
The Florida Yards & Neighborhoods Handbook; and the DEP’s TMDL Reports for the Wekiva River and Rock Springs Run, Lake Jesup, the Little Wekiva Canal, Spring Lake and the lakes in the Wekiva Study Area, and the Middle St. Johns River between Lake Monroe and Lake Harney (received and filed).
Ex Parte Communications were submitted into the record (received and filed).
Pam Meharg, 637 Sabal Lake Drive, addressed the Board on behalf of the Audubon Society and stated she is also a member of the Wekiva Coalition. She advised that more than 80
municipalities have implemented ordinances to reduce the damage done by excess nutrients entering the waterways. She discussed algae blooms that have recently occurred in the region and the economic loss they cause. She said the DEP estimates that leeching from fertilizer accounts for nearly half of the nitrates in the ground and surface waters of the Wekiva Basin. She opined that addressing these issues up front can save the taxpayers billions of dollars. They are requesting four changes to the proposed ordinance as follows: only 100% nitrogen slowrelease fertilizer in the Wekiva River Basin; signage in big box retailers during the blackout period indicating it is illegal to use fertilizer in Seminole County; all vehicles engaged in commercial application of fertilizer be required to have a decal showing that they have gone through the certification process; and the fertilizer-free zone proposed in the ordinance of 10 feet be increased to 15 feet.
William Rivera, 240 Arab Street, addressed the Board and stated he lives in Volusia County but frequents the St. Johns
River Basin, the Wekiva River, and all the parks around there. He said public knowledge and education is important and suggested there be postings about how it is illegal to use fertilizer during the blackout dates. He doesn’t believe citizens want to disobey the law, so if they are educated and they can see that at the store where they are purchasing the fertilizer, they would know how they can help alleviate the problem of fertilizer runoff.
Nancy Dunn, 3430 Holliday Ave, addressed the Board to speak in support of the ordinance. She said she has lived on Bear Lake for 42 years and for the past 25 years, she has been a volunteer for the University of Florida Lake Watch Program. She is also an active member of the Bear Lake Preservation Association and advised they were formed 25 years ago by lakefront residents to keep a clean lake clean by educating the residents on bad fertilizing practices that were damaging the lakes. They know what goes into their streets and lawns ends up in the waterways. Bear Lake’s phosphorous and muck levels are extremely low because they began telling people 25 years ago to not fertilize. They also place signs around to remind the lawn service companies to keep grass clippings and fertilizers out of streets, drains, ditches and away from lakes. Also, their organization suggests that the distance of keeping fertilizer away from water bodies should be changed from 10 feet to 15 feet.
Bill Houston’s name was announced and it was determined that he did not wish to speak.
Jay Goebel, 9625 Bear Lake Road, addressed the Board and noted he has been a resident of Seminole County since 1982. He moved to Cub Lake in 1991, which is in the Wekiva Drainage Basin. He spoke of the wildlife, aquatic life, the peace and serenity, and the quality and clarity of the water their home sits near. He supports the fertilizer ordinance with the exception being that the fertilizer-free zone be changed from 10 feet to 15 feet.
Donnina Toro, 5489 Glen Oak Place, addressed the Board and said she moved to Seminole County because of its natural beauty. She opined the new ordinance and the four changes suggested by the Wekiva Coalition are critical to keeping their quality of life.
Deborah Green, 203 Honeysuckle Lane, addressed the Board advising she is representing the Orange Audubon Society, which has many members in Seminole County as well, and is a member of the Wekiva Coalition. She supports the proposed ordinance and the Coalition’s strengthening amendments to it.
Mac Carraway, 9107 18th Drive in Bradenton, addressed the Board on behalf of the Environmental Research & Education Foundation. He noted he was a resident in the Wekiva area for 14 years. He advised this foundation represents statewide stakeholders in the green industries which includes professional lawn care, sports turf, and turf production. They have provided staff with an information packet (copy not received and filed) supporting their views. He summarized those key points stating there is no credible evidence or research suggesting that blackouts have any determinable impact in any jurisdiction in which they have been enacted. He stated the winter restrictions track more closely with research that points to the dormancy of turf and landscapes and a reduced applicability to uptake nutrients. If a restricted ordinance were to be adopted, an additional exception for professional lawn care operators is fully justified on the basis that they would have an enormous economic incentive for minimizing fertilizer use and have invested decades and millions of dollars in establishing best management practices considered substantive by the DEP, the State’s water management districts, and the Florida Department of Agriculture.
Mr. Carraway stated the idea that heavy summer rains leech fertilizer is not the case as stated in the $4.2 million DEP study. Heavy rains exceeding two inches in Seminole County are fairly rare occurring less than once per month on average since 1956 in the June-through-September period according to the Florida State University Florida Climate Center. He pointed out the real fertilizer culprits are those distributed on driveways, sidewalks and impervious surfaces, and grass clippings blown into storm drains, and so on. He believes this will take a sustained commitment to real education. He indicated he has over 20 years’ experience in hands-on water management matters serving two environmental governors and has supported and approved numerous water quality improvement projects.
Mr. Carraway stated the Tampa Bay Basin is beautiful and healthy and receives stormwater from hundreds of square miles of managed lawns and landscapes. He advised as the material they provided to staff points out, using data from the Tampa Bay Estuary Program itself, the summer blackouts on the west coast had absolutely nothing to do with that or their sea grass bed recoveries. He said he respectfully urges the Board to pursue education first and to consider a restricted winter season, if any, and absolutely to provide an exception for professional lawn care.
Todd Josko, 1726 E. 7th Avenue in Tampa, addressed the Board and advised he is representing TruGreen, the nation’s largest lawn care company. He stated there is a statewide requirement that their employees have to be BMP certified and they are issued licenses by the Department of Agriculture to apply fertilizer in a commercial setting. They are in support of fertilizer ordinances, and their employees go through training and education to learn the proper application of fertilizers, and it is a great idea to make sure that non-professionals are educated on those same best practices. Fertilizers will stay put when properly applied to healthy turf particularly in the summer months when turf is able to absorb nutrients at an extremely efficient rate; it doesn’t leech, it doesn’t run off. While they agree with ordinances that promote best management practices, they differ with recommendations that are contrary to best practices. In regard to the summertime blackout period, they have seen a deterioration of turf over years because they are not able to properly “feed” lawns during the time when they need it the most, which is the peak summertime growing period. A wintertime blackout period conveys a little more towards what science says in that you feed plants and organisms when they are hungry during the summertime, and you don’t put applications of fertilizer down in the wintertime. The problem is with unintended consequences because it sounds great to have a requirement year round to use 100% slow-release fertilizer, but the reality is that nutrients are released at times when the grass is not able to take those nutrients out.
Mr. Josko stated the summertime blackout period is based on rain, and a majority of the state of Florida already prohibits application of fertilizer when there are heavy rains imminent, which is two inches or more. Professionals are trained to apply the proper amount of fertilizer to make sure the turf grass is healthy enough to be able to do what it does best, which is a buffer against all types of runoff and different types of erosions that cause nutrient impairment to waterways. He explained if rainwater falls onto turf, it does a very effective job of trapping nutrients and keeping them from entering into the stormwater system, so it is important to have healthy turf. They welcome the opportunity to continue working with staff on an ordinance that does what is intended; he believes they are all on the same side and they want to make sure they are protecting the waterways and keeping excess nutrients out of those waterways. He stated however, a summertime blackout is unfortunately just not the way to go, particularly for professionals who have been trained on proper nutrient technologies and best management practices.
Commissioner Carey questioned whether they test the soil before starting their process. Mr. Josko advised they test for phosphorous and in the absence of an ordinance, they follow the DEP model ordinance. He stated however most fertilizers are phosphorous free at this point. They do not test soils for nitrogen because there is no soil test for nitrogen; it is just a visual test. He believes their employees are pretty good at determining what the nutrient deficiency is, whether it is iron or potassium, or what have you.
Chairman Horan questioned whether a lot of plant
fertilizers have phosphorous in them. Mr. Josko advised there are some specialty fertilizers that have phosphorous; for example, palm trees require phosphorous. He noted some ordinances exempt vegetable gardens and things of that nature, but general-use fertilizers for everyday lawn care for the most part are phosphorous free. He added agricultural fertilizers still have high amounts of phosphorous.
Commissioner Dallari questioned how the visual test works, and Mr. Josko explained it is a visual wheel test on a scale of 1 to 10 in terms of different leaf colorations; a lighter color is usually a nitrogen deficiency.
David Bottomley, 305 Woodbury Pines Circle in Orlando, addressed the Board noting he has emailed Tampa Bay’s ordinance to the Commissioners. He added they have had a fertilizer-ban ordinance for two years just in the city of Tampa.
Upon Commissioner Dallari’s request, Mr. Bottomley stated that Tampa Bay has an Estuary Program that over a period of years has cleaned up Tampa Bay and revitalized the Hillsborough River. Because of the last hurricane, St. Petersburg had a lot of stormwater that got into their sewer system and it overflowed their facilities which dumped millions of gallons of raw sewage into Tampa Bay. They are working on that now. Upon Commissioner Dallari’s inquiry, Mr. Bottomley advised that retailers in the city of Tampa cannot sell fertilizer during a certain timeframe.
Sharon Lynn, 1008 E. Pebble Beach Circle, addressed the Board stating she would like to see the ordinance passed with the recommended improvements made by the Wekiva Commission. She noted Brevard and Volusia counties have already expanded their fertilizer-free zones to 15 feet.
H. Alexander Duncan, P.O. Box 620092 in Oviedo, addressed the Board and stated he is in favor of the ordinance. He opined there is a lot more to the water problems in Seminole County than just fertilizers. He added he lives on the river in Geneva and has been watching it be destroyed slowly but surely, and he has been watching the Econ be encroached upon more and more. He stated this is an election year and so every other month there is something on the “docket” to address the environment in a favorable way, but only going by his eyesight, he sees developments continuously being approved in this county.
Steve Edmonds, 1022 Vannessa Drive, addressed the Board and advised he has been working on water policy issues since he was in high school. He is intimately aware of the Okeechobee discharges and of the waterways around Seminole County. He sat on the Seminole Soil and Water board from 2002 to 2006. He was on Natural Lands and the Land Planning Agency before that. In regard to the buffer zone setback, he believes it should be 20 feet because the reality is that it will probably be within 10 feet of the water when using an applicator. He also believes they need to provide for “teeth” in the ordinance because he did not see any penalties listed in the draft ordinance. Chairman Horan advised that there are, in fact, about five different places where they talk about penalties. Mr. Edmonds expressed that he would also like some accountabilities for those professional areas they were thinking about exempting, whether it be golf courses or professional turf management. He does not believe in exempting anyone, but if they do, there needs to be a very accountable way to prove that these people are practicing in best management practices and they have been properly trained and certified to do so.
Katrina Shadix, 995 Oklahoma Street, addressed the Board and stated she is here to represent Speak Up Wekiva and the Foundation for Florida Environmental Protection in supporting the passing of this ordinance with the modifications proposed in a letter previously submitted to the Commission. She added she read a book in college that explained the damage and negative impacts manicured and fertilized lawns have on the environment, and they are now living with the consequences of the shortsighted quest to have an artificially green lawn all year long. Shirlene Stuckey, 1892 Iroquois Drive, addressed the Board to state she supports the ordinance with the modifications that were stated previously.
Jay Exum, 2253 Peachleaf Court, addressed the Board noting there are probably residents and homeowners that want to do the right thing with respect to fertilizer so he thinks they need guidance and a little bit of teeth if they don’t do the right thing. He stated the BMAP for the Wekiva River is somewhat silent about fertilizers, so it depends upon local ordinances like this to carry the load with respect to removing fertilizers. He advised he is with the Friends of the Wekiva River and the revitalized Wekiva Coalition, and they prepared a letter (copy received and filed) that also speaks to the four proposed amendments that were mentioned by Pam Meharg. He noted they have also provided a letter dated May 31, 2016 (copy received and filed). He noted they met with some of the Commissioners after sending that letter, in addition to staff, and he thinks it has resulted in some of the modifications that have happened today.
Judith Benson, 109 Provado Court, addressed the Board and noted she is the Chair of Seminole Soil and Water. She has completed studies outside of Seminole County by doing soil testing. She knows they cannot test for nitrates in the soil because they move so quickly but when she has completed these tests through her company and they are unknowingly following professional applicators of these fertilizers, they find very strong results. She noted she submitted comments to the Commissioners via email and then reviewed some of those comments. They found that the most prominent numbers were due to soluble fertilizer applications.
Ms. Benson noted in the proposed ordinance that violation and enforcement appears to be per property. She asked if the Board is considering giving a variance for professional landscape applications of lawns and gardens, whether that violation would go to the property owner if they unknowingly have a provider that is putting in excessive amounts on their property. Chairman Horan replied the word “incident” is used so the penalty applies per incident. He is not sure whether that is defined in either the ordinance or in the Administrative Code. Ms. Benson said she would like to see that language be more elaborate. Chairman assured her that is one of the things they plan to clean up.
James Peterson, 102 Foxridge Run, stated he believes a buffer zone of 50 feet would better protect the waterways. He asked how they would protect the waterways from chemtrails, and also from the Zika spraying, which he said is not only killing the mosquitos but also the Florida bees. He added if they allow marijuana grows in Seminole County legally, they need to make sure they are fertilizer-free hydroponic grows to protect the waterways.
With regard to public participation, no one else in the audience spoke in support or in opposition, and public input was closed.
Speaker Request Forms were received and filed.
Commissioner Carey commented that they have heard a lot of good testimony today that raises more questions for her. She added she would like to hear more about the Tampa project that they are doing with the cleanup to see some of their proven scientific results.
Commissioner Dallari stated he believes they need a fertilizer ordinance and confirmed that it would cover only unincorporated Seminole County. He questioned whether staff had spoken with the cities because he thinks it needs to be countywide. He gave an example of not being able to buy fertilizer in the unincorporated area, but being able to go to a city to buy it.
Commissioner Constantine agreed with Commissioner Dallari. He said the west side would be mostly Altamonte Springs and a little bit of Longwood. He believes they should make sure that all the cities will work with the County in support of this. He noted they have a second-magnitude spring and they are the protector of that; it is the water of Central Florida. Again, they are looking at the potential of the State taking away their responsibilities of protecting through a mandate of a minimum ordinance. He stated they now have the ability to act. He discussed education, direction and guidance for their citizens.
Commissioner Carey noted they need to have more community discussion. She said when they did the vetting, the Markham Woods HOA was not brought in and that is half of the people that are impacted on the west side of I-4. She reiterated they need a countywide ordinance that includes the cities.
Commissioner Henley stated he noticed in the backup a long list of people that staff had interacted with and those missing are the cities. He suggested perhaps they could start with discussing that at the Mayors & Managers, or they could adopt it countywide and give the cities a reasonable amount of time to opt out.
Chairman Horan remarked that he thinks they all understand that the model ordinance may not necessarily be a model of clarity. He opined they need an ordinance that clearly sets out what kind of fertilizer can be used, when it can be used, how it can be applied and what the penalty is if they don’t do it that way. He added he believes the cities’ input would be favorable and they would like to be involved in this.
Ms. Guillet recommended that they continue the item and then re-advertise it because the more public notice they have on this, the better.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue and re-advertise the public hearing in consideration of an Ordinance amending Seminole County Code, Chapter 270, Water and Sewer, creating Part 12, Proper Use of Fertilizers, to maintain compliance with all Applicable Total Maximum Daily Loads (TMDLs), Basin Management Action Plans (BMAPs), and the NPDES Permit, as described in the proof of publication.
Under discussion, Commissioner Constantine stated they need to get this back because they have been working on this since 2013. He believes the recommendations of the Friends of the Wekiva and the Audubon and all the people that spoke today should be included. Commissioner Carey responded that they have received good information and she would like to see it as a whole package and have some further discussion, so that is not part of her motion. Commissioner Constantine clarified he would like consensus that these are the things they should be striving for. Commissioner Carey talked about the certified stickers for the vehicles and her thinking that it is not about the truck being certified, it is about the people that work there being certified. She feels the intent is there and they understand what the citizens are saying and it is a matter of cleaning it up so that it is clear and accomplishes what they are trying to do with the ordinance.
Ms. Guillet stated one concern she has from a timing standpoint is the coordination with the cities and it would be helpful to understand the Board’s expectations. She questioned whether the Board wants the County and cities to all agree on the exact same language or they bring back to the Board an appropriate ordinance and then share it with the cities. Chairman Horan said his expectation is that they have a good ordinance that the cities can adopt with them. He noted the issue he has the most problem with is the signage in commercial establishments because it is an issue that would be more sensitive to one city than another city. He wants to make sure it is enforceable countywide and that may take a little negotiation.
Commissioner Constantine stated he has talked to some of the cities and they are looking for guidance. Commissioner Carey added the cities just want to have a voice before they adopt anything.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan recessed the meeting at 3:10 p.m.;
reconvening at 3:15 p.m.
Ms. Guillet advised she had distributed an information packet (copy not received and filed) on James Reynolds, who is her appointment as the Director of the Fire Department. She explained that the Charter requires confirmation by the Board of any department head appointment.
Motion by Commissioner Dallari, seconded by Commissioner Henley, to confirm the appointment of James Reynolds as the
Director of the Fire Department.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Carey reported that Allegiant Airlines has announced beginning February 2017 they will have service to
Akron, Ohio which will replace their service to Cleveland, Ohio.
As a member of the Daughters of the American Revolution, Commissioner Carey had the opportunity to speak to a group at Hagerty High School during Constitution Week. She stated she was very impressed with the high school students of today and how attentive they were. She added she is happy that Civics is back in the schools again to help students understand how government really works. She expressed her appreciation to the
Daughters of the American Revolution for their sponsorship.
Commissioner Carey said she attended the 50th Anniversary celebration of Boy Scout Troup #507 which started in Sanford and now covers Sanford and Lake Mary. She added it was great to see the number of leaders there and the turnout they had.
Commissioner Carey stated there was a great article in the Engineering News-Record about the Wekiva Parkway; it is about the bridge and how they worked with the community to make sure there was a light under the bridge. In addition to making it better for our waterways, there was a big savings on a $1.6 billion project. She noted she would circulate it to the
Commissioner Carey stated they have had a lot of discussion with FDOT and the Turnpike Authority about trying to regain control of the SR 417 section in Seminole County. When the Commissioners discussed buying back roads because they don’t want to swap them, they are always asked how they would do that because the County owes $200 million. She advised the actual payoff on the loan was $150 million and at the last Board meeting, they voted unanimously to pay that debt off. Therefore, FDOT will be paid off and that will not be the first line of conversation they have from this point going forward as they continue to try to work toward getting at least the SR 417 section of Seminole County back under the control of the Central
Florida Expressway Authority.
Commissioner Dallari said he wanted to share this before Commissioner Carey had to leave for another meeting. For the upcoming MetroPlan meeting, Commissioner Dallari had asked the County Attorney’s Office to write a letter of opinion about the Transportation Improvement Plan (TIF) for MetroPlan in connection with SR 417. Their opinion is that it is not mandatory that they have to put it into the TIP program; the MetroPlan attorney is saying that it is mandatory. Commissioner Dallari asked Mr. Applegate to reach out to the MetroPlan attorney to try to get this settled before the meeting in
November and if need be, to also attend the meeting himself.
Commissioner Henley noted he distributed to each of the Commissioners a couple of letters (copy not received and filed) from Volusia County regarding SunRail. Basically, they want to renegotiate their agreement. Chairman Horan advised that Commissioner Daniels from Volusia County talked about the arrangement with regard to SunRail and how operating expenses are apportioned based upon ridership. Ridership, at this time, is very strong in DeBary and consequently, they are bearing that share of the expenses that are proportional to their ridership. They entered into the agreement years ago in contemplation that they would have a leg of the SunRail between DeBary and DeLand. The bottom line is they are displeased about this and they have provided notice under the SunRail agreements for a
renegotiation, and he said he believes Council Member Patterson from Volusia County has appeared at the SunRail meeting seeking that renegotiation.
Chairman Horan stated this Board has supported Volusia
County in their desire to have the federal government fund that leg, but with regard to the SunRail agreement, he opined it is illustrative of the kind of regional cooperation that is going to be required on a flexible and continuing basis if they are going to be able to implement mobility and connectivity and commuter rail.
Commissioner Dallari reported he attended a community meeting in Chuluota held at Walker Elementary School. It was well attended and he thanked the school district for allowing them to meet there. In addition, he thanked the Seminole County firefighters who did a great job. He also thanked those that attended from the Public Works and Development Services departments and stated they did a very good job. They talked about development within the County, in Oviedo and in Orange County, and crossing of the Econ. He sent out his thanks to several staff members he mentioned by name.
Chairman Horan advised they had a Mayors & Managers meeting last week at Winter Springs High School. They had wonderful presentations given by the Health Department and the Watershed Division on Zika. He was very impressed with staff and the coordination of the various departments. The mobile health unit was also discussed.
Chairman Horan mentioned the status update by the Central Florida Expressway Authority that talks about transportation alternatives. He said it is a good report and further discussions are occurring with FDOT regarding the recommended alternatives for eastern mobility in that particular area. Commissioner Dallari advised that he received a copy of a letter (received and filed) from Jim Boxold, FDOT Secretary, to the Orange County Mayor indicating they have changed their opinion and would like to take the lead. Commissioner Dallari explained he received it Friday through MetroPlan and he will ensure that all the Commissioners receive a copy.
Chairman Horan stated they have been trying to close the missing link in the Cross Seminole Trail and the sidewalk in front of Layer Elementary School. Mr. Applegate stated they are going to figure something out. Chairman asked that they have something for him before the board meets in November in Tallahassee. He explained there is a portion of the link where the school board has given an easement to the DEP, but the school board and the DEP don’t want to take care of that particular portion of the trail. The County cannot take care of a piece of property in which they have no interest, so there has to be a different structuring of that.
Chairman Horan mentioned the passing of a regional icon, Arnold Palmer. He remarked he was a person of class and style and integrity who did tremendous things for the region.
Chairman Horan noted that letters regarding Zika and
terrorism funding have both gone out.
Chairman Horan advised the Tourism Development work session is scheduled for January 24, 2017.
Chairman Horan stated the auditor has been contacted with regard to the audit of the Clerk’s Office.
The following Communications and/or Reports were received and filed:
1. Letter dated August 24, 2016, from Matt Hassan, FDOT Wekiva Parkway Project Manager, to Property Owner re: Financial Project ID #204200-4, preliminary design for the Wekiva Parkway Segment 8.
2. Memorandum dated September 6, 2016, from Ray Valdes, Seminole County Tax Collector, to Chairman Horan re: request authorization by the BCC for the Tax Collector to begin collection of the 2016 Tax Roll prior to completion of the Value Adjustment Board hearings in order to continue steps necessary to issue tax notices as of November 1.
3. Copy of a letter dated September 16, 2016, from County Attorney Bryant Applegate to Steven Bechtel, Esq., Mateer Harbert re: revised letter supersedes letter dated September 13, 2016 re: authority for removal of Florida Turnpike Enterprise projects from MetroPlan TIP in connection with adding express lanes to SR 417.
4. Letter dated September 20, 2016, from Maryanne Morse, Clerk of the Circuit Court and Comptroller, to the Seminole County Board of County Commissioners re: amending Section 20 of Administrative Code in connection with the reduction of the convenience fee from $3.00 to $2.50 per transaction.
5. Letter dated September 21, 2016, from Stephen Noto, City Planner, City of Lake Mary, to Chairman Horan re: a voluntary annexation request by the Lake Mary Florida Congregation of Jehovah’s Witnesses, 821 N. Country Club Rd.
6. Letter dated September 21, 2016, from Stephen Noto, City Planner, City of Lake Mary, to Chairman Horan re:
annexation of 845 N. Country Club Road.
7. Copy of a letter dated September 22, 2016, from Jason Davis, County Chair, Volusia County Council, to Chairman Horan re: Central Florida Commuter Rail System between DeBary and DeLand and the associated Interlocal Agreements.
Mr. Applegate reported his office has had 850 formal work assignments, and that does not count litigation, transactional work, and all the special projects they handle.
Commissioner Constantine pointed out that they are down to the last quarter of the year and stated Mr. Applegate may want to start looking at some dates for the ethics training. Mr. Applegate responded they are looking at the first or second week of December for that. ITEMS FOR FUTURE AGENDA
James Peterson, 102 Foxridge Run, discussed his desire for a medical marijuana dispensary in Seminole County, veterans and disabled adults and their need for access to legal marijuana, PTSD, and the drugs offered by the Health Department that have horrible side effects.
No one else in the audience spoke and public input was closed.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:40 p.m., this same date.