BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

DECEMBER 13, 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, December 13, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

Chairman John Horan (District 2)

Vice Chairman Brenda Carey (District 5)

Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

Commissioner Carlton Henley (District 4)

Clerk of Court and Comptroller Maryanne Morse

County Manager Nicole Guillet

Deputy County Attorney Lynn Porter-Carlton

Deputy Clerk Kyla Spencer

 

 

Reverend Daniel Smith, Holy Cross Episcopal Church, Sanford, gave the Invocation. Commissioner Dallari led the Pledge of Allegiance.

AWARDS AND PRESENTATAIONS

Item #1 2016-506

Motion by Commissioner Henley, seconded by Commissioner Constantine, to adopt appropriate Resolution #2016-R-193 recognizing Ray Valdes, Seminole County Tax Collector, for 28 years of distinguished service to the citizens of Seminole County.

Districts 1, 2, 3, 4 and 5 voted AYE.

Mr. Valdes addressed the Board to thank them for their recognition.

REGULAR AGENDA

Item #1-A A-3031-16

Nicole Guillet, County Manager, stated the County received a letter from Ray Valdes, Seminole County Tax Collector, o_!1_ffering to transfer the deeds _!1_of _!1_four _"!2_pieces _"#1_of _"$2_property _"&1_that _"'1_are _"(2_currently deeded _"*1_in _"+1_his _",1_name _"-1_as _".1__"/1_the _#_Tax _"02__#_Collector_"21_. _#_Two _"31_of them are _"42_located _"61_in _"71__#_Lake _"81__%_Mary_"91_, _":1_one _";1_of them is _"<1_in _"=1__">1__"?2__%_Casselberry_"A1_, and the _"B1_fourth _"C1_piece _"D1_is _"E1_a _"F1_vac_"G1_ant _"H1_piece _"J2_in _%_Altamonte _%_Springs that is slated _"L1_to _"M1_have _"N1_a _"O1_new _"P2_building _"R2_constructed _"T1_on _"U1_it _"V1_for _"W1__#_Tax _"X2__#_Collector _"Z2_purposes_"\1_. _"]1_In_"^1__"_1_ addition to the _"`2_letter _"b1_from _"c1_Mr. _"d2__#_Valdes_"f1_, Ms. Guillet noted the Board was forwarded a memorandum from _%_Thomas _%_Wilkes, GrayRobinson Law Firm, who offered an opinion on behalf of the _%_County _"{1_with respect _"|1_to the _"}4_appropriate_"1_ness _"1_of the _"1__#_Board _"2_receiving _"1_those _"1_deeds_"1_. She explained that it_"1_She e is Mr. Wilkes_"1_Mr. _"1_opinion _"1_and the _"1_opinion _"1_of the _"1__%_County _%_Attorney's _%_Office _"1_t_"1_hat _"1_it would _"1_be _"4_appropriate _"1_for the _"1__#_Board _"1_to _"1_accept _"1_all _"1_four deeds if that should be the _%_Board's desire. _%_However, _%_Mr. _%_Wilkes s_"2_pecifically _"3_indicated _"1_that _"1_the Board _"1_should _"1_give_"1_ special consideration_"1_ _"1_to the _"1_vac_"1_ant _"1_piece _"1_in _"1__%_Altamonte and one piece in _%_Lake _%_Mary which houses a facility for the Sheriff. Ms. Guillet noted the Sheriffs Office leases that facility from the Tax Collectors Office. Ms. G

_%_Joel _%_Greenbe_#!1_rg, Tax Collector-Elect, addressed the_%_ _%_Board and stated he is here with his attorney, _%_Wade _%_Vose, with the purpose to formally object to the proposed transfer of real estate from the _%_Office he is about to assume. _#1__%_He opined that it is a bad deal for both sides,_#1_ there is _#1_no _#1_consideration _#1_give_#1_n to the _%_Tax _%_Collector's _%_Office, and it should be postponed until he has had the chance_#1_ _#1_to _#1_re_#1_view _#1_all of the _#1_de_#1_tails _#1_that _#1_are _#3_attached _#1_to the proposal. _#1__%_M_#1_r. _%_Greenberg explained he has had no access to the office; therefore, he has not had the ability to offer_%_ his input on what more he could do to make the deal appropriate for both sides. _#2_ _%_H_#2_e s_#2_tated that if h_$p1_e is _$q2_given _$s1__$t1_adequate time, he is confident that there could be a better deal at a better time, which may include items that are not currently being discussed.

_%!1_ _%_Wade _%_Vose, 324 _%_W. _%_Morse _%_Boulevard, addressed the _%_Board and stated he is a partner with _%_Vose _%_Law _%_Firm in _%_Winter _%_Park and represents _%_Mr. _%_Greenberg. _%_He explained he is here today to urge the _%_Board to vote no on the outgoing _%_Tax _%_Collector's last minute proposal and respect the will of the voters. _%_He pointed out that as of yesterday, the a_#_aagenda i_#_item before the _%_Board was only to consider the acceptance of two of the four properties owned by the _%_Tax _%_Collector, so he asked the _%_Board to adhere to consideration of only the two properties that are listed in the agenda i_%_item. _%_Mr. _%_Vose stated whenever you are dealing with _%2_millions _%1_of _%2_dollars _%1_in _%2_taxes _%1_and the _%1_needs _%1_of _%2_a vital _%2_office for years into the future, it_%2_ is prudent _%1_to _%1_examine _%1_all of the _%2_options_%1_, impacts, and _%1_legal _%3_issues _%1_with _%1_the _%1_stake_%1_hold_%1_ers _%1_before _%2_making _%1_a _%1_decision_%1_.

Mr. Vose noted that_%1_ this _%1_pro_%2_posal _%1_was _%2_presented to the _%_Board _%1_on _%1__%_November 29th, 14 days ago,_%1_ and the _%_Tax _%_Collector-_%_Elect only received notice of this proposal 10 days ago. _%1_ He_%_He explained that _"_for _%1_eight _%1_years _%1_the _%_Tax _%_Collector's ownership of the _%1__#_Lake _%1__%_Mary_%1_ _%2_property _%2_that_%1_ is under _%1_consideration _%1_has _&!1_gone _&"1_through _&#1_without _&$1_any _&%1_concern _&&1_what_&'1_so_&(1_ever_&)1_. _&*1__%_The _%_Board _"_was _&+4_aware _&/1_of the _&01_purchase_&11__&21_ in 2008; and the _%_Department of _%_Revenue _%_(DOR), who regulates the _%_Tax _%_Collector's budgets, approved that purchase and the expenditure of those funds_&N1_; and now _&O1__&P1__&Q1__&R2__&T2_there is _&V1_some _&W1_e_&X2_mergency _&Z2_need to jam through this proposal three weeks before the new _%_Tax _%_Collector is sworn in.

_%_Mr. _%_Vose s_&Z2_tated _&1__%_Mr. _%_Valdes' letter proposes a scheme that involves giving property to the _%_County so they can de-annex it from the _%_City of _%_Altamonte _%_Springs and lower the minimum density on the property so that the plan that _%_Mr. _%_Valdes came up with for that project can be implemented. _%_Mr. _%_Vose explained that the flaw in that idea is that the _%_City of _%_Altamonte _%_Springs has already told _%_Mr. _%_Greenberg that it will adamantly oppose and not permit the de-annexation of that prop_&1_erty. _%_Mr. _%_Vose opined tha_'c1_t by waiting until the new administration is in place, _'d1_the _'e1_pro_'f2_posal _'h1_can be _'i1_prop_'j2_erly _'l2_vetted _'n1_with _'o1_all of the _'p1_parties involved, all of the options and legal imperatives can be looked at _'p1_as well as the impacts of those decisions.

With regard to public participation, no one else in the audience spoke in support or in opposition to Item #1-A and public input was closed.

Speaker Request Forms were received and filed.

Lynn Porter-Carlton, Deputy County Attorney, e_'1_xplained that the _'1_pro_'1_pos_'1_al _'1_from the _'1__#_Tax _'2__#_Collector_'2_ _'1_was _'3_submitted _'1_to the _'1__#_Count_'1_y, _'1_and _'1_then the _%_Count_'1_y _'1__%_Manager's _#_Office_'2__'1__'1_ _'2_requested that _'1_the _%_County _%_Attorney's _%_Office prepare a proposed _%_Resolution for consideration by the _%_Board._'1_ _%_The proposal dealt with four properties: the _%_Tax _%_Collector's_%_ branch office in _%_Lake _%_Mary, the _%_Lake _%_Mary building at _%_Primera that the _%_Tax _%_Collector leases to the _%_Sheriff, the vacant property in _%_Altamonte _%_Springs and the _%_Casselberry office. _%_Ms. _%_Porter-Carlton stated her office was asked to prepare a proposed _%_Resolution on the vacant _%_Altamonte _%_Springs property and the _%_Primera property that is leased to the _%_Sheriff._%_ _(51__%_She informed the _%_Board that _"_that _(61_d_(91_oes not mean _(:1_th_(;1__(<1__#__(=1_ey can't _(>1_determine _(?1_today _(@1_that _(A1_t_(A1_hey _(B1_want _(C1_none _(D1_of the _(E1_prop_(F1_ert_(G1_ies_(H1_, all _(I1_four of the properties, _(J1_or _(K1_any _(L4_combin_(P1_ation _(Q1_of the properties_(R1_the properties. _%_S_(l2_he noted her office would simply prepare _(n1_a_(o2_n_(o2_ additional _#_Resolution_(q1__(r1__(s1__(t1_ to suit the _%_Board's vote.

_%_Ms. _%_Porter-Carlton s_(t1_tated a_(t1_s to _%_Mr. _%_Vose's point_({2_ concerning _(}1_the_(~1_ language r_(~1_egarding the _%_Altamonte _%_Springs_(1__(2_ _(2_property _(2_i_(1_n _%_Mr. _%_Valdes' letter, her office_(1_ _(2_looked _(1_at _(1_that as well _(1_and _(1_a_(1_gree _(1_that _(1_the_(1_ statement _(1_about _(1_de_(3_-annexing _(1_the _(2_property _(1_is _(1_not _(1_something _(1_they _(1_would _( 1_recommend _(1_to _(1_the _%_Board because it would not_(1__#__(1__(1__(1__(1__(1_ _(1_be _(2_legally _(2_approp_(1__(1__(1_riate. _%_That property is subject to an _#_Interlocal _#_Agreement between _(1__(1_the _%_City of _%_Altamonte _%_Springs_(1__(1__(1__(2__(1_ and _(1_Seminole County_(1_ that _(1_was _(2_entered _(1_into _(1_some _(1_years _(1_ago _(1_to _(1_deal _(1_with _(1_enclaves_(1__(1_. _(1_It would _(1_not _(1_be _(4_appropriate _(1_to _(1_de_(2_-annex _(1_that property if the _%_County took title to it, so that was not something that the _%_County _%_Manager's _%_Office or the _%_County _%_Attorney's _%_Office supported.

Chairman _%_Horan _(1_s_(1_tated the _%_Tax _%_Collector's balance sheet from the independent auditor's report for last year shows that the _%_Tax _%_Collector owns no real estate assets and that its assets are $4.2 million dollars in cash and cash equivalents. _%_Chairman Horan c_(1_onfirmed with _%_Ms. _%_Guillet that the properties were purchased with funds from the _%_General _%_Fund. _%__%_Chairman _%_Horan b_(1_riefly discussed how the _%_Tax _%_Collector's _%_Office works and stated at this time, there is going to be nothing other than a conveyance of title._*21_ _%__%_He noted_*>1_ that _*K1__*K1_there _*L1_is _*M1_a _*N1_legal _*O1_opinion _*P1__*Q1__*R1_that _*S1_if the _*T1_ass_*U1__*V1_ets are _*W1_not _*X1_being _*Y2_used _*[1_by the _*\1__#_Tax _*]2__#_Collector_*_1_'s _*`3__%_Office, then the _%_Tax _%_Collector is compelled _*c1_to _*d2_convey _*f1_the_*g2_ property _*i1_back _*j1_to the _*k2__#_County. _*m1__%__*n1__*o1__*p1__*q1__*r1__*s1__*t1__*u1_Two of the properties are not being used_*v1__*w1__*x1__*y2_ _*{1_for _*|1__#_Tax _*}2__#_Collector _*2_purposes _*1_at _*1_this _*1_time_*1_. _*1__#__*1_The _*1__#_Tax _*2__#_Collector _*2_doesn't _*1_own _*1_thes_*1_e _*1_prop_*1_ert_*1_ies, and t_%_he _%_Tax _%_Collector _*1_can't _*1_go _*1_out _*1_and _*1_deal _*1_with these _*3_properties _* 1_without _*1_the cooperation of_*1__*1__*1__*1_ Seminole County_*1_. _*1__%_Chairman _%_Horan opined that the _*1_people _*1_of _*1_Seminole County _*1_own _*1_these _*1_particular _*1_assets_*1_. _*1_They _*1_were _*2_purchased _*1_with _*2_money _*1_from the _*1_people _*1_of _*1_Seminole County_*1_. _+-1_

_%_Ms. _%_Guillet stated with respect to the _%_Tax _%_Collector's_%_ _%_Office, the_+/1__+=2_ property _+?2_purchases_+A1_ _+J1_come _+K1_from the _+L2_excess _+N2_fees_+P1_. _#_Excess _#_Fees related to _#_County fees and taxes that are generated _+S2__+U1_within _+V1_the _+W1__#_Tax _+X2__#_Collector_+Z1_'s _%_Office _+[1_are _+\3_transferred_+_1_ _+r1_back _+s1_to the _+t1__#_General _+u1__%_Fund _+v1_of the _+w1__#_Count_+x1_y _+y2_budget_+{1_. _+|1_If _+}2_there_+1_ is a _+2_purchase _+1_for _+1_real _+1_estate_+1_, it would come out of those fees before _+1_they _+1_get _+4_transferred back_+1_. _%_Ms. _%_Guillet explained_%_ _"_it is an element of the _%_County's budget because _+1_the _%_County _+2_budget_+2_s excess _+1_fee_+4_s. _#_Any purchase _+1_of _+1_real _+1_estate_+1_ is a reduction of excess fees that _+1_would _+1_come _+1_back _+1_to the _+1__#_General _+ 1__#_Fund_+1_. _%_She clarified that the _%_County does not_%_ _+1__+2_transfer money _+1__+1__+1__+1__+2__+1_for _+1_t_+1_he _%_Tax _%_Collector _+1_to _+2_purchase _+2_property_+1_, it comes out of money that would be rightfully transferred back to the _%_County._+1__+3__+1__+1__+2__+1__+1_ _+1_ _%_Chairman _%_Horan stated that the properties_%_ belong to the people of _%_Seminole _%_County _+1_and reminded that in looking at the _%_Comprehensive _%_Annual _%_Financial _%_Report (_%_CAFR_+1__+1_), the _%_Tax _%_Collector owns no real property.

Commissioner _%_Carey stated the properties are in the Tax Collectors name; however, all of the land owned by any of the governmental agencies is owned by the people of the _%_County. _%_She stated she doesn't know why the _%_Tax _%_Collector's properties don't show in the _%_CAFR, but she a_,61_grees with _%_Ms. _%_Guillet. _%_If the _%_Tax _%_Collector has a need, and he plans for that need in his budget process to acquire property _,1_and _,1_then _,1_to _,1_build _,1_a _,2_building _,1_for _,1_his _,1_use_,1_, _,1_t_,1__,1__,1_hat just means _,1_the _%_County _,1_get_,3_s less _,1_f_,1__,1_ees. _,1__%_Commissioner _%_Carey explained that typically the_%_ _%_County gets $4 million to $5 million a year in excess fees from the _%_Tax _%_Collector_,1_'s _%_Office; but during the years that this has been going on, the _%_County has_,1_ received $2 million. _%_She _,1_asked i_%_f _%_Mr. _%_Greenberg, as the new _%_Tax _%_Collector, is given time to evaluate his situation and determines that he doesn't need to build a building in _%_Altamonte _%_Springs_-'1_ and _-(1_he _-)1_decides _-*1_to _-+1_dis_-,1_pose _--1_of _-.1_that _-/2_property_-11_, would that property _-21_have _-31_to _-41_come _-51_back _-61_to _-71_the _%_County _-81_or _-91_would _-:1__%_Mr. _%_Greenberg _-;1_have the _-<1_opportunity _-=1_to _->1_sell _-?1_it _-@1_to _-A1_someone _-B1_on the _-C1_outside_-D1_. _-E1__%_Ms. _%_Porter-Carlton answered_%_ _%_Mr. _%_Greenberg would have the opportunity to sell it to someone on the outside, but the proceeds would come back to the _%_County as excess fees. _%_Commissioner _%_Carey c_-E1_onfirmed with _%_M_-E1_s. _%_Guillet that the _%_Tax _%_Collector has money allocated to construct a building in the budget for the current year.

Commissioner Constantine stated he agrees that the properties are owned and purchased by the people of Seminole County. He explained that they are talking about two pieces of property that have been owned by the Tax Collector's Office, in his books, for his use, for a number of years. He opined that the timing seems questionable and he suggested that the Board give the new Tax Collector the opportunity to evaluate his office.

Motion by Commissioner Constantine to deny the transfer of the titles at this time and give the new Tax Collector the opportunity to evaluate his office and come back to the Board.

The motion failed for lack of a second.

Commissioner Dallari asked if this i_%_item is time sensitive. _%_Ms. _%_Porter-Carlton answered her office was simply asked to prepare a _%_Resolution to be on this _%_meetings agenda. _%_M_/b2__/b2_s. _%_Guillet a_/b2_dded s_/b2_he is _/d1_not _/e2_aware _/g1_of _/h1_any _/i1_time _/j1_con_/k1_straints _/l3_related _/o1_to _/p1_this_/q1__/r1_ i_%_item. _%__%_Commissioner _%_Dallari suggested if it is not time sensitive, then they should wait until the new _%_Tax _%_Collector takes office and have him evaluate the issue to see whether or not it is appr_0O2_opriate to transfer the title over.

Commissioner Care_01_y pointed out that there are a lot of new _%_Constitutional _%_Officers coming in, and the _%_Board's job as _%_County _%_Commissioners is to work with the _%_Constitutional _%_Officers however they need to, to best serve the people of the _%_County. _%_She opined that the only concern she has with any of the property would be the piece that the _%_Sheriff leases because the _%_Board funds the _%_Sheriff. _%_Commissioner _%_Carey suggested they would need to make sure the lease terms are not changed to the detriment of the _%_Sheriff; and if that begins to happen, that is the time the _%_County would need to have a public discussion with the _%_Tax _%_Collector. _11_

Commissioner Henley discussed the history of how the Tax Collector came to have the title to these properties. He stated he respectfully disagrees that the item is not time sensitive because it is an offer from the current Tax Collector to correct what Commissioner Henley believes should never have been done in the first place. Commissioner Henley stated the County would be better off to go ahead, for the benefit of the taxpayer, and accept the offer and move on. The new Tax Collector will have all of the space he needs just as the County has provided space for all of the Constitutional Officers. He reiterated he believes that the County should accept the offer. Commissioner Henley added that the Altamonte Springs property to be developed is in the wrong place to serve Seminole County.

Motion by Commissioner Henley to accept the offer of the Honorable Ray Valdes, Seminole County Tax Collector, which has been deemed legal by the County Attorneys Office.

The motion failed for lack of a second.

Commissioner _%_Carey stated she _4r1_a_4s1_grees _4t1_that _4u2_it is _4w1_time _4x2_sensitive _4z1_because _4{1_this _4|1_is an offer from the current _%_Tax _%_Collector, and _4}1_once _4~1_he_41_ is _41_out _41_of _41_office _41_then there _41_is _41_no _41_offer_41_. _#_ _%_She expressed that if the_41_ new _41__#_Tax _42__#_Collector _41_comes _41_in _41_and _41_starts _41_doing _41__4 1__42__41_things _41__41_that are detrimental to the public, the _%_County will talk about it at a public meeting. _%_She opined that it_41_ would _41_be _41_un_41_fair _41_to the _41__41__#_Tax _42__#_Collector-_41__#_E_41_lect _41_if _41_the _%_Board _41_do_42_es not _41_give_41_ him _5!1_an _5"1_opportunity _5#1_to _5$1_delve _5%1_into this to best serve the needs of the people._5&1_this to best servb

_%_Chairman _%_Horan asked _%_Commissioner _%_Carey if she agrees that if the property is titled in the name of the _%_Tax _%_Collector, then the _%_Tax _%_Collector is not limited next year in what the _%_Tax _%_Collector can do with that property. _%_Commissioner _%_Carey answered that if it is in the name of the _%_County, the _%_Tax _%_Collector would have a difficult time trying to determine what he is going to do and would have to come and ask permission of the _%_County to be able to utilize that property. _%_Chairman _%_Horan e_5>1_xplained there is $3,900,000 budgeted for the construction on the building, the property had been purchased by the _%_County, it is in the _%_Tax _%_Collector's name, the _%_Tax _%_Collector wants to go forward and construct the building next year on that property._51__51__51__51__51__51__51__51__51__51__52__51_ _%_He_%_ opined that it makes no difference whether the property is titled under the _%_County or the _%_Tax _%_Collector. _52_ _51_The _51_i_6G1_mprovements _6H1_will _6I1_still _6J1_be _6K1_put _6L1_on the _6M2_books _6O1_for _%_Seminole _%_County, the_6P2_ budget_6R1_ is _6S1_still _6T1_part _6U1_of the _6V1__#_Tax _6W1__#_Collectors _6Z2_budget, _6\1_but _6]1_what_6^1_ever _6_1_redounds from the excess fees will _6`1_go _6a1_a_6b1_head _6c1_and be _6d1__6e2_blended _6g1_into _6h1_the _6i1__#_General _6j1__#_Fund_6k1_.

_%_ Chairman _%_Horan stated _"_this is not about limiting the _%_Tax _%_Collector in what he wants to do. _%_In scores of _%_counties throughout the state, the property that the _%_Tax _%_Collector deals with is in the name_%_ _61_of the _61_count_61_y_61_, _61_the C_61_Count_61_y _61_then _62_appropr_61_iates the money for the _%_Tax _%_Collector _61_to _61_go ahead and op_61_erate _61_on _61_those _62_particular things_61_. _61__%_Chairman _%_Horan stated he _61_would _62_entertain _61_a _61_motion _61_to _61_table _61_this_61_ _%_item. _61_

_%_Commissioner _%_Dallari stated the big issue is not who owns the property. _%_The big issue is what kind of relationship the _%_County wants to have with the new _%_Tax _%_Collector. _%_He explained that _"_whatever the vote is, it is going to set the mood of whether or not the County and the Tax Collector are working together or in different directions._7G1__7G1_ _%_Commissioner _%_Dallari pointed out that _"_the _7H1_new _7I1__#_Tax _7J2__#_Collector _7L1_needs _7M1_to _7N1_have _7O1_time _7P1_to _7Q1_eval_7R1_val_7S1_uate _7T1_it,_7U1__7V1_ and the _%_County would_7W1_ want _7X1_that _7Y1_same _7Z2_common _7\2_courtesy_7^1_.

_72__71_ _%_Motion by _%_Commissioner _%_Dallari, seconded by _%_Commissioner _%_C_71_onstantine, to continue this item until the new _%_Tax _%_Collector has had appropriate time to come back and apprise the _%_Board of the direction they should take.

Under discussion, _%_Commissioner _%_Carey asked if the request would be valid by the time the _%_Board heard the _%_item again since it would be the request of the former Tax Collector. _%_Ms. _%_Porter-Carlton stated _71_it would _71_not _71_be the _73_pro_72_posal _71_of _71__#_Tax _72__#_Collector _71__%_Valdes, so to that extent, no._73__71__71__71__71__71__71__71__71_ _71_His _71_pro_72_posal _71_and _72_his letter_8"1__8#1_ is what were brought to the _%_Board for their consideration. _%_Chairman _%_Horan explained the _%_Board is going to table the issue indefinitely, without prejudice, to whether they are in favor or not in favor.

_%_Commissioner _%_Henley _8#1_explained that the _%_Tax _%_Collector will be able to do his job._8|1_ _8}1_The_8}1_ _8~2_building _81_is _81_not built in _%_Altamonte _%_Springs, _81_and according to _%_t_81_he _%_City,_81__81__82_ _82_it is _81_not _81_going _81_to be _81_buil_81_t on _81_that _81_site _81_because _81__82_it does not _81_meet _81_the_81_ requirement_81_s of _82__#_Altamonte _82__#_Springs_81_. _%_The _%_City has_81_ _8 1_already _81_said _81_a building will _81_not _81_be _81_buil_81_t _81_there. _81__81_ _%_Commissioner _%_Henley agreed that the_81__81__81__81_ offer _81_w_81_ill not be _81_good _81_if _81_the _%_Board _81_table_81_s it_81_. _82__%_He stated that the _%_County is _81_not _82_dealing _81_with _81_the _%_Tax _%_Collector's _81_right _81_to _81_op_81_erate _81_his _81_office_81_. _81__%_He still _81_has two _81_build_81_ings_82__81__81__82_; one of which the _%_County owns that_81_ is not _81_being _81_us_81_ed _81_by _81_the _%_Tax _%_Collec_81_tor but _81_has _81_been _81_rented to the _82__#_Sheriff_81__81_, _81_which _82__82_the _%_County is paying _81_for_81__81_. _%_Commissioner _%_Henley opined that _#__81__81__81_the_82_ simpl_81_est _81_thing to do _81_would be _81_to go _81_a_81_head _81_and _81_accept _81_the _81_offer, _81_a_81_nd the_81_ _81_opinion _81_of _81__%_County_81_ _81_staff _81_and _81_the opinion_%_ _9!1_of a _9"1_third _9#1_attorney _9$1_was that _9%1_it is _9&3_perfectly _9)1_legal _9*1_to do_9+1_ so. _9,1__%_He added _%_he would like to have an idea of what type of deal_9-1__9.1__9/1_ _%_Mr. _901_Green_911_berg_911_ _921_is talking about because this isn't a deal situation.

_%_Chairman _%_Horan _%_expressed that he has_%_ the same concerns and d_91_oesn't _91__91_think that _91_anything _91_the _%_Board _91_does _91_today _91_is _91_going _91_t_91__91_o im_91_pair _91_the _91__#_Tax _91__#_Collecto_91_r _91_in_91_ per_92_forming _91_h_91__91_is operations in _%_Office. _91__%_He added that this _91_is _91_a ministerial_91__91_ _91_type _91_of _91_situation to clean things up.

_91__92__91__93__91_ _%__%_Commissioner _%_Constantine stated _:X1__:_1__:Y2__:_1_he believes _:`1_that _:a1_the _:b1__#_n_:b1_ew _:c1__#_Tax _:d2__#_Collector _:f1_has _:g1_already _:h3_suggested _:k1__:p1_that _:q1_he _:r1_is _:s2_willing _:u1_to _:v1_look _:w1_at _:x1_this _:y1_issue when_:y1_ _:z1_he _:{1_gets _:|1_into _:}1_office. _%_He opined that this _:~1__:1__:1__:1_is _:1_not _:1_time _:2_sensitive_:1_ and can be done at _:1__:1__:1__:1_any time. _:1__%_H_:1_e reiterated that the _%_Board wants to have a positive working relationship with all of t_:1_he _%_Constitutional _%_Officers. _%_Commissioner _%_Constantine stated that this duly elected official _:1_has _:1_the _:1_right _:1_to _:1_look _:1_at _:1_his _:1_office, _:1_e_:1_val_:1_uate _:1_it _:1_and _:1_decide _:1_what _:1_he _:1_feels _:1_is the _:1_best _:1_in _:2_moving _:1_forward_:1_ and _:1_he _:1_should_:1__:2__:1__:1_ work with the _%_County in _:1_doing _:1_that_:1_. _:1__%_He noted he agrees with_:1__:1__:1__:1_ _:2__#_Commissioner _:2_Henley _:1_that _:1_maybe_%_ the A_:2_ltamonte _%_Springs _:2_building shouldn't _:1_be _:1_built,_;#1__;$1__;%1__;&1__;'1_ and he _;(1_believes _;)1_that _;*1_that _;+2_property_;-1__;.1__;/1_ _;01_may _;11_be _;21_in the _;31_wrong _;41_place _;;1_, but _;<1_that _;=1_will _;>1_be _;?1_an _;@1_e_;A1_val_;B1_uation _;C1_of the _;D1__#_Tax _;E1__#_Collect_;F1_or, who will hopefully work with the County on this.

Chairman Horan asked if there was any further discussion on the motion to table the Item.

Districts 1, 2, 3 and 5 voted AYE.

Commissioner Henley voted NAY._-1_

BUSINESS SPOTLIGHT

The Business Spotlight video for Paul Mitchell The School, Orlando, was presented.

AWARDS AND PRESENTATIONS (CONTINUED)

Item #2 2016-504

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt appropriate Resolution #2016-R-194 recognizing Ruth Hazard for 33 years of service and dedication to Seminole County and its citizens.

Districts 1, 2, 3, 4 and 5 voted AYE.

Ms. Hazard addressed the Board to thank them for their recognition.

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Item #3 2016-496

Motion by Commissioner Henley, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-195 recognizing Toni Rowland, Resource Management Department, for 35 years of service to Seminole County Government and its citizens.

Districts 1, 2, 3, 4 and 5 voted AYE.

Ms. Rowland addressed the Board to express her appreciation.

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Item #4 2016-485

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt appropriate Resolution #2016-R-196 recognizing Raoul David Muniz, Public Works Department, for 30 years of service to Seminole County Government and its citizens.

Districts 1, 2, 3, 4 and 5 voted AYE.

Mr. Muniz addressed the Board and discussed the history of the fiber-optic network.

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Item #5 - 2016-507

Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-197 recognizing the efforts of volunteer-based organizations following Hurricane Matthew.

Districts 1, 2, 3, 4 and 5 voted AYE.

Alan Harris, Emergency Management, Program Manager, addressed the Board and thanked all of the organizations for their service.

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Chairman Horan recessed the meeting at 10:46 a.m.; reconvening at 10:55 a.m.

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Chairman Horan recessed the meeting of the Board of County Commissioners at 10:55 a.m., and convened as the U.S. Hwy 17-92 Community Redevelopment Agency.

U.S. 17-92 CRA

Agenda Item #6 A-2912-16

Tricia Setzer, Economic Development, Chief Administrator, on behalf of Sonia Fonseca, CRA Program Manager, addressed the Board to present the request as outlined in the Agenda Memorandum.

Ms. Setzer advised the CRA approved the request for funding to design and construct Spartan Drive improvements on October 14, 2014. However, delays resulting from the widening of U.S. 17-92 by FDOT require reallocation of funds. Therefore, staff recommends approval of the reallocation to complete the left-only turn lane.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the reallocation of funding requested by Seminole County to complete the design and construction of a left-only turn lane at the intersection of Spartan Road and U.S. 17-92 at a cost not to exceed $375,000.

With regard to public participation, no one spoke in support or in opposition and public input was closed.

Commissioner Dallari confirmed with Jean Jreij, Director of Public Works, that the cost includes any and all utility relocations.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Agenda Item #6A A-3056-16

Pamela Lynch, Economic Development, Business Development Manager, on behalf of Sonia Fonseca, CRA Program Manager, addressed the Board to explain that traditionally the CRA has carryforward funds that are attached to various projects that are not yet expended. This is necessary because the CRA operates on a reimbursement basis for multi-year projects. Staff recommends the Board approve and authorize the Chairman to execute a Resolution implementing FY 2016/17 Budget Amendment Request (BAR) #17-022 through the 17-92 CRA fund in the amount of $5,504,076 to carryforward project balances from FY 2015/16 to FY 2016/17.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve appropriate Resolution #2016-R-198 implementing FY 2016/17 Budget Amendment Request (BAR) #17-022 through the 17-92 CRA Fund in the amount of $5,504,076 to carryforward project balances from FY 2015/16 to FY 2016/17.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Horan adjourned the meeting of the U.S. 17-92 Community Redevelopment Agency at 11:00 a.m., and reconvened the meeting of the Board of County Commissioners.

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Ms. _%_Guillet stated there _@1__@1__@1_are _@1_two _@3_deletions _A#1_from the _A$2__%_Consent_%_ Agenda: _#_Item _A&1__A'1_#7_A(1_, _%_Zoo _%_Lease, which _A)1_will _A*1_be _A+1_brought _A,1_back _A-1_to the _A.1__#_Board for_A/1_ _A01_consideration_A11_ on _%_January 10; and _%_Item #31,_%__%_ Investment _%_Policy, which will be brought back to the _%_Board for consideration on _%_January 24. _#_There are four additions to the _%_Consent _%_Agenda: _%_Item _%_#12-A, _%_Employee _%_Benefit _%_Plans; _%_Item _%_#12-B, authorization o_A11_f golf cart use in relation to a tournament along _%_South _%_Sylvan _%_Lake _%_Road; _%_Item _%_#21-A, acceptance of additional funds for the _%_SHIP _%_Program; and _%_Item _%_#38-A, proposed _%_Budget _%_Amendment and authorization for an _%_Amendment to the _%_Grant _%_Agreement with _%_Leadership _%_Seminole relating to the _%_homelessness strategy.

With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.

 

 

COUNTY MANAGERS CONSENT AGENDA

Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve the following:

County Managers Office

Business Office

7. Pulled from the Agenda request to approve the Third Amendment to the Lease Agreement with the Central Florida Zoological Society, Inc. (A-3019-16)

Animal Services Division

8. Approve and authorize the Chairman to execute the Mutual Termination Agreement for crematorium use with the Pet Alliance of Greater Orlando, Inc. (A-2901-16)

9. Approve and authorize the Chairman to execute an Interlocal Agreement with the Seminole County Sheriffs Office re: public service workers and the Seminole County Animal Services Division. (A-3025-16)

Economic Development Division

10. Approve the funding request from Hispanic Business Initiative Fund of Florida, Inc. (HBIF), in the amount of $60,000, to provide bilingual business training services. (A-2969-16)

11. Approve and authorize the Chairman to execute the Partnership Agreement between Seminole County and the University of Central Florida Research Foundation, Inc., in the amount of $240,000, for FY 2016/17, for the purpose of supporting the UCF Business Incubator - Winter Springs. (A-2854-16)

 

Community Services

Emergency Management Division

12. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-199 and the Intergovernmental Communications Tower Lease Agreement between Seminole County and Volusia County. (A-2899-16)

Human Resources Division

12A. Approve the renewal of the following employee benefit plans and authorize the County Manager to execute required documents: Long-Term Disability (Reliance Standard Exhibit A), Basic Life Insurance (The Standard Exhibit A), Supplemental Life Insurance (The Standard Exhibit A), Voluntary Short-Term Disability (The Standard Exhibit A), Flexible Spending Accounts (Chard Snyder Exhibit A), COBRA Administration (Chard Snyder Exhibit A). (A-3043-16)

Tourism Division

12B. Approve appropriate Resolution #2016-R-200 providing authorization to allow tournament staff and personnel to drive event golf carts on the section of Lake Markham Road and South Sylvan Lake Drive as more specifically depicted on the attached Exhibit A. (A-3048-16)

Business Office

13. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-201 to amend Administrative Code Section 4.6(C) Membership Structure and appoint the new representatives for vacant board positions in accordance with the guidelines established as follows: Gina Creighton, Sarah Lightell, and June Wilson. (A-2893-16)

14. Approve an Amendment to the current approved Citizen Participation Plan in order to be consistent with updated regulatory requirements established by the U.S. Department of Housing and Urban Development (HUD), and authorize Community Services Department staff to submit a copy to HUD. (A-3029-16)

15. Approve and authorize staff to submit the Consolidated Annual Performance Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) consistent with regulatory reporting requirements, and subject to administrative adjustments per HUD directives, to meet the December 30, 2016, deadline. (A-2952-16)

Community Assistance Division

16. Approve and authorize the Chairman to execute the Federally Funded Subgrant Agreement for the 2016-2017 Community Services Block Grant (CSBG) Award between the State of Florida Department of Economic Opportunity and Seminole County in the amount of $439,978, to provide a range of services and activities to support low income residents of Seminole County; and execute appropriate Resolution #2016-R-202 implementing Budget Amendment Request (BAR) #17-016 to recognize grant funding and establish budget. (A-2953-16)

17. Approve and authorize the Chairman to execute the First Amendment to Seminole County and The Foundation for Seminole County Public Schools Community Services Funding Agreement FY 2016-2017 to amend the scope of services. (A-2978-16)

18. Approve and authorize the Chairman to execute an Agreement with the Homeless Services Network of Central Florida for Emergency Solutions Grant (ESG) Funds in the amount of $52,008, to be used for rapid re-housing for homeless households in Seminole County. (A-3024-16)

Community Development Division

19. Approve and authorize the Chairman to execute the First Amendment to the State Housing Initiatives Partnership (SHIP) Program Agreement between Seminole County and the University of Florida Board of Trustees for the purpose of administration and operation of a Housing Counseling Services program. (A-2699-16)

20. Approve and authorize the Chairman to execute the Central Florida Commission on Homelessness Community Services Funding Agreement, FY 2016-2017 in the amount of $44,000, to provide advocacy services for the homeless population in Central Florida. (A-2995-16)

21. Approve and accept the Neighborhood Stabilization Program (NSP) Snapshot/Report pursuant to Seminole County Resolution #2013-R-61. (A-2987-16)

21A. Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program 2016-2017 Funding Certification form to receive additional funds in the amount of $360,363, which increases the total allocation to $2,810,498; execute the Housing Counseling Funding Certification to allow Seminole County to obtain an additional $63,357 in special funding as a result of the National Mortgage Settlement; and adopt appropriate Resolution #2016-R-203 implementing Budget Amendment Request (BAR) #17-020 to establish these budgets. The funds will be used in accordance with the SHIP Statute, administrative rules and the Seminole County 2016-2019 Local Housing Assistance Plan. (A-3038-16)

 

Development Services

Planning & Development Division

22. Approve the plat for the Gillio Estates subdivision containing two (2) lots on 2.63 acres zoned A-1 (Agriculture), located on the west side of Lake Markham Road, north of Markham Road; Matthew Gillio, Applicant. (A-2635-16)

23. Approve the plat for the Seranza Park subdivision containing ten (10) lots on 4.62 acres zoned R-1 (Single-Family Dwelling), located on the south side of Dike Road, approximately 1,500 feet west of Dodd Road; Jay Barfield, Applicant. (A-2927-16)

24. Authorize the Chairman to execute the Release of Lien for Code Enforcement Board Case No. 06-03-CEB, at 118 Highland Dr., Fern Park; John E. Jane, Owner. (A-2894-16)

 

Environmental Services

Solid Waste Management Division

25. Approve renewal of the Non-Exclusive Franchise Agreement for commercial solid waste collection service with Republic Services from December 13, 2016, to September 30, 2017. (A-2962-16)

 

Leisure Services

Parks & Recreation Division

26. Adopt and authorize the Chairman to execute appropriate Resolution #2016-R-204 amending certain fees set forth in Section 20.35 of the Seminole County Administrative Code related to Leisure Service Programs, Facility Rentals, Administrative and Deposits and Cancellations. (A-3011-16)

Public Works

Engineering Division

27. Adopt appropriate Resolution #2016-R-205 and authorize the Chairman to execute a County Deed conveying property (Parcel Number 116.1R) for the SR 429 (Wekiva Parkway) Right-of-Way Project; FDOT FPN 240200-2. (A-2887-16)

Traffic Engineering Division

28. Approve and authorize the Chairman to execute the State of Florida Department of Transportation (FDOT) Amendment to the Traffic Signal Maintenance and Compensation Agreement, with the revision concerning annual updates to the list of traffic signals and devices in the County. (A-3009-16)

 

 

 

 

Resource Management

Business Office

29. Approve the Countys Workers Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Pollution Liability Insurance, and Federal Flood Insurance Programs for calendar year 2017; and authorize staff to bind coverages effective January 1, 2017. (A-3012-16)

30. Approve and authorize the updated rates for Symetra, Seminole County's Stop-Loss insurance provider, as updated and provided by Symetra for the period January 1, 2017, to December 31, 2017. Stop-Loss insurance provides protection for a self-funded plan in order to protect the County against catastrophic claims. (A-2989-16)

Budget & Fiscal Management Division

31. Pulled from the Agenda request to adopt a Resolution amending Section 3.35 of the Seminole County Administrative Code regarding the Countys Investment Policy and selection of a County Investment Advisor. (A-3028-16)

32. Adopt appropriate Resolution #2016-R-206 amending Section 20.1 of the Seminole County Administrative Code to provide for the following: payment by charge cards and electronic funds transfers; clarification of county policy concerning conveyance fees; authority to the County Manager and the Board of County Commissioners to set a maximum for such convenience fees; and an effective date. (A-2757-16)

33. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-207 implementing Budget Amendment Request (BAR) #17-013 through the Public Works Grant Fund in the amount of $247,000, to recognize grant revenue for the SR 46 at Rinehart and SR 46 at Towne Center (Hickman) signal projects (FPN# 439277-1-58-01), and to provide additional funds for the SR 434 at Orange Avenue signal project through the 2014 Infrastructure Sales Tax Fund in the amount of $91,000. (A-2954-16)

34. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-208 implementing Budget Amendment Request (BAR) #17-014 through the 2001 Infrastructure Sales Tax Fund in the amount of $167,000 from fund balance for the Spring Lake Elementary Sidewalk Project. (A-2957-16)

35. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-209 implementing the Budget Amendment Request (BAR) #17-015 through the General Fund to appropriate budget of $25,000 from reserves for Moore Stephens Lovelace, P.A., to perform an audit of the Seminole County Clerk of the Circuit Courts operations for the period October 1, 2016, through December 31, 2016. (A-2963-16)

36. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-210 implementing the Budget Amendment Request (BAR) #17-017 through the General Fund to appropriate budget of $62,400 from reserves for consulting services related to Hurricane Matthew, a portion of which is eligible for FEMA reimbursement. (A-2994-16)

37. Approve and authorize the Chairman to execute the Grant Award in acceptance of the terms and conditions for the Gopher Tortoise Habitat Management Grant in the amount of $15,000 from the Florida Fish and Wildlife Conservation Commission (FWC); and authorize the County Manager to execute any related documents; and execute appropriate Resolution #2016-R-211 implementing Budget Amendment Request (BAR) #17-018 through the Natural Lands Endowment Fund, in the amount of $15,000 to recognize grant funds and establish budget. (A-2990-16)

38. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-212 implementing the Budget Amendment Request (BAR) #17-019 through various Funds in the amount of $375,000, to recognize additional revenues from investment management services provided by the County's investment advisor at a fee of 3/100 of 1% of investable funds. (A-2998-16)

38A. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-213 implementing Budget Amendment Request (BAR) #17-021 through the General Fund to appropriate $60,000 from reserves to fund a second amendment to the Grant Agreement with Leadership Seminole, to provide for continuing implementation of the Homelessness Strategy developed under the original grant; and authorize the County Manager to prepare and execute the associated grant amendment documents. (A-3039-16)

Purchasing & Contracts Division

39. Approve Amendment #1 to PS-8072-12/RTB, Engineering Services Agreement Traffic Signal Retiming with Albeck Gerken, Inc. of Tampa, to increase rates as identified in the revised Exhibit C to the Amendment. (A-2966-16)

40. Award RFP-602671-16/GCM, Term Contract for Socio Economic Data Services to The Balmoral Group, LLC, Winter Park; and authorize the Purchasing & Contracts Division to execute the Agreement. The estimated annual usage for this project is $30,000. (A-2892-16)

41. Approve Work Order #15 (CUP 8213 Monitoring) under PS-9738-14/JVP, General Environmental Consultant Services Agreement with Vanasse Hangen Brustlin, Inc. (VHB, Inc.) of Orlando, in the amount of $103,705.84; and authorize the Purchasing & Contracts Division to execute the Work Order. (A-2971-16)

42. Approve Work Order #4, Yankee Lake Motorola MOSCAD Replacements in the amount of $182,932.05; Work Order #5, Greenwood Lakes Motorola MOSCAD Replacements in the amount of $119,119.75; and Work Order #6, FY 17 SCADA and Control Systems Repairs, in the amount of $100,000 under RFP-9601-14/AMM, SCADA Asset Renewal, Rehabilitation and Replacement Services, with Revere Control Systems, Inc. of Birmingham, AL; and authorize the Purchasing & Contracts Division to execute the Work Orders. (A-2970-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

 

COUNTY ATTORNEYS AGENDA

 

Agenda Item #43 A-2914-16

Ms. Porter-Carlton stated Item #43 concerns the Legacy Point at UCF Project. This item is a Resolution for consideration by the _A1__#_Board _A1__A2_authorizing _A1_the_A3_ issuance _A1_and _A1_sale _A1_of _A1_revenue bond anticipation notes by the _%_Seminole _%_County _#_Industrial _#_Development _%_Authority_A1_ _%_(SCIDA). _%_This is required by _%_Section 147(f) of the _%_Internal _%_Revenue _%_Code as amended. _%_The required _%_Public _%_Hearing was held this morning and _%_Ms. _%_Porter-Carlton served as the authorized designated hearing officer on behalf of the _%_County. _%_She noted that no members of the public submitted comments at that _%_Public _%_Hearing, and it would be appropriate at this time for the _%_Board to consider adoption of the _%_Resolution.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute appropriate Resolution #2016-R-214 authorizing the issuance and sale of Revenue Bond Anticipation Notes (for the Legacy Pointe at UCF Project) by the Seminole County Industrial Development Authority (SCIDA), for the principal purpose of loaning the proceeds thereof to CCRC Development Corporation, to finance certain capital pre-construction development costs related to the acquisition, construction, renovation and equipping of certain senior housing and health care facilities, and to purchase the land on which such facilities will be located.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Agenda Item #44 A-3030-16

M_By2_s. _%_Porter-Carlton stated this item _B{1_is _B|1_for _B}1_consideration _B~1_by the _B1__#_Board _B1_for _B2_approval _B1_to _B1_pay _B1_attorney_B2_ fees _B1_to _B1_two _B1_law _B1_firms_B1_, _#_Gray_B3_Robinson _B1_and _B1__%_The _%_Law _%_Offices of _%_Frank _%_Kruppenbacher_B1__B1__B1__B1_, P_B1_A. _B1__#_The _B1_in_B2_voices _B1_are _B3_attached _B1_to the _B 1__#_A_B1_gend_B1_a _B2__#_Item_B1_. _%_She explained that the _B3_only portion that the _%_County _%_Attorney's _%_Office _B1_has _B1_not _B3_approved _B1_was _B1_a _B1_line _B2_item_B1__B1_ on _%_Mr. _%_Kruppenbacher's invoice that was for _B2_estimated _B2_future _B3_services _B1_not _B1_yet _B1_per_B2_formed_B1_. _B1__%_S_B1_he stated staff _B1_recommends _B4_approval _B1_of the _%_GrayRobinson invoice in the amount of $9,153.90 and the reduced amount of _%_Mr. _%_Kruppenbacher's invoice of $9,200.

Commissioner Dallari stated he will be filing a Voting Conflict Form and explained that as _B1_a _B1__#_Board _B1_member of the _%_County _%_Commission, he was under consideration of this payment o_B1_f attorney fees in defense of a motion i_B1_n which he was named in both his individual capacity and official capacity as a _%_County _%_Commissioner. _%_He added he was dismissed in that lawsuit; but because he was named in the lawsuit, he must abstain from this vote.

Motion by Commissioner Carey, seconded by Commissioner Henley, to approve payment of attorney fees to GrayRobinson in the amount of $9,153.90 and The Law Office of Frank Kruppenbacher, P.A. in the amount of $9,200.

Commissioner Dallari abstained from voting. Voting Conflict Form was received and filed.

Districts 2, 3, 4 and 5 voted AYE.

 

CONSTITUTIONAL OFFICERS CONSENT AGENDA

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:

Clerks Office

45. Approve Expenditure Approval Lists dated November 1, 8, 14, and 21, 2016; Payroll Approval List dated November 17, 2016; and the BCC Official Minutes dated October 25 and November 15, 2016. (A-3006-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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The Board noted, for information only, the following Clerks Received and Filed:

1.    Interoffice Memorandum (undated) from Human Resources Manager to Department Directors and Division Managers listing 2017 holidays for county personnel.

 

2.    Letter dated November 4, 2016 from the County Attorney to GrayRobinson Law Firm regarding the terms of the firms engagement as special counsel to Seminole County.

 

3.    Letter dated November 8, 2016 from Foley & Lardner LLP to the County Attorney regarding terms of the firms ongoing representation for a new engagement with attached Standard Engagement Agreement dated February 4, 2013.

 

4.    Letter dated October 31, 2016 from Judy Eckenroth, Tax Deed Clerk, to the Board of County Commissioners re: Tax Certificate for Lands Available for Taxes Listing, Tax Deed Sale of September 29, 2016, Parcel ID Nos. 35-19-30-517-1300-0140, 32-19-31-513-0000-0350, 33-19-31-300-041F-0000, 33-19-31-507-0000-0450, and 15-20-32-300-0010-0000.

 

5.    Letter dated November 17, 2016 from Gilmore & Bell PC to Clerks of the Circuit Court and Comptrollers of Seminole County and of Palm Beach County regarding Interlocal Agreement dated October 11, 2016 between Seminole County and Palm Beach County Health Facilities Authority.

 

6.    Letter dated November 8, 2016 from City Clerk, City of Longwood, to Clerk of the Circuit Court, Seminole County, regarding annexation Ordinance No. 16-2 in connection with Parcel No. 36-20-29-508-0X00-026A.

 

7.    Florida Public Service Commission Order #PSC-16-0496-CO-GU, Consummating Order regarding joint petition for approval of swing service rider, Docket #160085-GU, issued October 28, 2016.

 

8.    Florida Public Service Commission Order #PSC-16-0505-PAA-WS, Order Granting Increase in Rates and Requiring Four-Year Rate Reduction regarding application for limited proceeding water rate increase, Docket #150269-WS, issued October 31, 2016.

 

9.    Florida Public Service Commission Order #PSC-16-0497-CO-EI, Consummating Order regarding petition for approval of modification to and extension of the approved economic development and redevelopment rider experimental pilot tariffs, Docket #160173-EI, issued October 28, 2016.

 

10.    Florida Public Service Commission Order #PSC-16-0513-CO-EI, Consummating Order regarding petition for approval of 2016 revisions to underground residential and commercial differential tariffs, Docket #160071-EI, issued November 16, 2016.

 

11.    Seminole County Water and Sewer Fund Special Purpose Financial Statements, Years Ended September 30, 2014 and 2013.

 

12.    Audit Report No. 110116, Special Review of Senior Florida Retirement Selection (FRS), from the Clerk of the Circuit Court & Comptroller.

 

13.    Tourist Tax Funding Agreement for 2016 Top Gun Turkey Shootout with Nations Baseball of Greater Orlando, Inc.

 

14.    Tourist Tax Funding Agreement for 2016 High School Fall Nationals with Florida Travel Ball, Inc.

 

15.    Tourist Tax Funding Agreement for 2016 Pride and Glory Baseball Tournament with Nations Baseball of Greater Orlando, Inc.

 

16.    Tourist Tax Funding Agreement for 2016 Thanksgiving Turkey Shootout with Florida Half Century Amateur Softball Association, Inc.

 

17.    One Year Action Plan 2016-2017 Grant Forms: Funding Approval/Agreements (2) and Funding Agreement and HOME Investment Partnerships Agreement with the U.S. Department of Housing and Urban Development; as approved by the BCC on August 9, 2016.

 

18.    2016-2017 Community Services Agency (CSA) Partnership Grant Agreements approved by the BCC on August 9, 2016 with the following agencies: Seminole County Victims Rights Coalition, Inc. d/b/a Safehouse; Catholic Charities of Central Florida, Inc.; The Foundation for Seminole County Public Schools, Inc. (Midway Safe Harbor); Seniors First, Inc.; IMPOWER, Inc.; Kids House of Seminole, Inc.; Meals on Wheels, Etc., Inc.; Rescue Outreach Mission of Central Florida, Inc.; The Christian Sharing Center, Inc.; The Seminole County Coalition for School Readiness, Inc. d/b/a The Early Learning Coalition of Seminole; Recovery House of Central Florida, Inc.; Seminole County Bar Association Legal Aid Society, Inc.; The Kathleen Anderson Comprehensive Work Center, Inc. d/b/a Seminole Work Opportunity Program (SWOP); Heart of Florida United Way, Inc.; Lighthouse Central Florida, Inc.; and Boys & Girls Clubs of Central Florida, Inc.

 

19.    Maintenance Bonds as follows: Mitchell Creek f/k/a Dr. Edwards Stoner Way, #SU1140629, $1,802.61; La Amistad Dodd, $45,000; Fosters Grove Phase I, #SUR0035898, $12,582; SR 46 Wawa, $1,163.50; Tuskawilla Estates, $38,219.52; Hobby Lobby, $8,370; and Seranza Park, $9,362.40.

 

20.    Cash Maintenance Bond and Escrow Agreement for Paving and Drainage Improvements at Galileo Charter School for Gifted Learning in the amount of $9,243.

 

21.    Water and Sewer Bill of Sales for the following projects: Seranza Park (Morris Realty of Orlando LLC), Hobby Lobby (Equity One); and Tuscawilla Estates (Meritage Homes of Florida).

 

22.    Addendum #1 to Developers Commitment Agreement and Development Order #16-20500041, Island & Village of Geneva Rural Heritage Center, Inc.

 

23.    Development Order #16-27500032, Geneva General Store, Fenceline Holdings LLC.

 

24.    Parks Contract for Services for Amy Thomas.

 

25.    Work Order #20 to PS-0009-15 with Pegasus Engineering, Inc.

 

26.    Amendment #2 to M-0134-15 with GAI Consultants, Inc.

 

27.    Closeout to CC-0639-15 with Atlantic Civil Constructors Corp.

 

28.    Amendment #5 to Work Order #2 to PS-4202-09 with Dewberry Bowyer-Singleton.

 

29.    Amendment #8 to Work Order #32 to PS-5190-05 with CH2M Hill Engineers, Inc.

 

30.    Amendment #1 to Work Order #33 to PS-5190-05 with CH2M Hill Engineers, Inc.

 

31.    Work Order #26 to PS-7643-12 with Southeastern Surveying and Mapping Corp.

 

32.    Amendment #1 to Work Order #51 to PS-8148-12 with CDM Smith, Inc.

 

33.    Amendment #2 to Work Order #54 to PS-8148-12 with CDM Smith, Inc.

 

34.    Amendment #2 to Work Order #58 to PS-8148-12 with CDM Smith, Inc.

 

35.    Change Order #5 to Work Order #2 to RFQ-9093-13 with Wharton-Smith, Inc.

 

36.    Change Order #1 to Work Order #4 to RFQ-9093-13 with Wharton-Smith, Inc.

 

37.    Work Order #24 to CC-9192-13 with M&J Enterprises International Inc.

 

38.    Change Order #7 to CC-9226-14 with Halifax Paving.

 

39.    Amendment #5 to Work Order #2 to RFP-9601-14 with Revere Controls Systems, Inc.

 

40.    Work Order #13 to PS-9738-14 with Vanasse Hangen Brustlin, Inc.

 

41.    Work Order #14 to PS-9738-14 with Vanasse Hangen Brustlin, Inc.

 

42.    Amendment #1 to Work Order #1 to RFP-9948-14 with CH2M Hill Engineers, Inc.

 

43.    Fourth Amendment to IFB-601852-13 with Adapco, Inc.

 

44.    Second Amendment to IFB-602286-15 with Precision Power Services, Inc.

 

45.    Second Amendment to RFP-602324-15 with Major Display, Inc.

 

46.    First Amendment to IFB-602326-15 (Secondary) and First Amendment to IFB-602239 with Hertz Equipment Rental Corporation.

 

47.    First Amendment to IFB-602346-15 with Traffic Control Devices, Inc. and Chinchor Electric, Inc.

 

48.    First Amendment to IFB-602373-15 with Ameriscapes Landscape Management Services, LLC.

 

49.    Bids for RFP-602672-16 from Presidio Networked Solutions LLC and Elert & Associates.

 

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

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Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the following:

Sheriffs Office

46. Approve the expenditure of $2,500 from the Law Enforcement Trust Fund to provide a contribution to the South Seminole Sertoma Club. (A-3003-16)

47. Approve the expenditure of $5,000 from the Law Enforcement Trust Fund to provide funding in support of the Central Florida Crimeline Program. (A-2999-16)

48. Approve the expenditure of $5,000 from the Law Enforcement Trust Fund to provide a contribution to the Camaraderie Foundation in support of programs for military personnel and their families. (A-2975-16)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

REGULAR AGENDA (Continued)

Item #49 A-2896-16

Patt Hughes, Planning & Development, addressed the Board to present the item as outlined in the Agenda Memorandum. She stated that on October 28, 2016, Robert R. Ray submitted a request for a waiver of a $117,525 lien based on a financial hardship. Staff recommends approval of a total waiver to the Code Enforcement Board lien of $117,525.

Robert R. Ray, 125 Ellington Place, addressed the Board to state it was due to financial hardship and an inability to sell a second home that he had from his fathers passing. The initial notice of the lien was sent to the property address, which was vacant and has remained vacant since he passed in 2007. Chairman Horan confirmed this arose out of a probate situation from his fathers death.

Kimberlee Frank, 3220 Town and County Road, addressed the Board and stated she is the buyer and is ready to close on the property as soon as the Board rules on the item.

Speaker Request Form was received and filed.

With regard to public participation, no one else spoke in support or in opposition and public input was closed.

Motion by Commissioner Henley, seconded by Commissioner Constantine, to approve a reduction to the Code Enforcement Board lien, from $117,525 to the total administrative costs of $603.19, for Case #12-06-CEB, on the property located at 1323 Chipola Trail, Maitland, Tax Parcel ID #20-21-30-506-0400-0040, owned by Robert R. Ray II; require this reduced amount to be paid within 30 days, or the lien will revert to its original total amount of $117,525; and authorize the Chairman to execute the Release of Lien upon payment in full.

Commissioner Carey asked if the closing would occur within 30 days, and Ms. Frank answered the closing can occur today if they get the order.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Item #50 A-2895-16

Ms. _%_Hughes addressed the _%_Board to review the _%_Item as outlined in the _%_Agenda _%_Memorandum. _%_She s_D3_tated that on _%_October 31, 2016, _%_Kenneth _%_Vitagliano submitted a request for a total waiver of the $24,750 lien and reimbursement of the application fee based on a financial hardship. _%_Staff recommends the _%_Board approve a total waiver of the _%_Code _%_Enforcement _%_Board lien of $24,750.

_%_Commissioner _%_Carey asked if the property has been in continuous compliance since 2010; and _%_Ms. _%_Hughes a_D3_nswered for this case, yes. _%_Ms. _%_Hughes explained there is an older case from 1999 that is not in compliance, _%_but _%_Mr. _%_Vitagliano informed her that he is working to get that in compliance and then he will request a waiver on that lien as well. _%_Commissioner _%_Carey asked what the issue with the other property was. _%_Ms. _%_Hughes informed her it was building construction without the required permits. _%_Her understanding is that _%_Mr. _%_Vitagliano removed some siding from the house without a building permit.

_%_Commissioner _%_Carey inquired if there is a lien continuing to accrue, and _%_Ms. _%_Hughes informed her there is. _%_Ms. _%_Hughes stated the other lien is from 1999, but he could not apply for a reduction on that beca_D3_use it is not in compliance yet. _%_Commissioner _%_Carey asked if the _%_lien for the i_%_iitem today was construction without a permit. _%_Ms. _%_Hughes answered y_D3_es, building and reroofing a shed without a permit. _%_Commissioner _%_Carey confirmed with _%_Ms. _%_Hughes that Mr. Vitagliano brought this case into compliance because he got a permit in 2010.

_%__%_ Commissioner _%_Carey asked in regard to the 1999 case if _%_Mr. _%_Vitagliano has put new siding up, and _%_Ms. _%_Hughes answered no. _%_Commissioner _%_Carey inquired how someone gets into compliance when they removed siding back in 1999. _%_Ms. _%_Hughes explained they would have to obtain a permit and replace the siding. _%_Tom _%_Helle, _%_Building _%_Division, addressed the _%_Board and explained that right now _%_Mr. _%_Vitagliano does not have siding on the house but he does have the felt paper which keeps it dry, so he is not in current violation other than removing the siding. _%_The way to correct the violation is to put the siding back with a permit. _%_Commissioner _%_Carey confirmed with _%_Mr. _%_Helle that the _%_County requires a permit to remove siding even if someone isn't replacing it. _%_She asked if _%_Mr. _%_Vitagliano could come get a permit to remove the siding and not replace it. _%_Mr. _%_Helle answered that is a possibility.

_%_Commissioner _%_Carey stated_F1_ _F2_t_F2_he _%_County is _F2__F2_having him_F1_him _F1_make _F1_an _F2_application_F1_, he _F1_probably hasn't figured out how to try to bring _F1_this _F1_into _F1_com_F1_pliance_G!1_ and it doesn't sound like anybody is trying to help him. _G"1__%_S_G%1__G#1__G%1_he opined that this can be solved by_G&3__G)1_ _G*2_simply _G,3_applying _G/1_for _G01_a _G11_perm_G21_it _G31_and _G41_not _G51_re_G62_placing _G81_the _G92_siding _G;1_r_G;1_ather _G<1_than have _G=1_a _G>1_li_G>1_en _G?1_continue _G@1_to _GA4_accrue, _GE1_i_GF1_n _GG1_which case he would have to pay another $500 and ask the _%_Board to waive the fee._GH1__%_ _%_She stated as part of her recommendation she would like to suggest that _%_County staff reach out to _%_Mr. _%_Vitagliano and help him get through the_%_ process of making an application for a permit to remove the siding without replacing it and solve this issue. _%_She r_GH1_eminded staff that the _%_County is here to help people.

Motion by Commissioner Carey to approve a total waiver of the Code Enforcement Board lien of $24,750, and reimburse the $500 application fee for Case #09-141-CEB, on the property located at 161 Nova Drive, Sanford, Tax Parcel ID #21-19-29-5UM-0000-0030, and authorize the Chairman to execute the Release of Lien, Kenneth Vitagliano, Owner; and the County Manager will direct staff to immediately reach out to the owner to resolve the 1999 issue and bring that back to the Board without forcing him to pay a $500 application fee.

The motion failed for lack of a second.

Commissioner _%_Dallari stated he thinks they are two separate items. _%_He is moving in the direction that _%_Commissioner _%_Carey is going but thinks that the second $500 needs to be considered when _%_Mr. _%_Vitagliano comes back. _%_Commissioner _%_Carey explained that it is forcing him to pay the $500 as an application fee, and he gets around $300 a month to live on and woul_GH1_d have to ask for the fee to be reimbursed due to a medical hardship. _H}1_ _%_Chairman _%_Horan stated they need to try to clear up both of the problems to the extent that they can either batch these with the waiver of a fee or excuse of the fee. _%_He asked the _%_County _%_Manager for her suggestion. _%_Ms. _%_Guillet suggested if the concern is having $500 up front to resolve the upcoming issue, the _%_Board could prospectively waive it or they could credit the $500 that he has paid with the request on t_%_oday's a_%_aagenda to the second request and reimburse it when the other issue comes back to the _%_Board. _H3__%_Commissioner _%_Carey pointed out her issue with that is _%_Mr. _%_Vitagliano may be anticipating the money. _%_Ms. _%_Guillet stated since circumstances may change, the Board can consider that _%_Mr. _%_Vitagliano come before the _%_Board within_%_ the next six months in order to get that waiver and that way, there isn't a perpetual waiver of that fee and he will need to take action on it.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a total waiver of the Code Enforcement Board lien of $24,750, and reimburse the $500 application fee for Case #09-141-CEB, on the property located at 161 Nova Drive, Sanford, Tax Parcel ID #21-19-29-5UM-0000-0030, authorize the Chairman to execute the Release of Lien, Kenneth Vitagliano, Owner; the County Manager will direct staff to reach out to the owner immediately to resolve the 1999 issue; and if it comes back before the Board within the next six months, the $500 application fee shall be waived.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Horan announced there is one continuance for the 1:30 p.m. meeting. Ms. Guillet advised it is for Item #54, Chapman Apartments. Commissioner Carey confirmed with Ms. Guillet that all of the people who have an interest in that item have been notified.

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The Board recessed the meeting at 11:24 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 Jane Spencer, who were present at the Opening Session.

PROOFS OF PUBLICATION

Motion by Commissioner Henley, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

PROPOSED EVALUATION AND APPRAISAL

BASED AMENDMENTS TO THE TEXT OF THE

SEMINOLE COUNTY COMPREHENSIVE PLAN

 

Agenda Item #52 PH-2016-404

Proof of publication calling for a public hearing to consider transmittal of proposed Evaluation and Appraisal Based Amendments to the Introduction, Future Land Use, Housing, Implementation, Intergovernmental Coordination, Recreation and Open Space, and Transportation Elements of the Seminole County Comprehensive Plan, Amendment Number 2016.TXT01, received and filed.

Sheryl Stolzenberg, Planning & Development Division, addressed the Board and explained that Section 163.3191, Florida Statutes, requires an appraisal and evaluation of each local comprehensive plan at least once every seven years to determine if the plan reflects changes in state law since the last major plan update. Seminole County approved a notification letter signed by the Chairman on November 10, 2015, advising that amendments would be forthcoming to address changes in state law. The amendments proposed will bring the Seminole County Comprehensive Plan into compliance with requirements adopted in 2011 by the State Legislature to: (1) emphasize multimodal mobility throughout the Comprehensive Plan, especially public transit where feasible, and (2) demonstrate how the Countys Future Land Use pattern supports multimodal mobility. Ms. Stolzenberg summarized the proposed amendments to the Introduction Element, the Future Land Use Element, and the Intergovernmental Coordination Element as outlined in the Agenda Memorandum.

Commissioner Carey remarked that in the existing Coordination mechanism where it talks about Intergovernmental Coordination Element under Part A, it says joint planning agreement and information was added saying the coordination between counties. She pointed out that the County does not have joint planning agreements with all of the cities and there is nothing in the element that talks about advanced notification and coordination with the municipalities within the county. Commissioner Carey stated she believes they should add that to clarify since they dont have interlocal agreements with everyone. Ms. Stolzenberg noted there is a 1997 agreement with all of the cities where the County notifies the cities and the cities notify the County of things that would affect each other. Commissioner Dallari asked Ms. Stolzenberg to explain what happens when there is a development within a city bordering the County and there is an issue and the city is refusing to address it. Ms. Stolzenberg advised that the process lets the County provide comments to the city that they can take into consideration but it does not mandate that they do that. Ms. Guillet suggested that with regard to the issue of joint notification, if the agreement is from 1997 it perhaps needs to be revisited and it might be a good topic of discussion at the Mayors and Managers meeting.

With regard to advanced notification with Orange County, Commissioner Carey noted that the element only speaks to Seminole and Orange County and pointed out it could also be Lake County or Volusia County. She questioned whether Orange County is considering similar language and Ms. Stolzenberg stated that her understanding is that they did include that in their amendments that they submitted.

Commissioner Carey referred to Part D and pointed out that notices will be provided to the attention of the Planning Division Manager. She believes the notices should go to the County Manager and the County Mayor as well as the Planning Division Manager, especially on larger projects, because something could be happening down in the planning department and nobody up at the top knows about it until it hits the County Commission meeting. She thinks that all parties being notified would be helpful. Ms. Guillet agreed.

With regard to Complete Streets, Commissioner Dallari stated there are some major road widening projects happening such as I-4. He pointed out that the State is putting in sidewalks and bike lanes that are so narrow, they will never be used. The State is putting in four-foot bicycle paths. Basically they are saying Complete Streets where possible but here you have a major road with a cross road going over it and there is no consideration really for pedestrians, either walking or on a bicycle.

Ms. Guillet questioned if Commissioner Dallari is talking about projects that the State is doing. Commissioner Dallari stated he is talking about the State and the counties and the cities because the State is coordinating with the cities and the counties and everyone is saying it is fine to put in a four-foot bicycle path or a five-foot sidewalk. Discussion ensued with regard to the size of bicycle paths. Ms. Guillet advised they can look at that. Commissioner Dallari stated the right-of-way is not being taken until 2020 so there is plenty of time to do this. Ms. Guillet questioned if Commissioner Dallari is suggesting a hard and fast rule. Commissioner Dallari stated he is suggesting that they look at this; and if they are talking about Complete Streets, Complete Streets are not where feasible. He suggested they do real a comprehensive master plan (since they are doing a master plan for transportation in the county) and try to incorporate how to do real complete streets so it is both walkable, rideable, and has vehicular traffic.

Ms. Guillet noted they are now wrapping up the scope for the transportation master plan and asked if that is one of the elements that they include to look at, would that make Commissioner Dallari more comfortable. Commissioner Dallari stated there is a sidewalk going over the major road where I-4 is and there is not even a stoplight. Ms. Stolzenberg stated she can suggest something that might help resolve the dilemma. They can't do it right now but when the work for the master transportation plan is done and the definitions are given out, they can include that definition for the County's purposes in their plan where it applies to their roads that they have control over. She noted one of the things they are doing now is changing the definition of community and regional parks to reflect what the new parks master plan is saying. She suggested they could do the same thing with the transportation plan and pointed out it would apply to what the County has jurisdiction over.

Commissioner Dallari stated he wants to take a real honest approach to what truly a Complete Street is instead of just jamming in whatever the right-of-way allows. Commissioner Carey noted that MetroPlan has a division of pedestrian and bike lanes. Commissioner Dallari advised that MetroPlan follows each county's lead and what the county is asking for. Commissioner Carey advised that MetroPlan has some national standards as to what they recommend because they have fought for sidewalks and bike lanes for years. Chairman Horan stated it all goes back to the right-of-way acquisition and they can correctly identify what is needed for completed straight streets in terms of walkability and bicycle traffic.

Chris Maness, 2808 Lake Howell Lane, addressed the Board to state that the map that is being submitted for consideration has all of the major water bodies but does not have the watershed incorporated into the map. He believes the watershed is a major influence and will continue to be a major influence as water quality continues to worsen. He believes it is imperative to show where the watershed is as they are looking at the comprehensive plan. Chairman Horan requested that the County Manger note that.

Ms. Stolzenberg stated she is sure they could add a watershed map to the plan if there is not one already. Chairman Horan advised that to the extent that watershed maps already exist, they can be referenced. Commissioner Carey suggested that it could be an overlay on the lakes map.

With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to transmit the proposed Evaluation and Appraisal Based Amendments to the Introduction, Future Land Use, Housing, Implementation, Intergovernmental Coordination, Recreation and Open Space, and Transportation Elements of the Seminole County Comprehensive Plan, Amendment Number 2016.TXT01, as described in the proof of publication, and based on staff comments and comments made by the Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

SMC BUILDING REZONE/Dr. Samuel Jean

 

Agenda Item #53 PH-2016-477

Proof of publication calling for a public hearing to consider a Rezone from RP (Residential Professional) to RP (Residential Professional) for 0.67 acres, located on the south side of Wekiva Springs Road, approximately one-half mile northwest of E. Lake Brantley Drive, Dr. Samuel Jean, received and filed.

Matt Davidson, Planning & Development Division, presented the request as outlined in the Agenda Memorandum. Mr. Davidson explained that in the 1988 Development Order, medical and dental uses were excluded in order to help alleviate existing parking issues from the adjacent dental office. The Applicant at the time of the original rezone request proposed a cross access easement between the subject property and the adjacent dental office in order to allow the patients from the dental office to park on the subject property. Consequently, the medical and dental uses were prohibited on the subject property in order to prevent parking deficiencies from becoming an issue due to the proposed cross access easement. However, the proposed cross access was never constructed and the current Applicant does not plan on constructing the cross access.

Mr. Davidson stated that the Land Development Code does not have a specific parking requirement for medical or dental offices; the parking requirement for medical and dental offices is the same as general office. The subject property has adequate parking to meet code requirements. He pointed out that the Applicant is requesting to amend the original Development Order to allow for medical use and noted the request is consistent with the Land Development Code and the Comprehensive Plan. Mr. Davidson advised that the Planning & Zoning Commission voted unanimously to recommend approval and staff is recommending approval.

With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.

Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt Ordinance #2016-41 enacting a Rezone from RP (Residential Professional) to RP (Residential Professional) for 0.67 acres, located on the south side of Wekiva Springs Road, approximately one-half mile northwest of E. Lake Brantley Drive, as described in the proof of publication, Dr. Samuel Jean; Development Order.

Districts 1, 2, 3, 4 and 5 voted AYE.

CHAPMAN APARTMENTS LARGE SCALE LAND USE MAP AMENDMENT

AND REZONE/Bryan Potts (continued from November 15, 2016)

 

Agenda Item #54 PH-2016-505

Continuation of public hearing to consider a Large Scale Future Land Use Map Amendment from Industrial to Planned Development and a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development) for a mixed-use development on approximately 42.32 acres, located on the southeast corner of SR 417 and Chapman Road, as described in the proof of publication, Bryan Potts.

Brian Walker, Planning & Development Division, addressed the Board to advise the Applicant is requesting a continuance to the January 24, 2017 BCC meeting.

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 to January 24, 2017 at 1:30 p.m., or as soon thereafter as possible, the request to consider a Large Scale Future Land Use Map Amendment from Industrial to Planned Development and a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development) for a mixed-use development on approximately 42.32 acres, located on the southeast corner of SR 417 and Chapman Road, as described in the proof of publication, Bryan Potts.

Under discussion, Commissioner Dallari noted that in the Applicants request for the continuance, he stated he wanted to have a community meeting. Commissioner Dallari requested that Mr. Walker reach out to the Applicant and let them know that he would like to be involved in the community meeting if possible.

Districts 1, 2, 3, 4 and 5 voted AYE.

SAN PEDRO PD MAJOR AMENDMENT

AND REZONE/Richard Jerman

 

Agenda Item #55 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 Division, addressed the Board to present the request. Mr. Walker advised that the Applicant is requesting the rezone in order to develop the subject property as a mixed-use development and then reviewed the proposed development plan as outlined in the Agenda Memorandum. He pointed out that the property is currently part of the San Pedro Planned Development which was approved by the BCC in 2010 and discussed the proposed major amendment changes. The size of the single-family home lots and the attached townhome lots were discussed.

Mr. Walker advised that the Planning & Zoning (P&Z) Board considered this item on July 6, 2016. After that P&Z meeting, the Applicant conducted community meetings; and as a result of those meetings, several changes were made to the proposed project. Mr. Walker enumerated those changes as outlined in the Agenda Memorandum. A comparison of trip generation between the development allowed in the proposed 2010 plan and the development allowed in the proposed 2016 plan was reviewed. Mr. Walker referred the Commissioners to both the traffic analysis and the site analysis, which are contained in the Agenda Memorandum, and reviewed Buffers, Open Space, and Public School Capacity Determination.

Mr. Walker noted the proposed development is compatible with the Land Development Code and in compliance with the Comprehensive Plan. The P&Z Commission unanimously recommended approval and staff is recommending approval.

Charlie Madden, Madden Moorhead & Stokes, addressed the Board to advise that he is representing the owner of the property. He distributed an information packet (copy received and filed) and displayed The Reserve at Lake Howell chart. Mr. Madden discussed the comparisons between the 2010 Approvals and the 2016 Proposed. He also described the community meetings that were held.

Mr. Madden displayed the Concept Plan for Lake Howell Reserve map and discussed the various communities that surround the property and the communities and people that he worked with regarding the buffers and the size of the lots. He then displayed an email from Cindy Bradford Smith, who lives in Lake Ann Estates, indicating she is fine with the project with the 55-foot buffers.

Mr. Madden displayed a pre-development drainage basin map which he has supplied because some of the neighbors were concerned that some of the drainage from this project would come down through some of their properties. He next displayed a post-development map (Conceptual Outfall Exhibit for Lake Howell Reserve) which shows conceptually where the retention ponds will go.

A 2010 Working Site Plan for San Pedro Spiritual Center was displayed. Mr. Madden stated this plan was the only concept plan that was shown in 2010, and the reason it is in the information packet is because the plan does not meet the 2010 approvals, such as showing a 50-foot buffer when it ended up being a 75-foot buffer. He added there has been some discussion about the 2010 approval not being as intense as the proposed plan. Mr. Madden reviewed some of the items in the 2010 plan and pointed out there would be an anticipated ISR (impervious surface ratio) of about 80%. With the proposed plan, the anticipated overall ISR is about 65%. He emphasized that the proposed plan will have more green space than what was talked about in 2010. He next pointed out a wetland on the plan and discussed why that wetland is going to be mitigated.

An overlay plan of Lake Howell (San Pedro Center) was displayed. Mr. Madden explained that this aerial map shows that historically Lake Howell had a lot of wetland areas that went all of the way around the lake. He pointed out that everything else along the shoreline has been developed; but on this property with floodplain, lake bottom and wetland areas, they are preserving 217 acres of pristine wetlands on the banks of Lake Howell and impacting less than 12 acres of isolated wetlands. They are not impacting any wetlands that are immediately adjacent to Lake Howell.

Mr. Madden displayed the Concept Plan for Lake Howell Reserve aerial map and indicated this map provides a closer picture of the wetlands that are going to be preserved. With regard to a question that has arisen, Mr. Madden advised that they do not plan on counting any of the sovereign submerged lands (which is basically the lake bottom of Lake Howell) in the minimum 25% open space requirement.

The San Pedro/Lake Howell Reserve Developer Commitments to Surrounding Communities information sheet was displayed. Mr. Madden advised that this information sheet is a summary of all of the issues and things that have been done at the request of the neighbors. He then reviewed the items on the information sheet. The Area Density Map for Lake Howell Reserve was displayed, and the 2010 and 2016 densities for the surrounding communities were reviewed. Mr. Madden advised that all of the comparisons resulted in 3,000 less average daily trips with the current proposal when compared to the existing entitlements.

Mr. Madden stated that Meritage Homes is the front runner for the project and then displayed nine examples of product lines that are presently being built in other communities. The anticipated price range at the low end for the townhomes will be in the mid-$200s, and anticipated price for the single-family homes will be in the $300s to over $600,000 to $700,000 depending on what kind of extras folks want.

Mr. Madden noted that at the P&Z meeting an issue regarding school bus pickup was raised. He stated at this time, they are closely working with the School Board about the best way to do that. When they come back for the final PSP, the final master plan process, they will identify exactly how the school bus pickup will work. At Commissioner Dallaris request, Mr. Madden referred to the Conceptual Outfall Exhibit for Lake Howell Reserves rendering and outlined the options for school bus pickup. He reiterated they will have the plan ironed out with the School Board prior to submitting the final master plan.

Mr. Madden advised there have been a few other traffic and environmental issues. He stated that Arturo Perez will discuss some of the issues that have come up traffic-wise and Jay Baker, with Bio-Tech, will discuss sandhill cranes. Sandra Acevedo, a lifestyle community expert, will discuss the kind of community that is envisioned.

Arturo Perez, Traffic & Mobility Consultants, addressed the Board to report that his company did the traffic study for the development. Mr. Perez displayed Sheet #1 (copy received and filed) of the Intersection Improvement Concept Design and advised that after the development, they are utilizing 70% of the capacity on Howell Branch Road from Eastbrook to Dike Road. On Dike Road from Howell Branch Road to Dodd Road, they are utilizing 29% of capacity. Commissioner Dallari pointed out that Howell Branch Road stacks up at SR 436; and therefore, he asked the consultant how that could be fixed. Mr. Perez referred to Sheet #1 and advised there is available right-of-way on the north side of Howell Branch. They are proposing to shift the roadway slightly north and adding an extra left-turn lane in the eastbound direction. This would allow some of the green time to be increased for all directions by reducing the stacking for the left-turn lane. Mr. Perez reiterated that is a solution that has been provided to the County, that the County could improve this intersection.

Commissioner Dallari confirmed with Mr. Perez that these changes are not in the development; that they are off site of the development; and that the changes are something the County would have to embrace and need to do either during the development or after the development. Jean Jreij, Director of Public Works, addressed the Board to state they can program the work for the next fiscal year. He advised that he has also talked to the traffic operations engineer and they are looking at the ITI system for that intersection. Commissioner Dallari stated the issue is not that there is no capacity on Howell Branch Road; the issue is the traffic cant get through Howell Branch Road. He confirmed with Mr. Perez that one of the reasons for that issue is because of this intersection.

Mr. Perez displayed Sheet #2 (copy received and filed) of Intersection Improvement Concept Design and explained how, in the original traffic study, they proposed having a northbound through lane on Eastbrook Boulevard. Mr. Perez displayed Sheet #3 (copy received and filed) and stated that in talking to County staff, they requested the addition of a completely new left-turn lane, making the current left-turn lane the through lane, and having the existing right-turn lane remain. He stated the analysis showed that that made sense. Mr. Perez indicated on the map where the developer is willing to do an existing grass median so no right-of-way would be required and the left-turn lane could be provided. Commissioner Dallari confirmed with Mr. Perez that the improvement that he is talking about is an improvement that the developer would undertake.

Jay Baker, Bio-Tech Consulting, addressed the Board to state they have completed several evaluations for sandhill cranes on the property. They have determined there are 17 acres of legitimate nesting habitat, freshwater marsh. He remarked that 10 of the 17 acres are going to be preserved with conservation easements and displayed on the San Pedro Site Survey Area map (copy received and filed) where those areas will be. He next indicated on the map the area of wetlands that is proposed to be impacted. Mr. Baker explained why the 10 acres will be a better habitat for the sandhill cranes.

Sandra Acevedo, First Service Residential HOA Management Company, addressed the Board to state she is currently building a lifestyle program at one of Meritages communities, Watermark in Winter Garden. She described the ideas behind the lifestyle program, which will be for 20-somethings all of the way through retirees who have retired from work but not retired from life. Upon inquiry by Commissioner Dallari, Ms. Acevedo stated she has worked with five of these types of communities in the last seven years. The ultimate size of the community that she is presently working for will be 768 homes. She added that typically, with this type of community, the average percentage of the population that are retirees is 15%. Upon further inquiry by Commissioner Dallari as to why retirees want to move into these types of communities, Ms. Acevedo explained that she believes they like the idea that they can have the experiences that retirement communities provide without having to not enjoy their family as much. Several of the residents not only retire and move into the community but they bring their children and grandchildren so they can enjoy both worlds. Discussion ensued. Commissioner Dallari asked Mr. Madden what type of amenities will be in this type of facility. Mr. Madden responded that they anticipate it will be something similar to Watermark; a major clubhouse facility, ball fields, basketball courts, tennis courts, and park areas. He explained they are working through all of the programing now; and when they come back with a final master plan or PSP, they will show details on exactly what will be going in. With regard to the population of retirees, Mr. Madden stated it will be over 100 units that would probably be retirees who dont want to be segregated by themselves and would like to be around other people that are active as well.

Troy Williamson addressed the Board to state he lives in the Cedar Ridge subdivision. Mr. Williamson pointed out that with regard to this property, they have been to hearings in 2004, 2010, and 2014; and they barely got a no in 2014. He voted no to all of these because they were not within the neighborhood settings of the other neighborhoods and was something not wanted. With regard to this particular plan, he had an open mind and met with the developer, Commissioner Dallari, and the church. He explained why he believes the concessions that were made are almost ideal. He cautioned that if todays plan is not approved, the 2010 plan can go until 2017 or 2018; and they could get a whole new ballgame with new developers and investors.

Jon Jones, 1595 Lawndale Circle, addressed the Board to state he is primarily against the lifting of the 55 and Over zoning. Mr. Jones began his presentation (copy received and filed) and discussed why he is against the removal of this zoning. He discussed what will happen to the schools and traffic by adding 1,000 children. The Zoning Impacts of homes that have been added in the area from 2015 through 2017 was reviewed. Mr. Jones discussed the Assisted Living Zone Impacts and County Infrastructure. He concluded by stating prudent and timely zoning and planning is their communitys only protection.

Liz Mazza, 1949 Nottingdale Lane, addressed the Board to state she lives in the Cedar Ridge subdivision. Ms. Mazza stated when moving to the area in 1995, she was told that Seminole County had a better quality of life, better schools, less traffic, less crime, and a more natural environment. In looking around today, to her it seems that they are turning into Orange County and the slogan will need to be changed from Floridas Natural Choice to Floridas Artificial Choice. Ms. Mazza described the subject property and noted that once the proposed development is built, the land will be gone forever.

Ms. Mazza discussed the wildlife experts findings that there was no wildlife and stated that in one morning she saw a family of Florida sandhill cranes in the upper wetlands area that the developer wants to replace with three retention ponds. She wondered if a tree needs to be removed whether the developer will say it is sick or dying and then all of the beautiful trees will be gone. She discussed density and stated that a better transition needs to be provided. Ms. Mazza discussed overcrowding in schools and the problems with busing into a gated community. She emphasized that this proposed project is not ready and could be made better by the Commissioners and implored them to not approve the change in zoning at this time.

Commissioner Carey pointed out that a report regarding capacity from the School Board is a requirement for every project that the Board sees. For all of the projects that have come before, the School Board has to reserve that capacity and then let the Board know if there is capacity left.

James Stout, 2808 Lake Howell Lane, addressed the Board and presented a video (copy of QuickTime video file received and filed) depicting the subject property.

Chris Maness, 2808 Lake Howell Lane, addressed the Board to state that he appreciated each of the Commissioners taking the time to meet with him personally on this project. Mr. Maness stated there is an opportunity to fix an approval that should never have been approved; too much density continues to be a common theme throughout both of these projects. He quoted the developer, Mr. Jerman (who sits on the P&Z Commission) as saying "the 2010 plan approval might have been a mistake." Mr. Maness asked the Board to not let the 2016 plan be another mistake. He then described why he believes this project is not ready for prime time."

Mr. Maness explained how the Seminole County Comprehensive Plan, which is supposed to protect the community, is riddled at every turn with allowances for developers to push beyond land development codes. He emphasized that while the County will receive impact fees from the developer, the impact fees will not offset the magnitude of the project and what is being proposed. Mr. Maness advised that what the community wants to see with this project is reduced density and he suggested the density be reduced by 211 single-family homes. He stated this reduction in density will reduce traffic below the current 19% increase during peak hour traffic, reduce the likelihood of busing children, reduce the stress of the wetlands and wildlife mitigation, and ultimately allow more green space for the health of the community. Mr. Maness requested that the Commissioners look at the Comprehensive Plan and add language to the PD to reduce density making it ready for prime time.

Mr. Maness stated it was mentioned that none of the open space will be coming from the lake and he asked for that comment to be clarified. It was also stated that 50 feet was the maximum for homes but he has also heard 70 feet. He asked for that to be clarified. He pointed out that the map that is being shown is from 2009 and has never been approved and believes it is false to show that map to the community today.

Robert Burrows, 1376 Westdale Avenue, addressed the Board to state he is a resident of Cedar Ridge and is speaking today for himself as well as for Pam Meharg of the Audubon Society. Mr. Burrows stated the 7.44-acre wetland planned for mitigation is known by many residents and others alike as a year-round foraging habitat and seasonally known as a nesting ground for the imperiled Florida sandhill crane. He pointed out that the wildlife surveying accomplished by Bio-Tech, both recent and past, has not been performed during the sandhill crane nesting season.

Mr. Burrows proposed that approval of mitigation be denied due to the high value of the wetland and direction be given to Mr. Madden to incorporate it into their stormwater plan with special concern being given to pollution control as required by local codes; that approval of all development in the area surrounding this wetland be deferred until the 2017 Florida sandhill crane nesting season has concluded to ensure the sanctity of the habitat during this period; and that a third-party consultant be considered to survey the sandhill activity during this period to confirm the St. Johns River Water Management Districts contention that this wetland is a high quality wetland and an active Florida sandhill crane habitat.

Cynthia Burrows, 1376 Westdale Avenue, addressed the Board to state she has been a resident in the area for 28 years and has been involved in this property since the beginning of the development request back in 2004. Ms. Burrows noted that she has spoken many times in front of the Board and in front of the P&Z Commission. She stated she appreciates some of the comments that have been made about lifestyle; but in her community, the lifestyle is natural. They want this property to be protected and preserved in its natural state. That is not to say it cant be developed, but the development should be conducive to the property as it is today and not turned into a resort.

Ms. Burrows discussed the cemetery access behind Westdale Avenue and advised she would like to see that issue tabled because the cemetery has been reduced. Until it is proven that the access is necessary, she requested that it be put aside and addressed at a later time and left as 200 feet of undisturbed natural buffer behind Cedar Ridge. Ms. Burrows discussed the wildlife.

Ms. Burrows stated she would like to be involved in the process of the engineering plan and questioned if that is something the public can participate in, knowing about it and having a chance to respond to it. Tina Williamson, Development Services Director, addressed the Board to explain that the final engineering process is open to the public as far as the public can attend the Development Review Committee meeting where the projects are reviewed. The public can receive copies of the plans and all of the comments. She advised that the process is a technical review by staff and not subject to any public hearing.

At Ms. Guillets request, Ms. Williamson further explained that this is the master development plan stage, which is the overview setting maximum density and intensity. The next stage will be the final development plan which is subject to the same technical review as the final engineering plan. She reiterated that at the Development Review Committee meetings, the public can review the plans but there is no public hearing for that. Ms. Williamson stated the next step would be the final engineering for the subdivision or site plan, if it is a commercial project. The preliminary subdivision plan goes to the P&Z Commission as a technical review item.

Commissioner Carey noted that the developer isn't just at will to do what they want to do; there are a lot of different agencies that are involved in the permitting of the process in addition to the County. She asked Ms. Williamson who permits the request for the mitigation of the wetlands, and Ms. Williamson responded they will have to go through St. Johns River Water Management District for that. Commissioner Carey questioned if they have dealings with the Department of Environmental Protection, and Ms. Williamson stated it depends on the type of project; DEP may be involved but generally it is St. John's in this area. She noted that Fish and Wildlife will also be involved as far as threatened and endangered species.

Ms. Burrows asked for clarification regarding the buffers on the east side of the property and what the undisturbed portion of the church strip is. She reiterated that she is asking for the road to be completely removed and taken out of the current Amendment to the Development Order. Ms. Burrows remarked that she has been concerned about decisions being made out of fear. They want to work together and they want this development to be the best that it can be. She thinks there has been a lot of improvement, but she still thinks there are some things that can be done to help them as a community to make this the right development for the community. Ms. Burrows stated she is trusting that the Commission will do that.

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.

Chairman Horan requested that Mr. Madden address some of the issues that have been raised.

Mr. Madden displayed the Conceptual Outfall Exhibit for Lake Howell Reserve rendering and referred to the buffering against Cedar Ridge. He stated that consistent with the 2010 approval, those buffers have not changed and are 50-foot undisturbed buffers. He then referred to the 200-foot wide strip and reported that Mr. Williamson had wanted the road in the western 50 feet of the strip and the developer had agreed to do that. The rest of that is cemetery; so between that driveway and the edge of the strip, there could be cemetery there in the future. The 50-foot buffer would still be undisturbed. Mr. Madden advised that until this area is developed into a cemetery, the only development that would go in there now is the roadway in the west 50 feet.

Commissioner Carey questioned if the installation of the road was part of the agreement for the developer to put in for the Spiritual Center and the cemetery. Mr. Madden stated they will be doing that as they develop the cemetery. Commissioner Carey confirmed with Mr. Madden that the road in question will not be built tomorrow but will be built when the cemetery is developed. Mr. Madden referred to a line on the Conceptual Outfall Exhibit for Lake Howell Reserve rendering and stated his company will not be involved in anything past that line, that the Diocese will be permitting this separately from everything Mr. Maddens company is doing.

Commissioner Dallari confirmed with Mr. Madden that in order to permit the cemetery, the Diocese will have to go through Tallahassee. Upon inquiry by Commissioner Carey, Mr. Madden stated the 200-foot strip is not part of his development. He added that the plans are to have this gated and locked except when they would potentially have a big service. It would then be a way to disburse traffic. Commissioner Carey asked whether the 50 feet where they are proposing a road is on the property the Board is discussing. Mr. Madden responded it is not on the subdivision portion; it is on the Diocese property. Mr. Madden clarified for Commissioner Carey that in this overall PD Amendment, the Diocese property is included. Commissioner Carey confirmed that if the road is ever built, the Diocese is obligated to build it in the west 50 feet of the 200-foot strip. Mr. Madden then indicated on the rendering where the maintenance shed will be moved to.

With regard to the lots being 70 feet, Mr. Madden advised that they are and that was part of the agreement with Ms. Wightman. He indicated a location on the rendering and stated the lots in this area have to be 70 feet. Commissioner Carey confirmed with Mr. Madden that there will also be a 75-foot undisturbed buffer in that location. He added there is an array of different lot sizes throughout the development.

With regard to schools, Mr. Madden referred to a letter from the SCPS (copy in Agenda Memorandum) which indicates there will be 300 school children. As far as capacities, all the developer can do is get a letter from the school that they can accommodate the school children and that is what they did and that is what is required by code.

At Commissioner Dallaris request, Mr. Madden referred to an email from the Audubon Society. He stated that there is a total of about 17 acres of prime sandhill crane habitat; that 10 acres of it are going to remain; and that those 10 acres are a better habitat. Mr. Madden indicated the location of the ten acres on the Conceptual Outfall Exhibit for Lake Howell Reserve rendering. Mr. Baker discussed why the ten acres are optimal habitat for sandhill crane nesting. Mr. Madden pointed out that per St. Johns requirement, they will have to provide mitigation for the wetland. They will be constructing three lakes and they plan on putting some wetland-type species plantings around them. Mr. Madden discussed the wetlands that previously existed and currently exist around Lake Howell. He believes the fact that they are preserving 217 acres and impacting 12 isolated acres is a very responsible thing to do.

Chairman Horan stated that County staff has indicated this particular project will not have a detrimental effect on Lake Howell primarily because of the retention of the valuable wetlands, which will be retained by the project, and because whatever wetlands are being impaired by the development are being mitigated on the property. He then asked Mr. Madden if he agreed and Mr. Madden responded yes. Discussion ensued with regard to wetlands.

Chairman Horan asked Mr. Madden if this development will contribute to the MSTU that was established for the care of Lake Howell and Mr. Madden responded that it will contribute. Mr. Madden also pointed out that this is the only project on the entire perimeter of Lake Howell where individual homeowners are not going to be able to have their own docks. The entire shoreline that is within the developments boundaries will never have another dock on it other than the one community dock that is allowed. The only way anyone from the community can enjoy Lake Howell is to look at it or potentially put a kayak or canoe in off the dock.

Commissioner Carey stated she has had meetings, emails, and telephone conversations for this hearing; and it is all a part of her ex parte communications, which she is submitting into the record. Chairman Horan stated he has had phone calls and met with Mr. Maness, Ms. DiPasqua and the developer to discuss the project. He submitted his ex parte communications into the record. He stated whatever decision he makes today is based upon the facts and what he has gleaned from this public hearing today. Commissioner Henley submitted his ex parte communications into the record. Commissioner Constantine stated he has had meetings with various citizens including Mr. Maness, Ms. DiPasqua, Mr. Williamson, and the developers. He also had telephone calls and attended at least one community meeting. He then submitted his ex parte communications into the record.

Commissioner Constantine stated in the four years that he has been a Commissioner, he has never seen a development come in where the School Board has said they didn't have enough room for classroom space. That is a direct opposite to his experience in the Legislature where he never heard them say that they had enough money or enough space. He stated he is trying to find out where the disconnection is and why, with developments, they always have enough space.

Chairman Horan explained that when he was first on the Board in 2010, one of the first large controversies they had was the School Board having overbuilt. The recession had hit and there were studies in the Orlando Sentinel saying there was capacity for 76,000 students and they only had 62,000 students. He explained what Commissioner Constantine is seeing now is growth finally catching up to the extra capacity, which was created during that particular time. The School Board was able to get ahead of development. The recession hit and no one could have predicted what happened with the recession. They are now seeing the back-filling of that capacity.

Commissioner Constantine thanked Chairman Horan for his explanation. He then asked if, when the School Board does the studies, they are including not just what is in the ground but what has already been approved. Commissioner Carey responded yes, that that is part of the calculation.

Commissioner Constantine commented that every time he sees a development come in, almost everyone says they are going to try to save as many trees as they can. As one person commented and he has seen with his own eyes, it seems every tree that is in most of these developments are immediately diseased and therefore are cut down or have a problem. He emphasized that is an ongoing concern of his and he wanted to state that once again. Commissioner Constantine asked Mr. Madden to address where he is "coming from" when it comes to trees and what can be protected.

Mr. Madden stated that the pre-preservation aspect of this is a very complicated question. At this stage of the game, what they will be doing shortly, if this gets approved, is taking a concept and beginning a massaging process. They will be taking the tree survey and looking at especially the trees that are 24 inches and up. With some of the pretty trees that are on the land, it behooves them to work as hard as they can to save as many as they can. It adds value to the community, and a community with trees sells out faster than a community without trees. Mr. Madden then explained how the massaging process works as it relates to groundwater, cut-and-fill, earth work, grading, and roadways. He stated when they come back with the final master plan and the subdivision plan, they will have a specific landscape plan which shows the trees that will remain and the trees that are coming out.

Commissioner Constantine stated he believes this is a major improvement over the 2014 plan that he voted against. He believes it is a light years improvement over the 2010 plan. He thanked Mr. Madden for agreeing to have an independent evaluator of the environmental concerns and confirmed with him that will happen. Mr. Madden stated it will happen for the stormwater peer review. Commissioner Constantine referred to a discussion he had with Mr. Madden and thanked him for doing everything he could to have Florida-friendly landscaping to reduce the amount of phosphate and nitrates that would be going into the lakes on the properties that they are putting together.

Commissioner Constantine asked Mr. Madden why he cannot commit that the 7.44 acres are extremely important and noted that Mr. Bakers study was not done during the nesting time. Mr. Madden advised that the nesting time starts in January and they will be through their permitting process. Commissioner Constantine stated that if he has a choice of believing the developers environmental consultant or Audubon, he will go with Audubon as to what the most important natural wetlands are for the nesting of sandhill cranes. Mr. Madden responded that he does not believe that anywhere in the Audubon letter did it say that these other nesting areas were less approachable for the cranes than the seven acres. Commissioner Constantine again asked if they could not go further into this to see where the best location is. Mr. Madden explained that this plan is more than a bubble plan. There are roads and layouts and lots. He reiterated that this is not a bubble plan but rather is a concept plan that will be tweaked in order to maximize tree preservation.

Mr. Madden pointed out that Audubon only got involved in the last two weeks. His biologist has been looking at this for the last six months. He further explained that as they get into the permitting and get the St. Johns stormwater permit, they are going to be well into nesting season. A drone was flown over the seven acres and there were no signs of a remnant nest over the last several years. He is sure there have been sandhill cranes walking around. He referred to locations on the rendering and stated that as to where a sandhill crane would choose to have their nest, he believes it is much better from a predation standpoint to choose to put a nest at these locations. He argued that in having the cranes located in these eight acres (indicating) or in some additional acreage located here (indicating), they have a better chance of having hatchlings than if they are located where there is an open prairie where it is subject to predation.

Commissioner Constantine asked Mr. Madden if he is saying this would be a major consideration in where you put things depending upon their nesting areas. Mr. Madden replied that is not what he said. He clarified that what he said is this seven-acre wetland is going to be mitigated. Commissioner Dallari commented that from what Mr. Madden said, what the biologist said, and from what is in the letter from the Seminole Audubon Society, what is in question is the 7.44 acres. Mr. Maddens expert is saying there are ten acres that are better and pristine and are actually protected. Mr. Madden clarified that his expert is saying it is a better sandhill nesting habitat. Commissioner Carey stated it is not out in the middle of the pasture; it is in the woods. Commissioner Dallari suggested that in the Development Order or Master Plan they actually designate where those ten acres are located. Mr. Madden stated they can identify that.

Chairman Horan pointed out that whether there are sandhill cranes nesting there now or not appears to be an open question. As a pre-condition to the final engineering and final site plan approval, Chairman Horan confirmed with Mr. Madden that he will be required to do a listed species survey. Mr. Madden noted there are state and federal regulations that protect these birds. As they move forward in the permitting process, in the work that Mr. Baker is doing, this will be identified in his reporting as a better sandhill crane nesting habitat than the seven acres. If they go to develop and sandhill cranes decide to plant down, they cant touch the wetland until they are gone. They would have to stay 400 feet away.

Commissioner Constantine commented that this is a major concern and the individual citizens arent going to have as much of an opportunity to be here when the engineering and other things are done. He wanted to get it on the record that this is going to be a major consideration and concern from the developers point of view and certainly from the St. Johns River Water Management District. Commissioner Dallari stated he does not disagree with Commissioner Constantine and he believes in the overall master plan, those other ten acres should be designated as prime spots. Mr. Madden advised that they are going to be put in a permanent conservation easement.

Commissioner Constantine stated he believes this is so much better than any other project that has been brought forward. Commissioner Dallari agreed with Commissioner Constantine that this is a much better plan than the 2010 plan. He pointed out that this is not a normal development because they already have entitlements. He detailed the current entitlements and advised that they could start doing engineering and pulling permits tomorrow. Commissioner Dallari added they are actually asking for less today.

Commissioner Dallari referred to the Developer Commitments to Surrounding Communities list and stated that with regard to some of the issues that were presented today, he would like to see them in the Development Order. Mr. Madden responded that the majority of the items are in the Development Order. Commissioner Dallari explained that he wants to verify that all of the items are in the Development Order. Mr. Madden stated if some need to be added to the Development Order, he can get with Mr. Walker. He emphasized the list is part of the public record.

Commissioner Dallari noted that in reading the Development Order, he did not see anything referencing Eastbrook left-turn lanes. He wants to ensure that is taken care of as well. Mr. Madden stated he does not believe that is an appropriate thing to put in the Development Order. He looked at it because he was asked to look at it but it is something that would normally be done at the PSP stage. They were addressing some things in advance that they normally would not have. They still have to work with the Countys Public Works. Commissioner Dallari requested that Mr. Madden make a commitment to look at that and address it at the appropriate time, and Mr. Madden agreed.

Commissioner Dallari stated in looking at Mr. Maddens plans, he did not see the 34-foot wide lots that are in the Development Order. He would like to have those smaller lots removed from the Development Order. Mr. Madden stated they are not doing any lots that small and they can take that size out as long as the minimum lot size stays at 40 feet.

Commissioner Dallari explained that he has a real issue when it comes to age restricted and would like to see the definition of the Lifestyle Community in the Development Order. Mr. Madden agreed. Commissioner Dallari stated that from Ms. Acevedos statements, there is an increase of older residents that live in the community that will fit that bubble. It is not age restricted but it is an older age community. He reiterated he is not asking for age restricted. Mr. Madden confirmed it is going to be a Lifestyle Community. Commissioner Carey pointed out that the County does not have a definition of that in their Land Development Code and doesnt know how they would put it into a Development Order when they dont have a definition. Commissioner Dallari stated he would like to see something in the Development Order that they are looking at all ages, something along those lines. Mr. Madden responded that is fine because that is exactly what they are doing. Commissioner Carey pointed out that is part of the public record that they have created today. Ms. Guillet stated if they want to add language to the Development Order, she does not have any objection. She stated her concern is making sure that it is put in there in a way that it can be enforced and make sure they are complying. Commissioner Dallari stated that is not what he is asking for. He is asking for something in the Development Order that talks about this is a community of Lifestyle. It is not enforceable; but from what Mr. Maddens expert is saying, it does encourage older people to live in these communities. Commissioner Carey stated that Mr. Madden has put it on the record that this is going to be developed as a Lifestyle Community. There is nothing in the Land Development Code to require it to be a Lifestyle Community. Ms. Guillet stated, from a staff standpoint, they might be more comfortable if there is a requirement that the development be marketed as a Lifestyle Community. Commissioner Dallari responded that is fine. Mr. Madden stressed that it will be marketed as a Lifestyle Community.

Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt Ordinance #2016-42 enacting a Rezone from PD (Planned Development) to PD (Planned Development) and approve the associated Amended and Restated Development Order and Master Development Plan, 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, incorporating the changes that have been presented to the Board and what the Applicant has agreed to put into the Development Order as well as removing the small 34-foot lots from the Development Order, as described in the proof of publication, Richard Jerman.

Districts 1, 2, 3, 4 and 5 voted AYE.

Chairman Horan recessed the meeting at 4:00 p.m.; reconvening at 4:09 p.m.

MONROE ROAD PD REZONE/Mack Cotton

Agenda Item #56 PH-2016-467

Proof of publication calling for a public hearing to consider a Rezone from A‑1 (Agriculture) to PD (Planned Development) on 0.39 acres, located at the corner of Monroe Road and School Street, Mack Cotton, received and filed.

Joy Giles, Planning and Development Division, addressed the Board to explain that the Applicant is requesting a rezone in order to permit the operation of a food service catering business as a temporary use for the term of four years. Ms. Giles presented the request as outlined in the Agenda Memorandum. The Planning & Zoning Commission recommended approval and staff is recommending approval.

Commissioner Carey asked Ms. Giles how they came up with the four years of use. She knows there is road work going on but she wonders what will happen if Beyond the Ultimate gets delayed and it is six years. Ms. Giles responded that with the four-year term, the Applicant has the opportunity to come back and request an amendment to the PD to extend the years. Commissioner Carey asked if there was some magic to the four- year recommendation for a temporary development order. Ms. Giles stated it was determined by staff that it would be a good time limit to review the trend of development in the area to determine if it was still a suitable use as an ancillary use to the HIP-TI land use. Ms. Guillet confirmed with Ms. Giles that it is related to the schedule of the roadwork.

Commissioner Dallari asked if the Beyond the Ultimate takes longer than four years and the Applicant asks for the time to be extended, is there another filing fee. Ms. Giles responded there is an amendment filing fee, and for a major amendment she believes it is $1,000 to come before the Board. Commissioner Constantine asked if this is like Uncle Jones Bar-B-Que. Commissioner Carey stated the Applicant operates a food truck now and this would give him an opportunity to be in a stationary location on land that he already owns.

Thomas McKeon, 14808 Firestone Street, addressed the Board to state he is the engineer of record on this project. Mr. McKeon advised that he does have several items that he wants to bring up to the Board in regards to the previous P&Z meeting. He stated he wants to ensure that the verbiage of the rezone does not include restrictions that they are currently trying to avoid. One of the items has to do with parking. Mr. McKeon stated that his client had brought that up since it has been determined that this is a drive-through only, pick up only, and they are not required to have any bathrooms. Essentially, they don't need anybody to get out of their cars.

Mr. McKeon stated he has drawn up several plans and displayed one of the plans (copy received and filed.) He explained that this plan shows how someone could pull off Monroe, pull in to the property, pull up and get their order, and then pull through. It does not require anyone to actually get out of their car. It also allows enough extended driveway that if somebody had to wait for a moment or so before their food was ready, they could go on to the next person and get their order started.

Mr. McKeon asked if it is possible to connect his cellphone to the display screen. He noted that this information has to do with the wetlands comment and the environmental comment. It was determined that they could not connect the cellphone to the projector. Commissioner Carey pointed out there is nothing in the Development Order about wetlands. Mr. McKeon stated there was something in the P&Z meeting that said something about needing to have a wetlands person determine whether or not there are wetlands and to also have an environmentalist determine whether or not there are any environmental issues. Commissioner Carey stated that comments that are made at the P&Z meeting are just comments made by P&Z members. The Development Order is what the Board is looking at right now and there is nothing that she has seen in the Development Order that would require any kind of wetlands investigation or anything like that.

Commissioner Carey advised it is pretty "cut and dried" as to what they have to do; and there is a site plan (Exhibit A) in the Agenda Memorandum, which was drawn by Mr. McKeon, indicating the site plan that is going to be developed. Mr. McKeon stated that exhibit is the initial site plan that shows parking on it and explained they do not want to do parking because of the balance of the pervious/impervious area. There is a metal building existing on the site that will be removed. If they can do what is drawn in the plan that he is displaying, the impervious area will decrease rather than increase. If they have to add additional parking, and particularly the handicapped parking, the impervious area will increase. He pointed out there is also a concern about the floodplain; and although it is not shown on the FEMA maps, it has been brought to his attention that there is Base Flood Elevation that has been determined to be at or around 108 feet above sea level. There is a portion of the site to the east that is actually below 108 feet. They are trying to avoid stormwater issues and floodplain compensation issues. This is a very simple and small project and he believes the rendition that is being displayed shows the best way for handling the actual movement of traffic and pick up of food. He did not want any comments in the rezoning that would preclude them regarding parking.

Commissioner Carey asked where the operators of the food trucks were going to park. Mr. McKeon advised they have their own grass parking and they park right in front of their house. He added that is not part of their proposal. Ms. Guillet stated staff has not had an opportunity to review this and the potential traffic impacts. She stated if there is a proposal to revise the plan, her recommendation would be to table the item and give staff an opportunity to review it. She reiterated they need to look at what the traffic impacts might be.

Mr. McKeon pointed out that with the new rendition that he has drawn, the traffic impact will not be raised. If anything, it will be reduced. Commissioner Carey informed Mr. McKeon that nobody has had an opportunity to evaluate the plan. The staff has not had a chance to evaluate the plan and the Board members haven't had a chance to evaluate the plan. They had the plan that was drawn before and is in the Agenda Memorandum. She advised they can either move forward today on the plan that was drawn and submitted as Exhibit A or, if Mr. McKeon wants the plan he has displayed to be considered as an alternate, they can continue this item until the first meeting in January to give staff an opportunity to review and comment on it. If they recommend that plan and feel that it is okay, the Board can take it up at that time.

Mr. McKeon requested and was granted time to discuss this with his client and exited the meeting at this time.

Ms. Guillet stated she believes that perhaps some of the urgency on the part of the Applicant is because there is an ongoing code issue with respect to the business that is currently being operated right now. This is an attempt to bring it into compliance. She stated from a staff standpoint, they would support extending the time for compliance in order to give staff an opportunity to look at the new plan.

Mr. McKeon re-entered the meeting at this time.

Chairman Horan advised Mr. McKeon that he realizes this is related to a possible Code Enforcement situation. He stated the Board would be amenable to putting into abeyance any action on the Code Enforcement case until this Board has an opportunity to rehear this item, if that is the direction Mr. McKeons client wishes to go. Mr. McKeon stated that is the direction that his client wants to go.

Commissioner Carey asked that staff, when reviewing this item, look at the four years. She stated she believes ten years would be more appropriate because there is already a lot of development occurring in the area. There are some big changes that will have to occur on the Beyond the Ultimate project. Without any real leadership from their Central Florida delegation for that project, she is not sure when and if it will happen. Ms. Guillet advised they may be able to fashion a solution that considers reconsideration in a certain five years and makes it simple to extend without a fee. Commissioner Carey stated she does not want to see four years from now that the road still has not happened and the Applicant will need to pay another fee to come back into compliance.

With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.

Speaker Request Form was received and filed.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue to January 10, 2017 at 1:30 p.m., or as soon thereafter as possible, consideration of a request to adopt an Ordinance enacting a Rezone from A‑1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 0.39 acres, located at the corner of Monroe Road and School Street to have an opportunity to consider the plan that has been presented by the Applicants engineer of record, as described in the proof of publication, Mack Cotton.

Districts 1, 2, 3, 4 and 5 voted AYE.

Commissioner Carey clarified that her motion did include the discussion regarding the abeyance on any issue with Code Enforcement.

Mr. McKeon asked if his client, from now until the hearing on January 10, will be able to sell barbeque. Commissioner Dallari responded absolutely. Commissioner Carey explained that the abeyance is for the Code Enforcement action. She pointed out that the Applicant has been able to sell barbeque while he was coming into compliance and because the hearing has been continued, he will still be able to do that.

 

 

DISTRICT COMMISSIONERS REPORTS

District 3

Commissioner Constantine noted that there was what he feels is a big victory with the defeat of Sustany in Orange County. He reported that the 1,000 Friends of Florida will be hosting a free webinar concerning that project on Thursday from 12:00 to 1:30. He believes the information has already been published in many places and easily found as to how to get onto that webinar.

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Commissioner Constantine reported that on November 16, the Regional Planning Council met at their new location, which is at LYNX. There was spirited discussion between Chairman Horan and Commissioner Daniels from Orange County.

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Commissioner Constantine noted that he and Chairman Horan were at the Florida Association of Counties (FAC). He thanked the Chairman for his support for a plank in their growth management platform which, if it passes, will help other counties that were in the same situation as Seminole County by saying "supports legislation that provides a mechanism to ensure that jurisdictional impacts from large scale development projects are adequately addressed within the impacted counties prior to development approval."

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Commissioner Constantine stated that at the Wekiva River Basin Commission, both he and Commissioner Carey asked the DEP about air quality and found other avenues to do a study for the rest area; and they will pursue that. He reported that at the United Arts meeting, they disputed the distribution of funds and Mad Cow was not going to be part of it because of some of the problems they were having in their administration of their dollars.

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Motion by Commissioner Constantine, seconded by Commissioner Carey, to reappoint Rex Clonts to the Agriculture Advisory Committee; Marianne King to the Animal Control Board; Donna Bundy and Rosalie Cook to the Historical Commission; and Andrew Van Gaale to Seminole County Industrial Development Authority (SCIDA).

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Constantine reported that of the $825,000 for urban bear maintenance, Seminole County received $150,000. He believes one of the homeowners associations, Springs Landing, received $9,000.

District 4

Motion by Commissioner Henley, seconded by Commissioner Constantine, to appoint/reappoint John Lommerse and David Evans to the Agriculture Advisory Committee for two-year terms ending January 1, 2019; Stephen Browne to the Animal Control Board for a one-year term ending on January 1, 2018; Mark Wesson to the Contractor Examiners Board (Mechanical Contractor) for a one-year term ending on January 1, 2018; Carmen Bierman and Imogene Yarborough to the Historical Commission for two-year terms ending January 1, 2019; Jennifer Dane to the Planning & Zoning Commission for a four-year term ending January 1, 2021; Jason Sutton to the Parks & Preservation Advisory Committee for a three-year term ending January 1, 2020; and to adopt appropriate Resolution #2016-R-215 of Appreciation to Barbara Whittier for her services on the Parks & Preservation advisory Committee, appropriate Resolution #2016-R-216 of Appreciation to Charlie Chip Frame for his service on the Tourism Development Council; appropriate Resolution #2016-R-217 of Appreciation to Ben Tucker for his service on the Board of Adjustment; appropriate Resolution #2016-R-218 of Appreciation to Dudley Bates for his service on the Planning & Zoning Commission; and appropriate Resolution #2016-R-219 of Appreciation to Pamela Neal for her service on the Library Advisory Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

District 5

Commissioner Carey reported that on December 5 at the Wekiva Basin Commission meeting, they had some discussion with their local District 5 representatives from DOT about the $150 million that was paid by the Central Florida Expressway Authority to pay off their debt. The representatives were not aware that those funds had been paid based on the conversation that they had or that there had been any requests for them to use those funds to help move up the project of the final piece in Seminole County on the Wekiva Parkway. Commissioner Carey advised the representatives are aware of it now. She does have an upcoming meeting with the Secretary of Transportation, Mr. Boxold, when he is here for one of the local conferences; and she will talk to him about that project and others at that time.

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Commissioner Carey reported that Goldsboro had their Farmers Market grand opening on December 2. It will be a weekly event at the Westside Community Center located at 919 S. Persimmon Avenue from 2:00 until 6:00. This was sponsored by the Florida Department of Health in Seminole County in partnership with the Goldsboro Front Porch/City of Sanford as well as grant funds from Orlando Health Community grant program.

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Commissioner Carey referred to the penny sales tax sign at the Markham Woods Road improvement at the south end of Markham Woods right before you get to SR 434 and pointed out there is a little sign underneath that says "scheduled to be completed in the fall of 2016." She believes the project is now complete and suggested that if the project is complete, they should take that smaller sign down.

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Motion by Commissioner Carey, seconded by Commissioner Constantine, to appoint/reappoint Imogene Yarborough and Bob Braun to the Agriculture Advisory Committee for two-year terms; Gayle Hair to the Animal Control Board for a one-year term; Jennie Hayes to the Board of Adjustment for a four-year term; Amy Guilfoyle to the Code Enforcement Board for a three-year term; Bill Miller to the Contractor Examiner Board (Building Contractor) for a one-year term; Deanna Schott to the Contractor Examiner Board (Consumer) for a one-year term; Beverly Mason and Pasha Baker to the Historical Commission for two-year terms; Raychel Garcia and Barbara Hilderbrand to the Library Advisory Board for two-year terms; David Williamson to the Parks & Preservation Advisory Committee for a three-year term; and adopt appropriate Resolution #2016-R-220 of Appreciation to Grace Chewning for her service on the Library Advisory Board; appropriate Resolution #2016-R-221 of Appreciation to Bob Turnage for his service on the Historical Commission; and appropriate Resolution #2016-R-222 of Appreciation to Adele Burney for her service on the Library Advisory Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

District 1

Motion by Commissioner Dallari, seconded by Commissioner Carey, to appoint/reappoint John McGrath to the Animal Control Board for a one-year term; Heather Stark to the Board of Adjustment for a four-year term; Bill Young to the Contractor Examiner Board (Well Contractor) for a one-year term; Desta Horner and Paul Zuromski to the Historical Commission for two-year terms; Anne West to the Library Advisory Board for a two-year term; Matt Brown to the Planning & Zoning Commission for a four-year term; Tom Kuhn to the Seminole County Port Authority (SCOPA) for a four-year term; and adopt appropriate Resolution #2016-R-223 of Appreciation to Russ Hauck for his service on the Code Enforcement Board; and appropriate Resolution #2016-R-224 of Appreciation to Greg Pflug for his service on the Tourism Development Council.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Commissioner Dallari asked for a status update on the joint planning agreement with Orange County for McCullough Road. Chairman Horan remarked that there was a phone call on another issue with Mayor Jacobs and staff in which she specifically instructed her staff to schedule that. Commissioner Dallari asked what the other issue was. Chairman Horan explained the other issue, where Orange County called Seminole County, was in regard to affordable housing. Chairman Horan pointed out that there is a real awareness in Orange County right now about the value of Seminole County and what they can do and how valuable it is to communicate across county lines. He advised that he has scheduled a time to meet with the new Orange County Commissioner, Commissioner Bonilla.

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Commissioner Dallari reported that he had a meeting with FDOT and county staff regarding the Fire Department and Sheriff's Department referencing the managed lanes to make sure everyone is aware how the managed lanes are going to work from a public safety standpoint as well as access. He thanked the Fire Department, Public Works and Sheriff's Department for participating. Commissioner Carey stated she believes there needs to be a refresher course and suggested maybe they could put something on SGTV regarding if someone sees or hears an emergency vehicle coming behind, they are supposed to pull over and get out of the way. She sees more and more people who dont pay attention to the law and it slows down the emergency responders. She reiterated that they could put something on SGTV as a reminder that that is the law.

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Commissioner Dallari reported that the approval of the Transportation Improvement Plan (TIP) is tomorrow at MetroPlan. The one item which he and Commissioner Constantine have continued is putting the 417 on the TIP. The reason they are opposed to the item is because they are express lanes. They are getting the State to remove that from the title of that work, and they will be asking the MetroPlan board to continue the item until February. Commissioner Carey pointed out if there was a capacity issue, they could accomplish the same thing by adding an additional lane. Commissioner Dallari responded that they are okay with that and it is not a capacity issue for them. For them, it is the toll within a toll that is an issue.

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Upon inquiry by Commissioner Carey, Chairman Horan advised that there are two board appointments to the Animal Control Board, Heather Smith who is the Sheriff's rep and Dr. Stephen Wiseman who is the veterinarian. The Law Library reappointment that is coming up is Esther McKean. There is a vacancy on the Tourist Development Council. Chairman Horan stated he would entertain nominations or if the Commissioners are not ready and would like some time to think about it, they can do that. Commissioner Dallari asked if there were any objections to reappointing the people that Chairman Horan mentioned. Commissioner Carey stated that would only leave the Tourist Development Board to come back with a recommendation. Ms. Guillet stated that she knows that Trisha Setzer is trying to put together a list of possible candidates and pointed out that that particular seat is a non-hoteliers seat.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to reappoint Heather Smith and Dr. Stephen Wiseman to the Animal Control Board; and reappoint Esther McKean to the Law Library.

Districts 1, 2, 3, 4 and 5 voted AYE.

District 2

Chairman Horan listed his appointments and reappointments for Boards and Committees.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to reappoint Clay Archey and Jim Hunter to the Agriculture Advisory Committee for two-year terms commencing January 1, 2017; Bryan Wilson to the Animal Control Board for a one-year term commencing January 1, 2017; Zane Beard to the Board of Adjustment for a four-year term commencing January 1, 2017; Dan Shaw to the Contractor Examiner Board (Plumbing Contractor) to a two-year term commencing January 1, 2017; Robert Hughes to the Historical Commission to a two-year term commencing January 1, 2017; Susie Dolan to the Parks & Preservation Advisory Committee for a three-year term commencing January 1, 2017; Dana McBroom to the Seminole County Port Authority (SCOPA) for a four-year term commencing January 1, 2017; to appoint Matthew Chriswell to the Seminole County Port Authority (SCOPA) for the remainder of Bill Poes term, which expires January 1, 2020; and adopt appropriate Resolution #2016-R-225 of Appreciation to Bill Poe for his service on the Seminole County Port Authority.

Districts 1, 2, 3, 4 and 5 voted AYE.

CHAIRMANS REPORT

Chairman Horan stated he has distributed his liaison assignments (copy not received and filed), both for the Chairman and for the Board appointments. He requested a motion to confirm the BCC appointments.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to confirm the BCC appointments.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Horan reported that he will attend the Executive Committee of the Commission on Homelessness tomorrow where they will discuss the procedure and substance of several different governance structures. He discussed his attendance at the Florida Association of Counties (FAC) Legislative Conference where they adopted their legislative priorities for the year.

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Motion by Chairman Horan, seconded by Commissioner Dallari, to appoint Jean Jreij, Frank Consoli, Bill Wharton and, as their alternates, Charlie Wetzel, Anthony Nelson, and Matt Davidson to the MetroPlan Orlando Technical Advisory Committee.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Chairman Horan stated that he will be attending and presenting the trophy for the First Annual Backyard Blitz Senior Bowl, which will be the all-star football players from Seminole County against the all-star football players from Orange County. It will be December 14 at 7:00 p.m. at Showalter Field in Winter Park.

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With regard to rest areas and the issue of how far behind they are in this region in the creation, siting, and construction of freight movement infrastructure, Chairman Horan explained that it is a regional problem that requires a regional solution and serious people talking about serious problems. The rest areas in Longwood are merely a symptom of that. He stated he wants to make sure that the record is clear that this Board's position is that they are not trying to move a problem of rest areas from this county to Volusia County.

Chairman Horan explained how they are trying to get the entire region together to seriously talk about the issue and look at those particular properties and property owners that are interested. He reiterated that this has nothing to do with Seminole County trying to transfer a problem to Volusia County. They want to work together on a much larger problem than that. Commissioner Constantine opined that Volusia County is their friend and partner. Commissioner Carey stated there needs to be a large enough facility to accommodate all of the freight that moves throughout the region and it can't be where it is right now. She stated they just need to locate another spot for that. They are dependent on that freight to come through. If, in fact, the rest stop stayed open for passenger vehicles for the traveling public, that is not an issue. The issue is it is overflowing because it is not nearly sized for what the demand is. Chairman Horan stated that mobility freight infrastructure has to be addressed and is at a critical stage; that is the issue they want regional cooperation on.

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Chairman Horan referred to an article (copy not received and filed) in the paper with regard to incentives and discussed both incentives and economic growth in the county. He pointed out that over the last four years, the $7 million that the Board has committed in incentives has generated almost $300 million of capital investments, over 4,500 jobs, and over $250 million of additional wages.

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Commissioner Carey requested follow-up information from the November 15 BCC meeting regarding the hotel on Douglas that has been abandoned that staff is supposed to schedule a meeting about and talk to Altamonte Springs about. Ms. Guillet stated she had a conversation with the City Manager yesterday, who is going to follow up and speak to Valmarie Turner. She stated there may be some land use and zoning issues associated with that; that is a threshold issue as to whether it would be a permitable use. They are also looking at a compatibility use with respect to that corridor. They do have an estimate on the mold assessment; but before they move forward and expend any money, they would like to deal with some of the land use issues. Commissioner Carey pointed out that if there is an opportunity, they should probably try and seize it; and if there is not, they need to look for the next opportunity.

COMMUNICATIONS AND/OR REPORTS

The following Communications and/or Reports were received and filed:

1.    Letter dated November 8, 2016, from Michelle Longo, City Clerk, City of Longwood, to Chief Administrative Officer of Seminole County re: Annexation of Parcel #36-20-29-508-OX00-026A.

 

2.    Letter dated November 9, 2016, from Angela Apperson, City Clerk, City of Altamonte Springs, to Chairman Horan re: Voluntary Annexation of property at 704 W. SR 436.

 

3.    Letter dated November 21, 2016, from Diane Gutierrez-Scaccetti, Executive Director and Chief Executive Officer of FDOT, to Chairman Horan re: SR 408 Eastern Extension Project Development and Environmental Study (PD&E Study).

 

4.    Letter received November 21, 2016, from Petrina Tuttle-Herring, Bureau Chief, FDLE, to Chairman Horan re: Contract No. 2016-JAGC-SEMI-6-H3-110.

 

5.    Letter dated November 29, 2016, from Yvonne Mouser, GIS Technician, City of Oviedo, To Whom It May Concern, re: correcting the name of Hillcrest Street to Hillcrest Drive.

 

6.    Letter dated November 29, 2016, from Community Development Services, City of Longwood, to Chairman Horan re: Annexation of Parcels 20-20-30-502-OFOO-003B, 20-20-30-502-OFOO-0030, 20-20-30-502-OFOO-0040, 20-20-30-502-OEOO-0080, 20-20-30-502-OEOO-0090, 20-20-30-502-OFOO-003A, 29-20-30-300-001A-0000, and 29-20-30-300-0080-0000.

 

7.    Letter dated November 29, 2016, from Ray Valdes, Seminole County Tax Collector, to Chairman Horan re: Real Estate Parcels Titled in the Name of the Seminole County Tax Collector.

 

8.    Notice of Public Hearing received November 30, 2016, from the City of Lake Mary re: Planning and Zoning Board Meeting to be held on December 13, 2016, at 6:00 p.m. re: Final Subdivision Plan for Waterside II.

 

9.    Letter dated December 5, 2016, from Cindy Dick, Interim Division Director, Florida Department of Health, to Chairman Horan re: EMS Grant in the amount of $80,258.

 

10.    Letter dated December 6, 2016, from Joel Greenberg, Seminole County Tax Collector-elect, to Chairman Horan re: Objection to Transfer of all Tax Collector Real Property to County by Outgoing Tax Collector.

 

11.    Memo from Lori Griffith, Senior Administrative Assistant, St. Johns River Water Management District, to Board of County Commissioners re: 2017 Governing Board Meeting Schedule.

 

12.    Letter dated December 8, 2016, from Maryanne Morse, Clerk to the Circuit Court and Comptroller, Seminole County, to Chairman Horan re: December 13, 2016 Seminole County Commission Meeting Agenda Item #35.

 

ITEMS FOR FUTURE AGENDA

Michael Johnson, Altamonte Springs, addressed the Board to state that he lives in Rolling Hills. Mr. Johnson advised that he retired last year after 36 years with the Department of Defense. During those years, the paperwork increased to the point it became overwhelming. He discussed some of the waste and fraud with NASA and cautioned the Board that they need to keep the regulations, procedures, and processes down. He suggested they get rid of the ones that are on the books now.

Mr. Johnson stated when they shut down a business, they are shutting down their tax base. The codes and ordinances need to be rewritten to favor businesses, favor development. He stated at the same time, he is asking the Commission to also build good roads. When you go to Norway, Denmark, Germany, and Sweden, they are building roundabouts to save thousands of dollars in light costs, wrecks, and accidents. He encouraged the Board to hire people to go to Norway and look at how they design their systems. Mr. Johnson stated he is proud of the Board.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:57 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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