BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
September 11, 2018
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:34 a.m., on Tuesday, September 11, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Brenda Carey (District 5)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
Senior Assistant County Attorney Paul Chipok
Deputy Clerk Kyla Farrell
Chaplain Chris Whaley, Seminole County Fire Department Chaplain and Pastor of the First Baptist Church of Longwood, gave the Invocation. Ed Burford, Veteran Services Officer, led the Pledge of Allegiance. In honor of September 11, The Seminole County Fire Department Honor Guard conducted a flag presentation and bell ceremony.
The Business Spotlight video for Elite Simulation Solutions was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-0927
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Chief Master Sergeant Mahlon “Mal” Martin as the September 2018 Veteran of the Month.
Districts 1, 2, 3 and 5 voted AYE.
Chief Master Sergeant Mahlon “Mal” Martin addressed the Board and thanked the United States Air Force for taking him in and expressed his appreciation to the Board.
COUNTY MANAGER’S CONSENT AGENDA
County Manager Nicole Guillet announced there are two additions, Item #15A relating to Master Service Agreement PS-8148-12 with Atkins North America, Inc. and Item #15B relating to a Budget Amendment Request associated with Item #17. She noted there is one deletion, Item #7, which will be brought back on September 25.
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:
County Manager’s Office
2. Approve and authorize the Chairman to execute the Emergency Management Addressing Interlocal Agreement between Seminole County and the City of Casselberry. (2018-0931)
3. Approve and authorize the Chairman to execute the Emergency Management Addressing Interlocal Agreement between Seminole County and the City of Longwood. (2018-0891)
4. Approve and authorize the Chairman to execute a Renewal Agreement with the Homeless Services Network (HSN) of Central Florida for Emergency Solutions Grant (ESG) Funds in the amount of $104,016 to be used for Rapid Re-Housing for homeless households in Seminole County. (2018-0921)
5. Approve and authorize the Chairman to execute the First Amendment to Seminole County/Early Learning Coalition of Seminole Community Services Block Grant (CSBG) Program Child Care Services Subrecipient Agreement Program Year 2017-2018 in the amount of $17,046.12 to cover additional child care services. (2018-0922)
Planning and Development
6. Approve and authorize the Chairman to execute the Satisfaction of Pool Abatement Lien in the amount of $643.68 associated with the property located at 448 E. Highland Avenue, Altamonte Springs; filed against Julius and Sabinah Oyediran. (2018-0858)
Solid Waste Management
7. Pulled from the Agenda request to approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for A1 Assets, Inc.; Conex Recycling Corporation; Environmental One, LLC; GLE Scrap Metal-Florida, Inc.; Hubbard Construction Company dba Mid Florida Materials; Keller Outdoor Environmental Services, LLC; Orlando Waste Paper Company, Inc.; Perma-Fix of Florida; Recycling Services of Florida, Inc.; Trademark Metals Recycling LLC; and USA Services of Florida, Inc.; effective from October 1, 2018, through September 30, 2019. (2018-0909)
8. Approve the renewal of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with WCA of Florida, Inc. from October 1, 2018, to September 30, 2019. (2018-0912)
9. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-120 and the Agreement with the Florida Department of Transportation (FDOT) for the relocation of County-owned utilities in conjunction with the construction of the Wekiva Parkway, Section 7B, and a Three Party Escrow Agreement with FDOT and the Florida Department of Financial Services, to escrow the related funding. (2018-0926)
10. Approve and authorize the Chairman to execute the Exclusive Bulk Wholesale Wastewater and Reclaimed Water Service Agreement with the University of Central Florida Board of Trustees. (2018-0918)
Greenways and Natural Lands
11. Approve and authorize the Chairman to execute a Memorandum of Understanding (MOU) and Certification Application for the Florida National Scenic Trail with the United States Department of Agriculture (USDA) Forest Service National Forests in Florida. (2018-0919)
Parks and Recreation
12. Approve and authorize the Chairman to execute the Memorandum of Understanding (MOU) between Seminole County, Seminole County Historical Commission, and Seminole County Historical Society, Inc. for priority use of the County’s Building 302 for the Bill Nygren Carriage Exhibit. (2018-0932)
Purchasing & Contracts
13. Approve Amendment #1 in the amount of $114,582.92 to Work Order #7 under PS-8186-13/DRR, Continuing Engineering Services for utility improvement projects, with Atkins North America, Inc.; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2018-0905)
14. Award CC-1885-18/RTB, Rolling Hills Soil Remediation, in the amount of $944,259.33 to Handex Consulting & Remediation, LLC of Winter Park; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0825)
15. Approve Amendment #2 to Work Order #53, CEI Services for Howell Creek at Red Bug Lake Road Improvements, Segment 1, under PS-8148-12/JVP, MSA for Construction Engineering and Inspection Services (CEI), with Atkins North America, Inc. of Orlando, in the amount of $61,573.30; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2018-0906)
15A. Approve and authorize the County Manager to execute the Natural Resources Conservation (NRCS) grant documents required for grant funding execution. (2018-0943)
15B. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-121 implementing the Budget Amendment Request (BAR) #18-082 through the MSBU Fund to facilitate the deposit of $1,500,000 in escrow with the State of Florida Communities Trust as required under the Rolling Hills Remediation Escrow Agreement. (2018-0955)
Districts 1, 2, 3 and 5 voted AYE.
County Attorney’s Office
Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the following:
16. Approve the hourly rate increase for Fisher & Phillips LLP from $250 per hour to $270 per hour with the new rate commencing on October 1, 2018. (2018-0920)
17. Approve and authorize the Chairman to execute the Escrow Agreement regarding FCT Grant #03-055-FF3 between the Florida Communities Trust, a nonregulatory state agency and instrumentality within the Department of Environmental Protection, Seminole County, and the State of Florida, Department of Financial Services, Division of Treasury for the cost of the Rolling Hills Remedial Action Plan Modification. (2018-0936)
Districts 1, 2, 3 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
18. Approve Expenditure Approval Lists dated August 13 and 20, 2018; and Payroll Approval Lists dated August 9 and 23, 2018. (2018-0924)
Districts 1, 2, 3 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Animal Control Board’s Findings of Fact, Conclusions of Law, and Order for Appeal of Dangerous Dog Situation; Colin Smith.
2. Recorded copy of Resolution #2018-R-16 issuing an Order declaring the existence of a Public Nuisance at 96 Spring Street, Altamonte Springs; as approved by the BCC on January 23, 2018.
3. Educational System Impact Fee Rate Vesting Certificate #18-01800015 for Oxford Apartments; RB Jai Alai, LLC.
4. Maintenance Bond #3405343 (Streets, Curbs, Storm Drains) for Retail at Sanford in the amount of $1,110.70; Strategic Commercial Construction, LLC.
5. Receipt for Recording of Plats and Title Opinion for Rivard Estates.
6. Performance Bond #SNN4009367 (Roads, Streets, Drainage) for Riverbend at Cameron Heights in the amount of $583,164.20 and Receipt for Recording of Plats and Title Opinion; DR Horton, Inc.
7. Development Orders #18-30000059, 5454 County Fair Court, Joseph Zambito; #18-30000055, 1175 Academy Drive, Peter Goldman; #18-30000052, 181 Lake Shore Drive, Alvaro Becerra; #18-30000058, 382 Devon Place, Richard & Karen Sweat; #18-30000051, 2090 Dixie Avenue, Viola Posley; #18-30000060, 120 Bridgeview Court, Lois Wesley; #18-30000056, 2201 Driftwood Drive, Carl Tindel; #18-30000057, 2205 Driftwood Drive, Esther Mason; #18-30000053, 444 Oakhurst Street, Michelle Salinas; and #18-30000050, 2201 Sunderland Road, Grace Dimit.
8. Denial Development Order #18-30000054, 950 Kerwood Circle, Phan T. Truong and Michael D. Nguyen.
9. Tourist Tax Funding Agreements (3) with Perfect Game Youth Florida, Inc. for the Central Florida Kickoff; the Fall Nationals; and the FTB Instructional Camp.
10. Parks Contracts for Services (2) with Phil Murray and Marlon Menezes.
11. Work Order #36 to PS-0009-15 with Pegasus Engineering, Inc.
12. Amendment #2 to Work Order #2 to PS-0426-16 with England-Thims & Miller, Inc.
13. Work Order #9 to RFP-1294-17 with Pat Lynch Construction, LLC.
14. Change Order #1 to Work Order #4 to RFP-1294-17 with Blackstreet Enterprises.
15. Closeout to CC-1430-17 with MCG Services, LLC.
16. Change Order #4 to CC-1439-17 with West Construction, Inc.
17. Closeout to CC-1458-17 with Linton Enterprises, Inc.
18. PS-1822-18 Master Services Agreements (6) with Reiss Engineering, Inc.; CPH, Inc.; CH2M Hill Engineers, Inc.; Carollo Engineers, Inc.; AECOM Technical Services, Inc.; and CDM Smith, Inc.; as approved by the BCC on May 22, 2018.
19. Change Order #2 to Work Order #13 to CC-9184-13 with Affordable Development.
20. Work Order #6 to PS-9464-14 with GAI Consultants, Inc.
21. Amendment #7 to IFB-602048-14 with Design Lab, Inc.
22. Bids as follows:
CC-1968-18 from TDH Construction, Inc.; Blackstreet Enterprises; Glen Holt Aluminum, LLC; Linton Enterprises, Inc.;
CC-1893-18 from TDH Construction, Inc.; Dager Construction, Inc.; Linton Enterprises, Inc.; BSE Construction Group;
CC-2042-18 from TDH Construction, Inc.; Glen Holt Aluminum, LLC; Blackstreet Enterprises;
CC-2019-18 from Blackstreet Enterprises; Glen Holt Aluminum, LLC; Linton Enterprises, Inc.;
RFP-603150-18 from Apex Pest Control, Inc.; Luis Beato; Terminix International;
IFB-603230-18 from Florida Cleaning Systems, Inc.; D&A Building Services, Inc.; A1 Orange Exterior Building Service Company, Inc.; Blue Sky Residential and Commercial Cleaning of Florida, Inc.; and
IFB-603221-18 from Henry Schein Animal Health.
Agenda Item #19 – 2018-0917
Mary Robinson, Planning and Development, addressed the Board to present a request for a Special Event Permit for Festival del Bacalaito as outlined in the agenda memorandum.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the Special Event Permit for Festival del Bacalaito for September 29, 2018, through September 30, 2018, located at 440 Hickman Drive, Sanford, subject to staff’s recommendations; Alex Torres, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
Alex Torres, Applicant, addressed the Board and discussed the donations raised for Puerto Rico at last year’s event. He pointed out that as far as he knows, Festival del Bacalaito is the only event in Seminole County during Hispanic Heritage Month. Commissioner Dallari asked Mr. Torres to leave information regarding the event with staff so they can get the information where people can see it.
Chairman Horan announced that a memo was received from Joel Greenberg, Tax Collector, regarding collection of the Tax Roll (copy received and filed). He explained that waiting until completion of the Value Adjustment Board (VAB) hearings will delay the issuance of the 2018 tax notices for Seminole County beyond November 1, 2018; and therefore, he is recommending that the Board authorize the Tax Collector to begin collection of the 2018 Tax Roll prior to completion of the VAB hearings, per Florida State Statute 197.323.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize the Tax Collector to begin collection of the 2018 Tax Roll prior to the completion of the VAB hearings per Florida State Statute 197.323.
Districts 1, 2, 3 and 5 voted AYE.
MIDWAY-CANAAN STORMWATER DISCUSSION
Chairman Horan stated there are a number of people who want to address a non-agenda matter occurring in District 5. He explained he didn’t want to make the people come back this afternoon, and asked the County Manager to advise the people and the Board about the situation.
Ms. Guillet explained there are concerns with stormwater issues out in the Midway area, and she will have Jean Jreij, Public Works Director, talk about what staff has been doing to try to address some of those concerns. Commissioner Carey stated there is more than just a stormwater issue going on. She explained for many years, staff has been trying to work with the Midway community to improve a lot of different things. A number of years ago, the Board approved the installation of a new water system which has been ongoing. At the time they did that, Commissioner Carey tried to get the design for the sewer approved. The lots in Midway are very small and it is one of the oldest communities that the county has. Because the lots are so small and they are all on septic, putting in new septic tanks is problematic. It would be a benefit to the community to have sewer installed out there, so staff has been trying to find a way to accommodate that.
Commissioner Carey stated they have an old stormwater system. Staff has been out there and she has been working with the County Manager on not only the septic/sewer issue but also on the stormwater issue. However, as everywhere in the county, the ground is saturated, the storm system is backed up, all of the ditches are full and there is really nowhere for the water to go. Like many of the county’s communities, Midway is suffering from the effects of water with nowhere to go. Commissioner Carey advised she has talked to several people from the Midway community, and Mr. Brown called yesterday about the stormwater issue. She continues to talk to staff about it. Jimmie Beach from Public Works and staff have been on site trying to evaluate if there is anything that they can do to make sure there isn’t a clogged system or anything like that. Commissioner Carey pointed out there is a long list of things the County has done in the Midway community over the years, and there is still a long list of things they need to continue to work on through Community Services Block Grants (CSBG) and those type of things to make some changes for the positive for the community.
Mr. Jreij addressed the Board and noted Commissioner Carey summed it up perfectly. He stated staff has been working with the community. There is a lot of water at the drainage system, and it is an outdated system. His staff responds every time somebody calls to make sure the system is functioning. Mr. Jreij explained the County is doing some projects in that area. He met with the representative of the community a couple months ago, and the community sent a list of items that they would like to work with staff on. Staff reviewed those items and some of them are capital projects, so some would be more feasible than the others. Mr. Jreij advised in the future, they can sit with the community and prioritize some of the projects that the County can do. Currently for stormwater, staff is responding on a daily basis and does maintenance for stormwater to make sure the system is working.
Ms. Guillet stated they are kind of in a triage situation with the county right now because there is water everywhere. It is day-by-day trying to maintain as best staff can throughout the county. She reiterated they do have crews out in the field trying to be responsive. They will work on the capital projects and bring the Board a list of priorities so they can approve the funding.
Chairman Horan opined the main problem is the lack of communication. Staff has been so busy trying to address the problem that they have not done a good job of communicating to the public what they are doing. Staff has been doing a lot of work in that particular area and it has been a focus of capital improvements and things like that. Ms. Guillet noted if a community meeting would be helpful, staff would be happy to host one. Commissioner Carey responded Midway already has community meetings and staff was at the last one. There are representatives in the community who are well known who the Board and staff communicate with. She suggested if they wanted to send something out with the water bills, they probably could get them to accommodate some of that to get the message out. She explained they don’t have any other way to communicate other than the constituents calling in. If they are going to do something with stormwater, they’d have to do a reverse call to the entire county because, again, this is only one area of many where water is standing. Her concern would be mosquito control and making sure staff is testing in the area doing any type of treatments that they can. Commissioner Carey recently talked to Mr. Jreij about the drainage facility that the County has in that area. A number of years ago they talked about trying to enhance it, but there seemed to be some pushback about doing those types of things. She reiterated every piece of the county needs to have attention; and on the stormwater issue, there’s really not anything they can do. She expressed they need God to cooperate and stop sending so much rain.
Emory Green, Jr., 2240 Church Street, addressed the Board and submitted the Midway Basin Report (copy received and filed). He stated the report was completed in 1997, which is the last study that was done on the Midway basin pertaining to all of the issues related to the basin as well as the flooding and other concerns. It also includes some recommendations related to upgrades. It specifically states that if certain new land development uses are not addressed, the study and the recommendations become obsolete. Mr. Green submitted a map of the Midway community (received and filed). He explained all of the dots around the area are the new commercial and residential annexation properties into the city of Sanford that the City and County have allowed to take place without taking into consideration a study that may need to be done on the community as stated by the Joint Planning Agreement (JPA) that was signed by and between the City of Sanford and Seminole County.
Mr. Green stated over the past 60 days he has been meeting directly with the principals in charge of the issues including Mr. Jreij and Commissioner Carey. He submitted a document entitled “Midway-Canaan – Seminole County Email” (received and filed) and explained it is a summary showing the specific things that he has discussed with the County pertaining to stormwater and wastewater infrastructure. Mr. Green discussed his history living in the Midway area and expressed he is ashamed that after 43 years, he is raising his children on the same infrastructure that he was raised on. He had videos delivered to Public Works and Commissioner Carey of water coming out of the storm system back into the street. There are drains that are clogged. The issue is dire because the community has been on septic tanks for 40-plus years or more, and all of the sewage and stormwater is mixing and children are trying to get to school in the mess. Mr. Green advised after 60 days he has not received a written response upon request from Mr. Jreij or Commissioner Carey pertaining to the issue of what updates are taking place. He stated he begs the Board for the citizens of Midway-Canaan for help to remedy the issue. It is a flooded basin and if there is a major storm that comes anywhere close to the area, there is going to be an issue.
Rosemary Sheppard, 1971 Sipes Avenue, addressed the Board and submitted a diagram of the Seminole County Midway Canal and Stormwater Drainage Problem Areas (received and filed.) She stated the Midway-Canaan open-channel flow system of ditches, swales and drains are overwhelmed and ineffective. She discussed the reasons why the Midway-Canaan community is in desperate need of an adequate stormwater drainage system. Ms. Sheppard indicated it is well documented that the water stagnation creates a major environmental hazard as it becomes a breeding ground for dangerous bacteria, parasites, disease-carrying mosquitoes and puts children at risk that must walk to school in the middle of the street to avoid large pools of water blocking pedestrian walkways. She asked the Board to help.
Tracy Cashe, 2411 Dolarway, addressed the Board and stated he has been in the Midway area for nearly eight decades. He advised there are a lot of things that need to be looked at. On various occasions, things have been mentioned time and time again; but there is a difference between a band-aid and getting something done to really take care of the matter. He stated all of the circled areas from Mr. Green’s map submittal have all of the necessities, but Midway has nothing. Mr. Cashe opined everybody is piggybacking off of the various grants that were allocated through Midway, but Midway hasn’t received anything from them. He discussed the Midway area and advised Midway is at the bottom of an incline so everything flows down into the community. He stated it is a disaster and the residents need relief.
Ernest Brown, 2520 E. 20th Street, addressed the Board and noted he has been living in the Midway community for over 60 years. He submitted pictures (received and filed) of the stormwater drainage problem that the community continues to have. The problem didn’t start yesterday, or last week, or last month; it has been an ongoing problem for years. And the additional construction happening in and around the Midway community has only exacerbated the problem. Mr. Brown discussed how it is depressing to watch the issue continue day after day. He pays his property taxes every year without complaint, so he is here to ask the Board for help in the Midway community. He talked about the issues the water has created for him personally.
Mario Hicks, 1428 Mara Court, addressed the Board and noted he is a homeowner and business owner in the Midway community. He stated the residents are here today in reference to the issues that plague the community. The Board is the county’s elected leaders and officials that govern the community and make sure that the residents have what they are supposed to have. For far too long, the Midway residents feel as though their community has been neglected. Mr. Hicks advised the issues from the new development are causing some of the problems. He discussed the JPA between the County and the City of Sanford and pointed out the agreement stated prior to any construction being built, there may be a study to see how the new construction would impact the homeowners and business owners in the Midway community. Mr. Hicks stated he would like to know if there are funds available to get a study done; and if there are funds available to get a study done, why hasn’t it been done.
Mr. Hicks indicated the residents understand that the stormwater system and drainage system is dilapidated and old in Midway. He believes that there are funds available in the CDBG fund to make sure Midway gets its drainage and stormwater system replaced. They need the Board to do its job to make sure those funds are allocated in the right place so the residents can get relief and the quality of life can be enhanced for every citizen that lives in and visits the Midway community. The Midway community pays their taxes and are proud citizens of the county, and they are tired of accepting less than what they deserve. He advised they are looking forward to the future to make sure that their concerns are addressed in a professional and effective manner.
Mr. Hicks reiterated band-aids will not fix the problem. They need an infrastructure upgrade, and they are looking to get that very soon. He discussed impact fees from new developments and expressed Midway residents should not be subject to flooded properties due to new subdivisions on higher grounds. Mr. Hicks stated the problems are not being addressed and it is a very important matter that concerns all of the Midway community. He noted Midway has invited their District Commissioner to the community meetings but there is not always a representative there.
Chairman Horan discussed a similar meeting in 2010 and stated the same issues that seemed to have existed back then seem to exist today. Commissioner Carey advised she cannot go evaluate something because she is not an engineer, so the people she sends out to Midway are the people that need to evaluate the situation and come up with recommendations and solutions. She submitted a document (Midway Projects Funded with CDBG) of things that have occurred in Midway (received and filed). Commissioner Carey stated in regard to development regulations, the development that is occurring around Midway should be helping the situation if they are contributing to it because they now have to keep all their water on site. She reiterated when development comes in, they are not allowed to have their water continue to sheet flow onto someone else’s property; they have to contain it on site.
In regard to the drainage study that has been referenced, Commissioner Carey explained the JPA was made so that the City would provide utilities in the eastern part of Sanford and the eastern part of District 5. As such, all of the properties that are developing have to annex into the city of Sanford to get utilities; but the County does not have any utility infrastructures in that area. So the JPA really had a lot to do with how they would move and improve the roads as development came forward.
Commissioner Carey discussed the various projects the County has done since she’s been in office. She continually asks every year about when they can get the sewer project going. There are a lot of needs in the district and in the entire county that rely on funds to try to make improvements and all the money can’t go into District 5. However, a lot of the issues in some of the older communities are in District 5, so she would like to have a plan from staff so the Board knows when they will be addressed. Commissioner Carey pointed out if the ground is saturated with water, a septic tank will not work as it should; and many of the septic tanks in the Midway area are old.
Commissioner Carey advised she talks about this situation annually during the budget process and in her office with the County Manager, the head of Public Works, staff from Community Services and the Midway community. Until the Board has a recommended plan and until her colleagues would agree to support a plan to move forward over the years to come, she doesn’t have anything to tell the people of Midway. She reiterated the drainage situation is no different than it is in many parts of the county. She advised 50% of drainage in the county is ditches and swales. It is only the new developments coming in that are putting in piping and taking the ditches out. Commissioner Carey hoped that knowing the drainage situation, the engineers are taking extra precautions to make sure that the drainage is being addressed and not impacting other communities.
Mr. Green reminded that Midway is a historic community. He stated the residents have been diligent in their delivery of information which speaks to the problem, identifies the problem, and shows clearly what the residents want. They have spoken directly with staff specifically saying they want staff to come up with a study and a plan to reinvest or acquire CDBG funds to handle or remedy the stormwater problems in Midway.
Mr. Green submitted a copy of the JPA between Seminole County and the City of Sanford (received and filed). He read paragraph f (on page 7) of the agreement into the record. Mr. Green advised there hasn’t been a study done since 1997 and there are dozens of new developments that have been approved and annexed into the city by the Board. He expressed he didn’t want to come before the Board with assumptions; he has his facts in order. Mr. Green submitted a document (received and filed) he sent to Pamela Taylor, Seminole County Code Enforcement Officer, on August 18, 2006, and reviewed the document. The document notified Code Enforcement of negligence and oversight of a parcel in Midway owned by the County. He opined the document shows a pattern of neglect.
Commissioner Dallari stated in the past they have talked about sanitary systems and CDBG funds for the Midway area. He asked what the status is. Ms. Guillet advised Olivette Carter, Community Services Director, can address that. Commissioner Dallari stated he would like to see what the status of the sanitary system is because they have been allocating funds for it. Ms. Guillet replied they were initially dealing with the potable water system, but they have shifted now to the sewer system. Commissioner Carey stated the last time they had a public discussion about the issue, she was hoping they would do water and sewer design and installation at the same time. There was not enough funding to do it at that time so they felt like water was the more important of the two; therefore, the water project moved forward and has since been completed.
Commissioner Carey discussed the history of the JPA. She explained Midway-Canaan buys their water from the City of Sanford. It’s a private utility where the County upgraded the water utility infrastructure because the private utility could not afford to do it. She agreed there are issues that need to be addressed, but it isn’t that they haven’t been discussed; there is not enough money to fix all of the problems in Midway or in the communities all over the county in the same situation, historic or not. The County is aware of the issues. Staff has been out there. There is no way to solve the drainage issue. They can’t just throw a pump in and pump because it is against the rules. They would need special permission from the Water Management District and they would need to figure out where to pump it to. She reminded that the County did pump at Midway Safe Harbor and that there have been other things going on. Commissioner Carey expressed unfortunately they are not able to fix the issues overnight, so she understands the frustration of the residents.
Commissioner Carey submitted a Midway Funding Expenditure History list (received and filed) of projects that have been done in Midway over the years, and noted the list dates back to the ‘80s.
Chairman Horan stated the county has a very high water table right now. He asked if there is a health problem. They are all trying to solve a big problem, but he is hearing that they may have a health problem in terms of the drain fields, the water table level, and the drainage itself. He advised Ms. Guillet to find out from the Department of Health if they have a health problem. The Chairman advised the Department of Health needs to go out there and take a look at the situation. Commissioner Carey stated the Health Department also has grants available, so if they know there is a failing system and they have different grant funds available, they can probably figure out a solution. Chairman Horan reiterated it doesn’t matter whether or not your septic tank is operating correctly if the water table is above it. He advised there is just nowhere for the water to go because the water table is at a point where it’s just going to flow water into water.
Ms. Carter addressed the Board and stated to date, about $6.3 million in CDBG funds have been used in the Midway area. Initially in 2013, the plan was to provide CDBG funds for a water and sewer project; and it was decided at that point in time that it was too expensive. As far as CDBG, there were insufficient funds to cover both sewer and water; so it was decided that they would pursue CDBG funds just for water and they would revisit sewer at a later time. Ms. Carter explained currently, the County receives a little over $2.5 million each year for CDBG Public Facility which can be used for sewer and water. That being said, most of the water-type projects are multiple-year funding. She expressed $2.5 million is really insufficient to complete any one project, so they would definitely have to look at other funding sources besides CDBG.
Commissioner Carey advised it has to be in partnership with the City of Sanford and the residents are going to have to pay to be hooked up to the sewer system, so there are a lot of moving parts. The County needs a plan, even if it is a multi-year plan like they had for water. Commissioner Carey stated she just wants to know what the plan is.
Chairman Horan confirmed with Ms. Guillet that she has a to-do list and at the top of the list is getting the Health Department out there to assess the situation. Ms. Guillet advised the Health Department will be out there today. Commissioner Carey suggested they use Mr. Green as the point person or have him allocate someone for the Health Department to connect with and go through the community with. Mr. Green discussed the documents he would provide to the Health Department. Discussion ensued regarding problems caused by Hurricane Irma in 2017.
Chairman Horan stated first he wants to find out if there is a public health problem right now, and the next thing they need to do is come up with a plan to address the issues.
Mr. Green advised Midway will have a community meeting the first Tuesday of October. The media has been invited and he requested that Commissioner Carey attend.
Commissioner Dallari confirmed with Ms. Carter that the drinking water system has been fully restored in the Midway area and that it was completed with CDBG funds. Commissioner Carey explained the County put in a water distribution center for the Midway-Canaan water treatment facility. The City of Sanford wholesales water to the Midway-Canaan water system, and it is a private utility that provides the water to Midway. The County put the piping infrastructure in for the Midway-Canaan water system. From that point to the connection to the house, if they have an issue, it is with the Midway-Canaan water system. Commissioner Dallari replied he understands that.
Commissioner Dallari stated the County needs to be able to articulate its responsibilities for the drinking water system, the private system’s responsibilities, and the homeowners’ responsibilities. Discussion ensued regarding private utilities and water quality. Commissioner Dallari stated he is trying to make sure everyone understands who is responsible for which pipe of drinking water. Commissioner Carey replied the County has done the distribution part. Commissioner Dallari advised he would like staff to explain it to him on a briefing because he doesn’t understand it just yet.
Commissioner Dallari stated the County did an overall countywide Stormwater Master Plan. He advised staff should be looking at short-term and long-term fixes. The Commissioner suggested they ask the consultant who did the overall Stormwater Plan to work with staff and present a presentation regarding short- and long-term fixes for the Midway Area and Chairman Horan agreed.
Commissioner Carey reminded if someone needs assistance fixing a septic tank, there may be funding available. She encouraged anybody who believes they are having a septic tank issue to talk to Ms. Carter. Commissioner Carey stated she looks forward to a comprehensive report from staff.
Chairman Horan stated the problem in Midway is complicated by a number of different factors. He advised he will look at the Master Drainage Plan to see how it addresses the Midway area.
With regard to public participation, no one else in the audience spoke and public input was closed.
Speaker Request Forms were received and filed.
Commissioner Dallari confirmed with the Chairman that staff is contacting the County’s consultant on the overall Stormwater Plan. Chairman Horan requested a follow-up discussion on this issue at the next meeting. Commissioner Carey advised the next meeting will be before Midway’s community meeting so any updated information that the County can provide to the residents for that meeting or any experts that could contribute to the community meeting would be helpful. Commissioner Carey asked if the Department of Health would be doing spot inspections and checking water quality today. Ms. Guillet answered they are going to do what the Department of Health does with respect to environmental health issues.
COUNTY MANAGER AND STAFF BRIEFINGS
Ms. Guillet stated the County has been fortunate to find a very strong candidate for the Chief Information Officer/Director of Information Services position, and gratefully James Garoutsos has accepted the position. She sent the Board a memorandum with Mr. Garoutsos’ qualifications, and she is seeking confirmation from the Board of his appointment.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to confirm James Garoutsos as the Chief Information Officer/Director of Information Services based on the application received by the Board.
No objections were voiced. Chairman Horan stated the County Manager now has confirmation on that appointment without objection.
Commissioner Constantine asked Assistant County Attorney Paul Chipok to provide an update during the afternoon session on the Public Service Commission court hearing that occurred today, and Mr. Chipok advised he would.
Alan Harris, Chief Administrator of the Office of Emergency Management, addressed the Board and stated his office has been working diligently on the after-action items from Hurricane Irma. Staff put a video together to identify some of the things that they have done. It is a very small snapshot of the activities that have been taking place in all of the departments. Every department has been working on purchasing resources, training and education. Mr. Harris advised they have done a lot of public outreach and have improved some of the County’s technology. He played the informational video.
Mr. Harris discussed the current hurricane season and stated staff is already responding to hurricanes. He noted luckily none of the tropical events are forecasted to come to Seminole County; however, they will be a support arm to help other folks. Mr. Harris advised if something does come this way, staff is better trained and better prepared for whatever Mother Nature brings.
Chairman Horan congratulated Mr. Harris on his new certification which qualifies the County for a grant.
Chairman Horan recessed the meeting at 11:21 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Senior Assistant County Attorney Paul Chipok, who was replaced by County Attorney Bryant Applegate, and Deputy Clerk Kyla Farrell, who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, 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, and 5 voted AYE.
Commissioners Dallari, Carey and Constantine submitted their ex parte communication (received and filed) into the record.
ORDINANCE AMENDING SEMINOLE COUNTY CODE CHAPTER 20
ANIMAL AND FOWL – RESPONSIBLE PET OWNERSHIP
Agenda Item #20 – 2018-0934
ANIMAL SERVICES ADMINISTRATE CODE
FEE RESOLUTION (non-public hearing)
Agenda Item #21 – 2018-0933
Proof of publication calling for a public hearing to consider amending Chapter 20, Animal and Fowl, Seminole County Code; providing for a new definition of Aggressive Dogs to provide for penalties against dogs that attack or injure a domestic animal; and providing for greater enforcement of the Animal Control Ordinance to encourage responsible pet ownership; received and filed.
Alan Harris, Chief Administrator for the Office of Emergency Management/Animal Services, addressed the Board to present the two requests (changes to the Seminole County Administrative Code and changes to Seminole County Code, Part 1 and 2, Chapter 20, Animal and Fowl) as outlined in the Agenda Memorandums and advised that these two items will encourage responsible pet ownership. Mr. Harris reviewed the following five changes being requested for Chapter 20, Animal and Fowl: (1) administrative adjustments; (2) revise language to include a time of reference for noise complaints of 15 minutes of continuous barking; (3) revise the control of animals to require pet owners to have dogs on a leash and remove the voice command as a control method; (4) update current citation rates; and (5) add the definition of aggressive dog.
Commissioner Carey referred to line 260 of the Ordinance, which talks about a leash being eight feet long, and stated that she does not believe they should be telling people what size leash they should use. They could say they should be restrained on a leash. She also thinks they need to define a leash in the definitions. Commissioner Dallari asked Mr. Harris why they had the length of the leash at eight feet. Mr. Harris responded that currently retractable leashes can go up to 30 feet and pointed out that a dog is not under control at 30 feet. He added that Animal Control people are not out looking for those types of things. They are responding to injuries that have taken place.
Mr. Harris emphasized they are not telling people they cannot have a retractable leash; they are saying when near other people, that dog needs to be at eight feet. That is the suggested length from the American Humane Society and American Veterinarians Association. Commissioner Carey stressed that that is not what the Ordinance says. The Ordinance says that “all dogs must be restrained by a leash no longer than eight feet in length when being walked off the owner’s property.” She believes, from an enforcement standpoint, that this could be an issue. She suggested they could recommend that a dog be held within eight feet of the owner. Ms. Guillet stated their concern is making sure that folks are able to control dogs so that nobody gets hurt. It is a public safety issue above everything else. She suggested they might clarify that by saying “the dog is on a leash and they remain under the control of the owner” and added that maybe they could put in a presumption that they are under control at eight feet.
Commissioner Carey suggested they put in a definition of a leash. Ms. Guillet advised that they do have a definition of “under restraint” and it includes being leashed or tethered or confined in some other way and suggested they may use that term “under restraint” here and add the language that it is presumed that they are under restraint at eight feet. With regard to anybody that has an eight-foot or less leash, they automatically are assuming they are under restraint. It would be a judgment call if there is no one who is in immediate danger. Commissioner Dallari suggested they use the example that Mr. Harris just gave; if it is a retractable extendable leash, at the time of interaction with other animals or people there has to be a maximum of eight feet. Commissioner Carey stated it needs to be rewritten and then staff should let the Board look at it again. Ms. Guillet stated she does believe they need to put some language in there that discusses that they are presumed to be under control if they are at eight feet or less. Commissioner Carey referred to Section 20.20 and noted there was an (a) and (b) and they recently added (c). She read (b) into the record (line 304). Mr. Harris explained that this change was administrative. The title already said what (b) is saying; it was an administrative sentence to make sure they were covering what the title said later on in the body. Discussion ensued with regard to what type of animals the County has control over and what type of animals Florida Fish and Wildlife Commission (FWC) has control over.
At the request of Commissioner Dallari, Casselberry City Manager Randy Newlon addressed the Board to talk about the incident involving an aggressive dog in Casselberry that inspired this chain of events and how Casselberry then reached out to Mr. Harris. Mr. Newlon stated he understands how frustrating it is to legislate something at the local level when bound by State statute and unable to go beyond that. He believes the County did a good job of creating that middle ground and thinks there is a better chance of holding (after due process) irresponsible dog owners accountable and there is a better path to recognize an aggressive animal to be a dangerous animal with the added attention that this middle ground creates. Mr. Newlon remarked that they are grateful that the Board took this on.
Commissioner Constantine thanked Mr. Newlon and pointed out that Casselberry brought this up at a CALNO meeting and he thinks it was something that was agreed upon by all. The Commissioner stated it is his understanding this is going to cover all of the cities also, and Commissioner Dallari replied that is correct. Commissioner Constantine asked whether or not anyone has talked to the other cities about this and asked for any input or comments. Mr. Newlon stated he had not, not personally. He added that CALNO was a mechanism to do that. Commissioner Constantine wondered about the Mayors and Managers meeting. He talked about other ordinances that the County has done and then later on the cities have come back and asked why it wasn’t discussed with them.
Commissioner Constantine stated he wants to make sure the County has talked with the cities and made sure they are aware of this and that they have added their input. Mr. Harris responded that staff has had some discussions and they are also going through a process of updating their interlocal agreements so that is also in process. They are doing these both simultaneously. He advised they have contacts inside the cities that they have been working with and have had meetings with Casselberry directly and Oviedo directly while the others have just been correspondence through phone calls. Commissioner Constantine pointed out that this will impact the cities and they will have jurisdiction in some cases. He wants to make sure they are cooperating with their cities and making sure they are comfortable with this language and feel that everything is being covered.
Since the Commissioners just got a final draft late yesterday and there have been revisions discussed here today, Commissioner Carey wondered if there is some reason why they can’t come up with a final draft and circulate that to all of the cities and actually take action at the next meeting. Ms. Guillet responded that they can do that. She stated that although Mr. Harris has been working peer-to-peer, she does not want to give the misimpression that they have had formal discussions with all of the city managers because they have not. Ms. Guillet suggested if that is something the Board wants staff to do, they certainly can pursue it. They have not discussed it at the Mayors and Managers meeting and the Ordinance has not been formally circulated through that venue. Commissioner Constantine stated he wants to make sure that all seven cities are 100% in agreement with this and they are all working together. He stated the suggestion is that once the changes have been made and before it is brought to the Board, they send the Ordinance to all of the cities and make sure they are aware and comfortable. He stated he would appreciate it if Mr. Newlon would lead the charge and talk to the other city managers.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue until September 25, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to amend Chapter 20, Animal and Fowl, Seminole County Code; providing for a new definition of Aggressive Dogs to provide for penalties against dogs that attack or injure a domestic animal; and providing for greater enforcement of the Animal Control Ordinance to encourage responsible pet ownership; as described in the proof of publication.
With regard to public participation for Item #20, no one in the audience spoke in support or in opposition to either the substance of the Ordinance or the continuation and public input was closed.
Under discussion, Commissioner Carey advised that the revisions will be made and then the Ordinance will be circulated to not only this Board but also to all of the city managers and city attorneys for comment. Ms. Guillet reported that there is a Mayors and Managers meeting next week and she and Mr. Newlon can bring it up at that meeting and make sure there are no issues before it comes back to the Board.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Dallari advised that with Animal Services, one of the biggest issues is increasing the adoption rates of animals in their services. He knows Animal Services is trying to do that and they are doing a good job. The Commissioner pointed out that Animal Services has poor visibility on 17-92 and talked about how better signage on that road, such as an electronic sign, could help promote pet adoption. Chairman Horan stated he thinks that is a good idea and suggested they take a look at signage for Animal Services. No objections were voiced.
With regard to public participation for Item #21, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue until September 25, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to amend Section 20.5 of the Seminole County Administrative Code to establish a Certificate of Registration Fee for Aggressive Dogs.
Districts 1, 2, 3, and 5 voted AYE.
CITRUS STREET AND ORANGE AVENUE
RIGHT-OF-WAY VACATE/Michael Clowney
Agenda Item #22 – 2018-0875
Proof of publication calling for a public hearing to adopt the Resolution vacating and abandoning an uncut portion of the right-of-way known as Citrus Street and Orange Avenue, as recorded in Plat Book 3, page 48, in the Public Records of Seminole County, Florida, for property located northeast of North Ronald Reagan Boulevard and Orange Avenue, Sanford, Florida, Michael Clowney, Applicant, received and filed.
Joy Giles, Planning and Zoning Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Giles explained that Michael Clowney, Applicant, petitioned the County to vacate an uncut portion of the Citrus Street and Orange Avenue. The subject portion of right-of-way is adjacent to Lots 28 and 29 of Citrus Heights Subdivision, which are both owned by the Applicant. Ms. Giles reported that Public Works has submitted a letter of no objection as well as all other applicable utility companies. Public Works is requesting a 15-foot utility easement across that portion of Vacate which will be recorded with the Vacate Resolution. This request complies with all requirements for vacating a right-of-way under Section 35.184 of the Land Development Code.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Commissioner Constantine pointed out that in looking at the map, he sees that the entire right-of-way is covered by trees. He asked whether or not there has been any discussion as to what exactly the use is going to be for this if the Board does decide to abandon this. Ms. Giles responded that the right-of-way was never actually cut through; so if it is vacated, it will go back to the adjacent property owners, which are Lots 28 and 29 and is the Applicant.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt and authorize the Chairman to execute appropriate Resolution #2018-R-122 vacating and abandoning an uncut portion of the right-of-way known as Citrus Street and Orange Avenue, as recorded in Plat Book 3, page 48, in the Public Records of Seminole County, Florida, for property located northeast of North Ronald Reagan Boulevard and Orange Avenue, Sanford, Florida, as described in the proof of publication; Michael Clowney, Applicant.
Districts 1, 2, 3, and 5 voted AYE.
ALTA SEMINOLE APPEAL OF VESTING CERTIFICATE DENIAL
Agenda Item #23 – 2018-0937
Proof of publication calling for a public hearing to consider an appeal of the Denial of the Educational System Impact Fee Vesting for Alta Seminole Apartments development, located on the northeast corner of West SR 426 and Tuskawilla Road, Gregory Lee, Appellant, received and filed.
Chairman Horan reported that he understands that this item is being pulled. Ms. Guillet confirmed that it is being pulled and explained that they will re-advertise it when it comes back.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Constantine talked about the Regional Chamber of Commerce Business Awards and the Altamonte Springs 33rd Annual Eddie Rose Appreciation Awards that were given out on August 30, 2018. He congratulated all the people that won. Commissioner Dallari noted that Eddie Rose was such a moving force, not just in Altamonte but also in Seminole County, and requested that Commissioner Constantine talk about Mr. Rose and the significance of the award. Commissioner Constantine gave a brief history of Mr. Rose’s accomplishments.
Commissioner Constantine announced that the National Super Bowl of Monster Jam will be held on September 11 and 12. He added that 100,000 people are expected. There will be 40,000 room nights, and he hopes some will be in Seminole County. Commissioner Constantine announced that LYNX unveiled the Charity Bus on September 6; and of the eight charities that will be displayed on this bus, three are from Seminole County. He mentioned that Constitutional Week will be held on September 18 at Lake Howell High School and that many of the Commissioners will be speaking.
Commissioner Dallari reminded the Board that they had allowed for an overall study about traffic calming devices relating to an issue in Chuluota, especially on East 8th Street. The Commissioner reported that the questionnaire as to who wanted the devices on that road went out in August and they fell short of the required 65%. He stated he then started getting phone calls from people that live on 8th Street who did not realize they needed to send the questionnaire back in.
Commissioner Dallari asked for the Board’s indulgence to actually send the questionnaire back out and noted that he does not know if they would need to re-do it over again. Mr. Applegate stated they can send the questionnaire out. Ms. Guillet stated this is not for an MSBU but rather is for a pilot program for speed cushions. They used the 65% because that is what they use for an MSBU, but it is not a hard and fast rule. She suggested the easiest thing to do would be to contact the 35% that they did not hear from or maybe who misunderstood. She advised they can informally do it. Commissioner Constantine confirmed with Commissioner Dallari that they did get 60%. Ms. Guillet indicated that a “no response” is counted as a no; so they will reach out to the folks who did not respond. Commissioner Dallari advised he needed to come through the Board to be able to ask staff to do this and asked if they Board had any objections. No objections were voiced.
With regard to the four pilot projects, Commissioner Carey asked whether they got all of the questionnaires back from everyone else. Ms. Guillet stated with two of the projects they received 65% and with two of the projects they did not. Commissioner Carey suggested they go back and talk to the people who did not respond back. Commissioner Dallari agreed that they should go back to the two groups that were the minorities and make sure this is what they want or not want. Discussion ensued with regard to the locations of the four projects. Jean Jreij, Director of Public Works, addressed the Board to state that with Lincoln Heights they got about 42% and with 8th Street they got 60%. With regard to the other two pilot programs, they got greater than 65%. Ms. Guillet advised that staff will make sure folks understand the process.
Commissioner Carey updated the Board regarding the Central Florida Expressway Authority. She stated they are continuing to receive their $5 million a week from the FDOT on the SunPass fees and there will be a full reconciliation once everything is up and running 100%. The Commissioner discussed the widening of 417 at the University toll booth. The Notice to Proceed was issued on September 10, 2018 with an anticipated completion date of May 31, 2020.
Commissioner Carey announced that the Florida Department of Health will hold a free children’s autism screening by Nemours specialists on September 17 at the Health Department.
Chairman Horan reported that all of the Commissioners got an email, which was a response from FDOT, to an inquiry from a lady in District 4 concerning the sound attenuation walls that would be proposed for Beyond the Ultimate I-4 in the area not too far from where the truck rest areas are. The Chairman stated there are limits as to the decibel reduction you can get from a sound attenuation wall and then talked about how much right-of-way there was and whether they should be encouraging trees and landscaping. He suggested they might encourage the people in that area to look at the buffering of trees because it is amazing how much sound can be attenuated by the trees themselves. If it is okay with the rest of the Commissioners, the Chairman will get with Mr. Jreij and respond to the lady about what other options are available and what she might want to look at. He will be communicating with the FDOT as well. No objections were voiced.
Chairman Horan talked about the two rescue units that Seminole County is sending to Raleigh, North Carolina, to assist with the relocation of patients who are in the path of Hurricane Florence. The County’s Search and Rescue team is currently on standby to support recovery efforts in the areas that might be impacted by the hurricane.
Chairman Horan reported that an affordable housing project by the developer Wendover was approved by the Sanford Planning and Zoning Commission last week. He briefly described the project that will be known as Warley Park. The Chairman announced that the Sanford Porch Fest received a $1,000 grant from United Arts. He briefly described the one-day event that will be held in the residential historical district of downtown Sanford.
Chairman Horan announced that Seminole County received one of the state’s highest sports marketing tourism awards on August 29 from the Florida Recreation and Park Association (FRPA). He displayed the award and congratulated the staff of the Sports Tourism and Leisure Services Departments. A brief video was played.
Chairman Horan announced that the Lake Monroe Trail Loop will be on the September 25th BCC agenda. He mentioned that he will not be present during the day for the September 25 meeting. With regard to the SCOPA meeting that the Chairman attended, he noted that they have an issue with a boathouse that is primarily leased by Boat Tree. It is a very long-term lease agreement arrangement that allows Boat Tree to bar access to the river. They pay about $7,000 per month, but they will need to do several hundreds of thousands of dollars of improvements to that building. Chairman Horan noted the money is in SCOPA’s budget so whatever is budgeted to come back to the BCC next year includes that major expenditure. A brief discussion ensued regarding SCOPA’s success.
NO COMMUNICATIONS AND/OR REPORTS WERE RECEIVED
COUNTY ATTORNEY’S REPORT
In response to Commissioner Constantine’s question from the morning session, Mr. Applegate reported that he sent Lynn Porter-Carlton to Tallahassee to observe both the DJJ and the Public Service Commission oral arguments that were being heard before the 4th DCA. He will report individually to each of the Commissioners Ms. Porter-Carlton’s thoughts as well as outside counsel’s thoughts on the arguments.
ITEMS FOR FUTURE AGENDA
Barbara Buresh, 3381 Eaglewoods Trail, addressed the Board to discuss an item that went to the Board of Adjustment (BOA), the Galileo School project. She noted that a number of the residents have sent emails to the Commissioners regarding this. Mr. Applegate pointed out this might be coming to the Board in the form of an appeal. Commissioner Carey stated the 15-day appeal process has not ended. She stated this used to be in her district but is now in Chairman Horan’s district. She did get calls before the item went to the Board of Adjustment and described what was being requested at BOA.
Ms. Buresh pointed out that when they went before the BOA, it was mentioned by the BOA Chairman that to put in an elementary-only school, it would require 15 acres. She talked about her efforts to try to determine if that is correct because that is a 10.1-acre lot; so they should not be able to put the school there. Ms. Buresh discussed some of the concerns that she and her neighbors have and why they are completely against building an elementary school there. Chairman Horan advised Ms. Buresh that the Board appreciates her comments and will take note of them. He added that at this particular time, it is difficult for the Board to comment on something that is not in front of them, either by a development application or the possibility of an appeal. Since the Board may be acting in the future in a quasi-judicial capacity, it is very difficult for the Board to comment. Ms. Guillet suggested that Ms. Buresh meet with Ms. Hammel from the Planning Department, who is seated in the rear of the auditorium, so Ms. Hammel can answer Ms. Buresh’s questions about the 15 acres versus 10 acres.
Speaker Request Form was received and filed.
Andre Klass, 3250 Retreat View Circle, addressed the Board and stated he is the Libertarian candidate running for County Commission District 5 in the 2020 election. Ms. Klass explained that it has been brought to his attention that some of the residents of Seminole County have not been represented as well as he believes they should be. He discussed a community meeting he attended in Midway and stated he was flabbergasted by some of the things he found out about some of the issues with stormwater flowing up from the drains and into the streets, with community facilities that are supposed to be managed by the County that have some pest infestation, and that overall the people in Midway do not feel like they are being adequately represented. Mr. Klass talked about the need for all residents to be represented by their government.
Speaker Request Form was received and filed.
Chairman Horan announced the County has received $177,000 from FWC for bear cans and that is the highest award that was given to any county. Ms. Guillet added that the amount was double the amount given to the next highest county. Commissioner Constantine advised that the County has more than 2,200 outstanding requests for bear cans.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:45 p.m., this same date.