BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
JULY 25, 2017
The following is a non-verbatim transcript
of the BOARD OF COUNTY COMMISSIONERS
MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, July 25,
2017, 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 Circuit Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Terri Porter
Father John Bluett, St. Stephens Catholic
Church, Winter Springs, gave the invocation.
All Purple Heart recipients in the audience led the Pledge of
Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for The Personalized Doormats Company was presented.
AWARDS AND PRESENTATIONS
Agenda
Item #1 A-3829-17
The Seminole County
video, How to Do Florida, was presented by Chad Crawford, Video Host.
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Agenda Item #2 2016-648
Motion by
Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring August 7, 2017 as Purple Heart Day
in Seminole County.
Districts
1, 2, 3, 4 and 5 voted AYE.
Mr.
Dana Gowen, Veteran and Purple Heart recipient, addressed the Board and spoke
about the history and meaning of the Purple Heart.
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Chairman Horan presented Mr. Ray Hooper, CPCM, with the
Achievement of Excellence in Procurement (AEP) Award from the National
Procurement Institute. Mr. Hooper,
Purchasing & Contracts Division Manager, addressed the Board to express his
appreciation.
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Chairman Horan recessed the meeting of the Board of County
Commissioners at 10:05 a.m., and convened as the U.S. Highway 17-92 Community
Redevelopment Agency (CRA).
U.S. HIGHWAY 17-92 CRA
Agenda Item #3 A-3700-17
Tricia Setzer, Office of Economic
Development and Community Relations, addressed the Board to present a request
to consider either (1) approval of a Redevelopment and Construction Grant to
17-92 Five Points, LLC, in the amount of $740,000 for demolition of the former
Flea World site, located at 4311 South U.S. Highway 17-92, Sanford; or (2)
approval of a Redevelopment and Construction Grant to 17-92 Five Points, LLC,
in the amount of $1,380,039, for demolition and utility connections needed in
preparation of redevelopment of the former Flea World site, located at 4311
South U.S. Highway 17-92, Sanford; and (3) adoption of a Resolution
implementing the associated Budget Amendment Request (BAR) #17-009
appropriating funds from the 17-92 CRA Trust Fund, Reserve for Capital
Improvements.
Ms. Setzer explained for the benefit of the
public why the U.S. 17-92 Community Redevelopment Area was established under
Florida Law and the purpose for it. She
also discussed the guidelines of the program.
Ms. Setzer then reviewed the item as outlined in the Agenda Memorandum
and noted that staff recommends the CRA award 100% of the site demolition costs
on a phase basis.
David Leavitt, 1000 Ridgepointe Cove,
addressed the Board to state he opposes giving one company money over another
company making it unfair competition. He
read the application online and said it is two years old and they are still
discussing it. He noted it claimed over
2,500 jobs but Ms. Setzer, who just presented, said it was 1,000 jobs. He said they dont even know if there will be
anything built there yet because the application states possible
businesses. He wondered if there were
any signed contracts with restaurants or businesses that will supposedly go in
there. He discussed the usual amount of
employees that restaurants employ compared to what was stated. He also disagrees that property values have
doubled because of the CRA, because the CRA has been around a long time and
property values have gone up significantly everywhere, but it is not because of
the CRA. He opined taxpayer money should
only go to corporations and companies that provide goods or services back to
the taxpayer.
Donald Menzel, 270 East Bahama Road,
addressed the Board and noted he has done a lot of reaching out to citizens in
the last couple of weeks, and this issue has come up time and time again. He stated the perception that this CRA is
going to take care of blighted areas well defined within the rules set forth
within the CRA doesnt match up with this particular spend. In speaking to a lot of people, 99% of the
people did not want to see this handout happen.
He was of the understanding that the money would go back to the General
Fund if it was not dispersed or earmarked, but he found out this morning that
the money would actually be refunded in a pro-rata basis back to whoever paid
into it. He encouraged the Board to
consider allowing this to sunset versus moving forward by earmarking it for
this particular company.
Bill Hyde, 2379 Audley Street, addressed
the Board to say he is in opposition to this.
He stated it is not a good idea to be giving taxpayers money out in
preference of one company over another.
He agrees with Mr. Leavitt, and this will elevate someone who will make
millions of dollars over people who might be trying to start out.
Shaun Kunz, 670 Venture Court, addressed
the Board and stated that city by city there is a current struggle to maintain the
free markets without overregulation to encourage entrepreneurship and advance
the principles of liberty. Deals like
the one the Board is considering today just reek of cronyism and only advance
the notion that that is how big business gets done. He advised that the school he co-founded
tried to get a zoning exemption just a mile from this subject property, and
they were flat out denied despite having all the proper paperwork and even
being guided by a member of the Zoning Commission. They also had the blessing of all their
would-be neighbors. He opined that flat
denial of small business trying to survive and meet its needs while taking
money and then creating financial incentive for big business does not bode well
for people seeking reelection. He said
they are talking about small business needs versus big business needs and the
Boards apparent tendency to meet the latter while ignoring the former, and
that is how it will look to dozens of small business entrepreneurs who have to
jump through hoops without the luxury of being able to contribute to campaigns
first. He added if a homeowner finds a
lot they are interested in, they are fully responsible, beginning to end, to
develop that lot. If the Board would
like to sweeten the deal and try to attract a developer to come and create jobs
in the area, and it is a sweet area, he suggests getting completely out of the
way, reducing restrictions and intrusive regulations, keeping business and
employment-related taxes low, and allowing for more zoning exemptions so that
small businesses can get started. He
opined it is a free-market solution that does not require backroom deals and
even keeps campaign contributions, however legal and transparent, above board.
Matt Collins, 1733 Willa Circle, addressed
the Board to advise he is the executive director of the Seminole Committee for
Government Accountability. He stated he
is here to oppose the Flea World Handout.
In a few days, he was able to get a few hundred petitions (received and
filed) against this and believes given more time, he would have gotten
thousands and possibly tens of thousands of petitions. He commented that government should not be in
the business of corporate welfare, especially with tax dollars, and government
should not be picking winners and losers.
He opined there are some potential conflicts of interest in this deal
that he believes most are familiar with.
He noted his organization would like to see the CRA expire and have
those funds returned. He asked that the
Board vote against this fleecing of the taxpayers and vote no on the Flea
World Handout.
Elizabeth Bookspan, 239 Timberland Avenue,
addressed the Board stating she supports many of the statements that have been
made about the sunsetting of the CRA as well as governments proper role. She noted she and her family moved back to
this area from San Francisco about nine years ago and opined it is a very
affordable place to live, and they really appreciate that. They also appreciate the position of
government and the understanding that government has a role to play. It is supposed to establish and enforce laws
to ensure that markets are as honest and competitive as they can be made with
no force, no fraud, no child labor, etc.
She added in the long run, competition along with the fear of failure
and bankruptcy is the most reliable regulator of economic life. Firms can only succeed at serving customers
when they have honest profit and loss signals, and assisting with public money
only distorts these economic signals and causes great losses to the entire
community. She opined that government
needs to be a cop and not a player in markets, and it is impossible to be both. Subsidies to friends, government-enforced
monopolies, and price controls destabilize markets and lead to mass
unemployment.
H. Alexander Duncan, Oviedo, addressed the
Board and commented that he was here in February and said at that time that
they would be giving this money. He said
he can go on the website to see who is contributing to their campaigns and then
come to these meetings and see who they are giving money back to. He opined it is dishonest and it is the
taxpayers money that they keep seeing go to big businesses.
Jay Jurie, 408 S. Virginia Avenue,
addressed the Board and stated his objections to this proposed giveaway have to
do with the unmet needs of Seminole County, and he does not believe the County
should be in the business of giving away tax dollars to large private sector
interests when they have so many unmet needs.
He mentioned the example of homelessness and stated he knows the Board
is doing some things but doesnt think they are doing enough. He opined when they have money like this to
give away, it is fairly graphic evidence that the priorities are misplaced in
this county and they seriously need to be readdressed. He said tax increment financing is so wrong
because the rest of the taxpayers outside of the CRA district wind up
subsidizing the services that still need to be provided to that district. He asked that they vote down the proposal to
fund this redevelopment and urged them to begin the process to get rid of the
CRA mechanism altogether. There are far
better ways to obtain the kind of objectives and outcomes they want in this
county rather than this kind of rob-Peter-to-pay-Paul type of scheme.
Shane Maloy, 1617 Chilean Lane, addressed
the Board and expressed when he helped found the Committee for Government
Accountability, his goal was to provide citizens with a way of getting updates
on local government that they do not often get unless they are able to make
9:30 a.m. meetings. He explained their
goal is not to be a fake news site or push agendas, but to report facts and be
a trustworthy organization for the citizens of Seminole County. He is not happy and is taking time off work
today to be able to say, End this handout and end the CRA. Mr. Maloy stated that government, at any
level, should not pick winners and losers.
He added this area of 17-92 would be developed either way, and he cannot
understand the concept that they need to hand people money in order for them to
take such a valuable piece of land in such a huge corridor and turn it into a
for-profit business in the free market.
It is astounding to him that the BCC is also the same board that would
be talking about future tax increases, albeit a property tax or an impact fee
adjustment. He pointed out that these
are the exact pieces of waste they can cut to prevent those types of increases
from having to happen. He said when he
started the committee, the goal was to make a group that would be focused on a
county that focuses on services to taxpayers and citizens, and not handouts to
politically connected insiders. He remarked
that in the committees work to try to get public records, they have been hit
with all kinds of outrageous attorneys fees to even get information, so this
is not an easy board to get information from, even simple things like peoples
emails.
With regard to public participation, no one
else in the audience spoke in support or in opposition regarding this item and
public input was closed.
Speaker Request Forms and a Written Comment
Form were received and filed.
Commissioner Carey stated it is unfortunate
that people create organizations and try to hide behind them with a title of
government watchdog, and they put out information on social media and other
things to try to collect petitions based on incorrect information. She noted that earlier, Ms. Setzer talked
about the CRA, how it was created, why it was created, where the funding comes
from, and apparently not everybody understands how this actually works. She asked the County Manager to again explain
where the funding comes from in the CRA.
Ms. Guillet explained the purpose of the CRA is to eliminate blight and
to encourage redevelopment in a fixed area.
She then detailed the way the redevelopment trust fund is established
and used. County Attorney Bryant
Applegate clarified that money that is raised in the TIF cannot be spent
outside the CRA. Commissioner Carey
asked Ms. Guillet to explain the terms of payment, and Ms. Guillet explained the
recommended payout schedule. She added
that elimination of that blight could be looked at as a stand-alone redevelopment
activity. From a staff standpoint, they
believe elimination of blight could be looked at as a discreet project, and
under the grant program, those discreet redevelopment projects are eligible for
20% of the total cost. Therefore, the
recommendation for the payout is 20% of the cost for the demolition portion to be
paid out up front.
Ms. Guillet further explained this is a unique project because
there is a bigger element to it, a bigger overall project that proposes to
involve $141 million of capital investment on this site. It is correct that there is no imminent
construction of that redevelopment activity, so staff is recommending if the
Board wants to fund the remaining 80% of the demolition costs and the entirety
of the infrastructure costs, that that be tied to the development activity that
occurs on site. So, development activity
would have to occur before any additional payouts over that 20% of the
demolition costs before the applicant would be eligible to take down a commensurate
portion of the grant award.
Motion
by Commissioner Carey, seconded by Commissioner Dallari, to approve a
Redevelopment and Construction Grant Agreement with 17-92 Five Points, LLC, in
the amount of $740,000 for demolition of the former Flea World site, located at
4311 South U.S. Highway 17-92, Sanford; and adopt appropriate Resolution
#2017-R-108 implementing the associated Budget Amendment Request (BAR) #17-009
appropriating funds from the 17-92 CRA Trust Fund, Reserve for Capital
Improvements.
Commissioner Carey commented the decision
has already been made to sunset the CRA. Ms. Guillet added they are not accepting any
more applications for grants based on the direction of the Board. There may be one or two in the hopper, but
none are of this magnitude. Commissioner
Carey noted one of the potential projects was for the Jai Alai property in
Casselberry.
Commissioner Dallari inquired about the
increase in taxable value on the property and noted this project is being
treated like every other project except that there are tighter restrictions
based on the size. Ms. Guillet noted it
has a more restrictive payout structure.
Ms. Setzer advised the value of the property will increase from
$9,175,401 to $141,410,800; and based on the Property Appraisers analysis, the
proposed project will provide a minimum increase of almost $2 million in
property taxes annually. Upon inquiry by
Commissioner Henley, Ms. Guillet stated that figure is based on the
redevelopment of the property as contemplated by the Reagan Center
redevelopment plan. Commissioner
Constantine then discussed CRAs and the project itself. He noted that this is not the same as a job
incentive growth program or corporate welfare, but it is a redevelopment
project for all of 17-92 and the County.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Henley voted NAY.
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Commissioner
Carey stated the RPA unanimously supported the award of the total amount of
$1.38 million because of the importance of a catalyst project of this size.
Motion by Commissioner Carey to approve a
Redevelopment and Construction Grant Agreement with 17-92 Five Points, LLC, in
the amount of $640,039, which is the difference in the total amount recommended
by the Redevelopment Planning Agency for utility connections needed in
preparation of redevelopment of the former Flea World site located at 4311
South U.S. Highway 17-92, Sanford.
Chairman
Horan called for a second to the motion without response, whereupon the motion died for lack of same.
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Chairman
Horan adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment
Agency at 11:00 a.m., and reconvened as the Board of County Commissioners at
11:15 a.m.
COUNTY
MANAGERS CONSENT AGENDA
Nicole
Guillet, County Manager, announced there is an add-on item, Item #5A, which is
a request to approve a Letter of Agreement with True Health. Also, staff is requesting that Item #11 in
regard to a Nuisance Abatement Lien and Item #29, BAR #17-070, be pulled from
the agenda.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Items #4 through #43, and public input was closed.
Commissioner
Carey requested that Item #6, Community Services Agency Partnership Grant
Funds, be pulled for separate discussion.
Commissioner Constantine asked that Items #15, #16, #17 regarding Solid
Waste Collection agreements and Item #33, a request for funds needed for
renovations to both courthouses be pulled for separate discussion.
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Motion by Commissioner
Dallari, seconded by Commissioner Carey, to authorize and approve the
following:
County
Managers Office
Business
Office
4. Approve travel and mileage reimbursement to Commissioner
Lee Constantine for miscellaneous travel from April 20, 2017 through June 27,
2017. (A-3831-17)
5. Approve and authorize the Chairman to execute
the Second Amendment to Contract for Sale and Purchase of Land between Seminole
County and Rolling Hills Reserve, LLC, for real property located in Sanlando
Springs known as the former Rolling Hills Golf Course, to amend Section 3A of the
Contract to increase the Feasibility Period by sixty (60) days to and including
September 6, 2017. (A-3830-17)
5A. Approve and
authorize the Chairman to execute a Letter of Agreement with True Health in the
amount of $141,750 to help provide primary care services for the medically
underserved populations. (2017-0216)
Community
Services
Community
Assistance Division
6. Pulled
for discussion and separate vote by Commissioner Carey.
Community
Development Division
7. Approve 2017-2018 One-Year Action Plan and
authorize the Chairman to execute corresponding documents, and signature pages,
the Standard Forms 424 (CDBG, HOME and ESG) and all certification pages,
Subrecipient Grant Agreements and subsequent Grant Agreements, with the U.S.
Department of Housing and Urban Development (HUD); and authorize Community
Services Department staff to submit the Action Plan to HUD for approval. (A-3834-17)
8. Approve and accept the Neighborhood
Stabilization Program Snapshot/Report pursuant to Seminole County Resolution #2013-R-61.
(A-3833-17)
9. Approve and authorize the Chairman to execute a
Commercial Contract and all necessary closing documents for the purchase of the
multi-family property located at 3500 S. Sanford Avenue, Sanford, for $330,000
plus closing costs, in order to meet an identified community strategy to provide
affordable housing in Seminole County. (A-3832-17)
Development
Services
Building
Division
10. Issue a determination that the unoccupied
buildings located at 6625 S. U.S. Highway 17-92, Fern Park are a public nuisance;
and authorize the Building Official to: (a) serve Notice of Determination of
Public Nuisance, pursuant to Sections 168.5 and 168.6, Seminole County Code,
and (b) set a date for a "Show-Cause" Public Hearing, as prescribed
in Sections 168.5-168.7, Seminole County Code. (A-3750-17)
11. Pulled
from the Agenda request to approve the certified costs incurred by the
County to abate the unoccupied structures located at 1250 Dunbar Avenue, Sanford;
and authorize the Chairman to execute the Findings of Fact, Conclusion of Law,
and Order Imposing Lien for Cost of Public Nuisance Abatement issuing a lien
against the property for the certified costs incurred in the amount of
$9,472.21. (A-3749-17)
Planning
& Development Division
12. Adopt appropriate Resolution #2017-R-109 vacating
and abandoning an exclusive easement to the benefit of Seminole County for
utility purposes, as recorded in the Public Record of Seminole County, Book
2407, Pages 1058 through 1062, for property located on the north side of Park
Road, approximately 1,000 feet east of Alafaya Trail; LCD Acquisitions, LLC,
Applicant. (A-3788-17)
13. Authorize Release
of the Roads, Streets, Drainage, and Sewer Performance Bond #CMS0290176, in the
amount of $568,089.34, for the Markham Square Subdivision; Park Square
Enterprises, LLC, Applicant. (A-3773-17)
14. Approve the Garden Park Apartments Final Plat
containing three (3) commercial lots on 6.73 acres zoned PD (Planned Development),
located on the west side of Highway 17-92, south of SR 436; Marc Gauthier,
Applicant. (A-3671-17)
Environmental
Services
Solid
Waste Management Division
15. Pulled
for discussion and separate vote by Commissioner Constantine.
16. Pulled
for discussion and separate vote by Commissioner Constantine.
17. Pulled
for discussion and separate vote by Commissioner Constantine.
18. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-110 to amend Section 28.10 of the Seminole
County Administrative Code to update Florida Statutes and set eligibility
requirements for funding Boater Improvement projects. (A-3784-17)
Public
Works
Engineering
Division
19. Adopt appropriate Resolution #2017-R-111 and
authorize the Chairman to execute a Purchase Agreement in the amount of $1,350 between
Florida Department of Transportation (FDOT) and Seminole County; and authorize
the Chairman to execute a Temporary Construction Easement, Parcel #754, needed
for relocation of a natural gas pipeline related to the construction of the SR
429, Wekiva Parkway project; FDOT FPN 240200-2. (A-3802-17)
20. Adopt appropriate Resolution #2017-R-112 and
authorize the Chairman to execute a Purchase Agreement in the amount of
$109,347 between Florida Department of Transportation (FDOT) and Seminole
County; and authorize the Chairman to execute a Natural Gas Pipeline Easement conveying
an easement, Parcel #808.1, needed to replace an existing easement related to
the construction of the SR 429, Wekiva Parkway project; FDOT FPN 240200-2. (A-3800-17)
21. Adopt appropriate Resolution #2017-R-113 and
authorize the Chairman to execute a Purchase Agreement in the amount of $21,700
between Florida Department of Transportation (FDOT) and Seminole County; and
authorize the Chairman to execute a Natural Gas Pipeline Easement conveying an
easement, Parcel #811, needed to replace an existing easement related to the
construction of the State Road 429, Wekiva Parkway right-of-way project. FDOT
FPN 240200-2. (A-3797-17)
22. Adopt appropriate Resolution #2017-R-114 accepting
a Drainage Easement located at 5714 North Road, from Thomas Moreno and Mireya Moreno,
donated for the drainage protection of North Road. (A-3794-17)
23. Adopt appropriate Resolution #2017-R-115 and
authorize the Chairman to execute a Contract for Sale and Purchase of Aerial
Easement between Duke Energy Florida, LLC and Seminole County in the amount of
$60,000, and authorize the Chairman to execute an Aerial Easement conveying
certain easement rights needed for utility purposes adjacent to SR 426. (A-3785-17)
Fleet/Facilities
Division
24. Approve and authorize the Chairman to execute
the Oak Groves Shoppes Lease Agreement. (A-3767-17)
Traffic
Engineering Division
25. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-116 for East Lake Mary Boulevard between South Sanford
Avenue and Brisson Avenue to increase the speed limit for a 1.5 mile length
from 45 mph to 50 mph. (A-3836-17)
26. Approve and authorize the Chairman to execute appropriate
Resolution #2017-R-117 for CR 46A between Oregon Avenue and Grenada Avenue to
increase the speed limit for a 2.5 mile length from 40 mph to 45 mph. (A-3835-17)
Watershed
Management Division
27. Approve and authorize the Chairman to execute
a Special Use Authorization (SUA) with St. Johns River Water Management
District for Seminole County to conduct work associated with the Black Hammock
Floodplain Restoration project at Salt Creek. (A-3792-17)
28. Approve and authorize the Chairman to execute
a Special Use Authorization (SUA) with St. Johns River Water Management
District for Seminole County to conduct fieldwork associated with the Black
Hammock Floodplain Restoration project at Sweetwater Creek. (A-3790-17)
Resource
Management
Budget
and Fiscal Management Division
29. Pulled
from the Agenda request to approve and authorize the Chairman to execute a Resolution
implementing Budget Amendment Request (BAR)
#17-070 through the 2014 Infrastructure Sales Tax Fund in the amount of
$169,000 from reserves to provide additional funding for the SR 426 @ Red Bug
Mitchell Hammock Road Mast Arm and SR 434 @ Manor Ave Mast Arm projects. (A-3842-17)
30. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-118 implementing Budget Amendment Request (BAR) #17-074
through the 2001 Infrastructure Sales Tax Fund in the amount of $464,594 to
adjust budgets for three projects where expenditures were reduced after carryforward
balances were calculated. (A-3838-17)
31. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-119 implementing Budget Amendment Request (BAR)
#17-075 through the Tourism (Sports) Fund for the purchase of capital equipment
in the amount of $13,562. (A-3839-17)
32. Approve and authorize the Chairman to execute
appropriate Resolution #2017-R-120 implementing Budget Amendment Request (BAR)
#17-077 through an allocation from the Florida Department of Health to provide
domestic mosquito control services in response to a Public Health Emergency (Executive
Order 16-29) in the amount of $349,057. (A-3840-17)
33. Pulled for
discussion and a separate vote by Commissioner Constantine.
MSBU
Division
34. Authorize the Chairman to execute a
Satisfaction of Lien for Parcel #06-21-29-521-0000-0030 for which the Wekiva
Green-Churchill Drive Road Improvement MSBU non-ad valorem assessment has been
paid in full. (A-3841-17)
Purchasing
& Contracts Division
35. Award RFP-602846-17/GCM, Term Contract for
Irrigation Evaluation Services, to Cato Environmental Services, Inc., Lake
Mary; and authorize the Purchasing & Contracts Division to execute the
Agreement. (Estimated annual usage is $150,000.) (A-3757-17)
36. Award RFP-602871-17/BJC, Emergency Medical Services
Transport Billing to Advanced Data Processing, Inc., a Subsidiary of Intermedix
Corporation, Fort Lauderdale, based on fees in the amount of 4.55% of the total
amount billed and collected and $7.50 per Medicaid Accounts/Claims; and
authorize the Purchasing & Contracts Division to execute the Agreement. (A-3804-17)
37. Award IFB-602876-17/TLR, Term Contract for Courier
Services to Absolute Sparkle, Inc., Apopka, with a not-to-exceed annual amount
of $51,473.88; and authorize the Purchasing & Contracts Division to execute
the Agreement. (A-3786-17)
38. Approve ranking list and authorize staff to
negotiate rates in accordance with Florida Statute 287.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts
Division to execute two (2) Master Services Agreements (MSAs) for
PS-1320-17/RTB, Master Services Agreement for Professional Surveying and Mapping
Services, for Seminole County. (Estimated Annual Usage is $250,000.) (A-3816-17)
39. Award CC-1307-17/AEJ, Rinehart Road Curb Ramp,
Sidewalk Replacement and Resurfacing in the amount of $1,484,918.24 to P&S
Paving, Inc. of Daytona Beach, and authorize the Purchasing & Contracts
Division to execute the Agreement. (A-3798-17)
40. Award CC-1420-17/RTB, Salt Creek Culvert Improvements,
in the amount of $936,975 to Carr & Collier, Inc. of Leesburg; and
authorize the Purchasing & Contracts Division to execute the Agreement. (A-3818-17)
41. Award CC-1439-17/RTB, Construction of Seminole
County Fire Station #29, in the amount of $3,290,061 to West Construction, Inc.
of Lantana; and authorize the Purchasing & Contracts Division to execute
the Agreement; and approve and authorize the Chairman to execute appropriate Resolution
#2017-R-122 implementing Budget Amendment (BAR) #17-076 through the Fire/Rescue
Impact Fees Fund in the amount of $29,860 to establish funding for construction
of Seminole County Fire Station #29. (A-3843-17)
42. Award CC-1422-17/MAE, Purchase and
Installation of Emergency Power Backup Generator, in the amount of $202,875 to
Zabatt Engine Services d/b/a Zabatt Power Systems of Jacksonville; and
authorize the Purchasing & Contracts Division to execute the Agreement. (A-3814-17)
43. Approve Amendment #3 to RFP-601340-12/BJC, Fleet
Management and Maintenance Services, with Serco, Inc., Reston, Virginia,
monthly In-Target extension cost of $377,043; and authorize the Purchasing &
Contracts Division to execute the Amendment. (A-3801-17)
Districts
1, 2, 3, 4 and 5 voted AYE.
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Consent Agenda Item #6 A-3789-17
In regard to a request to approve
funding allocations to agencies for Community Services Agency (CSA) Partnership
Grant funds in the amount of $678,773 for FY 2017/18, Commissioner Carey stated they have gone back
to the 2015/16 funding levels, which will cause some essential services to not
be funded at the level they need to be.
She suggested they use the funding level from last year in the amount of
$840,150 and that the difference between todays recommendation and that amount
be applied to essential services in the community. She cited the example of True Health who
provides prenatal services for uninsured women which is not being funded at
all. She advised the Health Department
no longer provides that critical service, and True Health is the only one doing
so. Commissioner Henley stated that this
Board for a number of years made a concentrated effort in prenatal care because
of the deaths that were occurring at that time, and they were finally able to
get on top of it, and he would not want to go back to where they were.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to continue
the request to approve funding allocations for Community
Services Agency (CSA) Partnership Grant funds in the amount of $678,773 for FY
2017/18, in
order for staff to increase the requested funding to the current level of
$840,150 and to reallocate the funding, particularly for essential services.
Districts 1, 2, 3, 4 and 5 voted AYE.
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Consent Agenda Item #15 A-3646-17
Consent Agenda Item #16 A-3639-17
Consent Agenda Item #17 A-3647-17
The request for approval of three
(3) Solid Waste Collection Franchise Agreements for Residential Collection
Service was pulled for discussion by Commissioner Constantine. He said he wanted to point out that the $60
surcharge for the pick-up of the bear resistant containers will no longer be
part of the contract. In addition, he
advised the haulers will be working on getting new vehicles that will be using
more economic and environmentally sound fuel.
The only concern he has is the escalator on the cost as they get more
successful with the bear resistant containers.
For every 5% increase in usage, there will be an additional $.12 per
month that is added to the contract.
Although it seems minimal, Commissioner Constantine said he believes the
economy of scale would indicate, as they continue to be successful, that it
could turn out to be a great deal when you are dealing with 23,000 customers
and 10 years. Commissioner Carey stated
that any time they are unhappy with a contract, they have the ability to
renegotiate or terminate.
Commissioner Dallari stated
the contract talks about alternative fuels, compressed natural gas (CNG) and
asked when it comes into play. Johnny
Edwards, Interim Solid Waste Manager, addressed the Board to advise they have
given the haulers three years to transition their waste hauling fleet over to
CNG. Commissioner Dallari opined that is
a big win for the community because one of the biggest issues is the particulate
of diesel fumes, air quality and the ozone.
Commissioner Carey expressed
she thinks they should continue to work with the FWC to have some flexibility
to allow those funds to be used for the offset of collection for the bear proof
cans, which is another way they can also look at trying to cover some of those
costs should they rise to that point.
Commissioner Dallari added if the costs do rise, they can always go back
and renegotiate the contracts.
Motion by Commissioner
Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman
to execute three (3) new Solid Waste Collection Franchise Agreements for
Residential Collection Service with Waste Pro of Florida, Inc. for Service Area
1; Advanced Disposal Services Solid Waste Southeast, Inc. for Service Area 2;
and Waste Pro of Florida, Inc. for Service Area 3.
Districts 1, 2, 3, 4 and 5
voted AYE.
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Consent Agenda
Item #33 A-3850-17
Commissioner Constantine
stated he pulled this item to allow the Clerk to have the option to comment on
this request for funds needed for renovations at both Seminole County
courthouses.
Grant Maloy, Clerk of the
Circuit Court & Comptroller, complimented the work the maintenance crew had
been doing in regard to patching holes, etc. at the Civil Courthouse and
mentioned he would like to see them continue on the first floor.
In regard to the old file
cabinets he request be removed, he explained he would like to open up the
office space and listed the reasons why, including the need to find space for
Safe House and a better room for injunctions.
He is looking for clarity in removing them. Ms. Guillet advised they are supportive of
having the trustees remove the Diebold cabinets. She noted these are considered a surplus
asset and they want to ensure they are disposed of in a way that is consistent
with their surplus assets program.
Commissioner Carey stated she
wanted to clarify that the surplus funds would then come back to the County
Commission General Fund. Ms. Guillet
noted if there are funds generated from the disposal that they would. Commissioner Carey noted that they will be
scrapped and she hopes they will not just be given to Mr. Leavitt (A-1 Assets)
because the County should be paid for that metal.
Mr. Maloy stated he had sent
a letter to the Chairman (received and filed) in which he had requested
consideration for a couple of items. He
displayed photos (received and filed) of the carpet on the fourth floor of the
Civil Courthouse that he believes has been there since 1971. He asked the Board to consider minimal
funding for its replacement. In regard
to the requested build out for a training room, he advised of the Clerk
employees requests to train better with JD Edwards. He noted it would be open for all court
employees, the State Attorneys Office, the Public Defenders Office and the
County. The Clerks employees could
utilize the room when they do training on the Case Maintenance System, Excel
spreadsheets, and the JD Edwards financial software. He added it would also include a lactation
room since it has been an issue, and they do not have a proper place for women
to go to fulfill the labor laws. He
stated he hopes the Board would consider the training room, the carpet and the
removal of the cabinets.
Commissioner Carey asked why
he couldnt use the training room in the County Services Building. She added the Tax Collector is in the process
of setting up a training room in his space.
Mr. Maloy stated the cost estimate he received from the County is
$132,000, which seems very high to him because he is basically looking for a
wall and a dozen plugs. He received an
estimate that was roughly half that.
They have 180 employees and from an operational standpoint, he believes
it is a reasonable request. There are
also a lot more employees in the courthouse for the court operations that could
utilize the room.
Commissioner Carey stated
these facilities belong to the County and the County should be involved in the
renovation of them. She said they should
be helping their other elected officials trying to get the space the way they
want it as long as it makes sense, and that requires the people involved to
discuss it and cooperate and to work together.
She noted, however, they will be having a workshop later today to
discuss exiting from that space. They
have a request from the Clerk and from the Judges, and she believes they need
to figure out how to best move this forward at the most economical cost.
After discussion about
cooperation and needs versus wants, Ms. Guillet recommended they move forward
with Item #33 and said the County will continue to work with the Clerk on the
outstanding items, the carpet and the training room. She opined she would like to show Mr. Maloy
the computer lab in the County Services Building because it might meet his
needs and still meet the Boards directive to not invest too much into a
building they will be exiting.
Motion by Commissioner
Constantine, seconded by Commissioner Carey, to approve and
authorize the Chairman to execute appropriate Resolution #2017-R-121
implementing Budget Amendment Request (BAR) #17-079 through the Courthouse
Projects Fund, to appropriate budget of $151,950 from reserves for funds needed
for renovations at both Seminole County courthouses.
Districts
1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERS CONSENT AGENDA
Clerk & Comptroller's Office
Motion by Commissioner Dallari,
seconded by Commissioner Carey, to approve the following:
44. Approve Expenditure Approval Lists dated June
12, 19, 26, and July 3, 2017; Payroll Approval Lists dated June 15 and 29,
2017; and the BCC Official Minutes dated June 13 and 27, 2017. (A-3820-17)
Districts
1, 2, 3, 4 and 5 voted AYE.
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The Board noted, for
information only, the following Clerk & Comptrollers Received and Filed:
1. Executive Order
#2017-009 extending State of Local Emergency and Establishing a Local Burn Ban.
2. Florida Public Service
Commission Order #PSC-17-0230-TRF-EI, Order Approving FPLs Modifications to
Tariff Sheet Nos. 4.020, 6.040, 6.050, 9.400 and 9.410, Docket #1170096-EI,
issued June 15, 2017.
3. Florida Public Service
Commission Order #PSC-17-0229-TRF-EI, Order Approving Duke Energy Florida,
LLCs Modifications to Tariff Sheet Nos. 4.070 and 4.080, Docket #170093-EI,
issued June 15, 2017.
4. Letter dated June 5,
2017 from Seminole County Attorneys Office to the Broad and Cassel Law Firm
regarding Engagement as Special Counsel for Litigation Services (as/when
assigned).
5. Maintenance Bond
#106635706 for Streets, Curbs and Storm Drains, in the amount of $8,966 for the
project known as The Pointe at Merritt Street.
6. Maintenance Bond
#K09558743 for Streets, Curbs and Storm Drains, in the amount of $89,887.41 for
the project known as Brisson East Right-of-Way.
7. Maintenance Bond
#1059064 for Water and Sewer Facilities, in the amount of $46,246 for the
project known as Park Place at Aloma.
8. Extension of
Irrevocable Standby Letter of Credit #347022432-L004 in the amount of $8,035.70
and #347022432-L005 in the amount of $16,897 for the project known as Lake
Sylvan Oaks; Las Bocas Corporation.
9. Certificate for Costs
of Abatement for property located at 2705 Teak Place, Lake Mary regarding
unsecured pool; Wells Fargo Financial System Florida Inc.
10. Development Order #17-20500013, Addendum #1 to
the SR 46/Lake Forest Boulevard Townhouses a/k/a Terracina Planned Development
(revised legal description); Robert Hattaway.
11. Developers Commitment Agreement #17-20500013,
Addendum #5 to the SR 46/Lake Forest Boulevard Townhouses a/k/a Terracina
Planned Development (revised legal description); Robert Hattaway.
12. Developers Commitment Agreement #17-20500014,
Addendum #3 to the First Amended Lake Forest Planned Development (revised legal
description); Robert Hattaway.
13. Corrective Warranty Deed for Lake Forest
Master Community Association, Inc. (revised legal description); Robert
Hattaway.
14. Developers Commitment Agreement #17-06000021,
Addendum #1 to the Mystic Cove Apartments Planned Development; Brantly Clayton.
15. Approval Development Orders #17-32000006, Wawa
at 4260 Aloma Avenue, Golden Arrow WPP, LLC; #17-30000021, 6130 Linneal Beach
Drive, Lorrie Bentley; #17-30000024, 130 Birchwood Drive (front yard setback),
Charles & Charlotte Joseph; #17-30000024, 130 Birchwood Drive (side street
setback), Charles & Charlotte Joseph; #17-30000027, 6331 Brenda Drive,
James J. Monica II; #17-30000028, 3101 Whitner Way, Philip Chapman;
#17-30000029, 113 Dublin Drive, Charles and Judy Cramer; #17-30000030, 456 East
Highland Street, Joe Chavis, Jr.; #17-30000031, 1870 Long Pond Drive, Raul
Castillo; #17-30000033, 5301 Justine Way, Jonathan Pereira; and #17-30000034,
1500 Lawndale Circle, Stefan Smith & Laura Bissell.
16. Denial Development Order #17-30000020, Lot 1J
Brumley Road, Mark Frazier.
17. Conditional Utility Agreement for Water and
Sewer service with Property 426, LLC for the project known as RLH Construction
Office.
18. Bill of Sale accepting Water and Sewer service
for the project known as Park Place at Aloma; Meritage Homes of Florida, Inc.
19. CDBG Subrecipient Agreement with Goodwill
Industries of Central Florida, Inc. for Program Year 2016/17; One-Year Action
Plan approved by the BCC on August 9, 2016.
20. Tourist Tax Funding Agreement for East Coast
National Qualifier with USA Softball of Florida, Inc.
21. Tourist Tax Funding Agreement for 2017 Central
Florida State Championship with USSSA Central Florida Fast Pitch LLC.
22. Tourist Tax Funding Agreement for Southeast
Super Regional Championship with Southeast Region Pony, Inc.
23. Tourist Tax Funding Agreement for 2017 Glory
Days with Nations Baseball of Greater Orlando, Inc.
24. Tourist Tax Funding Agreement for 2017 Youth
Baseball Nationals with Athletx, LLC.
25. Pet Rescue Cooperative Service Agreement with
Whippet Rescue Southeast.
26. Parks Contract for Services with Marie Luise
Tims; Donald Childs; Jimmy Lee Williams, Jr.; Maria Virginia Toledo; Christie
Gomez; Debra Curatelli; Katherine Jane Hart; William Hoffmeister; and Matthew
Allen.
27. Tennis Developmental Instructor Agreements
with Devin Unterreiner and William Hoffmeister.
28. Amendment #1 to Work Order #23 to PS-0009-15
with Metric Engineering, Inc.
29. Closeout to CC-0194-15 with Prime Construction
Group, Inc.
30. Amendment #1 to Work Order #3 to RFP-0532-15
with Connect Consulting, Inc.
31. Amendment #1 to Work Order #4 to RFP-0532-15
with Connect Consulting, Inc.
32. Change Order #2 to CC-0846-16 with L7
Construction, Inc.
33. Closeout to CC-1005-16 with P&S Paving,
Inc.
34. CC-1337-17 with Dager Construction, Inc.
35. CC-1342-17 with Corinthian Builders, Inc.
36. Amendment #6 to Work Order #8 to PS-2051-07
with Environmental Research & Design, Inc.
37. Amendment #10 to Work Order #42 to PS-4388-09
with HNTB Corporation.
38. Amendment #6 to Work Order #108 to PS-5120-02
with Atkins North America, Inc.
39. Amendment #1 to Work Order #55 to PS-8047-12
with Ardaman & Associates, Inc.
40. Amendment #4 to Work Order #11 to PS-8148-12
with CDM Smith, Inc.
41. Amendment #6 to Work Order #1 to RFP-8721-13
with VHB Miller Sellen.
42. Amendment #1 to Work Order #3 to PS-8827-13
with Metric Engineering, Inc.
43. Change Order #3 to Work Order #10 to
CC-9072-13 with BSE Construction Group.
44. Change Order #1 to Work Order #11 to
CC-9072-13 with Linton Enterprises, Inc.
45. Change Order #7 to Work Order #4 to
RFQ-9093-13 with Wharton-Smith, Inc.
46. Work Order #24 to CC-9192-13 with M&J
Enterprises.
47. Work Orders #30 and #31 to CC-9192-13 with
Corinthian Builders, Inc.
48. Amendment #1 to Work Order #5 to PS-9738-14
with Vanasse Hangen Brustlin, Inc.
49. Eleventh Amendment to RFP-600933-10 with
Konica Minolta Business Solutions USA, Inc.
50. Second Amendment to RFP-602766-17 with Chuck
Robinson Concrete and Bob Cat Service, Inc.
51. IFB-602819-17 Term Contract with Lamp Sales
Unlimited, Inc.
52. Memo dated 6/20/17 from Community Services
Director to County Finance Director regarding Signature Authority.
53. Bids as follows:
RFQ-602892-17 from Hiatt Construction LLC; LSR Custom
Cabinets, Inc.; KRI, Inc.; Phoenix Construction & Design, Inc.; and
CC-1337-17 from Dager Construction, Inc.; Corinthian
Builders, Inc.
Sheriffs
Office
Motion by Commissioner Carey,
seconded by Commissioner Dallari, to approve the following:
45. Approve expenditure of $1,400 from the Law
Enforcement Trust Fund for a contribution to Rays of Hope, formerly known as
New Bridge of Hope, in support of their educational programs for at-risk youth.
(A-3845-17)
46. Approve expenditure of $2,000 from the Law Enforcement
Trust Fund for a contribution to HOPE Helps, Inc. in support of their mission to
prevent and reduce homelessness in Central Florida. (A-3846-17)
47. Approve expenditure of $5,000 from the Law
Enforcement Trust Fund for a contribution to the Seminole County NAACP to
provide funding in support of their Scholarship Fund. (A-3847-17)
Districts 1, 2, 3, 4 and
5 voted AYE.
REGULAR AGENDA
Item #48 A-3743-17
Edward Bass, Resource Management Director, addressed the Board to present
a request to establish the 2017 proposed millage rates for TRIM notification and
to set the date, time, and place for the first Public Hearing to adopt the
Fiscal Year 2017/18 County Budget. He
presented the information as outlined in the Agenda Memorandum noting a millage
increase of 0.4350 mills is proposed for the Fire District MSTU, increasing the
current property tax rate from 2.3299 mills to 2.7649 mills. The proposed aggregate millage rate for all
BCC taxing districts is 6.9261 mills, which represents a 10.69% increase over
the current year aggregate rolled-back millage rate of 6.2574 mills. The total proposed millage to be levied by
the Board of County Commissioners is 7.7507.
Upon Commissioner
Careys request, Mr. Bass discussed the TRIM notification and the process so
the public understands that they have not had their budget hearings yet and
that this would be a maximum amount. Mr.
Bass said from where they set the rates today, they could go down with any of
these rates, but they cannot raise them in the next two hearings. Commissioner Carey inquired as to what the
fire millage rate was prior to the Board reducing it 10 years ago. Ms. Guillet responded it was 2.6344. Commissioner Carey stated then the only
request in the TRIM notice for an increase in the current millage is for Fire
Rescue MSTU.
Bill Hyde, 2379 Audley
Street, addressed the Board to say he is exceedingly unhappy about the Fire
Rescue increase of 25%, but he will take that up at the public hearing.
With regard to public
participation, no one else in the audience spoke in support or in opposition to
Item #48, and public input was closed.
Speakers Request Form
was received and filed.
Motion by Commissioner Carey, seconded by
Commissioner Constantine, to approve the proposed millage rates to be included
on Truth in Millage (TRIM) notifications as presented; and authorize staff to
schedule the first Public Hearing to adopt the tentative millage rates and
budget for Fiscal Year 2017/18 on September 13, 2017, at 7:00 p.m., and the
second Public Hearing to adopt the final millage levy and budget for Fiscal
Year 2017/18 on September 26, 2017 at 7:00 p.m.
Districts 1, 2, 3, 4
and 5 voted AYE.
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Item
#49 A-3634-17
Jean Jreij, Public Works
Director, addressed the Board to present a request to approve and authorize
Alternative A, which specifies that the Final Design of the Lake Monroe Trail
Loop from Sanford's Riverwalk will be constructed along the east side of Mellonville
Avenue to the north side of Celery Avenue, and continue along the north side of
Celery Avenue to SR 415.
Mr. Jreij stated they
hired CPH, Inc. to do an alternative for the alignment for Lake Monroe
trails. He added that they presented the
alternatives to the Board last April, and the Board asked them to go back and
have more community meetings. He advised
the first one was on December 1, 2016, and the second one was on June 7, 2017. They also presented the project to the City
of Sanford. He noted that the City requested
that they look at the section on Mellonville to be eight feet wide and
concrete. The funding of the
construction will be funded by a grant.
He has been talking with FDOT to see if they would lose the funding if
they changed the width from 10 or 12 feet to 8 feet. FDOT said they would work with them, but he noted
he does not have anything in writing to say it would be acceptable or not.
Commissioner Carey
stated it is her understanding that the DOT would support it being 10 feet
wide, so even if the preference is still to look at 8 feet, they can continue
to work with them and if they wont accept that, they can always look back to
see if they want to fund this next section of the road differently.
Ms. Guillet explained
there were three things the City of Sanford asked them to look at. These included going from 12 feet to 8 feet,
using concrete for the section from Mellonville to the Stadium, and to look at
doing a right-turn lane off of Celery onto Mellonville. She added with respect to those three items,
they can do the concrete, and Mr. Jreij just explained the issue with FDOT of
going to eight feet. If the County wants
to do it themselves without the state money, it would be about half a million
dollars to do that stretch. With respect
to the turn lane, staff is already working with the City of Sanford, and the
City has indicated that they should be able to get the right-of-way for that
turn lane. If they are able, Ms. Guillet
advised the County does have the funding to construct the lane itself. Commissioner Carey noted that it is School
Board property on the corner.
Commissioner Dallari
stated he has some issues with the cross section of this. He thinks the bicycle path needs to be a
bicycle lane on the road, and he would like to look at a Complete Street
theory. He noted that staff has not
looked at that; all they have looked at is just putting in a trail by expanding
the sidewalk. Staff indicated that
putting a bicycle path as a shared piece of the road was not what they were
supposed to be looking at; they were to be looking at an actual trail. Commissioner Dallari said in looking at the residential
neighborhood streets, sidewalks, driveways and curb cuts, he stated it is
difficult for him to imagine putting in an 8- or 10-foot path with all these
curb cuts and cross connections, even though they have the right to do it. He would like to see what it would be to
actually have a road-share program with bicycles and cars like they do in other
areas. He doesnt want to break up
peoples front yards and put them right in the middle of a trail system. He would like to see additional information as
to how it could actually fit.
Commissioner Carey opined she could see doing a Complete Street on
Mellonville but not necessarily on Celery.
She added Mellonville is one of the scenic roads in this county all the
way from 25th Street. She
stated if they want to put the project on the shelf in order to look at a
Complete Street in that section, she would be happy to look at it. She suggested that could be Phase 1 and maybe
Phase 2 could be from Celery to 25th Street as part of their sales
tax revenue for roads. She noted they
had turned Celery over to the City of Sanford, so they would need to work very
closely with the City on that. She does
not believe there is any urgency in this project that they couldnt take the
time to look at that and see if there is a better way to do this than just
putting in the trail to make that connection.
Upon inquiry by Ms.
Guillet, Mr. Jreij replied they still have some acquisition of property to do
along Celery to do the final design.
Hes not sure how it will impact funding and will have to check on
that. Commissioner Carey said she thinks
there is some quick analysis that could be done to see if it is financially
feasible to look at it in another way, whether they have the funding or not,
and to make a decision before the opportunity for the LAP funding goes away. Ms. Guillet stated they could table any
action today and bring back the additional information.
Dave Gierach, President
of CPH, Inc., addressed the Board to advise that the Celery corridor is going
to take quite a while to do the right-of-way acquisition and the design, so if
they move forward with that portion, it would not delay the project to go back
and look at Mellonville to reevaluate what they do there while they are
proceeding with the Celery corridor.
Commissioner Dallari opined they should look at doing a Complete Street
on Celery as well.
Jocelyn Gerber, 207
Mellonville Avenue, addressed the Board and displayed a PowerPoint presentation
(received and filed) entitled Vote NO on Alternative A. Doreen Freeman, 705 Mellonville Avenue,
addressed the Board as well.
Ms. Gerber noted that
600 people were invited to the first community meeting but only about 10% of
those showed up. The people in attendance
were in favor of Alternative A. She
displayed Questionnaire Results:
Location Preference. She said
that looking at this data in a different perspective, the responses from
attendees were fairly even among the three choices. She opined that the reality for her was that
everybody that showed up for the meeting was opposed for the most part. She displayed Questionnaire Results: Public Comments and noted that most of the
comments were about being opposed to the project with a preference for the
trail to go down Sanford Avenue in order to pull in the traffic or attention to
the downtown area.
Ms. Gerber advised that
a signed petition taken by Ms. Freeman shows that 19 of 21 people
overwhelmingly oppose a 10- to 12-foot path in front of residential properties
on Mellonville. She expressed that
during the presentation by CPH, they talked about safety as a fourth point, and
she opined it should really be first among all Public Works projects. She then displayed and discussed the slides
entitled Safety, Pedestrian Traffic Fatalities by State, Pedestrian Traffic
Fatalities Intersection vs. Non-Intersection, Speed Data Collected on
Mellonville, and We Can Do Better than Just Safe Enough. Ms. Freeman noted that 170 vehicles went by
on Mellonville near 8th in one hour, so it is a very busy street.
The Impact of Roadway
Speed on Pedestrian Safety slide was shown and Ms. Gerber stated the graph
shows when you reduce the speed from 30 mph to 20 mph, the incidence of
potential fatality goes down by 40%. She
then reviewed a map showing vehicle crash incidences on Mellonville from June
2014 to June 2017, and another slide showing the same for Celery Avenue. She noted there were three fatalities on
Celery in that time frame.
Ms. Gerber displayed
2016 FDOT Standards and Beyond and noted a change for 2018 that states bicycle
lanes are the safest, most efficient bicycle facility within a roadway
right-of-way. She then reviewed
Environmental Impact and Archaeological and Historical Impact. Ms. Freeman discussed the survey marker on
Mellonville.
Chairman Horan noted he
received a Written Comment Form (received and filed) from Sara Jacobson,
Seminole Boulevard, who is in favor of Alternative A.
Phill Lomness, 101 &
91 Crescent and 300 & 708 Mellonville Avenue, addressed the Board to state
his concerns. He stated he travels
Celery Avenue every day, twice a day. He
spoke with a crossing guard there who is very concerned about the safety of the
children. He opined they are not even
looking at that and Celery is a disaster waiting to happen. He called Central Florida Bike Club and he
noted that Bike World of Orlando calls Riverwalk a scenic bike trail, and he
doesnt believe anyone would want to be on that trail when the bikes are doing
20 mph. He also wants to know what they
are planning to do with the property on the corner of Celery and
Mellonville. It was implied to him by
one of the people involved with the project that it was going to go to Sanford
for more ball fields. He also mentioned
all the ball fields down from there where kids ride their bikes to go
there. He agrees with Commissioner
Dallari that they should find a way to share the roadway.
Jay Jurie, 408 S.
Virginia Avenue, addressed the Board to say he is a bicyclist and supports
trails and accommodations of bicyclists in general. He would not be directly affected by the
proposed trail but he is concerned about his neighbors on Mellonville, and he
would not want a 12-foot bike path to go down in front of his property and
doesnt think anyone would. He is happy
to hear the idea of narrowing it to eight feet if possible. He stated looking into the future, he feels
the best alternative for this route would be along the lakefront to along the
Lake Monroe Canal where it junctions into CR 415. He realizes it is unrealistic and there is a
lot of money involved, but when people ride bikes, they really want to ride the
most scenic route possible. He believes
the idea of Complete Streets is the right concept and it is actually something
that he deals with. He supports the
initiative to push the idea of Complete Streets and to engage with consultants
and staff to craft something that is going to be workable.
With regard to public
participation, no one else in the audience spoke in support or in opposition to
Item #49 and public input was closed.
Speaker Request Forms
were received and filed.
Motion by Commissioner Carey, seconded by
Commissioner Henley, to table Item #49 in regard to the Design of the Lake
Monroe Trail Loop from Sanford's Riverwalk along the east side of Mellonville
Avenue to the north side of Celery Avenue, and along the north side of Celery
Avenue to SR 415, in order to give staff an opportunity to go back and look at
alternatives suggested by the public and by the Commission.
Commissioner Dallari
stated there are certain certifications for Complete Streets and he knows very
few people in Central Florida are certified for that.
Districts 1, 2, 3, 4 and 5 voted
AYE.
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Chairman
Horan recessed the meeting at 12:35 p.m.,
reconvening
at 1:30 p.m., with all Commissioners
and all other Officials, with the exception of Clerk of Court &
Comptroller Grant Maloy who was absent, County Attorney Bryant Applegate who
was replaced by Deputy County Attorney Lynn Porter-Carlton, and Deputy Clerk Terri Porter who was replaced by Deputy Clerk
Kyla Spencer, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Henley, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
PUBLIC HEARINGS
ORDINANCE TO CREATE ENGLISH ESTATES
(UNNAMED) LAKE RESOTRATION AND
AQUATIC VEGETATION AND LAKE MANAGEMENT MSBU
Agenda Item #50 PH-2016-649
Proof
of publication calling for a public hearing to consider
adoption of an Ordinance creating English Estates (Unnamed) Lake Restoration
and Aquatic Vegetation and Lake Management Municipal Services Benefit Unit
(MSBU) for funding lake restoration and ongoing management of the lake and
adoption of the preliminary capital assessment roll and the initial variable
rate assessment roll, received and filed.
Joe
Saucer, MSBU Project Coordinator, Department of Resource Management, addressed
the Board and reviewed the Item as outlined in the Agenda Memorandum. He stated the petition to create an MSBU
coordinated by the MSBU program for this requested assessment district
demonstrated 100% support level, exceeding the 65% level required for Board
consideration. He explained the
assessment boundary proposed for this MSBU includes six parcels with each
assigned one benefit unit. The initial
variable rate assessment for ongoing services is proposed at $600 and is
subject to change annually according to site conditions and budgeted
expenses. Mr. Saucer stated staff recommends
adoption of the Ordinance.
Commissioner
Carey stated in the backup material it says there was 83% support, but Mr.
Saucer reported 100% support. She asked
if he meant out of the 83% that participated, 100% voted yes. Mr. Saucer answered there was an initial
petition and then they had a change to the petition; so in the second petition,
100% responded. Commissioner Constantine
discussed naming the lake.
John
Torrey, 1423 Oxford Road, addressed the Board and stated he lives in English
Estates and wanted to provide some support for the item because as a homeowner,
he has been experiencing the situation for many years and wishes he could have
done something himself to help but it was not possible without the equipment.
Catherine
Davidson, 1427 Oxford Road, addressed the Board and stated she is also in
support of the item. She explained she
has tried cleaning out and maintaining the lake when she first moved in five
years ago to not much avail. She
discussed safety, property values, and rodent issues.
Kelsey
Blahnik, 1425 Oxford Road, addressed the Board and voiced the same support as
the previous speakers. She stated she is
the one who got this project started and thanked the Board for considering it. She discussed safety and rodent growth and pointed
out that all six residents who live around the lake are in full agreement in
regard to the item.
With
regard to public participation, no one else in the audience spoke in support or
in opposition to Item #50, and public input was closed.
Speaker
Request Forms were not received and filed.
Motion by Commissioner Henley, seconded
by Commissioner Carey, to adopt
Ordinance #2017-26 creating English Estates (Unnamed) Lake Restoration and
Aquatic Vegetation and Lake Management Municipal Services Benefit Unit (MSBU)
for funding lake restoration and ongoing management of the lake and adoption of
the preliminary capital assessment roll and the initial variable rate
assessment roll, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
BOARD OF
ADJUSTMENT APPEAL
130 BIRCHWOOD
DRIVE/Charles and Charlotte Joseph
Agenda Item #51 PH-2016-647
Proof
of publication calling for a public hearing to consider an appeal of the Board
of Adjustments decision to deny the request for a side street (west) setback
variance from twenty-five (25) feet to five (5) feet three (3) inches for a
privacy fence in the R-1AA (Single Family Dwelling) district for property
located on the south side of Birchwood Drive, approximately 800 feet west of
Derbyshire Road, and more particularly known as 130 Birchwood Drive, Charles
and Charlotte Joseph, received and filed.
Kathy Hammel, Planning
& Development Division, addressed the Board and noted this item was
requested by Commissioner Henley to be brought before the Board. She reviewed the Item as outlined in the
Agenda Memorandum. Ms. Hammel stated
staff recommends the Board uphold the BOA decision.
Charles Joseph,
Applicant, addressed the Board and explained in 2005, he presented a petition
with 10 signatures from neighbors supporting a request for a variance to put an
addition on his home and the request was granted. At the time, he presented a hardship case for
why he wanted to make that addition to the home as opposed to relocating and
the County agreed with him. He submitted
a permit application in 2016 to continue with the plan which was to put on a
patio addition and extend the fence to enclose the addition that was permitted
in 2006 under the 2005 variance. The
Building Department approved the permit and the patio was constructed. Mr. Joseph stated when he went to pull the
permit for the fence, which he had tied to the patio, it was denied. So right now he has essentially an unworkable
condition. He thought at the time that
the 2005 variance covered the side yard, and the Building Department agreed
with him when they gave him the permit originally to build the patio.
Mr. Joseph expressed he
is in a situation now where if he doesnt enclose the back patio, it is going
to be open to all of the residents on Maplewood Drive, which is not something
they want as evidenced by the petition he is submitting (received and
filed). He displayed and reviewed a
color-coded map (received and filed) and opined the residents of the two homes
marked with an X to indicate opposition are related to each other, and the
reason they are in opposition has nothing to do with the fence. Mr.
Joseph presented letters of support from neighbors Helen Endicott and David
Lollar (received and filed). He stated
there is overwhelming support to leave the fence where the fence is and
displayed a picture of his house (received and filed). He discussed the layout of his house and
property.
Commissioner Henley
stated in a way of disclosure, _%_he
met briefly with Mr. Joseph regarding his appeal
and _(t1__(u2_received two letters
in _({3_opposition as well
as some in support. He explained there are three variances on this property, two of which
were a long time ago; and the only
thing that is before the
Board_(1_ today is
the appeal for the privacy fence. He has talked with staff and
understands why they had to
recommend the way they did.
He has also talked with
the County Attorney who said the Board
has full authority, and it
is reasonable, if the _%_Board chooses, to overturn the
decision. Commissioner Henley
expressed the short section
of the fence is there for privacy and he can understand the Applicant_%_Applicant wanting privacy. He
explained when Mr. Joseph
was _)[1_granted a variance for the patio, he had
to _)d1_take down
an _)g1_old fence
in _)j1_order
to _)m1_install
the _)p1_patio.
He assumed since the patio had been approved
that he had the right
to _)1_reinstall the
fence in the same place, so
that's what he was
doing. Mr. Joseph stopped to call the
inspector who came
out _) 1_and
told him to stop
the _)1_work on
the fence because _)1_it wasn't covered_)1__)1_ by the variance that
was _)2_granted for
the patio.
Commissioner Henley recommended the Board overturn the Board of
Adjustments decision to deny, thereby granting the variance for the privacy
fence.
Joshua Odom, 247
Maplewood Drive, addressed the Board and stated the fence is beautiful. Everything Mr. Joseph has done on his
property has increased property value and the looks of the neighborhood. He opined if Mr. Joseph has to remove the
fence, its going to be a terrible setback and nobody on the street has a
problem with it except for the two people on the other side of the street.
Chris Peterson, 2150
Via Tuscany, addressed the Board and opined this is not a special
condition. He stated this is a variance
and to grant a variance, there are legal requirements and you must prove a
hardship. He argued the Applicant has
not demonstrated that he has a hardship.
Mr. Peterson discussed zoning codes and setbacks. He stated several years ago Mr. Joseph was
granted a variance to move his garage forward.
The Board of Adjustment has said that did not cover fences or anything
he wanted in his yard in violation of the zoning code. He voiced the fact that there has been no
hardship as defined by law discussed here today, and it is the Boards duty to
deny the request and uphold the Board of Adjustments decision.
Commissioner
Carey asked Mr. Peterson to identify his property on the color-coded map. Mr. Peterson answered he does not reside in
the neighborhood, but he is a mortgage holder on some of the properties. He added that at the original Board of
Adjustment hearing, there were numerous people in opposition in the area.
Mr.
Joseph stated at least 7 or more homes in the neighborhood have side-yard,
corner-lot conditions where their fence has been for 20-plus years, out within
15 feet of the street and his is almost 20 feet from the street. Mr. Joseph discussed how Mr. Peterson has
misrepresented himself. He explained Mr.
Peterson is the stepfather of the two homeowners that are in opposition and he
is using Seminole County as a tool to settle a vendetta that his daughters have
against the Josephs. Mr. Joseph stated
he presented the hardship case 12 years ago when he had the side-yard setback
adjusted to make room for a garage addition.
He presented a packet he prepared for the Board (received and filed) and
reviewed the photos included in the packet.
With regard to public
participation, no one else in the audience spoke in support or in opposition to
Item #51, and public input was closed.
Speaker Request Form
for Mr. Peterson was received and filed.
Commissioner
Henley stated he hoped to not
get into all of the things they have heard today and explained by granting the
variance and overturning the Board
of Adjustment's decision, it
does no harm to anyone or anybody in the community.
Motion by Commissioner Henley, seconded
by Commissioner Carey, to overturn
the decision of the Board of Adjustment, thereby granting the request for side
street (west) setback variance from twenty-five (25) feet to five (5) feet
three (3) inches for a privacy fence in the R-1AA (Single Family Dwelling)
district for property located on the south side of Birchwood Drive,
approximately 800 feet west of Derbyshire Road, and more particularly known as
130 Birchwood Drive, as described in the proof of publication; Charles and
Charlotte Joseph, Applicant; Development Order.
Chairman
Horan stated he finds hardship in terms of the fact that Mr. Joseph has an
exposed patio, having already been granted the variance to build that patio and
being able to in some way have the privacy that he thought he would have
had.
Districts
1, 2, 3, 4 and 5 voted AYE.
WATER SUPPLY WORK PLAN PROPOSED AMENDMENTS
TO
THE TEXT OF THE SEMINOLE COUNTY COMPREHENSIVE PLAN
Agenda Item #52 PH-2016-633
Proof of publication calling for a public hearing to consider
transmittal of proposed amendments to the text of the Potable Water,
Conservation, and Capital Improvement Elements of the Seminole County
Comprehensive Plan to implement the 2017 10-Year Water Supply Facilities Work
Plan, received and filed.
Ms.
Guillet stated staff is requesting a continuance of this item to the September
12 meeting.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the continuance of Item #52, and public input was closed.
Motion by Commissioner Dallari, seconded by
Commissioner Carey, to continue to
September 12th at 1:30 p.m., or as soon thereafter as possible, the request to
transmit the proposed amendments to the text of the Potable Water,
Conservation, and Capital Improvement Elements of the Seminole County
Comprehensive Plan to implement the 2017 10-Year Water Supply Facilities Work
Plan to State and Regional Review Agencies, as described in the proof of
publication.
Districts
1, 2, 3, 4 and 5 voted AYE.
UNNAMED ALLEYWAY VACATE
NEAR SOUTHWEST ROAD
Agenda Item #53 PH-2016-629
Proof of publication calling for a public hearing to consider
adoption of a Resolution vacating and abandoning a portion of a fifteen (15)
foot wide, platted, uncut, alleyway as recorded in Plat Book 3, Page 88, in the
Public Records of Seminole County, located on the south side of Harrison
Street, approximately 175 feet west of the intersection of Harrison Street and
Southwest Road, Sanford, Rafael Gonzalez, received and filed.
Brian
Walker, Planning & Development Division, addressed the Board and reviewed
the Item as outlined in the Agenda Memorandum.
He noted a correction to the staff report, the six-building apartment
community has been revised to one building with eight apartments in that one
building. He stated staff recommends
adoption of the Resolution.
Commissioner
Carey confirmed with Mr. Walker the total width of the unnamed right-of-way is
15 feet. She asked if the property where
the apartments are going is the undeveloped piece that is in the area between
Southwest Road and Harrison Street. Mr.
Walker answered yes and pointed out the property on the aerial included in the
agenda backup.
Rafael
Gonzalez, Applicant, addressed the Board and reviewed a sketch of the property
(received and filed). He stated he has
been working with the County regarding the final project which will be eight
apartments for the low-income elderly.
He explained approval of this item will allow him to have the correct
setbacks that he needs for the project.
Commissioner
Carey asked if the retention pond shown on Lot 16 is the proposed retention
pond for Mr. Gonzalezs development. Mr.
Gonzalez answered yes but reminded this is still in the process of being
completely fine-tuned.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #53, and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Constantine, to
adopt appropriate Resolution #2017-R-123 vacating and abandoning a portion of a
fifteen (15) foot wide, platted, uncut, alleyway as recorded in Plat Book 3,
Page 88, in the Public Records of Seminole County, located on the south side of
Harrison Street, approximately 175 feet west of the intersection of Harrison
Street and Southwest Road, Sanford, as described in the proof of publication;
Rafael Gonzalez, Applicant.
Districts
1, 2, 3, 4 and 5 voted AYE.
REAGAN CENTER CONSERVATION EASEMENT
RECONFIGURATION/Turgut Dervish
Agenda Item #54 PH-2016-612
Proof of publication calling for a public hearing to consider
adoption of a Resolution approving the First Amendments to Conservation
Easements to reconfigure two (2) unplatted Conservation Easements as recorded
in ORB 1907, Page 356 and ORB 2851, Page 112, into one (1) larger easement, for
property located on the north side of Ronald Reagan Boulevard and east of
County Home Road and U.S. Highway 17-92 (former Flea World site), more
particularly known as 4311 U.S. Highway 17-92, Turgut Dervish, received and
filed.
Ms.
Guillet stated staff received a request from the Applicant to continue this
item indefinitely so it will need to be readvertised. She explained the Board can decline to act on
it and Commissioner Carey responded if the Applicant has to come back, they
wouldnt want to have to go through the process and pay the fees all over again
so that would be the reason to continue it.
Commissioner Carey stated it is her understanding that they are having
issues working out a settlement with the Water Management District which is why
they have asked for it to be continued until such time as they work out
whatever the Water Management issue is.
With
regard to public participation, no one in the audience spoke in support or in
opposition to the continuance of Item #54, and public input was closed.
Motion by Commissioner Carey, seconded
by Commissioner Henley, to continue
indefinitely the request to adopt a Resolution approving the First Amendments
to Conservation Easements to reconfigure two (2) unplatted Conservation
Easements as recorded in ORB 1907, Page 356 and ORB 2851, Page 112, into one
(1) larger easement, for property located on the north side of Ronald Reagan
Boulevard and east of County Home Road and U.S. Highway 17-92 (former Flea
World site), more particularly known as 4311 U.S. Highway 17-92, as described
in the proof of publication; Turgut Dervish, Applicant.
Districts
1, 2, 3, 4 and 5 voted AYE.
120 DAY
MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR
ALTERNATIVE
EDUCATIONAL
SYSTEM IMPACT FEES
Agenda
Item #55 PH-2016-650
Proof
of publication calling for a public hearing to consider a request to approve an
Ordinance to impose a moratorium for 120 days on the acceptance of applications
for calculations of an alternative educational system impact fee; and amend Section
105.24 Alternative Educational System Impact Fee Calculation of the Seminole
County Land Development Code allowing for payment under protest during the
time of the moratorium, received and filed.
Lynn
Porter-Carlton, Deputy County Attorney, stated this is an
item that Paul Chipok,
Assistant County Attorney, worked on.
It is based on
the Board's direction at the June 13th
meeting to direct staff
to _11_proceed with
scheduling the ordinance
for the school impact
fee _13_moratorium with the objective
being that staff from the School
Board and staff from
the County would work
toward looking _11_at whether
to _11_change the school _11_impact
fee_11_. Ms. Porter-Carlton explained applicants who want to come _2"1_in for
development approval _2'1_would not
be _2*1_delayed
in doing so, they would be allowed
to _241_come in
and _271_pay the current_2:1__2;1_ fee under protest. Then
after action is taken, if they wanted
to _2J1_come in
and _2M2_apply for
rede_2Q1_termination
of _2T1_the
impact fee they could
do _2[1_so.
Ms. Guillet noted this
basically memorializes the action the Board took
at _2k1_the
June 13th meeting.
Commissioner Carey explained this is really
about the alternative education analysis
for _21_impact
fee_21__21_s, a variance on the impact
fee _21_from
what is required_21__21_. And just to be sure
the Co_%_unty is not
de_22_laying anybody or keeping anybody from coming
forward to make application, they
could pay under protest.
If at some point they
came back and they were able to make their case and be awarded, the County would refund the money that had been paid in
protest. Ms. Porter-Carlton
added the moratorium would run through
October 11th and they could
come back within 30 _3^1_days
after that October 11th expiration of the moratorium to request an alternative impact
fee.
Commissioner
Dallari pointed out that the effective date is June 13th and said he doesn't know
how they can do something retroactively. He stated it
also talks about amending the Land Development
Code to allow for payment _32_under protest during the moratorium.
He doesn't think they should be amending the Land Development Code
to unamend it. Ms.
Porter-Carlton responded the June 13th date is
the _31_date that
the _%_Board gave
direction to staff to
proceed.
Commissioner Dallari stated he would think that
it would be effective
on the date of the adoption of the public hearing,
and Commissioner Carey replied that would only
extend the time.
Commissioner
Carey stated the Board
gave pretty clear direction
of _31_what they
wanted staff to do. She
asked if the only reason they
are doing this is because they don't want somebody
to come in and apply
for _31_an alternative
educational request.
Ms. _%_Porter-Carlton answered that is correct. She
explained there's a
doctrine called the Pending Ordinance _%_Doctrine that would allow
the Board
to do that. Commissioner
Carey _4D1_asked wouldn't it also allow
the Board not to accept that without
a moratorium in place. Ms. Porter-Carlton
answered under the Pending Ordinance Doctrine, the Board can say
because they are working
towards adopting an
ordinance
regarding alternative educational impact fees, that they
would not accept any
applications for the _42_alternative
computation. Commissioner
Care_41_y stated they
can do that using the
pend_41_ing amendments
to _41_their impact
fee ordinance. _%_
Commissioner
Carey asked if there really
is a need
for a moratorium since they already said they would like to look at it further
and investigate. _%_Ms. Porter-Carlton
replied Mr. Chipok who was assigned to this
matter can address that. He prepared _41_it based
on the Board's direction
on June 13th._%_ Mr. Chipok addressed the Board and explained the
idea of the ordinance is that during
the pendency of looking at revisions to the alternative impact fee analysis_41__41__41_ provisions in the current code, staff did
not _41_want to
have new applications coming in.
The June 13th date
was _5/1_the
date that the _%_Board approved the
moratorium ordinance moving
forward in concept
so _5A1_that
was the date staff
started the 120 days running so
it would be a finite period of time.
In
regard to the Pending
Ordinance Doctrine, Mr.
Chipok stated once they
start contemplating working on an
ordinance, they have the _5c1_ability to
reject applications. So
they have a period
to work and contemplate
the_5|1_ new regulations _51_without having to deal with things under the current
set _51_of regulations.
But to do that without
taking the next step
of _51_actually doing a
form_53_al moratorium
is _52_questionable. He reiterated the Pending
Ordinance Doctrine will get them to the June 13th date, but the moratorium
is _51_what really
cements it in. Mr. Chipok
explained if the Board
doesn't want to proceed in that
manner, they don't have
to; but at the same time,
if that's the direction they want to take, staff will _51_not be
able to reject applications during the
pendency of the new regulations coming
in_51_.
Chairman
Horan stated the reason he likes the idea of an ordinance that
memorializes the moratorium is because they are giving notice to everybody out
there that this is being considered. It then becomes more than just an
administrative thing that they are doing.
Ms. Guillet noted she
doesn't believe that in the
time period from June 13th
to today's date they have had anybody try
to apply for an alternative impact.
Commissioner Dallari
asked if they could change it
to today. Commissioner
Carey _61__61_answered she just assumes
it _61_be
June 13th; if it's going
to be a 120-day
mor_62_atorium, the shorter the better.
She opined staff
believes that is enough time for
them to review the information.
Mr.
Chipok stated the ordinance has been specifically advertised
with the October 11th end
date already in it; so since it has
been set for a finite period of time, they
should keep it at the finite period of time ending on _%_October 11th so
that they don't have any
not_61__62_ice problems. If they are
approaching October 11th and determinations and discussions
with the School _61__#_Board have not come to fruition for exactly how they
are going to address the
alternative studies in the future,
the Board has the ability to
extend the moratorium at
a _7(2_future date. He
noted the idea is to keep the period short to keep the pressure
on_7>1_.
Commissioner
Dallari stated his other issue is amending the Land Development Code. He
inquired if it is just a
moratorium, why do they have to amend the Land Development
Code_7A1__7\1_.
Mr. Chipok answered if they just
did _7a1_a moratorium, they would not
take applications; and under the
present code,
the way it reads is
you _7|1_have to
pay _71_your impact fees in
order to get your building
permit.
Commissioner Carey confirmed with Mr. Chipok that
this basically allows the development community to continue to move forward and
not be delayed because they are looking at something but to pay _8!1_under protest. Mr. Chipok added that is why they had to
address it in the Land Development Code
as well instead of just a
straight moratorium. Commissioner Carey confirmed
with Mr. Chipok that it went to the Planning & Zoning Board
because they are amending the Land
Development Code.
With
regard to public participation, no one in the audience spoke in support or in
opposition to Item #55, and public input was closed.
Motion by Commissioner
Constantine, seconded by Commissioner Carey,
to adopt Ordinance #2017-27 to impose a moratorium for 120 days on the
acceptance of applications for calculations of an alternative educational
system impact fee; and amend Section 105.24 Alternative Educational System
Impact Fee Calculation of the Seminole County Land Development Code allowing
for payment under protest during the time of the moratorium, as described in
the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT REPORTS
District
1
Commissioner
Dallari stated there is an MSBU on Horseshoe Lake which comprises an area of
Oviedo and an area of Chuluota; and in that MSBU Ordinance, there are
appointments for a liaison. He noted he
has a written request (received and filed) from Lori Frost.
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to appoint Lori Frost
to the Horseshoe Lake MSBU.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Commissioner Dallari announced he would be
absent at the August 8th meeting due to a conflict.
District 3
Commissioner Constantine announced the Central Florida Zoo is
hav_81__81_ing a VIP opening on
July 26th for the bear habitat exhibit,
and then a couple days
after that it will be open for pass holders, and then
open to the
public on the 1st of August.
-------
Commissioner Constantine stated the Central Florida
Expressway will
be opening Section 1A and 1B of the Wekiva Parkway at 9:00 a.m. on the 27th. Also that
same day, LYNX
will be having a
board meeting. And
on the 28th, he and Mr. Applegate will
be _81_doing an
eth_9!2_ics luncheon
at _9&4__#_Greenberg Taurig
in which Mr. Applegate
is going to do a
presentation. They have asked Commissioner
Constantine to comment on
how _9O1_the
County got to the agreement for
the Wekiva River Basin Commission and therefore, the bill _9_1_that passed
in _9c2_2004,
the _%_Wekiva Parkway
Protection Act.
-------
Commissioner Constantine reported in regard to the Public Service Commission, at the hearing _91_on the 3rd, Public Service
Commission's staff did recommend the consolidated rate
for Utilities, Inc. He
doesn't think that they recommended
the _92_entire approval
of around $7 million, but staff supported a $6 million _91_plus approval
with the biggest _92_losers in
this consolidation being
the_91_ old Sanlando
customers which are the County's citizens. He
reiterated that is just
a _91_staff recommendation but unfortunately he can only recall in the most
recent past one case that a staff recommendation was not accepted. Commissioner
Carey _:81_stated
they have new members on the PSC that may take different positions. She
asked if the County will be speaking to
that at the actual board meeting, and Commissioner Constantine
answered yes. He
added their lobbyist is still
there and still working, but there will be four members instead of five so instead of three votes all
they need is two votes against it.
District 4
Commissioner Henley
stated he has been receiving _:1__:1_a number
of _:1_complaints
regarding traffic on North Street. Several years ago
the County
had _:1_to deal
with FedEx, UPS and
all of those trucks coming out
of_:1_ Bennett
Drive onto North
Street and vehicles would get lined up. The
County_:1_ changed it _;#1_to where
they had _;'1_to go to
Ronald Reagan Boulevard to SR 434 rather than through the
neighborhoods, but now the
18-wheelers are coming _;?1_down North
Street.
Commissioner Henley said he has asked the County Manager
to have staff look
into this; and if
there is the
problem that has been described,
come up with a recommended solution
for this Board to deal
with. He discussed North
Street being a heavily traveled road and
stated a number of truck drivers have asked for permission to speak to the Board, so perhaps staff can have
time to work something out so the Board
can meet with them. Commissioner Constantine commented that Deputy County Manager
Bruce_%_ McMenemy
is meeting with them in the next couple of days and he has also mentioned to Public Works
Director Jean Jreij to look into the issue. Commissioner
Carey discussed a similar
issue they had along Markham Woods Road. She suggested having signage on North Street to say "local deliveries only" which
would force them to take a left on North
Street from Bennett Drive
and go to Ronald Reagan Boulevard
or to go out the other end onto SR
434.
District 5
Commissioner
Carey added to Commissioner Constantine's announcement
regarding the Central Florida Expressway's
opening of Sections 1A and 1B. She stated they got a TIFIA (Transportation
Infrastructure Finance and _%_Innovation Act) loan and saved
over $200 million in
financing for that
project, which is highly unusual.
Commissioner Carey stated at their last CFX board meeting, they
welcomed the new board member from Brevard.
She reminded the Legislature
had expanded the footprint to include Brevard
County, and Commissioner Jim Barfield is their appointment to the commission. She
mentioned some of the Commissioners may know him or have
met him at FAC (Florida Association of Counties),
but he seems to be a sharp guy and she
thinks he will hit the ground running.
Commissioner Carey discussed the Reload
Lane at SR 408 and _%_Conway Toll
Plaza where you can load your
E-Pass. She stated CFX has
added two additional Reload Lanes at John Young
Parkway and SR 417 and at SR 429 and _%_Forest Lake
Plaza. These
Reload Lanes are the first of their kind
in the continental U.S., so they are very excited about
the increased ridership that they have and the ease that they are trying to
make for the traveling public.
Commissioner Carey reminded a while back, CFX made a decision _=Q1_to waive tolls for school buses,
and _=X1__=Y1_the school buses
that travel on their roads had
a _=d2_savings of
$266_=l1__=m1_,000 to the school _=n1_districts during the last fiscal year of 2016/2017.
Commissioner Carey stated it
has been confirmed that
there will be $10
million committed for
the I-4 shoulder work to
occur between SR 434 and Sanford
along I-4 and another $496
million earmarked for the year 2027 for further permanent improvements along I-4. She
noted it is always great news whenever they can get funding to make those
improvements.
-------
Commissioner Carey announced
Shepherd's Hope, in partnership
with Nemours Children's _%_Health
System, is offering_=1_ free
back_=1_-to-school physicals for
the uninsured. Appointments
are required and the Florida Department of Health
required Form DH 3040 will be
issued at the end
of the physical exam. The location for that is the Longwood _>+2__#_Shepherd's Hope
Health Center in the plaza Sharing
Center and they're going to be doing those
exams on July 31st, August 3rd and August 9th. If
somebody needs to call to make an appointment, the number is 407-876-6699
extension 243. _%_She requested staff put that information on the County's website.
CHAIRMANS REPORT
Chairman Horan
stated the Board has received two requests for _>3_resolutions. One was a
request from _>1__%_Representative Emily Slosberg,
who is not from
the area, _>1_for a
resolution in favor of passing laws which
make texting while driving a crime_>1__>1__>1__>3__>1__>2_. Commissioner
Dallari replied MetroPlan has it as a priority on their
list. Chairman Horan stated the other request is from the City
of Oviedo. They
have asked the Board to join
with them in a resolution to send a request to the United States
Army Corps of Engineers to reinstate its cleanup
efforts of Lake Jesup with _>1_regard to TMDLs. Commissioner Carey
suggested this may be something _?-1_staff
could look at and make
a _?41_recommendation, and Chairman
Horan _%_agreed
and said he will pass this to staff to
make a recommendation.
-------
Chairman Horan advised the Board has a
request from the Sheriff
regarding approving participation in Central
Florida CrimeLine Inc. He
explained by using CrimeLine as the County's
agent, they get a
grant from the Feds; and under Florida
Statute, CrimeLine then goes ahead and
advertises information.
Motion
by Commissioner Dallari, seconded by Commissioner Carey, to authorize the
Chairman to send a letter to the Sheriff regarding approving participation in Central Florida CrimeLine Inc.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
Chairman Horan discussed two economic
development events that occurred recently in the
county. The Obassadors, which is a group of bloggers and tourist
writers from the Orlando Economic Partnership,
visited and were s_?1_quired around
various sites by the County's Tourism
and _?2__#_Economic Development
personnel. He
opined the different niches on the web are an amazingly effective way of
building communities for economic
development.
-------
Chairman Horan stated he and Commissioner Carey attended a reception hosted by _%_Constant Aviation
at the Orlando Sanford International Airport for the new Executive _%_Director, President
of Orlando Economic Partnership,
Tim _%_Giuliani. Mr.
Giuliani is an impressive young man and he's going
to _@1_be great
for the organization.
In regard to the Orlando Sanford International Airport, Chairman Horan
reported they serve almost 2.8 million passengers and have 75 nonstop
destinations. There has been tremendous
growth at the airport and it has received a number of different awards.
-------
Chairman Horan stated the District 5
freight-parking study is continuing. An Indust_@1_ry Working
Group meeting _@1_will
be held July 27th from 10:00 a.m. to
11:30 a.m. at the FDOT Orlando Urban Office
at 133 South Semoran Boulevard. He
expressed he hopes
they are making some progress
with regards to their study of
the truck parking _AU1_and truck
infrastructure _A[1_here in
Central Florida.
-------
Chairman Horan mentioned so it doesn't get lost
in the conversations, this morning the Board spent
a _Aq1_lot of
time trying to work out the Clerk's
moving logistics. They
have done a nice renovation of the jury room
at the Criminal
Courthouse and they now have a
permanent vendor who
provides coffee and food.
He has had several people comment that the improvements are
quite enjoyable in the sense that they
now have a more commodious place to be when they are on jury duty in the Criminal Courthouse. Commissioner Carey noted they will hopefully have that soon at the Civil Courthouse.
-------
Chairman Horan stated the Charter Review
appointees need to be made at the August 8th meeting and confirmed with the
Board that they would be prepared to do so.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports
were received and filed:
1.
Letter dated June 26, 2017, from
Teresa Jacobs, Orange County Mayor, to Chairman Horan re: I-4 Beyond the
Ultimate Task Force.
2.
Letter dated June 30, 2017, from the
City of Oviedo City Council, to Chairman Horan re: Cleanup of Lake Jesup.
3.
Letter from James Stansbury, Chief,
Bureau of Community Planning and Growth, Florida Department of Economic
Opportunity, to Chairman Horan re: Notice of intent to find Seminole County
Comprehensive Plan Amendment in compliance.
COUNTY MANAGERS REPORT
Ms. Guillet stated she is seeking
the Board's confirmation of
the appointment of Rafael Terrero as the Environmental
Services Department _%_Director. Mr. Terrero has been serving in an interim capacity for a number of months and he's
certainly risen to the occasion.
Motion
by Commissioner Constantine, seconded by Commissioner Dallari, to appoint
Rafael Terrero as the Environmental Services Department Director.
Districts 1, 2, 3, 4 and 5 voted AYE.
-------
There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 2:42 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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