BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
August 13, 2019
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, August
13, 2019, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice
Chairman Jay Zembower (District 2)
Commissioner Robert Dallari
(District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy Clerks Chariti Colón and Terri
Porter
Pastor Ron Williams, Palmetto
Avenue Baptist Church,
Sanford, gave the Invocation. Commissioner
Zembower led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Pet Suites was
presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1548
A
video highlighting Colonel Kittinger’s military
contributions and achievements was presented.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart,
to adopt a Proclamation recognizing Colonel Joseph W. Kittinger
II, United States Air Force, Retired, as Seminole County’s August 2019 Veteran
of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #2 – 2019-1511
Chairman
Carey advised the request to adopt a Resolution
recognizing David W. O'Brien, Resource Manager, for his service to Seminole
County Government has been continued
to the next meeting.
CONSENT AGENDA
With
regard to public participation, no one in the audience spoke in support or
opposition to the Consent Agenda, and public input was closed.
Commissioner
Dallari requested Item #15, 2017 School Shelter
Retrofit Program Grant Agreement; Item #16, 2018 School Shelter Retrofit Program
Grant Agreement; and Item #28, Ranking List for PS-2468-19, be pulled for a separate discussion.
Motion by
Commissioner Constantine, seconded by Commissioner Lockhart, to authorize and
approve the following:
County
Manager’s Office
Office
of Emergency Management
3. Approve and authorize the Chairman to execute
the Memorandum of Understanding with Harvest Time International, Inc., for use
of facility during times of disaster. (2019-1549)
4. Approve and authorize the Chairman to execute
the Memorandum of Understanding with Second Harvest Food Bank, Inc., for food
services at emergency sites during disasters.
(2019-1550)
Human
Resources
5. Approve the employee benefit plan renewals with
Health Equity, Lincoln Financial, Standard Insurance (L. B. Byran
& Co.), Reliance Standard Life Insurance Company, ComPsych, Allstate,
Aetna, Florida Blue/Teladoc, Florida Blue & Prime Therapeutics; authorize
the County Manager to execute the renewal agreements; and approve the County
Regular and Wellness premium rates for Plan Year 2020. (2019-1546)
Community
Services
Community Development
6. Approve and authorize the Chairman to execute
The Low Income Weatherization Assistance Incentive
Agreement which allows Seminole County to receive rebates from Duke Energy for
making energy efficiency improvements for low-income homeowners in the Duke
Energy Service Area. (2019-1544)
Development Services
Building
7. Approve
the issuance of a Notice of Determination that the unoccupied structure located
at 125 Leon Street, Altamonte Springs, is a Public Nuisance; and authorize the
Building Official to: (a) serve Notice of this determination, 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, based on the Building Official's certified findings. (2019-1445)
Planning and Development Division
8. Approve
the plat for the Poppys Dike Road Acres subdivision
containing three (3) lots on 3.39 acres zoned R-1AAA, Single-Family Dwelling,
located on the north side of Dike Road, approximately 750 feet east of Tuskawilla Road; John Giuliani, Applicant. (2019-1527)
Leisure Services
Greenways and Natural Lands
9. Approve
and authorize the Chairman to extend the “Notice of Termination” date to a date
certain of January 15, 2020, and continue with the current caretaker agreement
in effect until that date. (2019-1537)
Public Works
Engineering Division
10. Approve and authorize the Chairman to execute
a Purchase Agreement in the amount of $65,000 between property owner, Sun Rail
Village, LLC, and Seminole County for property necessary for the construction
and maintenance of a sidewalk along a portion of Airport Boulevard at State
Road 46. (2019-1521)
11. Approve and authorize the Chairman to execute
a Purchase Agreement in the amount of $180,000 between property owners, Philip
S. Nestor and Darriah G. Nestor, and Seminole County
for approximately 0.55 acres of property necessary for the construction and
maintenance of Fire Station #39 on 1st Street, just east of Orange Boulevard. (2019-1541)
Facilities
12. Approve and authorize the Chairman to execute
the First Renewal of Florida Auto Auction Properties, LLC, d/b/a Orlando
Longwood Auto Auction Lease. (2019-1482)
13. Approve and authorize the Chairman to execute
the First Amendment to Reflections of Hidden Lake Environmental Services
Department Lease. (2019-1502)
Resource Management
Budget Division
14. Approve and authorize the Chairman to execute
Modification #1 to Subgrant Agreement with State of Florida, Division of
Emergency Management, for the Federal Emergency Management Agency (FEMA) Hazard
Mitigation Grant Program (HMGP) for Mullet Lake Park Drainage Project, to
extend the term of the agreement to May 31, 2020. (2019-1522)
15. Pulled for a separate discussion.
16. Pulled for a separate discussion.
17. Approve
and authorize the Chairman to execute appropriate Resolution #2019-R-128
implementing Budget Amendment Request (BAR) #19-083 through the 2001
Infrastructure Sales Tax Fund in the amount of $2,876,192, to reduce funding
for projects that are complete or phases of projects that are complete, to
reserves. (2019-1530)
18. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-129 implementing Budget Amendment Request (BAR)
#19-084 through the 2014 Infrastructure Sales Tax Fund in the amount of
$3,710,056, to reduce funding for projects that are complete, to reserves. (2019-1531)
19. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-130 implementing Budget Amendment Request (BAR)
#19-086 in the amount of $400,000 through the Property and Liability Fund
reserves to provide additional funding for Property and Liability claims. (2019-1533)
20. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-131 implementing Budget Amendment Request (BAR)
#19-089, through Mosquito Control Grant Fund in acceptance of a purchase order
allocation from the Florida Department of Health, to provide domestic mosquito
control for Zika Virus in the amount of $93,000 effective through June 30, 2020. (2019-1525)
21. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-132 implementing Budget Amendment Request (BAR)
#19-090 through General Fund Reserves in the amount of $14,894 for the increase
in payment to the State of Florida for Medicaid services effective July 1, 2019. (2019-1528)
22. Approve and authorize the Chairman to execute
a Grant Agreement with State of Florida, Division of Emergency Management, for
the Emergency Management Performance Grant (EMPG) annual agreement in the
amount of $116,015 for Emergency Operations; and execute appropriate Resolution
#2019-R-133 implementing Budget Amendment Request (BAR) #19-092 through the
Disaster Preparedness Fund in the amount of $4,115 in additional funding added
to the approved budget amount of $111,900.
(2019-1536)
23. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-134 implementing Budget Amendment Request (BAR)
#19-093 through the Home Grant Fund in the amount of $3,510 for appropriation
of program income through grant assistance payoff. (2019-1526)
24. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-135 implementing Budget Amendment Request (BAR)
#19-094 through the Court Support Technology Fee (Art V) Fund to reallocate
$61,260 of operating budget for the procurement of a Hybrid Flash Storage Array
and associated components. (2019-1534)
MSBU
25. Approve and authorize the Chairman to execute
the Wekiva Green - Churchill Drive Road Improvement MSBU Satisfaction of Lien
documentation for Parcel 06-21-29-521-0000-0140 for which the associated
capital non-ad valorem assessment has been paid in full. (2019-1454)
Purchasing & Contracts
Division
26. Rescind the award of SS-603531-19/ESN,
Purchase of Phenix TL-2 Leather Fire Helmets, with Anclote Fire & Safety
Products, Palm Harbor; authorize the purchase through Hydro-Stat, Inc.,
Deerfield Beach; and authorize the Purchasing and Contracts Division to issue
Purchase Orders on an as-needed basis. (2019-1532)
27. Award RFP-603440-19/TLR, Term Contract for
Staffing Services and Contract Services for Information Services, to A.B.
Closing d/b/a Kavaliro, Orlando; RADgov,
Inc., Ft. Lauderdale; SDTR Consulting, LLC, Lake Mary; SGS Technologie,
LLC, Jacksonville; Tec-Link, LLC, Tampa; and Visium
Resources, Inc., Maitland; and authorize the Purchasing and Contracts Division
to execute the agreements. (2019-1529)
28. Pulled for a separate discussion.
29. Award IFB-603507-19/BJC, Stormwater Culvert
Closed-Circuit Television (CCTV) Video Inspection Services, to Atlantic Pipe
Services, Inc., Sanford, and Hinterland Group, Inc., Cocoa; and authorize the
Purchasing and Contracts Division to issue Purchase Orders on an as-needed
basis. (2019-1501)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #15 (2019-1523)
and Item #16 (2019-1524)
Modifications to Division of
Emergency Management Grant
Agreement for 2017 and 2018
School Shelter Retrofit Program
Commissioner
Dallari stated he has no issues with these items, but
he would like a status update on having trained medical staff at the shelters
during hurricanes because he is aware the University of Central Florida College
of Medicine is training their medical students to staff shelters during
emergency situations. Alan Harris,
Office of Emergency Management Director, addressed the Board and explained since
the State of Florida has decreased the number of medical staff in the
Department of Health on a county basis across the state over the last ten years,
the County has been trying to fill that gap with MOUs with home health care
agencies; but they have not met the standards.
Over the last eight years, they have been trying to launch a program
with the University of Central Florida College of Medicine to have trained
medical students work inside the special needs
emergency shelters, and this year was the first year UCF said they would do
that. Mr. Harris explained there is some
funding that goes along with that, and Dr. Husty,
Medical Director, has been paying it out of his own pocket. Commissioner Dallari
stated he will be bringing this up during budget session, but he wanted to make
sure the Board is informed.
Motion by Commissioner Dallari, seconded
by Commissioner Constantine, to approve and authorize the Chairman to execute
Modification #4 to State Grant Agreement with State of Florida, Division of
Emergency Management, for the 2017 School Shelter Retrofit program, to extend
the term of the agreement to December 31, 2019.
(2019-1523)
Motion by Commissioner Dallari, seconded
by Commissioner Constantine, to approve and authorize the Chairman to execute
Modification #1 to State Grant Agreement with State of Florida, Division of
Emergency Management, for the 2018 School Shelter Retrofit program to increase
the funding by an additional $815,000 for a total of $1,805,000; and to execute
appropriate Resolution #2019-R-127 implementing the Budget Amendment Request
(BAR) #19-091 through the Public Safety Grant (State) Funds in the amount of
$815,000. (2019-1524)
Upon inquiry of
Commissioner Lockhart, Mr. Harris stated the annual cost for the UCF students
is about $10,000. Upon inquiry of
Chairman Carey, Mr. Harris explained the qualifications of school nurses and
health department nurses do not meet the clinical requirements needed to staff
special needs shelters. The Chairman
inquired if residents were able to register their special needs with the
County. Mr. Harris responded they are
and that is a function of the Office of Emergency Management and required by
Florida statute. There are currently
over 1,400 residents registered with the special needs program and well-check
program. Staff goes to each of those
individuals annually to update their information. The Chairman inquired how many special needs
residents sheltered during the last hurricane, and Mr. Harris responded there
were approximately 950 with approximately 12 nurses.
Commissioner Lockhart stated
Seminole State has a bachelor's in nursing program and suggested they be
contacted. Mr. Harris explained he and
Dr. Husty have approached Seminole State and they are
not currently willing to participate.
Commissioner Lockhart noted many of the students from the Health Academy
at Seminole High School continue their education at Advent Health College and
they might be another entity to reach out to, and Mr. Harris responded he will
contact them.
Districts
1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #28 -
2019-1535
Approve ranking list for
PS-2468-19
Commissioner
Dallari stated instead of approving the top two
companies as requested by staff, he would like to approve the top three
companies: GAI Consultants, Inc.;
S&ME, Inc.; and CPH, Inc. No objections were voiced.
Motion by Commissioner Dallari, seconded
by Commissioner Lockhart, to approve ranking list; authorize staff to negotiate
rates in accordance with Florida Statute Section 287.055, the Consultants
Competitive Negotiation Act (CCNA); and authorize the Purchasing and Contracts
Division to execute three (3) Master Service Agreements (MSAs) for
PS-2468-19/TAD, MSA for Landscape Architect Services.
Districts
1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s Consent
Agenda Item #30
Motion by Commissioner
Dallari, seconded by Commissioner Zembower,
to approve Expenditure Approval Lists dated June
17 and July 8, 15, 22, and 29, 2019; and Payroll Approval List dated, July 11, 2019. (2019-1545)
Districts 1, 2, 3,
4, and 5 voted AYE.
Clerk & Comptroller’s “Received
and Filed” Documents
1.
Recapitulation
Report from the Seminole County Tax Collector identifying errors, insolvencies,
double-assessments, and discounts applicable to the 2018 Tax Roll.
2.
Memorandum
dated July 8, 2019 from Bryant Applegate, County Attorney, to Terri Porter,
Commission Records, advising the transcript from the June 11, 2019 BCC Closed
Session regarding River Cross Land Company, LLC v. Seminole County has been
received by his office and will be released after the conclusion of the
litigation.
3.
Public
Officers’ Oaths for various boards and committees signed by J. Hattaway, R. Wolframe, J.M. Bass,
J. Hames, J. Wines, M. Wesson, M. Chan, M. Fratrick,
T. Greene, K. Fogle, R. Turnage, S. Smith, K. Kilger,
and E. Schuckman.
4.
Maintenance
Bond #CMS335513 (Streets, Curbs, Storm Drains) and Increase Penalty Rider for
the project known as Legacy Estates f/k/a East Lake Estates in the amount of
$66,703.21; Pulte Home Company, LLC.
5.
Recording
of Plats, Title Opinion Letter, and Performance Bond #SUR0048102 (Roads,
Drainage, Water, Sewer, Hardscape & Landscape) for the project known as
Hideaway Cove at Oviedo-Phase 1 in the amount of $1,430,241.33; M/I Homes of
Orlando, LLC.
6.
Maintenance
Bond #SUR0048105 (Private Road) for the project known as Hideaway Cove at
Oviedo-Phase 1 in the amount of $267,292.33; M/I Homes of Orlando, LLC.
7.
Performance
Bond #SUR0048070 (Roads, Streets, Drainage) for the project known as Orange
Creek in the amount of $712,639.81; M/I Homes of Orlando, LLC.
8.
Florida
Public Service Commission Consummating Order #PSC-2019-0274-CO-EI re: Request
for AFUDC by Duke Energy, Docket #20190069-EI, Issued July 9, 2019.
9.
Florida
Public Service Commission Order #PSC-2019-0277-PAA-EQ re: Notice of proposed agency action approving
Duke Energy’s petition to amend Schedule COG-2 and Interconnection Agreement,
Docket #20190079-EQ, Issued July 15, 2019.
10.
Florida
Public Service Commission Consummating Order #PSC-2019-0288-CO-EI re: Petition
for approval of Supplemental Power Services Pilot Program and Rider by FP&L
Co., Docket #20190034-EI, Issued July 19, 2019.
11.
Florida
Public Service Commission Final Order #PSC-2019-0292-FOF-EI re: Approving Duke
Energy’s petition for a second solar rate base adjustment, Docket #20190072-EI,
Issued July 22, 2019.
12.
Florida
Public Service Commission Conference Agenda for Tuesday, August 6, 2019, 9:30
a.m., Betty Easley Conference Center.
13.
Florida
Public Service Commission Consummating Order #PSC-2019-0298-CO-EQ re: Petition
for approval of renewable energy tariff and standard offer contract by
FP&L, Docket #20190082-EQ, Issued July 26, 2019.
14.
Developer’s
Commitment Agreement #19-20500014, Brookmore Estates
Phase III; Land Bankers, Inc.
15.
Denial
Development Order #19-30000044, 2736 Lake Howell Lane, Irwin and Patricia
Weinstein.
16.
Approval
Development Orders #19-30000046, 1504 Oberlin Terrace, Sharon Taylor;
#19-30000047, 1348 Tierra Circle, William and Quehuong
Rudloff; #19-30000048, 3018 Dellcrest
Place, Ann Olson; #19-30000049, 402 Cherokee Lane, Nelson and Laura Fernandez;
#19-30000050, 219 Ringwood Drive, Jesse and Roxy Campos; #19-30000051, 242
Overlook Drive, Michael and Brianna Sanches; #19-30000053,
2402 Dakota Trail, Rena Tchekmeian and Rose Tchekmeian; #19-30000054, 617 Brookfield Loop, Jamie and
Audrey Hacker; #19-30000056, 224 Meadow Beauty Terrace, Kevin and Rachael
Lanigan; and #19-30000057, 1518 Katie Cove, Aric Vinacke.
17.
Bill
of Sale accepting water and sewer systems for the project known as Hideaway
Cove-Phase 1.
18.
Conditional
Utility Agreement for water and wastewater services with Optigrate
Corporation for the project known as IPG Oviedo Technical Center.
19.
Tourist
Tax Funding Agreement with Florida Half-Century Amateur Softball Association,
Inc. for the July Senior Softball Tournament.
20.
Tourist
Tax Funding Agreement with Nations Baseball, LLC d/b/a USSSA Baseball for the
Summer Slugfest.
21.
Tourist
Tax Funding Agreement with Prospect Wire, Inc. for the Florida State
Championship.
22.
Tourist
Tax Funding Agreement with Suncoast Athletics Sports Group, Inc. for the
Florida All-Star Games.
23.
Tourist
Tax Funding Agreement with Perfect Game Youth Florida, Inc. for the FTB
Instructional Camp.
24.
Work
Order #4 to PS-0033-15 with Bentley Architects & Engineers, Inc.
25.
Amendment
#3 to Work Order #1 to PS-0201-15 with Environmental Research & Design,
Inc.
26.
Work
Order #24 to RFP-0336-15 with Site Secure LLC, A Miller Electric Company.
27.
Change
Order #1 to Work Order #23 to CC-0559-15 with CFE Corp.
28.
Closeout
to Work Order #25 to CC-0559-15 with Southland Construction, Inc.
29.
Work
Orders #20 and #21 to RFP-1294-17 with M&J Enterprises International, Inc.
30.
Amendment
#1 to Work Order #15 to PS-1320-17 with Southeastern Surveying and Mapping
Corp.
31.
Amendment
#1 to Work Order #16 to PS-1320-17 with Southeastern Surveying and Mapping
Corp.
32.
Work
Order #2 to PS-1405-17 with Johnson, Mirmiran &
Thompson, Inc.
33.
Work
Order #8 to PS-1474-17 with S2L, Inc.
34.
Work
Order #12 to PS-1822-18 with Reiss Engineering, Inc.
35.
First
Amendment to PS-1920-18 with Consor Engineers, LLC.
36.
Amendment
#1 to Work Order #4 to PS-1998-18 with Environmental Consulting &
Technology, Inc.
37.
Work
Orders #5 and #6 to PS-1998-18 with E. Sciences, Inc.
38.
Amendment
#1 to Work Order #6 to PS-1998-18 with E. Sciences, Inc.
39.
CC-2352-19,
Construction Services Agreement with COMANCO Construction Corp.
40.
First
Amendment to CC-2352-19 with COMANCO Construction Corp.
41.
CC-2439-19,
Construction Services Agreement with Convergint Technologies, LLC.
42.
CC-2499-19,
Construction Services Agreement with Mid-South Contractors, LLC.
43.
Amendment
#1 to M-2548-19 with Asphalt Paving Systems, Inc.
44.
Amendment
#4 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.
45.
Work
Order #2 to PS-9351-14 with CPH, Inc.
46.
Fifteenth
Amendment to RFP-600006-06 with Cato Environmental Services, Inc.
47.
Seventh
Amendment to IFb-601295-11 with Brightview Landscaping Services, Inc.
48.
Second
Amendment to M-602776-17 with Wekiva Outfitters, LLC.
49.
Second
Amendment to RFP-602846-17 with Cato Environmental Services, Inc.
50.
Second
Amendment to IFB-603311-18 with Convergint Technologies, LLC.
51.
RFP-603460-19,
Term Contract with Decon Environmental and
Engineering, Inc.
52.
RFP-603506-19,
Term Contract with Synergy Recycling of Central Florida, LLC.
53.
Bids
as follows:
IFB-603522-19 from Paramount Power, Inc.;
CC-2499-19 from Mid-South Contractors;
Dager Construction, Inc.; Linton Enterprises, Inc.; Blackstreet Enterprises, LLC d/b/a BSE Construction Group;
IFB-603527-19 from Pete’s Land Clearing,
LLC; USA Services of Florida;
IFB-603515-19 from Schuller Contractors,
Inc.; W.T. Comp, Inc.; All Terrain Tractor Service, Inc.; Central Florida
Environmental Corp.;
RFP-603440-19 from Paloma Technologies,
LLC; Techcore Management Solutions Services/ArchiTECH Solutions; SoftHQ,
Inc.; A.B. Closing Corp. d/b/a Kavaliro; AUE
Staffing, Inc.; Business Information Technology Solutions.com, Inc. d/b/a ABTSolutions; CORUS360; DatamanUSA,
LLC; Diskriter, Inc.; DevCare
Solutions; Elegant Enterprise-Wide Solutions, Inc.; Leneer
Data Assurance Solutions; Neumeric Technologies
Corp.; Paradigm IT Group, LLC; RADGOV, Inc.; SDTR Consulting, LLC; SGS Technologie, LLC; SVAM International, Inc.; vTech Solution, Inc.; Riptide Software, Inc.; System Soft
Technologies, Inc.; Tec-Link, LLC; Visium Resources,
Inc.;
BID-603544-19 from Playmore
West, Inc.; PlayPower LT Farmington, Inc. c/o Playworx; PlayCore Wisconsin
d/b/a GameTime; Top Line Recreation, Inc.; and
RFP-603506-19 from Synergy Recycling of
Central Florida; Common Ground Environmental, Inc.
Sheriff’s
Office Consent Agenda Item #31
Pulled
from the agenda request to approve expending $50,000 from the Law
Enforcement Trust Fund for the enhanced after-school program of the Boys and
Girls Club located in Oviedo.
(2019-1551)
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Chairman Carey recessed the
meeting at 10:14 a.m., reconvening
at 1:30 p.m. with all
Commissioners and all other Officials, with the exception of Clerk of
Court Grant Maloy, and Deputy
Clerk Chariti Colón who was replaced by Deputy Clerk Terri Porter, who were
present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner
Constantine, to authorize the filing of the proofs of publication (received and
filed) for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
PUBLIC HEARINGS
Item #32 – 2019-1566
2019 Non-Ad Valorem Assessment Roll
with Certification
Kathy Moore, MSBU Program, addressed the Board to present the request
as outlined in the agenda memorandum.
She explained this hearing is for the purpose of giving the public
opportunity for input prior to Board adoption.
She advised staff recommends approval of the Resolution adopting the
NAVA Roll with Certification (CD received and filed).
Commissioner Dallari requested that Ms.
Moore display Exhibit A, the Non-Ad Valorem Assessment Roll MSBU Assessment
Districts. Nicole Guillet,
County Manager, noted for the record that the roll had been distributed to the
Commissioners and the Clerk previously.
With regard to public participation, the following spoke for
clarification purposes: Victoria Dachouk, 128 West 6th Street; Nancy Harmon, 752
Pioneer Way; Public Comment Forms received and filed. Written Comment Form in opposition from
Victoria Perkins was received and filed.
Chairman Carey requested that Ms. Moore and Jean Jreij,
Public Works Director, meet with Ms. Dachouk to
answer her questions. Discussion ensued
regarding garbage collection.
No one else in the audience spoke in support or opposition, and public
input was closed.
Motion by Commissioner Dallari, seconded by
Commissioner Constantine, to approve and authorize the Chairman to execute
appropriate Resolution #2019-R-136 adopting the 2019 Non-Ad Valorem Assessment
(NAVA) Roll with Certification provided to the Seminole County Tax Collector.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #33 – 2019-1504
Amendment
to Consolidated Street Lighting District Ordinance
Ms. Moore reviewed the Municipal Services
Benefit Unit (MSBU) information and the revisions being requested to the
Ordinance as outlined in the agenda memorandum.
She advised staff recommends approval of the amendment.
With regard to public participation, no one
in the audience spoke in support or opposition, and public input was closed.
Motion
by Commissioner Zembower, seconded by Commissioner
Lockhart, to approve and authorize the Chairman to execute Ordinance #2019-31,
repealing and replacing the Consolidated Street Lighting District (CSLD)
Ordinance #2017-29.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #34 – 2019-0019
Crestwood Estates
LSFLU Map Amendment
and
PD Rezone/Thomas Daly
Chairman Carey advised staff has requested that this item be pulled
from the agenda because it was not advertised properly.
Danalee Petyk, Planning and Development Division, addressed the Board
to advise this item will be placed on the August 27, 2019 BCC Agenda.
Pulled from the
agenda request to consider adoption of
a Large Scale Future Land Use Map Amendment from
Suburban Estates to Planned Development and a Rezone from A-1 (Agriculture) to
PD (Planned Development) for a 20-lot, single-family residential subdivision on
approximately 20.96 acres, located east of the Markham Woods Road and Michigan
Street intersection; Thomas Daly, Applicant.
Item #35 – 2019-0028
Resort Lifestyles
Living Facilities SSFLU
Map
Amendment and PD Rezone/Robert Lewis
Ms. Petyk presented the request as outlined
in the agenda memorandum. She advised
the original intent of this property was to develop it with a retail commercial
plaza. Only a small segment of the
original development was completed and it is directly to the east of the
subject property. She discussed buffers,
parking, and building setbacks. The
Planning and Zoning Commission recommended approval and staff recommends
approval as well.
Charles Baverman,
attorney with Dinsmore and Shohl in Cincinnati, addressed
the Board to state that Cameron General Contractors for Resort Lifestyle
communities has been in operation for nearly 30 years, and for about 20 of
those years, they have been developing and operating senior independent living
communities across the country. He
mentioned buffering and showed a landscape plan (PowerPoint received and filed)
for the community. He noted there is a
dining hall, theatre, fitness center, beauty salon, convenience store and
numerous spaces to convene for residents.
With regard to public participation,
Douglas Massingill, 104 Overoaks
Place, spoke for clarification in regard to a wall that was supposed to be
built, garbage disposal and wildlife concerns.
Speaker Request Form was received and filed.
Commissioner Zembower
questioned whether the wall that Mr. Massingill
referred to is a wall that would have been controlled by either the developer
who built their community or by their HOA erecting a wall that was never
completed. Mr. Massingill
did not know for certain. He said they
understood at the time when the land was developed, the developer was supposed
to finish the wall. There is a wooden
privacy fence that was erected by the developer because people complained it
was wide open on that end. No one else
in the audience spoke in support or opposition, and public input was closed.
Chairman Carey mentioned to Ms. Petyk that
it sounds like Terra Bella was supposed to build a wall on three sides of their
subdivision. Ms. Petyk stated she does
not know nor does she know if there was an agreement between that property and
the subject property. The Chairman noted
it is not likely that there is an agreement, but if there was a requirement for
Terra Bella to build a wall and they have not done that, she would be concerned
about that because their bonds have been released already. It goes back to the inspection process to
make sure that things in the development order have been done.
Chairman Carey indicated that this property
is currently zoned Commercial and this could be a shopping center backing up to
this residential area. She asked whether
the Code requires a wall to be built for multifamily and single family. Ms. Petyk advised it does not; this area is
part of the bear management program and the same rules set by that ordinance
apply here.
Upon inquiry by Commissioner Lockhart, Ms.
Hammock responded there are minimum code requirements for buffers, but with a
PD, they can request reductions to a buffer requirement or request an
alternative. In regard to the wall, a
wall is an option if you want to reduce the normal buffer width and provide
less landscaping or create the opacity that is required instead of using
landscaping.
Chairman Carey asked that staff look in to
the Terra Bella wall issue and report back to which Ms. Hammock said they would
research it to see if it was a requirement as part of the subdivision.
Motion by Chairman Carey, seconded by Commissioner Zembower,
to adopt Ordinance #2019-33 enacting a Small Scale Future Land Use Map
Amendment from Commercial to Planned Development; adopt the associated
Ordinance #2019-32 enacting a Rezone from C-1 (Retail Commercial) to PD
(Planned Development); and approve the associated Development Order and Master
Development Plan, for a 130-unit multifamily residential senior independent
living facility on approximately 7.6 acres, located north of West SR 46, and
east of Orange Boulevard; Robert Lewis Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #36 – 2019-0034
Heathrow
International Business Center PD
Major
Amendment and Rezone/JP Morgan Chase
Joy Giles, Planning and Zoning Division,
addressed the Board to advise the Applicant has requested that the item be
continued to the September 24th BCC meeting agenda.
Chairman Carey commented there has been
some discussion among the Board members regarding when the request for
continuances come in. This continuance
did not come in 24 hours in advance as is required in the Code, and it did not
come in mainly because staff was still gathering information and were getting
back to the Applicant regarding potential mitigation ideas. The idea that somebody would cut down this many trees in a well-established neighborhood that was
planted with larger trees and pay a $30,000 impact fee for two-inch trees was
not, in her opinion, reasonable. There
was conversation with staff to look at what it would cost to replant these
trees somewhere else. It is great that
they are willing to do solar, but they don’t really have an ordinance that
speaks to this specifically. Also, there
is the commercial Heathrow International Business HOA. She has provided that information to staff
and asked them to reach out. They have
not heard from anyone in the business community about this. So this is being
continued so they can have further conversation about what is a reasonable
mitigation fee for the removal of all those trees.
James Johnston, Shutts and Bowen on behalf
of the applicant JP Morgan Chase, addressed the Board stating they are
requesting the continuance to September 24th based on the issues
that Chairman Carey mentioned.
Commissioner Lockhart stated she is
conflicted and perplexed by the assumption on the part of JP Morgan Chase as a
global corporation that removing 88 well-established trees from their property
is a good tradeoff for whatever benefits the solar is going to provide. She asked staff for something from JP Morgan
Chase that acknowledged that they specifically recognize and can defend that
they believe that removing these 88 well-established trees is okay because the
value of solar supersedes the value that the trees provide. She feels this is so out of character with
the International Parkway corridor that it would be completely different from
anything in that area, and she would expect that someone from the organization
would have a pretty aggressive defense for this request. Mr. Johnston noted he would take that back to
them.
Commissioner Constantine stated this is
basically taking notes to take back to them so when they do come back to the
Board, they can be addressed. He
mentioned someone from Miami suggested they could use the stormwater
ponds. He asked that they look at all
the other possibilities and when they come back, explain why this is the only
solution in their quest to go to solar.
Commissioner Zembower
expressed he is concerned how this would affect the entire DRI (Development of
Regional Impact) as a whole, and he is asking that the Developer reach out to
the City of Lake Mary as well because this will transition right into their
backyard. Chairman Carey mentioned there
is an application that has just been made to the City of Lake Mary, who is the
governing body for the second Chase building right next door. So there is one
application into the County and one to the City, and she has asked staff to
have a conversation with them to make sure they are all talking about this out
loud and one entity doesn’t do one extreme and the other do another.
Commissioner Dallari
stated he thinks using the ponds even though they belong to the master
association is a good idea; other areas have done it. He would also like to make sure that when
they put the panels up, they are not increasing the impervious areas, and he
wants to make sure there is someone from the civil side looking at that. More importantly, he wants to make sure that
if they are talking about solar, they would be assuming these panels are
working for whatever time they are going to be operational. He asked what would happen if they decided at
a later date that the solar cells will not be working and how long does it need
to be off to determine that they are not operational. If they feel in the future it is not
profitable or they want the area back, what happens then, or is this just a
nexus to get covered parking.
Chairman Carey said one of the questions
she had asked staff is has this been removed from the DRI process. There was a state legislation change that
DRIs are no longer required. Heathrow
was one of the first; it was 1,200 acres and it grew from there. Her concern about the mitigation of these
trees that were planted in the medians and along International Parkway were not
two- or three-inch trees. The developer
spent additional money to plant larger trees so you didn’t have to wait quite
so long to have a mature canopy of trees.
There is an opportunity to take the replacement cost of 88 trees and for
them to pay into the mitigation for those to be replanted either along the
Heathrow corridor or further north on the International Parkway in order to
continue that same look and feel of the area.
She understands they are keeping the islands and the understory
trees.
From a staff perspective, the Chairman
expressed they should be prepared in the future as to how they want to address
this and have a code written for it.
Motion
by Chairman Carey, seconded by Commissioner Dallari, to continue to August 27, 2019 at 1:30
p.m., or as soon thereafter as possible, the request for a Rezone from PD
(Planned Development) to PD (Planned Development) on Tract B for a waiver from the
parking area landscape requirements on approximately 12.76 acres, located on
the north side of AAA Drive, one-fourth mile west of International Parkway; JP
Morgan Chase, Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Under discussion, Commissioner Lockhart
stated an artist’s rendering was provided to the City of Lake Mary. She would like the rendering to actually
depict what the number of trees left standing would look like.
Chairman Carey added she had asked staff to
provide a larger map of the area to show what is in the City of Lake Mary in
that corridor versus what is in the county.
She also asked the County Manager to confirm the action that was taken a
number of years ago; they gave that section of International Parkway to Lake Mary,
at least for maintenance at a minimum, and maybe in its entirety. She just would like to understand what
happened because she thinks it is odd that it ended up at the north end of
International Parkway and not annexing from the south end from Lake Mary
Boulevard.
Commissioner Lockhart asked whether they
have any type of policy related to solar as a utility. Her question is that if other companies
decide they want to start generating power, regardless of whether it is solar or
however they may be generating it and selling it, is the County going to be
equipped. Are they looking at solar as
just anybody can do it, or are they looking at them more as a utility because
they are generating power and selling it back to the grid. Ms. Guillet
responded she is not aware of any policies they have with respect to anybody
generating power through solar, and she is not even sure if they would have the
authority to regulate that. Commissioner
Lockhart said they don’t have it as any kind of allowable use in any of their
zoning, so from a zoning perspective, are they going to allow people to create
a utility in any zoning or in an office environment. This is truly a planned development, office
retail, commercial corridor. Ms. Guillet noted they do have policies related to
infrastructure and utilities and where they can go depending upon the size and
depending upon whether they are a regional facility or stand-alone
facility.
Commissioner Constantine pointed out the
Public Service Commission restricts a lot of the buybacks to the grid,
unfortunately, so at this point, there is a lot of discussion about that. He agreed with Chairman Carey that they need
to be prepared because there is not only a petition on a constitutional
amendment about that coming up potentially, although certain people are trying
to fight it right now, but also the PSC at some point is going to have to see
the value of selling back electricity for the grid by an individual or
corporation. Ms. Guillet
suggested it might be a good question to ask the Applicant what their
intentions are. Commissioner Lockhart
mentioned they wrote in their white paper (received and filed) that was their
intention. Mr. Johnston said he does not
know, but he thinks the main purpose is to provide power for their building. Commissioner Lockhart asked that they clarify
that and noted they have purchasing agreements in Texas right now. They want to execute wind and solar power
purchase agreements in select markets to offset the firm’s traditional power
consumption.
Ex parte
communications from Commissioners Carey, Lockhart, Dallari
and Constantine were received and filed.
DISTRICT REORTS
District 1
Commissioner Dallari
reported he has heard many wonderful comments from constituents about the
Planning and Zoning Division, and he thanked everyone for their hard work and
dedication.
District 3
Commissioner Constantine talked about the
groundbreaking at Sabal Point and the improvements to be made to the entrance
of Wekiva Springs, and he announced India’s Independence Day Festival at Cranes
Roost Park.
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Commissioner Constantine noted he has been elected as Second Vice
President of FAC (Florida Association of Counties) and has had additional
travel expenses. He is requesting
reimbursement for that. Commissioner Dallari stated he has not used any of his allocation this
year or last year and would not have an issue of allowing the other
commissioners to use whatever funds that he has not used. Commissioner Zembower
suggested having a future discussion on the Board’s travel expenses. Ms. Guillet said
they will add the discussion to a future work session.
Motion by Commissioner Dallari, seconded by
Commissioner Zembower, to authorize the other
commissioners to use excess funds from his travel budget when their allotted
amount of funds for travel-related expenses has been exhausted.
Districts 1, 2, 3, 4, and 5 voted AYE.
District 4
Commissioner Lockhart announced they will
be visiting Public Works and Environmental Services. She also gave a shout out for the ratings
phone conversations they had with S&P and Moody’s. She noted Dr. Terry McCue, the new
Environmental Services Director, did an excellent job in representing their
utilities and the work they are doing and that everyone was incredibly
professional.
District 2
Commissioner Zembower
announced the Lake Harney Basin Study is ongoing. They recently met with the St. John’s water
management group (SJRWMD) and the Army Corp. of Engineers staff at the county
to bring all the key players together.
After that, they will be meeting with the community. He thanked Commissioner Dallari
for getting the ball rolling initially.
Commissioner Zembower
suggested he thinks they should be looking at a deep drill down of the Land
Development Code to prepare for the future, future technologies like solar and
5G. Chairman Carey requested that the
Board members each pick their top five issues in connection with the LDC and
they can then rank them. Ms. Guillet noted the Development Services Director is already
working on some of the easier fixes that they talked about at the work
session. Commissioner Lockhart noted
they had a methodical planned out review which took a year at the School Board
and is in support of doing the same at the county. Commissioners Zembower
and Dallari concurred. Commissioner Zembower
added he is okay with bringing in additional staff if necessary.
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Commissioner Zembower stated he would like
the Board to consider having a work session about rental registry and inviting
the experts who know about this.
Chairman Carey explained she would not support that because they have
had a public hearing on it and it was a 3-1 vote to not move that forward. There was a lot of public testimony and a lot
of people took time out of their day to come and speak in opposition to
that. She opined if it becomes a problem
in the community in the future, they can look at it then. Commissioner Dallari
noted he didn’t have enough information about the short-term rentals and thinks
if they bring in experts to understand all the issues, he would be in support
of it. Commissioner Constantine agreed
and believes it will be a long-term problem that they should look at
today. Discussion ensued and the
consensus of the Board was to add it to the end of the current list of work
sessions.
DISTRICT 5
Chairman Carey reported the Orlando Sanford
International Airport launched a 56-passenger coach bus service, the Attraction
Express, that is direct from the airport to three hotel partners at Universal
Resorts.
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The Central Florida Expressway Authority
recently won the International Bridge, Tunnel and Turnpike Association 2019
Toll Excellence Award.
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Chairman Carey noted she received a
four-page letter from Officer George Hachigian, a
police officer in North Palm Beach, Florida, commending Seminole County
Sheriff, Dennis Lemma, and some of his officers, and she read an excerpt from
that correspondence (received and filed).
CHAIRMAN’S REPORT
Chairman Carey thanked staff, their lead
underwriters and financial advisors who were at their two credit reporting
presentations to S&P and Moody’s.
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Chairman Carey recognized the Natural Lands and Parks Department
because they have received reaccreditation in 2019, making them one of 168
agencies nationally.
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The Seminole County Purchasing and Contracts Division received the
2019 Achievement of Excellence in Procurement award. Chairman Carey noted only 42 counties in the
United States and Canada receive this award.
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Chairman Carey announced that the Animal Services Division is holding
an extravaganza for National Clear-the-Shelter Day in Seminole County.
COMMUNICATIONS AND/OR
REPORTS
FROM THE CHAIRMAN’S OFFICE
The following Communications and/or Reports
were received and filed:
1. COPY of letter dated July 23, 2019, from
Chairman Carey to Phil Kaprow RE: appointment to serve as Chairman for the 2020
Decennial Census, Seminole County Complete Count Committee. BCC:
Nicole Guillet; Joe Abel; Tricia Johnson; Meloney
Lung; Rebecca Hammock; Mary Moskowitz;
Tony Matthews.
2. COPY of letter dated July 23, 2019, from
Chairman Carey to Steve Nelson RE: appointment to serve as Vice Chair of the
2020 Decennial Census, Seminole County Complete Count Committee. BCC:
Nicole Guillet; Joe Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock; Mary Moskowitz; Tony Matthews.
3. COPY of letter dated July 23, 2019, from
Chairman Carey to John Horvath RE:
appointment to serve as Vice Chair of the 2020 Decennial Census,
Seminole County Complete Count Committee.
BCc:
Nicole Guillet; Joe Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock; Mary Moskowitz; Tony Matthews.
4. COPY of letter dated July 23, 2019, from
Chairman Carey to Complete County Committee Members RE: kickoff meeting
notification. BCC: Nicole Guillet; Joe
Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock;
Mary Moskowitz; Tony Matthews.
5. COPY of letter and attachments dated July 24,
2019, to Chairman Carey from Patrick “Rick” Sacbibit,
Branch Chief, Engineering Services Branch, Federal Emergency Management Agency
(FEMA) RE: Case #19-04-2971R Conditional Letter of Map Revision. C:
Frank Consoli, Seminole County; Cliff Torres,
Pulte Home Company; Chadwyck Moorhead, Madden,
Moorhead & Stokes.
6. Letter and attachments dated July 25, 2019, to
Chairman Carey from the Federal Aviation Administration (FAA) RE: South-Central
Florida Metroplex Notice of Preparation of Environmental Assessment.
ITEMS FOR FUTURE AGENDA
Mark Cliburn, 2471 Paddock Way, addressed the Board to play a
recording of dogs barking constantly at a nearby home where there is no noise
ordinance because they are zoned agricultural.
He spoke about this at the June 25th meeting. The problem has been going on for years. Commissioner Zembower
confirmed Mr. Cliburn has had the Sheriff’s Office, Code Enforcement, Animal
Control, and the Health Department out to the property. The County Attorney and Director of
Development Services gave an update on their efforts in this regard. A brief discussion ensued. Commissioner Zembower
talked about property owners that are using the agricultural zoning for other
purposes, and stated if they need to get the Ag community, the Ag commissioner,
or the Attorney General to weigh in on the statute, he thinks they ought to do
that because it continues to be a problem.
Chairman Carey noted they have an Agricultural Advisory Committee that
they appoint from the Ag community and this might be a good topic for them to
take up.
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Jim Peterson, Longwood, addressed the Board to request a vote on the
decriminalization of cannabis. He
displayed photos of a police officer searching him and a poster of “18 U.S.
Code § 1951-Interference with commerce by threats or violence” (received and
filed).
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Chairman Carey reminded they have a Closed
Session scheduled to discuss the Collective Bargaining Agreement for Fire.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 4:56 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
cc/tp