BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
January 8, 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, January 8, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
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)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Kyla Farrell
Lindsey Bridges, Central Florida Freethought Community, Oviedo, gave the Invocation. Commissioner Dallari led the Pledge of Allegiance.
The Business Spotlight video for Jamco was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1142
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to approve a Proclamation recognizing Sergeant First Class Ernie Rivera, United States Army, Retired, as Seminole County's January 2019 Veteran of the Month.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sergeant First Class Ernie Rivera, United States Army, Retired, addressed the Board and discussed his various accomplishments. He thanked the Board for the proclamation.
Agenda Item #2 – 2019-1154
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve appropriate Resolution #2019-R-1 recognizing Kim Drury, Lieutenant/Paramedic, for 25 years of service to Seminole County Government and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
Kim Drury addressed the Board and expressed his appreciation to the Board, staff, and the citizens of the county.
COUNTY MANAGER’S CONSENT AGENDA
Commissioner Lockhart requested Items #7 and #19 be pulled for a separate discussion.
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to authorize and approve the following:
County Manager’s Office
3. Approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from October 12, 2018 through December 12, 2018. (2019-1155)
4. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-2 renaming Homestead Avenue to Crockett Point. (2019-1146)
5. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of November, 2018. (2019-1143)
Planning and Development
6. Approve the plat for the Orange Creek Subdivision containing twenty-one (21) lots on 5.02 acres zoned PD (Planned Development), located on the south side of Orange Boulevard, approximately 920 feet west of North Oregon Street; M/I Homes of Orlando, LLC, Applicant. (2019-1138)
7. Pulled for a separate discussion.
8. Approve and authorize the Chairman to execute a Permanent Easement Purchase Agreement in the amount of $16,750, between the property owner, Southern Express Lubes, Inc., and Seminole County for a traffic signal pole easement located at the northeast corner of U.S. Highway 17-92 and State Road 46 also known as 25th Street. (2019-1113)
9. Approve and authorize the Chairman to execute a Purchase Agreement Fee Simple in the amount of $540,000, between property owner, The Pentecostal Church of God, Inc., and Seminole County for property necessary for the construction and maintenance of a stormwater retention pond located on the north side of Hillview Drive. (2019-1134)
10. Approve and authorize the Chairman to execute the Cross Seminole Trail Use Agreement between Seminole County and the City of Winter Springs for the Cross Seminole Trail (CST) missing link. (2019-1136)
11. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-3 implementing Budget Amendment Request (BAR) #19-017 through the Transportation Trust Fund to recognize revenue in the amount of $24,186 from the Florida Department of Transportation for the maintenance of street lights on U.S. 17-92, and appropriate budget of $50,814 from Reserves to provide funding for U.S. 17-92 street lighting maintenance managed by Traffic Engineering. (2019-1130)
12. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-4 implementing Budget Amendment Request (BAR) #19-018 through the 2014 Infrastructure Sales Tax Fund to transfer funds to 7 new sidewalk projects from Project Contingency (CIP# 99999903), Garden Lake Estates (CIP# 01907065), and Lake Tony Outfall Replacement (CIP# 01907076) projects and to cancel the Garden Lakes Estates Project (CIP# 01907065). (2019-1129)
13. Approve and authorize the Chairman to execute a Subaward Grant Agreement with the State of Florida, Division of Emergency Management in acceptance of $72,579 for the Urban Search and Rescue (USAR); and execute appropriate Resolution #2019-R-5 implementing the Budget Amendment Request (BAR) #19-019 through the Public Safety Grant Fund in the amount of $72,579 to establish funding. (2019-1139)
14. Approve and authorize the Chairman to execute a Subaward Grant Agreement with the State of Florida, Division of Emergency Management in acceptance of $39,837 for the HAZMAT Team; and execute appropriate Resolution #2019-R-6 implementing the Budget Amendment Request (BAR) #19-020 through the Public Safety Grant Fund in the amount of $39,837 to establish funding. (2019-1140)
15. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-7 implementing Budget Amendment Request (BAR) #19-021 through Neighborhood Stabilization Program 1 (NSP1) in the amount of $50,000 resulting from repayment of Purchase Assistance for sale of property at 585 Walden Court, Winter Springs. (2019-1135)
16. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-8 implementing Budget Amendment Request (BAR) #19-022 in the amount of $113,247 through the General Fund to appropriate budget for the replacement of the roof at the Court Facilities Building. (2019-1156)
17. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-9 implementing Budget Amendment Request (BAR) #19-024 through the Homelessness Fund in the amount of $5,612.17 from Central Florida Commission on Homelessness to provide Permanent Supportive Housing-GAP. (2019-1150)
18. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-10 implementing Budget Amendment Request (BAR) #19-025 in the amount of $37,900 through the Tourism 4 & 6 Cent Fund to provide funding for the purchase of a field paint remover equipment item for the Sports Complex. (2019-1152)
Purchasing & Contracts
19. Pulled for a separate discussion.
20. Approve the ranking list, authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-2101-18/GCM - Development and Preparation of Seminole County Solid Waste Management Master Plan. (Estimated annual usage of $300,000.) (2019-1125)
21. Award CC-2154-18/TAD - Northeast Service Area Waste Water Transmission System Improvements in the amount of $1,322,747 to Leisure Construction, Inc. of Palm Harbor; and authorize the Purchasing & Contracts Division to execute the Agreement. (2019-1137)
22. Approve Work Order #1 (CUP Environmental Monitoring) under PS-1998-18/RTB - Master Services Agreement (MSA) for General Environmental Services with Environmental Science Associates Corp. of Orlando, in the amount of $105,269.54; and authorize the Purchasing & Contracts Division to execute the Work Order. (2019-1145)
23. Award IFB-603268-18/TLR - Term Contract for Rolling Hills Park Grounds Maintenance to AmeriScapes Landscape Management Services, LLC, Orlando, for the estimated annual amount of $184,120; and authorize the Purchasing & Contracts Division to execute the Agreement. (2019-1133)
24. Approve Amendment #1 to Work Order #28 (100 North Winter Park Drive, (formerly known as Cumberland Farms #0980) under PS-9738-14/JVP (General Environmental Consultant Services Agreement) with E. Sciences, Inc. of Orlando, in the amount of $17,100; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2019-1122)
25. Waive the procurement process and approve the Sole Source Procurement SS-603378-18/BJC for the purchase of one (1) Sewer TV Inspection Equipment from Cues, Inc., Orlando, in the amount of $274,715; and authorize the Purchasing & Contracts Division to issue the Purchase Order. (2019-1147)
26. Waive the procurement process and approve SS-60338-18/ESN for the purchase of Hurst Extrication Equipment, parts, components and repairs to Municipal Emergency Services, Pinellas Park; and authorize the Purchasing & Contracts Division to issue Purchase Order(s). (The estimated annual usage is $25,000.) (2019-1149)
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #7 - 2019-1151
Commissioner Lockhart reminded that they had a discussion at the last meeting regarding this item, which is a Funding Agreement with United Arts. She stated she knows the Board has given money to United Arts for many years, but she was particularly concerned about the Orlando Ballet money that was being designated. She reached out to the school district and they are grateful that United Arts would be willing to give them money for this programming, but they did not realize it was coming from the BCC. When the Commissioner explained that it is money that the Board is being asked to give as a pass-through, the School Board’s reaction was that they would like to talk about how they could utilize that kind of money in a way that might be more meaningful. Commissioner Lockhart explained the school district is not seeking this programming out, it is actually the opposite.
Commissioner Zembower stated when he looks at the breakdown of what’s being given to each particular school, he wonders if it is really doing anything for the students at the school. He pointed out some schools get $250, some are getting $400; he added he can’t imagine $250 goes much further than poster board. He was shocked to see how little was actually going into the elementary schools. He questioned if this is just an olive branch that helps facilitate the BCC facilitating the money to United Arts.
Chairman Carey explained they take the money that the Board gives and even though they distribute it to organizations in the community, they are able to take that and build upon it and parlay it into other grants from other organizations. She thinks they should look at it holistically and give the County Manager direction to talk to the School Board to see if there is a better use of the $25,000 for arts education in the public schools and come up with an overall program that they could consider for the upcoming budget year. There has been a lot of discussion about the different agencies and what everybody is doing with their money, so the Chairman would like to have an update. They have been funding these organizations for years, and they try to make them self-sustaining so they do not have to continue to rely on the County.
Chairman Carey stated she thinks there is a good purpose to work with United Arts and a good purpose to work directly with the School Board to see if that’s a better path for those funds to be given. She advised the County Manager should take some time to investigate that and work with the Commissioners to come up with the best plan. Commissioner Constantine is the representative on United Arts, and the Chairman asked him to speak to some of the things they do with the money to get additional grants. She pointed out they have already continued this item from the last meeting and she doesn’t think it would be fair to not approve it this year, but maybe they can put everyone on notice that there may be a change next year.
Commissioner Constantine stated he did go back and look at the redistribution of the funds. In talking with the Executive Director, he put her in touch with Donna Bundy, Executive Director of Seminole Cultural Arts, and those two worked it out. So the numbers the Board has today are different; they are redistributed in a different manner. There is less for United Arts and Administration and more for the actual programs. Commissioner Constantine explained, as a regional body, they are able to parlay the dollars into even more grants and then be able to distribute it throughout the region. He thinks it would be wise to ask the County Manager to have discussions with the Executive Director as well as Ms. Bundy. For the purposes of the dollars this year, Ms. Bundy indicated until the BCC approves it, they don’t get the money and they were looking for the money as soon as possible. He was pleased with the response that he received from the Executive Director of United Arts after he told her there was a problem. She immediately got with Ms. Bundy so they could redistribute the money. Commissioner Constantine stated he believes that this is a proper allocation today, but he also believes they need to get an update on exactly what they’re getting for the money.
Commissioner Dallari stated when this was originally pulled at the last meeting, he remembers that the grant money that was allocated to the Orlando Ballet was for an afterschool program, not just for arts. He has no problem relooking at it, but it was supposed to be focusing on an afterschool program relating to individuals or children that weren’t exposed to the arts. Now that it is being distributed among the different schools, he wants to make sure those dollars are being spent correctly and see if there is a better way to use those dollars. The Commissioner advised it would be advantageous to revisit that.
Commissioner Lockhart indicated it is important to understand that the numbers that were identified that were distributed regarding the number of students that would be participating at each of those schools is very wishful thinking. Because the majority of children are transported by bus at the majority of those schools, they are not able to stay after school if they don’t have transportation. One of the schools in particular said that the only children who would be able to participate would be the children of employees of the afterschool program because they would be the only ones who would have the ability to be transported. Commissioner Dallari stated that is not the intent of what was originally allocated.
Chairman Carey stated it’s important that the County Manager drill down into facts so the Board can get the facts and get some discussion going with United Arts, the School Board, and the other agencies the County gives funding to. They’ve also talked in the past about allocating some funding annually to the Performing Arts Center, which is something the citizens have a lot of interest in. She thinks it is time for the County to look at this again, but it wouldn’t be fair to the organizations they have been supporting to continue pushing this off. The Chairman asked for a motion of approval with the idea that at the next budget cycle they will look at redistributing it differently.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute a Funding Agreement between Seminole County and United Arts of Central Florida, Inc. in the amount of $137,282 reflecting per capita funding approved by the Board of County Commissioners as part of the 2018/2019 budget with the caveat that they will be revisiting this at the next budget cycle.
Under discussion, Commissioner Lockhart asked what happens to the money if the children don’t show up for the programming. County Manager, Nicole Guillet, answered all of the organizations have to perform as they’ve indicated they would. That is one of the things that United Arts does. They manage those funding distributions to ensure that they’re performing in accordance with what they’ve represented.
Chairman Carey advised maybe they should do an audit to make sure that the Orlando Ballet is doing what they’re representing they’re doing with the money and confirm that with the School Board. Commissioner Dallari, as the motioner, asked to make that part of his motion; and the seconder agreed.
Districts 1, 2, 3, 4 and 5 voted AYE.
Agenda Item #19 - 2019-1132
In regard to the Grant Consultant Services Term Contract with Langton Associates, Inc., Commissioner Lockhart stated she reached out to George Woodring, Resource Management, and he is going to pull some information for her about the actual performance of this particular consultant in terms of what grants they specifically have sought on their own on the County’s behalf and were able to obtain. She thinks there is merit to considering the opportunity to bring someone in house for the dollar amount. Ms. Guillet advised they did get some estimates following the Commissioner’s inquiry, and staff estimates about $15 million in grant money in the 11 years that they’ve been working with them. Commissioner Lockhart advised her question specifically is what have they brought to the table. Chairman Carey responded she had the same question and received a list and advised the County Manager she may want to distribute the list. The Chairman stated she would like to see what happened from 2016 to 2018. She stated this is a contract that she doesn’t believe is time sensitive. They can either approve it, have everybody look at the list and see if they want to continue it, or they can take action and have the right to terminate if they decide that they don’t want to proceed with it. Commissioners Dallari and Constantine indicated they have no problem proceeding.
Commissioner Lockhart stated she doesn’t have a problem moving forward with it for this next year, she just wanted to put it out there that they may want to look at other opportunities. Chairman Carey reminded it is not time sensitive so there is no problem with continuing the item until the next meeting and allowing everybody to get the information and take action on it at that time. She noted there is a considerable amount of information that she received late yesterday afternoon.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to continue to the January 22, 2019, BCC meeting the request to award RFP-603277-18/TLR - Term Contract for Grant Consultant Services to Langton Associates Inc., Jacksonville, for an annual fixed fee of $80,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve the following:
27. Approve Expenditure Approval Lists dated November 27, December 3, December 10, and December 17, 2018; Payroll Approval Lists dated November 29 and December 13, 2018; and the BCC Official Minutes dated October 23, November 13 and November 20 (Reorganization), 2018. (2019-1153)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Letter from the City of Casselberry Clerk’s Office to Seminole County Clerk of Court and Comptroller’s Office regarding City of Casselberry Annexation Ordinance No. 18-1498.
2. Special Review of Job Growth Incentive Program Agreement with Hernon Manufacturing, Inc.; Advanced Business Networking, Inc. d/b/a Truechocie Telecom; Jamco, Inc.; Florida Marking Products, LLC; and Deloitte Consulting LLP, from Bill Carroll, Inspector General, to the Board of County Commissioners.
3. Certificates of No Recall for Penn Sanford, LLC, and SOKC, LLC, dated November 28, 2018.
4. Corrective Agreement for Assumption of Mortgage; 2490 W. 18th Street, Sanford; Iris F. Ashley.
5. Two Drainage Easements for (1) Sanford Boat Works & Marina and (2) Clair S. Simmerson, Gail S. Ledger and Jessica F. Smith.
6. Development Order #18-27500042 for Alcoholic Beverage License, Don Julio Mexican Kitchen; Leticia Rodriquez.
7. Performance Bond #CMS0332285 (Water and Sewer Systems) in the amount of $19,635; Performance Bond #CMS0332284 (Roads, Streets, Drainage) in the amount of $315,071.35; Title Opinion Letter; and Recording of Plats for the project known as Wexham Court; Park Square Enterprises, LLC.
8. Performance Bond #1158150 (Roads, Streets, Drainage) in the amount of $82,693.27 and Power of Attorney for the project known as Rainbow Child Care Center - Lake Mary; EIG14T RCCC 200 FL - Lake Mary, LLC.
9. Performance Bond #9911193 (Roads, Streets, Drainage) in the amount of $25,740 and Power of Attorney for the project known as Lakeview Drive Right-of-Way; Axios Construction Services, LLC.
10. Performance Bond #B-1240932 (Roads, Streets, Drainage) in the amount of $26,276.80 and Power of Attorney for the project known as Legacy Place; J.E.L Site Development, Inc.
11. Private Road Maintenance Bond #SUR0028190 in the amount of $614,890; Maintenance Bond #SUR0028191 (Streets, Curbs, Storm Drains) in the amount of $59,023.33; and Power of Attorney for the project known as Hawk’s Crest Phase 1; Meritage Homes of Florida, Inc.
12. CDBG Program Subrecipient Agreement for Program Year 2018-2019 with Kathleen Anderson Comprehensive Work Center, Inc. d/b/a Inspire of Central Florida (as approved by the BCC on July 24, 2018).
13. CDBG Program Subrecipient Agreement for Program Year 2018-2019 with Kids House of Seminole, Inc. d/b/a Kids House Wayne Densch Children’s Advocacy Center (as approved by the BCC on July 24, 2018).
14. CDBG Program Subrecipient Agreement for Program Year 2018-2019 with Lighthouse Central Florida, Inc.; Children Services Program (as approved by the BCC on July 24, 2018).
15. CDBG Program Subrecipient Agreement Program Year 2018-2019 with Lighthouse Central Florida, Inc.; Older Blind Program (as approved by the BCC on July 24, 2018).
16. Community Services Funding Agreement for Fiscal Year 2018-2019 with Catholic Charities of Central Florida, Inc. (as approved by the BCC on August 14, 2018).
17. Community Services Funding Agreement for Fiscal Year 2018-2019 with Central Florida Family Heath Center, Inc. d/b/a True Health (as approved by the BCC on August 14, 2018).
18. Community Services Funding Agreement for Fiscal Year 2018-2019 with The Foundation for Seminole County Public Schools, Inc. (as approved by the BCC on August 14, 2018).
19. Community Services Funding Agreement for Fiscal Year 2018-2019 for The Seminole County Coalition for School Readiness, Inc. d/b/a Early Learning Coalition of Seminole (as approved by the BCC on August 14, 2018).
20. CSBG Training Provider Agreement for Program Year 2018-2019 with Southern Technical Institute, LLC d/b/a Southern Technical College.
21. Fully executed First Amendment to Contract for Medical Examiner Services with Medicus Forensics, P.A.; Citrus County; Hernando County; Lake County; Marion County; Seminole County; and Sumter County (as approved by the BCC on September 25, 2018).
22. Conditional Utility Agreement for water and wastewater services with Camp Road Holdings, LLC for the project known as Biofit Performance.
23. Parks Contracts for Services with Daniel Hall and Mark Brotman.
24. Tourist Tax Funding Agreement with Nations Baseball of Greater Orlando Inc. for the Winter Bat Freeze.
25. Tourist Tax Funding Agreement with A-Game Travel Baseball, Inc. for the CFL Elite Championship.
26. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for the Central Florida State Championships.
27. Tourist Tax Funding Agreement with Suncoast Athletics Sports Group, Inc. for the Florida All Star Games.
28. Tourist Tax Funding Agreement with Florida PGF LLC for the 2018 Fall State Championships.
29. Tourist Tax Funding Agreements with Elite Clubs National League, Inc. for Girls ECNL Florida and Boys ECNL Florida.
30. Work Order #24 to CC-1559-15 with Southland Construction, Inc.
31. Amendment #5 to M-1243-17 with C.T. HSU & Associates, P.A.
32. Change Order #1 to Work Order #5 to RFP-1294-17 with Pat Lynch Construction.
33. Work Order #12 to RFP-1294-17 with M&J Enterprises Intl, Inc.
34. Closeout to CC-1385-17 with P&S Paving, Inc.
35. Closeout to Work Order #1 to CC-1391-17 with Schuller Contractors, Inc.
36. Closeout to Work Order #3 to CC-1391-17 with P&S Paving, Inc.
37. Amendment #1 to Work Order #4 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
38. Change Order #1 to CC-1525-17 with Florida Safety Contractors, Inc.
39. Amendment #1 to Work Order #14 to PS-1666-07 with Inwood Consulting Engineers.
40. Work Orders #2 and #3 to PS-1832-18 with CDM Smith, Inc.
41. Work Order #4 to PS-1832-18 with England-Thims & Miller, Inc.
42. Change Order #2 to CC-1875-18 with CTR III Enterprise, Inc. d/b/a CEG.
43. PS-2009-18, Consulting Service Agreement, with CH2M Hill Engineers, Inc.
44. Amendment #2 to Work Order #1 to PS-2051-07 with Environmental Research & Design, Inc.
45. Amendment #1 to Work Order #16 to PS-2051-07 with Environmental Research & Design, Inc.
46. Amendment #5 to Work Order #33 to PS-5190-05 with CH2M Hill Engineers, Inc.
47. Tenth Amendment to IFB-601852-13, Term Contract, with Clarke Mosquito Control Products, Inc.
48. Second Amendment to RFP-602014-15, Contractor Services Agreement, with Waste Management, Inc. of Florida.
49. Fifth Amendment to IFB-602230-15, Term Contract, with Cypress Supply, Inc.
50. Fourth Amendment to IFB-602367-15, Term Contract, with Ten-8 Fire Equipment, Inc.
51. First Amendment to IFB-602939-17, Term Contract, with Bound Tree Medical LLC.
52. First Amendment to IFB-603175-18, Term Contract, with Earthbalance Corporation.
53. First Amendment to RFQ-603240-18, Mobile Concessionaire Agreement, with Jeremiah’s Italian Ice Manufacturing, Inc.
54. IFB-603273-18, Term Contract, with DBi Services, LLC.
55. M-603301-18, Agreement for Services, with Philip Mangano.
56. Amendment #8 to M-6607-11 with The Triece Company.
57. Amendment #5 to Work Order #3 to PS-8005-12 with CDM Smith, Inc.
58. Amendment #2 to Work Order #56 to PS-8047-12 with Nodarse, a Terracon Company.
59. Amendment #9 to Work Order #1 to RFP-8721-13 with VHB Miller Sellen.
60. Work Order #17 to CC-9184-13 with Central Florida Environmental.
61. Amendment #1 to Work Order #5 to PS-9464-14 with GAI Consultants, Inc.
62. Amendment #3 to Work Order #10 to RFP-9601-14 with Revere Controls Systems, Inc.
63. Amendment #2 to Work Order #27 to PS-9738-14 with Environmental Consulting & Technology, Inc.
64. Work Order #30 to PS-9738-14 with E Sciences, Inc.; as approved by the BCC on 12/11/18.
65. Bids as follows:
IFB-603276-18 from Allied Universal Corporation; Hawkins, Inc.; Brenntag Mid-South Inc.;
IFB-603310-18 from Cain Enterprises LLC d/b/a Engineering Solutions International;
BID-603345-18 from 305 Brothers All In One; Champion Services of Florida; Pat Lynch Construction, LLC;
BID-603319-18 from Commercial Media Systems; Teer Audio Visual;
RFQ-603353-18 from Guardian Fueling Tech;
PS-2101-18 from Kessler Consulting, Inc.; HDR, Inc.;
BID-603344-18 from Exercise Systems; Fitnessmith; FITREV, Inc.; Promaxima Manufacturing, LLC; Sourcelinq, LLC;
IFB-603273-18 from Straightline Fence; Fence Direct; DBi Services, LLC;
IFB-603268-18 from Carol King Landscape Maintenance, Inc.; BrightView Landscape Services, Inc.; AmeriScapes Landscape Management Services, LLC;
RFP-603277-18 from Langton Associates, Inc.; and
RFP-603312-18 from SiteSecure, a Miller Electric Company.
COUNTY MANAGER AND STAFF BRIEFINGS
Ms. Guillet stated she would like to give the Board an update of the progress the County has made at the Rolling Hills property. They have gotten a lot done out there, but they have a lot more to do. She introduced Richard Durr, Greenways and Natural Lands Division Manager.
Mr. Durr addressed the Board and presented a PowerPoint presentation entitled Rolling Hills Community Park (received and filed). He stated they closed on the property on August 31, and they had a community meeting on October 23. There were several hundred people that showed up, and they just wanted to talk about the next step. He reviewed Current Activities Summary. He displayed Buildings & Structures and noted the slide is a picture of the pro-shop building and it has been removed. In regard to Existing Structures, he pointed out the structures that have been demolished. Mr. Durr explained the maintenance building has been cleaned out and they are looking to remove the building. It is much bigger and in much worse shape than they imagined, and they are looking at receiving quotes for the removal of that building and reuse of the area in the future. In regard to Buildings & Structures - Buildings to Remain, Mr. Durr noted the three buildings are the clubhouse, the east restroom, and the pump house.
Mr. Durr stated going forward, they still have the Florida Communities Trust Grant. They have been working with the State on that for some time now, and a lot of language in there points the direction towards what type of park this will be; and it will mainly be a passive park. Now that the County owns the property, they needed to do a total inventory of everything that they know about the property. Staff spent a lot of time on the site and dug up every bit of information that they could find. He reviewed Inventory & Analysis, Physical Features, Topography, Adjacencies, and Major Crossings/Conflicts. Staff has come up with the next “to-do list.” He discussed ‘To Do’ Items and Design Considerations.
Mr. Durr stated originally when they started discussing the master plan with the neighborhood and the Board, they looked at other urbanized parks and started pulling pictures. They talked with FCT and FDEP in trying to understand what those things looked like. It became apparent over time that it’s really not taking a town square type of formal garden approach. It really is more about how do you restore the site ecologically and the sustainability of whatever it is they develop there in the future. Mr. Durr reviewed The Master Plan Design slides and the Park Design Characteristics. He discussed Initial Park Development Summary and noted the FCT Development Program elements are within the County’s contract with the FCT that transferred from the Jetta Point contract. Those are items that they have to do. In addition to those elements, they have County Park Development Standards such as a County sign and a place for people to get information. Mr. Durr pointed out Future Vision and noted those are mostly items that are things the community would like to see; however, right now, their budget is more reflective of the FCT elements. So if the Future Vision items are moved forward, they will be driven by partnerships, sponsorships, and involvement with the community.
The Conceptual Master Plan was displayed and Mr. Durr reviewed the details of the slides. He stated the idea is they are trying to refine the FCT Program items going forward as well as being mindful of the other future phases of discussion and making sure those items are sited and located in the plan. He reviewed FCT Program Development and advised they are looking at whether or not the program makes better sense at the southern part of the location.
Commissioner Constantine left the meeting at this time.
Mr. Durr discussed Next Steps and pointed out they will be holding a neighborhood meeting January 17. In regard to The Clubhouse Building, Mr. Durr reviewed its current status, what staff has done, and what the future plans could be for the building.
Commissioner Constantine reentered the meeting at this time.
Mr. Durr stated they had discussed in the past if they were to reuse the concept of the building, whether they built new or renovated, what it could be. They looked at some type of community building or a place where someone could have a wedding and/or reception, like an event center. Those are things staff is still investigating. They have tried to stabilize the building and make sure everything is sealed up. They have received proposals for going into the building and getting furniture out and cleaning it up. They’ve also taken County staff to look at anything that needs to be saved or that may be reusable. Mr. Durr advised they have looked at both redevelopment and demolition of the clubhouse, and they are still investigating their options. He advised that the pool on the property has been removed, so that particular attractive nuisance is gone; and the clubhouse is secured.
Chairman Carey stated she thinks there needs to be some one-on-one presentations with the Commissioners to look at the details of some of the information Mr. Durr presented. Commissioner Lockhart noted she thinks it would be really incredible if they had the opportunity to somehow connect to the trail and thanked Mr. Durr for his work. Commissioner Constantine stated the idea of a passive park is wonderful. Commissioner Dallari commented the presentation was well done and on point, and he looks forward to future updates.
Commissioner Zembower stated he is very interested in seeing a vast amount of consideration being given to native species, things that will prevent them from the cost of maintaining non-native species or species that typically don’t do well in a park setting. He asked that some consideration be given to wildlife habitats and the use of native species and native plantings to prevent motorized vehicles.
Chairman Carey noted most of the ponds on the property are nothing more than drainage ponds and she doesn’t think the lake is spring fed. She stated in her own experience, windmills are amazing in helping clear up the stagnant ponds because they keep the air moving. She suggested they consider some locations for a windmill. Chairman Carey explained in Mr. Durr’s presentation, he pointed out several different locations for the park. Rolling Hills is a community where if you don’t know how to get around, it is hard to get around. She suggested that they focus their entrances on Raymond, North Street, and the roads that everybody knows.
Chairman Carey recalled Rolling Hills used to be a spectacular location for events. She thinks if there is an opportunity to restore the building to some type of an event center for the community, it would be a great opportunity. She advised she would hate to see the County not make every effort to look at restoring the building as an event venue. She added the trails connection is a no-brainer. The Chairman reiterated the Board members need to have more detailed information in order to move forward.
Chairman Carey announced there is a work session following this meeting that will convene at 11:15 a.m.
Chairman Carey recessed the meeting at 11:00 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Clerk of Court Grant Maloy, who was absent; County Attorney Bryant Applegate, who was replaced by Senior Assistant County Attorney Paul Chipok; and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Jane Spencer, who were present at the Opening Session. Commissioner Constantine arrived at 1:32 p.m.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 4 and 5 voted AYE.
Commissioner Constantine entered the meeting at this time.
AMENDING CHAPTER 190, PARKS AND RECREATION
Agenda Item #28 – 2019-1141
Proof of publication calling for a public hearing to consider adopting an Ordinance amending the entire Chapter 190 of the Seminole County Code, "Parks and Recreation," to update Florida State statutes and update outdated procedures and language, received and filed.
Ms. Guillet advised that there needs to be some revisions to the Ordinance before the Board formally considers it; and they are recommending that the item be tabled until the February 12, 2019, meeting.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to continue until February 12, 2019 at 1:30 p.m., or as soon thereafter as possible, the request to amend the entire Chapter 190 of the Seminole County Code, "Parks and Recreation," to update Florida State statutes and update outdated procedures and language, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioners Dallari, Carey, Zembower, and Lockhart submitted their ex parte communications into the record.
SIGN CODE REVISIONS
TO THE LAND DEVELOPMENT CODE
Agenda Item #29 – 2018-0038
Ms. Guillet informed the Board that staff is pulling Item #29, a request to amend the Land Development Code for compliance with the Supreme Court of the United States case Reed v. Gilbert requiring uniform regulation of temporary signage and further amending the Land Development Code for the purpose of allowing noncommercial speech on commercial signs. They will bring it back at the next scheduled meeting. She added that the hearing was not advertised; so there is no action required by the Board.
LUCY S. GRIFFIN UNNAMED
RIGHT-OF-WAY VACATE/Lucy S. Griffin
Agenda Item #30 – 2019-1093
Proof of publication calling for a public hearing to consider adopting a Resolution vacating and abandoning an uncut portion of an unnamed right-of-way, as recorded in Deed Book 88, page 25, in the Public Records of Seminole County, Florida, for property located near Mustang Way, Casselberry, Florida, Lucy S. Griffin, received and filed.
Danalee Petyk, Planning and Development Division, addressed the Board and presented the request as outlined in the Agenda Memorandum. Ms. Petyk explained that the right-of-way was dedicated to the County on December 28, 1928 and is adjacent to property owned by the Applicant. The Applicant has provided letters of no objection from all applicable utility companies. Ms. Petyk stated that Public Works has no objection to the requested vacate but has requested a drainage easement over the westerly five feet of the proposed vacated right-of-way to be dedicated to Seminole County. The Drainage Easement has been executed by the Applicant and provided to the County for recording after the completion of the vacate. This request complies with the requirements for vacating a right-of-way under Section 35.184 of the Land Development Code and the authority of Sections 336.09 and 336.10, Florida Statutes.
Ms. Petyk noted that staff has received several letters of opposition regarding the request with concerns about potential development on the property. Vacating the right-of-way does not grant any development rights, entitlements, or approvals to the Applicant. Staff recommends the Board approve this item.
Commissioner Zembower questioned the reserving of a five-foot drainage easement, and Ms. Petyk responded that she would need to defer to Public Works as to the width or as to why the easement is being requested. Commissioner Zembower asked Jean Jreij, Director of Public Works, to explain how they would get into that five-foot drainage easement that they want to preserve with any type of equipment to service it, mitigate it, or do what he suspects the drainage easement is intended for. Mr. Jreij stated he would not be doing any drainage in that area. Staff reserves five feet in case in the future something is needed for a swale or some type of issue with the drainage. They have no plans to establish any drainage in that area.
Commissioner Zembower stated that if staff is suggesting the County preserve five feet for maybe a future need that could arise and if that issue did arise, they would have to have enough area to get equipment in there to do the work unless they are going to do it by hand. Mr. Jreij responded that is correct. Commissioner Zembower asked why then are they going to vacate this easement to start with. Mr. Jreij responded that staff has asked to do a five‑foot easement. Mr. Jreij added that in looking at the situation, that five feet is not going to be used. He advised that he can go into a bit more detail with staff as to what the purpose of the five feet is. As Commissioner Zembower said, five feet would not serve much. The only thing it would serve is an individual lot or an individual piece of property if they wanted to have some type of swale.
Ms. Guillet explained that it is not unusual for the County to have a drainage easement on the back side of a lot that is actually maintained by the property owner. It just allows conveyance. She stated that it would not necessarily be an easement that the County would maintain, but it provides opportunity for drainage. The concern is if you are vacating right‑of‑way, then the opportunity to get that easement ever is somewhat limited. Chairman Carey stated the point is that five feet does not really accommodate anything, including a six‑foot mower.
George J. Karl, III, 1017 Nodding Pines Way, addressed the Board and read a statement (copy received and filed) into the record. He explained he and his wife selected this location because of the quality schools, Red Bug Lake Park, the limited-access neighborhood, and the country-style living versus town-style living. With regard to his concerns and objections to the vacate, Mr. Karl advised that Ms. Griffin appeared before the BCC on April 10, 2012 and stated her intention to build on these properties. He pointed out that on September 1, 2018, a married couple purchased 1061 Nodding Pines Way, and this married couple also owns property south of Mustang Way (Lot #27). He stated his concern is that passing this easement will allow the property owners to break through from their property to Nodding Pines Way to construct an accessible roadway to use for access to build on the property. He feels this would compromise the quality of living on Nodding Pines Way.
Mr. Karl stated that if the petition is passed, he requests that the deed transferring property contain restrictions, such as the restrictions that have been placed in the conservation easement agreement which is Exhibit 10 in the Resolution. In addition, he would ask that the restrictions last for 99 years; that no road be on the property; and that these resolutions or limitations be recited in any future deed. If a violation was found, it would be allowable to have the property owner stop until it can be determined if there are violations. If there are violations, the property owner at the time should put the property back into its original condition. Mr. Karl thanked the Board for hearing him.
Monica Lewis, 1065 Nodding Pines Way, addressed the Board and stated she is opposed to the County giving the land behind their property to Lucy S. Griffin. Ms. Lewis remarked that, if anything, it should be given to all of the property owners that back up to it if the County wants to give it away for free. They chose to live in the neighborhood because it is a quiet neighborhood and on a cul-de-sac, and they do not want any increased traffic if someone is going to develop the land behind them. Ms. Lewis talked about how there is too much development and construction in Seminole County. She mentioned the great things they have in their neighborhood and emphasized they want to keep it that way.
Lisa Sabrkhani, 1041 Nodding Pines Way, addressed the Board and talked about her home and how it is her refuge from the world. Ms. Sabrkhani stated she is a single mom of two kids and this home is what she has. She stressed that the County cannot allow this to happen to her neighborhood. She also does not know why the County is giving property away.
Chairman Carey reminded everyone that any individual has the right to petition the Board of County Commissioners for an action. It is the Board’s job to hear from them and hear from the public and make a determination. The Chairman stated the Board is not giving property away, and they are not out soliciting to give property away. This is the process that exists in the County to vacate a right-of-way. This is the legal process that it has to go through in order to determine if it will be given away, vacated, or not.
Mike Maroney, 1041 Nodding Pines Way, addressed the Board and stated he is in opposition to the giving away or giving access to the property. Mr. Maroney advised that he would hate to see this area developed. There are 20 acres to the north of the neighborhood that could easily be developed if they could punch through with a house that they had already purchased. He realizes it is a long process; they would have to go through zoning changes and whatnot to do that. Mr. Maroney explained why he sees this as a first step in getting that development done. He stated he cannot predict the future but feels they will have 50 new houses with cars coming through their neighborhood in four or five years, if not sooner. There are additional properties out there that also are not landlocked and have access through Mustang Way. Someone made a decision to plan communities in this area and leave them a narrow access through Mustang Way, which is not the neighbors’ problem. Their problem is that they want to preserve their neighborhood the way it is right now. He knows this is not the subject of today’s hearing, but this is what is going to happen.
Commissioner Dallari mentioned that there was a right-of-way termination back in 1981 and 25 feet were platted. He stated the 25 feet that was platted was where Mr. Maroney’s subdivision came from and then pointed out there is a remaining 25 feet that they are asking to vacate. It is just a right-of-way designation right now. Commissioner Dallari asked Mr. Maroney if he was aware of that. Commissioner Zembower stated it was originally 50 feet. Mr. Maroney responded that that is good to know but he is looking at the present day right now. Commissioner Dallari remarked that everyone is talking about the County giving property away; the County is not giving property away to anyone just yet. Mr. Maroney stated he understands but believes the owner will get control of this property. Commissioner Dallari agreed that is right. He added there is a right-of-way designation on 25 feet of it. It was originally 50 feet. Back in 1981, 25 feet of that 50 feet was replatted; and that is where Mr. Maroney’s subdivision came from.
Leonard Diezi, 1065 Nodding Pines Way, addressed the Board and stated he appreciates Commissioner Zembower asking about the five feet for drainage. He also does not think five feet serves any purpose. Mr. Diezi advised that he lives right next to the property in question, and it is completely wooded back there. It seems like a perfect drainage area. He believes the whole thing should be saved. If there is future development later on down the road (and it is possible they might not be able to do anything about it), he thinks it should be saved just for drainage. There is too much drainage. Howell Creek is right at the end of all of those properties; and last year during the hurricanes, that creek was very high. Lake Howell drains into there. That creek drains into Lake Jesup, and they all know that Lake Jesup fills up like crazy and overflows. He talked about the development that is occurring on Howell Branch, just east of SR 436. Mr. Diezi stated Seminole County is not Florida’s Natural Choice anymore; the natural land is going away. He reiterated that he is very opposed to this.
Mary Ann Lancaster, 1085 Nodding Pines Way, addressed the Board and advised that she went out of town on December 19 and returned on January 6 only to find out yesterday from a neighbor what was going on. Ms. Lancaster advised that she was not notified in the mail, and she has talked to her neighbors and they were not notified in the mail of this item. Ms. Lancaster talked about an event where Ms. Griffin came to Ms. Lancaster’s home trying to give her property and requesting that Ms. Lancaster give Ms. Griffin part of her property. She and her husband bought in this neighborhood 35 years ago, at the end of the cul-de-sac; and she does not want a lot of homes built next to her because she enjoys her privacy and would like to keep it that way. She agrees with everyone who spoke today and will continue to fight for this.
Joseph Hurley, 1070 Nodding Pines Way, addressed the Board and stated there are two things here. First of all, there is the reality that back in the very early 1980's, Nodding Pines Way was developed as a nice, quiet cul‑de‑sac street. Many of his neighbors are the original homeowners. Most all of them purchased for the reason that it is a nice, quiet cul‑de‑sac street. That is what they wanted and where they wanted to live, not on a street with more traffic than is on a typical street. The other reality is there is land east of Nodding Pines Way that has been there since then. The intent has always been that this land be accessed from Dodd Road; and there is access, Mustang Way. That is a one‑lane road. Since his development was developed, the developments of Oak Park and Howell Creek were developed. Back then when those developments were developed, Mustang Way remained a one‑lane road. That was the agreement back then, that Mustang Way be a one‑lane road. There is access through Mustang Way. So that is the reality. Nodding Pines Way is a nice, quiet cul‑de‑sac street; and Mustang Way is the access from Dodd Road to this land.
Mr. Hurley explained that there is an alternate reality and the alternate reality is that this land be developed by a large housing development. To get a large housing development, they can't use Mustang Way; so what they have to do is tear down one or two houses on Nodding Pines Way and build an access road. With a large residential development, there will be a lot of homes and a lot of traffic on Nodding Pines Way. So the alternate reality is Mustang Way is now the cul‑de‑sac street, abandoned and overgrown with weeds, and Nodding Pines Way is the access road for this new development. Mr. Hurley asked the Board to not let that happen.
Leila Braswell, 1012 Nodding Pines Way, addressed the Board and advised that she has been in her home for 37 years and would like to remain there. Ms. Braswell explained that they love the integrity of their neighborhood. She believes if Ms. Griffin is able to get the right‑of‑way vacate, that will be the last barrier for their neighborhood. Someone with property alongside Ms. Griffin's has bought a home on Nodding Pines that backs up to the access property. Because of the history with this property and trying twice before to get into their neighborhood and cut a road through their neighborhood, they know that is the plan; and they do not want to see that happen. Ms. Braswell talked about the difficulties getting in and out of the driveways because of people cutting through the neighborhood on the way to Red Bug Elementary. Ms. Braswell stated the right‑of‑way that was given in 1928 to Seminole County protects them. With the home that was bought by Mr. and Mrs. Larry Sikes, who have an interest in the land next to Ms. Griffin's, Ms. Braswell indicated they know what the plan is; they have a business plan. She does not know Ms. Griffin, and she does not know the Sikes, and she may be crystal balling what they are planning on doing. But history tends to repeat itself, and she believes they are trying to cut through the neighborhood. Ms. Braswell emphasized that the neighbors, who have turned out and sent emails, really do not want this to go through.
Michael St. Lawrence, 1012 Nodding Pines Way, addressed the Board and stated the neighborhood is starting to get new homeowners, younger people with younger families; and a reason why a lot of the newer families are there is because of the low traffic flow. He talked about seeing the children on their way to school and advised a new development will change the traffic drastically. Mr. St. Lawrence stated that just trying to get out in the morning is a two-stoplight wait. He added that they are looking for access and there is access on Mustang Way. There is no need to go through Nodding Pines Way in order to access that property.
Kim Herbon, 3858 Mill Creek Court, addressed the Board and stated he lives in Sutters Mill 1, which is west of Sutters Mill 2. Mr. Herbon stated he has been a resident of Sutters Mill 1 since 1980 and is opposed to this vacate because he likes the neighborhood. He talked about coming to this area because of the schools. He does not want to see changes in the neighborhood that would adversely affect it from the standpoint of increased traffic. He discussed how the traffic on Nodding Pines backs up a lot of the time.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Public Comment Forms were received and filed.
Chairman Carey asked staff whether Nodding Pines Way is a public road or a private road. Ms. Petyk stated she believes it is a public road, which was confirmed by Public Works. Chairman Carey stated she understands, from the history of this property and from the 1928 plat, that a new owner came in and replatted this subdivision (where Nodding Pines Way is the main spine/cul‑de‑sac road) and took 25 feet of what was a 50‑foot right‑of‑way. So 100 percent of the remaining parcel would go to the property owner to the east because of the fact that it was all originally given by Mr. Van Vranken when it was originally platted. Ms. Petyk agreed with what the Chairman stated and suggested that the County Attorney's Office could confirm that. Paul Chipok, Senior Assistant County Attorney, confirmed that was correct. Chairman Carey stated she had concerns when she looked at this yesterday and asked staff to provide a larger map because the County has water treatment facilities adjacent to this right‑of‑way as well.
Chairman Carey confirmed with staff that the legal access to this property is Mustang Way. With regard to the right‑of‑way width of Mustang Way, Ms. Petyk advised it is a 15‑foot access easement. The Chairman confirmed with Ms. Petyk that it is a 15‑foot access easement and not an existing road; it is just an access easement as if it were a driveway. At Chairman Carey’s request, a larger map was displayed (copy received and filed); and a discussion ensued between the Chairman and Ms. Petyk with regard to the locations of the legal access for various properties highlighted on the map. Chairman Carey noted that if they vacate the right‑of‑way, they would be cutting off the County's own access unless they went through the water treatment plant. Mr. Chipok clarified that the petition to vacate request is not the entire length down to the water treatment plant. Referring to the map being displayed, he indicated it is just down halfway through the bottom lot on Nodding Pines Way. Chairman Carey stated she has some of the same concerns as Commissioner Zembower about why they would keep five feet for anything.
Commissioner Dallari stated in looking at the information as presented to the Board in the agenda packet as well as talking to staff and hearing the various testimonies from the public, there are a lot unknowns here and a valid concern about the drainage. He does not think this right‑of‑way should be vacated at this time until they know what is happening with the properties around the area.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to deny the request to vacate and abandon an uncut portion of an unnamed right-of-way, as recorded in Deed Book 88, page 25, in the Public Records of Seminole County, Florida, for property located near Mustang Way, Casselberry, Florida, Lucy S. Griffin, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
MORNING STAR SELF-STORAGE
SSLUA AND PD REZONE/Brian Pelski
Agenda Item #31 – 2019-1128
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Industrial and Mixed Development to Planned Development, and Rezone from C-2 (Retail Commercial) to PD (Planned Development), on 2.0 acres, located on the west side of U.S. 17-92, between 2nd Street and the Orange County line, Brian Pelski, received and filed.
Jeff Hopper, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Mr. Hopper explained that the Applicant is requesting a self-service storage facility and talked about the Future Land Use and Zoning designations. The subject property consists of seven parcels containing a mix of existing uses. It is located in an area where the Comprehensive Plan encourages infill and redevelopment and making use of existing public facilities. The property would be consistent with these priorities.
Mr. Hopper noted there are challenges, as the Board can see from the site plan, with the property size and shape, which makes it somewhat difficult to comply with ordinary code requirements such as buffers and setbacks. Through the PD process, these types of standards can be relaxed or tailored to fit the situation. Mr. Hopper described the proposed setbacks and noted that in exchange for those proposed setbacks, the Applicant has agreed to restrictions to mitigate impacts on surrounding properties, which include prohibition of outdoor storage, exterior walls finished with non-metallic materials such as wood or brick, buffers with extensive landscaping and decorative metal fencing, and foundation landscaping along building frontages. Mr. Hopper stated that staff finds that the proposed amendment is in keeping with the general trend in the surrounding area toward higher development intensities and more efficient use of public facilities. He offered to answer any questions.
Commissioner Zembower confirmed with Mr. Hopper that this is the last piece just before they get into Maitland. Commissioner Zembower questioned whether the City of Maitland had weighed in regarding any concerns or had any interactions with staff, and Mr. Hopper responded there is none that he has heard. The location and prior uses of this property were discussed. Commissioner Zembower advised that he thinks it is a very odd-shaped lot that is going to be a challenge to do some of the things that the County’s guidelines dictate should be done and asked Mr. Hopper if he was comfortable with that. Mr. Hopper responded that he was.
Commissioner Dallari referred to the site plan and pointed out there is an area right in the middle that says "not included" but yet the open space is to the south of that. Mr. Hopper stated that is an unusual situation. He advised that his understanding is the Applicant at some time in the future is hoping to get that incorporated into the PD. Commissioner Dallari questioned how, from a planning standpoint, they have a piece of property to the south of it that is for the open space but is not connected to the other piece of property. It is almost like remote open space. Mr. Hopper explained that it is a very unique situation. Commissioner Dallari asked how far away you can have an open space from an adjoining piece of property. Mr. Hopper stated he does not know that they even have a guideline for that and that it was just a decision made by the Director that they would allow this to go forward.
Rebecca Hammock, Director of Development Services, addressed the Board and explained that currently the Applicant does not have that piece that is labeled "not included" under contract. Their intention is to come back and later include that piece once they are able to purchase it. If they are not able to purchase it, they would have to get an easement to the open space tract because it is supposed to be accessible from the development. Commissioner Dallari asked what will happen if they don't get the easement. Ms. Hammock stated if they don't get the easement, they may not be able to move forward. She added that it is her understanding they are now able to get the piece that was not included to be part of the PD. Commissioner Dallari confirmed with Ms. Hammock that in order to use the piece to the south as open space, it somehow has to be connected to the piece to the north. Chairman Carey stated it sounds to her like any approval would need to be subject to them acquiring an easement to reach the open space in the most southern point. Ms. Hammock agreed and added either that or be able to incorporate the piece that currently says, "not included."
Commissioner Dallari noted the Applicant has committed to not having any outdoor storage and then they have that piece in the middle that is not included. He asked whether they could have outdoor storage there because that will be "after the fact." Ms. Hammock responded that if the Applicant does incorporate the piece that is not included, they will have to amend the PD to include that piece and the "no outdoor storage" would apply to that piece as well.
Commissioner Lockhart noted as the district commissioner for this area, she had an opportunity to meet with the Applicant and thinks they will have an opportunity to share where they are in acquiring that one missing link. She stated one of the conversations that came up was the request (which was in the P&Z minutes) about requiring a sidewalk on 2nd Street. She knows that is something that could be required of them at a future time. Commissioner Lockhart pointed out that the only thing 2nd Street leads to is the CSX. As the district commissioner, she does not feel compelled to make them put in a sidewalk in that area. When she asked staff about why the County would require that of them, the response was pretty much "that is what we require." Chairman Carey noted the requirement is part of the Land Development Code; so staff can't waive it but the Board can. Commissioner Lockhart advised that with the flexibility that was mentioned earlier by Mr. Hopper, they would be able to consider that.
Ms. Guillet asked Ms. Hammock if the D.O. has been modified to reflect that, and Ms. Hammock responded that the D.O. does not include the condition that requires the sidewalk so that is something that would be addressed at the site plan. If it is something that the Board would want to waive, they can do that with this approval. Chairman Carey confirmed with Ms. Hammock that since this is a rezoning, the site plan will not come back to the Board. Anything the Board wants to ensure happens on the property, they will need to make sure that is part of the discussion and direction that is given when the Board finally takes action one way or the other.
Chairman Carey stated she would like to make a comment about two things, which they can discuss at a later time, that she would like the Board members to be thinking about. The Chairman referred to a comment Mr. Hopper made about there being no metallics or no metal on the building and it was wood and brick. She stated the County does not have any architectural standards in their code. They don't even have a list of materials as to what this Board thinks is acceptable. The Chairman stated that quite frankly, with a lot of the new industrial looks that are so popular right now, decorative metal is an important part of that. If they are going to have staff making subjective requirements of the applicants, she thinks the Board needs to consider looking at least at a list of acceptable materials that they can ask for. Otherwise, it is whatever they think is acceptable and not necessarily what the Board thinks. Without that being written somewhere, she thinks it is unfair to the public, who may be making application to the County. They could just be getting a list of things because the planner would like to see it, and it is not really anything that this Board has taken up. Chairman Carey advised that is one thing she would like to have a future discussion about.
With regard to the second issue, Chairman Carey remarked that they have talked about this before; the County does not have a sidewalk fund. They have talked about the possibility of establishing a sidewalk fund so that when they have situations like this and it really doesn't make any sense for the developer to build a sidewalk, they could make a contribution to the sidewalk fund and that money could be used anywhere in the county or in the district, however they would want to set it up, for missing pieces of sidewalk that they have. Chairman Carey remarked that she thinks they need to consider establishing some type of a sidewalk fund so they could not require them to build a sidewalk to nowhere yet have the benefit of the funds that it would cost them to build the sidewalk. The Chairman reiterated that those are two things she would like the Board to consider. Commissioner Zembower asked if that is something they should consider for a work session, those two items together. Chairman Carey stated they could do them together and suggested they talk about it at the end of the meeting. She indicated there is another item on the agenda today that has requested some architectural standards. She noted they are allowed to ask for them but what they are asking for has never been sanctioned or approved by the County Commission. She thinks if they are going to be doing this, they need to be able to say that the County Commission has approved this list of items.
Brian Pelski, Applicant, addressed the Board and stated he is the Director of Development with Morning Star. Mr. Pelski introduced Ken Fisher, his planner and civil engineer, and Alec String, their real estate broker. Mr. Pelski stated they are very excited to finally be in this position to present this development to the Board today. They have had their eyes set on this date for nearly two years. He talked about assembling all of the properties and advised they are now under contract for nine parcels; they have secured the missing parcel. The nine parcels that are currently under contract are currently on the tax rolls for about $660,000. The properties include a cluster of dilapidated structures, chain link fences, used car lots, and two existing billboards and are an eyesore to the community at the entrance to Seminole County. With the Board's approval today, Mr. Pelski stated they are prepared to move forward immediately with the next steps to invest $10 million into this property. That will include the demolition of all structures, including both billboards. This investment will come without any additional traffic impacts or additional utility consumption as compared to what has been there in the past.
Regarding the application that staff has recommended for approval, Mr. Pelski advised they are in agreement with all matters except for two. The first is the decorative metal fence that was asked to be installed in three locations in exchange for some reduced buffer areas. They have absolutely no operational needs for a fence anywhere on the property unless it is determined at site plan approval that they are going to need a fence around the retention pond. Regarding a project like this, which has an urban design to it, most of the municipalities up and down U.S. 17‑92 are typically asking them to move their buildings closer to the roadway and reduce those buffers, as can be seen throughout the city of Maitland with all of their upscale new development.
Mr. Pelski reported that P&Z discussed this request and ultimately approved a motion that eliminated the fence in two locations, with one being along 2nd Street, the road to nowhere. They met with the church next door, the pastor and his elders, who use 2nd Street for some of their parking on Sunday mornings and afternoons, and they hoped they would have the opportunity to continue to park along there. He does not know whether the fence might get in the way potentially.
Commissioner Constantine left the meeting at this time.
Mr. Pelski stated the other matter is proposed south of the entrance on U.S 17‑92 down by the pond. With the inclusion of the missing link, that whole area down there will be open space and retention. To him, it will look like a park unless they have to put some fencing in there. When it was discussed at P&Z, they decided they would not like to see it down there as well. They asked him at P&Z if he would consider putting it in the area between 2nd Street and the entryway; and he replied that if the concern is the safety of someone running out into the road, that would be one thing. Afterwards, he thought most of the projects built up and down the road are up close and that could be a concern for any new development. Mr. Pelski stated he does not know if that is really warranted; and if it is really a buffer issue, he would rather do some other enhancements, whether it is landscaping or maybe even something with a sidewalk to help the church next door.
With regard to the sidewalk, Mr. Pelski stated when this issue came up last week to him personally, he agreed and stated he would be happy to put a sidewalk along 2nd Street. Then, he realized they already have a sidewalk in their plan proposed just a little bit further to the south. His thought is they probably don't need two sidewalks serving a use that very few people actually travel to on foot. They are happy with a sidewalk if the Board wants it, whether it is in the middle, on 2nd Street, or wherever. With regard to all other matters presented by staff, they are in agreement. He offered to answer any questions.
Commissioner Zembower referred to the parcel to the west, which goes between the CSX right‑of‑way and his parcel on 2nd Street, and asked Mr. Pelski if he is procuring that parcel as well. Mr. Pelski explained that there is a sliver on the south side that was a former abandoned right‑of‑way, maybe 10 to 20 feet wide; and that is the eighth of the nine parcels they have under contract. Nothing is being done with that parcel other than being part of the open space. He added that the cell tower will remain. Commissioner Dallari referred to the piece that says, "not included." Mr. Pelski stated that is the cell tower parcel and pointed out there is actually an alleyway between the cell tower and what will be the back of their building that probably held up this application for two to three months as they worked with the County surveyors trying to figure out the title to it.
Commissioner Constantine re‑entered the meeting at this time.
Mr. Pelski explained that the plat they were working with was Plat Book #1 of Seminole County, and they were trying to solve problems with handwritten notes that were entered on the plats. Commissioner Zembower confirmed with Mr. Pelski that the cell tower is staying and the billboards are going. Commissioner Dallari referred to the two pieces of property that are on the site plan that say, "not included." He asked Mr. Pelski if there is one piece that is going to be under contract, which is to the south of the retention pond, and Mr. Pelski responded yes. Mr. Pelski confirmed for the Commissioner that the other piece that is to the west of the building is not going to be included at all except for the little sliver that he mentioned that is not needed for the cell tower usage. It is outside the fenced area. With regard to the removal of the two billboards, Commissioner Dallari questioned whether the billboard rights are being transferred someplace else, and Mr. Pelski replied they were not. Chairman Carey asked Mr. Pelski whether it would be an issue for him if this was approved subject to obtaining an easement or the parcel, the missing piece, and he indicated that it was not an issue. He stated in fact there is an access way that runs down to that parcel to access it; it is an operating entity at this moment. Chairman Carey stated if it is not a legal easement, he may not have the rights to use it.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt Ordinance #2019-1 enacting a Small Scale Future Land Use Map Amendment from Industrial and Mixed Development to Planned Development; adopt Ordinance #2019-2 enacting a Rezone from C-2 (Commercial) to Planned Development (PD) for 2.0 acres; and approve the associated Development Order and Master Development Plan, located on the west side of U.S. Hwy 17-92, between 2nd Street and the Orange County line, Brian Pelski, as described in the proof of publication. Commissioner Lockhart stated she would like to add that the Applicant is not required to put in a sidewalk on 2nd Street; and if they would like to do something different from the fencing and in exchange do some enhanced landscaping, that would be allowable as well.
Under discussion, Chairman Carey confirmed with Commissioner Lockhart that her motion is subject to the Applicant obtaining the parcel or an easement; and Commissioner Dallari, as the seconder, agreed.
Commissioner Zembower asked for clarification regarding the enhanced landscaping. The Commissioner asked Mr. Pelski what his intent was and what he imagines there. As the Applicant has said, there is really no landscape buffers or fencing or anything coming down 17-92 and along that corridor. Chairman Carey stated she took it that they could enhance the landscaping along the front with hedges or flowerbeds or whatever, if they did not want to do the fencing. Commissioner Lockhart thinks the property owner has a better idea of what looks good and is attractive for their property and that they may not include fencing. It may be something else they would like to plant along there that is attractive. Chairman Carey advised that at this point, it just gives staff flexibility. In hearing what the Commissioner said, that if they offer to eliminate the fence, there has to be some enhancement to the landscaping for the benefit of the public in order for that to be accepted.
Districts 1, 2, 3, 4 and 5 voted AYE.
MLK COMMERCE PARK PD SSLUA AND REZONE/Tom Ball
Agenda Item #32 – 2019-1126
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Low Density Residential to Planned Development and a Rezone from R-AH (Affordable Housing) to PD (Planned Development) for an Industrial Park on 9.44 acres, located at the corner of Martin Luther King Jr. Boulevard and West 20th Street, Tom Ball, received and filed.
Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. Ms. Giles explained that the Applicant is requesting the Land Use Amendment in order to construct a building for the purpose of light manufacturing, assembling, and commercial office uses. She explained how the development will have one access onto Martin Luther King Boulevard and two access points onto West 20th Street. The developer will be required to improve West 20th Street to meet County standards for road width and pavement as well as construct a sidewalk along West 20th Street and the west side of Jones Avenue.
Ms. Giles explained that while the properties adjacent to the subject site are developed as single-family residential, industrial development is established as a predominate trend within one-quarter mile north of the subject site and one-quarter south of the subject site. She then discussed the intent of the Planned Development zoning classification and advised that the proposed PD addresses the objectives of the PD zoning designation in that it provides a required minimum of 25% open space, it defines the permitted and prohibited uses, and it defines a maximum Floor Area Ratio of 0.35. Ms. Giles detailed the proposed perimeter buffers.
Ms. Giles advised that the Applicant is requesting a waiver from the minimum parking requirement of one space per 1,000 square feet of building plus one space for every two employees on the largest shift. The Applicant is proposing a parking ratio of 0.89 spaces per 1,000 square feet of building for warehouse use. Staff is recommending approval of the proposed PD with the exception of the following condition. The Applicant is proposing that no restrictions for hours of operation be imposed on the development. Staff recommends limiting the hours of operation between 7:00 a.m. and 7:00 p.m. in order to minimize adverse impacts on the adjacent single-family residential neighborhood from sounds and activities that may typically occur from warehouse, assembling, distribution, and light manufacturing. Ms. Giles gave several examples of previously approved PD’s with limited hours of operation.
Ms. Giles stated that staff has provided a Development Order and recommends approval of the Land Use Amendment and Rezone with the additional condition of limiting the hours of operation for warehouse, manufacturing, and distribution between the hours of 7:00 a.m. and 7:00 p.m. The Planning and Zoning Commission voted to recommend approval of the request that staff provided and the Development Order with the exception of the hours of operations being limited. Ms. Giles reiterated that staff recommends the Board approve this item based on staff’s conditions of approval as listed in the Development Order provided by staff.
Chairman Carey asked whether there is a sidewalk existing along Jones on the residential side. Ms. Giles advised that there is not. There is a sidewalk on the north side of West 20th Street but no sidewalk along Jones on either side of the road.
Tom Ball, Applicant, addressed the Board and stated he and his son purchased this property. Mr. Ball explained that since the time they purchased the property and started working with County staff for the land use change and rezone, they have had the opportunity to enter into an agreement to purchase the property and for it to be developed. The president of the company that would be the developer is Scott Alexander; and he is the president of Blue Scope, a property group out of Kansas City. Mr. Ball mentioned that their engineer, Larry Poliner, is in the audience. They have worked with staff and agree with what has been proposed. In regard to the hours of operation, it was resolved at P&Z unanimously for it not to be a restricted time. He stated he is very excited to bring a quality developer like Blue Scope to the County to create the job opportunities and substantially increase the tax base for the County. Mr. Ball thanked the Board for their time and consideration and offered to answer any questions.
Chairman Carey stated the time restriction is still in the Development Order even though P&Z made a recommendation to not restrict the hours of operation as their approval. Commissioner Zembower reported that he had an opportunity to speak with Mr. Ball last week. The Commissioner advised that it is his understanding that the secured intent to develop this is as a "distribution with trucking component," and Mr. Ball agreed that is correct. Commissioner Lockhart referred to the sidewalk and the portion of 20th Street that adjoins Mr. Ball's property and pointed out that it has a significant drainage ditch right along there. She asked if the sidewalk that is being required will be on the inside or the outside of that drainage ditch. She wondered if Mr. Ball is being asked to "pipe fit" it. Mr. Ball responded that that is really a question that Mr. Alexander and his team can address better. He added that it sounds like a great opportunity to make a contribution to a sidewalk fund.
Chairman Carey asked Ms. Giles to indicate on the plan for the audience and for the Commissioners where she is requesting a sidewalk be built in the Development Order. The Chairman stated there are already sidewalks along MLK. Ms. Giles responded that the Land Development Code requires that a sidewalk be built along the north perimeter of the subject site along West 20th Street as well as the east perimeter along Jones Avenue. Chairman Carey explained that the reason she asked about an existing sidewalk on 20th Street or on Jones is because there are two driveways proposed on 20th Street and one of those will be semi's coming and going. She does not believe it is a good idea to mix the sidewalk and semi access. Again, if the County had a sidewalk fund or the Applicant would want to volunteer to construct a sidewalk or contribute to the cost of that, she would prefer to see a sidewalk on the other side of 20th Street adjacent to the residential area that would connect to MLK, not in an area where it is going to cross a driveway for semi access.
Chairman Carey noted that they don't have a sidewalk fund and don't have that requirement and asked Mr. Chipok if there is a way for the Board to possibly include a requirement that would require the Applicant, if they have the right‑of‑way, to contribute the funds to have a sidewalk constructed on the other side of 20th Street. Mr. Chipok responded that fortunately this is a PD rezoning so conditions such as that would be permissible to add into the Development Order. Chairman Carey added that would be if the Applicant would volunteer to do it. Ms. Guillet pointed out that she believes there is a sidewalk on the other side of 20th Street. Ms. Giles concurred that there is an existing sidewalk on the other side of 20th Street. Ms. Guillet reported that there is no sidewalk on Jones.
Chairman Carey noted that 20th Street is really where most of the homes are and there is already an existing sidewalk there, just not one on Jones. She asked how many parcels there are on the east side of Jones Avenue, and Ms. Giles stated she believes there are four with three being single‑family homes developed on the east side of Jones. Ms. Giles reported that there is no sidewalk at all on Jones. Commissioner Lockhart reported that she drives that way and took the opportunity to "do the square." She advised that two of the three homes on Jones are occupied and the third home is completely boarded up.
Chairman Carey asked if there are any more questions for staff, and Commissioner Lockhart requested clarification on the ditch. The Chairman confirmed with Commissioner Lockhart that she is referring to the ditch on the south side of 20th Street. Commissioner Lockhart remarked that she does not recall exactly whether there were areas of that ditch that were already piped to give access to that property and wondered whether they were going to be just piping the areas that require the access, the driveways. Mr. Jreij responded that those items would be addressed during the engineering design and the site plan. He explained there are two options. They can regrade that area as a ditch to be able to fit a sidewalk or they can pipe it. That has happened on a lot of projects throughout the county. Mr. Jreij added that the two options will be discussed during the engineering and site plan review.
Chairman Carey noted that Larry Poliner, the engineer for the project, is present and suggested that he address the issue. They have a conceptual site plan; and it does not appear on that that there is a ditch at all; so she imagines they are going to pipe it, landscape it, and use it as part of their open space. Larry Poliner, RCE Consultants, addressed the Board and stated the original design was just to have those driveways and pipe in the driveways. If anyone has been out there, they would see there is not much room between the edge of the asphalt and the ditch. Right now the slopes on that ditch are basically one to one. There is no room for error. Mr. Poliner stated one of the concessions or one of the design parameters would have to be to improve that road. Chairman Carey advised he will have to improve 20th Street from Jones to MLK Boulevard. The Chairman asked whether, as part of that road improvement, Mr. Poliner plans on addressing the drainage issue; and Mr. Poliner replied that he is. He added that parts of the ditch are delineated as flood zones; so they will have to see whether it is just conveyance or actually level rise in water out there. They will have to see what they have to do to make it work. Chairman Carey confirmed with Mr. Poliner that his intent during final engineering, when they do the road, is to address the open drainage and to possibly put that in a pipe and convey it to wherever it is going.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Chairman Carey, seconded by Commissioner Dallari, to adopt Ordinance #2019-3 enacting a Small Scale Future Land Use Map Amendment from Low Density Residential to Planned Development; adopt Ordinance #2019-4 enacting a Rezone from R-AH (Affordable Housing) to PD (Planned Development) for 9.44 acres, located at the corner of Martin Luther King Jr. Boulevard and West 20th Street, based on the conditions of approval listed in the Development Order recommended by Staff, Tom Ball, as described in the proof of publication. The conditions will include no restriction on the operating times, no wood fences allowed, and no sidewalk required along Jones Avenue but enhancement to the landscaping required along 20th Street. Chairman Carey advised the Developer indicated that they would be willing to make a contribution; therefore, she will include in the motion that a contribution will be made for the cost of the sidewalk along 20th Street to what will become hopefully a sidewalk fund.
Under discussion, Commissioner Zembower stated he would solicit entertaining an amendment to those motions. Because of his background, he agrees with not limiting the hours of operation. He added that in speaking with Mr. Ball, he indicated this is going to be one of the new modern-type distribution facilities where in essence the back of the cargo trailers will be sealed to the building. He explained how this is a non-issue. As long as forklift equipment and so forth are maintained within the loading dock area in the interior of the building, they don’t have 120+ decibels sirens from forklifts emanating through the neighborhood, which is what he would have a concern with for the adjoining property owners when they are eliminating these operating hours. Regarding forklifts in the parking area or the loading area that are external, Commissioner Zembower stated he has been assured that will not be the case. He believes this is important and the Board needs to consider that as part of the Development Order as well as absolutely no truck repair of any type, other than emergency repair, to take place on site. Chairman Carey advised that truck repair is not in the Development Order as part of the request for the use here; so she does see that as being an issue. She stated she would not have an issue amending her motion to not allow forklift activity outside of the building after 8:00 p.m. Commissioner Zembower indicated that would work for him. Chairman Carey agreed to amend her motion; and Commissioner Dallari, as the seconder, agreed to the amendment.
Commissioner Constantine pointed out that Mr. Ball was more than willing to donate to the sidewalk fund. He suggested they put some type of clarification so they have some sort of designation that it will be similar to what a sidewalk would cost at that location. Chairman Carey advised that as part of her motion, she indicated the contribution would be for what the cost of a sidewalk would be.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated that before they move to the next item, she would like to add wood fencing to their list. The Chairman talked about how, in the past, the County did not allow anything other than walls. She does not like to approve wood fencing but does not mind chain link that is clad or vinyl fencing. Precast walls and regular construction masonry walls are fine. Chairman Carey reiterated that she would like to add to the list fencing options as well as sidewalks and architectural features.
Commissioner Constantine submitted his ex parte communication into the record.
CHARLOTTE STREET RIGHT-OF-WAY VACATE/
Jorge Rodriguez and Robert Burnell
Agenda Item #33 – 2019-1127
Proof of publication calling for a public hearing to consider adopting a Resolution vacating and abandoning an uncut portion of the Charlotte Street right-of-way as recorded in Plat Book 3, page 66, of the Public Records of Seminole County, Florida, for property located on the north side of Lake Marion Drive, approximately 200 feet north of Franklin Street, Altamonte Springs, Florida, Jorge Rodriguez and Robert Burnell, received and filed.
Joy Giles, Planning and Development Division, presented the request as outlined in the Agenda Memorandum. Ms. Giles explained that the adjacent property owners will each acquire 25 feet of the vacated portion of the right-of-way known as Charlotte Avenue. The right-of-way is not required for access for any other properties and Public Works has provided a letter of no objection to the vacate. Ms. Giles advised that Public Works has requested that the Applicants provide a drainage access easement across the entire Charlotte Street vacate portion, which the Applicants have provided, and that will be executed prior to the Resolution being recorded. Staff recommends the Board approve this item.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-11 vacating and abandoning an uncut portion of the Charlotte Street right-of-way as recorded in Plat Book 3, page 66, of the Public Records of Seminole County, Florida, for property located on the north side of Lake Marion Drive, approximately 200 feet north of Franklin Street, Altamonte Springs, Florida, Jorge Rodriguez and Robert Burnell, as described in the proof of publication; Drainage Easement with Jorge M. Rodriguez and Drainage Easement with Susan B. Burnell and Robert R. Burnell.
Districts 1, 2, 3, 4 and 5 voted AYE.
BILL RAY NISSAN REZONE/
David Ray, R&R Investments, LLC
Agenda Item #34 – 2018-0056
Proof of publication calling for a public hearing to consider a Rezone from PD (Planned Development) to M-1 (Industrial) for a U-Haul Storage and Rental Facility on approximately 13.09 acres, located northwest of the James Wesley Lane and Hickman Drive intersection, David Ray, R&R Investments, LLC, received and filed.
Danalee Petyk, Planning and Development Division, presented the request as outlined in the Agenda Memorandum. Ms. Petyk explained that the property was previously zoned as the Bill Ray Nissan Planned Development, which allowed C-3 (Commercial) and M-1 (Industrial) type uses; however, the PD has since expired requiring a new rezone. The Applicant is requesting the rezone to develop a moving truck rental and self-storage facility. The property has an Industrial Future Land Use designation, which allows a maximum Floor Area Ratio of 0.65, and is surrounded by the same Industrial Future Land Use to the north, east, and south with I-4 to the west. Ms. Petyk advised that the request is consistent with the Land Development Code and compatible with the trend of development in the surrounding area. The Planning and Zoning Commission recommended approval of the request and staff is also recommending approval.
David Ray, Applicant, addressed the Board and stated he originally purchased the property and was going to build a car dealership there. He has since changed his mind. Mr. Ray pointed out that on the County’s recommendation, the property was originally zoned M-1; and he changed it to PD, which has expired. He stated he has a contract on the property; so it will not actually be him that is building the U-Haul. Mr. Ray offered to answer any questions the Commissioners may have.
Motion by Chairman Carey, seconded by Commissioner Dallari, to adopt Ordinance #2019-5 enacting a Rezone from PD (Planned Development) to M-1 (Industrial) for 13.09 acres, located northwest of the James Wesley Lane and Hickman Drive intersection, David Ray, R&R Investments, LLC, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Meloney Lung, Assistant County Manager, addressed the Board to present the Legislative Update. Ms. Lung noted that at the meeting on December 11, 2018, Chairman Carey requested approval to provide the Legislative Delegation with a draft of the 2019 State Legislative Priorities. She reported that at the December 18 Legislative Delegation meeting, she provided a paper copy of the priorities to the delegation.
Ms. Lung advised that today she would like to discuss both the 2019 State Legislative Priorities list and the 2019 Federal Legislative Priorities list (received and filed) so they can finalize the priorities and try to get them to the County’s representatives in a final form. Ms. Guillet pointed out that she believes all of the Commissioners have had a chance to review the lists. In the interest of time, Ms. Guillet is not sure if the Board wants Ms. Lung to go through the lists.
Chairman Carey stated that historically, the County’s philosophy has been to have no more than three key items as their priorities and then just a list of other supporting legislation. The Board made that change a few years ago when Commissioner Constantine came onto the Board. He was someone who saw these all of the time and thought it was a good idea not to list everything as a priority because everything is not. The Chairman suggested that in keeping with the same idea with regard to the Federal list, they would have no more than three sources being their priorities and the rest would be support legislation.
Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve the distribution of the Drafts of the 2019 State Legislative Priorities list and the 2019 Federal Legislative Priorities list to the County’s Federal and State representatives and their lobbyists.
Under discussion, Commissioner Zembower stated he would like consideration from his fellow Board members on both the State and the Federal Support and Request Funding to give direction to look and see what funding they may be able to secure through grants and so forth to be able to do something with the County’s trail connectability with their parks’ systems and their fellow parks’ systems, which may be state-owned properties. In his district, there are properties that are literally within an eighth of a mile of each other and no connectability. Commissioner Zembower believes that would be something they would want to look at. Chairman Carey confirmed with Commissioner Zembower that he would like to pursue grants to connect trails throughout the county.
Commissioner Zembower explained that at one time, they were talking to Orange County about some connectability to some of their trails on Seminole’s border and Volusia has come all of the way across to 15. Chairman Carey stated they have connected that with the approval of the Riverwalk from Volusia County all of the way around with the action on Mellonville and Celery to make the connection at 415. That loop is completed. Chairman Carey asked the members of the Board if any of them had any objection to trying to pursue grants for trail connections. No objections were voiced.
Ms. Lung informed the Board that she and Ms. Guillet met with both of the lobbyists last Friday and had a very good two‑hour meeting. She stated she would like to get the Board's approval to move forward on several things. Ms. Lung noted that the DJJ appropriation grant, the $1 million, is supposed to expire this year. On the recommendation of the lobbyists, Ms. Lung stated she would like to complete a $2 million request. They are going to try to get the $1 million extended and then they will go back and amend the request for this year. She explained that they would like to go ahead and move forward with asking for the $2 million this session.
Ms. Lung advised that additionally the lobbyists suggested that the County ask for some type of a water project between $800,000 and $1.1 million. Commissioner Dallari asked Ms. Lung to define what she means by "water project," and Ms. Lung responded that is just what the lobbyist said. She stated it was very open; so she spoke with Kim Ornberg. There is a project that seems to fit, and it is a water quality project on Howell Creek she believes. There are two projects that are partially funded this year that would meet the criteria. Ms. Lung advised that she can complete this and get it to the Commissioners; and then, with the Board's approval, she can go ahead and try and submit it.
Ms. Lung advised that the lobbyists additionally suggested the bear cans. Since they are only funding Seminole County a limited number every year and Seminole County is maybe getting 25% of it, the suggestion was to go ahead and request outside of that to the Florida Fish and Wildlife Fund and ask for an appropriation. Ms. Lung advised she does not know the Board's thoughts on this.
Ms. Lung stated she was thinking about the trails and wondered if they should do a fourth item on the trails. Chairman Carey suggested maybe they should amend their list to say support grant funding for trails, water quality projects, bear cans, and just put the string out there of the grants that they want. Ms. Guillet stated they can do that, and she thinks it is important to have it on the list. She explained that they have to actually fill out specific appropriations forms asking for specific appropriations and they need the Board's authorization to work with the lobbyists on these items that the lobbyists think the County has a good shot at getting the funding.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the authorization for staff to apply for the appropriations that were presented today.
Under discussion, Chairman Carey confirmed with Ms. Guillet that they already have $1 million appropriated for a project that is a $3-million-total project; that they were anticipating they would have gotten another million; and that they would have put in $1 million out of the General Fund. The Chairman stated she wants to start moving this project forward so they don’t lose the first million. Ms. Lung explained that it is too late. The first million indicated they had to have the project completed and the project can in no way be completed. Chairman Carey advised that she thought they had already gotten an extension. Ms. Guillet advised they did get an extension but that was only until February or March of this year. Commissioner Zembower asked if that is February or March of this year or last year. Ms. Guillet stated it is this year. She added that for the money they got two years ago, that really was an unheard of extension; but they don’t have the other $2 million for the project. Discussion ensued with regard to the extension.
Chairman Carey asked if staff is saying to go back and ask for $2 million, which is the $1 million they already got plus the other million, and they still are going to have $1 million out of pocket for this project. Ms. Lung responded yes. Ms. Guillet stated they are still going to have $1 million out of pocket, but what they are going to do is approach it from two different directions. They are going to ask for $2 million, and they are going to try and get the existing $1 million extended even further. They could get $3 million; they are hoping for $2 million because $2 million would make them whole on the $4 million. The whole intent of this was to make the County whole on the $4 million, which is why they did not expect to get $3 million for this project. Ms. Guillet informed the Board that the suggestion is to try and get a further extension. They kept it alive into this session so they could try and get another extension on that first million because they did not get anything on it last year. The alternative is to just try and get the whole $2 million again.
Commissioner Lockhart stated for the benefit of the Commissioners that are new, they keep hearing it referred to as “this project” and she does not know what project it is that they are talking about. Ms. Lung explained that it is the Juvenile Detention Center and the Juvenile Justice Center; it is eliminating one and adding on to another. Ms. Guillet stated the Juvenile Assessment Center (JAC) is separate. Chairman Carey explained that when they are talking about $4 million, they had a situation where all the counties in the state were overbilled for juvenile detention facilities. The County had overpaid by $4 million. By the time all of this was agreed to and settled with the other counties, Seminole County had already pulled out of the State-operated system. Seminole County is one of only two counties out of 67 where the Sheriff operates the juvenile detention facility, not the State. This was Seminole County’s way of trying to get back the funds, and there were people in the House and Senate who were trying to help the County do this. She hopes they can continue to do this; and this would be the settlement, so to speak, for those funds basically. Ms. Lung commented that this was much more advantageous than the ones that remained in the system, who are getting their money back over a 20‑year period; Seminole County is trying to get theirs back a little quicker.
Commissioner Zembower stated what he is hearing is they may have lost $1 million that was there. With regard to the history of this, Ms. Guillet explained that they have received $2 million for their CAD project, which is a different project. They originally went in three years ago asking for $2 million for the CAD project and $2 million for the JAC project. In the first year, they got $1 million for both. Last year, they got $1 million for the CAD project but nothing for the JAC project. They were able to get the JAC million from two years ago extended, which really never happens, into this session so they could try and keep it alive. Regarding the $2 million for CAD, they are good. At the request of Commissioner Zembower, Ms. Guillet explained that JAC stands for the Juvenile Assessment Center and CAD stands for Computer‑Aided Dispatch system. Commissioner Zembower stated for the benefit of the public, they should make sure they understand what "they received" means. His interpretation of received means it is in their bank account. Ms. Guillet advised they have gotten approval. She does not know if they have gotten full reimbursement yet. Ms. Lung stated it is a reimbursable grant.
Chairman Carey explained that they got $2 million for the CAD project; it is a reimbursable grant. That money is there and that project is moving forward; and so, as they can apply to get those funds applied to it, they are doing that. Commissioner Zembower referred to the extension of the $1 million, which they may or may not get, and noted that means they don't have the money. Ms. Lung responded that no, they don't have the money. Ms. Guillet explained that the JAC project is a $3 million project. They knew they were going to be a million into it with their own money. They got $1 million two years ago. They were not prepared to move forward with that project not knowing if they were going to get another million and appropriate another million of their own money for it. What they have been trying to do when they did not get the money last year is keep that first million alive so they could continue to pursue that second million. Commissioner Zembower asked if the previous Board already made a decision; if they secure $2 million in total, has the Board decided to spend the million that is already allocated, their million. Ms. Guillet advised the Board has not taken formal action on that but that has been an understanding as they have moved forward and requested the appropriation last year, that they would need to put some of their own money into it.
Chairman Carey explained that the Board, especially in last year's budget and not knowing what would happen with the amendments, was not going to put an additional million dollars into a project when they didn't know whether they were getting the $2 million from the State. All along, it has been the intention of the Board to invest a million to combine the Juvenile Assessment Center with the Juvenile Detention Center because right now, it is operating as two separate facilities, which requires two sets of staff. If it was combined, they would have some savings. Commissioner Zembower wondered why the Board would not just make the decision that they were going to spend the $1 million so staff would know to go and get the $2 million. They would know it is in the hopper and in the pipeline; so when they get it, they can be done. Ms. Guillet stated that is how they are operating; they are assuming they are getting the million. Their problem is getting the Legislature to give them the other $2 million. Commissioner Zembower stated he understands that; but if it is contingent upon the County doing the project and this Board is not committed to finance the project, they are just chasing their tail.
Ms. Guillet advised that they have represented to the Legislature that the Board is committed to doing this project. Commissioner Lockhart pointed out that staff just said the Board had not committed the million dollars. Ms. Lung explained that they have not brought back plans. Ms. Guillet further explained that the Board has not done a budget amendment for it. The Board has indicated to staff in the last two years to go forth to the Legislature and represent that if the County gets the funding for this project, they will put up the rest of the money. They have not done a formal budget amendment for it. What they did not do with the first million was they did not start to spend that first million because they were not sure if they were going to get the second million. She is not sure that the Board was prepared to commit $2 million to the project.
Commissioner Zembower stated he understands but he also looks at it from the standpoint of tying up a million dollars’ worth of grant money that is allocated to them. Commissioner Lockhart requested clarification on that because she feels like they are interchangeably using the words "grant" and "appropriation," and she wants to be clear because they are two very different things. She asked whether this is a grant or a legislative appropriation. Ms. Guillet responded that it is sort of both. Commissioner Zembower stated it cannot be both. Ms. Guillet explained that it is a special appropriation but they treat the agreement like a grant; they reimburse the County like they would with a grant. She added that it is treated a little bit differently; they have to spend the money before they get the money back from them. It goes in the budget as an appropriation. They have to request it as a specific appropriation. Commissioner Dallari suggested that Ms. Guillet write down a timeline of all of the different idiosyncrasies of this and definitions of what the monies are to be used for and what all the financial commitments were intended for and are intended for.
Commissioner Zembower clarified that he thinks it is wasteful and inappropriate for them to focus on getting monies that they are not committed to spend themselves. He wondered why they would spend the time to get money if they have not decided that they are going to spend that money. The Commissioner stated he understands that they want these appropriations. They got the million, and now they had to get an extension. Now, they may have to get another extension. They are not sure whether they can do that or not for a $3 million project, but there might be another million dollars that is out there. If they get that other million and they get an extension on the first million, they will have $2 million; so this Board needs to be prepared to spend a million. He stated if not, why don't they concentrate their efforts on something else that they are prepared to pull the trigger on.
Ms. Guillet stated she will go back to the beginning and explain how they started down this road. They were owed $4 million that they may or may not get. The strategy that was advanced to them, by not only their legislative delegation but also their lobbyist, was to try and recoup that money through some special appropriations that are public safety. They wanted to make them public‑safety related so they were directly related to the DJJ issue. That is how they came up with these two projects. The projects were not projects that were necessarily near‑term projects on the County's books, but they had an opportunity to address them through these appropriations. That is how they have been working. It worked out terrifically on the Computer‑Aided Dispatch project. They ran into a snag last year with the JAC project. Ms. Guillet stated they are just trying to keep that project moving forward.
Commissioner Zembower stated he understands but at the end of day, call it what you want, they are owed $4 million and they are trying to get the appropriation. The Commissioner added that they have a million that they may or may not be able to extend; so at the end of the day, they may still be out $2 million of the $4 million that they are owed if they don't get the extension and the appropriation for the other million. Ms. Guillet stated if it looks like they are not going to get that second million, staff will have to have a discussion with the Commissioners as to whether or not they want to take the $1 million and put $2 million into this project. That will be a decision that the Board will need to make.
Chairman Carey suggested that if someone has not had a tour with the Sheriff of the Juvenile Assessment Center and the Juvenile Detention Center, they should take the opportunity to go out there and look at both of those operations. The Chairman talked about the condition of the prior facility and how the outcomes have been so much greater by having the Sheriff operate the Juvenile Detention Center. Chairman Carey stated she thinks they all agreed several years back that it was a worthy project to try and put the two together and expand the Juvenile Detention Center to accommodate the Juvenile Assessment Center because they would have a savings from the Sheriff's Office. Right now, he has got two different staffs operating in two different buildings in two different locations in the complex. Chairman Carey reiterated that she believes they should take the tour because they will probably have a discussion, if they don't get this funding, regarding whether the Commissioners are willing to invest that money to combine the facilities so they can operate more efficiently and have a better outcome for their children. She advised that in knowing the personalities, she thinks they would all agree with that, which is what the prior Board has agreed to.
Chairman Carey referred to Ms. Lung's discussions with their lobbyists and asked when she thinks the reports will start coming through. Weekly updates are what they have asked for. Ms. Lung stated that the session does not start for several months but committee weeks are starting. Chairman Carey summarized that the request from staff is to get authorization to request these appropriations. Ms. Lung added they need that so they can get sponsors and get them submitted as a bill. Commissioner Dallari reminded everyone that he has already made that motion.
Districts 1, 2, 3, 4 and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner Lockhart, second by Commissioner Dallari, to reappoint David Evans to the Agriculture Advisory Committee for a two‑year term and adopt appropriate Resolution #2019-R-12 for Jennifer Dane in appreciation of her service on the Planning and Zoning Commission.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Lockhart reported her attendance at the Central Florida Commission on Homelessness meeting and noted that the bulk of the discussion pertained to downtown Orlando and some of the panhandling issues they have. The Commissioner announced that she will be attending the Tourism Meeting next Thursday. She also announced several events that will be occurring in the next two weeks and talked about the Employee Wellness Challenge, which begins January 14.
Commissioner Lockhart stated there are two things that she would like to bring to the Board's attention and give the Commissioners an opportunity to think about and discuss, either now or at a later date. The Commissioner stated on February 1, Seminole County Public Schools will be naming its Teacher of the Year. She would like to see if the Board would consider doing a proclamation recognizing that teacher after they have been named. No objections were voiced.
Commissioner Lockhart explained that the other thing she would like to throw out as a possibility is at the School District they had a code they called a Code of Boardsmanship (received and filed) that each one of them chose to sign onto. It was a commitment of their decorum and how they would operate with one another and with their staff and with the public. Commissioner Lockhart stated she thought it might be an interesting opportunity for this Board to review. She distributed a sample and advised that it might be something the Board is interested in or maybe not at all or there might be tweaks to what was just a draft and a thought. Chairman Carey suggested Commissioner Lockhart give it to the County Manager and let her distribute it so everyone has an opportunity to look at it. Then, they can talk about it at a future meeting. Commissioner Lockhart advised that this is not something that she expected the Commissioners to make a decision on today but is just food for thought.
Commissioner Zembower thanked the staff and noted that as a new Commissioner, he is finding his way. He is very appreciative of the kindness and help that staff has afforded him in this short month and a half in trying to get settled in and moving forward. The Commissioner believes they have great employees and he is looking forward to working with those employees and fellow Commissioners.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Mark Wesson to the Contractor Examiners Board for a one-year term, Barbara Hildenbrand to the Library Board for a two-year term, and Cole Copertino to the Seminole County Industrial Development Authority (SCIDA) for a four-year term; to appoint Pasha Baker and Reid Hilliard to the Parks and Preservation Committee; to adopt appropriate Resolution #2019-R-13 for Michelle Ertel in appreciation of her service on the Planning and Zoning Commission; and to appoint Stephen Smith to serve the unexpired term on the Planning and Zoning Commission ending January 1, 2020.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to send a Letter of Appreciation (copy not received and filed) to Jay Zembower for his service as the MSBU Lake Picket liaison and appoint Scott Forest as the County’s representative liaison for the MSBU Lake Pickett.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Dallari stated he does not expect an update today but would like to have an update in the immediate future regarding Code Enforcement liens and the possibility of a period of amnesty. He would like to get a timeline for when the Board will be looking at that. In looking at those items, he was amazed on how many millions of dollars are on the books for liens that have not been collected and are ongoing.
Commissioner Dallari stated he was asked by the people of the Scottish Highland Games (January 19 to January 20) for a resolution. It was too late to put it on the agenda, but he brought a sample of what they were asking for and would like to have the Board review it. The Commissioner stated they have been doing this event for 17 years, and he would love to have the Commission authorize the Chairman to sign this and it can be presented to them at the Scottish Highland Games.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2019-R-14 recognizing the Scottish Highland Games.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Constantine congratulated the Budget Director, Tim Jecks, who, when going over the LYNX budget, pointed out an error in calculation of about $180,000 approximately. The Commissioner stated that Mr. Jecks pointed out the error to him, and as chairman, the Commissioner went back to LYNX and told them that they had made a mistake. They also found out they had done it for other counties also. That will be reflected in the County's appropriation back to LYNX; and they will be saving, not spending, that money.
Commissioner Dallari noted that a lot of the cities throughout the United States are actually going to electric buses. He would love to see if LYNX is going in that direction. Commissioner Constantine advised that the LYNX board has already discussed many alternative buses, with one of them being electric. There is obviously a cost associated with that, but the LYNX board has instructed staff to come back with a movement in that direction.
Commissioner Constantine referred to the last time they talked and were going over the lobbyists and noted that he asked about considering a lobbyist registration for Seminole County. The Commissioner would like to ask staff if they can look into what other counties are doing and bring back some recommendation.
Commissioner Constantine stated that every time they have people coming in who are concerned about a particular project that is in their area, they seem to always say they never saw notification. In talking to Ms. Hammock, he thinks they have a specific 300-foot recommendation. He added that quite frankly, one size doesn't always fit all projects. He stated he would like staff to look into that and bring back some alternative recommendations. It really does seem to him that probably in most cases 300 feet works, but there are a lot other situations that it may not. He thinks they should look into that possibility.
Commissioner Constantine stated he thinks it is an excellent idea that the staff look into an ordinance setting up a sidewalk fund. If a project is not conducive to a sidewalk where the code would require them to do it, there could be some sort of fund set up of like compensation that they could use in other areas. Chairman Carey stated that some places also have tree funds. She noted they have a long list of things. Commissioner Constantine suggested they can put three or four of those things together, but he believes that is a wonderful suggestion.
Chairman Carey announced that she has a list of things they are going to look at. She wondered if the majority of the Board is interested in looking at a lobbyist registration or seeing what others are doing in the area, which is what Commissioner Constantine requested. Commissioner Zembower responded that he does not think it hurts to see what others are doing if that is what staff is able to do. Commissioner Constantine added staff can bring back a recommendation on that. Chairman Carey asked whether the majority of the Board is in agreement to have staff poll everybody to see what they are doing in the surrounding areas. Commissioner Lockhart stated she has no problem with figuring out what is going on around the county. And then from that point, she is not sure if the County Manager even wants to make a recommendation. It may be that after they find out what others are doing, they may or may not want to do something. Ms. Guillet believes the first steps are for staff to let the Commissioners know what is happening out there and then the Commissioners can direct staff as to how they want them to deal with that.
Chairman Carey referred to the discussions earlier today and advised the items she has are to have them look at a list of acceptable materials for this architecture standard they keep putting into agreements and the possibility of a sidewalk fund. She would add a tree fund and then have them look at the fencing options that are allowed in the code. Ms. Guillet informed the Board that they have a tree fund and they can look at updating that.
Commissioner Zembower asked whether it is possible on the sidewalk and tree fund that, instead of designating a sidewalk or a tree, they could designate something like a "nonuse" or a catchall description. He suggested that maybe legal can speak to this or research it. Ms. Guillet replied that it would be tough. Chairman Carey advised they would have to use it for the purpose that it was intended and what it was related to.
Chairman Carey indicated that in addition to those things she listed, they also have the Code of Boardmanship that Commissioner Lockhart passed out that everyone is going to consider and then they can talk to the County Manager about. The last thing on her list is getting the resolution ready right away for the Scottish Highland Games. Commissioner Zembower reminded the Chairman that she also talked about reviewing wood fencing. Chairman Carey stated that is part of the architectural stuff.
Chairman Carey reported that the Airport Authority meeting was this morning and she was unable to attend. It is usually the first Tuesday of the month, but it got pushed out because of the holiday. She did get the president's report and reviewed that information for the Board. Regarding the Martin Luther King celebration on January 21, the Chairman announced various activities that will occur in Sanford on that day.
Chairman Carey discussed the Florida Association of Counties (FAC) and indicated to the new Board members that it is a great opportunity to have exposure to other county commissioners in the 67 counties. She then discussed FAC's Certified County Commissioner program and encouraged the new Board members to look into that program.
Chairman Carey advised they got a recommendation from the City of Sanford to appoint Commissioner Patrick Austin to serve as the largest city's representative on the TDC Board.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to appoint Sanford Commissioner Patrick Austin to the Tourist Development Council.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated they look to the Sheriff’s Office for a recommendation for a representative to serve on the Animal Control Board, and they recommended the Board reappoint Bob Hunter.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Bob Hunter to the Animal Control Board for a one-year term ending on January 1, 2020.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated they have a veterinarian who they look to appoint and the recommendation is to reappoint Dr. Stephen Wiseman.
Motion by Commissioner Zembower, seconded by Commissioner Constantine, to reappoint Dr. Stephen Wiseman to the Animal Control Board for a one-year term expiring January 1, 2020.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey pointed out that the School Board has two appointments to the Value Adjustment Board. They are submitting Kristine Kraus, as the School Board member. They also have a citizen appointment which will be made by the School Board at their January 22, 2019, meeting.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to ratify Kristine Kraus as the School Board’s member representative on the Value Adjustment Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey referred to the BCC appointment list that was passed out at the last meeting. The Chairman explained that she distributed a list this morning and then sent a revised list after lunch. This revised list takes into consideration all of the requests that they had and is as equally distributed as possible. She advised that the Chairman's appointments stood as presented in December and letters have been sent. Chairman Carey stated what is needed today is Board approval for the recommendations for Items #12 through #22.
Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve Items #12 through #22 with the exception of Items #16 and #21. With regard to Items #16 and #21, Commissioner Constantine will replace Commissioner Zembower on Item #16 (ECFRPC) and Commissioner Zembower will replace Commissioner Constantine on Item #21 (United Arts).
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Carey stated she will revise the finalized Seminole County BCC Liaison Appointments 2019 list (received and filed) and distribute it.
With regard to the BCC meeting schedule for the year, Chairman Carey advised that due to Memorial Day, they will only have one Board meeting in May and it will be May 14. Due to the 4th of July, the only July meeting will be on July 23. The Chairman referred to Labor Day and advised they may or may not have the first BCC meeting in September. She pointed out that, historically, the School Board has their first public hearing on the budget on the second Tuesday at night and the BCC has its on Wednesday. The final budget hearing will be September 24. The November meeting will be on the 12th and the December meeting will be on December 10.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM CHAIRMAN’S OFFICE
The following Communications and/or Reports were received from Chairman Carey’s Office and filed:
1. Letter dated December 7, 2018 to the Chairman from James Stansbury, Chief, Florida Department of Economic Opportunity RE: Seminole County Amendment #18-03ESR by Ordinance #2018-32. C: Rebecca Hammock; Hugh Harling, Jr., ECFRPC.
2. Copy of a letter and attachment dated December 13, 2018, to Chairman Carey from Luis Rodriguez, FEMA, RE: Letter of Map Revision based on Fill Determination Document. C: State/Commonwealth NFIP Coordinator; Community Map Repository; Region; Mr. Ryan Elijah.
3. Copy of a letter and attachment dated December 14, 2018, to Chairman Carey from Luis Rodriguez, Director, Engineering and Modeling Division, FEMA, RE: LOMR Case #19-04-0232A. C: State/Commonwealth NFIP Coordinator; Community Map Repository; Region; Mr. David Stokes.
4. Letter and attachment dated December 17, 2018, to Chairman Carey from Donna Garner, City of Casselberry City Clerk, RE: City of Casselberry Annexation Ordinance #18-1500. C: Members of the City Commission; City Manager; Community Development Department.
5. Copy of a letter dated December 18, 2018, from Chairman Carey to Shelley Lauten, Central Florida Commission on Homelessness, RE: BCC liaison appointment to Central Florida Commission on Homelessness. C: Board of County Commissioners; County Commission Records.
6. Copy of a letter dated December 18, 2018, from Chairman Carey to Bernard Johns, Seminole County Sheriff’s Office, RE: BCC liaison appointment to Juvenile Justice Advisory Board. C: Board of County Commissioners; County Commission Records.
7. Copy of a letter dated December 18, 2018, from Chairman Carey to Barbara Barbour, Oviedo City Clerk, RE: BCC liaison appointment to Mayors and Managers Board. C: Board of County Commissioners; County Commission Records.
8. Copy of a letter dated December 18, 2018, from Chairman Carey to Edward Johnson, LYNX, RE: BCC liaison appointment to Central Florida Regional Transportation Authority (LYNX) Board. C: Board of County Commissioners: County Commission Records.
9. Copy of a letter dated December 18, 2018, from Chairman Carey to Jennifer Jenkins, Seminole County Sheriff’s Office, RE: BCC liaison appointment to the Seminole Community Alliance Board. C: Board of County Commissioners; County Commission Records.
10. Copy of a letter dated December 18, 2018, from Chairman Carey to Pam Nabors, CareerSource Central Florida, RE: BCC liaison appointment to the CareerSource Central Florida. C: Board of County Commissioners; County Commission Records.
11. Copy of a letter dated December 18, 2018, from Chairman Carey to Diane Crews, Orlando-Sanford International Airport, RE: BCC liaison appointment to Orlando-Sanford International Airport Authority. C: Board of County Commissioners; County Commission Records.
12. Copy of a letter dated December 18, 2018, from Chairman Carey to Gary Huttman, MetroPlan Orlando, RE: BCC liaison appointment to MetroPlan Orlando Board. C: Board of County Commissioners; County Commission Records.
13. Copy of a letter dated December 18, 2018, from Chairman Carey to Tim Giuliani, Orlando Economic Partnership, RE: BCC liaison to the Orlando Economic Partnership Board. C: Board of County Commissioners; County Commission Records.
14. Copy of a letter dated December 19, 2018, from Chairman Carey to Karla Mendoza, Seminole Sheriff’s Office, RE: BCC liaison appointment to the Public Safety Coordinating Council. C: Board of County Commissioners; County Commission Records.
15. Copy of letter dated December 26, 2018, from Chairman Carey to Sarah Reece, Altamonte Springs City Commissioner, RE: her appointment to the Tourist Development Council. C: Board of County Commissioners; County Commission Records; Tricia Johnson.
16. Copy of a letter dated December 26, 2018, from Chairman Carey to Thomas Greene RE: his appointment to the Law Library. C: Board of County Commissioners; County Commission Records; Terri Fish, Law Library.
17. Letter dated December 26, 2018, to Chairman Carey from James Stansbury, Florida Department of Economic Opportunity, RE: comprehensive plan amendment no. 18-01ESR. C: Rebecca Hammock; Hugh Harling, ECFRPC.
COUNTY MANAGER’S REPORT
Upon inquiry by Chairman Carey, Ms. Guillet stated she will do an update on Midway at the next meeting in the morning. The Chairman pointed out that there are people from Midway who are here and have questions. She suggested that Ms. Guillet provide them with an update since they have come here today and Ms. Guillet agreed to do that.
Upon inquiry by Commissioner Lockhart about the scheduling of work sessions, Chairman Carey explained how they will be scheduling those throughout the year. She noted she works with the County Manager and they try to tie in workshops with Board days, because the Commissioners are here anyway, and have them in the morning or the afternoon.
Commissioner Zembower noted that they have talked about a lot of different workshops and he realizes that he and Commissioner Lockhart are new to the Board and not accustomed to the way that things have been done perhaps in the past. It seems to him that it would benefit them as a decision-making body to have some kind of workshop to put a list of priorities together. He thinks it is important that they identify a single work session that is strictly for putting their priorities together. Ms. Guillet announced that at the next Board meeting they have work sessions scheduled in the morning and in the afternoon for the Transportation Master Plan and the Stormwater Master Plan because the Board requested that. She stated that she and Steve Fussell will be working to put together a work session so they can get some priorities set as they start moving forward with the budget. She believes it would be very helpful to staff to have this Board have a concise list of their collected priorities.
Chairman Carey stated that sometimes when there are new Board members, it is almost a little more interesting to have a retreat at one of their parks in an informal setting so the new members can hear what already has been prioritized. Commissioner Zembower stated he believes that is a great idea. Ms. Guillet advised they would love to have the Commissioners available for half a day. Discussion ensued with regard to a retreat. Chairman Carey stated if the Commissioners like the idea of a retreat at one of their parks, she will work with the County Manager about dates and an agenda. They will circulate the agenda in advance so if there is something that a Commissioner wants to talk about that is not on the agenda, they will have an opportunity to give input. With regard to workshop material, the Chairman stressed that it is nice to have the information before the workshop so they can look at it.
With regard to priorities, Commissioner Zembower suggested maybe they could have a list of priorities from the previous Boards that were never obtained or never came to fruition or are still out there. Chairman Carey stated sometimes they have to do things over multiple years. They now have a five-year plan for most of their departments and for all of their major departments so the Commissioners know what is coming. Those five-year plans got developed based on priorities from the Board. Chairman Carey suggested they could get a list of the outstanding projects that are in the next couple of years that are being worked on that are from the prior Boards. They could get things that are of interest to the new Board, talk about things that staff thinks are important, and talk about things that the Commissioners think are important. Commissioner Lockhart suggested each of them could go ahead and submit a few items. Chairman Carey stated she would probably like to do the retreat in the spring and suggested that each Commissioner go ahead and start that conversation with the County Manager about things they want to see on the agenda. She stated that by February 1, they could have the agenda circulated so that everyone can see what is now on the list. Discussion ensued regarding the time frame for the retreat.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:00 p.m., this same date.