BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
February 12, 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, February
12, 2019, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Clerk of Court &
Comptroller Grant Maloy
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy Clerk Chariti Colón
Reverend
Jody Mask, Markham Woods Presbyterian Church, Lake Mary, gave the Invocation. Commissioner Zembower led the Pledge of
Allegiance.
Commissioner Constantine and Clerk Maloy
entered the meeting at this time.
BUSINESS SPOTLIGHT
The
Business Spotlight video for ECPI
University was presented.
AWARDS AND PRESENTATIONS
Agenda
Item #1 – 2019–1186
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to
approve a Proclamation recognizing Commander Ralph S. Feeback, United States
Navy, Retired, as Seminole County's January Veteran of the Month.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commander Feeback addressed the Board to express his
appreciation.
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Agenda
Item #2 – 2019-1187
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to
approve a Proclamation proclaiming February 2019 as Black History Month in
Seminole County.
Districts 1, 2, 3, 4 and 5 voted AYE.
Melvin Philpot, Chairman of the City of Sanford Dr. Martin
Luther King Jr. Celebration Steering Committee, addressed the Board to express
his appreciation.
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Agenda
Item #3 – 2019-1202
Motion by Commissioner Constantine, seconded by Commissioner Dallari,
to adopt appropriate Resolution #2019-R-19
recognizing Nancy Lodge, Staff Assistant, for 26 years of service to Seminole
County Government and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Lodge addressed the Board to express her appreciation.
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Agenda
Item #4 – 2019-1201
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to
adopt appropriate Resolution #2019-R-20
recognizing Debbie Selsor, Senior Financial Analyst, for 27 years of service to
Seminole County Government and its citizens.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Selsor addressed the Board to express her appreciation.
COUNTY MANAGER’S CONSENT AGENDA
County Manager Nicole Guillet
announced Item #6, Neighborhood Stabilization Program Snapshot/Report and HOME
Program Activity Report, is being pulled and staff will bring it back at a
later date.
Commissioner Dallari requested that
Item #7, Service Funding Agreement with LYNX, be pulled for a separate discussion.
Chairman Carey requested that Item #8, First Amendment to the Landfill
Gas Purchase Agreement, 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 Zembower,
seconded by Commissioner Lockhart, to authorize and approve the following:
County
Manager’s Office
Addressing
5. Approve and authorize
the Chairman to execute appropriate Resolution #2019-R-21 to name an Unnamed
Right-Of-Way to Cherry Laurel Drive. (2019-1181)
Community Services
Business Office
6. Pulled from Agenda the
request to 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 December, 2018. (2019-1192)
Development Services
Planning and Development
7. Pulled for a separate discussion.
Environmental Services
Solid Waste Management
8. Pulled for a separate discussion.
Utilities Engineering
9. Approve
and authorize the Chairman to execute an Encroachment Agreement with the
Florida Gas Transmission Company, LLC to authorize the County to install
utilities across gas easements in conjunction with the construction of the
Wekiva Parkway, Section 7A. (2019-1199)
Resource Management
Budget
10. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-22 implementing Budget Amendment Request (BAR)
#19-028 through a purchase order allocation from the Florida Department of
Health to provide domestic mosquito control for Zika Virus in the amount of
$52,000. (2019-1183)
11. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-23 implementing Budget Amendment Request (BAR)
#19-030 to establish budget in the amount of $73,367 for the EMS Trust Grant
awarded in December 2018. (2019-1180)
12. Approve submittal of an application to the
Florida Department of Environmental Protection Land and Water Conservation Fund
Grant requesting up to $200,000; and authorize the County Manager to execute
any documents associated with the grant application. (2019-1185)
Purchasing and Contracts
13. Award CC-2228-18/TAD, Construction Services
Agreement, Hanover Woods and Meredith Manor Water Treatment Plant Demolition,
in the amount of $129,790 to D.W. Zinser Company,
Inc., Walford, Iowa; and authorize the Purchasing and Contracts Division to
execute the Agreement. (2019-1176)
14. Award M-602776-17/TLR, Canoe and Kayak Rental
Services Agreement, to Adventures in Florida LLC, Orlando; and authorize the
Purchasing and Contracts Division to execute the Agreement. (2019-1168)
Risk Management
15. Approve proposed settlement in Juan Barrio
v. Seminole County, Florida, Case No. 2017-CA-002556-08-L, Eighteenth
Judicial Circuit Court in and for Seminole County, for $165,000; and authorize
staff and counsel to execute all necessary settlement documents. (2019-1182)
Districts 1, 2, 3, 4 and 5 voted AYE.
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Agenda
Item #7 – 2019-1047
In regard to the
request to approve the Fiscal Year 2018/2019 Service Funding Agreement with
Central Florida Regional Transportation Authority, Commissioner Dallari stated
he would like to see this year's or last year's quarterly reports and the
external audit because he hasn't been able to find them and receiving the
reports is a part of their contract.
Bill Wharton, Planning and Development, stated that he used to receive
the quarterly reports directly from LYNX, and the last one he received was in
2017. Commissioner Dallari stated he would
like to understand more about what is happening with LYNX, and he would like to
know how many Seminole County passengers are using LYNX per day. He commented that maybe the County should
look at using Uber instead of LYNX because they can do about 1,500 rides a day with
Uber with the amount of money they are talking about.
Commissioner
Constantine, who also serves as Chairman on LYNX'S Board of Directors,
requested that Bert Francis, Chief Financial Officer for LYNX, address the
Board. Mr. Francis stated that LYNX had
some changeover in staff, and they are reinstituting the quarterly reports and
will be getting them to the Board by the end of the week. Commissioner Dallari inquired about the
external audit. Mr. Francis explained
that the external audit has not been completed.
LYNX discussed their audit plan at their last meeting, and their CAFR
will be presented at their next meeting; after which, they will share it with
the Board. Commissioner Dallari
requested last year's external audit, and Mr. Francis stated they would forward
that.
A discussion ensued
regarding Uber and Lyft in which Commissioner Dallari stated it is around $7
million, assuming $12 per ride and almost 1,500 rides per day. He questioned how many rides LYNX is doing in
Seminole County right now. Mr. Francis
responded that it is probably over a million and a half total trips per
year. Chairman Carey asked Mr. Francis
how a trip is counted. If someone is
going from Point A to Point B and then transferring to another bus to get to
Point C, is that counted as two trips, which Mr. Francis responded it is
considered multiple trips. Chairman
Carey stated they needed to make sure they understand how the trips are
counted. Commissioner Dallari responded
that is the reason he wants to see the quarterly reports and the external
audits. He understands transit is
extremely needed, but they have to do it as cost-effective as they can. Mr. Francis stated they will send the
quarterly reports later today and the Fiscal Year 2018 as soon as it is
completed.
Mr. Francis stated they
would also be happy to do a detailed briefing to any of the new commissioners
on the history. Commissioner Dallari
commented they used to have annual briefings and they did not last year. Chairman Carey mentioned they had one at
budget time, which Commissioner Dallari responded there used to be another
presentation; and Chairman Carey confirmed it was an annual presentation to
update everybody. Chairman Carey stated
that Commissioner Constantine will be able to give reports of anything that has
come up or is happening since he is the chairman of LYNX again this year. She added that they have the commitment to
get the quarterly reports, last year's audit, and this year's audit as soon as
it comes out.
Chairman Carey
discussed how they have tried for years to figure out how to provide quality
paratransit service at a reasonable rate for residents in need and that is
probably the biggest driver of increases to the system. She inquired of Mr. Francis what LYNX is
doing to address that, who the current paratransit provider is, and have they
thought about other options. She knows
there are some rules for paratransit concerning certain kinds of vehicles and
those type of things, but a lot of the trips are for doctor visits or dialysis for
someone who could walk out and get into a car.
She questioned if Uber or other options could be used for that instead
using paratransit vans.
Mr. Francis stated that
one of LYNX's biggest drivers are the paratransit costs. Last year, they took a couple of different
steps to try to curb that cost increase.
They renegotiated their contract with MV Transportation, who currently
provides the largest bulk of the paratransit trips. It was on a per-service-hour basis but is now
a fixed-price fee for 37,000 trips a month.
LYNX currently delivers about 55,000 trips a month, so they have
gravitated towards getting contracts with other transportation network
providers, such as Owl and Mears Transportation, and they are using Lyft to
some extent to try to curb those costs.
LYNX is qualifying about ten new applicants per day for paratransit
activity, and they are seeing a continued increase instead of decrease. It is not just new people, but there are
people that are currently on the system who are taking more trips. He commented that 40% to 50% of the trips are
medically necessary trips and another 10% or 20% are work related.
Chairman Carey recalled
a number of years ago almost all of the buses had been established to be
articulating buses so that people with disabilities could easily get onto the
buses. Back in the early 2000s, there
was a time when they had a training program for disadvantaged travelers to show
them how they could become more mobile by using other options besides
paratransit, and they had a lot of positive feedback. She inquired of Mr. Francis if there had been
any recent training or if they had thought about going back out to the
traveling community to talk about other options besides just picking up the
phone and calling paratransit. Mr.
Francis responded that they have done that, and that's why they have tried to
embrace other options that ambulatory people can use such as Lyft or Uber. They are moving about 800 trips a month just
to Lyft alone. Uber hasn't been as quick
to sign up. Mr. Francis explained that one
of the challenges LYNX is having with some of the people that are wheelchair
bound is that the carriers can carry a standard wheelchair but not the
oversized wheelchairs, so they have tagged those riders to go to MV Transportation. Where they can, they are trying to move
ambulatory people to other means that are more cost-effective.
Commissioner Zembower
inquired about LYNX's financial soundness today. Mr. Francis replied that LYNX will always
have a challenge until they get a dedicated funding source, which they do not
currently have. They rely heavily on the
funding partners to fund the balance of LYNX.
In regards to LYNX's organization overall, Commissioner Zembower queried
further about it financially and asked for some numbers. Mr. Francis replied that the total budget is
about $142 million. They get around $70
million of that from federal, state, and other sources; and then they look to
the funding partners for the balance of that, which is about $70 million. That is broken up between Orange, Seminole,
and Osceola Counties as the primary funding partners.
Commissioner Zembower
asked if they were operating in the black or the red, which Mr. Francis
responded that they were in the red in the last couple of years and they had to
dip into reserves to balance the budget.
In the last three years, they have budgeted to use about $15 million of
reserves. Commissioner Zembower inquired
why, and Mr. Francis explained that they have had excess reserves that could be
used to balance the budget so the boards have said to use the reserves now to a
certain level. They have had other ways
to use their preventative maintenance dollars, so they have tried to curb the
increase to the funding partners by using what revenues they had to offset
those increases.
Commissioner Zembower
questioned what their forecast is moving forward for the next three years. Mr. Francis responded that they will probably
continue to have increases to the funding partners until they find another
source of revenue. Their revenues have
been relatively flat. As activity
continues to increase, especially in the paratransit area, they have had to
find other ways to balance that budget.
One way is the funding partner contribution, and they have also tried to
increase their investment returns. They
were generating about $40,000 or $50,000 a year in investment returns. They are now almost at a million dollars a
year. They have enhanced advertising on
the buses, and they have done everything they can on the sources they
have. Ridership has been pretty stagnant,
if not decreasing, so they have a mixed bag of things happening to them.
Commissioner Zembower
asked for information regarding LYNX's overhead costs in the last three
years. Mr. Francis stated they have been
somewhat fixed. They had a union
contract that was in discussion for the last couple of years which has
concluded, so there are some union increases.
The increases in expenses have been around an average of 2% or 3% a year
and are now between an average of 4% and 5% with the union contract salary
increases and step increases.
Commissioner Zembower
expressed his concern regarding things not being utilized that LYNX has
invested in, such as very expensive simulation machines for training
drivers. He stated he has some serious
questions about management and oversight, and he relies on Commissioner
Constantine, who sits on that board, for information about where they need to
be with this LYNX project.
Commissioner Dallari
commented that the County tries to keep a minimum of 20% in reserves. He asked Mr. Francis what LYNX's policy was
and what the reserves were percentagewise relating to the operational
budget. Mr. Francis responded that they
try to keep a 45-day reserve of about $36 million plus some other statutory
requirements which averages to about 36%.
Commissioner Dallari stated that the County does not spend their
reserves and asked what LYNX's actual reserves were. Mr. Francis replied that they do not have a
rainy day fund like the County does.
They have set aside funds for fuel stabilization, et cetera; but all of
those are combined in their current cash pool which is about $35 million, and
they can use those for all of those type of activities.
Commissioner
Constantine stated he thinks they have all seen some things in the newspaper
recently which he was going to address today.
In regards to the increase in paratransit, he stated it is just like
health and human services in any budget in that it has gone up. Almost 30% of the whole state budget is now
health and human services. At the last
two LYNX board meetings, he and Commissioner Janer of Osceola County have gone
on a fact-finding mission asking for information because they were not getting answers.
Commissioner
Constantine stated that LYNX does run differently than the County. They are not holding back a rainy day fund
because more than half of their money comes in from federal and state
government and they are working on a different model of 45 days. LYNX has had concerns on cost increase and
the reduction of ridership. He stated
there has been a 7% reduction of ridership over the last three years and
summarized his opinion of why that has occurred. Commissioner Constantine mentioned the board
is made up of the mayor of Orlando, the mayor of Orange County, an Osceola
County Commissioner, a representative from
DOT District 5, and himself; and they have put LYNX staff on record that
there needs to be a number of changes. Commissioner
Constantine stated that he has been there for two years, and he thinks LYNX has
gone on with business as usual for a while.
While he is not suggesting that there was anything necessarily wrong,
they just need a look at some of the internal actions and the business model
itself.
Commissioner
Constantine commented that the increase of $81,000 to a total request of
$7,234,000 is a .001% increase on this funding agreement from last year. Seminole County provides about 10% of the
money that comes in from the funding partners.
As the board goes through the process to improve the financial situation
of LYNX, they are being very careful to not put undue pressure on their
partners. He added that he shares the
concerns that some of the Board has indicated, and he thinks they are going to
see some improvements.
Chairman Carey stated
that they select the routes that they want to run in the county and pay for
them by the mile. She mentioned that she
thinks the routes for service should be reviewed since they have not been looked
at in a long time. She inquired of
Commissioner Constantine if they are only paying for the paratransit trips that
are occurring in the county, which Commissioner Constantine confirmed that they
are. Chairman Carey stated she would
encourage Commissioner Constantine, as the representative on LYNX's board, to
talk about reaching out to the traveling public, particularly those that use
paratransit. She opined that millennials
today don't necessarily use this kind of transportation and so it is a lot of
the seniors and working class folks that are actually traveling on the LYNX system. She thinks the more they can educate on
options the better they can control costs.
Chairman Carey stated they probably need to have some additional
discussions before getting to budget on this for next year because it's her
understanding that the increases coming in the future will be significant and
they will need to determine how they want to continue to be a party to LYNX and
also the paratransit issue.
Commissioner Dallari
inquired if this was time sensitive. Mr.
Francis responded that it has already been approved by LYNX's board. The existing contract says that if the Board
doesn't approve this one, they will just continue to be billed at the old rate
until it is approved. Commissioner
Dallari stated he would like to continue this to the next meeting so they can
get the quarterly reports and last year's audit, and it doesn't sound like
waiting two weeks is going to be a hindrance to LYNX. Mr. Francis confirmed it would not, and they
will continue to bill and service just as it is under the old contract
Commissioner Zembower
stated that if they are going to continue to be billed under the old contract,
he doesn't know that delaying benefits them anything for this year since the
increase is so minute. He stated he is
no fan of this program from a financial, business standpoint. He understands it is a needed transit system,
but he thinks they have to look long term on a better model. In the interim, if they are going to be
billed under the old contract and that is what the contract calls for, then he
sees no need to "kick it down the road" for another two weeks. Commissioner Dallari stated he just wants to
make sure they get at least last year's audit and the quarterly reports. Chairman Carey responded that if they don't
get the audits, then they would suspend payment until they do get them. Commissioner Lockhart inquired at what point
in time the County Attorney or staff would recommend that they stop
payment. She added that LYNX has already
not complied with the contract and questioned how long do they let it go. Bryant Applegate, County Attorney, responded
that there is a termination for convenience clause in the contract so the Board
can decide at any time that they either want to cancel the agreement or go back
to the table and do a new agreement.
Commissioner Lockhart stated that obviously there are people in the
community who rely on the service heavily so it wouldn't benefit the citizens
to pull the rug out from under them, but she thinks they need to have in mind
how long they are willing to wait.
Chairman Carey stated
that there needs to be some discussion between now and the budget discussions
about how they are going to provide a regional bus transportation system and
paratransit system to residents. Pulling
the rug out from underneath them certainly wouldn't be fair or smart on any
part. She reminded the Board that this
is the 2018/2019 service funding agreement.
She is confident that they will be provided the documents that are
committed to in the agreement, and they'll get distributed to all the
commission offices. She agrees with
Commissioner Zembower that, knowing they have those items coming and knowing
that they have the ability to terminate for convenience, this is probably the
right way to go.
Commissioner
Constantine stated that he and Mr. Francis understand the concerns. He is also concerned because he thought that
LYNX was providing those things and he was told that they were. Commissioner Dallari inquired of Commissioner
Constantine when he was told that they were provided, which Commissioner Constantine
responded that he thought that they were providing it as they went along and it
was being given to staff. He inquired of
Mr. Francis if they will be provided within the week, which Mr. Francis
confirmed they would. Ms. Guillet stated
that she would talk with Mr. Wharton about a system to make sure that all of
LYNX's obligations are being met and that staff is more vigilant in monitoring them.
Chairman Carey stated
she believes the County Manager should direct her staff to look at other
options so the Board can have some meaningful conversation about what options
there are because this has always been the only option for providing public
transportation as part of a regional issue.
It has always been a challenge, and paratransit has always been the
biggest issue since LYNX's inception. Commissioner
Constantine stated that the concerns being addressed today are the same
concerns that were being addressed 25 years ago in one form or another. He added that until there is a dedicated
funding source, they are not going to be able to have a first-class transit
system in Central Florida. That
dedicated funding source has to come from Orange County and Orlando because
they are the biggest users, and he thinks there is starting to be a realization
of that. Chairman Carey stated that,
outside of paratransit, they are paying for their routes for what they get, so
they are the ones that determine what those are based on the demand from the
citizens. Commissioner Constantine added
that if they want to change that, they can and then their payment would be
different. He cautioned, however, that
every time they change it, there might be unintended consequences with citizens
that are using that service.
In regards to the
direction to ask the County Manager and her staff to look at alternative
options, Commissioner Lockhart stated that it's hard to determine ridership with
the way that the data has been presented in an hourly rate and how trips are
counted with transfers. She thinks part
of the challenge that the County Manager is going to have is getting the data
from LYNX to be able to do a comparative analysis with something like Uber or
Lyft. Chairman Carey stated they can
provide the ridership numbers. She
stated, in her mind, the contract manager's responsibility is to monitor what
the ridership is and to find out if there is another option that they could do
to remove that bus route if it is a small amount of ridership. She stated she thinks they can determine if
there's a better way financially for them to "crack the nut" if they
look at the ridership numbers and routes.
Commissioner Dallari
commented that he is voting for this on the understanding that they are
receiving the documents within the week.
Motion by Commissioner Zembower, seconded by Commissioner
Lockhart, to approve and authorize the Chairman to execute the Fiscal Year
2018/2019 Service Funding Agreement by and between Seminole County, Florida,
and the Central Florida Regional Transportation Authority (LYNX). (2019-1047)
Districts 1, 2, 3, 4
and 5 voted AYE.
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Agenda
Item #8 – 2019-1203
In regard to the
request to approve the First Amendment to Landfill Gas Purchase Agreement with
Seminole Energy, LLC, Chairman Carey stated she pulled this item because in the
backup it says they are correcting a language issue on the calculation and the
price per BTU is going down from 25 cents to 8 cents, and she requested
clarification. Jeff Waters, Division
Manager for Solid Waste Management, responded that the price was based on the
avoided cost, which is a number that was provided by the State of Florida and that
they came to terms with, with the developer in the contract. Chairman Carey stated that the only thing in
the agenda item was the amendment, and it's very difficult to understand it
without having the contract included.
She noted that the original contract was in 2006 and the County built
the infrastructure for capturing the gas.
She requested Mr. Waters talk about the system and clarify what is going
on.
Mr. Waters explained
that the gas-to-energy plant is one component of the overall landfill gas
collection system at the landfill. It
primarily serves as an EPA requirement to manage the gas. They have a Title V Air Management Permit,
and this is one component of that. Prior
to the gas-to-energy plant, they would collect the gas, send it to flares, and
burn the gas to manage it. Now they
collect it and send it to the gas-to-energy plant to turn the methane portion
of the landfill gas into energy, which meets EPA requirements and also counts
towards the County's recycling credits that are reported to the State
annually. The flares are still
maintained as a backup system to the gas-to-energy plant. Chairman Carey stated it is methane gas and
the rate is going from 25 cents to 8 cents per BTU, which Mr. Waters confirmed
and added that there is a CPI annual adjustment as well. He added that the plant also pays monthly for
rights to the gas, rights to utilize the backup flare system, and other
additional components. Chairman Carey
inquired if the cost of the power that is converted from gas has also gone
down, which Mr. Waters stated it has from his understanding.
Commissioner Lockhart
inquired if the rate or value for the commodity is set by an outside
party. Mr. Waters responded that it is
not. They went to an outside party to
come to terms with the agreement.
Commissioner Lockhart questioned if they compared that rate with other
rates and how they compared. Mr. Waters
responded that he looked at some surrounding counties, and they are in the same
price range as those other counties for the landfill gas. He added that other contracts also take into
account the price of diesel, and theirs looks strictly at the natural gas
component.
Commissioner Zembower
questioned if they are utilizing any of the natural gas for the County's
benefit or purpose on site at the landfill.
Mr. Waters responded that they are not and that 100% of the gas goes to
the gas-to-energy plant, which is an outside developer. They convert it to energy and it's put onto
the grid. Commissioner Zembower stated
he would like to revisit the contract from 2006 since it is 13 years old. He mentioned that there are entities that can
take over landfill operations on behalf of municipalities and convert them
completely over to natural gas so the citizens are gaining the benefit of that
byproduct and offsetting costs. That is
something he thinks they may want to look at long term and see what viability
it has.
Commissioner Dallari
questioned if it is natural gas or methane gas.
Mr. Waters replied it is comprised 50% of methane, and they use the
price of natural gas to set the price of the methane that comes from landfill gas.
Commissioner Dallari stated that methane
has a different BTU contact than natural gas, which Mr. Waters confirmed.
Chairman Carey
commented that it looks like the only termination provisions in the original
contract are for failure of the developer to do certain things, and there is
not a termination for convenience. Mr.
Applegate responded that he would have to look at it. Chairman Carey stated she did not know if
this is time sensitive. She would like
to continue it until the next meeting so they can get the contract circulated
and give the County Attorney an opportunity to look at it. She added that she thinks this is something
that needs to be put on their list of things to look at because technology has
changed. She recalled that they went
into this because they were required to capture or dispose of the methane gas
that was coming out of the landfill by the EPA, and this was an opportunity to
capture it and sell it, so the County paid for the infrastructure. Commissioner Dallari responded that the County
paid for both the infrastructure of the gas collection system that is in the
landfill and the infrastructure of the power plant.
Chairman Carey
recommended a motion to continue and asked the County Manager if it needed to
be continued to the next meeting or to the first meeting in March, which Ms.
Guillet stated it did not need to be date certain.
Motion by Commissioner Dallari, seconded by
Commissioner Zembower, to continue the request to approve and authorize the
Chairman to execute the First Amendment to Landfill Gas Purchase Agreement with
Seminole Energy, LLC, to implement the 10-year rate adjustment for the purchase
price of the landfill gas as required by the Agreement. (2019-1203)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT
AGENDA
Clerk
& Comptroller’s Office
Motion by Commissioner
Constantine, seconded by Commissioner Dallari, to approve the following:
16. Approve
Expenditure Approval Lists dated January 7, 14, and 22, 2019; and Payroll
Approval Lists dated January 10 and 24, 2019. (2019-1197)
Districts 1, 2,
3, 4 and 5 voted AYE.
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The
Board noted, for information only, the following Clerk & Comptroller’s
“Received and Filed”:
1.
Letters from Chairman Carey to
various committees regarding Board Liaison Appointments.
2.
Florida Public Service Commission
Consummating Order #PSC-2019-0026-CO-EI, Petition for 12-month extension of
voluntary solar partnership rider and program, Florida Power & Light
Company; Docket #20180160-EI, Issued January 11, 2019.
3.
Letter dated January 21, 2019, from
John R. Stokes and L. Thomas Giblin with Nabors, Giblin & Nickerson Law
Firm, to County Manager Nicole Guillet, County Attorney Bryant Applegate, and
Director of the Comptroller’s Office Jenny Spencer, CPA, regarding required
notification that John R. Stokes is departing the firm and the representation
of Seminole County; and an email dated January 23, 2019, from John R. Stokes
regarding same.
4.
Transcript from the BCC’s Closed
Session held on September 11, 2018, regarding two Public Private Partnership
proposals Seminole County received in response to Request for Proposals
(SCP3-0001-19) entitled Consolidation and Redevelopment of the Five Points
Government Complex.
5.
2018-2019 ESG Subrecipient Agreement
with Recovery House of Central Florida, Inc.; One-Year Action Plan approved by
the BCC on July 24, 2018.
6.
2018-2019 ESG Subrecipient Agreement
with Rescue Outreach Mission of Central Florida, Inc.; One-Year Action Plan
approved by the BCC on July 24, 2018.
7.
2018-2019 CDBG Subrecipient
Agreement with Kathleen Anderson Comprehensive Work Center d/b/a Inspire of
Central Florida; One-Year Action Plan approved by the BCC on July 24, 2018.
8.
2018-2019 HOME Program Agreement
with Habitat for Humanity of Seminole County and Greater Apopka, Florida, Inc.;
One-Year Action Plan approved by the BCC on July 24, 2018.
9.
2018-2019 CDBG Program Subrecipient
Agreement with Seniors First, Inc. (Personal Care and Homemaking); One-Year
Action Plan approved by the BCC on July 24, 2018.
10.
2018-2019 CDBG Program Subrecipient
Agreement with Seniors First, Inc. (Companionship & Respite); One-Year
Action Plan approved by the BCC on July 24, 2018.
11.
2018-2019 Community Services Funding
Agreement with Rescue Outreach Mission of Central Florida, Inc.; as approved by
the BCC on August 14, 2018.
12.
2018-2019 Community Services Funding
Agreement with Recovery House of Central Florida, Inc.; as approved by the BCC
on August 14, 2018.
13.
Maintenance Bond #76170937 (ROW
Utilization Permit- Streets, Curbs, Storm Drains) in the amount of #2,965 for
the Promenade at Tuskawilla; Tuskawilla Park SC., Ltd.
14.
Maintenance Bond #SUR0028192 (Water
and Sewer Facilities) in the amount of $95,511.53 with a Penalty Rider increase
to $160,743.84, for Hawk’s Crest Phase 1; Meritage Homes of Florida, Inc.
15.
Maintenance Bond #SUR0053386
(Streets, Curbs, Storm Drains) in the amount of $405,574.44 for Riverbend at
Cameron Heights a/k/a Cameron Heights-Public; D.R. Horton, Inc.
16.
Developer’s Commitment Agreement
#17-20500035 and Development Order #18-20500040, Addendum 1 to RLH Construction
Office PD; Property 426 LLC.
17.
Developer’s Commitment Agreement
#18-20500030, Cameron Heights Village D; Sona & Ara Manjikian.
18.
Developer’s Commitment Agreement
#18-20500015, Cameron Heights Village J; Seminole2 Investment, LLC.
19.
Development Order #19-30000012,
Administrative Variance, 2384 Wildwood Trail; Anthony & Melinda Rizzo.
20.
Bill of Sale accepting water and
sewer systems for the project known as Hawks Crest Phase 1.
21.
Conditional Utility Agreement for
water and wastewater services with JTD Land at Evergreen, LLC for the project
known as Evergreen Estates.
22.
Tourist Tax Funding Agreement with
Florida PGF LLC for the 2019 Gold Cup #1.
23.
Tourist Tax Funding Agreement with
Florida Half Century Amateur Softball Association, Inc. for the February 60s
Senior Softball Tournament.
24.
Tourist Tax Funding Agreement with
Nations Baseball, LLC d/b/a Greater USSSA Baseball for the January Tournaments.
25.
Parks Contract for Services with
Brock Ferrari; Jason Hernandez; Francis Gallery; Randy Lee; Ronald Moyer, Jr.;
Leonard Perez; Richard Scott Allen, Jr.; and John Fiorenza; and Tennis
Developmental Instructor Agreement with Brock Ferrari.
26.
Closeout to Work Order #2 to
PS-0009-15 with Fitzgerald Construction, Inc.
27.
Amendment #1 to Work Order #33 to
PS-0009-15 with Pegasus Engineering, Inc.
28.
Work Order #6 to PS-1320-17 with
Wood Environment & Infrastructure Solutions, Inc.
29.
Work Order #7 to PS-1320-17 with Wood
Environment & Infrastructure Solutions, Inc.
30.
Work Order #2 to PS-1709-18 with
Wood Environment & Infrastructure Solutions, Inc.
31.
Work Order #5 to PS-1832-18 with
Tierra, Inc.
32.
Amendment #2 to Work Order #86 to
PS-4388-09 with HNTB Corporation.
33.
Closeout to Work Order #14 to
CC-9184-13 with Central Florida Environmental Corp.
34.
Change Orders #2 and #3 to Work
Order #15 to CC-9184-13 with Affordable Development.
35.
Third Amendment to RFP-601670-13
with Todd M. Husty, D.O.
36.
Sixth Amendment to IFB-601852-13 with
Adapco, LLC.
37.
First Amendment to RFP-602127-14
with Maxim Healthcare Services, Inc. d/b/a Maxim Health Services.
38.
First Amendment to IFB-602367-15
with Municipal Equipment Company, LLC.
39.
First Amendment to RFP-602439-15
with Life Extension Clinics, Inc. d/b/a Life Scan Wellness Centers.
40.
Mutual Termination of RFP-602875-17,
Master Services Agreement with Paymentus Corporation.
41.
First Amendment to RFQ-603240-18
with Iliana Palmer d/b/a I. D-Vine Scoops.
42.
RFP-603303-18, Term Contract with
Tri-County Towing, Inc.
43.
IFB-603310-18, Term Contract with
Cain Enterprises, LLC d/b/a Engineering Solutions International.
44.
IFB-603311-18, Term Contract with
Convergint Technologies, LLC.
45.
Bids as follows:
IFB-603311-18
from Wayne Automatic Fire Sprinklers, Inc.; Convergint Technologies, LLC;
BID-603368-18
from Ernie Morris Enterprises, Inc.;
BID-603377-18
from HeartSafe America, Inc.; Henry Schein, Inc.; Medline Industries, Inc.;
Stryker Corporation’s Physio-Control, Inc.; Zoll Medical Corporation; and
RFP-603224-18
from GrayRobinson, P.A.; Florida Alliance Consulting, LLC; Dean, Mead &
Dunbar; Southern Strategy Group of Orlando, LLC; JEJ & Associates, Inc.;
Peebles, Smith & Matthews, Inc.; PinPoint Results, LLC; Ronald L. Book,
P.A.
Commissioner
Lockhart questioned several items on the Clerk's Report that seemed to be from
the summer of last year and is trying to understand why all of these documents
would have just been brought to the Board.
A discussion ensued regarding these items and the Clerk's Office agreed
to provide additional backup information to the commissioners.
REGULAR AGENDA
Agenda Item #17 –
2019-1188
Tricia Johnson, Chief Administrator of Economic Development and Community Relations, addressed the Board to present the request as outlined in the agenda memorandum. Ms. Johnson briefly described the QTI program. She noted that United Parcel Service is a package delivery company which provides global package delivery supply chain management services. This QTI is a business expansion and building modification project of the existing facility. The project involves the creation of 43 new jobs that pay an average annual wage of $51,230, which is 115% of the county’s average annual wage. Ms. Johnson reminded that this QTI is performance based and no incentive is paid out until jobs are created and vested for a period of two years.
With regard to public
participation, no one in the audience spoke in support or in opposition to this
item and public input was closed.
Motion by
Commissioner Constantine, seconded by Commissioner Zembower, to approve
appropriate Resolution #2019-R-24 recommending United Parcel Service, Inc. be
approved as a Qualified Target Industry Business (QTI); and approve the
County’s required Local Financial Support (LFS) of $12,900 over Fiscal Years
2023/24 - 2025/26, as local participation in the QTI tax refund program.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY
MANAGER AND STAFF BRIEFINGS
Ms. Guillet stated that there was an update on the tornado event that happened in the county on January 24, 2019. Alan Harris, Office of Emergency Management Chief Administrator, addressed the Board and presented an update on the January 24, 2019, Sanford Church Street Tornado (received and filed). He stated that his office put out alerts on January 23rd of potential tornadoes spawning from the cold front moving through the area. On January 24th, there were two outbreaks of possible tornadoes. One was in Lake County that ended up to be a heavy-wind type of event. The event in the Sanford area was deemed an EF0 tornado, which is the lowest level of a tornado. It went .5 miles and was a little over one and a half football fields in width. It hit in a commercial business area. Builders First Choice sustained serious damage, and there were 60-plus employees at the facility when the tornado hit. Railroad cars were flipped over at Rand Yard. The tornado went across the parking lot of the Central Florida Zoo and caused damage but no injuries or fatalities to any of the animals. There was also reported damage at the SunRail operational center. There were no reported injuries or fatalities from the tornado event.
COUNTY ATTORNEY
BRIEFING
Mr. Applegate stated he previously distributed a proposed amendment (received and filed) to Section 3.35 of the Administrative Code pertaining to the investment policy which would be a new Subsection P entitled Rapidly Changing Market. The primary objective of the Amendment is to allow the financial advisor to recommend changes due to a rapidly changing market condition and then file a report with the Board after that change is effectuated. He requested the Board's approval for the Amendment.
Motion by Commissioner
Dallari, seconded by Commissioner Constantine, to approve and authorize the
Chairman to execute appropriate Resolution #2019-R-25 amending Section 3.35 of
the Seminole County Administrative Code, pertaining to investments of surplus
funds, adding a new Subsection P authorizing the Clerk with direction from the
County Investment Advisor to initiate certain trades based on rapidly changing
conditions in the financial markets.
Districts 1, 2, 3,
4 and 5 voted AYE.
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Mr. Applegate stated his office is
still researching the issue of paying for FAM trips using TDC funds. He advised that they need to be extremely
cautious so as to avoid any type of state audit on using TCD funds under
Florida law. He will report back at the
next meeting as to whether or not it will be his recommendation that they seek
an attorney general opinion on whether or not they are authorized to do it
under Florida law or recommend another action.
-------
Mr. Applegate stated in regards to
the question concerning the allowable length of MSBUs, which came up at the
previous meeting during the Midway update, their research concludes that there
is not a term limit on MSBUs; but there is a practical consideration about how
far you can go out on that.
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Mr. Applegate stated that Desmond Morrell
was one of 25 lawyers around the state selected to be part of the Florida
Leadership Academy. Mr. Morrell had the
opportunity to meet with the Florida Board of Governors to talk about Home Rule
and preemption issues with the Florida Board of Governors and how they can mix
that in on some of the initiatives.
-------
Commissioner Lockhart requested a
status update from Mr. Applegate on the River Cross lawsuit. She knows the Commissioners have been advised
to not talk about it publicly. However,
she thinks there might be some misinformation that is being spread. Mr. Applegate stated his continued advice is
to not discuss the litigation with anyone.
He advised them to direct anyone with questions to the County Attorney's
Office. He stated they are currently
waiting on the federal court to determine whether or not it is going to grant
the County's motion to dismiss. Under
the court order, mediation has to occur prior to November of this year, and
there has been no agreement between the parties as to when mediation will
occur. Pursuant to the court scheduling order,
the discovery process just started.
CLERK’S
REPORT DISCUSSION (continued)
Clerk Maloy distributed Item Number
5 from the Clerk's Report (received and filed) and will distribute Number 11
when he gets it. A discussion ensued as
to how the document was processed.
Chairman Carey noted that all of the agreements were probably in the
document for the one-year action plan.
She suggested they take time to look at it during lunch. She stated it looks like the Board approved
the action plan agreement items. Once
that happened, they got distributed to the subrecipients and their board took
action and allowed them to execute them.
Ms. Guillet commented that after it is approved, the action plan is
submitted to HUD for its approval as well.
Chairman Carey noted that Community Services probably has more of a lag
time than most. She suggested that Ms.
Guillet share the process that staff has in place for that with the Board
members when they are not in a commission meeting and make sure everybody is
comfortable with it.
-------
Chairman
Carey recessed the meeting at 11:05 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the
exception of Deputy Clerk Chariti
Colón who was replaced by Deputy Clerk Terri Porter, who were present at the
Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Zembower, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
PUBLIC HEARINGS
Chairman Carey and Commissioner Dallari submitted their ex parte
communications into the record (received and filed).
EAST PARK PD
REZONE/
Pulte Home
Company, LLC
Agenda Item
#18 – 2019-0003
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 17-lot, single-family residential subdivision on approximately 4.51 acres, located on the south side of Howell Branch Road, approximately 600 feet west of Dike Road, Pulte Home Company, LLC, received and filed.
Joy Giles, Planning & Development Division, addressed the
Board to present the request as outlined in the agenda memorandum. The P&Z voted to recommend approval with
the condition that the six-foot precast masonry wall along the east perimeter
be increased by six inches for a total height of six feet, six inches. She advised the Applicant did consider the
request and after evaluation of the additional cost involved for a custom
precast masonry wall, the Applicant does not wish to provide the additional six
inches in height. She advised staff recommends
approval of the request.
Chairman
Carey noted they are proposing a vinyl fence on the south perimeter. She said they have had this discussion and
will take it up again as part of their Land Development Code revisions. She explained that 10 or 20 years ago, the
Commission decided to allow vinyl fences and do away with the wood fences
because they were not holding up. Now
those vinyl fences 20 years later don’t look good. She hopes the Applicant will consider a
precast wall on the south boundary.
Jose
Chaves, with StoryBook Holdings on behalf of the
Applicant, addressed the Board and talked about the buffer to the east. They originally went to the community and
discussed the placement of a 10-foot landscape buffer, without any structural
element, as a proposal to blend the lot sizes to allow for a transition to the
neighboring properties. After
conversations with the community, one of their concerns is people cutting
through the neighborhood to get to the elementary school. They proposed a PVC fence to stop that, and
they were able to get a couple of letters of support from the eastern property
boundaries and two letters of support from the southern property
boundaries. After talking to staff, that
was elevated to a concrete precast wall.
So he feels they are going in the right direction in providing an
additional buffer that is not required right now per the existing Land
Development Code.
Mr. Chaves
stated the 17-lot project results in a 3.77-unit-per-acre density, which is the
same land-use intensity rating of the communities to the east, south and
north. He advised right now, there is a
taper on the existing median opening that leads to the Lighthouse Baptist
Church. In talking to the Pastor and his
wife, they understand that it is not a very safe movement. Therefore, they are proposing a deceleration
lane and a queuing area for a left-turn lane, which will not only improve that
for the community but will improve access for the church.
Chairman
Carey questioned whether Mr. Chaves was saying that the vinyl fence should be a
precast wall when he said they are moving in the right direction. Mr. Chaves explained that it was suggested by
staff, but they feel comfortable with the vinyl fence.
Bernard
Cote, member of the Citrus Point HOA, addressed the Board to say they asked the
contractor to put a concrete wall on their border (510 feet for 7
properties). They did not think there
would be an issue with that because at the meeting they attended, the concrete
wall was part of their request. Chairman
Carey noted the precast wall is still part of the Development Order for the
eastern boundary. She explained it was
the southern boundary she was referring to.
With regard to public participation, no one else in the audience spoke
in support or opposition, and public input was closed.
Public Comment Form received and filed.
Chairman Carey stated her request for this project is that there be a
precast wall on the south boundary rather than a vinyl fence. Commissioner Zembower stated he has an issue with
the vinyl fencing too. But he also has a
problem that it is not consistent all around the project. There is a proposal for three different
elements (no wall, a vinyl wall and a masonry wall). Commissioner Lockhart expressed if that is
what the Board wants people to do, they need to change their code and require
it. Chairman Carey confirmed with Ms.
Giles that if they are doing residential to residential, there is no wall
requirement at all. Ms. Giles noted it
is based on density and permitting uses.
She said in this case, there is an existing wall/fence along Citrus
Point subdivision and the homeowners would like to remove that. They would like the proposed wall to be up
against their property line.
Commissioner Dallari remarked he would also like to see a masonry wall
instead of vinyl because during high winds with hurricanes, they see plenty of
vinyl fences strewn around the neighborhoods.
So he would like to see the consistency of a wall on three sides and
then landscape on the west side.
Mr. Chaves advised when they met with the community, they offered only
landscaping. The community expressed the
fences along there are not consistent, some are chain-link, some are wood. So they agreed to take out the old fencing
and put in a new PVC fence on the property line. That is where they settled, but in talking
with County staff, they changed it to the six-foot concrete wall. Mr. Chaves added they want their property owners
to enjoy the 10-foot landscape buffer, so the movement of the wall from the lot
line to the property line helped resolve some of those issues. They still, however, faced the problem of
having that landscape buffer in a tract versus an easement. Hearing their concerns, what they can do is
change the fence along the southern property boundary to a masonry wall and
leave the western property boundary as is.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt Ordinance # 2019-6 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order, with the modification of the southern fence being replaced with a precast wall, and Master Development Plan for a 17-lot, single-family residential subdivision on approximately 4.51 acres, located on the south side of Howell Branch Road, approximately 600 feet west of Dike Road, Pulte Home Company, LLC, Applicant, as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
HILLVIEW PD
REZONE/
Christopher
Hughes, Wekiva Capital Partners
Agenda
Item #19 – 2019-0006
Proof of
publication calling for a public hearing to consider a Rezone from A-1
(Agriculture) and R-1A (Single-Family Dwelling) to PD (Planned Development) for
a 41-lot, single-family residential subdivision on approximately 12.13 acres,
located on the north side of Hillview Drive, Christopher Hughes, Wekiva Capital
Partners, received and filed.
Danalee Petyk, Planning & Development Division, addressed the
Board to
present the request as outlined in the agenda memorandum. She advised the Applicant proposes a 10-foot
buffer along the north, east and south perimeters; however, staff recommends an
increased buffer along the north, east and a portion of the west property
lines, from the minimum required 10-foot buffer with an opacity rate of 0.2, to
a 15-foot buffer with an opacity rating of 0.3.
Ms. Petyk
stated the Planning & Zoning Commission recommended approval with the
staff-recommended increase in buffer width.
She noted that to date, County staff has received three letters in
opposition to the request. The concerns
expressed include drainage issues into the neighboring Spring Valley community,
environmental concerns and decreased property values. She advised staff recommends approval.
Ryan Renardo, Civil Engineer with Foresite
Group, addressed the Board to review a PowerPoint presentation (received and
filed). He covered Project Location
which shows the current development patterns in the area. He noted when they initially met with
P&Z, they heard some concerns about filling in the existing ditch running
through the property as well as the lake that is in the middle of the
property. He showed the Historical
Aerial Imagery slide from 1940 and stated there is evidence of a ditch running
through the middle. The 1957 shot shows
the ditch is still there but there is no evidence of the lake. In 1964, you can see evidence of the lake
being dug. Mr. Renardo
said their understanding is that the lake in the middle of the site was a
man-made borrow pit. By 1974, the shape
of the lake is essentially what it is today.
He advised the ditch that runs through the property historically has
been a ditch that conveyed stormwater runoff to Spring Lake, which ultimately
continued north into the Little Wekiva.
However when the Spring Valley neighborhood was constructed, they
actually ran a pipe through the neighborhood and stubbed it out onto the
subject property where the ditch ends today.
Their plan then is to similarly extend a pipe through the proposed
development to the west to allow this ditch to continue to convey stormwater
runoff to Spring Lake and ultimately north to the Little Wekiva.
Mr. Renardo covered slides concerning topics from the P&Z
meeting, from the meeting with Commissioner Constantine, and from the community
meeting. He then reviewed the remainder
of the presentation in connection with stormwater, traffic, pedestrian
connectivity, utilities (water and sewer), environmental, perimeter buffers,
and photos of commercial-grade vinyl fencing.
Upon showing the Concept Site Plan, Mr. Renardo
noted the stormwater management pond will be where the lake is now and they do
have to reshape a portion of that. They
will be cutting some and filling another portion of it. Commissioner Dallari asked about lot sizes to
which Mr. Renardo replied they are proposing 50-foot
lots with a depth of 120 feet.
Commissioner
Dallari requested that Mr. Renardo talk about the
pre- and post-stormwater treatment. Mr. Renardo stated in their preliminary analysis, they
accounted for detaining the entire 25-year, 24-hour storm event which is what
staff said would be required. They have
a discharge limitation going into a 24-inch pipe that goes to Spring Lake. He advised there will be a full analysis done
to make sure that they are not creating an overcapacity in that pipe. Commissioner Dallari said then they are basically
going to hold more water and release it at a slower pace in order not to
overflow the pipe. He confirmed with Mr.
Renardo that that is what they are committing to do.
Chairman
Carey stated in the D.O., there is nothing about any kind of fencing. There is just language about the
minimum-buffer setbacks. Ms. Petyk
responded that is correct because at the time the Development Order was
written, no components were determined.
Chairman Carey noted she heard Mr. Renardo say
they are volunteering to go to 20 feet and staff was recommending 15 feet and
4-inch caliper trees. Ms. Petyk replied
that she is correct.
John Robbs,
108 Valencia Loop, addressed the Board stating he is a homeowner adjacent to
this property as well as the vice president of the neighborhood association in
Spring Valley representing 470 homes.
They received very short notice before the P&Z meeting, so he
attended as a homeowner and not as a representative of the board. The HOA then provided a letter to
Commissioner Constantine (received and filed) stating their unanimous support
for, at the very least, a delay to this project until some of these issues can
be addressed, especially stormwater. He
understands that the developer wants to make use of his property but he asked
the Board to consider dealing with all the issues prior to approving this
project to move forward.
Michael
Rouse, 112 Satsuma Drive, addressed the Board and pointed out the location of
his house on the map. He opined that it
looks to him from the notice that there will be six lots against his property
line, which gives a perspective of the density.
He is speaking against the project and echoed the concerns about
stormwater flooding. His other big
concern is the minimal landscape buffer that is proposed. The landscape buffer in the photo shows trees
so thick and mature that you cannot see the ground. The developer is talking about three- to
four-inch caliper but they currently have three- to four-foot trunks. He asked if they go forward that they
preserve and protect what is now in the buffer and let it stand like it
is. He said if they plow it over and put
in tiny trees, it will not be a buffer.
Rudolph Marria, 560 Hillview Drive, addressed the Board to say he
represents the Pentecostal Church of God.
He agrees with the foregoing remarks concerning stormwater. It seems that every time something new comes
in, the stormwater gets worse. Last year
they had to reinforce the foundation of the church because of water. He wants to know where they propose to send
all the stormwater once they get this development. He noted the streets already flood in a good
10-minute downpour. Also, the ditch that
runs behind the church used to be a drain runoff, but now it is backing up and
going into their parking lot. He opined
the vinyl fencing will be down in a year or two and it will be used for
pathways.
Commissioner
Zembower pointed out the County owns property between the church and the
proposed development site. Chairman
Carey added they just purchased that property from the church for a future
stormwater pond.
Chairman
Carey stated it sounds like there may be some downstream blockages because
after Hurricane Irma, stuff could have washed through and down in a pipe
somewhere causing some blockage and that may be part of the issue that is going
on. She knows they are trying to clean
up all those ditches. Ms. Guillet
advised they plan to bring to the next BCC meeting a contract for the engineering
services to design the Hillview improvements.
Chairman Carey said then there will be both drainage and roadway
improvements on Hillview as part of that project.
Reverend
Terry Butler, 567 Hillview Drive, addressed the Board stating the problem with
the water started existing with the building of the Adult Toy Storage. There were pipes that went to Spring Valley
and those pipes were discontinued by the owner of the Adult Toy Storage. He noted he tried to address this situation a
little over two years ago. He personally
went to Commissioner Constantine’s office six times to discuss what was going
on in that community, and he never received a response from his office. He remarked as far as the County talking
about purchasing property from the church, they did try to purchase property from
the Pentecostal Church of God, but he knows the Bishop of that church because
he is a good friend, and the Bishop said that property was not for sale. Reverend Butler said the County tried to
purchase his property before they went to the church, but for the monies the
County was offering, he told them no. He
would rather develop his own property as well and get it rezoned commercial
because what they were offering was shameful.
A lot of people in that community have been there for decades. He has seen throughout the years where if one
home is burnt down, they were not allowed to rebuild their home. One in particular is a friend of his, Billy
Jones, he passed away in his home. His
home was burnt down but they refused to give his wife a permit to rebuild her
home. He opined it is a shame what is
going on in Seminole County to the ones that live out there. They have properties that have been in their
family for decades to try to get it rezoned to whatever, but when they come
down to the County, it is always a runaround.
He said there are different values for different people that want to do
what they want to do with their properties out there in that area. He has been seeing this going on for
years. Commissioner Lockhart indicated
she and Reverend Butler had the opportunity to talk at length a couple of weeks
ago about some of his concerns, not about this project specifically but about
other concerns in the area. She advised
that her assistant and the County Attorney’s Office have been working with him
to address the concerns he has expressed.
With regard
to public participation, no one else in the audience spoke in support or
opposition, and public input was closed.
Public
Comment Forms were received and filed.
Commissioner
Constantine submitted his ex parte communications into the record (received and
filed). He reported he did meet with
Reverend Butler out at the property. He
apologized and stated he was assured that the Reverend was sent to the right
department that could handle the problem and talk to him about his
concerns. When he heard nothing further,
he thought that the problems had been solved.
Commissioner
Constantine asked whether the developer had considered putting the masonry wall
throughout the entire project. Mr. Renardo responded that they evaluated it but the economics
of a masonry wall versus a vinyl fence are significantly different. He pointed out according to the County’s
code, there does not need to be a fence or a wall on any of these buffers. The masonry wall they plan to put on the
south side will be a very nice decorative wall for this neighborhood with a
nice entrance feature at the front of the neighborhood.
Commissioner
Constantine noted there was a request that the large trees in the buffer be
left alone and asked if that was something the developer could do. Mr. Renardo replied
once they get moving with the design, they would certainly make an attempt to
save every tree they could. Chairman
Carey expressed if they are trying to keep the existing trees, whether they put
up a vinyl fence or a masonry wall, the trees have a much greater chance of
survival the less any activity is there.
If you are going to request a wall between the north and the east and a
20-foot buffer to be left natural, she thinks that is hard to do because 20
feet isn’t that much and some of that will be lost when they are trying to put
in some kind of a fence.
Commissioner
Constantine noted they discussed reducing the number of units from 41 to 40,
and Mr. Renardo expressed that was just a potential;
they prefer to keep it at 41 units.
Commissioner
Dallari inquired about the square footage of the surrounding lots and Ms.
Guillet replied they are 13,500 square feet.
Commissioner Dallari indicated the adjacent lots are then about twice
the size of what this developer wants to put in which are 6,000 square-foot
lots, and that it is a big transition.
Commissioner Constantine thanked the Commissioner for bringing that up
and stated that is why he fought so hard for the 20-foot setback and wants to
be able to maintain the trees in that setback.
Commissioner Dallari stated if they are going to do that it should be
undisturbed. Mr. Renardo
responded that once they get going through the engineering plans, if they do
identify trees that are able to be saved, they have to put up protective
fencing around the trees. If they decide
to run a fence along the trees, there will be minimal disturbance to get the
fence installed, not something that would be considered earth moving that would
cause harm. Chairman Carey noted that
Mr. Renardo is proposing that the buffer is outside
the fence in a buffer tract. Mr. Renardo explained what happened when they went to P&Z,
so their approach now is to comply with the P&Z recommendation to make this
a stand-alone tract instead of a buffer easement. Chairman Carey asked Mr. Renardo
to redisplay the Perimeter Buffers schematic slide and clarify where the fence
would be located. Mr. Renardo explained the fence they are committing to today is
the one on the outside by the Spring Valley neighborhood. Because the 20-foot buffer tract is a
stand-alone tract, that is where the lot lines would start for the
subdivision. They are not committing to
put a fence on that line; a homeowner could put their own fence up and you
would then have the buffer tract between two fences.
Chairman
Carey summarized there will be a fence on the property line and a 20-foot
undisturbed buffer tract. Mr. Renardo commented once they get going with the engineering
on this project, if they can leave it undisturbed, they will. Several Commissioners opined that might not
be an option. Commissioner Dallari
suggested they break briefly so the District Commissioner can discuss with the
developers what they had agreed to.
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Chairman
Carey recessed the meeting at 3:00 p.m.; reconvening at 3:10 p.m.
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Motion by Commissioner Constantine,
seconded by Commissioner Zembower, to adopt Ordinance #2019-7 enacting a Rezone
from A-1 (Agriculture) and R-1A (Single-Family Dwelling) to PD (Planned
Development), and approve the associated Development Order and Master
Development Plan for a 41-lot, single-family residential subdivision on
approximately 12.13 acres, located on the north side of Hillview Drive; as
described in the proof of publication, with the parameters of a 20-foot
undisturbed buffer tract between the property line of Spring Valley and the lot
line, the fence would be on the lot line of the development, and if staff
determines the need to disturb it for drainage work, they would have to do
supplemental planting; Christopher Hughes, Wekiva Capital Partners, Applicant.
Chairman
Carey confirmed the 20-foot undisturbed tracts are on the north and the east,
and any fencing installed would be on the south and the west. Commissioner Zembower cited the reasons he
will not be supporting this.
Commissioner
Constantine noted the developer agreed to build a fence on the lot line.
Chairman
Carey clarified the motion includes
a 20-foot undisturbed tract on the north and east except what has to be
disturbed for the stormwater which exists today, any disturbance would be
replanted with a minimum of 4-inch caliper trees, a vinyl fence will be
installed on the north and east tracts on the property line of the lots. Commissioner Constantine advised that is
correct.
Commissioner
Dallari remarked when the Applicant made the presentation, he asked about
stormwater and the post and pre retention/detention and it is not in the
Development Order; they are just following the codes. He thought that was something that would be
prudent to do because this area does flood and he was very excited when he
heard that. But now he is not doing that
so the Commissioner said he is not in support of the motion. Mr. Renardo stated
they anticipate doing a ditch capacity analysis. As a professional engineer he cannot design
that to be overcapacity, so they would have to limit the discharge on their
site to even more than what the traditional pre versus post would be. He added it is very possible that it is full
retention of the 25-year, 24-hour storm event.
That is a detail that would get worked out as they move through the
engineering part of this and County staff starts reviewing their engineering,
specifically the stormwater management design.
Commissioner
Lockhart stated she is thinking about the homeowner in the future that is going
to buy this lot and there is this 20-foot undisturbed buffer with beautiful
greenery behind her and she does not want to look at a white vinyl fence, would
she be allowed to take that fence down.
Chairman Carey expressed that would be an issue to take up with the HOA
at that point.
Districts 3, 4, and 5 voted AYE.
Commissioner Dallari and Zembower voted NAY.
Motion passes 3-2.
ALAFAYA TRAIL
SSFLU MAP AMENDMENT
AND PD
REZONE/Albert Rivas
Agenda
Item #20 – 2019-0004
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Office to Planned Development, and a Rezone from R-1AA (Single Family Dwelling) to PD (Planned Development) for the conversion of an existing residence to a hair salon on 0.35 acres, located on the east side of Alafaya Trail, approximately 600 feet south of Beasley Road, Albert Rivas, Applicant, received and filed.
Joy Giles, Planning and Development, reviewed the request as outlined in
the agenda memorandum. She advised the
proposed Development Order limits the hours of operation from 9:00 a.m. to 8:00
p.m., and limits the number of employees to five per the largest shift. The site will provide a five-foot high
landscape buffer with a six-foot-high masonry wall along the east perimeter,
adjacent to the existing single-family residential subdivision. Eleven parking spaces will be provided to
accommodate all employees and their potential clients. Also, there is an existing dentist office 150
feet north of the subject site and a day-care facility approximately 500 feet
north of the site. The Planning and
Zoning board recommended approval, and staff recommends approval as well.
It was determined the Applicant agrees with staff’s recommendation.
With regard to public participation, no one in the audience spoke in
support or opposition, and public input was closed.
Commissioner Dallari noted they received a revised Development Order
today and that is the one he is referring to, for the record.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt
Ordinance #2019-8 enacting a Small Scale Future Land Use Map Amendment from
Office to Planned Development, adopt associated Ordinance #2019-9 enacting a
Rezone from R-1AA (Single Family Dwelling) to PD (Planned Development), and
approve the revised Development Order and Master Development Plan for
approximately 0.35 acres, located on the east side of Alafaya
Trail, approximately 600 feet south of Beasley Road, Albert Rivas, Applicant,
as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
AMENDING CHAPTER 190 - PARKS AND RECREATION
Agenda Item #21 – 2019-1141
Continuation of a public hearing from January 8, 2019, to consider
an Ordinance amending the entire Chapter 190 of the Seminole County Code,
“Parks and Recreation,” to update procedures and language, as described in the
proof of publication.
Michael
Wirsing, Special Projects Program Manager with the
Leisure Services Department, addressed the Board to present the request. He advised the highlights of the proposed
changes include updating of Florida statutes to ensure all references are
current, a number of updates to the definition sections were revised, and additional
definitions were added. The section
related to “Authorization for County Manager to Establish Rules” was moved to
the beginning of the chapter. This
proposed move would identify the County Manager’s authority to establish rules
prior to it being referenced in later sections.
Mr.
Wirsing advised additional changes include changing
authorization from Parks and Recreation Manager or other department titles to
Leisure Services Director. He noted at
the time of the last revision, the director position did not exist. Also Section 190.35, language and basic
procedures for service animals in parks, trails, and wilderness areas, was
updated to coincide with the current Florida statutes. In Section 190.38, language was added to
allow the Leisure Services Director authorization to restrict burning at
campsites during times of drought or safety concerns. Additionally the changes to the length of
stay in 190.39, “Camping and Sleeping,” increased from 7 days to 14 days, with
a possible extension of an additional 14 days.
He noted this is the same procedure followed by the Florida State Park
System. Furthermore, day-to-day
operations, general operational items, were moved from the County Manager to
the Leisure Services Director to be able to authorize simple things like the
authorization of amplified music at special events in county parks.
Mr. Wirsing advised Part 5 – Boats, Section
190.130 labeled “Locations of Certain Passengers,” was removed due to an update
in the Florida statutes in 2016, which was loosening the restriction of bow
riding. Finally, the changes to the
Natural Lands and Trails, which include the update, management and oversight of
the other departments, was changed from “Other Departments” to the “Leisure
Services Department.”
Chairman Carey stated they have given the County Manager the authority
to make rules and to designate to the Leisure Services Director. All throughout this document it says that
that person has a right to designate somebody else to this authority. She said she has an issue with the fact that
if the County Manager delegates her authority to the Leisure Services Director,
it should not be delegated further on to someone else in many of these
instances, in her mind.
The Chairman referred to page 21 of the Ordinance, Item (14), and
stated this is in regard to the ability to lease land to generate management
revenues without disrupting natural systems or impacting recreational
values. She opined this should be
reserved for action by the BCC and she cited the Boar’s Nest as an
example. She does not think this should
be a standing rule.
Chairman Carey specified page 36, Item (d), talks about utilities in
the trails. She advised a number of
years ago, the County’s utility department wanted to put a utility in the
right-of-way they had for a trail. They
were told that they could not because the rules of the natural lands/trails
says you cannot put a utility in there, so they have to go out and acquire
additional land outside of what they already own. She understands the importance of being able
to control other public or private utilities, but for the County not to be able
to use their own right-of-way for their own facility use just seems
counterproductive. She explained it was
an opinion that was given by legal counsel at the time. The answer that came back was it would be an
issue for lands that the County leases from the State. She pointed out there is one section of the
trail in the Winter Springs area that is leased from the State, and they are
not allowed to put utilities in that area.
She noted they have 63 miles of trails in this county, and if they need
to run a utility along Markham Road, for example, where they have a trail and
they have the right-of-ways to do it, they should be able to do that. But they don’t do that because of some rule
in their own ordinance. She opined she
would like to have that worded in such a way that it does not prevent the
County from using their own trail right-of-way for their own utilities.
Motion by Commissioner Zembower to
continue to February 26, 2019, at 1:30 p.m., or as soon thereafter as
possible, the request to adopt an Ordinance amending the
entire Chapter 190 of the Seminole County Code, “Parks and Recreation,” to
update procedures and language, with the three changes to the Ordinance
discussed today, as described in the proof of publication.
Commissioner Lockhart asked about unintended consequences. Commissioner Dallari advised it was done that
way because they did not want the trails to go down for a long period of time
for a construction project, and they did not want the trail to become a utility
corridor. Commissioner Zembower thought
there may be some concern about the aesthetics of the trail, and Chairman Carey
stated they were talking about putting them underground. Commissioner Zembower noted that if it is not
worded that way, if it is worded that it can be used for all utility needs,
there could be a problem. Commissioner
Dallari stated the other issue could be if a private developer wants to use the
utility corridor that the County established, and Chairman Carey responded that
they cannot if it is only for the benefit of the County’s utility; they cannot
use their utility right-of-ways now.
Commissioner Constantine seconded
the motion.
Under discussion, Commissioner Constantine questioned the County
Manager whether she sees, under any conditions, where the designee needs a
designee, because he understands the concern but does not want any unintended
consequences. Ms. Guillet stated of the
three issues that Chairman Carey raised, two of them were pre-existing
language. It wasn’t language that was
changed; it was language already in Section 190. The language changed in a number of sections
where the County Manager was the entity that set hours for closing parks and
that kind of thing. There was not a
Leisure Services Director at the time it was written, so that change was
made. There may be a situation where the
Leisure Services Director is not available and it may be more appropriate for
the Natural Lands Manager to make that decision. She understands Chairman Carey’s concern
though. She opined she is not as
concerned about allowing the Director to designate somebody, but that is
absolutely a Board decision. Chairman
Carey commented if they said they could delegate it to a Deputy Director and
kept it at that level, that would be fine, but it does not say that. The Director could delegate it to the Park
Managers as far as that goes to make these decisions and she does not think
that they should have people at that level making those decisions.
Commissioner Dallari remarked he has no problem with looking at
putting utilities in the trail, but he would like the County Attorney to look
at that so it does not become a utility corridor for other utilities. Chairman Carey agreed.
Districts 1, 2, 3, 4, and 5 voted AYE.
LAND DEVELOPMENT CODE AMENDMENT – SIGN CODE REVISIONS
Agenda Item #22 – 2018-0038
Proof of publication calling for a public hearing to consider an
Ordinance amending 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, received and filed.
Ms. Petyk reviewed the request as outlined in the agenda
memorandum. She advised the Planning and
Zoning Commission recommended approval, and County staff recommends approval as
well.
Commissioner Lockhart indicated that one of her biggest concerns has
to do with the political signs. She
understands they are dealing with all of the signs in the same manner, but each
campaign is considered a special event of its own, and they are going to limit
special event signs to two per each right-of-way frontage per parcel of record
per event. She noted in talking with
staff that would mean for a political campaign or someone who supports multiple
candidates, she could have two signs for every item that is on the ballot. So if there are 15 people on the ballot, she
could have 2 signs for each 15, and if there are amendments or any other
initiatives, she could have 2 per each.
So theoretically on a 50-foot wide lot, she could have 30-plus signs and
be in compliance. But if you wanted to
put four out for one candidate or one initiative, you would not be in
compliance. She said she finds that
troublesome because she philosophically has a problem with telling people what
they can do with their own private property.
She added what if someone lives in a larger neighborhood or a rural area
and they have 300 feet of frontage on their residential lot, and they want to
put up one sign every 50 feet for one candidate, they cannot do that.
Commissioner Lockhart opined campaign signs become an opportunity for
people to try and trip someone up. So if
someone filed a complaint, who would be cited; would it be the property owner,
the homeowner who is supporting the candidate, or would it be the candidate. County Attorney Applegate stated, for
example, they have five signs for a particular candidate on their property and
someone complains about it, they will be asked to remove the signs because that
is in violation of the code and that would probably be the end of it.
Chairman Carey stated the candidate is supposed to know the law and be
responsible because they sign something saying they understand and will abide
by the law. A property owner probably
has no idea what the campaign laws are particularly, and they all know what a
sea of signs looks like. They are
getting conflicting answers as to whether the property owner is responsible or
the candidate, and who they would go before and what the fine would be.
Paul Chipok, Senior Assistant County Attorney, addressed the Board to
advise this is a “rifle shot” to come into compliance with Reed v. Gilbert; it is not a complete comprehensive rewrite of the
sign code. They are raising some issues
which are inherent in the existing code and they are not specifically
addressing those today. The nature of
enforcement is already through Code Enforcement. They are directed towards the property owner
but they also have the citation ordinance in effect, and that can be directed
to the person that puts up the sign. In
the nature of a political campaign, the state statutes on political signage
require that the person paying for the sign has to authorize the sign and put
an identifying mark on the sign itself.
So if there is a sign in someone’s yard, under state statute, they already
have a readily identifiable mark and can go to the person if the sign is not
properly placed. That already exists
under the existing rules, so they are not specifically addressing that. It is not just the political signs, it could
be for a church function or it could be for the Springs Annual Philharmonic
presentation, but all of those have to be treated equally and that is what
these amendments are attempting to do.
Mr. Chipok expressed staff has taken the position as an initial
proposition to the Board that each special event gets two signs per yard. If the Board thinks that would create visual
clutter, there is no prohibition against putting a regulation on a maximum
number of signs per yard. It was discussed
whether there should be a distinction between rules for different size single-family
home lots.
Mr. Chipok asked what they want the goal of the sign ordinance to be;
is it to prevent visual clutter; is it to prevent traffic hazards. He explained what they have done is take the
existing code and regulations already in the code and took out the disparity on
the treatment of signs based on the content of the sign. So they made the application of those
regulations equal to all types of signage regardless of the content, provided
that they are off-site and non-commercial.
Chairman Carey said the question is do they want to limit the number
of signs or not. Commissioner Lockhart
observed this would cover unincorporated Seminole County, but you could live in
an HOA within Seminole County that restricts signage. She is not interested in making
unincorporated Seminole County into their own version of an HOA. Her thought would be to remove the limit on
the number of signs and she thinks for the most part that most people are
pretty reasonable.
Chairman Carey questioned if the majority of the Board agrees that
they do not want to limit the number of signs someone can put up on their
private property. Ms. Guillet noted
there is a limit on the time period. Mr.
Chipok explained it is limited to the event.
It could be seven days before the event until seven days after the
event. The length of the event for a
political campaign is when the issue or the candidate qualifies to be placed on
the ballot until the election.
Commissioner Zembower opined an enforcement mechanism is an entirely
different manner. Chairman Carey agreed
the biggest issue they have, especially at election time, is that candidates
are told they cannot have signs on county property, so they put them in the
right-of-way, which is a violation of any of the sign codes. And the County turns a blind eye to that
during campaign season. The Supervisor
of Elections looks to the Board for them to set the rule about what they are
going to do and what they are going to enforce.
He is only going to enforce that you are “x” number of feet away from
the front door of the voting facility.
They probably need to have some agreement with the Supervisor of
Elections about where the signs are going to go and it should not be in county
right-of-way because that is in direct conflict with their own code. Ms. Guillet advised for the last several
years, she has worked with the Supervisor of Election’s Office on this with
respect to the County’s library properties, and the position they have taken consistently
is you cannot post unmanned signs on library property, the polling place.
Ms. Guillet indicated the issue of right-of-way happens all over the
place. Code Enforcement and this Board
have consistently directed them with respect to code enforcement activities to
be reactive; they react to complaints, they do not proactively look for code
violations. They take that approach on
everything including signs in the right-of-way, unless there is some sort of
traffic or safety hazard.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to continue the request to February 26,
2019, at 1:30 p.m., or as soon thereafter as possible, the request to adopt an
Ordinance amending 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, in order for staff to make the changes to the
language in regard to the number of signs allowed, as described in the proof of
publication.
With regard to public participation, no one in the audience spoke in
support or opposition, and public input was closed.
Districts 1, 2, 3, 4, and 5 voted AYE.
DISTRICT REPORTS
District 1
Commissioner Dallari stated in regard to the opioid epidemic, he would
like to find out what the total cost impact is for the county, if that is
possible. He would also like to have an
update presented by Sheriff Lemma. In
addition, he asked that the County Attorney give an update on the three pending
lawsuits at the next meeting. Chairman
Carey noted one of the appointments she gave Commissioner Dallari was to the
Public Safety board, and that is going to be where a lot of the opioid
information is discussed, so they will be looking to him to bring back a lot of
the information that comes out of that task force.
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Commissioner Dallari recounted how they handled the overall plan for
Environmental Services and set goals and objectives. He stated they don’t yet have a
transportation or stormwater plan, even with the one-cent sales tax. They have their projects, but they don’t have
a roadmap on how to get it done. He
opined they should be looking at having a work session with the consultants to
talk about what they expect and how they define success. Chairman Carey agreed. She said when they rolled out the big bond
issue in Environmental Services, it was very thoughtful. They had an annual schedule and an annual
update with quarterly written updates.
Commissioner Dallari opined the consultants who would be doing project
management should be in attendance at that work session, because when they were
doing that for Environmental Services, the consultants were giving feedback and
the Board was able to challenge right on the spot that that was not what they
wanted. So they knew what the goals and
objectives were and they understood how they were moving forward. Chairman Carey added they knew the schedule
for delivery, which she thinks was part of the frustration she heard at the
last workshop.
District 3
Commissioner Constantine stated he
attended, along with Commissioners Dallari and Lockhart, the Annual Seminole
County Professional Firefighters banquet.
He also attended two events for charity on Saturday, one was the “Heart
for the Arts” gala, and the other was “Heroes for Babies,” which supports those
in the public safety arena that have saved lives this past year. He noted he is on the Board of Directors of the
National Association of Regional Councils and he gave a presentation in D.C.
yesterday.
District 4
Motion
by Commissioner Lockhart, seconded by Commissioner Dallari, to appoint Kim
Fogel to the Planning and Zoning Commission to fulfill the unexpired term of
Jennifer Dane who resigned. She noted a
resolution of appreciation recognizing Ms. Dane for her service on that
commission was already taken care of.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Lockhart reported she attended
the Central Florida Commission on Homelessness meeting. Great news came out after that meeting; it is
looking like the Sadowsky Housing Trust Funds and the
Medicaid waiver are safe for right now in conversations being had in
Tallahassee.
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Commissioner Lockhart indicated she wanted to ask the County Manager
to draft a new lease with the Boys and Girls Club for the Lillie H. Green
Community Center in East Altamonte. The
original RFP that the Board initiated in 1996 is no longer reflected in the
current lease. Chairman Carey noted they
just had a Boys and Girls Club lease extension come through, and Ms. Guillet
noted that it is the same one.
Commissioner Lockhart explained it was significantly modified to the
point that the community is not able to utilize the Community Center at this
point. She and the County Manager met
with Gary Cain and one of his staff members, and there was acknowledgement that
they are in breach of the lease on some other items as well, and they plan to
remedy those. But upon reviewing the RFP
that went out, she found the lease itself is so far from what the original
intent was in. Chairman Carey wondered
if the tenant is willing to work with the County to amend the lease to get it
into compliance with what the practices are out there. Ms. Guillet replied in the affirmative.
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Commissioner Lockhart expressed concern
about their travel policy because a few meetings ago, the Chairman recommended
that the two new Commissioners, and any other Commissioners that were
interested, obtain the Certified County Commissioner designation from FAC. She has started to pursue that and looked at
the requirements, and because so many of those meetings and classes are out of
the area, it requires travel which would certainly, in one year’s time, put one
or both of them over their travel budget.
Commissioner Constantine noted they had not changed the policy since he
has been here and it costs more to travel nowadays. Chairman Carey stated that even though every
office is allocated $1,900.00, some of them don’t use it at all. She opined maybe the travel policy needs to
be looked at in general.
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Commissioner Lockhart submitted her ex
parte communications into the record (received and filed).
District 2
Motion
by Commissioner Zembower, seconded by Commissioner Dallari, to appoint Nate
Jordan to the Historical Commission.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Motion
by Commissioner Zembower, seconded by Commissioner Dallari, to approve
appropriate Resolution #2019-R-26 recognizing Pamela Neal for her service on
the Historical Commission.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Commissioner Zembower advised he was asked
by the Chairman to attend the initial Project Opioid conference in Orlando,
which was hosted by Florida Blue CEO, Pat Geraghty. He noted Sheriff Lemma gave a speech and he
is involved with an appointment by the Governor. They are asking the region to come together
to try to impact this. Florida Blue has
put up $3 million as initial seed money to try to get this ball moving on how
to address it. They will be looking for
additional funding sources through grants as well as municipalities and counties. He expressed if there is a need for any
further involvement by anyone on the Board, Commissioner Zembower said he is
happy to do it, if the Board or Chairman sees fit.
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Commissioner Zembower noted that at the
last meeting, he asked for some input to allow staff to look at the Chuluota
design standards to be extended into the entire rural boundary. They have 36 acres of commercial land in the
rural area that would be impacted and approximately 25 of those acres are
vacant. Of those 25 acres, a good
portion of that is wet. He spoke to
several of the parcel owners who have no problem if those design standards are
invoked. He would like approval for
staff to move forward and give a presentation to this Board to move that ball
along and see if they can get that into the Land Development Code. Chairman Carey opined it would probably be a
good thing to have a workshop on it and then anything that comes out of the
workshop could come back as a public hearing.
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Commissioner Zembower discussed a public
safety issue that was brought up at the Geneva citizens’ meeting, and he also
talked to some of the Fire people in the county. They have roads that are no longer maintained
by the County that had been maintained by the County at some juncture. They are dirt roads and somewhere between
2000 and 2002, their policy changed and they were no longer maintaining those
roads. They have some roads that EMS
cannot get down. Upon inquiry by
Chairman Carey, he said the roads are both public and private. Commissioner Zembower opined he would rather pave a right-of-way or easement that technically does not
belong to the County than be unable to respond to someone who has had a massive
heart attack. Chairman Carey noted if
they don’t have the right-of-way or an easement, they cannot really go pave it
and that is part of the problem. She
gave a brief history of the dirt road paving program and why certain roads are
no longer maintained by the County.
Commissioner Zembower advised it involves 9.43 miles of roads, and the
cost would be about $4.5 million to bring them up to where first responders can
get down those roads.
Commissioner Dallari noted they have a policy that every road should
be maintained for emergency purposes, for Fire and paramedics to be able to
respond. Jean Jreij,
Public Works Director, addressed the Board stating when they are contacted,
they go and maintain it for emergency purposes only. Commissioner Zembower reiterated there are
roadways where you cannot get a fire truck down them. On some of the roadways, the residents have
actually put gravel and broken concrete to fill the areas that have eroded or
have sugar sand. Commissioner Zembower
gave a list of the roads he is talking about to Mr. Jreij,
and Chairman Carey asked that Mr. Jreij follow up and
let the Board know how they are addressing those roads, whether they are
private or public, and how they fall into their policy.
CHAIRMAN’S REPORT
Chairman Carey requested a motion to ratify
a VAB appointment.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to
ratify the SCPS Board’s citizen appointment of Joe Avallone to the Value
Adjustment Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey requested the Commission
members submit names for the appointment of the BCC’s citizen member to the
VAB.
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In regard to the Board Retreat scheduled for March 5, Chairman Carey
stated she thinks they need to start with the basics: fiscal stability, employees, community
relations, and customer service. She
added they also need to set goals and objectives for the County Manager and
give direction so they can get some of the other items up to speed. Commissioner Constantine opined one of the
things he thinks might be great is once they set the parameters on the larger
issues, they can then start breaking it down among the different departments
and have work sessions with staff to say these are some of the ideas that each
of us would like to have and can you do this.
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 21, 2018 to Chairman
Carey from Doug Woodlief, Florida Department of Health RE: the Emergency
Medical Services (EMS) County Grant, ID Code C7057 in the amount of $73,367.00
to Seminole County. C: Matt Kinley, Assistant Fire Chief.
2. Notification and attachment dated January 22,
2019 from City of Longwood RE: application for approximately 52 townhomes in
the City’s Heritage Village.
3. Letter dated January 23, 2019 from Burkett
Engineering, Inc. RE: 1701 Celery Avenue Master Plan Revision and subsequent
Public Information Meeting. C: Jordan Smith; Dan Krieder.
4. COPY of a letter – with attachment - dated
January 24, 2019 from Chairman Carey to Orange County Mayor Jerry Demings RE: Little Econlockhatchee
River Harrod Property. C: Orange County BCC members; Orange County
Administrator Byron Brooks; Senator David Simmons; Representative Joy Goff-Marcil; Representative Scott Plakon; Representative David
Smith; Florida Department of Environmental Protection.
5. COPY of a letter with attachment dated
January 29, 2019 to Chairman Carey from Orange County Mayor Jerry Demings RE: the Orange County Regional Economic
Summit. C: Nicole Guillet; Tim Giuliani;
Roseann Harrington.
6. Letter and attachment dated January 29, 2019
from Joan Faulkner, Hope Helps, Inc., RE: thank you for monetary donation.
7. Letter dated January 31, 2019 to Mrs. Carey
from Save Rural Seminole RE: River Cross Land Company lawsuit.
8. City of Lake Mary Notice of Public Hearing
RE: 421 Longwood Lake Mary Road site plan with variances.
9. City of Lake Mary Notice of Public Hearing
RE: Final Subdivision Plan for New Century Planned Unit Development.
10. Letter dated February 1, 2019 to Chairman
Carey from James Stansbury, DEO RE: comprehensive plan amendment No.
18-04ESR. C: Rebecca Hammock; Hugh W.
Harling, Jr.
11. Letter dated February 1, 2019 to Chairman
Carey from James Stansbury, DEO RE: comprehensive plan amendment No.
18-05ESR. C: Rebecca Hammock; Hugh W.
Harling, Jr.
12. Letter dated February 1, 2019 to Chairman
Carey from James Stansbury, DEO RE: comprehensive plan amendment No.
18-06ESR. C: Rebecca Hammock; Hugh W.
Harling, Jr.
13. Letter and attachments dated February 1, 2019
to Chairman Carey from James Stansbury, DEO RE: comprehensive plan amendment
No. 19-01ESR. C: Rebecca Hammock; Hugh
W. Harling, Jr.
14. COPY of a letter to Chairman Carey from Tim
Giuliani, OEP, and Jim Hartmann RE: formation of the Orlando Economic
Partnership’s Alliance for Regional Transportation (ART).
15. City of Altamonte Springs Notice of Public
Hearing RE: variance request at 1281 Leatherwood Drive.
16. Letter and attachments dated February 4, 2019
from City of Sanford City Clerk Traci Houchin RE: annexation Ordinance No.
2019-4492.
17. Letter and attachments dated February 4, 2019
from City of Sanford City Clerk Traci Houchin RE: annexation Ordinance No.
2019-4493.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 4:50 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
cc/tp