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.
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.
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.
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.
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.
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
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)
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)
Planning and Development
7. Pulled for a separate discussion.
Solid Waste Management
8. Pulled for a separate discussion.
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)
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)
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.
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.
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.
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.
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.
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.
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.
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.
Chairman Carey recessed the meeting at 3:00 p.m.; reconvening at 3:10 p.m.
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.
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.
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.
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.
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.
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.
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.
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.
Commissioner Lockhart submitted her ex parte communications into the record (received and filed).
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.
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.
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.
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.
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 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.
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.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:50 p.m., this same date.