BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
February 26, 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 26, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Kyla Farrell
Pastor Ward Hodges, The Church at Heathrow, Sanford, gave the Invocation. Commissioner Dallari led the Pledge of Allegiance.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1223
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to adopt appropriate Resolution #2019-R-27 recognizing Sarah Hall, Longwood Elementary Kindergarten Teacher, as Seminole County Public Schools Teacher of the Year 2020.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sarah Hall addressed the Board and expressed her appreciation.
Agenda Item #2 – 2019-1163
Nicole Guillet, County Manager, announced staff participated in a tri-county effort with Orange and Osceola Counties to talk about affordable housing issues. Staff is going to present the results of that effort as well as some options for the County to consider. She noted staff is not looking for absolute direction today because they will have a more in-depth workshop at a later date, but she wanted to bring the Board up to date on where they are and what staff is looking at before they get too far into it.
Melody Frederick, HUD Program Manager with Community Services, addressed the Board and presented a PowerPoint presentation entitled “Regional Affordable Housing Initiative Presentation” (included in the agenda backup). She provided the background of the initiative and also summarized the first three workshops that staff participated in over the course of the past year and a half. In addition to that, Ms. Frederick reviewed basic guidance and framework that surrounds affordable housing, followed by a summary of the report that was the result of the effort. Rebecca Hammock, Planning and Development Director, discussed some existing strategies and incentives as well as some policy options within the presentation.
Commissioner Dallari pointed out that affordable housing needs to be around transportation and transit and asked Ms. Hammock to define that. Ms. Hammock responded normally staff would like to see affordable housing in urban areas where there is access to bus services and SunRail. Commissioner Dallari voiced his concern is whether or not they are providing the right frequency of service for transit to promote affordable housing. He added he believes there should be a definition of what transit is. Ms. Guillet noted they haven’t gotten that far into it, but the Commissioner has a good point.
Chairman Carey stated the follow-up plan is to have a workshop and dive into the details that really need to be addressed; the definition of transit being one of them. She thinks inclusionary zoning should be looked at as well and discussed why. She pointed out it is a complicated process so they will put this topic on the workshop schedule. The Chairman reminded that the Board’s representative on the Central Florida Commission on Homelessness board is Commissioner Lockhart. She encouraged the entire Board to get educated on affordable housing and the homelessness issues because they really need to formalize a plan of how they’re going to protect what they have and move forward with what they need to do.
Commissioner Lockhart advised she would like staff to look at accessory dwelling units in other areas in addition to the rural areas. She explained they have some areas in the community with some very large lots that could easily have mother-in-law apartments and pointed out they know that they already exist in neighborhoods, but they should be able to make those conforming and give people more access to be able to have them. Commissioner Lockhart stated she is very interested in the partnerships that were alluded to in the presentation and discussed the importance of childcare facilities. She expressed she would like to explore how partnerships for childcare facilities could be beneficial to the community.
Commissioner Constantine stated he agrees with Commissioner Lockhart on her opinion of the accessory dwelling units, and he thinks they really need to focus it more on the urban areas because there are lots in urban areas that have more than standard acreage that could be looked at. The Commissioner expressed it is interesting to see that Seminole County is significantly more from a median income than a standard deviation. He added it is also interesting that homeownership in Seminole County has decreased significantly. He discussed population growth, and opined they will need to plan for the growth in the future.
Chairman Carey stated the accessory dwelling units would also help the aging population because they are seeing a lot more people taking care of their family. She thinks it is important that they look at that as an option because they have more young adults moving back home with their families. Chairman Carey suggested there are a lot of things to talk about that will help a lot of different, positive, unintended consequences.
In regard to the accessory dwelling units, Ms. Hammock advised staff has begun a little bit of research; and they found out in speaking with Osceola County and the DEO, they actually can adopt policies within the Comprehensive Plan. So if they do allow accessory dwelling units, it doesn’t count towards the density of that future land use district, which is positive news. Chairman Carey reiterated there is a lot to talk about, and they will schedule it for a workshop. Commissioner Constantine pointed out while looking at accessory dwelling units, they will want to ensure they won’t be used as vacation rentals.
Commissioner Dallari advised when they have the workshop, he would like to have some dialogue on the decline of homeownership and what the factors are relating to that. Discussion ensued regarding a time frame for the workshop. Ms. Guillet advised she will get a list to the Board before the March 5 retreat so they will know what workshops are coming up and they can get them prioritized. Commissioner Zembower suggested they move forward with the workshop. Chairman Carey reiterated they have a whole-day retreat on March 5, and at that time they can look at the workshop list and prioritize how they want to work through them. Even if they give direction at a workshop next week, it would still take a while because there are a lot of policy changes that will have to happen in order to accommodate some of the recommendations. She reiterated they will look at the list at the retreat and determine priorities.
The Business Spotlight video for Red Cypress Brewery was presented.
COUNTY MANAGER’S CONSENT AGENDA
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.
Ms. Guillet announced add-on Item #5A relating to a vacation on First Street.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to authorize and approve the following:
3. Approve and authorize the Chairman to execute an Agreement with the Homeless Services Network of Central Florida (HSN) - Rapid Rehousing Program 2018-2019 with State Housing Initiatives Partnership (SHIP) Funds in the amount of $60,000 to be used to provide rental assistance, financial assistance, and housing location services to homeless households in Seminole County. (2019-1144)
Planning and Development
4. Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Board Case No. 02-98–CEB, at 100 Spring Street, Altamonte Springs, Tax Parcel No. 12-21-29-5BD-1300-0090, previously owned by Betty Lamar. (2019-1177)
5. Approve the plat for the Legacy Estates single-family residential subdivision containing sixteen (16) lots on 9.47 acres zoned PD (Planned Development), located on the south side of East Lake Drive, approximately 500 feet south of Center Drive; Pulte Homes, Applicant. (2019-1184)
5A. Approve and authorize the Chairman to execute an Affidavit Regarding Vacated Street (First Street/Richardson’s Addition to Woodbridge) to remove the condition requiring a utility easement prior to recording Resolution #1998-R-179; and authorize staff to record a certified copy of Resolution #1998-R-179 along with the executed Affidavit; Brian Pelski, Applicant. (2019-1235)
6. Authorize release of the original Maintenance Bond #106564941 for Water & Sewer Facilities in the amount of $18,871.01 for the project known as 500 TownPark Office Building; Piedmont 500 TownPark, LLC. (2019-1175)
Greenways and Natural Lands
7. Approve and authorize the Chairman to execute an Interlocal Agreement with the City of Sanford to fund the Marina Island East and West Boat Basin Breakwater Project through the Boating Improvement Program in the amount of $43,553.42 through the Boating Improvement Fund to fund the project. (2019-1218)
8. Adopt appropriate Resolution #2019-R-28 and authorize the Chairman to accept a Drainage Easement donated by Jesse Donald Whitaker and Brenda Joyce Whitaker to Seminole County for the purpose of the Curryville Road drainage project. (2019-1190)
9. Adopt appropriate Resolution #2019-R-29 and authorize the Chairman to accept a Drainage Easement donated by Gunanand Persaud and Goumattie Persaud to Seminole County for the purpose of the Curryville Road drainage project. (2019-1193)
10. Adopt appropriate Resolution #2019-R-30 and authorize the Chairman to accept a Sidewalk Easement donated by the City of Sanford to Seminole County related to the construction and maintenance of a sidewalk along a portion of West Airport Boulevard at Albright Road. (2019-1194)
11. Adopt appropriate Resolution #2019-R-31 and authorize the Chairman to accept a Sidewalk Easement donated by Transit Properties, LLC, to Seminole County related to the construction and maintenance of a sidewalk along a portion of West Airport Boulevard near State Road 46. (2019-1195)
12. Adopt appropriate Resolution #2019-R-32 and authorize the Chairman to execute an Off System Maintenance Agreement between the Florida Department of Transportation (FDOT), and Seminole County relating to the construction and reconstruction of U.S. 17-92 at Airport Boulevard. (FDOT Project FM# 436679-2-52-01.) (2019-1208)
13. Approve and authorize the Chairman to execute an updated Preliminary Engineering Agreement in the amount of $25,000 with CSX Transportation, Inc., for the proposed railroad crossing improvements for the Cross Seminole Trail-Winter Springs Missing Link Project. (2019-1213)
14. Approve and authorize the Chairman to execute the Second Renewal and Seventh Amendment to Seminole County Health Department and Community Services Lease with Pyensa, LLC. (2019-1191)
15. Approve and authorize the Chairman to execute the Joint Participation Agreement (JPA) Supplemental Amendment Number 3 between Seminole County and the Florida Department of Transportation (FDOT) for the project described as “National Pollutant Discharge Elimination System (NPDES) Permit Number FLS000038,” adding funding for Fiscal Year 2019, changing the Financial Management Number to 243844-1-78-02, and extending the contract to June 30, 2020. (2019-1205)
16. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-33 implementing Budget Amendment Request (BAR) #19-023 through various funds in the amount of $4,280,064.69 to Carry Forward available grant balances and make related project adjustments from FY 2017/18 to FY 2018/19. (2019-1179)
17. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-34 implementing Budget Amendment Request (BAR) #19-031 through the 2014 Infrastructure Sales Tax Fund in the amount of $2,279,416 from Reserves for the Midway Basin, Lake Harney Basin, and Markham Woods Road Wall Rehabilitation projects. (2019-1209)
18. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-35 implementing Budget Amendment Request (BAR) #19-032 through General Fund Reserves to establish funding for the purchase of an electronic sign at U.S. Highway 17-92 and County Home Road in the amount of $33,228. (2019-1220)
19. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-36 implementing Budget Amendment Request (BAR) #19-033 through the Federal Mitigation Grant Fund and 2014 Infrastructure Sales Tax Fund to provide additional funding for the Natural Resources Conservation Service (NRCS) grant projects in the amount of $37,000 by recognizing $27,750 in U.S. Department of Agriculture grant revenue and appropriating $9,250 from Reserves. (2019-1217)
Purchasing & Contracts
20. Approve Work Order #6 (Expedited Assessment of Management & Operations Needs for Environmental Services Department - GAP Analysis) under PS-1822-18/TAD -Continuing Engineering Services for Utilities Improvements with CH2M Hill Engineers, Inc. of Orlando, in the amount of $135,944.06; and authorize the Purchasing & Contracts Division to execute the Work Order. (2019-1219)
21. Approve Change Order #1 to CC-1885-15/RTB (Rolling Hills Soil Remediation) with Handex Consulting and Remediation, LLC of Winter Park, in the amount of $81,993.60; add an additional ninety (90) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order. (2019-1210)
22. Approve Amendment #2 to RFP-602505-16/BJC - Food and Beverage Concession Services Agreement for Seminole County Sports Complex with Altamonte Hospitality LP, Altamonte Springs; and authorize the Purchasing & Contracts Division to execute the Amendment. (2019-1200)
23. Approve the ranking list; authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultant Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement (MSA) for PS-2225-19/RTB – Engineering Services for Hillview Drive Roadway Improvements. Estimated Term Usage $450,000. (2019-1174)
24. Approve Amendment #3 to Work Order #53 (CEI Services for Howell Creek at Red Bug Lake Road Improvements, Segment 1) under PS-8148-12/JVP - MSA for Construction Engineering and Inspection Services (CEI), with Atkins North America, Inc. of Orlando, in the amount of $35,917.76; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2019-1212)
Under discussion, Chairman Carey stated in regard to Item #18 (electronic sign for Emergency Management at Five Points), they already have one sign at Eslinger Way and she wants to make sure they don’t do something totally different and that they aren’t shortchanging themselves on the electronic board. Alan Harris, Chief Administrator for the Office of Emergency Management, addressed the Board and explained the sign they selected has the same pixilation of the electronic sign that is used in front of the Public Safety building. The company that was used for the Public Safety building was considerably higher than the cost that they were able to get for the sign, so they are two different manufacturers. Mr. Harris pointed out it is a low-cost sign and they are getting a warranty for the sign; one year for parts and labor and three years for parts. The sign will look similar to the one in front of the Public Safety building. Chairman Carey commented they want to make sure they stay consistent with the look of signs at Five Points with the idea that it is all one government complex. She stated they need to make sure they can purchase an extended warranty that includes labor because that is really what drives their costs on the signs.
Districts 1, 2, 3, 4 and 5 voted AYE.
COUNTY ATTORNEY’S OFFICE
Agenda Item #25 – 2019-1215
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-37 in support of County Court Judisdictional Limits urging the Florida Legislature to adopt the recommendations of the Florida Supreme Court and support a minimal increase in the County Court Jurisdictional Limits to no more than $25,000.
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve the following:
26. Approve Expenditure Approval Lists dated February 4 and 11, 2019; Payroll Approval List dated February 7, 2019; and the BCC Official Minutes dated December 11, 2018, and January 8, 2019. (2019-1214)
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Recording of Maintenance Bond #SUR0048095 (Subdivision and Site Plan) in the amount of $58,073.31 for the project known as Orange Creek – Public; M/I Homes of Orlando LLC.
2. Developer’s Commitment Agreement #18-20500041, Orange and Markham Lots PD; DaVinci Modern Homes LLC.
3. Development Order #19-30000013, 203 Oakland Avenue, Sue Block and Michelle Goembel.
4. Conditional Utility Agreement for water and wastewater services with JEM Kuruvilla Holdingsen LLC, for the project known as The Goddard School.
5. Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for Elite Select – Seminole Blast 25.
6. Tourist Tax Funding Agreement with Florida PGF LLC for 2019 Gold Cup #2.
7. Tourist Tax Funding Agreement with Perfect Game Youth Florida, Inc. for Frozen Ropes.
8. Tourist Tax Funding Agreement with Nations Baseball LLC for February Tournaments (President’s Day Challenge, Baseball Cloud Classic, King of Diamonds).
9. Special Review of JGI Program Report #012219, Agreement with Aerosim Academy, Inc.
10. Third Amendment to CC-0559-15 with Central Florida Environmental Corporation.
11. Work Order #25 to CC-0559-15 with Southland Construction, Inc.
12. Closeout to Work Order #2 to RFP-1294-17 with Pat Lynch Construction.
13. Change Order #2 to Work Order #6 to RFP-1294-17 with Pat Lynch Construction.
14. Change Order #1 to Work Order #11 to RFP-1294-17 with M&J Enterprises International, Inc.
15. Work Orders #8 and #9 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
16. Amendment #3 to Work Order #1 to PS-1405-17 with Johnson, Mirmiran & Thompson, Inc.
17. Work Order #6 to PS-1832-18 with England-Thims & Miller, Inc.
18. Closeout to CC-1875-18 with CTR III Enterprise, Inc. d/b/a Control Engineering Group.
19. CC-2234-19 Construction Services Agreement with Playmore West, Inc. d/b/a Playmore Recreational Products and Services.
20. Amendment #8 to Work Order #2 to PS-4202-09 with Dewberry Bowyer-Singleton.
21. Amendment #1 to Work Order #42 to PS-8186-13 with CPH, Inc.
22. Third Amendment to RFP-601929-14 with Howroyd-Wright Employment Agency, Inc. d/b/a Appelone Employment Services.
23. RFP-603303-18 Term Contract with Courtesy Towing, Inc.
24. IFB-603328-18 Term Contract with Batteries by Fisher, Inc.
25. IFB-603338-18 Term Contract with Henry Schein, Inc.
26. Bids as follows:
PS-2225-19 from Bentley Architects + Engineers, Inc.; Atkins North America, Inc.; CPH, Inc.; Cribb Philbeck Weaver Group, Inc.; Dewberry Engineers, Inc.; Harris Civil Engineers LLC, Joseph Harris; and Moffatt & Nichol.
Agenda Item #27 – 2019-1173
Mary Robinson, Planning and Development, addressed the Board to present the request to consider a Special Event Permit for the Wekiva Island Paint Out 2019 from March 3 through March 21, 2019, located at 1000-1014 Miami Springs Drive, Longwood, as outlined in the agenda memorandum.
Commissioner Constantine pointed out the Special Event Permit is for 16 days, and Wekiva Island has a total of 60 days a year for special events. The original backup information indicated 21 days, and he would just like to confirm that the actual number is 16 days. Ms. Robinson stated the final number is 16 days. Chairman Carey advised there was an amendment that was distributed (included in agenda backup) with some clarifications on the number of days, outdoor speakers, and all of the details within the Development Order. Commissioner Dallari confirmed with Ms. Robinson that the Applicant is aware of the decrease from 21 days to 16 days.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #27 and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve the Wekiva Island Paint Out 2019 Special Event Permit for March 3 through March 21, 2019, located at 1000-1014 Miami Springs Drive, Longwood, subject to staff’s recommended conditions included in the Special Event Permit; Mary Sue Weinaug, Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Hilltop Securities Asset Management (formerly known as First Southwest Asset Management), addressed the Board to present his Investment Advisor’s Report for February 26, 2019, (copy received and filed). He reviewed The Essential Point noting the markets are signaling that the Fed has finished raising rates, but that doesn’t necessarily mean that that is the case. Based on the Bloomberg Yield Forecasts, it shows that the economists expect a 25 bps increase in June; and they don’t think there will be another increase for the next five to six quarters. They need to make decisions right now about what to do with money. They are at somewhat of a low point in terms of yields. Most people expect that they’re going to gradually move higher. The reason they are low right now has to do almost entirely with the uncertainties of trade.
In regard to Events Driving the Market, Mr. McIntyre pointed out the Government shutdown affected consumer spending because people didn’t know what was going to happen. During the tail end of December, people stopped spending money which affected economic growth significantly. Mr. McIntyre reviewed Retail Sales and pointed out December. He explained the good number continues to be employment. Whenever there is an economic expansion, jobs are being created. Last month, there were 304,000 jobs created by companies; and the three-month trend was 240,000, which is pretty good. The unemployment rate rose; but that is not a concern because when the economy is considered strong and the labor market is strong, people who have not been looking for jobs start to look for jobs.
Mr. McIntyre discussed Inflation and he stated the Feds want to keep inflation in check. If it’s rising too much, they’ll be raising rates; but right now it is falling. He reviewed Conclusions.
Mr. McIntyre advised they are proposing a conservative approach. He explained they have a future maturity coming up in a couple of days, which is the FEITF (Florida Education Investment Trust Fund), and it is a $5 million maturity that was yielding 2.28%. That won’t be reinvested back into that fund; instead that will be part of what they will use to fund the new investment which is basically a $30 million new deposit at a new bank (Ameris Bank). He noted Finance Director Jenny Spencer with the Clerk’s Office initiated a relationship with the bank; and the rate the bank has offered is a very, very fair rate for fully liquid money. Mr. McIntyre stated day-to-day expenses will be funded through the lowest paying QPD. In essence, the weighted average maturity is just about staying the same; overall yield moves up from 2.64% to 2.65%; and at this point they’ve just moved money around. He isn’t recommending any more Treasury investments right now; and he’d like to be able to continue with the ladder, but they pretty much built the ladder earlier. He is hoping that when they start having some more Treasury maturities, they will have a more favorable environment to invest back into.
Commissioner Lockhart commented she had the opportunity to meet with Mr. McIntyre and suggested any Commissioner who hasn’t met with him try to find the time to do so. Chairman Carey reminded that there is a telephonic meeting prior to the presentation to the BCC; and during that meeting, she asked for some clarification on Ameris Bank. She expressed the information she received was comforting, and she thinks they are a pretty well-known bank. Mr. McIntyre discussed Ameris Bank’s credentials. Chairman Carey advised Ms. Spencer did a great job negotiating the rate because it is a very favorable rate.
With regard to public participation, no one in the audience spoke in support or in opposition to the Investment Advisor Report and public input was closed.
Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt the recommendations of the Board’s Financial Advisor based on the report submitted and direct the Clerk to implement said Board adopted recommendations.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey recessed the meeting at 10:44 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy, who was absent, and Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colón, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioners Dallari and Zembower submitted their ex parte communications (received and filed).
AMENDING CHAPTER 190 - PARKS AND RECREATION
Agenda Item #28 – 2019-1141
Continuation of a public hearing from January 8, 2019, and February 12, 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, Leisure Services Special Projects Manager, addressed the Board and stated that, per the direction of the Board during the February 12, 2019, public meeting, the Parks and Recreation ordinance was amended. The additional proposed change includes moving Section 190.27, County Manager's Authority to Establish Rules; and Section 190.28, Penalties and Other Remedies, from Part 2 to Part 1 since these two sections are applicable to Parts 2, 3, and 4 of the Chapter.
Also during the February 12, 2019, public hearing, the Board requested that staff review lines relating to the delegation of authority to a designee. The designee was removed from the Ordinance whenever the decision-making authority involved public policy. The designee remained in the areas where the decision-making authority involved day-to-day operations or if the designee was solely up to the discretion of the County Manager.
Mr. Wirsing added that, under Natural Lands, Part 3, language regarding camping was amended to ensure consistency with the other camping sections in the chapter. The question about whether or not utilities could be run on trail corridors was raised during the last public hearing. After a review of the section, language was added that states that, with the Board’s specific approval, trails may be used for underground county utilities as long as it is not prohibited by state law, regulations, restrictive covenants, or would subject the County to monetary penalties.
With regard to public participation, no one in the audience spoke in support or in opposition of Item #28 and public input was closed.
Commissioner Dallari confirmed with Bryant Applegate, County Attorney, that he has reviewed the document regarding the trail and the routing of utilities and that it is only permissible with the express approval of the Board. Commissioner Dallari inquired what happens if a private utility wants to use it, and Mr. Applegate responded that it would have to come before the Board. Commissioner Dallari questioned if the Board has the right and the grounds to deny it, and Mr. Applegate responded that they do. Mr. Applegate added that even the County's use would be limited according to the law.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt Ordinance #2019-10 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.
Under discussion, Commissioner Zembower stated that he thinks it is very important that the Board comes to trust staff to make decisions. There was some concern that certain things lie with the Board, which he agrees with 100 percent; but he thinks that if they are going to entrust staff to do things, there are certain levels that staff should be able to do and the Board shouldn't have doubt in their mind. If there are senior management and directors that they are trusting to make everyday decisions, some decisions such as this could also be entrusted to them. If not, then they need to review staff.
Chairman Carey responded that she agreed that they need to be empowered, but at some point if the Board is delegating their authority to the County Manager, she doesn't think it would be delegated down multiple levels. She thinks the way they addressed this to come back and make the amendments where it makes sense was the right way to go.
Districts 1, 2, 3, 4 and 5 voted AYE.
SIGN CODE REVISIONS TO THE LAND DEVELOPMENT CODE
Agenda Item #29 – 2018-0038
Continuation of public hearing from February 12, 2019, 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, as described in the proof of publication.
Danalee Petyk, Planning and Development, addressed the Board and stated the revised ordinance removes the limitation on the number of signs entirely as shown on Page 6, Line 141, and the remainder of the proposed ordinance remains the same.
Commissioner Zembower stated he has read the entire Supreme Court ruling and all of the Justices' impressions on this case. He confirmed with Mr. Applegate that at no time was there ever any litigation regarding the number of signs. Commissioner Zembower inquired that this all had to do with content and nowhere was there a discussion or ruling from the Supreme Court about the number of signs. Mr. Applegate responded that he didn't believe so. There were several concurring opinions. The one that he remembers more than any is the Justice commenting that the Supreme Court was being brought in to become a sign code moderator or arbitrator for local governments across the country, but they are free to decide whether they want two signs or 100 signs. Commissioner Zembower confirmed with Mr. Applegate that the existing sign code ordinance that is currently in place controls the number of signs. Mr. Applegate commented that the ordinance is a "shotgun approach" to address Reed v. Gilbert and the Metromedia case, and this is what local governments are doing around the country in light of the Supreme Court decision.
Commissioner Zembower inquired of staff if there has been a problem in the county with the number of signs that are in the current sign ordinance, which Ms. Petyk responded she didn't believe there was. Commissioner Zembower asked what the current number is under the existing ordinance. Ms. Guillet responded that it is two signs for special events, but there is no limit for the number of political signs. She explained that the difference is political signs are now getting rolled into special event signs.
Chairman Carey stated that there are not a lot of definitions in the revision or in the sign code, but there are definitions somewhere else in the Land Development Code. She suggests that they look at putting them in both locations so that someone doesn't have to go back and find it in the Land Development Code if they're just looking at the sign code. She thinks it will make it easier for people to follow the rules if they can readily find those definitions. She stated she would like to make that a part of the approval if the Board would agree to that.
Mr. Applegate responded that they could bring an amendment back for the Board to consider because it does need an amendment if they are going to amend the code to add definitions to a section of the ordinance. Chairman Carey inquired if they could make a motion to approve it with the definitions included, and Mr. Applegate responded that he would like to go back and look at all the definitions and see if it's appropriate to have it in this section of the code.
Commissioner Zembower confirmed that they are proposing an amendment at a later date, which Mr. Applegate responded they can bring back an amendment. Chairman Carey asked Mr. Applegate if he wanted to continue this item to the next meeting and bring it back then, which Mr. Applegate responded that was up to the Board. Chairman Carey explained to the Board that they are either going to accept it like it is and staff will bring back an amendment; or they can continue it, staff can put in the definitions, and the Board can vote on it at the next meeting. Commissioner Constantine inquired how long the amendment would take. Mr. Applegate responded that it would be a month with the advertising.
Rebecca Hammock, Development Services Director, addressed the Board and stated that Chapter 2 of the Land Development Code includes all definitions regardless of the section, and they can refer to one section rather than trying to find it within the various chapters. Chairman Carey stated they could make a reference to that chapter in the Land Development Code. Ms. Hammock stated that they would have to refer back to the definition section, but they could add language that refers back to that section of the code so they know to refer to that. Chairman Carey suggested that they put a broad statement that says all definitions under Section 2 of the Land Development Code are under the definitions section. She does not want people to be reading it and not understand what it means and then have to figure out where to find it in a multi-hundred page Land Development Code. She asked Mr. Applegate if it was okay if they add the line that just refers them back to that section of the Land Development Code, and Mr. Applegate responded it was.
Commissioner Zembower mentioned they have been discussing reviewing the development code anyway and they should make a note of that as well. Ms. Hammock responded that the sign code is on the list of future amendments and they can add it to the list to bring it back. She added that this particular change was not advertised as part of the ordinance, and since they are amending this section of code, it depends on how general the advertisement was done because it wasn't specific to this change.
Chairman Carey questioned Mr. Applegate if they can put in a line under the definitions that says all Land Development Code definitions are found in Chapter Whatever of the Land Development Code, and Mr. Applegate responded they could do that and they will deal with it later if it's challenged. Mr. Applegate gave his legal opinion that to try and pull together all the definitions that relate to signs, whether in the Land Development Code or the Code of Ordinances, he thinks they would need to have another hearing with an advertised ordinance. Chairman Carey stated they are talking about adding a line that just points in the direction of where it is in the Land Development Code, and Mr. Applegate responded that that was fine.
With regard to public participation, no one in the audience spoke in support or in opposition of Item #29 and public input was closed.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to adopt Ordinance #2019-11 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, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
BROTZ WAREHOUSE SSFLUMA AND PD REZONE/Kevin Brotz
Agenda Item #30 – 2019-0007
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Planned Development to Planned Development and a Rezone from C-1 (Retail Commercial) to PD (Planned Development) for an office warehouse development on approximately 3.03 acres, located on the south side of East SR 46, east of Justamere Road, received and filed.
Ms. Petyk presented the item as outlined in the agenda memorandum. Commissioner Zembower confirmed with Ms. Petyk that the property had commercial zoning back in 1978. Commissioner Zembower asked Ms. Petyk to describe the difference between the commercial zoning that was in place in 1978 and the PD that has to be decided today. Ms. Petyk explained that the main difference between the C-1 zoning classification that exists and the PD request is that the C-1 zoning for the property was put in place for restaurant use back in 1978, and C-1 zoning allows for a lot of different retail/commercial-type uses. The planned development is a specific negotiated district with very specific uses, and it is an office/warehouse in this case. Commissioner Zembower inquired if that equates to the County having more control over this property as a PD than they otherwise would have under C-1, which Ms. Petyk confirmed. Commissioner Zembower questioned if the things that the property was originally zoned for could be done without any request whatsoever, other than the rural overlay that was voted in many years ago, if it stayed as a C-1. Ms. Petyk responded that was right, except the future land use is planned development which doesn't allow anything to be done without a rezone; but if it had a commercial future land use, then it could do the C-1 uses without any restrictions. Chairman Carey asked if the reason that they are having to amend the future land use is because a former county commission conflicted the future land use with the current zoning, which Ms. Petyk confirmed.
Chairman Carey stated that it was her understanding that the Applicant has also agreed to the C-N, commercial neighborhood, limitations which were not in place at either time that the zoning or future land use happened, which Ms. Petyk confirmed. Chairman Carey inquired if the Applicant is going to allow an easement to be placed over where the current road exists. Ms. Petyk responded that Condition O in the Development Order is requiring the Applicant to grant an easement, if it is truly on their property, to all the property owners to continue using Justamere Road. Commissioner Zembower confirmed that there will not be any obstruction in ingress and egress on Justamere Road if this development moves forward.
Kevin Brotz, the Applicant, 2146 Sterling Creek Parkway, addressed the Board and stated that the rural nature of this property is what caught his attention in keeping it as such, and that is why he adopted the standards and agreed to the design to keep it looking that way. He would like to keep the look as low profile as possible. One of his concerns is that the Design Standards requests an 8/12 roof pitch, and he is requesting a lower roof pitch of 1/12 or 2/12 to keep the building as low profile, less visible as possible. He is also requesting the lower roof pitch to reduce the cubic space within the building for fire suppression.
In regards to the discussion at P&Z of a wall on the south property line, Mr. Brotz stated he has talked to Mr. Lee Marsh, the southern neighbor, and Mr. Lee has provided an email saying that he does not have any concern about clearing on the south border, which is his north border. Mr. Brotz added that they are not a high-traffic-type operation. They pack and ship, and they don't drive local traffic or have retail-type use.
Chairman Carey questioned Mr. Brotz if he went back and reviewed the Chuluota Design Standards after committing to adopt them and that is when he discovered the roof pitch issue and the sprinkler issue, and Mr. Brotz responded that was correct. He advised that the sprinkler issue is simply because water supply is not provided in enough capacity or volume for fire suppression, so it is his understanding he will have to have aboveground tanks to supply water and/or sprinkle the property and the buildings. Chairman Carey asked if that was a requirement whether he adopted the Chuluota overlay or not, which Mr. Brotz responded that was correct. Chairman Carey asked staff if the roof pitch was spelled out in the Chuluota overlay, and Matt Davidson, Planning and Development, responded that it is.
Chairman Carey clarified with Mr. Brotz that he was asking for a different roof pitch so he can have a lower profile building. Chairman Carey inquired if all of the other requirements of the Chuluota Land Development Overlay are things that he would agree to. Mr. Brotz replied, to his understanding, all of ones that he has had issues or potential issues with have been addressed. To his understanding, it's more or less just to make sure the building is designed in such a way that is appealing to the rural nature of the area.
Ms. Hammock advised that they would also be exempting Mr. Brotz from the requirement in the Chuluota Nonresidential Design Standards that limits them to a 5,000-square-foot building. It was discussed at DRC that they wanted a larger building, and they are proposing 10,000-square-foot buildings. Chairman Carey asked Ms. Hammock if she saw an issue if there's a variance from the roof pitch, and Ms. Hammock responded that she did not. The intent was for them to generally comply with the design guidelines in the Chuluota Nonresidential Design Standards for compatibility with the rural area; but if there are certain things that are not applicable to them, then staff does not have an issue with exempting them from those requirements. Chairman Carey confirmed that the Chuluota overlay district does not apply in this location, and Ms. Hammock responded that was correct and it was just a guidance that they were following to create that look and that style for the rural compatibility.
Commissioner Lockhart noted that she currently knows very little about the Chuluota Nonresidential Design Standards. She inquired about the property that is to the north of the proposed location on the other side of SR 46 that appears to be a large commercial-type, farm-type building or structure. Upon request, the slide showing the aerial photograph was displayed. Commissioner Lockhart asked if anyone had an idea what that building looks like in terms of size and roof pitch compared to what Mr. Brotz is requesting. Ms. Hammock responded that that property was there prior to the rural area so it's a legal nonconforming use and the structures are legal nonconforming, and the business itself is something that wouldn't be permitted under today's code in the rural area. She also noted that that building has a flat roof; and if they are wanting to promote the Chuluota Nonresidential Design Standards, they wouldn't allow a flat roof. They might allow a lesser pitch, but she doesn't think that a flat roof would fit in that type of architectural design.
Karen and F.D. Buzz Bruning, 27 Magnolia Way, addressed the Board and stated they are opposed altogether to having a warehouse in their neighborhood. They have been in the Geneva area for 35 years, and they chose to live in a quiet, rural area and do not want to be next to a commercial building. They think it is going to ruin the property values, and they have signed petitions from their neighbors. Chairman Carey stated that the Board previously received the petitions.
Nancy Harmon, 752 Pioneer Way, addressed the Board in opposition and stated that, in her view, the Applicant has failed to meet the standard in Florida Statutes 163.3164 and Seminole County's Comp definition of compatibility. She commented that staff has said numerous times in their presentation that it is not compatible. She believes it is important that they stay with what the standards are, what's recommended, or that has been set forth by the rural characteristics plan of 2006 that was incorporated into the land use element and the county plan in 2008.
She likes the part about the Chuluota look, but she does not like that there is a commercial area across the street that is no longer even allowed to exist in the rural county. She is concerned that the residents are going to be living in a community that eventually will have three buildings. She thinks the Board needs to consider what the residents are saying about their lifestyle, their quality of life, and how this plan would affect them and deter from their quality of life. It also affects what they have all agreed to in the plans and in voting as what they want rural to be.
Chairman Carey requested that staff run through the timeline again for the public. Ms. Petyk described that the C-1 retail commercial zoning was established in 1978. In the early 1990s, the PD future land use designation was put on this property, and then after that is when the East Rural Area Boundary was established, so both of these were put into place prior to the rural area. Chairman Carey clarified that this property was already entitled for commercial long before the Rural Boundary. She inquired if there was a list of what uses are allowed in commercial C-1 that they could review. She stated that the commercial neighbor is much less intense than what is allowed in a C-1 zoning, and that's why she thinks the C-1 zoning is important.
Commissioner Zembower confirmed with Mr. Applegate that property owners did not lose their rights or entitlements to develop their property under their current zoning when the citizens of this county voted for the Rural Boundary to go in place. Mr. Applegate stated it is his legal opinion they are seriously risking the County to suffer the consequences of a Bert Harris claim if they deny this rezoning to PD. Commissioner Zembower stated that is his concern, and he thinks they need to make it clear to the public that in no way, shape, or form did they remove anybody's existing rights to develop their property as it was set forth before the voters passed the Rural Boundary initiative. He added that the PD actually is more restrictive than the original C-1 that was on this property. Mr. Applegate opined that if they deny the rezoning on the argument that they are going to come back for an administrative rezoning to make it something else, that will also expose the County to a Bert Harris claim. Commissioner Constantine requested that Mr. Applegate explain what a Bert Harris property rights claim is. Mr. Applegate replied that denial of the rezoning or going back to an old zoning denies the valid expectation of the use of the property that the owner has. Commissioner Constantine confirmed with Mr. Applegate that it is his legal opinion that if they denied this zoning they would have a serious concern about a violation of the Bert Harris Property Act.
Ms. Petyk reviewed the permitted and restricted uses of the C-1, C-S, and C-N districts. Chairman Carey confirmed that the Applicant has agreed to C-N district.
Chairman Carey, Commissioner Constantine, and Commissioner Lockhart submitted their ex parte communications (received and filed).
Mr. Brotz clarified that the wall on the south is no longer an issue. He agrees with leaving a 20-foot no-clear buffer. The roof pitch is a concern. The Design Standards also asked for a fence around the property; but in lieu of the fence, he wants to leave the natural buffer because a fence would not be seen since it is going to be wooded.
Commissioner Zembower stated he and Mr. Brotz met and discussed the Chuluota Design Standards. This is the first time he is hearing about a roof pitch concern. He questioned Mr. Brotz if that was something that just came up. Mr. Brotz responded that he did not see that before in the Design Standards. Commissioner Zembower questioned Mr. Brotz about what chemicals he will be using, and Mr. Brotz responded that they do not deal with chemicals.
Commissioner Dallari stated he did speak to the Applicant last Thursday and Mr. Brotz did comment about the roof pitch. Commissioner Dallari added he did not make a comment either for or against, but Mr. Brotz did identify the problem with the roof pitch as of last week.
Chairman Carey commented that her issue with Q in the Development Order is that a lot of things in the Chuluota Overlay Nonresidential Design Standards are not applicable here. She thinks they are all agreeing that what they really want to see here is an agriculture or nonresidential look, not something you would see in Downtown Orlando. She stated that she thinks that if they leave Q in there as written, they are requiring him to do a lot of things including the size of the building. She believes they have put it on the record pretty clearly what it is that they are looking for knowing that there is going to be some kind of design standard. Ms. Guillet suggested that they revise that provision to say “shall substantially comply” and give either the Director of Development Services or the Planning Manager the authority to make that determination. The determination from the Planning Manager can always be appealed.
Chairman Carey stated she also agreed with the Applicant's comment about the fence. If you're trying to leave a natural buffer, trying to put up a fence or a wall or anything else is going to disturb the natural buffer. Commissioner Dallari commented that he has an issue with removing the Chuluota Design Standards because it's been in the packet for quite some time and the public has seen it and the public is expecting it. If the public didn't see it, he is sure that the room would be filled with issues and comments about it. He has heard from a few people that they believe this is a good proposal or they're willing to live with it because of the Chuluota Design Standards. Now they are deviating from it and picking and choosing, and he has reservations about doing that. Chairman Carey responded that she agrees with the suggestion of the County Manager to just modify it to say that they “shall substantially comply” with Chuluota Nonresidential Design Standards and make it go to a manager for approval. Commissioner Dallari expressed that he thinks the public is expecting one thing and he does not want to use it as a bait and switch.
Commissioner Zembower confirmed with Mr. Brotz that he has agreed to hold to the Chuluota Design Standards, which Mr. Brotz responded that was correct aside from the few things that they discussed. Commissioner Zembower stated that that was not what it was advertised to the public for, and Mr. Brotz replied that there were comments made at P&Z that were outside of those standards. Chairman Carey mentioned that the “substantially comply” part has to do also with the size of the building. The Chuluota Design Standards only allow a 5,000 square foot building, and they are talking about a development order that has 10,000 square feet in it. Commissioner Zembower responded that they knew that at the time the Applicant came in. The intent was not to reduce it to 5,000 square feet. His understanding is the intent was to adhere to the Chuluota Design Standards. Chairman Carey stated that she is not familiar with the exact standards since Chuluota is not in her district. She questioned if the Chuluota Nonresidential Design Standards Zoning Overlay required a fence. Ms. Petyk responded that there is a requirement if it is facing CR 419 and adjacent to the trail, which would not apply in this case. Chairman Carey clarified that no fencing would be required and the natural buffers can be left.
Commissioner Lockhart inquired if they would need to make the changes and then readvertise with the changes and bring it back. Mr. Applegate responded that he did not believe so on this one because the Applicant voluntarily agreed to the standards and there have already been some modifications, and there was enough notice for someone to be here to make any arguments.
Commissioner Zembower noted that there is a future entranceway requested on SR 46 in the diagram which he understands is not what they are going to do right now, and they are going to access Justamere instead. He inquired what the code requirements, if any, are about a left turn lane on Justamere. Jean Jreij, Public Works Director, responded that it is not on Justamere. It is required to have a left turn lane on SR 46, and SR 46 is FDOT’s jurisdiction. They would either be required to get exemption from the DOT or put in a left turn off of SR 46. Commissioner Zembower confirmed that FDOT must be consulted about a deceleration left turn lane off of 46 during Phase 2, which Mr. Jreij clarified it is during Phase 1.
Commissioner Dallari questioned staff about the master development plan and the phases that the project is going to be built in. Upon request, Ms. Petyk displayed the Phasing Plan and explained that Phase 1 is the Justamere Road entrance, the pond, and one building. Phase 2 is the other two buildings and the optional entrance onto SR 46.
With regard to public participation, no one else in the audience spoke in support or in opposition of Item #30 and public input was closed.
Public Comment forms were received and filed.
Motion by Commissioner Zembower, seconded by Commissioner Constantine, to adopt Ordinance #2019-12 enacting a Small Scale Future Land Use Map Amendment from Planned Development to Planned Development and Ordinance #2019-13 enacting a Rezone from C-1 (Retail Commercial) to PD (Planned Development); and adopt the associated Development Order and Master Development Plan for an office warehouse development on approximately 3.03 acres, located on the south side of East SR 46, east of Justamere Road, as described in the proof of publication. Commissioner Zembower added the amendment that the PD will not be designed to accommodate 18-wheelers and commercial trucks. They will be prohibited from entering, loading, unloading, and parking on the site, as well as parking anywhere along Justamere Road; and no use within the development shall be permitted that would require the use of 18-wheeled, commercial-type vehicles.
Under discussion, Commissioner Constantine confirmed with Commissioner Zembower that there is no fence requirement. Commissioner Dallari confirmed with Commissioner Zembower that there are no other changes to the D.O. as presented in the packet.
Commissioner Zembower stated that he was part of the citizenry that helped put the Rural Boundary initiative on the ballot and noted that it was not designed to remove entitlements that somebody already had on their property. His office is already looking at the fact that there are six properties of approximately 25 acres in the Geneva area that have been commercially zoned long before the Rural Boundary ever came into place. He recalled that he discussed during his last district report that he would like the Board to consider holding a workshop and having discussions about applying the Chuluota Design Standards to the remainder of those properties. He has spoken to a handful of those property owners who have no problem at this juncture in doing that. He wants to clarify that they are not moving them from commercial to noncommercial. It is an entitlement those property owners have had, and the Board would be in litigation if they took those rights away.
Commissioner Dallari confirmed with Commissioner Zembower that they were not making any changes to the roof line or slope. Chairman Carey stated that standing as presented, development and signage shall comply with the requirements of the Chuluota Nonresidential Design Standard Zoning Overlay; and Commissioner Zembower added with the amendment of the 18-wheeler access, usage, parking, and so forth.
Districts 1, 2, 3, 4 and 5 voted AYE.
DUDA TRAIL RIGHT-OF-WAY VACATE/A. Duda & Sons, Inc.
Agenda Item #31 – 2019-1178
Proof of publication calling for a public hearing to adopt a Resolution vacating and abandoning an uncut portion of the Duda Trail right-of-way as recorded in Plat Book 2, Page 71, of the Public Records of Seminole County, Florida, for property located on the south side of Mitchell Hammock Road and east of SR 426, Oviedo, Florida, received and filed.
Matt Davidson, Planning and Development, addressed the Board and presented the item as outlined in the agenda memorandum. He stated that staff received a call from the development firm that represents the property owner of the Oviedo Point development, which is to the north. It has recently been under construction, and they indicated they had some concerns regarding access to the southern portion of their property that is encumbered by a conservation easement that is granted to the St. Johns River Water Management District. There is currently no access from their property on the south. Upon request, an aerial photograph of the right-of-way location was displayed, and Mr. Davidson discussed Oviedo Point's area for compensating storage and the surrounding properties and right-of-way. Chairman Carey questioned how they get to their compensating storage area. Mr. Davidson responded that they had a temporary access bridge built during construction that has since been demolished. He pointed out property that has been annexed into the City of Oviedo that now leaves Oviedo Point with no access. Chairman Carey confirmed that there is a conservation easement, and Mr. Davidson stated it was dedicated to the St. Johns River Water Management District. Chairman Carey commented that if it is dedicated to the St. Johns River Water Management District, nobody needs to get access unless they're in a boat. Mr. Davidson responded that was correct; but as part of the permit, they're supposed to be putting in plantings and maintaining them.
Mr. Applegate clarified that there is a difference in access and the property owner does have legal access to their property. Mr. Davidson replied it is just not from the portion of subject right-of-way that they are talking about today.
Chairman Carey inquired if the person who has objected has gotten their C.O. on their property, which Mr. Davidson responded they have. Chairman Carey questioned that they got a C.O. without having their plantings completed as a requirement of their Water Management District permit, and Commissioner Dallari asked how that was possible. Mr. Davidson responded that they would have to ask the Water Management District. The plantings have been put in; but as far as maintaining the plantings, he is not sure how they were supposed to maintain them. Chairman Carey commented that, usually in a conservation easement, you aren't getting in it at all; but if you're doing something, it's usually a professional like the Lake Doctor who knows what to do and how to get into it.
Mr. Davidson stated that staff believes the request complies with the requirements for vacating a right-of-way under Section 35.184 of the Land Development Code and the authority of Sections 336.09 and 336.10 of the Florida statutes. Staff recommends the Board adopt the resolution vacating and abating an uncut portion of the Duda Trail Right-of-Way as recorded in Plat Book 2, Page 71 of the public records of Seminole County, Florida.
Chairman Carey inquired about the small area along 426 where it appears the section in between was previously vacated. Mr. Davidson confirmed that it was vacated in 2007. Chairman Carey questioned if there was some reason why they didn't take that section at that time. Mr. Davidson responded that they looked at the minutes and are not sure why they left that section.
Amanda Perry Carl, Corporate Counsel on behalf of the Applicant A. Duda & Sons, 1200 Duda Trail, addressed the Board and introduced Pete Coultas, Senior Director of Engineering and Environmental Compliance for A. Duda & Sons, 1200 Duda Trail. Mr. Coultas addressed the Board and stated that DOT took a little section on either side of the original 30 feet when they widened 426, and Duda has subsequently reacquired that. In an abundance of caution, they are adding to the application that remnant that didn't get addressed in 2007. Other than that, he thinks Mr. Davidson did a fair assessment of their request.
Ryan Stahl, Equinox Development, 630 South Maitland Avenue, addressed the Board and submitted various documents (received and filed). He stated that he is the developer of Oviedo Point, which is the adjacent parcel. Mr. Stahl displayed an aerial photograph and discussed the various properties. He explained that through the development of this project, Oviedo requested that they do a preannexation agreement for access onto Mitchell Hammock. They developed everything except for two remaining parcels in the back. He confirmed that they did receive their site C.O. from the County, and he stated there are plants in the conservation area in the back that they continue to maintain. Mr. Stahl displayed the conservation easement that is through St. Johns and pointed out an area that DOT grants a 5-foot wide access. He stated that the challenge has been to get the boats back there to do maintenance on a quarterly basis, and the only way to access that is through the right-of-way.
Mr. Stahl commented that he and Mr. Coultas have had numerous conversations regarding the land bridge. They had an agreement that they would be able to maintain access to their compensating storage area. Once they learned that the right-of-way was being vacated, he reached out to Mr. Coultas regarding the access, and Mr. Coultas commented to him that he would like to be compensated for access. Mr. Stahl stated he is not here to object against the vacate as much as to ask that some sort of continued access be allowed so they can continue to honor their agreement with St. Johns.
Mr. Stahl displayed an easement that they granted to Seminole County that provides access to the canal. Mr. Stahl stated that he can get to the back by foot but cannot get maintenance equipment back there. He redisplayed the aerial photograph and noted that all of the fields and the pipes terminate into the retention pond in the back, and he displayed a survey that shows the outfall. He is requesting a week or two to sit down with staff and Mr. Coultas to find some sort of easement to continue to have vehicular access to the road.
Chairman Carey clarified that the County has an easement through his property and they can manage to work on both sides of the creek, but Mr. Stahl's contractor can't get access from that easement on his property. Mr. Stahl responded they could not because it's a johnboat, and the only way to access with a johnboat is to go through the right-of-way and then drop it in the back. He noted that the creek is approximately 10 feet deep and is not something that you can jump across. Chairman Carey inquired why the bridge access was removed. Mr. Stahl replied that it was a temporary bridge. The County had requirements that cost approximately $35,000 to make it a permanent bridge, so they decided to remove it. She inquired how much it would cost to reinstall it, and Mr. Stahl responded it would be about another $35,000 to $40,000.
Ms. Guillet asked staff if the billboard property was intervening between the right-of-way and the conservation area, which Mr. Davidson confirmed that it was.
Paul Chipok, Senior Assistant County Attorney, addressed the Board and discussed the surrounding properties and pointed out the area requesting to be vacated. He explained that there is an intervening 10-foot strip parcel going to the billboard that is in between Mr. Stahl’s parcel and the vacate request. Chairman Carey confirmed with Mr. Chipok that it is Baumgardner who would have to give permission to Mr. Stahl to access his tract. Commissioner Dallari noted there is another easement from the Wawa site, and Mr. Chipok pointed out and discussed the various easements. Chairman Carey clarified that Mr. Stahl would have access to the tract that needs to be maintained through all of the easements and the Baumgardner tract. Mr. Chipok replied they would have to cross the canal if they were coming in through their own property from Mitchell Hammock. Commissioner Dallari pointed out they don't have to cross the canal if they use the St. Johns easement, which Mr. Chipok confirmed. Chairman Carey inquired if the easements were adequate to provide access, and Mr. Chipok replied that they were from a legal standpoint.
Commissioner Zembower clarified that they would not have vehicular access. Mr. Chipok responded that they can use the easement that they granted to the County to get to the canal. Mr. Applegate pointed out that the property owner who is objecting has legal access to that parcel. Chairman Carey questioned if it was through the billboard easement, and Mr. Applegate responded that it was through their own property. Ms. Guillet clarified that they have to cross somebody else's property to get from the right-of-way to the conservation area, so it's not directly accessing via the right-of-way.
Chairman Carey inquired if the bridge over the canal was part of their development order requirement. Mr. Davidson responded that the properties were zoned M-1 Industrial before they annexed over to the City of Oviedo, so there was no development order from the County associated with their approval. Chairman Carey questioned if it was always a temporary bridge. Mr. Chipok responded that it was built as a temporary canal crossing so they could do the site work in the conversation area. He stated that prior to getting a C.O. on the property, the temporary crossing was not built to the County's engineering standards. They had the option to build it to engineering standards to keep it, but they chose not to. He added that the access issue is their own creation.
Commissioner Zembower commented that this project came through when he was chairman of Planning and Zoning. It became very apparent that it was going to be annexed into the City of Oviedo, and the County and City of Oviedo do not have a JPA.
With regard to public participation, no one in the audience spoke in support or in opposition of Item #31 and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-38 vacating and abandoning an uncut portion of the Duda Trail right-of-way as recorded in Plat Book 2, Page 71, of the Public Records of Seminole County, Florida, for property located on the south side of Mitchell Hammock Road and east of SR 426, Oviedo, Florida, as described in the proof of publication.
Districts 1, 2, 3, 4 and 5 voted AYE.
Commissioner Zembower stated that he made a site visit to the Kansas Street drainage canal in Black Hammock where Public Works has been able to get the canal way serviced and get access through property that was the subject of litigation 15 to 17 years ago and had never taken place. He commented that that will be helpful for the citizens in the Hammock from a drainage perspective, as well as allowing the County to get access on an ongoing basis to maintain and service that moving forward.
Commissioner Zembower stated he attended the groundbreaking for the Cancer Specialists & Research Center in Lake Mary that will bring cutting-edge technology to local citizens. It is anticipated to be open and operational in early 2020.
Commissioner Zembower met with the state legislature one-on-one and voiced concern about Home Rule and how important it is to the County, especially those in the rural area.
Commissioner Zembower met with the Historical Society and will be working with staff to try to accommodate a revised Memorandum of Understanding for Mr. Nygren's buggy collection. He will also be working with staff to try to facilitate getting it placed in a permissible and reasonable complex for storage. They are looking at the old David Maus dealership property.
Commissioner Zembower stated that Mike Hattaway has resigned from the Board of Adjustment, and he would like to appoint Jim Hattaway to complete his term.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to appoint Jim Hattaway to the Board of Adjustment.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve appropriate Resolution #2019-R-39 recognizing Mike Hattaway for his service on the Board of Adjustment.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Zembower stated he attended a Sanford commission meeting and had a quick discussion with them. He is slowly attending all the city commission meetings or council meetings that are around the county. It seems there is a lot of willingness to work with the cities and counties.
Chairman Carey stated she had follow-up questions for Commissioner Zembower. She was out on Lake Jesup a week or so ago and noticed some construction of buildings going on along the south shore to the east of the Black Hammock Fish Camp. She inquired of Commissioner Zembower if he knew anything about that. Commissioner Zembower responded that when he was on the Kansas Street site visit, he stumbled upon a wetland that appears to have at least 8 feet of construction debris dumped in and filled upon for the attempt to appear to build. He stated he has discussed that with staff and had staff go out there. They have asked the State to go look at it as well. On the other side of that, there are 12 to 15 shipping containers stacked approximately three tall that have been built into some kind of living structure that is neither permitted or permissible.
Chairman Carey commented that she had a briefing with one of the Friends of the Wekiva and asked him if he was familiar because he was involved with AquaFiber, who is also on the south shore, and he responded that there is some kind of federal program that has some kind of competition going on. He thought maybe it might have something to do with that, but he didn't really think they were constructing buildings. Commissioner Zembower replied that he thought they may be the structures they discovered and staff has already started to look into that.
Commissioner Dallari stated that he had previously requested a work session regarding code enforcement and inquired about the status of getting that scheduled. Ms. Guillet responded that it is on the list.
Commissioner Dallari commented that Angie Romagosa retired from the Christian Sharing Center on February 21st with 33 years of giving to Seminole County and Central Florida communities. He expressed his appreciation for her service.
Commissioner Dallari stated several of the residents on Mikler Road have contacted him because they want to connect to potable water from the County; but the County is requiring a maintenance bond from them, and the contractor who is putting in the main line doesn't want to include it because he's not responsible as this is a separate contract. He stated if there was no objection, he would request that the County Attorney look at that to see if they can waive the bond requirement and then report back to the Board so they can decide if they want to take any action. Chairman Carey confirmed with Commissioner Dallari the maintenance bond is for two years following construction. Commissioner Dallari added that it is just for the small lateral from the main back to their home. Chairman Carey inquired if each homeowner was being required to have a maintenance bond to connect, which Commissioner Dallari stated that he would like to let staff research the issue. Mr. Applegate replied that they would look into it.
Commissioner Dallari commented that they extended or amended the concessionaire at the Sports Complex under Agenda Item #22. He would like for them to look at that. He believes it was appropriate that they extended it at this past consent agenda. He mentioned that concessions are going to be changing in the upcoming years. He would like staff to look at what the concessions are, what changes they should be making, how they move forward with the different things that are happening in the industry, and then report back to the Board if that is appropriate.
Commissioner Constantine stated he attended a Wekiva River Basin Commission meeting at the Wekiva Springs State Park. He mentioned that the DOT is committing that the Wekiva Parkway will be completed by no later than the end of 2022. It was previously 2021, but there was a holdup with permitting that had to do with the federal government which delayed it approximately six months. He noted that the most "disrupting" portion of that road will be occurring in Seminole County in the very near future. He believes it is incumbent upon all of them to be aware of who the FDOT contacts are and be ready to potentially receive a lot of phone calls, address them, and bring them to DOT for their response.
Commissioner Constantine stated that last year the Governor and the legislature approved a budget item for about $50 million in springs protection; and those dollars, although allocated and committed to certain projects, have not been released. The reason they have not been released is it had to come back and be approved by the Legislative Budget Commission. He stated that he did not recall from when he served on the Legislative Budget Commission that anything that had already been approved, budgeted, and committed had to come back for release. He stated this was a concern to the St. Johns and the DEP because they both wanted the dollars to be used, and some of those dollars are going to the Wekiva. It was on the budget agenda a few months ago, it was taken off, and it was not subsequently put on the next agenda. There are a number of questions which hopefully will be directed to the State’s DEP office so that they can get that addressed and get the money released.
Commissioner Constantine stated there will be a LYNX Board meeting on February 28th, and there will be some changes being made at LYNX. Commissioner Dallari commented that the reports from LYNX have come in, and he has more questions. He is still convinced Uber is the way to go. Chairman Carey stated they are going to need to look at LYNX because they pay for what they have requested. A discussion ensued regarding the LYNX routes. Commissioner Constantine commented that the LYNX board is committed to making some very direct and important changes. He explained that the federal government will not reimburse for Lyft and Uber because their drivers are not meeting the required drug criteria.
Commissioner Lockhart announced that she and her aide spent the day visiting different fire stations in Battalion 2. She stated that she learned a lot and expressed her appreciation to Chief Oaks, Battalion Chief Baumgart, and all the men and women of the fire department.
Commissioner Lockhart stated that she attended the Community Food Pantry groundbreaking and ribbon cutting at the Health Department last week. It is a partnership between County government, the School District, Goldsboro Elementary, Second Harvest Food Bank, The Christian Sharing Center, and other private and public partners. The Board allocated $25,000 to reopen the food pantry at the Health Department. Farm Daddy worked to get all of the facilities needed to have a vegetable garden, and they are working with the Goldsboro Farmers Market.
Commissioner Lockhart announced she attended the Seminole State Foundation Dream Gala, which is the foundation's largest fundraiser each year. As a trustee at Seminole State and a member of their foundation board, she thanked the Board for being in attendance.
Commissioner Lockhart announced that Seminole County Public Schools will be hosting a teacher job fair on March 9th at Oviedo High School from 9:00 until 2:00 and encouraged anyone that was interested in becoming a teacher to attend.
Commissioner Lockhart noted that Seminole County Public Schools would be hosting a School Safety and Mental Health Summit at Lyman High School on February 28th from 6:00 until 7:00. She stated that the Board has made a tremendous commitment to school safety by partnering with the sheriff's office to have a school resource deputy at every single school.
Chairman Carey stated she has had a number of calls recently from the Sylvan Lake community. They are being impacted right now by the Wekiva Parkway. She noted that all of the land between International Parkway and I-4 that used to be a forest and a couple of creeks has been cleared, and that is where the Wekiva Parkway will come into the current parkway. She commented that the new highway patrol station is now visible.
Chairman Carey expressed her appreciation to Chief Oaks, Seminole County Fire Department, and Sanford Fire Department who participated, along with the Red Cross, to install smoke alarms in the homes of District 5 communities.
Chairman Carey gave an update on the Expressway Authority. They recently had their board elections. Jay Madara, who is the Governor's appointee, has been moved into the Chairman's position, Chairman Carey was elected as Vice Chairman, and Buddy Dyer will serve as Treasurer. They also recently made appointments to MetroPlan Orlando. Fred Hawkins will continue to serve as the Expressway Authority representative on MPO. Michael Scheeringa will serve as the alternate for the MPO. Leslie Campione, who is the chairman of the Lake County Commission, was appointed to the Lake-Sumter MPO. Chairman Carey mentioned the Expressway Authority also does an annual customer satisfaction survey and she shared the results of the survey.
Chairman Carey stated that the Board had requested at the Mobility Fee work session that it be brought up at the Mayors and Managers meeting about having a work session with the cities. When they brought it up, they found out that Altamonte Springs adopted a mobility fee about two years ago and Casselberry has adopted one as well. In the discussion among the cities, they all agreed they would like to be involved in the discussion and they would like to appoint someone from their staff. They discussed having the technical committee convene, come up with some ideas, brief their boards, and then have a workshop. She knows that the Board had talked about a shorter schedule, but she thinks the schedule will get pushed out a little further if they include the cities. She questioned the Board if they still wanted to include the cities in the mobility discussion.
Commissioner Dallari responded that he thinks it is important that they include the cities in the discussion. He would like for a schedule to be put out so that everyone understands the time crunch they are under so they can adhere to that schedule and deadlines.
Commissioner Lockhart commented that she agrees it is imperative the cities be involved. She thinks it would be helpful if they could see the timeline of things that are coming up. Ms. Guillet responded they are going through the Land Development Code and the County Code now for impact fees and anything else that might be a time trigger. Commissioner Lockhart replied that they need to have some urgency and feels like they are "stuck in first gear" on some things. She would love to see them get moving, but not at the expense of cutting the cities out of the discussion.
Commissioner Zembower concurred that the cities need to be included. He is concerned that they do not appear to have a matrix that can support any fee, and he thinks it is important that that matrix be looked at very closely. He commented that perhaps it made sense to be looking at the matrix or supporting what the fees ultimately could be running simultaneously with keeping the cities involved with the process of how they ultimately move forward. Two cities are already ahead of them in that process. He doesn't know that they can truly support a direct matrix of those fees and how that ties to what those people are actually going to be paying for. Ms. Guillet replied that the entire focus of the mobility effort is to see what their needs are and to form a basis for establishing a mobility fee, and that will be the crux of the discussion with the cities as well.
Commissioner Constantine stated, since two cities have already done this, they could be used as a guide with what the County is doing. Chairman Carey replied that what fits the city may not fit the county jurisdiction. Because they do have some deadlines coming up on impact fees, sales tax, all of the things that they have to prepare for years in advance, how they are going to address the transportation needs of the future. She would like to see a pretty aggressive calendar of things. She commented that the city mayors indicated that it was an important issue for them. She thinks that if it is important to them and it is important to the County, it will become important to staff to move at a faster pace. She opined it will take maybe three or four months for the technical committee to workshop, get their boards briefed, and then five months from now the Board can be having their workshop.
Chairman Carey stated there is a vacancy on the Value Adjustment Board that they need to take action on at this board meeting. The three candidates are Sean Barth, Harry Ellis, and Sandra Solomon.
Motion by Commissioner Lockhart, seconded by Commissioner Zembower, to appoint Sean Barth to the Value Adjustment Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey stated that she received information from the Alliance for Regional Transportation, ART, a subcommittee under the Orlando Economic Partnership. They are asking the Chairman or designee to serve on that board, and she is appointing Commissioner Amy Lockhart to be the representative on the ART board.
Chairman Carey mentioned a report from the International Council of Shopping Centers, which is an article about public transit linked to retail development and TOD development. In the report, one of the comments that they make is that public transportation systems are declining according to the American Public Transportation Association. And one of the reasons for that is because of the increase in ridesharing services like Uber and Lyft. She mentioned that some cities in the county are participating in partnerships with Uber and others.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM THE CHAIRMAN’S OFFICE
The following Communications and/or Reports were received from the Chairman’s Office and filed:
1. Letter and attachments dated February 7, 2019, to Chairman Carey from Luis Rodriguez, FEMA, RE: Case No. 19-04-1822A. C: State/Commonwealth NFIP Coordinator; Community Map Repository; Region; Mr. Phillip Hollis.
2. Letter dated February 12, 2019, from Chairman Carey to Joe Avallone RE: ratifying his appointment by the SCPS Board to the Value Adjustment Board for a one-year term effective immediately.
3. Letter and attachments dated February 13, 2019, to Board of County Commissioners from Traci Houchin, City of Sanford City Clerk RE: Annexation Ordinance No. 2019-4494.
4. Letter and attachments dated February 13, 2019, to Board of County Commissioners from Traci Houchin, City of Sanford City Clerk RE: Annexation Ordinance No. 2019-4497.
5. Letter and attachments dated February 13, 2019, to Board of County Commissioners from Traci Houchin, City of Sanford City Clerk RE: Annexation Ordinance No. 2019-4498.
6. Letter and attachments dated February 14, 2019, to Board of County Commissioners from Traci Houchin, City of Sanford City Clerk RE: Annexation Ordinance No. 2019-4495.
COUNTY ATTORNEY’S REPORT
Mr. Applegate stated that they are going to request an Attorney General opinion on the use of TDC funds for FAM trips.
ITEMS FOR FUTURE AGENDA
Gabrielle Milch, 252 Coble Drive, addressed the Board on behalf of the League of Women Voters of Seminole County. She announced a solar co-op they are starting and provided information on solar use. She invited the Board to an information session at Seminole State College in Altamonte on Tuesday, March 12th, at 6:30 p.m. (Public Comment Form received and filed.)
Bill Hyde, 2379 Audley Street, addressed the Board and stated he attended the meeting because of the Duda right-of-way. He commented that had the County had a JPA with the City of Oviedo, this issue might not have happened. He recalled that he had spoken at a previous meeting about obtaining a JPA with the City, and he stated they still needed a JPA. Commissioner Zembower responded that there is a lot of willingness with the Board, but getting the cities on board is a whole different ballgame.
Commissioner Dallari requested that Chairman Carey write a letter to the mayor of Oviedo to ask if they would be willing to do a JPA. Chairman Carey responded that she would be happy to write the letter. The County Manager has reached out to the city manager and they've had discussions in Oviedo, but she will write a letter to that effect that they would like to try to formally move forward with a JPA and see if she can get a response.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:37 p.m., this same date.