BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
March 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, March 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 Terri Porter
Commissioner Lockhart gave the Invocation. Commissioner Zembower led the Pledge of Allegiance.
The Business Spotlight video for Global Mattress was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1226
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt a Proclamation declaring March 15th as American Legion Centennial Day in Seminole County, Florida.
Districts 1, 2, 3, 4, and 5 voted AYE.
Peter Gregory, American Legion Post 243 Commander, addressed the Board to express his appreciation.
Agenda Item #2 – 2019-1241
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation recognizing Major Edward G. Izbicky as the March 2019 Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Major Edward G. Izbicky, U.S. Air Force Retired, addressed the Board to express his gratitude.
Agenda Item #3 – 2019-1242
Mike Orlando, Bear Coordinator with the Florida Fish and Wildlife Conservation Commission, addressed the Board and presented the Urban Bear Management Update (included in the Agenda Memorandum).
Commissioner Constantine stated one of the challenges with the bear-proof cans is that they have greater demand than they have availability. Jeff Waters, Division Manager for the Solid Waste Management Division, addressed the Board to advise they have about 350 bear-proof containers still available; however, there is demand for many more than that. They are working through the process to ensure the HOAs and neighborhood groups are meeting the guidelines of the program, which takes some time. They have approximately 2,000 requests for the containers and he knows there are many more anticipated.
Commissioner Dallari said he thinks they need to expand their program to the eastern part of the county. Per Chairman Carey’s request, Mr. Orlando advised the home range for a male black bear, where they travel doing their daily business, is roughly 60 square miles on average. Females have smaller home ranges, around 12 square miles, so a male bear can fit a number of females inside his home range.
Chairman Carey asked about the partnership with the Zoo and their educational program, and Mr. Orlando responded the Zoo is doing an amazing job and then described the bear exhibit. He talked about the program and the voluntary aspect of it per Chairman Carey’s request. He expressed the way Seminole County adopted the Ordinance was very smart and they recommend the same for others throughout the state. Commissioner Lockhart noted they talked about Oviedo reaching out to the County and wondered if they have talked to Winter Springs or are they just reacting because Oviedo reached out to them. County Manager Ms. Guillet replied they have not had discussion with Winter Springs; they have been working with Oviedo. She added they have not yet discussed Mr. Orlando’s proposal for the new area. If the Board decides they want to head in that direction, they will have a conversation with Winter Springs, if not to bring them into the fold, to at least let them know what is going on and what the consequences might be.
Chairman Carey expressed she’s learned that when one neighborhood secures their garbage/attractants, the bears will just go to the adjacent neighborhood. She wondered if they are just pushing them from one area to the other by putting these programs in specific places. She thought they should maybe look at a global approach with all the cities and the county because it is really about securing your garbage and not necessarily having to have a bear-proof container. They saw that when they adopted the bear management area. Apopka immediately had a problem because the bears just continued to go a little further to where the garbage was unsecured. Mr. Orlando noted Apopka has now adopted the same program. Chairman Carey said she feels it would be nice to have a bigger discussion along with a funding plan about how they could possibly approach this.
Commissioner Constantine stated he thinks this is about education. He added the bear exhibit has become the Zoo’s number one attraction. He noted they should do the same thing on the east side of I-4 and make it site specific and not city specific. Commissioner Zembower commented he grew up with bears in the rural area and opined this is a deeper problem than just education and maintaining their garbage. He wanted to know about habitat, sustainability and foraging, and what that means for a bear population. Mr. Orlando responded that habitat loss and fragmentation is a big issue for all wild animals, not just bears. That starts with smart development and appropriation of wild lands in perpetuity. They have enough land and food out there for the current population of bears. As bears and humans expand, the 2060 Report predicts what is going to happen by 2060, and it is pretty bad. There is a lot of lost habitat and fragmentation associated with that without smart development rules and regulations. Commissioner Zembower pointed out they have Volusia County with their development to the north and the Deseret development starting to the south in Orange County, so they will now be pushing into the vacant land in Seminole County. He thinks they need to look at this long-term because it is a bigger discussion than just expanding this area. How do they maintain the habitat and how do they stop the illegal harvesting of the saw palmetto berries that eliminates that food source.
Commissioner Dallari asked Mr. Orlando if he would get them maps showing the direction that the bear population is expanding. He thinks they need to be talking to the surrounding counties about doing a multi-jurisdictional bear habitat. Mr. Orlando answered he can definitely get them a range map and what they see as the expansion. Commissioner Dallari added they need to educate the public about the fact that harvesting palmetto berries on state land is illegal and authorities should be notified if someone sees that happening. Commissioner Constantine expressed that a lot of this was talked about when they were developing the ordinance, and at that time they learned that with less food sources and less habitat, the bears naturally control their own population. Mr. Orlando expounded on that information.
Commissioner Lockhart wondered if there are still 2,000 people out there who want bear-proof cans and the County only has 400, where else might someone be able to get one. Mr. Orlando advised that a community as a block could order directly from the company without any subsidy. Ms. Guillet mentioned they are also available at hardware stores. Commissioner Lockhart asked if the County has any money budgeted currently that offers additional subsidy or is the only subsidy through FWC. Ms. Guillet indicated it comes through the grant money and they subsidize a portion of the cost, so they get a little money back and they put that back into the kitty.
Commissioner Lockhart commented they are hearing about coyotes and there has been a lot of ugly interaction with small pets being devoured. She thinks that might be another topic to discuss in the future.
Chairman Carey recounted this whole conversation really started because this county had the first bear-human conflict in the state, and about one-third of the county is in the rural area.
A Guide to Living in Bear Country distributed by FWC was received and filed.
COUNTY MANAGER’S CONSENT AGENDA
Chairman Carey advised both Items #4 and #4A are going to be pulled and continued. She explained Item #4 is the property management agreement to take some of the affordable housing stock, turn it over to a property manager, and 20 years from now, give them the inventory. One of her questions is they are having other conversations about how to build their inventory of affordable housing, and if they continue to give it to others and then ten years after that it doesn’t have to be in the system anymore, what are they really doing long term, big picture. One of the reasons this item is being pulled is to look at what other people are doing and how they really preserve that.
Chairman Carey further advised Item #4A is being pulled because the State has changed the requirements for the Affordable Housing Advisory Committee. This item was recommending 11 members; they only require 8 now and 6 of them have specific requirements, so this is going to come back along with an Administrative Code change that will change their code to line up with the State’s 8-member board.
The County Manager announced that Item #11 regarding an EMS Trust Grant for the purchase of a SimBaby Simulator Manikin will be brought back at a later date. Commissioner Lockhart requested that Item #5 be pulled for separate discussion.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize and approve the following:
4. Pulled from the agenda request to an Agreement and Master Lease with Grand Avenue Economic Community Development Corp. to provide property management for affordable rental housing for households experiencing homelessness in Seminole County. (2019-1230)
4A. Pulled from the agenda request to approve a Resolution appointing 11 new members of Seminole County’s Affordable Housing Advisory Committee (AHAC) as required by Chapter 420, Part VII, Florida Statutes, including Chapter 420.9076 of the Seminole County Code of Ordinances, and Section 4.4 of the Seminole County Administrative Code. (2019-1260)
Community Assistance Division
5. Pulled for separate discussion by Commissioner Lockhart.
Library Services Division
6. Approve and authorize the Chairman to execute an Entertainment Services Agreement with Kinetic Arts and Theatrical Sciences, LLC d/b/a Mad Science of N.E. Central Florida in the amount of $3,468 to provide children’s programs at the branch libraries as part of the Summer Reading Program. (2019-1236)
7. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-40 accepting Warranty Deeds related to drainage improvements and continued maintenance of Virginia Avenue, south of East Hillcrest Street, donated to Seminole County by Winnifred Gladys Joy Haeling, as surviving sole Trustee of the Revocable Trust of Henry and Winnifred Haeling; Barbara Rothman and Bonnie M. Rothman; Neil Jose Regalado, Scott Sheldon; Steve and Linda Sheldon; Charles and Joan Clow; Eva K. Szollosy; James and Noreen Aring; Bonnie M. Rothman; Jorge and Michelle Lores; John and Sylvia Cowras; and Michael and Janice Davis. (2019-1224)
Traffic Engineering Division
8. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-41 accepting a Locally Funded Agreement between Seminole County and the State of Florida Department of Transportation (FDOT) in the amount of $174,738 for the upgrade of a traffic signal from concrete strain poles to painted mast arm structures on SR 15/SR 600 (U.S. Hwy 17-92) at Airport Boulevard. (2019-1228)
Budget and Fiscal Management Division
9. Approve and authorize the Chairman to execute a Grant Agreement with the Florida Department of Environmental Protection (DEP) in acceptance of $500,000 to conduct the Wastewater Treatment Feasibility Analysis for the Wekiva Basin; and to execute appropriate Resolution #2019-R-42 implementing Budget Amendment Request (BAR) #19-034 in the amount of $500,000 to establish funding. (2019-1222)
10. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with FEMA through the Florida Division of Emergency Management, Hazard Mitigation Grant Program, in acceptance of $442,500 for the purchase of two (2) portable generators for emergency shelters; and appropriate Resolution #2019-R-43 implementing Budget Amendment Request (BAR) #19-035 in the amount of $442,500 and $147,500 in matching funds from General Fund Reserves to establish project funding. (2019-1233)
11. Pulled from the agenda request to approve a Resolution implementing Budget Amendment Request (BAR) #19-036 in the EMS Trust Fund to budget $4,721 in interest earned and moving $76,699 in 2017/18 remaining grant balance for a total of $81,420 to the 2018/19 EMS Trust Grant for the purchase of a SimBaby Simulator Manikin and PulsePoint with VR capital software module. (2019-1232)
12. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-44 implementing Budget Amendment Request (BAR) #19-037 through the 2001 Infrastructure Sales Tax Fund in the amount of $490,000 from Reserves for the Howell Creek Erosion Project. (2019-1237)
Purchasing & Contracts Division
13. Award RFP-603308-18/BJC - Disclosure Counsel Services Agreement to Holland & Knight LLP, Lakeland (Blended Hourly Rate of $250); and authorize the Purchasing & Contracts Division to execute the Agreement. (2019-1231)
14. Approve Work Order #8 (Wekiva Priority Focus Area Septic Tank Remediation Plan and Wastewater Treatment Feasibility Analysis) under PS-1822-18/TAD (Continuing Engineering Services for Utilities Improvements) with Reiss Engineering, Inc., Winter Springs, in the amount of $153,802.54; and authorize the Purchasing & Contracts Division to execute the Work Order. (2019-1227)
15. Approve the ranking list, authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute two (2) Master Services Agreements (MSAs) for PS-2266-19/RTB - General Transportation Planning Services Agreement. (Estimated Annual Usage $450,000) (2019-1225)
16. Approve Change Order #2 to CC-0892-16/AEH - Howell Creek at Red Bug Lake Road Improvements - Segment 1 in the amount of $442,824.87; add an additional four hundred twenty-nine (429) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order. (2019-1234)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #5 – 2019-1243
With regard to an agreement with HSN for case management services, Commissioner Lockhart questioned how many case managers they currently have through this process. Carrie Longsworth, Community Assistance Division Manager, explained this funds one case manager with the funds they receive from Continuum of Care through HSN. Every year they apply for funding with CoC and this is a renewal of a position they already have in play, so this will continue to support 18 to 20 rapid rehousing families.
Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute an Agreement with the Homeless Services Network (HSN) of Central Florida, Inc. for HUD Continuum of Care (CoC) program grant funds in the amount of $35,457 to be used for housing stability case management services for homeless families in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
With regard to public participation, no one in the audience spoke in support or opposition to the Consent Agenda, and public input was closed.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve the following:
17. Approve Expenditure Approval List dated February 18, 2019; and the BCC Official Minutes dated January 22, 2019. (2018-1229)
Districts 1, 2, 3, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. ESG Subrecipient Agreement with Community Initiatives, Inc., for Program Year 2018-2019; as approved by the BCC on 7/24/18 under the 2018-19 One-Year Action Plan.
2. Homlessness Partnership Agreement with Pathway Homes of Florida, Inc., for Fiscal Year 2018-2019; as approved by the BCC on December 11, 2018.
3. Amendment #1 to USDA NRCS Notice of Grant and Agreement Award NR184209XXXXC016 (End date extension).
4. Bill of Sale accepting water and sewer systems for the project known as Whitetail Run; Taylor Morrison of Florida, Inc.
5. Recording of Plats and Title Opinion for Seminole Drive Addition.
6. Maintenance Bond #SU1153561 (Water and Sewer Facilities) for Whitetail Run in the amount of $40,915.80; Taylor Morrison of Florida, Inc.
7. Cash Maintenance Bond (Water and Sewer Improvements) and Maintenance Escrow Agreement for the project known as FSER-International Parkway Medical Center in the amount of $13,637.41; JPM AA Housing, LLC.
8. Cash Maintenance Bond (Water and Sewer Improvements) and Maintenance Escrow Agreement for the project known as Brighton Estates in the amount of $5,205; Sun-Tec Builders, Inc.
9. Maintenance Bond #SUR0048103 (Water and Sewer Facilities) for Orange Creek in the amount of $25,229.98; M/I Homes of Orlando, LLC.
10. Parks Contracts for Services (2) with Joleen Mekarski and Leslie Hunter.
11. Tourist Tax Funding Agreement with Spring Break Sports, Inc., for Spring Break Tennis.
12. Tourist Tax Funding Agreement with The Central Florida Sports Commission, Inc. d/b/a Greater Orlando Sports Commission for NCAA DII Men’s and Women’s Tennis Championship.
13. Change Order #1 to Work Order #21 to CC-0559-15 with CFE Corp.
14. Work Order #2 to PS-0801-16 with Geosyntec Consultants.
15. Change Order #2 to Work Order #8 to RFP-1294-17 with Blackstreet Enterprises.
16. Amendment #1 to M-1696-17 with Killebrew, Inc.
17. Work Order #4 to PS-1822-18 with CH2M Hill Engineers, Inc.
18. Amendment #1 to PS-1822-18 with CH2M Hill Engineers, Inc.
19. Work Order #7 to PS-1832-18 with CDM Smith, Inc.
20. Solid Waste Management Master Plan Agreement PS-2101-18 with HDR Engineering, Inc.; Ranking List approved by the BCC on January 8, 2019.
21. Amendment #9 to Work Order #108 to PS-5120-02 with Atkins North America, Inc.
22. Work Order #3 to PS-1822-18 with CH2M Hill Engineers, Inc.
23. CC-1893-18 Mutual Termination Agreement with TDH Construction, Inc.
24. CC-1968-18 Mutual Termination Agreement with TDH Construction, Inc.
25. CC-2042-18 Mutual Termination Agreement with TDH Construction, Inc.
26. Change Order #1 to CC-2037-18 with Chinchor Electric, Inc.
27. Amendment #1 to IFB-602963-17 with FWT Services, Inc. d/b/a Flying Window Tinters.
28. Amendment #13 to RFP-600933-10 with Konica Minolta Business Solutions U.S.A., Inc.
29. Amendment #2 to IFB-603175-18 with EarthBalance Corporation.
30. IFB-603338-18 Term Contract for EMS Pharmaceuticals with Florida Discount Drugs, Inc. d/b/a Taylors Pharmacy.
31. IFB-603355-18 Contract for Aeration Systems and Fountain Systems in various ponds at Rolling Hills with Vertex Water Features, Inc., a division of SOLitude Lake Management, LLC.
32. Amendment #2 to Work Order #83 to PS-8148-12 with CDM Smith, Inc.
33. Amendment #1 to Work Order 85 to PS-8148-12 with CDM Smith, Inc.
34. Amendment #1 to CC-9184-13 with Driveways Inc., d/b/a Affordable Dev. Water, Sewer, Drainage.
35. Change Order #4 to Work Order #15 to CC-9184-13 with Driveways Inc., d/b/a Affordable Dev. Water, Sewer, Drainage.
36. Bids as follows:
IFB-603355-18 from Clark Aquatic Services, Inc. (withdrawn); Crosscreek Environmental, Inc.; Charles Aquatics, Inc.; Superior Waterway Services, Inc.; Vertex Water Features- A Division of SOLitude Lake Management, LLC;
CC-2234-19 from Playmore West, Inc.; The Watauga Company; Bliss Products and Services, Inc.; EPS Contractor Group, Corp.;
IFB-603366-18 from Growth Products, Ltd.; Diamond R Fertilizer Co., Inc.; Harrell’s LLC; Helena Agri Enterprises, LLC; Howard Fertilizer & Chemical Co., Inc.; NaturChem, Inc.; SiteOne Landscape Supply, LLC; and
RFP-603383-19 from Cody & Associates, Inc.; Diane Meiller and Associates, Inc.; Evergreen Solutions, LLC; Management Advisory Group International, Inc.; MGT of America Consulting, LLC; The Segal Company (Western States) Inc. d/b/a Segal Waters Consulting; Springsted Human Capital Advisors, Inc.
Agenda Item #18 – 2019-1198
Patt Hughes, Code Enforcement, addressed the Board to present a request to consider a reduction of the Code Enforcement Special Magistrate lien of $24,100 to the administrative costs for Case #17-57-CESM, on the property located at 2348 Irish Bank Court, Oviedo, Tax Parcel No. 32-21-31-501-0000-0290; David Luddy, Applicant. Ms. Hughes reviewed the timeline as outlined in the Agenda Memorandum.
Ms. Hughes reported a permit had been previously issued but was voided due to lack of activity. On January 7, 2017, James F. Luddy passed away and the Applicant’s brother was residing at the property handling any maintenance issues. A building inspector requested a continuance to the special magistrate hearing and an order was issued giving the respondent until September 14, 2017, to comply. No permit was obtained and an order was issued constituting a lien. The Applicant’s brother passed away on September 28, 2018. A permit was issued on January 9, 2019, for the electrical work that had been done, and on January 28, a request for the reduction waiver of lien was received from Mr. Luddy. Mr. Luddy was unaware of the issue with the outstanding violation but as soon as he became aware of the issue, he immediately initiated the process to bring it into compliance. Ms. Hughes indicated staff recommends approval.
Commissioner Dallari noted this is an extraordinary situation with two deaths. The son who is requesting the reduction was living out of state, and once he became aware, he applied for the proper permit and resolved the issue as soon as possible.
With regard to public participation, no one in the audience spoke in support or opposition, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve a total reduction of the Code Enforcement Special Magistrate lien from $24,100 to $0 for Case #17-57-CESM, on the property located at 2348 Irish Bank Court, Oviedo, Tax Parcel No. 32-21-31-501-0000-0290; and authorize the Chairman to execute a Release of Lien; James F. Luddy (deceased owner), David Luddy, Applicant.
Commissioner Zembower stated this brings up something not specific to this issue but to Code Enforcement in general. There is a case in his district that has been ongoing for 14 years. They have citizens who have reached out to his office about a neighbor who is in violation and has been cited by the County. And years later the illegal structure still exists. He expressed he does not know what the answer is but will be looking into it. He said he understands people have rights and there is a process to go through, but he has a hard time believing that it takes years to get a structure removed that is either not permitted, not allowed, or non-conforming when it is erected illegally to start with. In this case, he agrees with Commissioner Dallari, but he thinks Code Enforcement truly needs to be looked at inside and out to see if they can expedite some of these issues.
Commissioner Constantine added he always questions the administrative costs because they seem very low because of all the days people have to go out and inspect, etc. Since they are talking about this, it might be something they should look at to see if they are really covering all the costs when they calculate the administrative costs. Chairman Carey remarked they can certainly take a look at the entire program to see how they can streamline it because they owe that to their citizens. Commissioner Dallari pointed out that is the reason he wanted to do a work session, not just from the amnesty standpoint but to encourage people to actually bring their homes up to compliance. There are some homes that leave the liens on the property because if it stays there for 20 years, the liens go to zero. The last time he looked, there was somewhere around $54 million worth of liens outstanding.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey recessed the meeting at 10:48 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 Terri Porter who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize the filing of the proof of publication for this meeting's scheduled public hearing into the Official Record.
Districts 1, 2, 3, 4 and 5 voted AYE.
DGI PALLET SERVICES SSFLU MAP AMENDMENT AND PD REZONE/
Agenda Item #19 – 2019-0008
Proof of publication calling for a public hearing to consider a Small Scale Future Land Use Map Amendment from Commercial to Planned Development, and a Rezone from C-2 (Retail Commercial) to PD (Planned Development) for commercial and light industrial uses on approximately 2.12 acres, located on the north side of East SR 46, ¼ mile west of Beardall Avenue, Rafael Gonzalez, received and filed.
Joy Giles, Planning & Development, addressed the Board and presented the item as outlined in the agenda memorandum. Ms. Giles added there is a vacant residential lot directly north of Parcel B; therefore, the outdoor storage is required to be completely screened from view. The developer proposes a ten-foot-high chain-link fence with opaque inserts and landscaping to be installed on the outside of the fencing. She explained the site is located within the Midway-Canaan water service area and the City of Sanford sewer service area. The staff report states that sewer is not currently available; however, that is incorrect. Sewer is available in that area, and the Applicant will be required to go through the City for those approvals. Ms. Giles advised staff recommends approval.
Commissioner Constantine asked if the City of Sanford has an agreement where if they get the sewer and they want them to annex, that they have to annex. Ms. Giles answered that has been her understanding in the past; however, the Applicant informed her that he spoke with Richard Blake, City of Sanford, earlier today and Mr. Blake said they would not have to go through the City for water. Chairman Carey clarified they will have to connect to sewer, but they’ll have to get it from the City of Sanford and discussed the County’s JPA with the City of Sanford.
Rafael Gonzalez, Applicant, addressed the Board and advised regarding the issue of water and sewer, per his last conversation with Mr. Blake, there are some other issues that they are concerned about at this point in time in terms of what will be the final recommendation because the water services are provided by Midway-Cannan, so if the connection to sewer will have to be done by the City, then it would require to be incorporated into the City of Sanford for both services. Mr. Blake expressed to Mr. Gonzalez that he feels that could be a problem with Cannan. Mr. Gonzalez stated from a developer point of view, they will work with the County, City, and Cannan; whichever one is more convenient. Chairman Carey confirmed with Mr. Gonzalez that he agrees with the staff recommendation.
Commissioner Lockhart stated there were some comments in the Planning & Zoning minutes about a crosswalk or usage between the two parcels. She asked if Mr. Gonzalez had any plans to manage that. Mr. Gonzalez answered there will be no access to clients on the small lot (Parcel B). Commissioner Lockhart confirmed with Mr. Gonzalez that he doesn’t foresee any type of an actual crosswalk between the two parcels.
Wafa Esposito, 5040 Hawks Hammock, addressed the Board and expressed she was interested in what kind of wood processing the company would be doing. Chairman Carey advised it is a reclaimed wood processing center. She suggested Ms. Esposito address the Applicant for further information.
With regard to public participation, no one else in the audience spoke in support or in opposition to this item and public input was closed.
Public Comment Form not received and filed.
Chairman Carey submitted her report for ex parte communication (received and filed).
Motion by Chairman Carey, seconded by Commissioner Zembower, to adopt Ordinance #2019-14 enacting a Small Scale Future Land Use Map Amendment from Commercial to Planned Development, adopt Ordinance #2019-15 enacting a Rezone from C-2 (Retail Commercial) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for 2.12 acres, located on the north side of East SR 46, ¼ mile west of Beardall Avenue, with the caveat that this will connect to City sewer; Rafael Gonzalez, as described in the proof of publication.
Commissioners Dallari and Lockhart submitted their ex parte communications (received and filed).
Under discussion, Chairman Carey stated she would like to have staff go back to the City of Sanford and “flesh this out” because when Midway-Cannan reads the meter for water, they also read the meter for sewer and give that information to the City, and then the City bills for the Midway-Cannan Water Association. So all the Midway-Cannan Water Association is doing is reading the meters and providing the information to the City. Clearly along SR 46 and in the area where the County has provided sewer to the school back there, the County should require sewer connections whenever possible.
Districts 1, 2, 3, 4, and 5 voted AYE.
Meloney Lung, Assistant County Manager, addressed the Board to present the Legislative Update. She stated the Governor has a proposed $91.2 billion spending plan. Some of his initiatives are going to focus on water improvement. He’s requesting $2.5 billion over the next four years for water projects and restoration in the Everglades. Additionally, he’s focusing on some education initiatives; some are replacing Common Core with some other types of educational opportunities, offering scholarships to teachers and tax credits to students. He is looking at possibly working out prescriptions from Canada and transparency on billing on prescription drugs. She indicated House Speaker Oliva also indicated their priorities including healthcare reform and higher education.
Ms. Lung stated as of this morning there were 3,407 bills, and 1,629 were appropriation requests. The County has three appropriation requests with Representative Plakon sponsoring all three bills. She reviewed HB 2135 and noted it is the DJJ Bill. It was passed unanimously by the Justice Appropriation Subcommittee, so it is now in the Appropriations Committee. Ms. Lung discussed HB 3469 and advised they’ve requested $750,000, which will buy approximately 6,000 bear-resistant cans. In regard to HB 4667, Ms. Lung explained that is a $425,000 request for a water project with Lake Jesup Basin with a $425,000 match from the County. Ms. Lung advised there are a lot of bills and they’re not moving much right now; they are doing mostly appropriations. She is watching about 300 bills including HB 3 and SB 1748. Ms. Lung noted SB 1748 could potentially have an effect on the County’s ordinance for retail pet sales. She explained the County wouldn’t be able to control the licensing of it. Nicole Guillet, County Manager, commented the County doesn’t require a separate license for it, but some other local governments do.
Bryant Applegate, County Attorney, stated there’s one bill pending, HB 5, that if it passes in its current form, it’s going to have a possibly dramatic effect on future County development. It’s the proposed amendment to 212.055 on discretionary sales tax. If the bill passes, any future proposed increase in sales tax would require two-thirds voter approval. This would be the first time in the history of Florida that a vote for approval would require two-thirds without first going to the voters to allow for such a process. Also, the proposed initiative would have to go to the Office of Policy Analysis and Government Accountability 180 days before the referendum. They will conduct an audit; they could possibly stop the referendum from occurring. It would require two-thirds vote of the BCC to approve it. His office is working with Ms. Lung on following that.
Chairman Carey stated she found HB 7053 interesting and explained that is the one where if you have a fee for growth and development, they’re requiring that you call it a tax even though it’s being paid by the developer as part of the growth process. Commissioner Lockhart asked if those bills have companions, and Ms. Lung answered HB 3 and HB 5 both do. Commissioner Zembower stated he thinks everyone realized that there was going to be a continued assault on Home Rule. It’s one of the tasks that they’ve given their lobbyists to ensure that the County tries to preserve its Home Rule. The Commissioner asked Ms. Lung to inform their lobbyists about how passionate the Board is about preserving the Home Rule Charter. Ms. Lung replied she will do that. Chairman Carey advised that is one of the top priorities on their legislative list because the entire Board supports sending the message to stop messing with Home Rule.
Ms. Lung indicated there are a lot of bills right now and they’re not moving yet, they’re just sitting there. She advised she will follow-up with their lobbyists. Once the bills start moving in committees, there will be a little more information. She noted she doesn’t have much on Federal right now. Chairman Carey pointed out Commissioner Zembower is going to Washington soon and will be meeting with the County’s lobbyists, so they need to have a list ready. Ms. Lung expressed when she spoke to the lobbyist, he indicated he wanted shovel-ready as well as some that are further out. Chairman Carey reiterated they need to make sure the list is prepared, and Ms. Lung replied she will do that.
DISTRICT COMMISSIONERS’ REPORTS
Commissioner Lockhart stated she felt very good about the discussion that was had at the retreat on March 5 and was proud of the results. She noted they talked about communication being such an important piece of what they’re doing moving forward. They’ll probably need to continue to reiterate what it was the Board endeavored to do at the retreat last week and moving forward as they go on.
Commissioner Lockhart indicated she met with the Community Resource Network regarding affordable housing and some new opportunities that are in the Central Florida area in terms of land trusts. She stated everyone is very excited about the opportunities to redevelop Rosenwald and have it meet the needs of the community as well as meet some affordable housing needs. The Commissioner wanted to learn more about the land trust that has been newly formed in Central Florida and share that she has had a conversation with the Community Resource Network trying to educate herself on what that would look like in case there is any interest on the part of the Board to pursue discussions about finding out what that could be in terms of an option for Rosenwald moving forward.
Chairman Carey asked Commissioner Lockhart if she thought it would be most efficient to have a presentation to the Board, and Commissioner Lockhart answered she thinks it would. Commissioner Lockhart added Mr. Applegate is working on some of the bulleted questions that she asked at the meeting. She thinks a presentation would be really helpful so the Commissioners all have the same information as they continue to talk about affordable housing. Chairman Carey suggested they schedule a presentation and that Mr. Applegate brief the Commissioners in advance about land trusts. Ms. Guillet explained they could do it that way, or since they are having an affordable housing work session, they could do it as part of that work session.
Chairman Carey explained why she would like to understand the land trust concept and reiterated she would like to schedule a public presentation. Commissioner Lockhart advised also related to the Rosenwald property, she has had members of the community ask her what the process is going to be. They haven’t discussed what they plan to have in place in terms of a process for how the County will partner with various organizations in the community. One of the concepts that’s been floated is the idea of the County putting out an RFP, and very specifically identifying what it is the County would like to see happen with that property, and then allowing at least two members of the community who will be served by that community center to sit on the committee to hear the responses to the proposals.
Chairman Carey stated the County’s contract hasn’t been accepted by the School Board yet. Mr. Applegate confirmed as of last week, the County was still waiting on some information from the School Board to complete the contracts. Joe Abel, Interim Deputy County Manager, addressed the Board and stated staff had a couple of questions on clarification on the contract, so they are waiting to hear back from the School Board. Mr. Applegate stated the contracts are prepared, they just have to plug in some more information. Chairman Carey explained once that happens and they get it under contract, they will have some time for due diligence; it’s not like it’s going to happen overnight even once they receive the signed contract. Commissioner Lockhart advised the Board gave very clear direction at the work session that once that occurred, staff was to move at warp speed.
Commissioner Dallari stated when they spoke about purchasing the property, they talked about potential plans and what to use the property for, what the operations and maintenance of that would be, and how they would put those programs together before they actually executed the purchase. He wants to make sure that happens. Chairman Carey pointed out they haven’t received that information yet. Discussion ensued regarding what has been previously discussed as possibilities for the Rosenwald site. Commissioner Lockhart suggested they need a timeline so that the Board and staff are all on the same page about the way they recall the conversations and what the expectations should be in terms of a time frame moving forward.
Ms. Guillet stated she believes staff has provided some recommendations as to what they see as potential uses for the site including community facilities and some affordable housing options. Staff’s understanding from the Board’s last discussion was that they would put some criteria in a general RFP and get the proposals back, then the Board would evaluate which was the most appropriate use of the site. Chairman Carey asked if Ms. Guillet has an RFP drafted, and Ms. Guillet answered no. Chairman Carey advised if they are drafting a contract and they don’t have an RFP drafted for the Board to review, she isn’t sure they would get any response at all in such a short period of time. She added she thinks they need a plan of what they’re going to ask for in an RFP. The Chairman stated if they don’t know what they’re going to do with the property, they should not buy it until they have an idea of what a program would look like. They need a plan and an analysis on the finances, which she thought was the direction from the work session. Commissioner Zembower expressed he thought the direction was to do the due diligence and get it under contract.
Commissioner Lockhart stated the reason she brought up the land trust as something for the Board to become educated about is because that may very well be the direction that the Board wants to go for the Rosenwald property. She thinks having the expectation of an RFP already drafted could be putting the cart before the horse a little bit. She suggested a process initiated by the County Manager to get a timeline of what the process will be so that the Board is clear on the process.
Ms. Guillet reiterated staff has provided the Board with a list of potential uses, and they have received some good feedback on what that was. Now they have another option of a land trust. She opined it’s a great idea to get some members of the community involved in the process. Ms. Guillet stated they can put a plan together and they welcome specific input from the Board.
Chairman Carey stated they want to see a timeline; when is the contract going to be ready, how long is the due diligence, what is the closing date, when’s the program coming, when are they going to have the land trust presentation, when are they going to finalize the plan, and who the partners could potentially be.
Commissioner Lockhart stated an item she would like to discuss is worksite safety plans. She knows there have been some conversations about the County Services Building, but in a lot of the visits that she has done, to the libraries in particular, the concept of having safety plans in place for those employees and the citizens visiting those locations is something she would like to see staff work on. Ms. Guillet advised the Sheriff’s Office has completed the plans for the County Services Building and they are going to be looking at the other sites. She will try to get the Board a time frame on that. Commissioner Lockhart asked that it be communicated to employees that they are working on it.
Commissioner Zembower announced he attended the LGBTQ community meeting to meet local officials. He also met with the Sheriff regarding the opioid crisis for further briefing. He’s asked the Sheriff to consider providing a more in-depth briefing as things progress.
Commissioner Zembower advised he is planning on going to D.C. April 1 through April 5 to meet with the legislators and lobbyists. He would like some consensus on a list of projects that are either shovel-ready or close to it. He believes Ms. Lung knows that the Board wants to try to get some appropriations on some transportation and drainage projects and anything else the Board would want. It’s noted that he’s not asking for the County to pay for his airfare or anything else; he is doing it at his own cost and expense.
Commissioner Zembower announced the various events he will be attending.
Commissioner Zembower indicated the Board gets a summary from staff following the BCC meetings. He would like to get some consensus to request more detail within those summaries such as who is on point and when they are going to get a report back. Chairman Carey asked if the rest of the Board would like to have more detail on the summary. Commissioner Dallari replied within reason. Chairman Carey stated it sounds reasonable so they will be looking for that in the summary follow-up.
Regarding affordable housing, Commissioner Zembower asked if they can use a different term because there is a stigma attached to “affordable housing.” He suggested “workforce housing.” Ms. Guillet advised, in agreement with Mr. Applegate, that they can call it whatever they want, but they will want to define it. Ms. Guillet explained one of the things they are going to talk about at the work session regarding affordable housing is that there are different levels of affordable housing, so it would be helpful to have different definitions for different types of affordable housing because what is affordable to one person isn’t necessarily affordable to another.
Commissioner Zembower stated there’s always a funding aspect. He would like to get some discussion and consensus on a home rental registration and how that could bring a minimum of $2 million of funding for workforce housing. He noted the Property Appraiser has indicated an issue with some homestead exemption fraud of homes that are alleged to be homesteaded when, in fact, they’re not. This process would help flush that out. He asked for consensus for staff to look into it and have a presentation so that the Board could have further discussion on whether or not it is something they’d want to do.
Chairman Carey expressed she believes it is an overreach of property rights, so she would not support a registration of people who want to put their house up for rent. Commissioner Zembower explained why he supports the idea. Commissioner Lockhart indicated if they are looking for consensus, she is kind of in the middle only because she’s willing to hear more about it, but she does tend to lean philosophically toward what Chairman Carey stated. Commissioner Constantine stated he doesn’t see anything wrong with asking staff to look into it and bring it back to the Board. Commissioner Dallari advised in order to make a just decision, they need to have all of the facts; so he would like to have all the facts before he makes a decision. Chairman Carey stated it seems like the majority would like to hear more about it. She suggested when staff brings the information, they should bring all the state laws that deal with short-term rentals as well. Commissioner Zembower asked again for consensus, and Chairman Carey stated she believes there is consensus; she is just asking all the facts be brought back based on the comments that were made.
Commissioner Dallari asked the County Attorney for an update regarding Mikler Road in Oviedo and utility bonds. Mr. Applegate stated he is pleased to report that after extensive research, the owners apparently misunderstood conversations with staff. They are not required to post any type of bond for their connections. His understanding is that information has been relayed to the owners. Commissioner Dallari asked that he submit that to a list of property owners, and Mr. Applegate indicated he would.
Commissioner Dallari discussed the morning’s presentation from the Fish and Wildlife group for urban bear management. He would like to get a timeline for when it may come back to the Board; and Ms. Guillet replied she isn’t sure right now, so they can put it on the follow-up summary and let everyone know.
Commissioner Dallari stated they recently received an update from the Leisure Services Department about the Natural Lands annual report for 2017/2018. He discussed the Natural Lands program and asked about the potential of having a citizens group to help the County vet it and see if there is a need to bring it back and see what they could potentially do by rejuvenating the program to its full state from back in the late ‘90s. Chairman Carey suggested they talk about it at next Tuesday’s retreat. She advised it would be a new tax and the collection of that tax recently sunset a couple years ago.
Commissioner Constantine noted he attended the LGBTQ community meeting with Commissioner Zembower. He also had a Lynx board meeting on February 28. They accepted the resignation of Edward Johnson, Lynx CEO; and as the interim they appointed Jim Harrison of Orange County. They also made sure that the finance priorities for the next few years were in place.
Commissioner Constantine discussed the South Seminole Rotary Club and upcoming future community events.
In regard to trail markers, staff came back with some recommendations and they have recommended trail markers every quarter of a mile on both paved and unpaved trails for safety purposes with a reasonable price. He asked the Board if they could review the recommendation; and if there is consensus, bring the item to the Board for approval. Chairman Carey advised she would like to see it come back as an item on a future agenda. Commissioner Dallari noted he thinks it is a great recommendation but suggested since they are so close to putting the budget together, he thinks it should be in the budget process. Chairman Carey explained if it’s an agenda item, staff would have to bring forward where the money is going to come from. Commissioner Dallari stated there are a lot of “wants” and he wants to make sure they can afford them all. The Chairman indicated she will get with the County Manager so they can decide the appropriate time to bring it back.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2019-R-45 for Lisa Metcalf for her service on the Seminole County Industrial Development Authority (SCIDA) and appropriate Resolution #2019-R-46 for Deborah Schafer for her service on the Board of Adjustment; and appoint Harry Ellis to the Seminole County Industrial Development Authority (SCIDA); L.A. Keys to the Parks and Preservation Advisory Committee; and Austin Beeghly to the Board of Adjustment.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey stated she would like to find out from staff where they are at with finalizing information for the Midway-Cannan community. She would like to set a date (possibly May) for that and make it an advertised meeting for the residents. Ms. Guillet indicated they could do that. She stated they will have to see what information is still remaining.
Chairman Carey advised she had the opportunity to tour Inspire of Central Florida (formerly known as SWAP) and discussed the organization. She noted they are looking for some housing and believes they’ve submitted a proposal to the County for housing that could possibly be suitable for residents with disabilities and also for a couple of transit vans. She asked Commissioner Constantine, in his capacity at Lynx, if he could look into that; and the Commissioner agreed.
The Chairman announced upcoming events she is participating in.
Chairman Carey stated she appreciated the quick turnaround on some of the follow-up items from the retreat. She advised they will have a retreat overview and follow-up on March 19, and half of the day will be dedicated to capital projects. Commissioner Zembower indicated he has something scheduled for that morning and will be late.
In regard to the Greater Orlando Sports Commission, Chairman Carey advised it has been confirmed that the County has two seats on the commission; one is per the County’s contract and one is per geographic location. The current seat for the geographic location is held by Frank Ioppolo, and his term expires in 2020. At that point he would qualify for an additional three-year term; however, the Board can make a recommendation. The Board never made a recommendation because they didn’t know that is what they should do. The one seat per the contract would be a non-elected official, so the Sports Commission would like the recommendation as soon as possible. She advised she would like to have an appointment ready for the next Board meeting.
Commissioner Constantine advised he was selected by the Board to be on the commission. He asked if the Chairman is asking for an appointment in addition to that. The Chairman explained it was brought to the County’s attention that their seat should not be an elected official serving in that position, and it is in the commission’s bylaws that they do not allow for it to be an elected official. Commissioner Constantine explained an exception was made by the commission, and it was voted on by the BCC, to allow Commissioner Constantine to serve on the commission. He is not allowed to vote, but the only time the commission votes at a normal meeting is to approve minutes. Discussion ensued regarding representation on the Greater Orlando Sports Commission.
Commissioner Zembower stated as he understands it, regardless of who is recommended to serve on that commission, the Board has two voting positions if they are non-elected officials. He asked if that means they have been operating on behalf of Seminole County with only one vote when they are entitled to two, and Chairman Carey answered yes.
Tricia Johnson, Chief Administrator of Economic Development, addressed the Board and clarified the commission’s bylaws state an elected official cannot serve on the Sports Commission and vote. The Sports Commission did work around that so that Commissioner Constantine could be at the meetings and participate but not vote. Ms. Johnson noted the meetings are closed meetings because of the nature of their business. Chairman Carey asked Ms. Johnson if she believed having two voting members would be helpful for Seminole County, and Ms. Johnson answered it would be beneficial. Ms. Johnson discussed how the Board is able to make recommendations but not appointments to the commission. Discussion ensued regarding the impact of two voting members.
Commissioner Lockhart stated she doesn’t feel comfortable as a member of the Board asking another entity to make a special exception outside of their bylaws for the County. Commissioner Zembower indicated it seems to him they are just trying to correct an error so that they are abiding by their bylaws. Chairman Carey asked if the Board wants to have people apply to be recommended to the Greater Orlando Sports Commission that could be voting members or if they want to continue to have Commissioner Constantine as a non-voting member. Commissioner Zembower expressed if the question is does he desire to have two voting members, then absolutely he does on behalf of the citizens of the county. Commissioner Lockhart agreed. Commissioner Dallari advised he thinks they should keep it the way it is.
Chairman Carey pointed out the consensus is three to two to bring forward recommendations, so she will accept recommendations at the next BCC meeting.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM CHAIRMAN’S OFFICE
There were no Communications and/or Reports received from Chairman Carey’s Office.
COUNTY ATTORNEY’S REPORT
Mr. Applegate advised he had a conversation with the Sheriff and they are diligently working on costs for the opioid epidemic. When they get those costs, staff will be able to make a recommendation on getting into the appropriate litigation. He will keep the Board posted as that develops.
In regard to the County’s aggressive panhandling ordinance, Mr. Applegate advised since the ordinance was adopted, they’ve had over 100 convictions. He stated the next step would be making a record to keep all panhandlers off certain intersections, and he would make a recommendation to the Board to amend the ordinance as appropriate. As opined in the past, Mr. Applegate advised without that record, the County could be exposed to a Federal lawsuit without supporting data. Commissioner Dallari noted they received information about the panhandlers. He asked if the information could be put into a format so they could actually see the location since a lot of information was redacted. Mr. Applegate indicated only the State Attorney and Sheriff’s Office has that information, but he will ask them to provide that. Upon inquiry by Chairman Carey, Mr. Applegate stated there were 18 repeat offenders; one with four offenses, one or two with three, and the rest were two offenses.
ITEMS FOR FUTURE AGENDA
Rebecca Rosario, 249 Lewfield Circle, addressed the Board and briefly spoke about a property in Winter Park (5038 Lake Howell Road) that has been vacant for over 17 years and has accrued over $200,000 in Code Enforcement liens. Ms. Rosario submitted a picture of the property (received and filed). She indicated it is an eyesore to the community and the owner is willing to sell. Ms. Rosario currently has a contract to purchase it and would like to renovate it; but at this point, she is not able to move forward until there is some sort of resolution regarding the liens. She stated at this point she wants to see if there’s anything the Board can do. Chairman Carey advised there is a process to submit an application to reduce the liens and explained that process. Commissioner Zembower discussed compliance of Code Enforcement liens. He opined the process needs to be looked at very closely. Chairman Carey pointed out they have agreed to look at their process and how to move it along. The Chairman asked for staff to get with Ms. Rosario to explain the process so the Board could hear the request.
Public Comment Form was received and filed.
Wafa Esposito, 5040 Hawks Hammock Way, suggested BCC meetings should be held after hours to accommodate working parents and citizens. She stated she lived in a community in New Jersey where they had night meetings and the meetings were better attended than today’s meeting. Ms. Esposito talked about affordable housing and mixed housing.
Chairman Carey advised the Board receives a lot of feedback from constituents via email and phone calls. The agendas are always on the website a couple weeks in advance of the meeting. The public can make comments on the website. The Administrative Code allows for night meetings if there is a request by a Commissioner for that. There are pros and cons to night meetings and day meetings. Chairman Carey also explained ex parte communication. She stated there is a process in place for input from people who can’t physically attend the meeting. Commissioner Zembower pointed out they get complaints about night meetings as well including from the elderly who can’t stay up late enough or people who don’t like to drive after dark. He also discussed the cost associated with staff working overtime.
Public Comment Form was received and filed.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:37 p.m., this same date.