BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
MAY 10, 2016
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, May 10, 2016, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Carlton Henley (District 4)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
Pastor Ron Williams, Palmetto Avenue Baptist Church, Sanford, gave the Invocation.
Commissioner Henley led the Pledge of Allegiance.
The Business Spotlight video for Roger B. Kennedy Construction was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2016-333
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring May 9, 2016 as Child Welfare Professionals Recognition Day.
Districts 1, 2, 3, 4 and 5 voted AYE.
Sharon Graham, Circuit Director for the Guardian Ad Litem program, addressed the Board to express her appreciation on behalf of all child welfare professionals. All of the professionals that were present in the audience were recognized. Ms. Graham described all of the organizations that she works with and noted they are the silent people that are out every day to see the children to ensure they are protected and their needs are met.
Ms. Graham pointed out that they depend on the community for volunteers for the Guardian Ad Litem program. She stated they do provide training for 30 hours. Every year people retire and they need to be replaced plus there are a growing number of children that they are serving. She advised they need another 75 volunteers and explained there is a class starting on June 16 and an “information night” tonight. She directed people to the Seminole County Guardian Ad Litem program website.
Agenda Item #2 – A-2061-16
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt appropriate Resolution #2016-R-69 acknowledging and commending Marla E on her selection as 2016 Artist of the Year.
Districts 1, 2, 3, 4 and 5 voted AYE.
Marla E, 2016 Artist of the Year, addressed the Board to express her appreciation for this honor and for the County’s support for the arts.
Agenda Item #3 – A-2038-16
Commissioner Dallari remarked that it is amazing how Seminole County has such wonderful things to offer to their residents and to Central Florida. He remarked that he can't say enough good things about not just the Fire Department but also the EMS and the level of care they give to the residents, which is second to none. He stated he believes this Proclamation does not go far enough.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt a Proclamation declaring the week of May 15 through May 21, 2016 as “Emergency Medical Services Week.”
Districts 1, 2, 3, 4 and 5 voted AYE.
A video entitled “Emergency Service Week EMS Strong - Called to Care” was presented.
Chief Mark Oakes, Interim Fire Chief, addressed the Board to express his appreciation for the Board’s support for the Fire Department. In recognition of Emergency Medical Services Week, he thanked the paramedics and the emergency medical technicians of Seminole County Fire Department for making Seminole County EMS strong. He discussed several recent vehicle crashes and two house fires. He noted that during the past year they have presented eight life‑saving awards where early CPR was initiated by a family member, a bystander, or instructions were given by a medical dispatcher.
Chief Oakes mentioned that during EMS Week, they will be announcing a countywide initiative called Save a Life Seminole, which is a program that provides "Hands-Only CPR” training to businesses, homeowners associations, and local schools. He noted the program is in the early stages of development but he is excited to get the community involved in Save a Life Seminole. Chief Oakes then introduced Hannah Shelton, from Lake Mary High School, who has experienced Seminole County Fire Department Emergency Medical Services firsthand when a brief moment changed her life. He explained that Ms. Shelton's experience prompted her to take initiative through the school's student government association by contacting the Fire Department and to teach students "Hands-Only CPR.”
Hannah Shelton addressed the Board to state she is a sophomore at Lake Mary High School. Ms. Shelton described a head‑on collision that she was involved in which occurred on September 17, 2015. She discussed the injuries that she sustained, how they affected her ability to walk, and how she recovered. She stated she could not be more thankful for the response time of the paramedics because without them, she would not be standing here delivering this message today.
Ms. Shelton stated once she was released from rehab, she decided she was going to take some actions at her school. After the accident, she realized that if it were not for the paramedics, she would not be here. She then described the “Hands-Only CPR” event that she held at her school. She believes CPR is important because what if the paramedics weren't able to get there in the time that they did or what if something else would have happened with her heart. A civilian who was standing next to her car who knew how to do CPR could be another life saved. She believes programs like this are very important to make CPR more of a common thing, and she is happy to be a part of it. This was only the first year for this CPR event; but she hopes it will become more of an annual thing so even when she graduates, people will still be learning the importance of CPR and how important the paramedics are. She thanked the Board for allowing her to speak today.
Agenda Item #4 – A-2016-16
John Hillenmeyer, Chairman of the Seminole County Task Force to Impact Homelessness, addressed the Board to discuss their homeless neighbors in Seminole County. Mr. Hillenmeyer gave a brief overview regarding how a task force made up of a group of business leaders was created to look at the homelessness issue in Central Florida and to develop strategies and actions. He noted this was done through Leadership Seminole. People from not‑for‑profit agencies, government agencies, faith‑based communities, private businesses, and the school system all participated in ways to come up with strategies and actions. The conclusions that the Board will hear today will reflect the new direction; and despite the effort that is facing them, he believes there is great enthusiasm to implement this set of action strategies.
Mr. Hillenmeyer thanked the Board, Ms. Guillet (County Manager), and Valmarie Turner (Director of Community Development) for their support. He also thanked Leadership Seminole, the Regional Commission, and the group’s facilitator, Mark Brewer from the Central Florida Community Foundation. Mr. Hillenmeyer thanked the not-for-profit providers, the business leaders, and the faith-based leadership.
Mr. Hillenmeyer introduced Mr. Mangano and gave a brief overview of Mr. Mangano’s achievements.
Philip Mangano addressed the Board and pointed out that he has met with all of the Commissioners on a number of occasions and appreciates their support. He thanked Commissioner Carey and Ms. Guillet for their participation and also acknowledged the support from the entire community.
Mr. Mangano remarked that what they have learned across the country is that if good intentions, well-meaning programs, and humanitarian gestures could get this job done, it would have been done years ago in Seminole County. Seminole County wrestles with the same problem that communities all over the country wrestle with, that some of their neighbors don't have a place to live. He stated the effort is to intervene into the lives of those folks and move them out of their homelessness and into housing. He discussed why they need the faith‑based community involved, government involved, the school system involved, and the non‑profits involved.
Mr. Mangano began a PowerPoint presentation (copy received and filed) entitled “Seminole Community Action Strategy – an Approach to Impact and Reduce Homelessness in Seminole County.” He displayed the Task Force Members slide and pointed out they need the business community involved with their commitment to bringing solutions and a remedy and a cure to situations, and they were very fortunate to have these businesses represented. He displayed Partners and discussed some of the other organizations that they have partnered with such as Central Florida Foundation, Seminole County Public Schools, The Foundation for Seminole County Schools, Central Florida Commission on Homelessness, Homeless Services Network of Central Florida, Goodwill/GoodSource, Northland Church, Seminole Housing Authority, and Leadership Seminole.
Mr. Mangano displayed the Participants in Provider and Individual Meetings slide and pointed out these are the members of the community, many of the providers on the front line, and many government entities who were involved and whose input they got to ensure they were doing an inductive process of planning. He discussed the two words, which were “accountability” and “action,” that resonated in all of the meetings. Mr. Mangano stated to achieve Accountability, one of the key recommendations was to create something called the Seminole Action Board. He next displayed a slide with the responsibilities of the Seminole Action Board and discussed those responsibilities.
Mr. Mangano displayed the next slide and stated the intent of this business group was to move from an old approach to a business approach, and he then compared the two approaches. He explained that during the first year, they will resolve the homelessness of 120 families, the most vulnerable and potentially disabled families whose children are impacted by homelessness and whose educational achievements are not as robust as they should be. The idea will be to intervene in those lives. Mr. Mangano explained how they will house 50 of the most vulnerable and disabled individuals. He stressed it is not just placing these people in housing, leaving them and saying good luck, but rather it is housing them and then ensuring there are wraparound services. This will mean that 400 of the most vulnerable and disabled homeless people in Seminole County will have their homelessness resolved this year.
Mr. Mangano displayed and discussed Seminole Action/Action Strategy, Year One Strategy, Encourage Strategic Investments, and Encourage Efficiency and Effectiveness. He discussed the Task Force Recommendations for Families (two slides) and explained the three ways they prioritized families. He further reviewed recommendations to increase the Operation New Start (ONS) initiative to house 75 families; to expand the FIN contract to 45 families; to utilize 25 Section 8 rental vouchers; to ensure that case management services are available to prep the families for housing and then support them; and to provide more childcare.
Mr. Mangano stated he believes Seminole County will evolve a national model in terms of support available for the housed families. He described school social worker visits related to the sustaining of educational achievement, agency case management supports related to family stabilization, and faith community involvement led by Northland Church (and other congregations in its own satellite churches) to provide additional social capital. Those congregants will meet with the families and make themselves a bridge back to all of the resources of the congregation, which will provide some social capital for those families and a sense of belonging in the community. Mr. Mangano emphasized this will be a national model; the layered approach of social workers, case managers, and faith community involvement.
Mr. Mangano continued his presentation and reviewed Additional Task Force Recommendations Related to Families, Task Force Recommendations for Individuals, and Actions that have already been taken. He discussed the Cost of Chronic Homelessness in Seminole County. For 33 chronically homeless individuals, the cost in health care and law enforcement is $837,408 for one year, which is an average of $25,376 per person. When these people are housed, the cost is a bit less than $15,000. He remarked that they can either spend $25,000 and let these people randomly ricochet through a very expensive health and law enforcement system or house them and end their homelessness and save about $10,000. Mr. Mangano concluded by discussing the Key Principles that the Task Force set out to accomplish. He stated he is proud to be working here in Seminole County and believes they have a bright next year to create a template for the next five years.
On behalf of the Commission, Seminole County Government, and the citizens of Seminole County, Chairman Horan expressed how much they appreciate the work of the Task Force and all of the volunteers from the business community that took time to tackle this very, very important problem. He asked all of the members of the Task Force to stand and be recognized. He stated they are very encouraged that the numbers in both the region and in Seminole County have gone down.
Commissioner Carey remarked that the great partnerships and collaborations they have in the county continue. She noted there were so many people that had to come together to make this plan work. The School Board was a vital part of what needed to be brought to the table. She pointed out that the work of the not‑for‑profit providers and business community isn't finished and she is thankful that so many of the business partners who served on the Task Force along with her are willing to step up and get involved in Seminole Action Board, which has several different layers, not only the accountability but also a funding portion. She believes their model is unique; and certainly without the leadership of John Hillenmeyer, Philip Mangano, and the Leadership Seminole team, they would not have come up with the great recommendations that the Board has before it today. Commissioner Carey thanked everyone for the tireless work that was put into this. Commissioner Dallari, Commissioner Henley, and Commissioner Constantine thanked the Task Force.
Commissioner Carey questioned whether they need separate motions or if it all can be in one motion because there are several action items that will continue with the Task Force that will obligate the County's staff. Chairman Horan stated he believes a simple motion to accept the report, accept the recommendations and direct staff to work with the Seminole Action Task Force Board would be the appropriate way to go.
Motion by Commissioner Carey, seconded by Commissioner Dallari, accept the report, accept the recommendations, and direct staff to work with the Seminole Action Task Force Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Ms. Guillet pointed out there is another element of Leadership Seminole's request and that is a request to amend the grant agreement. She stated that Leadership Seminole has been a great steward of the original grant funding that the Board provided to them, and they have a significant amount of the funding remaining. As the Board has seen, they have set up this great template to move forward with the Action Board. However, because it is a volunteer board, they will need some assistance to get it up and running.
Ms. Guillet stated the recommendation has been that Mr. Mangano remains engaged to help them for the next six months to get all of these implementation items and action items teed up so the Action Board can start moving forward. Leadership Seminole has requested that the County revise their grant agreement to reflect that revision and to add those additional services for Mr. Mangano to help the Action Board move forward. Ms. Guillet reiterated that there is a significant amount of money left from the original grant and she believes that there will be a need for an additional $20,000 to $30,000 to take them through the end of the year to get the Action Board up and running. From a staff standpoint, she believes they will get a significant return on the investment and would recommend that the Board amend the grant agreement as requested and authorize up to $30,000 in addition to the existing remaining grant funds to move this effort forward.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to amend their original grant funding agreement to reflect the revisions discussed in the above “Seminole Community Action Strategy” presentation regarding Homelessness and to authorize up to $30,000 in addition to the remaining grant funds.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan recessed the meeting at 11:00 a.m., reconvening at 11:05 a.m.
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.
Motion by Commissioner Carey, seconded by Commissioner Henley, to authorize and approve the following:
5. Approve and authorize the Chairman to execute, for acceptance, the (2) Sidewalk Easements donated by Bagwell & Bagwell, Partnership and Cambridge Square Owners Association, Inc. to Seminole County for the construction and maintenance of a sidewalk along a portion of Raymond Avenue. (A-2024-16)
Budget and Fiscal Management Division
6. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-70 implementing Budget Amendment Request (BAR) #16-052 in the amount of $166,500 through the General Fund to appropriate additional funding for the Renovations to Work Release Center Project (County Probation Building). (A-2080-16)
7. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-71 implementing Budget Amendment Request (BAR) #16‑053 through the 2001 Infrastructure Sales Tax Fund to appropriate budget of $337,000 from reserves for the Seminole Wekiva Trail Phase IV Segment B Project. (A-2075-16)
8. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-72 implementing Budget Amendment Request (BAR) #16‑054 through the 1991 Infrastructure Sales Tax Fund to appropriate budget of $650,000 from reserves for the CR 419 Paving Project. (A-2082-16)
9. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-73 implementing the Budget Amendment Request (BAR) #16‑055 through the General Fund in the amount of $73,500 from reserves for Uninterruptible Power System (UPS) Maintenance ($31,500) and the Yankee Lake Transmitter Site ($42,000). (A-2058-16)
10. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-74 implementing Budget Amendment Request (BAR) #16‑056 through the 2014 Infrastructure Sales Tax Fund to appropriate budget of $82,000 from reserves for the Markham Woods Rd @ SR 434 Project. (A-2083-16)
11. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-75 implementing Budget Amendment Request (BAR) #16‑057 through the Water and Sewer Capital Improvements Fund to reallocate budget in the amount of $1,455,860 from reserves for Seminole County's portion of payment for the South Seminole and North Orange County Wastewater Transmission Authority's (SSNOCWTA) 10-Year Capital Improvement Plan; and authorize the County Manager to transmit a memo to SSNOCWTA requesting to opt out of participation in the Series 2016 A bond. (A-2088-16)
12. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-76 implementing Budget Amendment Request (BAR) #16‑058 through the 2001 Infrastructure Sales Tax Fund to appropriate budget of $200,000 from Project Contingency for the Spring Valley Road Sidewalk Project. (A-2091-16)
13. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-77 implementing the Budget Amendment Request (BAR) #16‑059 through the Disaster Preparedness Fund to reallocate $18,627 of grant funds to procure a portable changeable message sign ($11,990) and an aluminum canopy ($6,637). (A-2084-16)
14. Approve and authorize the Chairman to execute appropriate Resolution #2016-R-78 implementing Budget Amendment Request (BAR) #16‑061 through the Neighborhood Stabilization Program Fund in the amount of $75,075 for appropriation of program income and 2nd mortgage provided/forgiven. (A-2097-16)
Purchasing & Contracts Division
15. Approve Amendment #1 to Work Order #83 (Bear Gully Road Drainage and Sidewalk Improvements) under PS‑4388‑09/VFT (MSA for Design of Minor Projects with Construction Costs Less Than $1,000,000.00) with HNTB Corporation of Lake Mary in the amount of $18,750.06; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (A-2107-16)
16. Award IFB‑602510‑16/GCM, Term Contracts for Concrete Sidewalk, Driveways, Curb Ramps, Curb & Gutter and Traffic Separators Construction and Repairs to CM Engineering Services Florida, Kissimmee; Caraway Concrete Construction, Inc., Oviedo; and Parthenon Construction Company, Orlando; and authorize the Purchasing & Contracts Division to execute the agreements. The estimated annual usage for the project is $1,500,000.00. (A-2092-16)
Districts 1, 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Motion by Commissioner Dallari, seconded by Commissioner Henley, to approve the following:
Clerk’s Office (A-2119-16)
17. Approve Expenditure Approval Lists dated April 11 and 18, 2016; Payroll Approval List dated April 7, 2016; and the BCC Official Minutes dated April 12, 2016.
Districts 1, 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk’s “Received and Filed”:
1. Florida Department of Agriculture and Consumer Services Annual Certified Budget for Mosquito Control, as approved by the Board of County Commissioners on September 22, 2015 (A-1261-15).
2. Conditional Utility Agreement for Water, Wastewater or Reclaimed Water Services for Lakeside Fellowship United Methodist Church, Inc.
3. Seminole County Clerk of the Circuit Court and Comptroller Financial Statements Year Ended September 30, 2015, from Moore Stephens Lovelace, CPAs and Advisors.
4. Private Road Maintenance Bond #59BSBGL9798 in the amount of $69,471.20 for Brooks Cove subdivision for the project known as Dollar General Store #13646.
5. Recorded Joinder and Consent of Mortgagees for IC BP III Holdings XVII, LLC and Thomas Cornwall Properties, LLC.
6. Florida Public Service Commission, Consummating Order #PSC-16-0142-CO-WU in regards to application for amendment of Certificate of Authorization #247-W, to extend water service area to include land in Seminole County, by Sanlando Utilities Corporation.
7. Florida Public Service Commission, Order #PSC-16-0143-FOF-WS, final order acknowledging corporate reorganization and approving name change for various utility companies to Utilities, Inc. of Florida.
8. Florida Public Service Commission, Order #PSC-16-0156-PAA-GU, notice of proposed agency action order approving amendment to transportation service agreement with City of Lake Worth by Florida Public Utilities Company.
9. Parks Contract for Services for Antroine Mack, Erin McCullough, Stanley Ransom, Sr., Clyde Graham, Chris Fancher, Stanley Ransom, Jr., and Clifford Franke.
10. Board of Adjustment Approval Development Orders for #16-30000004, Todd R. and Erica A. Sowpel, 1568 Katie Cove; #16-30000007, Khan Aqeel Trustee, 1850 Ivy Lane; #16-30000008, Donaldson K. and Mary K. Barton, Jr., 4225 Bear Gully Road; #16-30000009, Zia Fatemi and Farideh A. Zadeh, 3925 Wimbledon Drive; and #16-30000002, Christian Church In Fla, Inc., 1643 Disciples Point.
11. Administrative Approval Development Order #16-30000017, Todd and Erica A. Sowpel, 1568 Katie Cove.
12. Floyd Property (FKA Hillview PCD) Planned Development Developer’s Commitment Agreement, #16-20500020.
13. Sidewalk Easement with SunTrust Bank, Crown Center.
14. Amendment #2 to Work Order #62 to PS-4388-09 with Reynolds Smith & Hills, Inc.
15. Amendment #6 to Work Order #9 to PS-5140-03 with URS Corporation Southern.
16. Eighth Amendment to RFP-601745-13 with Apex Pest Control, Inc.
17. Ninth Amendment to IFB-601516-12 with Bound Tree Medical, Inc.
18. Change Order #4 to CC-9575-14 with Young’s Communications Co., Inc.
19. Work Order #16 to PS-6865-11 with S2L, Incorporated.
20. Change Order #1 to CC-0194-15 with Prime Construction Group.
21. Work Order #32 to PS-8186-13 with Atkins North American, Inc.
22. Work Order #4 to PS-5473-10-10 with CPH, Inc.
23. Work Order #30 to PS-8186-13 with Reiss Engineering, Inc.
24. Change Order #1 to CC-0266-15 with MASCI General Contractor.
25. Change Order #2 to CC-0381-15 with Affordable Development.
26. Work Order #48 to PS-8148-12 with Atkins North America, Inc.
27. Work Order #1 to PS-9983-15 with Atkins North America, Inc.
28. Work Order #3 to PS-9462-14 with Ayres Associates, Inc.
29. Closeout to CC-0247-15 with Phoenix Architectural Products, Inc.
30. Work Orders #12, #13 and #14 to PS-0009-15 with Pegasus Engineering, Inc.
31. Work Order #6 to CC-9072-13 with BSE Construction Group.
32. Work Order #46 to PS-8047-12 with Professional Service Industries, Inc.
33. Work Order #22 to PS-7643-12 with Southeastern Surveying and Mapping Services.
34. Work Order #31 to CC-8199-12 with C.E. James, Inc.
35. Amendment #1 to Work Order #25 to RFP-5706-10 with Connect Consulting, Inc.
36. Amendment #2 to Work Order #6 to PS-6487-11 with Reiss Engineering, Inc.
37. Bids as follows:
IFB-602510-16 from Parthenon Construction; Caraway Concrete Construction, Inc.; All Terrain Tractor Service, Inc.; MCG Services, LLC; Huffman Inc. d/b/a NuWave Concrete; Schuller Contractors Incorporated;
BID-602528-16 from Morrissette Electric, Inc.; Chinchor Electric, Inc.; and
RFP-602489-16 from Hydro-Stat, Inc.; Thermo Fisher Scientific; Channel Innovations Corporation.
The Board recessed the meeting at 11:07 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOF OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Henley, 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.
LAKE SYLVAN OAKS PHASE 2 SMALL SCALE FUTURE LAND USE
MAP AMENDMENT AND REZONE/Joseph Schwartz
Agenda Item #18 – PH-2016-329
Proof of publication calling for a public hearing to consider approval of a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 14-lot, single-family residential subdivision on 9.64 acres, located on the south side of S. Sylvan Lake Drive, approximately ¼ mile west of Orange Boulevard, Joseph Schwartz, received and filed.
Joy Giles, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum. She displayed an aerial map and reviewed the details of the proposal. She advised staff finds the request to be consistent with the Comprehensive Plan and compatible with the trend of development in the area. The Planning & Zoning Commission and County staff both recommend approval.
Charlie Madden, Madden Moorhead & Stokes, addressed the Board to state he is here on behalf of the contract purchaser, who is the developer and the builder, to answer any questions the Board may have.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Henley, to adopt Ordinance #2016-15 enacting a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development; adopt Ordinance #2016-16 enacting the associated Rezone from A-1 (Agriculture) to PD (Planned Development); and approve associated Development Order and Master Development Plan for a 14-lot, single-family residential subdivision on 9.64 acres, located on the south side of S. Sylvan Lake Drive, approximately ¼ mile west of Orange Boulevard, as described in the proof of publication; Joseph Schwartz, Applicant.
Commissioner Carey advised she had ex parte communications with Mr. Madden. Commissioner Constantine stated he also had ex parte communications with Mr. Madden and Mr. Schwartz.
Commissioner Constantine noted there are a number of projects going on in this area. He said as they continue on with these projects, they need to really look at the cumulative effect of transportation and other potential problems. Commissioner Carey stated that some improvements are being made with the widening of the road and they recently installed a traffic light at Orange Boulevard and Markham Road which helps with the traffic through there. She added it is part of the process and they will continue to look at this with sharp eyes.
Districts 1, 2, 3, 4 and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
Carol Learned, 103 North Mellonville Avenue, addressed the Board to read a letter (received and filed) into the record on behalf of concerned neighbors who reside on Mellonville Avenue. She stated she noticed a surveyor on her front lawn and she saw him measuring the circumference of a huge live oak tree. When she asked what he was doing, the surveyor questioned whether she had received notice about a bike trail that will be going along Mellonville. She and another neighbor shared their concerns with Ed Barfield, one of the overseers of the project, and she relayed the information he provided to her. She said she is in attendance today to request assistance from the Board in this matter.
Commissioner Carey questioned staff as to whether they are out there doing work without notifying the people that would be impacted. She stated this is no different than any other project where they have community outreach to inform citizens and receive their concerns. Ms. Guillet advised this is just preliminary work related to a conceptual project; it is in the very early stages. Commissioner Carey said there are about 10 to 12 houses there that actually front out along Mellonville Avenue and she believes that if there are survey crews in people’s front yards, they should have been notified. She added that before they embark on anything, she would hope they would have some community discussion.
Jean Jreij, Public Works Director, addressed the Board to advise that CPH, Inc. is the consultant doing the preliminary study. Part of the contract is that anytime they send a surveyor to be on someone’s property, they should send a notice to the property owner. He does not know if they have done that, but he can find out and get back to the resident. Commissioner Carey stated she would like him to find out and get back to her also. Ms. Guillet stated the consultants are required to send notice and staff will follow up on this. She added if the residents were not noticed or if the notice was deficient, they will send a follow-up communication explaining to all of the neighbors along Mellonville exactly what is going on and give contact information to keep them apprised of what is happening. Commissioner Carey added they will run into the same thing on Celery Avenue.
Commissioner Dallari suggested they send a letter to the property owners outlining the overall project. Also, he asked that the County Manager find out why CPH did not notify the residents. Ms. Guillet stated they will do that.
Commissioner Carey questioned whether they already have right-of-way to put this trail through there or whether it is going to require acquisition of right-of-way. Mr. Jreij explained that it is part of the study as far as how much the right-of-way would be because they only have right-of-way in a certain area. Commissioner Carey asked what the right-of-way width on Mellonville is today. Commissioner Henley said it is very tight and Mr. Jreij said in a certain area, the County has enough right-of-way for this trail, but for the majority of the route, they will probably need some additional property. However, they do not know the route at this time; it is part of the study. When they know how many alternatives they have, then they will come back to the Board with that information.
Commissioner Carey said she wanted to remind Mr. Jreij that when the trail was put along Markham Woods Road, there was great care taken to maintain the big beautiful oak trees there even if the trail had to curve around them. She added that Mellonville Avenue is one of their more beautiful canopied streets with the old oak trees and she wants to make sure that is taken into consideration and all those trees are identified. Mr. Jreij stated he will make sure that is done.
Terry Burch, 147 S. Mellonville Avenue, addressed the Board to question if any study has been done relative to an alternative route for this trail. He stated the invasiveness could be very much improved if they studied going along the riverfront to the east because there are no trees or utilities, nothing to remove, as opposed to what they are faced with on Mellonville. He said they are looking for an objective study to give them an opportunity to see what alternatives there are, if any, and how less invasive those happen to be so they can get an appraisal that is fair and unbiased and not ruled by the fact that someone pays more taxes or has a better position in the community than some of them may have.
Commissioner Carey mentioned there is a road right-of-way, although it is on paper, that runs along the seawall on the river and she believes parts of that have been vacated over time. She said she thinks they do need to look at alternatives because of the amount of traffic and the limited access along Mellonville. She added there are probably more scenic routes they could take on a trail and still end up on Celery Avenue. She would like them to look at the alternatives also.
Ms. Guillet noted that at the last meeting, the Board authorized them to issue a letter of support for a project that the Regional Planning Council is pursuing with some grant funding from the Department of Economic Opportunity with respect to mapping out the county trails and all of the gaps in the county trails. She opined that this might be a perfect vehicle to look at different alternatives with respect to this part of the trail system as well as the rest of the county. She added they will pay special attention to that if the project gets off the ground with the Regional Planning Council.
Mark Kamrath, 1377 South Ridge Lake Circle (Northridge), addressed the Board and advised he is currently a vice president of the HOA there and he wants to speak in regard to Grace Lake. He stated around 2000, several of them approached the County and other agencies: the St. Johns River Water Management District (SJRWMD), the Environmental Protection Agency, and so forth. The residents of North Cove and Northridge put together a resident-funded study in 2005 which recommended that they restore the sinkhole that is in Grace Lake, which is along I-4. Since then the project has been funded and SJRWMD has approved the permit. He questioned what the status of the Grace Lake restoration project was, in general. Also, in regard to easements and getting signatures for completing the repair, he asked about the timeline for that part of the project.
Commissioner Constantine said he knows they had been making progress and then they needed some easements. He advised he spoke to the County Engineer yesterday, and he asked Mr. Jreij to give an update. Mr. Jreij stated they have been monitoring the level of the lake every couple of weeks and it seems it is recovering on its own. The design for the improvement is already done. They are trying to obtain access easements; the County Attorney and staff are working with the residents and owners of those easements. Currently, the project is on hold because the lake is recovering. They are, however, still trying to obtain the easements in case the issue with the lake comes back and they need to do the construction.
Commissioner Carey stated she had received a call from a church that is on the west side of I-4 that connects to the lake; and after some cleaning out was done, the field where the church had had a sports function going on for many years was under water. She said she thinks Engineering also looked at that. She wants to ensure they are looking at the big picture because she believes there are some interconnects that happen with Grace Lake and the property across the other side of the Interstate. Mr. Jreij remarked that the Commissioner is correct in that there is a connection from the lake to the south side of the church. He pointed out that last year the level of the lake went up and there was some flooding in that area of the church where they play ball. He added there is a pipe and when the lake gets to a certain level, the water will go there, and there is a ditch that goes all the way behind the church. Last year they had that issue because the level of the lake has been down for a long time and that was the first year the lake went up. As the years go on and the water level rises, the water will continue to go to that area in back of the church.
Commissioner Carey questioned whether the ditches have been cleaned out so the water can continue to move past that area. Mr. Jreij advised the area had been cleaned last year; Public Works graded and sodded the ditch so it is very clean and can actually be mowed. Ms. Guillet stated she thought that field is actually a stormwater facility and that it is supposed to take water. Mr. Jreij answered that historically, that is where the water from the lake will go.
Commissioner Carey requested a briefing on this and Ms. Guillet stated they will ensure that each Commissioner receives an individual update.
Chairman Horan asked if the field in question is on church property. Mr. Jreij responded that it is on church property, and a retention pond in the same area overflows to that area as well. He added he plans to monitor it during rainy season to see how the lake level will fluctuate. Commissioner Carey asked that he keep the Board posted on this.
Commissioner Constantine opined they should continue to pursue obtaining the easements regardless of whether the lake self-corrects or not, and Mr. Jreij advised that is what they plan on doing.
Mr. Kamrath stated in regard to the soccer field behind the church, they have documentation back to 2001 from hydrogeologists, and it is their understanding that the soccer field was constructed on Grace Lake, which is a lake bed, and that historically, the outfall does go under I-4 and across that field back into the Mandarin subdivision, and there is a very clear stormwater structure there.
Harry Jaeger, 1215 Baypoint Court, addressed the Board and stated he has two matters to discuss. First regarding the lake, they were told that the project was on hold because of the “natural plug” but they were also told there were not enough attorneys on staff to continue the easement process. He explained they had their attorney review the easement and they suggested some alternate language. He said Mr. Barfield told them he was trying to get the easement through but that he was told there were no attorneys available to change the language. Mr. Jaeger said he has one of the three easements and he knows there is another one that is ready to sign, but no one has been assigned to work on it, as he understands it.
Bryant Applegate, County Attorney, advised that a lack of attorneys to work on the easement problem is not true, and he had seen an email last week accusing his office of that. He said he will talk to Mr. Barfield and County staff who told him that. He also advised that the County Attorney’s office prepared what was requested months ago and provided that to staff, and he never heard back from staff that there were any other changes to be made. Mr. Applegate stated he is already looking into this.
Mr. Jaeger stated that the other subject he wanted to discuss is that he was at the April 21st meeting and heard Commissioner Dallari ask staff to look into the testing for air quality at the rest areas in Longwood and he wondered what the status of that was. Mr. Jreij advised he talked to Alan Hyman, project manager for FDOT, and told Mr. Hyman he would be sending him a letter and copying the Secretary (FDOT). He added he will review it with the County Manager before sending that letter and hopefully be able to send it out this week.
Commissioner Carey noted in addition to air quality, this is also about how they are going to regulate the parking of semi-trucks along the ramps. Commissioner Dallari stated they are actually putting signs up but it is how you police it. He added he has had conversations with Mr. Hyman about this and Mr. Hyman advised that DOT does not do air quality analysis and they would need to go to a separate company to do that. The Commissioner added he was hoping staff would look into that and report back to the Board about who they could contract with. Mr. Jreij explained that Mr. Hyman told him that DEP (Department of Environmental Protection) does the air quality testing. Ms. Guillet indicated that they will be going into this with the assumption that DEP will be receptive to the request and if not, they will circle back.
Bill Hyde, 2379 Audley Street, addressed the Board to state he wanted to address Seminole County’s membership in the Council of Local Governments (CALNO). He has been going to CALNO meetings for a number of months and has yet to see anything actually happen other than one time they sent a recommendation for the Tourism Development Council. They only have reports and discussion as to who is a member and who isn’t a member, and who gets to vote and who doesn’t get to vote. He opined it does not seem very productive to him. Mr. Hyde stated that two of the last five or six meetings have been cancelled due to the lack of a quorum. He noted that Seminole County shows up every time and he would appreciate it if his group at CALNO would show up every time.
Mr. Hyde remarked that unfortunately, the alternative to CALNO is the Mayors and Managers, but the problem is that it might as well be a secret meeting because the residents cannot attend. He suggested that Seminole County just simply not be part of CALNO anymore because it is wasting the commissioners’ time. He would like something where the residents could participate and communicate with local governments.
Commissioner Carey expressed that one year when she was the chairman, she suggested that they stop participating in CALNO because she felt like she was spending a lot of time that was not very productive and really did not have a purpose. However, the majority of the Board wanted to continue and so that is why they have continued to stay in CALNO. She also brought up the Mayors and Managers at that time because she thought it would be much more effective for the mayors to meet to talk about their issues and the managers to meet separately because they could actually get something done at a meeting. She pointed out that this Board serves on almost 40 committees outside of being county commissioners and some are really important like the homelessness issue or the Expressway Authority or East Central Florida Regional Planning Council. Commissioner Carey noted that in the information about CALNO and what CALNO was established to do, there are a couple of specific things and one of those is to recommend an appointment to some committee. Commissioner Dallari stated they are to recommend if the County should do a gas tax. Commissioner Carey reminded the Board that CALNO recommended they increase the gas tax when gas was $3.10 a gallon; CALNO thought that was a good idea but this Board did not. She said it might be time to look at their membership again to see if this Board has changed their opinion on it.
Upon inquiry by Commissioner Dallari, Mr. Applegate explained that the Mayors and Managers meeting is a gathering of officials and the Sunshine Law applies to a board where two or more members are either elected or appointed to that board. Commissioner Henley said the CALNO board has no authority to accomplish anything other than to communicate ideas.
Commissioner Constantine stated he has a different perspective because CALNO is the group that instituted the gas tax and the formula that was put together. They also set up the Charter. He believes Mr. Hyde is frustrated with the Mayors and Managers meeting because the citizens want to have some sort of ability to talk to their elected officials in meetings such as that. He opined CALNO exchanges and discusses ideas from elected officials representing constituents: the seven cities, the County, the School Board, Soil & Water, and Seminole State College. He added by statute (163.02), CALNO has been in the statute books and has been representing the ideas of citizens for a long time. He said he is the County’s representative at this time and he has no problem attending those meetings and exchanging ideas and giving information to his fellow elected officials, and that is all CALNO really has to be. Many citizens like the fact that they can go and speak their mind. Commissioner Constantine opined it would be making a mistake to eliminate CALNO because it is not making any grandiose decisions. He feels that Mr. Hyde is saying that he wants to be able to attend the Mayors and Managers meeting or the one that is making a lot of decisions.
Commissioner Carey advised that at one time they talked about maybe having CALNO meet bi-monthly or on some other schedule because they didn’t have enough business to meet every month. Commissioner Constantine stated that many times they do meet every other month and he believes they would be sending the wrong message to the cities by saying they don’t think they need to meet anymore; Winter Springs has already dropped out, however.
Upon inquiry by Chairman Horan, Commissioner Constantine responded that because the Mayors and Managers meet in private, they cannot make any appointments; CALNO has always been the organization that has been open to the public.
Commissioner Carey asked the County Attorney to circulate the authority of CALNO because they have two recommendations to the BCC, but have no official action. Commissioner Constantine added they are working on revising their Bylaws right now.
Chairman Horan opined there is always an issue between and among the various governments in Seminole County especially between the cities and the County about communication. Therefore, he agrees that not attending or participating in any kind of body where that communication occurs may be a little bit shortsighted. He said he has been considering, as chairman, refining the kinds of communications and structuring the kinds of communications they have regularly with other governments to make sure that they increase that communication and to make sure that all the major governmental players in the county are using their resources and communicating with each other in an effective way and to make sure the public has maximum participation and that all of the ideas filter from bottom up. He thanked Mr. Hyde for bringing up the issue.
Speaker Request Forms were received and filed.
DISTRICT COMMISSIONERS REPORTS
Commissioner Carey announced that Saturday, May 21st will be the 2016 Bookertown Fun Day from 11:00 a.m. to 4:00 p.m. in Bookertown Park and they will be providing health screenings and employee resources, and educational and vocational training resources. The Seminole County Health Department will be there as well as Community Services staff.
Commissioner Carey stated she is looking forward to the grand opening and ribbon cutting at the Seminole County Sports Complex this Friday night, May 13th.
Commissioner Dallari stated the Board is aware that at MetroPlan Orlando they have the Central Florida Clean Air Award which is an award given to an institution or an organization, either public or private, that has done something extraordinary to reduce their carbon footprint or to reduce the emissions to the air. This year the winner of this award goes to Wekiva Island and that will be presented to them on May 26th.
Commissioner Constantine indicated that tonight there is a program called Take Stock in Children. The School Board will be presenting scholarships to students.
Commissioner Constantine questioned whether there was any movement on the request from Altamonte Springs on the sales tax major projects. Ms. Guillet responded that they have met internally on it a couple of times and they are preparing a response. Additionally, they have a meeting scheduled with the City of Altamonte Springs next week.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2016-R-79 in appreciation of Patricia Roberts for her service on the Library Advisory Board.
Commissioner Constantine explained that she is no longer able to serve due to illness.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to appoint Adele Burney to the Library Advisory Board.
Districts 1, 2, 3, 4 and 5 voted AYE.
Upon inquiry by Commissioner Constantine, Ms. Guillet replied that the anti-bear-hunt resolution will be brought to the Board for approval at the next meeting. He then asked about the fertilizer ordinance and the backyard-chicken ordinance and Ms. Guillet advised they will probably not see those until the second meeting in June.
Commissioner Constantine stated he is proud that Lyman High School, which is where he attended, won the track and field state championship.
Commissioner Constantine noted he grew up on Bear Lake Road which always had an Apopka address. He stated that a number of individuals had asked him if that could be changed to enable them to choose either using Apopka, or if they lived in Seminole County, whether they could use Forest City. After sending a letter to the Postmaster General along with some other citizens, USPS responded saying they reviewed the requests to allow Apopka residents to use Forest City as a city name on correspondence with the zip code 32701 and the request was approved. Commissioners Carey and Dallari questioned whether they need to do anything in Addressing and 911. Ms. Guillet indicated that they will check into that.
Commissioner Henley stated the new CEO of Lynx, Edward Johnson, is on the job now. He added the Board is probably aware that Lynx has declared impasse with the Union since they have been unable to get a contract agreement. Also, they have been notified that the Union has filed a lawsuit claiming that their Trustee Board for union retirement has not properly noticed their meetings for the last 12 years. They are saying that any action taken by that board in the last 12 years is null and void. He remarked that would mean they could go back and collect all the raises they have given over that time. He said they are still trying to determine whether the Union is trying to sue Lynx or the Trustee Board.
In regard to the state championship mentioned previously, Commissioner Henley noted that this was the third straight championship for the young man who won the pole vault, and Lyman High School hasn’t had a pole vaulting pit for him to practice on in years, so he has had to go to other schools to practice in order to be able to compete.
Chairman Horan advised he had some discussions with some constituents in response to a recent article concerning the connection of Jetta Point to the Rolling Hills park, which is ongoing. The residents have some concerns so he has asked them to contact him in order to sit down and discuss what would eventually happen with the Jetta Point property, and to keep the residents advised in the future in that particular area. He advised that he has told constituents that the way this sets up is if the restrictions are removed, the County cannot hold property that doesn’t have a planned public purpose, but the planning and conditions have changed. Consequently, the reason for holding that property for a public purpose has actually gone by the wayside and would need to be put back on the tax rolls; these are the kind of issues the constituents are concerned about. He asked the Commissioners to funnel those inquiries through him because there are certain contacts that he will funnel the information through.
Commissioner Henley pointed out when the Board made the decision to not follow through with the plans at Jetta Point, the motion was to instruct staff to sell or swap the land at that time. Chairman Horan commented that was in 2009.
Motion by Chairman Horan, seconded by Commissioner Carey, to reappoint Karla Keeney for a second year of service and appoint David Shoaff to the SunRail Customer Advisory Committee.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Chairman Horan, seconded by Commissioner Carey, to reappoint Richard Sweat to CareerSource Central Florida.
Districts 1, 2, 3, 4 and 5 voted AYE.
Motion by Chairman Horan, seconded by Commissioner Dallari, to appoint Craig Sturla to the Parks & Preservation Advisory Committee, and to adopt appropriate Resolution #2016-R-80 in appreciation of Jay Zembower for his service on the Parks & Preservation Advisory Committee. The Chairman explained that Jay Zembower is unable to make the meetings at the appointed times.
Districts 1, 2, 3, 4 and 5 voted AYE.
Chairman Horan announced a work session with the School Board has been scheduled for June 28th and issues being contemplated for the agenda include the finalization of the facilities interlocal agreement, the alternative impact study, the Yankee Lake property, school capacity issues, and joint use of facilities. He asked if there are other issues to be added, the Commissioners should discuss those with the County Manager to ensure School Board staff and County staff are well prepared so they can have a productive work session.
Chairman Horan stated in regard to the Central Florida Commission on Homelessness (CFCH), a report is being produced that concerns the action strategies they have with the various counties identifying resources including Homeless Services Network and the Central Florida Foundation, etc. It looks like they have $25 million to $30 million of resources to tap to address this problem for the Central Florida region. The four jurisdictions are basically underwriting what goes on with CFCH; he added they are in the black and making money. The County’s share will be $6,800 for a report on execution and governance, which is important as they go forward. There will be recommendations that will come back to the Board.
Chairman Horan said there is going to be a Vietnam Traveling War Memorial in the City of Longwood in June and they have asked for assistance from the County concerning the costs for the organization that is putting that on. It is being, in part, underwritten by philanthropic groups and veterans groups. Also, the City of Longwood is pitching in and offering facilities. They are asking that the County provide some generators and some in-kind contribution. He said he was advised by the County Manager that there are resources available in savings this year and asked whether the Board would want to approve an appropriation to that group to help underwrite that in the amount of $5,000. Ms. Guillet stated she will send the Commissioners all the details.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to provide the requested generators and an in-kind contribution of $5,000 to the Vietnam Traveling War Memorial.
Districts 1, 2, 3, 4 and 5 voted AYE.
The United States Coast Guard Auxiliary Flotilla here in Sanford would like recognition that May 21 through 27 will be National Boating Safety Week.
COMMUNICATIONS AND/OR REPORTS
The following Communications and/or Reports were received and filed:
1. Copy of a letter dated April 20, 2016, from Buddy Dyer, Mayor of Orlando, to Commissioner Henley re: CFCRC Commission has been charged with taking over SunRail operations no later than 2021.
2. Letter dated April 26, 2016, from Philip Flynn, President and CEO of Central Florida Zoo, to Commissioner Horan re: thanking the Commission for hosting a work session regarding the plans for the 16.9 acres purchased in 2012 for the Zoo.
3. Email dated April 26, 2016, from Frank Karp, Longwood resident, to Elected State & County Officials re: public use of rest areas.
4. Letter dated May 4, 2016, from Ronald A. Smith, Chuluota resident, to Seminole County BOCC and City of Oviedo City Council re: East Side Rural Boundary – Lake Pickett North/South.
There being no further business to come before the Board, Chairman Horan declared the meeting adjourned at 2:55 p.m., this same date.