BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
May 14, 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, May 14,
2019, in Room 1028 of the SEMINOLE
COUNTY SERVICES BUILDING at SANFORD,
FLORIDA, the usual place of meeting of said Board.
Present:
Chairman
Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Chief Deputy Clerk of Court
Brent Holladay
County
Manager Nicole Guillet
County
Attorney Bryant Applegate
Deputy Clerks Chariti Colón and Terri
Porter
Reverend Tom
Eggebrecht, Ascension Lutheran Church, Casselberry, gave the
Invocation. Commissioner Zembower led
the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for 3DMYLIFE
was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-xxxx
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to
adopt a Proclamation recognizing Corporal Bernard L. Johns, United States Army,
Retired, as the May 2019 Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #2 – 2019-1370
Motion by
Commissioner Zembower, seconded by Commissioner Dallari, to adopt a Proclamation
proclaiming May 27, 2019, as Memorial Day in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #3 – 2019-xxxx
Motion by Commissioner
Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation
proclaiming May 2019 as “Older Americans Month” in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #4 – 2019-xxxx
Motion by
Commissioner Constantine, seconded by Commissioner Dallari, to approve
appropriate Resolution #2019-R-73 recognizing Peggy Grundy for her service to
the citizens of Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #5 – 2019-xxxx
Motion by
Commissioner Lockhart, seconded by Commissioner Dallari, to adopt a
Proclamation proclaiming May 2019 as Children’s Mental Health Awareness Month Seminole
County.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #6 – 2019-xxxx
Motion by
Commissioner Dallari, seconded by Commissioner Zembower, to adopt a
Proclamation proclaiming May 19th – 25th, 2019, as Emergency Medical Services
Week in Seminole County.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Agenda Item #7 – 2019-1372
Dennis
Lemma, Seminole County Sheriff, addressed the Board regarding the Opioid
Epidemic and stated in 2018 there were approximately 650 overdoses and 450
deployments of naloxone or Narcan, which is an opioid antagonist that gives
somebody 90 minutes of life. As a result
of an opioid-related overdose, 62 Seminole County citizens died in 2016, 83
citizens in 2017, and 82 citizens in 2018.
He explained if you combined every death resulting from an act of
intentional or accidental gun violence with every death resulting from an
automobile accident or crash, that total is less than half of the amount of
people who have died from an opioid-related overdose; and the amount of people
who are dying of opioids is more than six times the amount of people who were
dying at the height of the crack cocaine epidemic.
The
Sheriff summarized the history of illegal drug dealing noting that in the 1960s
and 1970s it was largely marijuana and heroin.
In the 1980s and the 1990s, it was the international drug trade of
cocaine. In the 1990s, there was methylenedioxy, methamphetamine, and MDMA, which was
commonly known as ecstasy; and there was also flunitrazepam and Rohypnol, which
was commonly known as roofies. Then
designer drugs like bath salts came in, which are drugs that chemists in labs
across the world tweak to make sure they remain off of the prohibited, illegal
list of drugs.
The
Sheriff expressed legalized drug dealing has also been occurring. He explained Purdue Pharmaceuticals put
Oxycontin on the market and an unprecedented thing happened with the Food and
Drug Administration. Curtis Wright with
the FDA, who later worked for Purdue Pharmaceuticals marketing Oxycontin, went
on record and made a statement that because of the slow release formula of
Oxycontin it was less than .5% likely to become addictive if used
properly. The Sheriff stated the
executives at Purdue knew, however, it wasn't being used properly because they
heard from him, his peers across the country, medical doctors, and addiction
specialists that people were watering it down, soaking it, melting it, and
using it almost like pure heroin; and Purdue did nothing. Three of the top executives at Purdue were
found guilty in federal criminal court and issued to pay out a multimillion
dollar settlement, and they were also individually sued and had to pay millions
of dollars.
The
Sheriff explained as states throughout the country realized people were dying
at record numbers from opioids, they created a monitoring system that
determined how many pills a doctor was prescribing and how many pills a patient
was receiving; but Florida was a little late in the game when it came to
that. When people from other states
found out that Florida was the only state in the southeastern area without a
monitoring system, they would travel here.
The
Sheriff commented that 85% of the people who are now addicted were at one time
legally prescribed the drug by a doctor for a legitimate preexisting medical
condition. He mentioned if the doctor
decided to wean a patient off of the opioid, the patient could just walk to the
business next door and tell them they had a back injury and they would be given
whatever they needed.
The
largest pill provider in the state was American Pain located in Broward County,
South Florida. At one time, 90% of the
prescription pills across the country were prescribed out of American Pain,
which then opened the door for 850 pill mills across the state. Thirteen of those pill mills were in Seminole
County. The Sheriff stated one was close
to the Sheriff's Office. He recalled
driving by at 8:00 in the morning and seeing a person in battle dress uniform
with security printed on the back of his shirt who was walking up and down a
line of nearly 500 people who had become addicted.
The
Sheriff stated people would travel from other states and go to homeless camps
in South Florida. They would find 50 to
100 people inside the homeless camps and take them to a tractor trailer that
was in the parking lot of an adult entertainment establishment right across the
street from American Pain, and they would be marched through a portable MRI
system that operated in the back of the tractor trailer truck. The only direction given was to scan people's
backs until you find something that looks like it could be painful. When you find that, stop and give me the
MRI. They would take all of those
homeless people, walk them through the pain clinic, and show the MRIs. At the time, prescriptions could still be
filled at that location. The legalized
drug dealers would give every homeless person a $100, take all of their pills,
and say I'll see you in about three or four days.
In 2001,
Florida Attorney General Bob Butterworth created a lawsuit against Purdue
Pharmaceutical. As a result of a
settlement agreement, $2 million was set aside to create the prescription pill
monitoring system. It was much later
than that before Florida took advantage of those opportunities under the
leadership of Attorney General Pam Bondi.
Recently, Governor Ron DeSantis and Attorney General Ashley Moody toured
the state and talked to citizens and saw the devastation that this has created,
and they have made it a priority.
The
Sheriff stated Attorney General Ashley Moody asked him to chair her opioid
working group to evaluate best practices across the state to come up with a
comprehensive long term strategy to combat this. And in order to do that, he did not have to
look very far, because he felt the chemistry, relationship, and ability to
collaborate here as a county with the elected officials and community leaders
and faith based community created the perfect atmosphere and environment to
talk about best practices and implement some of the strategies to combat this.
The
Sheriff stated his office has put together the SCORE Team, Seminole
Collaborative Opioid Response Effort.
They immediately respond to every single overdose in Seminole County to
help that person navigate the course to recovery. He commented this is not a situation of
trying to make bad people good but rather sick people well, and this is not a
soft-on-crime approach. He mentioned 13
individuals have been charged in Seminole County with first-degree murder for
dealing deadly doses of narcotics to citizens.
The
Sheriff explained heroin is coming in from Mexico and synthetic heroin,
fentanyl and carfentanil, is coming in from
China. In order to increase profits,
drug dealers take the heroin from Mexico and mix it with synthetic fentanyl or carfentanil from China, which results in the most powerful
drug that has ever been on the street.
He noted that fentanyl, synthetic heroin, is 100 times more potent than
morphine and 50 times more potent than heroin.
Carfentanil is 100 times more potent than fentanyl. He explained just a couple of grams of carfentanil would kill everybody in chambers just based on
breathing and exposure to it, which is why it has caused deaths at
unprecedented numbers.
The
Sheriff announced Captain Sandy Gibson has returned to the Sheriff's Office
from retirement to serve as "Countywide Drug Czar." They have released a housing unit inside of
the correctional facility that takes every person who has committed an offense
and puts them through therapy and treatment on the inside.
He
explained opioid addiction has to be treated as a medical illness and requires
medically assisted treatment, not just abstaining, and there are three popular
remedies. One is methadone, but you can
still misuse methadone and it has a street value for certain people. Second is Suboxone or buprenorphine, which
presents a very promising future. And
then what is used in prisons and jails quite often is Vivitrol. The Sheriff noted one dose of Vivitrol, which
lasts 28 days and blocks the opioid receptors in the brain that creates
cravings, costs about $1,800 a dose. He
added there is an opportunity to work with local, state, and federal partners
to help offset the cost and create a regimen for people.
The
Sheriff stated they are looking to create a drug assessment center for people
who are navigating the course to recovery, both those who have had contact with
law enforcement and those who have not had contact with law enforcement. He would like to work with staff to explore
some options with what they can do with some preexisting space in the building
that is currently used for the probation office. He stated he is not asking for expansion or
to spend more money.
The
Sheriff commented that families are being devastated. One out of every ten people are genetically
prone to addiction and they just don't know it.
He stated the frontal cortex of the brain that deals with decision-making
is directly affected by prolonged and extended misuse of an opioid. He opined our greatest contribution is to
protect and preserve human life. In the
27 years that he has been at the Sheriff's Office, he has been through the wild
fires, tornadoes, international trials, and all of those things that have been
experienced here as a county. He stated
nothing has taken human life as much as this.
This is not a situation of somebody who is living under the overpass who
started with marijuana and eventually evolved into heroin. These are military veterans, college
athletes, people who live next door to us and live common, normal, everyday
lives. They need help beating this
addiction. The Sheriff stated he would
yield to the Board for any questions or comments.
Commissioner
Dallari clarified with the Sheriff he is asking to work with staff to re-purpose
some space. The Sheriff added he is
asking for that to occur in a very expedited manner. There are other stakeholders that are willing
to partnership, such as local hospitals and facilities, so he is asking for
help to re-purpose the use of the probation office as a first step in building
a drug assessment center. That is the
first request. Commissioner Dallari
stated he did not see any reason why they can't expedite the request and try to
move forward with that. Commissioner
Zembower and Commissioner Lockhart thanked the Sheriff and voiced their support
for his request.
Chairman
Carey stated what she is hearing from the Board is they will give direction for
the County Manager to immediately work to help convert the facilities that the
Sheriff already occupies for probation as a treatment assessment center. No
objections were voiced. She
commented she doesn't know what that involves, but both the County and the
Sheriff's Office have facility folks.
The Chairman confirmed with Ms. Guillet that she had all the direction
that she needed to understand what the Board is looking for.
The
Sheriff commented as a follow-up that many people start this because they're
searching for the euphoria or the relief of pain; but what happens is they
become dope sick, and they cannot function unless they get that daily dose of
opioid. What they are seeing is not
necessarily people who are trying to get high anymore. Everyone is predicting that the numbers will
climb. Last year, 74,000 people across
the country died and 17 people a day across the state of Florida.
Commissioner
Dallari advised the Sheriff that this is not the first time they have discussed
this as a Board. They have instructed
the County Attorney's Office to get involved on the legal side of it, and they
are taking that approach as well, so they are looking at this from different
aspects. The Commissioner added he
thinks it is appropriate they are partnering on many different aspects of this
from different directions.
Commissioner
Constantine thanked the Sheriff for his presentation and framing the issue so
well from all the way in the beginnings in the 1960s. Chairman Carey recalled working with Sheriff
Eslinger about the pill mill crisis. She
commented they rely on the Sheriff's Office to bring them the issues that need
to be addressed by the Board.
Chairman Carey recessed
the meeting at 10:44 a.m., reconvening at 10:56 a.m.
CONSENT AGENDA
County
Manager Nicole Guillet requested Item #16, County surplus property located at
997 East Altamonte Drive, be continued
to the afternoon session as it is related to Item #45, Amendment to the
Fire and Emergency Medical Services Agreement between Seminole County and the
City of Altamonte Springs for the purpose of relocating Fire Station 11. Chairman Carey commented that Item #45 had no
legal description, parcel identification, or exhibit attached to the Agreement
indicating what the 1.38 acres entails, so she has asked the County Attorney’s
Office to provide the exhibit before the item is heard this afternoon.
Ms.
Guillet announced that Item #40, Purchase Agreement for
Rosenwald Exceptional Student Education School, has been pulled from the agenda and continued to the June 11, 2019,
meeting. The Chairman commented that the
reason it is being continued is the document was not as thorough as it needed
to be. Commissioner Lockhart noted
there were several members of the community in attendance for this item and
requested they have an opportunity to speak if they wish. Chairman Carey responded if anyone would like
to speak on Rosenwald, they will be allowed to do so as long as they understand
the item is not going to be voted on until June.
Commissioner
Zembower requested that Item #10, Plat for the Estates at Wellington, be pulled for a separate discussion.
Chairman
Carey requested that Item #12, Amended and Restated Memorandum of Understanding
regarding the Nygren Carriage Collection Exhibit, be pulled for a separate discussion.
With
regard to public participation, no one in the audience spoke in support or
opposition to the Consent Agenda, and public input was closed.
Motion by
Commissioner Constantine, seconded by Commissioner Lockhart, to authorize and
approve the following:
Community
Services
Community
Development Division
8. Approve
and authorize the Chairman to execute the First Amendment to Medical System of
Care Agreement with The Health Council of East Central Florida to provide
outpatient medical health treatment services to uninsured and underinsured
residents of Seminole County for either free or at a reduced-cost basis. (2019-1351)
9. Approve and authorize the
Chairman to execute the Neighborhood Stabilization Program Rental Property
Management Agreement between Seminole County and Grand Avenue Economic
Community Development Corporation to provide affordable rental housing for
households transitioning from homelessness in Seminole County. (2019-1369)
Development Services
Planning and Development Division
10. Pulled
for a separate discussion.
11. Approve the Minor Plat for The Grove
subdivision containing two (2) lots on 15.06 acres zoned C-2 (Retail
Commercial), located on the north side of W. SR 426, west of Howell Branch Road. (2019-1365)
Leisure Services
Parks and Recreation
12. Pulled
for a separate discussion.
Public Works
Engineering Division
13. Approve and authorize the Chairman to execute
an Interlocal Agreement between Seminole County and the City of Oviedo relating
to the Administration of City and County's Share of Funds under the One-Cent
Local Government Infrastructure Surtax for Transportation Improvement Projects
Located within the City in the amount of $2,212,000 for the Geneva Drive
Extension and Realignment. (2019-1280)
14. Approve and authorize the Chairman to execute
a Purchase Agreement in the amount of $12,500 between property owner, Oaks Out,
LLC, and Seminole County for property interests necessary for the construction
and maintenance of a turn lane along a portion of Longwood-Lake Mary Road and
West Lake Mary Boulevard. (2019-1329)
15. Approve and authorize the Chairman to adopt
appropriate Resolution #2019-R-74; and authorize the Chairman to accept
Warranty Deeds donated by Sheryl A. Landrio, f/k/a
Sheryl A. Woodrow and Angel Crespo and Abigail Crespo to Seminole County related
to the drainage improvements and continued maintenance of Virginia Avenue,
south of East Hillcrest Street. (2019-1361)
16. Continued
to the afternoon session the request to approve and authorize the Chairman
to adopt a Resolution and execute a County Deed providing for the declaration
of surplus of County property located at 997 East Altamonte Drive to the City
of Altamonte Springs for intersection improvements at SR 436 and Ronald Reagan
Boulevard (CR 427). (2019-1344)
17. Approve and authorize the Chairman to execute
a Purchase Agreement in the amount of $347,700 between property owner, The
Pentecostal Church of God, Inc., and Seminole County for property necessary for
the construction and maintenance of a stormwater retention pond located on the
north side of Hillview Drive approximately 500 feet east of Mathews Road. (2019-1363)
Resource Management
Budget Division
18. Approve and authorize the Chairman to execute
Amendment #1 to the Florida Department of Children and Families Criminal Justice,
Mental Health, and Substance Abuse Reinvestment Grant that clarifies contract
language for the Sheriff's Juvenile SNAP grant program. (2019-1349)
19. Approve and authorize the Chairman to execute
a Grant Agreement with the U.S. Department of Homeland Security Federal
Emergency Management Agency (FEMA) passed through from Florida Division of
Emergency Management in the amount of $1,140,409.41 for the Curryville
Road repair and debris removal from Hurricane Irma; and authorize the County
Manager to sign all related modifications and forms to this contract. (2019-1354)
20. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-76 implementing Budget Amendment Request (BAR)
#19-054 in the amount of $14,980.74 for increase revenue of subsequent release
of additional grant funds for the CSBG from the State of Florida Department of
Economic Opportunity. (2019-1346)
21. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-77 implementing Budget Amendment Request (BAR)
#19-057 in the amount of $270,207 through the CSBG Fund in acceptance of a
Notice of Grant Award from the State of Florida Department of Economic
Opportunity 2019-2020 grant award; and authorize the County Manager to execute
all grant-related documents. (2019-1355).
Parks and Recreation Division
22. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-78 implementing Budget Amendment Request (BAR)
#19-058 in the amount of $46,891 through the Tourism Sports 4 & 6 Cent Fund
for the purchase of 29 pitching mounds at the Boombah
Sports Complex.
(2019-1362)
Budget Division
23. Approve and authorize the Chairman to execute
appropriate Resolution #2019-R-79 implementing Budget Amendment Request (BAR)
#19-059 to restructure and reallocate funding in FY 2018/19 for various capital
projects in the Water and Sewer and Solid Waste Funds transferring a total of
$1,385,000 to Reserves in the 40108 Water and Sewer Capital Fund. (2019-1359)
Purchasing and Contracts Division
24. Approve and authorize the Chairman to award
IFB-603432-19/PJC, Term Contracts for Electrical Services for Residential
Properties, to Yang Inc., d/b/a SEMCO Electric Co., Orlando; T North d/b/a
Aurora Electric, Sorrento; and Doc Watts Electric, Orlando; and authorize the
Purchasing and Contracts Division to execute the Agreements. (2019-1336)
25. Approve and authorize the Chairman to award IFB-603433-19/PJC,
Term Contracts for HVAC Mechanical Residential Properties, to BNL Contractors,
LLC d/b/a Ameritech A/C & Heating, Orlando; Climate Control Mechanical
Services, Ocala; Supa Air and Heat, Inc., Hollywood; and M & J Enterprises
International, Inc., Winter Park; and authorize the Purchasing and Contracts
Division to execute the Agreements. (2019-1335)
26. Approve and authorize the Chairman to award
IFB-603436-19/PJC, Term Contracts for Plumbing Services for Residential
Properties, to M & J Enterprises International, Inc., Winter Park; and Pat
Lynch Construction, Orlando; and authorize the Purchasing and Contract Division
to execute the Agreements. (2019-1341)
27. Approve and authorize the Chairman to approve
Sole Source Procurement SS-603501-19/ESN for the purchase of Key TRU-ID 2.5
Fire Hoses in the amount of $120,000; and authorize the Purchasing and
Contracts Division to solicit bids after approval of the "brand name"
only procurement. (2019-1352)
28. Approve and authorize the Chairman to approve
a Sole Source Procurement SS-603377-18/ESN for the purchase of Chest
Compression Systems to Physio-Control, Inc., Redmond, WA, in the amount of
$346,912.50; authorize the Purchasing and Contracts Division to issue a
Purchase Order; and approve and authorize the Chairman to execute appropriate
Resolution #2019-R-80 implementing the Budget Amendment Request (BAR) #19-049
through the Fire District Funds in the net amount of $28,603 to increase the
existing budget. (2019-1309)
29. Approve and authorize the Chairman to award
RFP-603430-19/BJC, Term Contract for Household Hazardous Waste (HHW) Program,
to AERC Acquisition Corporation d/b/a AERC Recycling Solutions - A Clean Earth
Company, West Melbourne; and authorize the Purchasing and Contracts Division to
execute the Agreement. (2019-1357)
30. Approve and authorize the Chairman to award
CC-2343-19/GCM, Water Distribution System Rehab & Replace Sunrise
Subdivision, with SanPik, Inc., Lake Mary, in the
amount of $230,250; and authorize the Purchasing and Contracts Division to
execute the Agreement. (2019-1331)
31. Approve and authorize the Chairman to award
IFB-603397-19/TLR, Term Contract for Large and Main Facility Landscape
Maintenance, to BrightView Landscape Services, Inc., Longwood, for the
estimated annual amount of $267,155; and authorize the Purchasing and Contracts
Division to execute the agreement. (2019-1323)
32. Approve and authorize the Chairman to approve
Work Order #43 for Sanlando Estates Sidewalks Phase
II under PS-0009-15/RTB, Design Services for Public Works Minor Projects Less
Than $2,000,000, with Inwood Consulting Engineers, Inc., Oviedo, in the amount
of $154,473.56; and authorize the Purchasing and Contracts Division to execute
the Work Order. (2019-1347)
33. Approve and authorize the Chairman to approve
Work Order #44 for Spring Lake Watershed Drainage Improvements under
PS-0009-15/RTB, Design Services for Public Works Minor Projects Less Than
$2,000,000, with Atkins North America, Inc., Orlando, in the amount of
$144,839.35; and authorize the Purchasing and Contracts Division to execute the
Work Order. (2019-1348)
34. Approve and authorize the Chairman to approve
Work Order #3 for Grace Lake Flood Rehabilitation Improvements - Final Design
Phase under PS-0121-15/RTB, Subdivision Rehabilitation Program Consultant
Services Agreement, with Singhofen & Associates,
Inc., Orlando, in the amount of $184,702.29; and authorize the Purchasing and
Contracts Division to execute the Work Order.
(2019-1342)
35. Approve and authorize the Chairman to approve
Work Order #11 for CEI Services for Markham Woods Gravity Wall Rehabilitation
under PS-1832-18/AEJ, Continuing CEI Services for Construction Less than
$2,000,000, with England-Thims & Miller, Lake
Mary, in the amount of $138,307.38; and authorize the Purchasing and Contracts
Division to execute the Work Order. (2019-1321)
36. Approve and authorize the Chairman to approve
Work Order #42 for Variable Message Signs, VMS, six locations, under
PS-0009-15/RTB, Continuing Consultant Services Agreement Design of Minor
Projects with Construction Costs less than $2,000,000, with Pegasus
Engineering, LLC, Winter Springs, in the amount of $134,815.94; and authorize
the Purchasing and Contracts Division to execute the Work Order. (2019-1330)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent
Agenda Item #10 - 2019-1356
Estates at Wellington Final Plat
Commissioner Zembower stated he has been following
this since Planning and Zoning. He
commented it looks like the applicant and the engineers have got everything
worked out with the community. There is
some concern about the new drainage design, and everybody in the community at
this point is taking on good faith that the drainage is, in fact, going to be
handled; but they still have some concerns of not truly understanding what is
going to happen there. Chairman Carey
noted this is a request to record the Plat, and the drainage will be done at
final engineering.
Motion by Commissioner Zembower, seconded by
Commissioner Dallari, to approve and authorize the Chairman to approve the Plat
for the Estates at Wellington single-family residential subdivision containing
twenty-six (26) lots on 36.79 acres zoned PD (Planned Development), located on
the south side of Mikler Road, approximately one mile
south of Red Bug Lake Road. (2019-1356)
Districts
1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #12 - 2019-1364
Nygren Carriage Collection Amended Memorandum of
Understanding
Chairman Carey stated there is always some confusion about
the Historical Society and the Historical Commission. She explained the Board of County
Commissioners appoints members to the Historical Commission to be an advisory
board to them. The Historical Society is
a separate corporation, which is privately run, and Don Epps is the current
president.
This item ties back to Mr. Nygren's buggy collection which
the County is agreeing to take. As a
part of this, it has that they are applying for a grant, and there is
discussion that there is County money to be allocated as a match for that. The Chairman expressed the Board has not had
a discussion to say they are doing that.
It was her understanding the Board said that the Historical Society and
Historical Commission would raise any money needed to be able to move this
collection forward.
Ms. Guillet explained this item simply deals with the
storage of the buggies, and it references the original agreement with them that
they needed some documentation that if they could raise the money to retrofit
one of the county buildings over at Five Points they could use that for the
display of the buggies, so that reference to the grant just refers back to that
agreement.
Ms. Guillet commented she had an item under the County
Manager Briefing this morning to talk to the Board about a request the County
had received to be the applicant for a grant that would require a $55,000
match. There had been a commitment by
the Historical Society and the Historical Commission to provide that match, and
staff has talked with Mr. Epps. It will
actually be the Historical Society applying for the grant, so the County won't
be a party to it. She expects there will
be a request to use some of the money that is in the donation line for the
Historical Museum. She believes that is
where the Historical Commission thought the additional match money would come
from, but that is money that the Board would have to allocate. It is not part of this agreement and not
related to this at all. The County will
not be the applicants on the grant.
However, if there is a desire for them to use some of that donation
money as a match, it would have to come back to the Board as a separate
action.
Chairman Carey stated the reason she pulled the item to talk
about it is she does not want the Historical Society pursuing something that
they think they have access or control of the funds that have been donated to
the County. She is having this
discussion publicly so that everybody is aware of what will need to happen in
order for any funding to come from the County.
Ms. Guillet commented the Historical Society may have their own funds,
but the Historical Commission does not.
Chairman Carey opined there is some confusion among staff about which is
which and who has control of what, but none of the advisory boards have the
ability to commit County funds. The
Board of County Commissioners is the board that has the ability to do that. She stated she just wanted to clarify that to
make sure everybody is all on the same page.
Motion by Chairman Carey, seconded by Commissioner Zembower, to
approve and authorize the Chairman to execute the Amended and Restated
Memorandum of Understanding between Seminole County, the Seminole County
Historical Commission, and the Seminole County Historical Society, Inc., for
possession and storage of the Nygren Carriage Collection Exhibit. (2019-1364)
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk
& Comptroller’s Consent Agenda Item #37
– 2019-1360
Motion by Commissioner Zembower, seconded
by Commissioner Lockhart, to approve Expenditure
Approval Lists April 8, 15, and 22, 2019; Payroll Approval List dated April 18,
2019; and the BCC Official Minutes dated March 26 and April 9, 2019. (2018-1360)
Districts 1, 2,
3, 4, and 5 voted AYE.
Clerk & Comptroller’s “Received
and Filed” Documents
1.
Florida
Public Service Commission Order Approving Duke Energy Florida, LLC’s LS-1 Rate
Schedule Modifications #PSC-2019-0100-TRF-EI re: Petition for approval of
modifications to rate schedule LS-1, lighting service by Duke Energy Florida,
LLC, Docket #20190023-EI, issued March 13, 2019.
2.
Florida
Public Service Commission Consummating Order #PSC-2019-0125-CO-EI re: Petition
for approval of modifications to rate schedule LS-1, lighting service by Duke
Energy Florida, LLC, Docket #20190023-EI, issued April 8, 2019.
3.
Florida
Public Service Commission Order Suspending Proposed SolarTogether
Program Tariff #PSC-2019-0143-PCO-EI re: Petition for approval of FPL SolarTogether program and tariff by Florida Power &
Light Company, Docket #20190061-EI, issued April 22, 2019.
4.
Florida
Public Service Commission Order Granting Florida Public Utilities Company’s
Petition for Approval of Revised Transportation Imbalance Tariffs
#PSC-2019-0153-TRF-GU re: Petition for authority for approval of revised
transportation imbalance tariffs by Florida Public Utilities Company; Florida
Public Utilities Company-Ft. Meade, Docket #20190036-GU, issued April 24, 2019.
5.
Homelessness
Partnership Agreement Fiscal Year 2018-2019 with Health Care Center for the
Homeless, Inc. (as approved by the BCC on December 11, 2018).
6.
Customer
Agreement for Reclaimed Water Rates with National Retail Properties, LP for the
project known as TopGolf.
7.
Conditional
Utility Agreement for water, wastewater, or reclaimed water services with
RaceTrac Petroleum, Inc. for the project known as RaceTrac (Slavia Road).
8.
Bill of
Sale accepting water and sewer systems for the project known as Meadows at
Hawk’s Crest Phase 2; Taylor Morrison of Florida, Inc.
9.
Unauthorized
Commitment Memorandum dated April 2, 2019, from Jim Beach, Roads-Stormwater
Division Manager, to Nicole Guillet, County Manager, regarding unauthorized
purchase in the amount of $3,588.48.
10.
Certificate
of Costs of Abatement for Barbara Hydanus c/o Living
Seniors Assisted Living, for property located at 121 Spring Valley Loop, in the
amount of $1,166.13.
11.
Cash
Maintenance Bond for the project known as Brighton Estates, in the amount of
$15,799; Private Road Maintenance Agreement; and Recording of Plats.
12.
Cash
Maintenance Bond for the project known as International Parkway Freestanding
Emergency Department (FSED), in the amount of $6,588.95; Paving and Drainage
Improvements Maintenance and Escrow Agreement.
13.
Maintenance
Bond #SU1156089 (Water and Sewer Facilities) for the project known as Meadows
at Hawk’s Crest Phase 2, in the amount of $34,452.56.
14.
Recording
of Plats for the Brighton Estates subdivision; Sun-Tec Builders, Inc.
15.
Developer’s
Commitment Agreement #18-20500037 for the Woodsprings
Hotel PD; Hallmark Equity Partners, LLC.
16.
Denial
Development Order #19-30000017, 180 Tollgate Branch, Timothy Loughran.
17.
Approval
Development Orders #19-30000025, 139 Rose Briar Drive, Jonathan and Alexandra
Hilliard; #19-30000024, 1108 S. Black Acre Court, Frederick and Elizabeth
Parker (Stroud); #19-30000023, 690 Lake Kathryn Circle, Jason and Lindsey
Bickford; #19-30000022, 126 Duncan Trail, Jeffrey and Rebecca Ning;
#19-30000021, 255 Tollgate Trail, Orion and Rachel Aldrich; #19-30000020, 203
Colonial Lane, Anthony Green; #19-30000019, 3509 S. St. Lucie Drive, Brian Csercsevits; #19-30000015, 894 Crows Bluff Lane, Susan
Cash; #19-30000014, 201 Wessex Road, Richard and Kristin Miller.
18.
Parks
Contracts for Services with Branson Mann and Ana Salazar; Assistant Tennis Pro
Agreement with Robert Brinn; Tennis Developmental
Instructor Agreement with Branson Mann.
19.
Tourist
Tax Funding Agreement with Prospect Wire, Inc. for the NextGen Championship.
20.
Tourist
Tax Funding Agreement with USSSA Central Florida Fast Pitch LLC for the Bownet Frenzy.
21.
Tourist
Tax Funding Agreement with Florida Half Century Amateur Softball Association,
Inc. for the April 50s and 60s Senior Softball Tournament.
22.
Work
Order #41 to PS-0009-15 with Atkins North America, Inc.
23.
Work
Order #40 to PS-0009-15 with Inwood Consulting Engineers, Inc.
24.
Closeout
to Work Order #6 to RFP-1294-17 with Pat Lynch Construction, LLC.
25.
Change
Order #2 to Work Order #10 to RFP-1294-17 with M&J Enterprises
International, Inc.
26.
Change
Order #2 to Work Order #11 to RFP-1294-17 with M&J Enterprises
International, Inc.
27.
Work
Order #14 to RFP-1294-17 with Dager Construction,
Inc.
28.
Work
Order #16 to RFP-1294-17 with M&J Enterprises International, Inc.
29.
Closeout
to Work Order #7 to RFP-1294-17 with M&J Enterprises International, Inc.
30.
Work
Order #11 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
31.
First
Amendment to CC-1391-17 with Central Florida Environmental Corp.; P&S
Paving, Inc.; Ryan Fitzgerald Construction, Inc.; and Schuller Contractors,
Inc.
32.
Work
Order #6 to PS-1474-17 with S2L, Inc.
33.
Work
Order #7 to PS-1522-18 with Tierra, Inc.
34.
Change
Order #3 to CC-1525-17 with Florida Safety Contractors, Inc.
35.
Work
Orders #5 and #6 to PS-1529-17 with Albeck Gerken, Inc.
36.
Change
Order #3 to CC-1719-18 with CTR III Enterprise, Inc. d/b/a CEG.
37.
Second
Amendment to PS-1822-18 with CH2M Hill Engineers, Inc.
38.
Work
Order #10 to PS-1822-18 with CH2M Hill Engineers, Inc.
39.
Work
Order #10 to PS-1832-18 with CDM Smith, Inc.
40.
Change
Order #1 to CC-1918-18 with Seminole Masonry, LLC.
41.
Change
Order #2 to CC-1988-18 with Construction Partners, LLC.
42.
PS-2225-19,
Agreement for Professional Engineering Services, with Atkins North America,
Inc.
43.
CC-2408-19,
Construction Services Agreement, with Linton Enterprises, Inc.
44.
CC-2421-19,
Construction Services Agreement, with Linton Enterprises, Inc.
45.
First
Amendment to RFI-602205-17 with Ten-8 Fire Equipment, Inc.
46.
Sixth
Amendment to IFB-602230-15 with Cypress Supply, Inc.
47.
Third
Amendment to IFB-602373-15 with Ameriscapes Landscape
Management Services, LLC.
48.
RFQ-603240-18,
Mobile Concessions Services Agreements, with Nicole Isola d/b/a Ono Moku Shaved Hawaiian Ice and Ogia
Khin Abshawis, LLC (as
approved by the BCC on December 11, 2018).
49.
RFP-603348-18,
Term Contract, with Housing and Neighborhood Development Services of Central
Florida, Inc. d/b/a Hands of Central Florida, Inc.
50.
RFP-603424-19,
Term Contract, with Pinel & Carpenter, Inc.
51.
IFB-603428-19,
Term Contract, with The Ware Group, LLC, d/b/a Johnstone Supply.
52.
IFB-603428-19,
Term Contract, with Tri-Dim Filter Corporation.
53.
IFB-603429-19,
Term Contract, with Trafficware Group, Inc.
54.
Amendment
#3 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.
55.
First
Amendment to CC-9184-13 with Central Florida Environmental Corporation.
56.
Amendment
#7 to Work Order #1 to RFP-9948-14 with CH2M Hill Engineers, Inc.
57.
Bids as
follows:
PS-2266-19 from Alfred Benesch & Company; CDM Smith, Inc.; Kimley-Horn
and Associates, Inc.; The Corradino Group, Inc.; HDR Engineering, Inc.; WSP
USA, Inc.;
CC-2343-19 from SanPik, Inc.; U.S. Water
Services Corporation; Killebrew, Inc.; Affordable Development, a division of
Driveways, Inc.; Valencia Construction Group, Inc.; Providence Construction
& Development; Central Florida Environmental Corp.;
IFB-603429-19 from Trafficware
Group, Inc.;
RFP-603424-19 from Pinel &
Carpenter, Inc.; Eminent Valuations, PLLC;
IFB-603464-19 from 4MD Medical Solutions; Bound Tree
Medical, LLC; Concordance Healthcare Solutions, LLC; Epic Medical Supply Corp.;
Henry Schein, Inc.; IGMC Medical Technology Group; QuadMed,
Inc.; Rece International Corp.; and
IFB-603397-19 from Trimac
Outdoor; AmeriScapes Landscape Management Services,
LLC; Quisqueya Landscaping Services, LLC; BrightView Landscape Services, Inc.;
ASI Landscape Management.
REGULAR
AGENDA
Agenda Item
#40 – 2019-1371 (continued to June
11, 2019)
Chairman Carey announced she would
like to hear any public comment on the Purchase
Agreement for Rosenwald Exceptional Student Education School before moving onto
the regular agenda items.
Jay Blackshear, 1231
Merritt Street, representing South Seminole Community Association for Progress
and Apostolic Church of Jesus in Altamonte Springs, addressed the Board in
support of this item and expressed the community’s desire to help in any way.
Public Comment Form received
and filed.
Chairman Carey
requested Ms. Guillet address some of the points Mr. Blackshear spoke
about. Ms. Guillet stated she has been
working with Commissioner Lockhart. The
intent once the property is purchased is to do a request for proposal to look
for partners to redevelop the site in a way that is beneficial to the
community. She stated she has started to
put together the provisions of the request for proposals, and she has been
using the We Care plan that Renaissance did.
There is also an element for community participation. She stated her recommendation to the Board
would be to also include members of the community on the selection committee
for the proposal. It has been
communicated to her that the Board wants to address the community needs with
that site if the County does purchase and redevelop it.
Chairman Carey
commented the only reason this item is not on today’s agenda is because there
were some technical issues with the contract that were not finished and they do
not want to rush into it. She added once
the contract closes, Commissioner Lockhart and Ms. Guillet will continue to
work with the community to bring things to the Board that will truly represent
the entire community. Commissioner
Lockhart thanked Mr. Blackshear and the other community members for their
patience and attendance at the meeting.
Agenda Item
#38 – 2019-1314
Tricia Johnson, Economic
Development and Community Relations Chief Administrator, addressed the Board to present the request as outlined in the agenda
memorandum. She added the County’s
return on investment for this project is approximately three years. When considering all taxing jurisdictions at
city, county, and schools, the ROI time frame is reduced to less than a
year. The City of Sanford voted to
support this Jobs Growth Incentive at their City Commission meeting on May 13,
2019. Ms. Johnson stated David Jakubs, CEO of ACME Glass, and Bob Turk, City of Sanford,
were in attendance.
Commissioner
Constantine commented this is the type of project that they are looking
for. It is a very minor investment for a
very large return, and the return on investment is very short. Commissioner Lockhart stated she would like
to know from all the cities what their goals, target markets, and priorities
are moving forward. Chairman Carey
requested Ms. Johnson prepare a summary of her discussions with all the cities
so the Board knows what they are looking for.
She mentioned manufacturing has been a priority for the Board because it
is a little different than the high-wage paying jobs that come and go and the
call centers and those type of things.
With regard to public
participation, no one in the audience spoke in support or in opposition to this
item and public input was closed.
Motion by
Commissioner Constantine, seconded by Commissioner Lockhart, to approve and
authorize the Chairman to approve the Jobs Growth Incentive Funding Agreement
between CM Glazing, LLC d/b/a ACME Glass and Seminole County, providing an
incentive of $1,000 per job, for a total of $25,000 to be split evenly with the
City of Sanford, with Seminole County’s local financial support totaling
$12,500, for the creation of twenty-five (25) jobs; and execute the Interlocal
Funding Agreement with the City of Sanford.
(2019-1314)
Districts 1, 2, 3, 4,
and 5 voted AYE.
Agenda Item
#39 – 2019-1326
Chairman Carey stated this item is
the Resolution to create the 2020 U.S. Decennial Consensus Committee. In addition to the Board approving it, they
need to have four residents, community or business leaders, that are going to
be recommended for appointment to the Board within the next four weeks. The Chairman requested Tony Matthews,
Planning and Development Division, to provide all of the commissioners a
snapshot of what the program looks like with the time commitment, so they can
fulfill the obligation that they are committing to.
Motion by
Commissioner Dallari, seconded by Commissioner Lockhart, to approve and
authorize the Chairman to adopt appropriate Resolution #2019-R-81 creating the
2020 U.S. Decennial Census, Seminole County Complete Count Committee. (2019-1326)
Districts 1, 2, 3, 4, and 5 voted
AYE.
Chairman Carey advised the Board
does not need a presentation for this item.
John Horvath, 1004 Bradford Drive,
spoke in support and offered to volunteer for the committee. Chairman Carey advised Mr. Horvath of how to
apply. Mr. Matthews advised the Board he
would be bringing the recommendations for appointments at the July 23, 2019,
meeting.
Channa Lloyd, 2020
Census Partnership Specialist, addressed the Board stating this is going to be
the first time the primary response method will be online, so they want people
to know and be comfortable with that. The secondary method is going to be on the
telephone where residents can call in.
They have assistants in various languages to assist with completing the
form. Since Florida receives over $29
million per year for the decade in the Census funding due to the Census count,
they want to make sure everyone is counted.
In 2010, Seminole County's response rate was 77%, which means one out of
every four did not respond, and that is a significant amount when looking at
the dollars that are being brought in, so they are looking to increase the
response rate. They have found there are
hard-to-count communities, which is typically any community that does not
respond. The Census has found the
Complete Count Committees addresses that because they are able to tailor the
message to the unique populations that are not responding, and they are able
work with community leaders and individuals within those communities to bring
that count up. The Complete Count
Committees also assist the Census with getting information out about the jobs
to residents that are available where they hire from the local area in which
they would be working in, so that is something they want residents to know that
is available to them. Ms. Lloyd
distributed 2020 Census information packets to the Board (received and filed).
Public Comment Forms received and
filed.
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.
Agenda Item
#41 – 2019-1306
Patt Hughes,
Planning and Development, addressed the Board to present a request to consider
a reduction of a Code Enforcement Board lien in the amount of $903,250 for Case
#09-18-CEB, on property owned by Rosemarie A. Morris located at 2015 Green
Cedar Lane, Geneva, due to a proven financial hardship, as outlined in the
agenda memorandum. Ms. Hughes reviewed
the timeline stating the Respondent removed the mobile home and had intended to
replace it, but it was determined that she would require a variance. She received her variance in December of 2006
and applied for permits. By then, too
much time had passed and she lost her deposit on the mobile home and could not
afford another down payment. On January
20, 2009, a statement of violation and request for hearing was submitted by the
building inspector. On February 26,
2009, the Code Enforcement Board issued a finding of fact, conclusions of law
and order, giving the Respondent a compliance date of March 29, 2009, with a
fine of $250 per day if the Respondent failed to obtain compliance. On March 31, 2009, an affidavit of
noncompliance was filed by the building inspector. On June 25, 2009, the Code Enforcement Board
issued an order constituting a lien in the amount of $22,000 with the fine
continuing to accrue at $250 per day until compliance was obtained. An affidavit of compliance was filed by the
building inspector after reinspection on February 18, 2019. It appears the Respondent removed the shed in
2012 but failed to contact the building inspector for verification. The owner is requesting a reduction of the
lien to the administrative cost totaling $403.86.
With regard to public
participation, no one in the audience spoke in support or in opposition to this
item and public input was closed.
Commissioner Zembower inquired if
Ms. Morris or her representative was present, and it was determined neither
were in attendance. Chairman Carey
commented one thing about it that raised a flag for her is the fact that if
you're out in the rural area and you've got a little bit of land that you can't
just have a shed or a storage building on it, because they consider that to be
an accessory to a structure. She opined
if someone owned land out there and is not building on it yet but they want to
keep it up and they don't want to have to haul equipment every time, they
should be able to have a shed on the property.
She believes they need to look at that in the Land Development
Code. Commissioner Zembower stated he
was surprised neither the property owner nor a representative were present when
they are requesting a reduction of almost a million dollars. He opined the administrative fees are
underestimated and needs to be discussed during the workshop.
Motion
by
Commissioner Zembower, seconded by Commissioner Dallari, to approve and
authorize the Chairman to approve a reduction to the Code Enforcement Board
lien of $903,250, for Case #09-18-CEB, to the total Administrative Costs of
$403.86, due to a proven financial hardship on the property located at 2015
Green Cedar Lane, Geneva, Tax Parcel No. 32-19-32-300-0100-0000, owned by
Rosemarie A. Morris, require this reduced amount to be paid within thirty (30)
days, or the lien will revert to the original amount of $903,250, and authorize
the Chairman to execute the Release of Lien upon payment in full. (2019-1306)
Districts 1, 2, 3, 4, and 5 voted
AYE.
COUNTY
MANAGER AND STAFF BRIEFING
Ms. Guillet stated the only item
she had scheduled was the grant with the Historical Society/Historical
Commission that was already discussed.
She added that she had mentioned the County would not have anything to
do with the application. However, the
County will provide technical assistance to the Historical Society in helping
them apply for those funds, so they will be engaged in that respect.
COUNTY
INVESTMENT ADVISOR REPORT
Scott
McIntyre, Managing Director of Hilltop Securities, addressed the Board and
presented the Investment Advisor’s Report for May 14, 2019, (received and
filed).
Mr.
McIntyre displayed and reviewed the Events Driving the Market slide and stated
the Trade War has escalated. Right now
the equity markets are worried so there's been a flight to quality, which means
that people are selling their stocks and buying bonds, and that is pushing the
bond yields down even further, which isn't helpful to everyone who would like
to potentially buy additional bonds. Mr.
McIntyre displayed and reviewed the Fed Meeting, Employment, GDP, and
Recommendations slides. He commented the
thought is that the upcoming maturities are going to fund the upcoming
expenses, which means they do not have to take money in the interim out of the
bank accounts which are yielding 2.63 and go into market yields that are lower
than 2.33. Instead of giving up 32 to 33
basis points, they are going to keep the money in the bank. The money is draining because they're
spending it anyway. They will have the
position down through the months to put some money to work at fixed rates, but
right now the flight to quality makes that prohibitive.
Motion by
Commissioner Zembower, seconded by Commissioner Constantine, to adopt the
recommendations of the Board’s Financial Advisor based on the report submitted,
and direct the Clerk to implement said Board adopted recommendations.
Districts
1, 2, 3, 4, and 5 voted AYE.
COUNTY
ATTORNEY BRIEFING
Bryant Applegate, County Attorney, stated
in regards to the Rosenwald contract negotiations, they have been working with
the School Board's attorney for several weeks now and they keep getting
changes. There are certain provisions
that his office is not happy with but agree they are not the type of provisions
that would prevent the Board from entering into the contract. A discussion ensued regarding the contract
negotiations. Chairman Carey stated
without a draft for them to review, they do not know if they would agree to the
terms or not. She commented they will
hopefully have the draft well in advance of the next meeting so they have time
to review it.
-------
Chairman Carey
recessed the meeting at 11:51 a.m.,
reconvening
at 1:30 p.m. with all
Commissioners and all other Officials, with the exception of Commissioner
Constantine, and Deputy
Clerk Chariti Colón who was replaced by Deputy Clerk Terri Porter, who were
present at the Opening Session.
PROOFS OF PUBLICATION
Motion
by Commissioner Dallari, seconded by Commissioner Zembower, to authorize the
filing of the proofs of publication for this meeting's scheduled public
hearings into the Official Record.
Districts 1, 2, 4, and 5 voted AYE.
Commissioner Constantine entered the
meeting at this time.
PUBLIC HEARINGS
Item #42 - Mid-Year Budget Amendment
Resolution FY 2018/19 – 2019-1366
Sara Carrick, Resource Management, addressed the Board to present the
request as outlined in the agenda memorandum.
She advised that countywide, the current amount budgeted as beginning
fund balance is $424 million. The actual
available amount at the closing of the books on 9/30/18 was approximately $446
million. Thus the mid-year adjustment to
various beginning fund balance revenue budgets totaled $22.2 million. In addition, there are reduced revenue
adjustments of the budget of approximately $306,000 primarily attributed to
excess fund balance in the Economic Development Fund, which reduces the
transfer subsidy needed from the General Fund.
In total across all funds, FY 2018/19 mid-year amendments increased
budgeted revenues by $21.9 million.
Expenditure adjustments totaling $3.2 million are primarily attributed
to an increase in personnel services associated with the Fire Services Union
contract. Reserves, which include
operating contingencies, are increasing by a total of $18.6 million. Currently Countywide Reserve and Operational
Contingency budgets total $227.4 million and will increase to $246 million with
approval of the FY 2018/19 mid-year adjustments.
Commissioner Zembower questioned whether staff could give them a
percentage of what their Reserves will now be.
Tim Jecks, Interim Resource Management Director, addressed the Board to
respond that Reserves in the General Fund are around 23% of General Fund
revenues and Countywide Reserves are closer to 15% over all of revenues. Commissioner Zembower then asked what has
been the target. Mr. Jecks explained
that that number depends entirely on the fund.
If it is an operating fund that has positions in it that you have to
maintain an ongoing stability, that target is closer to 16% to 20%. But he noted there is no real target for
example for a capital fund like the Sales Tax Fund. Commissioner Zembower further questioned if
they are required to have a certain percent by any of the bonding
companies. Mr. Jecks advised it was
identified in writing that they should maintain at least 20% of revenues in the
General Fund in order to maintain their bond rating. Commissioner Zembower requested a copy of
that be provided to him.
With regard to public participation, no one in the audience spoke in
support or opposition, and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute the FY 2018/19 Mid-Year Budget Amendment Resolution #2019-R-82, BAR #19-056 adjusting countywide fund balances in various funds for a total of $21,887,988.21 to the current adopted countywide budget, as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #43 –
Valley Stream Drive Boat Dock/
Michael
Caiazza – 2019-1334
Mary Robinson, Planning and Development Division, addressed the Board
to present the request as outlined in the agenda memorandum. She advised FDEP has also issued the
applicant a general use permit.
Joel Goldstein, Property Owner, addressed the Board to answer any
questions.
With regard to public participation, no one in the audience spoke in
support or opposition, and public input was closed.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to
approve the request for a 1,304-square-foot boat dock on property located on
the east side of Valley Stream Drive, approximately 1,113 feet southeast of
Pine Hill Boulevard, and more particularly known as 350 Valley Stream Drive,
Michael Caiazza, Applicant, as described in the proof
of publication; Development Order.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #44 –
Cameron Heights Village C-1 PD Major Amendment
and
Rezone/Colonial Semoran Investments LLC – 2019-0016
Matt Davidson, Planning and Development Division, addressed the Board
to present the request as outlined in the agenda memorandum. He advised the Applicant is proposing access
to the subject site (Village C-1) from Sipes Avenue through the adjacent
Village B, which is a gated access. He
also advised the requested Major Amendment is consistent with the conditions of
the current Seminole County/City of Sanford Joint Planning Agreement. Furthermore, the site will be served by
either Midway Canaan or the City of Sanford for utilities. The Planning and Zoning Commission approved
the request, and staff recommends approval as well.
Commissioner Zembower wondered if the City of Sanford’s Planning
Department was aware of what was going on.
Mr. Davidson responded they have advised them of the Development Review
Committee meetings and they have been in contact to figure out whose utility
service area this is, and the City is still in discussions about that.
Kathy Hattaway, Poulos and Bennett,
addressed the Board to state they are in agreement with the staff report and
she is here to answer any questions the Board may have. She noted this is just a continuation of the
Village B neighborhood that came before the Board last year.
Olivier Welscher, 3471 Celery Avenue
(Meriwether Farms), addressed the Board to speak in opposition. He did note that he did not receive any
notice about moving this into a residential area from agriculture. He spoke about the concerns he has because
they have had an active farm in Seminole County for 104 years.
Commissioner Lockhart stated she had questions with drainage as well
and spoke with staff because there is a Midway Drainage Basin Study that is
currently going on. They will have to
hold their predevelopment rate of discharge on the property. Mr. Welscher said
he already met with the subcontractor for D.R. Horton. They dug two large ponds for drainage for the
development beside his property. He
noted they have 26 artisan wells on their property and the water is sometimes
within a foot and a half. The developer
has pumps running constantly. So if
these were meant to be storage vessels for rainwater, he does know how that
would work because they are constantly pumping out the water that is coming in
from the aquifer.
Public Comment Form was received and filed.
With regard to public participation, no one else in the audience spoke
in support or opposition, and public input was closed.
Chairman Carey noted they have a 30-acre farm right in the heart of
what used to be celery country and now it has turned into a development. Probably in 2006/07 timeframe, Cameron
Heights came through as a large development, 280 acres around that entire
area. What they are seeing now is the
different tracts being sold; this is tract C-1 in the village. She noted they are studying that entire area
for stormwater drainage and to see if there are any improvements the County
needs to make over and above what would be done as part of the developments
that are going in around the Meriwether Farm.
She added that she is pretty sure that all artisan wells are supposed to
be capped and not still flowing as artisan wells. She then asked staff to address his concerns
so he understands what is supposed to happen with any development, because they
are not allowed to let the stormwater run onto his property. Rebecca Hammock, Development Services
Director, addressed the Board and explained infrastructure requirements and
stormwater requirements for a new development.
Commissioner Constantine mentioned he believes their notice
regulations need to be looked at because they have talked about this before,
and 350 feet as a hard and fast number does not cut it in every
circumstance. Ms. Guillet advised their
work session about the Land Development Code is currently scheduled for June 25
but that may change due to the commissioners’ schedules. Commissioner Lockhart asked if in the
meantime whether staff could be self-directed and take some initiative and go
ahead and mail to the nearest neighbors when they see a situation like this
that is more site specific. Ms. Guillet
indicated they certainly could with the understanding that the validity of any
action wouldn’t come into question if staff didn’t in their judgement notify
who they needed to notify. It is just a
further courtesy and not a requirement.
Commissioner Zembower asked the Applicant if the required signage
about the public hearing today were posted on the parcel of property. Ms. Hattaway
replied that they picked up the signage from the County and the property was
posted. Commissioner Zembower then asked
if staff verified there was signage on the property. Ms. Hammock explained they accept an
affidavit from the Applicant stating that the signs were posted.
Motion by Chairman Carey , seconded by Commissioner Zembower, to adopt
Ordinance #2019-22 enacting a Rezone from PD (Planned Development) to PD
(Planned Development), and approve the associated Development Order and Master
Development Plan, for a single-family subdivision on approximately 30 acres
located on the west side of N. Beardall Avenue and
the east side of Sipes Avenue, approximately one-half mile south of Celery
Avenue, Colonial Semoran Investments LLC, Applicant, as described in the proof
of publication, with the amendment to the agenda memorandum regarding
utilities.
Districts 1, 2, 3, 4, and 5 voted AYE.
CONSENT AGENDA – Continued from morning session
Item #16 –
Intersection Improvements at
SR 436 & Ronald Reagan Boulevard – 2019-1344
Matt Kinley, Deputy Chief of Administration for the Fire Department,
addressed the Board to answer Commissioner Zembower’s
question as to whether the property is sufficient in its size and layout for a
fire station. Chief Kinley advised they
have had some initial conversations with the architect, but it hasn’t been
vetted completely. It looks like it is
1.3 acres and normally, they are looking at 1.5 acres for a fire station.
Commissioner Zembower commented he understands Fire Station #11 on
Newberry Court in Altamonte will need some rehabilitation to the tune of about
$2 to $3 million. Chief Kinley commented
he knows they have had issues with that station for many years.
Chairman Carey said the piece between this property and the north is a
piece owned by FDOT and she would like staff, if this is approved, to pursue at
least a portion of that parcel before they start the design of the station. An aerial photograph was displayed (not
received). She also mentioned the curb
cut on Ronald Reagan Boulevard is at Leonard Street, so if they were having to
leave the station at the post office site, they would have to go down and do a
U-turn if they were headed back towards 436 based on where the curb cut is
today. She added there might be an
agreement that the City or someone has with SunRail
for additional parking, and she would like to have a copy of that agreement
circulated.
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 and
authorize the Chairman to adopt appropriate Resolution #2019-R-75; and
authorize the Chairman to execute a County Deed providing for the declaration
of surplus of County property located at 997 East Altamonte Drive to the City
of Altamonte Springs for intersection improvements at SR 436 and Ronald Reagan
Boulevard (CR 427).
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #45 – Fire
& Emergency Medical Services Agreement
Amendment with the
City of Altamonte Springs – 2019-xxxx
Motion
by Commissioner Dallari, seconded by Commissioner Lockhart, to approve and
authorize the Chairman to execute an Amendment to the Fire and Emergency
Medical Services Agreement between Seminole County and the City of Altamonte
Springs for the purpose of relocating Fire Station #11.
Districts 1, 2, 3, 4, and 5 voted AYE.
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Motion
by Commissioner Dallari, seconded by Commissioner Lockhart, to request that
staff contact FDOT to pursue the possibility of obtaining additional property
owned by them for the purpose of building a fire station.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Dallari requested an update by
the County Manager on this at the next BCC meeting.
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Commissioners Lockhart, Dallari and Carey
submitted their ex parte communications into the record (received and filed).
LEGISLATIVE UPDATE
Meloney Lung,
Assistant County Manager, addressed the Board stating that Oscar Anderson,
Southern Strategy Group, is here to give a wrap-up of the legislative
session. Mr. Anderson addressed the
Board stating he wanted to give an overview of some of the issues they were
tracking this year.
Mr. Anderson advised it was a $91.1 billion
budget. The DJJ got funded at $500,000
and the water project got funded at $425,000.
They obviously talk to staff and give them all the information they need
going into the veto process. A part of
that was some settlement money from the DJJ lawsuit for both Polk and Seminole
at about $4.1 million. Once the budget
gets approved, they will begin that process with all the DJJ folks because the
money will flow through them to the County.
So that was a great win early on in the budget process.
Affordable housing was one of the issues on
the legislative agenda and they funded more this year than they have in years
past. They did not sweep all of the
money out of the Sadowsky funds; they left about $200
million in the budget for affordable housing and $115 million of that is going
to the Panhandle for Hurricane Michael recovery. That left about $39 million for sale, which
is the production of the unit side of it, and $46 million for SHIP, which is
the money that gets allocated to all of the counties. They reinstituted the Challenge Grants for
homelessness for about $3.2 million which was great.
FDOT got a fully funded work program at
almost $11 billion. Visit Florida and Enterprise
Florida are kind of on the chopping block for a lot of the session. There was a lot of discussion about whether
they were going to renew those or continue those, but at the end of the day,
they funded Visit Florida for $50
million and Enterprise Florida at $16
million, which is enough to operate.
That was a particular plea by the Governor to the Speaker to say give me
a year to see how this operates and let me see if I can improve and make it
worthwhile, and the Legislature acquiesced to that which was great. And there was $100 million funded for springs
restoration.
In regard to issues from a policy
perspective, SB 426 is the firefighter benefit bill and that has already been
approved by the Governor and that passed overwhelmingly in the
Legislature. HB 9 dealt with CRAs and
they added some ethics training and auditing and transparency issues; nothing
too onerous on that, and it passed as well.
SB 1000 deals with the 5G implementation and the public rights-of-way
under the County’s control. Probably the
most noteworthy in the bill that passed in 2017 was that you sort of had a time
limit for parts of it but the County maintained control for aesthetics and some
placement issues. This put a “shot
clock” on all of it, on any permit that comes in for any issue. Commissioner Dallari wondered what additional
changes they made to this. Mr. Anderson
responded he would send the Commissioner a more detailed list of those. Discussion ensued.
In connection with preemptions, HB 771
passed and it had a moratorium in there on the regulation of plastic
straws. The Governor vetoed that last
week saying he did not find a great State interest in regulating local
governments’ ability to do that.
One of the big preemption bills that didn’t
pass was one that would have preempted local government’s ability to regulate
professions and occupations licensing and rules, so that one was a
well-discussed and well-heard piece of legislation, and it died a painful
death.
Vacation rentals legislation did not
pass. Overall it was a good year for
local governments with a lot of those preemptive issues that did not get
passed. There was a bill related to
attorney fees that the lobbyists were very involved in. It was odd because it said essentially that
if you knowingly issued a regulation that you knew was preempted by the State,
then you were liable for attorneys’ fees if somebody challenged. That did pass as well.
Mr. Anderson noted all of these except for the straw moratorium and
firefighters have not been acted on by the Governor. Once it is delivered, he has 14 days to sign
it and that includes the budget.
On the growth management front, HB 207 basically put in statute the
duel rational nexus tax related to impact fees.
And was it necessary, probably not.
It is very embedded in case law so there was a lot of concern about
where they are going with that and can the State then get in the business of
getting to know how you calculate impact fees and how you apply impact
fees. That passed as well primarily
because of the argument that got them there and that was it could lead to
problems, but it is not necessarily a problem.
So it was hard to stop it.
HB 1159 had two parts. It said
that the Property Appraiser had to post a private property bill of rights in
their building and it also had a tree trimming preemption in it, which was a
particular issue to Speaker Oliva in his hometown. No one talked about it much.
The big growth management bill that would have been the vehicle for
any attempts to regulate land use in the county, like on the eastern side of
the County, was HB 7103 and it had a bunch of interesting parts to it. It included some affordable housing
provisions related to inclusionary zoning or inclusionary ordinances and what
ended up passing, he thinks everybody was somewhat comfortable with, it just
said if the local government applies or requires a certain number of affordable
units, then they have to offset the cost of the developer. They can do it but there has to be some kind
of give and take in that process. There
was also a provision that they added at the end which may actually end up being
the poison pill in 7103. They are
starting to hear rumors on this in the Governor’s Office that says citizen
attempts to challenge decisions by local governments, if they lose they have to
pay the attorneys’ fees, and so a lot of the organizations like A Thousand Friends of Florida are
gearing up to fight it over that provision particularly. It was obviously a well-debated bill. It went back and forth and bounced a couple
of times at the end of the process and that is what they were most worried
about, potential negative amendments like they had at the end of last session,
but none of those materialized which they are happy about, but everybody was
ready if they had.
Upon inquiry by Commissioner Zembower, Mr.
Anderson advised they did not get any funding for bear trash cans.
Commissioner Lockhart questioned where they
end up with advertising public hearings or information in print newspapers
versus online. Mr. Anderson replied he
did not think it passed but that he would double-check. He thinks it did early and fell off their
radar. Chairman Carey explained their
biggest concern with that is for their tax certificates that are about to be
posted for sale or are out there already.
They could be posted online because that is how people pursue their news
these days. It would be nice if they
could use that as the only avenue and not have to still post them in the
newspaper.
Chairman Carey thanked Mr. Anderson for
their good work this year and asked him to keep them posted on when the budget
is signed.
DISTRICT REPORTS
District 1
Commissioner Dallari mentioned all their
offices have been receiving comments and requests regarding Deer Run Golf
Course. He checked with staff as late as
this past week and there has been no application submitted to staff.
Commissioner Dallari stated he would like
an update from staff on the Fire Station #39 site location. Ms. Guillet advised that Chief Oakes is
actively working with real estate professionals to try to identify sites based
on the run analysis. A work session is
scheduled after the next meeting to talk about fire fees and also to give the
Board an update on all of the stations, what they are looking at in the short
term and long term. Chairman Carey asked
that Ms. Guillet distribute the run report to them. Commissioner Lockhart noted in the northern
part of the County there may be some imbalance in some of the cities. Ms. Guillet responded that there is and she
can get the pertinent information on that.
Run cards, run analysis and the new CAD implementation were discussed
with Deputy Chief Kinley.
District 3
Commissioner Constantine discussed an event he attended and an
upcoming informational meeting with FDOT on I-4 improvements.
District 4
Commissioner Lockhart reported she is
continuing her tour of Seminole County and spent time with Community
Services. She also had the opportunity
to see some water quality projects that are in cooperation with SJRWMD and
FDEP. Finally, she congratulated
Chairman Carey who is being honored by True Health Ovation as their 2019
Community Champion.
Commissioner Lockhart stated she thought they had some Board
discussion about the need to meet with the School District again. She believes they had been meeting annually
and they have a lot of things that they keep talking about, school capacity and
the PTAC (Planning Technical Advisory Committee) and PSFPC (Public Schools
Facilities Planning Committee) coming together, and before you know it, the
impact fee discussion will be coming up again.
The ILA (Interlocal Agreement) is looming. She would like to at least get it on the
calendar. Ms. Guillet said she would get
the meeting scheduled. Commissioner
Lockhart opined this should just be something that gets calendared yearly.
District 2
Commissioner Zembower met with the Meals on
Wheels folks and learned something interesting that they do, so he thought they
may want to reach out to them as part of their Code Enforcement. He did not realize they deployed volunteers
to mow grass for people and do menial tasks.
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Commissioner Zembower noted he had a follow-up meeting with Senator
Scott’s assistant, Barry Cotton, on his trip to DC. He wanted to urge anyone who is going to be
writing grants to let him know and he will contact Barry Cotton, and he will
get a letter of support from the Senator’s Office on behalf of the County.
District 5
Chairman Carey reported on the annual
Golden Eagle Boy Scouts dinner and said they raised $170,000, which will stay
in Seminole County to support scouting.
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Chairman Carey stated that last night they
had the Midway community meeting. In
October they had a community meeting and it was requested that they take back
information to them regarding the potential of sewer in the community. They got all the facts and figures together
and they mailed out 585 cards. The cost
per household to convert from septic tank to sewer is about $6,600. If they decide to pursue this through an
MSBU, the annual cost to each homeowner will be about $1,480 per year for 35
years. She was very clear that no
project would be started until the water study is completed. They still need about 40 people to donate
easements. There was conversation at the
meeting as to whether the County would purchase the easements. She explained they would not; they are trying
to replace the water line for their community.
They need easements for sidewalks and if they were going to pursue
something in sewer, they would have to have all those easements collected prior
to starting that project. She explained
the issues they are facing and stated they will continue to have discussions
with Midway-Canaan and the City of Sanford.
CHAIRMAN’S REPORT
Chairman Carey advised she received a
request from the Sanford CRA to write a letter in support of grant funding they
are applying for; it is for the Sanford trolley expansion. The trolley has been running since October
and they have had over 28,000 riders on the trolley. There would be no funding from Seminole; the
CRA will pay the matching grant portion of that. If they are successful, the service will be
expanded to the Sports Complex, the Mall, the Zoo, and other places in addition
to transporting people to downtown Sanford.
No objections were voiced.
COMMUNICATIONS AND/OR
REPORTS
RECEIVED FROM CHAIRMAN’S OFFICE
The following Communications and/or Reports
were received from Chairman Carey’s Office and filed:
1. Letter and attachment dated April 10, 2019
from Ann Shortelle, Executive Director of St. Johns
River Water Management District, to Chairman Carey RE: Cumulative Wetland
Impacts, Restoration, and Preservation.
C: Adam Lovejoy, Governmental Affairs Director/SJRWMD.
2. Letter dated April 15, 2019 from David Woll, Jr., Assistant Secretary, U.S. Department of Housing
and Urban Development, to Chairman Carey RE: FY19 allocations for the Office of
Community Planning and Development’s (CPD) formula programs.
3. Letter and enclosures dated April 18, 2019
from Luis Rodriguez, FEMA, to Chairman Carey RE: Case NO: 19-04-3027C. C: Michael Ging.
4. Notice received April 30, 2019 from Daniel
Valentine, President, Brix & Mortar, Inc., RE: Neighborhood meeting
notification letter.
5. Letter and attachment dated May 1, 2019 from
Traci Houchin, City Clerk, City of Sanford, to Board of County Commissioners
RE: Notice for Ordinance No. 2019-4508.
6. Letter and attachment dated May 1, 2019 from
Traci Houchin, City Clerk, City of Sanford, to Board of County Commissioners
RE: Notice for Ordinance No. 2019-4509.
7. Letter dated May 3, 2019 from Chairman Carey
to Governor Ron DeSantis RE: Little Econlockhatchee
River Harrod property.
8. Notice received May 2, 2019 from City of Lake
Mary RE: Variance for 638 S. Country Club Road.
9. PHOTO COPIES of 8 postcards received in
Chairman Carey’s office requesting the placement of a Native Plant Ordinance on
the April agenda.
COUNTY MANAGER’S REPORT
Ms. Guillet gave an update on some
follow-up items from the Retreat. They
were working on issues related to community relations, customer service from a
technology standpoint, and employee morale.
They are putting together the business plans for the Board and are also
developing some KPIs (Key Performance Indicators). She will bring to them next month some
recommendations for some things they might do immediately versus things she
will propose to include in next year’s budget.
Christina Brandolini in Human Resources went
out to bid on the Vision Plan and is working on the Teladoc. They have an employee benefits survey they
will be sending out, and they are trying to put together a health fair. She added they had an employee appreciation
event this past Friday. Photos of
employees and the event were displayed (not received). The compensation study is underway and they
expect to get some results in June, and they also did an interim compensation
adjustment in Environmental Services. In
addition, they put up a web forum on social media that allowed residents to
thank employees for exceptional service, and they have gotten a number of
thank-you’s from the community to everyone from Parks
to Libraries to their Public Works folks.
They also gave employees an opportunity to share on Instagram why they
do what they do and why they believe public service is important. She opined that was really fun to get their
input and thanked staff for all their work and the Board for their
support.
COUNTY ATTORNEY’S REPORT
County Attorney Bryant Applegate indicated
he is requesting reaffirmation of the Board’s previous approval to submit a
request for an AGO opinion on the use of Tourist Development Tax funds for FAM
trips.
Motion
by Commissioner Dallari, seconded by Commissioner Zembower, to approve the
submittal of a request for an AGO (Attorney General’s Office) Opinion on the
use of Tourist Development Tax funds for FAM trips.
Districts 1, 2, 3, 4, and 5 voted AYE.
ITEMS FOR FUTURE AGENDA
Bill Hyde, 2379 Audley Street, addressed
the Board to say he has been attending the infrastructure sales tax workshops
for several years, and a couple of years ago in the one that he went to, they
were all jumping up and down. The 1st
Gen money hadn’t been spent; they are in the 3rd Gen and they have
to get this done. He went to another
workshop and he heard the same thing. He
also kind of heard the same thing at the Retreats. Today (at the morning work session), instead
of hearing about what has been done and what has been accomplished and where
they are, he is hearing about program management. He opined that is going backwards. The one good comment he heard was what do the
taxpayers care about. He said, “the
taxpayers care about…you have a list over here of a number of items and you
have a pot of money over here; make this pot go down, fill this up.” That is what they care about, not program
management and bureaucracy. If you want
to get this done, Mr. Hyde stated, they should give it to him. He added they could give him a hatchet and he
will get some of the things checked off their list.
Public
Comment Form was received and filed.
Chairman Carey mentioned that Mr. Hyde left
before the end of the workshop and she wanted him to know that the revalidation
of all the projects that have been done and the ones that need to be done will
be back to the Board in September.
Meanwhile the list will continue to be whittled at. Commissioner Lockhart added she recognizes
Mr. and Mrs. Hyde were not able to stay for the entire work session, and she
thinks they would have been very happy with the end result, the specific
direction that was given. She thinks the
program management design will help them do exactly what it is Mr. Hyde is
asking, to whittle away those projects.
Commissioner Zembower expressed that coming
from the private sector, there is nobody more aggravated than him. He explained that unfortunately in
government, they have checks and balances they must jump through and meet and
not necessarily on their timeline, but either statutorily from State or Federal
agencies as well as their own codes. He
said they are pushing the projects through as quickly as possible while meeting
all the guidelines they are required to.
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Troy Williamson, Cedar Ridge subdivision, addressed the Board and
noted he has been working with Commissioner Dallari over the last couple of
years on some issues he has had with Waste Pro.
He thought there may be a problem in other districts as well. In March, they only picked up half his
garbage; in April there was some refuse scattered all over the street, and May
had no pickup at all. He had contacted
the line supervisor and then was able to reach the manager last week. He advised that Channel 9 reported Waste Pro
has received $118,000 in administrative penalties over the past 15 months for
lack of service. Commissioner Zembower
mentioned his office has had two complaints and he personally reached out to
Waste Pro. They shared they were having
some challenges with workforce, scheduling and so forth. But he was assured that those citizens were
followed up with by Waste Pro and that they did reach out and make a special
pickup. Mr. Williamson complimented the
Seminole County employees in the Water and Sewer Department saying they have
been exceptional.
Public Comment Form was received and filed.
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Olivier Welscher, 3471 Celery Avenue, stated
Commissioner Zembower had asked staff earlier today if signage was posted in
regard to the Cameron Heights Rezone public hearing. He noted there is an orange sign posted on Beardall and Sipes, and the one on Sipes is white and you
cannot read it because it is folded over.
He does not think his neighborhood even knows about these zoning
meetings if they obviously don’t get any zoning notices in the mail because
they are not 350 feet adjacent to the property in question. He asked that they look at this.
Public Comment Form was received and filed under Item #44.
Commissioner Zembower advised that both the signage and the
notification by mail has been brought to staff and will be reviewed under the
Land Development Code and that that is already in the works.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 3:15 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
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