BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

JUNE 13, 2017

 

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, June 13, 2017, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

Present:

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 Kyla Spencer

 

 

 

Pastor Eric Allen, The Open Door Church, Sanford, gave the invocation. Commissioner Carey led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for NutraKey was presented.

-------

Chairman Horan recessed the meeting of the Board of County Commissioners at 9:41 a.m., and convened as the U.S. Hwy 17-92 Community Redevelopment Agency.

U.S. 17-92 CRA

Item #1 A-3679-17

Chairman Horan confirmed with Nicole Guillet, County Manager, that Item #1, the request to approve additional funding totaling $49,610 requested by Seminole County, to complete the design and construction of a left-only turn lane at the intersection of Spartan Road and U.S. 17-92, at a total cost not to exceed $424,610; and the associated Resolution implementing Budget Amendment Request (BAR) #17-062 appropriating the additional $49,610 from the 17-92 CRA Fund Reserve for Catalyst Projects, has been pulled from the Agenda. Ms. Guillet noted there was a contractual issue that needs to be straightened out but staff will bring the item to the Board in the near future.

Chairman Horan announced there will be a work session regarding the U.S 17-92 CRA immediately following the morning session.

-------

Chairman Horan adjourned the meeting of the U.S. 17-92 Community Redevelopment Agency at 9:43 a.m., and reconvened the meeting of the Board of County Commissioners.

COUNTY MANAGERS CONSENT AGENDA

Nicole Guillet, County Manager, stated Item #6 regarding the Garden Park Apartments Final Plat has been pulled from the Agenda due to a missing necessary document and will hopefully be brought back at the next meeting. Item #18A is an add-on item regarding a moratorium for 120 days during which Seminole County will not accept any request for alternative educational facility impact fee studies.

Commissioner Dallari requested Item #2 be pulled for a separate discussion.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve the following:

County Managers Office

Tourism Development Division

2. Pulled for separate discussion by Commissioner Dallari.

 

 

 

 

Community Services

Business Office

3. Approve and authorize the Chairman to execute the Second Amendment to the Homelessness Outreach Partnership Effort Agreement with Aspire Health Partners, Inc. to provide outreach, engagement, assessment, and case management services for the Seminole County homeless population. (A-3701-17)

4. Approve and authorize the Chairman to execute the Mutual Termination of Seminole County and Rescue Outreach Mission of Central Florida Subrecipient Agreement for Program Year 2017-2018 to provide for case management services. (A-3690-17)

 

Development Services

Planning & Development Division

5. Approve the Minor Plat for the Discovery Industrial Center subdivision containing one (1) lot on 8.997 acres zoned M-1 (Industrial), located on the southwest corner of Stonewall Place and Benchmark Lane; Glen Moller, Waterfall Industries, Inc., Applicant. (A-3673-17)

6. Pulled from the Agenda request to approve the Garden Park Apartments Final Plat containing three (3) commercial lots on 6.73 acres zoned PD (Planned Development), located on the west side of U.S. 17-92, south of SR 436; Marc Gauthier, Applicant. (A-3671-17)

7. Approve the Plat for the Park Place at Aloma single-family residential subdivision containing thirty-eight (38) lots on 10.40 acres zoned PD (Planned Development), located on the south side of W. SR 426, east of SR 417; Denver Marlow, Applicant. (A-3629-17)

8. Adopt appropriate Resolution #2017-R-92 vacating and abandoning a Nonexclusive Access Easement to the benefit of Seminole County, as recorded in the Public Record of Seminole County, Book 2212, Pages 0206 through 0207, more particularly known as 2330 E. SR 46; Seminole County Public Schools, Applicant. (A-3606-17)

 

Environmental Services

Utilities Engineering Division

9. Approve and authorize the Chairman to execute, in conjunction with the construction of the Wekiva Parkway, Section 7A, appropriate Resolution #2017-R-93, Utility Work by Highway Contractor Agreement (at Utility Expense), and Three Party Escrow Agreement (in connection with this Agreement subtitled at Utility Expense); and appropriate Resolution #2017-R-94, Utility Work by Highway Contractor Agreement (at FDOT Expense), and Three Party Escrow Agreement (in connection with this Agreement subtitled at FDOT Expense). (A-3702-17)

 

Public Works

Business Office

10. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-95 amending Section 34.25 of the Seminole County Administrative Code, Vehicle Use Policy. (A-3641-17)

Engineering Division

11. Adopt and authorize the Chairman to execute appropriate Resolution #2017-R-96 accepting Churchill Drive into the Seminole County Maintained Road System; an acceptance of a Warranty Deed for Churchill Drive; and an acceptance of an Exclusive Permanent Drainage Easement for the drainage areas appurtenant to Churchill Drive. (A-3711-17)

 

Resource Management

Budget and Fiscal Management Division

12. Approve and authorize the Chairman to execute the submittal of Final Program and Financial Reports to the Florida Department of Children and Families for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant that ended on April 30, 2017. (A-3676-17)

13. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-97 implementing Budget Amendment Request (BAR) #17-043 through the General Fund to reprioritize Capital Budget in the amount of $20,529 to establish the Sanlando Park Public Address System project and return $4,448 to the General Fund reserves. (A-3677-17)

14. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-98 implementing the Budget Amendment Request (BAR) #17-059 through the General Fund in the amount of $154,743 from reserves for Distributed Amplifiers Systems. (A-3672-17)

15. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-99 implementing Budget Amendment Request (BAR) #17-060 through the Public Works Grant Fund in the amount of $2,693,774 to recognize revenue received from the Florida Department of Transportation (FDOT) Local Agency Program Funds for the construction and CEI services of the CR 46A Roadway, Intersection, and Sidewalk projects #427899-1-58/68-01 and 429585-2-58/68-01. (A-3675-17)

16. Approve and authorize the Chairman to execute appropriate Resolution #2017-R-100 implementing Budget Amendment Request (BAR) #17-063 through the 2014 Infrastructure Sales Tax Fund to reduce budget in the amount of $1,511,245 to reflect repayment of the loan from the City of Casselberrys Oxford Road Redevelopment project and return funds to reserves. (A-3686-17)

Purchasing & Contracts Division

17. Award M-602886-17/TLR - Shelter Veterinary Services to Dr. S. Nanea Morris, Chuluota, at $73.00 per hour; and authorize the Purchasing & Contracts Division to execute the Agreement. (A-3642-17)

18. Waive the Competitive Requirement of Section 3.5513, of the Seminole County Administrative Code and Award M-602898-17/BJC to Motorola Solutions, Inc., Lake Mary, in the amount of $154,743 for the Design, Integration and Optimization of an in-building Signal Enhancement System to improve Public Safety 800 MHz Simulcast Radio System performance in some schools within the County; and authorize the Purchasing & Contracts Division to issue the Purchase Order. (A-3692-17)

 

County Attorneys Agenda

18A. Approve the moratorium for 120 days during which Seminole County will not accept any request for alternative educational facility impact fee studies, and authorize staff to proceed with processing the Moratorium Ordinance. (A-3748-17)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Consent Agenda Item #2 A-3684-17

Consent Agenda Item #2 is the request to approve and authorize the Chairman to execute an Agreement with the Central Florida Zoological Society, Inc. in the amount of $100,000 for capital improvements; and approve and authorize the Chairman to execute a Resolution implementing the Budget Amendment Request (BAR) #17-064 through the Tourist Development Fund in the amount of $100,000 from reserves for the Central Florida Zoo and Botanical Gardens capital improvements.

C_!1__!1_ommissioner _%_Dallari stated t_"-2_he Zoo is _"/2_talking about _"11_using the money to build_"22__"41_ a _"51_board_"61_walk, but _"61_t_"@1_here _"A1_is _"B1_no_"C1__"C1_ information _"D1__"E1_about _"F1_the _"G2_actual total _"I1_cost _"J1_of the _"K2_project_"M2_, dollars per square foot, or total _"O1_amount _"P1_of _"Q1_square _"R1_feet_"S1_. _"T1__%_He asked if the _%_Board would be paying in reimbursements or a lump sum. _%_He expressed the _%_Board doesn't know what the materials are, the layout, and whether or not the _%_Zoo will need more money in the future. _%_He opined there a_"T1_re a _"1_lot_"1_ of _"2_missing _"2_pieces _"1_and _"1__"1_feels _"1_t_"1_he _%_Board needs _"1__"1__"2__"1_more _"1_information _"1_before _"1__"1_they move_"1_ on _"1_wi_"1_th this_"1__"1_ item. _"1_ _%_Commissioner _%_Henley_"1_ _"1_agreed with _%_Commissioner _%_Dallari and stated he doesn't think it is something the _%_Board needs to do at this time.

_%_Tricia _%_Setzer, _%__%_Economic _%_Development & _%_Community _%_Relations, _%_a_#51__#51_ddressed the _%_Board and reviewed the item as outlined in the _%_Agenda _%_Memorandum. _#L1__#p1_ _%_Commissioner _%_Dallari asked how many _#}1_square _#~1_fee_#~1_t are they talking about, _#1_how many linear feet of board, what _#1_type _#1_of _#1_material are they using_#1_, have the _#1_plans _#1_been _#1_e_#1_ngineered, _#1__#1__#2__#1__#1__#2__#2_what is the total _#1_cost_#1_, and h_#1_ow much _#1_has _#1_the _#1__#_Zoo _#1_put_#1_ in _#1_in reference to what the _%_County is putting in. Ms. _%_Guillet e_#1_xplained t_#1_he _%_Zoo w_#1_ent to the _%_TDC_%_ _#1_last _#1_year _#2_requesting _#5_$600,000 _#1_in additional_#2_ _#2_funding _#1_to do some _#2_capital _#1_im_#1_provements _#1_at _#1_the _#1_park_#1_._#1_ At _#1_that _#1_time, _#1_the _#1__%_TDC recommended for this _%_Board to consider allocating $325,000 to the _%_Zoo. _%_T_#1_he _%_County's standard_#2_ _#3_contribution to the _%_Zoo through _%_TDC funds has been_#1__#1__#2_ $225_#1__$!4_,000_#_, this represented_$!4_ _$%1_an _$&2_addition_$(1_al _$)2_$100_$+1_,000. At the time it was presented it was _$31_for _$42_capital _$61_im_$71_provements_$81_. There was _$;1_no _$<1_specific_$=1__$>1__$?1__$@2_ project allocated _$B1_to _$C1_that_$D1_. _$E1__%_The resolution for consideration today does not identify any specific capital project; it just says $100,000 for capital needs. _%_Commissioner _%_Dallari_%_ responded _%_normally when the _%_Board gives someone capital improvemen_$F1_t dollars, there are details on what it is going to be used for. _%_Ms. _%_Guillet stated _"_there was a whole list of capital_%_ projects when the _%_Zoo originally requested it. _%__%_

Ms. Guillet _%_expressed that staff has_$1__$1__$1_ _$1_not _$1_received _$1_any _$1_de_$1_tails _$1_on _$1__$1_this_$1__$1_ specific project other than they were told this is what they intend to use the money for. She said she just wants everybody to understand before they move forward with any action on this that this is a grant for the Zoo to use for capital improvements.

_%_Commissioner _%_Dallari o_$1__%_pined that normally when you get a grant for capital improvements, they spell out where the dollars are going so the dollars can be accountable. Ms. Guillet stated she thinks that is why the Zoo offered up they want to use this for the boardwalk to the black bear exhibit. Commissioner Dallari noted he is very pro Zoo and he wants to help the Zoo; he just wants to know what the dollars are going towards. _%_Chairman _%_Horan _%1_n_%1_oted he thinks _%1__%1_the reason the resolution is like that is because of the evolution that this came out of the _%_TDC's original recommendation.

_%_Commissioner _%_Carey stated as she understands the material in the agenda item, _%1_the _%_Zoo's total cost to replace the boardwalk is $300,000 and they were intending to use $100,000 with _%_TDC funds. _%_Their original request of $600,000 had $300,000 using _%_TDC funds, $375,000 to remodel the animal habitats and $125,000 to improve drainage systems. _%_She stated _"_the last time that a boardwalk was built out a_%1_t the _%_Zoo, _%_it was engineered and permitted through the _%_County and she doesnt think anything is different on that. _%1_ She said she doesn't have an issue with the clarification that the money would be used to replace the boardwalk, and if the _%_Board_%_ wants to make that as part of the motion, then that would be clarified. _%1_ _%_She opined they have worked _%_very hard to get the black bear habitat partnership with the _%_Fish and _%_Wildlife _%_Commission _%_(FWC) to have a place to relocate bears without them being put down, so _%_this is an important part of that.

C_%1_harles _%_Davis, _%_President of the _%_Central _%_Florida _%_Zoological _%_Society, _%_Inc. _%_Board of _%_Directors, addressed t_%_he _%_Board and stated _&1__%_w_&1__&1_hen t_&1_he _%_Zoo went before the _%_TDC last year, the _%_Zoo put about $600,000 of their own money into _&1__&1_the Z_%_oo. _%_When _&1_they _&2_started _&1_doing _&1_the_&1_ board_&2_walks, they anticipated putting about $150,000_&1_ into t_&1_hem, but they ended up putting almost $300,000 into them. _%_They are not just doing the boardwalks leading to the bear habitat, it just so happens that the next section of the boardwalk leads to the bear habitat. _%_He explained the _%_Zoo has _%_already completed $30,000 worth of boardwalks surrounding the bear habitat,_&1_ so this is simply to go from the reptile and amphibian house to where they have finished which is included in the plans for that.

In response to Commissioner Dallaris question, Mr. _%_Davis stated they are using pressure-treated lumber for this project and noted they looked into plastic-coated but it was too expensive. _%_ _%_Commissioner _%_Dallari expressed he_%_ is just trying to _'m1_understand _'n1_where the _'o2_dollars _'q1_are _'r1_going_'s1_. _'t2__%_He pointed out there are different grades of pressure-treated lumber and the piers that _%_the _%_Zoo is putting in need to be marine grade not just pressure-treated because they won't last. _%_Mr. _%_Davis responded he cannot answer the question as to what grade the lumber_%_ is but he can ask_%_ the question and get back to the _%_Board. Commissioner _%_Carey _'1_stated _%_most of the design and engineering that has been done at the Zoo has been through C_'1_P_'1_H _'1__%_Engineers, _%_Inc. and _'1__%__%_W_'1__'1_harton-S_'1_mith, _%_Inc. _'1_

_%_C_'1_hairman _%_Horan _'1_discussed _'1__'2__'1_the _'2_evolution _'1_of _'1_how _'1_this _'2_addition_'1_al _'2_money _'1_came _'1_about_'1_. _%_He opined it is a _%_worthwhile capital improvement and _"_the _%_TDC _%_Board and the people_%_ who are the guardians of the bed tax wanted to give the_'1_ _%_Zoo the money. Commissioner _%_Dallari asked if the _%_Board will see an_%_ overall plan of what capital improvement dollars the _%_Zoo is going to be requesting from the _%_County in the upcoming years._%_ Commissioner _%_Carey noted they_%_ asked for $600,000 last year. _%_Commissioner _%_Dallari responded he understands, but wonders if that will be coming back next year._%__'1_ _%_Ms. _%_Guillet replied her expectation is that the _%_County will get another funding request from t_'1_he _%_Zoo; s_%_o if there is something specific the _%_Board wants to see in it, now is a good time to let the _%_Zoo know that. _%_Commissioner _%_Dallari stated he has received a strategic_'1__"_ plan, but for the past almost two years h_'1_e has been asking for a financial business plan. _%_He noted moving_%_ forward he would like to know what t_'1_he _%_Zoo's five-year capital improvement plan is and what they will be asking the _%_County_%_ for_'1_. _%_Commissioner _%_Constantine concurred with _%_Commissioner _%_Dallari and asked _%_Mr. _%_Davis to expand on that.

_*21__%_Mr. _%_Davis expressed that he would like to set up a time_*31__*41__*51__*61__*71_ to meet with the _%_Board members individually because they have tried to put together exactly what they have been asking for. _%_He explained that the_"_ strategic plan is what they had brought to the Board and that shows what they are doing moving forward and how they intend to get there. _%_In_*71_ regard to capital improvements, t_*71_hey have a strategic need of what t_*71_hey want to do;_*71_ the problem is, how does the money come in to get it done. _%_Mr. _%_Davis stated _%_the _%_Zoo is putting together a proposal to go to the _%_TDC for another ask that will include what the _%_Zoo has done, what they need to do and the funds they need to do that. _%_He discussed how that is a _*1__*2_different _*1_m_*1_odel than moving forward in education because that_*1_ is the back-_*1_of-the-house _*1_and the _*1_other one _*1_is _*1_the front-_*1_of-the-house_*1_. _*1__%_

 

Mr. _%_Davis stated he thought they had provided to the _%_County everything they wanted this time so he really needs to find out exactly what they are looking for because over the last three months, they have given five years of financials, P&Ls, and trends so they can see inside. _+p2__#_Commissioner _#_Dallari explained _+r1__"_normally a financial business plan shows whoever is looking at it how_+s1_ you _+t1_plan _+u1_on _+v2_paying _+x1_for_+y1_ whatever _+z2_capital _+|1_improvements are needed and_+}1__+~1__+1_ op_+1_erations and _+2_maintenance moving _+1_forw_+1_ard _+1_for the _+1_next _+1_however many year_+1_s that it needs to go to where you will be able to reach your goal. _%_He stated he hasn't seen that_%_ yet, but he does see a request for another $100,000. _%_ _%_Commissioner _%_Dallari stated the _%_Zoo is requesting_%_ $100,000 now and next year t_+1_hey will have another request. _%_He wants to know how everything _+1_fits _+1_into _+1_play _+1_over the _+2_n_+2_ext five years _+1__+1_so _+1_that t_+1__+1_he _%_Board understands _+1_what's happening. _%_Mr. _%_Davis explained_+1__#_ _+1_the ask _+1_to the _%_TDC this year is going to be a five-year plan of what the _%_Zoo wants to do and they will be asking the _%_TDC to fund that and give them five years worth of possibilities so the _%_Zoo can plan. _%_He added_%__+1__+1_ right _+1_now _+1_the _%_Zoo go_+1_es year _+1_to _+1_year and things happen during the year. _+1__#_The _+1_park _+1_is _+1_a _+1_40-_+1_plus-_+1_year-_+1_old park; _+1__+1_air _+2_conditioning _+2_goes _+1_out, everything goes out, and you have to redirect funds.

Commissioner _#_Dallari _,(1_opined _"_in the _,)1_up_,*1_coming _,+1_years_,,2_, _,71_whoever sits on the_,71_ dais is going to have some hard decisions to make about _,81_the _,92_budget_,;1_; and he wants_#__,<1__,=1_ _,>3_to _,A1_make _,B1_sure that _,C2_t_,C2_hey are _,E2_looking _,G1_a_,H1_t this not just realistically but holistically _,I1__,J1__,K2__,M1__,N1__,O1__,P1__,Q1__,R1__,S1_so the_,S1_ _%_C_,S1_o_,S1_unty can _,T1_fund _,U1_all _,V1_of _,W1_i_,W1_ts _,X1_needs _,Y5_appropriately_,^1_. _,_1__%_Mr. _%_Davis advised _"_the presentation _,_1_the _%_Zoo is giving to the _%_TDC in _%_July is a five-year plan for the facility and that plan can be given to the _%_Board so they can see what the ask is for the next five years from _%_TDC and what the _%_Zoo plans to do with the money. _%_He added they_%_ also intend to show what the _%_Zoo has done with the money over the last five years.

Commissioner _%_Henley_%_ stated the thing that bothers him is that the _%_Zoo will be back to ask for another $600,000 or more. _,1__%__,1__,1__,1_ _%_He explained _"_th_,1_e _#_Zoo _,1_is _,1_not _,1_the _,1_responsibility _,1_of _,1_this _,1__#_Count_,1_y _,1__#_Commission_,1__,1_ and it has_,1_ _,1_a _,1_lot _,1_of _,1_other responsibilities that need to be met too. _%_He discussed why_%_ he feels the Zoo is not the largest tourist attraction in _%_Seminole _%_County. _%_He pointed out that the _#__-@1_Z_#_oo _-A1_always _-B1_has _-C1_a _-D1_need _-E1_and _-F1_will always _-G1__-H1_have _-I1_a _-J1_need_-K1_, and_-L1__-M1_ he does not _-N1_want _-O1_to _-P1_see _-Q1_this _-R1__#_Board_-S1_ take _-T1_own_-U1_er_-V1_ship _-W1_of the _-X1_responsibility _-Y1_for _-Z1_the_-[1_ _%_Zoo because it will always have needs.

_%_Commissioner _%_Henley reminded that the _%_County spent over $1 million to purchase land on a proposal from the _%_Zoo _%_for a safari that would increase their revenue $1 million to $2 million a year, _-1_and _-1_the_-2_ _%_Zoo dropped _-1_that _-1_without informing the _%_Board. _%_H_-1_e stated the _%_County has s_%_ome major problems facing it in the very near future and i_#_if it wasn't for the one-cent sales tax, the _%_County would already be completely underwater and that won't always be there to bail the _%_Co_-1_unty out. _%_He noted he i_-1_s well aware of the restrictions on tourist development dollars and that standpoint, but he's also well aware_-1__%_ of what happens when something large happens in the nation and what it does to tourism.

Commissioner _%_Henley s_-1_tated he has not seen a major effort by the _%_Zoo supporters to get more philanthropy to help cover this,_-1__%_ including the _%_City of _%_Sanford or _%_Lake _%_Mary although they _-1_are representatives that voted on the contribution of this money. _%_They have as much ownership of the _%_Zoo as the _%_County _%_Commission, and i_-1_t concerns h_-1_im t_-1_hat there are growing needs out there and_%_ they could be taking on programs that cost more and don't pay for themselves. _%_Commissioner_%_ _%_Henley discussed how _"_the switch into education is not something that is going to be cheap and nobody ever communicated to him a desire for the _%_Zoo to take on that kind of responsibility, but they made that decision.

Commissioner _#_Carey stated she_/P1_ _/Q1_understand_/R2_s _%_Commissioner Henley's _/T3_comment_/W1_ that tourist development dollars can't be used to fix the _%_County's problems, but the tourist development dollars are intended to go back into the community to support things that tourists might have an interest in doing and supporting things that are good in the community. _%_She explained the cities that are on the _%_TDC _%_Board only have the ability to vote for supporting that at the _%_TDC level because it's ultimately the final decision of this _%_Board to determine how those _%_tourist development dollars get spent. _%_She noted she would_%_ be curious to see a five-year plan moving forward along with the rest of the _%_Board members. Commissioner Carey stated she understands money is set aside for some things and then something happens that requires the Zoo to refocus their dollars somewhere else, and unfortunately philanthropy dollars shift, and it depends on who the Board members are as to what kind of money they can help raise. She explained i_/W1_t is difficult to try to take a new direction. _%_It's like two steps forward and one step back_0/1_. _%_This _%_is $100,000 that was recommended by the _%_TDC last year to finish the boardwalk, and she opined it_%_ is a worthy project that she supports. _%_She reiterated she would like to see a five-year plan moving forward, and Mr. _%_Davis r_0/1_eplied he _%_will definitely show that to the Board._%_

Mr. Davis stated t_0/1_hey had 320,000 people come to the _%_Zoo last year. _%_Of those 320,000 people, 100,000 were students; s_%_o t_0/1_here were over 200,000 paying guests at the Zoo last year. _%_They just_%_ started a promotion called _%_Ch_0/1_oo-Choo to the _%_Zoo_%_ with _%_SunRail, and the first day there were 20 people who rode _%_SunRail, and then rode the charter bus over to the_%_ _%_Zoo, and then also visited downtown. _%_The _%_City of _%_Sanford donated $7,000 towards the bear habitat;_0/1_ s_%_o where the _%_City of _%_Sanford is not supporting the _%_Zoo on the same level that the _%_Board or the _%_TDC does, they are starting to get behind the _%_Zoo. _%_Mr. _%_Davis stated the _%_Zoo has also talked with the _%_City of _%_Lake _%_Mary, but did not get the same response; and t_%_hey are reaching out to other municipalities.

Mr. _%_Davis explained the _%_Zoo gets mandates just like the_%_ _%_County does. _0/1_ _%_The _%_AZA can come out and say a _0/1_cage is now too small _0/1_and the Zoo needs to change it, or something along those lines, so they have to redirect funds to do that. _%_ _%_He stated_%_ moving into education is more or less the changing of the times. _%_If the Zoo didn't start moving in that direction, they would turn out to be a roadside z_%_zzoo and would not be moving forward along with the rest of the _%_z_0/1_oos. _%_Making the changes i_0/1_s what needs to be done for the Z_%_oo to be successful in the years moving forward and that's what they are doing. _0/1__%_Mr. _%_Davis agreed_%_ that they take two steps forward and one step back but that's because it's new to the _%_Zoo and rather than make the same mistake twice, they admit they made a mistake, back up, fix it and move forward.

Commissioner _%_Constantine discussed the _%_Zoo did reach out to the State but their request got vetoed. The _%_Zoo changed their fiscal year, they have a new program with _%_SunRail and are looking at alternatives. _%_He explained the_%_ _%_Zoo has a wish list but the problem is that the _%_Board sees the wish list, not what has to be done, how much money it will cost, and how they are going to pay for it. _%_Commissioner _%_Constantine stated he knows _%_Mr. _%_Davis can provide that and he should provide it because that is what_%_ the _%_Board is looking at. The wish list, the capital improvements, will clearly have to be paid for by philanthropy and other means and not by government.

Mr. _%_Davis stated last year the _%_Zoo took on a $600,000 note to do capital improvements that the _%_Zoo could afford to do so_%_ they are putting their own money in as well. _%_He explained $600,000 wa_%_is a huge deal for the _%_Zoo because they had_%_ never done that in the past and that got them started and now they are just trying to keep moving forward and finish.

Commissioner _%_Carey stated _"_with the _%_Zoo's revenue averaging $4 million and then the grant for $925,000,_11_ the revenue _11__%_generated at the _%_Zoo isn't insignificant._11_ _%_She believes people go to the Zoo,_%_ go downtown, and _%_go to the mall and spend money in the county. _%_She said she would certainly like the Z_%_Z_11_oo to r_11_emain a good zoo.

Chairman _%_Horan stated his position on the $100,000 is that it_31_ was supported by the _%_TDC, it is bed tax money and he sees a need for it because it's connected to an educational_%_ issue and that's important as far as the bear habitat is concerned. _%_The_31_ _%_Board has always been supportive of the _%_Zoo;_31_ and without the _%_Board, the _%_Zoo wouldn't have had its long history in _%_Seminole _%_County. _%_He explained it's_%_ also the opinion of the _%_Board that they do not want to be in the zoo business, that t_31_hey do not have the size nor do they have the means to underwrite a major zoo. _%_Chairman_%_ _%_Horan agreed he would also like to see a five-year plan. _4b1__42__%_He stated the _%_Board is _41_willing, and always has been willing, to make investments into this unique asset that is in the county. _%_The _%_County sp_%_ent over $1 million to buy additional property for the _%_Zoo and t_%_he property is still in the name of the _%_County and has gone up in value since they bought it. _%_Commissioner _%_Carey noted _"_the _%_County owns the land the _%_Zoo is sitting on so if something happens to the _%_Zoo, they are going to have a defunct roadside._+:1_

Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute the First Amendment to the Tourist Development Tax Funding Agreement with the Central Florida Zoological Society, Inc. in the amount of $100,000 for capital improvements to complete the boardwalk; and approve and authorize the Chairman to execute appropriate Resolution #2017-R-101 implementing the Budget Amendment Request (BAR) #17-064 through the Tourist Development Fund in the amount of $100,000 from reserves for the Central Florida Zoo and Botanical Gardens capital improvements.

Districts 2, 3 and 5 voted AYE.

Commissioners Henley and Dallari voted NAY.

CONSTITUTIONAL OFFICERS CONSENT AGENDA

Clerk & Comptrollers Office

Motion by Commissioner Carey, seconded by Commissioner Dallari, to authorize and approve the following:

19. Approve Expenditure Approval Lists dated May 8, 15, and 22, 2017; Payroll Approval List dated May 18, 2017; and the BCC Official Minutes dated April 25 and May 9, 2017. (A-3694-17)

 

Districts 1, 2, 3, 4 and 5 voted AYE.

 

-------

The Board noted, for information only, the following Clerk & Comptrollers Received and Filed:

1. Executive Orders #2017-005, #2017-006, #2017-007, and #2017-008 extending State of Local Emergency and establishing a local Burn Ban.

2. Florida Public Service Commission Order #PSC-17-0140-CO-EI, Consummating Order regarding approval of a new optional pilot LED streetlight tariff by FP&L, Docket #160245-EI, issued April 24, 2017.

 

3. Florida Public Service Commission Order #PSC-17-0141-CO-EI, Consummating Order regarding approval to include in base rates the revenue requirement for the Hines chillers uprate project by Duke Energy Florida, LLC, Docket #170030-EI, issued April 27, 2017.

 

4. Florida Public Service Commission Order #PSC-17-0166-PCO-EI, Order suspending Duke Energy Florida, LLCs petition for approval of revised underground residential distribution tariff sheets, Docket #170069-EI, issued May 11, 2017.

 

5. Maintenance Bond #CMS0325080 for Water and Sewer Facilities in the amount of $10,498.54 for the project known as Serenity Cove.

 

6. Maintenance Bond #K09598959 for Water and Sewer Facilities in the amount of $29,295 for the project known as Reagan Pointe.

 

7. Maintenance Bond #CMS0325081 for Water and Sewer Facilities in the amount of $28,103.78 for the project known as Markham Square.

 

8. Conditional Utility Agreement for Water, Wastewater or Reclaimed Water Services with Pulte Home Company, LLC, for the project known as Brookmore Estates Phase 2.

 

9. Bill of Sale accepting Water and Sewer Systems within the project known as Serenity Cove.

 

10. Bill of Sale accepting Water and Sewer Systems within the project known as Reagan Pointe.

 

11. Bill of Sale accepting Water and Sewer Systems within the project known as Markham Square.

 

12. Developers Commitment Agreement #17-20500005 for Monroe Road PD a/k/a Waveys BBQ; Mack Cotton.

 

13. Approval Development Orders #17-30000015, 1638 Lawndale Circle, Shelia Justen; #17-30000016, 2747 Trommel Way, Otis Melvin; #17-30000018, 142 Wekiva Park Drive, Steven and Lori Demoor; #17-30000019, 891 Alberta Street, Terran and Lucinda Freeman; #17-30000022, Jericho Drive; #17-300000023, 295 Chiswell Place, Corey and Gladymer Sawyer; #17-30000025, 2671 Sand Lake Road, Michael Macherone; #17-30000026, 215 Spring Run Circle, Jeffrey and Belinda Davis; and #17-32000005, 550 S. Hunt Club Boulevard, Saul Holdings.

 

14. Development Order #17-27500013 for Alcoholic Beverage License, Rosatis Pizza, 540 Hunt Club Boulevard, Saul Holdings LP.

 

15. Development Order #17-20500013, Addendum #1 to the SR 46/Lake Forest Boulevard Townhouses a/k/a Terracina PD; Robert Hattaway, Successor Trustee FBO Agreement for Land Acquisition by Co-Tenants.

 

16. Developers Commitment Agreement #17-20500013, Addendum #5 to the SR 46/Lake Forest Boulevard Townhouses a/k/a Terracina PD; Robert Hattaway, Successor Trustee FBO Agreement for Land Acquisition by Co-Tenants.

 

17. Developers Commitment Agreement #17-20500014, Addendum #3 to the First Amended Lake Forest PD; Robert Hattaway, Successor Trustee FBO Agreement for Land Acquisition by Co-Tenants.

 

18. Denial Development Order #17-30000017, 380 Bellview Place, Phung K. T. Pham and Ty Viet Le.

 

19. The Senator Artwork Gift Agreement with the City of Altamonte Springs for the artwork known as Otter and Baby; as approved by the BCC on June 14, 2016.

 

20. Tourist Tax Funding Agreement for Power 32 Super Showcase with D9Events.

 

21. Tourist Tax Funding Agreement for High School Showcase Tournament with Suncoast Athletics Sports Group, Inc.

 

22. Tourist Tax Funding Agreement for 2017 Empire Strikes Out with Nations Baseball of Greater Orlando, Inc.

 

23. Tourist Tax Funding Agreement for 2017 Champions Cup with Florida Rush Soccer.

 

24. Tourist Tax Funding Agreement for 2017 Under Armor Spring Classic National Showcase with The Baseball Factory, Inc.

 

25. First Amendment to PS-0504-16 with CDM Smith, Inc.

 

26. Closeout to Work Order #8 to CC-0559-15 with Prime Construction Group, Inc.

 

27. Change Order #1 to CC-1002-16 with Killebrew, Inc.

 

28. Change Order #1 to CC-1005-16 with P&S Paving, Inc.

 

29. Amendment #1 to M-1263-17 with Southland Construction, Inc.

 

30. CC-1291-17 with Tyrell Enterprises, LLC.

 

31. CC-1310-17 with BSE Construction Group, LLC.

 

32. Amendment #4 to Work Order #74 to PS-4388-09 with Pegasus Engineering, LLC.

 

33. Amendment #1 to Work Order #19 to PS-7643-12 with AMEC Environmental and Infrastructure, Inc.

 

34. Amendment #1 to Work Order #24 to PS-8186-13 with CPH, Inc.

 

35. Work Order #37 to PS-8186-13 with Reiss Engineering, Inc.

 

36. First Amendment to SS-601134-11 with Municipal Code Corporation.

 

37. Sixteenth Amendment to RFP-601461-12 with Florida Cleaning Systems.

 

38. Second Amendment to IFB-601738-13 with Fausnight Stripe and Line, Inc.

 

39. Second Amendment to IFB-602510-16 with CM Engineering Services Florida PLLC.

 

40. Second Amendment to IFB-602510-16 with Caraway Concrete Construction, Inc.

 

41. Second Amendment to IFB-602367-15 with Ten-8 Fire Equipment, Inc.

 

42. First Amendment to RFP-602684-16 with Audio Visual Innovations, Inc.

 

43. Bids as follows:

 

RFP-602827-17 from Geographic Technologies Group;

 

CC-1295-17 from Bio Mass Tech, Inc.; Tampa Contracting Services, Inc.; CO Services, LLC; C&M Dredging, Inc.; Custom Built Marine Construction, Inc.; Pac Comm, Inc.;

 

CC-1313-17 from SanPik, Inc.; Schuller Contractors, Inc.

 

IFB-602819-17 from Consolidated Electrical Distributors, Inc.; General Supply & Services, Inc. d/b/a Gexpro; Graybar; Lamp Sales Unlimited, Inc.; Regency Lighting; and

 

RFQ-602832-17 from Kaizen Consulting, Inc. d/b/a Datanautix Inc.; ETC Institute.

 

Sheriffs Office

Motion by Commissioner Dallari, seconded by Commissioner Carey, to approve the following:

20. Approve the expenditure of $2,000 from the Law Enforcement Trust Fund for a contribution to the J. Douglas Williams YMCA Family Center to provide funding in support of their Scholarship Campaign. (A-3681-17)

 

Commissioner _%_Henley asked if they could find out what the balance is in the Sheriffs trust fund. _%_Ms. _%_Guillet answered staff has a running tally so if he needs to know that information in order to act on this item, staff can get it to h_42_im if t_42_he _%_Board wants to postpone this item until the afternoon session._%_ _%_Commissioner _%_Henley stated he doesn't need that information prior to the vote. He just wants to know what the balance is. _%_Commissioner _%_Ca_%_rey explained they _"_used to put that in as part of the request and after some of the Allied Veterans funds, they stopped doing that, but maybe they're able to start putting that in again. Ms. _%_Guillet responded staff has a list of what the money has been spent on over the last couple of years that they can share with the _%_Board. _%_Chai_42_rman _%_Horan asked _%_i_42_f the Comprehensive Annual Financial Report (_%_CAFR) as of _%_September of last year has_42_ a line item for that, and _%_Ms. _%_Guillet answered it does. _%_Commissioner _%_Henley pointed_%_ out it may change from time to time because crimes are still going on. _%_Chairman _%_Horan noted it _%_would only be current as to the end of the last fiscal year. _%_Ms. _%_Guillet stated staff has _%_a list based on everything the _%_Board has approved thus far this fiscal year. _%_Chairman _%_Horan asked if the _%_Board could get that_%_ either before the next meeting or at the next meeting._42_ _%_Commissioner _%_Henley added particularly before they get involved in the budget, and _%_Ms. _%_Guillet answered staff will get it to the _%_Board_%_ today.

Districts 1, 2, 3, 4 and 5 voted AYE.

-------

Chairman Horan recessed the meeting at 10:15 a.m., with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Spencer 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 Carey, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

Districts 1, 2, 3, 4 and 5 voted AYE.

PUBLIC HEARINGS

ORDINANCE AMENDING CHAPTER 110

FIRE AND RESCUE IMPACT FEES

 

Agenda Item #21 PH-2016-605

Proof of publication calling for a public hearing to consider adoption of an Ordinance amending Chapter 110, Fire and Rescue Impact Fees, Seminole County Land Development Code, amending the appropriate name change from Public Safety Director to Director of the Fire Department, received and filed.

Nicole Guillet, County Manager, advised staff has requested a continuance of this item to the next BCC meeting.

With regard to public participation, no one in the audience spoke in support or in opposition to a continuance of Item #21, and public input was closed.

Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to June 27th at 1:30 p.m., or as soon thereafter as possible, the request to adopt an Ordinance amending Chapter 110, Fire and Rescue Impact Fees, Seminole County Land Development Code, amending the appropriate name change from Public Safety Director to Director of the Fire Department, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

ORDINANCE AMENDING CHAPTER 53 (CODE ENFORCEMENT)

AND CHAPTER 95 (HEALTH AND SANITATION)

 

Agenda Item #22 A-3602-17

Proof of publication calling for a public hearing to consider adoption of an Ordinance amending various sections of Chapter 53, Code Enforcement, and Chapter 95, Health and Sanitation, of the Seminole County Code of Ordinances, received and filed.

Mary Robinson, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum. She detailed the proposed revised and new sections of Chapters 53 and 95 of the Seminole County Code of Ordinances.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #22, and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Ordinance #2017-21 amending various sections of Chapter 53, Code Enforcement, and Chapter 95, Health and Sanitation, of the Seminole County Code of Ordinances, as described in the proof of publication.

Districts 1, 2, 3, 4 and 5 voted AYE.

ESTATES AT WELLINGTON PD REZONE/

Jim Mehta (Continued from 4/25/17)

 

Agenda Item #23 PH-2016-539

Proof of publication calling for a public hearing to consider a request for a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 24-lot, single-family residential subdivision on approximately 36.79 acres, located on the south side of Mikler Road, approximately one mile south of Red Bug Lake Road, Jim Mehta, received and filed.

Matt Davidson, Planning & Development Division, addressed the Board to present the item as outlined in the Agenda Memorandum. He advised the Applicant has incorporated the additional conditions related to the buffers that were recommended by the Planning & Zoning Commission into the proposed Master Development Plan and staff has revised the Development Order accordingly. Also, the Applicant is proposing to improve a portion of Mikler Road and related drainage, from Morning Star Place to the subject property, utilizing a hybrid design of the Urban and Rural typical sections as shown in the Seminole County Engineering Manual. Mr. Davidson advised that staff recommends approval.

Commissioners Dallari, Carey, and Constantine disclosed they had ex parte communications (received and filed); Chairman Horan stated he also had some ex parte, and Commissioner Henley stated that he had none.

Randy Morris, RM Strategies on behalf of the Applicant, addressed the Board to verify that the record from the prior public hearing on this item has fully carried forward to this public hearing and the Board is still considering that record also.

Mr. Morris stated they originally proposed a one-acre, single-family development which was endorsed by staff. After meetings with the community members, it was determined they would cluster zone this and build a buffer, with the buffer to the north side to be 100 feet and to the western side, 100 feet also. The net density stays the same as the original density. Also at the last meeting, they had moved the ingress and egress to a direct line with Mikler Road, not to the east of the curve, which was also at the request of the community. Staff has agreed with the changes, and they plan to proceed with that improvement. He noted the impasse at the last hearing was that many members of the community had an issue with the roadway itself. The issue was (1) what got built, (2) who would pay for it, and (3) who would build it.

Charlie Madden, Madden Moorhead and Stokes, addressed the Board to discuss the proposed Mikler Road typical section. The depiction included in the Agenda Memorandum was displayed. He advised he had a meeting last week with several of the neighbors on the Mikler Road issue, and the result of that was an email that he sent back to them as to what they agreed to in principle, which is also included in the backup.

Mr. Madden advised it is very clear that from Morning Star to about 500 to 600 feet south that the road has been brought up to better condition, to county standards. Then beyond that, it looks like the road pavement has not been touched in a very long time. He noted they had agreed to do some core borings to find out what was under the asphalt, and that information has been given to the neighbors. He pointed out that they were going to bring the road up to a cross section that met county standards as far as the base and sub-base, regardless of what the core borings showed. He then discussed the specifics of the four roadway cores performed by ECS Florida, Inc., and submitted the letter from ECS Florida into the record (received and filed).

Mr. Madden said they also discussed water services at the community meetings. He reminded they are putting a water main down Mikler Road with curbs and sidewalks. Some of the neighbors asked whether they could get water service because they are all on wells. Mr. Madden said he explained if the neighbors could get together on this to decide who is interested, it could then be incorporated into the final engineering effort. He said they would be glad to work with the neighborhood; however, it is a little complicated which is why they would need commitments. For example, the east side of the road is right on the right-of-way line and all the improvements they are doing are on the west side of the road. The right-of-way line is literally on the pavement and the pavement even extends over the right-of-way line by a foot in some places. So to put in water service to someone on the east side, the contractor would obviously be on someones private property in order to do that. So, there are things to be worked out and they will continue to work with the neighborhood.

Commissioner Carey asked whether the size of the water main they plan to put in for the development would be the correct size if they had a bunch of people tapping into it. Mr. Madden replied that the number of homes involved would be inconsequential to that. He added that fire hydrants had also been brought up and they will meet county code on fire hydrants or use air release valves. They will analyze that in final engineering.

Mr. Madden said he wanted to mention that one residence has a private gate and there is a keypad, which is in the public right-of-way. They are hoping to be able to just leave that where it is. Mr. Madden noted that Mark Stinson, the property owner, had gotten a permit to put the gate and keypad in. Commissioner Dallari remarked if he had a permit, he is sure there is a good reason to keep it there. Mr. Morris noted that it is the Countys right-of-way and the determination of whether something stays or doesnt stay in the right-of-way would have to be made by the County.

Mr. Morris stated the record is amended as Mr. Madden just presented. The Development Order remains the same as was discussed in the last public hearing with the exception of Item 3(T) which has been modified. This had shown a variance granted by the County Engineer which has been removed and the record corrected based upon the solution found on the right-of-way typical section that will be voted upon today. In addition, it has been noted that the developer will construct and pay for the improvements to the roadway; however, the resurfacing of the current roadway is the responsibility of the County as it is in their five-year plan. He noted this will probably be accelerated as discussed with staff and the District Commissioner if he is inclined to move that forward.

Commissioner Dallari stated the repaving of the road is in the five-year plan and he has no issue moving it forward and coordinating that with the Applicant, but he asked how they would go about doing that. Jean Jreij, Public Works Director, addressed the Board to advise there are two options. One of the options is to determine the cost of the overlay and contract with the developer for his subcontractors to do it, or the County could have their own contractors do it. Commissioner Dallari expressed he would like staff to work that out to see which option is most amenable to both parties. He said it is his intention to ask the Board to move up the asphalt paving to coincide with the construction of this road and noted the County is responsible for the overlay paving only. Commissioner Carey mentioned liability and warranties, and Ms. Guillet stated staff will work it out in a way that makes the most sense.

Mark Stinson, 2436 Mikler Road, addressed the Board to advise he is the homeowner with the gate. He explained the gate, wall and keypad were permitted along with the addition on his house.

Dr. Mark Trolice, 1962 Mikler Road, addressed the Board to request that a three-way stop sign be placed at Morning Star and Mikler. He stated the speed limit is 25 mph, but many of the vehicles going by do go very fast. He added he lives across the street from two developments with a lot of children playing and riding bikes, and there are no gates at these developments. He goes jogging in the morning and has seen some very close calls with pedestrians, let alone a small child on a bike. He explained the location is about a half-mile down from Red Bug Lake Road.

Greg Love, 2460 Mikler Road, addressed the Board in support of the item today. He stated that their concerns have been heard. He has met with several commissioners and the Applicant, and after a long and arduous process, they have come to agreements on every concern the citizens had. He thanked the Board, county staff, and the Applicants team.

With regard to public participation, no one else in the audience spoke in support or in opposition to Item #23, and public input was closed.

Speaker Request Forms and Written Comment Forms were received and filed.

In regard to the stop sign request by Dr. Trolice, Mr. Morris stated if the Board permits, they can work with staff and engineering to get this appropriately done. However, he mentioned that the location for this stop sign is not in their purview so the County would need to look into that.

Commissioner Dallari stated he would like staff to work with the Applicant for any and all warrants when it comes to stop signs and the design of the road, as well as the asphalt overlay since it is in the five-year program.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Ordinance #2017-22 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 24-lot, single-family residential subdivision on approximately 36.79 acres, located on the south side of Mikler Road, approximately one mile south of Red Bug Lake Road, and approve the Development Order and Master Development Plan, as described in the proof of publication; Jim Mehta, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

JOHNSON WAREHOUSE PD MAJOR

AMENDMENT & REZONE/Chris Johnson

 

Agenda Item #24 A-3615-17

Proof of publication calling for a public hearing to consider a request for a Rezone from PD (Planned Development) to PD (Planned Development) for 3.48 acres, located on the southwest corner of the intersection at Sixth Street and Kennedy Point, approximately 800 feet south of N. CR 426, Chris Johnson, received and filed.

Matt Davidson, Planning & Development Division, presented the item as outlined in the Agenda Memorandum. He stated the Applicant is proposing to reduce the originally approved building setbacks and landscape buffers to utilize the subject property for four individual warehouse buildings with outside storage for his fence company, Superior Fence and Rail. He noted the previously approved Development Order has expired.

In addition, Mr. Davidson advised the Planning & Zoning Commission unanimously approved the request, with the stipulation that Condition G in the Development Order be changed to allow for a vinyl fence instead of a masonry wall along the western property line. He advised that staff does not support this change because the masonry wall requirement conditioned in the 2008 Development Order was to help buffer existing low density residential areas.

Kim Fischer, engineer on behalf of the Applicant, addressed the Board to talk about the fence versus utilizing the masonry wall along the western buffer. The owner is going to be relocating his fence company to this property. Along the western buffer is a platted right-of-way and an open road; and in order to put in a wall, they would have to clear the natural buffer, all of the trees, in order to get the footers in there. So, the Applicant would like to instead use white vinyl fencing that he manufactures and installs in lieu of the wall.

Commissioner Carey noted the last time when this was heard, the same discussion came up regarding the tree line along there, and she thought there was some discussion about using a precast wall. The wall didnt need to have a continuous footer but could just have footers where the columns were and still save the trees. Mr. Davidson added that is included in the 2008 BCC meeting minutes.

Chairman Horan stated he went out to see the property and there have been some changes in the area since that time. This particular use will not be as extensive or intensive and dense as the use that was proposed in the original Development Order. With the masonry wall, not only would some foliage need to be taken out, it really does not fit into what they need to do. You could very easily put a vinyl fence there so he doesnt think there is any problem with doing that, so he has no problem removing that condition from the Development Order.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #24, and public input was closed.

Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve Ordinance #2017-23 enacting a Rezone from PD (Planned Development) to PD (Planned Development), and the associated Development Order and Master Development Plan, for 3.48 acres, located on the southwest corner of the intersection at Sixth Street and Kennedy Point, approximately 800 feet south of N. CR 426, as presented today, with the Development Order amended to remove the condition of a six-foot masonry wall, as described in the proof of publication; Chris Johnson, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

ALL FLORIDA RECOVERY SMALL SCALE FLU

MAP AMENDMENT & REZONE/Steve Combs

 

Agenda Item #25 A-3614-17

Proof of publication calling for a public hearing to consider a request for a Small Scale Future Land Use Map Amendment from Commercial to Industrial, and a Rezone from C-2 (Retail Commercial) to C-3 (General Commercial and Wholesale) for 0.77 acres, located on the west side of Overland Road, approximately 700 feet south of South U.S. Hwy 441, Steve Combs, received and filed.

Matt Davidson, Planning & Development Division, presented the item as outlined in the Agenda Memorandum. The Applicant is requesting a rezone to develop the property as an auto repossession storage facility. Planning & Zoning recommended approval as well as County staff.

Steve Combs, Applicant, addressed the Board to thank them and staff. He remarked that this is the second time he has done a rezone, and the first one was in Orange County where he was for 10 years; that one was a very difficult process and difficult to get anyone to help. He noted that all questions and emails he had were answered quickly and thoroughly by staff, and it was a pleasure to work with Seminole County.

Commissioner Constantine noted he had ex parte communication with Mr. Combs.

With regard to public participation, no one in the audience spoke in support or in opposition to Item #25, and public input was closed.

Motion by Commissioner Constantine, seconded by Commissioner Henley, to adopt Ordinance #2017-24 enacting a Small Scale Future Land Use Map Amendment from Commercial to Industrial, and to adopt the associated Ordinance #2017-25 enacting a Rezone from C-2 (Retail Commercial) to C-3 (General Commercial and Wholesale) for 0.77 acres, located on the west side of Overland Road, approximately 700 feet south of South U.S. Hwy 441, as described in the proof of publication; Steve Combs, Applicant.

Districts 1, 2, 3, 4 and 5 voted AYE.

DISTRICT REPORTS

District 4

Commissioner Henley stated that a Board of Adjustment meeting was held on May 22 regarding some variances. Some involved were permitted 11 years ago and one issue was about a difference in the interpretation of a variance between the Applicant and a member of county staff. The special magistrate deferred a decision pending the opportunity to bring it before the BCC. Commissioner Henley said since it may involve removal of improvements that have been made over the last 10 years, he is recommending that this Board allow them to bring the hearing before them to make a decision. Also, he believes the fee should be waived. Commissioner Henley noted that he spoke to the County Attorney who said it would be appropriate to waive the fee in this case.

Motion by Commissioner Henley, seconded by Commissioner Dallari, to hold a public hearing regarding the requested variance discussed today, and approve the waiver of the fee to bring the issue before the Board of County Commissioners.

Districts 1, 2, 3, 4 and 5 voted AYE.

Ms. Guillet stated it will have to be noticed and then they will get that on the agenda.

District 5

Commissioner Carey noted that Mandy Nice, a consultant who had helped get the wellness program off the ground and who went on to a career with the Sheriffs Department, was recently published in the Police Chiefs international magazine. She said she distributed a copy to the commission offices so they could see some of the great work and leadership that she is doing at the Seminole County Sheriffs Office. Commissioner Carey added she would encourage the newest employee for the wellness program to continue to reach out to work together with the Sheriff so that facilities they may develop in the future may be available to county employees also.

-------

Commissioner Carey announced that HB 299 was approved by Governor Scott which adds another seat to the Central Florida Expressway Authority. So, Brevard County will be added July 1st and they have appointed Commissioner Jim Barfield as their representative.

-------

Commissioner Carey reported at the Sanford International Airport, domestic travel is up 12% over this time last year and while international travel is down a bit, overall the airport traffic is up by 8%. So the airport continues to grow and be an economic engine for Seminole County.

-------

Commissioner Carey stated she had a discussion with Mayor Triplett and some of the residents along Mellonville regarding the trail. They had another community meeting this past week and she has had residents in to see her since then. She noted there is a 5-foot sidewalk along Mellonville right now, and the trail is being proposed at 12 feet. Mayor Triplett has some concerns, along with herself, about putting a 12-foot sidewalk there. She said she does not know if they want to do 12 feet because it would take it all the way to the curb; she is not sure how that would look. After discussing this with Mayor Triplett, they would like to ask that in the section from the Riverwalk along Mellonville until getting past the residences going towards Memorial Stadium, whether they would consider maybe 8 feet or something less than 12. Then in front of the commercial area, it would go back to 12 feet. She reiterated she would like staff to take a look at that.

Ms. Guillet stated they will be happy to take a look. They also received a request today from the City of Sanford that they do a briefing for their board at their next meeting which is June 26th. They had originally scheduled to bring to this Board a request to make a decision on an alternative at the BCC meeting on the 27th. The City has asked that they postpone that until they have a chance to understand the proposal and feel comfortable with it.

Commissioner Carey noted there is an existing five-foot sidewalk condition there now, and there are many areas of the county where the trail is only eight feet wide. She added if there is really no compelling reason for it to be 12 feet, could it not be 8 in front of the residential area and get to 12 in front of the commercial part. Commissioner Dallari added there is one section of the trail that is actually five feet.

Commissioner Carey opined that in looking at all of the alternatives, Mellonville is the most direct and probably the best choice for the alignment. As the District Commissioner, she is asking them to look at 8 feet instead of 12 until it gets down to Memorial Stadium. Ms. Guillet noted they have been coordinating with the City to get them some information.

-------

Commissioner Carey mentioned she received a copy of a letter from United Arts of Central Florida addressed to some of the recipients of the grant dollars that the County gives through United Arts. They have new criteria where you have to maintain an average budget of $900,000 over three years in order to qualify. She opined she is not sure any of the three agencies that the County funds could qualify for that. As such, as they get into the budget, she is saying that maybe they need to step back and take a look at how they implement getting those arts dollars in the hands of the organizations that the Board would like to support. She is not suggesting anything additional; they are still at their 30% per capita, but she has a real issue paying an administrative fee to an organization that has now made qualifications that the local people cannot qualify for. She would like staff to take a look at that.

Chairman Horan commented he had some discussions with people at the Arts Council and at Wayne Densch, in addition to the director of United Arts, Flora Maria Garcia. He said he knows they are trying to work that out right now in terms of what they supplement to those organizations instead of the money they would normally get through the coordinated campaign.

Commissioner Constantine added he talked to Ms. Garcia and some others at the Arts Council and he suggested they talk first to see if they can work something out. He noted that Donna Bundy with the Seminole Cultural Arts Council will be meeting with United Arts and they have already reached out to Wayne Densch. He knows that many Seminole County residents that are on the council are also concerned about this. So after the meeting on the 22nd, Commissioner Constantine stated that hopefully there will be some good news.

Commissioner Dallari noted he did have a meeting with Ms. Bundy, and it was clearly shown to him that there have been some slight increases in that budget to United Arts, but the increases have not been passed along to the organizations in this county which really concerns him. Chairman Horan noted United Arts started taking an administrative fee out a few years ago and they need to look at the entire structure now. Commissioner Carey stated that historically, they have allocated what the contribution was going to be to the three agencies that include Wayne Densch, Seminole Cultural Arts, and the ballet program; and the excess funds have gone into the pool for grants for all of them including these three agencies that could have applied for them. She added she just wanted everyone to be aware, including the County Manager who is preparing a budget right now, because she did not want her to be blindsided.

Commissioner Dallari expressed he finds it very unacceptable that any increase would have been kept by United Arts and none of it would have been passed through to the other agencies. He feels it should have been shared equally and not just with United Arts. And on top of that, they have now issued this letter. Commissioner Dallari stated he would like staff to look at how that increase has worked out over the last couple of years.

Commissioner Carey pointed out that in the Community Services grant a number of years ago, they made a strict guideline and said anyone could apply but here are the rules and regulations. They then had to give the County their financials. She added it isnt like they are giving out a lot of money to 20 different agencies and it is a huge issue for them to do it themselves, to monitor and audit it. She opined that any agency they are giving tax dollars to should be presenting audited financials and those types of things. It is great in many ways having someone else do it, but she does not think it is a big enough burden that they should think that somebody has to do it for them because they are talking about just three agencies.

Commissioner Dallari stated for the record that United Arts has an annual giving program and there is a deadline for it. When each organization has 100% participation of their board, they actually get additional funding. What struck him as odd is that after the deadline was passed and all the boards participated, then United Arts issued this letter. He does not believe that a lot of the board members would have participated if this letter had gone out before the deadline. He knows he would not have.

District 1

Commissioner Dallari announced that he has a conflict with the next BCC meeting on June 27th so he will not be in attendance.

District 3

Commissioner Constantine stated he had mentioned at the last meeting about the pending addition of Marion County to the East Central Florida Regional Planning Council. Those negotiations and the Governors approval have taken place.

-------

Commissioner Constantine stated that on June 2nd, the Historical Commission unveiled a new historical site marker dedicated to the Winwood community in East Altamonte Springs. After that, he attended the opening of the project, The Pointe at Merritt Street in Winwood, which is affordable housing that does not look like affordable housing. It is 100% occupied and they have a long waiting list. Almost 80% of the people living there come from a two- to three-mile radius, so it is really serving the community.

-------

Commissioner Constantine reported he gave a presentation for the Regional Planning Council on emergency preparedness at the National Association of Regional Councils (NARC) last week. He congratulated Commissioner Dallari for being named president of NARC. Commissioner Dallari said Commissioner Constantine made a wonderful presentation and it was interesting that FEMA was there from D.C., and they made several comments about how well the exercise went.

-------

Commissioner Constantine noted he gave the Keynote Address yesterday in Sarasota for the Recyclers Association of Florida and it was a real privilege to be a part of that because it was one of the bills that he passed in the Legislature. In the last seven years, recycling has gone from 28% to almost 60% statewide.

-------

Commissioner Constantine announced that 1,360 bear-resistant garbage containers were delivered to Seminole County today. Commissioner Carey noted they are in negotiations with the haulers about them absorbing the $60 per year, per household for garbage collection for those using these containers. She wondered if they should notify subdivisions and HOAs who are planning to get these containers so they or the residents might avoid paying the $60 per household if they wait until after July 1st. Ms. Guillet said she is not sure they will have an answer by July 1st as to whether or not that cost will be absorbed. She said they have not made a decision with respect to new contracts for haulers. They are in negotiations with the existing haulers, and it is their expectation they would bring something to the Board for their consideration at the July 25th meeting. So if the Board makes a decision then, that is when they will know one way or the other. If they want to wait and make decisions with respect to participation in that program, they can suspend the program until after that decision is made. Commissioner Carey stated she would just like people to be advised.

-------

Commissioner Constantine stated he talked to the County Manager and Ed Burford, Veterans Service Officer, about considering having something that Charlotte County actually put together which has become extremely successful and that is having a Veteran of the Month. They would select and recognize one veteran per month that lives here in Seminole County through criteria that Mr. Burford and his staff set up. The Board concurred with Commissioner Constantines suggestion.

 

CHAIRMANS REPORT

Chairman Horan stated he has been getting some documents in with the Constitutional Officers budgets and there have been some pretty large increases. He said it has not been a custom, practice and tradition for them in reviewing the Constitutionals budgets to get into a lot of detail, but he thinks at this particular time they really need to dig into some of the numbers in light of the fact that 30% of the General Fund budget is the County and the rest of it is Constitutional Officers. He knows there has been some exchange with the Clerks Office about the IT fees and things like that, but detail is needed especially with regard to the Sheriffs Office. So in terms of the way they have gone about the budget in the past, he would like to have some direction to the staff that there be more detail provided, line items, etc. with regards to a lot of this stuff. It is not so much to make sure that the Constitutionals are spending the money correctly, but to make sure they dont have duplication or waste and to identify all those things that can be cost effective as they go into the uncertainty of the constitutional amendment coming up next year. No objections were voiced. He added it might cause of bit of consternation with the Constitutionals. Commissioner Carey stated if they are going to ask for that, they should ask for it across the board from everyone. There was consensus of the Board.

-------

Chairman Horan thanked staff for a wonderful Memorial Day ceremony at the Heroes Memorial, and he said Mr. Burford, Veterans Service Officer, did a fantastic job.

-------

Chairman Horan reported the Orlando Business Journal hosted a panel discussion on doing business in Seminole County in which he participated. It was highlighted by numerous examples of how the public, the private, and the independent sectors in Seminole County partner so well and how their business community dedicates itself to so many issues that have nothing to do with commerce and business and generates actions on community issues themselves.

-------

Chairman Horan said he believes all the Commissioners received a copy of the letter from Deborah Schafer about commercial activities out in the rural area. He asked whether staff could take a look, and Ms. Guillet advised they have already been working on it.

-------

Chairman Horan stated he understands the marketing RFP has closed and he wondered when they would be getting a presentation on that. Meloney Lung, Assistant County Manager, advised staff is going to see presentations from the top three respondents next Thursday, so she believes it will be on the July BCC agenda.

-------

Chairman Horan noted the Board received a summary of the marijuana bill; basically, the bottom line for the County is you can ban it entirely, but if you dont ban it entirely, you dont get to regulate it at all. So he has asked staff to see if they can get some kind of intelligence from their seven cities as to what they are going to be doing because that will animate this Boards decision as to what they may want to do. Chairman Horan added his inclination is to go ahead and just ban it, but they should find out what the cities are going to do. Commissioner Carey asked if an ordinance was in place ahead of time, would it stand, or will they have to follow the state law. Bryant Applegate, County Attorney, advised they would have to comply with the statute and they would have to go back and amend the ordinances. Commissioner Constantine confirmed for Chairman Horan that nothing was grandfathered in. Mr. Applegate expounded that most of those ordinances had extensive distance requirements, and as the Board is aware, the new legislation has minimal distance requirements.

District 2

Chairman Horan reported they have a developer developing a self-storage facility in the District 2 area right off of Red Bug Road that is caught in a Catch-22 situation with the Winter Springs fire impact fee. Ms. Guillet stated she spoke with the City Manager in Winter Springs and they are undertaking an effort to align their fire impact fee ordinance with the Countys, and that will ultimately require a revision to the interlocal agreement with Winter Springs. They are working to resolve that conflict between the two ordinances. Chairman Horan said it is an almost $100,000 issue for the developer in this situation.

Chairman Horan noted they are also working with the City of Winter Springs to resolve, in a holistic way, the fact that they are holding a bunch of money right now in their impact fee fund. Ms. Guillet said they are endeavoring to spend it right now and resolve it that way. She added the issue with the rates in the Winter Springs impact fee ordinance is that they are at the discretion of the City; they can set their rates however they see fit. Her understanding is their intent is to align it with the Countys ordinance and they are working with them with respect to the custody and utilization of those impact fees.

COMMUNICATIONS AND/OR REPORTS

The following Communications and/or Reports were received and filed:

1.    Letter dated May 12, 2017, from Crystal Sircy, Chief Operating Officer, Orlando Economic Partnership, to Chairman Horan re: Nomination of Wendy Brandon to serve on the CareerSource Central Florida Board of Directors.

 

2.    Letter dated May 16, 2017, from Pamela Nabors, President/CEO of CareerSource Central Florida, to Chairman Horan re: Request reappointment of Wendy Brandon to serve on the CareerSource Central Florida Board of Directors.

 

3.    Copy of a letters dated January 18 and May 16, 2017, from John Cowling to the Florida Department of Agricultural & Consumer Services re: Burn Ban.

 

4.    Notice of Public Hearing to Consider a Rezone from the City of Sanford, to be held on June 1, 2017, at 10 a.m. in the City Commission Chambers, City Hall re: Request to amend the Lake Mary Townhomes PD at 1160 W. Lake Mary Blvd.

 

5.    Letter dated May 23, 2017, from Chairman Horan, to Pamela Nabors re: Reappointment of Wendy Brandon to serve on the CareerSource Central Florida Board of Directors.

 

6.    Copy of a letter dated May 26, 2017, from Linda McWhorter, Bureau of Preparedness, State of Florida Division of Emergency Management, to Alan Harris re: Review of the Seminole County Comprehensive Emergency Management Plan.

 

7.    Notice of Public Hearing from the City of Lake Mary to be held on June 13, 2017, at 6:00 p.m. re: Final Plat for Griffin Park.

 

8.    Copy of a letter dated June 5, 2107, from Ray Eubanks, Plan Review & Processing, Florida Department of Economic Opportunity, to Rebecca Hammock re: Submission of Seminole Countys Comprehensive Plan Amendment No. 16-4ER for review.

 

9.    Letter dated June 7, 2017, from James Stansbury, Chief, Bureau of Community Planning & Growth, to Chairman Horan re: Review of Comprehensive Plan Amendment 17-1ESR.

 

 

 

ITEMS FOR FUTURE AGENDA

Pete Ramondetta, 1493 Oberlin Terrace, addressed the Board and stated he is the current president of the board of directors of the Hampton Park Homeowners Association. He noted their subdivision is located at the corner of Ronald Reagan Boulevard and Country Club Road. There is a lift station that was recently renovated over there. With all the rain last weekend, there was a problem with the lift station again with overflow backing up into his neighborhood. He wondered if the County is aware of the problem.

Mr. Ramondetta added that in a related note, the retention pond on that corner is quite overgrown and he doesnt know if the County has any plans on thinning that out.

Ralph Terrero, Interim Director of Environmental Services, addressed the Board to advise the lift station overflow was due to the real heavy rains, and the City of Longwood is connected to their force main. The capacity of the 12 force main is very limited and even though they had all three pumps going and a stand-by pump, they could not keep up when Longwood started overwhelming them, they just kept pumping more and more. They are trying to find out how much and where they are pumping because they can bypass it, but that would leave Longwood hanging out there, so they want to make sure they are good neighbors because they are using the same force main.

Mr. Ramondetta stated obviously the old lift station had problems so he and some of the neighbors thought this new lift station would keep that from happening again. Commissioner Dallari asked Mr. Terrero if the City of Longwood was pumping stormwater into the lift station and he replied that it was not stormwater, but wastewater. He explained they usually have four hours pumping on that station but they had six hours additional pumping on Saturday and Sunday morning. Commissioner Dallari questioned if when the lift station was expanded, whether it wasnt expanded enough. Mr. Terrero stated it seems that Longwood is upgrading theirs too but they keep riding the County so they are looking into it. They are talking to Longwood to see what they were doing and they are going to go back and look over the design to ensure they got it right. Commissioner Dallari noted that something does not seem right, and he asked that Mr. Terrero report back to the Board and the Hampton Park Homeowners Association.

Commissioner Carey asked about the retention pond. Mr. Ramondetta stated it is the small one just outside of the Hampton Park community on the east side of Country Club. Ms. Guillet advised that they will take a look at it. Commissioner Dallari asked Mr. Ramondetta to provide staff with his contact information.

Speaker Request Form from Mr. Ramondetta was received and filed.

 

-------

Chairman Horan asked Commissioner Sladek (Oviedo City Council Member) to speak about some problems with regards to a bordering property to her property in Oviedo. He noted staff has reported, however, that Seminole County no longer has any kind of construction operations on that project.

Megan Sladek, 6007 Lake Charm Circle, addressed the Board to explain that this morning, they had the third invasion of their backyard by people who claim to be there with the Countys blessing in reference to Permit #TR00012425. She advised the head of the project met with someone from the County on site this morning about 9:45 a.m. and got confirmation from the Countys side that they were digging in the correct place. She has a survey that shows where the pin in the road is though and the pin in the road is the universally agreed upon corner of the property line, and they are clearly not in it. She is just hoping for some assistance in resolving this because this is the third time that this has happened. The first time it was AT&T in conjunction with a County project, the second time it was HDR in conjunction with the widening of SR 426, and this time, it is actually PowerCloud. They are laying fiber optic on top of the fiber optic already laid by AT&T, and now that they have dug a hole, she knows it is not where it is supposed to be under an agreement, with permission from the County, to enter and repair the damage that they caused last March by parking all of their equipment there and dumping asphalt. Chairman Horan asked Jean Jreij, Public Works Director, to address this directly with Ms. Sladek.

-------

 

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

ks/tp