BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
AUGUST 8, 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, August 8, 2017, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman John Horan (District 2)
Vice Chairman Brenda Carey (District 5)
Commissioner Lee Constantine (District 3)
†††† Commissioner Carlton Henley (District 4)
Clerk of Court & Comptroller Grant Maloy
†††† County Manager Nicole Guillet
†††† County Attorney Bryant Applegate
†††† Deputy Clerk Kyla Spencer
†††† Commissioner Robert Dallari (District 1)
†††† Reverend John Pierce, Ethnos 360, Sanford, gave the invocation.† Commissioner Constantine led the Pledge of Allegiance.
The Business Spotlight video for Pioneer Technology Group/Pioneer Records Management was presented.
COUNTY MANAGERíS CONSENT AGENDA
†††† County Manager Nicole Guillet stated there is one revision to the Consent Agenda.† Staff has pulled Item #2 relating to the State Housing Initiatives Partnership (SHIP) Program Agreement between Seminole County and University of Florida Board of Trustees to provide housing counseling for first time homebuyers and renters in the amount of $67,357.† They intend to bring the item back to the next Board meeting.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to authorize and approve the following:
County Managerís Office
1.† Approve the 2018 benefit renewals for Florida Blue, Allstate, and The Standard Insurance Company; and authorize the County Manager to execute the renewal agreements. †(2017-0191)
2.† Pulled from the Agenda request to approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Agreement between Seminole County and University of Florida Board of Trustees to provide housing counseling for first time homebuyers and renters in the amount of $67,357.† (2017-0156)
3.† Approve the certified costs incurred in the amount of $9,472.21, to abate the unoccupied structures located at 1250 Dunbar Avenue, Sanford, as specified in Section 168.8 (a); issue Order Imposing Lien to impose the certified costs incurred in the amount of $9,472.12 as a lien against the property; and authorize the Chairman to execute the Release of Lien upon payment in full.† (2017-0131)
Planning & Development
4.† Authorize the release of the Roads, Streets, and Drainage Performance Bond #SU1133490 in the amount of $30,056.40 for the Steeple Chase Replat N subdivision.† (2017-0212)
5.† Authorize the release of the Roads, Streets, Drainage, and Sewer Performance Bond #59BSBHK0900 in the amount of $706,511.50 for the Tuscawilla Estates Subdivision. †(2017-0203)
6.† Authorize the Chairman to execute appropriate Resolution #2017-R-124 amending Seminole County Administrative Code, Section 20.45, Water and Wastewater Connection Fees and User Charges, updating addressing rates, definitions for water, wastewater and reclaimed water services, and other edits for clarity. †(2017-0223)
Greenways & Natural Lands
7.† Approve and authorize the Chairman to execute the Interlocal Agreement between Seminole County and the City of Sanford to fund the Northshore Boater Rigging Platform Project through the Boating Improvement Program in the amount of $44,860 through the Boating Improvement Fund to fund the project.† (2017-0224)
8.† Approve and authorize the Chairman to execute appropriate Resolution #2017-R-125 implementing Budget Amendment Request (BAR) #17-070 through the 2014 Infrastructure Sales Tax Fund in the amount of $169,000 from reserves to provide additional funding for the SR 426 @ Red Bug Mitchell Hammock Road Mast Arm and SR 434 @ Manor Avenue Mast Arm projects. †(2017-0207)
9.† Approve and authorize the Chairman to execute appropriate Resolution #2017-R-126 implementing Budget Amendment Request (BAR) #17-071 through the 2014 Infrastructure Sales Tax Fund in the amount of $90,000 for the construction of signal loops for 9 signals on CR 46A from Oregon Avenue to Grenada Avenue. (2017-0225)
10.† Approve and authorize the Chairman to execute appropriate Resolution #2017-R-127 implementing the Budget Amendment Request (BAR) #17-072 to allocate $26,945 from General Fund reserves for the purchase of a Hurricane Deck Boat and trailer in Watershed Management.† (2017-0226)
11.† Approve and authorize the Chairman to execute appropriate Resolution #2017-R-128 implementing Budget Amendment Request (BAR) #17-078 through an allocation from the Florida State Housing Initiative (SHIP) Program Fiscal Year 2017/18 for an allocation to Seminole County in the amount of $1,934,069.† (2017-0214)
12.† Approve and authorize the Chairman to execute appropriate Resolution #2017-R-129 implementing Budget Amendment Request (BAR) #17-080 through the General Fund for the purchase of a Turf Sweeper for the Sports Complex in the amount of $20,690. (2017-0229)
Purchasing & Contracts Division
13.† Award RFP-602848-17, Computer Aided Dispatch (CAD) Project Management and Planning Consultant Services, to Windbourne Consulting, LLC, Arlington, in the amount of $121,600 for Phase I and $119,900 for Phase II; authorize the Purchasing & Contracts Division to issue Purchase Orders accordingly; and approve and authorize the Chairman to execute appropriate Resolution #2017-R-130 implementing Budget Amendment Request (BAR) #17-069 through the BCC Projects Fund in the amount of $241,500 to establish funding for the project. †(2017-0138)
14.† Waive the Competitive Requirement of Section 3.5513 of the Seminole County Administrative Code and award M-602910-17, Federal Legislative and Governmental Liaison Services for Seminole County, to Alcalde & Fay, Arlington, at a cost of $72,000 per year; and authorize the Purchasing & Contracts Division to execute the Agreement. †(2017-0158)
15.† Award RFP-1294-17, Master Construction Services Agreements for Community Services Home Rehabilitation Program, to BSE Construction Group, Corinthian Builders Inc., Dager Construction Inc., Glen Holt Aluminum LLC, Linton Enterprises Inc., M&J Enterprises International Inc., Pat Lynch Construction, and Tyrell Enterprises LLC; and authorize the Purchasing & Contracts Division to execute the MSAs; estimated annual usage of $900,000.† (2017-0177)
16.† Approve and authorize the Chairman to execute appropriate Resolution #2017-R-131 implementing Budget Amendment Request (BAR) #17-083 in the amount of $250,000 through the Workersí Compensation Fund Reserves to provide additional funding for Workersí Compensation claims.† (2017-0227)
Districts 2, 3, 4 and 5 voted AYE.
County Attorneyís Agenda
†††† Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the following:
17.† Authorize the waiver of the procurement process, and the County Attorney to enter into and terminate contracts with online legal research providers, and to sign any agreements and any other documents needed to implement this change.† (2017-0228)
Districts 2, 3, 4 and 5 voted AYE.
CONSTITUTIONAL OFFICERíS CONSENT AGENDA
Clerk & Comptroller's Office
†††† Motion by Commissioner Carey, seconded by Commissioner Constantine, to approve the following:
18.† Approve Expenditure Approval Lists dated July 10 and 17, 2017; Payroll Approval List dated July 13; and 2017 BCC Records Destruction List.† (2017-0236)
Districts 2, 3, 4 and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptrollerís ďReceived and FiledĒ:
1.† Seminole County Port Authority (SCOPA) FY 2017/18 Budget.
2.† Florida Public Service Commission Consummating Order #PSC-2017-0265-CO-EI approving Duke Energyís revisions to tariff sheets #4.070 and #4.080; Docket #1170096-EI, issued July 11, 2017.
3.† Florida Public Service Commission Consummating Order #PSC-2017-0264-CO-EI approving Florida Power & Light Companyís revised tariff sheets, Docket #20170096-EI, issued July 11, 2017.
4.† Florida Public Service Commission Memorandum dated June 29, 2017 regarding Docket #170110-GU, modifications of customer deposit tariff sheets by Florida Public Utilities Company.
5.† Florida Public Service Commission Memorandum dated June 29, 2017 regarding Docket #170077-EQ, approval of renewable energy tariff by Florida Power & Light Company.
6.† Florida Public Service Commission Memorandum dated July 6, 2017 regarding case management system upgrade.
7.† Florida Public Service Commission Conference Agenda for July 13, 2017.
8.† Private Road Maintenance Bond #1059063 in the amount of $100,864 for the project known as Park Place at Aloma; Meritage Homes of Florida.
9.† Parks Contracts for Services with Elaine Rindfuss, Craig Joseph Malatesta, Summer Sullivan and Tennis Development Instruction Agreement with Jeffrey Shiflett.
10.† Fully Executed Local Agency Program (LAP) Supplemental Agreement #2 with Florida Department of Transportation (FDOT) for construction of sidewalks in conjunction with Spring Lake Elementary School, as approved by the BCC on February 28, 2017.
11.† Board of Adjustment Denial Development Orders #17-30000048, 3001 Woodchase Drive, Terry L. Coe, Jr.; and #17-30000047, 786 Glenwood Drive, Nohemy Lucero.†
12.† Board of Adjustment Approval Development Orders #17-30000036, 141 E. 7th Street, John and Kathy Daigle; #17-30000037, 3455 E. SR 46, Stephen J. and Nancy S. Anderson; #17-30000038, 144 Burnsed Place, Bryan Carlson; #17-30000039, 1785 Cherry Ridge Drive, Paul B. and Pamela P. Whitney; #17-30000041, 123-125 Pacific Avenue, Jessica Ferpes; #17-30000042, 4422 Brook Hollow Circle, Soraya Mendoza; #17-30000043, 8786 Atwater Loop, Statmatis and Kathryn Vrochopoulos; #17-30000044, 2712 Tierra Circle, Deborah Brooks; #17-30000045, 1849 Misty Morn Place, Daniel C. and Lisa D. Myers; #17-30000046, 1114 Korpril Lane, Alan and Sheri Cohn; #17-30000049, 531 Lake Eagle Lane, Robert A. and Gemma M. Mueller; #17-30000050, 700 Gladwin Avenue, Martin Winger; and #17-3200004, 1570 Dodd Road, Robin McAlindon.
13.† Tourist Tax Funding Agreements (2) with Florida Half Century Amateur Softball Association for July 50ís Senior Softball Tournament and 2017 July 60ís Senior Softball Tournament.
14.† Tourist Tax Funding Agreement with Prospect Wire, Inc. for Florida State Championship.
15.† Tourist Tax Funding Agreement with Nations Baseball of Greater Orlando, Inc. for 2017 Tournament of Stars.
16.† Tourist Tax Funding Agreement with Suncoast Athletics Sports Group, Incorporated for Florida State All Star Games.
17.† Tourist Tax Funding Agreement with Longwood Babe Ruth Baseball of Seminole County, Inc. for 2017 Southeast Regional Baseball Tournament.
18.† Closeout of CC-0509-15 with MCG Services, LLC.
19.† Change Order #5 to Work Order #1 to CC-0559-15 with Prime Construction Group, Inc.
20.† Closeout of Work Order #1 to CC-0559-15 with Prime Construction Group, Inc.
21.† Change Order #2 to Work Order #6 to CC-0559-15 with C.E. James, Inc.
22.† Change Order #1 to Work Order #13 to CC-0559-15 with Southland Construction, Inc.
23.† Work Order #32 to CC-9192-13 with M&J Enterprises International, Inc.
24.† Amendment #1 to M-1243-17 with C.T. Hsu & Associates, P.A.
25.† First Amendment to M-602686-16 with Robert Deck d/b/a Labor Finders.
26.† Work Order #27 to PS-0009-15 with Inwood Consulting Engineers, Inc.
27.† Work Order #28 to PS-0009-15 with Pegasus Engineering, Inc.
28.† Work Order #1 to PS-0801-16 with Geosyntec Consultants.
29.† Amendment #7 to Work Order #8 to PS-2051-07 with Environmental Research & Design, Inc.
30.† Amendment #4 to Work Order #51 to PS-4388-09 with Inwood Consulting Engineers, Inc.
31.† Amendment #2 to Work Order #37 to PS-4388-09 with RS&H Inc.
32.† Amendment #1 to Work Order #11 to PS-6658-11 with S2LI, Incorporated.
33.† Amendment #4 to Work Order #1 to PS-7333-12 with CPH, Inc.
34.† Amendment #1 to Work Order #30 to PS-7643-12 with Southeastern Surveying and Mapping Corp.
35.† Work Orders #75 and #76 to PS-8148-12 with CDM Smith, Inc.
36.† Amendment #2 to Work Order #1 to PS-9351-14 with CPH, Inc.
37.† Work Order #21 to PS-9738-14 with E Sciences, Inc.
38.† Work Order #1 to RFP-1210-17 with National Metering Services, Inc.
39.† Amendment #1 to Work Order #3 to RFP-8721-13 with Renaissance Planning Group.
40.† Amendment #1 to Work Order #4 to RFP-9601-14 with Revere Control Systems, Inc.
41.† Bids as follows:
CC-1369-17 from Corinthian Builders, Inc.; Linton Enterprises, Inc.; BSE Construction Group, LLC; Dager Construction, Inc.;
CC-1391-17 from Condor Construction, Corp.; Schuller Contractors, Incorporated; Central Florida Environmental Corp.; Ryan Fitzgerald Construction, Inc.; P&S Paving, Inc.; C.E. James, Inc.; Hinterland Group, Inc.;
CC-1414-17 from Hiatt Construction, LLC; Dager Construction, Inc.; and
CC-1439-17 from Emmett Sapp Builders, Inc.; Southland Construction, Inc.; Axios Construction Services, LLC; Rieker Duley Construction Company, Inc.; West Construction, Inc.
Item #19 Ė 2017-0211
Pulled from the Agenda request to consider approval of a Resolution recommending that Robinhood Markets, Inc. be approved as a Qualified Target Industry Business (QTI); and approval of the Countyís required Local Financial Support of $210,000 over Fiscal Years 2018/19 to 2022/23, as local participation in the QTI tax refund program.†
Ms. Guillet stated staff is continuing to review this item based on questions they have received.
Speaker Request Forms were received and filed.
Item #20 Ė 2017-0163
†††† In regard to the request to establish a structure for the provision of Fleet Management and Maintenance Services, and consider awards for RFP-602802-17 and RFP-602896-17, Ray _%_Manager, addressed the Board to advise that as of 4 :30 p.m. yesterday afternoon, he received a protest from Serco, Inc., the current provider, on th e first RFP, which is the all-inclusive RFP.† Staff's comments after talking to the County Attorney's Office are that they haven't had a chance to evaluate it.† The protest_%_ may be questionable as far as timeliness because the RFP was issued in March and closed in April, and s_!™1_taff has to study some of the merits of it.† M r. Hooper explained it should not affect today's decision or the Agenda, and he will respond to the protest once the Board makes their decision.† Hoop er , Purchasing & Contracts
Jean Jreij, Public Works Director, addressed the Board and presented the item as outlined in the Agenda Memorandum. †He stated staff recommends Option 3, outsourcing Fleet Management and Maintenance Services for the Fire Department heavy response equipment with attached ďchildren equipment,Ē and in-house delivery of Fleet Management and Maintenance Services for all other BCC program fleet and equipment.
Mr. Hooper stated s_#h1_which in cluded all of the three cat_#o1_egories of the white fleet , the public safety vehicles and the small _#u1_e quipment .† It did not allow to _#1_see pricing on any of those categories because there's _#č1_a belie f that the e con_#Ď1__#í1__#ď1_omies of scale of pro viding one fleet manager over the entire fleet would be _#•1_a savings , plus staff was still thinking that status quo w as okay .† He explained when they saw that they only received two proposals, Serco, Inc. and First Vehicle Services, they decided staff needed to go back on the street and see if they can be creative and incentivize competition and also small businesses.† They thought they could break it apart in three categories and allow any options to award to an out-source vendor any of those categories, or all, or two, whatever the case may be, to have a lot of flexibility in it.† They also thought they could open up competition by entertaining small businesses in that small equipment piece, which would be a good category for small businesses that specialize in small equipment.taff initiated the first R F P in March and it was basically an RFP of the existing status quo
Mr. Hooper stated they did get one proposal for the small equipment.† The pricing is included in the agenda item and itís rather high.† Staff did try to do a lot of outreach to try and encourage competition. †The way they have structured it to the targeted (fixed fee) and non-targeted, there are a lot of risks associated with it, especially with the aging fleet.† He opined that is probably some of the reasons for the feedback staff received as far as competition goes.
Ms. Guillet explained † She stated managing that fleet and ensuring that it's up and running is a key factor in delivering service to the public.† Staff knew that the Serco, Inc. contract was coming up for bid and they started talking about how they can ensure that they are delivering Fleet Maintenance Services in the most efficient and effective manner.† Staff has taken a hard look internally over the last year and a half of their Fleet Maintenance. †They brought in a new Fleet Maintenance Manager, Joe Routt, to look at what some of the Countyís issues have been historically with regard to delivering Fleet Maintenance and proceeded forward with an approach in anticipation of the conclusion of the existing Serco, Inc. contract to try to decide what the best options are for moving forward with Fleet Maintenance.† Fleet Maintenance is a significant portion of the budget and the County has a very diverse fleet, everything from emergency vehicles to the white fleet that inspectors use and heavy equipment with Public Works and heavy equipment associated with the land fill operation. It is a very big part of the service de liver y protocols .
Ms. Guillet added, as part of that, staff talked with the users, and all of the departments have different fleet needs and different issues with respect to ensuring that their fleet is up and running and able to provide the best service possible.† One of the most critical areas of concern is emergency vehicles and ensuring that they are able to respond as quickly and effectively as possible.† Staff has spent a great deal of effort and resources in the last few years bringing their emergency fleet up to the standard that they believe is appropriate for the community. †She explained the white fleet and some of the heavy equipment in other departments is aging significantly.† With the economic downturn, they stopped making the kind of investments that they had historically made in fleet.† The contract that they have with Serco, Inc. right now really encourages a ďrun to failureĒ because there are a number of items that are included in the target repair rate.
Ms. Guillet stated they have a fleet that is very old, so as a result, when they went out to bid to try to find a company to come in and completely outsource the maintenance, the age of the fleet and the condition of the fleet came into play. †The number the County received as a bid for this is significantly higher than their current Fleet Maintenance cost.† When staff knew that that was going to be an issue, they started looking at different options of how they can deliver Fleet Maintenance Services.† She discussed the three options identified in the Agenda Memorandum.† Ms. Guillet explained with the potential of outsourcing service for emergency vehicles and ultimately bringing everything else in-house, they are very concerned about making sure that the level of service that they have with respect to their emergency vehicles is such that they can respond adequately to any emergency situation.†
Ms. Guillet advised in reviewing the proposals that they received, and reviewing what some of the issues have been with service delivery, and in talking with the users and different departments that rely on Fleet Maintenance Services, staff landed at the recommendation of Option 3, which is outsourcing service for emergency vehicles and bringing everything else in-house.
Commissioner Carey stated _(.1__(/1_their fleet .† She opined r egard less of how they maintain _(=1_it , they need to right size it and re struct ure t heir practice so that the entire fleet is under the ownership of the Count_(V1__(W1_y Manager and _([3_assigned as needed through the Fleet Management process, which is one of the recommendations in the Fleet _(g3__#_Services business plan.† She voiced her concern is the avail ability of qualified staff a nd discussed the short age of _(Ě2_mechan ics in _(Ę2__#_Central Florida .† She stated she wants to make sure that what ever they do , they continue to use best practices because parts inventory_)D1__)E1_, storage and disposal have all changed over the _)O3_years .† She explained how dealerships used to have three stories worth of parts for storage but today deal er ships really don't store any parts at all .† They can get them on demand, they get them within an hour, and they can usually _)s1_get them over_)v1_night de pending _)z1_on what it is that they need .† She suggested as staff look s at either hir_)Č4_ing a new contractor or doing it in-house, they need to look at cost because that inventory all has a cost associated with it.† And if t hey end up buying a different type of fleet inventory, the parts the y have on the shelf may not even be appropriate parts.during the budget process , they talked a little bit about
Commissioner _)“1_ation of staff and trying that , but she want s everybody to understand that they may run into some of the same issues that other s have and they need a Plan B .† She asked what the plan is if they don't have enough people and discussed being able to _*71_out source those vehicles to var ious facilities to make sure that they can keep them maintain ed and timely .† She opined the mobile unit is a great idea regardless of who is doing that and that driving heavy e quipment to a location to have wind shield wipers changed , or light s, or whatever the case may be is not a _*f1_good practice .† She reiterated they have to in corporate best practices _*v2_regardless of who is managing _*~1_th e contract .† Commissioner Carey explained o ne of the problems with Serco, Inc. is being able to get avail able staff .† The County asked them to have 28 _*ü1_people and now they are pro posing 36 .† She doesn't know how many they have had but thinks that they have been short and probably some of that has to do with the _*Ķ3_availability out there .Carey stated she does not have an issue with the recommend
Chairman † He stated he likes this option as a first step. _%_He pointed out there are some things not covered in this including how t hey acquire vehicles ; the way _+T1_t hey re_+V1_place aging fleet with regard to whether t hey go out and _+b1_do closed- e nd leases, open-end leases, or single -payment leases; and how they acquire e quipment and vehicles in the future with regard to the S O P s (standard operating procedures).† Chairman Horan stated the County has been dealing with this since he came into office_+é2__+ź3__+ď1__+Ē1__+ē1__+Ė1__%__+ó1__+ė1__+ô1__+ö1__+õ1__+ú1__+Ě3__+ 1__+°1__+Ę1__+£1__+§1__+•1__+¶1_ in regard to the terms of the maintenance especially since the_+Į2_ econom ic down_+≥1_turn because t hey were just trying to cut costs at _+Ő1_th at particular time .† He e xpressed he likes the recommendation of staff and thinks it will e nable t he County to _+š1_make better cycling decisions_+Ž1_.† It will _+Ū1_also put t hem in a better position _+Ű1_to go to the next level in terms of Fleet Management with telematics and being _,-1_able to digit ally transmit information concerning maintenance so that they are not doing everything on _,A1_an ad- hoc basis .† He reiterated it is a good first step but _,b1__,c1_think s they have other thin gs that they need to do with Fleet as _,p1_they go down the road that deal with more than just maintenance .Horan discussed the uniqueness of the County's fleet.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #20 and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to authorize the selection of Option 3 for Fleet Management and Maintenance Services, outsourcing the maintenance of the Fire Department heavy response equipment with attached ďchildren equipmentĒ to First Vehicle Services, and providing for in-house Fleet Management and Maintenance Services for all other BCC program fleet and equipment; authorize staff to negotiate the Agreement with First Vehicle Services consistent with Option 3 and RFP-602896-17; and authorize the Purchasing & Contracts Manager to execute the negotiated Agreement.
Districts 2, 3, 4 and 5 voted AYE.
County Attorney Briefing
†††† Mr. Applegate announced he will be absent from the next Board meeting and Deputy County Attorney Lynn Porter-Carlton will be covering the meeting.
†††† Chairman Horan noted Commissioner Dallari is absent today.† He confirmed with Ms. Guillet that staff is recommending a continuance on Item #22.† Ms. Guillet explained Item #22 is the proposed Ordinance to the Land Development Code dealing with marijuana dispensaries.† Staff is recommending a continuance until August 22nd because of the actions that were taken at the Planning Commission meeting where they recommended a 90-day continuance. †Ms. Guillet added that will be discussed this afternoon.† Mr. Applegate pointed out they will readvertise if necessary.† Chairman Horan announced in regard to Item #22, they will only be accepting Public Participation comments regarding the continuance.†
Chairman Horan recessed the meeting at 10:03 a.m., with all Commissioners and all other Officials, with the exception of Grant Maloy, Clerk of the Circuit Court & Comptroller, and 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 Constantine, seconded by Commissioner Henley, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
†††† Districts 2, 3, 4 and 5 voted AYE.
MARAVE ESTATES REZONE/David Erdman
Agenda Item #21 Ė PH-2017-0204
Proof of publication calling for a public hearing to consider a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) on 1.36 acres, located on the west side of Dodd Road, one-fourth mile north of Howell Branch Road, David Erdman, received and filed.
†††† Joy Giles, Planning & Development, addressed the Board to present the item as outlined in the Agenda Memorandum.† She advised the Planning & Zoning Commission recommended approval, and staff also recommends approval of the Rezone.
†††† Valerie Kelley, 1860 Old Mims Road, addressed the Board to state she is here to represent David Erdman, the owner of the property, and to answer any questions the Board may have.
†††† With regard to public participation, no one in the audience spoke in support or in opposition of Item #21, and public input was closed.
†††† Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance #2017-28 enacting a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) on 1.36 acres, located on the west side of Dodd Road, one-fourth mile north of Howell Branch Road, as described in the proof of publication; David Erdman, Applicant.
Districts 2, 3, 4 and 5 voted AYE.
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE
MARIJUANA DISPENSARY ORDINANCE
Agenda Item #22 Ė PH-2017-0194
Proof of publication calling for a public hearing to accept public comment on, and authorize the scheduling of, a Public Hearing to consider adoption of an Ordinance amending Chapter 30 of the Seminole County Land Development Code to prohibit medical marijuana treatment center dispensing facilities, received and filed.
Bryant Applegate, County Attorney, advised that on August 3rd, the Planning & Zoning Commission delayed their discussion regarding any proposed ordinance until October; therefore, staff is recommending the matter be continued to a time uncertain.† If the matter comes before the Board, it will be re-advertised pursuant to Florida law.
†††† With regard to public participation, no one in the audience spoke in support or in opposition to a continuance, and public input was closed.
†††† Motion by Commissioner Constantine, seconded by Commissioner Carey, to continue, to a time and date uncertain, the request to receive public comment and authorize the scheduling of a Public Hearing to consider an Ordinance amending Chapter 30 of the Seminole County Land Development Code to prohibit medical marijuana treatment center dispensing facilities, as described in the proof of publication.
†††† Districts 2, 3, 4 and 5 voted AYE.
†††† Commissioner Carey reported they had the Central Florida Expressway ribbon cutting event for the Wekiva Parkway at the end of July.† It was a good turnout for the new five-mile section of the Wekiva Parkway that is opening.† She pointed out that with the TIFIA loan, they were able to save hundreds of millions of dollars and move the schedule ahead greatly.† She added it is great to see this road has been constructed as it had been envisioned as an environmental example of how you can have progress and still protect the environment.† The Commissioner noted that Commissioner Constantine was also in attendance as the chairman of the Wekiva River Basin Commission where they both serve to ensure that this road is built as it was agreed to back when the task force originally started.
†††† Commissioner Carey stated regarding the Sanford Airport Authority meeting, domestic travel is up 9% this year so far, and the total passenger increase year to date is up over 8%.† So, they are still growing at leaps and bounds at the Orlando Sanford International Airport.
†††† Motion by Commissioner Carey, seconded by Commissioner Henley, to appoint Robert Turnage, elector residing in unincorporated area of District 5; Michelle Smith, elector residing in the City of Sanford; and James Dicks, elector at large, to the 2017/18 Charter Review Commission.† (Memorandum from Commissioner Carey re: Charter Review Commission appointments received and filed.)
†††† Districts 2, 3, 4 and 5 voted AYE.
†††† In Commissioner Dallariís absence, Chairman Horan noted the Commissioner had submitted a memorandum (received and filed) listing his official appointments for the record.
Motion by Chairman Horan, seconded by Commissioner Carey, to appoint Josh Strzalko, elector residing in the City of Oviedo; Tom Boyko, elector residing in unincorporated area of District 1; and Tom OíHanlon, elector at large, to the 2017/18 Charter Review Commission.†
Districts 2, 3, 4 and 5 voted AYE.
†††† Commissioner Constantine stated they did open up the Florida Black Bear Habitat exhibit at the Central Florida Zoo to a rounding success on July 26th.† He noted that he heard that hundreds of people are visiting it daily, and the Zoo is doing a fine job with the educational portion of that.
†††† As Commissioner Carey indicated, Commissioner Constantine stated a section of the Wekiva Parkway has opened, and seeing that come to a culmination since working as chairman of that commission since 2003 was a great joy to him.† He noted the biggest portion will be connecting to I-4 in Seminole County and he looks forward to that day in 2021.
†††† Commissioner Constantine expressed he was honored to do a Central Florida, Orange County Legal Society ethics program with Bryant Applegate.† He noted they had asked Mr. Applegate to give a presentation with his usual baseball analogies.† The Commissioner stated that his own presentation was on ethics, specifically environmental law on some of the legislation he had done including the Wekiva Parkway and Protection Act in Tallahassee.
†††† Commissioner Constantine invited Ralph Terrero to give an update on the sad happenings from the Florida Public Service Commission this past week.† He noted that Mr. Terrero represented the County well despite the result.
†††† Ralph Terrero, Environmental Services Director, addressed the Board to report that he and counsel attended the meeting, and they were not able to do anything besides just talking to the commissioners prior to the meeting.† He said now Sanlando will have a big rate increase, and the people from Sanlando complained more about the rates than the services.† He added the commission noted the Sanlando rates were very low and they looked at the large usage by Sanlando customers, about 11,000 gallons, as a factor.
†††† Commissioner Constantine advised that after the first recommendation by FPSC staff, a second recommendation had been presented where they actually put silos of service into three different areas, which would have been a little bit better for the Seminole County residents.† However, the commission went back to the original recommendation.† Mr. Terraro noted that the first vote was not seconded, and after a break, the commission returned and they did not go with what staff had recommended the day before.
†††† Commissioner Constantine stated that of the $5.5 million utilities increase that FPSC asked for, Seminole County residents will be saddled with the burden of $3.85 million of that, which is over 70%.† He stated when you look at the law that says ďreasonable and not unfairly discriminatory,Ē he doesnít understand how anyone could even suggest that that is not unfairly discriminatory.†
†††† Upcoming events were listed by Commissioner Constantine including the Wekiva Basin Commission meeting on August 11th and the Central Florida Zooís ďBlack Tie on The Wild SideĒ on August 12th at the Westin.
†††† Commissioner Constantine stated he is appointing Dudley Bates to the Code Enforcement Board to replace James Vickaryous, who has resigned; and Nancy Dunn to the Parks & Preservation Advisory Committee to fill Dudley Batesí unexpired term.
†††† Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve appropriate Resolution #2017-R-132 in appreciation of service on the Code Enforcement Board by James Vickaryous; and appropriate Resolution #2017-R-133 in appreciation of service by Dudley Bates on the Parks & Preservation Advisory Committee.
Districts 2, 3, 4 and 5 voted AYE.
†††† Motion by Commissioner Constantine, seconded by Commissioner Carey, to appoint Robert OíMalley, elector residing in the City of Altamonte Springs; Robert Levy, elector residing in unincorporated area of District 3; and Pasha Baker, elector at large, to the 2017/18 Charter Review Commission.† (Memorandum from Commissioner Constantine re: Charter Review Commission appointments received and filed.)
†††† Districts 2, 3, 4 and 5 voted AYE.
†††† Motion by Commissioner Henley, seconded by Commissioner Constantine, to appoint Kevin Grace, elector residing in the City of Lake Mary; Bob McMillan, elector residing in the City of Longwood; and Larry Strickler, elector residing in unincorporated area of District 4, to the 2017/18 Charter Review Commission.† (Memorandum from Commissioner Henley re: Charter Review Commission appointments received and filed.)
†††† Districts 2, 3, 4 and 5 voted AYE.
†††† Motion by Chairman Horan, seconded by Commissioner Carey, to appoint Michelle Ertel, elector residing in unincorporated area of District 2; Edward L. Schons, elector residing in the City of Winter Springs; and Colleen Hufford, elector residing in the City of Casselberry, to the 2017/18 Charter Review Commission.† ((Listing of District 2 Charter Review Commission appointments received and filed.)
†††† Districts 2, 3, 4 and 5 voted AYE.
†††† Chairman Horan stated he attended the grand opening of Seacoast Bankís new Customer Service Center on Timacuan Boulevard about two weeks ago.† He noted they currently have 15 employees, and they will be employing another 25 to 35 for that service center over the next 3 or 4 months.
†††† Chairman Horan reported that tomorrow, the Central Florida Commission on Homelessness will review and approve the budget and operational plan for the coming year.† He noted there has been a lot of discussion among the jurisdictions with regard to the appropriate role for the commission in light of the fact that they are not going to go forward with a jurisdictional governance structure.† They will be reviewing the operational plan which will, of course, set the budget and also set their portion of it, which does not look like it is going to be radically different from this year.† He added the jurisdictional leaders of the commission are meeting periodically and being hosted by Mayor Jacobs.† They recently met last week, and the discussions there are to make sure that everyone understands how the CoC is being operated and what they are doing with the Commission on Homelessness.† He opined it is good that the jurisdictions have the opportunity to just have meetings between and among themselves so they can discuss these things.
†††† Chairman Horan reported that Joel Hunter is leaving Northland Church to devote his entire attention to the issue of homelessness through his chairmanship of the Central Florida Commission on Homelessness and also his involvement with the Community Resource Network.
†††† Chairman Horan stated the budget workshop is coming up on the 17th.† He knows the County Manager has scheduled meetings with the Tax Collector and the Clerk of the Court & Comptroller to further refine their budget requests.
†††† Chairman Horan asked about the resolution in connection with Lake Jesup.† Ms. Guillet advised they are looking into it.† They want to understand exactly what sort of work the Army Corps is doing in Lake Jesup before they endorse that work.†
†††† Chairman Horan noted that the letter has been sent to the Attorney General with regard to participation in the Crime Stoppers initiative.
COMMUNICATIONS AND/OR REPORTS
†††† The following Communications and/or Reports were received and filed:
1. Letter dated July 24, 2017, from Brian Garrity, Achievement of Excellence in Procurement Award Officer, to Chairman Horan re: Purchasing Division earned the 2017 Achievement of Excellence in Procurement Award.
2. Letter dated July 24, 2017, from Nanci Alexander, President, Animal Rights Foundation of Florida, to Chairman Horan and Commissioners re: expressing strong support of an Ordinance to restrict the sale of dogs and cats at pet stores.
3. Copy of a letter dated July 26, 2017, from Linda McWhorter, Chief, Bureau of Preparedness, State of Florida Division of Emergency Management, to Alan Harris re: review of Seminole County Comprehensive Emergency Management Plan meets the compliance criteria.
4. Letter dated July 29, 2017, from Chairman Horan, to Pam Bondi, Office of the Attorney General, State of Florida re: Crime Stoppers Trust Fund.
5. Letter dated July 31, 2017, from Penny Seater, Executive Director, Habitat for Humanity, to Seminole County Board of County Commissioners re: appreciation of a gift of $30,000 to their organization.
COUNTY ATTORNEYíS REPORT
†††† Bryant Applegate, County Attorney, stated that his office has put together a large, three-ring binder of all the County Charters in the State of Florida and information on Seminole County for staff and each of the 15 members of the Charter Review Commission.† Also, they are working with the County Managerís Office on scheduling their first meeting.
†††† In regard to the FPSC hearing, Mr. Applegate advised he had a brief conversation with their outside special counsel, Bill Bilenky, and they are in the process of looking at different options.† He will be asking Mr. Bilenky to provide somewhat of a synopsis that he will distribute to the Board once it comes in.
ITEMS FOR FUTURE AGENDA
†††† Michael Bristol, 4750 S. Sanford Avenue, addressed the Board to state that the new Masjid-al-Hayy Mosque on Myrtle Street is nearing completion and they had their opening celebration this past weekend that included a very large fireworks display at 11:00 p.m.† His concern is with the stable they own which is right around the corner.† He understands they got a permit from the County and wants to know how he would make sure he doesnít have a fireworks display of that magnitude going off 3,000 feet from his property line again.† Chairman Horan explained this is the kind of permit that is not required to come in front of the Board, so it is administratively issued by staff. †He has asked staff, in the future, to give him a heads up if they again file for some other kind of event permit so he can provide some kind of notice to the surrounding property owners.† Had he known, he would have suggested that a less noisy celebration at 11:30 at night would have been a better choice.
†††† Mr. Bristol said there are other stables even closer to the mosque and their animals did have some non-serious injuries, and he spent most of Saturday afternoon replacing fences.† He was thankful that none got out on the road.† When they built their stable in 2009, one of the restrictions on the Development Order was ďno external sound amplification.Ē
†††† Chairman Horan advised that he has asked the County Manager to establish a standard operating procedure when these kinds of permits are issued for any organizations so the district commissioner is advised.† He noted there is nothing else commercial around the mosque, just a neighborhood and vacant land.†
†††† Mr. Bristol questioned whether they needed a permit for off-street parking also because Myrtle was pretty much impassable.† Ms. Guillet stated that churches are exempt from the requirement of getting Special Event permits and noted that is part of the Code.† Commissioner Henley stated they do have a noise ordinance.† Ms. Guillet responded they had received a Noise Exemption permit.† Her understanding was that the neighborhood had been notified of the event and activities, and that was considered when staff reviewed the permit application.† She added they will put a protocol in place to alert any of the district commissioners and neighbors of anything that is going on of this magnitude.†
†††† Mr. Bristol wondered if there were plans for any infrastructure improvements to Hester, Myrtle or Sanford because it will be fully opened some time next year and they have a school as part of the mosque.† They were wondering how the traffic will be affected with 300 students coming in daily.† Tina Williamson, Development Services Director, advised there is nothing in the Development Order that speaks to any infrastructure in that particular area.† She noted that there were some road improvements done as part of the mosque site plan.† Jean Jreij, Public Works Director, stated he is not aware of anything in that area but he will check into it to see if there are any long-range plans.† The Chairman asked him to get Mr. Bristolís contact information so he can advise regarding this.
†††† Heather Bristol, 4750 S. Sanford Avenue, addressed the Board to ensure that they understand that she has livestock.† She knows they have an Ag Commission in Florida and she understands the mosque is a church.† She noted they all have to live together, but she gave them respect on that day and she would like that in return.† She stated she had horses running through the fences at 11:00 at night, and this cannot happen again.† She noted there is vacant land and residential, but there is a ton of agriculture, and the agriculture is what she is worried about.†
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:05 p.m., this same date.