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.
Present:
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
Absent:
Commissioner Robert Dallari (District 1)
Reverend John Pierce, Ethnos 360, Sanford,
gave the invocation. Commissioner
Constantine led the Pledge of Allegiance.
BUSINESS SPOTLIGHT
The
Business Spotlight video for Pioneer Technology Group/Pioneer Records
Management was presented.
COUNTY MANAGER’S 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
Manager’s Office
Human
Resources
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)
Community Services
Community Development
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)
Development Services
Building Division
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)
Environmental Services
Business Office
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)
Leisure Services
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)
Resource
Management
Budget
Division
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)
Risk
Management
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 Workers’ Compensation Fund Reserves to provide additional funding
for Workers’ Compensation claims. (2017-0227)
Districts 2, 3, 4 and 5 voted AYE.
County
Attorney’s 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 OFFICER’S 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.
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The Board noted, for
information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Seminole County Port Authority (SCOPA) FY
2017/18 Budget.
2. Florida Public Service Commission Consummating
Order #PSC-2017-0265-CO-EI approving Duke Energy’s 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 Company’s
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 50’s Senior Softball
Tournament and 2017 July 60’s 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.
REGULAR AGENDA
Item #19 – 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 County’s 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.
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Item
#20 – 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 Hooper,
Purchasing & Contracts _%_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 the 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_!ª1_taff has to study some of the merits of it. Mr. 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.
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 “children
equipment,” and in-house delivery of Fleet Management and Maintenance Services
for all other BCC program fleet and equipment.
Mr. Hooper stated staff initiated the first RFP in
March and it was basically
an RFP of the existing status
quo _#h1_which included all of the three
cat_#o1_egories of
the white fleet, the public safety vehicles and the small _#u1_equipment.
It did not allow
to _#1_see pricing on any of those categories
because there's _#‹1_a belief that the
econ_#‘1__#’1__#“1_omies of scale of
providing one fleet manager over the entire fleet would
be _#¥1_a savings, plus staff
was still thinking
that status quo was 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.
Mr. Hooper stated they
did get one proposal for the small equipment.
The pricing is included in the agenda item and it’s 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 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 delivery
protocols.
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 County’s
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.
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 “run to failure”
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
during the budget process, they talked a little bit about _(.1__(/1_their fleet. She
opined regardless of how
they maintain _(=1_it,
they need to right size it and restructure their
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
availability of qualified staff and discussed the shortage
of _(2_mechanics
in _(¢2__#_Central Florida. She
stated she wants to make sure
that whatever 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 dealerships
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 depending _)z1_on what
it is that they need.
She suggested as staff looks at either
hir_)‰4_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
they end up buying
a different type of fleet
inventory, the parts they have on the shelf may not even
be appropriate parts.
Commissioner Carey stated she does not have an issue
with the recommend_)Ò1_ation of
staff and trying that,
but she wants everybody to
understand that they may run into some of the same issues that others 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_outsource
those vehicles to various facilities
to make sure that they
can keep them maintained
and timely. She
opined the mobile unit is a great idea regardless of who is doing that and that
driving heavy equipment to
a location to have windshield wipers
changed, or lights,
or whatever the case may be is not
a _*f1_good practice.
She reiterated they
have to incorporate
best practices _*v2_regardless of who is managing _*~1_the
contract. Commissioner Carey explained one of the problems with Serco, Inc. is being able to get
available staff. The
County asked them to have
28 _*Ÿ1_people
and now they are proposing 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 _*µ3_availability out there.
Chairman Horan discussed the uniqueness of
the County's fleet. He
stated he likes this option as a first step.
_%_He pointed out there are some things not covered
in this including how they acquire
vehicles; the
way _+T1_they
re_+V1_place aging
fleet with regard to
whether they go out
and _+b1_do closed-end leases,
open-end leases, or single-payment
leases; and how they
acquire equipment and
vehicles in the future
with regard to the
SOPs (standard operating procedures). Chairman
Horan stated the County has been dealing with this since he came into office_+Ž2__+3__+“1__+”1__+•1__+–1__%__+—1__+˜1__+™1__+š1__+›1__+œ1__+3__+ 1__+¡1__+¢1__+£1__+¤1__+¥1__+¦1_
in regard to the terms of the maintenance especially since
the_+¯2_ economic
down_+³1_turn
because they were
just trying to cut costs
at _+Ì1_that
particular time.
He expressed he likes the
recommendation of staff and thinks it
will enable the County
to _+ä1_make better
cycling decisions_+ë1_. It will _+í1_also put
them in
a better position _+ô1_to go
to the next level in
terms of Fleet Management
with telematics and being _,-1_able to
digitally 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_thinks they have
other things that they
need to do with Fleet
as _,p1_they go down
the road that deal with more than just maintenance.
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 “children equipment” 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.
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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.
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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.
PUBLIC HEARINGS
MARAVE ESTATES REZONE/David Erdman
Agenda Item #21 – 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 – 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.
DISTRICT REPORTS
District 5
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.
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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.
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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.
District 1
In Commissioner Dallari’s 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 O’Hanlon, elector at large, to
the 2017/18 Charter Review Commission.
Districts 2, 3, 4 and 5 voted AYE.
District 3
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.
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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.
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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.
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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 “reasonable and not unfairly discriminatory,” he doesn’t understand
how anyone could even suggest that that is not unfairly discriminatory.
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Upcoming events were listed by Commissioner
Constantine including the Wekiva Basin Commission meeting on August 11th
and the Central Florida Zoo’s “Black Tie on The Wild Side” on August 12th
at the Westin.
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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 Bates’ 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.
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Motion
by Commissioner Constantine, seconded by Commissioner Carey, to appoint Robert
O’Malley, 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.
DISTRICT 4
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.
CHAIRMAN’S REPORT
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.
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Chairman Horan stated he attended the grand
opening of Seacoast Bank’s 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.
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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.
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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.
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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.
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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 ATTORNEY’S 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
Manager’s Office on scheduling their first meeting.
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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
doesn’t 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 “no external sound
amplification.”
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. Bristol’s
contact information so he can advise regarding this.
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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.
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There being no further business to come before the Board, the Chairman
declared the meeting adjourned at 2:05 p.m., this same date.
ATTEST:______________________Clerk_____________________Chairman
ks/tp