BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
August 13, 2019
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, August 13, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerks Chariti Colón and Terri Porter
Pastor Ron Williams, Palmetto
Avenue Baptist Church,
Sanford, gave the Invocation. Commissioner Zembower led the Pledge of Allegiance.
The Business Spotlight video for Pet Suites was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2019-1548
A video highlighting Colonel Kittinger’s military contributions and achievements was presented.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt a Proclamation recognizing Colonel Joseph W. Kittinger II, United States Air Force, Retired, as Seminole County’s August 2019 Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Agenda Item #2 – 2019-1511
Chairman Carey advised the request to adopt a Resolution recognizing David W. O'Brien, Resource Manager, for his service to Seminole County Government has been continued to the next meeting.
With regard to public participation, no one in the audience spoke in support or opposition to the Consent Agenda, and public input was closed.
Commissioner Dallari requested Item #15, 2017 School Shelter Retrofit Program Grant Agreement; Item #16, 2018 School Shelter Retrofit Program Grant Agreement; and Item #28, Ranking List for PS-2468-19, be pulled for a separate discussion.
Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to authorize and approve the following:
County Manager’s Office
Office of Emergency Management
3. Approve and authorize the Chairman to execute the Memorandum of Understanding with Harvest Time International, Inc., for use of facility during times of disaster. (2019-1549)
4. Approve and authorize the Chairman to execute the Memorandum of Understanding with Second Harvest Food Bank, Inc., for food services at emergency sites during disasters. (2019-1550)
5. Approve the employee benefit plan renewals with Health Equity, Lincoln Financial, Standard Insurance (L. B. Byran & Co.), Reliance Standard Life Insurance Company, ComPsych, Allstate, Aetna, Florida Blue/Teladoc, Florida Blue & Prime Therapeutics; authorize the County Manager to execute the renewal agreements; and approve the County Regular and Wellness premium rates for Plan Year 2020. (2019-1546)
6. Approve and authorize the Chairman to execute The Low Income Weatherization Assistance Incentive Agreement which allows Seminole County to receive rebates from Duke Energy for making energy efficiency improvements for low-income homeowners in the Duke Energy Service Area. (2019-1544)
7. Approve the issuance of a Notice of Determination that the unoccupied structure located at 125 Leon Street, Altamonte Springs, is a Public Nuisance; and authorize the Building Official to: (a) serve Notice of this determination, pursuant to Sections 168.5 and 168.6 Seminole County Code; and (b) set a date for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code, based on the Building Official's certified findings. (2019-1445)
Planning and Development Division
8. Approve the plat for the Poppys Dike Road Acres subdivision containing three (3) lots on 3.39 acres zoned R-1AAA, Single-Family Dwelling, located on the north side of Dike Road, approximately 750 feet east of Tuskawilla Road; John Giuliani, Applicant. (2019-1527)
Greenways and Natural Lands
9. Approve and authorize the Chairman to extend the “Notice of Termination” date to a date certain of January 15, 2020, and continue with the current caretaker agreement in effect until that date. (2019-1537)
10. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $65,000 between property owner, Sun Rail Village, LLC, and Seminole County for property necessary for the construction and maintenance of a sidewalk along a portion of Airport Boulevard at State Road 46. (2019-1521)
11. Approve and authorize the Chairman to execute a Purchase Agreement in the amount of $180,000 between property owners, Philip S. Nestor and Darriah G. Nestor, and Seminole County for approximately 0.55 acres of property necessary for the construction and maintenance of Fire Station #39 on 1st Street, just east of Orange Boulevard. (2019-1541)
12. Approve and authorize the Chairman to execute the First Renewal of Florida Auto Auction Properties, LLC, d/b/a Orlando Longwood Auto Auction Lease. (2019-1482)
13. Approve and authorize the Chairman to execute the First Amendment to Reflections of Hidden Lake Environmental Services Department Lease. (2019-1502)
14. Approve and authorize the Chairman to execute Modification #1 to Subgrant Agreement with State of Florida, Division of Emergency Management, for the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) for Mullet Lake Park Drainage Project, to extend the term of the agreement to May 31, 2020. (2019-1522)
15. Pulled for a separate discussion.
16. Pulled for a separate discussion.
17. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-128 implementing Budget Amendment Request (BAR) #19-083 through the 2001 Infrastructure Sales Tax Fund in the amount of $2,876,192, to reduce funding for projects that are complete or phases of projects that are complete, to reserves. (2019-1530)
18. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-129 implementing Budget Amendment Request (BAR) #19-084 through the 2014 Infrastructure Sales Tax Fund in the amount of $3,710,056, to reduce funding for projects that are complete, to reserves. (2019-1531)
19. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-130 implementing Budget Amendment Request (BAR) #19-086 in the amount of $400,000 through the Property and Liability Fund reserves to provide additional funding for Property and Liability claims. (2019-1533)
20. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-131 implementing Budget Amendment Request (BAR) #19-089, through Mosquito Control Grant Fund in acceptance of a purchase order allocation from the Florida Department of Health, to provide domestic mosquito control for Zika Virus in the amount of $93,000 effective through June 30, 2020. (2019-1525)
21. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-132 implementing Budget Amendment Request (BAR) #19-090 through General Fund Reserves in the amount of $14,894 for the increase in payment to the State of Florida for Medicaid services effective July 1, 2019. (2019-1528)
22. Approve and authorize the Chairman to execute a Grant Agreement with State of Florida, Division of Emergency Management, for the Emergency Management Performance Grant (EMPG) annual agreement in the amount of $116,015 for Emergency Operations; and execute appropriate Resolution #2019-R-133 implementing Budget Amendment Request (BAR) #19-092 through the Disaster Preparedness Fund in the amount of $4,115 in additional funding added to the approved budget amount of $111,900. (2019-1536)
23. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-134 implementing Budget Amendment Request (BAR) #19-093 through the Home Grant Fund in the amount of $3,510 for appropriation of program income through grant assistance payoff. (2019-1526)
24. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-135 implementing Budget Amendment Request (BAR) #19-094 through the Court Support Technology Fee (Art V) Fund to reallocate $61,260 of operating budget for the procurement of a Hybrid Flash Storage Array and associated components. (2019-1534)
25. Approve and authorize the Chairman to execute the Wekiva Green - Churchill Drive Road Improvement MSBU Satisfaction of Lien documentation for Parcel 06-21-29-521-0000-0140 for which the associated capital non-ad valorem assessment has been paid in full. (2019-1454)
Purchasing & Contracts Division
26. Rescind the award of SS-603531-19/ESN, Purchase of Phenix TL-2 Leather Fire Helmets, with Anclote Fire & Safety Products, Palm Harbor; authorize the purchase through Hydro-Stat, Inc., Deerfield Beach; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an as-needed basis. (2019-1532)
27. Award RFP-603440-19/TLR, Term Contract for Staffing Services and Contract Services for Information Services, to A.B. Closing d/b/a Kavaliro, Orlando; RADgov, Inc., Ft. Lauderdale; SDTR Consulting, LLC, Lake Mary; SGS Technologie, LLC, Jacksonville; Tec-Link, LLC, Tampa; and Visium Resources, Inc., Maitland; and authorize the Purchasing and Contracts Division to execute the agreements. (2019-1529)
28. Pulled for a separate discussion.
29. Award IFB-603507-19/BJC, Stormwater Culvert Closed-Circuit Television (CCTV) Video Inspection Services, to Atlantic Pipe Services, Inc., Sanford, and Hinterland Group, Inc., Cocoa; and authorize the Purchasing and Contracts Division to issue Purchase Orders on an as-needed basis. (2019-1501)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #15 (2019-1523) and Item #16 (2019-1524)
Modifications to Division of Emergency Management Grant
Agreement for 2017 and 2018 School Shelter Retrofit Program
Commissioner Dallari stated he has no issues with these items, but he would like a status update on having trained medical staff at the shelters during hurricanes because he is aware the University of Central Florida College of Medicine is training their medical students to staff shelters during emergency situations. Alan Harris, Office of Emergency Management Director, addressed the Board and explained since the State of Florida has decreased the number of medical staff in the Department of Health on a county basis across the state over the last ten years, the County has been trying to fill that gap with MOUs with home health care agencies; but they have not met the standards. Over the last eight years, they have been trying to launch a program with the University of Central Florida College of Medicine to have trained medical students work inside the special needs emergency shelters, and this year was the first year UCF said they would do that. Mr. Harris explained there is some funding that goes along with that, and Dr. Husty, Medical Director, has been paying it out of his own pocket. Commissioner Dallari stated he will be bringing this up during budget session, but he wanted to make sure the Board is informed.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute Modification #4 to State Grant Agreement with State of Florida, Division of Emergency Management, for the 2017 School Shelter Retrofit program, to extend the term of the agreement to December 31, 2019. (2019-1523)
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute Modification #1 to State Grant Agreement with State of Florida, Division of Emergency Management, for the 2018 School Shelter Retrofit program to increase the funding by an additional $815,000 for a total of $1,805,000; and to execute appropriate Resolution #2019-R-127 implementing the Budget Amendment Request (BAR) #19-091 through the Public Safety Grant (State) Funds in the amount of $815,000. (2019-1524)
Upon inquiry of Commissioner Lockhart, Mr. Harris stated the annual cost for the UCF students is about $10,000. Upon inquiry of Chairman Carey, Mr. Harris explained the qualifications of school nurses and health department nurses do not meet the clinical requirements needed to staff special needs shelters. The Chairman inquired if residents were able to register their special needs with the County. Mr. Harris responded they are and that is a function of the Office of Emergency Management and required by Florida statute. There are currently over 1,400 residents registered with the special needs program and well-check program. Staff goes to each of those individuals annually to update their information. The Chairman inquired how many special needs residents sheltered during the last hurricane, and Mr. Harris responded there were approximately 950 with approximately 12 nurses.
Commissioner Lockhart stated Seminole State has a bachelor's in nursing program and suggested they be contacted. Mr. Harris explained he and Dr. Husty have approached Seminole State and they are not currently willing to participate. Commissioner Lockhart noted many of the students from the Health Academy at Seminole High School continue their education at Advent Health College and they might be another entity to reach out to, and Mr. Harris responded he will contact them.
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #28 - 2019-1535
Approve ranking list for PS-2468-19
Commissioner Dallari stated instead of approving the top two companies as requested by staff, he would like to approve the top three companies: GAI Consultants, Inc.; S&ME, Inc.; and CPH, Inc. No objections were voiced.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve ranking list; authorize staff to negotiate rates in accordance with Florida Statute Section 287.055, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing and Contracts Division to execute three (3) Master Service Agreements (MSAs) for PS-2468-19/TAD, MSA for Landscape Architect Services.
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s Consent Agenda Item #30
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve Expenditure Approval Lists dated June 17 and July 8, 15, 22, and 29, 2019; and Payroll Approval List dated, July 11, 2019. (2019-1545)
Districts 1, 2, 3, 4, and 5 voted AYE.
Clerk & Comptroller’s “Received and Filed” Documents
1. Recapitulation Report from the Seminole County Tax Collector identifying errors, insolvencies, double-assessments, and discounts applicable to the 2018 Tax Roll.
2. Memorandum dated July 8, 2019 from Bryant Applegate, County Attorney, to Terri Porter, Commission Records, advising the transcript from the June 11, 2019 BCC Closed Session regarding River Cross Land Company, LLC v. Seminole County has been received by his office and will be released after the conclusion of the litigation.
3. Public Officers’ Oaths for various boards and committees signed by J. Hattaway, R. Wolframe, J.M. Bass, J. Hames, J. Wines, M. Wesson, M. Chan, M. Fratrick, T. Greene, K. Fogle, R. Turnage, S. Smith, K. Kilger, and E. Schuckman.
4. Maintenance Bond #CMS335513 (Streets, Curbs, Storm Drains) and Increase Penalty Rider for the project known as Legacy Estates f/k/a East Lake Estates in the amount of $66,703.21; Pulte Home Company, LLC.
5. Recording of Plats, Title Opinion Letter, and Performance Bond #SUR0048102 (Roads, Drainage, Water, Sewer, Hardscape & Landscape) for the project known as Hideaway Cove at Oviedo-Phase 1 in the amount of $1,430,241.33; M/I Homes of Orlando, LLC.
6. Maintenance Bond #SUR0048105 (Private Road) for the project known as Hideaway Cove at Oviedo-Phase 1 in the amount of $267,292.33; M/I Homes of Orlando, LLC.
7. Performance Bond #SUR0048070 (Roads, Streets, Drainage) for the project known as Orange Creek in the amount of $712,639.81; M/I Homes of Orlando, LLC.
8. Florida Public Service Commission Consummating Order #PSC-2019-0274-CO-EI re: Request for AFUDC by Duke Energy, Docket #20190069-EI, Issued July 9, 2019.
9. Florida Public Service Commission Order #PSC-2019-0277-PAA-EQ re: Notice of proposed agency action approving Duke Energy’s petition to amend Schedule COG-2 and Interconnection Agreement, Docket #20190079-EQ, Issued July 15, 2019.
10. Florida Public Service Commission Consummating Order #PSC-2019-0288-CO-EI re: Petition for approval of Supplemental Power Services Pilot Program and Rider by FP&L Co., Docket #20190034-EI, Issued July 19, 2019.
11. Florida Public Service Commission Final Order #PSC-2019-0292-FOF-EI re: Approving Duke Energy’s petition for a second solar rate base adjustment, Docket #20190072-EI, Issued July 22, 2019.
12. Florida Public Service Commission Conference Agenda for Tuesday, August 6, 2019, 9:30 a.m., Betty Easley Conference Center.
13. Florida Public Service Commission Consummating Order #PSC-2019-0298-CO-EQ re: Petition for approval of renewable energy tariff and standard offer contract by FP&L, Docket #20190082-EQ, Issued July 26, 2019.
14. Developer’s Commitment Agreement #19-20500014, Brookmore Estates Phase III; Land Bankers, Inc.
15. Denial Development Order #19-30000044, 2736 Lake Howell Lane, Irwin and Patricia Weinstein.
16. Approval Development Orders #19-30000046, 1504 Oberlin Terrace, Sharon Taylor; #19-30000047, 1348 Tierra Circle, William and Quehuong Rudloff; #19-30000048, 3018 Dellcrest Place, Ann Olson; #19-30000049, 402 Cherokee Lane, Nelson and Laura Fernandez; #19-30000050, 219 Ringwood Drive, Jesse and Roxy Campos; #19-30000051, 242 Overlook Drive, Michael and Brianna Sanches; #19-30000053, 2402 Dakota Trail, Rena Tchekmeian and Rose Tchekmeian; #19-30000054, 617 Brookfield Loop, Jamie and Audrey Hacker; #19-30000056, 224 Meadow Beauty Terrace, Kevin and Rachael Lanigan; and #19-30000057, 1518 Katie Cove, Aric Vinacke.
17. Bill of Sale accepting water and sewer systems for the project known as Hideaway Cove-Phase 1.
18. Conditional Utility Agreement for water and wastewater services with Optigrate Corporation for the project known as IPG Oviedo Technical Center.
19. Tourist Tax Funding Agreement with Florida Half-Century Amateur Softball Association, Inc. for the July Senior Softball Tournament.
20. Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a USSSA Baseball for the Summer Slugfest.
21. Tourist Tax Funding Agreement with Prospect Wire, Inc. for the Florida State Championship.
22. Tourist Tax Funding Agreement with Suncoast Athletics Sports Group, Inc. for the Florida All-Star Games.
23. Tourist Tax Funding Agreement with Perfect Game Youth Florida, Inc. for the FTB Instructional Camp.
24. Work Order #4 to PS-0033-15 with Bentley Architects & Engineers, Inc.
25. Amendment #3 to Work Order #1 to PS-0201-15 with Environmental Research & Design, Inc.
26. Work Order #24 to RFP-0336-15 with Site Secure LLC, A Miller Electric Company.
27. Change Order #1 to Work Order #23 to CC-0559-15 with CFE Corp.
28. Closeout to Work Order #25 to CC-0559-15 with Southland Construction, Inc.
29. Work Orders #20 and #21 to RFP-1294-17 with M&J Enterprises International, Inc.
30. Amendment #1 to Work Order #15 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
31. Amendment #1 to Work Order #16 to PS-1320-17 with Southeastern Surveying and Mapping Corp.
32. Work Order #2 to PS-1405-17 with Johnson, Mirmiran & Thompson, Inc.
33. Work Order #8 to PS-1474-17 with S2L, Inc.
34. Work Order #12 to PS-1822-18 with Reiss Engineering, Inc.
35. First Amendment to PS-1920-18 with Consor Engineers, LLC.
36. Amendment #1 to Work Order #4 to PS-1998-18 with Environmental Consulting & Technology, Inc.
37. Work Orders #5 and #6 to PS-1998-18 with E. Sciences, Inc.
38. Amendment #1 to Work Order #6 to PS-1998-18 with E. Sciences, Inc.
39. CC-2352-19, Construction Services Agreement with COMANCO Construction Corp.
40. First Amendment to CC-2352-19 with COMANCO Construction Corp.
41. CC-2439-19, Construction Services Agreement with Convergint Technologies, LLC.
42. CC-2499-19, Construction Services Agreement with Mid-South Contractors, LLC.
43. Amendment #1 to M-2548-19 with Asphalt Paving Systems, Inc.
44. Amendment #4 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.
45. Work Order #2 to PS-9351-14 with CPH, Inc.
46. Fifteenth Amendment to RFP-600006-06 with Cato Environmental Services, Inc.
47. Seventh Amendment to IFb-601295-11 with Brightview Landscaping Services, Inc.
48. Second Amendment to M-602776-17 with Wekiva Outfitters, LLC.
49. Second Amendment to RFP-602846-17 with Cato Environmental Services, Inc.
50. Second Amendment to IFB-603311-18 with Convergint Technologies, LLC.
51. RFP-603460-19, Term Contract with Decon Environmental and Engineering, Inc.
52. RFP-603506-19, Term Contract with Synergy Recycling of Central Florida, LLC.
53. Bids as follows:
IFB-603522-19 from Paramount Power, Inc.;
CC-2499-19 from Mid-South Contractors; Dager Construction, Inc.; Linton Enterprises, Inc.; Blackstreet Enterprises, LLC d/b/a BSE Construction Group;
IFB-603527-19 from Pete’s Land Clearing, LLC; USA Services of Florida;
IFB-603515-19 from Schuller Contractors, Inc.; W.T. Comp, Inc.; All Terrain Tractor Service, Inc.; Central Florida Environmental Corp.;
RFP-603440-19 from Paloma Technologies, LLC; Techcore Management Solutions Services/ArchiTECH Solutions; SoftHQ, Inc.; A.B. Closing Corp. d/b/a Kavaliro; AUE Staffing, Inc.; Business Information Technology Solutions.com, Inc. d/b/a ABTSolutions; CORUS360; DatamanUSA, LLC; Diskriter, Inc.; DevCare Solutions; Elegant Enterprise-Wide Solutions, Inc.; Leneer Data Assurance Solutions; Neumeric Technologies Corp.; Paradigm IT Group, LLC; RADGOV, Inc.; SDTR Consulting, LLC; SGS Technologie, LLC; SVAM International, Inc.; vTech Solution, Inc.; Riptide Software, Inc.; System Soft Technologies, Inc.; Tec-Link, LLC; Visium Resources, Inc.;
BID-603544-19 from Playmore West, Inc.; PlayPower LT Farmington, Inc. c/o Playworx; PlayCore Wisconsin d/b/a GameTime; Top Line Recreation, Inc.; and
RFP-603506-19 from Synergy Recycling of Central Florida; Common Ground Environmental, Inc.
Sheriff’s Office Consent Agenda Item #31
Pulled from the agenda request to approve expending $50,000 from the Law Enforcement Trust Fund for the enhanced after-school program of the Boys and Girls Club located in Oviedo. (2019-1551)
Chairman Carey recessed the meeting at 10:14 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court Grant Maloy, and Deputy Clerk Chariti Colón who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication (received and filed) for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #32 – 2019-1566
2019 Non-Ad Valorem Assessment Roll
Kathy Moore, MSBU Program, addressed the Board to present the request as outlined in the agenda memorandum. She explained this hearing is for the purpose of giving the public opportunity for input prior to Board adoption. She advised staff recommends approval of the Resolution adopting the NAVA Roll with Certification (CD received and filed).
Commissioner Dallari requested that Ms. Moore display Exhibit A, the Non-Ad Valorem Assessment Roll MSBU Assessment Districts. Nicole Guillet, County Manager, noted for the record that the roll had been distributed to the Commissioners and the Clerk previously.
With regard to public participation, the following spoke for clarification purposes: Victoria Dachouk, 128 West 6th Street; Nancy Harmon, 752 Pioneer Way; Public Comment Forms received and filed. Written Comment Form in opposition from Victoria Perkins was received and filed.
Chairman Carey requested that Ms. Moore and Jean Jreij, Public Works Director, meet with Ms. Dachouk to answer her questions. Discussion ensued regarding garbage collection.
No one else in the audience spoke in support or opposition, and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute appropriate Resolution #2019-R-136 adopting the 2019 Non-Ad Valorem Assessment (NAVA) Roll with Certification provided to the Seminole County Tax Collector.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #33 – 2019-1504
Amendment to Consolidated Street Lighting District Ordinance
Ms. Moore reviewed the Municipal Services Benefit Unit (MSBU) information and the revisions being requested to the Ordinance as outlined in the agenda memorandum. She advised staff recommends approval of the amendment.
With regard to public participation, no one in the audience spoke in support or opposition, and public input was closed.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute Ordinance #2019-31, repealing and replacing the Consolidated Street Lighting District (CSLD) Ordinance #2017-29.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #34 – 2019-0019
Crestwood Estates LSFLU Map Amendment
and PD Rezone/Thomas Daly
Chairman Carey advised staff has requested that this item be pulled from the agenda because it was not advertised properly.
Danalee Petyk, Planning and Development Division, addressed the Board to advise this item will be placed on the August 27, 2019 BCC Agenda.
Pulled from the agenda request to consider adoption of a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 20-lot, single-family residential subdivision on approximately 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection; Thomas Daly, Applicant.
Item #35 – 2019-0028
Resort Lifestyles Living Facilities SSFLU
Map Amendment and PD Rezone/Robert Lewis
Ms. Petyk presented the request as outlined in the agenda memorandum. She advised the original intent of this property was to develop it with a retail commercial plaza. Only a small segment of the original development was completed and it is directly to the east of the subject property. She discussed buffers, parking, and building setbacks. The Planning and Zoning Commission recommended approval and staff recommends approval as well.
Charles Baverman, attorney with Dinsmore and Shohl in Cincinnati, addressed the Board to state that Cameron General Contractors for Resort Lifestyle communities has been in operation for nearly 30 years, and for about 20 of those years, they have been developing and operating senior independent living communities across the country. He mentioned buffering and showed a landscape plan (PowerPoint received and filed) for the community. He noted there is a dining hall, theatre, fitness center, beauty salon, convenience store and numerous spaces to convene for residents.
With regard to public participation, Douglas Massingill, 104 Overoaks Place, spoke for clarification in regard to a wall that was supposed to be built, garbage disposal and wildlife concerns. Speaker Request Form was received and filed.
Commissioner Zembower questioned whether the wall that Mr. Massingill referred to is a wall that would have been controlled by either the developer who built their community or by their HOA erecting a wall that was never completed. Mr. Massingill did not know for certain. He said they understood at the time when the land was developed, the developer was supposed to finish the wall. There is a wooden privacy fence that was erected by the developer because people complained it was wide open on that end. No one else in the audience spoke in support or opposition, and public input was closed.
Chairman Carey mentioned to Ms. Petyk that it sounds like Terra Bella was supposed to build a wall on three sides of their subdivision. Ms. Petyk stated she does not know nor does she know if there was an agreement between that property and the subject property. The Chairman noted it is not likely that there is an agreement, but if there was a requirement for Terra Bella to build a wall and they have not done that, she would be concerned about that because their bonds have been released already. It goes back to the inspection process to make sure that things in the development order have been done.
Chairman Carey indicated that this property is currently zoned Commercial and this could be a shopping center backing up to this residential area. She asked whether the Code requires a wall to be built for multifamily and single family. Ms. Petyk advised it does not; this area is part of the bear management program and the same rules set by that ordinance apply here.
Upon inquiry by Commissioner Lockhart, Ms. Hammock responded there are minimum code requirements for buffers, but with a PD, they can request reductions to a buffer requirement or request an alternative. In regard to the wall, a wall is an option if you want to reduce the normal buffer width and provide less landscaping or create the opacity that is required instead of using landscaping.
Chairman Carey asked that staff look in to the Terra Bella wall issue and report back to which Ms. Hammock said they would research it to see if it was a requirement as part of the subdivision.
Motion by Chairman Carey, seconded by Commissioner Zembower, to adopt Ordinance #2019-33 enacting a Small Scale Future Land Use Map Amendment from Commercial to Planned Development; adopt the associated Ordinance #2019-32 enacting a Rezone from C-1 (Retail Commercial) to PD (Planned Development); and approve the associated Development Order and Master Development Plan, for a 130-unit multifamily residential senior independent living facility on approximately 7.6 acres, located north of West SR 46, and east of Orange Boulevard; Robert Lewis Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Item #36 – 2019-0034
Heathrow International Business Center PD
Major Amendment and Rezone/JP Morgan Chase
Joy Giles, Planning and Zoning Division, addressed the Board to advise the Applicant has requested that the item be continued to the September 24th BCC meeting agenda.
Chairman Carey commented there has been some discussion among the Board members regarding when the request for continuances come in. This continuance did not come in 24 hours in advance as is required in the Code, and it did not come in mainly because staff was still gathering information and were getting back to the Applicant regarding potential mitigation ideas. The idea that somebody would cut down this many trees in a well-established neighborhood that was planted with larger trees and pay a $30,000 impact fee for two-inch trees was not, in her opinion, reasonable. There was conversation with staff to look at what it would cost to replant these trees somewhere else. It is great that they are willing to do solar, but they don’t really have an ordinance that speaks to this specifically. Also, there is the commercial Heathrow International Business HOA. She has provided that information to staff and asked them to reach out. They have not heard from anyone in the business community about this. So this is being continued so they can have further conversation about what is a reasonable mitigation fee for the removal of all those trees.
James Johnston, Shutts and Bowen on behalf of the applicant JP Morgan Chase, addressed the Board stating they are requesting the continuance to September 24th based on the issues that Chairman Carey mentioned.
Commissioner Lockhart stated she is conflicted and perplexed by the assumption on the part of JP Morgan Chase as a global corporation that removing 88 well-established trees from their property is a good tradeoff for whatever benefits the solar is going to provide. She asked staff for something from JP Morgan Chase that acknowledged that they specifically recognize and can defend that they believe that removing these 88 well-established trees is okay because the value of solar supersedes the value that the trees provide. She feels this is so out of character with the International Parkway corridor that it would be completely different from anything in that area, and she would expect that someone from the organization would have a pretty aggressive defense for this request. Mr. Johnston noted he would take that back to them.
Commissioner Constantine stated this is basically taking notes to take back to them so when they do come back to the Board, they can be addressed. He mentioned someone from Miami suggested they could use the stormwater ponds. He asked that they look at all the other possibilities and when they come back, explain why this is the only solution in their quest to go to solar.
Commissioner Zembower expressed he is concerned how this would affect the entire DRI (Development of Regional Impact) as a whole, and he is asking that the Developer reach out to the City of Lake Mary as well because this will transition right into their backyard. Chairman Carey mentioned there is an application that has just been made to the City of Lake Mary, who is the governing body for the second Chase building right next door. So there is one application into the County and one to the City, and she has asked staff to have a conversation with them to make sure they are all talking about this out loud and one entity doesn’t do one extreme and the other do another.
Commissioner Dallari stated he thinks using the ponds even though they belong to the master association is a good idea; other areas have done it. He would also like to make sure that when they put the panels up, they are not increasing the impervious areas, and he wants to make sure there is someone from the civil side looking at that. More importantly, he wants to make sure that if they are talking about solar, they would be assuming these panels are working for whatever time they are going to be operational. He asked what would happen if they decided at a later date that the solar cells will not be working and how long does it need to be off to determine that they are not operational. If they feel in the future it is not profitable or they want the area back, what happens then, or is this just a nexus to get covered parking.
Chairman Carey said one of the questions she had asked staff is has this been removed from the DRI process. There was a state legislation change that DRIs are no longer required. Heathrow was one of the first; it was 1,200 acres and it grew from there. Her concern about the mitigation of these trees that were planted in the medians and along International Parkway were not two- or three-inch trees. The developer spent additional money to plant larger trees so you didn’t have to wait quite so long to have a mature canopy of trees. There is an opportunity to take the replacement cost of 88 trees and for them to pay into the mitigation for those to be replanted either along the Heathrow corridor or further north on the International Parkway in order to continue that same look and feel of the area. She understands they are keeping the islands and the understory trees.
From a staff perspective, the Chairman expressed they should be prepared in the future as to how they want to address this and have a code written for it.
Motion by Chairman Carey, seconded by Commissioner Dallari, to continue to August 27, 2019 at 1:30 p.m., or as soon thereafter as possible, the request for a Rezone from PD (Planned Development) to PD (Planned Development) on Tract B for a waiver from the parking area landscape requirements on approximately 12.76 acres, located on the north side of AAA Drive, one-fourth mile west of International Parkway; JP Morgan Chase, Applicant.
Districts 1, 2, 3, 4, and 5 voted AYE.
Under discussion, Commissioner Lockhart stated an artist’s rendering was provided to the City of Lake Mary. She would like the rendering to actually depict what the number of trees left standing would look like.
Chairman Carey added she had asked staff to provide a larger map of the area to show what is in the City of Lake Mary in that corridor versus what is in the county. She also asked the County Manager to confirm the action that was taken a number of years ago; they gave that section of International Parkway to Lake Mary, at least for maintenance at a minimum, and maybe in its entirety. She just would like to understand what happened because she thinks it is odd that it ended up at the north end of International Parkway and not annexing from the south end from Lake Mary Boulevard.
Commissioner Lockhart asked whether they have any type of policy related to solar as a utility. Her question is that if other companies decide they want to start generating power, regardless of whether it is solar or however they may be generating it and selling it, is the County going to be equipped. Are they looking at solar as just anybody can do it, or are they looking at them more as a utility because they are generating power and selling it back to the grid. Ms. Guillet responded she is not aware of any policies they have with respect to anybody generating power through solar, and she is not even sure if they would have the authority to regulate that. Commissioner Lockhart said they don’t have it as any kind of allowable use in any of their zoning, so from a zoning perspective, are they going to allow people to create a utility in any zoning or in an office environment. This is truly a planned development, office retail, commercial corridor. Ms. Guillet noted they do have policies related to infrastructure and utilities and where they can go depending upon the size and depending upon whether they are a regional facility or stand-alone facility.
Commissioner Constantine pointed out the Public Service Commission restricts a lot of the buybacks to the grid, unfortunately, so at this point, there is a lot of discussion about that. He agreed with Chairman Carey that they need to be prepared because there is not only a petition on a constitutional amendment about that coming up potentially, although certain people are trying to fight it right now, but also the PSC at some point is going to have to see the value of selling back electricity for the grid by an individual or corporation. Ms. Guillet suggested it might be a good question to ask the Applicant what their intentions are. Commissioner Lockhart mentioned they wrote in their white paper (received and filed) that was their intention. Mr. Johnston said he does not know, but he thinks the main purpose is to provide power for their building. Commissioner Lockhart asked that they clarify that and noted they have purchasing agreements in Texas right now. They want to execute wind and solar power purchase agreements in select markets to offset the firm’s traditional power consumption.
Ex parte communications from Commissioners Carey, Lockhart, Dallari and Constantine were received and filed.
Commissioner Dallari reported he has heard many wonderful comments from constituents about the Planning and Zoning Division, and he thanked everyone for their hard work and dedication.
Commissioner Constantine talked about the groundbreaking at Sabal Point and the improvements to be made to the entrance of Wekiva Springs, and he announced India’s Independence Day Festival at Cranes Roost Park.
Commissioner Constantine noted he has been elected as Second Vice President of FAC (Florida Association of Counties) and has had additional travel expenses. He is requesting reimbursement for that. Commissioner Dallari stated he has not used any of his allocation this year or last year and would not have an issue of allowing the other commissioners to use whatever funds that he has not used. Commissioner Zembower suggested having a future discussion on the Board’s travel expenses. Ms. Guillet said they will add the discussion to a future work session.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to authorize the other commissioners to use excess funds from his travel budget when their allotted amount of funds for travel-related expenses has been exhausted.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Lockhart announced they will be visiting Public Works and Environmental Services. She also gave a shout out for the ratings phone conversations they had with S&P and Moody’s. She noted Dr. Terry McCue, the new Environmental Services Director, did an excellent job in representing their utilities and the work they are doing and that everyone was incredibly professional.
Commissioner Zembower announced the Lake Harney Basin Study is ongoing. They recently met with the St. John’s water management group (SJRWMD) and the Army Corp. of Engineers staff at the county to bring all the key players together. After that, they will be meeting with the community. He thanked Commissioner Dallari for getting the ball rolling initially.
Commissioner Zembower suggested he thinks they should be looking at a deep drill down of the Land Development Code to prepare for the future, future technologies like solar and 5G. Chairman Carey requested that the Board members each pick their top five issues in connection with the LDC and they can then rank them. Ms. Guillet noted the Development Services Director is already working on some of the easier fixes that they talked about at the work session. Commissioner Lockhart noted they had a methodical planned out review which took a year at the School Board and is in support of doing the same at the county. Commissioners Zembower and Dallari concurred. Commissioner Zembower added he is okay with bringing in additional staff if necessary.
Commissioner Zembower stated he would like the Board to consider having a work session about rental registry and inviting the experts who know about this. Chairman Carey explained she would not support that because they have had a public hearing on it and it was a 3-1 vote to not move that forward. There was a lot of public testimony and a lot of people took time out of their day to come and speak in opposition to that. She opined if it becomes a problem in the community in the future, they can look at it then. Commissioner Dallari noted he didn’t have enough information about the short-term rentals and thinks if they bring in experts to understand all the issues, he would be in support of it. Commissioner Constantine agreed and believes it will be a long-term problem that they should look at today. Discussion ensued and the consensus of the Board was to add it to the end of the current list of work sessions.
Chairman Carey reported the Orlando Sanford International Airport launched a 56-passenger coach bus service, the Attraction Express, that is direct from the airport to three hotel partners at Universal Resorts.
The Central Florida Expressway Authority recently won the International Bridge, Tunnel and Turnpike Association 2019 Toll Excellence Award.
Chairman Carey noted she received a four-page letter from Officer George Hachigian, a police officer in North Palm Beach, Florida, commending Seminole County Sheriff, Dennis Lemma, and some of his officers, and she read an excerpt from that correspondence (received and filed).
Chairman Carey thanked staff, their lead underwriters and financial advisors who were at their two credit reporting presentations to S&P and Moody’s.
Chairman Carey recognized the Natural Lands and Parks Department because they have received reaccreditation in 2019, making them one of 168 agencies nationally.
The Seminole County Purchasing and Contracts Division received the 2019 Achievement of Excellence in Procurement award. Chairman Carey noted only 42 counties in the United States and Canada receive this award.
Chairman Carey announced that the Animal Services Division is holding an extravaganza for National Clear-the-Shelter Day in Seminole County.
COMMUNICATIONS AND/OR REPORTS
FROM THE CHAIRMAN’S OFFICE
The following Communications and/or Reports were received and filed:
1. COPY of letter dated July 23, 2019, from Chairman Carey to Phil Kaprow RE: appointment to serve as Chairman for the 2020 Decennial Census, Seminole County Complete Count Committee. BCC: Nicole Guillet; Joe Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock; Mary Moskowitz; Tony Matthews.
2. COPY of letter dated July 23, 2019, from Chairman Carey to Steve Nelson RE: appointment to serve as Vice Chair of the 2020 Decennial Census, Seminole County Complete Count Committee. BCC: Nicole Guillet; Joe Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock; Mary Moskowitz; Tony Matthews.
3. COPY of letter dated July 23, 2019, from Chairman Carey to John Horvath RE: appointment to serve as Vice Chair of the 2020 Decennial Census, Seminole County Complete Count Committee. BCc: Nicole Guillet; Joe Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock; Mary Moskowitz; Tony Matthews.
4. COPY of letter dated July 23, 2019, from Chairman Carey to Complete County Committee Members RE: kickoff meeting notification. BCC: Nicole Guillet; Joe Abel; Tricia Johnson; Meloney Lung; Rebecca Hammock; Mary Moskowitz; Tony Matthews.
5. COPY of letter and attachments dated July 24, 2019, to Chairman Carey from Patrick “Rick” Sacbibit, Branch Chief, Engineering Services Branch, Federal Emergency Management Agency (FEMA) RE: Case #19-04-2971R Conditional Letter of Map Revision. C: Frank Consoli, Seminole County; Cliff Torres, Pulte Home Company; Chadwyck Moorhead, Madden, Moorhead & Stokes.
6. Letter and attachments dated July 25, 2019, to Chairman Carey from the Federal Aviation Administration (FAA) RE: South-Central Florida Metroplex Notice of Preparation of Environmental Assessment.
ITEMS FOR FUTURE AGENDA
Mark Cliburn, 2471 Paddock Way, addressed the Board to play a recording of dogs barking constantly at a nearby home where there is no noise ordinance because they are zoned agricultural. He spoke about this at the June 25th meeting. The problem has been going on for years. Commissioner Zembower confirmed Mr. Cliburn has had the Sheriff’s Office, Code Enforcement, Animal Control, and the Health Department out to the property. The County Attorney and Director of Development Services gave an update on their efforts in this regard. A brief discussion ensued. Commissioner Zembower talked about property owners that are using the agricultural zoning for other purposes, and stated if they need to get the Ag community, the Ag commissioner, or the Attorney General to weigh in on the statute, he thinks they ought to do that because it continues to be a problem. Chairman Carey noted they have an Agricultural Advisory Committee that they appoint from the Ag community and this might be a good topic for them to take up.
Jim Peterson, Longwood, addressed the Board to request a vote on the decriminalization of cannabis. He displayed photos of a police officer searching him and a poster of “18 U.S. Code § 1951-Interference with commerce by threats or violence” (received and filed).
Chairman Carey reminded they have a Closed Session scheduled to discuss the Collective Bargaining Agreement for Fire.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:56 p.m., this same date.