BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
October 9, 2018
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, October 9, 2018, 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 Lee Constantine (District 3)
Commissioner Robert Dallari (District 1)
Commissioner Brenda Carey (District 5)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
Deputy County Attorney Lynn Porter-Carlton
Deputy Clerk Terri Porter
Pastor Greg Rice, New Covenant Assembly of God, Casselberry, gave the Invocation. Commissioner Carey led the Pledge of Allegiance.
The Business Spotlight video for Avocet was presented.
Commissioner Constantine mentioned he was excited to see that Via Airlines of Maitland is now going to fly to Tallahassee and back out of the Sanford Airport starting in December.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-0994
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt a Proclamation recognizing Corporal Walter (Wally) Nelson, as the October 2018 Veteran of the Month.
Districts 1, 2, 3 and 5 voted AYE.
Corporal Wally Nelson addressed the Board to express his appreciation.
Agenda Item #2 – 2018-1005
Motion by Commissioner Constantine, seconded by Commissioner Carey, to adopt a Proclamation declaring October 1 through 13, 2018, as Fire Prevention Week in Seminole County.
Districts 1, 2, 3 and 5 voted AYE.
Chief Mark Oakes, Fire Chief, addressed the Board to express his appreciation. He noted they have a great relationship with the American Red Cross providing free smoke detectors. He introduced José Bueno and Kathy Hunt with the American Red Cross. Mr. Bueno addressed the Board and stated that nationally, this program has documented that 471 lives have been saved. These are people that came forward and advised they were saved because an alarm had been installed in their home. Commissioner Carey talked about going out into a community on a Saturday morning to knock on doors and ask people if they can install smoke detectors. Also, many homes have old smoke alarms or the batteries have not been replaced. She thanked the American Red Cross for working with their Fire Department and stated it is a great project and a great partnership. Commissioner Dallari expressed there are many volunteers that get involved, and when they are in the homes for the installations, they also look at other issues that come to light that the American Red Cross is involved in. He thanked them for their commitment to Central Florida and all of the United States. A video was then shown about Fire Prevention Week.
Agenda Item #3 – 2018-1006
Motion by Commissioner Dallari, seconded by Commissioner Carey, to adopt a Proclamation declaring October 7 through 13, 2018, as National 4-H Week in Seminole County.
Districts 1, 2, 3 and 5 voted AYE.
Karen Henry, Youth Development Agent, addressed the Board to express her appreciation. Commissioner Dallari announced that Barbara Hughes will be retiring at the first of the year and he wished her well. Ms. Hughes addressed the Board to thank the Commission. She stated they have been a great support for 4-H, for their youth development, and the 4-H Tropicana Public Speaking Program.
Agenda Item #3A – 2018-1026
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt a Proclamation declaring October 17 as Holler-Classic Family of Dealerships Day in Seminole County.
Districts 1, 2, 3, and 5 voted AYE.
Commissioner Carey advised that she will present the Proclamation to the Holler Family on October 17 at their corporate headquarters during their 80th anniversary celebration.
Dr. Phillips Center for the Performing Arts
Agenda Item #4 – 2018-1004
Kathy Ramsberger, President of the Dr. Phillips Center for the Performing Arts, addressed the Board and stated she believes the first time she presented to the Commission was in 2004. Construction was started in 2011 and prior to that, she came and gave updates of what the project dreamt to be. Now it is 2018 and they opened the first phase of the project in 2014. Back in the early years, the project was supposed to be built all at one time. They ended up having to do it in phases because the economy impacted the Tourist Development Tax in Orange County. So they opened two-thirds of the building and now are in the process of completing the project. She explained she wanted to give this update to show what the impact of the Dr. Phillips Center is in Central Florida and then how Seminole County has been involved with the project. Ms. Ramsberger displayed and reviewed her PowerPoint presentation (received and filed).
Commissioner Carey noted the presentation package says that out of their 31 major donors from Seminole County, they have donated $2.28 million, so there is obviously great support coming from Seminole County not just in ticket sales and membership but also through the philanthropic process. She said they are fortunate to have a beautiful performing arts center in the community.
Commissioner Dallari questioned whether they have reached out to the Seminole Arts Council. Ms. Ramsberger responded she needs to touch base to see if they have. When they were in the development they did; they did a lot of listening and engaging before they actually opened. Commissioner Dallari added that Wayne Densch Performing Arts Center in Sanford is another big organization. Ms. Ramsberger advised the groups they are working with the most are the groups that perform within the Center.
Commissioner Dallari asked how they could help get the word out. Ms. Ramsberger stated there are only 35 of these in the world and they can make a meaningful difference in their communities. They can do that by having the annual support and the engagement, especially for the outreach to any type of student. They have 3-month-olds that are participating in programs that they fund and they have a 104-year-old and many seniors that participate in these programs. She opined the school programs are important. They actually started and launched something called “Sixth and Jazz.” For every sixth-grader in Orange County and Osceola County, they do a curriculum in the school for them and they actually come to the Arts Center to experience the importance and relevance of jazz. This particular one had an impact to the Civil Rights Movement and how music really engaged in their culture. So their goal is to get every sixth-grader in Seminole County to the Dr. Phillips Center, and then beyond that so as they raise money, the more they can get engaged. She mentioned to let her know if they know of any companies that would like to help support them, and stated they also have corporate citizenship programs.
Commissioner Dallari wondered how Osceola County is involved and asked whether Seminole should be doing the same. Ms. Ramsberger replied there is a cost to the program but through their philanthropy, they are funding most of it. The counties are providing the busing and that is the number one thing they need. It costs about $100,000 to $150,000 for the program itself, so as they are raising money, they are stepping into the outreach program. She expressed they need to meet again and just get it going.
Chairman Horan thanked Ms. Ramsberger and congratulated her on their success. He noted he is a season ticket holder of the Broadway series and it is a wonderful hospitality experience anytime you go to the Dr. Phillips Center. He talked about the Celery Soup group performing there and what a thrill it was for them to perform in a venue of that high quality. Ms. Ramsberger stated they will invite them to come and see the Disney musicals so they can see Forest Lake School perform, and they will also invite them to the Applause Awards. She noted there are very few of these centers that will ever be built again; they are very difficult to build. And once they are built, they are there for hundreds of years. She said it is fascinating to see a construction tour of Steinmetz Hall. It is a three-year construction project and now is the time to come and see it.
Chairman Horan suggested that Ms. Ramsberger identify those that have been major donors in Seminole County to the extent that they are not anonymous so the Board can formally thank them. He thought that each Commissioner could send their own letters, and Commissioner Dallari said he thinks that it is a great idea. The Chairman asked that she provide the language they could use about what is happening with students performing at the Center. He believes that will not only inspire them to continue giving but also get others that they know who are similarly situated to get involved in the organization. He opined Dr. Phillips Center is great for the region and really puts them on the map in terms of one of the great quality-of-life places in the world.
Commissioner Carey stated she used to work for a company that specialized in building performing arts centers, and professionals in the construction industry come from all over the country for a project like this because it makes a big difference with the acoustics and all of the important factors that you don’t think about in a typical construction project. She was always amazed at the number of specialized experts from around the country that were needed for this type of project. They are housed in the hotels and eat in the restaurants. She remarked if they have not done the construction tour, they should definitely go and take it because it is something special to see. Chairman Horan congratulated Ms. Ramsberger and opined it is great for the community. Commissioner Carey stated congratulations also to their board who have poured their hearts into it. She mentioned Jim and Alexis Pugh have been tireless in their efforts. Ms. Ramsberger noted that Mr. Pugh has been a volunteer since 2003, and he has given them between 10 and 20 hours per week since then. The Commissioners expressed their appreciation to Ms. Ramsberger.
COUNTY MANAGER’S CONSENT AGENDA
Commissioner Dallari stated he received a phone call this morning about Item #28, Slavia Road PD Major Amendment and Rezone, saying they will be asking for a continuance. Chairman Horan confirmed that is the “Racetrac” item.
Commissioner Carey stated Item #19 is the mobile concession for the parks. The request is for the Board to approve an Italian ice-type product with no share to the County. She knows that margins can be small and according to staff, they have a hard time getting vendors who are interested in being at the parks, but she thinks there are a lot of vendors who might be interested. She would like to pull the item for separate discussion.
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to authorize and approve the following:
County Manager’s Office
5. Approve and authorize the Chairman to execute a pledge Gift Commitment to the Foundation for Seminole State College of Florida, Inc., in the amount of $150,000 for services provided through the Seminole State College Small Business Development Center located at the Port of Sanford. (2018-0996)
6. Approve and authorize the Chairman to execute the Aspire Health Partners, Inc. Transportation Agreement in the amount of $25,000 to help transport uninsured Seminole County residents for mental health services. (2018-0946)
7. Approve and authorize the Chairman to execute the Medical System of Care Agreement with the Local Health Council of East Central Florida, Inc. d/b/a Health Council of East Central Florida in the amount of $120,000 which provides outpatient medical health treatment services to uninsured and underinsured residents of Seminole County for either free or at a reduced-cost basis. (2018-0948)
Community Assistance Division
8. Approve and authorize the Chairman to appoint Jimmie Diller for a vacant board position on the Committee on Aging in accordance with the guidelines established by Administrative Code Section 4.6. (2018-0957)
Community Development Division
9. Approve and accept the Neighborhood Stabilization Program Snapshot/Report, pursuant to Seminole County Resolution #2013-R-61, and the HOME Program Activity Report, pursuant to Seminole County Resolution #2015-R-51 for the month of August, 2018. (2018-1008)
Planning & Development Division
10. Approve the plat for the Meadows at Hawks Crest (Phase 2) subdivision containing 129 lots on 22.54 acres zoned PD (Planned Development), located approximately one-quarter mile north of Howell Branch Road and approximately one-half mile east of Lake Ann Lane; Nicolas Gluckman, Applicant. (2018-0970)
11. Approve the plat for the Water’s Edge at Hawk’s Crest subdivision containing 151 lots on 139.81 acres zoned PD (San Pedro Planned Development), located on the north side of Howell Branch Road and Eastbrook Boulevard; Alex Madison, Meritage Homes, Applicant. (2018-1001)
12. Adopt and authorize the Chairman to execute appropriate Resolution #2018-R-133 vacating and abandoning an Exclusive Access Easement to the benefit of Seminole County, as recorded in the Public Records of Seminole County, Official Records Book 1317, pages 1092 through 1093, for property more particularly known as 345 State Road 436; Kody Still, Applicant. (2018-0969)
13. Approve and authorize the Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning Organization) Fiscal Year 2018/2019 Funding Agreement in the amount of $176,218. (2018-0812)
Budget & Fiscal Management
14. Approve and authorize the Chairman to execute a Federally Funded Subaward and Grant Agreement with the State of Florida, Division of Emergency Management, in acceptance of $64,169 for the WebEOC software project; and to adopt and authorize the Chairman to execute appropriate Resolution #2018-R-130 implementing the Budget Amendment Request (BAR) #19-001 through the Public Safety Grant Fund in the amount of $64,169 to establish funding. (2018-0988)
15. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-131 implementing Budget Amendment Request (BAR) #19-002 through the General Fund and Fire Fund Reserves to appropriate $8,200,000 for the Portable Radio Replacement Project. (2018-1009)
16. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-132 implementing Budget Amendment Request (BAR) #19-004 through the General Fund for the purchase of capital equipment (scoreboard damaged by lightning at softball complex)in the amount of $10,887. (2018-0999)
Purchasing & Contracts Division
17. Approve Amendment #1 to Work Order #41 (SR 46 Utility Relocations - Wekiva Parkway Section 7B) under PS-8186-13/DRR, Continuing Engineering Services for Utility Improvement Projects, with CPH, Inc., of Sanford, in the amount of $34,433.64; and authorize the Purchasing & Contracts Division to execute the Work Order Amendment. (2018-0963)
18. Approve Work Order #29 (Remedial Action Plan Implementation Oversight) under PS-9738-14/JVP, MSA for General Environmental Consultant Services, to E Sciences, Inc. in the amount of $129,899.27; and authorize the Purchasing & Contracts Division to execute the Work Order. (2018-0989)
19. Pulled for separate discussion by Commissioner Carey.
20. Approve the ranking list, authorize staff to negotiate rates in accordance with Section 287.055, Florida Statutes, the Consultants Competitive Negotiation Act (CCNA); and authorize the Purchasing & Contracts Division to execute three (3) Master Services Agreements (MSAs) for PS-1998-18/RTB Master Services Agreement for General Environmental Services. Estimated Annual Usage of $475,000. (2018-0984)
21. Award RFP-603236-18/TLR, Term Contract for Pest Control Services, to Apex Pest Control, Inc., Orlando, in the estimated annual amount of $35,472.00; and authorize the Purchasing & Contracts Division to execute the Agreement. (2018-0968)
22. Approve settlement of two open Workers’ Compensation claims by a former Firefighter related to a 2012 presumptive heart disease claim (Claim #542339) and a 2018 PTSD claim (Claim #823297) for the total amount of $80,000, inclusive of attorney’s fees. (2018-0983)
Districts 1, 2, 3, and 5 voted AYE.
Consent Agenda Item #19 – 2018-0951
In regard to the request to award RFQ-603240-18/TLR, Mobile Concessions Services Agreement, to Iliana Palmer d/b/a I. D-Vine Scoops, Casselberry, Chairman Horan stated he had asked staff about it. He added this is a concession which is on an as-needed basis; if they have an event where they think Italian ice would be wanted, they are on call.
Ray Hooper, Purchasing & Contracts Manager, addressed the Board and stated these concessions are mostly “Mom and Pop’s.” They don’t have storefronts and it is very hard for them to make money on a perishable item, especially with the flexible schedules that the County requires for the various events. They are self-contained and very seldom does the County provide them with any utilities. They expect them to show up on time and provide a good service at a reasonable price. If they can achieve that and they get customer satisfaction, that is the objective of it. He noted they have an advertised RFP out on the street that is continuous. Sometimes these vendors need help from Purchasing to even put the proposal together, and they work with them and explain the terms and conditions of the contracts. They do require licenses and certain standards in the contract, and they do background checks and things of that sort.
Chairman Horan wondered if the vendors with storefronts like the Jeremiahs and Dairy Queens of the world are not responding to the RFP. Mr. Hooper explained if they cannot guarantee a clientele and guarantee them a certain amount of business, they are not willing to take the risk. Ms. Guillet noted this is really something they do as a service to the patrons that come to their facilities for events, and it is not intended to be a revenue generator for the County. So in order to get vendors to come, they have to offer favorable terms.
Commissioner Carey stated she does not think that the larger storefront-type vendors really monitor the County’s website for RFPs, and they probably do not even know that the County has opportunities for vendors on site. She also thinks they have to do better outreach. She added this is not like it is on-call; they have events every weekend and pretty much every day at many of their facilities, so she thinks the outreach is the important part. She pointed out the practice of the Parks and Recreation Department has been to do an 80/20 provision. She said she thinks that gets more people that really want to be in business rather than somebody that may want to try to do it as a hobby, and she thinks sometimes they run into issues like that.
Chairman Horan asked Commissioner Carey for her suggestion in terms of outreach. Commissioner Carey then asked how many letters have been sent to Jeremiah’s or Dairy Queen asking if they have a mobile unit and whether they would like to participate in the parks projects. Mr. Hooper replied they have not sent letters but they have stopped by and they have been to many vendor shows. They see catering companies and go out of their way to try to recruit these catering companies, but again the conversation comes to a screeching halt when they cannot promise them a certain number of people. If a vendor is going to prep food at a certain location and carry this food in hot boxes, for example, to a venue, they want to know how many filet sandwiches they have to prepare and how many customers will be there. Mr. Hooper added they cannot guarantee them a certain number of clientele so their risk is extremely high. He noted they recruited a hot dog vendor who is currently providing services for the jury pool on Mondays in front of the Courthouse. Mr. Hooper indicated he is working with him to try to expand his business so that he can provide an additional day, Wednesday, at the Courthouse, and then he is going to get him to work in the parks. He explained it is a process and it is coaching these small companies that want to do this. He mentioned the hot dog vendor sells two hot dogs, a bag a chips, and a can of soda for $5.00, and to ask him to provide 10% or 20% after he pays taxes would cause him to have to increase the price of his goods and services, which alleviates the benefits to the people that patronize these companies.
Chairman Horan commented that they cannot provide the kind of volume they would need. He asked the Clerk how it is working. Clerk Maloy stated Mr. Hooper has done a great job getting some vendors out there, but it is a gamble because, for example, one day they released all the jurors before lunch. He said he felt so bad because they all went home and the vendor was out there with all these hot dogs. It is a real gamble and it was very hard to get somebody out there.
Commissioner Dallari questioned whether they can terminate the contract for no-cause at any time. Mr. Hooper answered they can and noted the vendor is usually the one that will terminate it because they are not making any money. The Commissioner said then there is no harm in approving this and asking staff to make a conscious effort to look at other avenues and venues. Commissioner Carey opined she just wanted to talk about it because they do want to provide options to people in the parks, but when they started the vendor conversation about inviting vendors to the parks, the Director stated he wanted to do it on an 80/20 percentage and most of their contracts have been that way. If they are going to offer the service for free, she certainly thinks that they ought to make sure that everybody who potentially could be a vendor would have the opportunity. Ms. Guillet stated they do have arrangements at their larger facilities like the Sports Complex and Soldiers Creek where there is a split of the profits, because there is a great attendance and a greater opportunity for profit. Mr. Hooper added that they are contracted out and they provide a facility for them, so obviously they need to share in the profits. Chairman Horan expressed this is a market-driven problem and not a communication issue.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to award RFQ-603240-18/TLR, Mobile Concessions Services Agreement, to Iliana Palmer d/b/a I. D-Vine Scoops, Casselberry; and authorize the Purchasing & Contracts Division to execute the Agreement.
Districts 1, 2, 3, and 5 voted AYE.
County Attorney’s Office
Motion by Commissioner Constantine, seconded by Commissioner Carey, to approve the following:
23. Adopt and authorize the Chairman to execute appropriate Resolution #2018-R-134 approving, solely for the limited purposes of Section 147(f) of the Internal Revenue Code, the issuance by the Capital Trust Agency of its senior living revenue bonds (Grand Villa Portfolio Project), Series 2018, for the purpose of financing the senior living facilities herein described, one of which is located in the County; and providing an effective date. (2018-0995)
24. Approve and authorize the Chairman to execute a Voluntary Collection Agreement for Seminole County, Florida Tourist Development Tax by and among Airbnb, Inc., Joel M. Greenberg, Seminole County Tax Collector, and Seminole County, Florida. (2018-1007)
Districts 1, 2, 3, and 5 voted AYE.
CONSTITUTIONAL OFFICER’S CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve the following:
25. Approve Expenditure Approval Lists dated September 10 and 17, 2018 and Payroll Approval List dated September 6, 2018. (2018-0992)
Districts 1, 2, 3, and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Florida Public Service Commission Order #PSC-2018-0367-TRF-EI approving limited proceeding to include in base rates the revenue requirement for the Citrus combined cycle project; Duke Energy Florida, LLC; Docket #20180084-EI, Issued July 25, 2018.
2. Florida Public Service Commission Order #PSC-2018-0372-TRF-EI approving petition to modify general rules and regulations governing electric service, billing, residential and non-residential budget billing; Duke Energy Florida, LLC; Docket #20180123-EI, Issued July 30, 2018.
3. Florida Public Service Commission Consummating Order #PSC-2018-0409-CO-EI petition for limited proceeding for approval to include in base rates the revenue requirement for the Citrus combined cycle project; Duke Energy Florida, LLC; Docket #20180084-EI, Issued August 20, 2018.
4. Florida Public Service Commission Consummating Order #PSC-2018-0425-CO-EI petition for approval of modifications to Section No. IV, general rules and regulations governing electric service, Part VIII billing, residential and non-residential budget billing; Duke Energy Florida, LLC; Docket #20180123-EI, Issued August 24, 2018.
5. Florida Public Service Commission Order #PSC-2018-0435-TRF-EI granting Duke Energy Florida, LLC’s petition for approval of a smart meter opt-out tariff; Duke Energy Florida, LLC; Docket #20180088-EI, Issued August 28, 2018.
6. Conditional Utility Agreement for water, wastewater, or reclaimed water services with Central Parc at Howell Branch, LLC for the project known as Central Parc at Howell Branch.
7. Maintenance Bond #1068968 (Streets, Curbs, Storm Drains) in the amount of $56,901.85 and Rider (correcting the bond number from #1068967 to #1068968) for the project known as Griffin Farm at Midtown.
8. Maintenance Bond #CMS0330172 (Streets, Curbs, Storm Drains) in the amount of $37,129.86; Maintenance Bond #CMS0330166 (Private Road) in the amount of $78,799.09; and Performance Bond #CMS0330168 (Roads, Streets, Drainage) in the amount of $408,428.46 for the project known as Parkdale Place.
9. Performance Bond #SU1151356 (Roads, Streets, Drainage) in the amount of $599,787.72, Plat Recording Information Receipt, and Title Opinion for the project known as Whitetail Run.
10. Parks Contracts for Services with Bobby Duncan and Mark Brotman.
11. Tourist Tax Funding Agreement with Prospect Wire, Inc. for the Fall Classic.
12. Development Order #18-27500028 for Alcoholic Beverage License, Blue Marlin Seafood Restaurant and Oyster Bar; Behrooz Gabrany.
13. Development Order #18-27500029 for Alcoholic Beverage License, Grato Italian Grill & Pizzeria; Pamela Diiorio.
14. Development Order #18-27500030 for Alcoholic Beverage License, Tandoori Bowl, LLC; Haritha Sabbineni.
15. Approval Development Orders #18-30000061, 4482 Weeping Willow Circle, Carmelo Diaz; #18-30000062, 3891 Aldergate Place, Karen Sigman and Michael Wilson; #18-30000063, 2200 Cove Court, Brian and Sara Resshke; and #18-30000064, 3500 Seaford Lane, Hugh Harris.
16. Denial Development Order #18-32000005, Galileo Gifted School, Ann Flavin.
17. Amendment #1 to Work Order #11 to RFP-0532-15 with Connect Consulting, Inc.
18. Work Order #22 to CC-0559-15 with Southland Construction, Inc.
19. Change Order #2 to Work Order #2 to RFP-1294-17 with Pat Lynch Construction.
20. Work Order #4 to PS-1522-17 with Tierra, Inc.
21. Work Order #3 to PS-1529-17 with Albeck Gerken, Inc.
22. Work Order #1 to PS-1822-18 with Reiss Engineering, Inc.
23. Project Agreement PS-1920-18 with Infrastructure Engineers, LLC; as approved by the BCC on August 14, 2018.
24. Construction Services Agreement CC-1968-18 with TDH Construction, Inc.
25. Construction Services Agreement CC-2019-18 with Glen Holt Aluminum, LLC.
26. Amendment #1 to Work Order #15 to PS-2051-07 with Environmental Research & Design, Inc.
27. Amendment #4 to Work Order #62 to PS-4388-09 with Reynolds Smith & Hills, Inc.
28. Fourteenth Amendment to RFP-600006-06 with CATO Environmental Services, Inc.
29. Second Amendment to IFB-601758-13 with Central Florida Environmental Corporation (Secondary Contractor).
30. Assignment of Term Contract M-602686-16 with Robert Deck, Inc. f/d/b/a Labor Finders.
31. Amendment #1 to RFP-602875-17 with Paymentus Corporation.
32. First Amendment to RFP-603046-18 with Charles Aquatics, Inc.
33. Term Contract IFB-603221-18 with Butler Animal Health Supply, LLC d/b/a Henry Schein Animal Health.
34. Amendment #1 to Work Order #4 to PS-9464-14 with GAI Consultants, Inc.
Chairman Horan again announced that the Applicant has requested a continuance of Item #28.
Chairman Horan recessed the meeting at 10:50 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials with the exception of Deputy Clerk Terri Porter, who was replaced by Deputy Clerk Kyla Farrell, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Constantine, seconded by Commissioner Carey, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3 and 5 voted AYE.
Commissioners Dallari, Carey and Constantine submitted their ex parte communications (received and filed).
CELERY AVENUE RIGHT-OF-WAY-VACATE/
Archie and Debbie Smith
Agenda Item #26 – 2018-0572
Continuation of a public hearing from March 27, April 10, May 22, June 12, June 26, and August 14, 2018, to consider a request to approve a Resolution vacating and abandoning a remnant piece of the public right-of-way known as Celery Avenue, as recorded in Road Plat Book 1, page 47, in the Public Records of Seminole County, Florida, for property located at the intersection of Celery Avenue and East SR 415, Sanford, as described in the proof of publication; Archie and Debbie Smith.
Molly Wolk, Court Reporter with Phipps Reporting, was present.
Angi Kealhofer, Planning & Development Divsion, addressed the Board and presented the item as outlined in the Agenda Memorandum. Ms. Kealhofer stated easements are necessary to complete the vacation because there are County drainage facilities that are being vacated. The Applicants are supplying easements which will be conveyed to the County. Staff recommends adoption of the Resolution.
J. Christy Wilson, III, 601 Fern Creek Avenue, addressed the Board on behalf of the Applicants. He advised they concur with staff’s presentation and he would be happy to answer any questions the Board may have.
With regard to public participation, no one else in the audience spoke in support or in opposition to Item #26 and public input was closed.
Public Comment Form was received and filed.
Commissioner Carey stated this item has been continued a number of times and the reason for those continuances was to confirm that the County won’t need any portion of it including the corner where it comes together with the right-of-way at Celery Avenue for the County’s future trail. Staff spent extra time looking at that and talking to the consultant firm that is working on the trail to make sure the County has the correct easements and those types of things.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2018-R-135 vacating and abandoning a remnant piece of the public right-of-way known as Celery Avenue, as recorded in Road Plat Book 1, page 47, in the Public Records of Seminole County, Florida, for property located at the intersection of Celery Avenue and East SR 415, Sanford, as described in the proof of publication; Archie and Debbie Smith, Applicants.
Under discussion, Chairman Horan stated he knows they retain certain easements, and he asked if those are drainage easements. Commissioner Carey answered yes.
Districts 1, 2, 3 and 5 voted AYE.
GATEWAY AT ST. JOHNS LSLUA AND PD REZONE/
Agenda Item #27 – 2018-0036
Proof of publication calling for a public hearing to consider transmittal of a proposed Ordinance enacting a Large Scale Future Land Use Map Amendment (LSFULA) from Planned Development, Industrial, and Suburban Estates to Planned Development; and the associated Ordinance enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development) for a sixty-five (65) lot single-family residential subdivision on 14.48 acres, located on the north side of Orange Boulevard, one-half mile west of Monroe Road, Daniel Kaiser, received and filed.
Joy Giles, Planning & Development Division, addressed the Board and presented the item as outlined in the Agenda Memorandum. Ms. Giles pointed out the site will access from Missouri Avenue, and the developer will be required to improve the road to County standards for width, pavement, and sidewalk. Access is not proposed from Orange Boulevard; however the developer will be dedicating right-of-way to the County for road improvements including a northbound turn lane on Orange Boulevard and a westbound turn lane on Missouri Avenue. Ms. Giles advised the Applicant proposes a 10-foot-wide landscape buffer on the south and east perimeter and a 15-foot buffer on the west and north perimeter. Buffer components include a six-foot-high masonry wall along Missouri Avenue and Orange Boulevard and a six-foot-high vinyl fence along the north and east perimeters. Ms. Giles stated utilities will be provided by Seminole County and the internal road will be privately owned and maintained by the HOA. She indicated staff finds the request to be compatible with the surrounding trend of development and recommends transmittal.
Ms. Giles advised there were some minor changes to the Development Order which was distributed this morning. Those changes were highlighted in yellow and include, as stated in her presentation, the masonry wall requirement as well as the road improvement requirement. Two letters of opposition were distributed as well (included in Agenda Backup).
Charlie Madden with Madden, Moorhead and Stokes addressed the Board and noted he is representing M/I Homes, the contract purchaser of the property. Mr. Madden presented a conceptual site plan (received and filed). He pointed out the recently approved Tesoro Townhomes; FLU - MDR to the west across Orange, and FLU - SE zoning to the north, which is where they placed the pond to buffer the larger lots. He opined it would have been reasonable to request the same approvals that Tesoro got, which was 10 units per acre. This proposal is at 4.4 units an acre, and M/I decided they wanted to do a detached product so it is down to 65 units. Mr. Madden thinks most of the neighbors are pleased. He advised this project’s entrance will line up with Tesoro’s entrance on Missouri, and the County did look at what roadway improvements would make the Missouri/Orange intersection function properly. Between Tesoro and the proposed project, Tesoro will do an eastbound left-turn lane and the developer for the proposed project will be doing a westbound right-deceleration lane and they will have three lanes coming out of Missouri (a dedicated right, a dedicated left, and an “in” lane.) Mr. Madden concluded his presentation by stating he would be glad to answer any questions the Board may have.
Commissioner Carey confirmed with Mr. Madden that the Applicant agrees to the suggested revisions on Items K and L of the Development Order. Mr. Madden clarified it sounded like the north buffer was 15 feet but it is actually 10 feet.
Bruce Anderson, 1730 Perch Lane, addressed the Board and stated originally his neighborhood did not support the project; but after seeing how involved County staff was in regard to the traffic study on Orange and Missouri, he is in support of the project.
With regard to public participation, no one else in the audience spoke in support or in opposition to Item #27 and public input was closed.
Public Comment Form for Mr. Anderson was received and filed.
Motion by Commissioner Carey, seconded by Commissioner Dallari, to transmit the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Planned Development, Industrial, and Suburban Estates to Planned Development to State and regional review agencies; and transmit the associated Ordinance enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development); and transmit the associated Development Order that was circulated before the meeting and Master Plan for 14.48 acres, located on the north side of Orange Boulevard, one-half mile west of Monroe Road, as described in the proof of publication; Daniel Kaiser, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
SLAVIA ROAD PD MAJOR AMENDMENT & REZONE/
Agenda Item #28 – 2018-0026
Proof of publication calling for a public hearing to consider an Ordinance enacting a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development), on 4.7 acres, for a convenience store with gas pumps, located at the corner of Red Bug Lake Road and Slavia Road, Brian Thornton, received and filed.
Ms. Giles advised staff received a request from the Applicant to continue the item to the December 11, 2018, BCC meeting agenda.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to continue to December 11, 2018, at 1:30 p.m., or as soon thereafter as possible, the request to consider an Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development); and the associated Development Order and Master Development Plan on 4.7 acres, located at the corner of Red Bug Lake Road and Slavia Road, as described in the proof of publication; Brian Thornton, Applicant.
Katrina Shadix, 1421 Bringham Loop, addressed the Board and advised she does not have any comment regarding a continuance but does want to speak in opposition to the project. She asked if she should speak now or wait to speak at the December 11 meeting. Chairman Horan advised the appropriate time would be at the December 11 meeting when the item is heard.
With regard to public participation, no one else in the audience spoke in regard to the continuance of Item #28 and public input was closed.
Public Comment Form was received and filed.
Districts 1, 2, 3 and 5 voted AYE.
THE GODDARD SCHOOL REZONE/
Agenda Item #29 – 2018-0037
Proof of publication calling for a public hearing to consider an Ordinance enacting a Rezone from A-1 (Agriculture) to OP (Office) for a preschool on approximately 1.79 acres, located on the east side of S. Henderson Lane, south of W. SR 46, Priya Abraham, received and filed.
Ms. Giles presented the item as outlined in the Agenda Memorandum. She noted both the Planning & Zoning Commission and staff recommend approval.
John Herbert, American Civil Engineering Company, addressed the Board and noted he is here today with Erin Witt from Goddard Systems to give the Board a brief overview of the Goddard School. Ms. Witt addressed the Board and stated Goddard has been in operation for 30 years and they will open their 500th school later this year. The childcare center serves children six weeks to six years of age, which is a national standard for childcare facilities. They have a learn-through-play based curriculum and require on-site owners at all of their locations. They provide daily operational guidance for the franchisees by way of a franchise business consultant as well as educational support specialists. She discussed the security at Goddard School buildings, teacher-to-student ratios, and peak business hours. All of their buildings are fully sprinkled and the hours are generally 7:00 a.m. to 6:00 p.m.
Commissioner Carey confirmed with Ms. Witt that they take infants as early as six weeks. Commissioner Dallari asked how many locations Goddard has locally. Ms. Witt wasn’t sure of the exact number but named several Florida locations including some in Seminole County.
With regard to public participation, no one in the audience spoke in support or in opposition to Item #29 and public input was closed.
Motion by Commissioner Carey, seconded by Commissioner Constantine, to adopt Ordinance #2018-31 enacting a Rezone from A-1 (Agriculture) to OP (Office); and approve the associated Development Order for a preschool on approximately 1.79 acres, located on the east side of S. Henderson Lane, south of W. SR 46, as described in the proof of publication; Priya Abraham, Applicant.
Districts 1, 2, 3 and 5 voted AYE.
PARKSIDE PLACE LSLUA AND REZONE (FKA REAGAN CENTER)/
Jon Walls, NAI Realvest
Agenda Item #30 – 2018-0040
Proof of publication calling for a public hearing to consider transmittal of a proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Planned Development to Planned Development; and the associated Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development) for a mixed-use development on approximately 110 acres, located on the north and south sides of Ronald Reagan Blvd., and east of County Home Road and U.S. Hwy. 17-92, Jon Walls, NAI Realvest, received and filed.
Danalee Petyk, Planning & Development Division, addressed the Board and presented the item as outlined in the Agenda Memorandum. She stated County staff met with the City of Lake Mary and the City of Sanford who expressed concerns with the traffic impacts onto U.S. Hwy. 17-92 and the neighboring cities. The Applicant proposes to develop Parkside Place with a mix of transit options such as bike share, car share, a Lynx bus stop, and a shuttle service to the nearby SunRail station to support less surface parking and to decrease the overall traffic impacts the project will generate. County staff will further require a full traffic impact analysis and a parking study prior to each phase’s construction and County staff will continue intergovernmental coordination with City staff.
Ms. Petyk advised the project will provide effective buffers along all four perimeters and will provide 30% open space and appropriate setbacks from the surrounding properties and increased setbacks from Ronald Reagan Boulevard. She explained the proposed Parkside Place PD is part of a larger trend of creating walkable, city-like places in suburban areas where people desire a more compact, dense, and walkable environment. The higher density proposed with the Parkside Place PD supports this environment and encourages and supports transit in lieu of a car-dependent, typical suburban neighborhood. The location’s proximity to large employment centers between two large arterial roads makes it an ideal place to support this type of development with higher density and intensity.
Ms. Petyk stated staff finds the proposed development to be consistent with the Comprehensive Plan and the Land Development Code. The Planning & Zoning Commission met on October 3 and voted to recommend the BCC transmit the request. She advised staff recommends transmittal.
Hal Kantor with Lowndes, Drosdick, Doster, Kantor & Reed, 215 North Eola Avenue, addressed the Board and played two videos which discussed the popular trend of “instant towns” and the need for the old Flea World property to be redeveloped. Mr. Kantor stated this is an exciting and unique project. A true mixed-use project works because it has a dense urban base; and if you have a dense urban base, it powers the office, retail, amenities and recreational areas. Parkside is daring but logical; it is appropriate for the site. He advised they are using best practices in the design principles. Parkside Place is being developed by Palmeira Holdings whose team has over 300 years of worldwide real estate experience.
Mr. Kantor introduced Karim Ismail from Palmeira Holdings and stated Mr. Ismail has over 20 years’ experience conceptualizing, planning, and managing complex development projects throughout the world. He’s a guy that thinks of future trends, and that is what the Board needs to think of today. Karim Ismail, Co-CEO of Palmeira Holdings, addressed the Board and displayed a presentation entitled “Parkside Place One With Nature” (received and filed). He stated to be honest they were looking for a much smaller site for townhouse development. They spoke with the then owner Syd Levy about the site and Mr. Levy was adamant that he was not going to split up the site and had a vision of something significant developed on the site. So since he wouldn’t split it up, they could either walk or engage further. Mr. Ismail explained the site has a few challenges: there are 33 acres of conservation space on which they can’t build, it is a very large site, the County wanted a road, and there is completely insufficient density to make it commercially valuable.
Ms. Ismail advised he went back and worked with his team and an international master design firm. He expressed the location of the site is terrific in terms of location, but they had to ask how they could make it work; and from there evolved five principles. They want to extend the nature that’s already there and create more of a park-like setting and do whatever they can do to rehab the natural reserves. They want to create a new lifestyle; the ability to live, work, play and shop all in one location as opposed to what you often see in land use policies where people live, work, play and shop in different areas which is why there is so much traffic. Mr. Ismail stated they see it as an opportunity for a new destination so that they could have new programming for the community and the residents at Parkside Place, whether it’s outdoor movies or organic markets. They also want to ensure that the site would be authentically sustainable by being very careful of what they develop, the materials they use, the amount of light people get in the buildings, et cetera so that sustainability permeates everything they do. He advised they want to make sure that there is a health focus; wellness in terms of the restaurants and amenities that they have on the site. Those are the principles that have guided all of the planning, and it has been months of planning with staff.
Mr. Ismail stated they went through a very delicate balancing act. If they have less height and spread the buildings out, then they have to have less open space; so they have some height requirements that are more than the current approval. Parking requirements are excessive and that starts to have an impact on open space and the affordability of the units they create because parking costs and those costs have to be passed on. If they look at sustainability, even sustainability has an impact on height. In some of the commercial towers they have asked for a height increase because on one of the floors they could house equipment that grabs moisture from the atmosphere and converts it to pure drinking water, which requires a little more height. Ms. Ismail explained if they don’t have sufficient density, it is difficult to justify having an alternative to cars (like shuttles) because those alternatives need volume. They needed to make sure that the project in its entirety was commercially viable, so the program they have put together and the heights, densities, and open space all work together.
Mr. Ismail reviewed Variety of Housing Types and Mixed Uses: Maximums which include 4,076 multifamily units; 752 student housing units; 184 unit independent living facility; 312-bed assisted living facility; 1,390,000 square feet of office use; 340,000 square feet of retail use; and 250 hotel rooms. He stated without residential density, mixed-use projects fail miserably. Mr. Ismail displayed an early rendering of the project and noted they engaged HHCP Architects to look at what the maximum is that the site could take, and there were compromises in terms of the greenspace they could have. They revised the plan and cut the office space from 4 million to 1.4 million. He displayed and reviewed the Preliminary, Exploratory Concept slides and emphasized that they are early exploratory renderings to give people a feel of what could possibly be there. He pointed out retention ponds, amenities, greenspace, possible transportation areas, buildings, bike and walking trails, landscaping, and green roofs throughout the site.
Mr. Ismail explained if they get approval and get through the final Development Order, they will go through about 9 to 12 months of extensive planning based on the principles that he has already established. They have a fair amount of flexibility to plan things out, but that flexibility is not unlimited. He wants to make sure they respect the ambiance along Ronald Reagan. He displayed the last Preliminary, Exploratory Concept and pointed out the view, buffer, and wellness theme. Mr. Ismail reviewed Benefits of the Parkside Place Project. He stated there was a previous agreement for a shared cost with the County for Spine Road connecting Ronald Reagan and 17-92. The Applicant has assumed that as a private road and the full cost of that road.
Mr. Ismail displayed Key Thoughts and advised they anticipate the cost of the project to be about $2 billion. To make the project work, they need patient private equity. When you put in sustainable “stuff” it takes a while to get a payoff. When you do a project of this size, it is not something they can build in three years and sell in another two; it is long term. The kind of private equity that would fund it has a long-term perspective and is looking for steady yields over time. Mr. Ismail indicated they will use next year to do a lot of planning, but they foresee a shovel in the ground in 2020. All going well and no recessions, they see a completion date of around 2032 give or take. They were asked to evaluate the project against FLU 5.17 standards and they submitted that. He claimed they certainly meet or exceed all of the standards. Mr. Ismail stated they hope the end result is a world-class model project in the county that will get studied and repeated elsewhere for all of the benefits that it offers to the community.
Mr. Kantor stated the Board and staff had provided some very valuable input, so they modified the project and there are some modifications today. He reviewed Development Order Commitments which include affordable housing, a pedestrian bridge from the project to the other side of 17-92, fire safety improvements, and traffic and parking analysis studies prior to each phase. In regard to the pedestrian bridge, Commissioner Carey stated the modified language that staff presented states the developer will pay 50% of the total cost. She knows that in earlier discussions staff had said that the last time they built a pedestrian bridge it was about $4.5 million to $5 million. When she talked to Public Works Director Jean Jreij, his estimate was that the pedestrian bridge would be about $10 million to $12 million. She thinks the developer initially agreed to the commitment thinking it was $5 million. Commissioner Carey reiterated the modified language states the developer will pay 50% of the cost. If it is $12 million, obviously it is going to be more than the $5 million stated in Mr. Kantor’s presentation.
Mr. Kantor stated they agree with staff, but they don’t have the answers yet. He explained the Applicant has to come back and present to the Board a program that works for both the Applicant and the County. They can’t negotiate that today, so they do have a time period in which they can accomplish it. It is a risk of the Applicant, not of the County. Commissioner Carey stated as of right now what was originally published says that the cost of the pedestrian bridge, when and if warranted, will be at the developer’s expense in its entirety. The information presented by Mr. Kantor today states $5 million and Mr. Jreij estimates it may be as much as $10 million. Commissioner Carey advised she thought it was reasonable to revise the language to say the developer would have no less than 50% of the participation; but her question to the developer is if it’s 50% and that 50% happens to be north of $10 million, is that still something the developer is willing to do. Mr. Kantor answered yes and added they are willing to pay 50% and they recognize it could be more than $5 million.
Commissioner Dallari stated he would like to get some more information because he isn’t sure 50% is adequate. It’s the developer’s project, and they are creating the need to cross over the road. Mr. Kantor replied that need may only relate to the student housing and the County has a lot of employees that may end up living at Parkside Place. Commissioner Dallari reiterated it is the developer’s building, and they are creating the need.
Chairman Horan stated the problem he has with the bridge is the reason for the bridge is because the Applicant is anticipating student housing and anticipating that the entire project is going to have to move east and west since everything in that area moves north and south. They are anticipating that the traffic that moves east and west is going to be pedestrian traffic and they’ll be hitting the crosswalk button to cross 17-92 and slow down traffic. Chairman Horan opined people do not like to walk that far, so what will most likely happen is they will have internal transportation. He stated if they are going to build a bridge, build a bridge because vans and shuttles going across 17-92 will slow down traffic as well. He isn’t sure that they are talking about the need for a pedestrian bridge as much as how they will move traffic east and west that will be created by the fact that they will have housing on one side and the end user on the other. He suggested an actual bridge. Chairman Horan discussed a pedestrian bridge versus an actual bridge that carries vehicles.
Mr. Kantor stated during each phase the developer has to do a traffic impact analysis and that analysis will determine what is needed to handle the traffic; and if a bridge is needed because that’s what the traffic statistics show, then the developer is burdened with that bridge. Chairman Horan stated what they really need to have is useful transportation and movement from east and west across that corridor based upon the full development of the project, based upon the continued success and density that is going to be created by the government complex assuming they build it, and the continued success of Seminole State College. Mr. Kantor reminded they are building a road through the property for east and west transit. It goes from 17-92 directly to Ronald Reagan and Ronald Reagan is an east and west route.
Chairman Horan advised they shouldn’t be limited to thinking that they’re just going to need a pedestrian bridge in the future. Commissioner Carey responded they may not; the studies may warrant that in fact there doesn’t need to be a bridge if they have car sharing and some of the other ideas. It may not become an issue. Commissioner Carey stated the Development Order that was advertised says the developer will pay the cost of a pedestrian bridge. The language that was modified and distributed says that they would pay 50% of the cost of the pedestrian bridge. Whatever the traffic study says, it is going to be warranted at some point. She explained they are investing billions of dollars into a development to redevelop a property and they were willing to make a $5 million commitment to a pedestrian bridge; but then the County Engineer estimated the cost at $10 million or $12 million, and that’s not the number the Applicant was given in the discussion when they agreed to the Development Order.
Mr. Kantor stated at the time they came up with the number, they were told that it was a $4.5 million cost and the developer provided $5 million. Commissioner Carey pointed out that the Development Order doesn’t say $5 million; it says the developer will pay for the bridge if it’s ever warranted no matter how much it costs. She suggested it could say 50% or up to $5 million because the County has development that they are looking at occurring out there; and hopefully the County creates some height, density and jobs in that area that may warrant the bridge.
Mr. Kantor explained there will be four traffic impact analyses for each phase. They did a traffic analysis but it was a Comp Plan traffic analysis, not an operational traffic analysis. So when they do an operational traffic analysis, he doesn’t know what it will require. Mr. Kantor expressed the problem with the future is they don’t know what the answers are. He discussed the change in transportation, ride sharing, and how young people are not buying cars. In regard to fire safety, Mr. Kantor stated, again, they don’t have all the answers. They have been told that the County does need a ladder truck and a place to house it. He proposed the question how will that be paid for. Mr. Kantor explained he doesn’t know but they are going to come up with a plan that may include a Fire District, like an MSBU, and taxing for the equipment. They have to come back with the answers to all of these unknowns to satisfy the Board. He pointed out all of the Development Order commitments have to go before the Board and get approved prior to Phase 1 final engineering site plan approval, but his goal is to do it in the next few months.
Mr. Kantor reviewed Design and Ride Reduction Strategies. He stated somebody asked if they would sell out-parcels and his answer was it is not their intention to do that at all except with the ALCF, which is the piece on the far eastern part of the property that is half a mile away from the intersection. Mr. Kantor displayed and reviewed Extraordinary Benefits. He requested approval of transmittal of the item.
Chairman Horan pointed out on Mr. Kantor’s last slide it shows Property Tax Revenue at $29 million. The Chairman expressed the entire International Parkway Corridor generates about $10.5 million a year. Mr. Kantor explained all they did was take $2 billion and multiply it times the County’s tax rate. They didn’t take into consideration homestead because they don’t have that. Chairman Horan stated he spoke with the Property Appraiser and went through each constituent element and worked into the calculation the homestead on the residential units. They came up with somewhere in the neighborhood of about $24 million. Commissioner Carey pointed out there is no homestead in the project, so everything will pay taxes across the board; there won’t be any deductions at all. Chairman Horan stated whether they use an MSBU or some other kind of element, he presumes as they go vertical on the project, they will have discussions concerning those particular things. He expressed he is staggered by the economic impact of this particular project. There has never been a project like this or even close to it in Seminole County.
Chairman Horan stated he is also staggered by patient private equity. He explained they’re talking about $2 billion of a private equity investment, and they’re not accustomed to that in Central Florida. Mr. Kantor stated he has several clients who are foreign based, and it is very hard for him to represent those clients. His head is always with how the folks that they generally know do business. So when he’s dealing with people who have different expectations and look for stability in funding as opposed to American-based institutions, it is a totally different ballgame and gives him as an attorney a lot of leeway in doing things.
Chairman Horan recessed the meeting at 2:55 p.m.; reconvening at 3:00 p.m., with Deputy Clerk Kyla Farrell being replaced by Deputy Clerk Jane Spencer.
Mr. Kantor indicated that he was finished with his presentation and requested the Board's approval. He added that they are available to answer any questions. Commissioner Carey referred to Item T in the published Development Order and pointed out that Item T says that a multimodal study will be required prior to Phase I final engineering site plan approval to determine when and if a pedestrian overpass bridge will be required and the cost of the pedestrian bridge, when and if warranted, will be at the developer's expense. Commissioner Carey informed Mr. Kantor that that is what it says and asked if he is okay with that language. She noted that the anticipated amount was $5 million, and she is trying to clarify that before somebody says they are okay with some unlimited, open-ended number.
Mr. Kantor informed the Board that they hope and think there are other sources that will be available for funding so they wouldn't have to bear the whole share. They would like to look at that and make proposals. He added maybe there is funding from the DOT for pedestrian bridges. Commissioner Carey emphasized that she is just telling Mr. Kantor what the Development Order that is before the Board to be voted on today says. Ms. Guillet advised that this will come back to the Board a second time. Commissioner Carey pointed out that if this is approved with an unlimited amount on it and it comes back to the Board, it will come back to the Board exactly the same. She does not believe that was the intent when the discussion started with staff and this Applicant. She does not want to see everyone get way down the road and the Applicant has invested more money and then they are sitting here having a discussion that could blow up a development order.
Ms. Guillet suggested that if the Board is inclined to move the rest of it forward, the Board could move it forward with the condition that between now and the adoption hearing, staff will continue to work with the Applicant to craft the appropriate language. Mr. Kantor indicated that was fine but noted they would prefer it to be limited to 50 percent. He added they will work with the County. Commissioner Carey pointed out that the County Engineer provided some language that said 50 percent of the cost. Mr. Kantor indicated that is acceptable to the Applicant. Commissioner Carey advised she is not sure everybody has seen that or that everybody would be in agreement with that. Commissioner Dallari stated he has not seen that and does not know what the exposure is because he has only heard and read what is in the application. He is assuming the Applicant is taking the whole percentage; that is the pretense he came to this meeting with. He stated he has no problem exploring it from now until it comes back for final adoption; he thinks that is fair.
Chairman Horan stated that Mr. Kantor mentioned that “by that time there might be other vehicles" and talked about an MSBU and so forth. The Chairman asked Mr. Kantor if he envisioned the developer coming back at some point and asking the Board to form an MSBU or form some kind of special taxing district or something of that nature for either fire or transportation or something beyond the impact fees. Mr. Kantor responded possibly because that is something they want to look at. They have started pulling the statutes but they are not prepared to discuss it today. He advised that is one of the things they want to look at, an MSBU type of setup. Commissioner Carey asked whether that would be similar to a community taxing district like Disney did. Chairman Horan suggested it could be a CDD, and Mr. Kantor stated he had not thought of a CDD.
Rizwan Jessa, 164 Magnolia Park Trail, addressed the Board to speak in support. Mr. Jessa stated his office is right behind this plot and noted that it is currently an eyesore. He talked about how he has been following this project and how it will be a big boost to local industries, including his own. He supports the project and hopes it goes through.
Michael Chatham, 212 East Concord Street, addressed the Board to speak in support. Mr. Chatham stated he is with Helman, Hurley, Charvat, & Peacock Architects in Orlando and has had early involvement with the project. He talked about how it has been very refreshing to work on this project. He noted they had to sell him on trying to achieve this kind of density and had to make him a believer in the project. Throughout the entire process, they have had a great deal of concern for the neighboring properties and how this development would impact the neighbors, how it would work with the community, how it would interact with the environment, and how the traffic would impact the entire community. Mr. Chatham stated he has become a strong believer in this project and believes the goal of creating a community that is strong for both the residents and neighbors is a solid one. He discussed the idea of a sustainable community and explained that they have looked at ideas; such as, solar farming on top of the buildings, using the rooftops for urban farming, and creating more green space on top of these buildings. He believes there are a lot of very strong ideas in this project and he is very excited about them as a designer.
With regard to public participation, no one else in the audience spoke in support or in opposition to Item #30 and public input was closed.
Public Comment Forms were received and filed.
Chairman Horan stated this is a District 2 matter and reported that he has had a couple of ex parte communications; one with the Applicant's representative and the other one was a meeting with their attorney. He will make his decision based upon the relevant evidence that has been adduced at this hearing and is also in the record.
Commissioner Dallari stated he thinks this project is very exciting and thanked the Applicant for bringing it to the County. The Commissioner noted the Applicant is asking that the project be transmitted to Tallahassee and he personally does not see a reason why they shouldn't transmit it to Tallahassee. Commissioner Dallari explained that when it comes back, there are some things that he would like to have additional information on. He stated he would like to see information about the bridge and about the impact fees. He would also like to see some additional information on architectural standards to make sure they understand what these projects and buildings are going to look like. Regarding these buildings being up as high as they are, they have never done that in Seminole County and they need to be more diligent in trying to actually see how that is going to work.
Commissioner Dallari pointed out that in Mr. Kantor's presentation he talked about net zero. He stated that net zero has to do with free internet and Mr. Kantor may have been referring to net zero homes, which has to do with engineering and energy. He wants to make sure that the definitions are more defined so there is no grayness in the details. They talked about the parking. When Mr. Kantor talked about commuting to SunRail or LYNX, the Commissioner stated he would like to have more definition as to what that is and the frequency. Discussion ensued with regard to the deletion of the food truck. Commissioner Dallari advised when he looked at the information provided regarding the land use zoning area submittal, he noticed it is 800,000 square feet and when he talked about the utilities, he gets about 340,000 square feet; so there are some differences in the percentage of the areas. He would like that more defined. The Commissioner talked about the single-family homes that will be on Ronald Reagan and East County Home Road and the townhomes on Ronald Reagan and what their perspective will be of the buildings; he wants to see that a little more defined. Commissioner Dallari pointed out that in the overlay district they have for the CRA, the higher up the building went, the bigger the setbacks were. He remarked that this project is actually reducing the setbacks compared to the overlay districts. He would like to understand more how this live/work/play scenario is going to be working. The Commissioner reiterated that he has no problem submitting this to the State and believes there will be ample time to refine and work on the issues Mr. Kantor is hearing today.
Commissioner Constantine stated this project is very starry-eyed, future-looking, exciting stuff. He pointed out they have seen much of this many times over the years going back to the 80's. The Commissioner stated one can only hope that this has the staying power to actually achieve the goals and ambitions that are here. With regard to ex parte communication, Commissioner Constantine stated he met with the developer "way back when" and met with Mr. Kantor just recently. The Commissioner discussed his concerns with the ongoing affordable housing, the bridge, and the transit situation. They are talking about, at best, this being finished by 2032, which is 14 years in the future. He noted that he did not hear a word about schools and child care. He believes if they are going to have that type of density, they will really need to look at that. He understands the concept but is not sold on the parking. He, like the other Commissioners, is excited about the potential but also leery about what they really need to do to make this work. He is supportive of sending it on to the DEO but that only means that it will come back to this Board to make some determinations as they move forward to Phase I. He thinks there is a lot of discussion between now and then that still has to take place between the County and the Applicant.
Commissioner Carey discussed the 17-92 corridor and the master plan for the government's property across the street from this project, which they first started talking about in 2006. She noted that it is not easy to do a project of this magnitude anywhere. She stated she looks at the Development Order and the items that will be transmitted and sees what they negotiate today kind of as the ground rules about how they are going to work on it. The market will drive this; and as they go through and do a phase at a time, the market will really say how this is going to look when it is all said and done. How long it takes depends on the economy. When she looks at the Development Order, she does not want to be in a situation where they are back after it has been transmitted and the whole thing blows up because they did not talk about the details; such as, how it is going to transition to Ronald Reagan, how they are dealing with the transportation, what the super stop is, what really is being proposed, and at what point in the plan that happens. Commissioner Carey stated when she looks at this project she really sees all of Five Points, both sides of 17-92, really being an energy creating source for the community. By the County moving their operations to Five Points, that creates opportunity for the waterfront and for Sanford and a lot of other opportunities.
Commissioner Carey remarked that the County needs to think big too. With regard to having people in the vicinity talking about how they accommodate the fire needs and what kind of station is needed and how they would pay for it, she believes a project of this magnitude deserves everyone to think outside of the box. Because of that, she is happy to support the transmittal of this project with the revision to the Development Order that they have before them on Item T, that that will be worked out before it comes back for final approval. With regard to some of these other items they have heard about today, they may want to put something in just to clarify them as additions to the Development Order. Commissioner Dallari stated he loves the idea they want to go to net zero but wondered how they will police that in the D.O. He would like to see if the County Manager can do some research on that nationally to see how other groups of people have actually detailed that in the D.O. and actually enforced net zero energy consumption.
Chairman Horan stated he is thrilled about $2 billion of patient private equity coming into the county. The Chairman referred to the economic missions that he has gone on with the Orlando Economic Partnership and talked about listening to site selectors. He explained the site selectors never want to talk about the sunshine or good schools or trails and natural lands. They like to talk about the billions of dollars of investment that the state and local governments are making into the infrastructure. He discussed Seminole County finally attracting the kind of private equity that he thought they should have attracted in the past. He believes Seminole County is one of the best kept secrets in the nation in terms of quality of life. The Chairman then reviewed the justification statement that was put forth by the Applicant and stated he is excited about this project.
Motion by Commissioner Constantine, seconded by Commissioner Carey, to transmit the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Planned Development to Planned Development to the State and regional review agencies; transmit the associated Ordinance enacting a Rezone from PD (Reagan Center Planned Development) to PD (Parkside Place Planned Development); and transmit the associated Development Order and Master Development Plan for approximately 110 acres, located on the north and south sides of Ronald Reagan Boulevard, and east of County Home Road and U.S. Highway 17-92; as described in the proof of publication; Jon Walls, NAI Realvest, Applicant.
Under discussion, Commissioner Carey questioned whether the transmittal of the associated Development Order is as amended to the discussion they had about Item T. Commissioner Constantine stated the intent was for it to be the most recent Development Order that they had. Commissioner Carey advised that she does not know whether the County Engineer actually circulated the revision or not. Commissioner Dallari advised that he has not seen the revision. Commissioner Carey suggested the Development Order be amended as discussed. Commissioner Dallari stated they agreed that this is coming back to the Board and there will be reviews to it. Ms. Guillet stated they said that Item T would be discussed. Commissioner Carey stated the motion was to transmit the associated Development Order. She is trying to clarify that Item T is going to be amended before it gets transmitted to say, “this item will come back for further discussion” because right now it says that 100% of the cost is on the developer. Commissioner Constantine agreed that Item T will be coming back as the Board discussed.
Commissioner Dallari added that many other things that they discussed today will be coming back. Commissioner Carey clarified that those other items are not in the Development Order and Item T is in the Development Order. Commissioner Dallari acknowledged that a lot of the things that he discussed are in the Development Order; such as, standards, LYNX, and SunRail. Commissioner Carey pointed out that Commissioner Dallari is asking about the details of the Development Order. The Development Order is a broad picture and all of that detail will come back because it is already in as a broad detail. She stated she just wanted to make sure as the seconder of the motion that that was the intent of the motion and her second stands.
Chairman Horan clarified for the record that the motion made is to transmit the Large Scale Future Land Use Amendment Ordinance and also to transmit the associated Development Order. The Development Order will contain a provision that says with regard to Item T, that item will be coming back; that is the way the Development Order will read as amended. The Chairman asked if what he just stated is correct and there was consensus that it was correct.
Districts 1, 2, 3 and 5 voted AYE.
Commissioner Carey noted that just as a follow-up to the “wordsmithing” of that, which she will leave to the attorneys, the Chairman made some good points (that maybe it is not a pedestrian bridge) and suggested that whatever is required will come back for discussion. Commissioner Constantine stated he thinks they all know they are not going to finish and are not going to do all of the details today. He believes everything is up for discussion when it comes back again with comment. Chairman Horan reminded everyone that obviously they are dealing with a project that has somewhere between an 8- to 14-year lifespan; so the Development Order is going to be a living document and he would presume there are all kinds of other things and vehicles that will be at their disposal as they go vertical on this project.
Commissioner Constantine reported that the Central Florida Sports Commission unveiled a new logo and marketing example and he would like them to come and give the Board a presentation. He explained why the Florida Association of Counties (FAC) suggested it was not worthwhile to spend the amount of money it would cost to shift opinion regarding Amendment 1.
Commissioner Dallari announced they had the kickoff for the PD&E for 434 from Winter Springs to Oviedo. He thanked staff for putting that together and mentioned they had over 170 people attend, which was significant. The Commissioner stated he is looking forward to the next round and seeing what the engineers come up with.
Commissioner Dallari reminded everyone that about a month ago he talked about Code Enforcement and the potential of having discussions with the Board in 2019 regarding amnesty of Code Enforcement. He would like to have the County Attorney, County staff, and the Planning Department look at that to see how that would work and bring it back to the Board. At the request of Chairman Horan, Commissioner Dallari explained that there are quite a few homes with liens on them that are just sitting there and nothing is being done. The eyesores are still there. He thinks there should be some program with some stipulations on how to get these homes fixed up and back in compliance to try to assist people and encourage them to fix up their homes. He talked about the total dollar value of these homes being in the millions. Discussion ensued.
Commissioner Carey suggested they could look at the best practices of what other communities have done. Commissioner Dallari agreed that looking at what other counties have done is a great idea. Commissioner Carey suggested that Ms. Guillet put that question out to her colleagues across the state through FAC and the League of Cities to see if any of them have done anything. Ms. Guillet added that there is also a Florida Association of Code Enforcement. Chairman Horan stated that even if they have to handle these things on a case-by-case basis, the County should initiate some kind of program so they put properties back into a posture where they are actually expanding the tax base and they are not just sitting and continuing to depreciate.
Commissioner Carey thanked all of the staff that participated or provided information for the Midway Town Hall meeting last Thursday. She reported there was a good turnout at the meeting; and for the next steps, she is requesting the Board’s support for several things. The stormwater basin study update is in the program already but is several years out. Commissioner Carey asked the Board to advance that study sooner versus later. With all of the development coming around in the area, the study would provide good data to make sure there are not unintended consequences. Secondly, after the discussion and after Mr. Edwards indicated that sewer costs might be $15 million, when the question was asked regarding who is interested in continuing this conversation, everybody raised their hands. When asked who would be willing to help bear the cost to look into this, everybody raised their hands. She pointed out that it is easy to agree to something if you don’t really know what the costs are.
Commissioner Carey advised that through the County’s Joint Planning Agreement and their Utility Agreements, it would be the City of Sanford who would have to provide this sewer service to the community; and she requested Board support for staff to discuss with the City whether they have capacity and whether they are willing to provide this service and extend their service into Midway. She wants them to get some real costs on estimates for distribution; such as, how much it would cost an individual home to get re-plumbed, how much it would cost to hook up to the meter, whether there are impact fees, and what their monthly cost will be. Commissioner Carey advised that once they have the numbers, then they can evaluate potential funding sources. She does not think the community would be opposed to participating in that through an MSBU or other things. She explained that the final step would be to present quality information to the citizens so they can make an informed decision on whether to pursue or not pursue a sewer conversion project for their community. She emphasized that it would not be a fast project if the community decides to go forward and it would take several years to provide the service. Commissioner Carey talked about Midway becoming a PACE community where they could possibly get up to a $40,000 grant that could be used to assist in repairing some of the septic tanks that may be failing for the people who could income qualify for assistance for that.
Commissioner Carey noted that it will take some staff time to put all of this together and requested the Board’s support to direct staff to do those two things: (1) advance the stormwater basin study; and (2) advance the investigation of the cost for a sewer conversion in the community to be able to present that back to the residents to see if they have interest in participating. Commissioner Dallari stated he would have no issue or problem with supporting Commissioner Carey’s requests. He believes they should provide a timeline for staff so Commissioner Carey can report back to the residents.
Commissioner Carey stated she has also asked staff to look at lessons learned. She pointed out there have been investments in other communities where the connections were not made because there was no requirement for the connections to be made and there was no MSBU or anything at all that would trigger that. The infrastructure gets put in and then people don’t connect because they didn’t know they were going to have a $35 water bill every month. She talked about why this needs to be a community-wide effort. Commissioner Carey stated if there are no objections, she will take that as support from the Board. No objections were voiced.
Commissioner Carey gave a brief update regarding some of the exciting things that are happening at the Orlando Sanford International Airport. She talked about several of Via Airline’s and Allegiant Airline’s current and new destinations.
Commissioner Carey discussed an important Youth Suicide Prevention program and training session that is coming up on October 29 at the Health Department. She believes this is a very important event that is coming up and hopes it will be highlighted on the County’s website so they can try to get the word out.
Commissioner Carey noted they are four weeks away from Election Day. She was disappointed to learn that in the primaries there were only two candidates that actually pulled permits at the County for signs. The County does require that a candidate have a permit for political signs. Commissioner Carey emphasized that the County needs to put the candidates on notice that they need a permit; that they need to pay their deposit; and that signs are not allowed in the County right-of-way. She discussed the problems with the signs being put in places where they are not allowed. Commissioner Carey stated she intends to talk to the Supervisor of Elections about this and also suggested they may need to have a discussion at the next meeting about the libraries and who can be there and on what side of the sidewalk. The public right-of-way is the Commissioner’s concern right now because she has had people calling and complaining. Commissioner Carey requested that this be addressed through the Building and Permitting Department with the candidates.
Chairman’s Report/District 2
Chairman Horan announced there needs to be updated appointments to the MetroPlan Technical Advisory Committee. Motion by Commissioner Dallari, seconded by Commissioner Carey, to appoint Jean Jreij, Frank Consoli, and Bill Wharton as the primary representatives to the MetroPlan Technical Advisory Committee and appoint Charles Wetzel, Anthony Nelson, and Paul Ashworth as their respective alternates.
Districts 1, 2, 3, and 5 voted AYE.
Chairman Horan reported that it has been recommended to appoint Jeff Hopper to fill Matt Davidson’s unexpired term on the Sanford Aviation Abatement Committee. Commissioner Carey stated one of the biggest complaints that the Midway community had was with the MB-80’s that Allegiant currently flies and how they rev up at 4:00 in the morning before they can take off. By the end of November, all of those planes should be out of the fleet and that should not be an issue anymore.
Motion by Commissioner Dallari, seconded by Commissioner Carey, to appoint Jeff Hopper to the Sanford Aviation Abatement Committee for an unexpired term which ends on September 30, 2020.
Districts 1, 2, 3, and 5 voted AYE.
Chairman Horan discussed the autism screening that was done by Nemours at the Health Department and reported that there were 85 cases that showed up. He explained why he believes it is strong evidence of the public health implications that the issue raises for local governments, especially the schools. He suggested if the Commissioners or any of their constituents have any thoughts or personal experience with this issue, they can funnel them through Martha Santoni at Nemours.
Chairman Horan referred to the process of looking at their own CoC and talked about how that has created some confusion. The Chairman explained they are putting together the process in accordance with the HUD regulations and that is quite lengthy. He stated they will be part of the regional CoC for the foreseeable future as they go through the process.
Chairman Horan advised that a lawsuit has been filed by River Cross and he reminded the other Commissioners to avoid contact with anybody with regards to the lawsuit. The Chairman stated he knows they have hired special counsel and he thinks it would be good for each Commissioner to be advised as to what kind of budget there is with regard to the defense of this lawsuit. Ms. Porter-Carlton stated they had their first meeting with outside counsel and she can brief each Commissioner about that. She will be co-counsel with the outside counsel on this suit.
Chairman Horan reported that they are all getting letters from hospital groups and organizations requesting letters of support for Certificates of Need. He has discussed this matter with the County Manager as to how to best handle these types of situations. He explained why he believes each Commissioner should make that decision individually. Commissioner Carey gave an example of two hospitals in her district competing for the same Certificate of Need and she wrote letters for both of them. She thinks they will continue to see these as hospitals continue to expand throughout the county. Chairman Horan stated he thinks each one of the Commissioners has a different view and that is why he thinks it is important that each individual Commissioner makes their own decision.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM CHAIRMAN’S OFFICE
There were no Communications and/or Reports received from Chairman Horan’s Office.
ITEMS FOR FUTURE AGENDA
Dr. Nallan Chari, 1911 North Street, addressed the Board to talk about a stormwater retention pond in his backyard. Dr. Chari read a letter (copy received and filed) into the record regarding the cleaning of the pond in his backyard along with other ponds in the Rolling Hills Park area. He displayed an MSBU assessment map (copy received and filed) and advised that his property is included in this MSBU. Ms. Guillet advised that the MSBU is intended to provide for the remediation of the golf course, not any other purpose. It is not an MSBU for stormwater or maintenance. Ms. Guillet indicated they do have intentions that once the County acquires the golf course property, they will start to look at generalized improvements in the entire Rolling Hills area. They just recently closed on the property and will have a public meeting at the end of the month to talk specifically about potential improvements to the park. She added they can certainly address any other plans for looking at both traffic issues as well as stormwater issues in the area. Ms. Guillet emphasized that the MSBU is not at all related to any stormwater issues.
Dr. Chari stated that all of the ponds in this Rolling Hills Park are stormwater retention ponds because they are all landlocked and the water goes nowhere. He advised that the pond in his backyard is not really different. He talked about his problem with the County not keeping the pond clean and thinks all of the residents who are paying into the MSBU (including himself) would benefit from the County taking care of the pond. He offered to donate the pond to the park and suggested there could be a couple of benches around the pond. Chairman Horan stated they will continue to look at this issue and try to come up with a solution that is in the best interest of everyone involved. Dr. Chari asked the Chairman if he had a timeline and he responded he did not.
Chairman Horan discussed threats coming from social media and how engaged the Sheriff’s Office has been. He talked about the security at the BCC meetings.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 4:15 p.m., this same date.