BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

November 12, 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, November 12, 2019, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

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

     Clerk of Court & Comptroller Grant Maloy

Deputy Clerks Chariti Colon and Terri Porter

 

 

     Chaplain Dan Royer, NTM Homes, Sanford, gave the Invocation.  Commissioner Lockhart led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for FutureCow was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2019-XXXX

Ed Burford, Seminole County Veterans Services Officer, presented Staff Sergeant William E. Waterman, Jr., with the flag that flew over The Vietnam Traveling Memorial Wall while it was displayed in Sanford during Veterans Day weekend.

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt a Proclamation recognizing Staff Sergeant William E. Waterman, Jr., United States Air Force, as Seminole County’s November 2019 Veteran of the Month.

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

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Agenda Item #2 – 2019-1739

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt a Proclamation recognizing Bea Michalski for Lifelong Volunteerism.

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

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Agenda Item #3 – 2019-1714

Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to adopt a Proclamation proclaiming November as National American Indian Heritage Month in Seminole County.

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

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Agenda Item #4 – 2019-1738

Motion by Chairman Carey, seconded by Commissioner Zembower, to adopt a Proclamation proclaiming November 19, 2019, as Women’s Entrepreneurship Day in Seminole County.

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

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Agenda Item #5 – 2019-1740

Catherine Kennedy, Senior Wildlife Assistance Biologist with the Florida Fish and Wildlife Conservation Commission, addressed the Board and presented the Coyote Update (received and filed).  Questions were posed by several Commissioners and answered by Ms. Kennedy.  Commissioner Constantine expressed that the precautions used in the Urban Bear Management Ordinance could also work on deterring coyotes, and Commissioner Dallari agreed.  Commissioner Dallari inquired when there will be a status update of implementing the Urban Bear Program in the eastern part of the county.  Ms. Guillet responded an update can be provided whenever they would like.  Commissioner Dallari stated he wants to know what the update is, if it is the cities that are stalling or if it the County that is stalling.  Chairman Carey expressed the Board can adopt and expand that ordinance at any time, but if the cities are not participating, it makes it more difficult to be effective.  The Chairman directed staff to check on it and bring it back.

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Upon request of Chairman Carey, Bryant Applegate, County Attorney, announced he is requesting the Board conduct a closed session with legal counsel immediately following the afternoon public hearings and work session.  He explained the purpose of the closed session is to discuss litigation strategy related to expenditures and to consider a settlement offer received from the plaintiff in the River Cross Land Company, LLC, versus Seminole County federal case.  It is being conducted pursuant to Florida Statute 286.011(8) and is expected to last between one and two hours in Room 3024.  All discussions will be strictly limited to litigation strategy related to expenditures and the proposed settlement offer.  The meeting will then be opened up after the closed session is terminated and will be adjourned if there is no further business. 

Mr. Applegate stated attendance at the closed session is strictly limited to County Commissioners Brenda Carey, Jay Zembower, Amy Lockhart, Lee Constantine, and Bob Dallari; County Attorney Bryant Applegate; Deputy County Attorney Lynn Porter-Carlton; and outside counsel Todd Norman and Jo Thacker of the Nelson Mullins Broad and Cassel law firm.  A certified court reporter will be in attendance to transcribe the closed session in its entirety, and the transcript of the closed session will remain sealed until the conclusion of the litigation, at which point it will be made part of the public record.

CONSENT AGENDA

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

Nicole Guillet, County Manager, announced Item #19, Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Services, is being pulled from the agenda to be brought back at a later date.  Commissioner Lockhart inquired why the item is being pulled, and Ms. Guillet responded there was a conflict between the liability insurance requirements and the document.

Commissioner Lockhart requested clarification of Item #12, termination of the Orlando Neighborhood Improvement Corporation, Inc., subrecipient agreement.  The Commissioner stated her understanding is this is an organization that has been in business with the County for many years and inquired how they got this far along in the relationship and just learned they were unwilling to take ownership of the property. 

Meloney Lung, Interim Community Services Director, responded her understanding of the problem is the federal government changed the requirements in 2013 that were to take effect in 2015 in which the Community Housing Development Organization, CHDO, had to have ownership of the property.  This agreement was entered into in 2017, and both the division director at the time and the CHDO were unaware of the rule change.  When that director left and the interim division director stepped in, they realized the contract was not legally allowed to be entered into and notified the CHDO, and the CHDO informed they do not want to be owners of the property. 

Chairman Carey confirmed with Ms. Lung it is HUD’s requirement to give the property to the CHDO.  Chairman Carey stated when the Board was talking about affordable housing, nobody said HUD's rule says you have to give away the property.  Ms. Lung informed Habitat was working in collaboration with the CHDO.  It is their intention to continue working with Habitat on this particular project.  Bonnye Deese, Community Services, explained under Home Rule, it is a requirement when doing home ownership development activity to transfer the property to the CHDO as a developer.  Chairman Carey stated the property would then ultimately be transferred to the homeowner.  Ms. Deese added it is not a requirement for multifamily.  They can partner with a CHDO to do the development of the project and the County would still maintain ownership.  Chairman Carey clarified with Ms. Deese the CHDO in this case does not want to do single family and that is why the agreement is being terminated, and staff will continue to work with Habitat for development of these properties to ultimately go to home ownership.

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

County Manager’s Office

Office of Emergency Management

 6.  Approve and authorize the Chairman to execute the Memorandum of Understanding for livestock services, housing, and transport with the Seminole County Sheriff's Office.  (2019-1736)

 7. Approve and authorize the Chairman to execute the Memorandum of Understanding with Pediatric Pavilion, Inc., d/b/a ChildrenFirst Home Health Care System, Inc., for complex medical care emergency shelter services.  (2019-1737)

 8.  Approve and authorize the Chairman to execute the Memorandum of Understanding for ReNew ACTT (Accepting Change Through Treatment) Dog Training Program with the Seminole County Sheriff's Office.  (2019-1735)

Tourism Development

 9. Approve and authorize the Chairman to execute the Full Sail University Dan Patrick School of Sportscasting Agreement allowing designated Full Sail students to participate in a hands-on sports journalism program at the Boombah Sports Complex.  (2019-1674)

 

Community Services

Business Office

10. Approve and authorize the Chairman to execute the Community Development Block Grant (CDBG) Subrecipient Agreement with Kids House of Seminole, Inc., in the amount of $18,940 to complete a public facility improvement activity to include flooring repair and replacement at the agency’s site.  (2019-XXXX)

11. 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 October 2019.  (2019-XXXX)

12. Approve the termination of the Orlando Neighborhood Improvement Corporation, Inc., (ONIC) subrecipient agreement to complete a Community Housing Development Organization (CHDO) eligible project using available U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) funding set aside.  (2019-XXXX)

Community Assistance

13. Approve and authorize the Chairman to execute the Aspire Health Partners, Inc., Homelessness Partnership Agreement in the amount $152,420 which will increase staffing and outreach, engagement, assessments, and housing stabilization case management services for the Seminole County Homeless population.  (2019-XXXX)

 

Development Services

Planning and Development

14.  Approve the replat of Tract A1B2, Water’s Edge at Hawk’s Crest, on 2.53 acres zoned PD, San Pedro Planned Development, located on the north side of Howell Branch Road, east of Lake Howell Lane; Meritage Homes of Florida, Inc., Applicant.  (2019-1678)

15. Authorize release of Maintenance Bond #K09558743 in the amount of $89,887.41 for Right-of-Way utilization for road, streets, and drainage, in relation to the Wyndham Preserve subdivision; Brisson Investments, LLC, Applicant.  (2019-1730)

16. Approve and authorize the Chairman to execute appropriate Resolution #2019-R-188 vacating and abandoning a 287 square foot portion of a platted drainage easement, as recorded in Plat Book 57, Pages 18 through 23, for property more particularly known as 3870 Tucks Point; Paul and M’Lou Rossie, Applicants.  (2019-1698)

17.  Approve and authorize the Chairman to execute the Fiscal Year 2019/2020 Service Funding Agreement by and between Seminole County, and the Central Florida Regional Transportation Authority for the amount of $8,686,362.  (2019-1702)

 

Environmental Services

Solid Waste Management

18.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Load & Go Dumpsters, Inc.; GLE Scrap Metal-Florida, Inc.; Orlando Waste Paper Company, Inc.; Comfort House, Inc.; Environmental One, LLC; A1 Assets, Inc.; and Randy Suggs, Inc., effective from November 12, 2019, through September 30, 2020.  (2019-XXXX)

19.  Pulled from the agenda the request to approve and authorize the Chairman to execute the Non-Exclusive Franchise Agreements for Commercial Solid Waste Collection Services with Redbox+ of Orlando from November 12, 2019, to November 12, 2020.  (2019-XXXX)

Water and Waste Water

20.  Approve and authorize the Chairman to execute the Cost Sharing Agreement between The St. Johns River Water Management District and Seminole County for Controlling Abandoned Artesian Wells.  (2019-1703)

 

Leisure Services

Business Office

21.  Approve and authorize the Chairman to execute the 2019/2020 Funding Agreement between Seminole County and Seminole Cultural Arts Council, Inc., in the amount of $50,000.  (2019-1728)

22.  Approve and authorize the Chairman to execute the 2019/2020 Funding Agreement between Seminole County and Ritz Community Theater Projects, Inc. D/B/A Wayne Densch Performing Arts Center in the amount of $50,000.  (2019-1727)

Greenways and Natural Lands

23.  Approve and authorize Chairman to execute a Seminole County Natural Land Resident Caretaker Lease Agreement with James J. Hennessey for the Chuluota Wilderness Area.  (2019-1704)

 

Public Works

Engineering

24.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-189 authorizing a Locally Funded Agreement in the amount of $8,000 and a Three-Party Escrow Agreement with the State of Florida Department of Transportation for Intersection Improvements on US 17-92 at Airport Boulevard. FM#436679-2-52-02.  (2019-1699)

25.  Approve and authorize the Chairman to approve the request to declare surplus a 0.15 acre ± (6,589.7 sf ±) unbuildable portion of the Seminole County-owned property, Tax ID #17-21-29-5BG-0000-079L; and execute appropriate Resolution #2019-R-190 providing for the sale of County surplus property to Giovanni P. Barrio; a Contract for Sale and Purchase of Land, in the amount of $17,025 between Seminole County and Giovanni P. Barrio; and County Deed.  (2019-1717)

26.  Approve and authorize the Chairman to adopt appropriate Resolution #2019-R-199 accepting a Quit Claim Deed donated by Deborah D. Keeter, Trustee of the Deborah D. Keeter Family Trust, to Seminole County related to the drainage improvements and continued maintenance of Virginia Avenue south of East Hillcrest Street.  (2019-1721)

Facilities

27.  Approve and authorize the Chairman to execute the First Amendment to Holdover Agreement between Seminole County and James K. Caldwell, II.  (2019-1520)

 

Resource Management

Budget

28.  Approve and authorize the County Manager to approve and sign all work orders, purchasing contract, and related grant modification documents for the FEMA Hazard Mitigation Grant Program agreements with the Florida Division of Emergency Management.  (2019-1719)

29.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-191 authorizing staff to submit an Application for a 2019/2020 Emergency Medical Services Trust Grant to the Florida Department of Health in the amount of $70,996 for the purchase of LifePak 15 Monitor/Defibrillators for EMS services in the county.  (2019-1715)

30.  Approve and authorize the Chairman to execute State Financial Assistance Recipient Agreement with the State of Florida Department of Agriculture and Consumer Services for a Mosquito Control grant in the amount of $41,646 to enhance the County's Mosquito Control program; and authorize the County Manager to execute any documents associated with the grant including amendments.  (2019-1670)

31.  Approve and authorize the Chairman to execute a Sub Award Grant Agreement with the State of Florida, Division of Emergency Management in acceptance of $68,925 for the WebEOC software project; and to execute appropriate Resolution #2019-R-192 implementing the Budget Amendment Request (BAR) #20-008 through the Public Safety Grant Funds in the amount of $68,925 to establish funding.  (2019-1705)

32.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-193 implementing Budget Amendment Request (BAR) #20-012 through the SHIP 2018/2019 Grant Fund in the amount of $381,251.18 to recognize revenue generated in State Housing Initiatives Partnership (SHIP) in Fiscal Year 2018/2019 to carry forward revenue balances and budget into Fiscal Year 2019/2020.  (2019-1712)

33.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-194 implementing Budget Amendment Request (BAR) #20-013 through General Fund Reserves and Animal Control Donations to recognize $22,845 in donation funds and establish $45,690 for the Barn Stall and Feed/Storage Room Project.  (2019-XXXX)

34.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-195 implementing Budget Amendment Request (BAR) #20-014 in the amount of $50,945 through the General Fund to appropriate grant funding for election activities.  (2019-1734)

35.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-196 implementing Budget Amendment Request (BAR) #20-015 through the Natural Lands Fund for the cost of construction documents and permit modifications for the boardwalk system at Black Bear Wilderness Area in the amount of $41,500.  (2019-1718)

Engineering

36.  Approve and authorize the Chairman to execute appropriate Resolution #2019-R-197 implementing Budget Amendment Request (BAR) #20-016 through the 2014 Infrastructure Sales Tax Fund to allocate funds in the amount of $155,000 from Reserves for the Howell Creek Trestle Project.  (2019-1723)

Purchasing and Contracts Division

37.  Award CC-2613-19/MAE, Shelter Retrofit Wind Protection at Various Seminole County Public Schools, to Welsh Construction, LLC, Melbourne, in the amount of $652,826; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1710)    

38. Approve Work Order #10 for the Consumptive Use Permit (CUP) Environmental Monitoring, under PS-1998-18/RTB, Master Services Agreement for General Environmental Services, with Environmental Science Associates Corporation (ESA), Orlando, in the amount of $105,956.54; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2019-1708)

39. Approve the ranking and award RFP-603602-19/TLR, Term Contract for Information Services, Service Desk, Desk-Side Support, Switchboard, and Computing as a Service Functions; authorize staff to negotiate with the top-ranked firm, Vitil Solutions, Inc., Sarasota; and authorize the Purchasing and Contracts Division to execute the contract.  (2019-1722)

40. Approve an increase to the Board-approved Estimated Annual Usage for PS-1529-17/RTB, Traffic Signal Retiming in Seminole County, by an additional $100,000 for the remainder of the period ending January 18, 2020; and increase the remaining Agreement periods by $100,000.  (2019-1713)

41. Award CC-2715-19/GCM, Alton Drive Stormwater Pond Modification (Lake Asher), to Carr & Collier, Inc., Leesburg, in the amount of $789,731; and authorize the Purchasing and Contracts Division to execute the Agreement.  (2019-1709)

42. Approve waiving the procurement process and authorize the purchase in the amount of $259,532.80 and installation of an Automatic Docking Station from Genset Services, Inc., Apopka, to be installed at the Seminole County Sheriff’s Office/Public Safety Building; and authorize the Purchasing and Contracts Division to issue the Purchase Order.  (2019-1716)

 

County Attorney’s Office Agenda Item #43

Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute appropriate Resolution #2019-R-198 approving the issuance of Series 2019 Bonds on behalf of the Corporation, the proceeds of which will be applied by the Corporation to, one, pay the outstanding principal and interest on the Prior BANs; two, finance and refinance, including through reimbursement, all or a portion of the acquisition, construction, equipping, and installation, and related development costs, of the Legacy Pointe Health Care Facility; three, fund any necessary reserves and capitalized interest; and, four, pay costs associated with the issuance of the Series 2019 Bonds.  (2019-1724)

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

Clerk & Comptroller’s Consent Agenda Item #44

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated October 7, 14, 21, and 28, 2019; Payroll Approval Lists dated October 17, 2019; BCC Official Minutes dated August 13, 2019.  (2019-1726)

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.    Florida Public Service Commission Notice of Proposed Agency Action Order Approving 2019 Consolidated Depreciation Study, #PSC-2019-0433-PAA-GU, re:  Petition for approval of 2019 consolidated depreciation study by Florida Public Utilities Company, Florida Public Utilities Company-Indiantown Division, Florida Public Utilities Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation, Docket #20190056-GU issued October 22, 2019.

 

2.    Florida Public Service Commission Order Granting Duke Energy Florida, LLC’s Petition for Approval of Revised Underground Residential Distribution Tariff Modification, #PSC-2019-0443-TRF-EI, re: Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC, Docket #20190076-EI issued October 23, 2019.

 

3.    Escheatment Tax Deed for Parcel #36-19-30-515-0K00-065B.

 

4.    Follow-Up Review of PCARD Transactions for the Environmental Services Division, Fire Department, and Public Works Department.

 

5.    Letter dated October 9, 2019, to Nicole Guillet, County Manager, from Franklin Martz, II, City Manager of Altamonte Springs, re: Transportation Impact Fee Ordinance.

 

6.    Community Services Funding Agreements Fiscal Year 2019-2020 with Seminole County Bar Association Legal Aid Society, Inc.; Recovery House of Central Florida, Inc.; Meals on Wheels, Etc., Inc.; Kids House of Seminole, Inc.; and The Christian Sharing Center, Inc.; as approved by the BCC on July 23, 2019.

 

7.    Maintenance Bond (Streets, Curbs, Storm Drains) #1158163 in the amount of $7,518 for the project known as KinderCare Learning Center (a.k.a. Rainbow Childcare); EIG14T RCCC 200 FL-Lake Mary LLC.

 

8.    Performance Bond (Roads, Drainage, Water, Sewer, Hardscape & Landscape) #59BSBID2892 in the amount of $472,471.37 for the project known as Winterbrook; Pulte Home Company, LLC.

 

9.    Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with RDP 13, LLC for the project known as Heartland Dental at Lake Forest.

 

10.    Parks Contracts for Services with Jessica Hines and Cindy Brown.

 

11.    Pet Rescue Cooperative Services Agreement with Orlando Rabbit Care and Adoptions, Inc.

 

12.    Tourist Tax Funding Agreement with Proswings.com, LLC for the Battle of the Best Tournament.

 

13.    Tourist Tax Funding Agreement with Florida PGF, LLC for the Maiya Brooks Memorial Showcase.

 

14.    Tourist Tax Funding Agreement with Softball Showcases, LLC for the 2019 Gem Invitational.

 

15.    Tourist Tax Funding Agreement with Nations Baseball, LLC d/b/a DS Sports Ventures for the Fall State Championship, Pride & Glory, Mt. Everest Expedition, and Top Gun Turkey Shootout.

 

16.    Tourist Tax Funding Agreement with Perfect Game USA, Inc. for the PF 10u-14u Fall World Series.

 

17.    Addendum #1 to Development Order #19-20500038, Buck Creek Plantation PD, C O D Holdings, LLC.

 

18.    Addendum #1 to Development Order #19-20500028 and Developer’s Commitment Agreement #19-20500027, Integra Crossings PD, Barbara Brannon; Ming Yen; Valkrie, LLC; Integra Land Company, LLC.

 

19.    Developer’s Commitment Agreement #19-20500022, Hideaway Cove Phase 3, Barbara Svancar Trust, Robert & Susan Yantz.

 

20.    Approval Development Orders #19-30000084, 2648 Falmouth Road, Jeffrey McLeod; #19-30000089, 112 Tralee Court, Ethan Greenberg & Mary Victor; #19-30000080, 233 Nob Hill Circle, Robert and Carol Graham; #19-30000081, 1337 Franklin Street, Billy and Randi Parker; #19-30000082, 2230 Church Street, Therena Jones; #19-30000083, 1827 Briarcliff Road, Ricky Marciano and Alinda Ramos; and #19-32000005 and #19-30000076, 1670 Overlook Road, Edward and Mary Benore.

 

21.    Denial Development Order #19-30000078, 204 South Crystal View, Ronald Gilmore and Anna Vanlandingham.

 

22.    Work Order #53 to PS-0009-15 with CPH, Inc.

 

23.    Work Order #5 to PS-0121-15 with DRMP, Inc.

 

24.    First Amendment to RFP-0336-15 with Miller Electric Company.

 

25.    Work Order #8 to RFP-0672-15 with The Colinas Group, Inc.

 

26.    Change Order #2 to Work Order #14 to RFP-1294-17 with Dager Construction, Inc.

 

27.    Closeout to Work Order #16 to RFP-1294-17 with M&J Enterprises.

 

28.    Change Order #2 to Work Order #17 to RFP-1294-17 with Dager Construction, Inc.

 

29.    Work Order #5 to CC-1391-17 with Schuller Contractors, Inc.

 

30.    Work Order #5 to PS-1473-17 with S2L, Inc.

 

31.    Work Order #9 to PS-1474-17 with S2L, Inc.

 

32.    Amendment #1 to Work Order #6 to PS-1522-18 with Ardaman & Associates, Inc.

 

33.    Closeout to CC-1525-17 with Florida Safety Contractors, Inc.

 

34.    Work Order #6 to PS-1709-18 with Wood Environment & Infrastructure Solutions, Inc.

 

35.    Work Order #22 to PS-1832-18 with Tierra, Inc.

 

36.    Work Order #9 to PS-1998-18 with Environmental Science Associates Corporation.

 

37.    Change Order #1 to CC-2408-19 with Linton Enterprises, Inc.

 

38.    Change Order #1 to CC-2421-19 with Linton Enterprises, Inc.

 

39.    Amendment #1 to M-2461-19 with Genset Services, Inc.

 

40.    CC-2642-19, Construction Services Agreement, with BK Earnest, LLC.

 

41.    Second Amendment to SS-602228-15 with AT&T.

 

42.    Second Amendment to IFB-602336-15 with Stryker Sales Corporation, through its Medical Division.

 

43.    Second Amendment to IFB-602367-15 with North America Fire Equipment Co., Inc., d/b/a NAFECO of Florida.

 

44.    Second Amendment to IFB-602396-15 with Ferguson Enterprises, LLC d/b/a Ferguson Waterworks.

 

45.    Second Amendment to RFP-602697-16 with Brightview Landscape Services, Inc.

 

46.    Amendment #4 to Work Order #26 to PS-8286-13 with Kittelson & Associates, Inc.

 

47.    Amendment #7 to Work Order #6 to PS-9742-14 with CH2M Hill Engineers, Inc.

 

48.    Bids as follows:

 

IFB-603571-19 from HPI Products, Inc. d/b/a AllPro Vector Group; Univar; Clarke Mosquito Control Products, Inc.; ADAPCO, LLC; Target Specialty Products;

 

CC-2657-19 from Linton Enterprises, Inc.; Glen Holt Aluminum, LLC; Black Street Enterprises, LLC, d/b/a BSE Construction Group; U.S. Veteran Contractors, LLC;

 

CC-2688-19 from Condor Construction Corp.; Central Florida Environmental Corp.; Atlantic Civil Constructors Corp.; Southern Development & Construction (SDC); Florida Safety Contractors, Inc.;

 

PS-2468-19 from Dewberry Engineers, Inc.; Perry Becker Design; Jack Caldwell, PLA, ALSA; England-Thims & Miller, Inc.; GAI Consultants, Inc.; CPH, Inc.; S&ME, Inc.;

 

CC-2715-19 from Carr & Collier, Inc.; Gregori Construction, Inc.; Schuller Contractors Inc.; Eclipse Construction Company; W.T. Comp, Inc.; Intercounty Engineering, Inc.; Condor Construction Corp.; Prime Construction Group, Inc.; Masci General Contractor, Inc.; and

 

DB-2551-19 from H.J. High Construction; McCree Design Builders, Inc.; Wharton-Smith, Inc.

 

COUNTY INVESTMENT ADVISOR’S REPORT

     Scott McIntyre, Managing Director of Hilltop Securities, addressed the Board to present the Investment Advisor’s Report (received and filed). 

     With regard to public participation, no one spoke in support or opposition, and public input was closed.

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt the recommendations of the County’s Financial Advisor based on the report submitted today and to direct the Clerk to implement said Board-adopted recommendations.

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

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     Chairman Carey recessed the meeting at 10:55 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk of Court & Comptroller Grant Maloy, County Attorney Bryant Applegate who was replaced by Deputy County Attorney Paul Chipok, and Deputy Clerk Chariti Colon who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.

EMPLOYEE SPOTLIGHT

Steve Fussell, Office of Organizational Excellence, addressed the Board to present The Employee Spotlight video featuring Sergio Escobar.

PROOFS OF PUBLICATION

     Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.

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

PUBLIC HEARINGS

 

Item #45 – 2019-1731

Amendment to Chapter 90, Uniform Building Numbering System

Land Development Code

Alan Harris, Chief Administrator of Emergency Management, addressed the Board to present the request as outlined in the agenda memorandum.

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

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt Ordinance #2019-47 amending Chapter 90 of the Land Development Code in order to provide updates to the Uniform Building Numbering System, as presented.

Chairman Carey stated they had received a revised version of the draft (received) and there are still a couple of scrivener errors in it.  She asked whether the Board would object to any of those scrivener’s errors being corrected and the Board voiced no objections.

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

Item #46 – 2019-1615

Seminole Avenue Right-of-Way

Danalee Petyk, Planning and Development Division, addressed the Board to advise that staff is requesting a continuance and they do not know when it will come back, so they will re-advertise it when it is ready to be heard.  The Applicant and the Public Works Department are still working on a drainage easement for this particular property.

With regard to public participation, no one in the audience spoke in regard to the continuance, and public input was closed.

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to indefinitely continue the request to adopt a Resolution vacating and abandoning an uncut portion of the public right-of-way known as Seminole Avenue, as recorded in Plat Book 10, Page 100, in the Public Records of Seminole County, for property located on Seminole Avenue, approximately 1,000 feet north of McCulloch Road in Oviedo; Julian Coto, Applicant.

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

Item #47 – 2019-1679

Pemberton Street Right-of-Way Vacate

Ms. Petyk presented the request as outlined in the agenda memorandum.

Barbara Erwin Offineer, Applicant, addressed the Board to advise she agrees with staff’s recommendation.

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

Commissioner Dallari noted that in his briefings with staff, he found that one of the issues is with the well.  He wants to make sure that the property they are vacating will allow ample room around the well for the maintenance and operation of it. 

Motion by Commissioner Dallari, seconded by Commissioner Zembower, to adopt appropriate Resolution #2019-R-200 vacating and abandoning an uncut portion of the right-of-way known as Pemberton Street, as recorded in Plat Book 4, Page 51, in the Public Records of Seminole County, as presented here today.

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

Item #48 – 2019-0044

River Run Preserve LSFLU Map Amendment and PD Rezone

Ms. Petyk presented the request as outlined in the agenda memorandum.  Staff recommends transmittal to the state and regional review agencies.

Commissioner Zembower noted he had several inquiries and concerns about Kentucky Street and the development that is happening out there.  He asked about projects for Kentucky Street in the short term or longer term.  Jean Jreij, Public Works Director, addressed the Board to reply that in the short term, they will do maintenance on the pond.  The developer will bring it up to standard all the way from the entrance going west.  That will be evaluated in the future as to whether to upgrade it or bring the rest up to standard.

Chairman Carey stated the Galileo School is going on the corner of Kentucky and Skyway.  She has expressed a lot of concern about the fact that they will have buses going down Skyway and out, and parents circulating around through Kentucky down to Pine Way, Sipes and all the different roads there.  It is her understanding on the Galileo School that they are not being required to make any improvements to Kentucky, so since this project is to the east of where the Galileo School is going to be, does that mean that the developer is going to be required to bring the road up to County standards from Skyway all the way down to the entrance of this property on Kentucky.  Mr. Jreij advised yes, they will be bringing all the way to where the Galileo stopped.  That would be going all the way from Skyway east to the entrance.  Chairman Carey noted that in her ex parte communications, there is information from Art Woodruff, Sanford City Commissioner, who expressed some concerns about this area.  In close proximity, south of Kentucky, is Lake Jesup; there are a lot of wetlands and prairie there.  Water quality on Lake Jesup is very poor.  When the Kentucky PD was done in 2013, they had a lot of conversation about the density going down as they got toward Lake Jesup, and once you got to Eagles Crossing, nothing would be less than one unit per acre. 

Chairman Carey said she has some concerns with this proposal at the 50-foot lots and the density it is coming in at.  If you go back and look at the Kentucky Street PD, all the lots are 70 and 80 feet wide.  She has an email from Matt Davidson in Planning that states the last approval on record from 2013 had a net density of 3.14 dwelling units per buildable acre; however, the density calculation that was used in 2013 removed the right-of-way from the net buildable area.  Currently the Code does not require right-of-way to be removed in the urban area of the county.  Based on the current definition of net buildable, the proposed 69-lot subdivision would have a net density of 2.64 dwelling units per buildable acre.  In the JPA with the City of Sanford, the County’s definition to their definition is four units per acre for the county and six units per acre for the city. 

Chairman Carey stated since this is coming to the County for zoning, she wanted everyone to have a little history about how prior discussions have previewed that area south of Kentucky, which also caused a lot of concern when Galileo School came in.  Of course, they were allowed to come in without ever having to come to this Board because schools are allowed in agricultural zoning.  She has concerns about the proposal before them today based on their position historically, the concern for Lake Jesup, and she has received information of concern from the Sanford City Commissioner.  They have talked about going back and talking about that JPA again, and in these particular areas of concern, especially for water quality, she thinks they will try to tighten those up considerably.  They want to have high density around the airport where it is not impacting necessarily the waterways, but in a closer proximity to the airport and not so outlying toward the waterways.

Commissioner Lockhart said one of her questions was related to the Sanford JPA, and she heard staff saying that Eagles Crossing was the delineation of where that would be.  She asked if there was any type of transition in that.  Chairman Carey responded she thinks that is what they were trying to create in 2013 when they went from high density on the north side of Kentucky to reducing it down in that next layer between south of Kentucky and getting to Eagle’s Trail, and then everything south of Eagle’s Trail remaining Suburban Estates.

Matt Davidson, Planning and Development Division, addressed the Board to respond to Chairman Carey’s request to speak to the density.  He stated the City has recently annexed the Kentucky Square project, and the application they have before them is proposing at 3.44 dwelling units per net buildable acre.  Chairman Carey said then the developer is now proposing a greater density since it has been annexed into the City than what the County approved, and Mr. Davidson replied that is correct.  He added the lot widths have also been reduced to 55 feet as opposed to the 75-foot lots that were on the plan that was approved by this Board.  Chairman Carey opined that makes the JPA conversation, in her mind, need to speed up, because they think they have an agreement and they are all working in the same way, and yet now they have annexed into the city and are asking for a greater density when the intent was to reduce the density south of Kentucky. 

Chairman Carey addressed Rebecca Hammock, Development Services Director, saying that whoever is running point with the City of Sanford on the JPA conversation, that they try to get that scheduled at least for City and County staff along with the District Commissioners that are involved, sooner versus later.

Kim Fisher, on behalf of the Applicant, addressed the Board and asked Chairman Carey to repeat the information about Commissioner Woodruff regarding his concern about the density.  She read from the correspondence.  Ms. Fisher advised they are right at 3.0, so they are within the JPA.  She does understand that they may be having conversations changing that.  It also just got brought to her attention by Steve Coover, which they do back up to his property and which he will say in his own words, he is okay with density, but then the discussion was had about the widening; they have not looked at widening to the east.  They have only looked at widening to the west for lining up with Galileo.  They just need to go back and look at it to see if they are going to go to the east.  She is not sure that is a county standard road at the bend; Mr. Coover kind of thinks it is but they have not had a chance to look at it.  So, there is some potential that they should widen to the east and not to the west to Galileo so people have an alternative route to bypass school traffic.  Other than that, they are meeting water quality standards and pre-posting their discharge rate into Lake Jesup, and with that they are consistent with the JPA.

Steve Coover, 3391 Eaglewoods Trail, addressed the Board stating his driveway is Eaglewoods Trail; he is on the southwest corner of this property.  He noted the problem they are having is not with the development, the problem is with the school.  He then expounded upon that statement and mentioned it was shut down at the Board of Adjustment because of traffic and substandard and constrained roads.  Chairman Carey mentioned there was a development proposed at the end of Sipes Avenue, off of Lake Mary Boulevard, and they had a big discussion about the width of the right-of-way and what was actually there and being maintained by the County.  The road is not even 20 feet wide there, there are deep ditches, and the power poles are set right off the edge of the road.  The road was substandard for the development which is why the development hasn’t occurred yet, because in the development order, it required the Developer to bring that road up to county standards, and in order to do that, they would have to pipe all the ditches and get the power lines moved.  It would be quite an expensive proposition and that particular piece of property was church property down toward the end of Sipes. 

Commissioner Lockhart advised Charter Schools do not have to provide transportation and this one does not, so there will not be any school buses.  She asked if the traffic impact analysis was done in contemplation with the school being there.  Mary Moskowitz, Planning Manager, addressed the Board to advise when the analysis was done, it just looked at the existing conditions of the roadway. 

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

A lengthy discussion ensued in connection with their concerns with the traffic analysis, the communication from the city representatives, the JPA, and the Lake Jesup watershed.  The Commissioners stated they will not support the project as it stands now.  Commissioner Constantine suggested using extra density, not for this project but in the future, for affordable housing.

Keith Lawes, Applicant, addressed the Board to respond to Commissioner Zembower’s inquiry.  He advised they are due to close in early March of next year and they have to finish their engineering.  He said they had no indication from anyone that there was a problem here.  He talked about the wetlands and a four-acre pond, water quality control, the lot sizes, the high-end development with parks, and open space.  He would be willing to look at an exit off to the right or to the east; they will have to consider how much of the roadway by the water treatment plant is already improved, but if it is down to the corner, he would be willing to have most of their traffic go east, which he believes is correct.  They will be avoiding the school traffic as much as possible.  Commissioner Lockhart talked about the concerns with Lake Jesup and the prairie around it and the close proximity to the proposed development.  Chairman Carey mentioned that projects around Lake Mary Boulevard and the airport are in a HIP-TI area of the county; they actually want those areas to develop at higher densities.

Motion by Commissioner Zembower, seconded by Commissioner Dallari, to indefinitely continue the request to consider transmittal of a proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development to state and regional review agencies; and subject to final approval and adoption of the Large Scale Future Land Use Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection; Keith Lawes, Applicant.

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

Chairman Carey directed the County Manager that this is a great opportunity for her to get staff together and look at those particular roads around Skyway leading back to Kentucky because there is a lot going on out there and that is going to need to be addressed or this will continue to be an issue.

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Bryant Applegate, County Attorney, entered the meeting at this time, and Paul Chipok, Deputy County Attorney, exited the meeting.

Item #49 – 2019-1732

Legacy Pointe PD Major Amendment and Rezone

Jeff Hopper, Planning and Development, addressed the Board to present the request as outlined in the agenda memorandum.

George Huddleston, S&ME Inc. on behalf of the Applicant, addressed the Board to introduce George Kramer who is also with S&ME, and Dr. James Wells, Executive Director of the Legacy Pointe project.  Dr. Wells displayed a PowerPoint presentation entitled Legacy Pointe – PD Amendment (received and filed) and addressed the Board to cover his presentation. 

Upon inquiry by Commissioner Zembower, Dr. Wells explained the relationship between UCF and this community is unique; it is a new emerging trend of university-based communities.  Because parking at the UCF campus is a problem to start with, one of the things envisioned in their management and operations plan, approved by the board in September of this year, includes 1.6 FTEs for transportation, plus a mutual service agreement yet to be executed.  There is the intention through a cooperation agreement to have the shuttle bus from UCF provide transportation for university-based activity on their campus and for their residents to get to the UCF campus, many of whom are very interested in coming to them because of the wonderful location of Oviedo, but also because they are going to be very close to UCF, so a robust transportation plan is anticipated in this.

Commissioner Zembower questioned whether this is going to be utilized as a teaching concept or this is just a regular assisted living facility.  Dr. Wells replied there are 125 medical beds and they expect a number of nursing, medical science and medical students to be involved, and transportation would be provided primarily by shuttle to the campus, which is one of the reasons those interns and residents and students can be very actively engaged every day.

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

Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt Ordinance #2019-48 enacting a Rezone from PD (Planned Development) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for approximately 43.61 acres located on the west side of Old Lockwood Road, 0.2 miles north of McCulloch Road, as presented here today; George Huddleston, Applicant.

Chairman Carey questioned, for clarification, if that is including the 10% of the parking spots to be placed near the visitor parking area at the standard 10 x 20.  Commissioner Dallari noted it is exactly as presented.

Commissioner Zembower suggested they consider making the change to the parking for the elderly who can have difficulty getting in and out of cars.

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

     District 2 voted NAY.

Item #50 – 2019-0034

HIBC PD Major Amendment and Rezone (con’t from 9/24/19 BCC meeting)

     Joy Giles, Planning and Development Division, addressed the Board to present the request as outlined in the agenda memorandum.  She advised that staff received a modification to the Applicant’s request (received), which was distributed to the Board this morning.  Ms. Giles noted the subject site is known as Tract B of the Heathrow International Business Center PD.  The development order has not yet been updated, so what is in the agenda backup was the previous proposal.  Staff is recommending approval based upon the current proposal from the Applicant, which includes replacing 39 trees as well as payment into the Seminole County Tree Fund of $120,010.

     Chairman Carey stated in the modified documents, there is an 11 x 17 sheet entitled Proposed Landscape Mitigation Plan, and the planting schedule of 27 southern live oaks at 2 to 2½” caliper.  When presenting the request, and the written word also states, those would be 3½” caliper trees, so she wanted to clarify what is being proposed.  She noted the same thing with the ligustrums.  She would like clarification because the size they are proposing to be planted is a 2½” ligustrum, and that would take a very long time for it to ever get to a size of being anything meaningful.

     Commissioner Dallari stated they are talking about taking out trees and putting in solar cells.  He asked when the solar cells are not working or when they need to be replaced, what is the mechanism to replace those cells, because they are not going to work forever.  He noted that is not in the agreement.  He added there is a life expectancy with solar cells and also mentioned the storms that happen here.  He also asked if anyone has researched what this will do to the heat island effect of what this will do for the area.  Ms. Giles said she will defer that to the applicant.

     Upon inquiry by Commissioner Constantine about planting bushes to infill, Chairman Carey confirmed that a lot of the oak trees have matured and now there is a void from the ground to the bottom of the trees, so part of the mitigation plan is to strategically plant large ligustrums that can be controlled and maintained.  Commissioner Lockhart noted that Commissioner Constantine was asking about some additional bushes, and he then verified that that will be answered in the presentation by the Applicant.

     Commissioner Zembower stated they have talked about emerging technologies and the Land Development Code and how they do not really have anything in place.  He thinks there will be others that are going to come and ask for this technology.  If they were to approve such a project now, how does that either tie their hands or not tie their hands moving forward.  Mr. Applegate replied he does not think approval today ties their hands to any other property either nearby or somewhere else in the county.  As the Board determines what type of regulations they want in this new area of energy, he thinks at that point, they can make decisions based on that.  So, it is not setting a precedent because this was decided before any regulations were adopted.

     Tyler Deaton, JP Morgan Chase & Co., addressed the Board to present their PowerPoint presentation (received).  He noted JPMC and their CEO, Jamie Dimon, have come out with some good corporate stewardship ideas, one being that they are going to be 100% reliable on renewable energy by 2020.  And among those initiatives to get there as a corporation, the onsite deployment of renewable assets such as this solar are key to that goal.  He then covered the presentation.  A Q&A period between the Board and the Applicant followed the presentation.

     With regard to public participation, the following spoke in opposition:  Cindy Haller, 1731 Beacon Drive (photo received); and George Sellery, 5231 Shoreline Circle (photo received).  Gabrielle Milch, 252 Coble Drive representing the League of Women Voters, spoke to recommend a work session to discuss solar and mature healthy tree mitigation.  No one else in the audience spoke in support or opposition, and public input was closed.

     Ms. Guillet noted that workshops are listed on the BCC agendas.  Commissioner Lockhart suggested they add the information regarding workshops on the County website. 

     Another Q&A period occurred which included staff also answering questions posed by the Board.  James Johnston, Shutts and Bowen on behalf of the applicant, addressed the Board to also respond to questions.

     Chairman Carey recessed the meeting at 3:40 p.m.; reconvening at 3:50 p.m. 

     Motion by Chairman Carey, seconded by Commissioner Zembower, to adopt an Ordinance enacting a Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 12.76 acres, located on the north side of AAA Drive, one-fourth mile west of International Parkway, with the following conditions:  as proposed by the Applicant, they would replant the trees using 3-3½” caliper at 12-14 DBH, but in addition to that, on the south side there are 13 trees along the perimeter area, so the difference between what the Applicant was proposing and what she is going to propose is there would be 13, 4” DBH trees planted along the south of the existing, current perimeter between the planted perimeter and the pond, staggered in how it needs to be in order to best accommodate a nice visual for the future going forward; $120,000 contribution to the Tree Fund, but those funds to be spent along the International Parkway corridor and the enhancement of the existing trail, which is also along International Parkway that has very little tree cover, so utilizing those funds in the county portion of International Parkway from Lake Mary Boulevard to 46A, in that part of the corridor; JP Morgan Chase, Applicant

     Under discussion, Ms. Guillet stated a 4” caliper tree is measured 6-12” from the ground.  If you use DBH (Diameter at Breast Height), that 4 inches would be measured about 4½-5 feet from the ground.  She wanted to make sure the development order is correct and they are putting in the right size trees.  Chairman Carey clarified it should be 4” caliper, which is 6-12” above the ground.  She added JPMC is proposing 3½” trees for all the other oaks and ligustrums, and she is saying except for the trees on the south perimeter where the 13 will be removed, that those would be at 4”.  She noted the Code only requires 2½” calipers.

     Ms. Giles questioned whether Chairman Carey wants to add a condition that if the canopies are removed, do they want the landscape area to be replanted with trees.  She replied yes, if the solar panel starts to arc and does not produce as much energy as possible, it would be replaced per their agreement with the management group.  And if they decide in the future to remove the solar panels, the condition would be the entire parking lot would have to be replanted.  She hopes they would have a conversation at that time about what would be replanted, because live oaks in a landscape island is not a good plan.

     Mr. Johnston responded to Commissioner Zembower’s question regarding the number of trees by stating they would be adding 52 because they were originally proposing 39, so 53 trees will be removed, 52 trees will be added plus with the 33 that are remaining, they will then have 85 trees on site when the PD Code required 72.  Commissioner Lockhart clarified that they are removing 66 trees.  Commissioner Zembower noted that is a net of negative 14.

     Commissioner Lockhart described the drive that is at an angle between the two rows of trees at the south end of the property by the red X’s on the aerial, and questioned if there are solar panels going in there.  Mr. Deaton responded the canopy structure would come out slightly into that drive and it is staggered.  Chairman Carey asked if they will be putting in low landscaping around the bases of the vertical structures.  Mr. Deaton replied due to the lack of natural light that penetrates the structures, there are minimal plants that have been able to grow, so they would either put gravel or mulch or some sort of low light vegetation.  Chairman Carey asked if they would experiment and plant some Florida native, low-water types of plant material to see how it does and Mr. Deaton agreed they could.

     Commissioner Lockhart mentioned she would rather take a reduction in the contribution to the Tree Fund in exchange for keeping the mature trees on the southern border.  Commissioner Dallari agreed.  Chairman Carey noted it would be impossible for them to then install the vertical structure unless they put it in a parking space which would eliminate spaces.  Mr. Deaton indicated to maintain the entryway trees, they have already reduced the canopy structure on that side, so they are dangerously close to the minimum system size that works financially for them.  Chairman Carey opined she would prefer to have them on the entrance side.

     District 5 voted AYE.

     Districts 1, 2, 3, and 4 voted NAY.

Motion fails 4 to 1.

     Commissioner Constantine expressed that he is hearing the Commission would like to keep the mature trees to the south.  He noted he asked JPMC if that could be possible during the recess earlier.  It would lower the amount of solar they would get but they seemed willing to keep the trees that were healthy.  If they had to remove them, then they could plant them at the front.  If that is the case, he would be willing to change his vote.  Commissioner Zembower noted that most of those 13 trees are in decline.

     Mr. Deaton asked if there is a way for them to potentially add more trees along that south line; for example, if they were able to fit double the 13 trees and put 26 in, and still be able to remove the trees within the parking lot confines, whether that would be something the Commission would consider.  Chairman Carey said so they are proposing to plant 26, 4” oak trees somewhere along the border and it may have to be around on the other side.  Mr. Deaton remarked he is not certain they can make it work from a project standpoint, but it was a thought to consider.

     Commissioner Constantine said if he is understanding what Mr. Deaton is saying is that he is suggesting that he does not believe that they can keep those 13 trees, but would plant 26 trees in that area to compensate, and no other conditions previously stated would change.  He asked if they would consider planting 8” trees.  Mr. Deaton advised 8” trees, unfortunately, require a lot of craning and trucking that would not make it viable.  Commissioner Dallari stated the smaller the tree, the better the success rate.

     Chairman Carey questioned whether the Board would be willing to accept the offer Mr. Deaton just made of 26 trees planted between the southern boundary and the pond, wherever they can best be placed for success, 4” trees, but the 13, whether they are healthy or declining, will be removed in the parking lot.

     Commissioner Zembower stated he would second the motion if they can agree they will have some native plants for fill where the trees are being removed on the exterior as lower landscape.  Commissioner Constantine reiterated that nothing else in their mitigation plan would change but all they are changing now is to add 26, 4” trees on the southern side, everything else remains the same including the donation to the Tree Fund.

     Motion by Chairman Carey, seconded by Commissioner Zembower, adopt Ordinance #2019-49 enacting a Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 12.76 acres, located on the north side of AAA Drive, one-fourth mile west of International Parkway, with the following conditions: the Applicant will plant 27 live oak trees and 12 ligustrum trees at 3-3 ½” caliper and 26, 4” caliper live oak trees on the southern boundary, between the southern line and the retention pond, and native Florida vegetation would also be planted along those areas as part of the plantings; replacement solar panels will be maintained, and if the solar panels are ever removed, the parking lot would be replanted based upon a plan that would be brought to the Board for approval at that time; and a $120,010 contribution to the Seminole County Tree Fund to be utilized between Lake Mary Boulevard and 46A on International Parkway, in the right-of-way or along the county trail.

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

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     All five Commissioners submitted ex parte communications into the record.

DISTRICT REPORTS

District 3

     Commissioner Constantine advised that Harry Ellis is now on the SCOPA board.

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to appoint Scott Sturgill to the SCIDA board (Seminole County Industrial Development Authority) replacing Mr. Ellis.

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

District 4

     Commissioner Lockhart congratulated Seminole High School’s Sanford Seminoles football team; they are advancing on to the Regional Semi-Finals. 

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     Commissioner Lockhart stated in regard to the Central Florida Commission on Homelessness, she would like to give the Commissioners the opportunity to have individual briefings or a presentation before this Board.  They have not done an unveiling of the new model, so she would like to give them an update as to what is transpiring there; she thinks they are on a very good path.  Ms. Guillet recommended that they do both.

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     Commissioner Lockhart reported in connection with the Lillie H. Green Community Center, they had a great meeting last week that involved the Health Department, the Sheriff’s Office, the School District, County staff, UF/IFAS Extension, Leisure Services, and everybody that could possibly participate in pulling together a template of what the purpose of that building could look like moving forward using the We Care Program as the model.  Once they get that together, they will have meetings with the community again to get feedback from them on the template.  That will also help them to determine what the lease agreement with the Boys and Girls Club looks like moving forward in terms of timeframe. 

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     Commissioner Lockhart stated she had sent an email to the Commission Offices about a grant opportunity through the Department of Economic Opportunity (DEO) with HUD.  It is a mitigation CDBG-MIT.  It is a great opportunity in the sense that the 32771 zip code has been identified as one of the areas of concern that over $600 million from these HUD funds, half of that will have to be spent in the 12 zip codes that have been identified, which could give some significant dollars to help in some of their areas of concern.  Chairman Carey wondered who the point people are for this, and Ms. Guillet advised Meloney Lung (Assistant County Manager) and Alan Harris (Emergency Management).

District 2

     Commissioner Zembower shared he had the pleasure of riding his Harley to help escort the Vietnam Veterans Wall into Seminole County.  He thanked the Sheriff’s Department, City of Sanford, Altamonte Springs, Longwood and many other law enforcement agencies as well as the Veteran Affairs Office that assisted with that.  The opening ceremonies were well attended. 

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     Commissioner Zembower stated County staff has now engaged to help facilitate getting Rescue Outreach Mission back on its feet.  They have some new board members in place and he will be leaning on his fellow commissioners with their contacts as they move forward with some fundraising efforts.

District 1

     Commissioner Dallari talked about the success of the Vietnam Traveling Wall.  He said he was given a letter by Bill Hyde, a resident who served in Vietnam, which he will share with the Commission.  The Commissioner said Mr. Hyde shared with him that to see 28 of his high school classmates on that wall was very emotional.  He thanked the City of Sanford and all the volunteers.

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     Commissioner Dallari thanked the Women’s Club of Oviedo for hosting “A Great Day in the Country” this past weekend.  All the proceeds will go back to the community.

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     Commissioner Dallari discussed the need to update the Land Development Code in connection with a noise ordinance and the ordinance itself.  He distributed a draft (received) prepared by staff who is awaiting direction.

CHAIRMAN’S REPORT and District 5

Chairman Carey reported on the passenger count at the Orlando Sanford International Airport.  She encouraged people to check out the renovations that are going on right now.

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Chairman Carey talked about the Veterans Day presentations and how grateful the veterans were; this is the second time in just several years that this County hosted the Traveling Wall.  She thinks they should request on a regular basis to have the Veterans Wall come through this community.

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Chairman Carey read aloud the information in connection with the Closed Attorney/Client Session scheduled today immediately following the meeting.  The purpose is to discuss litigation strategy related to expenditures and to consider a settlement offer received from the plaintiff in the River Cross Land Company, LLC vs. Seminole County Federal Case.  Outside Counsel is Todd Norman and Jo Thacker of the Nelson Mullins Broad and Cassel Law Firm.  A certified court reporter will be in attendance to transcribe the closed session in its entirety.

COMMUNICATIONS AND/OR REPORTS AS

RECEIVED FROM THE CHAIRMAN’S OFFICE

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

1.                  Letter dated October 18, 2019 to Chairman Carey from Brendan Lynch, Board Chair and Flora Maria Garcia, President & CEO of United Arts of Central Florida RE: Seminole County’s funding of local arts organizations.  C:  Commissioner Jay Zembower; Commissioner Bob Dallari.

 

2.                  Letter and attachments dated October 21, 2019 to Chairman Carey from Chris Kintner, Community Development Director, City of Longwood, RE: Annexation of 750 N. US Hwy 17-92.  C:  Nicole Guillet; J.D. Cox, City Manager, City of Longwood.

 

3.                  Letter received October 22, 2019 from National Aeronautics and Space Administration Headquarters, Washington, DC RE: Notice of Availability – Mars 2020 Draft Supplemental Environmental Impact Statement Notice of Public Meetings.

 

4.                  Eleven (11) postcards to Board of Commissioners RE: land buying program referendum on 2020 ballot.

 

 

 

ITEMS FOR FUTURE AGENDA

Gabrielle Milch, 252 Coble Drive, addressed the Board to discuss the Utilities Inc. wastewater spill into Sweetwater Creek which is connected to the Wekiva River (documents received).  Commissioner Constantine advised that Seminole County took the unprecedented step to sue the Public Service Commission on behalf of the citizens because of the increases they put out.  He discussed the concerns of the Board in connection with the spills.  Chairman Carey mentioned the residents should contact the State Legislature and the Public Service Commission.

The following spoke in regard to the noise ordinance and the horrendous noise problems caused by Action Church:  Debbie Smith, 1473 Hyde Park Drive (documents and photos received); Jeremy Eubank, 1426 Hyde Park Drive; Joanna Mercado, 1464 E. Brookshire Court (a video was unable to be displayed but it was requested it be circulated to the Commission offices – not received); and Jonas V. Pearson, 1380 Heavenly Cove (photo received).

Public Comment Forms for the above speakers were received and filed.

Commissioner Lockhart stated she would like to have a conversation with the Sheriff about the current ordinance and why it is interpreted that it cannot be enforced as it is.  Chairman Carey stated the Board worked closely with the Sheriff’s Department when that was created.  They are going to have a workshop on this, and the Sheriff’s Department needs to be included because they are the enforcer. 

Commissioner Lockhart commented that maybe in the meantime if the Sheriff does not feel comfortable enforcing the codes that they have written, maybe they need to talk about enforcing the Code for this particular noise ordinance until they can get something that he feels comfortable enforcing. 

Commissioner Lockhart said she is concerned about modifying policy at a flashpoint.  She understands this Church wants to express and worship in the way they deem appropriate for them, and she does not want to infringe upon that, but she finds it very hard to understand how they can allow this community and these families to be impacted by this.  She added she is very disappointed they have a faith-based organization in this community that has been approached multiple times by people who are deeply impacted by what they are doing. 

Commissioner Zembower opined the ordinance is very vague and leaves a lot to interpretation.  He talked about decibels and frequency measurements. 

Mr. Applegate advised he has had conversation with legal counsel for the Sheriff and he made it very clear that his Office does not tell the Sheriff what and what not to prosecute.  He knows that under Section 165.42 of the Code, there is a prohibition against sound amplification which creates a noise disturbance.  Noise disturbance is defined as a sound which is or may be harmful or injurious to the health, safety and welfare of any individual, or unreasonably interferes with the enjoyment of life, quiet comfort, or outdoor recreation.  He checked with the State Attorney’s Office and found that there have been dozens of prosecutions under their county ordinances.  Could the ordinance be drafted differently – absolutely.  Is there an issue about going against a church by a government as opposed to private individuals – absolutely.  Somebody mentioned the First Amendment before and that argument would be from the Church.  He thinks under the Code, if they want to charge the Church and bring in witnesses about kids being sick or rattling of windows or books falling off shelves, that is the Sheriff’s call to make until the ordinance is amended.

Chairman Carey questioned if the Sheriff decided they were going to enforce it, what is the enforcement.  Mr. Applegate advised they write a citation and the State Attorney takes it and if they are found guilty, they are in violation of the ordinance and will pay penalties and fines.  Chairman Carey said but until there is a court case brought by a private citizen, this could just continue to be a vicious cycle.  Ms. Guillet noted that even if they change the ordinance itself, they would still be in the same situation.  Commissioner Constantine stated it seems that the ordinance covers this, but no matter what they do, they can cite them and they can pay the fine and continue with the noise.  There should be some common sense to take care of your neighbor especially with churches; to have some compassion for your community partners.  He asked if there is something practical that they can do.  Mr. Applegate replied they stand ready with a draft ordinance.  They need to retain an expert to testify here when the ordinance is adopted. 

Upon inquiry, Commissioner Dallari stated he has not spoken to anyone at the church because he believes this ordinance should be designed holistically countywide and not be site specific.  He has spoken to the Sheriff’s Department quite a bit, but he has not spoken to the Sheriff himself.  He has no problem speaking to the pastor if that is what the Board would like him to do.

Chairman Carey recommended that they reach out directly to the Pastor as the district commissioner and to reach out to the Sheriff as the commissioner who is having an issue in his district.  She agrees that the rules they have on the books could be enforced; all of their ordinances are up to interpretation to that officer at that moment in time.  If they had more specific language about decibels and frequencies and they had the instrument to measure all of that, they can still only cite them.  It has not solved the problem for the people here.  Commissioner Dallari stated he will report back at the next BCC meeting.  Chairman Carey pointed out if all they are going to do is make a different ordinance and the result is a citation, then they can pay the fine, do it again, they don’t care, then the solution for the people is to file a civil suit against the Church.  She does not want the residents to think that adopting a new ordinance is going to be a fix for them, because it will not.

Commissioner Zembower remarked it is his understanding that several people have gone to speak with the Pastor or the Elders of the church and had conversation, and the problem continues.  It is also his understanding that the Sheriff’s Office has gone and had conversations, and then it just repeats.  Mr. Applegate indicated he suggested they continue the process of amending the ordinance.  In the meantime, he would proceed with trying to enforce the ordinance that is on the books and go from there.

Commissioner Lockhart questioned whether the Sheriff’s Office is the only citation issuer for their Code, and Ms. Guillet responded on this particular ordinance they are specifically designated.  If they are concerned about the time it would take to substantively change the ordinance, it may be worth having a discussion as to whether or not they simply change who can enforce the ordinance.  Commissioner Lockhart stated she thinks it is important to reiterate to this community that if you have a neighbor who refuses to be in compliance and be a good neighbor, there is no code or ordinance or law that this Board can draft that would necessarily make them all of a sudden decide to comply.  To her this is a heart issue as much as it is a decibel and a base issue. 

Chairman Carey pointed out that the one thing she thinks they can look at is if the Church is being used or promoted as an event center, that is not a church and that is part of the zoning.  If they are using this church for anything other than a church, that is a violation of the Code, so that is a zoning issue, especially if it is being advertised as such, and she said they have information that shows it is being advertised.  She asked Rebecca Hammock, Development Services Director, to look into citing them for a zoning violation.

Chairman Carey stated for clarification, Commissioner Dallari will reach out to the pastor and to the Sheriff, and she asked Ms. Guillet to schedule a workshop and include the Sheriff in that workshop.  Mr. Applegate asked if he has authority to work with the Sheriff’s Office on the draft ordinance, and the Board gave consensus.

Commissioner Lockhart noted there are people from the church in attendance who she hopes are listening intently to this conversation.  She thinks it is important to let them know that there is a bar in Commissioner Constantine’s district that has worked diligently to try to be a good neighbor, Wekiva Island, and she thinks that is an interesting juxtaposition.  Commissioner Zembower concurred stating they all have certain freedoms, but when that freedom that you are exercising impairs someone’s ability to enjoy a tranquil life, then there is an issue.  It is the Government’s place to ensure everyone has the ability to enjoy some reasonable, tranquil life.  Chairman Carey reiterated then that the stop force is going to have to be from a Judge.

NON-PUBLIC HEARING ITEM

Item #51 – 2019-1711

2019/2020 Reorganization of the Board

 

The gavel was surrendered to the County Attorney, Bryant Applegate, to act as temporary Chairman to the BCC. 

Commissioner Lockhart nominated Commissioner Zembower for Chairman. 

Motion by Chairman Carey to close the nominations for Chairman.

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

     Mr. Applegate passed the gavel to Commissioner Zembower who resumed the position of Chairman of the Board of County Commissioners for 2019/2020.

     Chairman Zembower opened the floor to nominations for Vice Chairman and nominated Commissioner Constantine for Vice Chairman, and Chairman Carey nominated Commissioner Lockhart for Vice Chairman. 

Districts 1, 2, and 3 voted AYE to elect Commissioner Constantine as Vice Chairman, and Commissioner Lockhart withdrew her name from consideration. 

Commissioner Carey stated, under those circumstances, it is a unanimous decision for Commissioner Constantine.  Chairman Zembower announced Commissioner Constantine is now Vice Chairman of the Board of County Commissioners for 2019/2020.

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve Chairman Zembower to execute all documents including the bank cards and statements.

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

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:07 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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