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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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
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:
Office of
Emergency Management
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
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
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.
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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