BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
December 11, 2018
The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, December 11, 2018, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.
Chairman Brenda Carey (District 5)
Vice Chairman Jay Zembower (District 2)
Commissioner Robert Dallari (District 1)
Commissioner Lee Constantine (District 3)
Commissioner Amy Lockhart (District 4)
Clerk of Court & Comptroller Grant Maloy
County Manager Nicole Guillet
County Attorney Bryant Applegate
Deputy Clerk Jane Spencer
County Attorney Bryant Applegate gave the Invocation and Commissioner Lockhart led the Pledge of Allegiance.
The Business Spotlight video for Bake Me a Cake was presented.
AWARDS AND PRESENTATIONS
Agenda Item #1 – 2018-1057
The Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting Award was presented to Grant Maloy, Clerk of the Court and Comptroller. Clerk Maloy advised that each year the Director of the Comptroller’s Office, Jenny Spencer, and her team begin the long, laborious process to put together a Comprehensive Annual Financial Report (CAFR) and then briefly described what the CAFR is. The Clerk noted that this Certificate of Achievement is the highest form of recognition in the area of government accounting and financial reporting. This will be 37 years that the award has been presented to the Seminole County Clerk’s Office, which makes it one of the top five offices in the state of Florida for receiving that award.
Clerk Maloy explained that the CAFR is a huge offer and takes a lot of partners. He thanked the County’s Graphics Department for their help with the cover that they do each year. He pointed out that they also work with the County Commission, the budget staff, County Management, various departments, the Constitutional Officers, the Port Authority, and the Law Library; and they all make it possible for the Comptroller’s Office to put the CAFR together. Clerk Maloy congratulated Ms. Spencer and thanked her and her team for their hard work.
Agenda Item #2 – 2018-1114
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve appropriate Resolution #2018-R-151 recognizing Barbara Hughes for 38 years of service to Seminole County Government and its citizens.
Districts 1, 2, 3, 4, and 5 voted AYE.
Ms. Hughes addressed the Board to express her appreciation.
Agenda Item #3 – 2018-1115
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve appropriate Resolution #2018-R-152 recognizing Todd Gaddy, Assistant Chief/Shift Commander, for 31 years of service to Seminole County Government and its citizens.
Districts 1, 2, 3, 4, and 5 voted AYE.
Mr. Gaddy addressed the Board to express his appreciation.
Agenda Item #4 – 2018-1096
Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve a Proclamation recognizing Senior Chief Yeoman Brenda J. Johnson as the December 2018 Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chief Yeoman Johnson addressed the Board to express her appreciation.
Agenda Item #5 – 2018-1097
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve Proclamation recognizing Senior Chief Petty Officer Casper Johnson as the December 2018 Veteran of the Month.
Districts 1, 2, 3, 4, and 5 voted AYE.
Senior Chief Petty Officer Johnson addressed the Board to express his appreciation.
COUNTY MANAGER’S CONSENT AGENDA
Nicole Guillet, County Manager, announced that there are four additions to the Consent Agenda. Item 24-A involves the termination of a utility easement for Park Lane Place; Item 30-A authorizes the County Manager to issue a Notice of Lease Termination for the Tourism Office; Item 30-B is a budget amendment related to the Workers’ Compensation Fund; and 36-A is a budget amendment related to the carryforward for capital projects. Ms. Guillet added that Item #18, a funding agreement with LYNX, is being pulled and will be brought back to the Board at a later date
Commissioner Dallari requested that Items #26 and #36-A be pulled for a separate discussion.
With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda and public input was closed.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to authorize and approve the following:
County Manager’s Office
6. Adopt and authorize Chairman to execute appropriate Resolution #2018-R-153 renaming Jit-Way to Jitway. (2018-1084)
7. Adopt and authorize Chairman to execute appropriate Resolution #2018-R-154 renaming Right-Way to Rightway. (2018-1083)
Economic Development Division
8. Approve and authorize the Chairman to execute the Master Services Agreement for Fiscal Year 2018-2019 between Seminole County and Orlando Economic Partnership, Incorporated in the amount of $406,490 for the purpose of providing economic development services in Seminole County. (2018-1067)
Office of Emergency Management
9. Approve and authorize the Chairman to execute the Memorandum of Understanding between Seminole County and Hispanic Family Counseling, Inc. for mental health counseling services inside emergency shelters during times of disaster. (2018-1116)
10. Approve and authorize the Chairman to execute the Memorandum of Understanding between Seminole County and T.A. Neeley, Inc. d/b/a River City Catering for Catering Services during Disaster Operations and Emergency Response. (2018-1117)
11. Approve and authorize the updated rates for Symetra, Seminole County's Stop-Loss insurance provider as updated and provided by Symetra for the period January 1, 2019, to December 31, 2019. (2018-1100)
12. Approve the improved payment agreement with the Pharmacy Program through Florida Blue; and authorize the County Manager to execute the required administrative agreement. (2018-1112)
Tourism Development Division
13. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-155 providing tournament personnel golf cart use on a specific segment of Lake Markham Road and South Sylvan Lake Drive for the Elite Clubs National League Tournament on December 29 through 31, 2018, and the ECNL Girl's National Soccer Event on January 11 through 13, 2019. (2018-1111)
14. Approve the appointment of Donna Walsh and reappointment of Latrice Stewart for a two-year term to the Board of Directors of the Local Health Council of East Central Florida, Inc. (2018-1118)
Community Assistance Division
15. Approve the funding recommendation in the amount of $143,756.64 for the continued support of the Impact Homelessness Fund with the Central Florida Commission on Homelessness for chronically homeless population; and authorize the Chairman to execute agreements with the subrecipient agencies as needed. (2018-1106)
Community Development Division
16. 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 2018. (2018-1105)
17. Approve and authorize the Chairman to execute the HOME Investment Partnerships (HOME) Program Agreement in the amount of $30,000 with Habitat for Humanity of Seminole County and Greater Apopka, Florida, Inc. for the development of two affordable housing units for homeownership. (2018-1104)
Planning & Development Division
18. Pulled from the Agenda the request to approve and authorize the Chairman to sign the Fiscal Year 2018-2019 Service Funding Agreement between Seminole County and the Central Florida Regional Transportation Authority (LYNX). (2018-1047)
19. Authorize the Chairman to execute the Satisfaction of Lien for Code Enforcement Board Case #12-110–CEB, at 230 Lake Destiny Trail, Altamonte Springs, Tax Parcel #22-21-29-507-0H00-0140, previously owned by Bank of New York Mellon, currently owned by Stacy L. Davis. (2018-1078)
20. Authorize release of Performance Bonds (Private Road, Streets, and Drainage) #60121238 in the amount of $852,768.31 and Performance Bond (Water and Sewer) #60121239 in the amount of $274,737.47 for Clifton Park Phase 2 subdivision; Beazer Homes, LLC, Applicant. (2018-1081)
21. Authorize release of Performance Bond (Road, Streets, and Drainage) #60123313 in the amount of $233,073.59 for Bay Meadow Farms at Longwood subdivision; M/I Homes of Orlando, LLC, Applicant. (2018-1082)
22. Authorize release of Maintenance Bond (Streets, Curbs, and Storm Drains) #SU1140629 in the amount of $1,802.61 for Mitchell Creek subdivision; Beazer Homes, LLC, Applicant. (2018-1085)
23. Authorize the Chairman to execute the Infrastructure in Right-of-Way Maintenance Agreement between Seminole County and The Master's Academy. (2018-1092)
24. Authorize the release of Maintenance Bonds for Water & Sewer Facilities, Cash Maintenance Bond with Escrow Agreement, and Maintenance Agreement with Letter of Credit for the following:
(1) Hobby Lobby #106538292 in the amount of $8370;
(2) La Amistad # B1-10113a in the amount $1,000;
(3) Lake Sylvan Oaks #347022432-L005 in the amount of $16,897;
(4) Seranza Park #60000006303-1 in the amount of $9,362.40;
(5) Tuskawilla Estates #024068701 in the amount of $38,219.52; and
(6) WaWa SR46 Check #950 in the amount of $1,163.50; Aloma Trail #58732478 in the amount of $20,270.46; and Bellevue #1961796M in the amount of $36,052.67; were previously released on April 10, 2018. (2018-1068)
24A. Approve the Termination of the Utility Easement for the project known as Park Lane Place. (2018-1120)
25. Approve and authorize the Chairman to execute a First Amendment to Certificate of Public Convenience and Necessity (COPCN) for Advent Health d/b/a Advent Emergency Medical Services and Advent Health Flight 1. (2018-1119)
26. Pulled for a separate discussion.
27. Approve and authorize the Chairman to execute the State Aid to Libraries Grant Agreement and Certification between the State of Florida, Department of State, and Seminole County Board of County Commissioners for and on behalf of Seminole County Public Library System in anticipated acceptance of monies in State Aid to Library funds for library-related operating expenses and approve the attached annual plan of service. (2018-1107)
28. Approve and authorize the Chairman to execute the Recreational Trail Use and Maintenance Easement between Seminole County and the School Board of Seminole County for the Cross Seminole Trail Missing Link. (2018-1080)
29. Approve and authorize the Chairman to execute a Wetland Mitigation Agreement in the amount of $604,500 to comply with the St. Johns River Water Management District (SJRWMD) mitigation requirements for issuance of an environmental resources permit for the New Oxford Road Project. (2018-1089)
30. Approve and authorize the Chairman to execute an Agreement of Purchase and Sale of Mitigation Credits with William L. Colbert for up to $230,000 to comply with the St. Johns River Water Management District (SJRWMD) and the United States Army Corps of Engineers (USACE) mitigation requirements for issuance of environmental resources and USACE permits for the New Oxford Road Project. (2018-1103)
30A. Approve and authorize the County Manager to issue a Notice of Lease Termination with George P. Jackson, PA, for the Tourism Lease. (2018-1124)
Budget & Fiscal Management
30B. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-156 implementing Budget Amendment Request (BAR) #18-085 in the amount of $463,155 through the Worker's Compensation Fund reserves to provide additional funding for Workers’ Compensation outstanding claims liability. (2018-1123)
31. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-157 implementing Budget Amendment Request (BAR) #19-010 through Neighborhood Stabilization Program 1 (NSP1) in the amount of $50,010 resulting from repayment of Purchase Assistance for Fern Lee Spencer sale of property. (2018-1099)
32. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-158 implementing Budget Amendment Request (BAR) #19-011 through the Solid Waste Fund in the total amount of $222,193 to appropriate $177,000 in Florida Fish and Wildlife Commission grant funding and $45,193 in reinvestment revenues from the sale of bear-resistant trash cans. (2018-1079)
33. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-159 implementing Budget Amendment Request (BAR) #19-012 in the amount of $984,056 through the Economic Development Fund to carryforward the Job Growth Incentive (JGI) and Qualified Target Industry (QTI) unexpended project funds from the FY 2017-18 Budget to the FY 2018-19 Budget. (2018-1098)
34. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-160 implementing Budget Amendment Request (BAR) #19-013 through various funds in the amount of $10,838,257.36 to carryforward available grant balances from FY 2017-18 to FY 2018-19. (2018-1108)
35. Approve and authorize the Chairman to execute appropriate Resolution #2018-R-161 implementing Budget Amendment Request (BAR) #19-014 through the Community Services Block Grant (CSBG) fund in the amount of $28,655.74 to carryforward grant balance from FY 2017-18 to FY 2018-19. (2018-1109)
36. Approve and authorize the Chairman to accept a grant award and execute appropriate Resolution #2018-R-162 implementing Budget Amendment Request (BAR) #19-015 in the amount of $20,000 from the Friends of the Wekiva River, Inc. for the Wilson's Landing Erosion Control and Rain Garden Project. (2018-1101)
36A. Pulled for a separate discussion.
37. Approve and authorize the Chairman to submit the Emergency Medical Services (EMS) Trust Grant Resolution #2018-R-164 and Application in the amount of $73,367 from the Department of Health to be used for the purchase of safety transport equipment for children and adults for the County's EMS services. (2018-1086)
Purchasing & Contracts Division
38. Award RFQ-603240-18/TLR, Mobile Concession Services Agreement, to Theodore Williams, III d/b/a Garden Dog, Sanford; authorize the Purchasing and Contracts Division (PCD) to execute the Agreement; and allow PCD to execute future Agreements for these services within the same parameters of this Agreement. (2018-1076)
39. Approve a one-time increase to the estimated annual usage amount for PS-9738-14/JVP, General Environmental Consulting Services; approve Work Order #30 (Implementation of Remedial Action Plan Modification (RAPM) for Rolling Hills Golf Course) with E Sciences, Inc. of Orlando in the amount of $246,678.82; and authorize the Purchasing and Contracts Division to execute the Work Order. (2018-1088)
40. Approve renewal of the County’s Workers’ Compensation, Property, Casualty Package, Boiler and Machinery, Cyber and Internet Liability, Pollution Liability, Aviation Liability, and Federal Flood Insurance Programs for calendar year 2019 with authorization to bind coverages effective January 1, 2019. (2018-1102)
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #26 – 2018-1054
With regard to funding for the United Arts, Commissioner Dallari stated he is fully supportive of the arts and is okay with the total number. The Commissioner questioned why they are using United Arts as a pass-through and not just giving the money directly to Wayne Densch Performing Arts Center or the Seminole Cultural Arts Council. He pointed out that the increase in additional funding is going to United Arts and he would think it would be increased equally across the divisions instead of just included in the Arts. Commissioner Constantine stated he has similar concerns but not necessarily the pass-through (although that is something they do need to discuss). He pointed out they did have an increase of about $2,500 and the request that they received was that all of that money would go to United Arts as additional money for administration. He stated if the Board is going to give the funds, he thinks the $2,500 should be distributed equally and not percentage-wise as the particular request. The Commissioner believes that instead of redistributing the funds themselves, they should postpone this, send it back to the United Arts director with a suggestion that they redistribute it accordingly percentage-wise, and then have them bring that back to the Board. He believes they need to send a message to them that if there is additional money, it should not just go to administration but rather should be distributed equally and that Seminole County is still a partner in this and is watching.
Chairman Carey stated she also had a concern about Item #26. She explained that Seminole County does a per capita funding for the arts and she believes the reason the funding goes through United Arts is because they are able to take that money and use it to get other grants because they can show they have those contributions made through them for the distribution. The Chairman pointed out there was nothing in the Agenda Item that showed what was administrative and what was something else and she would like to see what the administrative cost is. What United Arts has done historically was whatever the remaining money there was, they used it for smaller individual grants. She reiterated that she would like to know what is happening with the excess funds and confirm the reason the County would still send the funds through them is so they can parlay that money.
Commissioner Lockhart requested they add a little more information. She believes each one of the Commissioners has had an opportunity to speak with folks in the community about this and it is a concern because the arts are so important. The County wants to make sure the money that they have is being used in the best way that it can. The Commissioner stated she has learned recently that Seminole County is no longer included in the United Arts annual campaign and wanted to make sure that is the case; Commissioner Dallari confirmed that is the case. Commissioner Lockhart advised it concerns her that they would continue to use United Arts as the pass-through if Seminole County is not even included in the annual campaign.
Chairman Carey asked Commissioner Constantine (the County’s representative on the United Arts board) if he has any information about that. Commissioner Constantine recognized that the chairperson for United Arts was present and suggested they may want to hear from her. He noted there is a United Arts meeting tomorrow and he was going to present this item back (if approved by the Board) to the United Arts director and suggest they look at the item and redistribute it.
Chairman Carey advised that it sounds like there is enough interest to continue this item, let staff take it back, and let Commissioner Constantine bring these issues up at the United Arts meeting tomorrow.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to continue to January 8, 2018, a request to approve a Funding Agreement between Seminole County and United Arts of Central Florida, Inc. in the amount of $137,282 reflecting $.301879 per capita funding as part of the 2018-2019 budget.
Under discussion, Commissioner Dallari requested that staff bring back the items that were addressed today including the pros and cons of giving the money directly to groups or continuing to go through United Arts. He would also like to understand what the administrative costs are for. Chairman Carey stated she would like to understand why Seminole County is not included in the campaign.
Districts 1, 2, 3, 4, and 5 voted AYE.
Consent Agenda Item #36-A – 2018-1121
With regard to Budget Amendment Request (BAR) #19-016 to carryforward unexpended project budgets, Commissioner Dallari stated he has no problem adopting this as presented to the Board but he wants to have a conversation with the Board members regarding the carryforward. He stated his biggest issue with the carryforward is in regard to the Public Works Department and noted there is a carryforward of $133,000,000. Regarding the information presented, he would like more information concerning the status of each one of the projects so the Board can better understand where the project is at and when they will be completed. Chairman Carey pointed out they have had some issues with closeouts as well. She advised this is a budgetary item and the Board would like to see another line item put on as to where the projects are in the process of being completed. Commissioner Dallari stated it is not just completion; he wants to know the percentage of completion, when the due date is, and when the closeout is. Ms. Guillet advised that staff does quarterly reports for the Commissioners on the sales tax funds and suggested they do a similar report on the Environmental Services capital projects as well.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute appropriate Resolution #2018-R-163 implementing Budget Amendment Request (BAR) #19-016 to carryforward unexpended project budgets in the amount of $211,745,023.42 from FY 2017-18 to FY 2018-19 with the caveat that staff will bring back a quarterly update of the status of both Public Works and Environmental Services projects. (2018-1121)
Districts 1, 2, 3, 4, and 5 voted AYE.
CONSTITUTIONAL OFFICERS’ CONSENT AGENDA
Clerk & Comptroller’s Office
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve the following:
41. Approve Expenditure Approval Lists dated October 29, November 5, 13, and 19, 2018; and Payroll Approval Lists dated November 1 and 15, 2018; and the BCC Official Minutes dated October 9, 2018. (2018-1110)
Districts 1, 2, 3, 4, and 5 voted AYE.
The Board noted, for information only, the following Clerk & Comptroller’s “Received and Filed”:
1. Florida Public Service Commission Notice of Proposed Agency Action Order Approving Duke Energy Florida LLC’s Standard Offer Contract and Related Tariffs #PSC-2018-0314-PAA-EQ re: Petition for approval of amended standard offer contract (Schedule COG-2) based on combustion turbine avoided unit by Duke Energy Florida LLC, Docket #20180073-EQ, issued June 19, 2018.
2. Florida Public Service Commission Tariff Order #PSC-2018-0547-TRF-GU re: Joint petition for approval of GRIP cost recovery factors by Florida Public Utilities Company, Florida Public Utilities Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation, Docket #20180163-GU, issued November 19, 2018.
3. Florida Public Service Commission Consummating Order #PSC-2018-0498-CO-EI re: Petition for limited proceeding for approval of a smart peter opt-out tariff by Duke Energy Florida, LLC, Docket #20180088-EI, issued October 16, 2018.
4. Tourist Tax Funding Agreement with A-Game Baseball Inc. for CFO Fall Championship.
5. Tourist Tax Funding Agreement with Central Florida Youth Tackle Football League, Inc. for AYF Southeast Regionals.
6. Tourist Tax Funding Agreement with Proswings.com LLC for Power 50 Invitational.
7. Tourist Tax Funding Agreement with Headfirst Baseball, LLC for Honor Roll Camps.
8. Parks Contracts for Services with Michael Binz, Adam Skelton, and Antoinette Basque.
9. Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital for the project known as Florida Hospital Emergency Department.
10. Development Commitment Agreement #18-205000014 for Cameron Heights Village A; American Land Investment of Celery Avenue, LLC.
11. Development Orders (3) for Alcoholic Beverage License: #18-27500037, The Hummus Corner, 677 North Hunt Club Boulevard (Shoppes of Sweetwater, Inc.); #18-27500038, El Gordo Tacos & Café, Inc., 1495 S. Highway 17-92 (Angel and Niva I. Gonzales); and #18-27500041, WAWA #5280, 4256 Aloma Avenue (Golden Arrow WPP, LLC).
12. Development Order #18-20500039; Addendum #6 to the Cameron Heights Planned Development; Sona H. and Ara S. Manjikian (Village D) and Seminole2 Inv. LLC (Village J).
13. Recording of Plats and Title Opinion Letter for Strive at Fern Park (Final Plat); Estapona Senior Living, LLC.
14. Board of Adjustment Approval Development Orders #18-30000076, 200 South Lakewood Circle, Rachel Villagomez and Bryan Bardes; #18-30000077, 4730 Nolan Road, Barbra Parker; #18-30000078, 1198 Saddlehorn Circle, Philip J. and Kathryn J. St. Onge; #18-30000079, 209 Dublin Drive, Edward Rosa and Yuki Foster; #18-30000080, 311 Maple Tree Lane, Robin L. and Bruce L. Beal; #18-30000081, 1940 Carrigan Avenue, Sarah L. Dunlop; #18-30000082, 6039 Linneal Beach Drive, Leon and Lori Mills; #18-30000083, 1156 Homeward Lane, Ivan Sorokoumov and Alexey Kryuchkov; #18-30000084, 324 Wolfberry Lane, Taffazal Gafoor; #18-30000085, 770 Harney Heights Road, Dustin and Leeann Carter; #18-30000086, 298 South Fox Chase Point, Alvin and Joanne Vicioso; #18-30000087, 3301 Main Street, Reginald Lowery; #18-30000088, 1595 Thornhill Circle, Greg and Linda Scarcelli; #18-30000089, 182 Jay Drive, Israel and Nilda Martinez; and #18-30000090, 99 Frances Circle, Andrew and Bethany James.
15. ESG Subrecipient Agreement with Seminole County Victims’ Rights Coalition, Inc. for Program Year 2018/19; as approved by the BCC on 7/24/18 under the 2018/19 One-Year Action Plan.
16. Community Services Funding Agreements for Fiscal Year 2018/2019 for Seminole County Bar Association Legal Aid Society; Boys & Girls Clubs of Central Florida, Inc.; IMPOWER; Meals on Wheels; Seminole County Victims’ Rights Coalition, Inc. d/b/a SafeHouse; and Kids House; as approved by the Board of County Commissioners on August 14, 2018.
17. SAMHSA Adult Drug Court Services Agreements for Program Years 2018/2019 through 2022/2023 for Eighteenth Judicial Circuit Court in and for Seminole County; Aspire Health Partners, Inc.; New Life Connections, Inc.; United Safety Council, Inc.; Hope and Help Center of Central Florida, Inc.; and Brooke Research & Consulting, LLC; as approved by the Board of County Commissioners on August 28, 2018.
18. IFB-603276-18, Term Contract for Purchase of Sodium Hydroxide for the Water Treatment Facility, with Allied Universal Corporation.
19. PS-1946-18, Agreement for Seminole County Environmental Services Ecological Support Program (SCES), with Environmental Science Associates Corporation, as approved by the Board of County Commissioners on September 25, 2018.
20. PS-1998-18, Master Services Agreement (3) for General Environmental Services, with E Sciences, Incorporated; Environmental Consulting & Technology, Inc.; and Environmental Science Associates Corporation; as approved by the Board of County Commissioners on October 9, 2018.
21. Work Order #23 to CC-0559-15 with Central Florida Environmental Corporation.
22. Change Order #1 to Work Order #2 to CC-1391-17 with Ryan Fitzgerald Construction, Inc.
23. Closeout to CC-1498-17 with Carr & Collier, Inc.
24. Change Order #1 to CC-1875-18 with CTR III Enterprise Inc. d/b/a CEG.
25. Change Order #1 to CC-1966-18 with Glen Holt Aluminum LLC.
26. Closeout to Work Order #13 to CC-9184-13 with Affordable Development, a division of Driveways, Inc.
27. Work Order #37 to PS-0009-15 with Inwood Consulting Engineers, Inc.
28. Work Order #38 to PS-0009-15 with Pegasus Engineering, Inc.
29. Work Orders #10 and #11 to PS-0157-15 with S2L, Inc.
30. Work Order #5 to PS-1320-17 with Southeastern Surveying and Mapping Corporation.
31. Work Order #4 to PS-1529-17 with Albeck Gerken, Inc.
32. Work Order #1 to PS-1709-18 with E Sciences, Inc.
33. Work Order #1 to PS-1832-18 with Tierra, Inc.
34. Amendment #7 to Work Order #2 to PS-4202-09 with Dewberry Bowyer-Singleton.
35. Amendment #8 to Work Order #108 to PS-5120-02 with Atkins North America, Inc.
36. Amendment #1 to Work Order #26 to PS-8286-13 with Kittelson & Associates, Inc.
37. Amendment #2 to Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc.
38. Work Order #11 to RFP-1294-17 with M&J Enterprises International, Inc.
39. Work Order #11 to RFP-9601-14 with Revere Controls Systems, Inc.
40. Twelfth Amendment to RFP-600933-10 with Konica Minolta Business Solutions USA, Inc.
41. First Amendment to RFP-602671-16 with The Balmoral Group, LLC.
42. Bids as follows:
RFP-603224-18 from Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA; Florida Alliance Consulting, LLC; GrayRobinson, PA; Ronald L. Book, PA; Southern Strategy Group of Orlando, LLC; JEJ & Associates, Inc; PinPoint Results, LLC; Peebles, Smith & Matthews, Inc.; and
PS-2101-18 from Kessler Consulting, Inc.; HDR Engineering, Inc.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve the following:
42. Approve appropriation of $190,000 from the Local Law Enforcement Trust Fund for Fiscal Year 2018-19 to provide funding to various support organizations within the community to assist in crime prevention, safe neighborhoods and programs for at-risk populations. (2018-1094)
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey recessed the meeting at 10:20 a.m., reconvening it at 10:25 a.m.
Agenda Item #43 – 2018-1087
Ray Hooper, Purchasing and Contracts Division Manager, addressed the Board and advised that RFP-603224-18 will provide State Legislative and Governmental Lobbying Services. In response to this solicitation, the County received eight proposals; and the Evaluation Committee evaluated these proposals and short-listed five firms. Mr. Hooper stated the original proposals submitted from these five top firms were submitted to the Board via a memo on November 18, 2018. The comments from the Evaluation Committee are contained in the backup of this Agenda Item #43. Staff is requesting that the Board hear the presentations and then discuss and rank each of the short-listed firms. Mr. Hooper explained how the ranking process will work.
The presentation for Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA, was displayed and reviewed. Cari Roth addressed the Board and discussed the experience of the six members of her team. Ms. Roth pointed out that any relationship is fostered on good communications and talked about how her firm is very knowledgeable about the issues presented to county government. Her firm currently represents Lee, Manatee, and Charlotte counties, and the firm has been active with the Association of Counties. They are “up” on the big statewide issues.
Ms. Roth stated the Board has some very good firms present today and she believes everybody here today has great knowledge of the legislative process and the leaders and their staff at both the Legislature and the Agencies. She talked about how her firm’s knowledge about the different governmental programs distinguishes them from other firms. Ms. Roth reviewed her firm’s experience with local government issues, environmental issues, economic and business development issues, and Home Rule protection issues. She talked about their experience in securing quality of life improvements for local governments.
Peter Dunbar addressed the Board and summarized the presentation. Mr. Dunbar emphasized that the team from Dean Mead has extensive experience and they have all been either a part of the executive or legislative branch of government at some point during their careers. That experience allows them to not just have the knowledge process that is formally out there and available but also the informal protocols that drive the process and are also a part of the decision-making process. Mr. Dunbar pointed out that it allows them to be timely and effective on behalf of the advocacy for their clients; it lets them be creative for the benefit of their clients; and it lets them try to achieve unique and individual solutions for their clients.
Mr. Dunbar stated the firm does have an internal limitation that is self-imposed so they do not overextend themselves and are available to provide consistent and comprehensive advocacy for their client base. He concluded by saying the Board’s choices this morning are all good and his firm does appreciate the Board’s willingness to let Dean Mead be considered among the others.
With regard to questions, Commissioner Lockhart stated she will be asking this question of all of the firms. The Commissioner stated there are opportunities where different lobbying firms have clients that may want the firm to represent them before this body. It is not uncommon in some instances to have lobbying firms who want to lobby their client on behalf of other clients. Commissioner Lockhart asked Mr. Dunbar if that is something that he intends to do. Mr. Dunbar advised that Dean Mead never does that and has never done that in the other local government representations that the firm has. They make it a policy in their firm not to do that. Mr. Dunbar stated they represent the County and do not ever take a position to be in a contrary position or to take advantage of that role.
With regard to their private practices, Commissioner Zembower asked how much time is devoted to lobbying versus their own private practice. Mr. Dunbar stated they all do maintain a practice base apart from the Legislature; but for the governmental affairs unit, which is a good part of the Tallahassee office, lobbying is their priority at all times. He talked about how he teaches at the law school in the off season and mentioned his legal expertise is primarily in multifamily housing and condominium and mandatory homeowners associations. Mr. Dunbar stated they carry that expertise, much like French Brown does in tax or Ms. Roth does in development and land planning, into the legislative arena and is part of what credentials them and often they are asked for that expertise in the presentation. Mr. Dunbar reiterated they all do that; but the legislative priority during the legislative season (which is the interim committee, the full legislative session, and the veto period) is always their priority.
Commissioner Constantine pointed out that Mr. Dunbar has seen Seminole County’s potential legislative priorities and noted that in many cases they are similar to other local government clients. The Commissioner talked about Seminole County also having a unique concern and pointed out that it is something that is extremely important. Last year there were certain individuals that tried to put an amendment onto larger omnibus bills that had to do with growth management or community development that tried to basically throw out Seminole County’s voter initiative regarding the Rural Boundary. Commissioner Constantine stated he believes there is going to be a “run” on this again. He asked Mr. Dunbar what puts him in a unique position to counter that challenge. Mr. Dunbar stated their relationships are always important. He added that he does expect that legislation back again. It is part of a more comprehensive package that has now been a part of the debate for the last three years. Mr. Dunbar stated the objective is to try and make sure they have created an awareness of what is being done among the policymakers in an effort to make sure that the County’s objective is met and not overrun by a surprise or a preemption.
Commissioner Constantine asked Mr. Dunbar what makes him unique in feeling that he can counter this and stop it. Mr. Dunbar explained that this deals with an area of expertise that his firm understands, what it is and how it is disruptive. Then the question becomes how good are your contacts among the leadership tier to try and prevent that from making it through the process. One of the places that his firm works pretty extensively is the judiciary committee in both houses. This is an issue that is likely to be there and also in the community-affairs-related committees. Mr. Dunbar reminded the Board that Ms. Roth is the former general counsel of that department.
Commissioner Dallari noted that in the presentation Ms. Roth advised that the firm is very involved with local governments around the state as well as the State legislators and is aware of the big issues that are going to be addressed in the state when it comes to Home Rule. The Commission requested that Mr. Dunbar talk about some of those issues that are coming up that he feels will be important to the County. Mr. Dunbar stated there has been in the recent years an assault on Home Rule powers. He mentioned some of his other clients and relayed an example of a preemption of local governments' ordinances that dealt with the rental property in the Airbnb arena. The two clients that they had at the time were both exempt from that. The Legislature tried to move election cycles in a way that would have been prejudicial to one of their other clients and a proposed renewal of a sales tax penny. When the first legislation did not pass the first time and when it did pass the final time, the concern of their client was preempted and they were exempted from that process.
Mr. Dunbar explained that it falls into two categories. His firm works routinely with both the Florida League of Cities and the Florida Association of Counties. That is part of the network that is there as well as the lobbyist for the other major counties. They also provide or try to provide as best they can an individual focus for their clients so that the impacts of this sort of assault on local governments does not fall on them.
Chairman Carey noted that in the materials regarding experience, it is stated they have acquired millions of dollars for funding in Sarasota County and Charlotte County for septic tank replacement programs and requested that Mr. Dunbar talk about how much money the firm was able to secure for them. Mr. Dunbar stated given the last campaign cycle and the issues that have surfaced both around the lake and in other places, he believes that is going to be a top priority going forward. He requested that Ms. Roth address the Chairman's question. Ms. Roth explained that it was done over successive years and often with continuing phases of projects. The individual amounts varied from $600,000 to $1.2 million for each project. She advised that she hasn't totaled them all up but she believes it is probably in the range of $10 million over time.
Chairman Carey asked if the programs are still ongoing and being funded and were they funded over multiple years. Ms. Roth stated there will be additional phases that will be requested this coming year and they were funded last year. She advised that there has been some discussion about trying to create a dedicated funding source for local government matching programs for septic to sewer. It is a problem in many places; and in many places the areas that are most affected are lower income, are the older communities that each county has, and are the least able to afford the cost themselves.
Chairman Carey asked Mr. Dunbar to confirm that if his firm is the lobbyist for Seminole County, they will not be here trying to be lawyers for people that are coming before the Board; and Mr. Dunbar told the Chairman that is absolutely correct.
Florida Alliance Consulting, LLC
The presentation for Florida Alliance Consulting, LLC, was displayed and reviewed. Alex Setzer addressed the Board and thanked them for the last four years that he has had the opportunity to represent Seminole County. Mr. Setzer briefly described some of his accomplishments and gave a short history of his firm. He talked about the differences between small firms and large firms and detailed the benefits of a smaller firm.
With regard to his approach, Mr. Setzer pointed out it is important to have a strong understanding of the legislative process, the personalities at play, the priorities of leadership in each chamber, the priorities of each committee and what they want to get accomplished, and also the behind-the-scenes of what is occurring. He stated he believes he has demonstrated that he knows how to do that and will continue to do that on Seminole County’s behalf. Mr. Setzer continued his review of his approach and talked about his deep connections across the state and the fact that the Florida Legislature is a year-round process. He mentioned his strong working relationships with the local delegation, leadership, and Seminole County Government.
With regard to qualifications and experience, Mr. Setzer reviewed the list of Seminole County Budget Successes and noted they have done just over $6 million for the County in the past four years. He discussed the very strong win they had in Jetta Point and added that he believes Oscar Anderson, with Southern Strategy Group, was very instrumental in helping in the process and appreciated Mr. Anderson’s partnership on that.
With regard to Areas of Opportunity, Mr. Setzer explained that he has been involved with the Department of Juvenile Justice Repayment of Funds for four years. He pointed out that they have to date raised $3 million of the $4 million and then talked about the work he has done and is doing to get the money that the County is owed into the budget. Mr. Setzer discussed the work needed regarding Homelessness in Seminole County.
With regard to Potential Threats, Mr. Setzer stated they all know that Home Rule attacks have been occurring. He believes the attacks will be slightly less this year but would caution the Board not to think the attacks will be going away. Current leadership is not much different than the leadership they have seen in the last two years; so he does strongly believe they will see some Home Rule attacks. Mr. Setzer advised that the Senate has traditionally held the line in these areas but they have lost a lot of strong advocates in the Senate for local governments. With that line of defense being diminished and knowing where the House has been in recent years, he thinks it is imperative that they tee their local delegation up and work incredibly hard, especially on the Senate side, to ensure that these Home Rule attacks are met with strong resistance. He discussed the River Cross Development and suggested it will be coming back in a more organized manner. He believes it will show up on the House side and have much stronger support than it did last year and they will have to work incredibly hard on the Senate side to fight this.
Mr. Setzer closed by stating he believes he has a proven track record for Seminole County. He thinks his passion shows and he works incredibly hard. Representing Seminole County in the Legislature is his sole focus. He mentioned his strong connections across the state, especially in leadership and with the local delegation. Mr. Setzer stated he will not be concentrating on other local governments; Seminole County will be the local government that he works for.
With regard to Commissioner Lockhart’s previous question, Mr. Setzer stated he does from time to time bring clients before the Board. He has worked with the legal office and the County Manager and always conflict-check anything he does with them. On numerous occasions, he has turned down what would be lucrative contracts because it was brought up that there might be a conflict. Mr. Setzer advised that there will be times that he comes before the Board and asks to do that. He stated that it is his intention to continue to do that; but, as always, he will have the conflict checked out and has no problem saying no to prospective clients.
Commissioner Constantine asked Mr. Setzer to answer the same question that he asked Dean Mead. Mr. Setzer replied that he thinks that he did a phenomenal job last year of really gearing up the local delegation. He stated lobbying is very much like being the quarterback and moving the ball to the one-yard line. At that point, it is up to the local delegation and to members to punt into the end zone. He explained that members of the Legislature do not have all of the time in the world to track every single issue and play defense everywhere and push appropriations. Regarding this particular issue, he believes they will see it much earlier in session; everyone knows it is coming. He has the experience of last year of beating it back; and he believes he knows where the vote count probably is now, knows where leadership probably is on the House side on it now, and understands what they have to do as a strategy moving forward to defeat this. Mr. Setzer stated he will work vigorously and thinks that being from this district helps him. He talked about how his strong relationships in the Senate from the House side will also help.
The presentation for GrayRobinson was displayed and reviewed. Chris Carmody addressed the Board to introduce his firm and explained that they are a lobbying team first. He pointed out that they are not going to court or going to depositions and worrying about that; they are here worrying about the County’s issues and just happen to be located within a law firm. Mr. Carmody then introduced the different members of the team.
Robert Stuart addressed the Board to talk about some of the firm’s relationships that he thinks are key to representing the County, if the firm is selected. Mr. Stuart advised that GrayRobinson thrives on behalf of their clients at the intersection of the law and politics and they believe that is something that sets their firm apart. He discussed the firm’s relationships with Governor-Elect DeSantis, Senate President Bill Galvano, Speaker of the House Jose Oliva, Senate Minority Leader Audrey Gibson, House Minority Leader Kionne McGhee, and Chief of Staff Shane Strum. Mr. Stuart stated that it is important to have relationships and activity at the State Agency level on behalf of their clients as well and mentioned that the firm is well aware of the issues this County has faced with the Department of Juvenile Justice. That is an issue that on behalf of other clients they were very heavily involved with on the legislative side dating back a few sessions ago. Some of the issues they have worked on relate to the Department of Transportation, SunRail in particular, water management districts, DEO, and EFI. Those are places he thinks the firm can have an impact for the County in the years ahead.
With regard to the Local Delegation, Katie Flury addressed the Board and talked about how she is familiar with the local delegation and with the community and the issues that are important to Seminole County. Ms. Flury stated she has been working with Senator Simmons since her prior days as a legislative assistant and added that the rest of the team has been working with the Senator throughout his legislative career dating back to his days in the House prior to being elected into the Senate.
Michelle Ertel addressed the Board and advised she is a Seminole County resident and her family has roots here. Ms. Ertel stated what she can tell the Commissioners about GrayRobinson is that if they are looking for transparency and integrity, GrayRobinson is the firm. She remarked that she is very proud to be associated with them.
Dean Cannon addressed the Board and stated he and his firm would be honored to have the privilege to serve as the County’s lobbyist. Mr. Cannon explained that the appropriations process is not only a critical part (if not the most critical aspect) of any lobbying engagement but it is also one of the most nuanced and complexed processes in Tallahassee. He talked about one of his first experiences as a lawyer and lobbyist, which was working on water and wastewater appropriations and water supply issues for Marion County in the late ‘90s. Commissioner Creedle from Marion County and he went to the Legislature and they both had the privilege of serving as Speaker of the House during probably the four worst years in the modern budget climate.
With regard to Funding, Mr. Cannon explained that you learn during the appropriations process that the Speaker and the Senate president not only appoint all committee chairmen but they negotiate the allocations so you have a special way of looking at local government appropriations. One of the things he thinks his team is uniquely suited to bring is not only that expertise in appropriations and the messaging, timing, and access issues that they offer as former members and former presiding officers but also the ability to defend against vetoes. He stressed that if you start with avoiding the veto in mind, you can avoid the disappointing experience of getting it all of the way through the general appropriations act and then losing it on the veto end. He added that his firm has had a hand in over $800 million in appropriations during the last two sessions and they look forward to carrying that forward into the next session.
With regard to issues concerning Community Benefits, Mr. Cannon talked about how the GrayRobinson team crafted the enabling legislation for SunRail and jointly helped get it through the legislative process. He pointed out they are coming up on the critical time when the State is going to turn it over to the local governments. Whether or not that punch list gets completed and whether or not the State allocates the proper funding items to them or to the locals will be of critical importance for Seminole County. He believes there is no team better suited to the legal, political, and appropriations aspects of how that turnover process happens and who has the ability to make sure that Seminole County's interests are protected in the process. Mr. Cannon talked about several additional projects that the firm has worked on.
With regard to Business Development issues, Mr. Stuart mentioned the Florida Job Growth Grant Fund. He advised that receiving appropriations or money from the State is not only about the Legislature. They have been thrilled over the last budget cycle and the current budget year to have played a role in five of the Florida Job Growth Grant Fund projects that have been awarded totaling more than $23 million, which is nearly a fifth of all of the funds appropriated by the Governor's Office under that program.
With regard to Environmental issues, Mr. Carmody advised that everyone knows that environmental appropriations and water projects are of critical importance in Seminole County. He stated they are very familiar with that budget silo and familiar with the stakeholders, both at the staff and legislative levels and the Governor's Office. On the Water Successes slide, he highlighted the success they had locally in the Florida Keys and advised the firm was part of the team that brought in $50 million for their wastewater treatment plan. Mr. Carmody reiterated that it is important to know the budget silo and know how to work with staff to get projects through. His firm was critically involved with the River Cross project with Oviedo. They are familiar with some of the septic tank issues going on in the county. He discussed other environmental issues such as Lake Jesup and Rural Boundaries, which goes with the River Cross project.
Dr. Kim McDougal addressed the Board to talk about the firm's Home Rule approach. Dr. McDougal stated if GrayRobinson is fortunate enough and Seminole County hires them, they will help the County oppose any attack on Home Rule. They will help the County oppose unfunded mandates, attacks on diminishing local revenues, and the 2019 legislative priorities and issues. Dr. McDougal discussed the AT&T 5G Bill and the Tourist Development Tax. They also represent the Florida Association of Counties. With regard to Increases in Qualify of Life issues that the firm has worked on, Mr. Carmody talked about the cigar convention, the City of Ocoee air rights, the infrastructure tax issues for Lake County, the liquor license issue in Orlando, and homelessness and IDignity. He stated they view it as problem-solving and coming up with creative solutions to work tirelessly on behalf of Seminole County.
Commissioner Lockhart asked Mr. Carmody what his firm's relationships will be outside of representing the County, and Mr. Carmody responded that GrayRobinson obviously represent matters before their various city and county clients. He used Orlando as an example and stated they both lobby for them and represent groups before them from time to time. With any of those particular activities, they always run it through the County Attorney and the County Manager and any protocol that is put in place. As a law firm, they take that very seriously and don't want to put anyone in a position where it is uncomfortable. He stated if GrayRobinson is hired to be the County's lobbyist up in Tallahassee, they would work out the protocols with the County Attorney, County Manager, and with the Board if there is an additional layer needed to make sure, if and when they have folks go before the Board, that they have run through those protocols and they have cleared conflicts in making sure there is no appearance of impropriety there.
Commissioner Constantine indicated to Mr. Carmody that he knows the Commissioner's question. Mr. Carmody stated they, like some of the other folks presenting here today, were on the frontline on the River Cross project and the rural boundaries issues. When they saw the amendment filed, they made a couple of phone calls and worked with the Senate. He advised that on that particular issue, they know it and know those particular areas of the statute. They know the leadership and look forward to working with them on the County's behalf. He thinks it is something they need to work on closely with the local delegation. Senator Simmons was a major champion for this county on that particular issue making sure that, from Seminole County's perspective, common sense prevailed. He will be someone they can work with on that as well as the new members of the House and the returning members of the House to make sure that as a team they identify the issues and see them when they are coming and make sure that common sense solutions are achieved.
Commissioner Constantine asked Mr. Carmody what puts his firm in the unique position to stop these issues. Mr. Carmody stated they have great relationships with the Speaker and the Senate President. He stated that if and when they were hired, they would immediately go work with them and identify this as an issue, explaining to them the importance of that boundary and that it has already been voter approved and give them some of the back story. Mr. Carmody cautioned that you cannot change someone’s mind on some of these issues if they are dug in. He doubts that the Speaker coming from Miami came with a focus on rural and urban boundaries, but he is sure the issue has been discussed with others who have an interest in this project. Mr. Carmody stated they would immediately work with the Speaker and his point people on staff. He added that they don’t know the chairs and the sub-chairs in the House yet but they will work with them. He reiterated that a lot of it is going to come with working with their local delegation to help identify it. If Senator Simmons and others are dead set against something, it is going to be difficult to move it though no matter what the leadership wants because that is sort of how decorum works in the Senate. He cautioned that it does not mean it is impossible but his firm would work with the local delegation to make sure they are empowered with the right information, the law and facts to defend the County. They would also work with the leadership on that.
Commissioner Zembower asked Mr. Carmody what his firm's revenue in percentage is regarding lobbying activities versus representing land use applicants before municipalities. Mr. Carmody stated he could not guess those percentages but mentioned they can pull that information together for the Commissioner. He advised that the firm has an eminent domain practice and every once in a while they might need to work with the County Attorney and County Manager to make sure they have cleared conflicts. They precleared some of those conflicts before they bid for this just to make sure that some of the current clients they have would not be a problem. The same would be true with land use; they have an active land use practice not just in Central Florida but also across the state. Mr. Carmody suggested Mr. Cannon might have an exact answer. Commissioner Zembower stated he just needs an estimate, not exact. Mr. Cannon stated the truth is he has no clue what the differential is on land use or local government. He knows what their general lobbying revenues are. Commissioner Zembower reiterated that he is looking for percent, not numbers. Mr. Cannon stated with the prequalification that it is a guess, it is 10% or less for lobbying and 90% or more of the stuff is outside of lobbying but that is for 14 offices. He stated he has no idea of the local office numbers. Chairman Carey summarized that primarily they are a law firm and 10% lobbyist. Mr. Cannon stated that is a guesstimate and offered to get that information for the Board if it would help.
Chairman Carey mentioned that GrayRobinson represents a number of counties according to their submittal. She pointed out that some of the counties are adjacent counties and many times they have competing interests. She asked how they would determine how they would prioritize Seminole County over some of their other clients. Mr. Carmody stated if it is a competing interest on policy, they will address that as they do any kind of conflict type of issue. As a law firm, you address it with the clients and try to work out a resolution. In the past when they have had issues with various clients, whether the government or private clients, they have always been able to work out those issues and come out with a format, whether it be a drastic solution such as withdrawing or another solution they could put in place. If it is funding issues, they have been able to work through those in working with the local delegation; and in those silos, there is enough money to go around. They have never found that they can’t represent their various clients, whether it is an adjacent county or one that is 100 miles away.
Ronald L. Book, PA
The presentation for Ronald L. Book, PA, was displayed and reviewed. Ronald Book addressed the Board and stated that the County has clearly attracted more of the A-listed firms in town than any other county that he has appeared before. Mr. Book gave a brief history of his experience and talked about his team (Rana Brown and Kelly Mallette) and how they began to represent cities and counties over 30 years ago so they could have the same quality of representation that the private sectors had.
Mr. Book stated he has heard the questions related to Home Rule and preemption and what everyone thinks the next year or two is going to look like. He suggested it is going to look like what it has looked like the last three years and anybody who comes before the Commissioners or anybody that comes before any governmental entity in this state and says the assault on local government will not be just as significant, if not greater, in the next two years is simply fooling themselves. Mr. Book discussed a host of issues over the last several years that have continued to erode the County's Home Rule authority.
Mr. Book stated he heard the questions on Seminole County's local government land use projects. That someone would go to the Legislature and attempt to legislate around the local decisions they made as an elected body, as constitutionally created and as a charter county, to get around the Comp Plan and to rewrite the statute and attempt to take away that authority is mind‑boggling to him. Mr. Book reported that his firm has represented the Regional Planning Council Association for the last 25‑plus years. He stated he knows what it is when people go to the Capital and try to attempt to get around local land use amendments and zoning. They may go there with an idea that they are going to legislate a land use change, but it is really about taking away not just the County's land use authority but the zoning authority as well. Once the land use is there, the County's limitations as to what they can and cannot do become comprised in a significant way. That someone would come into a community and say that 610 acres should be changed because 156 other people other than the four people that represent the County in the Legislature somehow are going to vote on it is foreign to him.
Mr. Book reiterated that the assault on local government is unfortunately alive and well. He stated he is proud that in the 100‑plus years of total firm experience, they have spent a significant portion of it representing local governments like Seminole County. Mr. Book emphasized that his firm will never appear before the Board representing any other client, whether it is land use, zoning, or disaster management (which they are involved in extensively). He reiterated his firm will never appear in front of the Board, will never call the County staff behind the scenes and attempt to move something one side or the other. They will come here conflict free. Mr. Book discussed his firm's experience and how his firm will represent the County in Tallahassee.
Commissioner Constantine left the meeting at this time.
With regard to the DJJ, Mr. Book advised that he was part of the negotiating group on behalf of the counties that had the same DJJ problem several years ago and helped to craft the solution that got adopted. While he does not believe it was fair to the counties, he believes it was certainly better than what was trying to be shoved down their throats by members who are still in Tallahassee and don’t share the mutual respect for what is or what is not a cost that should be borne by a county government.
Mr. Book stated that every firm here today is a high quality, A-rated firm and explained how every one of the firms has access to the leadership on both sides of the aisle and the new administration. He remarked that he believes you have to earn your wings every single day and every single session. They don’t try to live on yesterday’s victories. Mr. Book stated they believe it is incredibly important to communicate with not only the County’s staff but also with the Commissioners and talked about the reports that his firm will provide.
Commissioner Constantine re‑entered the meeting at this time.
Mr. Book discussed his firm's approach and gave an example of a municipality wanting eminent domain authority to condemn a piece of property to build a municipal charter school. He gave an example of the firm’s appropriations process. Mr. Book talked about his 26 years of working with homelessness. He pointed out that Miami‑Dade County is the only place in the United States that has a dedicated tax to fight homelessness and explained how 25 years ago he went to the Florida Legislature and passed a revenue stream, which has allowed Miami-Dade County to reduce street homelessness. Mr. Book thanked the Board for the opportunity to address them today.
Southern Strategy Group of Orlando
The presentation for Southern Strategy Group (SSG) was displayed and reviewed. Oscar Anderson addressed the Board and thanked the Commissioners for the opportunity to address them today. Mr. Anderson stated his firm was very pleased to be ranked first by the County staff, who they have worked with over the last four years on issues. He pointed out that they are not a law firm; they are just lobbyists. They have lawyers in their firm but none of them practice law. They are dedicated to the trade of lobbying. Mr. Anderson pointed out that they are a bipartisan firm. He stated that he and Kelly Cohen opened the Orlando office in 2015, and she has been very involved in Democratic governance and politics. They are the Republican and Democratic team locally.
Kelly Cohen addressed the Board and reiterated that she and Mr. Anderson opened this office 14 years ago. Ms. Cohen then described Southern Strategy Group’s business model and advised they currently have offices in Miami, Tampa, Orlando, Jacksonville, and Tallahassee. She mentioned that they serve on boards, serve in their communities, and are working with the legislative delegation 365 days a year. She described how they built a tactical team and how they looked for experts in each segment of government.
Seth McKeel addressed the Board to discuss Southern Strategy Group’s approach. Mr. McKeel stated he is the managing partner of SSG’s Tampa Bay office and believes he is the only person who has presented today who has served in local government and in state government and thus has a unique perspective on the issues that come before the Board. He advised that he had the opportunity to write the budget for the State for two years and that presented a unique set of opportunities to meet with everyone who does what they do in state government.
Mr. McKeel noted that SSG has a unique approach to how they deal with appropriations and how they deal with policy. As was said today, everyone here has access to the right people. His firm keeps a relationship matrix, which is very important in their business, where they overlay the politics statewide because an issue that comes before you that you deal with in state government may be impacted by someone in Miami or it may be impacted by someone in the Panhandle. His firm has the unique ability to take that relationship matrix and overlay it over the issue that is important and find the right policymaker who is going to make the decision and get access to them.
Mr. McKeel discussed the firm's appropriations process. He talked about Sarasota County and how they spent a day with all of the department heads listening to all of the issues and then boiled those up to a list of priorities that would be appropriations priorities for the County. He explained that their important role in that process is overlaying the politics and saying what is the Legislature going to be focused on this year and how do they make sure that their priorities that they need funding for are aligned with things that are important. Mr. McKeel noted that it has been said that water and water quality issues are going to be important because of the issues in the campaign this year and because of the issues around the state. That will probably attract some attention and potentially some available revenue.
With regard to policy, Mr. McKeel advised that their team is very involved with the Florida Association of Counties. If anyone thinks the issues that affect Home Rule and the issues that affect preemption are not going to come back and rear their ugly heads, he thinks they are kidding themselves. He believes they will have to deal with them just as they have for the last few years, one by one. They will get exemptions where they can and really work together as a team to try and fight them. Mr. McKeel stated his firm has experience in doing that and has been very successful.
Rachel Cone addressed the Board to talk about Key Relationships. Ms. Cone stated she is the newest member of the Southern Strategy Group team. She stated one of their hiring models is to hire the best and brightest out of state government, which allows them to build really deep and meaningful relationships across government in both the executive branch and the legislative branch. Ms. Cone talked about her past work history at the Department of Transportation and as the Deputy Chief of Staff for Governor Scott. She stated that there has never been a more fun time in Tallahassee with the transition coming and lots of new faces and new ideas. Ms. Cone reported that their team has been very hard at work integrating into that process and getting to know the new team members that are being announced both on the executive branch side and the legislative branch side. She explained that because their team comes out of the executive branch, their relationships are not necessarily dependent on the top, the leadership at those agencies. They know the bureau chiefs, the division directors, and the processes in each of the agencies where they focus. She advised that whatever comes before the County and whatever problem that needs to be solved, there is likely someone on their team that either knows the right person who can help and has access to that person or understands the process enough to figure out a solution for their clients. She talked about how SSG works with the local delegation.
Mr. Anderson reviewed some of the firm's successes. He pointed out that SSG has been ranked either the first or second lobbying firm in Tallahassee since they started doing the rankings. For the 2018 cycle, they have a culture of accountability, whether it is their relationship matrix where they go through and grade their relationships with everyone in government who might be a decision maker or the appropriation requests where it is easy to see whether they were successful or not (whether they made it into the process). He announced that last year his firm was involved and helped facilitate about $250 million worth of projects for all of their clients and they have about an 80% success rate internally on policy issues and initiatives. One of those, which they have talked about, was stopping the attack on the rural boundary.
Mr. Anderson stated they have been very proud to represent Seminole County and he hopes they can continue to do that. He described some of the firm’s successes. They have 500-plus hours of governmental experience in their firm and have been doing this a long time. They believe they are the best at what they do and can get access to anybody. They believe they give the best advocacy and the best advice.
Commissioner Lockhart requested Mr. Anderson answer the question she previously asked the other firms. As it relates to representation, Mr. Anderson stated the firm has always precleared those instances where they might have to lobby in front of a local government. There have been times when there have been issues in neighboring local governments and the firm has gotten rid of them because Seminole County is more important. There are clients they have not taken on during that period of time because of that. Mr. Anderson acknowledged they do represent in front of local governments and they would anticipate doing that unless there was a change in the policy.
Commissioner Zembower confirmed with Mr. Anderson that his firm also represents land use clients from time to time and asked what percentage would be municipality versus private sector. Mr. Anderson responded that in their local office, they do represent developers in front of municipalities and added that it is a small percentage of what they do. He stated that his previous job was Chief of Staff at the Department of Community Affairs, and he was very involved with a lot of land use issues. As the growth management laws have changed over time and it is very much just a local decision, the land use lawyers dominate that space. Mr. Anderson stated it is a very small percentage. Chairman Carey mentioned that Southern Strategy Group also represents the Central Florida Expressway Authority.
Mr. Hooper explained that he has passed out to each Commissioner a ranking sheet and requested that each Commissioner rank the five firms from one through five with one being the top‑ranked firm and five being the least preferred firm. He explained that he has an Excel spreadsheet and will read each of the Commissioner's votes and their rankings and they will populate the spreadsheet to see if they can get consensus on the top‑ranked firm.
Commissioner Dallari stated there is no doubt that there are five really good firms here. No matter which one they pick, they will greatly serve not just the County but also the citizens of Seminole County. He thinks there are a lot of issues that need to be addressed up in Tallahassee and suggested the Board have two representatives. He thinks they need to have two state lobbyists up there to take a strong approach. It is not that just one cannot do it but they need to have as many boots on the ground as they can up there because there are a lot of big issues. They have heard from a lot of individuals that the erosions of Home Rule and unfunded mandates are growing. Commissioner Dallari reiterated that he really believes that they should hire two state lobbyists.
Chairman Carey reported that historically they have partnered with other firms when they needed to. She thinks they still have to take the approach that if they see there is an issue they believe that somebody else (whether it be one of the short‑listed groups or someone else) might have greater influence on, bringing in a specialist for special situations is a great idea. At the same time, the Chairman thinks that they would have one firm to be their primary representative and call in other experts as they need them. Commissioner Carey pointed out that all of the firms are highly successful and like all businesses, it is really about relationships. That is where she thinks it will be critical that if they see they need someone to birddog a particular leadership group or person to get something else through, they hire the right person to make sure that happens. She explained why she likes to see firms that are 100% focused on lobbying.
Commissioner Zembower concurred with the Chairman and advised that he believes they should be considering experts who are experts in the field of what they are here about today without other avenues in which they may focus their expertise. He stated he must communicate his concern as a new member of this Board that they are actually discussing retaining a lobbyist at the 23rd hour and why this was not taken care of earlier in the year. They know the session is going to kick off. Commissioner Zembower stated here they sit at the 23rd hour, retaining a lobbyist and basically forced to make a decision. He realizes staff has vetted the process and now they are being asked to rank firms that pretty much have already been ranked by staff. The Commissioner suggested the Board needs to consider revisiting this lobbyist‑type retention much earlier in the year and not at the last 23rd hour.
Chairman Carey explained that some of that had to do with waiting for the new Board to be seated. The current firm, Southern Strategy, does have another option to renew; so if the Board couldn't come to decision, that could be a decision. She thinks they have continued to work with their current lobbyist through the process. Everybody competing today has been awaiting the process and any of them would be able to hit the ground running.
Ms. Guillet explained that normally they would have selected a lobbyist and in the past, they have selected lobbying firms earlier in the year. There were several issues here. As the Chairman indicated, they wanted to give the new seated Board the opportunity to make that choice. Ms. Guillet further explained that they were also in the middle of trying to resolve the Rolling Hills/Jetta Point issue. They had momentum going and were being successful. They had the waiver that they had to get through in the fall; so they thought it was important to maintain continuity with respect to that issue. Ms. Guillet noted that the rankings that staff did were simply for the purposes of paring down the list and getting the firms to the Board so they wouldn't have to listen to presentations from everybody. She pointed out that is the only reason for those rankings and they weren't intended to represent a recommendation for selection. Chairman Carey advised the slate is clean as they start; that was just a short‑listing process.
Commissioner Lockhart stated she echoes everyone's comments and explained why she thinks all of these firms are incredibly capable. Her experience at the School District was that they did have two firms. They had one that focused on appropriations and one that focused on policy, and it was quite successful. The Commissioner noted there is a financial implication to that. She added that she is not sure when the federal lobbying was looked at. She does not know how much they utilize the federal lobbyist and if they need them or if their resources would be better allocated to have two firms in Florida and take a break in Washington for a while.
Commissioner Lockhart advised that this is the first opportunity that she and Commissioner Zembower have even had to discuss different opportunities with the Board. Chairman Carey advised one of the things that will happen at the end of this process is that they will be ranked one, two, three, and so on; so they will have the top two ranked firms based on the vote of this Commission. If the decision is made that the Board wants to come back and look at that again and include the Number 2 ranked firm at that time, they could do that. She has talked to the County Manager about their federal lobbyist and that they probably need to be looking at that as well. That will also be coming back to the Board in the near future for discussion. The Chairman pointed out that at the end of this voting process, the top two firms will have been identified if they want to pursue that avenue.
Commissioner Constantine stated that, as he has mentioned before, he feels very uncomfortable with this process. The Commissioner mentioned that he has worked with all five of these organizations intimately in Tallahassee and talked about his views regarding the firms. It is important that they look at the priorities they have and focus in on the group that will do the best job in facing the challenges they will have this session. Commissioner Constantine explained why he thinks every one of the firms can get the County the extra million dollars from DJJ. He thinks every firm will be working with their clients on homelessness and affordable housing. The challenge Seminole County has is, as Mr. Setzer said, the elephant in the room. They all know what it is. He stated he did not ask the different firms their strategy because that would be difficult, but he does want to know who is going to be able to change the dynamic so the County feels comfortable they are not going to have to be spending the type of hours and dollars they had to last year to protect the will of the people of Seminole County.
Commissioner Constantine advised that his decision is going to be based upon who he feels is going to be able to stop this where they all know it is going to have to be stopped and that is in the Senate. And again, he thinks that all of them can do that; however, he has to look at the relationships and who they have in the Senate and not just with the County's own delegation but with the entire Senate because the fact of the matter is that is where this decision is going to be made. The House is almost a guarantee that it will pass something like this; therefore, he is simply saying that is what his decision is going to be based upon. Commissioner Constantine reiterated that he does not like this process and wished they could change it and just have a dialogue and debate as to what they think is the best one for this.
Chairman Carey advised this is the process they are going to use today. The Chairman added that depending on what they have "coming down the pike," they will hire the experts they need to make sure the will of the citizens is protected on the Rural Boundary issue and any other legislation that they see coming. If they need experts in those fields, it is incumbent upon them to reach out and make sure that they can get what they need.
With regard to the second part of her question, Commissioner Lockhart stated she thinks she heard one of firms mention that if the County's policy was changed to address the issue of lobbying before the Board that that would change accordingly. She advised that is really one of her top issues and pointed out there were only two firms out of the five that committed to that. She wondered if that County policy is something that this Board has ever considered changing. Chairman Carey responded that she does not know that the County actually has a policy on that. She believes that is something they could have for discussion; and if they decided that they wanted that to be the policy of the Board, that that not be allowed, then whoever their lobbyist is would have the opportunity to say, “I don't want to work under those circumstances and therefore I am going to terminate the relationship.”
Commissioner Lockhart remarked that if the majority of the Board has that same concern, then perhaps they should discuss that prior to selecting someone. Chairman Carey stated the conflict has not caused a problem and since the time they have hired lobbyists in the County, they have never had an issue on that particular issue. The conflicts are always cleared; and because they have had mostly lobbyist firms and not legal teams for lobbyists, it is greatly reduced.
Commissioner Zembower stated he thinks what he heard is that they are here today to consider their general lobbyist to handle the lobbying issues that have been laid forth that are important to them and their citizens. He noted he is hearing a heavy concentration on Home Rule and to him that sounds like a whole different lobbying firm or a different decision. All of the firms that are here today, which are all good firms, have concentrated a great deal on the Home Rule charter. The Commissioner stated he has sort of a dilemma as to whether it is better to hire two and whether it is better to take one as a lead and one as secondary. He personally thinks it should be two firms the Board is making a decision on. He understands that previous Boards decided to do this in an RFP process versus an RFQ. Commissioner Zembower advised that he thinks consideration needs to be done and a candid conversation had with the Board about changing the policy. He thinks that is what Commissioner Lockhart is somewhat alluding to, how they actually pick these lobbying firms.
Chairman Carey reminded everyone that the process for this selection is the process. The Chairman stated the Commissioners have a choice of not selecting anyone and then they will start the process all over. As she said earlier, she thinks there is another year option on the current contract. If the Board chooses to just renew that contract for a year, they could kick the can down the road if they want to, have policy discussions in the beginning of the year, adopt a new policy before summer, and go through this process again. They could choose to rank the firms today and pick the top two, if they want to select two. If the majority of the Board wants to select two lobbyists, that is what they are going to do. It will be up to the County Manager then to figure out where she is going to go to get funding for that. All of the proposals had a price request in them so it was an RFQ (Request for Qualifications) with a price proposal. Chairman Carey noted they are here in the process today and they either need to conclude this one way or the other. They are either going to vote and rank these or they are going to vote to renew the one‑year option or they are going to vote to select none of these firm and "can" the process in which case they won't have a lobbyist unless they continue the current contract that they have. Those are the options.
Commissioner Dallari explained that the reason he is pushing for two lobbyists instead of waiting is because with the session right around the corner and committee weeks fast approaching, whoever they do select needs to be selected quickly. That is why he is asking for the Board to make a recommendation for two lobbyists. That way when committee weeks start rolling, which is the first of the year, they will have two groups of folks representing them. Chairman Carey advised that she doesn't have an issue with selecting two but noted that one is going to need to be the primary and is one going to need to be the secondary. The assignments may just be different depending on the situation. They are going to have to figure out how they would manage that internally from a staff perspective to best serve the Board and the citizens.
Commissioner Constantine stated he agrees with Commissioner Lockhart. He thinks that, number one, they should ask these folks if they would have a problem with the concern that he has got. He has had a problem with it when people came to him that were representing the County and representing somebody else. He disagrees when the Chairman says they haven't had a problem; he has had a problem with that. Commissioner Constantine added that more importantly, he thinks the Board should take this a step further. He thinks, as they have discussed during campaigns and other things, they should register lobbyists and make sure they are registering lobbyists so the County knows who they are representing. He thinks a lot of other counties in the area have that. He stated he is just throwing that out for the Commission to consider and requested that staff look into that because he does believe that is something that is important. Commissioner Constantine stated if their lobbyists are going to have a problem with that, he thinks it is important to know. Next year may be a total different set of circumstances. But this year, if he understands what they went through earlier this year and what the two new Commissioners went through during the campaign, they know what the major issue is; and that decision is going to be in the Senate. The fact of the matter is the folks they have here can do the job; the question is which one of them will have the ability to do it so they will not have to come back again and again and again. He thinks this is the time to talk about all things lobbying.
Chairman Carey noted they have had a lot of policy discussion about policy things that they may or may not want to talk about in the future. The Chairman asked for a show of hands as to who would like to make that a requirement and have the five firms that are presenting today be asked by the Contract folks if they are willing to make that commitment here today. She asked how many of the Commissioners want to know that information prior to their vote and announced that a majority of the Commissioners raised their hands. She then asked the Commissioners how many of them believe that hiring two lobbyists for this year is more important than just hiring a single lobbyist and announced that a majority of the Commissioners support hiring two lobbyists raised their hands.
Chairman Carey advised that they are going to take a short break and Mr. Hooper is going to ask the five firms the Board's questions and come back and report to the Board. They will then rank the firms one through five and the top two firms will be the ones they will enter into negotiations with to select two firms. Mr. Hooper asked if he can get permission from the Board regarding the second item that was brought up on the two agreements. The first firm, the primary firm, would be on the fixed fee schedule that was advertised in the solicitation package and the Board could give him the authorization on the second firm to restructure the contract where it will be time and material based upon an hourly rate.
Chairman Carey pointed out that everybody provided a fixed fee. She thinks because of this, the assignments are what is going to dictate how they are going to pay for this. Commissioner Zembower agreed. Chairman Carey stated if everyone cannot agree to that, under this circumstance their fee would be based on some type of man‑hour allocation. With regard to the two firms, the Board will select them and then Mr. Hooper will negotiate with them how this is going to work depending on assignments. Ms. Guillet stated they sort of have that system now where they have two different firms they are working with that are both on retainer. They have had the opportunity to go to the firm that might have the more specialized expertise. Ms. Guillet stated her recommendation is if the Board is going to choose two firms, they should put them both on retainer and allow staff to work with them through the process. Chairman Carey added staff will work through the process on how they are going to pay them. The Chairman confirmed with the Commissioners that everyone is clear on what they are going to do.
Chairman Carey recessed the meeting at 12:30 p.m., reconvening it at 12:35 p.m.
With regard to the lobbyist issue and whether it is pertinent to just the Commissioners' business or if it is pertinent to the County's business, Mr. Hooper gave an example of a construction contract that was out on the street where one of these firms represented a surety that was lobbying the County to change its bid document on the bond. Mr. Hooper asked whether that would be a conflict of interest as far as doing business with the County. Mr. Applegate noted that he has listened to all of the presentations. He stated he thinks on some of those questions, Mr. Hooper would have to come to Mr. Applegate's office. On occasion where there is a lobbyist or a law firm representing the County on another matter, he would get a call from either the lobbyist or the attorney saying that they have "x" and is that going to be a conflict. Mr. Applegate advised there are times when he will say absolutely that is a conflict. There are other times whereby he and the Board feel there is not a conflict. On those kinds of cases where there is a two‑degree separation, that is something that would be easy to address.
Chairman Carey stated in theory the issue that she is hearing is where their lobbyist is actually coming to the County Commission offices to lobby the Commissioners to support a development project, which nine times out of ten is most of what she hears. Commissioner Lockhart added they sometimes come to sell something. Mr. Hooper remarked that it is directly to the Commissioners as far as doing business. Chairman Carey stated that when there is a situation where they need to have the best and brightest on it, they hire the best and brightest. They hire one of these law firms on a regular basis to help the County to make sure they are in the best position to represent the people of Seminole County. Chairman Carey stated she thinks the concern she heard from the Commission is that they don't want to be lobbied by the County's lobbyist for anything else. She suggested that is the question; are they willing to not come lobby the Commission on other matters if they are the County's lobbyist.
Mr. Applegate referred to eminent domain and pointed out that there has never been a problem with someone working for the County and having a member of their firm represent a property owner on eminent domain because that is usually never before this Board. Mr. Hooper suggested if the Chairman would give him a few minutes, he will go out in the lobby and try and get responses from each of the firms. Chairman Carey asked each of the firms if they have a question that has not been cleared up. Mr. Carmody asked the Chairman for clarification regarding when they say “member of the lobbyist,” are they saying no other people in that firm. Chairman Carey responded not the firm but rather the lobbyists themselves. Commissioner Lockhart stated she has had an experience where they have had hired a lobbying firm and they have one primary point of contact as their lobbyist and then an appointment is set by someone else in that firm to go and lobby someone else, whether it be the superintendent or a board member at the school district. She feels at times the relationship is taken advantage of; so to her it is not just about standing at the podium and lobbying or that specific individual coming but the relationship with a firm.
For clarity, Chairman Carey gave an example with GrayRobinson being the County's lobbyist. She noted that the Commissioners don't want them to come lobby on other issues or selling anything. The Chairman pointed out that the County hires them when they need their expertise. In some of these firms, they have lawyers and then they have lobbyists. What she thought she heard the Commissioners say was they did not want to be lobbied by the people that are their lobbyists; so for the law firms particularly, there is going to be some interaction with that. She mentioned that a Commissioner does not have to accept a meeting.
Mr. Applegate referred back to the eminent domain example. When the County hires GrayRobinson to handle a case because of their expertise, he does not see that necessarily as a conflict. To him, a conflict is when a lawyer for GrayRobinson would come before this Commission to represent a client on land use or a contract matter; that is an issue. He advised that on many occasions he has said to GrayRobinson and others that were representing the County in a legal matter that even though they were technically representing the County in a case, they could not have any involvement in some other matter. Ms. Guillet stated she thinks it is an issue of advocacy versus being involved in a lawsuit and whether someone from the firm is advocating for an issue. Chairman Carey added “advocating for an issue or a product or an idea.”
Mr. Applegate referred back to Mr. Hooper's example of the surety three degrees down the road and advised that normally is not a problem because they are not going to come before this Board more than likely.
Chairman Carey stated what she thinks she is hearing from her colleagues is if you are the lobbyist for the County, they don't want to see or hear from you as a representative for a land development or for purchasing a product or for a company that is being hired by this County. She asked whether that is really the crux of it. Mr. Hooper noted they have a lobbying provision in their contract and asked for permission to work with the County Attorney's Office to craft language that is appropriate to address those two particular issues; and then, unless he has some kind of conflict out in the lobby from the firms, they will agree to it. Mr. Hooper stated he thinks that is the best approach. Chairman Carey advised that once the firms are ranked, it gives Mr. Hooper the ability to negotiate with top-ranked firms. If they are going to hire two, he will negotiate with one and two; and if one of them falls out because they don't want to agree to this, then Number 3 comes into play. She mentioned the importance of ranking and pointed out that if Number 1 or Number 2 falls out, then Number 3 or Number 4 potentially could come into play to hire two firms.
Chairman Carey announced they are going to pause this item and move to the Financial Advisor report. She noted that she has asked the Financial Advisor to cut to the chase with his recommendations. There was a conference call on Thursday with the Clerk and others to discuss what the recommendations were and the Financial Advisor did come back with one recommended change from that conversation.
COUNTY INVESTMENT ADVISOR REPORT
Scott McIntyre, Managing Director and Senior Portfolio Manager for First Southwest Asset Management, addressed the Board to present his Investment Advisor’s Report for December 11, 2018 (copy received and filed). Mr. McIntyre pointed out that on the front page of his report is his email address and telephone number. He advised if any of the Commissioners would like to get in contact with him for any additional questions they have or any additional information they need to please contact him. Mr. McIntyre stated he is going to skip the economic data in his presentation but did point out that interest rates are a little lower than the last time they met.
Mr. McIntyre reviewed the Recommendations on page 10 of his report and advised they are recommending a little less in the number of purchases of the Treasury Notes. There are two Treasury Notes that will help build out the ladder. They are trying to diversify the portfolio not only going into Treasuries with full faith and credit but also to try and diversify along the maturity line.
Mr. McIntyre recommended a $10 million purchase of a Treasury Note to April 2020 with a yield of 2.75% and a $5 million purchase of a Treasury Note to May 2020 with a yield of 2.75%. He recommended putting more money into the Florida Education Investment Trust Fund (FEITF). He stated the FEITF is offering a significant yield level over and above government treasuries. Part of that is because they invest in somewhat riskier securities within the underlying portfolio. They feel that picking up a yield of 2.91% out to September of next year is a very good level. It is almost 30 basis points above the comparable Treasury.
Mr. McIntyre addressed future maturities and pointed out that on December 24 there is a FEITF investment that comes due of $10 million. He is recommending they go out nine months on that. They don’t know what the yield will be at the time but right now it seems to be 2.91%. With regard to a Fidelity Bank CD for $2 million that matures on January 16, 2019, he suggests they allow that to mature and the proceeds be transferred into a local government investment pool.
Mr. McIntyre advised that at the next BCC meeting that he will be present, he will discuss another FEITF investment that matures on January 24, 2019, and a $10 million Treasure Note that matures at the end of January. He stated that a lot of the maturity ladder that was structured “back when” is starting to mature again so there is the opportunity to either roll them over or use the proceeds to invest. Mr. McIntyre stated he would also like to get approval for any tax deposits received between meetings to be deposited in equal increments into the Qualified Public Depository Bank accounts that have been set up by the Clerk’s Office until investment decisions can be made.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to adopt the Recommendations of the Board’s Financial Advisor based on the reports submitted today; and direct the Clerk to implement said Board-adopted recommendations.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey announced they will not get into the Legislative Update that is on the agenda for the afternoon session. They have all seen Ms. Lung’s draft (copy received and filed) and the Chairman believes Ms. Lung needs to spend some time with whoever is selected as the County’s lobbyist. The Legislative Update presentation will be made at the first meeting in January. She suggested that if any of the Commissioners want to be briefed prior to that, contact Ms. Guillet. The Legislative Delegation is coming on the 18th. The Chairman stated she will welcome them and present to them the County’s draft list. The list is similar to last year’s because those are items that are continuing to percolate to the top.
CONTINUATION OF REGULAR AGENDA ITEM #43
Chairman Carey asked if Mr. Hooper is about to wrap up the conversation occurring out in the lobby. Mr. Applegate replied that Mr. Hooper is talking to them about the compensation issue. Mr. Applegate stated he told Mr. Hooper that his impression regarding whoever is hired is that a member of their firm cannot come before the Board or County staff to represent a client in this Commission Chambers or outside the Commission Chambers. There may be on occasion some real exception, but that is something they can address down the road. Chairman Carey advised that whatever legal language is crafted, the people that are competing for this will have the opportunity to reject and say we can’t afford to do that and we don’t want to do that. If and when new policies are created regarding lobbyists (whether it be written into a policy, whether they decide they want to register lobbyists, or whatever it happens to be that the Board decides in the future), it would be a business decision for those firms. The Board’s ranking will be important because they may not end up with Number 1 and Number 2 as people that will actually negotiate a contract and actually sign it. Commissioner Zembower agreed with the Chairman.
Mr. Hooper stated they have consensus that they will come up with the draft language on the lobbyist prohibition. He noted that GrayRobinson would like to have clarification on where they would still engage the potential lobbyist issue but they would come to the County to request permission to go forward. Mr. Applegate stated his understanding from the Board’s discussion is that if you are retained as the lobbyist, a member of your firm cannot come before this Commission or County staff to represent any clients. Chairman Carey stated it would not prevent the County hiring the firm if the County needed their expertise for legal representation. The Chairman pointed out that if a firm is in the top ranking and they want to reject the language when they actually see it written, that would be the firm’s choice.
With regard to compensation, Mr. Hooper stated none of the firms do hourly rates so the County will do a negotiated fee for the task associated for the work. Chairman Carey confirmed they would use the numbers that were submitted in the proposals. Ms. Guillet clarified that Mr. Hooper is saying the County would negotiate a fee every time they needed to use the secondary firm. She stated her recommendation is that they put both firms on retainer. Chairman Carey and Commissioner Zembower agreed. Mr. Hooper stated they will come up with a budget for the second contract.
Chairman Carey clarified that all of the firms are willing to at least consider looking at the language and requested that the Commissioners rank the firms one through five with one being the top-ranked firm. The Commissioners submitted their ranking sheets (received and filed) and Mr. Hopper announced the results (spreadsheet received and filed) as follows: Ranked first is Southern Strategy Group of Orlando; ranked second is Ronald L. Book, PA; ranked third is GrayRobinson, PA; ranked fourth is Dean Mead; and ranked fifth is Florida Alliance Consulting, LLC.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to accept the Commissioners’ ranking for RFP-603224-18/BJC, State Legislative and Governmental Lobbying Services; and authorize the Purchasing and Contracts Division to negotiate and execute the Agreements with the first and second ranked firms, which are Southern Strategy Group of Orlando (ranked 1st) and Ronald L. Book, PA (ranked 2nd).
Districts 1, 2, 3, 4, and 5 voted AYE.
Ms. Guillet asked if the Board is comfortable with staff working with the two firms once the contracts are resolved to determine who will take the lead on what issue. Chairman Carey stated what she heard today was the County may need all the horsepower they can get. She also heard that both firms should be put on retainer; and if they need to double team or assign them to different people based on relationships, they should do whatever they need to do to make this as strong a team as possible. She thinks that is what the intent of the Board is. Ms. Guillet stated she would like to meet with the two firms jointly and determine who has what strength so staff will know moving forward.
Chairman Carey recessed the meeting at 12:57 p.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Clerk and Comptroller Grant Maloy, and Deputy Clerk Jane Spencer who was replaced by Deputy Clerk Terri Porter, who were present at the Opening Session.
PROOFS OF PUBLICATION
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to authorize the filing of the proofs of publication for this meeting's scheduled public hearings into the Official Record.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey and Commissioners Dallari, Constantine, Lockhart, and Zembower submitted their ex parte communications into the record (received and filed).
County Manager Nicole Guillet advised staff has elected to pull Item #44 in regard to a Public Nuisance. She noted they are making positive progress on it, however, and it may be brought back at a later date. In addition, staff will be requesting a continuance for Item #47, Crescent Boulevard Right-Of-Way Vacate.
160 E. 2nd Street, Chuluota
Agenda Item #44 – 2018-1036 – Pulled from the Agenda
OXFORD PLACE OVERLAY DISTRICT
Agenda Item #45 - 2018-0039
Proof of publication calling for a public hearing to consider approval of Text Amendments to the Comprehensive Plan and the Land Development Code to create the Oxford Road Overlay District for properties generally located in the southeast quadrant of the U.S. 17-92 and SR 436 intersection, received and filed.
Bill Wharton, Planning & Development Division, addressed the Board to present the request. He explained the first ordinance is to the Comprehensive Plan and it is what creates the overlay district itself. It also sets the boundary for the overlay district, outlines the general uses, and identifies the density and intensity. The second ordinance is to the Land Development Code itself for the zoning aspect of it. This covers things like the application review process, permitted uses, special exception uses, prohibited uses, setbacks, building design, parking and other issues. The P&Z Commission recommended approval and the BCC approved transmittal of the Comp Plan Amendment to the reviewing agencies, and no objections were received.
Mr. Wharton advised that changes were made to the Land Development Code section after the transmittal hearing based on comments at the hearing itself and there were some additional edits by staff. He reviewed those changes as outlined in the agenda memorandum. Upon inquiry by Commissioner Dallari, Mr. Wharton explained the confusion was that drive-through restaurants were allowed under the Conditional Uses, but were also listed under Prohibited Uses. So they deleted that condition under Prohibited Uses. Chawould need to get a Conditional Use allowance, not just those on the perimeter.
Mr. Wharton stated some of the issues that were brought up were things such as allowing 5G antennas and dark sky lighting.
He said this is something that staff is going to look at for this district and maybe establish it countywide. Other things they looked at were allowing umbrellas, heaters and those types of things for outside seating. He noted they are more of an ancillary use and will be allowed along with the regular use of the property. Another point that was brought up was valet parking. He said that would be something to be addressed at Site Plan. He noted they also talked with Casselberry staff who looked it over and provided comments.
Commissioner Dallari stated that in his briefing, Mr. Wharton talked about some of the buffers along 17-92, in particular the big flyover bridge right there. Mr. Wharton stated that usually buffers are for screening and that is not what they wanted to do here; they wanted to have some type of uniform look and still provide shade, if there are no power lines or utilities, but give visibility to whatever businesses are there. Commissioner Dallari asked about his recommendations. Mr. Wharton advised where there are overhead utility lines, they recommend five understory trees with 100 feet of separation, five shrubs at 100 feet of separation, and a three-foot high continuous hedge. With no overhead utilities, they could go to five canopy trees per 100 feet with the five shrubs and the continuous hedge which would still give visibility back into the property.
Commissioner Constantine stated there is a water tower in Fern Park that is unincorporated but it is owned by Casselberry and it is being used as a cell tower. The water tower is getting unsightly with rust and it is something you can see from Oxford as you are driving in. Verizon is going to replace it with a cell tower. Once that is done, Casselberry will reimburse Verizon for tearing down the water tower. He wants to see if they can work with Casselberry to have it taken down as soon as possible and to have it look as nice as possible. Chairman Carey noted the County Manager can talk to the City Manager to see what they can do to make sure it is visibly pleasing.
Diana Marsden, 617 Prairie Lake Drive, addressed the Board to ask if staff has done anything about the traffic impact this particular overlay system is going to have on Prairie Lake Drive and the lake itself. She would like this development to happen, but she does not want it to impact when people cut through from Oxford over to Prairie Lake Drive. She does not want the traffic to increase on the road she lives on, and she does not want the runoff to make the lake dirtier than it already is. She wants to know if anything has been done to research that or to help deter it. She noted they have speed bumps and it is still a cut-through. She suggested putting a roundabout in.
Mr. Wharton indicated a full traffic study was looked at during the 2014 redevelopment study that did not show any adverse effects. As each development itself comes in, they will be required to do a traffic study so they can see what those impacts would be on the roadway. They will require that they are cumulative as well, so they will not just look at one piece but at the entire development for the area.
Chairman Carey remarked that Ms. Marsden had some concerns at the last meeting regarding stormwater runoff, trash, and those kinds of things in her neighborhood. She thinks the direction was for staff to go back and look at that situation to see what they could do to improve some of those things. Commissioner Dallari said it is difficult to do now because they haven’t gotten the commitment yet from the developer as to what extent he is developing the piece of property. Mr. Wharton advised they have minimums and maximums that they will need to meet. Commissioner Dallari stated there are minimums but not maximums; however, Mr. Wharton explained there are also maximums. Commissioner Dallari stated they do have information from a stormwater perspective and asked Mr. Jreij to speak to that. He added there is quite a bit of money being put into this for stormwater.
Public Works Director Jean Jreij addressed the Board to explain that as a part of the Oxford Road improvement, they are providing a storage drainage system on-site consisting of five ponds and 85% will be impervious to accommodate for Mr. Birdoff’s Jai Alai development. Commissioner Dallari noted there was some flooding of the residential neighborhoods to the south; the water all flows north in that area. He said they had asked for some of that to be looked at. Chairman Carey noted it is over in Prairie Lake, west of 17-92. Mr. Jreij stated they have not looked into that but can do so and report back.
Chairman Carey expressed that it was a request at the last meeting that somebody look at the situation that Ms. Marsden had outlined in her public comments. She asked that Mr. Jreij have someone look at that specifically and then get back to the Board on it. Mr. Jreij noted the development they are doing at Oxford does not send any additional water to that area. Commissioner Dallari wondered if the stormwater design has been completed. Mr. Jreij replied it has been for Oxford Road and Mr. Birdoff’s development. Chairman Carey said then it will improve the situation that has historically been there on that site and on Oxford Road, and then they will go back and look at the impacts to the surrounding areas.
Commissioner Dallari addressed the County Manager asking what the best way would be to articulate to staff about the stormwater problems in the surrounding neighborhoods. Ms. Guillet replied that they could have him get together with staff to share specifically what his issues and concerns are and in what specific areas. They can look at that separately from this project. She said this project will have to mitigate its own stormwater, but if there are existing deficiencies that Commissioner Dallari could help them identify, they would be happy to look at them.
Ms. Marsden stated they are going to extend Oxford Road and bring it out to 17-92 by Lowe’s where the red light is and she lives at that red light basically. Her concern is that people are going to start cutting through from Oxford to Prairie Lake more so than they do now in order to avoid that intersection of 17-92 and 436. She opined it will impact their lifestyle on Prairie Lake Drive and the lake itself. There will be a lot more traffic and more traffic means pollution and sediment. As they are waiting at the red light on Prairie Lake Drive, all that sediment is hitting the ground and when the rain comes, since they don’t have any baffle boxes in their culverts, it just goes right into the lake. Chairman Carey stated Prairie Lake is an old subdivision and the design of the drainage system there is not what they do today. She asked if staff can look at whether there will be any impacts to the surrounding areas, not just Prairie Lake but all the way around this development.
Commissioner Constantine expressed this has been traditionally a cut-through for a long time, which is why they have speed bumps. Chairman Carey asked Mr. Jreij to talk with Ms. Marsden and find out her specific concerns.
Sharmon Craft, 517 Prairie Lake Drive, addressed the Board stating she is raising third generation Prairie Lake residents. Her parents still live on the lake as well. She said it has always been a cut-through from Maitland Avenue down Ballard to South Street and out Prairie Lake Drive. If that road is connected to Oxford, there will be more of a reason to cut through because right now if you cut through, you get to Lowe’s and only have the option of going left. However, traffic is so backed up on 17-92 that they really aren’t saving that much time. But if they can cut through right to Oxford, everybody will do that because you can just sail right across by Lowe’s. She stated they have a tiny two-lane street and it cannot handle the runoff. Cars fly over the speed bumps and when it rains, water can be sent up to people’s front doors. She feels there will be a line of cars backed up on their road at rush hour.
Chairman Carey advised they can have staff look at the issue with the speed bumps and drainage and they can also ask the Sheriff’s Department to do some law enforcement out there. She noted they will follow up on both of those things. Ms. Craft added that more importantly is the issue with Prairie Lake; it has gotten increasingly more polluted over the years.
Commissioner Dallari suggested they ask staff to look at most of the Prairie Lake Subdivision, not just that one road but the areas that are actually feeding to that road in connection with the stormwater. Commissioner Zembower added it would be good to coordinate with the City of Altamonte Springs because a great deal of this traffic comes through Altamonte Springs (back and forth) over to Maitland Avenue and down to Maitland Boulevard.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Public Comment Forms were received and filed.
Commissioner Lockhart commented she is grateful to the community for giving input and asked that they continue to do so. She said this is just an overlay at this point, so she thinks they will be able to work through a lot of the details and concerns in the next step.
Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute Ordinance #2018-48 enacting a Large Scale Comprehensive Plan Text Amendment to create the Oxford Place Overlay District, and the associated Ordinance #2018-49 enacting the Oxford Road Overlay District in the Land Development Code of Seminole County, for properties generally located in the southeast quadrant of the U.S. 17-92 and SR 436 intersection, as described in the proof of publication.
Commissioner Dallari clarified they talked about addressing some of the buffers along 17-92 and 436 and instructed staff to address the traffic and stormwater concerns that were discussed by the citizens today.
Districts 1, 2, 3, 4, and 5 voted AYE.
LAKE MARIETTA ESTATES LSFLU
MAP AMENDMENT AND PD REZONE
Agenda Item #46 – 2018-0015
Proof of publication calling for a public hearing to consider a request for a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a 29-lot, single-family residential subdivision on approximately 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection, Thomas Daly, received and filed.
Danalee Petyk, Planning & Development Division, addressed the Board and reviewed the request as outlined in the agenda memorandum. She discussed density, lot size, and buffers. The Planning and Zoning Commission recommended denial and on June 12, the BCC voted 3 to 2 to transmit the request to state and local review agencies who provided no objections. Staff recommends approval. Per Chairman Carey’s request, Ms. Petyk redisplayed a map from the backup and pointed out the densities surrounding the subject property.
Upon inquiry by Commissioner Lockhart, Chairman Carey noted that Heathrow has access onto Markham Woods Road and all of Heathrow can exit onto Markham Woods Road if they had to. She added Heathrow spans from Lake Mary Boulevard all the way back to Markham Road and from Markham Woods Road to the interstate, which is about 1,500 acres. Commissioner Zembower asked if the Westover PD is part of the Heathrow DRI and Ms. Petyk responded that it is part of Heathrow South. He asked the same question about Hanover and she advised that it is not; that is a separate subdivision. Upon further inquiry, Ms. Guillet advised Markham Woods Road is a policy-constrained road. Chairman Carey noted it was constrained by the County Commission because they did not want to widen the road. They wanted it to remain having a rural feel with a lot of trees. She explained how they ended up with the left-turn lanes to keep the tree canopy.
Tom Daly, Daly Design Group, addressed the Board on behalf of Pulte Homes, the contract purchaser of the property. He displayed a presentation (received and filed) and said the site is sandwiched in between Heathrow, which is four units an acre on the north and east, two schools on the western portion, and some one-acre lots along Michigan Street. He added Michigan Street is the only access to this particular property. It lies within the Wekiva Study Area and is all relative to protection of sinkhole features, environmental features, but has no direction or language relative to the densities, intensities, land uses or anything like that. This is different from the Wekiva Protection Area, the Lake Sylvan Transition Area and the Markham Road Scenic Corridor. He displayed a map showing the developments that have been approved over the years and then reviewed those lot sizes because he said it was difficult for them to go back and evaluate density.
Commissioner Constantine stated it was his understanding that not the first time when they voted 3 to 2 to send it to the DEO, but the second time Mr. Daly had asked for a postponement, it was because they were going to go back and talk to the citizens about maybe changing their plan. Mr. Daly responded that was not the case and explained when the Board sent this to the DEO, they had agreed at that hearing to do some additional studies. They have done a lot of survey work and a lot of arborist work along the buffer with Heathrow, but it was not necessarily a commitment or why they are here today. What they agreed to was that the lots on the north shore of Lake Marietta would be half-acre lots; they were originally designed to be 80 to 90-foot-wide lots, so they doubled the size for those on the lake. Mr. Daly then displayed the Site Plan stating it is gross 20 acres and net 14 acres. He discussed the Heathrow buffer. He then stated there are no wetland impacts or environmentally sensitive portions of this property and talked about the precast concrete wall. He noted four neighbors want to keep the existing chain link fence that is covered with Jasmine vines which divides the property, so they are amenable to that. The remainder of the chain link fence would be removed.
Commissioner Dallari mentioned the precast wall was not included in the backup and Mr. Daly responded it is the intent of the Heathrow buffer and that 11 different conditions are identified in the Development Order. (Photos of the precast concrete wall not received and filed.) Also they will be putting swales in along the south side of Michigan in order to collect any additional stormwater that is going through right now. They are proposing a sidewalk for the north side that will take it to the intersection of Markham Woods Road. They have been meeting with County Engineers about Markham Woods Road, and they have been trying to figure out how they help alleviate the problem of stacking when the school drops off and picks up. It has a 50-foot right-of-way; Michigan Street has a wider right-of-way than Markham Woods Road. So there is very little they can do but what they are working on is to re-stripe the southbound and put a turn lane in. It looks like they have the room to do that. This would be a southbound turn lane into Michigan Street. He also met with the School Board to try and see if they can get some stacking within the School Board property. They have the room to add two lanes which would solve a significant number of cars stacking up. They met with the people on Michigan and this is the solution they have come up with to save the trees on the south side of the road and to lessen impacts relative to construction. They would bring in water and sewer lines which is a requirement based on the density they are proposing.
A photo of Michigan Street showing the school and chain link fence to the left side was displayed. Mr. Daly noted the swales would go in on the right. The next photo showed the end of Michigan Street where the current home has a gated entrance into it. He said it will be improved to County standards but will not necessarily be per subdivision regulations; it will be a blend between that and the existing conditions they have today.
The Lake Marietta Estates slide was displayed. Mr. Daly stated at their Planning and Zoning Commission meeting, they got some comments from people that live in Summer Oaks Estates across Lake Marietta, which is a one-acre lot subdivision. He explained the exhibit is to demonstrate how far away the proposed homes would be from the homes on the other side of the lake. He noted those residents rejected the idea of meeting with them because they didn’t see the need. The final slide was then displayed showing transition of densities and land uses.
Commissioner Zembower questioned how much green space they have on this project outside of any retention area. Mr. Daly replied the retention is 1.3 acres, the floodplain is about an acre, and the buffer tracts equate to about a half-acre.
Blaine Darrah, 1624 Cherry Ridge Drive, addressed the Board and stated he is representing the Heathrow Master Association. He said the people living around this property would prefer to turn it down and leave it as an empty pasture, but property owners do have rights to develop properties. He believes something will go in there and because of that he spent a lot of time with Tom Daly and Chris Cleary from Pulte trying to figure out what they could do that would give the best protection possible to the properties around it. He said they finally agreed on a 25-foot buffer and almost all the trees there are healthy and can remain. He talked about the proposed wall and the retention pond. He noted it would be nice if the parents would put their kids on the buses so they don’t have to drive them causing congestion on Markham Woods Road. He concluded by saying he supports this and the Heathrow Master Association does also.
Martin Alpert, 792 Reserve Terrace, addressed the Board saying his property borders the proposed property. He expressed his concern that he and many of his neighbors have not been talked to by any developer. In regard to the wall, some people from the HOA went to one foundry and they were given a few samples. They said they picked the best of the worst options for the wall. He thinks the people that will be looking at the wall should have the opportunity to be on a committee to choose the wall. He talked about the fence with the Jasmine growing on it and said the construction needs to comply with Heathrow’s hours which are 7:00 a.m. to 6:00 p.m. with no construction on Sundays.
Harry Ellis, 3481 Oak Knoll Point, addressed the Board and stated he is representing Summer Oaks Estates. He read the definition of a promise and said a promise was declared across the Markham Woods corridor. He noted a majority of these lots around that corridor is net one acre per lot. The road constraints are not only for greenery purposes but also to prevent the traffic flow. The promise is to keep this as it looks today. The elementary school is a non-walking school so they only have two transportation options for their children, which are for buses or driving. He said it is a shame he lives less than 30 seconds from the school and he only has the option to drive. He noted only two people talk about supporting this project and they include the Heathrow HOA, because it fixes their drainage issues, and the developer. He expressed it is not a transitional property and would exit directly onto Markham Woods Road which increases the traffic. It was designed for a 15-unit maximum property. He said they expected something to be built there but only at one acre per unit.
Rina Capps, 3474 Oak Knoll Point, addressed the Board saying she is the president of the HOA but is speaking only for herself as a resident today. She said if it is so important for the Heathrow Master Association to be at every meeting, why didn’t they buy the property? It would solve their problem. The traffic impact is major where they live; and since they are retired, they avoid the times when there is school traffic because there are times when they cannot get out.
Marsha Powell, 5505 Markham Woods Road, addressed the Board stating she and her husband have lived there for 33 years and raised two children. They have lost several dogs as a result of living on that road. The traffic has gotten much worse, and it is kind of a throughway for people at the south end to get to SR 46 without having to get on I-4. She said the current proposal is not serving as a transition development as it is designed. All the other developments have one-acre lots up and down Markham Woods Road. She opined that 29 units on 14 acres is just outrageous in this area.
Robert Methuen, 3525 Michigan Street, addressed the Board to say he is very concerned about the size of the proposed development and the impact to Michigan Street. Putting residents at this density is going to put potentially hundreds more cars on Michigan Street, about five times the traffic that is on that street today. The sidewalk on Michigan Street goes to Markham Woods Road but there is no sidewalk that continues down Markham Woods and will not provide safety. Michigan Street is a long straightaway and if you add that many cars, there will be some speeding up and down that road putting little kids at risk. He opined if the proposed neighborhood was at 14 lots for that acreage, he would not have an issue.
Nancy Ayers, 3477 Michigan Street, addressed the Board saying her property is actually the four acres adjacent to the entrance of this proposed project. She indicated that Mr. Daly and Mr. Cleary from Pulte Homes did reach out to them to see what they could do to accommodate them. However, this will impact everyone on Michigan Street. Each home on that road has one to four acres with values at and above one million and they are proposing putting homes at the end at half a million dollars, which will affect the value of their homes. She said the pictures they have presented show her lot as empty but their house has been there now for four and one-half years. Most of the neighbors don’t mind going with the standards of one acre per lot which would mean 14 homes. She was told by various sources that if this isn’t approved for the 29, they are going to do the 14 homes on that property. When they met with Pulte, they asked why they can’t go with the standard of 14 homes per lot. The response was that they cannot make the money back with what the owners want to get from the property.
Susan Ghrist, 3430 Dawn Court, addressed the Board stating that Dawn Court has 12 homes at one acre per size and she thinks they should keep it that way because that is what they were promised. It adds ambiance to the Markham Woods Road area and developers over the years have tried to come in and take advantage of that. She is glad she does not live off of Michigan Street and has to come out to make a left turn onto Markham Woods Road. Just south of this is a pretty pronounced curve and if you are sitting there, you have to be fast if a car is coming. She believes if there is an increase in people living back there, you will have an increase in bad accidents.
With regard to public participation, no one else in the audience spoke in support or in opposition and public input was closed.
Public Comment Forms were received and filed.
Mr. Daly stated he wanted to respond to Mr. Alpert. They had a community meeting inviting all the adjacent folks that live along the common property boundary but then they relied on the HOA to translate information to the neighbors. The process has not stopped but they did not purposely exclude Mr. Alpert in any of the conversations. When you have 20 or so residents, there are 20 or so opinions and different views of aesthetics, so they have to rely upon the organization within Heathrow to decide how to best move forward. If this moves forward, it will be part of a final development plan and a lot of the details can be worked out. They are more than willing to go back and have another community meeting to go through the specifics of what they are proposing.
Mr. Daly stated the property is a quarter mile away from Markham Woods Road, but the comments he is hearing are about the rural character of Markham Woods Road. He asked if this property would be damaged by having access to Markham Woods Road and how far away from Markham Woods Road do they have to be in order to be able to not ruin the character of that road. These are questions he cannot answer because he was not there in the 80s or whenever these things were discussed.
Mr. Daly reiterated they are currently vested for 14 units. One-acre lots next to 80-foot wide lots are not in his opinion a compatible use. Their goal right now is to try to find out a way of reducing the density and transitioning. The folks in Summer Lake don’t live next to a bunch of 80-foot lots, but “they” do. He thinks this is a reasonable request and County staff thinks it is a reasonable request. He seeks the Board’s support.
Commissioner Zembower said his earlier question was physically how much green space other than retention and water is on this parcel. Mr. Daly pointed it out on a photo from his presentation. Commissioner Zembower noted that the “lake” is more of a wetland or small pond that can expand to lake size in rainy seasons. Mr. Daly commented it is more of a marsh that has open water.
Commissioner Lockhart asked Mr. Daly to clarify the location of the wall, which he did. He explained the wall will jog in and around the different clusters of trees. Ms. Lockhart stated then that any resident of Cherry Ridge that has a chain link fence that has greenery growing on it, they will be able to maintain that regardless of the precast wall that is being installed. Chairman Carey talked about the benefit of using the precast walls.
Commissioner Lockhart stated she takes very seriously any promises made by a board that she sits on and asked that staff inform her now if any were made because right now she is being told that there are none separate from the fact that it is zoned Suburban Estates. Chairman Carey commented that prior boards can make promises but if they want to make it concrete, they make it policy, just like Markham Woods Road being policy-constrained. They did not want that road to be widened; their intent was very clear. And there is nothing in the Land Development Code or Comp Plan. Their process has always been that every property owner in this county has a right to come and make an application to this Board to be considered.
Commissioner Lockhart questioned if they kept it to 14 home sites whether they would still be required to bring in sewer. Ms. Hammock replied if they wanted to come in with a 14-lot subdivision, it would depend upon how far away the infrastructure is for the water and sewer because they do have distance requirements. If they met those, then they would have to put in the water and sewer. Commissioner Lockhart then asked if they did the 14 units whether they would be required to improve Michigan and put in the sidewalk. Ms. Hammock advised if they are required to go through the County’s subdivision process, then they would have to meet their engineering standards. Commissioner Lockhart asked about the traffic improvements and potential stacking improvements with the School District. Ms. Hammock responded it would depend on what off-site improvements would be needed based on their traffic impact analysis. Mr. Daly added this project is small in regard to traffic studies, so it is below the County’s threshold.
Mr. Daly stated in regard to water and sewer, it is very expensive to bring that in, and if it ended up where they would be doing a 14-lot subdivision, agriculturally zoned, then it would be a huge burden on the landowner to bring that to the property and would further affect the values.
Commissioner Dallari asked what the maximum lot size is that you can get away with by putting in septic. Ms. Hammock responded that it depends if they are using a well or if they are using potable water, but for both, it would be one acre. Commissioner Dallari wondered what it would be for potable or regional water, and Ms. Hammock stated she believes it is a half an acre for septic. She added there are times the Health Department in certain hardship situations will provide variances to that. Commissioner Dallari stated he voted “no” on this the last time and the reason he does not support it is because Markham Woods Road is a tree-constrained road. Also, the subdivisions in and around this area that connect to Markham Woods Road have a minimum lot size of one acre.
Chairman Carey stated this transmitted to the State on a 3-2 vote of the County Commission. She was one that supported it because they have these odd little areas spread throughout the county and you have to balance it between what surrounds it. There are four units per acre in Heathrow on the north and east side regardless of whether Heathrow exits out onto Markham Woods or not. The school is on the west side and the developer agreed at the first meeting to put half-acre lots along the lake as a buffer which is the reason she supported this. This is a transition area because of the fact that it is locked between large lots and four units per acre. She thinks this is a reasonable request and a reasonable project and believes it is a much better project than having 14 homes on well and septic tank.
Motion by Chairman Carey, seconded by Commissioner Lockhart, to approve adoption of an Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development, and an 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 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection, Thomas Daly, as described in the proof of publication.
Under discussion, Commissioner Lockhart listed the options the Board has in voting on this item. County Attorney Applegate clarified the Board can approve or deny, continue, or approve with some modifications; they cannot grant more than what was asked for however. Commissioner Dallari added that after transmittal and return from the State, there are only so many days to approve it. Chairman Carey advised it requires action by January 17.
Commissioner Constantine stated he does not know of any better policy than a zoning and a land use ordinance, and that is what they have here. Everybody has the right to ask for anything, but they do not have a guarantee to get it. He opined this is not a transitional property in that definition. Heathrow has little, other than the wall, play in this game. They do not have direct access to this property; the people on Michigan and the people that go directly into Markham Woods Road do. Also, there is no guarantee that any developer that builds the 14 units is going to use well and septic tank. They can require water and sewer in that area, and they should because that area is going, ultimately, right into the Wekiva River. The Planning and Zoning Commission voted against it. He said he and Commissioner Dallari voted against the transmittal. He added the developer has every right to build what it is zoned for today, the 14 units. He noted their own study when they were doing River Cross suggested they have plenty of homes for the near and distant future as far as residential zoning. Unless this is going to be something that is going to improve the area demonstratively, he said he does not believe that they should be upzoning simply because there is a request or there might be economic constraint on the asking price of the property that the individual who owns it now is asking. Commissioner Constantine stated he will be voting against this and asked the members of the Commission to vote against it.
Commissioner Zembower stated he was not around when Heathrow came out of the ground, but he recalls the uproar and the promises that have been eluded to that were conveyed by a prior commission that this line and this road being constricted was the mechanism that would limit the development along here. That obviously is not the case because from what he is hearing from legal counsel, if those regulations or promises are adopted, they need to be in writing. But they do have a constricted roadway and a project that is asking to access this restricted roadway and because of that, he will not be able to support this project either.
Districts 4 and 5 voted AYE.
Commissioner Dallari, Zembower and Constantine voted NAY.
Motion failed for lack of a majority vote.
Motion by Commissioner Zembower to deny the item without prejudice. Chairman Carey explained this means it could come back within the year; they would not have to wait a year before they could reapply. She twice called for a second to the motion without response, whereupon the motion died for lack of same.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to deny adoption of an Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development, and an associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and the associated Development Order and Master Development Plan for approximately 20.96 acres, located east of the Markham Woods Road and Michigan Street intersection, Thomas Daly, as described in the proof of publication.
District 1, 2, and 3 voted AYE.
Chairman Carey and Commissioner Lockhart voted NAY.
Motion passes 3 to 2.
Chairman Carey recessed the meeting at 3:30 p.m., reconvening at 3:34 p.m.
CRESCENT BOULEVARD RIGHT-OF-WAY VACATE
Agenda Item #47 – 2018-1039
Proof of publication calling for a public hearing to consider a request for a Resolution to vacate and abandon a portion of Crescent Boulevard right-of-way as recorded in Plat Book 5, Page 88, of the Public Records of Seminole County, Florida, located south of East 2nd Street and north of East 4th Street, Sanford, received and filed.
Chairman Carey stated as the County Manager indicated earlier, this item is being requested for continuance.
With regard to public participation, no one in the audience spoke in support or in opposition to a continuance and public input was closed.
Written Public Comment Forms were received and filed.
Motion by Commissioner Constantine, seconded by Commissioner Zembower, to continue to January 22, 2019 at 1:30 p.m., or as soon thereafter as possible, the request to approve a Resolution vacating and abandoning a portion of Crescent Boulevard right-of-way as recorded in Plat Book 5, Page 88, of the Public Records of Seminole County, Florida, located south of East 2nd Street and north of East 4th Street, Sanford, as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
TRANSMITTAL OF CELERY POINTE LSFLU MAP
AMENDMENT AND PD REZONE/Nash Hooda
Agenda Item #48 – 2018-0043
Proof of publication calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from Suburban Estates to Low Density Residential, and a Rezone from A-1 (Agriculture) to PD (Planned Development) on 31.85 acres, located on the north side of Celery Avenue, approximately one-half mile west of Beardall Avenue, Nash Hooda, received and filed.
Ms. Petyk reviewed the background as outlined in the agenda memorandum. She discussed the conditions in regard to density allowed under the Seminole County/City of Sanford JPA and how this project will meet those conditions. The Planning and Zoning Commission recommended transmittal of the request. County staff also recommends transmission of the proposal.
Steve Coover, attorney on behalf of the Applicant, addressed the Board advising that Kim Fischer, engineer, and Larry Dale, consultant, are also in attendance. He stated this is an appropriate request. They are touching all the bases on the requirements to obtain the density they have asked for. There is a 75-foot building setback shown on the Master Plan on the western boundary, so in addition to the required open space boundary under the JPA, there would be a 75-foot buffer along the development to the west. He believes it is compatible because of the trend in the area and that they have gone above and beyond to buffer and setback against the development. Mr. Dale addressed the Board to speak about the history of the area.
Chairman Carey mentioned they have two Public Comment Forms (received and filed) that asked about the 25-foot buffer and the easement. She said as shown in the plan and as presented by Mr. Coover, there is a 25-foot buffer on the west boundary and then a 75-foot building setback adjacent to that. Basically there will be no buildings within 100 feet of the property line.
With regard to public participation, no one in the audience spoke in support or in opposition and public input was closed.
Motion by Chairman Carey, seconded by Commissioner Zembower, to approve transmittal of a proposed Ordinance to enact a Large Scale Future Land Use Map Amendment from Suburban Estates to Low Density Residential, 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 31.85 acres, located on the north side of Celery Avenue, approximately one-half mile west of Beardall Avenue, Nash Hooda, Applicant, as described in the proof of publication.
Commissioner Zembower thanked the developers and owners of this parcel. He explained he was on the Planning and Zoning Commission about two years ago when this was brought forward and they recommended denial because it was not consistent and did not truly transition or meet the Sanford JPA. He opined this is an example of how the County can work with the cities to ultimately do the right thing.
District 1, 2, 3, 4, and 5 voted AYE.
BALMY BEACH MARKETPLACE SSFLU
MAP AMENDMENT AND REZONE/Linda Kassof
Agenda Item #49 – 2018-0053
Proof of publication calling for a public hearing to consider a request for a Small Scale Future Land Use Map Amendment from Low Density Residential to Planned Development for 4.93 acres and a Rezone from A-1 (Agriculture) and C-1 (Commercial) to Planned Development (PD) for 20.91 acres, located on the southwest corner of the intersection of SR 436 and Balmy Beach Drive, Linda Kassof, received and filed.
Kathy Hammel, Planning & Development Division, addressed the Board and reviewed the request as outlined in the agenda memorandum. She advised the Applicant is proposing to develop a portion of the property, 4.93 acres, as an assisted living facility or a multifamily use. The remainder of the project, which is currently in C-1 zoning classification, will retain those uses allowed in C-1 in the requested PD zoning classification. The Applicant is proposing to plat this property into five lots; two of the lots have already been developed into a grocery store and a fuel station. The multifamily would have a maximum of 300 units and the ALF would have a maximum of 200 beds. The Applicant has changed the maximum height of the buildings from 120 feet to 100 feet or 8 stories based upon the recommendation of the Planning and Zoning Commission. She then talked about the surrounding areas and a retaining wall.
Ms. Hammel stated there are operational and safety concerns that were raised by staff, and at the Planning and Zoning hearing, there were also concerns held by the community. The Applicant agreed at the P&Z hearing to complete the Traffic Impact Analysis (TIA) prior to the hearing. They met with the Applicant, the owner and the engineers to discuss the TIA on December 6, and out of that meeting, staff agreed to several conditions to address these issues.
Ms. Hammel advised the P&Z Commission voted 3 to 1 to recommended approval with the condition that the proposed building height not exceed 100 feet or 8 stories. County staff recommends approval with the following changes and additions to the development order. Under condition “E,” decrease the maximum height from 120 feet to 100 feet or 8 stories. Recommended new conditions to the Development Order include the provision of an internal roadway connection between Lot 5 and the stormwater tract. In regard to access points to the development, access shall be limited to a single, right-in right-out onto SR 436 and three access points on Balmy Beach Drive. The three access points on Balmy Beach Drive shall include a limited access right-in right-out and a left-in at the northernmost intersection of the two full accesses. The full access is to be in line with Colonial Shoppes Bear Lake Plaza to the east and a full access at Lake Border Drive. The Applicant will be required to construct a second northbound left-turn lane on Balmy Beach Drive at the intersection of SR 436, and that is part of the site plan approval process. The developer shall increase the size of the inbound radius at the northernmost access along Balmy Beach Drive per County standards, which is a 50-foot radius. Also, a signal-warrant analysis will be required prior to engineering site plan approval and shall include one of the three unsignalized intersections located on the west side of Balmy Beach Drive, just south of SR 436. The analysis shall include the combination of the Walmart development trips, it’s outparcels and development trips, and existing and future development trips adjacent to Balmy Beach Drive. The traffic impact analysis will determine the appropriate driveway adjacent to the Walmart site suitable for signalization. All developments proposed within these parcels regardless of their size and land use shall provide an update to the existing traffic study and an update to the preliminary signal-warrant analysis. If and when a signal is warranted, a full signal-warrant analysis report will be required. If and when a signal is warranted for one of the three unsignalized intersections along Balmy Beach Drive, south of SR 436, the developer shall provide a pro rata share payment constituting approximately 40% of the construction costs of the signal. The pro rata share does not include the cost of the design of the signal. The stipulations set forth in the Development Order shall be considered a condition for this and all future site plan approvals within the county.
Ms. Hammel announced they received a Petition in opposition with 1,272 signatures (received and filed).
Kim McCann, partner and principal at ELEVEN 18 Architecture on behalf of the Applicant, addressed the Board and noted that also in attendance are Craig Govan with Tourist Investments, Jason Mahoney with NV5 Engineering, and Ayman Saidi with Traffic & Mobility Consultants. An aerial photograph of the proposed site was distributed (received and filed).
Ms. McCann stated they support all of the staff recommendations including all of the public right-of-way improvements and traffic improvements that were added. She pointed out the proposed site on the aerial and said the reduction to a height of 100 feet reduces the amount of multifamily units that would fit on the site from 300 to 224. The traffic consultant was engaged after P&Z, and his traffic report and study is on 300 units, so he will talk about the changes due to that reduction. However, if the ALF is approved, that facility would still have the same amount of beds within the 100-foot building height.
Ms. McCann noted that as staff advised, the proposed site is 22 feet below the Walmart pad site and 26 feet below the signalized intersection of Balmy Beach and SR 436. They have an existing 70-foot mature landscape buffer, a 24-foot existing access road that will also be the access to this project. From the edge of the property line of the retention pond to the closest edge of the building, there is a 140-foot building setback. The closest resident is 316 feet from the edge of that property to the corner of the building.
Ms. McCann displayed site photos (received and filed) of the existing 22-foot retention wall, the power-line easement that is part of this property, and the existing 70-foot mature tree buffer. In that buffer, there will be some infill landscaping to create a more sustained buffer with younger tree development since this buffer is aging and had been affected by the hurricanes. Commissioner Dallari questioned how they would infill when there are very tall trees on either side. Ms. McCann replied they will plant different landscape species that would allow a filtering in that area where some of the larger trees are missing. Also, there is an eight-foot masonry wall that is between the two properties.
Ayman Saidi, traffic engineer with Traffic & Mobility Consultants, addressed the Board saying they did the traffic study for the site. He noted he will summarize the issues they faced as a result of doing the traffic study.
Mr. Saidi advised the total traffic generated by the project is about 3,300 daily trips, and approximately half of that is generated by the apartments. When they dropped from 300 to 224 units as a result of the building height restriction, the apartment traffic reduces by about 25%, from 1,600 to about 1,200 trips. The outcome of the traffic study is summarized in two main issues. The first issue relates to the queueing on the northbound approach of the intersection of Balmy Beach and SR 436. The existing situation shows a backup of traffic that goes down almost to the next entrance of the Balmy Beach shopping center, and that is in viewing the p.m. peak condition which is between 4:00 p.m. and 6:00 p.m. He opined the morning peak is not as bad as the p.m. peak. They faced the second problem when analyzing the crash data in the last three years (from October 2015 to September 2018.) The information came from the Seminole County Traffic Engineering Department and shows on the segment of Balmy Beach from SR 436 down to Border Lake, there was a total of 23 crashes in the last 3 years. Out of the 23 crashes, 4 crashes involved injuries and none involved fatalities. After March 2018, the time when Walmart and the gas station opened, there were a total of 8 crashes on that road. And out of those, there were 5 that occurred at this intersection, which is currently the first full access driveway coming into the shopping center. Of those accidents, 2 of them involved injuries. He stated that obviously they have a situation at this entrance with the number of crashes, which are mainly caused by the number of conflicting movements that are happening there. He noted there is a lot of exiting traffic from both ways with an uncontrolled signal and there is also the queuing issue that he talked about earlier which adds to the problem.
Mr. Saidi said they provided a couple of solutions related to the traffic to take care of these issues. The first one is related to the northbound approach. They are proposing to add a second northbound left-turn lane to the intersection of Balmy Beach and SR 436 which will help in reducing the queuing by about 45%. So the traffic will no longer back up all the way to the next full intersection or access driveway. The second solution is to change the configuration of the current full access driveway to a direction of left, which means you can no longer exit and make a left out from the Walmart shopping center and you can no longer make a left out of the shopping center across the street. Also, you can no longer go through from the one shopping center to the other. So the only movements that would be allowed on both sides are right-in and right-out from both directions and a left-in to the Walmart shopping center. He expressed this improvement will alleviate a lot of the issues they are having today with crashes because of the conflicting movements. And as mentioned earlier, the northbound dual left will take care of the queuing problem. He advised these solutions were presented in a report to Seminole County staff.
Commissioner Dallari mentioned the County did something like this over at Deep Lake Road on Aloma (426) by Walmart and SR 417. He said the problem is there is too much maneuvering because people are trying to get into one lane and trying to make the right-hand turn going into the subdivision. They are in the process of fixing that on Deep Lake Road and he thinks this is the same situation here. He asked if they can fix that before it is built. Chairman Carey suggested they make note that this is a concern and if this moves forward, they can address it with the traffic engineers when it comes back to the Board.
Ms. McCann stated this plan was a team effort between County staff and their engineer, and that anything they can do to improve it or make it better will be supported. She explained that after they produced a model of the building that shows the building height, they then went back into the neighborhood and took pictures to show that the building cannot be seen behind the trees when looking at the houses (not received and filed). She discussed all the pictures that show where the building would be seen at 200 feet but not at 100 feet. She stated from the residential area with the setback, landscape buffer, access road and the natural terrain of the site, they wanted to show that there is natural screening to the 100-foot building.
Jacob Jakubowski, 1262 Bear Lake Road, addressed the Board and stated he is speaking on behalf of Bear Lake residents and has been a resident there all of his life. He said he is unaware of any residential building of this magnitude backing up to single-family homes in unincorporated Seminole County. He displayed pictures (received and filed) showing the Walmart that neighbors can see from their homes and stated the community was not made aware when the Walmart was being built because the lot was already commercial. He talked about each photo taken from inside the windows of a neighbor’s house. He asked that the Board look at the project closely to see if it is compatible with the surrounding areas and if not, deny the request. He submitted a petition in opposition (received and filed) with 179 signatures. He added that brings the total submitted to 1,451. He opined that everything the developer has done is rushed and there was no community meeting before the P&Z meeting was held; however, a community meeting did take place before this board meeting today.
Chairman Carey commented that there is nothing in the Land Development Code that requires a community meeting to be held, but many of the developers have them at the request of the District Commissioner or they feel like it is better for their business to hold them.
Julie Wilson, 2859 Bermuda Avenue, addressed the Board and stated she has been a resident of Bel Aire Phase 3 for over 20 years and she is in opposition to the rezoning. She was one of a group of people that met with Taurus Investment to voice concerns. She said that Taurus Investment continued to try to sell them on building apartments and does not feel they were taken seriously. Only 6 neighbors received notification of the P&Z meeting out of 29. She noted that Commissioner Constantine and staff told Taurus Investment that they recommended they hold a meeting with the community prior to P&Z, and that was not done. She opined the current proposal exceeds the average height of other residential zones, and the apartments and ALFs in the area also do not overlook single-family homes. Ms. Wilson stated that Taurus’ placement of the Public Hearing Notice is so poor, it cannot even be seen from the turn lane on SR 436, and they feel it is a ploy to keep the community uninformed. She submitted a copy of a letter dated November 18, 2018 to “Current Property Owner” from Richard Anderson, RA Strategies P.A., noticing the community meeting (received and filed).
Chairman Carey requested that Ms. Hammock state for the record what the requirement is for notification so people understand. Ms. Hammock explained that the legal requirement is for a newspaper ad and for a placard to be placed on the property. She stated that as a courtesy, staff sends out notifications to property owners within 300 feet of the subject property. The Chairman noted that is the reason so few people received notification, and she confirmed with Ms. Hammock that the property was properly posted and advertised in the paper.
Anna Lavin, 3157 Orleans Way, addressed the Board stating she has lived in the area for over 20 years. She has multiple concerns regarding the impact of this project and said there have been continued deceptions and a lack of respect from the developer. She feels that some of this has been done purposely to deter the community from attending today’s public hearing and to void their voices and rights. Ms. Lavin displayed several photos (received and filed) of the placard on the subject property and discussed her concerns with its placement and visibility. She felt that it was done intentionally to not be honest with the community.
Marisol Morales, 1022 Branchwood Drive, addressed the Board and said she has lived in the neighborhood for 17 years and she came from New York due to the overcrowded conditions there. She remarked this was a quiet neighborhood and all three schools were rated “A” when she moved here, but things have changed where she now feels she is back in New York. She displayed a Google Maps document (received and filed) and noted people use their neighborhood as a cut-through. She pointed out the Walmart and her house and advised she stood out there all day and counted 705 cars passing her house. She feels this would add another 400 more cars cutting through her neighborhood and that it is unacceptable. She displayed a picture of a family (received and filed) that lives in her neighborhood and said these are real families and this is a residential subdivision and not just commercial.
Valerie Kenski, 1362 Lake Asher Circle, addressed the Board and stated their schools are already over capacity. Currently K-5 children are being bused to other schools from their neighborhoods. Lake Brantley High School is always overfilled and legislation prohibits portable classrooms due to safety issues. She opined that Seminole County Public Schools cannot handle a development of this size. The Sheriff’s Department is already understaffed in their area and the same for the Fire Department, which relies on other stations for backup on overflow calls. She handed out a report on the number of traffic accidents with injuries (not received and filed). She stated since the opening of the Walmart, accidents have more than doubled at that intersection. She believes adding this development with 1,200 additional car trips will create major traffic issues on Balmy Beach and SR 436, and if Balmy Beach becomes a right-turn-only, that will put traffic flow through their residential neighborhood streets. She noted some of their streets do not have sidewalks, which puts their children in the street and in danger of being hit when going and coming from school. Since Walmart opened, they have had an increase of cut-through traffic and speeding. Chairman Carey asked about the printouts she passed out and Ms. Kenski replied they came from the Seminole County Public Schools website and the Fire Department website.
Jerry Smalley, 3019 Cecelia Drive, addressed the Board saying he has a development background and he noticed they are doing a Comp Plan Amendment. As he understands it, the Comp Plan is fairly well digested, voted on, and committed to by the State and the County. He said they are taking a Comp Plan that says low density residential, which he thinks might be 2 to 3 units per acre, and taking it up to maybe 40 or 50 units per acre. He opined it seems like a radical change. He stated the traffic was fine before the Walmart entrance across from the Caffe Positano’s entrance created the backup, and that entrance’s closeness to SR 436 is what is causing the problem. He added the developer meeting they had the other night was ineffective; he does not think they were listened to. He believes if they had been aware of and attended the P&Z meeting, there would have been a different result. He asked the Board to vote “no.”
Flo Phillips, 2917 Floral Way, addressed the Board and stated she has lived there for 35 years and walks her dog on Balmy Beach every morning. Since the little Walmart was built, the traffic is awful. They have a 25-mile-per-hour zone once you get down about a half mile and nobody slows down. She indicated the police do patrol it once in a while and they do pull over a lot of people. With the proposed right-hand-turn-only coming out of Bear Lake shopping center, they will be unable to go back to their homes without going clear out onto SR 436 and taking the horrendous left into Balmy Beach. She said they have five entrances and exits within a one-block area and not enough lanes to handle it. She’s had numerous close calls and it is dangerous. They know the owner needs to do something with their property, but they just ask that it be scaled way down. She would prefer an ALF and not apartments with more cars coming in and out.
Donna Comerer, 2905 Nicholas Lane, addressed the Board and noted they have lived in the neighborhood for almost 38 years. The traffic problem is there and it is totally unsafe and unacceptable. She added that people forget they have an elementary school in the area so cars will be cutting through where kids are exiting the school. She opined that bulldozing and filling the land area next to Border Lake will totally destroy the natural habitat; gopher tortoises have been seen there. The new building will be close to the existing high tension power lines and they go straight across to the transformers. In the years she has lived there, she can count at least 20 times when they’ve heard those transformers blow. She doesn’t think that area can handle any more development because they have two hotels and two apartment buildings all within 2/10 of a mile.
Beth Brown, 3132 Holliday Avenue, addressed the Board saying they chose their home on Holliday because it was in a quiet community without a lot of traffic. They did not choose to buy a house downtown next to an eight-story building. This project, which she cannot believe is even up for a vote, would put that eight-story building right in the middle of their quiet neighborhood and that would make it a new eyesore. She had asked a question at the information meeting whether any of the developers had an eight-story building going up in their neighborhood. She said they all just looked at her blankly and they all ignored her question, except for one gentleman who responded that her question was not an important question because it wasn’t happening in his neighborhood. She said they are reasonable people and understand they have a right to develop the property. She asked that the Board approve a three- or four-story building.
Pat Brown, 3132 Holliday Avenue, addressed the Board saying he acknowledges the ability of the developer to develop this property. He indicated the problem is that this developer is already profiting greatly by developing the Walmart Marketplace and did so without addressing the necessary changes to that intersection. Now they are faced with high traffic and additional accidents. Mr. Brown said they are now proposing to have everybody right turn out of that parking lot. Balmy Beach has three ways of going out. One of them is going down to Green Acres, which drops you out on Piedmont Wekiwa Road. That intersection has no traffic light and it is right there by 441. The next one is going down Balmy Beach to Holliday, out to Bear Lake Road. Again, there is no traffic light there. The other is going down Holliday to Jamison coming out to Bear Lake Road. He noted all of these intersections have no traffic lights and he asked where all the 1,200 cars will go.
Fred Garcia, 1680 Bear Crossing Circle, addressed the Board advising he lives off of Bear Lake Road and not Balmy Beach. They have Home Depot, Walmart, Lowe’s, Target, and a Dick’s coming in, and all of these have impacted their neighborhood with traffic. His house backs up to Bear Lake Road and he is sure an impact study and a traffic report was done many years ago, and they cut in Maitland Boulevard. He noted he is woken up in the morning by tractor trailers going to Home Depot, gasoline trucks running up and down Bear Lake Road in the middle of the night because they make deliveries at three, four and five o’clock in the morning. He said no one has talked about the ambient light that will come from that parking lot and they all know that at nighttime in Florida, you have open access parking lot lighting restrictions. Mr. Garcia added he lives on the other side of the neighborhood, and he cannot get out of there on most days. He asked if they know what it is like to have a 60,000 lb. gasoline truck that is carrying 8,000 gallons of gas going up and down the street about 200 feet from their house in the middle of the night. He asked that they give their neighborhood a break. He noted that an ALF would require goods and services that come in on trucks. There are two schools there and these trucks are not going to come in off of 436; they will come in off of Maitland and work their way around the lake.
Jessica Kovach, 2903 Sunset Road, addressed the Board to display photos (received and filed) of the intersection of Balmy Beach and SR 436. She listed her concerns with the intersection and the two left-turn lanes and opined it is a very confusing intersection. She also talked about the changes that have been made there in the last seven years and why those changes have caused dangerous conditions.
Bobbi Sievers, 1264 Floral Way, addressed the Board to comment that it is all about the amount of traffic that is cutting through their neighborhoods now to try and get where they are going faster. She reiterated many of the concerns of previous speakers.
Catherine Gierlach, 3200 Curtis Drive, addressed the Board stating she is in attendance to oppose the 100-foot and 224-unit building. She reiterated previous comments about the traffic while displaying an aerial map of Balmy Beach Average Daily Trips and Neighborhood Traffic (received and filed). She opined the only option for drivers to go south is to go through their neighborhoods. She pointed out Bear Lake Elementary and Teague Middle School on the map and talked about the safety concerns with children biking and walking to and from school.
Carrie Canfield, 2822 Bermuda Avenue, addressed the Board and remarked she is the closest one (in proximity) so far on the map; she lives across from the wall. Ms. Canfield displayed photos (received and filed) and opined if something is built at 100 feet, she could see the structure from her home because the border of trees is so skimpy. She pointed out on the photos how close Positano’s is to their Bel Aire homes and the border wall. She also discussed the problem with neighbors trying to sleep with delivery trucks going to Walmart and noted during the hurricanes, SR 436 flooded at Border Lake.
Chuck O’Neal, 2329 Park Village Place in Orange County, addressed the Board to say he is speaking on behalf of Speak Up Wekiva, a group with 2,200 members. (A packet of documents was received and filed.) He stated the site is right on the Orange and Seminole County border. In the agenda memorandum under Staff Findings, Section D, he read “Whether the proposal adheres to other special provisions of law and the Seminole County Comprehensive Plan (e.g. the Wekiva River Protection Act (WRPA), Seminole County Urban/Rural Boundary, etc.).” He stated the finding in the staff report says the site is not included within any areas subject to special standards of review such as the WRPA. He stated the WRPA and the Wekiva Parkway and Protection Act talks about the Wekiva Study Area having special requirements that development within these areas not exceed low density residential, unless they can prove that there is less impact on the land than low density residential. He expressed there is none of that discussion in the backup and that the criteria set by state law have not been met. Chairman Carey stated they will have staff address his comments after public participation.
Mr. O’Neal mentioned there is the Florida Springs and Aquifer Protection Act which creates a Priority Focus Area (PFA). He opined the subject property is inside the PFA which also sets restrictions on land development saying that there should not be anything more dense than low density residential, and if there is, it has got to prove that it has less impact than low density residential. He said this also violates the Florida Springs and Aquifer Protection Act, and the Wekiva Springs and Rock Springs Basin Management Action Plan covers the PFA. He then read from the “Seminole County WRPA Application for Consistency Review” and stated 52 units per acre is not low density residential. He concluded by saying there is nothing about this project that conforms to the Wekiva River Protection Act, the Wekiva Parkway and Protection Act, the Florida Springs and Aquifer Protection Act, and the Wekiva Springs and Rock Springs Basin Management Action Plan.
Nancy Dunn, 3430 Holliday Avenue, addressed the Board stating she has lived there for 42 years. For the past 28 years, she has been a volunteer for University of Florida’s Lake Watch Program. She has worked together as a citizen with Seminole County’s Stormwater Department and the Water Quality Management Department and is an active member of the Bear Lake Preservation Association, which was formed 20 years ago by residents to keep clean lakes clean. The focus of the BLPA is the entire watershed of approximately 2,300 single-family residential lots surrounding four lakes located immediately south of the Walmart Marketplace. According to Florida Lake Watch scientists, Bear Lake is one of the top lakes in the state as phosphorous and muck levels continue to remain low. She opined this is the jewel of Seminole County and the headwaters of the Little Wekiva flowing into the St. Johns. They know what goes on their streets and lawns ends up in the waterways. Their area roadways do not need a dramatic increase in vehicles because oil will build up and flush into the lakes. She asked that they not allow the funneling of traffic south through the streets surrounding the precious lakes of Seminole County known as the Bear Lakes.
The name of Marsha Horal was called with no response.
Shirlene Stuckey, 1892 Iroquois in Orange County, addressed the Board to discuss the sinkholes. She said the end of the access road at the edge of the parking lot for the phone company is a known sinkhole area. She does not know if that matters or not or if further construction could destabilize the area and exacerbate the possibility of more sinkholes opening up. Chairman Carey explained they would have to do geotechnical work before they could ever start construction.
Brian Dalryple, 3140 Orleans Way, addressed the Board saying the building would be completely inconsistent with the residential neighborhood to the south. He added there is the perfect storm of retail in the area and the top three fast foods located there. They have two hotels down the street and the Walmart. He mentioned the traffic issues.
Ralph Force, 1620 Frances Drive, addressed the Board and noted he has lived in the area for 30 years. He mentioned the traffic problem and said that just up the street coming down Balmy Beach is a downhill grade on a curve. People are trying to inch out into the intersection which causes a lot of problems and a lot of danger. He also talked about the dangerous situation of cars waiting to turn in the wrong lane and that this has happened to him on three separate occasions. He noted his grandson is seven years old and attends Bear Lake Elementary. He has to walk to school down Balmy Beach through those neighborhoods where there will be increased traffic.
Francis Andrews, 2844 Croton Road, addressed the Board pointing out he lives just off of Balmy Beach. He has lived there for almost 60 years when Balmy Beach was a dirt road. He mentioned that all the residents have to back out of their driveways into these roads. He talked about the speed limit and speed bumps, and the five intersections previously discussed. He asked the Board to deny the project.
George Helm, 6047 Linneal Beach Drive, addressed the Board noting he also owns three rental properties in this same area. He said a request for more time for open discourse is a reasonable request. He heard about cooperation between the developer and the County but heard nothing about cooperation between the developer, County and the community. He suggested they continue this matter to allow the obvious compatibility and traffic issues to be further studied. He feels a fourth right-hand turn out onto Balmy Beach will not solve the problem; it is going to compound it.
Luis Morales, 1022 Branchwood Drive, addressed the Board and displayed photos of the neighborhood (received and filed) stating, “This is who we are.” He said this would be a bad precedent to set if the Board approves something like this. He feels the developer has been arrogant towards the neighbors and even the Commission because Commissioner Constantine and staff asked the developer to meet with them and they did everything possible not to meet with them. He added when the developer finally did meet with them, Ms. McCann kept saying they were talking about an ALF. He then asked the developer why if they are still talking about an ALF, why are they talking about buildings. Mr. Morales said the developer’s response was they are not building an Assisted Living Facility. He further stated that the developer said the community was against affordable housing.
Amber Wilson, 3024 Foxhill Circle, addressed the Board to state that not many people mentioned the schools. They live less than two miles away and their schools are zoned for Wekiva Elementary instead of Bear Lake.
With regard to public participation, no one else in the audience spoke in support or opposition, and public input was closed.
Public Comment Forms were received and filed.
Ms. McCann reiterated that the County’s engineer and the developer’s traffic engineer met and had lengthy discussions on the best way to handle the traffic at Balmy Beach Drive, and the traffic solution they presented is a joint effort between those two parties. She said a couple of people mentioned that by closing the Positano Center exit and putting in a raised median that they would actually have to go all the way around. She advised there is another access point which would remain a full access point to that center, and she pointed that out on the site layout plan (received and filed). She explained that would move the full traffic flow down further away from that intersection so vehicles are not trying to cross there. They also had people talk about the landscaping and the hedge during the public meetings noting it is almost impossible to see. They want to move that traffic pattern down and away from the extra merging traffic. She reiterated they are certainly willing to discuss any further ideas. And they would be happy to meet with the gentleman who was having the lighting shine through the trees about the idea of increased landscaping.
Ms. McCann stated she wanted to clarify from the public meeting that they talked a lot about ALF and apartments. While both are in the application, it is true that an ALF is the preferred use for this site by the developer. Chairman Carey confirmed that if this were approved for an ALF only, the Applicant would concur with that.
Commissioner Constantine stated it is true that prior to the P&Z meeting he met with the Applicant’s representative and asked that they meet because he saw that this was going to be a contentious issue. He feels that talking out concerns with the residents that are going to be affected usually has positive results. However, if the developer chooses not to, that is their right. They do not have the obligation to do that. After the P&Z board meeting, he asked the representative again to meet with them and they did. He stated the bottom line is they have two parcels. One is about five acres and it is zoned low density residential. The other is a little over 20 acres and it is zoned commercial. He advised he was the sponsor and did write most of the Wekiva Parkway and Protection Act, and this is not compatible with that act and it is not compatible with the surrounding areas. This is not conducive to 45.5 units an acre, and it has been rushed through. He cannot believe the traffic pattern, especially because this has an elementary school imbedded in that neighborhood. He opined these people are not NIMBYs here because they were more than willing to talk about an ACLF. He has a letter that he received from them saying they would work with the developer on an ACLF because they do understand that this will be developed, but that is not what they have before them today. What they have before them today is a project of 100 feet high and 224 units and 20 acres of commercial that they want to turn into a PD.
Motion by Commissioner Constantine, seconded by Commissioner Zembower, to deny the request for a proposed Ordinance to enact a Small Scale Future Land Use Map Amendment from Low Density Residential to Planned Development for 4.93 acres, and for the associated proposed Ordinance to enact a Rezone from A-1 (Agriculture) and C-1 (Commercial) to Planned Development (PD) for 20.91 acres located on the southwest corner of the intersection of SR 436 and Balmy Beach Drive, Linda Cassof, Applicant, as described in the proof of publication.
Chairman Carey stated she wanted to clarify something on the Wekiva Study Area. Ms. Hammel displayed an image from a cell phone and stated it is a depiction of the Wekiva Study Area and the Wekiva River Protection Area. She pointed out the WRPA and stated Mr. O’Neal was correct when he talked about the restrictions and regulations in that area. She explained those restrictions are not applicable on this property.
Under discussion, Commissioner Dallari noted the agenda memorandum states a full traffic impact analysis will be required prior to engineering of the site. He asked if that includes the cut-through traffic. Mr. Saidi responded the study follows the traffic impact study guidelines of Seminole County which have a certain impact area radius; roads and intersections that fall within that area will be analyzed. About 18% of the project traffic will go south on Balmy Beach. Commissioner Dallari stated if this project was to move forward, they have a commitment here to do a TIA. The concern he has is he wants the analysis to actually look at that entire area to figure out the cut-through traffic issue. Mr. Saidi advised they can do a separate analysis where they track by license plate the people who are actually cutting through. It is not a typical requirement of a TIA, but if that is requested by the County, they could do a separate study to determine the percentage of how much traffic is cutting through the neighborhood.
Commissioner Dallari wondered what the invert height is between SR 436 and the grade of this site. Jason Mahoney, NV5, Civil Engineer, responded the road grade at Balmy Beach and 436 is at approximately Elevation 108 and the finished floor elevation of the building on Lot 4 would be presumably about Elevation 85, so they are talking about 23 feet differential.
Commissioner Lockhart stated something that is not unique to this project but is something this Board and the School Board are going to have to address at some point in time is the issue of capacity service areas or concurrency service areas for schools. She expressed that most people reading the SCALD letter probably would not pick up on the differentiation between capacity being in the CSA and capacity being in the zoned school. The elementary school level is the area where they have the most concern. She noted the reserve capacity at the elementary school level is 56 for the CSA, and for the zoned school which is Bear Lake Elementary, they have no reserve capacity. She asked whether the developer realizes that they don’t have capacity at the local elementary school. Mr. Mahoney remarked that if it is an ALF, then it is a moot point. Commissioner Lockhart said that that is a big “if” though from what she is hearing. She expressed she is not attacking this particular project, but this is something they have created in their community in an attempt to be open for business. They don’t want to deny every project that comes before the Board just to a specific school, so they kind of look to see if there is capacity at another surrounding school and try to work with the developer. However, she wants to make sure that as the developer they understand because what happens is people move into the apartment complex, assuming it becomes an apartment complex, and they automatically think that their resident students are going to go to the closest school and that very well may not be the case.
Chairman Carey noted if the motion passes the way it is stated, it would be a year before this developer could come back and make an application for anything else to happen.
Commissioner Constantine amended his motion to deny without prejudice so the developer could sit down with the citizens and others and then come back within one year, and Commissioner Zembower as the seconder agreed.
District 1, 2, 3, and 4 voted AYE.
District 5 voted Nay.
Chairman Carey recessed the meeting at 5:55 p.m.; reconvening at 6:05 p.m.
SLAVIA ROAD PD MAJOR AMENDMENT
AND REZONE/Brian Thornton
Agenda Item #50 – 2018-1091
Continuation of a public hearing from October 9, 2018 to consider a request for a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) on 4.7 acres for a convenience store with gas pumps, located at the corner of Red Bug Lake Road and Slavia Road, Brian Thornton, as described in the proof of publication.
Joy Giles, Planning and Development Division, addressed the Board to review the request as outlined in the agenda memorandum. She noted on March 10, 2009, the BCC approved the Slavia Road PD for commercial/office development permitting uses under the C-1 and C-2 (Retail Commercial) zoning districts, excluding the use of gas pumps. The site was never developed and the PD has since expired. The Applicant is requesting a Major Amendment Rezone to reinstate the previously approved PD and all of its uses as well as the addition of gas pumps in association with a convenience store. The Applicant has provided an analysis to support the request for the use of fuel pumps. Ms. Giles then discussed that analysis and advised there are currently six gas stations within a two-mile radius of the subject site. Staff finds the request to be compatible with the surrounding area which is comprised of residential offices and commercial uses. The P&Z voted to recommend approval and County staff also recommends adoption of the Ordinance.
Tom Sullivan, with GrayRobinson Law Firm on behalf of RaceTrac, addressed the Board to introduce Samantha Moore and Jeffrey Baird with RaceTrac, as well as Brian Potts, their Civil Engineer. Mr. Sullivan stated they agree with staff’s recommendation for approval. He stated they prepared a PowerPoint presentation (received and filed) that they believe demonstrates why the request makes sense. Samantha Moore, Engineering Project Manager with RaceTrac, displayed and reviewed the presentation.
Tom Cook, representing the Red Bug Residential Coalition (RBRC), addressed the Board and distributed a map of the subject property (received and filed). He advised the RBRC is a coalition of neighborhoods located along Red Bug Lake Road representing over 1,200 homes. The RBRC was formed in 2003 when it became clear that local residents needed to have a voice about the encroachment of commercial development impacting their residential communities. At that time the Coalition, the BCC and Planning staff agreed that Slavia Road would function as a boundary with more intense commercial development on the north side within the Oviedo Marketplace PD and less intense development on the south side. In 2009, they worked with the owners of the property on a PD Amendment and Rezone that was approved by the BCC at that time. There was no buyer or intention to build, and it never went to a final development plan. He said it was purely a hypothetical exercise to increase the marketability and value of the property. It demonstrated the RBRC’s strong desire to allow the property owners maximum flexibility to develop the property. However, the development order explicitly did not allow gas stations. Business hours were not mentioned in the D.O. but businesses that were open 24 hours a day would not have been acceptable to the RBRC, the Planning staff or the County Commission at that time.
Mr. Cook stated that today the Applicants claim that there is a need for more gas pumps in the area based on traffic studies that show an increase in traffic of more than 50% over the 10 years on Red Bug and Slavia Roads. He opined they have provided extensive calculations to attempt to prove this need, but they have intermingled the concepts of need and want. He advised there is already a RaceTrac 3.1 miles away. The citizens feel there is no need for more gas stations. He displayed a map (received and filed) stating that the surrounding area is predominantly residential, but on the south side of Red Bug Lake Road, there is a corridor of commercial businesses; however, those businesses were carefully planned and restricted both in hours and for very specific uses to be low intensity commercial uses to minimize the impact on the surrounding residential areas. He talked about the different areas on the map and when several of the commercial buildings had been built. He noted that the trend in the area is clearly toward medical and professional offices and not gas stations and convenience stores.
With regard to public participation, no one else in the audience spoke in support or opposition and public input was closed.
Public Comment Forms were received and filed.
Mr. Sullivan informed the Board that they had reached out to the RBRC. They held a meeting in May of this year that lasted a couple of hours and they felt there was good dialogue. At the conclusion of that meeting, the neighbors indicated they were not going to take a position at that time about the project but that they were going to continue to monitor as they went through the process. He expressed they would love to have their support for this. They have a history of reaching out and working with them and would love to continue to do so as part of the community in this location.
Mr. Sullivan stated with respect to the area being predominantly residential, he thinks you have to look at the immediate area. One of the things that stands out to him is that this property is the only corner intersection that is not developed for commercial or non-residential purposes. He advised it is an old house that sticks out given the development trend there. He said he wanted to address the comment about “need.” The trips have doubled in the area which is why RaceTrac wants to be there because they see the trips on the road, and they feel there is a need at this location. Also there was a comment about the 24-hour nature of the use. He stated that is the nature of the use, but it is also the nature of the 7-Eleven which is literally right across the street from this property.
Mr. Sullivan stated one point that has not come up but is addressed in the staff report and the D.O. has to do with the comparison of what they are asking for in this approval versus what was approved in 2009 in terms of the intensity that is being requested. The 2009 approval was for 60,000 square feet; this convenience store is 5,500 square feet. The maximum height in the previous D.O. was 55 feet, and now they have up to 30 feet and one story which includes the store and the gas canopy. He expressed they would be happy to have those changes incorporated in the D.O.
Commissioner Zembower questioned what the distance is from the ingress and egress on Slavia Road to the intersection of Red Bug Lake Road and Slavia Road. Mr. Sullivan replied that they are aware it doesn’t quite meet the typical spacing standards, but he thinks those access points were approved in 2009. They would be willing to add a short deceleration lane for that right-in movement to address any concerns about that. Brian Potts, Civil Engineer, addressed the Board to advise the distance is about 150 feet from the corner.
Commissioner Dallari stated when this area was approved back in 2009, the Macaroni Grill and the Rock N Brews were built. There are various pieces that have not been built but just to the south of this, there is a large wetlands area which is now designated a mitigation bank. All this was done and there were the restrictions of no automobile and gas sales on this property. He said he believes that was the commitment to the community, and the community did come out and support all of this. He noted there are three gas stations at Red Bug and Tuskawilla and across the street is the 7-Eleven with a gas station. He indicated he goes there all the time and there are free pumps so the demand is not that big. He added at 426 and Red Bug there are two pumps.
Motion by Commissioner Dallari, seconded by Commissioner Constantine, to deny the request for an Ordinance to enact a Rezone from PD (Planned Development) to PD (Planned Development), and the associated Development Order and Master Development Plan for 4.7 acres located at the corner of Red Bug Lake Road and Slavia Road, Brian Thornton, Applicant, as described in the proof of publication.
Under discussion, Commissioner Constantine asked if this is not approved, what could go on that piece of property. Commissioner Dallari responded that when you look at the original D.O., there were a lot of things that could go there like office buildings. A medical office went across the street.
Chairman Carey questioned whether the 4.7-acre site is part of the other developments that have been approved along there. Ms. Giles replied this is an individual stand-alone piece. Chairman Carey noted when it was approved previously for 60,000 of commercial (C-1 and C-2 retail commercial), certainly traffic generation and all that would be a lot greater. To her it seems this is a big reduction from what had been previously approved and so she will not be supporting the motion because she feels this may be a better use than a 60,000-square-foot building at this particular intersection.
Commissioner Zembower remarked he has driven this road a lot during rush hour in both directions, and in the evening coming down Red Bug Lake Road, there is a significant amount of traffic that turns right onto Slavia Road to go down to that part of the County, more so in the last 5-10 years. They now have a double left coming off Slavia onto Red Bug Lake Road. For people coming out of this and wanting to go back onto Red Bug Lake Road or get back on Slavia, they are limiting them to a right, but people are simply going to do a quick left and try to get into one of the turn lanes to go back down Red Bug to the west or to get all the way in the right-turn lane to go right on Red Bug Lake Road. Mr. Jreij indicated the access to the intersection is so close, about 150 feet, which is why staff limited it to right-in and right-out. If it is approved, they would put in a median to limit anything but right-in and right-out.
Upon inquiry by Chairman Carey, Ms. Moore said she believes that one of the conditions in the staff report was to grant cross access to both sites on the west and east. Commissioner Dallari confirmed with Ms. Giles that the two pieces of property they are trying to get cross access to are privately owned. Ms. Giles advised it is a condition of approval in the PD adjacent to the east that they provide cross access, but not the one to the west of this. Chairman Carey commented if there is a cross access easement already existing for the PD to the east of this, then this parcel could go through that, get further away from the intersection and probably have a full driveway there.
Chairman Carey stated there is a motion on the floor to deny and then called for a vote.
District 1 voted AYE.
Motion to deny failed for lack of a majority vote.
Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to approve the request to adopt Ordinance #2018-40 enacting a Rezone from PD (Planned Development) to PD (Planned Development), and the associated Development Order and Master Development Plan for 4.7 acres located at the corner of Red Rug Lake Road and Slavia Road, Brian Thornton, Applicant, as described in the proof of publication.
Districts 2, 3, 4, and 5 voted AYE.
Commissioner Dallari voted NAY.
Motion to approve passes 4-1.
CAMERON HEIGHTS VILLAGE B MAJOR AMENDMENT
AND REZONE/Elite Trust and Escrow Company, LLC
Agenda Item #51 – 2018-0050
Proof of publication calling for a public hearing to consider the request for a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development) on approximately 27.52 acres for a reduction in the minimum house size, located on the east side of Sipes Avenue, approximately one-half mile south of Celery Avenue, Elite Trust and Escrow Company, LLC, received and filed.
Ms. Giles reviewed the item as outlined in the agenda memorandum. Chairman Carey asked based on the lot sizes under their street zoning category, what the minimum size home that you could build on a lot that size would be, to which Ms. Giles replied 700 square feet. The Chairman then said the request to go from 1,600 to 1,400 is still twice as much as they would require under a straight zoning.
Marc Stehli, Poulos and Bennett on behalf of the Applicant, addressed the Board to say they have reviewed the staff report and are in agreement.
With regard to public participation, no one in the audience spoke in support or opposition and public input was closed.
Motion by Chairman Carey, seconded by Commissioner Lockhart, to approve and authorize the Chairman to execute Ordinance #2018-41 enacting a Major Amendment and Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 27.52 acres, located on the east side of Sipes Avenue, approximately one-half mile south of Celery Avenue, Elite Trust and Escrow Company, LLC, Applicant, as described in the proof of publication.
Under discussion, Chairman Carey asked the County Manager to go back and get with the City of Sanford and with Midway Canaan because it is her understanding that Midway Canaan is the provider for not only water but they say they can also manage sewer. She thinks they need to have a discussion about this to determine that whoever is providing water can provide sewer. This is a project that is moving forward as part of a much larger project. Most of this has been approved by the City but there is some conflicting information that needs to be resolved before this project moves forward. Ms. Guillet said her understanding is that the Applicant is working with the City to try to resolve this. Chairman Carey stated it needs to be a tri-party agreement if there is already a utility agreement in place and maps that indicate that this is an area serviced by Midway Canaan. They are having a discussion right now about putting sewer out in that community. They don’t have sewer today and they don’t have the capacity to do it. She added she is not sure they have the financial wherewithal to put in the infrastructure. She wants to make sure this is at the top of staff’s list of things to look at on this project.
District 1, 2, 3, 4, and 5 voted AYE.
INTEGRA CROSSINGS PD REZONE/
Agenda Item #52 – 2018-0052
Proof of publication calling for a public hearing to consider a request for a Rezone from A-1 (Agriculture) to PD (Planned Development) on 32.03 acres, for a mixed-use development consisting of 16.71 acres of multifamily residential and 15.32 acres of office and retail commercial, located on the north side of Wilson Road, east of International Parkway, David McDaniel, received and filed.
Ms. Giles presented the request as outlined in the agenda backup. She advised the project will be developed in two phases. The first phase will consist of multifamily residential apartments for a total of 350 units and the second phase will consist of office and commercial uses with a maximum building square footage of 425,000 square feet. The site will access from Wilson Road and the developer will be required to make road improvements to both Wilson Road and International Parkway. Access will not be permitted from Woodruff Springs Road on the north. The P&Z Commission voted to recommend approval and County staff recommends adoption of the Ordinance.
Randy Morris, RM Strategies on behalf of the Applicant, addressed the Board and introduced Chris Doughterty with S&ME, a planning and engineering firm; and David and Robert McDaniel with Integra Land Company. Mr. Morris displayed and reviewed a PowerPoint presentation (received and filed).
Mr. Morris stated this is one of the last large projects that will be developed on International Parkway unless they expand the HIP-TI District. He noted they are not asking for any special requests. The actual development is 305,000 square feet of office space, which is the Target Industry, and 20,000 square feet of ancillary retail. This is not destination retail; this is retail that will service only this project because it is so far off of International Parkway and dead-ends on Wilson Road, the primary access. Phase 1 will be the multifamily and the next two phases will be the office and hotel.
Mr. Morris noted that during final engineering, staff will probably allow them to make some adjustments in setbacks because of being next to I-4. They will migrate those around to other parts of the site to be more beneficial either internally or externally. Commissioner Dallari expressed he does not understand why they are asking for a buffer on I-4; why are they trying to protect I-4. Mr. Morris responded they are just trying to comply with the Land Development Code. Commissioner Dallari said he really thinks that that is something they should Mr. Morris advised they are in negotiations now with the HCA Hospital to put in the access bifurcating the two properties, half on HCA and half on the subject property potentially giving them better access. Commissioner Dallari indicated if they are able to get an agreement with the hospital, the second access would potentially go away. Mr. Morris noted the second access for the subject property would go away, the emergency access would stay the same. He added in regard to the Transportation slide, International Parkway is a four-lane road and was designed to go to a six-lane road, so there is plenty of available space.
Mr. Morris stated off-site improvements during Phase 2 would possibly include a signalization at Wilson Road and International Parkway and the extension of turn lanes from International Parkway onto Wilson. He noted Wilson Road is under construction right now.
Commissioner Dallari asked why their F.A.R. (Floor Area Ratio) is at 1.0 and not 1.5. Discussion ensued regarding intensity of the development.
With regard to public participation, no one in the audience spoke in support or opposition and public input was closed.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute Ordinance #2018-42 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan, for 32.03 acres, located on the north side of Wilson Road, east of International Parkway, David McDaniel, Applicant, as described in the proof of publication.
Chairman Carey clarified that the motion should include that (1) staff has the flexibility to review the setbacks from I-4 and (2) to consider no setback (buffer) if there is a joint road planned for down the property line. The motioner and seconder agreed.
District 1, 2, 3, 4, and 5 voted AYE.
GATEWAY AT ST. JOHNS LSFLU MAP
AMENDMENT AND REZONE/Daniel Kaiser
Agenda Item #53 – 2018-0036
Proof of publication calling for a public hearing to consider a request for a Large Scale Future Land Use Map Amendment from Planned Development, Industrial, and Suburban Estates to Planned Development, and a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development) for a 65-lot, single-family residential subdivision on 14.48 acres, located on the north side of Orange Boulevard, one-half mile west of Monroe Road, Daniel Kaiser, received and filed.
Ms. Giles reviewed the request as outlined in the agenda memorandum. She noted that the single-family residential subdivision has a density of 4.66 dwelling units per net buildable acre. The BCC voted unanimously to transmit the map amendment to the State and review agencies on October 9, 2018. Staff received response letters with no opposition to the request and recommends approval.
Chad Moorhead, with Madden Moorhead & Stokes, addressed the Board stating they agree with both staff’s and P&Z’s recommendations.
With regard to public participation, no one in the audience spoke in support or opposition, and public input was closed.
A Written Public Comment Form was received and filed.
Motion by Chairman Carey, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute Ordinance #2018-43 enacting a Large Scale Future Land Use Map Amendment from Planned Development, Industrial, and Suburban Estates to Planned Development, and the associated Ordinance #2018-44 enacting a Rezone from A-1 (Agriculture) and PD (Planned Development) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 14.48 acres, located on the north side of Orange Boulevard, one-half mile west of Monroe Road, Daniel Kaiser, Applicant, as described in the proof of publication.
District 1, 2, 3, 4, and 5 voted AYE.
PARKSIDE PLACE LSFLU MAP AMENDMENT
f/k/a REAGAN CENTER/Jon Walls, NAI Realvest
Agenda Item #54 – 2018-0040
Proof of publication calling for a public hearing to consider a request for a Large Scale Future Land Use Map Amendment from Planned Development to Planned Development, and a Rezone from PD (Reagan Center Planned Development) to PD (Parkside Place Planned Development) for a mixed-use development on approximately 110 acres, located on the north side of Ronald Reagan Boulevard and east of County Home Road and U.S. Hwy. 17-92, Jon Walls, NAI Realvest, received and filed.
Ms. Petyk reviewed the item as outlined in the agenda backup. She advised the BCC met on October 9, 2018, and voted to transmit the request to state and local review agencies. The agencies provided no objections. Since transmittal there have been several changes to the Development Order including the removal of the condition relating to a pedestrian bridge, adding a condition to provide funding for a ladder firetruck, provisions to the conditions relating to parking, pedestrian crossings and private shuttle services, adding limited agricultural uses as a permitted use including hydroponic farming up to 100 feet in height, and adding a condition for the developer to perform a multimodal pedestrian study to determine if direct local shuttle services between Parkside Place, Seminole State College, and the Five Points Complex is warranted. Staff recommends approval of the proposal.
Hal Kantor, attorney with Lowndes, Drosdick, Doster, Kantor & Reed and representing the Applicant, addressed the Board to state they have reviewed the staff recommendations and ask them to approve them as submitted.
Commissioner Constantine remarked he had discussed with Mr. Kantor that they would consider putting in an escalator for inflation for the firetruck and ladder. Mr. Kantor expressed they don’t want to but would agree to an escalator as much as 5%. They think that it is reasonable given the time frame and the fact that the County has researched this. Commissioners Dallari and Constantine commented they feel that the amount is generous.
Commissioner Lockhart asked about the school capacity Letter of Determination that they received. Mr. Kantor responded he believes the information is that they have to build it if it is needed, and they will determine that through each phase. They are aware they do not have capacity for all of the apartments. Ms. Lockhart opined the lack of capacity is significant, and Mr. Kantor stated they also know it is significant with respect to utilities and they are facing that as well. They are taking the next year to plan this project out and it will also include more analysis regarding schools. And they understand they cannot proceed without that being addressed.
Commissioner Zembower said Mr. Kantor had given them an overview of the length of time it will likely take for this project to build out or go through its phases. Mr. Kantor advised they plan on 12 years, it may take less or more time, but they are talking about 2032. Commissioner Dallari stated in their last presentation, the Applicant was talking about net zero, but then confirmed with Mr. Kantor there is no commitment to doing that with this project.
Commissioner Dallari said he noticed an allowance for an additional $350,000 for a firetruck bay expansion. He was told that a potential expansion at that site would be very difficult. Chairman Carey clarified they are talking about the existing fire station on the corner of County Home Road and 17-92. Commissioner Dallari questioned if the money could not be spent there, could it be spent at another location. Mark Oakes, Fire Chief, addressed the Board to advise they met with Facilities and there are some minor challenges, but they do believe they can build onto Station #35.
Mack Reid, 101 E. Colonial Drive in Orlando, addressed the Board stating he has served as Chief Operations Officer for Boys & Girls Clubs in Central Florida. He stated Sid Levy was a champion and supporter of their organization for over 20 years and their president had a personal connection with Mr. Levy. It is with great honor that a portion of the proceeds from the sale of the property will go towards supporting Boys & Girls Clubs of Central Florida.
Paul Partyka, 404 Park Lane Drive, addressed the Board saying he has known Sid Levy for many years and has represented him in real estate for almost 20 years. He opined this is a great visionary project for Seminole County and will go into the history books. He thanked the Board and all the people involved.
With regard to public participation, no one else in the audience spoke in support or opposition, and public input was closed.
Public Comment Forms were received and filed.
Commissioner Zembower stated this is an example of a project that the taxpayers are not burdened with the infrastructure and it is the right thing to do.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute Ordinance #2018-45 enacting a Large Scale Future Land Use Map Amendment from Planned Development to Planned Development, and the associated Ordinance #2018-46 enacting a Rezone from PD (Reagan Center Planned Development) to PD (Parkside Place Planned Development), and the associated Development Order and Master Development Plan for 110 acres, located on the north side of Ronald Reagan Boulevard and east of County Home Road and U.S. Hwy. 17-92, Jon Walls, NAI Realvest, Applicant, as described in the proof of publication.
Commissioner Constantine confirmed with the Chairman that the motion includes the escalator.
Commissioner Dallari suggested it may be nice to put something there with Sid Levy’s name on it.
District 1, 2, 3, 4, and 5 voted AYE.
CENTRAL PARC AT HOWELL BRANCH PD
MAJOR AMENDMENT/Miguel De Arcos
Agenda Item #55 – 2018-0049
Proof of publication calling for a public hearing to consider a request for a Rezone from PD (Planned Development) to PD (Planned Development) for approximately 6.83 acres, located on the north side of Howell Branch Road, east of Eastbrook Boulevard, Miguel De Arcos, received and filed.
Ms. Petyk reviewed the request as outlined in the agenda memorandum and stated the subject site is located in Village 2B of the Lake Howell Reserve in San Pedro Planned Development, also known as Hawk’s Crest. The Development Order adopted in 2016 as part of the Rezone allowed all C-1 (Retail Commercial) uses in Village 2B unless otherwise prohibited. The Applicant is requesting this Major Amendment to add additional permitted uses which were prohibited in the original D.O. She then reviewed these uses as listed in the agenda memorandum. The P&Z recommended approval and staff recommended approval as well. Chad Moorhead, with Madden Moorhead & Stokes on behalf of the Applicant, stated they agree with staff recommendations.
Commissioner Zembower stated when this project went through P&Z, there was a lot of concern from the HOAs about the drive-through usage. Mr. Moorhead advised his partner, Charlie Madden, spoke with them and they are aware of what is going on. They did not want a fast-food-type drive-through. He explained it has to be more towards the center and western side of the site.
Ronald Brown, 1500 Westdale Avenue, addressed the Board and displayed an aerial photograph (not received and filed) showing what the area looked like when he first bought his house. He stated it was a beautiful green space, and they were told this was going to be for assisted living for the elderly. The reason for the small commercial area was to service the elderly so they would not have to get in their cars and drive to the pharmacy. He then showed an aerial (not received and filed) of what it looks like today saying that it has negatively impacted the peaceful enjoyment of his property because of all the noise from the traffic now. He pointed out there were a few small concessions granted at the time this occurred. Some of the things neighbors did not want on the property included drive-through restaurants with speakers. He does not see any hardship on the developer because they bought this property with these restrictions in place. There is no need for drive-throughs; within a mile there is a Dunkin Donuts, a Starbucks, a McDonalds, a Burger King, a Taco Bell and a Pollo Tropical, all down at 46 and Howell Branch Road.
Claire Brown, 1500 Westdale Avenue, addressed the Board and stated there are three reasons she does not think this is a good idea: (1) the traffic flow, (2) the noise and the trash from businesses like this, and (3) because of the competition of other food places. She displayed the Notice of Public Hearing (received and filed) stating there are five drive-throughs a mile away. She listed all the establishments and restaurants nearby. Ms. Brown then pointed out on the notice a traffic signal and a retention pond with a curb cut where the County pulls their truck in because there is no shoulder on that road, and it is the only place to do it. She wondered how this restaurant will have an entrance onto Howell Branch Drive and whether they will use Hawk’s Crest Drive. She also pointed out an elementary school on Citrus which is not even a mile away and all the locations of crossing guards. She noted they will have to have two new crossing guards and every time there is a space for a crossing guard, it slows down the traffic. She stated there is a funeral home on Betty Street; the noise, and the smell from the trash at this restaurant will impact everybody who lives there.
Chairman Carey confirmed with staff this is a request to have some uses amended. The commercial and a restaurant is already allowed there. The request is only to have a drop-off dry cleaner, a veterinary clinic with no overnight, a pet store with no pet sales, and one drive-through with a coffee shop or a fast casual dining, which is not McDonalds’s, Burger King and those types, and their speaker is to be 350 feet from the property line at Cedar Ridge.
Upon inquiry by Commissioner Lockhart, Ms. Petyk advised they specified that drive-through fast food restaurants are prohibited. Chairman Carey asked whether there is a definition in the Development Code of the difference between fast casual and fast food. Ms. Hammock responded there is not; it is an industry term. Chairman Carey commented it is probably something they should consider adding to their Land Development Code to distinguish the difference.
With regard to public participation, no one else in the audience spoke in support or opposition, and public input was closed.
Public Comment Forms were received and filed.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to approve and authorize the Chairman to execute Ordinance #2018-47 enacting a Rezone from PD (Planned Development) to PD (Planned Development), and approve the associated Development Order and Master Development Plan, for approximately 6.83 acres, located on the north side of Howell Branch Road, east of Eastbrook Boulevard, Miguel De Arcos, Applicant, as described in the proof of publication.
District 1, 2, 3, 4, and 5 voted AYE.
DISTRICT COMMISSIONERS’ REPORTS
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to reappoint Clay Archey and Jim Hunter to the Agriculture Advisory Committee for two-year terms; Bryan Wilson to the Animal Control Board for a one-year term; Mike Bass to the Code Enforcement Board for a three-year term; Bobby VonHerbulis and Deana Schott to the Contractor Examiners Board for one-year terms; and Robert Hughes to the Historical Commission for a two-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to approve appropriate Resolution #2018-R-165 in appreciation of Craig Sturla and appropriate Resolution #2018-R-166 in appreciation of Susie Dolan for their service on the Parks and Preservation Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Zembower advised they will be working with Public Works on some kind of a solution, hopefully, for the paving of the unpaved portion of Old Cochran Road, north of 46 in Geneva. Right now you cannot get firefighting apparatus or emergency equipment down it without the peril of being stuck or clearing half the equipment off the firetruck because it is so overgrown. They do not currently have the easement but the residents are going to hopefully give the County the right-of-way to complete that.
Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to reappoint John McGrath to the Animal Control Board for a one-year term; Marti Chan to the Contractor Examiners Board for a one-year term; Desta Horner and Paul Zuromski to the Historical Commission for two-year terms; Ed Ghiglieri to the Parks and Preservation Advisory Committee for a three-year term; Anne West to the Library Advisory Committee for a two-year term; and Tom Minter to the Agriculture Advisory Committee for a two-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to appoint Dennis Langlois to the Agriculture Advisory Committee for a two-year term; and approve appropriate Resolution #2019-R-167 in appreciation of Doug Register for serving on the Agriculture Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to reappoint Rex Clontz to the Agriculture Advisory Committee; Marianne King to the Animal Control Board; Dudley Bates to the Code Enforcement Board; Bill Young to the Contractor Examiners Board; Rosalie Wright Cook and Donna Bundy to the Historical Commission; Beverly Courtney to the Library Advisory Board; and Carissa Lawhun to the Planning and Zoning Commission.
Districts 1, 2, 3, 4, and 5 voted AYE.
Commissioner Lockhart reported her goal is to visit each department and work site this first year in office. Also she has meetings scheduled next week with each of the Constitutional Officers. In addition, she attended a panel discussion for newly elected officials held by the Seminole County Chamber of Commerce.
Commissioner Lockhart noted one of the hottest topics of discussion at the East Altamonte Community meeting was the Rosenwald School and the future of that property and building and where it may go. She gave a brief recap of the information (received and filed) she shared at that meeting. A copy of the following was distributed to the Board: School Board Resolution #2016-03 declaring the Rosenwald property at 1096 Merritt Street unnecessary for educational purposes; a letter from Nicole Guillet, County Manager, and Walt Griffin, School Board Superintendent, dated August 18, 2016, to the BCC and School Board members regarding items discussed at the June 28 Joint Work Session; and a letter from Margaret “Peg” Wharton dated May 3, 2018, to Bruce McMenemy, Deputy County Manager, regarding the sale of the Rosenwald property and Yankee Lake property (received and filed). Commissioner Lockhart stated she thinks it is important to know that the School Board continues to receive interest in that property. She thinks they need to let that board know if the County is interested in moving forward. She knows the Sheriff’s Office is looking at the property as a potential substation. The community is incredibly interested in having programming there. She added she knows Commissioner Henley was very supportive of that property being for the use of the community and she is also in support of that. They, however, need to know if it is still the consensus and the will of the BCC to move forward, and if not they need to let the School Board know so that they can move on.
Ms. Guillet advised they met with the School Board in June and reminded they had a joint work session in July to talk about major projects and major purchases, and this was one of the topics they covered. There was some reticence at that time to move forward because they were in the middle of budget and they were also concerned about Amendment #1. After that meeting, the Deputy County Manager did touch base with Joe Ranaldi at the School Board. Staff at this point needs some direction on what the Board may want to do with this, and not just Rosenwald but Yankee Lake as well.
Chairman Carey stated this certainly deserves some further discussion and probably not everyone has been briefed on this. Commissioner Zembower commented he would like the opportunity to be brought up to speed. The Chairman asked that Ms. Guillet schedule a work session after the next Board meeting to talk about this and to get some clear direction. She added she thinks that all the Commissioners should be briefed prior to the workshop and agrees that this needs to move forward.
Motion by Commissioner Lockhart, seconded by Commissioner Constantine, to reappoint John Lommerse to the Agriculture Advisory Committee for a two-year term; Steve Browne to the Animal Control Board for a one-year term; Michael Fratrik and Jeffrey Wines to the Contractor Examiners Board for one-year terms; Carmen Bierman and Imogene Yarborough to the Historical Commission for two-year terms; Robert Bowden to the Parks and Preservation Advisory Committee for a three-year term; and Ed Schuckman to the Seminole County Industrial Development Authority (SCIDA) for a four-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Chairman Carey, seconded by Commissioner Dallari, to reappoint Imogene Yarborough to the Agriculture Advisory Committee for a two-year term; and appoint Barbara Hughes to Agriculture Advisory Committee for a two-year term, reappoint Gayle Hair to the Animal Control Board for a one-year term; appoint Jane Hames to the Code Enforcement Board for a three-year term; reappoint James Depoy and appoint Daniel Priest to the Contractor Examiners Board for one-year terms; reappoint Beverly Mason, appoint Caroline Vendenberg and Carole Hinshaw to the Historical Commission for two-year terms; reappoint Raychel Garcia to the Library Advisory Board for a two-year term; appoint Victoria Colangelo to the Parks and Preservation Advisory Committee for a three-year term; appoint Bob Turnage to the Planning and Zoning Commission for a four-year term; reappoint Michael Caraway to SCIDA for a four-year term, reappoint Kyle Kilger to Seminole County Port Authority Board (SCOPA) for a four-year term; and approve appropriate Resolutions in appreciation for service as follows: Resolution #2018-R-168 to Robert Young, Code Enforcement Board; Resolution #2018-R-169 to Deborah Schafer, Historical Commission; Resolution #2018-R-170 to Pasha Baker, Historical Commission; Resolution #2018-R-171 to Jennifer Fillmon, Parks and Preservation Advisory Committee; Resolution #2018-R-172 to Jeannie Miller, Planning and Zoning Commission; and Resolution #2018-R-173 to Matthew Barks, Contractor Examiners Board.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey advised she needs to send out two letters in connection with transportation appointments and requested a motion.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to authorize the Chairman to send a letter to MetroPlan regarding the appointments to the Technical Advisory Committee and the Transportation Systems Management and Operations Advisory Committee; and a letter to SunRail in connection with the reappointment of Karla Keeney and appointment of James Grzesik to the SunRail Citizens Advisory Committee.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey said in regard to two positions on the Animal Control Board, she would like staff to reach out to the Sheriff’s Department and find out if they plan to reappoint Bob Hunter or someone new. Also she asked that staff confirm that the veterinarian, who is currently Dr. Stephen Wiseman, will continue to serve on that board.
Motion by Commissioner Zembower, seconded by Commissioner Lockhart, to appoint Attorney Thom Greene to the Law Library for a three-year term.
Districts 1, 2, 3, 4, and 5 voted AYE.
Motion by Commissioner Constantine, seconded by Commissioner Dallari, to ratify the CALNO recommendation to appoint Altamonte Springs Commissioner Sarah Reese to the Tourism Development Council.
Districts 1, 2, 3, 4, and 5 voted AYE.
Chairman Carey mentioned she also needs staff to follow up with the City of Sanford. The current representative is Jeff Triplett but there may be some term limitations on that. She understands that he was going to discuss it at the City Commission meeting last night but has not heard back from them today on who that rep will be, so she wants to make sure they get that recommendation from the City.
In regard to the Value Adjustment Board, Chairman Carey noted that Susie Dolan is their citizen representative and they either need to reappoint her or look for a new citizen appointment. She advised she will follow up on that.
Chairman Carey stated as is traditional, many of their board appointments and liaison appointments are the Chairman’s prerogative, but some do require confirmation by the Board so she is distributing the list (received and filed). She reminded that at the last meeting she asked that they each provide her with three recommendations and she was able to accommodate at least two out of three of every request she received. The committee positions have been more equally distributed and the Commissioners all have six appointments and four or five alternate positions, so she would need a motion to accept the liaison appointment list.
Commissioner Constantine indicated he would like to continue his position on MetroPlan. Discussion ensued. Commissioner Lockhart offered to switch her appointment to the ECFRPC for the Central Florida MPO Alliance.
Motion by Commissioner Zembower, to move Commissioner Constantine and himself to the East Central Florida Regional Planning Council and Commissioner Lockhart to the Central Florida MPO Alliance.
Motion died for lack of a second.
Chairman Carey remarked they can wait and approve this at the next meeting if the majority of the Board wants to. She advised she will be sending the letters out for the Chairman’s appointments, however, because they do take effect in January. She noted if someone has a request, they should send it to her office in writing to be considered before it comes back to the Board. Commissioner Constantine reiterated his concern about being taken off of MetroPlan.
COMMUNICATIONS AND/OR REPORTS
RECEIVED FROM CHAIRMAN’S OFFICE
The following Communications and/or Reports were received from Chairman Carey’s Office and filed:
1. Letter dated November 12, 2018 to Seminole County BCC from Orange County Environmental Protection Division RE: a Temporary Point of Compliance for Circle K #2708971 with attachments. C: Susan Fields, FDEP; James Shirk, Southeastern Petroleum Contractors, Inc., Beni Siersema, Phillips 66 Company; Florida Department of Health in Seminole County; Central File and Correspondence File.
2. Letter dated November 16, 2018 to Chairman from James D. Stansbury, Florida Department of Economic Opportunity RE: Comprehensive plan amendment No. 18-06 ESR with enclosures. C: Rebecca Hammock, Seminole County; Hugh W. Harling, ECFRPC.
3. Letter dated November 16, 2018 to Chairman from James D. Stansbury, Florida Department of Economic Opportunity RE: Comprehensive plan amendment No. 18-05 ESR with enclosures. C: Rebecca Hammock, Seminole County; Hugh Harling, ECFRPC.
4. Letter dated November 21, 2018 to Chairman Carey from Donna Gardner, City of Casselberry City Clerk RE: Annexation Ordinance No. 18-1498 with ordinance enclosed. C: Members of the City Commission; City Manager; Community Development Department.
5. Letter dated November 26, 2018 to Chairman Horan from Sean Gallagher, District Manager, Florida Department of Agriculture and Consumer Services RE: 2017/2018 Annual Report for the Florida Forest Service accomplishments in the Fire Control program with enclosures. C: Bob Dallari; Lee Constantine; Carlton Henley; Brenda Carey; John Fish, Chief, Forest Protection.
6. COPY of a letter dated November 29, 2018 from Christine Watkins RE: cease and desist. Received by all BCC members. C: Amy Lockhart; Dr. Walt Griffin, SCPS Superintendent; Nicole Guillet, County Manager.
Chairman Carey announced the Executive Session will convene at 8:15 p.m. in Conference Room 3024.
There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:10 p.m., this same date.