BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

AUGUST 11, 2015

 

     The following is a non-verbatim transcript of the BOARD OF COUNTY COMMISSIONERS MEETING OF SEMINOLE COUNTY, FLORIDA, held at 9:30 a.m., on Tuesday, August 11, 2015, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Brenda Carey (District 5)

Vice Chairman John Horan (District 2)

     Commissioner Robert Dallari (District 1)

Commissioner Lee Constantine (District 3)

     Commissioner Carlton Henley (District 4)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Erin Leben

 

 

     Father John Bluett, St. Stephen’s Catholic Church, Winter Springs, gave the Invocation.  Commissioner Dallari led the Pledge of Allegiance.

BUSINESS SPOTLIGHT

The Business Spotlight video for Certified Slings was presented.

COUNTY MANAGER’S CONSENT AGENDA

     With regard to public participation, no one in the audience spoke in support or in opposition to the Consent Agenda, Items #1 through #17, and public input was closed.

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

 

 

Community Services

Business Office

 1. Approve and authorize the Chairman to execute the Satisfactions of Mortgage for households assisted under the County's SHIP Home Ownership Assistance Program, the Rehabilitation Assistance Program or the Reconstruction Assistance Program for the following: Farida M. Cato; Kelli E. Daniel; Chevon Dawkins; Bettye B. Dorman; Sarah F. Freeney and Shannon Freeney; Pamela Y. Hardy and Samuel L. Hardy; Justin Nichols; Shazia Sadler; Lori A. Solitro; Wynell Washington; Dorothy Williams; Terri Jean Willingham; and Mariela M. Seda.  (A-1117-15)

 2. Approve participation in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program; authorize the Chairman to execute the Certificate of Participation naming Valmarie H. Turner as the coordinator for the countywide application(s); and authorize the Chairman to execute any supporting documentation as may be required for the application(s).  (A-1116-15)

 

Development Services

Planning & Development Division

 3. Approve the minor plat for the Hammock Estates Subdivision containing 3 lots on 3.31 acres zoned A-1 (Agriculture), located on the north side of North County Road 426, approximately 500 feet east of Lockwood Boulevard; Stephen J. Ratcliff, Applicant.  (A-1028-15)

 4. Approve the minor plat for the Chapman Reserve Subdivision containing four residential lots on 4.63 acres zoned A-1 (Agriculture), located on the north side of East Chapman Road, approximately one-half mile east of Alafaya Trail; Stephen J. Ratcliff, Applicant.  (A-1027-15)

 5. Approve the plat for the Wingfield North Partial Replat of Lots 38 and 39 containing 2 residential lots on 2.83 acres zoned A-1 (Agriculture), located at the north end of Jacana Court, approximately 884 feet north of Vista Oak Drive; Charles A. Race, First National Bank of Mount Dora, Applicant.  (A-0998-15)

 

Public Works

Engineering Division

 6. Approve and authorize the Chairman to execute the Seminole County/MetroPlan Orlando (Urban Area Metropolitan Planning Organization) FY2015/2016 Funding Agreement in the amount of $169,429.  (A-0961-15)

 7. Approve and authorize the Chairman to execute a Purchase Agreement between Deana Pilot and Seminole County for property necessary for the construction and maintenance of a sidewalk along a portion of Station Street.  (A-1102-15)

 

Resource Management

Business Office

 8. Approve and authorize the Chairman to execute Modification #1 to the Subgrant Agreement with the State of Florida, Division of Emergency Management accepting a $129,724 increase in funding for the Hurricane Shelter Retrofit Projects; and to adopt appropriate Resolution #2015-R-134, implementing Budget Amendment Request (BAR) #15-102 through the Public Safety Grants (State) Fund in the amount of $129,724 to recognize the increase in grant funding and establish budget.  (A-1032-15)

Budget and Fiscal Management Division

 9. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-135, implementing Budget Amendment Request (BAR) #15-098 through the Public Works Grant Fund in the amount of $566,230 to recognize grant funding for the construction of the Spring Lake Elementary/Weathersfield Sidewalk Project.  FPN#437456-58/68-01.  (A-0995-15)

10. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-136, implementing Budget Amendment Request (BAR) #15-100 through the General Fund to appropriate budget of $21,672 from reserves for the procurement of Emergency Medical Dispatch protocol software upgrade.  (A-1030-15)

11. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-137, implementing Budget Amendment Request (BAR) #15-103 through the Boating Improvement Fund to appropriate budget in the amount of $35,300 from reserves to be provided to the Cameron Wight Park Boat Ramp project to fund Change Order #3 to CC-9753-14/AMM.  (A-1081-15)

12. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-138, implementing Budget Amendment Request (BAR) #15-106 through the General Fund to appropriate budget of $100,000 from reserves, due to mid-year savings, for a Grant Agreement with Leadership Seminole, Inc. to pursue the development of a community-driven plan to eliminate homelessness in Seminole County.  (A-1110-15)

13. Approve and authorize the Chairman to execute appropriate Resolution #2015-R-139, implementing Budget Amendment Request (BAR) #15-107 through various Countywide funds to appropriate budget of $172,200 from contingency or reserves, due to mid-year savings, for employee one-time performance payments. (A-1112-15)

Purchasing & Contracts Division

14. Approve Change Order #3 to CC-9753-14/AMM with Construct Co., Inc. for Boat Ramp Dock Improvements in the amount of $35,300; add an additional one-hundred nineteen (119) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute Change Order #3.  (A-1083-15)

15. Approve Single Source SS-602349-15/BJC, for Benefits Administration Software Implementation, Maintenance, Support and Training Services in the estimated annual usage of $75,000 with PlanSource Benefits Administration, Inc.; and authorize the Purchasing & Contracts Division to execute the Software Agreement and issue annual Purchase Orders.  (A-1075-15)

16. Award CC-0247-15/AMM, Construction Services Agreement for School Shelter Retrofits, Phase II in the amount of $486,717 to Phoenix Architectural Products, Inc. of Smyrna, Georgia; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-1009-15)

17.  Award RFP-602324-15/BJC, Sponsorship and Naming Rights Sales Agreement for the Seminole County Sports Complex to Major Display, Inc., Franklin, North Carolina; authorize staff to negotiate the Agreement; and authorize the Purchasing & Contracts Division to execute the documents.  (A-1085-15)

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

COUNTY ATTORNEY’S AGENDA

 

Agenda Item #18 - A-1080-15

 

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute a Satisfaction of Order Imposing Restitution Lien for Incarceration Costs against Kevin Robert Keating, in Case Number 03-4076-MMA in the amount of $250, which was imposed in favor of Seminole County. 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

CLERK’S OFFICE

Agenda Item #19 - A-1038-15

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the following: Expenditure Approval Lists dated July 13 and 20, 2015; Payroll Approval List dated July 16, 2015; BCC Official Minutes dated June 23, 2015; and authorization to destroy records as identified. 

 

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

 

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     The Board noted, for information only, the following Clerk’s “Received and Filed”:

1.    Letter to J. Marc Jones, P.A. extending the Legal Services Agreement for Counsel to the Value Adjustment Board for an additional year (Renewal #2) from September 19, 2015 to September 18, 2016 and copy of the Lawyers Professional Liability Declaration/Policy #69182 from Florida Lawyers Mutual Insurance Company.

    

2.    Florida Public Service Commission (FPSC) Consummating Order #PSC-15-0275-CO-WS regarding increase in water and wastewater rates in Seminole County by Sanlando Utilities Corporation.

 

3.    Maintenance Bond #SU1133489 for water and sewer facilities in the amount of $25,158.88 for the project known as Steeple Chase Phase 2.

 

4.    Development Orders regarding alcoholic beverage licenses as follows:  #15-27500023, Sunoco Maitland, 9725 South Hwy 17-92; and #15-27500022, Paradise Cove Restaurant, 4380 Carraway Place.

 

5.    Development Order #15-30000056, variance, Bernardo Rivera and Loida Grajales, 1229 Erik Court.

 

6.    Developer’s Commitment Agreement #14-20500016, Deer Lakes Planned Development (Final Development Plan).

 

7.    Work Order #9 to PS-0219-05, Singhofen & Associates.

 

8.    Amendment #1 to Work Order #29 to PS-1020-06, SCS Engineers.

 

9.    Amendment #1 to Work Order #74 to PS-4388-09, Pegasus Engineering.

 

10.    Work Order #15 to PS-7643-12, Southeastern Surveying and Mapping Corp.

 

11.    Closeout to Work Order #18 to CC-5075-10, AJC Construction.

 

12.    Work Order #13 to PS-8072-12, Albeck Gerken.

 

13.    Amendment #3 to Work Order #6 to PS-8148-12, Keith & Schnars, P.A.

 

14.    Work Order #25 to PS-8148-12, Keith & Schnars, P.A.

 

15.    Work Orders #26 and #27 to PS-8148-12, CDM Smith.

 

16.    Closeout to Work Order #25 to CC-8199-12, C.E. James Inc.

 

17.    Notice to Proceed for Work Order #29 to CC-8199-12, C.E. James Inc.

 

18.    Work Order #30 to CC-8199-12, C.E. James Inc.

 

19.    Corrected Amendment #1 to Work Order #12 to PS-8286-13, Kittelson & Associates.

 

20.    Work Orders #57 and #58 to RFP-8312-12, Chief Inspection Services.

 

21.    Amendment #1 to Work Order #2 to PS-8565-13, HDR Construction Control Corp.

 

22.    Change Order #1 to Work Order #17 to CC-9192-13, Corinthian Builders.

 

23.    Change Order #2 to CC-9327-14, Atlantic Civil.

 

24.    Closeout to CC-9660-14, Affordable Development.

 

25.    Closeout to CC-9706-14, Gregori Construction.

 

26.    Notice to Proceed for CC-9899-15, Stage Door II.

 

27.    Amendment #3 to RFP-600747-09, Neel-Schaffer.

 

28.    Amendment #3 to IFB-601296-11, Carol King Landscape Maintenance.

 

29.    Amendment #5 to IFB-601656-13, Bound Tree Medical.

 

30.    Amendment #2 to IFB-602048-14, Design Lab.

 

31.    Amendment #1 to IFB-602230-15, Cypress Supply.

 

32.    Bids as follows:

 

CC-0247-15 from Phoenix Architectural Products; Armor Screen Corp.; Welsh Construction d/b/a Welsh Companies; Custom Storm Shutters Direct (Declined);

CC-0222-15 from Rowe Drilling Company; Florida Design Drilling Corp.;

CC-0191-15 from CEC Motor and Utility Services; Prime Construction Group; RTD Construction; TLC Diversified; Central Florida Environmental Corp.; and

RFP-602268-15 from TouchPoint and Hewlett-Packard.

 

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Motion by Commissioner Horan, seconded by Commissioner Dallari, to approve the following:

Sheriff’s Office

20.  Approve expenditure of $50,000 from the Law Enforcement Trust Fund to provide funding to Seminole Work Opportunity Program (SWOP), a not-for-profit organization providing training and work opportunities for adults with developmental disabilities.  (A-1114-15)

21.  Approve expenditure of $1,500 from the Law Enforcement Trust Fund to provide for a contribution to Brethren Reaching Out in support of its after-school youth program activities.  (A-1105-15)

22.  Approve expenditure of $1,300 from the Law Enforcement Trust Fund for a contribution to New Bridge of Hope in support of their educational and mentoring programs for at-risk youth.  (A-1120-15)

 

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

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     The Board recessed the meeting at 9:38 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of Commissioner John Horan and Commissioner Lee Constantine who arrived late, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 1, 4 and 5 voted AYE.

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     Commissioner Horan and Commissioner Constantine re-entered the meeting at this time. 

PUBLIC HEARINGS

OREGON STREET SUBDIVISION PD REZONE

from A-1 to PD, CED Strategies, LLC

 

Agenda Item #23 – PH-2015-153

Proof of publication calling for a public hearing to consider adoption of an ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development) for a single-family residential subdivision on 9.59 acres, located on the east side of North Oregon Street, approximately one-quarter mile south of Orange Boulevard, CED Strategies, LLC, received and filed.

Matt Davidson, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  He stated the Applicant is requesting a rezone from A-1 to PD for approximately 9.59 acres in order to develop the subject property as a 30-lot, single-family residential subdivision.  Mr. Davidson stated the required open space is a minimum of 15% of the property, which is approximately 1.44 acres, and the Applicant is proposing 3.02 acres.  The Applicant is proposing a ten-foot landscape buffer around the perimeter of the subject property that will include a six-foot-high masonry wall along the western property line.  The developer will be required to construct a six-foot-wide sidewalk along north Oregon Street.

Mr. Davidson noted the Planning & Zoning Commission met on August 5, 2015 and voted unanimously to recommend the Board approve the request.  Staff finds that the requested rezone is consistent with PD Planned Development District and Seminole County Comprehensive Plan and based on this information, recommend approval of the request.

Randy Morris, 323 West Trotters Drive, addressed the Board to introduce Luke Classon, 2300 Maitland Center Boulevard, with IBI Group, as the engineer for the project.  He stated they agree with staff’s recommendation.  He commented they have had several discussions with property owners surrounding the subject property over the last couple of months and they had a productive P&Z meeting where they learned a few things they are going to act on from that meeting. 

Mr. Morris displayed a PowerPoint presentation entitled “Oregon Street Subdivision Re-Zoning” (copy received and filed) and reviewed the Aerial Map.  He described how the proposed 50-foot lots are compatible with subdivisions in the area.  He stated the width of lots changed during the Planning & Zoning meeting.  He noted they are looking at homes in this subdivision starting at approximately $275,000.

Mr. Morris displayed Future Land Use Map and Zoning Map and noted the FLU map indicates that their zoning request is appropriate for PD zoning. 

Mr. Morris reviewed Oregon Street PSP Site Plan and advised the subject property is right against the Lockhart Smith Canal.  Luke Classon, IBI Group, addressed the Board and referred back to the Aerial Map and indicated on the north side of the subject property there is a wooded area just west of the Lockhart Smith Canal and there is a canal that runs from Oregon Street and feeds into the Lockhart Smith Canal.  The County currently does not have an easement over that canal, but it does collect all the drainage from Oregon Street as well as the two subdivisions to the west.  He stated they would fill in that canal and provide compensating storage on their property for filling in that flood zone and then pipe it into the Lockhart Smith Canal from Oregon Street as opposed to just going to the open ditch that is currently there.  Mr. Morris stated they cannot quite figure out the history of this and how this happened, but he thinks it is one of those "back in the day" things.  He advised it is going across private property, so they will deal with the issue.  He added they have clarified that to the neighbors. 

Upon inquiry by Chairman Carey, Mr. Morris stated there is an easement for the Lockhart Smith Canal but not for the canal going into the Lockhart Smith Canal.  Mr. Classon clarified the easement over the Lockhart Smith Canal is 100 feet.  He pointed out on the Aerial Map the conveyance running east/west through the center of the wooded area.  He stated the conveyance is about an eight-foot ditch that collects everything from Oregon Street and feeds to the east into the Lockhart Smith Canal.  He stated the ditch is the lowest point on Oregon Street in that area.  He confirmed for Chairman Carey they intend to fill the ditch, not the Lockhart Smith Canal.

Upon inquiry by Commissioner Dallari, Mr. Morris confirmed they are not requesting approval of the Site Plan today.  Mr. Morris stated staff is reviewing the Site Plan simultaneous to the zoning request because they like people to see what they are going to do, not just do the zoning. 

Commissioner Dallari noted they are building two retention ponds and asked if there will be access to the two retention ponds for maintenance purposes.  Mr. Classon responded yes, that based on St. Johns River Water Management District (SJRWMD) requirements, they have to do dry pretreatment for phosphorus nutrient loading requirements.  He explained the “dry” will be on the west side, then they will pipe under the Lockhart Smith Canal and it will feed into a wet pond on the east side of the canal.  He noted they have been coordinating with Engineering on how they can accomplish that.  He advised there would be access on the east side and indicated the location of a road on the Aerial Map.  Mr. Morris added that all of what they are discussing is in the Master Development Plan, which is Exhibit B in the Agenda Memorandum.  Mr. Classon clarified that Halsey Avenue will provide access to the wet pond on the east side. 

Upon inquiry by Chairman Carey, Mr. Classon stated they are proposing a PVC fence along Halsey Avenue and a wall along Oregon Street.  Mr. Morris referred to the Aerial Map and indicated the location of the wall at the north/south access on Oregon Street.  He added there will be a PVC fence surrounding the property.  Mr. Classon noted it is similar to what was done in the Silverleaf subdivision.

Mr. Morris reviewed ROW Dedication/5’ Southbound Shoulder and advised they agreed to donate an additional five feet for shoulder relief, which is a little bit odd but in this case makes a lot of sense because it is a two-lane road.  He explained when people stop at the subdivision and make the U-turn in, sometimes they will creep over the yellow line, and so this gives a little bit of a pull-off and pull-around. 

Upon inquiry by Chairman Carey, Mr. Classon advised they are not doing a right- or left-turn lane and they are proposing to eliminate both because the majority of the traffic is going to be coming from the south as opposed to the north.  Mr. Morris stated staff requested they do a traffic analysis of this.  He explained they looked at all the movements from Oregon Trace, the subdivision to the north, and the vast majority of the traffic is from the south because that is where all the commercial centers, job centers, I-4 and everything else is.  Mr. Classon explained the traffic study showed over 90% would be coming from I-4, getting off on SR 46 and then entering the subdivision from the south and turning right into the subdivision versus turning left into the subdivision.  Mr. Morris added it would be a right-in/right-out kind of situation.  He advised the traffic count indicated maybe two or three left turns during peak hour into the Oregon Trace subdivision, which is a huge subdivision compared to what they are proposing.  Chairman Carey questioned whether they are going to put in a right-turn lane heading south to north.  Mr. Classon replied they currently are not proposing one.  Mr. Morris added it would not be required under the County’s rules.

Mr. Morris stated they were asked to do a tree survey, which they are required to do under the County’s rules anyway.  He advised they are looking for a 40-foot specimen magnolia tree on the northern boundary that they think is right on the line, but might be on the northern property owner's line.  Once they find that tree, they will try to divert, where they can, and work with staff on their fencing to preserve that tree. 

James Paris, 955 North Oregon Street, addressed the Board to discuss his concerns with the retention ditch.  He pointed out the ditch on the Aerial Map and stated there is a big pipe going into the canal, approximately four or five feet, coming from across the street.  He advised when it rains, it pours water.  If that ditch is filled without being piped, there will be a flood going down the street.  He stated he wanted to bring that to the Board’s attention because a lot of water comes through there in the winter. 

Chairman Carey stated when they get into the engineering phase of their project, the Applicants will have to prove the engineering that they are proposing will work.  She explained the Lockhart Smith Canal is a major canal conveyance for the whole north end of the county.  She noted about eight years ago there was some extensive work done on the Lockhart Smith Canal to improve it, including replacing the bridge at Orange Boulevard.  She added she is familiar with the drainage pattern out there.  She stated they will make sure that those engineering concerns are met.  Mr. Paris stated he thinks filling that ditch in would be a major mistake.

Written Request Form for James Paris was received and filed.

Algerina Paris, 955 North Oregon Street, addressed the Board to state James Paris is her husband.  She noted the Smith Canal is right in their back yard.  She stated she grew up on the Smith Canal and one half of her property is on one side of the canal and one half is on the other side.  The County was nice enough to put a bridge in her back yard. 

Mrs. Paris stated she thinks her husband’s concern is not with the Smith Canal, but with the drainage that runs east and west from Oregon Street to the Smith Canal; and if they close it in, there needs to be a pipe because it is huge.  Chairman Carey restated all this will be addressed in the engineering phase of the project.  She relayed there was a cross ditch that ran from Oregon Street across the property where Silverleaf is being developed now that went to the Lockhart Smith Canal as well, and they filled it in.  She explained the developers have to engineer where that water is going to go; and if it requires them to divert the water or whatever needs to happen, they have to pick it up somewhere.  They cannot just dump it out on the residents’ properties or the street. 

Mrs. Paris thanked Mr. Morris for looking into preserving the magnolia tree.  She asked where the masonry wall is going to go because she did not quite understand.  Chairman Carey advised when the public input is closed, Mr. Morris will address their questions.

Mr. Paris questioned who the engineers are that will be looking at the drainage ditch.  Chairman Carey stated the Applicant’s engineers are licensed professionals and have to sign and seal the plans in order for them to submit them to the County to be reviewed.  She stated the County’s licensed professional engineers will be reviewing the plans as well as the SJRWMD.  Upon inquiry by Mr. Paris, Chairman Carey advised there will not be a meeting regarding the engineering of the project, but there is local permitting from the County as well as State agencies that will be reviewing and permitting it.  Chairman Carey stated if Mr. and Mrs. Paris provide Mr. Davidson their contact information, he will contact them by phone and make sure they are contacted when the Applicant submits their engineering plans and let them know what plans they are proposing. 

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

Mr. Morris referred to the Aerial Map and indicated the wall will be built along Oregon Street and the fencing will be around the perimeter of the property.  Chairman Carey summarized the six-foot masonry wall is only going to be along the entrance of Oregon and then there will be a six-foot PVC fence around the perimeter of the rest of the property.  Mr. Morris explained this will give them considerably more flexibility with the fencing versus knocking down trees and it complies with the County Code. 

Regarding drainage, Mr. Morris explained the sheetflow on the topography goes from west to east, not to the north, directly into the Lockhart Smith Canal.  Treated water from at least a couple of the subdivisions and “top off” from the roadway goes into the ditch in question.  They are going to close in the ditch.  They will be piping and filling in the ditch.  He advised the pipe will be an underground, weight-bearing pipe and will comply with all standards.  He reiterated all of that has to be approved by their engineers, County staff, and by the SJRWMD. 

Mr. Morris advised if there are other key specimen trees in their buffer area, they will add to the value of their subdivision.  He stated there may be things they want to save and the fencing will allow them to save them.  He added that some jogging of the fencing with respect to the buffer will help and that is their commitment.

Mr. Morris stated they want to make sure that staff remembers in any conversations they have with the residents that it appeared as though a tree survey was already done.  He explained they have not received a tree survey from the folks they sent out there.  Some trees may have been tagged but they are not aware of it.  He stated probably when they put the order in, they will immediately produce the tree survey that was done when they were out there surveying the lines.  He noted they will do their best and also try to inform the property owners of what trees are savable and what trees will not be.  Mr. Morris explained for Chairman Carey that they do not think they have ordered a tree survey, but somebody marked some trees and it was not them.  Mr. Morris stated sometimes they do this in advance because they anticipate the work is going to be ordered. 

Motion by Chairman Carey, seconded by Commissioner Dallari, to adopt Ordinance #2015-16 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for a single-family residential subdivision on 9.59 acres, located on the east side of North Oregon Street, approximately one-quarter mile south of Orange Boulevard, as described in the proof of publication; CED Strategies, LLC.

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

AUDI SMALL SCALE LAND

USE AMENDMENT AND REZONE

 

Agenda Item #24 – PH-2015-135

Proof of publication calling for a public hearing to consider adoption of an ordinance enacting a Small Scale Future Land Use Map Amendment from High Density Residential to Commercial and the associated Rezone from Planned Development (PD) to Retail Commercial (C-2) for approximately one acre located on the west side of I-4, approximately 130 feet south of Grassendale Terrace, Roger W. Holler, III, received and filed.

Chairman Carey advised she has a conflict on this item.  She has an affiliated firm as a client and will not be voting. 

Brian Walker, Planning & Development Division, addressed the Board to advise the Applicant is requesting a Small Scale Future Land Use Amendment from High Density Residential to Commercial and an associated Rezone from Planned Development (PD) to Retail Commercial (C2) for the purpose of expanding the parking lot of an existing auto dealership.  He displayed an Aerial Photograph (received and filed) of the property and indicated the location of the proposed parking lot.  Mr. Walker presented the request as outlined in the Agenda Memorandum.

Mr. Walker noted the Planning & Zoning Commission met on August 5, 2015 and voted unanimously to recommend approval of the request and staff also recommends approval of the request. 

David Stokes, Madden Moorhead & Glunt, addressed the Board on behalf of the Applicant to state they agree with staff’s recommendations and offered to answer any questions the Board may have.

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

Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt Ordinance #2015-17 enacting a Small Scale Future Land Use Map Amendment from High Density Residential to Commercial; and adopt the associated Ordinance #2015-18, enacting a Rezone from Planned Development (PD) to Retail Commercial (C-2) district for approximately one acre located on the west side of I-4, approximately 130 feet south of Grassendale Terrace, as described in the proof of publication; Roger W. Holler, III.

     Districts 1, 2, 3 and 4 voted AYE.

     Chairman Carey abstained from voting and submitted a Memorandum of Voting Conflict Form. 

AMENDMENT TO THE CONSOLIDATED

STREET LIGHTING DISTRICT ORDINANCE

 

Agenda Item #26 - PH-2015-112

     Proof of publication calling for a public hearing to consider an Ordinance amending the Consolidated Street Lighting District, repealing and replacing Ordinance #2014-43 to create the Sedona Point Municipal Services Benefit Unit [MSBU] and to adopt initial assessment rolls, received and filed.

     Kathy Moore, MSBU Program Manager, addressed the Board to state the public-funded streetlights in unincorporated Seminole County are funded through non-ad valorem assessment, which is coordinated through the MSBU program, which is governed through the consolidated street lighting ordinance.  The consolidated street lighting ordinance is presented for revision as new MSBUs are proposed and as administrative updates are identified. 

     Ms. Moore stated the ordinance amendment presented today includes staff’s recommendation for creating the Sedona Point MSBU, which was initiated by community application and carried a petition support of 67%.  It is in Commission District 5.  The amendment also includes the adoption of the initial assessment roll for the Sedona Point MSBU and the adoption of the initial assessment roll for the Lincoln Heights MSBU which was created in August 2014.  Staff is requesting approval of the revised Consolidated Street Lighting Ordinance. If approved, the Ordinance will be effective October 1, 2015. 

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

     Emails from Robert Conte and Chester Brummett regarding the Sedona Point MSBU were received and filed.

     Motion by Commissioner Horan, seconded by Commissioner Constantine, to approve and authorize the Chairman to execute Ordinance #2015-19 amending the Consolidated Street Lighting District, repealing and replacing Ordinance #2014-43, to create Sedona Point Municipal Services Benefit Unit (MSBU); and to adopt the initial assessment rolls for Lincoln Heights MSBU and Sedona Point MSBU, as described in the proof of publication.

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

2015 NON-AD VALOREM ASSESSMENT ROLL

Agenda Item #25 – PH-2015-113

     Proof of publication calling for a public hearing to consider approval of a Resolution adopting the 2015 Non-Ad Valorem Assessment Roll with certification provided to the Seminole County Tax Collector, received and filed.

     Kathy Moore, MSBU Program Manager, addressed the Board to state the purpose of this public hearing is to provide opportunity for public input prior to the Board adopting and certifying the consolidated Non Ad-Valorem Assessment (NAVA) Roll for Tax Year 2015.  Ms. Moore explained the Assessment Roll presented is a listing by parcel of assessments levied to fund public services that offer a special benefit to properties on a localized basis.  These services include street lighting, residential solid waste management, lake and aquatic vegetation management, as well as essential construction such as road paving, metered water service lines, wastewater conveyance, lake retention pond restoration and neighborhood wall reconstruction.   She pointed out that typically these services are provided in response to the request of property owners. 

     Ms. Moore advised that the MSBUs for which the 2015 assessments are levied were established previously by ordinances adopted at various public hearings.  The assessment rates for the MSBUs that have variable rates were authorized by the Board by Resolution on May 12, 2015.  She added that as required by Florida Statute, a notice of the proposed assessments was mailed in July to the owners of all properties listed in the 2015 Assessment Roll.  The Assessment Roll presented today is based on mailed notice data and the Consolidated Street Lighting Ordinance amended today.  The final roll to be submitted to the Tax Collector by September 15th for inclusion on the 2015 Property Tax Roll will include minor updates to accommodate property record changes initiated by the Property Appraiser and also residential solid waste service option changes.  Ms. Moore noted that a rate reduction from $165 to $155 per unit is reported for the Bear Lake Circle MSBU due to a delay in equipment installation.  Staff requests that Board adopt and provide certification of the 2015 Non-Ad Valorem Assessment Roll. 

     Ms. Moore submitted an information package into the record.

     Ms. Guillet advised the NAVA Roll did not print as an attachment in the Agenda and she wanted to ensure a copy of it was entered into the record.  Ms. Moore stated the complete NAVA Roll is hundreds of pages but she has it on a thumb drive.  Commissioner Horan noted the thumb drive containing the 2015 NAVA Roll was entered into the record.

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

Written Public Commentary in response to Non-Ad Valorem Assessment Notice was received and filed.

Motion by Commissioner Horan, seconded by Commissioner Constantine, to adopt appropriate Resolution #2015-R-140, adopting the 2015 Non-Ad Valorem Assessment Roll with certification provided to the Seminole County Tax Collector.

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

CHAIRMAN’S REPORT

     Motion by Chairman Carey, seconded by Commissioner Dallari, to adopt appropriate Resolution #2015-R-141, commending Jennifer Finch for her service on the MetroPlan Citizens’ Advisory Committee.

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

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     Chairman Carey announced that this morning Diane Crews has been selected as the next president of the Orlando Sanford International Airport.  She will be the first woman to serve in that position, and will take the reins in the beginning of October.  President Dale will continue to serve until September 30th, and the transition will happen at that time. 

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     Ex parte communications from Chairman Carey were received and filed.

COMMUNICATIONS AND/OR REPORTS

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

1.    Copy of letter dated July 16, 2015 from Petrina Herring, Bureau Chief of Florida Department of Law Enforcement, to Chairperson Carey RE:  Federal Fiscal Year (DDY) 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, JAG Countywide, State Solicitation.  (C: Mayors in Seminole County; Law Enforcement Agencies in Seminole County; Current JAG Project Directors in Seminole County)

 

2.    Letter and attachments from Alan Van Lewen, Florida Department of Health, to Chairperson RE: request for annual emergency medical services (EMS) county grant funds.

 

3.    Letter dated July 27, 2015 from Marva Johnson, Bright House Networks, to Commissioner Carey RE: upcoming changes to cable programming lineup.  (C: Nicole Guillet; Matt Chesler; Michel Champagne)

 

4.    Letter dated July 28, 2015 from David Johnson, Seminole County Property Appraiser, to Chairman Carey RE: 2015-2016 Seminole County Unincorporated Road District’s proportionate share of final budget.

 

5.    Letter dated July 28, 2015 from David Johnson, Seminole County Property Appraiser, to Chairman Carey RE: 2015-2016 Seminole County/Municipal Fire District’s proportional share of final budget.

 

6.    Letter dated July 28, 2015 from David Johnson, Seminole County Property Appraiser, to Chairman Carey RE: 2015-2016 Seminole County Board of County Commissioner’s proportionate share of final budget.

 

7.    Copy of letter dated July 28, 2015 from Chairman Carey to Norton Bonaparte, Jr., City of Sanford City Manager, RE: Seminole County/City of Sanford Joint Planning Agreement.  (C: City of Sanford Mayors and Commissioners; Tom George, Deputy City Manager; Russ Gibson, Sanford Planning & Development Services Director; Nicole Guillet, County Manager; Bruce McMenemy, Deputy County Manager; Meloney Lung, Assistant County Manager; Tina Williamson, Development Services Director; Rebecca Hammock, Planning & Development Manager)

 

8.    Copy of letter dated July 28, 2015 from Chairman Brenda Carey to Orange County Mayor Teresa Jacobs RE: the I-4 “Beyond the Ultimate Project” task force.  (C: Jim Harrison, Orange County Director of Regional Mobility)

 

9.    Letter dated July 29, 2015 from Brian Garrity, National Procurement Institute, to Chairman Carey RE: Seminole County’s Procurement Department earning the 2015 Annual Achievement of Excellence in Procurement Award.  (C: Ray Hooper, Purchasing & Contracts Manager)

 

10.    Copy of letter and attachment dated July 30, 2015 from Ray Valdes, Seminole County Tax Collector, to Chairman Carey RE: proposed 2015-2016 Budget for the Office of the Tax Collector.  (C: Nicole Guillet, County Manager; Commissioner Dallari; Commissioner Horan; Commissioner Constantine; Commissioner Henley)

 

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Dallari referred to a letter from Dr. Walt Griffin, Superintendent of Seminole County Public Schools, to Commissioner Pam Stewart, Florida Department of Education, (copy received and filed) regarding the School Board and standardized testing.  He stated he wants to make sure everybody gets a copy of the letter because he hopes to have some discussion when they come and talk to the Board during the work session.  Chairman Carey stated Dr. Griffin is scheduled on the Agenda to make a presentation regarding testing at the next meeting.  Commissioner Dallari reiterated he just wanted to make sure everyone had the letter.

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     Commissioner Dallari stated he received a packet from AquaFiber (copy received and filed).  He advised that towards the end of the fiscal year, AquaFiber will be leaving Lake Jesup and they want to talk to the Board about creating a public/private partnership to continue their work.  He requested the County Manager distribute the packet as he would like to have some dialogue on that in the Budget Work Session to see if there is consensus to continue that if it makes sense from the County's perspective.  Chairman Carey stated that would be to address the TMDLs in Lake Jesup and what the effect of that has been.

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     Commissioner Horan advised that as requested at the Budget Work Session, he has completed a draft letter to the Legislative Delegation.  He has submitted it to the Clerk and also to the Chief Judge for review and the letter should be ready for signature within the day. 

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     Commissioner Constantine reported the Florida Trust for Historic Preservation had a Welcoming Reception in Sanford on August 7th.  He received reports from them that they were very pleased with the facilities, the generosity of staff and everything that went forward at the reception, and they requested he convey that to the rest of the Board.

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     Commissioner Constantine reported on August 22nd, the Central Florida Zoo will have their major fundraiser and the theme this year is “The Great Catsby.”  He confirmed for Chairman Carey that tickets are available and can be purchased through the Zoo.

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     Commissioner Constantine announced that on August 14th, Charity Challenge will give this year's proceeds of nearly a quarter of a million dollars to 78 different charities, many of which are from Seminole County.  He stated he is going to break it down between Seminole County and Orange County so that everybody can see just how much goes to the various charities.  He noted Charity Challenge is still an all-volunteer organization and the total raised over the years is $5.675 million.

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     Commissioner Constantine reminded the Board that they had a great deal of debate, he believes late last year, about changes in the definitions of the Code regarding calculations of densities.  The difference was with right-of-ways and power lines and that they would be added in an inclusion.  He added they now have a large representation of the new Code and there is a 15% increase in development, so it was not a small change as some people had indicated.  He commented though many times, people do not develop at the total density that they are allotted.  As an example regarding today’s agenda item, Oregon Street Rezone, they were allotted 31 lots and will only use 30; but still that was up from 27 that they would have been allotted previously.  He stated this is no reflection on any individual project; he just wanted to let the Board know that this does have an impact on development and density in the communities.

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     Chairman Carey reported at the Orlando Sanford International Airport, domestic travel is up 15% from last year and international travel is down 14%.  She noted international travel is usually down in the summertime.

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     Chairman Carey stated the Central Florida Landlord Summit to address homelessness was on July 29th at the Sheraton Orlando North and it was a great way to introduce the opportunities that are coming on-line for the chronically homeless as well as open doors for family housing through rapid re-housing.  She mentioned it will also add additional units for veterans.  There is a goal in Central Florida to have all of the homeless veterans housed by the end of the year.  She stated there were over 180 attendees and over 100 landlords, and nearly all the landlords in attendance stayed for the breakout sessions to further discuss how they could help with this issue. 

     Chairman Carey advised Joel John Roberts, CEO of PATH (People Assisting the Homeless), was the keynote speaker of the Landlord Summit.  PATH is based in Los Angeles which is the number one site for homelessness in the country.  They were established in 1984 and have grown to have 12 facilities throughout Southern California.  PATH is the largest provider of rapid re-housing services in California and they also provide supportive service, permanent housing development, support for homeless families and community engagement.  They have 1,000 units of permanent supportive housing completed and/or in development.  She opined it was very interesting to have an opportunity to talk to Mr. Roberts and she asked staff after the meeting was over if they could take a minute to talk to him for some lessons learned. 

     Chairman Carey stated they have all been trying to learn lessons and not re-create the wheel on the solution to homelessness.  Commissioner Dallari traveled to Texas and others have looked at various sites.  She mentioned Phoenix, Arizona is another place where they have done some really unique things on the homeless front.  She hopes that the House and Federal government will take up the homelessness issue.  She stated they will continue to be focused on the homelessness issue and it is on their priority list; however, they cannot solve it alone.  She thinks the point of this Landlord Summit was to try to get the landlords to come forward to understand that renting to a homeless person today is a little different than it has been in past due to all the support services and case management that comes along with it now. 

     Chairman Carey felt the outcome of the Landlord Summit was very good.  She added Ms. Guillet was there as well as Valmarie Turner, Community Services Director, and her team, and she remarked they are doing a great job of leading the way on the homelessness issue. 

     Commissioner Horan questioned if the 1,000 units of permanent supportive housing through PATH were existing units or constructed units.  Chairman Carey stated over time, PATH has either bought them, built them, developed them or done them in partnership.  Upon inquiry by Commissioner Horan, Chairman Carey advised according to PATH, the units they develop are funded mostly with private contributions.  She added PATH has a public/private partnership approach, which is similar to what they have been talking about locally.  They are a family of public, private and faith-based agencies working together to end homelessness.  She reiterated not one agency alone can solve the homelessness problem. 

     Chairman Carey advised she would distribute Mr. Roberts’s card to the Commissioners so they can contact him directly. 

COUNTY ATTORNEY’S REPORT

     Mr. Applegate reported the Putnam County Environmental Council’s challenge to the Fourth Addendum to the St. Johns River Water Management Plan, which makes the St. Johns River an alternate water site, will be heard by Florida Land Water Adjudicatory Commission (FLWAC) on September 1st.  Seminole County is represented by Edward P. de la Parte, Jr. and Nicolas Porter, de la Parte & Gilbert, P.A.  He stated he talked to them both yesterday and early this morning and they will advise him if they need anyone to come up to testify.  He noted Mr. de la Parte and Mr. Porter have reminded him that the Board should not contact members of FLWAC since it is a quasi-judicial proceeding. 

     Mr. Applegate advised there are two issues that will be decided.  They will decide the major appeal and also decide whether or not Seminole County is an intervenor or just filing an amicus.  He explained that is an important decision because if FLWAC rules against them as an intervenor, Seminole County has a right to an appeal and with an amicus, it is doubtful.  He stated he will keep the Board posted on a regular basis as things progress between now and September 1st.

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     Mr. Applegate advised he is working on a plan with staff to update the overall plan on how notices are provided for the advisory committees.  He stated he has not spoken with the County Manager yet regarding this, but the thought would be that each department designate a staff person to work with the advisory committee, if they have not already, because these members are volunteers and it should be upon the staff to make sure that the notices are timely, which they usually are. 

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     Mr. Applegate stated at the last meeting, he mentioned FACA (Florida Association of County Attorneys) would be having a conference call with committee chairmans on preemption and unfunded mandates.  Each committee has already started their project and he opined it has been fascinating to see some results already.  Among the strategies they are trying to attack, one is that they are preempted on regulating farming, but at the same time, they are given unfunded mandates to regulate fertilizers.  He stated they are trying to develop talking points and strategies on how to address those issues.

     Chairman Carey questioned whether there would be an opportunity for public comment at the hearing that is going to be before the Commission because it is a quasi-judicial hearing.  Mr. Applegate stated he thinks there would be but he will confirm with Mr. de la Parte because as of this morning, they were not sure whether or not anyone was going to be allowed to testify.  He stated he will be making daily phone calls to them. 

ITEMS FOR FUTURE AGENDA

     John Casselberry, 700 Lost Lake Lane, addressed the Board to state he went to a City of Casselberry Lakes Management meeting and told them about the project the County had around Big Tree Park for processing for pollution and asked if they could do it in Casselberry.  He advised that Kelly Brock, City of Casselberry, got into a discussion about the cost of the alum treatment and it could be as low as $10 per pound of phosphorus extracted if put directly in a lake or it could be as much as a $1,000 or more per pound if it goes through a lot of pollution control treatment mechanisms.  He recommended the Board get a copy of what Mr. Brock said at that meeting.  He suggested if the objective is to clean phosphorus from Lake Jesup, they might want to do it directly in the lake or maybe just do little treatment in the areas where it produces a lot of phosphorus before it gets into the lake. 

     Mr. Casselberry stated he looked at the Big Tree Park area last Thursday for the first time since the 90s.  It was the first time he saw the burned tree and he thinks it is pretty grim looking.  He stated there are cypress knees inside and outside of the fence line and they have some green algae on them.  They are not sprouting anything as far as the beginning of another tree so it really needs to be cleaned.  Chairman Carey advised they decided to leave the burned tree there as a reminder of what a disaster can occur due to illegal drug activity.  She advised a clone has already been planted in the park and there has been a request from someone to come and get some DNA from it to clone additional trees. 

     Mr. Casselberry discussed his concern with a big bulge in the side of the remaining tree and stated it looks like the tree is reacting to some kind of irritant.  

     Commissioner Horan mentioned the exhibit, the Senator’s Sculptures: Ancient Wood Reborn, is on right now at the Museum of Seminole County History where you can actually see the works of art that have been prepared.  He announced that the last time to have the opportunity to attend an event where you can talk to the artists is going to be 7:00 p.m. on August 26th.  He added it is a really unique opportunity to address the artists who are there displaying the works of art that they have made out of the Senator.  Commissioner Horan stated he thinks the exhibit is closing in September and they will have the closing ceremony.  At that point there will be a permanent exhibit and then they will decide about the traveling exhibit.

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     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 2:26 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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