BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

SEPTEMBER 22, 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, September 22, 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)

     Clerk of Court and Comptroller Maryanne Morse (late)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Deputy Clerk Terri Porter

 

     Absent:

     Commissioner Carlton Henley (District 4)

 

 

 

 

     Dr. Brenda Frei, Central Florida Freethought Community, Oviedo, gave the Invocation.  Commissioner Dallari led the Pledge of Allegiance.

     Maryanne Morse entered the meeting at this time.

BUSINESS SPOTLIGHT

The Business Spotlight video for Dominica Recreation Products was presented.  Chairman Carey thanked Rob Dominica, President of the company, for providing the park at Red Bug Lake in honor of his father, and she asked that he convey the Board’s heartfelt appreciation to his family.  Mr. Dominica recognized the PARC’S Foundation, a non-profit Seminole County organization, and stated they want to build more of these playgrounds.  Commissioner Horan advised that some of the PARC’S board members are in attendance today:  Charley Sloan, Bob Steenson, Barbara Whittier, and Matt Criswell.  He thanked them and others for forming a 501(c)(3), which is separate from the County, for the purposes of advancing philanthropy for Seminole County natural lands, parks and recreation.  He stated that there are opportunities to contribute to this wonderful foundation.

AWARDS AND PRESENTATIONS

Agenda Item #1 – A-1297-15

Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution #2015-R-155 recognizing Larry Dale, upon his retirement as President and CEO of Orlando Sanford International Airport, for his dedication, exemplary service and contributions to the Airport, and all who use it, the City of Sanford, and Seminole County.

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

Mr. Dale addressed the Board to express his appreciation.  Commissioner Dallari stated Mr. Dale will not be forgotten and will be almost impossible to replace.  He added he knows that Diane Crews will do a phenomenal job.  Chairman Carey recognized and congratulated Ms. Crews and stated she will be the new President of the Sanford Airport and commented that she is the first woman to ever serve in that position.

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Agenda Item #2 – 2015-170

     Motion by Commissioner Dallari, seconded by Commissioner Horan, to adopt appropriate Resolution #2015-R-152 recognizing Jennifer Lawrence for 35 years of service and dedication to Seminole County Government and its citizens, upon her retirement from the Department of Community Services, Community Assistance Division, on September 30, 2015.

     Districts 1, 2, 3 and 5 voted AYE.

     Ms. Lawrence addressed the Board to express her gratitude.

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Agenda Item 3 – 2015-192

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt appropriate Resolution #2015-R-154 recognizing the following nine companies as award recipients at the upcoming Seminole County Regional Chamber of Commerce Industry Recognition Luncheon on October 15, 2015, and for their capital investment and job creation within Seminole County:  Bentley Architects + Engineers, Inc.; Convergys; Deloitte Consulting LLP; Dixon Ticonderoga Company; FARO Technologies, Inc.; Genesis10; Greenway Health; HCA Inc.; and Hernon Manufacturing.

Districts 1, 2, 3 and 5 voted AYE.

State Representative Jason Brodeur, Chamber President & CEO, addressed the Board to thank them on behalf of the Chamber, all of the recipients for the industry recognition luncheon, and all the businesses that are partners in the Chamber.  He stated these companies that will be recognized this year have made significant capital investments and/or created jobs over the last year.

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Agenda Item 4 – A-1292-15

Bob Burke, Chairman of Kids House of Seminole, Inc., addressed the Board and stated that several of their board members and almost all of the staff are in attendance today.  He added that these are the people that work unbelievable hours to take care of the needs of young people within the County, and the BCC does a lot to support that.  He invited those that have not done so to tour the facility because he said “it will tear one’s heart out” and show why staff does what they do, and why they have the support of the Kids House board members. 

Mr. Burke stated that almost nine years ago, they opened the doors to the facility and they were able to meet the needs, but now, nine years later, they have additional needs.  He added they recognized this a few years ago so they looked at the property adjacent to the east of the Kids House property.  He added they are currently leasing the Kids House property from the County and they are halfway through their lease.  He stated they will come back to talk about extending the lease before they get too close to the end of that term. 

Mr. Burke advised they were able to procure two lots to the east of the Kids House site due to the financial support of the BCC and the Wayne Densch Charitable Foundation.  They now have a master plan. 

Mr. Burke displayed aerial photos of the Kids House property (not received and filed).  He stated they expect to be in construction for another month and he advised the construction is being managed by Wharton-Smith and the design was done by CPH, Inc.  He mentioned that representatives from both firms, who are also on the Kids House board, are in attendance today.  He added that their board is community-based and they have a lot of support.

Mr. Burke said he is here today with a very sincere thank you to the Board for their support because those at Kids House really believe that the Seminole County BCC really cares about the health and welfare of its young citizens and it supports Kids House in a way that they desperately need to continue.  But most of all, he said, they respect and thank this Board for the privilege of being in partnership to take care of very sincere needs within the County and that is to deal with young people and families who are subjected to abuse that never seems to go away.  Their mission is to eliminate abuse and continue to counsel people to have a wholesome life.

Chairman Carey stated that Kids House plays a vital role in the community working with law enforcement regarding abuse of children.  She encouraged anyone who has not already done so to take the tour and she then relayed a story of a philanthropic friend who took the tour and quickly made a very generous donation.  She thanked them for all the good work they do.

Commissioner Dallari asked Mr. Burke to describe the expansion of Kids House, the actual services.  Mr. Burke explained there is a unique service that is planned for what they call the Hester House and that is a nurturing family program to actually bring young people and their families together to start to think and act as a family unit in a different way than they have in the past.  This house, once it is renovated which is the next phase, is to provide a facility for cooking, eating and fellowship and family units or collective families in different sizes.  It is something that happens now at Kids House in a fractured way -- in a way the building was not intended to be used.  This house will give a setting for that to happen better.  Beyond that, the safety of the access and egress to the site is now accomplished; they now have a connection to Hester Avenue and they can get to the intersection at Ronald Reagan Boulevard.  He stated they are now poised for the development across the street which puts them in a great location. 

Commissioner Dallari stated Kids House does a phenomenal job but it plays more defense than offense.  This is really the first time they will be actually playing offense in trying to stop child abuse before it even happens.  He said they should all be commended for that.  He wanted to make sure that was clear and that that is the next page in the chapter for Kids House.

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Agenda Item 5 – A-1295-15

     Chairman Carey announced that the Purchasing Division, Ray Hooper and his team, have received the 2015 Annual Achievement of Excellence in Procurement Award which is presented by the National Procurement Institute.  The award was then presented by the Board to Mr. Hooper and his staff.

     Ray Hooper, Purchasing & Contracts Manager, addressed the Board to state that this award is based upon measured procurement functions in the areas of productivity of staff, staff performance, measurements, policies and procedures, and management and leadership of the procurement operation.  He thanked the Purchasing & Contracts team and said they are highly trained, motivated and professional.  He also thanked the senior management team, the County Manager, and the Resource Management Director Mr. Bass, for their leadership and their support.  He further thanked the County Attorney’s Office for their legal support and the Clerk of the Court for their audit support.  He explained that audits are extremely important for this award especially in the areas of continuous improvement.

     Finally, Mr. Hooper stated he would like to thank the Board of County Commissioners for their support in adopting a solid, transparent procurement code, administrative code, and those policies and procedures that support the code.  He added that this award and the many other awards that they have received would not be possible if the entire team did not work together in providing the best value, compliant procurement services to the taxpayers.  Chairman Carey thanked them for a job well done.

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Chairman Carey recessed the meeting of the Board of County Commissioners at 10:10 a.m., and convened as the U.S. Highway 17-92 Community Redevelopment Agency (CRA).

U.S. HIGHWAY 17-92 CRA

Agenda Item #6 – A-1180-15

Sonia Fonseca, U.S. 17-92 CRA Program Manager, addressed the Board to present the U.S. 17-92 CRA budget for fiscal year 2015/16.  She stated that staff is asking the Board to consider a resolution adopting this budget pursuant to Chapter 189.016, Florida Statutes.  She added that this is the process they follow each year.  As part of the review of the 2015/16 fiscal year, staff conducted briefings to explain the numbers to each member of the Board.  She stated the total budget is $10,488,823. 

Chairman Carey confirmed with Ms. Fonseca in regard to the $1.6 million that was approved already by the Board for the Sanford project that those numbers are in the reserve under the Capital Improvements line.

Chairman Carey questioned in regard to the reserve for development grants for private organizations whether they are commitments that have already been made.  Ms. Fonseca explained the $588,000 is actually designated in the capital improvement plan for government aid and when the budget was prepared, the label that was placed on that contingency reflected private organizations, but it is for government aid.  Chairman Carey stated that in their workshop, the Board discussed that they were going to stop issuing grants and look at focusing on the master planning of the stormwater and some fixes for that, which they think would be more beneficial to the CRA district than an individual grant here and there.

Nicole Guillet, County Manager, suggested that if it is simply mislabeled that they just make that correction in the record and when they bring forward the budget at the public hearing this evening, they can have that corrected if that is the wish of the Board.  Upon inquiry by Commissioner Horan, Ms. Guillet stated it would stay in contingency; they would just change it from private aid to public.  They designate those funds in reserve and as the Board approves projects, they typically do a budget amendment that designates those funds for whatever project that is.  So whether it’s identified as private or public really is inconsequential because there is not a specific project tied to those dollars.  She added if the Board is more comfortable with it and they want to inform the public through the budget that their intention is to put the money aside to have it available for public grants, then they can fix that.

Commissioner Horan stated it goes back to the basis of Chairman Carey’s questions which was whether this is for things they have already approved and it is not; it is totally a reserve, and if in fact they are going to budget it properly, it probably just needs to be re-designated.  Ms. Guillet stated they can fix that before the second public hearing tonight.

Chairman Carey added they have said to stop taking applications so she does not want the public to look at this and think there is money out there for private grants, which is why she brought it up.

Ms. Guillet stated in regard to the $1.6 million for the Sanford project that Chairman Carey had mentioned, it has not officially been approved and she did not want to give anyone the impression that it had been.  She advised the Board had asked that it be earmarked because they knew the project was coming back.  She added the Board will actually consider that formally next month.  Chairman Carey commented that the money has been earmarked for quite some time, and she said she just wanted to confirm for the public where it is because she has had that question.

Chairman Carey stated to be sure they give staff direction, she wanted to confirm that it is still the intent of the Board to focus these dollars on stormwater and not on private aid.  The Board voiced no objections.

Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt appropriate Resolution #2015-R-156 establishing the annual U.S. Hwy 17-92 Community Redevelopment Agency budget for fiscal year 2015/16.

David Leavitt, 1000 Ridge Point Cove, addressed the Board to thank them for not giving away taxpayer money to things that are not owned by taxpayers.  He added it is a good use for the money.

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

Speaker Request Form was not received and filed.

Commissioner Dallari clarified the motion by stating in regard to the $588,214 in reserves, the item will be relabeled to be focused on stormwater projects and not on development grants for private organizations.  The Motioner agreed.

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

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Agenda Item #7 – A-1173-15

     Ms. Fonseca presented the request to consider approval of the Third Amendment to the CRA Redevelopment and Construction Grant Agreement between Seminole Sir Vac & Sew Vacuum Village and the U.S. 17-92 CRA.  She stated that this is the third extension being requested by this grant recipient and explained that Sir Vac & Sew was one of the businesses that were impacted by the flyover and they have struggled to build their new building.  She advised they are about complete; their expiration would have been at the end of this month and instead they are asking for a couple of extra months because they just concluded litigation over a faulty roof installation.  She added the Redevelopment Agency also supported the extension for the several months to allow them to complete their project.

     Chairman Carey questioned whether staff is confident that the December 31 date will be sufficient time for them to get their C.O.  Ms. Fonseca advised they originally requested the extension for only thirty days, but staff added two months to be safe.

     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 approve the Third Amendment to the CRA Redevelopment and Construction Grant Agreement between Seminole Sir Vac & Sew Vacuum Village and the U.S. 17-92 CRA, for the property located at 700 North Street, Fern Park, extending the completion date from September 30, 2015 to December 31, 2015.

     Districts 1, 2, 3 and 5 voted AYE.

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Chairman Carey adjourned the meeting of the U.S. Highway 17-92 Community Redevelopment Agency at 10:20 a.m., and reconvened as the Board of County Commissioners.

COUNTY MANAGER’S CONSENT AGENDA

     Ms. Guillet advised there are two add-on items:  Item #31A regarding a sidewalk easement along a portion of Hillview Drive and Item 48A, Work Order #4 to PS-0009-15 for the Southwest Road ditch drainage improvement project.

     With regard to public participation, no one in the audience spoke in support or in opposition to Items #8 through #49 and public input was closed.

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

Community Services

Business Office

 8.  Adopt and authorize the Chairman to execute appropriate Resolution #2015-R-157 amending certain fees set forth in Section 20.26 of the Seminole County Administrative Code pertaining to fees and charges for services provided by the Seminole County Health Department.  (A-1241-15)

 9.  Approve and authorize the Chairman to execute the Health Council of East Central Florida Medical System of Care Agreement which provides outpatient medical health treatment services to uninsured and underinsured residents of Seminole County for either free or at a reduced-cost basis.  (A-1242-15)

10.  Approve and authorize the Chairman to execute Satisfactions of Mortgage for households assisted under the County's SHIP Home Ownership Assistance Program, the Rehabilitation Assistance Program or the Reconstruction Assistance Program as follows:  Stephanie Cassis, Roxana Diaz, Antonia Pagan, Lisa M. Pelaez, Jan Phet & Vixay Sisounthone, and Norisha Quinones.  (A-1264-15)

11.  Approve and authorize the Chairman to execute the contract between Seminole County and the State of Florida Department of Health for operation of the Seminole County Health Department contract year 2015/16 in an amount not to exceed $807,970.  (A-1247-15)

Community Assistance Division

12.  Approve and authorize the Chairman to execute the Federally Funded Subgrant Agreement for the 2015/16 Community Services Block Grant (CSBG) Award between the State of Florida, Department of Economic Opportunity, and Seminole County in the amount of $275,479.  (A-1250-15)

Community Development Division

13.  Approve and authorize the Chairman to execute the Seminole County and Goldsboro Front Porch Council, Inc. Subrecipient Agreement, program year 2014/15, for provision of public services.  (A-1243-15)

14.  Approve and authorize the Chairman to execute the First Amendment to the Seminole County/Community Based Care of Central Florida, Inc. Emergency Solutions Grant Subrecipient Agreement for Program Year 2014/15 to extend the original Agreement through March 31, 2016.  (A-1270-15)

15.  Approve and accept the Neighborhood Stabilization Program (NSP) monthly snapshot/report and properties acquired by Seminole County Government.  (A-1246-15)

16.  Approve and authorize the County Manager to execute the Florida Housing Finance Corporation forms required for funding at the state level as follows:  (1) Ashford Pointe, (2) Bristol Manor, (3) Bromley Square, (4) Monroe Place, (5) Park Hill Apartments, (6) Regal Club Apartments, and (7) Sandhill Crossings.  (A-1249-15)

P.A.Y. Division

17.  Approve and authorize the Chairman to execute the Community Based Care of Central Florida Agreement (Year Six Children's Mental Health Grant) to reflect the annual award of $1 million as well as carryover un-obligated funds from year five to year six for continued planning and implementation activities.  (A-1245-15)

 

Development Services

Planning & Development Division

18.  Approve the replat for Acuera Lot 1 on 0.72 acres zoned PD (Markham Road - Longwood Markham Road Planned Development), located on the southeast side of the intersection of Markham Road and Hawksbill Lane; Joe Jenkins.  (A-1096-15)

19.  Approve the plat for the Aloma Trails subdivision containing 70 lots on 7.8 acres zoned PD (Planned Development), located on the west side of Old Howell Branch Road, north of Aloma Avenue; JTD Land at Aloma Trails, LLC.  (A-0960-15)

 

Environmental Services

Business Office

20.  Adopt appropriate Resolution #2015-R-158 amending Seminole County Administrative Code Section 20.45 with updates addressing the Water and Wastewater Service Capacity Guidelines.  (A-1183-15)

21.  Approve the Release of the original Cash Maintenance Bonds with Escrow Agreements:  Central Florida Oral & Maxillofacial Surgery, $496.49; Gabriella Lane Water Main Extension (John Bocchicchio), $3,909.00; Northview Student Housing (Northview Knights), $1,996.60; and Pep Boys (Alafaya & Carrigan), $1,180.19.  (A-1207-15)

Solid Waste Management Division

22.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for GES Waste, LLC effective from October 1, 2015 through September 30, 2016.  (A-1174-15)

23.  Approve the semi-annual fuel index adjustments (CPI-F) for residential solid waste collection services, as set forth in Section 13(e) of the Residential Franchise Agreements, with new rates to become effective on October 1, 2015.  (A-1074-15)

24.  Renewal of Non-Exclusive Franchise Agreements for Commercial Solid Waste Collection Service from October 1, 2015 to September 30, 2016 for the following:  (1) Advance Disposal Services Solid Waste Southeast, (2) Container Rental Company, (3) Progressive Waste Solutions of Florida, (4) Waste Management of Florida, and (5) Waste Pro of Florida.  (A-1218-15)

25.  Renewal of Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection Service with Republic Services, from October 1, 2015 to September 30, 2016.  (A-1260-15)

 

Leisure Services

Library Services Division

26.  Approve and authorize the Chairman to execute a Grant Agreement between the State of Florida, Department of State, and Seminole County 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.  (A-1229-15)  

Parks & Recreation Division

27.  Approve and adopt appropriate Resolution #2015-R-159 accepting the donation of a fully-installed playground at Red Bug Lake Park from Dominica Recreation Products, Inc. and Gametime/Playcore through Friends of Seminole County Parks and Preservation Foundation, Inc.  (A-1286-15)

 

Public Works

Engineering Division

28.  Approve and authorize the Chairman to execute a Purchase Agreement between Jennifer E. Fowlkes and Seminole County for early acquisition of property needed for the Dean Road Widening Project.  (A-1193-15)

29.  Approve and authorize staff to proceed with Wymore Road safety improvements (Alternatives 3 or 3a) from Orange County Line to Spring Valley Road.  (A-1203-15)

30.  Approve and authorize the Chairman to execute a Purchase Agreement between Wavie Alloway and Seminole County for property necessary for the construction and maintenance of a stormwater retention pond on the east side of Southwest Road at 20th Street.  (A-1290-15)

31.  Approve and authorize the Chairman to execute a Purchase Agreement between Clay E. Knight and Seminole County for property necessary for the construction and maintenance of a sidewalk along a portion of Station Street.  (A-1168-15)

31A. Approve delegation of authority to the County Manager to accept the Sidewalk Easement between Hattaway Holdings, LLC and Seminole County for property necessary for the construction and maintenance of a sidewalk along a portion of Hillview Drive after the owner has made necessary corrections to this document, with the further authority to delegate this acceptance authority to the appropriate County staff.  (No file number.)

Fleet/Facilities Division

32.  Approve and authorize the Chairman to execute the First Amendment to Reflections of Hidden Lake Community Services Department Lease.  (A-1184-15)

 

Resource Management

Business Office

33.  Approve and authorize the Chairman to execute a Grant Agreement with the Florida Division of Emergency Management in acceptance of $6,499 through the Hazards Analysis Program.  (A-1216-15)

34.  Approve and authorize the Chairman to execute a Grant Agreement with the Florida Department of Agriculture and Consumer Services in acceptance of up to $31,540 through their Arthropod (Mosquito) Control Program.  (A-1261-15)

35.  Approve and authorize the Chairman to execute the Notice of Award in acceptance of the terms and conditions for the Adult Drug Treatment Court Enhancement Grant in the amount of $324,996 for FY 2015/16 from the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA).  (A-1289-15)

Budget and Fiscal Management Division

36.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-161 implementing Budget Amendment Request (BAR) #15-111 through the Water and Sewer Operating Fund in the amount of $20,050 to reallocate budget for the purchase of payment processing software for utility payments.  (A-1219-15)

37.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-162 implementing Budget Amendment Request (BAR) #15-112 through the General Fund in the amount of $9,000 to re-allocate operating budget for the construction of a new sentinel chicken coop for the Mosquito Control Program.  (A-1220-15)

38.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-163 implementing Budget Amendment Request (BAR) #15-113 through the Public Works Interlocal Fund in the amount of $76,560 to establish funding provided by Orange County for the Lake Pickett Nutrient Study.  (A-1206-15)

39.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-164 implementing Budget Amendment Request (BAR) #15-114 through the 2001 Infrastructure Sales Tax Fund to increase funding for the SR 46 Gateway Sidewalk project in the amount of $308,000 from Project Contingency.  (A-1222-15)

40.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-165 implementing Budget Amendment Request (BAR) #15-116 through the General Fund to appropriate budget of $25,410 for one-time payments to Property Appraiser employees.  (A-1248-15)

Purchasing & Contracts Division

41.  Award RFP-0336-15/RTB, Master Services Agreement for Security Repairs, Maintenance and Upgrades, to Site Secure, a Miller Electric Company, Altamonte Springs; and authorize the Purchasing & Contracts Division to execute one (1) Master Services Agreement. Estimated Annual Usage $500,000.  (A-1194-15)

42.  Award IFB-602311-15/GCM, Term Contract for Pressure Washing Services of Water Treatment Facilities and Equipment, to Clean Spray Corporation, Casselberry; and authorize the Purchasing & Contracts Division to execute the Agreement.  Estimated annual usage $15,000.  (A-1224-15)

43.  Award CC-0381-15/AMM, Interconnects Phase 3 – Druid Hills, in the amount of $313,626.20 to Affordable Development, a Division of Driveways, Inc., Titusville; and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-1226-15)

44.  Award RFP-601666-13/TLR, Preferred Vendor Listing for Park Concessions, to Firehouse Hot Dogs LLC, Maitland, (revenue generating agreement user fee at 3%); and authorize the Purchasing & Contracts Division to execute the Agreement.  (A-1185-15)

45.  Assignment of RFP-601666-13/TLR, Concessionaire Services at Seminole County Parks, from Clint Miller d/b/a Hot Dog Beach to Michael Dublin; and authorize the Purchasing & Contracts Division to execute the documents.  (A-1251-15)

46.  Approve Change Order #3 to CC-9327-14/JVP, SR 426 and Mitchell Hammock Turn Lane, with Atlantic Civil Constructors Corporation of Orlando in the amount of $45,798.84; add an additional twenty (20) calendar days to Substantial Completion; and authorize the Purchasing & Contracts Division to execute the Change Order.  (A-1200-15)

47.  Approve Work Order #1, Five Points Complex Connector Roadway under PS-0009-15/RTB (Master Services Agreement for Design Services for Minor Projects with Construction Costs Less Than $2,000,000) with Pegasus Engineering, Inc. of Winter Springs, in the amount of $158,988.59; and authorize the Purchasing & Contracts Division to execute the Work Order.  (A-1215-15)

48.  Approve Amendment #1 to RFP-601526-12/BJC, Program Coordinator Services Agreement - Seminole Education, Restoration & Volunteer (SERV) Coordinator, with Elizabeth Lauren Stephens, Orlando (not to exceed $55,000 annually); and authorize the Purchasing & Contracts Division to execute the Amendment.  (A-1221-15)

48A. Approve Work Order #4, Southwest Road Ditch Drainage Improvements Phase 2 under PS-0009-15/RTB, (Design of Minor Projects with Construction Cost Less than $2,000,000) with Inwood Consulting Engineers, Inc., Oviedo, in the amount of $174,458.10; and authorize the Purchasing & Contracts Division to execute the Work Order.  (A-1301-15)

49.  Approve and authorize the Chairman to execute appropriate Resolution #2015-R-166 deleting Section 4.37, Procurement Committee, of the Seminole County Administrative Code.  (A-1204-15)

 

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

CONSTITUTIONAL OFFICERS’ CONSENT AGENDA

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

     Clerk’s Office

50.  Approve Expenditure Approval Lists dated August 10, 17, 24, and 31, 2015; Payroll Approval Lists dated August 13 and 27, 2015; and the BCC Official Minutes dated August 11, 2015; (A-1262-15) 

 

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

1.    Seminole County Animal Control Board’s Findings of Fact, Conclusions of Law, and Order dated July 26, 2015 regarding July 14, 2015 Appeal of Dangerous Dog Declaration FL SC DD 17000103, “Lady,” Mrs. Karen Heriot, Owner.

 

2.    Parks Contract for Services for Billy Bauer.

 

3.    Approval Development Orders for Alcoholic Beverage Licenses as follows:  #15-275000027, Rey’s Cuban Restaurant, 7800 South U.S. Hwy 17-92, Suite 194; #15-275000028, New Image of CJ, Inc. a/k/a Kangaroo Express, 2095 N. Ronald Reagan Boulevard; #15-275000029, Zoe’s Kitchen, 5930 Red Bug Lake Road; and #15-275000030, Shaan Indian Restaurant, 3821 Lake Emma Road.

 

4.    Board of Adjustment Approval Development Orders as follows:  #15-30000034, Variance, Dolores M. Mitchell, 4399 Weeping Willow Circle; #15-30000044, Variance, Ivan and Sandra Ferrer, 1911 Hobson Street; #15-30000045, Variance, Michael D. & Anne J. Howard, 6071 Linneal Beach Drive; #15-30000046, Variance, Christopher & Lisa Surmacz, 6075 Twin Lakes Drive; #15-30000047, Variance, Katherine Sabatino, Lot 191-192 Atlantic Avenue; #15-30000048, Variance, Theresa M. Grode-Kennon, 320 Green Oak Court; #15-30000049, Variance, Adam & Billie Jo Piverotto, 764 Tomlinson Terrace; #15-30000050, Variance, Ismael R. Lizardi, 531 First Avenue; #15-30000051, Variance, Edwin M. & Judy J. Peterson, 3161 Orleans Way South; #15-30000052, Variance, Ali Azaad, 1841 S. Ronald Reagan Boulevard; #15-30000053, Variance, Michael T. Henson, 2470 Island Drive; #15-30000055, Variance, Jeffrey B. Stonebreaker, 2546 Morning Star Place; #15-32000008, Special Exception, Lutheran Haven, 2041 W. SR 426; #15-32000009, Special Exception, B-1 Property Management, LLLP, 801 Oviedo Mall Boulevard; and #15-32000010, Special Exception, Crossings Community Church, Inc., 514 Walden View Drive.

 

5.    Addendum #1 to the Westlake Center PD Developer’s Commitment Agreement, #15-20500025.

 

6.    Pet Rescue Cooperative Service Agreement with Siberian Husky Rescue of Florida.

 

7.    Work Order #70 to RFP-5465-10; Site Secure, LLC.

 

8.    First Amendment to RFP-601420-12; Advanced Data Processing, Inc. d/b/a Intermedix.

 

9.    Work Order #2 to PS-9622-14; England-Thims and Miller, Inc.

 

10.    Amendment #2 to Work Order #14 to PS-8148-12; Parsons Brinckerhoff, Inc.

 

11.    Amendment #2 to Work Order #5 to PS-8148-12; Keith & Schnars, PA.

 

12.    Work Order #19 to CC-9192-13; Linton Enterprises, Inc.

 

13.    Second Amendment to PS-7643-12; AMEC Foster Wheeler Environmental & Infrastructure, Inc.

 

14.    Second Amendment to IFB-601796-13; Butler Animal Health Supply, LLC d/b/a Henry Schein Animal Health.

 

15.    Work Order #28 to PS-8148-12; Keith & Schnars, PA.

 

16.    Change Order #1 to Work Order #28 to CC-8199-12; C.E. James, Inc.

 

17.    Change Order #1 to Work Order #2 to RFQ-9093-13; Wharton-Smith, Inc.

 

18.    IFB-602318-15; Term Contract with American Fire Co.

 

19.    Amendment #1 to Work Order #14 to PS-8286-13; Kittelson & Associates, Inc.

 

20.    Amendment #3 to Work Order #32 to PS-5190-05; CH2M Hill Engineers, Inc.

 

21.    Fifth Amendment to RFP-600006-06; Ott Landscape Maintenance, Inc.

 

22.    Tenth Amendment to RFP-600006-06; Cato Environmental Services.

 

23.    Amendment #4 to Work Order #5 to PS-8286-13; Kittelson & Associates, Inc.

 

24.    Amendment #2 to Work Order #9 to PS-8286-13; Kittelson & Associates, Inc.

 

25.    Amendment #3 to Work Order #8 to PS-8286-13; Kittelson & Associates, Inc.

 

26.    Work Order #18 to PS-8286-13; Kittelson & Associates, Inc.

 

27.    Work Order #16 to PS-7643-12; Southeastern Surveying and Mapping Corp.

 

28.    Work Order #33 to PS-5190-05; CH2M Hill Engineers, Inc.

 

29.    Change Order #1 to CC-9859-14; Gibbs & Register, Inc.

 

30.    Eleventh Amendment to RFP-601461-12; Florida Cleaning Systems, Inc.

 

31.    Second Amendment to IFB-601893-13; LaFleur Nurseries and Garden Center, LLC.

 

32.    Amendment #1 to Work Order #23 to PS-8148-12; Parson Brinckerhoff, Inc.

 

33.    Amendment #1 to Work Order #8 to PS-0219-05; Singhofen & Associates, Inc.

 

34.    First Amendment to IFB-601852-13; HPI Products, Inc. d/b/a AllPro Vector Group.

 

35.    Eighth Amendment to IFB-601448-12; WCA of Florida, LLC.

 

36.    Work Order #24 to RFP-5706-10; Connect Consulting, Inc.

 

37.    Amendment #3 to Work Order #22 to RFP-5706-10; Connect Consulting.

 

38.    Amendment #2 to Work Order #21 to RFP-5706-10; Connect Consulting, Inc.

 

39.    Amendment #2 to Work Order #18 to RFP-5706-10; Connect Consulting, Inc.

 

40.    Work Orders #3 and #4 to PS-9738-14; E Sciences, Inc.

 

41.    M-602370-15; Miscellaneous Contract with Tri-Data, LLC.

 

42.    Work Order #18 to PS-8286-13; Kittelson & Associates, Inc.

 

43.    Florida Public Service Commission (FPSC) Notice of Proposed Agency Action Order Approving Duke Energy Florida, Inc.’s Demand-Side Management Plan and Order Approving Tariff; Docket #150083-EG; Order #PSC-15-0332-PAA-EG issued on August 20, 2015.

 

44.    Florida Public Service Commission (FPSC) Order Approving Revisions to Commercial Natural Gas Vehicle Service Programs; Docket #150139-GU; Order #PSC-15-0319-TRF-GU issued on August 10, 2015.

 

45.    First Amendment to PS-9742-14; CH2M Hill Engineers, Inc.

 

46.    Change Order #1 to Work Order #29 to CC-8199-12; C.E. James, Inc.

 

47.    Work Orders #19 and #20 to PS-8286-13; Kittelson & Associates.

 

48.    Sidewalk Easement between J.A.B. Shopping Center II, LLC and City of Casselberry for Parcel ID #21-21-30-300-003N-0000.

 

49.    Warranty Deed between Deana Pilot and Seminole County for Parcel ID #18-21-30-507-0000-0130,

 

50.    Bids as follows: 

 

IFB-602311-15 from Awnclean USA, Inc.; Clean Spray Corporation; Liberty Services; Silva’s Painting & General Services;

 

RFQ-602321-15 from Fromuth Tennis; Pyramid School Products; Head Penn Racquet Sports;

 

IFB-602281-15 from 1st American Fire Services; American Compliance and Safety Training; Fire One; FirehoseCARE, Inc.;

 

BID-602342-15 from EPG Companies, Inc.; Pumpone Environmental, LLC;

 

RFP-602250-15 from Major Display Scoreboards; The Superlative Group; and

 

CC-0381-15 from All Terrain Tractor Service, Inc.; TB Landmark Construction; Central Florida Environmental Corp; Crossroads Site Development, LLC; Affordable Development.

 

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

 

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

     Sheriff’s Office

51.    Approve expenditure of $25,000 from the Law Enforcement Trust Fund for a contribution to Recovery House of Central Florida, Inc., a non-profit organization providing transitional housing and substance abuse programs.  (A-1228-15)

52.    Approve expenditure of $2,000 from the Law Enforcement Trust Fund for a contribution to the J. Douglas Williams YMCA Family Center to provide funding in support of their Scholarship Campaign.  (A-1230-15)

 

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

 

REGULAR AGENDA

Agenda Item #53 – A-1192-15

Pamela Lynch, Business Development Manager with Economic Development, addressed the Board to present a request for approval of a Resolution recommending that Jeunesse, LLC be approved as a Qualified Target Industry (QTI) business, and approval of the County’s required local financial support of $75,000 over FY 2016/17 to 2021/22, as local participation in the QTI tax refund program.

Ms. Lynch stated that as a reminder, the QTI program is administered by the State of Florida.  The QTI program is implemented in partnership with the State of Florida and requires 20% local financial support.  She added that this incentive is paid out after the jobs are created and all monitoring activities are performed by the State. 

Ms. Lynch advised that Jeunesse, LLC is a multi-level marketing company with a worldwide footprint that sells skin care and healthcare products.  She reviewed the detailed information outlined in the agenda memorandum.  She explained that Jeunesse’s expansion needs are location neutral and these new positions could be absorbed at their facility in Utah or at the City of Lake Mary location.  She added that as part of their global headquarters, Jeunesse intends to hold extensive training at their Lake Mary facility which will create significant room nights at area hotels.  She advised that the required local financial support would be $150,000 paid out over a six-year period. 

Ms. Lynch stated that the City of Lake Mary approved their equal participation in the amount of $75,000 at their August 20th city commission meeting.  Therefore, she is seeking approval of a resolution recommending that Jeunesse, LLC be approved as a Qualified Target Industry business and to approve the County’s required local financial support of $75,000 over fiscal year 2015/16 to fiscal year 2021/22.

Ms. Lynch advised that Robert Dawson, Principal and Chief Legal Officer with Jeunesse, LLC; Barb Pelloni with Pelloni Development; and Tracy Turk, Orlando Economic Development Commission, are present.

Commissioner Constantine questioned since Jeunesse is already in Altamonte Springs, whether any of those jobs being moved to Lake Mary were added to the “jobs-created” list.  Ms. Lynch advised that those jobs are not calculated in the new jobs that would be at the Lake Mary facility.  Chairman Carey stated it is her understanding that the Altamonte Springs facility will still remain there.  Ms. Lynch responded that she is correct; they have a small footprint there.  They needed additional space and the space exceeds 8,000 square feet in Altamonte and the new proposed space is 136,000 square feet.

David Leavitt, 1000 Ridge Pointe Cove, readdressed the Board to state he is fervently against dishing out other people’s money to other people, corporations especially.  He knows the Board is compelled to give away this money and he feels it is a shame.  He stated that maybe they could start having dialogue and speaking out as to why it is not right.  He added that he knows there is a state statute that allows this kind of activity to happen in the municipalities and in the state.  He said that Florida is a pretty nice place to live and work and companies like Jeunesse know that and they come here because it is a great state and this is a great county.  They don’t have to bribe them and they don’t have to give them their money.  He stated he is pretty sure the company already bought the property in Lake Mary, so they are going to hire the people anyway.  So, the economic impact they are talking about will happen anyway, whether the County gives them the money or not.  He reiterated it is something to consider in these future things that come up and he knows this will get passed, like they always do, but he would really like to get a dialogue going that will help prevent this kind of thing.  He said they have other needs for their money.

Chairman Carey reminded Mr. Leavitt that they have asked Ms. Guillet to slate some time for the Board to talk about, big picture-wise, their CRAs, the incentive programs, and all of the different things that they have.  Right now, they are continuing to work with the State to try to bring jobs here to Seminole County.

Commissioner Constantine stated that for all of these items he has asked for certain criteria, at least to address it to see how many have been met.  He said he has the same concerns as Mr. Leavitt going forward and he is glad that the rest of the Commission is also concerned about looking at this as well as the 17-92 CRA.  But in this case, it seems they have met every one of the criteria he has been concerned about. 

Motion by Commissioner Horan, seconded by Commissioner Constantine, to adopt appropriate Resolution #2015-R-167 recommending that Jeunesse, LLC be approved as a Qualified Target Industry (QTI) business, and approval of the County’s required local financial support of $75,000 over FY 2016/17 to FY 2021/22, as local participation in the QTI tax refund program.

Districts 1, 2, 3 and 5 voted AYE.

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Agenda Item #54 – A-1153-15

 

Tony Matthews, Planning & Development, addressed the Board to present a request for approval of a Special Event Permit for the Holy Trinity Greek Orthodox Church Greek Fest 2015 Special Event located at 1217 Trinity Woods Lane.  He advised the event this year will be held November 6 through November 8 and will as usual include food and music.  The estimated attendance is between 1,500 and 3,000.  There will be some off-premise parking in Maitland with a shuttle bus this year to accommodate all of the attendees.  Also, the Seminole County Sheriff’s Office will provide security. 

Mr. Matthews advised that staff recommends approval of the special event permit based on the findings of the staff report and the special event permit that is included in the agenda memorandum.

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

Motion by Commissioner Constantine, seconded by Commissioner Horan, to approve a Special Event Permit for the Holy Trinity Greek Orthodox Church, Greek Fest 2015 Special Event, 1217 Trinity Woods Lane, November 6 through November 8, 2015, including staff findings as presented, and as listed in the Special Event Permit.

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

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Agenda Item #55 – A-0526-15

Chairman Carey stated she noticed that Russ Gibson from the City of Sanford has entered the meeting.  She thanked Mr. Gibson and Mr. Wharton for working diligently and the rest of the planning staff to bring this to a final vote.  She added this was approved by the City of Sanford on September 14.  She advised they have been working on this for almost two years and she is glad to see that it is before the Board.  She added that the lines have kind of changed so now Commissioner Horan has part of this district as well.

Bill Wharton, Planning & Development Division, addressed the Board to state that this item is asking the Board for approval of the Joint Planning Agreement between Seminole County and the City of Sanford.  The agreement was entered into between the County and the City in 2010 and it addressed a menu of planning issues.  The JPA also recognizes possible changes in development conditions and community vision over time and allows for the agreement to be amended in order to remain effective.  The County and City staff have worked together to amend the agreement to reflect current conditions and address expected future development and planning area.

Mr. Wharton reiterated that the City held their meeting on September 14 to approve this item.  At that meeting, Mr. McIntyre, a resident and property owner in the area, asked for one edit to the agreement, and he indicated with that he would be in favor of it.  Mr. Wharton stated the Commission should have received a memorandum (received and filed) from staff addressing that change to Exhibit C, Planning Area 2, which basically removes language referring to mixed-use land use at the intersection of SR 415 and Celery Avenue.  He advised that the agreement that the City Commission voted on included that amendment and staff recommends that the County Commission approve the same.

Russ Gibson, Director of Planning & Development Services for the City of Sanford, addressed the Board to acknowledge the Chairman’s comments with regard to the collaboration between the City and the County.  He stated in his almost 25 years with the City of Sanford, they have had a great working relationship with the County and this is another opportunity for them to ensure that the great working relationship continues in the future.  He also said he wanted to acknowledge Chairman Carey’s diligence in terms of getting them together to update this planning agreement that was long overdue for attention and also her time and diligence to ensure that they got to this point to get it approved as well.

Mr. Gibson added that it has been a pleasure working with such a professional staff and that Mr. Wharton has made it possible to get to this point today as well.

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

Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve and authorize the Chairman to execute the 2015 Seminole County/City of Sanford Joint Planning Agreement.

Commissioner Horan suggested they add the amendment to the motion.  Chairman Carey agreed to amend the motion to include the edit distributed by staff in connection with Sub-Planning Area 2, which includes the proposed Cameron Heights development, removing language that addresses Mixed Use at the corner of SR 415 and Celery Avenue.  The Seconder agreed.

Commissioner Horan thanked the City of Sanford for their cooperation and attention to this particular matter and stated hopefully it will serve as a template for other types of arrangements that are important to managing land planning and important issues.

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

COUNTY MANAGER AND STAFF BRIEFINGS

Agenda Item #56 – A-1296-15

 

Robin “Shorty” Robbins, Parks & Recreation Manager, addressed the Board to state she will give a little review on “The Senator,” the next steps, and where they are going with “The Senator” artwork.  She displayed a PowerPoint presentation (received and filed) entitled “Commemorating The Senator – The Legacy Lives On!” 

Ms. Robbins reviewed Museum Art Display stating the exhibit opened in July and runs through next week, although since there is not another incoming exhibit, a large portion will stay at the museum through November.  She advised they are seeking direction from the Commission for some of the art to be retained as a permanent exhibit and to have some go to other agencies and institutions. 

Ms. Robbins reviewed Art Display & Distribution.  She explained regarding the Exhibit Overview slide that they refer to their circular as the Seminole County “Stonehenge” because The Senator started as a seedling right about the same time that Stonehenge was created.  She then displayed two slides showing some of the Commemorative Art that is in the exhibit.

Ms. Robbins covered “next steps” under Staff Direction and then Staff Recommendations.  She displayed and discussed Permanent Exhibit and Travelling Exhibit.  She stated they were at the Florida Association of Museums trade show in St. Petersburg, and they had a wonderful response from a number of small and large museums.  The Museum of Science and History in Jacksonville is one that is very interested.  Also, the Florida State Fair would like to exhibit items in February of 2017 for the three-month period at the fair; they have an agreement with the Forestry Association for forest-related exhibits.

Finally, Ms. Robbins reviewed the Public Display, Ceremonial Gifts, and Auction slides.  She advised the auction date is set for Tuesday, September 29 from 5:00 p.m. to 8:00 p.m., and they have earmarked any funds raised to be utilized for the development of the traveling exhibit.  She advised that a professional auctioneer from H&H Auction House has donated his time and is also advertising on his website.  She displayed a slide showing the pieces that staff is recommending for the auction.

Ms. Guillet stated that because of the timeliness of the auction, they are asking today that the Board approve the list of auction items that has been proposed.  They are still sifting through the items proposed for the traveling exhibit and the permanent exhibit and to go on loan, so they are not asking that the Board approve any of those today.  Additionally, the funds from the auction will be used to underwrite the cost associated with the traveling exhibits.  She said they will see what sort of money will be raised through the auction and then come back and get their authorization for whatever they ultimately determine to use that for.

Chairman Carey confirmed with Ms. Robbins that the cost to the museums is $2,500 for three months.  Upon further inquiry regarding bidding online, Ms. Robbins explained the auctioneer is ready to put it on his site and they can do proxy bids; there will not be active bidding online during the auction, but there are collectors from all over the country that are interested and they can do a “no-greater-than” proxy bid.  They also will be able to accept credit cards through the Historical Society’s PayPal account.  She advised the minimum bids will be posted this afternoon or tomorrow.  Ms. Guillet added that those are established in consultation with the auctioneer.  Chairman Carey commented they hopefully consulted with the artists also. 

Chairman Carey stated in regard to the items recommended for auction that one of them is one of the slabs that makes up the Stonehenge piece, so she has concerns with selling off one of those.  And because there is so much interest in the guitar and they only have one of them, the Chairman questioned whether that is something they really want to auction or whether they want to keep that on display.

Ms. Robbins advised there are three other large slabs with carvings on them, so they would be able to substitute one of those if they did sell one of the large slabs. 

Commissioner Horan suggested that if there is a doubt, they should keep it and he believes that would be the safe way to go.  He questioned if the online bid is established and someone does not get to the online bid amount, whether the online bid would get the item.  Ms. Robbins stated he is correct; the auctioneer has a proxy capability of upping it as bids go until they get to the limit.

Chairman Carey stated there are people from all over the world who are interested in this story with “The Senator” being the oldest Cypress tree.  She added the guitar is one of those things that would make younger people want to go see the exhibit.  Commissioners Dallari and Horan agreed that they should hold the guitar.

Commissioner Horan informed the Board that he sent the list around to some contacts at United Arts for some advice concerning what may or may not be curator quality. 

Commissioner Horan expressed his appreciation to Leisure Services and stated they have done a great job in getting this entire program together and executing it without a lot of direction from anyone that has done anything like this before. 

Chairman Carey questioned whether a piece was sent to the Florida State Museum and also to the Smithsonian because that was something they had talked about early on.  Ms. Robbins responded that legacy pieces of the tree were sent but no artwork.

Commissioners Dallari and Horan wanted to be sure they will hold back the guitar and large slab from the auction.

Upon inquiry by Commissioner Constantine, Ms. Robbins advised the artists were given equal amounts with half to be made into art and returned to the County and the other half to keep.  The County has all the artwork; the artists still have some wood.  Commissioner Constantine wondered if the artist has enough to make another guitar; he added he is not sure how it sounds.  Ms. Robbins commented that it does sound amazing.  Chairman Carey added that the guitar was being played at the reception they had.  Ms. Robbins advised that a professional played it at the museum during the first reception and then the artist himself played it during “Meet the Artist.”

Chairman Carey stated that today they are being asked to only approve the list of artwork recommended for auction.  She will continue to work with the County Manager to make sure that they get this finalized on what the policy will be for providing pens or letter openers to dignitaries or others and also finalizing the documents regarding these items going out on loan and the items that will go along with the traveling exhibit.

Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve the proposed Senator Art Exhibit list, the auction items only, excluding the guitar and large slab as discussed.

Upon Commissioner Horan’s suggestion, Commissioner Dallari amended the motion to include the caveat that the County Manager has the authority to pull any item from the auction list after today’s approval if deemed appropriate.  The Seconder agreed.

Commissioner Dallari commended Ms. Robbins and Joe Abel, Leisure Services Director, and his staff and stated when this tragedy first happened, there was no advice because something like this had never happened before.  He also commended the volunteers and artists and anyone associated with this.  He added that Jim Duby, Natural Lands Division, is in attendance and he did a phenomenal job as well.  Commissioner Dallari wondered if staff had documented this because he thought it would be good to have a playbook.

Chairman Carey requested that each of the county commissioners, through whatever social media they choose, get the information out about the auction to their constituents that it will be held on the September 29 from 5:00 p.m. to 8:00 p.m. and to include information regarding a link for people to bid online via proxy.  She asked Ms. Robbins to email the BCC with the link for the online bidding information. 

Commissioner Dallari requested that they inform the public that if the minimum bid is not met, the item will not go for less.  Chairman Carey stated she believes there will be an auction sheet where the minimum bid will be listed and it should state that very clearly.  Ms. Robbins advised that people will be given a bid number and an auction catalog. 

Commissioner Constantine requested that Ms. Robbins provide the list of items with minimum bids to the commissioners as soon as possible.

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

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The Board recessed the meeting at 11:02 a.m., reconvening at 1:30 p.m., with all Commissioners and all other Officials, with the exception of County Attorney Bryant Applegate, Clerk of the Circuit Court & Comptroller Maryanne Morse, and Deputy Clerk Terri Porter, who was replaced by Deputy Clerk Erin Leben, who were present at the Opening Session.

PROOFS OF PUBLICATION

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

     Districts 1, 2, 3 and 5 voted AYE.

PUBLIC HEARINGS

EVERGREEN PROPERTY SMALL SCALE FUTURE

LAND USE AMENDMENT & REZONE, David Evans

 

Agenda Item #57 – PH-2015-181

     Proof of publication calling for a public hearing to consider adoption of an Ordinance enacting a Small Scale Future Land Use Amendment from Low Density Residential (LDR) to Planned Development (PD) for approximately 2.5 acres; and adoption of an Ordinance enacting the Rezone from A-1 (Agriculture) to PD (Planned Development) district for an office and single-family, mixed-use development on 29.2 acres for property located on the south side of Ronald Reagan Boulevard, approximately 600 feet east of County Home Road, David Evans, received and filed.

     Brian Walker, Planning & Development, addressed the Board to state the Applicant is requesting a Small Scale Future Land Use Amendment from Low Density Residential to Planned Development for approximately 2.5 acres of the project area and a Rezone from A-1 to PD, Planned Development, for the entire project area containing 29.2 acres on the south side of Ronald Reagan Boulevard, approximately 600 feet east of County Home Road.  The Applicant is proposing to develop approximately 2.5 acres of the site as an office.  The maximum floor area ratio proposed is 0.35 with a maximum building size of 25,840 square feet.  He stated approximately 27.5 acres is proposed for use as a 99-lot, single-family subdivision with a proposed maximum density of 3.99 dwelling units per net buildable acre.  The minimum lot size proposed is 6,000 square feet with a minimum width at the building line of 50 feet.  The lot sizes will be smaller on the west and will gradually get larger as they move east.  The required open space is a minimum of 15% of the property for the residential portion of the Planned Development and a minimum of 25% of the property for the office portion of the Planned Development.  He discussed the project’s consistency with requirements of the Land Development Code and the Comprehensive Plan.

     Mr. Walker noted on September 2, 2015 the Planning & Zoning Commission voted unanimously to recommend approval of the request with the condition that the homes on the larger 75-foot-wide lots be increased to at least 1,500 square feet, and the Applicant has done that.  He added that staff is recommending approval. 

     Regarding the buffers on the west side of the property, Commissioner Horan noted on a different development in that area some property owners had buffers that may have been larger or differently conditioned and he noticed the buffers on this project are 15 feet.  He asked Mr. Walker to address that issue and how they are differentiating between the buffers.  Mr. Walker displayed a map entitled Evergreen (received and filed) and stated he believes Commissioner Horan is referring to the Reagan Center, which is east of the proposed development.  He indicated the location of the Reagan Center and advised that the townhome portion is approved for eight dwelling units per net buildable acre for a total of 66 units.  He explained that this particular townhome development is a much larger piece that is more intense than the smaller 2.5-acre piece for one office building, so the buffers around the townhome development are 25 feet and the buffers for the office building on the east side are 15 feet.  Mr. Walker confirmed for Commissioner Horan the difference in the buffers relates to the land use of the proposed development. 

     At the request of Chairman Carey, Mr. Walker displayed an aerial map (received and filed).  She stated she did not see anything in the Development Order about right- or left-turn lanes being required.  She added there is a left-turn lane going into Flea World and with the redevelopment of Flea World, she does not know they will use that.  She commented that staff is talking to the developers about trying to align a road that would possibly hook up with Hester Avenue.  Chairman Carey explained she has concerns if there is not a median opening in front of this development and no provision for either a right- or left-turn lane.  Also, even though the speed limit there is posted at 45 miles an hour, traffic travels at a much faster speed than that.

     Brett Blackadar, County Engineer, addressed the Board to state they have not had any final engineering discussions on the project at this point, but the last discussions on Reagan Center have that median opening moving towards the middle of the property and the median opening that lines up with Thomas Stable Road will be moved to the east.  He noted obviously they do not want to have two full median openings very close together. 

     Chairman Carey advised if Reagan Center is going to realign with Thomas Stable Road just to the east where the next median opening is, there appears to be an opportunity to have a left-turn lane installed for westbound traffic to turn into this development rather than having a lot of U-turn activity.  She stated she wants to make sure that gets addressed and they may want to require that a turn lane be constructed as part of this.  Mr. Blackadar stated he does not believe they have seen any traffic analysis but when they get those numbers, they can sit down with them and decide what the best action is. 

     Bryant Applegate, County Attorney, entered the meeting at this time.

David Evans, with Evans Engineering on behalf of the Applicant, addressed the Board to state he would like to address some of the requests and issues they heard at the Planning & Zoning Commission meeting in order to understand exactly what they are dealing with.  One request was that the minimum lot sizes on the east side be increased to be consistent with the wider lots, which they did and he advised that should be reflected in the revised Development Order.  He stated that basically, the layout of the subdivision and the orientation of the subdivision relative to the two uses, which plays nicely into a planned development with multiple uses, were done through the process of working through the Planning Office with County staff.  He added they know about the Reagan Center and the Planned Development that was developed on that side and they are working directly with them to work out a configuration of the turn lanes.  They also know the entire area will act together, so they want to be consistent and are working with them on the intersection design as well as the ingress and egress of that property.

Mr. Evans stated one of the adjacent homeowners, Thomas Bledsoe, came to a previous meeting and discussed some issues relative to drainage.  He added Mr. Bledsoe knows about the water retention in the area and there has been a lot of rain recently, so they have some real studies to do.  They have looked into some of the drainage in relationship to the Master Development Plan.  They intend to review those issues even more and present some additional data to the Board as well as some studies they are doing, but they have looked at the overall patterns of drainage to come up with the preliminary subdivision plan.  They have implemented some drainage structures as well as some ponds indicated on the Master Development Plan and they have looked into how all of that will integrate and how that will work.  He added they met with Mr. Bledsoe yesterday to go over some of those issues and explain them so that he was clear. 

     Mr. Evans advised they discussed the buffers on the west side, east and south sides with staff.  He stated the Land Development Code requires buffering even when residential uses abut residential uses, so they have provided those on the east side, west side and the south side on the residential portion to stay consistent with the Land Development Code. 

     Shannon Driscoll, 4980 Thomas Stable Road, addressed the Board to state her acre and a half directly backs up to the proposed development and they are not against the rezone.  She stated they are really pleased with the way the compromises were made with the townhome development and they are hoping to get something else like that set up.  She advised she and the neighbors had a meeting scheduled with Mr. Evans through Tom Bledsoe on three occasions but he had to reschedule.  Then the neighbors were unable to make the meeting that was rescheduled for yesterday afternoon. 

     Upon inquiry by Chairman Carey, Ms. Driscoll stated a lot of their concerns have already been addressed and she appreciates that.  She advised their big concern is with flooding.  She stated her property runs naturally downhill and the rainwater is like a stream and it enters into a naturally occurring pond on that property.  She stated if they build up even one foot, it is going to flood and it is already really saturated.  She commented it was a working landfill back there for several years, so it is just nasty mucky swamp.

     Chairman Carey asked whether the stormwater from her property is running off onto the land.  Ms. Driscoll replied it is whatever comes from the other side of her property where they are going to put the townhomes.  She stated the stream goes across the road and she is afraid it is going to really mess up their back yard.  She stated they are hoping for a 25-foot buffer like the Board agreed to for the townhomes and a double-density landscape.  The only thing she has not heard be addressed was the fencing or divider.  She noted the six-foot fence was the last request but that was from all the neighbors and they were going to meet with Mr. Evans.

     Thomas Bledsoe, 5000 Thomas Stable Road, addressed the Board to echo Ms. Driscoll’s comments regarding the neighbors’ concerns about the amount of water that runs from off of Thomas Stable Road from the property east of there where the Reagan townhome project is.  He commented it sheds back towards the pond where they are going to redevelop the retention pond and they feel that it is just not adequate for the amount of water and runoff to support that.  He stated they feel that if they put in any fill and develop that, it is just going to hold water or push it back on their land and they are very concerned about that. 

     Mr. Bledsoe mentioned that Cardinal Industries used that area as a dumping ground for their debris and drywall and he did not know if anyone was aware of that so he brought that up so that there could be research done on that.  He advised they do not feel that the land is suitable to build on because it is not sound enough, there is not enough support, there are a lot of holes in the area and it is just not stable ground. 

     Mr. Bledsoe stated they are not clear on the type of development this is going to be and the type of buffers and fencing that there will be, so that is a concern of theirs.  He stated they are requesting the same type of buffer as was granted for the Reagan townhome project.

     At the request of Chairman Carey, Mr. Walker stated the information regarding the actual soils will be required when they do their preliminary subdivision plan.  They also have to go through final engineering.  Staff will have a stormwater engineer look at the water runoff, how the water will be contained on their property, and what measures have to be taken in order to prevent flooding on any other properties.  He advised it will go through a thorough review at the final engineering phase.  He added that at that phase they look more in depth at the soils and whether or not they can support what they are looking to do.  Chairman Carey asked if the stormwater design is going to be based on the soil criteria.  Mr. Walker responded that is all taken into consideration.

     Upon inquiry by Chairman Carey, Mr. Walker advised the Applicant will have to get approval through the St. Johns Water River Management District for stormwater as well, so they need permits from St. Johns and approval from the County. 

     Upon further inquiry by Chairman Carey, Mr. Walker advised the Applicant has not proposed any fencing at this point.  They have proposed a 10-foot buffer on the west side going around the entire perimeter of the property and a 15-foot buffer on the east side where they have the commercial.  There will also be a buffer going along the rest of the property, going south along the east side as well.  He added those will be vegetated buffers.  He explained that the way they arrive at those buffers is through using the methodology in the Land Development Code and looking at the intensities of the project itself and what is around it.  He stated that at this point there is no fence or wall that is required or proposed. 

     Chairman Carey stated it did not sound like the people were worried about the water coming off this site onto their properties, but more that their water flows over to this site and how that will be addressed.  She noted the law requires property owners to keep their water on their own site but in natural occurring situations, they need to be aware that it is occurring.  She commented that by not having a fence, if they have a swale system out there, that could help solve some of this issue.  She stated it needs to be in the back of everybody's minds that there is some historical data on the drainage.  Mr. Walker advised the final engineering project will come to him and he will make sure that this is conveyed to their stormwater engineer as well.

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

     Speaker Request Forms were received and filed.

     Written Comment Form for Virginia Thomas was received and filed.

     Chairman Carey questioned whether the Applicant would like to address any of the concerns expressed about the fencing, stormwater, or geotechnical conditions.  Mr. Evans advised he has taken some good notes, and they have heard these issues before and have looked into a lot of this.  He explained they look into the stormwater drainage more intensely during the preliminary subdivision plan phase and that is ahead of the construction plan phase.  He reiterated Chairman Carey’s comment that they have to go to the St. Johns River Water Management District in order to gain a permit for stormwater drainage as well.  Mr. Evans stated they look at on-site drainage that comes onto the property as well as their own drainage so that each one is taken care of separately but also together so the whole system works.  He added they have no intention of doing anything that would inhibit drainage in its natural pattern that is occurring now. 

     Mr. Evans stated they have a 15-foot buffer proposed on the east side of the project, which is a pretty generous amount, and that is part of the Land Development Code.  Mr. Evans stated they did talk about fencing on the east side and what they will probably do is incorporate into some of the HOA documents that a certain type of fence would be required if they elect to put one up so it is consistent and uniform throughout that whole side of the property.  He advised they certainly do not have any problem proposing some ideas during the construction plan process and when they are actually developing those restrictions.

     Mr. Evans confirmed for Commissioner Constantine that they are not proposing to put a fence up.  Commissioner Constantine stated so that as each individual builds in the HOA, there would be a certain type of fence they could put up but it would not be required.  Mr. Evans stated that would be in addition to the 15-foot buffer that is required on that side, so there would be fencing and a landscaping buffer.

     Regarding the concerns on buffering, fencing and compatibility, Commissioner Horan advised it would appear that the Land Development Code does not require a buffer larger than the ones already proposed by the developer in this case.  He stated one of his concerns with buffers and fences being required in a Development Order is when dealing with land use changes, they have not gone through engineering or final site plans yet.  He commented they might find that a fence may be in the way of a swale within the vegetated area, and he would like the developer to be concerned about that during the site plan process and also the final engineering.  He opined that the concerns of the contiguous land owners can be addressed in an appropriate and meaningful way through that process.  He thinks the 10-foot and the 15-foot vegetated buffers right now would be sufficient, and they will find out what happens in terms of final engineering and the site plan.

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt Ordinance #2015-R-21 enacting a Small Scale Future Land Use Map Amendment from Low Density Residential (LDR) to Planned Development (PD) for approximately 2.5 acres; adopt Ordinance #2015-R-22 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for 29.2 acres located on the south side of Ronald Reagan Boulevard, approximately 600 feet east of County Home Road, as described in the proof of publication, David Evans.

     Commissioner Horan advised he had ex parte communications with Tracy Driscoll by phone regarding a similar issue.

     Districts 1, 2, 3 and 5 voted AYE.

 

 

 

SANCHEZ REZONE FROM R-3

TO R-1B, Victor Sanchez

 

Agenda Item #58 – PH-2015-180

 

     Proof of publication calling for a public hearing to consider a Rezone from R-3 (Multiple Family Dwelling) to R-1B (Single Family Dwelling) for 0.24 acres, located on the west side of South CR 419, approximately 200 feet south of 8th Street, Victor Sanchez, received and filed.

     Joy Giles, Planning & Development, addressed the Board to present the request for a Rezone from R-3 Multi-Family Dwelling to R-1B Single-Family Dwelling on 0.24 acres in order to construct a single-family residence on the subject site.  The existing R-3 zoning classification permits apartment buildings, townhomes, and condominiums; however, does not allow for single-family residential.  The requested R-1B zoning district is less intense than the surrounding R-2 and R-3 zoning classifications and is consistent with the existing high-density residential Future Land Use designation.

     Ms. Giles advised on August 5, 2015 the Planning & Zoning Commission voted unanimously to recommend approval of the request and added staff is recommending approval. 

     Victor Sanchez, Applicant, addressed the Board to offer to answer any questions or concerns 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 #2015-23 enacting a Rezone from R-3 (Multiple Family Dwelling) to R-1B (Single Family Dwelling) for 0.24 acres, located on the west side of South CR 419, approximately 200 feet south of 8th Street, as described in the proof of publication, Victor Sanchez.

     Districts 1, 2, 3 and 5 voted AYE.

CREEKSIDE PLANNED DEVELOPMENT MAJOR

AMENDMENT & REZONE, Kemco Properties

 

Agenda Item #59 – PH-2015-179

 

     Proof of publication calling for a public hearing to consider adoption of an Ordinance enacting a Rezone from Planned Development to Planned Development for light industrial uses on 19.82 acres, located on the west side of Sanford Avenue, south of E. Lake Mary Boulevard, Kemco Properties, received and filed.

     Joy Giles, Planning & Development, advised the Applicant is requesting a Major Amendment and Rezone from Planned Development to Planned Development on 19.82 acres.  In 1987 the Board of County Commissioners approved the Creekside PD on 155 acres consisting of single-family, multi-family, commercial, and light industrial uses.  The subject property, known as Tract E, was designated in 1989 for light industrial uses and further amended in 1992 to be utilized as a borrow pit during the construction of SR 417.  The Applicant is requesting a Major Amendment in order to construct a 20,000-square-foot warehouse allowing for those uses listed under the M1A (Very Light Industrial) zoning classification.  Staff finds the request to be consistent and compatible with the trend of development in the area.  Industrial and commercial uses have been established along Sanford Avenue since the early 1990s.

     Ms. Giles noted on August 5, 2015 the Planning & Zoning Commission voted unanimously to recommend approval of the request and added staff is also recommending approval.

     John Frith, Frith & Associates, addressed the Board to introduce himself as the engineer on the project and Ty Kracht, the property owner, and offered to answer any questions the Board may have. 

     Upon inquiry by Chairman Carey as to whether this property is in any way being used as stormwater for SR 417, Mr. Frith confirmed it is not and it is totally separate.  Regarding the 25-foot asphalt retaining wall around the exterior of the building proposed in the site plan, Chairman Carey questioned that if this is going to be light warehouse, whether there will be adequate space for semis to be able to maneuver.  Mr. Frith confirmed there will be.

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

     Speaker Request Form for John Frith was received and filed.

     Copy of Site Plan was received and filed.

     Motion by Commissioner Horan, seconded by Commissioner Dallari, to adopt Ordinance #2015-24 enacting a Rezone from Planned Development to Planned Development; and approve the associated Master Development Plan and revised Development Order for 19.82 acres, located on the west side of Sanford Avenue, south of E. Lake Mary Boulevard, as described in the proof of publication, Kemco Properties.

     Districts 1, 2, 3 and 5 voted AYE.

LEGACY POINTE LARGE SCALE FUTURE LAND

USE AMENDMENT AND REZONE, George Kramer

 

Agenda Item #60 – PH-2015-172

 

     Proof of publication calling for a public hearing to consider transmittal of a Large Scale Future Land Use Map Amendment from Low Density Residential and Higher Intensity Planned Development – Transitional to Planned Development; and the associated Rezone from Single Family Dwelling District (R-1A) and Agriculture (A-1) to Planned Development (PD), to the State Land Planning Agency for 59.28 acres located on the southwest corner of Nak Nak Run and Old Lockwood Road, George Kramer, received and filed.

     Jeff Hopper, Planning & Development Division, addressed the Board to present the request as outlined in the Agenda Memorandum.  He advised the Applicant is proposing a continuing care retirement facility for seniors along with support services such as medical offices and health services, skilled nursing and memory care.  The project will consist of 298 multi-family units in the central area and 40 detached single-family villas along the south end of the site.  A future development phase at the north end of the site would provide an option for 54 non-age restricted units developed under R-1A standards as a single-family subdivision; however, in that area some or all of the units could be converted to senior restricted units at the rate of up to four senior units for each non-restricted unit with a maximum of 216 units.  He then reviewed the traffic analysis of the site. 

     Mr. Hopper advised staff has received two letters of opposition to the application which are included in the Agenda Memorandum.  Staff recommends transmittal of this item to the State for review, subject to the list of conditions presented in the draft Development Order. 

     Chairman Carey confirmed with Mr. Hopper that under the zoning allowable today, the estimated trips would be 14,000 per day and what they are proposing would be 2,100 per day and 70 PM peak hour trips.

     Aaron Gorovitz, Lowndes Drosdick P.A. on behalf of the Applicant, addressed the Board to display a PowerPoint presentation entitled Legacy Pointe (copy received & filed).  Mr. Gorovitz reviewed Project Team and noted that UCF spent over a year doing a national search for the best CCRC (Continuing Care Retirement Community) company in America and chose Greystone out of Dallas, who has really guided their planning.  This is a project they have been working on for years just to make sure they get it right and the input from Greystone was important.

     Mr. Gorovitz displayed Projected 75+ Population – Florida and stated one of the things that Greystone talked to them about is the population of seniors in this area is increasing dramatically and that is true throughout the state.  He indicated on the graph in the next five years, the State of Florida will have a 35% increase in growth in the population of people 75 and over, and an additional 34% increase the following five years. 

     Mr. Gorovitz displayed Projected 75+ Population – Seminole County and stated Seminole County will have an even greater increase in the population of seniors with 44% in the next five years and 39% in the following five years, which tells them that as a matter of public policy, they will need to come up with a solution to address the needs of the aging population.  At the request of Commissioner Dallari, Mr. Gorovitz confirmed the data contained in these two graphs was received in part by the State of Florida and in part by economic development agencies.

     Mr. Gorovitz continued by displaying Legacy Pointe which listed the five primary guiding principles.  He reviewed Site Plan and detailed the uses of the individual properties.  He stated the design is carefully thought out so that people will have views of greenery, views of nature, views of water, and lots of opportunities to take walks within the neighborhood.  He noted there is a lot of connectivity and a tremendous amount of services such as 24-hour nursing, 24-hour assistance to the nurses, and medical care.  He stated in this facility, the residents have one community and it is kind of a home for the end of their lives where they can age in place, meet friends and stay friendly with the same people as they move to different parts of the facility. 

     Mr. Gorovitz discussed Tract 17 on the Site Plan and stated they are calling it the future development tract.  He stated it has not changed at all and their application leaves it the way it is but it adds the ability for them to convert what is Low Density Residential today to an extension of the senior housing (CCRC) if it makes sense to do that in the future. 

     Mr. Gorovitz reviewed Compatible Design and advised their one concern from having a building this tall was where they will put it and how to make sure that it will be compatible with the neighborhood and that the design is compatible.  He explained they have located it in a way that no one can see it and it is hundreds of feet from the closest property lines.  He displayed Compatible Planning and noted they were concerned with the adjacent community Ellingsworth.  He stated they did a fair number of line-of-sight drawings to make sure that it would be comfortable, and added he thinks everybody at the community meeting felt good about that.

     Mr. Gorovitz displayed 15.61 acres of Open Space and Perimeter Buffers.  He stated they meet the County’s requirement of 15.61 acres of open space and in fact have a fair amount more. 

     Mr. Gorovitz reviewed Potential Development.  Per the current approvals, they could have built 497 residential units and 319,000 square feet of commercial and what they are proposing is 392 units and zero square feet of commercial.  He noted that this PD includes support services that are about 221,000 square feet which are internal to the CCRC and include libraries, card rooms, kitchens, pool rooms, et cetera.  Mr. Gorovitz noted the 392 figure for residential units includes the 54 single-family homes in the future development tract; 338 age-restricted units and those are comprised of the 40 detached villas referenced on the Site Plan.  Upon inquiry by Commissioner Dallari, Mr. Gorovitz stated the age restriction will be 62 and over. 

     Mr. Gorovitz reviewed Public Facility Demands (Currently Permitted vs. Proposed) and stated this is the critical part of this from an impacts perspective.  He stated traffic will be reduced by 88%, school impacts will be reduced about 75% and added it will be zero if the future development tract is part of the CCRC.  He noted water and sewer and solid waste are materially reduced from an impacts perspective between what is currently permitted and what they are proposing.  He commented this is a fairly unusual circumstance in which they are coming in for a dramatic decrease in public facility usage. 

     Mr. Gorovitz concluded by reviewing Minimal Impacts.  He remarked this is a high-end project and a very low-impact project.  He stated the project is completely compatible and puts few cars and few students into the community but provides a facility that is desperately needed.

     Chairman Carey commented that as somebody who has two family members in this type of facility, she is very pleased when she sees age-restricted communities that go from the independent living to assisted living to memory care.  She discussed the benefits of these types of facilities.  She reiterated it is good to see that there will be a few more facilities like this because there are not many in the county.

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

     Both Chairman Carey and Commissioner Dallari submitted their ex parte communications with Mr. Gorovitz into the record.

     Commissioner Constantine advised he had a meeting with the University of Central Florida’s university relations group regarding the project.

     Commissioner Horan stated he also had a meeting with Mr. Gorovitz.

     Commissioner Dallari opined this is a good project and commended Mr. Gorovitz and his team for reducing the school impacts, making it age restricted, reducing the density, et cetera.  He stated the only issue he has is the traffic issue, but it is outside of their purview because it is outside of Seminole County.  He advised he will be making two motions and thinks the second is just as important as the first one because it needs to be said that Seminole County needs to be working with their neighbors to the south.

     Motion by Commissioner Dallari, seconded by Commissioner Constantine, to approve transmittal of the proposed Large Scale Future Land Use Map Amendment from Low Density Residential and Higher Intensity Planned Development – Transitional to Planned Development, and the associated Rezone from Single Family Dwelling District (R-1A) and Agriculture (A-1) to Planned Development (PD), to the State Land Planning Agency for 59.28 acres located on the southwest corner of Nak Nak Run and Old Lockwood Road, as described in the proof of publication, George Kramer.

     Under discussion, Commissioner Constantine pointed out his concern with the additional acres left for single family.  He stated through discussion, he believes the hope of the University of Central Florida Foundation is that this is successful and will then turn into additional units that are age restricted.  He expressed his concern with leaving the 54 units at four units per acre increasing school and transportation impacts.  He stated as they bring this back from the State Land Planning Agency, he would like to have more discussion about that as they go forward.

     Mr. Gorovitz clarified for Chairman Carey and Commissioner Dallari that the numbers shown in the Minimal Impacts slide are “county met” as if it were full single family. 

     Commissioner Horan agreed that this is a compatible project.  He reiterated that the land uses that are required under the Comprehensive Plan and the Future Land Use Map are much more intense than are being proposed.  He stated this is a needed facility and commented that he is impressed by the fact that it appears to be very high quality.  He added this has been replicated at a number of university communities throughout the country.  He commented that the people he has known who have lived in these kinds of communities, in particular at the University of Florida, rave about what a great asset they are to the community themselves, not just to the people who live there, in terms of providing resources for seniors to live and resources for the university community. 

     Districts 1, 2, 3 and 5 voted AYE.

     Commissioner Dallari advised the second motion he would like to make asks this Board to send a letter to MetroPlan Orlando.  He thinks there are some regional transportation issues that cannot be addressed yet because some of it is outside of Seminole County and it is definitely outside of the envelope of the subject property in northeast Orange County and southeast Seminole County.  He stated he would like to ask the Board, under the signature of the Chairman, to send a letter to MetroPlan requesting they look at this and work with not just Seminole County but Orange County and the neighbors to figure out what can be done to increase the traffic flow in this area north/south so that people can get to major arteries to relieve some traffic congestions, not just south of Seminole County but around this area.  He stated there are some issues relating to this part of the county that need to be addressed regionally, not locally.

     Upon inquiry by Chairman Carey, Commissioner Dallari advised he is purposely not mentioning a road because he thinks it is important that the experts actually look at the area to figure out what needs to be done.

     Chairman Carey requested staff indicate the area on a section map and attach it to the letter to clarify what they are asking MetroPlan to study because this would be a transportation study.  Commissioner Dallari stated he thinks it is important that the two counties come together as well as the residents of that area.  Chairman Carey requested staff produce the map right away so they can draft the letter to Mr. Barley at MetroPlan.  She added that Orange County should be copied on the letter.

     Commissioner Dallari stated the reason he feels it is important to send the letter to MetroPlan is because they are one of the planning agencies for transportation.

     Motion by Commissioner Dallari, seconded by Commissioner Horan, to approve and authorize the Chairman to execute a letter to MetroPlan Orlando, requesting they conduct a transportation study of the area indicated on a location map provided by County staff and work with Seminole and Orange Counties to see what can be done to increase traffic flow in the area; and copy the letter to Orange County.

     Districts 1, 2, 3 and 5 voted AYE.

ZDA AT MARKHAM ROAD SMALL SCALE LAND

USE AMENDMENT AND REZONE/Allan Goldberg

 

Agenda Item #61 – PH-2015-171

 

     Proof of publication calling for a public hearing to consider a Small Scale Land Use Amendment from Suburban Estates to Planned Development; and the associated Rezone from A-1 (Agriculture) to PD (Planned Development) for a 17-lot, single-family residential subdivision on 9.11 acres, located on the north side of Markham Road, approximately ½ mile west of Orange Boulevard, Allan Goldberg, received and filed.

     Joy Giles, Planning & Development, addressed the Board to present a request for a Small Scale Land Use Amendment from Suburban Estates to Planned Development, and a Rezone from A-1 Agriculture to PD Planned Development, on 9.11 acres in order to develop a single-family residential subdivision, with a maximum of 2.5 dwelling units per net buildable acre for a total of 17 lots.  She then cited the staff findings listed in the Agenda Memorandum. 

     Ms. Giles stated the Applicant has added an additional condition of approval in the Development Order that all residents will be required to use bear-resistant trash receptacles.  She advised a left-turn lane on Markham Road will be required and the design will be determined at final engineering.  She noted a sidewalk along Markham Road will not be required.

     Ms. Giles noted on August 5, 2015 the Planning & Zoning Commission voted unanimously to recommend approval of the request and added staff is also recommending approval. 

     Ms. Giles confirmed for Chairman Carey that sidewalks will not be required along Markham Road.

     Charlie Madden, Madden Moorhead & Glunt, Inc. on behalf of the Applicant, addressed the Board to state they agree with staff and offered to answer any questions the Board may have.

     Chairman Carey commented in her meeting with Chad Moorhead and Mr. Goldberg she inquired about the bear-proof garbage cans, which is in the Development Order.  In addition, she requested they look at the Ordinance that Florida Fish & Wildlife (FWC) has recently adopted for communities that are in the areas of known bear territory to make that part of the HOA documents and requirements.  Mr. Madden responded they do not have a problem with that.

     Chairman Carey advised she thinks that they should look at making some requirements for all developments that are coming through on the west side of I-4 where there is a high bear population.  She stated Heathrow recently adopted that and can now fine their neighbors roughly $700 for violations that would attract bears into the neighborhood.  She commented this is an issue and as a governmental agency, they are aware of it and need to do everything they can to try to curtail it and get the bears to want to go back into their natural habitat.  She requested Ms. Guillet make sure that staff stays on top of that in bringing that forward with any proposed recommendation as far as language goes for Development Orders on everything west of I-4.

     Commissioner Constantine concurred with Chairman Carey’s comments.  He stated he spoke with the development group and County Manager before about this.  He noted the DRCs (Development Review Committees) are requesting people follow up with this as they have with this one.  He advised he thinks that is something that the County should make a requirement as they are putting developments in this area on the west side of I-4.  Chairman Carey discussed the Board taking action on landscape ordinances in order to protect the Wekiva River. 

     Steve Thomas, 1060 Bloomsbury Run, addressed the Board to state their only objection would have been if the plan had been altered from what Mr. Goldberg had presented to them most recently.  He stated as a group of residents, neighbors of theirs in Heathrow had a number of concerns but one of the biggest concerns was the possibility of Markham Road being pushed further south up against the back wall of Heathrow and doing away with the trees and the right-of-way they have on that side.  He advised Mr. Goldberg has since proposed a new engineering plan with a turn-lane and told them that it has been preliminarily approved.  He is not sure what that means if there is still final engineering to be done. 

     Chairman Carey confirmed that final engineering has still yet to be done.  She explained that typically they do not shift a whole road to accommodate a development.  Mr. Thomas stated the original plan was that the developers wanted to move the road further in their direction and they were opposed to that. 

     Joseph Linartas, 1454 Sky Eagle Cove, addressed the Board and stated his property is across from the subject property.  He developed his property as five lots with each lot being over an acre.  He checked out this proposal and one proposal was a one-acre concept and the other was a cluster, which would be 17 lots versus 8 lots.  He remarked they have phenomenal traffic on that road.  He has been there over 10 years and all the other developments that came around made that road so dense that it is unreal.  He believes it would be conducive that the project as proposed has one-acre lots and it would reduce many things like traffic, schools, et cetera.  He added they would like to see what they have across the street which is one-acre lots.

     Mr. Linartas stated all they ask is for an easement for them to reach the trail, which is proposed.  He commented they enjoy the trail very much with their families, children and grandchildren.  He added that the way it is proposed, the driveway would not be directly across from their driveway, which would be very important.

     Upon inquiry by Chairman Carey, Mr. Linartas advised he gets to the trail now by going right across the property.  They cut through the woods on someone else’s property to get there because otherwise it would be over half a mile in either direction to reach it.

     Anthony Pinto, 1450 Sky Eagle Cove, addressed the Board to state he has been there since 1984.  He said he enjoys the beautiful area, but Markham Road is becoming very dangerous.  He relayed a story about a fatal accident that occurred on Markham Road.  He stated he has requested a sidewalk on the south side of Markham Road and talked to a couple of the Commissioners and they said it is in the works.  He reiterated Mr. Linartas’s request for a way to reach the Wekiva Trail, instead of a sidewalk.  He stated he is 73 years old and enjoys his bicycle, but he cannot do it because it is too dangerous.  He stated the gentlemen are proposing about eight houses or eight lots, and they will go for that as long they've got their trail. 

     Chairman Carey noted there is no provision that the Board would be able to impose that would make a private property owner grant an easement to somebody to the trail when there are many access points to the trail.

     At the request of Chairman Carey, Mr. Blackadar advised there are no plans that he is aware of for a sidewalk on Markham Road.  He stated there was a request that came in and they looked at this as in a corridor that has the trail running east and west.  He displayed the aerial map and indicated the location of the Wekiva Trail and public access points.  He indicated the location of the houses that access Markham Road directly. 

     Mr. Blackadar stated all the Heathrow houses there have no access to Markham Road directly.  The neighborhoods there are gated and have access to the trail and would not need a sidewalk.  He advised staff looked at this and with all the requests they get countywide, this was not put as a high priority because the existing location of the trail and the very limited amount of residents that would use the sidewalk. 

     Upon inquiry by Chairman Carey, Mr. Blackadar advised they have just turned the signal on at Orange Boulevard and Markham Road and it is fully operational.  He indicated the location of the trail crossing and added this is one of the locations they are going to put one of the new RRFB (Rectangular Rapid Flash Beacons) for pedestrian crossing. 

     Chairman Carey summarized that the issue at the intersection of Markham Road and Orange Boulevard has been resolved now by the installation of that traffic signal which is a big help.  She commented that in the mornings most of the activity right there is coming down Markham Road and making a right turn and then the left to get to I-4 or International Parkway.

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

     Speaker Request Form for Steve Thomas was received and filed.

     Chairman Carey suggested to Mr. Madden that as a friendly neighbor, they could work with the people across the street to give them some type of a code that could be monitored to access the trail.  She stated she thinks they are planning to have access for the residents to be able to go out onto the trail in the back so there will be some kind of pedestrian gate there.  Mr. Madden responded they can talk to them about that.  Chairman Carey stated it would not be a requirement of the Development Order; she is just requesting them to consider that as a good neighbor. 

     Commissioner Constantine agreed with Chairman Carey’s suggestion to find some accommodation for trail access as a good neighbor.  He noted that this is a heavily wooded piece of property and asked Mr. Madden what kind of accommodations he is proposing to protect as many trees as they can.  Mr. Madden responded they are required to save 50% or pay into a tree fund.  He stated those kinds of details will be worked out at final engineering but it is part of the Development Order and they will be obligated to that.

     Chairman Carey remarked there is also an additional 40-foot setback because it is classified as a canopy road so they have 40 feet before they can do anything due to the canopy ordinance.  Mr. Madden stated their plan is obviously to leave the 40 feet natural and added it is full of trees.  Chairman Carey noted if they build it as they have done their preliminary layout, then there will be another 20 feet where you would not see anything because the road would be there. 

     Motion by Chairman Carey, seconded by Commissioner Horan, to adopt Ordinance #2015-25 enacting a Small Scale Future Land Use Map Amendment from Suburban Estates to Planned Development; and adopt Ordinance #2015-26 enacting a Rezone from A-1 (Agriculture) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for a 17-lot, single-family residential subdivision on 9.11 acres, located on the north side of Markham Road, approximately ½ mile west of Orange Boulevard, as described in the proof of publication, Allan Goldberg.

     Districts 1, 2, 3 and 5 voted AYE.

BEVIER ROAD RIGHT-OF-WAY VACATE, Steven Coover

Agenda Item #62 – PH-2015-143

     Proof of publication calling for a public hearing to consider adoption of a Resolution vacating and abandoning a public right-of-way known as Bevier Road, as recorded in Plat Book 1, Page 55 in the Public Records of Seminole County for the property located on the southeast corner of Martin Luther King Jr. Boulevard and SR 46, Steven Coover, received and filed.

     Denny Gibbs, Planning & Development, addressed the Board to request a continuance to October 27th. 

     Chairman Carey noted the request relates to the City of Sanford and some prior dedications that need to be unwound so staff is working with them to do that on Bevier Road.

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

     Motion by Chairman Carey, seconded by Commissioner Dallari, to continue to October 27th at 1:30 p.m., or as soon thereafter as possible, the request to adopt a Resolution vacating and abandoning a public right-of-way known as Bevier Road, as recorded in Plat Book 1, Page 55 in the Public Records of Seminole County for property located on the southeast corner of Martin Luther King, Jr. Boulevard and SR 46, as described in the proof of publication, Steven Coover.

     Districts 1, 2, 3 and 5 voted AYE.

CHAIRMAN’S REPORT

     Motion by Chairman Carey, seconded by Commissioner Dallari, to approve appropriate Resolution #2015-R-153, in appreciation of Dr. Robert Moja for his service on the Seminole County Animal Control Board.

     Districts 1, 2, 3 and 5 voted AYE.

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     Chairman Carey reported the SunRail Customer Advisory Committee needs a member appointed by the Board of County Commissioners.  She listed the qualifications as follows: they must live in Seminole County, either incorporated or unincorporated; they must ride SunRail at least three days in a typical week; and they must be available to attend committee meetings, which last approximately two hours, held quarterly at the LYNX office in downtown Orlando.  She added that this position is purely voluntary.  She asked that the Board reach out to their constituents to notify those who would meet the qualifications and ask them to apply, and hopefully the Board will be able to appoint someone at the next meeting. 

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     At the request of Chairman Carey, Nicole Guillet, County Manager, advised there will be a meeting on September 23rd initiated by Orange County Commissioner Bryan Nelson to discuss the potential “springs” legislation and the upcoming legislative session.  She commented that Commissioner Nelson was at one time Representative Nelson and this is an issue he is familiar with.  He sent an invitation to County management as well as all of the Commission offices inviting the Board to that meeting.  He also invited representatives from other local governments that may be affected by that legislation. 

     Ms. Guillet stated she will be in attendance as well as Meloney Lung because this is a legislative issue.  They have also invited Kim Ornberg and Carol Hunter from Environmental Services to represent the County at that meeting.  She stated they have asked for responses from the Commissioners’ offices to see who might be able to attend and only Commissioner Constantine indicated he will try to attend.  She advised they posted the meeting and a follow-up email was sent out today with maps and backup information if any of the Commissioners would like to attend.

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     Chairman Carey stated the SunRail Phase 2 funding will be announced in Osceola County.  Commissioner Henley is the Board’s representative and Commissioner Dallari is the alternate and they are not available to attend.  Both she and Commissioner Horan are unavailable on that particular date and she is not sure about Commissioner Constantine’s schedule.  She requested Ms. Guillet make sure staff is in attendance at that meeting.  Chairman Carey confirmed for Commissioner Constantine the signing of the funding agreement will be Monday the 28th from 9:30 a.m. to 10:30 a.m. in Kissimmee. 

     Commissioner Dallari advised they spoke about it at the MetroPlan meeting and he informed them it may be difficult to get a commissioner there because the date has moved around a couple times.  Chairman Carey stated she just got handed the latest update.  She thinks that as one of the partners of SunRail, it is important to have representation there and noted it could be the County Manager and her team.  She remarked that if Commissioner Constantine can attend, great, and if not, they will make sure staff is there. 

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     Chairman Carey requested that as Ms. Guillet moves forward in the discussion with FWC (Fish & Wildlife Conservation Commission) and others to get ready for their workshop regarding the bear-proof garbage cans, one of the things she would like staff to consider is the commercial aspects of this.  Seminole County has a number of multi-family housing and commercial operations in that area and this is not just about residents that have one garbage can; this is about all garbage so there needs to be some component that would require dumpsters and compacters to be secured with a lock bar or some kind of mechanism that would also make them bear-resistant as part of that conversation.  She wants to ensure they do not leave that piece out.

COMMUNICATIONS AND/OR REPORTS

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

1.    Letter dated July 27, 2015 from Marva Johnson, Bright House Networks, to Commissioner Brenda Carey RE: upcoming changes to their cable programming lineup.  (C: Nicole Guillet, County Manager; Paul Louis, SGTV Program Manager; Michel Champagne, Bright House Networks)

 

2.    Copy of letter dated August 25, 2015 from Chairman Brenda Carey to Florida Department of Education Commissioner Pam Stewart RE: supporting the Seminole County School Board and Superintendent Walt Griffin’s efforts to replace the Florida Standards Assessment (FSA) with standardized national tests such as the Iowa Assessment, PSAT and/or SAT.  (C:  Governor Rick Scott; Pam Bondi, Attorney General; Senator David Simmons; Representative Bob Cortes; Jeff Atwater, Chief Financial Officer; Adam Putnam, Commissioner of Agriculture; Representative Jason Brodeur; Representative Scott Plakon)

 

3.    Copy of letter dated August 25, 2015 from James Christian, U.S. Department of Transportation, to Chairman Brenda Carey RE: the I-4 safety rest areas in Seminole County and recommending relocation of these facilities to another more appropriate location.  (C: Noranne Downs, FDOT D5 Secretary)

 

4.    Copy of letter and attachments dated September 1, 2015 from Chairman Brenda Carey to Petrina Herring, Department of Law Enforcement, RE: Federal Fiscal Year 2016 Edward Byrne Memorial JAG Program funds.

 

5.    Memorandum and attachment dated September 2, 2015 from Ray Valdes, Tax Collector, to Chairman Brenda Carey and Commissioners RE: Authorization for the Collection of the 2015 Tax Rolls Prior to the Completion of the Value Adjustment Board Hearings, Section 197.323, F.S.  (C:  David Johnson, Property Appraiser; Edward Bass, Resource Management Director; Lynda Hedrick, Property Tax Manager)

 

6.    Letter dated September 9, 2015 from David Johnson, Property Appraiser, to Chairman Brenda Carey RE: Seminole County Board of County Commissioners’ proportionate share of the Seminole County Property Appraiser’s 2015-2016 budget.  (C:  Edward Bass, Resource Management Director; Timothy Jecks, Budget Division Manager; Deb Palmer, Financial Manager)

 

7.    Letter dated September 9, 2015 from David Johnson, Property Appraiser, to Chairman Brenda Carey RE: the Seminole County/Municipal Fire District’s proportionate share of the Seminole County Property Appraiser’s 2015-2016 budget.  (C:  Edward Bass, Resource Management Director; Timothy Jecks, Budget Division Manager; Deb Palmer, Financial Manager)

 

8.    Letter dated September 9, 2015 from David Johnson, Property Appraiser, to Chairman Brenda Carey RE: the Seminole County Unincorporated Road District’s proportionate share of the Seminole County Property Appraiser’s 2015-2016 budget.  (C:  Edward Bass, Resource Management Director; Timothy Jecks, Budget Division Manager; Deb Palmer, Financial Manager)

 

9.    Letter with attachment dated September 14, 2015 from Cathy Galavis, Florida Department of Revenue, to Ray Valdes, Seminole County Tax Collector RE: the Tax Collector’s tentative budget.  (C:  Board of County Commissioners)

 

DISTRICT COMMISSIONERS’ REPORTS

     Commissioner Dallari reported that AquaFiber will be leaving Seminole County.  He advised he spoke to Dick Nunis a couple of times and would like to see if the Board wants to have any dialogue with them before they dismantle their facility on the south shore of Lake Jesup.  He stated if they want to do that, they should schedule either some dialogue or a work session with them.

     At the request of Chairman Carey, Ms. Guillet advised staff has had dialogue with AquaFiber.  She stated she cannot remember the exact number on the price but they were looking to partner with Seminole County for roughly a couple million dollars.  Commissioner Dallari noted he does not know the details; he just knows they are leaving.

     Ms. Guillet advised she did not speak with AquaFiber directly but stormwater staff and water management staff have been talking with them.  She explained that they are several months away from knowing what ultimately the loading requirements are going to be, what the credit requirements are going to be, so staff is not in a position to make a recommendation that the County invest a significant amount of money not knowing what their requirements will be. 

     Ms. Guillet stated staff tried to find a way to work with AquaFiber because they know it is an interesting and valuable technology but could not get everything to line up timing-wise to be able to make a recommendation that that was a path the County needed to go down.  She noted staff has been talking with AquaFiber also about smaller mobile units they have and some potential applications the County has for that. 

     Commissioner Dallari asked Ms. Guillet whether staff will be talking to AquaFiber about smaller facilities.  Ms. Guillet responded that they have some mobile units.  She advised that Kim Ornberg, Watershed Management, has been working with them on both the overall big picture issue as well as some of the smaller applications.

     Commissioner Dallari asked if staff has talked to them about Soldiers Creek, even though they are going to another process.  Ms. Guillet replied staff has not talked to them about Soldiers Creek because the Board has made a decision to move forward with a different project with respect to that, and they have already pulled the trigger on that project.  She advised if the Board is interested in having a briefing on that, she can make sure that Ms. Ornberg sets up a meeting. 

     Chairman Carey commented if they can use a combination of the alum and a mobile unit and it reduces the amount of alum they have to deal with, she thinks that is great.  She advised it is her understanding that it will be several months before they understand if they are even going to need more credits for TMDL.  She requested staff reach out to AquaFiber again and just talk about it because if they want to wait a couple of months until they have a decision when staff can make a recommendation to the Board as to what they should do before AquaFiber has disassembled their operation out there; it might be worth them waiting to do that.  She commented that if the County has to continue to generate TMDL credits in Lake Jesup, clearly this is a method that they should be looking at.  Discussion ensued.

     Ms. Guillet advised she will have Ms. Ornberg get with the Board so they can talk a little more in the detail with her about that. 

     Chairman Carey requested Ms. Guillet make sure Ms. Ornberg gets with AquaFiber to get a timeline of what they think that schedule looks like, when they will know what the requirements are going to be and when they think they will have a recommendation from Ms. Ornberg as to what they should do.  She added she would like staff to look at the mobile units in places like Soldiers Creek as a supplement to the alum solution.  Ms. Guillet stated she believes they have been looking at them, not at Soldiers Creek but on the east side of the county.  She restated she will have Ms. Ornberg reach out to AquaFiber as well as to the Board.

     Commissioner Dallari advised that in addition, he would also like to revalidate what they believe the passive systems are actually doing; whether they are doing what has been stated they are doing.  He added he has seen some information that the calculations people are assuming on passive were not actually being obtained in other places.  Ms. Guillet stated staff will update the Board on the status of all of their projects.

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     Commissioner Dallari mentioned that with the State's help, the County is putting in fiber optic cable down SR 426 all the way to the Geneva Fire Station.  He would like to see about connecting it to the Heritage Center and the museum in Geneva and what the actual cost would be to do that.  Commissioner Dallari confirmed for Chairman Carey that it would go from SR 426 and SR 46 down further.  He stated it is going right to the Geneva Elementary School and one of the two facilities is right along the way and the other one is the next property over.  Commissioner Dallari remarked that the Heritage Center has continuing education for high school equivalencies and there is no fiber out there. 

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     Commissioner Horan reported SWOP (Seminole Work Opportunity Program) will have a fundraiser on October 29th at Maison & Jardin and he will send the Commissioners some details on it.

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     Commissioner Horan announced the “Faces of the Future” fundraiser for the Boys & Girls Clubs of Central Florida will be on October 7th.  He will be sponsoring a couple tables there and asked that if any of the Commissioners are interested in attending, they contact him and he will be happy to have them sit at his table.

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     Commissioner Horan advised at the East Central Florida Regional Planning Council (ECFRPC) meeting they had a great presentation that Chief Leeanna Mims participated in on Homeland Security funding for the various regions in the country and how they are divided up.  He stated he was dismayed and surprised to learn that this region did not receive any Homeland Security money for these types of purposes because of where it was ranked.  He advised now they are trying to enlarge their region to include a couple other counties so they can get appropriate funding. 

     Commissioner Horan remarked he finds it hard to believe that the number one tourist destination in the United States is ranked number 32 in terms of regions for Homeland Security funding.  He commented Chief Mims made an excellent presentation to supplement the presentation that was provided by other people from Orange County and Homeland Security.  He noted this is an area where he thinks they need to talk to their State and Federal Representatives and Legislators concerning that particular issue. 

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     Commissioner Horan advised the Daughters of the American Revolution (DAR) sponsored Constitution Week.  He noted it was a pleasure to go to Lake Brantley High School to address several of the classes on the constitution there last week.  He stated he followed County Attorney Bryant Applegate and commented it was great to talk to those young people and hear their questions and discuss issues with them.

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     Commissioner Horan advised this area will host the Invictus Patriot Games, which are international games of wounded warriors from all nations.  He stated this is the first and probably the last time the United States will ever host this worldwide event.  It will be at ESPN Wide World of Sports at Disney May 8 through May 12, 2016.  He commented it is a real feather in their cap for this region to get this; huge financial interests are behind this in addition to international TV.  He added that the fact they have international sports through soccer had a lot to do with their ability to attract the Invictus Games.

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     Commissioner Horan stated LYNX is the subject of some recent legislation that has been filed for the upcoming session.  He stated at the Mayors and Managers meeting where he was pinch-hitting for Chairman Carey, a presentation was given by Representative Jason Brodeur concerning this proposed legislation.  He commented he does not know what kind of traction it has but it proposes to not just allow LYNX to facilitate public/private partnerships, but actually privatizes LYNX under a totally new type of structure.  He said he thinks they need some analysis on that particular bill again.

     Upon inquiry by Commissioner Dallari, Commissioner Horan stated he does not know the details of the bill as he did not have the opportunity to review the full bill, but it totally changes the board.  He explained that it basically takes the present board, changes the composition of it and makes it more controlled by Tallahassee.  He added that Tallahassee would take over control but no funding comes with all of this.  Chairman Carey commented that the State wants to privatize the management but leave local government with the bill. 

     Commissioner Horan opined this will not work and it is very typical of the type of legislation where Tallahassee wants to take over things but they do not want to fund the local control.  He commented the Central Florida Expressway Authority has gone in the opposite direction where they have gotten rid of the Tallahassee-controlled appointees and now have local-elected appointees on that board. 

     Commissioner Horan stated he thinks this is of interest as far as legislative priorities are concerned and added Osceola County has already weighed in with a letter on it.  He stated he does not want to propose anything without Commissioner Henley being present.  He added this should definitely be on their radar because the funding of LYNX right now is something that is very important to this Board and the entire region.  Being able to have the State do something in an effective way to fund and incentivize LYNX and other local transportation agencies to provide the kinds of public/private partnerships that are necessary to provide the connections between SunRail and the bus stations, or between the private employers and SunRail and public transportation, is really what they need. 

     Chairman Carey mentioned that with paratransit, which is run by a private operation, the change in Medicaid rules alone left a lot of people with disabilities stranded that depended on that transportation.  She stated they definitely need to have somebody read the bill, get an analysis and then draft something to send because looking back at the history of LYNX, it has had several different makeovers since it has been in existence and it seems to be operating better now than it had been.  She remarked that the fact that LYNX is a critical piece of SunRail is why it should be under one control and added that if anything, they should look at combining LYNX and SunRail together as one operating mechanism under local jurisdiction since both are going to be funded some day at that level.

     Chairman Carey requested a report on the bill that has been filed as well as executive summary on what the bill says.

     Commissioner Constantine noted the bill was sponsored by Representative Cortes.  He stated he represented the County and Commissioner Henley at the last LYNX meeting and this bill was part of the discussion.  In addition, there have been letters flying back and forth from different folks concerning the proposed FlexBus initiative.  He stated one of the things they discussed at that meeting is having Mayor Jacobs, who is the chairman at this time, sit down and talk to some of the folks that have been sending the letters which might help in working out whatever problems both sides might have.

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     Commissioner Constantine announced he was very privileged to speak at Constitution Week at Lake Brantley High School in addition to Commissioner Horan and Commissioner Dallari.  He commended the DAR (Daughters of the American Revolution) on doing a great job every year with Constitution Week. 

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     Commissioner Constantine stated that at the Leadership Seminole meeting they discussed the new homeless initiative.  Leadership Seminole is extremely excited about the proposal and what they think they will be able to accomplish. 

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     Commissioner Constantine reported he represented Commissioner Henley at the Seminole County Port Authority (SCOPA) meeting last week and they discussed the budget issues in long term.  He commented that one of the things that he thinks the Board has been concerned about is if SCOPA is going to spend the money on capital improvements, the Board would like to see some initiatives and plans for that and SCOPA is doing that.  He noted they had put out plans for some drainage improvements and parking improvements and it was good to see that as well as talking about some of the leases that they just assigned. 

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     Commissioner Constantine announced the Sanford Chamber of Commerce is having their Industry Recognition Dinner on September 24th.

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     Commissioner Constantine announced the Seminole County South Rotary Club will have their Art, Craft and Wine Festival on September 26th and 27th at Cranes Roost Park and it is always a wonderful event. 

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     Commissioner Constantine advised on September 24th he will be at the EDC (Economic Development Council) on the Defense Task Force and they will be putting together the legislative priorities. 

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     Commissioner Constantine noted “The Senator Sculptures: Ancient Wood Reborn” event will be September 29th and there will be an auction of art items created from “The Senator.” 

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     Commissioner Constantine advised the Seminole County Farm Bureau dinner will be October 6th. 

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     Commissioner Constantine stated he will host CALNO on October 7th.

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     Regarding Commissioner Horan’s comments on the ECFRPC meeting, Commissioner Constantine remarked that the presentation concerning Homeland Security and this area is very similar to the transportation.  He stated the Federal government does not give them any credit for all of the tourists that are using the region’s highways when they are talking about funding.  He explained the intent is to try to get a larger metropolitan area task force combined, which will include Brevard and Volusia counties who are currently not included.  He advised with the dissolution of the Withlacoochie Regional Planning Council, ECFRPC now includes Sumter County.  He added that Sumter County, along with Lake County, has a large percentage of the Villages and a lot of programs and projects that are going on there. 

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     Commissioner Constantine stated there will be a Wekiva River Basin Commission meeting in October, which Chairman Carey is a representative appointed by the Governor for Seminole County.  He added that he is the chair, and they will be talking about the Legislature coming up and what they need to do, if anything.

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     Chairman Carey reported that she attended the Orlando Sanford International Airport meeting and domestic travel is up 39% in August and up 17% year to date.  She stated while international travel continues to be down, it is not as bad as it was.  Year-to-date passengers through Sanford are over 1.7 million and there are expected to be 2.5 million at the end of this year.  She encouraged people to use the facility if they have not been out there before or had an opportunity to fly in and out of there.

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     As the Board representative on the Central Florida Commission on Homelessness (CFCH), Chairman Carey advised they had a retreat on August 28th.  Chairman Linda Lindman Gonzales called the meeting together and it was facilitated by Dr. Ron Piccolo of Rollins College who led the discussion.  She stated they were really trying to focus on where the Commission on Homelessness would be in the next three to five years and to get some ideas on that. 

     Chairman Carey advised that one thing that comes out loud and strong in every meeting the Commission on Homelessness has is that housing first seems to be the best solution.  She stated there is a new report out and she will distribute that.  It was released at the executive committee meeting on September 10th and they were asked to wait to distribute the report until it was publicly released, which was a little bit later in that time. 

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     Chairman Carey announced the inaugural meeting of the Seminole County Homeless Task Force was September 11th.  She stated she has passed the membership roster around to those at the dais and the meetings are scheduled once a month for the next six months from 8:00 a.m. to 12:00 p.m. 

     Chairman Carey advised Philip Mangano, an expert in the world of homelessness, was there to speak to the task force.  She stated if Mr. Mangano is going to be in town and the Commissioners have an opportunity to talk to him, she would highly encourage them to do so.  Mr. Mangano served under the Bush Administration on the national homelessness issue and has traveled around the country helping various cities and counties deal with homeless issues. 

     Chairman Carey advised HUD has changed their formula of how they are funding homelessness projects because their funding went up 17% to try to address the issue and the homeless numbers grew.  If agencies are not looking at housing first and rapid rehousing, they are probably not going to be getting funding from HUD, so as applications come forward, those who have that model, which is the model this region has been going toward, will be the ones able to be considered favorably for funding.       Chairman Carey stated it was really interesting talking to Mr. Mangano because it really changed her perspective on how to measure this and how to measure the outcomes.  She thinks that one of the things that this Commission is looking at is how to measure this.

     Chairman Carey stated she thinks staff is working along with the Coalition on Homelessness staff and the School Board and others to really understand what the homeless situation looks like.  The School Board considers any child that is sleeping on the couch at grandma's house as being homeless.  Chairman Carey stated while it is unfortunate that they have to double up, there are a number of cultures where generations live together and would be offended by being considered homeless because they do it with a purpose. 

     Chairman Carey advised if they have people that are in their cars and on the street, they can house them tomorrow and they need to do that, and she thinks that they have.  Chairman Carey stated she thinks the first step for this committee is to really understand homelessness.  She stated if they do nothing, it costs them about $37,000 for a chronically homeless person, but if they house them and put case management wrapped around them, it is about $12,000.  She stated that looking at the limited numbers they have, they can probably only accommodate so many of them and their count says they have 400 chronically homeless in Seminole County. 

     Chairman Carey stated that trying to get the numbers verified in the field is difficult.  She opined it is probably easier to do it with family homelessness than with chronic homelessness because they cannot just go out into a campsite and expect that they are going to tell them everything they want to know.  She stated they have to work with the agencies that have built those relationships.  When they did their last count, they were short on volunteers for that type of count.  The volunteers went to the sources where they feed, clothe and provide temporary shelter, but the actual camps, which is where the chronic homeless typically are, is a whole other game. 

     Chairman Carey stated she knows the County Manager is working with staff to try to make sure they get a handle on this but they need that to happen sooner versus later.  She noted she will keep the Commissioners posted as they continue to move forward on the homeless front.

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     Chairman Carey mentioned that the Commissioners were all invited to the Central Florida Expressway Authority meeting on September 10th and she thanked Commissioner Dallari for attending.  She remarked it was a long day because typically they have a half-day meeting and some kind of workshop because they are still working through some of the policies, procedures and things that need to happen as a new board.  She encouraged the Commissioners to come at any time they would like to witness the work at the Expressway Authority.  She stated she believes the meetings are aired on Orange TV, but she is not sure if you can get Orange TV in Seminole County.  Commissioner Horan stated Orange TV can be viewed through Bright House Networks.  He added sometimes they have an archive of the community stations.

     Chairman Carey remarked that because the Central Florida Expressway Authority board is a regional board now, she thinks the meetings should be aired throughout the region.  Commissioner Dallari suggested they have the County Manager reach out to Orange TV to get a copy of the meeting. 

     Regarding Chairman Carey’s comments on homelessness, Commissioner Constantine commented that the latest statistics on Millennials, 25- to 34-year-olds, indicates 15% are still living at home, which is the highest number of that age group since the Great Depression. 

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     Chairman Carey mentioned that Biketoberfest, which is a Daytona event, will be coming up in October, but tying into that, the Sanford Chamber of Commerce will have Sanford Bikefest starting on Friday, October 9th.  She stated motorcycles will start to be out on the streets again and they will be in Seminole County in great forces and asked everyone to please keep their eyes open so that these motorists can ride safely. 

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     Commissioner Horan advised he met with John Hillenmeyer and Mr. Mangano and stated Mr. Mangano and County Attorney Bryant Applegate have worked very closely with each other.  At the request of Commissioner Horan, Mr. Applegate advised he and Mr. Mangano started in the Bush Administration together.  Mr. Mangano was the head of the U.S. Interagency Council on Homelessness and Mr. Applegate ran the National Initiative on Affordable Housing.  He commented Mr. Mangano did a tremendous job and changed the focus. 

     Chairman Carey noted Mr. Mangano is the President of American Roundtable to Abolish Homelessness.  He is the former executive director to the United States Interagency Council to end homelessness under the Bush Administration from 2002 to 2008 and a renowned expert consultant change manager.  She added Mr. Mangano is a passionate advocate for ending homelessness in the United States.  She stated she thinks that Mr. Hillenmeyer was going to talk to Mr. Mangano about potentially hiring him as a consultant to make sure they have the right formula.  Commissioner Horan opined Mr. Mangano is motivated to accept Mr. Hillenmeyer's offer.  Chairman Carey stated she does not know that there has been an offer yet. 

COUNTY ATTORNEY’S REPORT

     Mr. Applegate reported he had the pleasure of following Ben Franklin on Constitution Day at Lake Brantley High School.  He advised he has spoken for all five years and this year was a particular joy because his presentation was a little different than everybody else's.  He stated he discussed how the Constitution has withstood great trauma like Watergate and presidential elections.  He commented it is a great thing to participate in. 

PUBLIC PARTICIPATION

     There being no further business to come before the Board, the Chairman declared the meeting adjourned at 3:35 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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