BOARD OF COUNTY COMMISSIONERS

SEMINOLE COUNTY, FLORIDA

January 14, 2020

 

     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, January 14, 2020, in Room 1028 of the SEMINOLE COUNTY SERVICES BUILDING at SANFORD, FLORIDA, the usual place of meeting of said Board.

     Present:

Chairman Jay Zembower (District 2)

Vice Chairman Lee Constantine (District 3)

     Commissioner Robert Dallari (District 1)

     Commissioner Amy Lockhart (District 4)

Commissioner Brenda Carey (District 5)

     County Manager Nicole Guillet

     County Attorney Bryant Applegate

     Chief Deputy Clerk Brent Holladay

     Deputy Clerk Kyla Farrell

 

 

     Pastor Eugene Smith, City Church, Sanford, gave the Invocation.  Commissioner Lockhart led the Pledge of Allegiance.

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     County Attorney Bryant Applegate announced he has requested a closed session with the BCC this afternoon.  The closed attorney-client session with legal counsel will be immediately following the Public Hearing portion of the BCC meeting and will be held in room 3024.  The purpose of the closed attorney-client session is to discuss litigation strategy related to expenditures and settlement negotiations with the plaintiff in the River Cross Land Company, LLC v. Seminole County federal case.  Attendance at the closed session is strictly limited to the following individuals:  County Commissioners Brenda Carey, Jay Zembower, Amy Lockhart, Lee Constantine, and Bob Dallari; County Attorney Bryant Applegate; Deputy County Attorney Lynn Porter-Carlton; and the County’s outside counsel Todd Norman and Jo Thacker of Nelson Mullins Broad and Cassel law firm.  A certified court reporter will be in attendance to transcribe the closed session in its entirety.  The closed session is being conducted pursuant to Florida Statute 286.011(8) and is expected to last between one and two hours.  The transcript of the closed session will remain sealed until the conclusion of the litigation, at which point it will be made part of the public record.  All discussions will be strictly limited to litigation strategy related to expenditures, mediation, and settlement negotiations.

     After the closed session, the public meeting will be opened back up in chambers and the Board may decide at that point to take a vote on what occurred at the closed session. 

BUSINESS SPOTLIGHT

The Business Spotlight video for ETR, LLC was presented.

AWARDS AND PRESENTATIONS

Agenda Item #1 – 2020-XXXX

      Motion by Commissioner Lockhart, seconded by Commissioner Carey, to adopt a Proclamation recognizing Specialist 4 James R. Cawthon, United States Army, Retired, as the Seminole County's January Veteran of the Month.

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

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Agenda Item #2 – 2020-1813

     Motion by Commissioner Carey, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2020-R-01 recognizing Annie Knight, Project Manager, Community Services Department for thirty-five (35) years of service to Seminole County Government and its citizens upon her retirement.

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

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Agenda Item #3 – 2020-XXXX

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2020-R-02 recognizing Michael L. Lloyd, Firefighter, Seminole County Fire Department, for twenty-nine (29) years of service to Seminole County Government and its citizens upon his retirement.

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

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Agenda Item #4 – 2020-1802

     Motion by Commissioner Constantine, seconded by Commissioner Dallari, to adopt a Proclamation proclaiming April 1, 2020, as National Census Day in Seminole County.

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

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Agenda Item #5 – 2020-1827

     Silvia McLain, Seminole County Bar Association Legal Aid Society, Inc., presented the Seminole County Bar Association Legal Aid Society’s 2019 Community Partner Award to the Seminole County Community Services Department. 

CONSENT AGENDA

County Manager Nicole Guillet announced Item #19, Bond Monitoring Polices and Procedures, has been deleted from the agenda.

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

Motion by Commissioner Carey, seconded by Commissioner Constantine, to authorize and approve the following:

County Manager’s Office

Business Office

 6.  Approve travel and mileage reimbursement to Commissioner Lee Constantine for miscellaneous travel from October 15, 2019 through December 5, 2019.  (2020-1815)

Office of Emergency Management

 7.  Approve and authorize the Chairman to approve appropriate Resolution #2020-R-03 adopting changes to the Administrative Code developing the Floodplain Management Team.  (2020-XXXX)

 

Community Services

Business Office

 8.  Adopt and authorize the Chairman to execute appropriate Resolution #2020-R-04 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.  (2020-1804)

 9.  Approve the Substance Abuse and Mental Health Baker and Marchman Act Transportation Plan between the Department of Children and Families Central Region Substance Abuse and Mental Health and Seminole County Government.  (2020-1809)

Community Development

10.  Approve and authorize the Chairman to execute the State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentives Certification form.  (2020-1834)

 

Development Services

Building

11.  Issue a determination that the unoccupied structure located at 2614 Country Club Road, Sanford, is a Public Nuisance, and authorize the Building Official to: (1) serve Notice of this determination, pursuant to Sections 168.5 and 168.6 Seminole County Code and (2) set a date for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code, based on the Building Official's certified findings; Mary K. Whitehouse.  (2020-1754)

Planning and Development

12.  Authorize release of Performance Bond #1158150 in the amount of $82,693.27 for Right-of-Way utilization for sidewalks, paving, and curbs, in relation to the Lake Mary Kinder Care; Amy Labadie, Applicant.  (2020-1799)

13.  Approve the plat for the Brookmore Estates Phase 3 subdivision containing twelve (12) lots on 5.01 acres zoned PD (Planned Development), located on the north side of Chapman Road approximately 4,000 feet west of Alafaya Trail; Pulte Home Company, LLC, Applicant.  (2020-1795)

14.  Approve the plat for the Riverside Reserve (FKA Cameron Heights Village C) subdivision containing seventy-six (76) lots on 19.77 acres zoned PD (Planned Development), located on the west side of N. Beardall Avenue, south of Hughey Street; Allen and Company, Applicant.  (2020-1814)

15.  Authorize release of the Private Road Maintenance Bond #SUR0035937 in the amount of $83,281.43 and the Right-of-Way Utilization Maintenance Bond #SUR0035936 in the amount of $11,817.88 for the Retreat at Oregon subdivision; M/I Homes of Orlando, LLC, Applicant.  (2020-1800)

16.  Authorize release of a Cash Maintenance Bond in the amount of $2,328.32 for Right-of-Way utilization for paving and drainage improvements, in relation to the Waterside Phase 2 Subdivision; Waterside 2 Lake Mary, LLC, Applicant.  (2020-1833)

 

Environmental Services

Solid Waste Management

17.  Approve and authorize the Chairman to execute a Certificate of Public Convenience and Necessity for Schwartz Family Venture, LLC, d/b/a redbox+ of Orlando, effective from January 14, 2020 through September 30, 2020.  (2020-XXXX)

 

Public Works

Engineering Division

18.  Approve and authorize the Chairman to execute an Agreement between Seminole County and Lennar Homes, LLC, for Mikler Road improvements.  (2020-1801)

 

Resource Management

Budget Division

19.  Pulled from the agenda the request to approve and authorize the Chairman to execute a resolution to create Seminole County Administrative Code Section 22.30, Bond Monitoring Policies and Procedures.  (2020-1818)

20.  Approve and authorize the Chairman to execute Amendment No. 1 to Agreement No. NF034 with the Florida Department of Environmental Protections (FDEP) for the Fertilizer Education Grant Program to modify the budget spending categories.  (2020-1820)

21.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-05 implementing the Budget Amendment Request (BAR) #20-017 through the General Fund (00100) to reallocate $210,000 of project budget for Development Enhancements Project (02014008).  (2020-1808)

22.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-06 implementing Budget Amendment Request (BAR) #20-026 through various funds in the amount of $5,988,714.18 to make associated adjustments and Carryforward available grant revenue and expenditures balances from FY 2018/19 to FY 2019/20.  (2020-1829)

23.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-07 implementing the Budget Amendment Request (BAR) #20-027 through the Federal Mitigation Grant Fund and General Fund Reserves in the amount of $234,270 to cover the increase cost for the Hazard Mitigation Grant Program - Public Works Backup EOC Wind Retrofit project.  (2020-1819)

24.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-08 implementing the Budget Amendment Request (BAR) #20-028 through the Leisure Services Grant Fund in the amount of $15,000 to establish funding for the State of Florida Fish & Wildlife Conservation Commission purchase order for the Habitat Management grant.  (2020-1816)

25.  Approve and authorize the Chairman to execute a grant agreement with the State of Florida Department of Environmental Protection in acceptance of $200,000 for the Spring Hammock Preserve; and to execute appropriate Resolution #2020-R-09 implementing the Budget Amendment Request (BAR) #20-029 through the Leisure Services Grant Fund in the amount of $200,000 to establish funding.  (2020-1825)

26.  Approve and authorize the Chairman to execute appropriate Resolution #2020-R-10 implementing Budget Amendment Request (BAR) #20-030 through the General Fund in the amount of $200,000 from Reserves to provide additional funding for the 5 Points Master Plan.  (2020-1830)

Purchasing and Contracts Division

27.  Waive the Procurement Process and Award Single Source Procurement M-603695-19/BJC – Employee Insurance Benefits Consultant Services Agreement with Hylant of Orlando, LLC, Lake Mary, in the amount of $78,000 per year.  (2020-1803)

28.  Award IFB-603644-19/TLR - Term Contract for Passive Park/Boat Ramp Landscape Maintenance to BrightView Landscape Services, Inc., Longwood; and authorize the Purchasing and Contracts Division to execute the Agreement.  The estimated annual usage is $109,630.  (2020-1806)

29.  Approve an increase to the Board-approved Estimated Annual Usage for PS-0009-15/RTB - Continuing Services Agreement for Design of Minor Projects with Construction Costs Less Than $2,000,000 by an additional $1,000,000 per year.  (2020-1807)

30.  Approve First Amendment to PS-8827-13/DRR - Engineering Consultant Services Agreement for New Oxford Road Improvements with Metric Engineering, Inc., Lake Mary, to extend the term of the Agreement for an additional three (3) years; and authorize the Purchasing and Contracts Division to execute the Amendment.  (2020-1810)

31.  Approve Work Order #59 for SR 434 at Sand Lake Road - Turn Lanes with Metric Engineering, Inc., Lake Mary, under PS-0009-15/RTB - Design of Minor Projects Less than $2,000,000, in the amount of $136,463.86; and authorize the Purchasing and Contracts Division to execute the Work Order.  (2020-1821)

32.  Approve Amendment #2 to Work Order #40 - Oxford Road Improvements Utility Relocations under PS-8186-13/DRR for CES - Utility Improvement Projects with Hazen and Sawyer, P.C., Orlando, in the amount of $148,677.31; and authorize the Purchasing and Contracts Division to execute the Amendment.  (2020-1826)

33.  Approve Amendment #1 to Work Order #4 for Lake Harney Basin - Watershed Resiliency Plan under PS-1709-18/RTB - Master Services Agreement for National Pollutant Discharge Elimination System (NPDES) with Geosyntec Consultants, Winter Springs, in the amount of $24,974.05; and authorize the Purchasing and Contracts Division to execute the Amendment.  (2020-1828)

34.  Approve the Unauthorized Commitment for services rendered outside Work Order #6 - Staff Augmentation Services under PS-9742-14/RTB with Jacobs Engineering Group Inc., Orlando, in the amount of $119,188.81; authorize an increase to the Board-approved estimated annual usage by the same amount; and authorize the payment of the outstanding invoice(s) which have not been paid due to the Work Order balance shortage caused by the payment of the unauthorized services invoice.  (2020-1832)

35.  Award RFP-603619-19/TLR - HVAC Repairs, Preventive Maintenance and Replacement Services to Mechanical Services of Central Florida, Inc., Orlando, and authorize the Purchasing and Contracts Division to execute the agreement.  The estimate annual usage is $580,000.  (2020-1817)

 

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

Constitutional Officers’ Consent Agenda

Clerk & Comptroller’s Consent Agenda Item #36

Motion by Commissioner Carey, seconded by Commissioner Lockhart, to approve Expenditure Approval Lists dated November 18, December 3, 9, and 16, 2019; Payroll Approval Lists dated November 27 and December 12, 2019; and the BCC Official Minutes dated September 11 and September 24 (Budget Hearing), 2019.  (2020-1835)

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

 

Clerk & Comptroller’s “Received and Filed” Documents

1.    Florida Public Service Commission Consummating Order, #PSC-2019-0489-CO-EI, re:  Petition for approval of revised underground residential distribution tariffs, by Duke Energy Florida, LLC, Docket #20190076-EI issued November 19, 2019.

 

2.    Florida Public Service Commission Consummating Order, #PSC-2019-0523-CO-GU, re:  Joint petition for approval of swing service rider rates for January through December 2020, by Florida Public Utilities Company, Florida Public Utilities Company-Indiantown Division, Florida Public Utilities Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation, Docket #20190160-GU issued December 16, 2019.

 

 

3.    Florida Public Service Commission Tariff Order Approving Revised Swing Service Rider Rates, #PSC-2019-0491-TRF-GU, re:  Joint petition for approval of swing service rider rates for January through December 2020, by Florida Public Utilities Company, Florida Public Utilities Company-Indiantown Division, Florida Public Utilities Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation, Docket #20190160-GU issued November 19, 2019.

 

4.    Florida Public Service Commission Tariff Order Approving Gas Reliability Infrastructure Programs Cost Recovery Factors, #PSC-2019-0502-TRF-GU, re:  Joint petition for approval of GRIP cost recovery factors, by Florida Public Utilities Company, Florida Public Utilities Company-Fort Meade, and Florida Division of Chesapeake Utilities Corporation, Docket #20190173-GU issued November 25, 2019.

 

5.    Certificates of No Recall for Penn Sanford, LLC, and SOKC, LLC, dated November 21, 2019; and R.B. Jai Alai, LLC, dated December 20, 2019

 

6.    Memorandum to BCC from Paul Chipok, Deputy County Attorney, dated December 17, 2019, re:  Follow-up to December 10, 2019, SunRail Update Work Session; Update Response to August 29, 2019, Commissioner Dallari List of SunRail Questions.

 

7.    Funding Approval/Agreement with HUD for CDBG, HOME, and ESG Programs; as approved by the BCC on July 23, 2019, as part of the 2019-2020 Action Plan.

 

8.    Community Services Community Development Block Grant Agreements Fiscal Year 2019-2020 with Lighthouse Central Florida, Inc. – Elder Services; Lighthouse Central Florida, Inc. – Youth Services; Aspire Health Partners, Inc.; Catholic Charities of Central Florida, Inc.; and Kathleen Anderson Comprehensive Work Center, Inc., d/b/a Inspire of Central Florida; as approved by the BCC on July 23, 2019.

 

9.    Community Services Funding Agreements Fiscal Year 2019-2020 with Catholic Charities of Central Florida, Inc.; Seminole County Victims’ Rights Coalition, Inc., d/b/a Safehouse; and Central Florida Family Health Center, Inc., d/b/a True Health; as approved by the BCC on July 23, 2019.

 

10.    Community Services Emergency Solutions Grant Subrecipient Agreements Fiscal Year 2019-2020 with Seminole County Victims’ Rights Coalition, Inc., d/b/a Safehouse and Recovery House of Central Florida, Inc.; as approved by the BCC on July 23, 2019.

 

11.    Performance Bond #SEHNSU 0725850 (Roads, Streets, Drainage) in the amount of $344,765; Title Opinion Letter; and Recording of Plats for the project known as Balmy Beach Marketplace; Taurus CD 186 Balmy Beach FL, LP.

 

12.    Performance Bond (Roads, Streets, Drainage) #800027325 in the amount of $342,800.70 for the project known as Jefferson Lake Howell Apartments; Jefferson Lake Howell, LLC.

 

13.    Performance Bond (Roads, Streets, Drainage) #107152072 in the amount of $36,878.62 for the project known as Topgolf Lake Mary; ARCO/Murray National Construction Company, Inc.

 

14.    Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with Jordan Construction & Development, LLC, for the project known as Jakubcin.

 

15.    Conditional Utility Agreements for Water, Wastewater, or Reclaimed Water Services with Pulte Home Company, LLC, for the projects known as Crestwood at Lake Marietta and Chapman Pines.

 

16.    Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with M/I Homes of Orlando for the project known as Hideaway Cove Ph. 3.

 

17.    Conditional Utility Agreement for Water, Wastewater, or Reclaimed Water Services with CCRC Development Corporation for the project known as Legacy Pointe.

 

18.    Associate Tennis Pro Agreement with Madelyn Escudero.

 

19.    Assistant Tennis Pro Agreement with Martynas Lukosiunas.

 

20.    Pet Rescue Cooperative Service Agreement with Southeast Volusia Humane Society.

 

21.    Tourist Tax Funding Agreement with 3D Lacrosse, LLC, for Southern Retreat.

 

22.    Tourist Tax Funding Agreement with Nations Baseball, LLC, d/b/a DS Sports Ventures for Nations Baseball December Tournaments (Winter Bat Freeze, Gold Glove Invitational, and Santa Turbo).

 

23.    Tourist Tax Funding Agreement with USSSA Central Florida Fast Pitch, LLC, for 2019 Central Florida State Championships.

 

24.    Tourist Tax Funding Agreement with Florida Half Century Amateur Softball Association, Inc., for FHC State Tournament.

 

25.    Tourist Tax Funding Agreement with Suncoast Athletics Sports Group, Inc., for Winter All-Star Classic.

 

26.    Tourist Tax Funding Agreement with Florida PGF, LLC, for 2019 State Championships.

 

27.    Tourist Tax Funding Agreement with Elite Clubs National League, Inc., for 2019 Boys ECNL Florida.

 

28.    Tourist Tax Funding Agreement with Athletx, LLC, for Baseball Youth All-American Games and Softball Youth All-American Games.

 

29.    Developer’s Commitment Agreement #19-20500039, Balmy Beach Marketplace PD, Taurus CD 186 Balmy Beach FL, LP.

 

30.    Developer’s Commitment Agreement #19-20500020, Benton House of Oviedo PD (f/k/a Buck Creek Plantation), COD Holdings, LLC.

 

31.    Developer’s Commitment Agreement #19-20500023, Central Parc at Lake Howell Branch Plaza PD, Central Parc at Howell Branch, LLC.

 

32.    First Amended and Restated Developer’s Commitment Agreement #19-20500036 and Addendum #2 to Development Order #19-20500036, Jakubcin Place PD, Jordan Construction & Development, LLC.

 

33.    Developer’s Commitment Agreement #19-20500034, Red Ember Estates PD; David & Patricia Somers, Robin & Thomas Carey, Mark & Mary Engwall, Craig Labrecque, Norman Appel, Richard & Micheline Marshall, DLC Red Ember, LLC.

 

34.    Developer’s Commitment Agreement #19-20500030, Townpark Commons, Piedmont Townpark Land, LLC

 

35.    Approval Development Orders #19-30000090, Lot 73 Reed Avenue, Ernestina & Ernesto Rios; #19-30000091, 130 Overlook Drive, Jason Banning; #19-30000092, 1625 Brumley Road, Rehab & Thomas Entenmann; #19-30000095, 3351 Florida Avenue, Steven & Nancy Hicks; #19-30000096, 2230 Church Street, Theretha Jones.

 

36.    Recording of Plats and Title Opinion Letter for the project known as Central Parc at Howell Branch; WP Daycare, LLC, and Central Parc at Howell Branch, LLC.

 

37.    Recording of Plats and Title Opinion Letter for the project known as Looking Glass Place; DR Horton, Inc.

 

38.    Recording of Plats and Title Opinion Letter for the project known as M-1 Between the Runways; Seminole Land Management, LLC.

 

39.    Recording of Plats and Title Opinion Letter for the project known as Tract A1B2 Waters Edge at Hawks Crest; Hawks Crest at Winter Park Homeowners Association, Inc.

 

40.    Amendment #1 to Work Order #44, Work Order #54, and Work Order #56 to PS-0009-15 with Atkins North America, Inc.

 

41.    Amendment #1 to Work Order #40, Work Order #57, and Work Order #58 to PS-0009-15 with Inwood Consulting Engineers, Inc.

 

42.    Work Order #55 to PS-0009-15 with Metric Engineering, Inc.

 

43.    Work Order #15 to PS-0157-15 with S2Li, Inc.

 

44.    Work Order #30 to RFP-0336-15 with Miller Electric Company.

 

45.    Amendment #1 to Work Order #1 to PS-0592-16 with Metric Engineering, Inc.

 

46.    Closeout to Work Order #14 to RFP-1294-17 with Dager Construction.

 

47.    Closeout to Work Orders #20 and #21 to RFP-1294-17 with M&J Enterprises International, Inc.

 

48.    Work Order #26 and Change Order #1 to Work Order #28 to RFP-1294-17 with M&J Enterprises International, Inc.

 

49.    Work Order #27 to RFP-1294-17 with Pat Lynch Construction, LLC.

 

50.    Work Order #17 to PS-1320-17 with Wood Environment & Infrastructure Solutions, Inc.

 

51.    Second Amendment to CC-1391-17 with Schuller Contractors, Inc.; Ryan Fitzgerald Construction, Inc.; Central Florida Environmental Corp.; and P&S Paving, Inc.

 

52.    Work Orders #6 and #7 to CC-1391-17 with Central Florida Environmental Corp.

 

53.    Amendment #1 to Work Order #4 to CC-1391-17 with P&S Paving, Inc.

 

54.    Work Orders #9 and #10 to PS-1529-17 with Albeck Gerken, Inc.

 

55.    Second Amendment to PS-1529-17 with Iteris, Inc.

 

56.    Fourth Amendment to PS-1822-18 with Jacobs Engineering Group, Inc.

 

57.    Work Order #13 to PS-1822-18 with Reiss Engineering, Inc.

 

58.    First Amendment to PS-1832-18 with CDM Smith, Inc.

 

59.    Work Order #25 and Amendment #1 to Work Order #16 to PS-1832-18 with CDM Smith, Inc.

 

60.    Work Orders #23 and #24 to PS-1832-18 with England-Thims & Miller, Inc.

 

61.    Amendment #1 to Work Orders #1 and #5 to PS-1832-18 with Tierra, Inc.

 

62.    Change Order #1 to CC-1968-18 with Glen Holt Aluminum, LLC.

 

63.    Second Amendment to PS-2009-18 with Jacobs Engineering Group, Inc.

 

64.    Change Order #1 to CC-2034-18 with Linton Enterprises.

 

65.    Change Order #1 to CC-2042-18 with Glen Holt Aluminum, LLC.

 

66.    Closeout to CC-2042-18 with Glen Holt Aluminum, LLC.

 

67.    Amendment #1 to Work Order #1 to PS-2225-19 with Atkins North America, Inc.

 

68.    First Amendment to CC-2392-19 with Southern Development & Construction, Inc.

 

69.    Change Order #1 to CC-2466-19 with Morrissette Electric, Inc.

 

70.    Work Orders #2 and #3 to PS-2468-19 with GAI Consultants, Inc.

 

71.    Change Order #1 to CC-2563-19 with U.S. Veteran Contractors, LLC.

 

72.    Change Order #1 to CC-2582-19 with U.S. Veteran Contractors, LLC.

 

73.    Amendment #6 to Work Order #3 to PS-8827-13 with Metric Engineering, Inc.

 

74.    Work Order #15 to RFP-9601-14 with Revere Controls Systems, Inc.

 

75.    Amendment #6 to Work Order #22 to PS-9738-14 with Environmental Consulting & Technology, Inc.

 

76.    Amendment #3 to Work Order #28 to PS-9738-14 with
E Sciences, Inc.

 

77.    Amendment #1 to Work Order #3 to PS-9983-14         with Atkins North America, Inc.

 

78.    First Amendment to PS-9983-14 with Consor Engineers, LLC.

 

79.    Amendment #2 to Work Order #2 to PS-9983-15 with Consor Engineers, Inc.

 

80.    First Amendment to IFB-602318-15 with Amfico Industries Inc., d/b/a American Fire Co.

 

81.    Second Amendment to RFP-602439-15 with Life Extension Clinics, Inc., d/b/a Life Scan Wellness Centers.

 

82.    First Amendment to RFP-602624-16 with Data Transfer Solution, LLC.

 

83.    First Amendment to IFB-602958-17 with Batteries by Fisher, Inc.

 

84.    First Amendment to RFP-603036-18 with Broussard, Cullen & Blastic, P.A.

 

85.    First Amendment to RFP-603065-18 with Cooperative Personnel Services.

 

86.    First Amendment to RFP-603154-18 with Charles Aquatics, Inc.

 

87.    First Amendment to RFP-603430-19 with Aerc Acquisition Corporation d/b/a Aerc Recycling Solutions – A Clean Earth Company.

 

88.    First Amendment to IFB-603477-19 with Yang, Inc., d/b/a Semco Electric Company.

 

89.    First Amendment to RFP-603499-19 with A1 Assets, Inc.

 

90.    IFB-603660-19 with Multicom, Inc.

 

91.    Bids as follows:

 

CC-2696-19 from Black Street Enterprises, LLC, d/b/a BSE Construction Group; Linton Enterprises; Glen Holt Aluminum, LLC;

 

BID-603641-19 from Boulevard Contractors Corp.; BK Earnest, LLC;

 

BID-603650-19 from KC Screen, Inc.; Citory Solutions, LLC;

 

BID-603656-19 from Pemica, Inc.; Douglas Equipment; Compumeric Engineering, Inc., d/b/a Bearsaver;

 

IFB-603647-19 (AKA IFB-603347-19) from P&L Lawn Maintenance, Inc.; BrightView Landscape Services, Inc.; AmeriScapes Landscape Management Services, LLC; Helping Hand Lawn Care, LLC;

 

IFB-603612-19 from BrightView Landscape Services, Inc.; Lorenzo’s Touch Lawn Service; Millennium Services of Florida, LLC;

 

IFB-603634-19 from Lexyl Travel Technologies, LLC; Go Travel, Inc.;

 

IFB-603644-19 from Helping Hand Lawn Care, LLC; BrightView Landscape Services, Inc.; AmeriScapes Landscape Management Services, LLC; Carol King Landscape Maintenance, Inc.;

 

IFB-603660-19 from Control Technologies, Inc.; Transportation Control Systems, Inc.; Multicom, Inc.; Rainbow Distributors USA, Inc.; American Wire Group;

 

IFB-603683-19 from North America Fire Equipment, Co., Inc. (NAFECO); Ten-8 Fire Equipment, Inc.;

 

RFP-603643-19 from JayKay Medical Staffing; Response Systems, Inc.;

 

RFP-603659-19 from Langton Associates, Inc.; Florida Housing Coalition, Inc.; and

 

RFP-603696-19 from The University of Central Florida Board of Trustees and Downs & St. Germain Research, Inc.

Sheriff’s Office Consent Agena Item #37

     Motion by Commissioner Dallari, seconded by Commissioner Lockhart, to approve appropriation of the remaining $85,000 from Local Law Enforcement Trust Fund for FY 2019/20 to provide funding to various support organizations within the community to assist in crime prevention, safe neighborhoods, and programs for at-risk populations.  (2020-XXXX)

     Under discussion, Commissioner Lockhart stated there may be a greater benefit if they put the money in one direction rather than parceling out a little amount to a lot of organizations.  She understands commitments have already been made for this year’s funds, but she would like to have a discussion on the issue to guide the conversation for next year.  Chairman Zembower stated he would like to see a collaboration between the Sheriff’s Office, the Board, and some of the other entities to try to prioritize the most important needs in the community.

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

     Chief Lisa Spriggs, Sheriff’s Office, addressed the Board and advised her office has had some internal discussions on how they allocate the money going forward.  In regards to Rescue Outreach Mission, they are looking at bringing to the Board an appropriation of the money.  Right now, it is yet to be determined what is really needed.  She has a meeting to discuss some of the things that are needed at that facility and they are doing a listing of that now to get it up to where it needs to be.  She thinks that might be an appropriate use of the money to enhance that facility.

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Chairman Zembower recessed the meeting at 10:22 a.m., reconvening at 1:30 p.m. with all Commissioners and all other Officials, with the exception of Chief Deputy Clerk Brent Holladay, who were present at the Opening Session.

EMPLOYEE SPOTLIGHT

Steve Fussell, Office of Organizational Excellence, addressed the Board to present The Employee Spotlight video featuring Alex Perez and Manny Cheatham.

PROOFS OF PUBLICATION

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

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

PUBLIC HEARINGS

 

Item #38 – 2020-1797

Oregon Avenue Right-of-Way Vacate/Tom Stiffey

Danalee Petyk, Planning and Development, addressed the Board to advise the Applicant has requested that the item be continued to the January 28, 2020, meeting.

Discussion ensued regarding the BCC meeting calendar.  Ms. Guillet advised regardless of where they fall on the schedule, staff is recommending the Board keep the January 28 meeting.

With regard to public participation, no one in the audience spoke in support or opposition to Item #38, and public input was closed.

Motion by Commissioner Carey, seconded by Commissioner Constantine, to continue to January 28, 2020, at 1:30 p.m. or as soon thereafter as possible, the request to adopt a Resolution vacating and abandoning an uncut portion of the public right-of-way known as N. Oregon Street, as recorded in Plat Book 1, Pages 127 and 128, in the Public Records of Seminole County, Florida; Tom Stiffey.

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

Item #39 – 2020-XXXX

Sylvan Lake Aquatic Weed Control MSBU

     Lorie Bailey Brown, Resource Management Director, addressed the Board and advised this item was a final cost calculation done for a previous MSBU.  Staff is going to hold all MSBU items until they bring forth an item at the next meeting regarding administrative fees, so they are continuing the item.

     With regard to public participation, no one in the audience spoke in support or opposition to Item #39, and public input was closed.

     Motion by Commissioner Lockhart, seconded by Commissioner Dallari, to continue to January 28, 2020, at 1:30 p.m. or as soon thereafter as possible, the request to approve and authorize the Chairman to execute a Resolution confirming the non-ad valorem capital assessment for Sylvan Lake Aquatic Weed Control MSBU (Ordinance 2019-16) as per Phase I completion and actual cost for Phase I services.

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

Item #40 – 2020-1805

Markham Woods Road Golf Cart Ordinance

     Bill Wharton, Public Works, addressed the Board and presented the item as outlined in the agenda memorandum.  He advised staff recommends approval.

     With regard to public participation, no one in the audience spoke in support or opposition to Item #40, and public input was closed.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to adopt Ordinance #2020-01 establishing a Designated County Facility in accordance with Section 34.30 of the Seminole County Administrative Code for the use of golf carts on the sidewalk adjacent to Markham Woods Road.

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

     District 4 voted NAY.

     Motion passes 4 to 1.

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     Commissioners Dallari, Lockhart, and Carey submitted their ex parte communications (received and filed).

Item #41 – 2018-0841

Oxford Apartments Educational System Impact Fees Vesting Extension

     Rebecca Hammock, Development Services Director, addressed the Board and presented the item as outlined in the agenda memorandum.  She advised staff’s recommendation is to approve an interim Educational System Impact Fee Vesting Certificate for the Oxford Apartments, on property located generally near the southeast corner of the intersection of U.S. Hwy 17-92 and S.R. 436.

     Commissioner Carey stated when they adopted the ordinance for the vesting letters, they said they would have to be in building permits; in other words, if they had submitted their permit application, that would be the trigger.  Ms. Hammock replied that is correct.  She clarified if they had actually pulled building permits, then they would satisfy the vesting requirement. 

     On behalf of Oxford Apartments, Michael Jones, 1211 Royal Oak Drive, addressed the Board and advised he agrees with staff’s recommendation.  He noted he would like to have an advertised work session in the future.

     With regard to public participation, Kami Corbett and Joseph Ranaldi, Seminole County Public Schools, spoke in opposition; no one else in the audience spoke to Item #41, and public input was closed.  Speaker Request Forms were received and filed.

     Commissioner Carey stated as she understands it, some of the delay in staff being able to process this has to do with the County’s own utilities.  Ms. Hammock responded that is correct.  Commissioner Carey confirmed with Ms. Hammock that staff doesn’t have the answers to move forward at this time.  Ms. Hammock added it is under site plan review now, and they’ve gone through two cycles of review; but at this point, they can’t move forward until the infrastructure for the utilities is upgraded.

     Ms. Guillet advised as a practical matter, staff won’t have the utility issue resolved in 60 days.  If the Board chooses to extend the vesting agreement, the 60 days would give staff an opportunity to discuss a little bit further what the terms of that agreement would be.  Commissioner Carey stated it’s obviously not the fault of the developer in this case.  They would have been able to meet the vesting letter conditions on the 247 units had the County not hit a snag.  The Commissioner expressed the fact that it’s not their fault, she doesn’t have an issue supporting the 60 days, but she wants to make sure it doesn’t keep getting continued because that is not fair to the School Board.  She asked if the County Manager can come back with a meaningful recommendation and solution within 60 days, and Ms. Guillet answered yes.

     Commissioner Lockhart asked how many other vesting certificates were not able to be completed within the timeframe that was allotted.  Ms. Hammock answered there are some, probably less than a handful, but she would have to look.  Commissioner Lockhart stated while this hiccup certainly wasn’t the developer’s fault, there are things that happen in the course of development that are beyond control of the developer whether it is financing or whatever it may be.  She thinks the reason they feel compelled to help in this situation is because it was the County’s issue.  Commissioner Lockhart advised there is something that the County should be able to look at to help them, but it shouldn’t be on the back of the educational impact fee.  There may be other things they can do to help alleviate that if they’re feeling compelled.  She is not inclined to support the full amount that’s being requested for the whole development.  Commissioner Carey stated if they can do something to offset the impact to the School Board she would be all for that.  So as the County Manager looks at her recommendation and analysis, she would encourage her to look to see what other things she could come up with.

     Motion by Commissioner Carey, seconded by Commissioner Dallari, to approve a two-month extension to March 25, 2020; and approve an Interim Educational System Impact Fee Vesting Certificate for the Oxford Apartments, on property located generally near the southeast corner of the intersection of U.S. Hwy 17-92 and S.R. 436.

     Under discussion, Commissioner Constantine stated when the recommendation is brought back in 60 days, he will look for a compelling argument as to why they would extend the additional 880 units.

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

     District 4 voted NAY.

     Motion passes 4 to 1.

Item #42 – 2019-1745

Bowles Estates Lot 2 Conservation Easement Vacate/

Heath & Mindy McLaughlin

     Ms. Petyk presented the item as outlined in the agenda memorandum.  She advised staff recommends approval.

     Commissioner Constantine asked if there has been any fill put on the property.  Ms. Petyk answered she can only speak to what was provided, which was a wetlands survey that was conducted in December.  If there was fill brought in previously or a previous wetland line, staff doesn’t look at that for this application.  Commissioner Constantine stated ultimately what has happened is that this site was misconstrued as a conservation area and it is not.  Ms. Petyk explained the conservation easement was established for the floodplain elevation; it just happens to also include a wetlands line.

     Commissioner Constantine stated one thing they will have to be concerned about in the future is when and if that property wants to be developed.  He thinks there will be a lot of concerns about how they go about it to protect the integrity of Little Bear Lake.  Commissioner Carey discussed Google Map aerials and how they could be beneficial for staff.  She thinks when somebody comes in and requests an easement vacate in a conservation easement, looking at those aerials should be part of staff’s process to confirm whether or not it has ever been filled without a permit.

     Heath McLaughlin, Applicant, addressed the Board and presented Petition to Vacate Application (received and filed).

     With regard to public participation, no one in the audience spoke in support or opposition to Item #42, and public input was closed.

     Commissioner Constantine submitted his ex parte communication (received and filed).

     Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to adopt appropriate Resolution #2020-R-11 vacating and abandoning a portion of the platted conservation easement on Lot 2 of the Bowles Estates Subdivision as established in Plat Book 75, Page 43, for property located on the north side of Jessica Drive, approximately 720 feet west of Bear Lake Road, and more particularly known as 5968 Jessica Drive, Apopka. 

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

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     Chairman Zembower announced the Board is going to recess so they can convene the Closed Session.  Once the Closed Session is adjourned, they will reopen the public hearings.

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     Chairman Zembower recessed the meeting at 2:31 p.m., reconvening at 4:17 p.m. with all Commissioners and all other Officials, with the exception of Deputy Clerk Kyla Farrell who was replaced by Deputy Clerk Chariti Colon.

RIVER CROSS LAND COMPANY LLC

VS. SEMINOLE COUNTY SETTLEMENT OFFER

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

Motion by Commissioner Constantine, seconded by Commissioner Lockhart, to reject the Plaintiff’s settlement offer that was submitted to the County on January 10, 2020.

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

     District 5 voted NAY.

     Motion passes 4 to 1.

LEGISLATIVE UPDATE

     Tricia Johnson, Deputy County Manager, addressed the Board and stated the Florida Legislature convened today for its annual 60-day regular session.  More than 3,300 bills have been filed.  Last year, 3,400 bills were filed and 192 were passed.  The only item the legislature has to pass is the budget, and Governor DeSantis has proposed a $91.4 billion budget for the next fiscal year.  Some of the hottest issues for the governor are increasing teacher salaries, adding $387 million to the Sadowski Fund, as well as other items related to the E-Verify system and mental health.  The Republicans hold the majority in both the house and senate.  The County has three appropriation requests:  The Lake Jesup watershed project, the Lake Monroe Trail Loop, and discounted bear-resistant refuse containers.

COUNTY ATTORNEY’S REPORT

Mr. Applegate advised outside counsel will soon be providing an update on the opioid litigation, and it will be distributed to all of the Commissioners when it is received. 

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Mr. Applegate informed that an expert has been retained for the noise ordinance.

DISTRICT REPORTS

District 1

Commissioner Dallari reported the engineers from Meritage Homes have informed him they have the geotechnical data about the water drainage issues at Bear Creek and Tuskawilla Estates, and they will be presenting a solution to staff.

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The Commissioner requested an update on extending the bear ordinance to the eastern part of the county.  Ms. Lung advised she has met with representatives from the City of Oviedo and the City of Winter Springs about doing a joint line.  Winter Springs will not be participating; however, Oviedo is interested.  Ms. Lung is waiting on the overlay from Florida Fish and Wildlife for the 2019 bear calls in that area so they have a better idea where to lay out the line.  Afterward, Patrick Kelly, Oviedo Assistant City Manager, will present it to his board, and then it will come to the Board of County Commissioners.

District 5

Commissioner Carey reported she attended the January Sanford Airport Authority board meeting.  The domestic terminal expansion is now 78% completed.  The final passenger count for 2019 was 3,288,298.

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The Commissioner attended the joint board meeting between the Sanford Airport Authority and VINCI Airports and met Valerie Vesque-Jeancard, CEO for VINCI Americas Division.  The Commissioner advised VINCI does many kinds of transportation operations and suggested they might be somebody to talk about other transportation operation opportunities that come about in the region.

District 3

Motion by Commissioner Constantine, seconded by Commissioner Dallari, to reappoint Marianne Kind to the Animal Control Board; Robert Wolframe to the Code Enforcement Board; Cecil Tucker to the Historical Commission; G.K. Sharman to the Library Advisory Board; Nancy Dunn to the Parks and Preservation Advisory Committee; and Harry Ellis to Seminole County Port Authority.

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

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Commissioner Constantine requested staff look at Section 30.25 of the Administrative Code in reference to conservation easements and land swaps.  Ms. Guillet advised that will be looked at as part of the upcoming Admin Code review.

District 4

Commissioner Lockhart reported on events she has attended.

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The Commissioner congratulated Fire Chief Mark Oakes on his retirement and the pinning of Fire Lieutenant Marcus Gombs.

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Commissioner Lockhart advised she will be in Tallahassee as part of her responsibilities as a Trustee for Seminole State College and, therefore, will be attending the first Rescue Outreach Mission board meeting via telephone.

District 2

Chairman Zembower surrendered the gavel to Commissioner Constantine.

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Motion by Commissioner Zembower, seconded by Commissioner Dallari, to appoint Grey Wilson and reappoint Tom O’Hanlon and Brindley Pieters to the MetroPlan Community Advisory Committee for a four-year term commencing January 2020; reappoint Esther McKean to the Law Library - Fred R. Wilson Memorial Board of Trustees for a three-year term commencing January 2020; reappoint Bob Hunter as Sheriff's Office representative to the Animal Control Board for a one-year term commencing January 2020; approve appropriate Resolutions #2020-R-12 in appreciation for service by Tony Tizzio on the MetroPlan Community Advisory Committee; #2020-R-13 for Dr. Stephen Wiseman on the Animal Control Board; and for Margaret Wells on the Library Advisory Board.

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

(Motion erroneously made to approve resolution of appreciation for Margaret Wells.  Resolution #2019-R-172 in appreciation was previously approved on October 8, 2019.)

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Commissioner Zembower advised there are still open positions on the Historical Board, Library Board, and for the Animal Control Board veterinarian.  He will be meeting with a veterinarian soon regarding the position.  He requested if there were any candidates for the vacant positions to forward them to his office.

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Motion by Commissioner Zembower, seconded by Commissioner Dallari, to bring back the short-term rental ordinance.

Under discussion, Commissioner Dallari stated he thought this was already done.  Commissioner Zembower responded he has not been here when it’s been done.  Commissioner Carey recalled Commissioner Zembower previously requested it be brought back for a work session.  She requested clarification whether the motion is to bring it back to discuss at a work session or as an agenda item.  Commissioner Zembower responded to bring it forward to the Board for consideration.  Commissioner Dallari requested further clarification.  Commissioner Zembower stated if staff believes there needs to be additional work done to it.  Ms. Guillet advised the previous majority consensus of the Board was to do a work session.  It is up to the Board if they feel like they need a work session or if they just want staff to bring back the ordinance.

Commissioner Zembower amended the motion to bring it back as the ordinance.  Commissioner Dallari agreed to the amendment.

Districts 1, 2, and 3 voted AYE.

     Districts 3 and 5 voted NAY.

     Motion passes 3 to 2.

Commissioner Constantine confirmed with Commissioner Zembower it is intended that staff will make sure they work with all of the interested parties, including the realtors, to bring back the ordinance.  Commissioner Carey stated to make sure to notify all of the people who gave public comment at the last public hearing, because there were a lot of people opposed to it.

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Motion by Commissioner Zembower, seconded by Commissioner Dallari, to direct staff to work on design standards for the rural area and look at applying the Chuluota standards to the rest of the rural area.

Under discussion, Commissioner Dallari stated he thought they were supposed to being looking at this under the Land Development Code, and Ms. Guillet confirmed that is correct.  She stated they have a consultant and are working on scheduling a kickoff meeting.

Commissioner Zembower rescinded the motion and requested staff keep the Board informed of the progress.

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Commissioner Constantine returned the gavel to Commissioner Zembower to resume the duties of Chairman.

CHAIRMAN’S REPORT

Chairman Zembower made a formal request for an extra table at the Seminole Chambers State of the County on February 20, 2020, for sister-county elected officials to attend.  After discussion, direction was given to staff to handle it.

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Chairman Zembower requested support from the Board to keep the existing two Tuesdays a month for meetings.  The second Tuesday of the month would be for work sessions with the flexibility for staff to hold a consent agenda or any other pressing issues if needed, and the fourth Tuesday would be a formal BCC meeting.  After discussion, the consensus of the Board was to schedule the meetings as such, and staff was directed to publish the calendar.

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Commissioner Lockhart left the meeting at 5:00 p.m.

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Chairman Zembower stated letters have been sent to the VA regarding vouchers.  His office is currently setting up meetings with U.S. Congresswoman Stephanie Murphy, Senator Rick Scott, and Senator Marco Rubio to talk about the fact that Seminole County is not getting the proper count based on the veteran population.

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Chairman Zembower reported his office distributed to all of the Commissioners FDOT’s presentation from the January 10, 2020, Central Florida MPO Alliance meeting (received and filed).  The Chairman stated gasoline taxes have continued to decrease throughout the state, so they will eventually need to look for other funding revenue sources for roadways as well as multimodal.

COMMUNICATIONS AND/OR REPORTS

AS RECEIVED FROM THE CHAIRMAN’S OFFICE

ITEMS FOR FUTURE AGENDA

Ms. Guillet advised a letter was received and distributed to all of the Commissioners today from the City of Sanford (received and filed) stating the City took action last night with respect to the Joint Planning Area Agreement and they would like to pursue an amendment to the JPA with the County.  They have listed a number of items in the letter they would like addressed in the amended agreement.  Ms. Guillet requested the Board review the letter and provide some feedback.  Commissioner Carey inquired when the small area study would be completed because some of the amendments for the JPA may come from the study.  Ms. Hammock advised they received one response from Renaissance, and the time frame to finish the study is seven months.  Staff is talking to them to see if they can get it in six months.  Ms. Guillet stated she would like to get a consensus list of items from the Board so they can be prepared to talk about it at the next meeting.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 5:03 p.m., this same date.

 

 

ATTEST:______________________Clerk_____________________Chairman

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