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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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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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
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.
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.
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
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
kf/cc